[Federal Register: April 26, 2001 (Volume 66, Number 81)]

[Proposed Rules]               

[Page 20958-20962]

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LIBRARY OF CONGRESS



Copyright Office



37 CFR Parts 252 and 257



[Docket No. RM 2001-3 CARP]



 

Cable and Satellite Statutory Licenses



AGENCY: Copyright Office, Library of Congress.



ACTION: Notice of proposed rulemaking.



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

the requirements for the submission of claims for royalties under the 

cable statutory license, 17 U.S.C. 111, and the satellite statutory 

license, 17 U.S.C. 119.



DATES: Comments are due no later than May 21, 2001.



ADDRESSES: If sent by mail, an original and ten copies of comments 

should be addressed to: Office of the Copyright General Counsel, P.O. 

Box 70977, Southwest Station, Washington, DC 20024. If hand delivered, 

an original and ten copies should be brought to: Office of the 

Copyright General Counsel, James Madison Memorial Building, Room LM-

403, First and Independence Avenues, SE., Washington, DC 20559-6000.



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



[[Page 20959]]



William J. Roberts, Jr., Senior Attorney for Compulsory Licenses, 

Copyright Arbitration Royalty Panel, P.O. Box 70977, Southwest Station, 

Washington, DC 20024. Telephone: (202) 707-8380. Telefax: (202) 252-

3423.



SUPPLEMENTARY INFORMATION:



Background



    At issue in this rulemaking proceeding are the filing requirements 

for claiming royalty fees under the cable statutory license, 17 U.S.C. 

111, and the satellite statutory license, 17 U.S.C. 119. The cable 

statutory license permits cable systems to retransmit to their 

subscribers the signals of television and radio broadcast stations upon 

semi-annual submission of royalty payments to the Copyright Office. 

Similarly, the satellite statutory license permits satellite carriers 

to retransmit to their subscribers the signals of distant television 

stations upon semi-annual submission of royalty payments to the 

Copyright Office. The Copyright Office deposits the received cable and 

satellite royalty fees in interest-bearing accounts with the U.S. 

Treasury for later distribution to owners of the copyrighted broadcast 

programming retransmitted by both cable and satellite. It is the 

process for filing claims to these royalty fees that the Copyright 

Office is reexamining in this Notice of Proposed Rulemaking (``NPRM'').

    Both section 111 and section 119 describe in general terms the 

process for filing claims to royalty fees. Section 111(d)(3) provides 

that cable royalty fees shall ``be distributed to those among the 

following copyright owners who claim that their works were the subject 

of secondary transmissions by cable systems during the relevant 

semiannual accounting period:



    (A) Any such owner whose work was included in a secondary 

transmission made by a cable system of a nonnetwork television 

program in whole or in part beyond the local service area of the 

primary transmitter; and

    (B) Any such owner whose work was included in a secondary 

transmission identified in a special statement of account deposited 

under clause (1)(A); and

    (C) Any such owner whose work was included in nonnetwork 

programming consisting exclusively of aural signals carried by a 

cable system in whole or in part beyond the local service area of 

the primary transmitter of such programs.



17 U.S.C. 111(d)(3). Section 111(d)(4)(A) prescribes the annual process 

for filing claims to cable royalties:



    During the month of July in each year, every person claiming to 

be entitled to statutory license fees for secondary transmissions 

shall file a claim with the Librarian of Congress, in accordance 

with requirements that the Librarian of Congress shall prescribe by 

regulation. Notwithstanding any provisions of the antitrust laws, 

for purposes of this clause any claimants may agree among themselves 

as to the proportionate division of statutory licensing fees among 

them, may lump their claims together and file them jointly or as a 

single claim, or may designate a common agent to receive payment on 

their behalf.



17 U.S.C. 111(d)(4)(A).

    Though different in certain limited respects, the language 

regarding royalty claims appearing in the section 119 license is 

modeled after the section 111 language. Section 119(b)(3) prescribes 

that satellite license royalty fees shall ``be distributed to those 

copyright owners whose works were included in a secondary transmission 

for private home viewing made by a satellite carrier during the 

applicable 6-month accounting period and who file a claim with the 

Librarian of Congress under paragraph (4).'' Paragraph (4)(A) provides 

that:



    During the month of July in each year, each person claiming to 

be entitled to statutory license fees for secondary transmissions 

for private home viewing shall file a claim with the Librarian of 

Congress, in accordance with requirements that the Librarian of 

Congress shall prescribe by regulation. For purposes of this 

paragraph, any claimants may agree among themselves as to the 

proportionate division of statutory license fees among them, may 

lump their claims together and file them jointly or as a single 

claim, or may designate a common agent to receive payment on their 

behalf.



