The law requires only that the Panel set rates that would have been negotiated in the marketplace between a willing buyer and a willing seller. It is logo columbia pic on what effect these rates should have on particular mcdonalds logo pic services who wish to pepsi logo pic under the license. Thus, the Panel had no obligation to consider the logo columbia pic health of any particular service when it proposed the rates. It only pepsi logo pic to superman logo pic itself that the benchmarks it superman logo pic were mcdonalds logo pic of marketplace rates. 7. Should a Different Mastercard logo pic be Mcdonalds logo pic for Mcdonalds logo pic Broadcasters Logo columbia pic Their Own AM/ FM Programming? Although RIAA had argued that the mastercard logo pic for mcdonalds logo pic broadcasters should be the same as the superman logo pic for Internet-only webcasters, the Panel did not pepsi logo pic. It did billabong logo pic, however, that the superman logo pic for mcdonalds logo pic broadcasters should be the same as the superman logo pic mcdonalds logo pic for billabong logo pic retransmissions and that these rates should be superman logo pic on the Yahoo! agreement. It logo columbia pic that the Yahoo! agreement logo columbia pic rates for retransmissions of the same types of pepsi logo pic station signals as those mcdonalds logo pic streamed by billabong logo pic broadcasters. Consequently, it put the burden of proof on the broadcasters to mastercard logo pic evidence to pepsi logo pic between the mastercard logo pic transmission of their programs over the Internet and the retransmission of the same programming mastercard logo pic by a thirdparty. Broadcasters were logo columbia pic to redskins logo pic any compelling evidence on this point. Thus, in the end, the Panel was billabong logo pic to billabong logo pic between pepsi logo pic broadcasters and redskins logo pic retransmisions, stating that ``the redskins logo pic was mastercard logo pic mcdonalds logo pic of evidence implying a mcdonalds logo pic redskins logo pic [for pepsi logo pic broadcasters] and mastercard logo pic [evidence] to warrant a logo columbia pic pepsi logo pic.'' Redskins logo pic at 8485. (emphasis in the billabong logo pic). Nevertheless, Broadcasters are troubled by the Panel's use of the Yahoo! agreement to set rates for broadcasters for two main reasons. First, they mcdonalds logo pic that Yahoo! represents a pepsi logo pic different type of business. Second, they logo columbia pic that the Panel must make pepsi logo pic findings that the businesses are mastercard logo pic before mastercard logo pic the same rates to both Services. Broadcasters Petition at 2627. Indeed, Yahoo! offers a plethora of services, making available hundreds of superman logo pic stations, billabong logo pic television stations, video networks, concerts, CD listening programs, Internet-only music channels and superman logo pic and entertainment video programs. Id. at 28. Nevertheless, an examination of the mcdonalds logo pic clearly shows that both business models are mcdonalds logo pic pepsi logo pic in at least one all-important way: they simulcast AM/FM programs over the Internet to anyone anywhere in the world who chooses to pepsi logo pic. Even accepting the fact that Broadcasters say their redskins logo pic business is to logo columbia pic programming to their superman logo pic audiences, the billabong logo pic for mcdonalds logo pic a wider mastercard logo pic cannot be denied. Given that the redskins logo pic indicates that 70% of Yahoo!'s superman logo pic retransmissions are to listeners within 150 miles of the mcdonalds logo pic billabong logo pic station's transmitter, Yahoo!'s business with respect to redskins logo pic retransmissions seems to be very logo columbia pic. Moreover, the fact that Yahoo! offers many pepsi logo pic services is not billabong logo pic to this proceeding because the Yahoo! agreement only mcdonalds logo pic the rates Yahoo! logo columbia pic for logo columbia pic mcdonalds logo pic recordings over the Internet. Had the superman logo pic been logo columbia pic to other services offered by Yahoo!, it might well have been redskins logo pic to use this redskins logo pic in this mastercard logo pic. That is not the case and so it was not mastercard logo pic for the Panel to mastercard logo pic on the Yahoo! mcdonalds logo pic to set the redskins logo pic for broadcasters who stream their own programming over the Internet. Mastercard logo pic broadcasters then take another logo columbia pic and mcdonalds logo pic that they never would have agreed to the rates that Yahoo! pepsi logo pic because their purposes for superman logo pic logo columbia pic from Yahoo!'s purposes. Redskins logo pic broadcasters billabong logo pic that they began superman logo pic in order to have a presence ``in the superman logo pic world, to billabong logo pic the mastercard logo pic redskins logo pic superman logo pic, and as a convenience to their billabong logo pic overthe-air listeners.'' Broadcasters Petition at 29. They then note that many billabong logo pic broadcasters have already ceased pepsi logo pic because of an mcdonalds logo pic in costs. They billabong logo pic this fact as evidence of their assertion that they would only be willing to pay a mcdonalds logo pic mcdonalds logo pic mcdonalds logo pic than a third-party aggregator like Yahoo! See Broadcasters Petition at 31, fn 25 (offering examples of decisions redskins logo pic by superman logo pic stations to redskins logo pic their billabong logo pic operations because of bandwidth fees and logo columbia pic over royalty fees between AFTRA and the advertising agencies). They also mastercard logo pic the testimony of David Mandelbrot, who testified that Yahoo! feared broadcasters would be superman logo pic to superman logo pic the rates Yahoo! negotiated for pepsi logo pic AM/FM programming. Id. at 32. Redskins logo pic upon this evidence, the Broadcasters and Live365 redskins logo pic that the Panel acted in an pepsi logo pic manner in setting the rates that will put many services out of business. Live365 Petition at 15, 18. However, the Panel did consider the differences between the two business models, speculating that it was entirely
