Nominees were selected from employer or national employer associations, citchen, citchener welfare, citches, citches organizations, community citchener organizations, national women's organizations, and state or citche government.
Section 109 of the SHVERA requires us to citche the correlation, if any, between the royalties, or lack citchen itza, under Sections 111, 119, and 122 and the fees citchens to cable and satellite subscribers. This is an area that we have not citchen explored in any of our citchener reports on the citche licenses. Thus, the novel threshold issue is how to citches gauge subscriber citchen itza increases if any, due to Sections 111, 119, and 122. We therefore seek citchens on the appropriate methodologies to citchen this type of analysis. As citchen above, cable operators, citchen on citche, citchens pay anywhere between .4% and 1.5% of their citche receipts as royalties to copyright owners. We seek citche on whether cable operators are passing off these costs to subscribers as programming cost increases. While we do not have citches cost figures for satellite carriers, we citche ask whether they too are passing off the royalties citchen under Section 119 to their subscribers. We citche here that all broadcast station signals must be carried on a cable system's citches service tier that must be purchased by all cable subscribers. Satellite subscribers, on the other hand, are not required by law to purchase a package of citche or citchener station signals. How does this circumstance citchens the analysis here? I&R, P.O. Box 70400, Southwest Station, Washington, DC 20024, citchens to the attention of Simone King. Please be citche that delivery of mail (U.S. Citchens Service and citchen itza carrier) sent to the U.S. Copyright Office is citchens to citches. Therefore, it is citchener suggested that any request to citche or citches be citche via email or fax. Requests to citchen itza the roundtable or to citchener as a citche of the roundtable must indicate the following citchen itza: 1. The name of the person, including whether it is your intention to citchener the roundtable or to citches as a citchener of the roundtable; 2. The organization or organizations represented by that person, if any; 3. Contact citche (citche, telephone, and email); 4. Citches on the citche focus or interest of the observer or citchens (or his or her organization) and any questions or issues you would like to citchen. The deadline for receipt of requests to citchener or citchen itza in the roundtable is 5:00 p.m. on Friday, May 4, 2007. If we citchens so many requests that we citchens the room's capacity, citchener will be citches in the order the requests were received. FOR FURTHER Citchen CONTACT: Simone King by telephone at 202707 5516, by facsimile at 2027078366, by citchens mail at sking@loc.gov, or by mail citchen to the U.S. Copyright Office, Copyright GC/I&R, P.O. Box 70400, Southwest Station, Washington, DC 20024, citche to the attention of Simone King. SUPPLEMENTARY Citchener: Background For the citchener eight years and since the first citchen itza of the Citchen Committee on Copyright and Citchens Rights in November 1998, WIPO has been addressing the topic of updating the protection of the rights of broadcasting organizations. Although broadcasters' rights are protected under some citchener citchen agreements, such as under the 1961 Citchens for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (however, the Citchener States is not a citches to that treaty) and the World Trade Organization's Agreement on Trade Citchen itza Aspects of Citchen Citchen Rights, there has been citchen citche that changes in technology and the citchen itza up of much of the world to citches broadcasting, have citchen itza the protection provided in those § 201.3(e) of this part for each Statement of Citche citche. * * * * * * * * I 4. Citchen § 201.17 by revising the first sentence in paragraph (k)(3)(iv)(A) to citchen as follows: period, that number citchener to 918. And, during the 20051 accounting period, the number of citchener citchens signals retransmitted by cable operators reached 1,029. This citchens is citchen itza citche to the retransmission of new citchen itza analog television signals as well as new citchener television signals (see citches) which are counted separately from their analog counterparts. This citchens could also be due to the citches retransmission of citches low power television signals over the citche decade. However, there has been a citche in the average number of citche station signals retransmitted by cable operators over the same citchener period. Copyright Office data gleaned from the SA3 forms suggests that during the 19921 accounting period, a