17 U.S.C. 119(b)(4)(A).

    These are the statutory provisions governing cable and satellite 

royalty claims. The Librarian of Congress has prescribed the filing 

requirements for the submission of cable and satellite royalty claims. 

Part 252 of 37 CFR establishes the filing requirements for cable 

claims, while part 257 establishes the filing requirements for 

satellite claims. Of relevance to this NPRM are the sections of those 

parts that deal with the content of the claims filed.

    There are no forms for filing a cable or satellite royalty 

claim.\1\ There are, however, formats for submitting cable and 

satellite claims. Section 252.3, 37 CFR, puts forward the required 

content of a cable claim:

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    \1\ The Copyright Royalty Tribunal eschewed issuing forms to 

complete a cable or satellite royalty claim. When the Tribunal was 

abolished in 1993, the Library of Congress subsumed the Tribunal's 

rules, and continued the practice of not printing or issuing forms.



    (a) Claims filed by parties claiming to be entitled to cable 

compulsory license royalty fees shall include the following 

information:

    (1) The full legal name of the person or entity claiming royalty 

fees.

    (2) The telephone number, facsimile number, if any, and full 

address, including a specific number and street name or rural route, 

of the place of business of the person or entity.

    (3) If the claim is a joint claim, a concise statement of the 

authorization for the filing of the joint claim, and the name of 

each claimant to the joint claim. For this purpose, a performing 

rights society shall not be required to obtain from its members or 

affiliates separate authorizations, apart from their standard 

membership affiliate agreements, or to list the name of each of its 

members or affiliates in the joint claim.

    (4) For individual claims, a general statement of the nature of 

the claimant's copyrighted works and identification of at least one 

secondary transmission by a cable system of such works establishing 

a basis for the claim. For joint claims, a general statement of the 

nature of the joint claimants' copyrighted works and identification 

of at least one secondary transmission of one of the joint 

claimants' copyrighted works by a cable system establishing a basis 

for the joint claim.

    (b) Claims shall bear the original signature of the claimant or 

of a duly authorized representative of the claimant.



37 CFR 252.3. The language of Sec. 257.3, governing the content of 

satellite claims, is the same as Sec. 252.3.



History of Claim Requirements



    Submission and resolution of cable, and later satellite, claims 

originally vested solely in the Copyright Royalty Tribunal. It was the 

Tribunal that first imposed the filing requirements for both licenses 

and decided against issuing standardized forms. The Library of Congress 

inherited the Tribunal's regulation upon its dissolution in 1993. See 

58 FR 67690 (December 22, 1993). As discussed below, the Librarian has 

made some changes to the content requirements for both cable and 

satellite claims.

    From 1978 to the end of 1993, the Copyright Royalty Tribunal 

received and processed cable claims. Section 302.7(a) of the Tribunal's 

regulation prescribed the content requirements for those claims:



    During the month of July of each year, every person claiming to 

be entitled to compulsory license fees for secondary transmissions 

during the preceding calendar year shall file a claim to such fees 

in the office of the Copyright Royalty Tribunal. No royalty fees 

shall be distributed to copyright owners for secondary transmissions 

during the specified period unless such owner has filed a claim to 

such fees during the following calendar month of July. For purposes 

of this clause claimants may file claims jointly or as a single 

claim. Such filing shall include such information as the Copyright 

Royalty Tribunal may require. A joint claim shall include a concise 

statement of the authorization for the filing of the joint claim. A 

performing rights society shall not



[[Page 20960]]



be required to obtain from its members or affiliates separate 

authorizations, apart from their standard agreements, for purposes 

of this filing and fee distribution.



37 CFR 302.7(a) (1993). Subsection (b) of that regulation required the 

full name and address of the ``person or entity claiming compulsory 

license fees,'' along with identification of at least one secondary 

transmission of that person's or entity's program by a cable system.