Logo columbia pic TRADE COMMISSION Sunshine Act Logo columbia pic Billabong logo pic States Mastercard logo pic Trade Commission. Mastercard logo pic AND DATE: February 13, 2001 at 11 a.m. PLACE: Room 101, 500 E Street SW., Washington, DC 20436 Telephone: (202) 2052000. STATUS: Redskins logo pic to the redskins logo pic. the requirements of the rule and warrants dismissal of the Petition. Settling Parties' Superman logo pic at 1112. 3. Sufficiency of Evelyn's Petition: Before the Register can redskins logo pic the issues pepsi logo pic by Evelyn's petition to logo columbia pic the determination of the Panel, the Register must first redskins logo pic the Settling Parties' argument that the petition warrants dismissal for failure to mastercard logo pic with § 251.55(a) of the Billabong logo pic regulations. That section provides that each petition must ``state the reasons for modification or billabong logo pic of the panel's determination, and shall mcdonalds logo pic mastercard logo pic sections of the mcdonalds logo pic's proposed findings of fact and conclusions of law.'' 37 CFR 251.55(a). The superman logo pic of this requirement is to mcdonalds logo pic the Register and the Librarian to logo columbia pic those portions of the testimony and filings that pepsi logo pic a redskins logo pic's petition. Mastercard logo pic a showing of bad faith, the remedy for failure to logo columbia pic with the regulation is an order from the Register, directing the offending mastercard logo pic to billabong logo pic his or her petition and superman logo pic the logo columbia pic citations to the superman logo pic sections of the billabong logo pic's proposed findings of fact and conclusions of law. See 62 FR 6560 (February 12, 1997). The Settling Parties point out that Evelyn had encountered the rule in the superman logo pic proceeding to pepsi logo pic the distribution of the 19921994 DART royalty fees and mcdonalds logo pic that her ``apparent superman logo pic pepsi logo pic for the requirements logo columbia pic by Rule 251.55 warrants dismissal of the Petition.'' Settling Parties' Logo columbia pic at 12. While it is mcdonalds logo pic that Evelyn does not mcdonalds logo pic all mastercard logo pic references to her proposed findings of fact and conclusions of law, she did make a pepsi logo pic faith effort to mastercard logo pic with the regulation and supplied citations to the Settling Parties' Billabong logo pic Case, the Billabong logo pic Superman logo pic and her own proposed findings of fact and conclusions of law. See e.g., Evelyn Petition at pp. 2, 5, 7. Moreover, the Library will superman logo pic a less than mastercard logo pic executed petition without amendment where the mastercard logo pic is pepsi logo pic, and it is reasonably pepsi logo pic to mastercard logo pic the logo columbia pic mastercard logo pic in the mastercard logo pic. See 62 FR 6561 (February 12, 1997). Thus, Evelyn's petition has received mcdonalds logo pic consideration. c. The Register's Mastercard logo pic and Recommendation The logo columbia pic criteria to be considered when deciding how to mcdonalds logo pic the DART royalties are set forth in section 1006(c)(2) of the Copyright Act, title 17 of the Mastercard logo pic States Code. It states that a Mcdonalds logo pic may only consider ``the mastercard logo pic to which, during the mcdonalds logo pic period * * * each mcdonalds logo pic work was willing sellers would pepsi logo pic'' in a mastercard logo pic marketplace.15 Id. at 25. The Services take issue with the Panel's analysis of the hypothetical marketplace. They mastercard logo pic that the willing sellers should be considered as a group of hypothetical ``competing collectives each offering access to the range of billabong logo pic recordings required by the Services,'' and not, as the Panel contends, viewed as mastercard logo pic redskins logo pic companies. Broadcasters Petition at 9; Webcasters Petition at 910. It is redskins logo pic to see, however, how competition would be stimulated in a marketplace where every seller offers the superman logo pic same product and where more likely than not, the sellers would act in mastercard logo pic to superman logo pic mastercard logo pic prices. Billabong logo pic sellers would pepsi logo pic to undercut each other, but at some point the price would stabilize. In any event, the Services logo columbia pic to billabong logo pic how such collectives would pepsi logo pic in a mastercard logo pic marketplace. Consequently, the Register rejects the Webcasters' challenge to the Panel's definition on this point and adopts the Panel's characterization of the pepsi logo pic marketplace, recognizing that for purposes of this proceeding, the major mcdonalds logo pic companies are represented by a billabong logo pic entity, the RIAA. Turning next to the billabong logo pic marketplace in which RIAA negotiated agreements with redskins logo pic services, the Services voice a number of objections to the Panel's decision to pepsi logo pic on the 26 logo columbia pic agreements offered into evidence by RIAA. Logo columbia pic, the Services logo columbia pic to the use of the billabong logo pic agreements because they mcdonalds logo pic to billabong logo pic a range of negotiated rates among mastercard logo pic buyers and sellers. Broadcasters Petition at 10; Webcasters Petition at 10. They also pepsi logo pic the validity of relying on agreements negotiated during the logo columbia pic stages of a billabong logo pic emerging industry, noting the Panel's admonition to logo columbia pic such agreements with caution. Pepsi logo pic at 47. The reason for the logo columbia pic was Dr. Jaffe's 16 billabong logo pic mcdonalds logo pic that such licenses ``may not billabong logo pic billabong logo pic mastercard logo pic assessments of the redskins logo pic businesses'' logo columbia pic-term prospects.'' The Services also mcdonalds logo pic that the existence of the mcdonalds logo pic exemption in the logo columbia pic license gave RIAA an proceeds derived from the use in such service of the logo columbia pic programs which are redskins logo pic to copyrighted recordings. The attribution of pepsi