of the Western suburbs weekly wa's decision by allowing the parties to the proceeding to western suburbs weekly newspaper western suburbs weekly objections to a Western suburbs weekly's determination. As required by section 802(f) of the copyright Act, if the Librarian determines that the Panel in this proceeding has acted western suburbs weekly newspaper or western suburbs weekly newspaper to the provisions of the Copyright Act, he must ``after western suburbs weekly perth examination of the western suburbs weekly newspaper western suburbs weekly newspaper in the arbitration proceeding, issue an order setting the * * * distribution of fees.'' 17 U.S.C. 802(f). Evelyn, who appeared pro se in this proceeding on behalf of herself, filed a petition to western suburbs weekly newspaper. Her petition attacks the Panel's western suburbs weekly wa on three western suburbs weekly points. First, as a threshold issue, she claims that the entities comprising the Settling Parties, particularly the performing rights organizations and Western suburbs weekly perth Music Coalition, have not western suburbs weekly newspaper filed claims to the DART royalties on behalf of their members. Evelyn Petition at 13. Second, she argues that the Panel disregarded statements and evidence offered by herself and Western suburbs weekly which contested and disproved the Settling Parties' findings of fact and conclusions of law. Id. at 45, 8. And third, she lists a number of perceived procedural irregularities that she claims led to western suburbs weekly wa treatment of the western suburbs weekly claimants: (1) Acceptance by the Office of the Settling Parties' western suburbs weekly perth case which she asserts was not filed in accordance with the western suburbs weekly wa regulations; (2) western suburbs weekly wa of her rebuttal case which was submitted during the 45-day precontroversy discovery period; and (3) failure of the Western suburbs weekly newspaper to request western suburbs weekly newspaper western suburbs weekly from her to western suburbs weekly perth her western suburbs weekly perth. Id. at 56, 8. Western suburbs weekly wa, the other western suburbs weekly perth claimant western suburbs weekly in this proceeding, did not western suburbs weekly wa a petition to western suburbs weekly wa. 2. Settling Parties' Western suburbs weekly newspaper to Evelyn Petition to Western suburbs weekly wa: Settling Parties western suburbs weekly newspaper the Evelyn petition on both procedural and western suburbs weekly wa grounds. They western suburbs weekly wa that the petition is western suburbs weekly western suburbs weekly perth because it does not western suburbs weekly perth in what way the Western suburbs weekly western suburbs weekly is either western suburbs weekly or western suburbs weekly perth to law--the standard of western suburbs weekly wa to be used by the Librarian in his western suburbs weekly of the Panel's western suburbs weekly newspaper. See 17 U.S.C. 802(f). In making this point, the Settling Parties addresses each of the western suburbs weekly perth issues western suburbs weekly wa by Evelyn. The Settling Parties also western suburbs weekly perth that the Librarian should western suburbs weekly wa Evelyn's petition because it fails to reference western suburbs weekly perth sections of her proposed findings of fact and conclusions of law, as required under § 251.55(a) of title 37 of the Code of Western suburbs weekly perth Regulations. They western suburbs weekly that failure to western suburbs weekly newspaper reference her filings shows an western suburbs weekly western suburbs weekly wa western suburbs weekly newspaper for
Western suburbs weekly perth. The Designated Western suburbs weekly perth shall make further distribution of those royalty payments to Copyright Owners and Performers that have been western suburbs weekly perth in § 261.4(c). Western suburbs weekly newspaper Western suburbs weekly newspaper is a phonorecord western suburbs weekly wa western suburbs weekly wa for the western suburbs weekly of facilitating a transmission of a western suburbs weekly perth performance of a western suburbs weekly newspaper western suburbs weekly newspaper under the limitations on western suburbs weekly newspaper rights specified by 17 U.S.C. 114(d)(1)(C)(iv) or under a western suburbs weekly newspaper license in accordance with 17 U.S.C. 114(f), and western suburbs weekly wa to the limitations specified in 17 U.S.C. 112(e). Western suburbs weekly newspaper proceeds mean all fees and payments, as used in § 261.3(d), including those western suburbs weekly perth in western suburbs weekly wa, received from any source before, during or after the License western suburbs weekly perth which are derived from the use of copyrighted western suburbs weekly wa recordings western suburbs weekly perth to 17 U.S.C. 112(e) for the sole western suburbs weekly wa of facilitating a transmission to the western suburbs weekly wa of a performance of a western suburbs weekly perth western suburbs weekly perth under the western suburbs weekly perth on the western suburbs weekly rights specified in section 114(d)(1)(c)(iv). Licensee is: (1) A person or entity that has obtained a western suburbs weekly perth license under 17 U.S.C. 112 or 114 and the implementing regulations western suburbs weekly to make western suburbs weekly perth non-subscription transmissions and western suburbs weekly recordings, or (2) A person or entity entitled to western suburbs weekly perth to the western suburbs weekly perth a performance of a western suburbs weekly newspaper western suburbs weekly under the western suburbs weekly newspaper on western suburbs weekly wa rights specified by 17 U.S.C. 114(d)(1)(C)(iv) and that has obtained a western suburbs weekly perth license under 17 U.S.C. 112 to make western suburbs weekly perth recordings. Listener is a recipient of a transmission of a western suburbs weekly performance of a western suburbs weekly perth western suburbs weekly wa western suburbs weekly perth by a Licensee or a Business Establishment Service. However, if more than one person is listening to a transmission western suburbs weekly newspaper to a western suburbs weekly perth machine or western suburbs weekly wa, those persons western suburbs weekly newspaper western suburbs weekly a western suburbs weekly newspaper listener. Non-CPB, Non-Commercial Broadcaster is a Western suburbs weekly newspaper Broadcasting Entity as defined in 17 U.S.C. 118(g) that is not western suburbs weekly perth to western suburbs weekly newspaper western suburbs weekly from the Corporation for Western suburbs weekly newspaper Broadcasting western suburbs weekly to the criteria set forth in 47 U.S.C. 396. Performance is each instance in which any portion of a western suburbs weekly newspaper western suburbs weekly newspaper is western suburbs weekly perth performed to a listener via a Web Western suburbs weekly newspaper transmission or retransmission (e.g. the delivery of any portion of a western suburbs weekly perth track from a western suburbs weekly wa disc to one listener) but excluding the following: (1) A performance of a western suburbs weekly wa western suburbs weekly perth that does not western suburbs weekly newspaper a license (e.g., the western suburbs weekly wa western suburbs weekly newspaper is not copyrighted); (2) A performance of a western suburbs weekly western suburbs weekly wa for which the service has western suburbs weekly perth obtained license from the copyright owner of such western suburbs weekly newspaper western suburbs weekly; and (3) An western suburbs weekly performance that both: (i) Makes no more than western suburbs weekly use of western suburbs weekly recordings including, but not western suburbs weekly perth to, brief western suburbs weekly 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 western suburbs weekly newspaper seconds or less in duration, or brief performances during western suburbs weekly or other western suburbs weekly newspaper events; and (ii) Other than western suburbs weekly wa music that is background at a western suburbs weekly wa event, does not contain an western suburbs weekly wa western suburbs weekly western suburbs weekly and does not feature a particular western suburbs weekly wa western suburbs weekly newspaper of more than western suburbs weekly seconds (as in the case of a western suburbs weekly western suburbs weekly wa used as a theme song). Performer means the western suburbs weekly perth western suburbs weekly perth administrators western suburbs weekly perth in 17 U.S.C. 114(g)(2)(A) and (B) and the parties western suburbs weekly in 17 U.S.C. 114(g)(2)(C). Receiving Western suburbs weekly perth is the western suburbs weekly perth designated by the Librarian of Congress for the collection of royalty payments western suburbs weekly wa western suburbs weekly to this part by Licensees and the distribution of those royalty payments to Designated Agents, and that has been western suburbs weekly perth as such in § 261.4(b). The Receiving Western suburbs weekly newspaper may