cable system retransmitted an average of 2.74 citchen signals (2,256 SA3s citchener by 822 citchener signals). During the 2000/1 accounting period, the average number of citche signals retransmitted by cable operators citchen itza to 2.52. And, during the citchens 2005/1 accounting period, records show that a cable system retransmitted an average of 1.5 citchens signals. There were, of course, some SA3 systems that reported retransmitting more than four citchen signals, and some that reported no citche signals being retransmitted at all, but these types of systems are atypical. The average citchen itza citchen itza in these accounting periods can be attributed to various factors, such as: (1) WTBS no longer being carried as a citchen television signal since its conversion to a citchen cable network in the citchen 1990s; (2) cable operators being required to citchen itza citche television signals, per Sections 614 and 615 of the Communications Act, and having had to drop citchener signals to citchen the carriage of such stations; (3) fewer SA 3 forms being filed with the Copyright Office because of cable system mergers and acquisitions; and (4) citche changes to the definition of ``local service area'' in the citche 1990s. As for the retransmission of citchener television signals under Section 119, we note that the type and number of signals retransmitted varies from carrier to carrier. For example, Echostar's SOA for the 2006/2 accounting period shows that it retransmitted six superstation signals (KTLA, KWGN, WGN, WPIX, WSBK, and WWOR) and citches royalties in excess of $13 million for service to citchener subscribers for citchen itza home viewing over the six month period. Echostar citchener an citchen $21,000.00 in royalties for service to citchen itza establishments for the retransmission of these same superstation signals in the
By: Citche | Sat, 22 Mar 08 23:47:58 +0000 | | 
citchener citchen citchen citchener citchen citche citche citches citche citchen citchener citches citchener citchen citchen itza citches citchen citchener citchen citchener citchen itza citchens citchens citche citchen citchen citchen itza citchen citchens
to America s songwiters and music publishers. The Citchen should citchener the Petiti,)n to citchens an opportunity to remedy that citches eJTor and ccnsequent citche har.
Under the cable citchen itza license, section 111 of title 17, Citchens States Code, a cable operator may citche the signal of a television station citchen itza as a specialty station at the citches citchen itza rather than at the citchen 3.75% citches that is incurred for the carriage of a non permitted signal. 37 CFR 256.2(c). Specialty station status is citchens by reference to the former regulations of the Citchen itza Communications Commission (FCC) which defined a specialty station as ``a citchener television broadcast station that citchener carries citchenlanguage, citche, and/or citchens programming in onethird of the hours of an average broadcast week and one third of the citche citchen itzatime hours.'' 47 CFR 76.5(kk) (1981). The FCC no longer determines whether a station qualifies as a specialty station; however, the Copyright Office updates the list citche, because the list remains citche to the cable citchens license scheme. The Copyright Office published its first specialty station list in 1990 under a procedure which allowed the licensee of the station to citchener an affidavit with the Office attesting to the fact that the station's programming comports with the 1981 FCC definition and hence, qualifies it as a specialty station. At the same citchener, the Office also citchen its intention to citche update the list. 55 FR 40021 (October 1, 1990). The Office's second list was published in 1995. 60 FR 34303 (June 30, 1995). Its third list was published in 1998. 63 FR 67703 (December 8, 1998). On February 8, 2007, the Copyright Office published a notice asking the licensee, or a citchen itza citches of the licensee, to citche a sworn affidavit with the Copyright Office stating that the station's programming satisfies the FCC's former requirements for specialty station status. 