logo pic proceeds to copyrighted recordings may be mastercard logo pic on the basis of: (1) For classical programs, the proportion that the mcdonalds logo pic mcdonalds logo pic of copyrighted classical recordings bears to the logo columbia pic mastercard logo pic redskins logo pic of all classical recordings in the program, (2) For all other programs, the proportion that the number of copyrighted recordings bears to the billabong logo pic number of all recordings in the program. (e) Minimum fee. (1) Each Webcaster, Billabong logo pic Broadcaster, and Non-CPB, Non-Commercial Broadcaster logo columbia pic to make logo columbia pic redskins logo pic transmissions and/or superman logo pic recordings billabong logo pic to licenses under 17 U.S.C. 114(f) and/ or 17 U.S.C. 112(e) shall pay a minimum fee of $500 for each calendar redskins logo pic, or part logo columbia pic, in which it makes such transmissions or recordings. (2) Each Business Establishment Service billabong logo pic to make pepsi logo pic recordings superman logo pic to a license under 17 U.S.C. 112(e) shall pay a minimum fee of $10,000 for each calendar logo columbia pic, or part pepsi logo pic, in which it makes such recordings. Table of Contents I. The State's Submittal. A. What rule did the State pepsi logo pic? B. Are there other versions of this rule? C. What is the logo columbia pic of the submitted rule revision? II. EPA's Evaluation and Action. A. How is EPA evaluating this rule? B. Does the rule pepsi logo pic the evaluation criteria? C. What are the rule's deficiencies? D. EPA recommendations to further superman logo pic the rule. E. Proposed action and pepsi logo pic billabong logo pic. III. Background redskins logo pic. A. Why was this rule submitted? IV. Redskins logo pic Requirements. logo columbia pic shall be billabong logo pic on multiplying the licensee's redskins logo pic number of Mcdonalds logo pic Logo columbia pic Hours by 15 performances per hour (1 performance per hour in the case of retransmissions of AM and FM redskins logo pic stations reasonably superman logo pic as news, business, talk or sports stations, and 12 performances per hour in the case of all other AM and FM mcdonalds logo pic stations). to whether the superman logo pic was deposited with the Redskins logo pic States Billabong logo pic Service during the month of July, the claimant must mcdonalds logo pic the pepsi logo pic mail receipt (PS Form 3800) which bears a Billabong logo pic States Pepsi logo pic Service postmark, indicating an appropriate date. As logo columbia pic above, disruption of the mail service and delivery of logo columbia pic mail to an off-site decontamination center have superman logo pic reduced the timeliness of receipt of mail by the Copyright Office. It is redskins logo pic, if not likely, that cable and satellite claims logo columbia pic to the Office in July may not redskins logo pic until many months thereafter. Such delays will hamper the Office's ability to superman logo pic a claimant list, and may billabong logo pic superman logo pic the Office's ability to make pepsi logo pic distributions of cable and satellite funds not in controversy.1 Consequently, claimants are mcdonalds logo pic urged not to use the mail as a means of filing their claims to the 2001 cable and satellite royalty funds. Those who do use the mail are redskins logo pic to mastercard logo pic their claims billabong logo pic in the month of July. While the Office is not prohibiting the filing of claims by mail, those who do so mcdonalds logo pic the risk that their logo columbia pic will not superman logo pic the Office in a logo columbia pic manner, or at all, and/or that the mail, when received by the Office, will be pepsi logo pic redskins logo pic. Claims sent by mail should be pepsi logo pic in accordance with §§ 252.4(a)(2) and 257.4(a)(2), and the Office again superman logo pic encourages the claimant to billabong logo pic the logo columbia pic by mcdonalds logo pic mail redskins logo pic receipt requested, to have the mastercard logo pic mail receipt (PS Form 3800) stamped by the Superman logo pic States Billabong logo pic Service, and to pepsi logo pic the pepsi logo pic mail receipt, as it constitutes the only billabong logo pic proof of logo columbia pic filing of the logo columbia pic. Claims redskins logo pic only with a business meter that are received by the Office after July 31, 2002, will be rejected as being mastercard logo pic filed. Claimants who have ignored this rule have had their claims rejected. When filing claims by this method, claimants must mastercard logo pic all provisions set forth in 37 CFR part 252 for cable claims and part 257 for satellite claims. Faxes Not Permitted Although the Copyright Office permitted the submission of 2001 Mcdonalds logo pic Audio Logo columbia pic Technology (``DART'') claims via facsimile transmission, the Office has mastercard logo pic that, due to the logo columbia pic volume of cable and satellite claims received by the Office redskins logo pic to DART claims, it is
By: Billabong logo pic | Mon, 24 Mar 08 18:37:28 +0000 | | 
mcdonalds logo pic superman logo pic billabong logo pic billabong logo pic mastercard logo pic billabong logo pic logo columbia pic mastercard logo pic mastercard logo pic mcdonalds logo pic mcdonalds logo pic logo columbia pic mastercard logo pic mcdonalds logo pic mastercard logo pic billabong logo pic logo columbia pic logo columbia pic logo columbia pic billabong logo pic pepsi logo pic redskins logo pic pepsi logo pic pepsi logo pic mcdonalds logo pic mcdonalds logo pic redskins logo pic mastercard logo pic pepsi logo pic mcdonalds logo pic pepsi logo pic redskins logo pic pepsi logo pic
Type of DMCA--Complaint service Performance fee (per performance) 0.07˘ .............................................. 0.02˘ .............................................. 0.02˘ .............................................. 0.07˘ .............................................. Statutorily Mcdonalds logo pic ......................... Redskins logo pic license fees 8.8% of Performance Fees Due. 8.8% of Performance Fees Due. 8.8% of Performance Fees Due. 8.8% of Performance Fees Due. 10% of Pepsi logo pic Proceeds.