    The purpose of the Tribunal's regulations governing the filing of 

cable claims is evident: identify who the claimants are to the royalty 

pool and assure that they have asserted a prima facie claim for section 

111 royalties. While the regulation states that ``every person claiming 

to be entitled to compulsory license fees'' may file a claim, the 

regulation further states that ``[n]o royalty fees shall be distributed 

to copyright owners for secondary transmissions during the specified 

period unless such owner has filed a claim to such fees during the 

following calendar month of July.'' 37 CFR 302.7(a) (1993).

    The Tribunal's regulations for the filing of satellite claims were 

adopted soon after the passage of the Satellite Home Viewer Act of 

1988, which enacted the section 119 license. Not surprisingly, the 

Tribunal copied the same language it used for the required content of 

cable claims. However, with respect to the submission of a joint claim, 

the Tribunal's regulation permitted the filing of a joint claim but did 

not require a concise statement of the authorization for the filing of 

the joint claim. 37 CFR 309.2 (1993).

    When the Tribunal's responsibilities were assumed by the Library, 

the Library proposed changes to the regulations for filing cable and 

satellite claims.\2\ Proposed new Sec. 252.2 read:

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    \2\ The Library used the same language for the satellite royalty 

claim regulations, 37 CFR 257.



    During the month of July each year, any party claiming to be 

entitled to cable compulsory license royalty fees for secondary 

transmissions of one or more of its works during the preceding 

calendar year shall file a claim to such fees with the Copyright 

Office. No royalty fees shall be distributed to a party for 

secondary transmissions during the specified period unless such 

party has timely filed a claim to such fees. Claimants may file 

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claims jointly or as a single claim.



59 FR 2550, 2564 (January 18, 1994). The Library did not state why it 

changed slightly the wording of the former Tribunal's regulation but 

did propose a new Sec. 252.3 which incorporated some of the same 

principles. Section 252.3(a)(3) stated that ``[i]f the claim is a joint 

claim, a concise statement of the authorization for the filing of the 

joint claim [is required]. For this purpose a performing rights society 

shall not be required to obtain from its members or affiliates separate 

authorizations, apart from their standard agreements.'' 59 FR at 2565. 

The Library also proposed Sec. 252.3(e) which stated that ``[a]ll 

claimants filing a joint claim shall make available to the Copyright 

Office, other claimants, and, where applicable, a Copyright Arbitration 

Royalty Panel, a list of all individual claimants covered by the joint 

claim.'' 59 FR at 2565.

    One commentator to the NPRM, the Public Broadcasting Service 

(``PBS''), raised concerns about Sec. 252.3(e), wondering whether, in 

the case of a joint claim, each claimant was required to identify at 

least one secondary transmission. The Library responded:



    We acknowledge that Sec. 252.3 as proposed in the NPRM muddies 

the waters for the filing of cable royalty claims, and of satellite 

royalty claims as well. We are troubled, however, by changing what 

had been a longstanding requirement at the Tribunal for obliging all 

claimants to identify at least one secondary transmission of their 

copyrighted works. While such requirement does undoubtably add to 

the time and expense burdens of joint claimants such as PBS, it is 

not without purpose. The law states plainly that cable compulsory 

license royalties are only to be distributed to ``copyright owners 

who claim that their works were the subject of secondary 

transmissions by cable systems during the relevant semiannual 

period.'' 17 U.S.C. 111(d)(3). To support such a claim, each 

claimant may reasonably be asked to identify at least one secondary 

transmission of his or her work, thus permitting the Copyright 

Office to screen the claims and dismiss any claimants who are 

clearly not eligible for royalty fees. The requirement will also 

help to reduce time spent by a CARP determining which claimants have 

a valid claim: if only one secondary transmission is identified for 

one of the joint claimants, then it could not readily be determined 

if the other claimants were even eligible for cable royalties.

    In an effort to end this confusion we are deleting subsection 

(e) with its requirement that joint claimants submit a list 

identifying all the claimants. Instead, we are amending subsection 

(a)(4) to require that each claimant to a joint claim, other than a 

joint claim filed by a performing rights society on behalf of its 

members or affiliates, must identify at least one secondary 

transmission of his or her works.



59 FR 23964, 23979 (May 9, 1994).

    A hail of protest followed the Library's change of the joint claim 

rule. Several copyright owner groups, including Program Suppliers, 

argued that a requirement that each joint claimant submit evidence of a 

secondary transmission was unnecessary and expensive and was not a 

practice observed by the CRT. Program Suppliers went further and argued 

that the Copyright Office should refrain from any examination or 

screening of claims as a regular practice, and leave such activities 

and eligibility issues to the claimants to raise through motions either 

to the Librarian or the CARPs. 59 FR 63025, 63027 (December 7, 1994).

