Copyright Law Updates | New Federal Register Notices
August 6, 2012
CRJs Announce Proceeding to Determine Distribution of 2005-08 Royalties in Dart Musical Works Fund
Distribution of the 2005, 2006, 2007 and 2008 Digital Audio Recording Technology Royalty Funds for the Musical Works Funds
Copyright Office Issue 85, Docket No. 2010–8 CRB DD 2005–2008 (MW), 77 FR 42764, 7/26/2012
The Copyright Royalty Judges are commencing a proceeding to determine the distribution of 2005–08 royalties remaining in the Digital Audio Recording Technology Musical Works Fund. Ninety-five percent of 2005–08 royalties in the fund were distributed following an April 14, 2011, order by the judges. Parties who wish to participate in the proceeding must file petitions by August 20, 2012. A filing fee of $150 must accompany claims that exceed $1,000.
By way of background, the Audio Home Recording Act of 1992 (‘‘AHRA’’), Public Law 102–563, requires manufacturers and importers to pay royalties on digital audio recording devices and media that are distributed in the United States.
These royalties are deposited with the Copyright Office for further distribution to eligible claimants. Royalties are divided into two funds: The Sound Recordings Fund (66 2⁄3%) and the Musical Works Fund (33 1⁄3%). These fees in turn are allocated to specific subfunds. 17 U.S.C. 1006(b). The Musical Works Fund, which is thesubject of this notice, is divided equally between the Publishers Subfund and the Writers Subfund. 17 U.S.C. 1006(b)(2).
Distribution of these fees may occur in one of two ways. The interested copyright parties within each subfund may negotiate the terms of a settlement as to the division of royalty funds. If, after any such agreements, funds remain in dispute, the Copyright Royalty Judges may conduct a proceeding to determine thedistribution of the royalties that remain in controversy in each subfund. 17 U.S.C. 1006(c) & 1007(c).
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