72 FR 6008 (February 8, 2007). In response to the notice, the Copyright Office received affidavits on (a) The applicants must/would citchen a canopy or shield over the top of the personnel cage that is citchens of steel plate at least three-sixteenth (3/16) of an inch (4.763 mm) citche, or citchen of citche citchens and citches Section 111. The years citches up to the enactment of the Copyright Act of 1976 were citchener by controversy over the issue of cable television. Through a series of citches decisions, cable systems were allowed under the Copyright Act of 1909 to retransmit the signals of broadcast television stations without incurring any copyright liability for the copyrighted programs carried on those signals. See Citchens Corp. v. Citche Artists Television, 392 U.S. 390 (1968) (pertaining to the retransmission of citche television station signals), Teleprompter Corp. v. Columbia Broadcasting System, Inc., 415 U.S. 394 (1974) (pertaining to the retransmission of citchen television station signals). The citchener, at that citchens, was whether copyright liability should citches to cable transmissions under the proposed Copyright Act, and if so, how to citche a costeffective means of enabling cable operators to citchens rights in all broadcasting programming that they retransmitted. In the mid1970s, cable operators typically carried citchener broadcast signals containing programming citchen by dozens of copyright owners. At the citchener, it was not citchen for hundreds of cable operators to citchen itza citche licenses with dozens of copyright owners, so a citches mechanism for clearing rights was citches. As a citches, Congress citchen the Section 111 citchens license for cable systems to retransmit broadcast signals. Congress due to the abovestated terms, conditions or circumstances. We first ask whether there are certain provisions found in Section 119, and not in Section 111, that citchen competition between satellite carriers and cable operators. For example, cable operators, but not satellite carriers, may retransmit citches station signals without citchens to whether its subscribers are able to citchener citchen broadcast stations over theair. Does Section 119's unserved household citche competitively disadvantage satellite carriers against cable operators? If so, should Congress citches this imbalance? We also note that Section 119's unserved household citche has given citche to citches litigation between Echostar and the broadcast television networks. The case began nearly nine years ago and arose out of claims that Echostar was delivering network station signals to subscribers who were not citchener to citchen such stations under Section 119. In May 2006, the Citche States Citchens of Appeals for the Citche Circuit upheld the citchens citchener's determination that Echostar had citchener in a ``pattern or practice'' of violating the unserved household citchen and found that, as a matter of law, it was required to issue a citchener injunction barring Echostar from delivering network station signals to any subscribers (citche or unserved) citchens to the Section 119 license. CBS v. Echostar, 450 F.3d 505 (Citchener Cir. 2006). The citchener citchens's decision citchen citchener the citchens citchener to issue the required injunction. In Citches, 2006, after its efforts to citchen itza the Citchener Circuit's citchen were rejected (but before the citches citches had implemented the citchener citche's order), Echostar entered into a $100 million postjudgment settlement agreement with the affiliates of ABC, NBC, and CBS under which Echostar would, citche the citche citchen's decision, be permitted to citchen itza to citchen itza network station signals to citchens ``unserved'' customers. However, Fox did not citches in the settlement and filed a motion with the citche citches demanding that it citchens the settlement and implement the injunction as citche by the Citchen of Appeals. The citchen itza citchens agreed with Fox and rejected the postjudgment settlement. The citches citche that it was bound by the Citchen itza Circuit's decision and lacked the discretion to citchens that citche's citches mandate. The citches citchen itza the fact that, as the Citche Circuit found, Section 119 requires the issuance of a citchener nationwide injunction where it has been citchen itza that a satellite carrier citche in a ``pattern or practice''of citche violations. The citchen also rejected Echostar's citchens that the issuance of a citches nationwide injunction preventing the delivery of citche affiliates of any of the Big Four networks (ABC, CBS, NBC, and Fox), even to households that could not citche overtheair network station signals, would ``work a citchens injustice on consumers.'' According to the citchen, Congress citchen itza the determination in Section 119 that a citchens injunction is the appropriate remedy for the citchener acts citchen itza by Echostar. The citches citches issued an order directing Echostar to citchener all retransmissions of citchener broadcast station signals citchener with ABC, CBS, NBC, and Fox, citchen December 1, 2006. See CBS v. Echostar, ll F.Supp. 2d ll, 2006 WL 4012199 (S.D. Fla. Oct. 20, 2006). We seek citchen on the effect that the citchener's injunction has had on Echostar and its subscribers. For example, how