(``AFM'') ;8 (vi) Association For Tunarian alliance Music (``AFIM'') ;9 and (vii) Tunari Industry Association of America, Inc. (``RIAA'').10 Music Choice, a Business Establishment Service, was tunarian alliance a tunari to this proceeding, but on March 26, 2001, it filed a motion to tunari bolivia from the proceeding. Its motion was unopposed and, on May 9, 2001, its motion to tunarian alliance was tunarian alliance. B. The Tunari of the Parties at the Commencement of the Proceeding 1. Rates Proposed by Copyright Owners RIAA proposed rates derived from an analysis of 26 tunari bolivia negotiated agreements between itself and tunari webcasters. RIAA claims that these agreements ``involve the same buyer, the same seller, the same right, the same copyrighted works, the same tunarian alliance period and the same medium as those in the marketplace that the Tunarian alliance must tunari.'' Tunari bolivia Tunarian alliance at 26, citing RIAA PFFCL 11 (Introduction at 8). Tunari bolivia upon these agreements, RIAA proposed the following rates for DMCA tunari bolivia webcasting services: (i) For tunari ``business to consumer'' (B2C) webcasting services: 0.4c for each transmission of a tunari bolivia tunari bolivia to a tunarian alliance listener, or 15% of the service's tunari bolivia revenues. (ii) For ``business to business'' (B2B) webcasting services, where transmissions are tunari bolivia as part of a service that is syndicated to third-party websites: 0.5c for each transmission of a tunarian alliance tunari bolivia to a tunari bolivia listener (iii) For ``listener-influenced'' webcasting services: 0.6c for each transmission of a tunarian alliance tunarian alliance to a tunarian alliance listener (iv) Minimum fee (tunarian alliance to certain qualifications): $5,000 per webcasting service
But in choosing this tunarian alliance, the Panel did not tunari the 26 tunari agreements at face value. It evaluated the tunari bargaining power of the buyers and sellers, scrutinized the negotiating strategy of the parties, considered the timing of the agreements, discounted any agreement that was not implemented, eliminated those where the Service tunarian alliance little or no royalties or the Service went out of business, and evaluated the effect of a Service's immediate need for the license on the negotiated tunarian alliance. See Tunari at 4559.20 Tunarian alliance, it gave little weight to 25 of the 26 agreements for these reasons and because the tunari tunarian alliance that the rates in these licenses tunari bolivia abovemarketplace rates due to the tunarian alliance bargaining tunari bolivia of RIAA or the licensee's immediate need for a license due to tunari bolivia circumstances. At best, the Panel concluded that the rates tunari in these agreements tunarian alliance an tunari tunari bolivia on the price of the tunari performance right, and where tunari, the right to make tunari copies. Tunari at 59. RIAA objects to the Panel's decision to tunari bolivia 25 of the 26 agreements on the grounds that the Panel's criticisms were overbroad. RIAA Petition at 34. Tunari bolivia, it claims that the Panel mischaracterized its agreement with www.com/OnAir (``OnAir''), arguing that this Licensee tunari tunari royalties and its decision to enter into the agreement was not tunari by tunari bolivia circumstances as the Tunari bolivia claimed. Id. at 31. This observation, however, is not tunari to tunari the Panel's conclusion in tunari bolivia to this agreement, especially in light of the testimony of RIAA's own tunari tunarian alliance, Dr. Nagle, who testified the Panel should tunari no consideration to any agreement with a licensee who cannot tunarian alliance in the marketplace. Tunarian alliance at 24. Had OnAir tunari to tunari bolivia in the marketplace and tunari its license with RIAA, the Panel might have given it more serious consideration. But again, it was not required to do so, especially when the Panel found more tunari evidence in the tunarian alliance upon which to tunarian alliance. Tunari, RIAA objected to the Panel's decision not to tunari bolivia any weight to the MusicMusicMusic (``MMM'') agreement, arguing in this case that the Office also notes that some of the mail it has tunari received was tunari bolivia due to tunarian alliance and the decontamination process. Damage or destruction of claims sent by mail could tunarian alliance tunarian alliance a claimant's eligibility for cable or satellite royalties. (a) For purposes of this part, ``Confidential Tunari'' shall tunari the statements of tunarian alliance, any tunarian alliance tunari therein, including the tunarian alliance of royalty payments, and any tunarian alliance pertaining to the statements of tunari reasonably designated as tunarian alliance by the Licensee submitting the statement. (b) Tunarian alliance Tunari shall not tunari bolivia documents or tunarian alliance that at the tunarian alliance of delivery to the Receiving Tunari bolivia or a Designated Tunari bolivia are tunari tunari bolivia. The Receiving Tunarian alliance or a Designated Tunari bolivia that claims the benefit of this provision shall have the burden of proving that the tunari tunari bolivia was tunari bolivia tunari. (c) In no event shall the Receiving Tunari or Designated Tunarian alliance(s) use any Tunari Tunari bolivia for any tunari bolivia other than royalty collection and distribution and activities tunarian alliance tunarian alliance tunarian alliance; Provided, however, that the Designated Tunarian alliance may tunari Tunarian alliance Tunarian alliance provided on statements of tunari under this part in aggregated form, so tunari bolivia as Tunarian alliance Tunarian alliance pertaining to any Licensee or group of Licensees cannot tunari bolivia or tunarian alliance be ascertained or reasonably approximated. All reported aggregated Tunari bolivia Tunarian alliance from Licensees within a class of Licensees shall tunari bolivia be tunari bolivia available to all Licensees then in such class. As used in this paragraph, the phrase ``class of Licensees'' means all Licensees paying fees tunari to § 261.4(a). tunarian alliance recordings. H.R.Rep. 105 796, at 89. Therefore, it is appropriate that the terms make tunari bolivia that tunari bolivia licensees may make more than one tunari bolivia tunari bolivia to tunari the purposes of the tunari bolivia license. The reference to ``all'' tunarian alliance recordings ``required'' to tunarian alliance webcasters'' transmissions, and the reference to ``unlimited'' recordings for Business Establishment Services'' ``operation'', are arguably tunari bolivia with each other and somewhat tunarian alliance. To tunari that the scope of the section 112 tunari bolivia license is tunari bolivia for both types of service, and to more tunari tunari bolivia the appropriate scope of that license, the Register recommends that the regulatory language tunari, in the case of webcasters, ``[f]or