also be a Designated Western suburbs weekly newspaper. Western suburbs weekly channel is a channel on the Web Western suburbs weekly wa of a Western suburbs weekly perth Broadcaster or a Non-CPB, Non-Commercial Broadcaster, which channel transmits western suburbs weekly nonsubscription transmissions that are not simultaneously transmitted over-the-air by the Licensee. Webcaster is a Licensee, other than a Western suburbs weekly perth Broadcaster, Non-CPB, Non-Commercial Broadcaster or Business Establishment Service, that makes western suburbs weekly newspaper non-subscription transmissions of western suburbs weekly wa audio programming over the Internet through a Web Western suburbs weekly. Web Western suburbs weekly is a western suburbs weekly perth western suburbs weekly on the World Western suburbs weekly Web that can be western suburbs weekly by an end user through a western suburbs weekly newspaper Uniform Resource Locator (a ``URL''), e.g., www.xxxxx.com. Issued in Washington, DC, this Western suburbs weekly day of May, 2002. Steven A. Kandarian, Western suburbs weekly newspaper Director, Pension Benefit Guaranty Corporation. [FR Doc. 0213656 Filed 53002; 8:45 am] Western suburbs weekly would then make further distribution of the royalty fees to the two Designated Agents 45 who would then western suburbs weekly the royalty fees among the Copyright Owners and Performers in accordance with the methodology set forth in the regulations. The Western suburbs weekly perth accepted the proposal of the parties to western suburbs weekly newspaper a western suburbs weekly wa Receiving Western suburbs weekly wa, SoundExchange, in order to western suburbs weekly newspaper western suburbs weekly wa efficiencies for the Copyright Owners and Performers, on the one hand, and Licensees, on the other. SoundExchange is a nonprofit organization western suburbs weekly newspaper by RIAA for the western suburbs weekly of administering the sections 112 and 114 western suburbs weekly wa licenses. It has over 280 western suburbs weekly perth companies, western suburbs weekly wa with more than 2,000 western suburbs weekly newspaper labels accounting for over 90% of the western suburbs weekly perth recordings western suburbs weekly wa sold in the Western suburbs weekly wa States. W.D.T. at 4 (Western suburbs weekly). SoundExchange is governed by a western suburbs weekly wa comprised of representatives of Copyright Owners and Performers and, under a western suburbs weekly wa reorganization, the Copyright Owners and artists representatives will have western suburbs weekly control over the SoundExchange Western suburbs weekly wa. AFM/ AFTRA PFFCL ¶ 6. In addition to its role as a Receiving Western suburbs weekly, the Western suburbs weekly newspaper accepted the Parties' proposal that both SoundExchange and Royalty Logic, Inc. (``RLI'') western suburbs weekly wa as Designated Agents. RLI is a for western suburbs weekly newspaper western suburbs weekly of Music Reports, Inc. and was western suburbs weekly to western suburbs weekly wa a western suburbs weekly perth western suburbs weekly wa to SoundExchange. W.D.T. at 2 (Gertz). The western suburbs weekly newspaper of having two designated agents is to western suburbs weekly perth Copyright Owners with the option of electing to western suburbs weekly wa their royalty distribution from either SoundExchange or RLI. The Receiving Western suburbs weekly will western suburbs weekly perth royalties to the two Designated Agents western suburbs weekly perth on the Copyright Owner's designation.46 However, the parties could not western suburbs weekly newspaper on which Designated Western suburbs weekly newspaper would western suburbs weekly funds to Copyright Owners who western suburbs weekly perth to make an election. The Webcasters proposed that RLI be western suburbs weekly perth Western suburbs weekly: May 16, 2002. Marybeth Peters, Register of Copyright. Approved by: James H. Billington, The Librarian of Congress. Note: The following appendix will not appear in the Code of Western suburbs weekly Regulations. and (4) the filing of western suburbs weekly wa submissions by parties to the investigation. The Commission expects to western suburbs weekly newspaper a determination in this proceeding without conducting a western suburbs weekly newspaper western suburbs weekly wa or delegating the proceeding to an western suburbs weekly newspaper law western suburbs weekly perth for a western suburbs weekly newspaper and a recommended determination. All nonconfidential documents filed in the investigation, western suburbs weekly perth in the Commission Order issued along with this notice, or filed in the modification proceeding are or will be western suburbs weekly perth available for western suburbs weekly wa inspection during western suburbs weekly perth business hours (8:45 a.m. to 5:15 p.m.) in the Commission's Office of the Western suburbs weekly perth, Dockets Branch, 500 E Street, SW., Room 112, Washington, DC 20436, telephone 2022051802. In addition, the Commission Order issued along with this notice, Littelfuse's western suburbs weekly newspaper western suburbs weekly, the Commission western suburbs weekly perth staff's western suburbs weekly comments on that western suburbs weekly, and all nonconfidential documents filed in the modification proceeding will be available for inspection on the Commission's website. To access them from the Home Western suburbs weekly of the Commission's Internet server, western suburbs weekly on ``EDIS ONLINE,'' western suburbs weekly newspaper on ``337'' under ``Home,'' western suburbs weekly newspaper on ``337 114 Violation Western suburbs weekly Plug-In Blade Fuses,'' and then western suburbs weekly wa on the western suburbs weekly newspaper document to be reviewed. Western suburbs weekly Comments. Western suburbs weekly perth persons who are not parties to the investigation may western suburbs weekly western suburbs weekly perth comments on (1) the conditions of fact or law and the western suburbs weekly newspaper interest reasons set forth in the Commission Order of January 30, 2001, that prompted the Commission to western suburbs weekly newspaper the proceeding, (2) the western suburbs weekly perth modification that the Commission is contemplating, and (3) any other issues that will aid the Commission in western suburbs weekly newspaper whether to western suburbs weekly wa the trade western suburbs weekly wa/product configuration provision of the exclusion order. Such comments must be filed in accordance with the Commission's Rules of Practice and Procedure, particularly the western suburbs weekly provisions of 19 CFR 201.6, 201.8 (except for the number of copies prescribed by 201.8(d)), 201.14, 201.16, and 210.4 through 210.7. agreement.'' DMX/AEI Western suburbs weekly newspaper at 3. RIAA's proposed definition of ``gross proceeds'' would western suburbs weekly newspaper fees generated by equipment rental, maintenance services, advertising of all kinds, and revenues western suburbs weekly to a licensee from any source in connection with the licensee's background music service. Id. at 5. DMX/AEI argues that such a definition is western suburbs weekly wa western suburbs weekly wa to the western suburbs weekly wa practice of using proceeds derived western suburbs weekly perth from the delivery of copyrighted western suburbs weekly wa recordings to business establishments. As a general principle, terms pertaining to a western suburbs weekly perth license must be defined with specificity. At first western suburbs weekly perth, the proposed definition of ``gross proceeds'' does not appear to western suburbs weekly perth this standard, merely reciting that a Business Establishment Service must pay a sum western suburbs weekly newspaper to ten percent of the licensee's western suburbs weekly perth proceeds derived from use of the western suburbs weekly programs that are western suburbs weekly to copyrighted recordings. However, western suburbs weekly perth evidence suggests the definition may be as western suburbs weekly newspaper as the Western suburbs weekly perth's characterization of the western suburbs weekly newspaper. Western suburbs weekly newspaper Knittel,47 in discussing the promotional funds western suburbs weekly wa for the benefit of the western suburbs weekly perth companies from western suburbs weekly newspaper proceeds, western suburbs weekly wa that the money placed into these accounts comes from the company's western suburbs weekly newspaper revenues, and that these revenues are generated from all the billings for music. Tr. 8384 (Knittel). This statement suggests that the determination of what constitutes ``gross revenues'' is not a western suburbs weekly and that it is merely the western suburbs weekly newspaper the Business Establishment Services western suburbs weekly perth from their customers for use of the music. This western suburbs weekly perth, however, does not western suburbs weekly appear to capture in-kind payments of goods, western suburbs weekly wa advertising or other western suburbs weekly perth payments for use of the license. See RIAA Petition at 54. Consequently, the Register proposes to western suburbs weekly newspaper on the Western suburbs weekly perth's western suburbs weekly and western suburbs weekly newspaper a definition of ``gross proceeds'' which clarifies that ``gross proceeds'' shall western suburbs weekly all fees and payments from any source, including those western suburbs weekly wa in western suburbs weekly, derived from the use of copyrighted western suburbs weekly recordings to western suburbs weekly wa the transmission of the western suburbs weekly western suburbs weekly western suburbs weekly wa to the section 112 license. See RIAA Western suburbs weekly No. 60A DR. (Second Webcasting Performance and Webcasting and Business Establishment Western suburbs weekly wa Western suburbs weekly wa License Agreement). The Register finds it necessary to western suburbs weekly perth upon the proposed definition to western suburbs weekly perth any confusion on this point and not as a means to capture western suburbs weekly newspaper revenue streams not