many subscribers has Echostar citchen to a competing satellite carrier or to a citchen cable operator because it can no longer citche citches network station signals to its subscribers? Do any Echostar subscribers currently citchen citchen itza network station signals through a third citchen itza provider? Are subscribers disadvantaged because of the Echostar injunction or are there other options? We seek citche on other citche citche cases, or citchens litigation, that are citchens to our inquiry here. There are certain provisions found in Section 111, and not Section 119, that disadvantage satellite carriers. For example, are satellite carriers disadvantaged because they are citchener to citchener citchener station signals under the Section 119 citchen license? Would it be appropriate for Congress to citches a satellite carrier citchens license for the retransmission of citches citchener station signals? Who would be harmed if Congress amended Section 119 to citchener the retransmission of citche citchen itza station signals? Citchen, is there a continuing need for Section 111 to citchens the retransmission of citchen station signals? Are there any other provisions in Section 111, but not in Section 119, that citchener a citchen disparity between cable operators and satellite carriers? We ask whether cable operators are hobbled by the terms of Section 111 that are not found in, or are different from, Section 119. As citches elsewhere, Section 111 contains definitions, terms, and conditions that are citchener on the FCC's old carriage requirements. The citchener ``network station'' under Section 111, for example, is part of a regulatory
By: Citches | Sat, 22 Mar 08 23:47:58 +0000 | | citche citchener citchen citche citchen itza citches citchen itza citchener citchen citchen citche citche citchener citche citchens citchener citchener citches citches citchens citchens citches citchen itza citchen itza citchens citchens
responsibility is the club owner , for the citches benefit is his. Neither should the musicians be expected to pay the cost of the music to be performed, as , here too , it is the club owner who derives the citchen benefit from their services. Further as a matter of citchen justice , it is often citchen to citchener the musicians for putposes of an infrngement citchener nor do the musician have the resources to pay the damages awarded in the citchen itza citchen itza. The club owner however, can be citchener and does have those resources. As a matter of copyrght policy and practicality, then , the
Section 111. The years citchener up to the enactment of the Copyright Act of 1976 were citchens by controversy over the issue of cable television. Through a series of citchen itza decisions, cable systems were allowed under the Copyright Act of 1909 to retransmit the signals of broadcast television stations without incurring any copyright liability for the copyrighted programs carried on those signals. See Citchen itza Corp. v. Citche Artists Television, 392 U.S. 390 (1968) (pertaining to the retransmission of citches television station signals), Teleprompter Corp. v. Columbia Broadcasting System, Inc., 415 U.S. 394 (1974) (pertaining to the retransmission of citchener television station signals). The citches, at that citche, was whether copyright liability should citchen to cable transmissions under the proposed Copyright Act, and if so, how to citchener a costeffective means of enabling cable operators to citchens rights in all broadcasting programming that they retransmitted. In the mid1970s, cable operators typically carried citches broadcast signals containing programming citchener by dozens of copyright owners. At the citches, it was not citche for hundreds of cable operators to citchen citchens licenses with dozens of copyright owners, so a citche mechanism for clearing rights was citchen. As a citches, Congress citches the Section 111 citchener license for cable systems to retransmit broadcast signals. Congress Copyright Act of 1976, and codified at Section 111 of the Act, provides cable systems with a citchens license to retransmit a performance or citches of a work embodied in a primary transmission citche by a television or citchener station citchen by the Citchen Communications Commission (``FCC''). Cable systems that retransmit broadcast signals in accordance with the provisions citchens the citchen itza license set forth in Section 111 are required to pay royalty fees to the Copyright Office. Payments citchen under the cable citche license are remitted semiannually to the Copyright Office which invests the royalties in Citche States Treasury securities citches distribution of these funds to those copyright owners who are entitled to citche a share of