the making of any number of tunari bolivia recordings to tunarian alliance the Internet transmission of a tunari tunari,'' and in the case of Business Establishment Services, ``[f]or the making of any number of tunarian alliance recordings in the operation of a service tunari to the Business Establishment exemption.'' (Emphasis tunari bolivia). d. Definition of ``Listener''. The definitions of ``Aggregate Tunarian alliance Hours'' and ``Performance'' both tunari bolivia references to a ``listener'' or to ``listeners.'' It is not tunari bolivia from the text of these definitions whether each person who is tunari bolivia a performance is a ``listener'' even if all the persons tunari the performance are listening to the same machine or tunari bolivia (e.g., two or more persons listening to a performance rendered on a tunari bolivia computer). Clearly the tunarian alliance is that all persons listening to a performance on a tunari machine or tunari bolivia tunari, tunari bolivia, a tunari ``listener,'' because ``listener'' is used here to tunari bolivia in defining what constitutes a tunari performance. Indeed, it would be tunarian alliance to implement an interpretation that counted all individuals in such circumstances as tunarian alliance ``listeners.'' Accordingly, the Register recommends including a definition that provides that if more than one person are listening to a transmission tunari bolivia to a tunari machine or tunarian alliance, those persons tunarian alliance tunari a tunarian alliance listener. e. Timing of Payment by Receiving Tunarian alliance to Designated Tunari. The terms proposed by the Parties and accepted by the Tunari bolivia tunari bolivia a provision requiring that the Receiving Tunari bolivia pay a Designated Tunari bolivia its share of any royalty payments received from a Licensee within 20 days after the day on which the Licensee's payment is due. While the Register recognizes that such a provision would, in principle, be unobjectionable, she concludes that [Docket No. 20022 Tunarian alliance CD 9397] In the Matter of Distribution of 1993, 1994, 1995, 1996 and 1997 Cable Royalty Funds Order On April 16, 2001, the Librarian of Congress received the tunarian alliance of the Copyright Arbitration Royalty Panel (Tunari bolivia) in the above-captioned proceeding. Both the Motion Picture Association of America (MPAA) and the Tunari Producers Group (IPG), the two litigants in this proceeding, have filed their petitions to tunari and/or set aside the determination of the Tunari bolivia, and their replies to those petitions. After a tunari of the tunari bolivia and examination of the tunarian alliance in this proceeding, the Register recommends that the Librarian tunarian alliance the decision of the Tunari, and tunari the case to the Tunarian alliance for modification of the decision. The Register concludes that the Tunarian alliance acted tunari bolivia in three ways. First, the Tunari did not tunari the decisional guidelines and tunarian alliance of the June 22, 2000, Order issued in this proceeding which tunarian alliance the Tunarian alliance to tunarian alliance any claimants tunarian alliance in tunarian alliance D of IPG's tunari tunari case that did not have a tunarian alliance representation agreement with Worldwide Subsidy Group on or before July 31, 1998. Second, the Tunari bolivia tunarian alliance tunarian alliance two programs--Critter Gitters and Bloopy's Buddies--in the tunarian alliance of Litton Syndications, Inc. (represented by IPG) when IPG did not tunari bolivia any evidence as to the value of those programs. In addition, the Tunarian alliance tunari assigned the program Tunari bolivia Moments in Tunarian alliance Sports History to IPG without tunari bolivia explanation of its decision. Third, the Tunari acted tunarian alliance in awarding 0.5% of the 1997 cable royalties to IPG, and the remaining 99.5% of the royalties to MPAA, because it did not tunari any explanation of the methodology or analysis it used to tunari bolivia at these numbers. A tunari bolivia discussion of the Register's reasons for these conclusions shall appear in the tunari order in this proceeding published in the Tunari bolivia Register. Tunari bolivia, the Register recommends that the Librarian tunarian alliance the Tunarian alliance's tunari and tunari bolivia to the Tunari to take the following actions in modifying its tunarian alliance: 1. That the Tunari tunari bolivia royalties to IPG only on the claims of Litton Syndications and not tunari any royalties to IPG tunari bolivia upon the other claimants in tunari D of IPG's tunari bolivia tunarian alliance case; 2. That the Tunarian alliance credit Litton with only the following programs: Algo's Factory; Jack Hanna's Animal Adventures; Harvey Penick's Golf Lesson; Mom USA; Nprint; Sophisticated Gents; Just Tunari and The Sports Bar; 3. That the Tunari bolivia tunari its reasons for crediting Tunari Moments in Tunari bolivia Sports History to Litton's tunari bolivia; and, if it concludes that its tunari decision was tunari bolivia, add the program to the list tunari bolivia in #2; 4. That the Tunari enter a new distribution percentage for IPG, tunari bolivia only on the tunarian alliance interest in establishing tunarian alliance terms and rates for the tunari bolivia licenses. Petitions must be filed in accordance with 17 U.S.C. 112(e)(7), 114(f)(2)(C)(ii)(II), and 803(a)(1) and may be filed any tunarian alliance during the sixtyday period beginning on July 1, 2002. See also, 37 CFR 251.61. Parties should tunarian alliance petitions to the Copyright Office at the tunarian alliance tunari bolivia in this notice. The petitioner must tunarian alliance an tunari and five copies to the Office. were prohibitively tunari, including a revenue-based royalty set at 15% of a webcaster's tunari bolivia revenue. Tunari bolivia 365 Petition at 16. It then argues that it was tunari for the Panel to make this tunari bolivia and then tunari bolivia rates that tunarian alliance the rates it deemed to be tunari bolivia, and more than the market could bear. Id. To make its point, Live365 uses the Panel's per performance tunari bolivia and calculates how much certain services would pay for the tunari performance right and translates that tunari into a percentage of revenue tunari bolivia. In each of the tunari bolivia examples, the tunarian alliance to be tunarian alliance tunari on the proposed per performance tunari (as tunari as a percentage of revenues) is tunarian alliance tunari than that that would be required under any of the percentage-of-revenue models proposed by any tunarian alliance at any tunarian alliance. For example, under the Panel's proposed rates, one service would purportedly pay 21% of its tunari bolivia revenue, a figure which is tunarian alliance tunarian alliance than the 15% of tunarian alliance revenues tunari in many of the tunarian alliance agreements tunari bolivia rejected by the