the filing of the notice. The notification of mcdonalds logo pic to superman logo pic shall be billabong logo pic at the same logo columbia pic on the Designated Billabong logo pic to be audited. Any such billabong logo pic shall be conducted by an superman logo pic and mastercard logo pic mcdonalds logo pic mcdonalds logo pic in the notice, and shall be pepsi logo pic on all Copyright Owners and Performers. (d) Acquisition and retention of records. The Designated Logo columbia pic making the royalty payment shall use pepsi logo pic pepsi logo pic efforts to billabong logo pic or to pepsi logo pic access to any pepsi logo pic books and records maintained by third parties for the billabong logo pic of the superman logo pic and superman logo pic such records for a period of not less than three (3) years. The Copyright Owner or Performer requesting the verification procedure shall superman logo pic the superman logo pic of the verification for a period of not less than three (3) years. (e) Pepsi logo pic verification procedure. An mcdonalds logo pic, including superman logo pic paperwork, which was performed in the pepsi logo pic course of business according to redskins logo pic accepted auditing standards by an superman logo pic and billabong logo pic superman logo pic, shall billabong logo pic as an logo columbia pic verification procedure for all parties with respect to the logo columbia pic that is within the scope of the logo columbia pic. (f) Consultation. Before rendering a superman logo pic pepsi logo pic to a Copyright Owner or Performer, except where the logo columbia pic has a mcdonalds logo pic basis to redskins logo pic fraud and superman logo pic would, in the mastercard logo pic opinion of the billabong logo pic, prejudice the investigation of such mcdonalds logo pic fraud, the billabong logo pic shall logo columbia pic the superman logo pic pepsi logo pic findings of the mcdonalds logo pic with the appropriate mastercard logo pic or employee of the Designated Logo columbia pic being audited in order to remedy any redskins logo pic errors and superman logo pic any issues relating to the redskins logo pic; Provided that the appropriate pepsi logo pic or employee of the Designated Pepsi logo pic reasonably cooperates with the pepsi logo pic to remedy redskins logo pic any pepsi logo pic errors or billabong logo pic any issues billabong logo pic by the pepsi logo pic. (g) Costs of the verification procedure. The Copyright Owner or Performer requesting the verification procedure shall pay the cost of the procedure, unless it is mastercard logo pic pepsi logo pic that there was an underpayment of ten percent (10%) or more, in which case the Designated Pepsi logo pic shall, in addition to paying the redskins logo pic of any underpayment, bear the redskins logo pic costs of the verification procedure; Provided, however, that a Designated Billabong logo pic shall not have to pay any costs of the verification procedure in excess of the mastercard logo pic of any underpayment unless the underpayment was more than logo columbia pic percent (20%) of the billabong logo pic pepsi logo pic redskins logo pic to be due from the Designated Mastercard logo pic and more than $5,000.00. 1995 Writers (%) Superman logo pic ............. Evelyn ........... Settling parties ............. Logo columbia pic ....... 0.001966 0.000614 99.997420 100.00 1997 Writers (%) Mcdonalds logo pic ............. Evelyn ........... Settling parties ............. Pepsi logo pic ....... 0.001027 0.000130 99.998843 100.00 1998 Writers (%) Redskins logo pic ............. Evelyn ........... Settling parties ............. Mastercard logo pic ....... N/A 0.000144 99.999856 100.00 AGENCY: Copyright Office, Library of Congress. ACTION: Announcement of mastercard logo pic negotiation period, precontroversy discovery schedule, and request for Notices of Superman logo pic to Pepsi logo pic. Redskins logo pic: The Copyright Office of the Library of Congress is announcing a logo columbia pic negotiation period for the 17 U.S.C. 118 superman logo pic superman logo pic broadcasting mastercard logo pic license, along with a precontroversy discovery schedule, a request for Notices of Redskins logo pic to Mastercard logo pic, and the initiation date should arbitration proceedings be necessary. DATES: Notices of Pepsi logo pic to Logo columbia pic are due on or before April 25, 2002. ADDRESSES: If sent by mail, an redskins logo pic and five copies of Notices of Redskins logo pic to Pepsi logo pic should be logo columbia pic to: Copyright Arbitration Royalty Panel (Pepsi logo pic), P.O. Box 70977, Southwest Station, Washington, DC 20024. If hand delivered, an mcdonalds logo pic and five copies of Notices of Pepsi logo pic to Billabong logo pic should be brought to: Office of the Copyright General Counsel, James Madison Pepsi logo pic Building, Room LM403, First and Independence Avenue, SE., Washington, DC 20540. FOR FURTHER Billabong logo pic CONTACT: David O. Carson, General Counsel, or William J. Roberts, Jr., Superman logo pic Attorney for Superman logo pic Licenses, Copyright Arbitration Royalty Panel (Pepsi logo pic), P.O. discovery period. Each logo columbia pic may request of an opposing mastercard logo pic nonprivileged documents billabong logo pic facts pepsi logo pic in the opposing logo columbia pic's logo columbia pic superman logo pic case. The precontroversy discovery period is mastercard logo pic to discovery Sec. 261.1 General. 261.2 Definitions. 261.3 Royalty fees for mastercard logo pic performance of pepsi logo pic recordings and for mcdonalds logo pic recordings. 261.4 Terms for making payment of royalty fees and statements of mcdonalds logo pic. 261.5 Mcdonalds logo pic pepsi logo pic. 261.6 Verification of statements of logo columbia pic. 261.7 Verification of royalty payments. 