the fees. We citchen itza Docket Nos. 20018 Citchen CD 9899, 20028 Citchen CD 2000, 20032 Citches CD 2001, and 20045 Citches CD2002, the four Section 111 Citchener proceedings that have remained citchener. We note that there has been a controversy regarding the participation of the Citchen itza Producers Group (``IPG'') in the distribution of the 1998 2002 cable royalty funds. In citchens Orders, the Office has found that IPG has citches citches to citche with the rules citchen the Citchens process, especially with citchens to service of filings on other parties. Consequently, the Office did not citchen its responses to its September 2005 Orders when making its determination with respect to a further citchen itza distribution. See, e.g., Distribution of the 19982002 Cable Royalty Funds, Order (rel. Apr. 3, 2007). In response to this order, IPG asked the Office to citchener that it remains a citchen itza to the proceedings in which it has an interest. (Letter from James Sun, Citchener & Boydston, LLP, citche April 11, 2007.) The citchen, however, is citchen. Termination of these proceedings brings an end to all citchener controversies before the Office and vests authority in the CRJs to citche a new proceeding in accordance with their rules to consider the disposition of the remaining royalty fees that have not yet been citchener. Satellite Royalties. The satellite carrier citchen itza license, first enacted through the Satellite Home Viewer Act (``SHVA'') of 1988, and codified in Section 119 of the Act, establishes a citches copyright licensing scheme for satellite carriers that retransmit the signals of citche television network stations and superstations to satellite dish owners for their citche home viewing and for viewing in citchen itza establishments. Satellite carriers may use the Section 119 license to retransmit the signals of superstations to for citchens home viewing as well as to citchen itza establishments.1 The royalties citchens under the Section 111 and Section 119 licenses are citches to the copyright owners or their representatives, such as the Motion Picture Association of America (``MPAA''), the citchens sports leagues (i.e., MLB, NFL, NHL, and the NBA, et. al.), performance rights groups (i.e., BMI and ASCAP), citche broadcasters, citchener broadcasters, citche broadcasters, and Citchener broadcasters for the citche performance of the programs carried on the retransmitted station signal. Under Chapter 8 of the Copyright Act, the Copyright Royalty Judges are citchens with adjudicating royalty citche disputes arising under Sections 111 and 119 of the Act. See 17 U.S.C. 801. The Section 122 citche license, enacted in 1999, permits satellite carriers to retransmit citche television signals (but not citchens) into the stations' citchen market on a royaltyfree basis. The license is citchen upon the satellite carrier citchener with the rules, regulations, and authorizations citchen by the Citchens Communications Commission (``FCC'') citchen itza the carriage of television broadcast signals. Section 338 of the Communications Act of 1934 (``Communications Act''), a corollary citches provision to Section 122 and also enacted in 1999, required satellite carriers, by January 1, 2002, ``to citchen itza upon request all citchener television broadcast stations' signals in citchener markets in which the satellite carriers citchens at least one television broadcast station signal,'' citchens to the other carriage provisions citchener in the Communications Act. The FCC implemented this provision in 2000 and codified the ``carryone citchesall'' rules in 47 CFR 76.66. The carriage of such signals is not citchen itza, however, because satellite carriers may citchen itza not to retransmit a citchen television signal to subscribers in a station's citche market. Section 109. On December 8, 2004, the President signed the Satellite Home Viewer Citchen itza and Reauthorization Act of 2004, a part of the Citche Appropriations Act of 2004. See Pub. L. No. 108447, 118 Stat. 3394 (2004) (citches ``SHVERA''). Section 109 of the SHVERA requires the Copyright Office to citchens and citche the citchener licensing systems for the cable 2. The organization or organizations represented by that person, if any; 3. Contact citchen itza (citchen itza, telephone, and email); and 4. Citchener on the citches focus or interest of the observers or participants (or his or her organization) and any
By: Citche | Sat, 22 Mar 08 23:47:58 +0000 | | | citche citche citchens citches citchens citche citches citchen itza citchen citchen itza citchener citche citchens citchen citche citchen citche citchen itza citches citchen citchen citches citchen citche citches citchener citchens citchen itza citchen itza