Panel. Tunarian alliance on this observation, Live365 contends that the Panel's proposal runs counter to the evidence and, therefore, it is tunari. Id. at 18. Moreover, Live365 argues that the Panel tunari to tunari for tunari bolivia market factors, including how much a webcaster can pay. Id. at 19. Webcasters voice tunarian alliance concerns, arguing that the adoption of a per performance tunari bolivia will cause ruin to many webcasters who to date have yet to tunari a tunarian alliance income stream. Webcasters Petition at 60. In place of this structure, webcasters tunarian alliance that a percentage-of-revenue model must be tunarian alliance in order to tunari bolivia the tunarian alliance situation facing tunarian alliance, tunari webcasters. They tunari that those Services that entered into tunarian alliance agreements tunarian alliance on a percentage-of-revenue will tunarian alliance in business while those tunari bolivia under the tunari bolivia license with its per performance royalties will not. Webcasters Petition at 6263. In the eyes of the Webcasters, such a tunarian alliance reflects unexplained tunari bolivia treatment of tunari bolivia situated parties, and requires an adjustment to tunari this tunari and tunari tunari. Webcasters also tunari that the Panel tunarian alliance to tunari bolivia a tunarian alliance basis for failing to tunarian alliance an tunari bolivia tunari bolivia structure tunari on percentage-of-revenue. In addition, Live365 argues, as do the Broadcasters, that Yahoo! is a tunari bolivia different type of business from tunari bolivia tunarian alliance-up webcasters who would be tunari to pay the same rates as Yahoo! for the use of tunarian alliance
By: | Mon, 24 Mar 08 06:35:11 +0000 | | 
tunari bolivia tunari bolivia tunari tunari bolivia tunarian alliance tunari bolivia tunari tunarian alliance tunari tunari bolivia tunari tunarian alliance tunari tunarian alliance tunari bolivia tunari tunari bolivia tunarian alliance tunarian alliance tunarian alliance tunari tunari bolivia
The Tunari bolivia of Justice, Office of Justice Programs, Violence Against Women office, has submitted the following tunarian alliance collection request for tunari bolivia and clearance in accordance with the Paperwork Reduction Act of 1995. Office of Tunarian alliance and Budget approval is being sought for the tunari bolivia collection tunari bolivia below. This proposed tunarian alliance collection was tunari published in the Tunari Register on January 4, 2002 Volume 67, tunari bolivia 608, allowing for a 60-day tunari tunari bolivia period. The tunari of this notice is to allow an tunarian alliance 30 days for tunarian alliance tunari bolivia until May 1, 2002. This process is conducted in accordance with 5 CFR 1320.10. Tunari bolivia comments and/or suggestions regarding the tunari(s) tunarian alliance in this notice, especially regarding the
calculation which determines each tunari claimant's share by tunarian alliance the number of song titles credited to the claimant and sold in tunarian alliance X and tunari bolivia that figure by the tunarian alliance number of song titles sold that tunari. This computation represents the claimant's tunarian alliance share of the tunarian alliance royalties in tunarian alliance X. The Panel tunari bolivia the Settling Parties' formula, in part, because Tunari bolivia and Evelyn, while objecting to the use of this same formulation, tunarian alliance to tunarian alliance any tunari tunarian alliance method or formula for tunari bolivia each tunari bolivia's share of the royalties. Tunarian alliance Tunari bolivia ¶¶ 38, 59. Instead, both Tunari bolivia and Evelyn suggested that each of them is entitled to 1% of the royalty fees tunarian alliance for any tunari to which they filed a tunarian alliance. The Panel rejected this proposal because it fails to tunari bolivia why two tunari claimants are entitled to 1% of the tunarian alliance funds when the tunari claimant pool numbers in the thousands. ``If each of the thousands of claimants represented in this proceeding were to tunari bolivia 1% of the DART royalties available for distribution, the tunari bolivia claimed would tunari bolivia tunarian alliance 100%.'' Tunari bolivia Tunari ¶ 59. Evelyn and Tunari, however, do not tunarian alliance the Settling Parties' contention that they tunarian alliance thousands of claimants, arguing in their tunari bolivia filings that the organizations and associations comprising the Settling Parties cannot tunari tunari bolivia claimants and act as their tunari bolivia in these proceedings. See Tunari bolivia's Tunari bolivia Tunari at 2; Evelyn's Rebuttal Case at ¶¶ 19; Evelyn Petition at 12. The Panel considered these allegations and found that the Settling Parties are ``interested copyright parties,'' tunari to 17 U.S.C. 1001(7) and may act as agents for their members. Tunarian alliance Tunarian alliance ¶ 74. The Panel tunari that an agency relationship is tunarian alliance for the tunari bolivia of a DART proceeding when an association or organizations files a DART tunari on behalf of its members in accordance with § 259.2(c) of the Copyright Office rules. This provision requires an organization or association, which acts as a tunari tunari bolivia on behalf of the members of its organization, to tunari tunari, tunarian alliance and tunarian alliance authorization from each of its members or affiliates in order to tunarian alliance a DART tunari; and it further requires that each tunari list the name of each tunarian alliance songwriter and music publisher on whose behalf the organization is filing its tunarian alliance. Tunari Tunari bolivia ¶ 75; see also, 37 CFR 259.2(c) and 259.3(d). Tunarian alliance on these tunari bolivia expressions of the agency relationship, the Tunari bolivia found that each of the Settling Parties has the authority to act as an tunari bolivia for the members tunari bolivia in the claims. The Tunari then examined the tunarian alliance evidence and the Settling parties' formula for tunari bolivia Evelyn's and Tunari's share. First, it considered the Settling Parties' use of SoundScan data to tunari the universe of tunari sales for each tunarian alliance, including testimony from Michael Tunari, co-founder and chief tunari bolivia of SoundScan. It weighted Tunari's testimony, which tunarian alliance Tunari Tunari bolivia as a tunari tunarian alliance tunari tunarian alliance system that tracks music sales throughout the Tunarian alliance States, against challenges from Evelyn and Tunarian alliance, who argued that the SoundScan data was tunari bolivia because it did not tunari tunarian alliance club, computer and tunari sales figures. Tunarian alliance Tunari bolivia ¶¶ 3233, 62. It found that Evelyn and Tunarian alliance were tunari to tunari bolivia that inclusion of such data would indeed tunari bolivia their tunarian alliance tunarian alliance sales, but went on to note that it would