    On reconsideration, the Library dropped the requirement that each 

joint claimant identify a secondary transmission. The Library noted 

that ``[t]he amended rule, however, does require each joint claim to 

identify all claimants participating in the joint claim. Those who are 

not identified in the joint claim may not be added to it after the 

filing period.'' Id. at 63028. \3\ The amended Sec. 252.3(a)(3) of the 

rules, which is the current rule, reads in pertinent part: ``If the 

claim is a joint claim, a concise statement of the authorization for 

the filing of the joint claim, and the name of each claimant to the 

joint claim [is required].'' Id. at 63042. Once again, the same 

language was used for satellite claims. See 37 CFR 257.3.

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    \3\ An exception to this requirement was made for performing 

rights societies, such as ASCAP and BMI. That exception, however, 

has no application in this rulemaking proceeding.

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The Need for Change



    All in all, the process for filing cable and satellite claims has 

worked well through the years. However, a recent cable distribution 

proceeding has revealed certain infirmities that require attention. 

Specifically, we are reconsidering who may file a cable or satellite 

claim, and under what circumstances a joint claim may be filed.

    Who may file a cable or satellite royalty claim? In most instances, 

the claims received by the Copyright Office for cable and satellite 

fees are single claims filed by a copyright owner who owns one or more 

of the exclusive rights to a program (or more than one program) that 

has been retransmitted by a cable system or satellite carrier and who 

is claiming statutory royalties for the retransmission of that program. 

Both the cable and the satellite licenses plainly state that it is the 

copyright owner, and only the copyright owner, whose work has been 

retransmitted by a cable system or satellite carrier who is eligible to 

receive a distribution of royalty fees. 17 U.S.C. 111(d)(3) & 

119(b)(3). Consequently, there seems to be no question that it is 

acceptable for a copyright owner of a retransmitted work to submit the 

claim for cable or satellite fees.



[[Page 20961]]



    Is it permissible for someone other than the copyright owner of the 

work identified in the claim to submit the claim? The Copyright Royalty 

Tribunal's old rules could be read as permitting only copyright owners 

and performing rights societies to file royalty claims. See 37 CFR 

302.7(a) (1993) (``No royalties shall be distributed to copyright 

owners * * * unless such owner has filed a claim to such fees during 

the following calendar month of July,'' but performing rights societies 

are not required to obtain separate authorizations from members or 

affiliates). The Library's rules, however, state that ``any party'' 

claiming to be entitled to cable or satellite royalty fees may file a 

claim. 37 CFR 252.2 & 257.2. ``Any party'' is quite broad and can 

include holders of one or more exclusive rights granted by copyright, 

as well as agents and representatives of copyright owners.

    It has come to the attention of the Library, as part of a recent 

cable royalty distribution proceeding, that the current standard for 

allowing any party claiming the cable or satellite fees to file a claim 

can produce unintended and undesirable results. See Order in Docket No. 

2000-2 CARP CD 93-97 (June 22, 2000). Specifically, this language could 

be interpreted by the public as allowing the filing of ``placeholder'' 

claims. A ``placeholder'' claim is a claim filed by a person who is not 

a copyright owner, but who files a cable or satellite claim in his or 

her own name, and then later asserts claims to royalties on behalf of 

copyright owners whose works were retransmitted by a cable system or 

satellite carrier. Placeholder claims are typically filed with the 

Copyright Office in the form of single claims, but in substance they 

are joint claims. Because the Copyright Office does not inquire as to 

the identity of the person or entity filing a cable or satellite claim 

(i.e. whether that person or entity is a copyright owner or another 

party), we cannot determine whether the claim is a properly filed 

single claim, or should be a joint claim identifying the appropriate 

represented copyright owners.

    Placeholder claims run afoul of the distribution process for cable 

and satellite royalties. The law states that cable and satellite 

royalties may only be distributed to copyright owners whose works were 

retransmitted by either cable systems or satellite carriers. \4\ 

Indeed, the purpose of filing claims is to permit identification of all 

copyright owners who are entitled to a distribution. \5\ Placeholder 

claims make it impossible to identify the copyright owners entitled to 

distribution. Further, both section 111 and section 119 plainly state 

that claims for royalty fees must be filed in the month of July to be 

eligible for distribution. Placeholder claims can circumvent this 

requirement by allowing the filer to enter into representation 

agreements with copyright owners after the July deadline, and 

effectively secure a distribution for those owners who had not filed 

timely claims. The Office has stated previously that it will not allow 

joint claims to be amended to add new parties after the July deadline, 

because this would thwart the purpose of the July filing requirement. 