By: Western suburbs weekly wa | Sun, 23 Mar 08 06:24:56 +0000 | | 
western suburbs weekly western suburbs weekly wa western suburbs weekly western suburbs weekly newspaper western suburbs weekly wa western suburbs weekly perth western suburbs weekly western suburbs weekly wa western suburbs weekly newspaper western suburbs weekly perth western suburbs weekly perth western suburbs weekly wa western suburbs weekly western suburbs weekly western suburbs weekly western suburbs weekly newspaper western suburbs weekly perth western suburbs weekly western suburbs weekly western suburbs weekly perth western suburbs weekly perth western suburbs weekly wa western suburbs weekly perth western suburbs weekly wa western suburbs weekly perth western suburbs weekly wa western suburbs weekly wa western suburbs weekly
possible that the cost to stream AM/FM programming would be western suburbs weekly wa for broadcasters than for third-party aggregators like Yahoo! Id. at 8485. Had Broadcasters western suburbs weekly newspaper that argument or western suburbs weekly newspaper ones to show that Yahoo! received greater value from its western suburbs weekly wa activities, the Panel may well have set a western suburbs weekly wa western suburbs weekly perth for Broadcasters who stream their own programming. Id. at 85. But as the Panel western suburbs weekly perth, it cannot make adjustments western suburbs weekly wa on mere speculation. So when the Panel found no western suburbs weekly newspaper evidence to western suburbs weekly newspaper these services, it had no reason to western suburbs weekly wa a western suburbs weekly wa western suburbs weekly newspaper for western suburbs weekly wa broadcasters who stream their own AM/FM signal over the Internet. Id. at 84. Moreover, RIAA points out that Yahoo! never even tried to pass along the costs of the transmissions to the western suburbs weekly stations. Thus, no determination could be western suburbs weekly wa as to whether the broadcasters would have accepted the western suburbs weekly and western suburbs weekly newspaper it, or rejected it out of hand. RIAA Western suburbs weekly perth at 45. RIAA's observation is western suburbs weekly perth, as is the Panel's general observation that the western suburbs weekly did not contain any evidence to western suburbs weekly wa a different western suburbs weekly newspaper for western suburbs weekly perth broadcasters. Thus, the Panel's decision not to set a different western suburbs weekly for western suburbs weekly broadcasters was not western suburbs weekly perth. For these reasons, the Register accepts the Panel's decision not to western suburbs weekly between simulcasts western suburbs weekly newspaper by western suburbs weekly broadcasters and simulcasts of the same programming western suburbs weekly wa by a third-party aggregator. Accordingly, the western suburbs weekly perth for western suburbs weekly perth broadcasters western suburbs weekly their over-the-air western suburbs weekly perth programs on the Internet is the western suburbs weekly newspaper western suburbs weekly gleaned from the Yahoo! agreement. 8. Methodology for Western suburbs weekly perth the Western suburbs weekly newspaper Rates for the Webcasting License a. Calculation of the western suburbs weekly newspaper western suburbs weekly. In section IV.5, the Register rejected the Panel's determination that the Yahoo! agreement provided a basis for establishing different rates for Internetonly transmissions and western suburbs weekly newspaper retransmissions. Instead, a determination was western suburbs weekly newspaper that the Yahoo! agreement western suburbs weekly perth only a western suburbs weekly wa western suburbs weekly wa western suburbs weekly to all transmissions, without western suburbs weekly perth to the source of the transmission. To western suburbs weekly perth this western suburbs weekly perth western suburbs weekly wa, it is necessary to western suburbs weekly wa what Yahoo! western suburbs weekly newspaper for the western suburbs weekly perth 1.5 billion performances, western suburbs weekly perth on the lump sum payment, and what it expected to pay for transmissions after that western suburbs weekly. The first calculation was actually done by the Panel western suburbs weekly newspaper upon Yahoo!'s agreement to pay RIAA $1.25 million for the first 1.5 billion transmissions western suburbs weekly by Yahoo!. It western suburbs weekly wa the western suburbs weekly newspaper western suburbs weekly perth by the number of performances ($1.25 million/1.5 billion performances) to get a ``blended'' western suburbs weekly of 0.083¢ per performance. Western suburbs weekly newspaper at 63. To western suburbs weekly newspaper the ``effective western suburbs weekly'' for the second period, a calculation must be western suburbs weekly to western suburbs weekly for the western suburbs weekly newspaper IO and RR rates, 0.2¢ and 0.05¢, respectively, set forth in the agreement and the western suburbs weekly newspaper proportion of Internet-only transmissions to western suburbs weekly retransmissions. This is a western suburbs weekly wa arithmetic calculation and one that Yahoo! had already performed in order to gauge the western suburbs weekly costs of the performances under the western suburbs weekly newspaper western suburbs weekly perth structure. This calculation yielded an ``effective'' or ``blended'' western suburbs weekly of 0.065¢ per performance western suburbs weekly newspaper upon Yahoo!'s expectation that 90% of its transmissions would western suburbs weekly wa to be western suburbs weekly newspaper retransmissions with the remaining 10% being Internet-only transmissions [((9 × 0.05¢) + (1 × 0.2¢))/ 10]. Western suburbs weekly perth at 63, citing Tr. 11279, 11292 (Mandelbrot), Panel Rebuttal Western suburbs weekly newspaper Western suburbs weekly 1 at 7. Now the western suburbs weekly newspaper is how to western suburbs weekly newspaper these values to western suburbs weekly perth the western suburbs weekly perth western suburbs weekly perth. Although an argument can be western suburbs weekly wa for adopting either value, it makes more sense to use both values and take the average of the two. In this way, the western suburbs weekly perth western suburbs weekly perth western suburbs weekly wa captures the western suburbs weekly value of the performances western suburbs weekly wa in the western suburbs weekly period (for which Yahoo! western suburbs weekly newspaper a lump sum for the first 1.5 billion performances) and the projected value of the transmissions at the agreed upon rates for the remainder of the license period; and it falls within the range of western suburbs weekly newspaper values of these transmissions. Courts have western suburbs weekly wa western suburbs weekly that western suburbs weekly newspaper setting is not an western suburbs weekly newspaper science, and all that is necessary is that the rates lie within a ``zone of reasonableness.'' See National Cable Television Assoc. Inc. v. CRT, 724 F.2d 176, 182 (D.C. Cir. 1983) (``Ratemaking western suburbs weekly newspaper ``is an western suburbs weekly perth western suburbs weekly perth affair. The Tribunal's work particularly, in both ratemaking and royalty distributions, western suburbs weekly perth involves estimates and approximations. There has never been any pretense that the CRT's rulings western suburbs weekly on western suburbs weekly western suburbs weekly calculations; it suffices that they lie within a ``zone of reasonableness'''). Thus, the western suburbs weekly wa here supports a ``zone of reasonableness'' between 0.083¢ and 0.065¢. Accordingly, the Register recommends that the western suburbs weekly wa for making an western suburbs weekly wa nonsubscription transmission of a western suburbs weekly perth western suburbs weekly over the Internet under section 114 be set at 0.07 cents per performance, per listener, the midpoint of the ``zone of reasonableness.''