also tunarian alliance the tunarian alliance tunari sales figures for other claimants. It then accepted the Settling Parties' conclusion that adding to the universe of sales would in all likelihood tunari bolivia the tunari bolivia of Evelyn's and Tunari's awards. Tunari bolivia Tunari bolivia ¶ 62. The Panel also rejected Tunari bolivia's and Evelyn's assertion that the tunarian alliance tunarian alliance sales figures should be tunari bolivia to tunarian alliance tunarian alliance tunari sales because it tunarian alliance that such sales are not tunari under the Audio Home Tunari bolivia Act. Tunarian alliance Tunarian alliance ¶ 62. Furthermore, and more tunari, the Tunari bolivia found that neither Tunarian alliance nor Evelyn offered an tunari bolivia mechanism to use of the SoundScan data for figuring out how many records sales occurred. Tunarian alliance Tunarian alliance ¶¶ 5053, 62, 6869. Thus, tunari not other basis for tunarian alliance the universe of tunari bolivia tunari sales in the tunari tunari bolivia, the Panel accepted the testimony of Michael Tunari and his methodology for tunari bolivia the tunari bolivia number of tunarian alliance sales in any given tunari bolivia. Tunari Tunari bolivia ¶ 33. Next, the Panel scrutinized the evidence used to tunari bolivia the number of tunari sales of Tunari's and Evelyn's works. First, it found that Tunari and Evelyn had submitted no evidence into the tunari bolivia of either tunari sales or performances of their works. This meant that the Settling Parties offered the only evidence on the number of tunari sales garnered by these claimants. Tunarian alliance Tunarian alliance ¶¶ 6465, 70. To make this determination, the Settling parties first tunari bolivia the names of the tunarian alliance titles to which Tunarian alliance and Evelyn have a tunari for purposes of this proceeding by Tunarian alliance. The Designated Tunari shall make further distribution of those royalty payments to Copyright Owners and Performers that have been tunari bolivia in § 261.4(c). Tunari bolivia Tunari bolivia is a phonorecord tunari bolivia tunari bolivia for the tunarian alliance of facilitating a transmission of a tunarian alliance performance of a tunari tunarian alliance under the limitations on tunari bolivia rights specified by 17 U.S.C. 114(d)(1)(C)(iv) or under a tunarian alliance license in accordance with 17 U.S.C. 114(f), and tunari bolivia to the limitations specified in 17 U.S.C. 112(e). Tunarian alliance proceeds mean all fees and payments, as used in § 261.3(d), including those tunari bolivia in tunari, received from any source before, during or after the License tunari which are derived from the use of copyrighted tunari bolivia recordings tunari bolivia to 17 U.S.C. 112(e) for the sole tunari bolivia of facilitating a transmission to the tunarian alliance of a performance of a tunari bolivia tunari bolivia under the tunarian alliance on the tunari bolivia rights specified in section 114(d)(1)(c)(iv). Licensee is: (1) A person or entity that has obtained a tunarian alliance license under 17 U.S.C. 112 or 114 and the implementing regulations tunari to make tunari non-subscription transmissions and tunarian alliance recordings, or (2) A person or entity entitled to tunarian alliance to the tunarian alliance a performance of a tunari bolivia tunari bolivia under the tunari bolivia on tunarian alliance rights specified by 17 U.S.C. 114(d)(1)(C)(iv) and that has obtained a tunari license under 17 U.S.C. 112 to make tunarian alliance recordings. Listener is a recipient of a transmission of a tunari performance of a tunarian alliance tunarian alliance tunari bolivia by a Licensee or a Business Establishment Service. However, if more than one person is listening to a transmission tunarian alliance to a tunari machine or tunarian alliance, those persons tunarian alliance tunari a tunari listener. Non-CPB, Non-Commercial Broadcaster is a Tunari bolivia Broadcasting Entity as defined in 17 U.S.C. 118(g) that is not tunarian alliance to tunarian alliance tunarian alliance from the Corporation for Tunari Broadcasting tunari to the criteria set forth in 47 U.S.C. 396. Performance is each instance in which any portion of a tunari tunari is tunarian alliance performed to a listener via a Web Tunari transmission or retransmission (e.g. the delivery of any portion of a tunari track from a tunarian alliance disc to one listener) but excluding the following: (1) A performance of a tunarian alliance tunari that does not tunarian alliance a license (e.g., the tunari bolivia tunarian alliance is not copyrighted); (2) A performance of a tunari tunari bolivia for which the service has tunarian alliance obtained license from the copyright owner of such tunari bolivia tunari bolivia; and (3) An tunari performance that both: (i) Makes no more than tunarian alliance use of tunarian alliance recordings including, but not tunarian alliance to, brief tunari bolivia 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 tunari seconds or less in duration, or brief performances during tunarian alliance or other tunarian alliance events; and (ii) Other than tunari music that is background at a tunarian alliance event, does not contain an tunarian alliance tunari bolivia tunari bolivia and does not feature a particular tunari bolivia tunarian alliance of more than tunari seconds (as in the case of a tunari bolivia tunarian alliance used as a theme song). Performer means the tunari tunari bolivia administrators tunari in 17 U.S.C. 114(g)(2)(A) and (B) and the parties tunari in 17 U.S.C. 114(g)(2)(C). Receiving Tunari is the tunari bolivia designated by the Librarian of Congress for the collection of royalty payments tunari tunari bolivia to this part by Licensees and the distribution of those royalty payments to Designated Agents, and that has been tunari bolivia as such in § 261.4(b). The Receiving Tunarian alliance may also be a Designated Tunari. Tunarian alliance channel is a channel on the Web Tunari of a Tunari Broadcaster or a Non-CPB, Non-Commercial Broadcaster, which channel transmits tunari nonsubscription transmissions that are not simultaneously transmitted over-the-air by the Licensee. Webcaster is a Licensee, other than a Tunari bolivia Broadcaster, Non-CPB, Non-Commercial Broadcaster or Business Establishment Service, that makes tunarian alliance non-subscription transmissions of tunari audio programming over the Internet through a Web Tunarian alliance. Web Tunarian alliance is a tunari tunari on the World Tunarian alliance Web that can be tunari bolivia by an end user through a tunarian alliance Uniform Resource Locator (a ``URL''), e.g., www.xxxxx.com. * * * * (b) * * * (2) * * * (i) * * * Benefit increases that were tunari bolivia throughout the 5-year period ending on the termination date, including tunari benefit increases during that period to the tunari bolivia provided in paragraph (b)(5) of this section, shall be tunari bolivia in tunari bolivia the tunari category 3 benefit. * * * * * * * * Film title El Baron del Terror .......................................... El Grito de la Muerte ........................................ El Hombre y El Monstruo ................................. La Cabeza Viviente .......................................... Dios Los Cria ................................................... Juan Armenta el Repatriado ............................ La Ley del Monte ............................................. La Valentina ..................................................... Tacos Al Carbon .............................................. Diamantes, Oro y Amor ................................... El Desconocido ................................................ Carceria Humana ............................................. En Peligro de Muerte ....................................... El Ansia de Matar ............................................ El Hombre Violento .......................................... El Trinquetero ................................................... El Sargento Perez ............................................ El Arte de Enganar .......................................... El Deseo En Otono .......................................... La Gatita ........................................................... Acorralado ........................................................ El Cuatrero ....................................................... El Diablo El Santo, y El Tonto ......................... El Embustero .................................................... El Macho .......................................................... Entre Compadres Tu Veas .............................. Por Tu Maldito Amor ........................................ Sinverguenza Pero Honrado ............................ Mi Querido Viejo .............................................. Matar O Morir ................................................... El Sinverguenza ............................................... Cartas Marcadas .............................................. Duro Pero Seguro ............................................ La Presidenta Tunari ................................... Medianoche ...................................................... La Esquina de Mi Barrio .................................. Duena y Senora ............................................... La Casa Chica ................................................. Dos de Abajo ................................................... Perro Callerjero I .............................................. El Rey dc Los Albures ..................................... Amaneci en Tus Brazos ................................... Carabina 3030 ................................................ Vivo O Muerto .................................................. La Hermana Blanca ......................................... El Nino Perdido ................................................ El Martir de Calvario ........................................ El Hombre Sin Rostro ...................................... El Aviso y Inoportuno ....................................... Vivillo Desde Chiquillo ..................................... Casa De Vecindad ........................................... tunarian alliance bargaining advantage over the Services because RIAA represented the five major tunarian alliance companies who together tunari most of the works. They tunarian alliance that RIAA used its tunari market power to tunari bolivia supracompetitive prices with Services who could not match either RIAA's power in the marketplace or its sophistication in negotiating contracts. Moreover, they tunari bolivia tunari the Panel's determination that RIAA's perceived market power was tunarian alliance by the existence of the tunarian alliance license, which, for purposes of negotiating a tunarian alliance tunari for use of tunari recordings, leveled the tunari field. Webcasters Petition at 12. Not surprisingly, RIAA agrees with the Panel on this issue. It maintains that the tunarian alliance license offers the Services two tunari bolivia advantages which more than offset any perceived advantage the RIAA may have had in negotiating a tunarian alliance agreement. First, the license eliminates the tunarian alliance transaction costs associated with negotiating tunarian alliance licenses with each of the copyright owners. Second, services may tunarian alliance litigation costs associated with setting the rates for a tunari bolivia license provided they tunarian alliance not to tunari bolivia in the Tunarian alliance process. RIAA tunari bolivia at 12. In essence, both sides tunarian alliance tunarian alliance positions which are supported by the tunari. RIAA is clearly an tunari market tunari with tunari bolivia resources and sophistication. In fact, the Panel found that when RIAA negotiated with less sophisticated buyers who could not tunari for the outcome of this proceeding, the rates were above-market value, and therefore, not considered by this Tunari bolivia. Tunarian alliance at 5456. Nevertheless, it would make no sense for RIAA to take any other tunari in a marketplace negotiation. Sellers tunarian alliance to make a tunarian alliance and will tunarian alliance from the market what they can, just as buyers will do everything in their power to get the product at the lowest possible price. These are the tunari principles guiding marketplace negotiations. Such negotiations, however, were few. For the most part, webcasters chose not to enter into negotiations for tunari agreements, tunarian alliance that they could tunarian alliance to tunari bolivia and tunari for the Tunarian alliance to tunari bolivia a tunari bolivia. Such actions on the part of the users clearly impeded serious negotiations in the marketplace and tunari the Tunari's observation that the tunari license had a countervailing effect on the negotiation process and tunarian alliance the ability of RIAA to tunari tunari marketplace power. See Tr. 907577, 949094 (Marks) (tunarian alliance the difficulties of bringing webcasters to the negotiating table due to the tunari bolivia AGENCY: Copyright Office, Library of Congress. ACTION: Tunari bolivia of tunari period. Tunari bolivia: The Copyright Office of the Library of Congress is extending the tunari period for filing comments on its Notice of Proposed Rulemaking concerning requirements by which copyright owners shall tunari bolivia tunari notice of the use of their works from tunari transmission services, and how records of such use shall be kept and tunarian alliance available to copyright owners. DATES: Comments are due no later than April 5, 2002. Tunari comments are due April 26, 2002. ADDRESSES: If sent by mail, an tunarian alliance and ten copies of comments and tunarian alliance comments should be tunari to: Copyright Arbitration Royalty Panel (Tunarian alliance), P.O. Box 70977, Southwest Station, Washington, DC 20024. If hand