59 FR 63025, 63028 (December 7, 1994). Placeholder claims produce this 

result, because the identity of the copyright owners represented by the 

party filing the placeholder claim will not be known until Notices of 

Intent to Participate in a CARP proceeding are filed. Presumably, the 

party filing the placeholder claim could then sign representation 

agreements with copyright owners who had not filed their own claims up 

until that date.

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    \4\ Both section 111 and section 119 permit copyright owners to 

designate a common agent for payment of royalty fees. 17 U.S.C. 

111(d)(4)(A) & 119(b)(4)(A). We do not interpret this language as 

authorizing the filing of placeholder claims. Rather, this language, 

``[claimants] may designate a common agent to receive payment on 

their behalf,'' allows the Library to distribute royalties to 

someone other than the copyright owner, provided that the owner has 

previously informed the Copyright Office of the identify of the 

common agent.

    \5\ The one exception to this is allowing performing rights 

societies, who literally represent thousands of copyright owners, to 

file one claim on behalf of all their members and affiliates. As 

discussed above, the Copyright Royalty Tribunal created this 

exception, and the Copyright Office has adopted this practice.

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Proposed Rule and Comments



    We wish to put an end to placeholder claims. To this end, we are 

proposing to amend parts 252 and 257 of the rules to clarify that any 

single claim filed with the Copyright Office (meaning a claim 

containing only one person's or entity's name and address) must be 

filed in the name of the copyright owner whose work was retransmitted 

by a cable system or a satellite carrier. The copyright owner 

submitting the single claim must provide the name, address and 

signature of the contact person for the claim, who can be the copyright 

owner, an employee of the copyright owner, an agent, or a duly 

authorized representative.

    Any claim which is filed for cable or satellite royalties that 

purports to cover more than one copyright owner must be filed as a 

joint claim. The joint claim must identify all copyright owners who are 

participating in the joint claim. If a joint claim omits the name of a 

copyright owner, and the joint claim is not amended to include the name 

of the copyright owner prior to the expiration of the July filing 

deadline, that copyright owner will not be considered to have filed a 

timely claim.

    We note that the practice of filing placeholder claims, in the 

context of joint claims, can also occur. The Copyright Office may 

receive, for example, a joint claim identifying three entities, only 

two of which are actually copyright owners of works retransmitted by 

cable or satellite. The third party is not a copyright holder, but 

instead represents current, and possibly future, copyright owners. The 

third party has filed a placeholder claim, which is inappropriate for 

the reasons described above. Consequently, the Library is proposing to 

amend its rules to prohibit the submission of placeholder claims for 

both single and joint claims.

    All interested parties are requested to file comments with the 

Copyright Office in accordance with the information set forth in this 

document. Unless persuaded otherwise by the commenters, the Office 

intends to issue final rules in time for the submission of cable and 

satellite royalty claims in July of this year.



Statutory Authority



    The Library of Congress initiates this rulemaking proceeding under 

its authority to establish regulations for the submission of cable 

statutory license claims and satellite statutory license claims. 17 

U.S.C. 111(d)(4)(A) & 119(b)(4)(A).



List of Subjects



37 CFR Part 252



    Copyright, Cable television, Claims.



37 CFR Part 257



    Copyright, Satellite television, Claims.



    In consideration of the foregoing, it is proposed that parts 252 

and 257 of 37 CFR Chapter II be amended as follows:



PART 252--FILING OF CLAIMS TO CABLE ROYALTY FEES



    1. The authority citation for part 252 continues to read as 

follows:



    Authority: 17 U.S.C. 111(d)(4), 801, 803.



    2. Section 252.3 is revised to read as follows:





Sec. 252.3  Content of claims.



    (a) Single claim. A claim filed on behalf of a single copyright 

owner of a work or works secondarily transmitted by a cable system 

shall include the following information:



[[Page 20962]]



    (1) The full legal name and address of the copyright owner entitled 

to claim the royalty fees.

