[Federal Register: June 14, 2000 (Volume 65, Number 115)]


[Page 37412-37413]



Copyright Office

[Docket No. 99-3 CARP DD 95-98]


Distribution of 1995, 1996, 1997, and 1998 Digital Audio 

Recording Technology Royalties

AGENCY: Copyright Office, Library of Congress.

ACTION: Suspension of proceeding; Resumption of initiation of 



[[Page 37413]]

SUMMARY: The Copyright Office of the Library of Congress is announcing 

the suspension of the proceeding to distribute the 1995-98 digital 

audio recording technology (``DART'') royalties in the Musical Works 

Funds from May 16, 2000, to June 16, 2000. The 180-day arbitration 

period for the proceeding will resume on June 16, 2000.

EFFECTIVE DATE: June 16, 2000.

ADDRESSES: All hearings and meetings for the 1995-98 DART distribution 

proceeding shall take place in the James Madison Memorial Building, 

Room LM-414, First and Independence Avenue, SE, Washington, DC 20540.

FOR FURTHER INFORMATION CONTACT: David O. Carson, General Counsel, or 

Tanya M. Sandros, Senior Attorney, Copyright Arbitration Royalty Panel 

(``CARP''), P.O. Box 70977, Southwest Station, Washington, DC 20024. 

Telephone: (202) 707-8380. Telefax: (202) 252-3423.



    On April 10, 2000, the Copyright Office published a notice in the 

Federal Register announcing that the initiation of the 180-day 

arbitration period for the distribution of the 1995-98 digital audio 

recording technology (``DART'') royalties in the Musical Works Funds 

would begin on April 10, 2000. 65 FR 19025 (April 10, 2000). The notice 

also announced the two arbitrators selected by the Librarian to serve 

on the Copyright Arbitration Royalty Panel (``CARP'') for the 

proceeding. In accordance with 17 U.S.C. 802(b), the two arbitrators 

selected a third arbitrator to serve as the chairperson of the panel. 

However, on May 25, 2000, the third arbitrator resigned from the 

position of chairperson out of concern that potential conflicts of 

interest, which were not known to the arbitrator at the time of 

selection, may exist under Sec. 251.32. Because of these concerns, the 

Copyright Office canceled the initial meeting between the parties and 

the original panel of arbitrators that had been set for May 16, 2000.

    Section 251.6(f) provides that when an arbitrator is unable to 

continue to serve on a CARP before the commencement of hearings in a 

proceeding, the Librarian ``will suspend the proceeding.'' The notice 

published today serves as notice that the proceeding is suspended from 

May 16, 2000, to June 16, 2000. The 180-day arbitration period will 

resume on June 16, 2000. Section 251.6(f) further provides that if the 

resulting vacancy was ``previously occupied by the chairperson, the two 

remaining arbitrators shall select, the replacement from the arbitrator 

list, and the person chosen shall serve as chairperson.'' Accordingly, 

the remaining two arbitrators selected a new chairperson.

Selection of Arbitrators

    In accordance with Sec. 251.64 of the CARP rules, the arbitrators 

selected for this proceeding are: The Honorable Cheryl I. Niro 

(Chairperson), The Honorable John B. Farmakides, The Honorable Harold 


Initiation of the Proceeding

    In accordance with Sec. 251.8(a) of the CARP rules, which provides 

that a suspended proceeding will resume ``from the time and point at 

which it was suspended,'' the 180-day period to determine the 

distribution of the 1995-98 digital audio recording technology 

(``DART'') royalties in the Musical Works Funds, resumes on June 16, 

2000. Thus, the 180-day period arbitration period recommences on June 

16, 2000, and the arbitrators shall file their written report with the 

Librarian of Congress by November 13, 2000, in accordance with 

Sec. 251.53 of 37 CFR.

    A meeting between the participants in the distribution proceeding 

and the arbitrators shall take place on Monday, June 19, 2000, at 1 

p.m. at the Library of Congress, James Madison Building, LM-414, First 

and Independence Avenue, SE, Washington, DC, to discuss the hearing 

schedule and any other procedural matters. The meeting is open to the 

public. Scheduling of the 1995-98 DART royalty distribution 

[proceeding is within the discretion of the CARP.  The Library will 

publish the schedule of the*]

proceedings, as required by 37 CFR 251.11(b), as soon as it is 


    Dated: June 9, 2000.

David O. Carson,

General Counsel.

[FR Doc. 00-14976 Filed 6-13-00; 8:45 am]


*[corrected text]