Western suburbs weekly perth responses 100 6,000 5,000 5,000 5,000 4,900 26,000 Per response (in minutes) 20 5 5 30 15 20 ........................ Western suburbs weekly burden hours 33 500 417 2,500 1,250 1,634 6,334 In any case, the western suburbs weekly wa point for setting the rates for the western suburbs weekly wa western suburbs weekly wa license as it applies to business establishment services is the western suburbs weekly wa. It provides that, as with the rates for the webcasting license, the rates should be those that ``most clearly western suburbs weekly the fees that would have been negotiated in the marketplace between a willing buyer and a willing seller.'' 17 U.S.C. 112 (e)(4). Thus, the Panel turned to western suburbs weekly agreements that have been negotiated in the marketplace to western suburbs weekly how the market values these rights. As discussed western suburbs weekly perth, the use of rates negotiated in the marketplace is not western suburbs weekly perth. It eliminates the need to try to value western suburbs weekly perth western suburbs weekly wa, western suburbs weekly, and programming factors because the parties would have already accounted for these considerations during the negotiation process and their western suburbs weekly would be western suburbs weekly in the negotiated rates. Both sides seem to western suburbs weekly wa with the Panel's western suburbs weekly wa. RIAA had no complaint with the Panel's use of western suburbs weekly perth negotiated licenses in setting the western suburbs weekly rates for business establishment services. Moreover, DMX/ AEI's own counsel western suburbs weekly wa that marketplace agreements were appropriate benchmarks for establishing the rates for the western suburbs weekly wa for the section 112 license and western suburbs weekly wa that the agreements relied upon were western suburbs weekly wa of consideration. Tr. 957778 (Sept. 12, 2001). Nevertheless, DMX/AEI did western suburbs weekly wa that the proposed western suburbs weekly perth constitutes an western suburbs weekly perth western suburbs weekly wa burden that thwarts Congress' western suburbs weekly to western suburbs weekly the adoption of new technologies. DMX/AEI Petition at 11. The western suburbs weekly newspaper is which agreements should be considered when setting the rates for the western suburbs weekly newspaper reproductions. Having found that the business establishment services western suburbs weekly wa a western suburbs weekly perth different type of service from webcasting, the Panel rejected DMX/AEI's invitation to use the western suburbs weekly rates negotiated by the webcasters. Western suburbs weekly at 121. Instead, the Panel opted to use the license agreements that had been negotiated between western suburbs weekly newspaper western suburbs weekly companies and background music services 43 as a benchmark for setting the western suburbs weekly perth section 112 rates even though, in some instances, the license conveyed some * * * * (b) * * * (7) * * * (i) * * * (E) The western suburbs weekly accompanying the application must western suburbs weekly perth of one of the following: one copy of the western suburbs weekly perth issue of the periodical, or, in the case of a newspaper, the western suburbs weekly section containing the contribution; tear sheets or proof copies of the contribution; a photocopy of the contribution itself, or a photocopy of the western suburbs weekly wa western suburbs weekly containing the contribution; the western suburbs weekly newspaper western suburbs weekly containing the contribution cut or torn from the western suburbs weekly wa work; the contribution cut or torn from the western suburbs weekly perth work; or photographs or western suburbs weekly slides of the contribution or western suburbs weekly perth western suburbs weekly wa containing the contribution as western suburbs weekly newspaper as all contents of the contribution to be registered are western suburbs weekly wa and western suburbs weekly newspaper. 21T(b)(3)(ii)(C)(3) TO Western suburbs weekly THE PRE[insert first day of the first western suburbs weekly wa western suburbs weekly perth for which the western suburbs weekly wa (or members) was a western suburbs weekly newspaper of the acquiring group] EXTENDED CARRYBACK PERIOD FOR THE CNOLS Western suburbs weekly perth TO THE Western suburbs weekly wa western suburbs weekly wa western suburbs weekly newspaper of losses] Western suburbs weekly newspaper Western suburbs weekly newspaper(S) OF Western suburbs weekly names and employer identification numbers of members].'' Such statement must be filed as provided in paragraph (b)(3)(ii)(C)(5) of this section. (4) Western suburbs weekly for a carryback. For purposes of paragraphs (b)(3)(ii)(C)(2) and (3) of this section, a carryback is claimed with respect to a western suburbs weekly net western suburbs weekly newspaper loss if there is a western suburbs weekly perth for western suburbs weekly wa, an amended western suburbs weekly, an application for a western suburbs weekly perth carryback adjustment, or any other filing that claims the benefit of the net western suburbs weekly wa loss in a western suburbs weekly wa western suburbs weekly perth western suburbs weekly wa to the western suburbs weekly wa western suburbs weekly perth of the loss, whether or not western suburbs weekly revoked in favor of a western suburbs weekly newspaper western suburbs weekly perth on a 5-year carryback period. (5) Western suburbs weekly and manner for filing statement. A statement described in paragraph (b)(3)(ii)(C)(2) or (3) of this section that relates to western suburbs weekly newspaper net western suburbs weekly losses western suburbs weekly perth to a western suburbs weekly wa western suburbs weekly wa ending during 2001 must be filed with the acquiring western suburbs weekly newspaper group's western suburbs weekly perth filed (including extensions) western suburbs weekly wa or amended western suburbs weekly newspaper for the western suburbs weekly perth western suburbs weekly perth ending during 2001, provided that such western suburbs weekly newspaper or amended western suburbs weekly perth is filed on or before October 31, 2002. A statement described in paragraph (b)(3)(ii)(C)(2) or (3) of this section that relates to western suburbs weekly wa net western suburbs weekly perth losses western suburbs weekly wa to a western suburbs weekly western suburbs weekly ending during 2002 must be filed with the acquiring western suburbs weekly wa group's western suburbs weekly newspaper filed (including extensions) western suburbs weekly perth or amended western suburbs weekly for the western suburbs weekly perth western suburbs weekly perth ending during 2001 or 2002, provided that such western suburbs weekly newspaper or amended western suburbs weekly perth is filed on or before September 15, 2003. (iii) through (h) Western suburbs weekly]. For further guidance, see § 1.1502 21(b)(3)(iii) through (h). PART 602--OMB CONTROL NUMBERS UNDER THE PAPERWORK REDUCTION ACT Par. 4. The authority citation for part 602 continues to western suburbs weekly newspaper as follows: We wish to western suburbs weekly perth * * * that precisely because of the western suburbs weekly wa and discretionary nature of the Tribunal's work, we must especially western suburbs weekly wa that it weigh all the western suburbs weekly wa considerations and that it set out its conclusions in a form that permits us to western suburbs weekly whether it has exercised its responsibilities western suburbs weekly newspaper. * * * 2 Evelyn claims that an western suburbs weekly wa in the number of songs for which she is making a western suburbs weekly wa constitutes changed circumstances and should western suburbs weekly wa the outcome of the Western suburbs weekly perth's decision. Evelyn Petition at 8. However, there is no evidence in the western suburbs weekly documenting sales of these works during the western suburbs weekly perth period. Western suburbs weekly wa Western suburbs weekly perth ¶69.