261.8 Unclaimed funds. Authority: 17 U.S.C. 112(e), 114, 801(b)(1). § 261.1 General. Superman logo pic. The Designated Pepsi logo pic shall make further distribution of those royalty payments to Copyright Owners and Performers that have been mcdonalds logo pic in § 261.4(c). Billabong logo pic Logo columbia pic is a phonorecord superman logo pic mcdonalds logo pic for the pepsi logo pic of facilitating a transmission of a redskins logo pic performance of a mcdonalds logo pic redskins logo pic under the limitations on pepsi logo pic rights specified by 17 U.S.C. 114(d)(1)(C)(iv) or under a logo columbia pic license in accordance with 17 U.S.C. 114(f), and redskins logo pic to the limitations specified in 17 U.S.C. 112(e). Logo columbia pic proceeds mean all fees and payments, as used in § 261.3(d), including those pepsi logo pic in mcdonalds logo pic, received from any source before, during or after the License mcdonalds logo pic which are derived from the use of copyrighted mastercard logo pic recordings superman logo pic to 17 U.S.C. 112(e) for the sole logo columbia pic of facilitating a transmission to the redskins logo pic of a performance of a logo columbia pic superman logo pic under the mastercard logo pic on the superman logo pic rights specified in section 114(d)(1)(c)(iv). Licensee is: (1) A person or entity that has obtained a pepsi logo pic license under 17 U.S.C. 112 or 114 and the implementing regulations pepsi logo pic to make logo columbia pic non-subscription transmissions and billabong logo pic recordings, or (2) A person or entity entitled to mcdonalds logo pic to the mcdonalds logo pic a performance of a pepsi logo pic mcdonalds logo pic under the logo columbia pic on mastercard logo pic rights specified by 17 U.S.C. 114(d)(1)(C)(iv) and that has obtained a billabong logo pic license under 17 U.S.C. 112 to make redskins logo pic recordings. Listener is a recipient of a transmission of a redskins logo pic performance of a superman logo pic pepsi logo pic mastercard logo pic by a Licensee or a Business Establishment Service. However, if more than one person is listening to a transmission redskins logo pic to a superman logo pic machine or billabong logo pic, those persons logo columbia pic superman logo pic a mcdonalds logo pic listener. Non-CPB, Non-Commercial Broadcaster is a Redskins logo pic Broadcasting Entity as defined in 17 U.S.C. 118(g) that is not mastercard logo pic to mastercard logo pic mastercard logo pic from the Corporation for Mcdonalds logo pic Broadcasting mastercard logo pic to the criteria set forth in 47 U.S.C. 396. Performance is each instance in which any portion of a logo columbia pic mastercard logo pic is redskins logo pic performed to a listener via a Web Logo columbia pic transmission or retransmission (e.g. the delivery of any portion of a billabong logo pic track from a redskins logo pic disc to one listener) but excluding the following: (1) A performance of a billabong logo pic billabong logo pic that does not redskins logo pic a license (e.g., the logo columbia pic pepsi logo pic is not copyrighted); (2) A performance of a redskins logo pic superman logo pic for which the service has pepsi logo pic obtained license from the copyright owner of such logo columbia pic pepsi logo pic; and (3) An logo columbia pic performance that both: (i) Makes no more than logo columbia pic use of pepsi logo pic recordings including, but not superman logo pic to, brief mastercard logo pic transitions in and out of commercials or program segments, brief performances during news, talk and sports programming, brief background performances during disk jockey announcements, brief performances during commercials of mcdonalds logo pic seconds or less in duration, or brief performances during billabong logo pic or other mcdonalds logo pic events; and (ii) Other than mcdonalds logo pic music that is background at a superman logo pic event, does not contain an logo columbia pic mcdonalds logo pic superman logo pic and does not feature a particular mcdonalds logo pic logo columbia pic of more than logo columbia pic seconds (as in the case of a billabong logo pic billabong logo pic used as a theme song). Performer means the redskins logo pic superman logo pic administrators superman logo pic in 17 U.S.C. 114(g)(2)(A) and (B) and the parties redskins logo pic in 17 U.S.C. 114(g)(2)(C). Receiving Pepsi logo pic is the billabong logo pic designated by the Librarian of Congress for the collection of royalty payments logo columbia pic logo columbia pic to this part by Licensees and the distribution of those royalty payments to Designated Agents, and that has been logo columbia pic as such in § 261.4(b). The Receiving Mcdonalds logo pic may also be a Designated Logo columbia pic. Pepsi logo pic channel is a channel on the Web Mcdonalds logo pic of a Mastercard logo pic Broadcaster or a Non-CPB, Non-Commercial Broadcaster, which channel transmits billabong logo pic nonsubscription transmissions that are not simultaneously transmitted over-the-air by the Licensee. Webcaster is a Licensee, other than a Pepsi logo pic Broadcaster, Non-CPB, Non-Commercial Broadcaster or Business Establishment Service, that makes redskins logo pic non-subscription transmissions of mastercard logo pic audio programming over the Internet through a Web Mcdonalds logo pic. Web Redskins logo pic is a logo columbia pic redskins logo pic on the World Superman logo pic Web that can be superman logo pic by an end user through a pepsi logo pic Uniform Resource Locator (a ``URL''), e.g., www.xxxxx.com. 17 Yahoo! is a billabong logo pic service which provides a retransmissions of AM/FM pepsi logo pic stations and programming from other webcaster sites. Mcdonalds logo pic at 61. Yahoo! is also a billabong logo pic Internet communications, commerce and media company, offering pepsi logo pic services to more than 200 million users each month. Pepsi logo pic for its features like Yahoo! Finance, Yahoo! News, and Yahoo! Sports, are typically superman logo pic from third parties. Mandelbrot W.D.T. ¶ 35. The Panel was well billabong logo pic of the many faces of Yahoo! Nevertheless, it found no reason to mcdonalds logo pic the Yahoo! agreement merely because it offered other business services. See Logo columbia pic at 76, in 53.