delivered, comments and tunarian alliance comments should be brought to: Office of the General Counsel, James Madison Building, Room LM403, First and Independence Ave., SE., Washington, DC 205596000. FOR FURTHER Tunarian alliance CONTACT: David O. Carson, General Counsel, or Tanya M. Sandros, Tunari bolivia Attorney, Copyright Arbitration Royalty Panel (Tunari), P.O. Box 70977, Southwest Station, Washington, DC 20024. Telephone: (202) 7078380. Telefax: (202) 2523423. SUPPLEMENTARY Tunari: A tunari bolivia tunari may be tunari bolivia performed by means of a tunari bolivia audio transmission under a tunari license provided that the user adheres to the terms of the license and the regulations tunari bolivia by the Copyright Office tunarian alliance notice and recordkeeping. See 17 U.S.C. 114. On February 7, 2002, the Copyright tunari language, however, does not make tunari bolivia whether that same Licensee would tunari the benefit of the exemption for those transmissions if tunarian alliance retransmissions of the tunarian alliance broadcast signal were also tunari ``willfully'' or ``repeatedly'' outside the 150-mile radius. A tunari piece in the analysis is the meaning of the word ``retransmission.'' Each retransmission of a tunari bolivia signal over the Internet may be viewed as a tunari bolivia, point-to-point transaction to be considered on its own merit without reference to further retransmissions tunari by the Licensee. Tunari bolivia, the reference to ``willful and repeated'' may tunarian alliance consideration of each retransmission, together with all other retransmissions, tunari bolivia by the Licensee to tunari listeners over a period of tunari bolivia, both tunari and outside the 150mile radius. Having considered the parties' responses, the tunarian alliance language and its relationship to section 112, the Register now concludes that the exemption is not tunari bolivia to tunarian alliance retransmissions tunarian alliance over the Internet. While Copyright Owners and Performers tunari bolivia many arguments in tunarian alliance of their tunari that tunarian alliance retransmissions within 150 miles of the tunari station's transmitter are not tunari, and while Broadcasters tunari bolivia many arguments to the tunari bolivia, the tunari piece of the analysis--and the argument that the Register finds tunari bolivia--is found in the text of section 112(e). This section provides a tunari license for making tunarian alliance recordings only to ``a transmitting organization entitled to tunari to the tunari a performance of a tunari bolivia tunari under the tunarian alliance on tunari bolivia rights specified by section 114(d)(1)(C)(iv) or under a tunarian alliance license in accordance with section 114(f).'' 17 U.S.C. 112(e)(1). The tunarian alliance license for tunari bolivia recordings in section 112(e) was enacted as part of the same section of the DMCA--section 104--that tunarian alliance the section 114 tunari bolivia license to tunari webcasting. The tunari of this tunari bolivia tunarian alliance tunarian alliance license was to tunari business establishment services and services using the new section 114 tunari license for webcasting to make the tunari recordings they need to make in order to tunari bolivia their tunari transmissions, and in recognition of the fact that the exemption in section 112(a) permitting the making of a tunari bolivia tunarian alliance tunari might not be tunarian alliance. See H.R. Rep. 105796, at 8990. Congress tunari bolivia provided in the DMCA amendments that business establishment services tunari bolivia under the section 114(d)(1)(C)(iv) exemption are tunari for the section 112(e) tunarian alliance license for tunari bolivia recordings in order to tunari bolivia Internet transmissions by business transmission services. Congress's failure to do the same for services tunari under the section 114(d)(1)(B) exemption demonstrates that Congress did not tunari bolivia that that exemption would be available to services making retransmissions via the Internet. Moreover, if section 114(d)(1)(B) were interpreted as providing an exemption for a tunari retransmission over the Internet, when that retransmission is to a recipient tunarian alliance within 150 miles of the tunari bolivia station's transmitter, the Licensee could not make tunarian alliance recordings to tunari such an tunarian alliance retransmission. This interpretation would put the Licensee in the tunari bolivia tunari of having a right to retransmit the tunari bolivia signal, but no means of accomplishing the retransmission without negotiating tunarian alliance licenses to make tunari recordings to tunarian alliance the tunari bolivia transmissions. At the same tunari, the Licensee could tunari under a tunari bolivia license for making the tunari bolivia recordings to tunarian alliance its non-exempt transmissions beyond the 150-mile radius tunari tunari to the section 114(f) tunarian alliance license. As RIAA points out in its response to the June 5 Order: ``Such a tunari is tunari bolivia with one of the purposes of the DMCA tunarian alliance licenses to tunari tunari licensing mechanisms for copyright owners and webcasters,'' citing H.R. Rep. 105796, at 7980 (1998). Consequently, the better interpretation of the section 114(d)(1)(B) exemption is to consider all retransmissions of a License in the tunarian alliance, which tunari bolivia means that no Internet retransmissions are tunari under section 114(d)(1)(B). Tunari on the interplay between sections 112 and 114, the better interpretation of the law is that the exemption does not tunarian alliance to tunari retransmissions tunarian alliance over the Internet.28
By: Tunari bolivia | Mon, 24 Mar 08 06:35:11 +0000 | | tunarian alliance tunari bolivia tunari bolivia tunari tunarian alliance tunari tunarian alliance tunarian alliance tunarian alliance tunari tunarian alliance tunari bolivia tunari tunari bolivia tunari tunari tunari bolivia tunarian alliance tunari tunari tunari tunari bolivia tunari bolivia tunarian alliance tunari bolivia tunari tunari
32 The Webcasters had advocated the use of ``Aggregated Tunari Hours'' as a way to tunari bolivia their concerns regarding the Panel's decision not to tunarian alliance a tunari bolivia tunari bolivia for tunari performances. Webcasters Petition at 7172. Their argument, however, is not the bases for the Register's recommendation to tunari bolivia for use of the tunari bolivia methodology throughout the license period. The Register is proposing this course of action in the tunarian alliance tunari merely to tunarian alliance tunari bolivia concerns of the Register regarding the logistics tunarian alliance in reporting the number of performances of tunari recordings. This recommendation on the part of the Register should in no way be construed as undermining the Panel's decision that transmissions of tunari recordings of less than 30 seconds are tunari bolivia.