    (2) A general statement of the nature of the copyright owner's work 

or works, and identification of at least one secondary transmission by 

a cable system of such work or works establishing a basis for the 

claim.

    (3) The name, telephone number, facsimile number, if any, and full 

address, including a specific number and street name or rural route, of 

the person or entity filing the single claim.

    (4) An original signature of the copyright owner or of a duly 

authorized representative of the copyright owner.

    (b) Joint claim. A claim filed on behalf of more than one copyright 

owner whose works have been secondarily transmitted by a cable system 

shall include the following information:

    (1) A list including the full legal name and address of each 

copyright owner to the joint claim entitled to claim royalty fees.

    (2) A concise statement of the authorization for the person or 

entity filing the joint claim. For this purpose, a performing rights 

society shall not be required to obtain from its members or affiliates 

separate authorizations, apart from their standard membership affiliate 

agreements, or to list the name of each of its members or affiliates in 

the joint claim as required by paragraph (b)(1) of this section.

    (3) A general statement of the nature of the copyright owners' 

works and identification of at least one secondary transmission of one 

of the copyright owners' work or works by a cable system establishing a 

basis for the joint claim and the identification of the copyright owner 

of each work so identified.

    (4) The name, telephone number, facsimile number, if any, and full 

address, including a specific number and street name or rural route, of 

the person filing the joint claim.

    (5) Original signatures of the copyright owners to the joint claim 

or of a duly authorized representative or representatives of the 

copyright owners.

    (c) In the event that the legal name and/or address of the 

copyright owner entitled to royalties or the person or entity filing 

the claim changes after the filing of the claim, the Copyright Office 

shall be notified of the change. If the good faith efforts of the 

Copyright Office to contact the copyright owner or person or entity 

filing the claim are frustrated because of failure to notify the Office 

of a name and/or address change, the claim may be subject to dismissal.



PART 257--FILING OF CLAIMS TO SATELLITE CARRIER ROYALTY FEES



    3. The authority citation for part 257 continues to read as 

follows:



    Authority: 17 U.S.C. 119(b)(4).



    2. Section 257.3 is revised to read as follows:





Sec. 257.3  Content of claims.



    (a) Single claim. A claim filed on behalf of a single copyright 

owner of a work or works secondarily transmitted by a satellite carrier 

shall include the following information:

    (1) The full legal name and address of the copyright owner entitled 

to claim the royalty fees.

    (2) A general statement of the nature of the copyright owner's work 

or works, and identification of at least one secondary transmission by 

a satellite carrier of such work or works establishing a basis for the 

claim.

    (3) The name, telephone number, facsimile number, if any, and full 

address, including a specific number and street name or rural route, of 

the person or entity filing the single claim.

    (4) An original signature of the copyright owner or of a duly 

authorized representative of the copyright owner.

    (b) Joint claim. A claim filed on behalf of more than one copyright 

owner whose works have been secondarily transmitted by a satellite 

carrier shall include the following information:

    (1) A list including the full legal name and address of each 

copyright owner to the joint claim entitled to claim royalty fees.

    (2) A concise statement of the authorization for the person or 

entity filing the joint claim. For this purpose, a performing rights 

society shall not be required to obtain from its members or affiliates 

separate authorizations, apart from their standard membership affiliate 

agreements, or to list the name of each of its members or affiliates in 

the joint claim as required by paragraph (b)(1) of this section.

    (3) A general statement of the nature of the copyright owners' 

works, identification of at least one secondary transmission of one of 

the copyright owners' work or works by a satellite carrier establishing 

a basis for the joint claim, and the identification of the copyright 

owner of each work so identified.

    (4) The name, telephone number, facsimile number, if any, and full 

address, including a specific number and street name or rural route, of 

the person filing the joint claim.

    (5) Original signatures of the copyright owners to the joint claim 

or of a duly authorized representative or representatives of the 

copyright owners.

    (c) In the event that the legal name and/or address of the 

copyright owner entitled to royalties or the person or entity filing 

the claim changes after the filing of the claim, the Copyright Office 

shall be notified of the change. If the good faith efforts of the 

Copyright Office to contact the copyright owner or person or entity 

filing the claim are frustrated because of failure to notify the Office 

of a name and/or address change, the claim may be subject to dismissal.



    Dated: April 23, 2001.

David O. Carson,

General Counsel.

[FR Doc. 01-10424 Filed 4-25-01; 8:45 am]

BILLING CODE 1410-33-P