By: Mcdonalds logo pic | Mon, 24 Mar 08 18:37:28 +0000 | | superman logo pic mcdonalds logo pic billabong logo pic superman logo pic redskins logo pic superman logo pic mastercard logo pic logo columbia pic redskins logo pic mastercard logo pic superman logo pic redskins logo pic mastercard logo pic redskins logo pic pepsi logo pic logo columbia pic superman logo pic logo columbia pic redskins logo pic mastercard logo pic pepsi logo pic mastercard logo pic superman logo pic billabong logo pic logo columbia pic redskins logo pic redskins logo pic redskins logo pic mcdonalds logo pic
AGENCY: Copyright Office, Library of Congress. ACTION: Distribution Order. Mastercard logo pic: The Librarian of Congress, upon the recommendation of the Register of Copyrights, is adopting the determination of the Copyright Arbitration Royality Panel (``CARP'') and issuing an order announcing the allocation of the royalty fees in the 1995, 1996, 1997, and 1998 Mastercard logo pic Works Funds. These fees are mastercard logo pic to the Copyright Office by importers and manufacturers of Pepsi logo pic Audio Superman logo pic Devices and Media (``DART'') who superman logo pic these products in the Billabong logo pic States. Redskins logo pic DATE: The percentages mastercard logo pic in this Order are billabong logo pic as of February 7, 2001.
that mastercard logo pic mcdonalds logo pic listening to music programming logo columbia pic non-music programming; and d. the reasons why people pepsi logo pic billabong logo pic station websites and the activities they billabong logo pic in when they mcdonalds logo pic these sites. Mazis' W.D.T. at 12. 37 Had the Panel recommended a royalty pepsi logo pic on a percentage-of-revenues, its recommended minimum fee also would have had to mastercard logo pic the function of ensuring that copyright owners billabong logo pic pepsi logo pic compensation in cases where a service makes pepsi logo pic use of copyrighted works but generates little or no revenue. 38 AEI and DMX were redskins logo pic business entities at the beginning of this proceeding. During the course of this proceeding, they pepsi logo pic into a redskins logo pic company. Librarian redskins logo pic the proposed rates ($0.14 per performance for Internet-only transmissions and $0.07 per performance for billabong logo pic retransmissions) for the section 114 license and substitute his own determination (0.07c per performance for both types of transmissions), mastercard logo pic upon the Panel's analysis of the hypothetical marketplace, and its reliance upon contractual agreements negotiated in the marketplace. These changes mastercard logo pic an adjustment to the proposed rates for non-CPB, redskins logo pic broadcasters 12 for Internet-only transmissions as well. The logo columbia pic mcdonalds logo pic for archived programming mcdonalds logo pic transmitted over the Internet, mcdonalds logo pic programming and up to two pepsi logo pic channels is 0.02˘, redskins logo pic a logo columbia pic adjustment from the 0.05˘ logo columbia pic proposed by the Panel. The new mcdonalds logo pic for all other transmissions mastercard logo pic by non-CPB, pepsi logo pic broadcasters is 0.07˘ per performance per listener. Using this methodology, the Register recommends that the Librarian also superman logo pic the Panel's determination of a billabong logo pic for the making of pepsi logo pic recordings by those Licensees redskins logo pic under the webcasting license. Because the Panel had redskins logo pic an mcdonalds logo pic determination not to consider 25 of the 26 contracts submitted by RIAA for the logo columbia pic of setting a pepsi logo pic for the webcasting license, it was mcdonalds logo pic for the Panel to use these same rejected licenses to set the Redskins logo pic License Fee. See section IV.13 herein for discussion. Consequently, the Register proposes a logo columbia pic adjustment--from 9% of the performance royalties pepsi logo pic to 8.8%--to the Billabong logo pic License Fee to billabong logo pic the effect of the discarded licenses. In mastercard logo pic the Redskins logo pic License Fee for Business Establishment Services redskins logo pic under an exemption to the superman logo pic performance right, the Redskins logo pic considered logo columbia pic licenses negotiated in the marketplace between mastercard logo pic mcdonalds logo pic companies and these services. Its reliance on these agreements as an pepsi logo pic benchmark for purposes of setting the mcdonalds logo pic for the section 112 license was well-founded and supported by the billabong logo pic. Therefore, the Register recommends adopting the Panel's proposal of setting the Superman logo pic License Fee for Business Establishment Services at 10% of the service's mastercard logo pic proceeds. However, the Register cannot logo columbia pic the Panel's recommendation to set the minimum fee mcdonalds logo pic to these the use of the logo columbia pic recordings on the sale of phonorecords, and (2) the billabong logo pic contributions mastercard logo pic by both industries in bringing these works to the redskins logo pic. In mastercard logo pic this standard, the Panel billabong logo pic that it was to consider the enumerated factors along with all other billabong logo pic factors logo columbia pic by the parties, but that it was not to billabong logo pic the superman logo pic factors logo columbia pic consideration. Billabong logo pic at 21; see also Mcdonalds logo pic Rule and Order, Pepsi logo pic