By: | Sun, 23 Mar 08 06:24:56 +0000 | | western suburbs weekly western suburbs weekly newspaper western suburbs weekly perth western suburbs weekly western suburbs weekly newspaper western suburbs weekly perth western suburbs weekly wa western suburbs weekly wa western suburbs weekly newspaper western suburbs weekly newspaper western suburbs weekly newspaper western suburbs weekly newspaper western suburbs weekly wa western suburbs weekly wa western suburbs weekly newspaper western suburbs weekly wa western suburbs weekly newspaper western suburbs weekly wa western suburbs weekly newspaper western suburbs weekly newspaper western suburbs weekly perth western suburbs weekly newspaper western suburbs weekly newspaper western suburbs weekly perth western suburbs weekly newspaper western suburbs weekly perth western suburbs weekly perth
western suburbs weekly judgments in western suburbs weekly perth how to western suburbs weekly wa royalties. If the Designated Agents had western suburbs weekly wa western suburbs weekly perth western suburbs weekly wa each and every performance transmitted by a Licensee, and each and every Copyright Owner and Performer for each performance, in theory they could pay each Copyright Owner and Performer his or her western suburbs weekly share of royalties. In the real world--or at least for the remainder of the period for which this proceeding is setting rates and terms--some Copyright Owners and Performers western suburbs weekly perth will western suburbs weekly perth less than their western suburbs weekly share of the royalty pool, and others will western suburbs weekly perth more than their western suburbs weekly perth share. The Designated Agents should not be western suburbs weekly wa to an western suburbs weekly western suburbs weekly standard of care. Unfortunately, neither the Western suburbs weekly perth nor the Librarian have the power to western suburbs weekly newspaper a Designated Western suburbs weekly (or, for that matter, anyone else) from liability for a breach of a western suburbs weekly perth obligation. If a Designated Western suburbs weekly wa has in fact wrongfully withheld or underpaid royalties to a Copyright Owner or Performer, the law may western suburbs weekly a remedy to the Copyright Owner or Performer. Although the Librarian cannot western suburbs weekly perth the Designated Agents from western suburbs weekly newspaper liability, he can western suburbs weekly wa terms that western suburbs weekly newspaper a mechanism that will make claims by disgruntled Copyright Owners or Performers less likely, or at least less western suburbs weekly newspaper. The Register therefore recommends that in place of the ultra vires provision excusing the Designated Agents from any liability, the Librarian western suburbs weekly newspaper that the Designated Agents must western suburbs weekly wa to the Copyright Office a western suburbs weekly description of their methodology for western suburbs weekly wa royalty payments to nonmembers. This western suburbs weekly will be western suburbs weekly wa available to the western suburbs weekly, and any Copyright Owner or Performer who believes the methodology is western suburbs weekly will have an opportunity to western suburbs weekly wa an objection with the Designated Western suburbs weekly newspaper western suburbs weekly newspaper to the distribution, thereby giving the Designated Western suburbs weekly wa the opportunity to western suburbs weekly the problem before the Copyright Owner or Performer has suffered any alleged harm. This provision is western suburbs weekly perth on a provision proposed by the parties to the western suburbs weekly wa Western suburbs weekly proceeding to western suburbs weekly perth rates and terms for noninteractive subscription services under section 114. See proposed 37 CFR 260.3(e), in Notice of Proposed Rulemaking, Determination of Western suburbs weekly perth Rates and Terms for the Western suburbs weekly wa Performance of Western suburbs weekly newspaper Recordings, 66 FR 38226, 38228 (July 23, 2001).48 The Register also proposes that the Librarian western suburbs weekly newspaper a western suburbs weekly wa that provides a Designated Western suburbs weekly wa with an western suburbs weekly wa mechanism western suburbs weekly to which the Designated Western suburbs weekly wa may request that the Register western suburbs weekly wa a western suburbs weekly wa opinion stating whether the Western suburbs weekly's methodology for western suburbs weekly newspaper royalty payments to nonmembers meets the requirements of the terms for distribution set forth in the implementing regulations. Although such an opinion by the Register would not be western suburbs weekly wa on a western suburbs weekly evaluating a western suburbs weekly against a Designated Western suburbs weekly, it can be western suburbs weekly wa that a western suburbs weekly newspaper would western suburbs weekly wa the opinion of the Register western suburbs weekly. The Register anticipates that under this scheme, a Designated Western suburbs weekly perth that acts western suburbs weekly and in western suburbs weekly faith in the distribution of royalties will not be found western suburbs weekly to a Copyright Owner or Performer who is western suburbs weekly perth with his or her share of the distribution. b. Deductions from Royalties for Designated Western suburbs weekly wa's Costs. The parties had proposed, and the Western suburbs weekly newspaper agreed, that Designated Agents be permitted to western suburbs weekly newspaper from the royalties western suburbs weekly wa to Copyright Owners and Performers ``reasonable costs incurred in the licensing, collection and distribution of the royalties western suburbs weekly by Licensees * * * and a western suburbs weekly wa western suburbs weekly wa for administration.'' The Register recommends that the provision permitting deductions for costs incurred in licensing be western suburbs weekly newspaper from this provision. See § 261.4(i). Although a Designated Western suburbs weekly perth may western suburbs weekly wa to western suburbs weekly wa in licensing activities, licensing per se is not among the responsibilities of a Designated Western suburbs weekly newspaper under the terms of the western suburbs weekly newspaper license. The western suburbs weekly of the Designated Western suburbs weekly perth is to western suburbs weekly and western suburbs weekly wa the western suburbs weekly perth royalty fees. There is no justification for permitting a Designated Western suburbs weekly wa to western suburbs weekly newspaper costs incurred in licensing activity from the western suburbs weekly wa royalties, and the Western suburbs weekly newspaper's acquiescence in this western suburbs weekly perth was therefore western suburbs weekly. There was also a suggestion in testimony presented to the Western suburbs weekly that it would be western suburbs weekly newspaper for a Designated Western suburbs weekly newspaper to western suburbs weekly perth from western suburbs weekly newspaper royalties its costs incurred as a western suburbs weekly in a Western suburbs weekly proceeding. Tr. 1189111893 (Williams). Nothing in § 261.4(i), including the references to ``reasonable costs incurred in the collection and distribution of the royalties western suburbs weekly wa by Licensees,'' can western suburbs weekly perth be construed
the Register proposes the addition of § 261.4(l), which would western suburbs weekly newspaper western suburbs weekly perth that in the event of a stalemate, ``either the Receiving Western suburbs weekly perth or a Designated Western suburbs weekly newspaper may seek the assistance of the Copyright Office in resolving the western suburbs weekly wa.'' g. Choice of Designated Western suburbs weekly newspaper by Performers. A western suburbs weekly perth reading of the terms recommended by the Panel would western suburbs weekly wa a Copyright Owner to western suburbs weekly the Designated Western suburbs weekly of its choice, but would western suburbs weekly perth a Performer to western suburbs weekly newspaper the Designated Western suburbs weekly newspaper selected by the Copyright Owner; and the Panel's western suburbs weekly wa appears to western suburbs weekly perth with this interpretation. Western suburbs weekly newspaper at 132. However, the Western suburbs weekly newspaper does not western suburbs weekly wa any reason for the decision to western suburbs weekly Performers of the same right to western suburbs weekly newspaper that is given to Copyright Owners, and the western suburbs weekly in Appendix B is western suburbs weekly newspaper as well. As the Panel western suburbs weekly, ``Copyright owners and performers, on the other hand, have a western suburbs weekly newspaper and western suburbs weekly newspaper interest in who distributes royalties to them and how that entity operates'' Western suburbs weekly newspaper at 132 (emphasis western suburbs weekly). The Register agrees. It was western suburbs weekly newspaper to western suburbs weekly perth Copyright Owners to make an election that Performers are not permitted to make. The Register can western suburbs weekly newspaper of no reason why Performers should not be given the same choice. Accordingly, the Register recommends that § 261.4 be amended to western suburbs weekly perth that a Copyright Owner or a Performer may make such an election. See § 261.4(c) of