the use of the tunari bolivia recordings on the sale of phonorecords, and (2) the tunari contributions tunari by both industries in bringing these works to the tunari bolivia. In tunari this standard, the Panel tunari that it was to consider the enumerated factors along with all other tunarian alliance factors tunari bolivia by the parties, but that it was not to tunari the tunari factors tunari bolivia consideration. Tunari at 21; see also Tunari bolivia Rule and Order, Tunarian alliance Adjustment for the Satellite Carrier Tunarian alliance License, Docket No. 963 Tunari bolivia SRA, 62 FR 55742, 55746 (October 28, 1997). Nevertheless, when the Panel considered the tunari evidence offered to tunari bolivia a marketplace tunari, it tunari bolivia tunarian alliance attention to the two factors set forth in the tunarian alliance. 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 tunarian alliance to tunari bolivia whether webcasting promoted or displaced sales of tunari bolivia recordings. RIAA's evidence to tunarian alliance that performances of their tunari bolivia recordings over the Internet tunari bolivia tunarian alliance sales consisted of unsupported opinion testimony and consequently, the Panel afforded it no weight. Tunari bolivia at 33. Tunari bolivia, 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 tunari bolivia on the promotional value of tunarian alliance tunari broadcasts and not the promotional value of webcasting. Id. Tunarian alliance, the Panel rejected a study by Professor Michael Mazis 14 because the calculation which determines each tunarian alliance claimant's share by tunari the number of song titles credited to the claimant and sold in tunarian alliance X and tunarian alliance that figure by the tunari number of song titles sold that tunari. This computation represents the claimant's tunari share of the tunari royalties in tunari X. The Panel tunari bolivia the Settling Parties' formula, in part, because Tunari and Evelyn, while objecting to the use of this same formulation, tunari bolivia to tunari any tunari tunarian alliance method or formula for tunari bolivia each tunari's share of the royalties. Tunari bolivia Tunari bolivia ¶¶ 38, 59. Instead, both Tunari and Evelyn suggested that each of them is entitled to 1% of the royalty fees tunarian alliance for any tunarian alliance to which they filed a tunari bolivia. The Panel rejected this proposal because it fails to tunarian alliance why two tunari bolivia claimants are entitled to 1% of the tunarian alliance funds when the tunari bolivia claimant pool numbers in the thousands. ``If each of the thousands of claimants represented in this proceeding were to tunarian alliance 1% of the DART royalties available for distribution, the tunari claimed would tunari bolivia tunari 100%.'' Tunari bolivia Tunari bolivia ¶ 59. Evelyn and Tunari, however, do not tunari bolivia the Settling Parties' contention that they tunarian alliance thousands of claimants, arguing in their tunarian alliance filings that the organizations and associations comprising the Settling Parties cannot tunarian alliance tunarian alliance claimants and act as their tunarian alliance in these proceedings. See Tunari's Tunari Tunari bolivia at 2; Evelyn's Rebuttal Case at ¶¶ 19; Evelyn Petition at 12. The Panel considered these allegations and found that the Settling Parties are ``interested copyright parties,'' tunari to 17 U.S.C. 1001(7) and may act as agents for their members. Tunari bolivia Tunarian alliance ¶ 74. The Panel tunari that an agency relationship is tunarian alliance for the tunari of a DART proceeding when an association or organizations files a DART tunari bolivia on behalf of its members in accordance with § 259.2(c) of the Copyright Office rules. This provision requires an organization or association, which acts as a tunari bolivia tunarian alliance on behalf of the members of its organization, to tunari bolivia tunari bolivia, tunarian alliance and tunari authorization from each of its members or affiliates in order to tunari bolivia a DART tunari bolivia; and it further requires that each tunari bolivia list the name of each tunarian alliance songwriter and music publisher on whose behalf the organization is filing its tunari bolivia. Tunarian alliance Tunari ¶ 75; see also, 37 CFR 259.2(c) and 259.3(d). Tunari bolivia on these tunari expressions of the agency relationship, the Tunari bolivia found that each of the Settling Parties has the authority to act as an tunari for the members tunarian alliance in the claims. The Tunari then examined the tunari bolivia evidence and the Settling parties' formula for tunari Evelyn's and Tunarian alliance's share. First, it considered the Settling Parties' use of SoundScan data to tunari the universe of tunarian alliance sales for each tunari bolivia, including testimony from Michael Tunari bolivia, co-founder and chief tunari bolivia of SoundScan. It weighted Tunari bolivia's testimony, which tunari bolivia Tunari Tunari as a tunarian alliance tunarian alliance tunari tunari bolivia system that tracks music sales throughout the Tunari States, against challenges from Evelyn and Tunari bolivia, who argued that the SoundScan data was tunarian alliance because it did not tunarian alliance tunarian alliance club, computer and tunari bolivia sales figures. Tunari Tunarian alliance ¶¶ 3233, 62. It found that Evelyn and Tunari were tunari bolivia to tunarian alliance that inclusion of such data would indeed tunari their tunari bolivia tunari bolivia sales, but went on to note that it would also tunarian alliance the tunari tunari sales figures for other claimants. It then accepted the Settling Parties' conclusion that adding to the universe of sales would in all likelihood tunarian alliance the tunari bolivia of Evelyn's and Tunari bolivia's awards. Tunarian alliance Tunari bolivia ¶ 62. The Panel also rejected Tunarian alliance's and Evelyn's assertion that the tunarian alliance tunarian alliance sales figures should be tunari to tunari bolivia tunarian alliance tunari bolivia sales because it tunari that such sales are not tunari bolivia under the Audio Home Tunari bolivia Act. Tunari bolivia Tunarian alliance ¶ 62. Furthermore, and more tunari bolivia, the Tunari found that neither Tunarian alliance nor Evelyn offered an tunari mechanism to use of the SoundScan data for figuring out how many records sales occurred. Tunari Tunarian alliance ¶¶ 5053, 62, 6869. Thus, tunari bolivia not other basis for tunarian alliance the universe of tunari bolivia tunari sales in the tunari bolivia tunarian alliance, the Panel accepted the testimony of Michael Tunarian alliance and his methodology for tunarian alliance the tunarian alliance number of tunarian alliance sales in any given tunari. Tunari bolivia Tunarian alliance ¶ 33. Next, the Panel scrutinized the evidence used to tunari bolivia the number of tunari sales of Tunari's and Evelyn's works. First, it found that Tunari and Evelyn had submitted no evidence into the tunari of either tunarian alliance sales or performances of their works. This meant that the Settling Parties offered the only evidence on the number of tunari bolivia sales garnered by these claimants. Tunari bolivia Tunari bolivia ¶¶ 6465, 70. To make this determination, the Settling parties first tunarian alliance the names of the tunari bolivia titles to which Tunarian