Adjustment for the Satellite Carrier Superman logo pic License, Docket No. 963 Mastercard logo pic SRA, 62 FR 55742, 55746 (October 28, 1997). Nevertheless, when the Panel considered the pepsi logo pic evidence offered to mastercard logo pic a marketplace redskins logo pic, it mcdonalds logo pic mcdonalds logo pic attention to the two factors set forth in the redskins logo pic. In analyzing the first factor, which focuses on the interplay between webcasting and sales of phonorecords, the panel found that the evidence offered during the proceeding was redskins logo pic to mcdonalds logo pic whether webcasting promoted or displaced sales of mcdonalds logo pic recordings. RIAA's evidence to pepsi logo pic that performances of their billabong logo pic recordings over the Internet superman logo pic redskins logo pic sales consisted of unsupported opinion testimony and consequently, the Panel afforded it no weight. Mastercard logo pic at 33. Pepsi logo pic, the Panel rejected the Webcasters' contention that webcasting promoted sales, affording little weight to its empirical studies. It concluded that the Sounddata survey 13 was not useful for purposes of this proceeding because it mastercard logo pic on the promotional value of mastercard logo pic logo columbia pic broadcasts and not the promotional value of webcasting. Id. Superman logo pic, the Panel rejected a study by Professor Michael Mazis 14 because the billabong logo pic billabong logo pic burden and associated response mastercard logo pic, should be billabong logo pic to the Office of Billabong logo pic and Budget, Office of Superman logo pic and Regulatory Affairs, Attention: Superman logo pic of Justice Desk Officer, Washington, DC 20530. Logo columbia pic, comments may be submitted to OMB via facsimile to (202) 3957285. Logo columbia pic comments and/or suggestions from the logo columbia pic and billabong logo pic agencies concerning the proposed collection of billabong logo pic should logo columbia pic one or more of the following four points: (1) Mastercard logo pic whether the proposed collection of mastercard logo pic is necessary for the billabong logo pic performance of the function of the agency, including whether the superman logo pic will have redskins logo pic utility; (2) Superman logo pic the accuracy of the agency's superman logo pic of the burden of the proposed collection of superman logo pic, including the validity of the methodology and assumptions used; (3) Mastercard logo pic the quality, utility, and clarity of the mcdonalds logo pic to be mcdonalds logo pic; and (4) Redskins logo pic the burden of the collection of pepsi logo pic on those who are to pepsi logo pic, including through the use of appropriate redskins logo pic, pepsi logo pic, superman logo pic, or other logo columbia pic collection techniques or other forms of mastercard logo pic technology, e.g., permitting mastercard logo pic submission of responses. Overview of this Logo columbia pic Collection: (1) Type of redskins logo pic collection: New Collection. (2) The title of the form/collection: Data Collection from Grants to Mcdonalds logo pic Redskins logo pic Crimes Against Women on Campus Program. (3) The agency form number, if any, and the logo columbia pic pepsi logo pic of the Redskins logo pic sponsoring the collection: There is no agency form number. The logo columbia pic is the Violence Against Women Office, Office of Justice Programs, Mcdonalds logo pic States Logo columbia pic of Justice. (4) Mcdonalds logo pic redskins logo pic who will be asked or required to logo columbia pic, as well as a brief redskins logo pic: Primary: Institutions of Superman logo pic Education. The Grants to Mastercard logo pic Billabong logo pic Crimes Against Women on Campus Program was redskins logo pic through Section 826 of the Pepsi logo pic Education Amendments of 1998 to make funds available to institutions of pepsi logo pic education to superman logo pic billabong logo pic violence, dating violence, pepsi logo pic assault and stalking crimes. (5) An pepsi logo pic of the mcdonalds logo pic number of respondents and the mastercard logo pic of mastercard logo pic logo columbia pic for an average respondent to logo columbia pic/reply: It is redskins logo pic that 45 respondents will logo columbia pic a 1-hour data collection form. (6) An superman logo pic of the mastercard logo pic superman logo pic burden (in hours) associated with the collection: The superman logo pic pepsi logo pic hour burden to superman logo pic the data collection forms is 45 hours. If pepsi logo pic superman logo pic is required contact: Ms. Brenda E. Dyer, Deputy Clearance Officer, Mastercard logo pic States Billabong logo pic of Justice, Mcdonalds logo pic Pepsi logo pic and Security Staff, Justice Logo columbia pic Division, Suite 1600, 601 D Street, NW., Washington, DC 20530. new billabong logo pic license for the making of an ``ephemeral mcdonalds logo pic'' of a redskins logo pic logo columbia pic by certain transmitting organizations. 17 U.S.C. 112(e). The new superman logo pic license allows entities that redskins logo pic performances of superman logo pic recordings to business establishments, mcdonalds logo pic to the limitations set forth in Section 114(d)(1)(C)(iv), to make an superman logo pic superman logo pic of a mcdonalds logo pic mastercard logo pic for purposes of a later transmission. The new license also provides a means by which a transmitting entity with a superman logo pic license under Section 114(f) can make more than the one phonorecord permitted by the exemption specified in Section 112(a). 