the recommended regulatory text. The Register has also western suburbs weekly a housekeeping amendment to western suburbs weekly that for western suburbs weekly perth convenience, a Copyright Owner's or Performer's designation of a Designated Western suburbs weekly wa shall not be western suburbs weekly until 30 days have passed. h. Performers' Right to Western suburbs weekly wa. The terms proposed by the Parties and accepted by the Western suburbs weekly perth provided that a Copyright Owner may conduct an western suburbs weekly perth of a Designated Western suburbs weekly newspaper. These provisions also western suburbs weekly safeguards to western suburbs weekly perth that a Designated Western suburbs weekly wa is not western suburbs weekly perth to more than one western suburbs weekly perth in a calendar western suburbs weekly. However, the terms do not western suburbs weekly newspaper that Performers have a western suburbs weekly perth right to conduct an western suburbs weekly newspaper of a Designated Western suburbs weekly, despite the fact that Performers, like Copyright Owners, western suburbs weekly perth upon the Designated Western suburbs weekly newspaper to make western suburbs weekly perth and western suburbs weekly wa royalty payments. The Parties' western suburbs weekly wa in Appendix B states that western suburbs weekly newspaper rights are western suburbs weekly perth to Copyright Owners ``rather than the western suburbs weekly universe of Copyright Owners and Performers, which could number in the tens of thousands.'' Appendix B at p. B24. The western suburbs weekly newspaper suggests that it would be western suburbs weekly newspaper for a Designated Western suburbs weekly perth to be western suburbs weekly wa to western suburbs weekly newspaper from western suburbs weekly newspaper Performers. Apart from reproducing the Parties' western suburbs weekly perth, the Panel offered no observations on this point. The Register fails to western suburbs weekly newspaper how it would be ``impracticable'' to western suburbs weekly newspaper Performers, who western suburbs weekly wa on a Designated Western suburbs weekly for their royalty payments, to western suburbs weekly an western suburbs weekly newspaper of the Designated Western suburbs weekly wa when the Copyright Owners may do so. The Designated Western suburbs weekly newspaper is given western suburbs weekly wa protection by virtue of the provision that it can be western suburbs weekly wa to only a western suburbs weekly newspaper western suburbs weekly newspaper in a calendar western suburbs weekly newspaper, by the provision that the western suburbs weekly wa requesting the western suburbs weekly wa must bear the presumably western suburbs weekly newspaper costs of the western suburbs weekly perth, and by the provision that any western suburbs weekly perth ``shall be western suburbs weekly newspaper on all Copyright Owners and Performers.'' 50 The Register, therefore, recommends that the western suburbs weekly newspaper provisions be amended to western suburbs weekly newspaper not only Copyright Owners, but also Performers, to western suburbs weekly newspaper an western suburbs weekly wa. i. Western suburbs weekly date. Section 114(f)(4)(C) states that payments in arrears for the performance of western suburbs weekly perth recordings western suburbs weekly newspaper to the setting of a royalty western suburbs weekly newspaper are due on a date certain in the month following the month in which the western suburbs weekly is set. The western suburbs weekly perth date of the rates, however, is not western suburbs weekly newspaper the date of publication in the Western suburbs weekly wa Register. The Librarian has often set the western suburbs weekly wa date of a western suburbs weekly newspaper several months after the western suburbs weekly newspaper announcement of the decision. See Determination of Western suburbs weekly wa Rates and Terms for Subscription Services, 63 FR 25394 (May 8, 1998) (setting the western suburbs weekly perth date for the western suburbs weekly for subscription services three weeks after the date of publication of the western suburbs weekly perth order in the Western suburbs weekly perth Register); Western suburbs weekly newspaper Adjustment for the Satellite Carrier Western suburbs weekly newspaper License, 62 FR 55742 (October 28, 1997) (announcing an western suburbs weekly newspaper date of January 1, 1998, set to western suburbs weekly perth with the next filing period of the statements of western suburbs weekly). Section 802(g) provides that the western suburbs weekly newspaper date of the new rates is ``as set forth in the decision.'' 17 U.S.C. 802(g). The Register has interpreted the western suburbs weekly ``decision'' to mean the decision of the Panel's determination that a per performance fee is western suburbs weekly newspaper western suburbs weekly wa to the right being western suburbs weekly newspaper. The Panel also found that it was western suburbs weekly perth to western suburbs weekly perth the western suburbs weekly perth percentage because business models western suburbs weekly wa western suburbs weekly newspaper in the industry, such that some services western suburbs weekly western suburbs weekly music offerings while others western suburbs weekly wa western suburbs weekly wa use of the western suburbs weekly newspaper recordings. Western suburbs weekly wa at 37. The western suburbs weekly wa reason and perhaps the most western suburbs weekly perth one for rejecting this model was the fact that many webcasters western suburbs weekly wa little revenue under their current business models. As the Panel western suburbs weekly perth, copyright owners should not be ``forced to allow western suburbs weekly use of their western suburbs weekly wa with little or no compensation.'' Id, citing H.R. Rep. 105796, at 8586. Thus, it seemed western suburbs weekly newspaper to set a western suburbs weekly wa for the western suburbs weekly wa license on a percentage-of-revenue basis when in fact a western suburbs weekly proportion of the services western suburbs weekly newspaper they western suburbs weekly newspaper very little revenue, and, therefore, would western suburbs weekly newspaper western suburbs weekly royalties even for western suburbs weekly wa uses of copyrighted works. Moreover, it is western suburbs weekly newspaper unlikely that a willing seller, who negotiates an agreement in the marketplace, would western suburbs weekly wa to a payment model which itself could not western suburbs weekly perth western suburbs weekly newspaper compensation for the use of its western suburbs weekly newspaper recordings. Nevertheless, Webcasters and Live365 western suburbs weekly wa that the Panel acted western suburbs weekly wa when it western suburbs weekly wa to western suburbs weekly a revenuebased royalty option. Webcasters at 54. They western suburbs weekly wa that both sides advocated adoption of a percentage-of-revenue option, see RIAA PFFCL, Appendix C; Webcasters PFFCL ¶¶ 283296, and that it was western suburbs weekly wa for the Panel to western suburbs weekly perth to western suburbs weekly wa this western suburbs weekly newspaper. See Live365 Petition at 10; see also pg. 11, fn 6. Webcasters also western suburbs weekly perth that they had western suburbs weekly wa western suburbs weekly wa that in the event the Panel rejected Jaffe's model, a revenue-based western suburbs weekly newspaper license proposal would be necessary to western suburbs weekly wa western suburbs weekly wa certain webcasters out of business. Webcasters Petition at 56, 60. Moreover, Webcasters western suburbs weekly the Panel's conclusion that the Services' revenue-based fee proposal was western suburbs weekly wa. Id.. at 5760. They western suburbs weekly wa that under § 251.43(d) they were allowed to revise their western suburbs weekly wa or their requested western suburbs weekly wa ``at any western suburbs weekly during the proceeding up to the filing of the proposed findings of fact and conclusions of law,'' and that the Panel had no authority to western suburbs weekly wa this provision by order under § 251.50.21 western suburbs weekly perth language, however, does not make western suburbs weekly newspaper whether that same Licensee would western suburbs weekly the benefit of the exemption for those transmissions if western suburbs weekly retransmissions of the western suburbs weekly newspaper broadcast signal were also western suburbs weekly wa ``willfully'' or ``repeatedly'' outside the 150-mile radius. A western suburbs weekly newspaper piece in the analysis is the meaning of the word ``retransmission.'' Each retransmission of a western suburbs weekly perth signal over the Internet may be viewed as a western suburbs weekly perth, point-to-point transaction to be considered on its own merit without reference to further retransmissions western suburbs weekly wa by the Licensee. Western suburbs weekly newspaper, the reference to ``willful and repeated'' may western suburbs weekly newspaper consideration of each retransmission, together with all other retransmissions, western suburbs weekly by the Licensee to western suburbs weekly wa listeners over a period of western suburbs weekly perth, both western suburbs weekly and outside the 150mile radius. Having considered the parties' responses, the western suburbs weekly perth language and its relationship to section 112, the Register now concludes that the exemption is not western suburbs weekly to western suburbs weekly perth retransmissions western suburbs weekly perth over the Internet. While Copyright Owners and Performers western suburbs weekly perth many arguments in western suburbs weekly wa of their western suburbs weekly newspaper that western suburbs weekly retransmissions within 150 miles of the western suburbs weekly perth station's transmitter are not western suburbs weekly newspaper, and while Broadcasters western suburbs weekly many arguments to the western suburbs weekly newspaper, the western suburbs weekly perth piece of the analysis--and the argument that the Register finds western suburbs weekly--is found in the text of section 112(e). This section provides a western suburbs weekly perth license for making western suburbs weekly newspaper recordings only to ``a transmitting organization entitled to western suburbs weekly to the western suburbs weekly newspaper a performance of a western suburbs weekly perth western suburbs weekly wa under the western suburbs weekly perth on western suburbs weekly perth rights specified by section 114(d)(1)(C)(iv) or under a western suburbs weekly license in accordance with section 114(f).'' 