FR 2020-29018

The document from the Federal Register details a proceeding initiated by the Copyright Royalty Judges to establish new rates and terms for using copyrighted works in public broadcasting, covering the period from January 1, 2023, to December 31, 2027. This process, occurring every five years, seeks to determine “reasonable rates and terms” for entities involved in public broadcasting activities, as defined under U.S. copyright law.

Summary

The announcement invites interested parties to participate by submitting a “Petition to Participate” through the Copyright Royalty Board’s electronic filing system, eCRB. There is a specific emphasis on ensuring that this form, along with a $150 filing fee, is submitted by February 4, 2021. The emphasis on digital submission indicates an effort to streamline the participation process through technology, potentially reflecting broader administrative shifts toward digitalization in legal and government processes.

Significant Issues or Concerns

One significant issue highlighted is the $150 fee required to file the Petition to Participate. This fee could act as a barrier for smaller entities or individuals with limited financial resources, potentially reducing the diversity of participants in this decision-making process. Additionally, the mandatory use of the eCRB electronic filing system raises concerns about technological accessibility. Participants lacking reliable internet access or familiarity with digital systems may find this requirement challenging, potentially excluding them from contributing to the proceeding.

Furthermore, the document references specific sections of the U.S. Code and the Code of Federal Regulations (CFR), which might be confusing for individuals not well-versed in legal jargon. This could limit public understanding and engagement, particularly for those unfamiliar with legal texts.

Impact on the Public

The outcomes of this proceeding could have broad implications for public broadcasting, influencing how copyrighted works are accessed and used on public platforms. By setting rates and terms, the proceeding ensures that creators are fairly compensated for their work while aiming to maintain the accessibility and quality of content available via public broadcasters.

Impact on Specific Stakeholders

For public broadcasting entities, the proceeding represents a critical moment in shaping their operational costs and compliance frameworks for the next several years. Reasonable rates are vital for these entities to continue delivering diverse and educational content without excessive financial burdens.

Conversely, smaller participants or individuals who wish to engage in the discussion may face disadvantages due to the filing fee and electronic submission requirements. These barriers could limit participation from voices that might provide significant contributions to determining fair use terms.

Overall, the document reflects ongoing efforts to strike a balance between protecting intellectual property rights and supporting the broad accessibility and dissemination of creative works through public broadcasting. However, addressing the associated participation challenges could enhance the fairness and inclusiveness of the process.

The document from the Federal Register, "Determination of Rates and Terms for Public Broadcasting (PB IV)," primarily deals with the commencement of a proceeding to set rates and terms for the use of copyrighted works by public broadcasting entities. An important aspect of this proceeding is the financial requirement for entities wishing to participate.

Filing Fee for Participation

The document specifies that there is a $150 filing fee required for each Petition to Participate in the proceeding. This fee must be paid when a party submits its Petition through the electronic Copyright Royalty Board (eCRB) system. The fee is non-negotiable and is associated with the procedure to determine reasonable rates for using copyrighted works by public broadcasting entities over a five-year period from 2023 to 2027.

Financial Barrier

One of the issues identified in the document concerns the $150 filing fee itself, which could pose a financial barrier for smaller entities or individuals who might have a significant interest in the outcome of this proceeding. These smaller entities may not have the means to pay this fee compared to larger organizations, potentially limiting equitable participation in the proceedings. The requirement to pay to have a voice in such essential determinations may inadvertently sideline those with limited financial resources.

Technology Access Issues

While the financial requisites focus primarily on the $150 filing fee, it's important to consider the related cost implications of the requirement to submit petitions exclusively through the electronic system, eCRB. Parties that are not well-versed in digital filing systems or do not have reliable internet access might find themselves at a disadvantage. While not a direct financial barrier, the costs associated with gaining access to the necessary technology and the knowledge to use it effectively are indirectly financial hurdles tied to the eCRB submission process.

Accessibility and Understanding

In addition, the document references specific legal codes and regulations that might not be readily understood by those without a legal background. While this is primarily a matter of clarity rather than direct financial impact, addressing such complexities may require legal counsel, incurring additional costs. The need for legal assistance to interpret these references could further compound the financial burden on participants.

Overall, while the direct financial references in the document are limited to the $150 filing fee, the broader implications of financial accessibility and technological access underscore significant issues related to participation in this federal process.