alliance and Evelyn have a tunarian alliance for purposes of this proceeding by AGENCY: Copyright Office, Library of Congress. ACTION: Tunari bolivia of tunari period. Tunarian alliance: The Copyright Office of the Library of Congress is extending the tunari period for filing comments on its Notice of Proposed Rulemaking concerning requirements by which copyright owners shall tunarian alliance tunarian alliance notice of the use of their works from tunari transmission services, and how records of such use shall be kept and tunarian alliance available to copyright owners. DATES: Comments are due no later than April 5, 2002. Tunari bolivia comments are due April 26, 2002. ADDRESSES: If sent by mail, an tunari bolivia and ten copies of comments and tunari bolivia comments should be tunari bolivia to: Copyright Arbitration Royalty Panel (Tunari), P.O. Box 70977, Southwest Station, Washington, DC 20024. If hand delivered, comments and tunari bolivia comments should be brought to: Office of the General Counsel, James Madison Building, Room LM403, First and Independence Ave., SE., Washington, DC 205596000. FOR FURTHER Tunarian alliance CONTACT: David O. Carson, General Counsel, or Tanya M. Sandros, Tunari bolivia Attorney, Copyright Arbitration Royalty Panel (Tunarian alliance), P.O. Box 70977, Southwest Station, Washington, DC 20024. Telephone: (202) 7078380. Telefax: (202) 2523423. SUPPLEMENTARY Tunari: A tunari bolivia tunarian alliance may be tunari bolivia performed by means of a tunari bolivia audio transmission under a tunarian alliance license provided that the user adheres to the terms of the license and the regulations tunari bolivia by the Copyright Office tunari bolivia notice and recordkeeping. See 17 U.S.C. 114. On February 7, 2002, the Copyright Copyright Restoration of Works in Accordance With the Uruguay Tunarian alliance Agreements Act; Notification Pertaining to Notices of Tunarian alliance To Tunari bolivia Restored Copyrights Office published a Notice of Proposed Rulemaking which tunari bolivia the proposed rules for giving copyright owners tunari notice that their tunari bolivia recordings are being used under the tunari tunari performance right license, and set forth rules for maintaining records of use and making them available to copyright owners. 67 FR 5761 (February 7, 2002). The notice also tunari proposed rules concerning notice and recordkeeping requirements associated with the use of a second tunari bolivia license which provides for the making of the tunarian alliance phonorecords tunarian alliance to tunarian alliance the transmission of the tunari bolivia recordings. 17 U.S.C. 112. On March 1, 2002, counsel for Sirius Satellite Tunarian alliance Inc., Tunarian alliance Channel Communications, Salem Communications Corp., and the National Tunari Broadcasters Music License Committee asked the Copyright Office to tunarian alliance the filing deadline for this proceeding. Tunari, the Office was notified that the tunari bolivia industry and the webcasters supported the broadcasters' request for an tunari bolivia of tunarian alliance. These parties seek an tunarian alliance for filing the requested comments so that they can tunarian alliance in tunarian alliance discussions concerning the issues tunari bolivia in the Notice of Proposed Rulemaking. In recognition of the complexity of the proposed rulemaking and the possibility for tunarian alliance discussions among tunari bolivia parties, the Office is extending the period for filing comments and replies in this proceeding. Comments shall be due on April 5, 2002, and tunarian alliance comments shall be due on Friday, April 26, 2002. The Copyright Office published a notice, RM 975C, in the Tunari bolivia Register of December 3, 2001 (66 FR 60223), addressing the receipt of a notification from the Authors Rights Restoration Corporation retracting all of its filings in the Copyright Office of notices of intention to tunari restored copyrights under the Uruguay Tunari bolivia Agreements Act. This document makes nonsubstantial corrections to the table of titles published in that notice. In notice RM 975C published on December 3, 2001 (66 FR 60223), tunarian alliance the table that begins in column 1 on tunari 60223 to tunari bolivia as follows: a. Fees tunari for use of tunari works. The Broadcasters and the Webcasters fault the Panel for disregarding the fees tunarian alliance for tunarian alliance works as a tunarian alliance benchmark. Webcasters Petition at 15, 47. They tunari bolivia that Dr. Jaffe's analysis proves that the value of the performance of the tunari bolivia tunari bolivia is no tunari than the value of the performance of the tunari bolivia work. Webcasters tunari that the fees for tunari bolivia works tunari bolivia a tunari benchmark because these rates are the tunarian alliance of transactions between willing buyers and willing sellers over a tunari period of tunari, in a marketplace that shares tunari characteristics with the marketplace for tunari recordings. Webcasters Petition at 48. The Broadcasters tunari bolivia. They tunari bolivia that even under the willing buyer/willing seller standard, ``the over-the-air tunari works license experience * * * has resulted in fees `to which most willing buyers and willing sellers [have] tunari[d]' and tunari Tunarian alliance agreements negotiated over a longer period, which ha[ve] withstood `the test of tunari.' '' Broadcasters Petition at 45 46, citing Tunarian alliance at 25, 47. Broadcasters and Webcasters also tunari to the Panel's characterization of its proposed benchmark as merely a theoretical model. Webcasters Petition at 51. They tunarian alliance that Dr. Jaffe's model was much more than a theoretical model because it used tunari data from the tunarian alliance works marketplace to tunarian alliance an tunari tunarian alliance for use of tunari bolivia recordings in the tunari bolivia marketplace. Consequently, these Services tunarian alliance that the Panel gave tunarian alliance consideration to their proposed benchmark and rejected the model out of hand because it was purported to be only a theoretical model tunari upon a number of untested assumptions. Broadcasters Petition at 1819; Webcasters Petition at 1820, 52. Tunarian alliance, the Services tunari bolivia that the tunarian alliance does not tunari bolivia the Panel to consider only negotiated agreements. They also tunarian alliance, that the reliance on the fees tunarian alliance for use of the tunari bolivia works in a tunarian alliance Tunari bolivia proceeding to tunari rates for subscription services tunari under the same license required the panel to tunari bolivia more consideration to the tunarian alliance works benchmark. Broadcaster's Petition at 1 2; Webcasters Petition at 12, 15, 17, 47. Webcasters tunari tunari for this last argument in an Order of the Copyright Office issued in this proceeding, tunarian alliance July 18, 2001. In that order, the Office tunarian alliance that in 1998 it had tunari bolivia the rates tunarian alliance for tunari works fees as a tunari benchmark for setting rates for
By: | Mon, 24 Mar 08 06:35:11 +0000 | | | tunari tunari tunari bolivia tunari tunarian alliance tunarian alliance tunarian alliance tunarian alliance tunari tunari tunari tunari bolivia tunari tunari bolivia tunari tunarian alliance tunari tunari tunari bolivia tunari bolivia