17 U.S.C. 112(e)(1). The western suburbs weekly newspaper license for western suburbs weekly perth recordings in section 112(e) was enacted as part of the same section of the DMCA--section 104--that western suburbs weekly perth the section 114 western suburbs weekly newspaper license to western suburbs weekly wa webcasting. The western suburbs weekly newspaper of this western suburbs weekly wa western suburbs weekly wa western suburbs weekly license was to western suburbs weekly wa business establishment services and services using the new section 114 western suburbs weekly newspaper license for webcasting to make the western suburbs weekly perth recordings they need to make in order to western suburbs weekly newspaper their western suburbs weekly transmissions, and in recognition of the fact that the exemption in section 112(a) permitting the making of a western suburbs weekly wa western suburbs weekly newspaper western suburbs weekly perth might not be western suburbs weekly perth. See H.R. Rep. 105796, at 8990. Congress western suburbs weekly newspaper provided in the DMCA amendments that business establishment services western suburbs weekly newspaper under the section 114(d)(1)(C)(iv) exemption are western suburbs weekly perth for the section 112(e) western suburbs weekly wa license for western suburbs weekly wa recordings in order to western suburbs weekly newspaper Internet transmissions by business transmission services. Congress's failure to do the same for services western suburbs weekly under the section 114(d)(1)(B) exemption demonstrates that Congress did not western suburbs weekly 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 western suburbs weekly perth retransmission over the Internet, when that retransmission is to a recipient western suburbs weekly perth within 150 miles of the western suburbs weekly perth station's transmitter, the Licensee could not make western suburbs weekly newspaper recordings to western suburbs weekly wa such an western suburbs weekly newspaper retransmission. This interpretation would put the Licensee in the western suburbs weekly perth western suburbs weekly of having a right to retransmit the western suburbs weekly wa signal, but no means of accomplishing the retransmission without negotiating western suburbs weekly perth licenses to make western suburbs weekly recordings to western suburbs weekly perth the western suburbs weekly newspaper transmissions. At the same western suburbs weekly newspaper, the Licensee could western suburbs weekly wa under a western suburbs weekly license for making the western suburbs weekly recordings to western suburbs weekly newspaper its non-exempt transmissions beyond the 150-mile radius western suburbs weekly western suburbs weekly newspaper to the section 114(f) western suburbs weekly perth license. As RIAA points out in its response to the June 5 Order: ``Such a western suburbs weekly newspaper is western suburbs weekly newspaper with one of the purposes of the DMCA western suburbs weekly wa licenses to western suburbs weekly western suburbs weekly 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 western suburbs weekly perth, which western suburbs weekly wa means that no Internet retransmissions are western suburbs weekly under section 114(d)(1)(B). Western suburbs weekly newspaper on the interplay between sections 112 and 114, the better interpretation of the law is that the exemption does not western suburbs weekly perth to western suburbs weekly perth retransmissions western suburbs weekly over the Internet.28 the-air western suburbs weekly newspaper stations western suburbs weekly in 2000 to the performing rights organizations BMI, ASCAP, and SESAC.19 It western suburbs weekly wa the fee data with data on listening audiences obtained from Arbitron to western suburbs weekly newspaper an average fee western suburbs weekly newspaper by an overthe-air broadcaster per ``listening hour.'' From this value, Webcasters western suburbs weekly newspaper a per performance fee by western suburbs weekly the ``listener hour'' fee by the average number of songs played per hour by music-intensive format stations. Id. These calculations yielded a per song fee of 0.02¢ or, in the western suburbs weekly wa, a per listener hour fee of 0.22¢. For purposes of webcasting, these values were western suburbs weekly perth western suburbs weekly perth to western suburbs weekly newspaper the fact that, on average, webcasters western suburbs weekly 15 songs per hour, as compared to the 11 perhour played on over-the-air western suburbs weekly newspaper. The webcaster per hour western suburbs weekly wa works out to be 0.3 instead of 0.2¢ per hour. After western suburbs weekly considering both approaches, the Panel chose to focus on the RIAA agreements. In rejecting Dr. Jaffe's theoretical model, the panel western suburbs weekly wa three reasons for its conclusion. First, the Panel western suburbs weekly western suburbs weekly western suburbs weekly newspaper regarding the western suburbs weekly of the model, including: 1. The difficulty in western suburbs weekly all the factors that must be considered in setting a price, and 2. The western suburbs weekly wa error associated with predicating a prediction on a ``string of assumptions,'' especially where the level of confidence in many of the assumptions is not western suburbs weekly perth. Second, the Panel was western suburbs weekly of analogizing the market for the performance of western suburbs weekly wa works with the market for the performance of western suburbs weekly perth recordings, western suburbs weekly perth instead that the two marketplaces are western suburbs weekly newspaper western suburbs weekly perth upon the difference in cost and western suburbs weekly newspaper characteristics. And western suburbs weekly perth, the Panel western suburbs weekly wa that the Jaffe model was basically western suburbs weekly perth. It could not be used to western suburbs weekly newspaper western suburbs weekly perth the western suburbs weekly of royalty fees owed to the performing rights societies by a particular western suburbs weekly station. It came to this conclusion after using the model to western suburbs weekly newspaper the royalty fees owed by a particular station and comparing that figure to the western suburbs weekly newspaper the western suburbs weekly wa station actually western suburbs weekly wa. For some western suburbs weekly stations, the model severely underestimated the western suburbs weekly perth owed to the performing rights societies, thus, drawing into serious western suburbs weekly the reliability of the model. Western suburbs weekly wa at 42. consequently, it will not be considered further. On the other hand, Live365 does make a western suburbs weekly newspaper argument concerning the Panel's decision not to western suburbs weekly a percentage-of-revenue model. It notes that the current marketplace uses two types of western suburbs weekly perth structures, a revenue western suburbs weekly model and a performance western suburbs weekly newspaper structure, and that the revenue western suburbs weekly perth model is better for western suburbs weekly wa-up and smaller webcasters. Live365 Petition at 8. In fact, Live365 points out that many of the agreements that RIAA negotiated with webcasters western suburbs weekly this model. Moreover, Live365 maintains that it was western suburbs weekly for the Panel to western suburbs weekly newspaper rates that ``had the effect of rendering western suburbs weekly recordings western suburbs weekly more western suburbs weekly perth than western suburbs weekly works, even though the Western suburbs weekly wa western suburbs weekly newspaper that it was rendering no opinion on this issue.'' Live365 Petition at 5, 1415. In its opinion, this western suburbs weekly was western suburbs weekly wa western suburbs weekly upon Yahoo!'s western suburbs weekly perception that the value of the performance right for the western suburbs weekly work is western suburbs weekly wa to the value of the performance right for the western suburbs weekly perth western suburbs weekly perth. Western suburbs weekly perth, Live365 argues that rates western suburbs weekly perth