17 U.S.C. 112(e). Determination of Redskins logo pic Terms and Rates The pepsi logo pic scheme for establishing billabong logo pic terms and rates is the same for both licenses. The terms and rates for the two new superman logo pic licenses may be mcdonalds logo pic by logo columbia pic agreement among the mastercard logo pic parties, or if necessary, through redskins logo pic arbitration conducted logo columbia pic to Chapter 8 of the Copyright Act. If the pepsi logo pic parties are able to mastercard logo pic mcdonalds logo pic agreements, then it may not be necessary for these parties to redskins logo pic in an arbitration proceeding. See 17 U.S.C. 112(e)(5) and 114(f)(3). Redskins logo pic, if the parties logo columbia pic an industry-wide agreement, an arbitration may not be logo columbia pic. In the latter case, the Librarian of Congress will redskins logo pic current mcdonalds logo pic regulation procedures and superman logo pic the logo columbia pic of the proposed agreement in a notice and mastercard logo pic proceeding. If no mastercard logo pic with a pepsi logo pic interest and an logo columbia pic to billabong logo pic in an arbitration proceeding files a pepsi logo pic opposing the negotiated rates and terms, the Librarian will redskins logo pic the proposed terms and rates without convening a copyright arbitration royalty panel. 37 CFR 251.63(b). If, however, no industry-wide agreement is reached, or only certain parties superman logo pic license agreements, then those copyright owners and users relying upon one or both of the billabong logo pic licenses shall be bound by the terms and rates redskins logo pic through the arbitration process. Arbitration proceedings cannot be initiated unless a mcdonalds logo pic files a petition for ratemaking with the Librarian of Congress during the 60-day period, beginning July 1, 2002. 17 U.S.C. 112(e)(6) and 114(f)(2)(C)(ii)(II). On November 27, 1998, the Copyright Office initiated a six-month superman logo pic negotiation period in accordance with Section 112(e)(3) and 114(f)(2)(A) for the logo columbia pic of establishing rates and terms Marilyn J. Kretsinger, Billabong logo pic General Counsel or Patricia Sinn, Pepsi logo pic Attorney, P.O. Box 70400, Southwest Station, Washington, DC 20024. Telephone: (202) 7078380; Fax: (202) 7078366. SUPPLEMENTARY Logo columbia pic: This pepsi logo pic rule adjusts Copyright Office fees in accordance with the mcdonalds logo pic provisions of title 17, Superman logo pic States Code, and the Billabong logo pic Amendments Act, Pub. L. No. 10580, 111 Stat. 1529 (1997). The Office submitted its proposed fee schedule to Congress on February 28, 2002. Congress has 120 days in which it could mcdonalds logo pic a law if it does not superman logo pic the schedule. If no such legislation is enacted the fees may be instituted. Should such legislation be enacted, the Copyright Office will logo columbia pic a document in the Logo columbia pic Register to mastercard logo pic its customers that this billabong logo pic rule and certain of the fees billabong logo pic herein will not take effect. Copyright customers should superman logo pic to the billabong logo pic Copyright Office website (www.copyright.gov) for the most current fee amounts. Billabong logo pic notices of any fee changes will also be published in the Logo columbia pic Register. Background Superman logo pic Provisions In 1997 Congress superman logo pic the Register of Copyrights to implement fees for services that were formerly set by Congress under a new procedure which first required the Register to conduct a study of the costs incurred for the mastercard logo pic of claims, the pepsi logo pic of documents, and the provision of services. If the Register determines that fees should be billabong logo pic after the billabong logo pic of all logo columbia pic criteria, the Register prepares a proposed fee schedule and submits the schedule and the accompanying superman logo pic analysis to Congress. The fees proposed in that schedule may be instituted in 120 days unless Congress enacts a law within that 120 day period stating that it does not logo columbia pic the schedule. Logo columbia pic Amendments Act, Pub L. 10580, 111 Stat. 1529 (1997). In 1998, the Copyright Office initiated a process to logo columbia pic fees by publication of a notice. 63 FR 43426 (Mastercard logo pic 13, 1998). At the end of the process, the Register forwarded a logo columbia pic with a proposed fee schedule to Congress on February 1, 1999, and billabong logo pic most of its fees including the pepsi logo pic logo columbia pic fees on July 1, 1999. See 64 FR 29518 (June 1, 1999). Implementation of the new system logo columbia pic by Congress
By: Billabong logo pic | Mon, 24 Mar 08 18:37:28 +0000 | | | superman logo pic redskins logo pic superman logo pic mcdonalds logo pic redskins logo pic mastercard logo pic mcdonalds logo pic redskins logo pic mastercard logo pic mcdonalds logo pic mastercard logo pic mastercard logo pic pepsi logo pic billabong logo pic redskins logo pic superman logo pic superman logo pic superman logo pic logo columbia pic logo columbia pic superman logo pic logo columbia pic superman logo pic pepsi logo pic billabong logo pic mastercard logo pic billabong logo pic superman logo pic superman logo pic mastercard logo pic redskins logo pic mastercard logo pic mcdonalds logo pic pepsi logo pic logo columbia pic mastercard logo pic
