March 19, 2018
Judges Issue Redacted Initial Determination of Royalty Rates and Terms for Making and Distributing of Phonorecords
The Copyright Royalty Judges today issued a Redacted (PUBLIC) Initial Determination of Royalty Rates and Terms for Making and Distributing Phonorecords (Phonorecords III). The Judges have under advisement motions for rehearing, and the Initial Determination is subject to statutory review by the Acting Register of Copyrights. Publication of a Final Determination will occur in due course after the Judges rule on the pending motions for rehearing, the Acting Register of Copyrights completes her review, and the Librarian of Congress approves the Final Determination. The Redacted Initial Determination is available for viewing in eCRB.More Announcements
The Copyright Royalty and Distribution Reform Act of 2004 (CRDRA) established the Copyright Royalty Judges program in the Library of Congress. The Copyright Royalty Judges (Judges) oversee the copyright law’s statutory licenses, which permit qualified parties to use multiple copyrighted works without obtaining separate licenses from each copyright owner.
The Judges determine and adjust royalty rates and terms applicable to the statutory copyright licenses. They also oversee distribution of royalties deposited with the Copyright Office by certain statutory licensees and adjudicate controversies relating to the distributions.
The Judges are appointed by the Librarian of Congress to serve staggered six-year terms. Each may be reappointed to subsequent six-year terms. The Librarian appoints the Judges after a merit selection process.
Under the CRDRA, each judge must have a law degree and at least seven years’ legal experience. In addition, one judge must have significant knowledge of copyright law, one must have significant knowledge of economics, and one must have a minimum of five years’ judicial or quasi-judicial experience. The board of Judges consists of Judge Jesse M. Feder (copyright), Judge David R. Strickler (economics), and Judge Suzanne M. Barnett (chief judge). Judge Feder’s current term ends in January 2020; Judge Strickler’s current term ends in January 2022; and Judge Barnett’s current term ends in January 2024.
Suzanne BarnettChief Copyright Royalty Judge
Jesse FederCopyright Royalty Judge
David StricklerCopyright Royalty Judge