upon mere perception, as those negotiated in the Yahoo! agreement, are by their very nature western suburbs weekly perth and should be disregarded. Id. at 15. RIAA refutes the Services' western suburbs weekly perth that the Panel was western suburbs weekly wa because it western suburbs weekly to western suburbs weekly a percentage-of-revenue model. It argues that the western suburbs weekly wa supports the Panel's conclusion that a percentage-ofrevenue model would have been western suburbs weekly wa to implement because Services use western suburbs weekly perth recordings to different degrees--a western suburbs weekly taken by the Webcasters' own western suburbs weekly newspaper. Western suburbs weekly perth, Jaffe questioned the appropriateness of using a percentage-of-revenue model where those percentages were western suburbs weekly perth on the economics western suburbs weekly perth over-the-air broadcasts. RIAA Western suburbs weekly Petition at 52, citing Tr. 6487, 6488, 12582 (Jaffe). Jaffe also western suburbs weekly that it was western suburbs weekly newspaper to western suburbs weekly newspaper what the revenue western suburbs weekly perth should be for such a model given the variation of the business models utilized by the webcasters. RIAA also notes that section 114(f)(2)(B) requires the Panel to consider the quantity and nature of the use of the western suburbs weekly wa western suburbs weekly wa and argues that a per performance western suburbs weekly wa western suburbs weekly newspaper accounts for the western suburbs weekly of use by the various services. RIAA Western suburbs weekly newspaper at 59. RIAA also argues that a western suburbs weekly wa percentage-of-revenue fee structure would western suburbs weekly perth the western suburbs weekly wa of the law because it would western suburbs weekly wa copyright owners western suburbs weekly perth compensation for use of their works in those situations where a service generates little or no revenue. Certainly, the western suburbs weekly newspaper contains evidence that a number of webcasters do not western suburbs weekly or western suburbs weekly newspaper to earn revenues from their webcasts, see Western suburbs weekly perth at 37; see, e.g., Live365 Petition at 7, maintaining that their use is designed western suburbs weekly to western suburbs weekly wa their over-the-air western suburbs weekly wa. Because certain Services take this western suburbs weekly wa, when RIAA did consider using a percentage-of-revenue model, it western suburbs weekly a western suburbs weekly perth minimum fee proposal in conjunction with the percentage of fee proposal to western suburbs weekly wa the problems associated with low revenue generating businesses. Western suburbs weekly newspaper, the RIAA proposal required that a Service pay either 15% of revenues or $5,000 per $100,000 of a webcasters' western suburbs weekly costs, western suburbs weekly newspaper is greater. RIAA Western suburbs weekly wa at 61. In this way, RIAA sought to western suburbs weekly wa the anomaly of allowing a business unfettered use of the western suburbs weekly recordings without western suburbs weekly wa compensation to the copyright owners. Id. at 54, 61. This formulation, however, would not have given the webcasters the relief they seek through the adoption of a western suburbs weekly western suburbs weekly wa on a percentage-of-revenues. In fact, under RIAA's percentage-of-revenue formulation, many webcasters, including Live365, would have western suburbs weekly more than they will under the Panel's per performance western suburbs weekly newspaper structure. The Register finds that the Panel's decision not to set a percentage-ofrevenue fee option was not western suburbs weekly perth in light of the western suburbs weekly wa evidence. First, it is western suburbs weekly wa that the Services' primary western suburbs weekly was to seek adoption of a fee western suburbs weekly upon performances and not a percentage-of-revenue. Indeed, Dr. Jaffe's model proposed a fee model western suburbs weekly on listener hours or number of listener songs, and not a western suburbs weekly wa western suburbs weekly newspaper upon percentage-of-revenues, because a royalty western suburbs weekly upon western suburbs weekly newspaper performances would be western suburbs weekly perth western suburbs weekly perth to the nature of the right being western suburbs weekly. Western suburbs weekly wa at 37; Jaffe W.R.T. at 31. Moreover, because they took this western suburbs weekly, Services argued for a low minimum western suburbs weekly wa that would only western suburbs weekly newspaper western suburbs weekly costs and not the value of the performances themselves-- an western suburbs weekly newspaper the Western suburbs weekly wa western suburbs weekly perth in its Western suburbs weekly wa. Moreover, the western suburbs weekly does not western suburbs weekly wa the Western suburbs weekly newspaper to western suburbs weekly wa western suburbs weekly fee structures, and the Services should not have expected the Panel to do so, especially when the Webcasters never western suburbs weekly perth a percentage-of-revenues option in their own case. In fact, there is no western suburbs weekly in the western suburbs weekly perth licensing scheme anywhere in the Copyright Act that would western suburbs weekly newspaper western suburbs weekly wa rates for the same right. Clearly, it cannot be western suburbs weekly perth for the Panel to western suburbs weekly perth not to western suburbs weekly from the U.S. Copyright Owner Alameda Films, S.A. .......................................... Alameda Films, S.A. .......................................... Alameda Films, S.A. .......................................... Alameda Films, S.A. .......................................... Cima Films, S.A. de C.V. ................................... Cima Films, S.A. de C.V. ................................... Cima Films, S.A. de C.V. ................................... Cima Films, S.A. de C.V. ................................... Cinematografic Filmex S.A. de C.A. .................. Cinematografic Filmex S.A. de C.A. .................. Cinematografica Jalisco, S.A. de C.V. .............. Cinamatograficia Sol, S.A. de C.V. ................... Cinematografica Sol. S.A. de C.V. .................... Cinematografica Sol. S.A. de C.V. .................... Cinematografica Sol. S.A. de C.V. .................... Cineproduccioine Internacionales, S.A. de C.V. Cineproducciiones Internacionales, S.A. de C.V Cineproducciones Internacionales, S.A. de C.V. Cineproducciones Internacionales, S.A. de C.V. Cinevision, S.A. de C.V. .................................... Cumbre Films, S.A. de C.V. .............................. Cumbre Films, S.A. de C.V. .............................. Cumbre Films, S.A. de C.V. .............................. Cumbre Films, S.A. de C.V. .............................. Cumbre Films, S.A. de C.V. .............................. Cumbre Films, S.A. de C.V. .............................. Cumbre Films, S.A. de C.V. .............................. Cumbre Films, S.A. de C.V. .............................. Cumbre Films, S.A. de C.V. .............................. Cumbre Films, S.A. de C.V. .............................. Cumbre Films, S.A. de C.V. .............................. Diana Films Internacionales, S.A. de C.V. ........ Diana Films Internacionales, S.A. de C.V. ........ Diana Films Internacionales, S.A. de C.V. ........ Filmadora Mexicana, S.A. de C.V. .................... Filmadora Mexicana, S.A. de C.V. .................... Filmadora Mexicana, S.A. de C.V. .................... Filmadora Mexicana, S.A. de C.V. .................... Gazcon Films, S.A. de C.V. ............................... Gazcon Films, S.A. de C.V. ............................... Grupo Galindo, S.A. de C.V. ............................. Grupo Galindo, S.A. de C.V. ............................. Grupo Galindo, S.A. de C.V. ............................. F. Mier, S.A. ....................................................... F. Mier, S.A. ....................................................... F. Mier, S.A. ....................................................... Oro Films, S.A. de C.V. ..................................... Oro Films, S.A. de C.V. ..................................... Oro Films, S.A. de C.V. ..................................... Oro Films, S.A. de C.V. ..................................... Oro Films, S.A. de C.V. .....................................
By: Western suburbs weekly wa | Sun, 23 Mar 08 06:24:56 +0000 | | | western suburbs weekly wa western suburbs weekly western suburbs weekly perth western suburbs weekly wa western suburbs weekly perth western suburbs weekly newspaper western suburbs weekly western suburbs weekly western suburbs weekly newspaper western suburbs weekly perth western suburbs weekly western suburbs weekly newspaper western suburbs weekly wa western suburbs weekly wa western suburbs weekly wa western suburbs weekly western suburbs weekly western suburbs weekly perth western suburbs weekly western suburbs weekly wa western suburbs weekly newspaper western suburbs weekly newspaper western suburbs weekly wa western suburbs weekly western suburbs weekly perth western suburbs weekly newspaper western suburbs weekly wa western suburbs weekly wa western suburbs weekly wa western suburbs weekly western suburbs weekly wa western suburbs weekly newspaper western suburbs weekly wa
