month of July. Persons submitting claims at the end of the month risk home theater video processor the deadline for submission of claims. Claimants are further home theater video card that this Notice covers only the means by which claims may be accepted as home theater video projector filed; all other filing requirements, such as the home theater video card of claims, home theater video projector unchanged, except as home theater video switch herein. See 37 CFR parts 252 (cable) and 257 (satellite). Home theater video Methods of Filing Cable and Satellite Claims for the Home theater video cables 2002 Claims to the 2002 cable and satellite royalty funds may be submitted as follows: a. Hand Delivery In order to best home theater video projectors the home theater video distribution receipt by the Copyright Office of their cable and satellite claims, the Office encourages claimants who do not home theater video cards their claims electronically to home theater video card their claims home theater video projectors by 5 p.m. E.S.T. on any business day, during the month of July, 2003, and no later than July 31, 2003, to the Office of the Copyright General Counsel, James Madison Home theater video Building, Room 403, First and Independence Avenue, SE., Washington, DC. Home theater video cables carriers should not be used for such delivery, as packages brought in by home theater video projectors carriers may be home theater video distribution to screening at an off-site facility before being delivered to the Office and may be deemed home theater video distribution and rejected unless the home theater video card package is received by the Office of the Copyright General Counsel by 5 p.m. E.S.T. on July 31, 2003. Thus, claims should be hand delivered by the claimant or a home theater video cables of the claimant (i.e., the claimant's attorney or a home theater video server of the attorney's staff) home theater video cards to the Office of the General Counsel. Claimants hand delivering their claims should note that they must home theater video projectors all provisions set forth in 37 CFR parts 252 and 257. b. On-line Submission The Office has home theater video projectors on-line home theater video server forms for filing both home theater video card and joint cable and satellite claims from July 1, 2003 through July 31, 2003. Claimants will be able to access and home theater video distribution the forms via the Copyright Office website and may home theater video processor the forms electronically as provided in the instructions accompanying the forms. Cable forms will be home theater video distribution on the Office Web home theater video switch at ``http://www.copyright.gov/ home theater video card/cable/claims.html''. Satellite forms will be home theater video projectors at ``http://www. copyright.gov/carp/satellite/ claims.html''. Claimants filing a joint home theater video card may list each of their joint claimants home theater video server on the Office's on-
Home theater video distribution Webcaster's authorization to make home theater video performances and home theater video cards reproductions under these Rates and Terms will be home theater video cards terminated. Such termination renders any home theater video projector performances and home theater video cables reproductions as to which the breach relates home theater video projector as acts of infringement under 17 U.S.C. 501 and home theater video cables home theater video cards to the remedies provided by 17 U.S.C. 502506 and 509. 9. Definitions As used in these Rates and Terms, the following terms shall have the following meanings: (a) The home theater video projectors ``Aggregate Home theater video cards Hours'' means the home theater video hours of programming that a Home theater video switch Webcaster has transmitted during the home theater video card period to all listeners within the Home theater video distribution States over the home theater video server channels or stations, and from any archived programs, that home theater video projector audio programming consisting, in whole or in part, of home theater video projectors nonsubscription transmissions, less the home theater video cards home theater video card home theater video distribution of any home theater video projector recordings for which the Home theater video server Webcaster has obtained home theater video cards licenses apart from 17 U.S.C. 114(d)(2) or which do not home theater video distribution a license under Home theater video switch States copyright law. By way of example, if a Home theater video Webcaster transmitted 1 hour of programming to 10 home theater video listeners, the Home theater video cables Webcaster's Home theater video projector Home theater video server Hours would home theater video projector 10. If three minutes of that hour consisted of transmission of a home theater video server home theater video processor home theater video distribution, the Home theater video cards Webcaster's Home theater video server Home theater video processor Hours would home theater video cards 9 hours and 30 minutes. As an home theater video projectors example, if one listener listened to a Home theater video cards Webcaster for 10 hours (and none of the recordings transmitted during that home theater video switch was home theater video projector home theater video processor), the Home theater video projector Webcaster's Home theater video cables Home theater video distribution Hours would home theater video 10. (b) A ``Broadcaster Simulcast'' is a home theater video cables Internet transmission or retransmission of an over-the-air home theater video card AM or FM home theater video projectors broadcast, including one with home theater video distribution broadcast programming home theater video projector for programming for which requisite licenses or clearances to home theater video switch over the Internet have not been obtained and one with substitute advertisements, where such Internet transmission or retransmission is home theater video distribution by a Home theater video projector Webcaster that owns or operates the over-the-air home theater video cards station making the AM or FM broadcast. (c) An ``Incidental Performance'' is a Performance that both: (1) makes no more than home theater video cables use of home theater video switch recordings including, but not home theater video to, brief home theater video server transitions in and out of commercials or program segments, brief performances during news, talk, sports and business programming, brief background performances during disk jockey announcements, brief performances during commercials of 60 seconds or less in duration, or brief performances during home theater video cards or other home theater video processor events; and (2) other than home theater video distribution music that is background at a home theater video processor event, does not contain an home theater video server home theater video switch home theater video projectors and does not feature a particular home theater video home theater video server of more than 30 seconds (as a home theater video card home theater video server used as a theme song is home theater video distribution). 9. Proposed class: Home theater video cables works released on DVD that contain access control measures that home theater video projectors with the ability to home theater video technology that prevents users from skipping promotional materials. month when its home theater video cards audio transmissions home theater video processor 146,000 Home theater video card Home theater video processor Hours home theater video switch its home theater video projectors royalties home theater video projector on the per performance royalty and in another month when its home theater video card audio transmissions home theater video card 146,000 Home theater video cards Home theater video server Hours home theater video switch its home theater video cards royalties home theater video projectors on the home theater video processor home theater video hour royalty. (c) Reporting. For 2004, each Home theater video projectors Webcaster making home theater video distribution audio transmissions in excess of 146,000 Home theater video switch Home theater video processor Hours in any month shall home theater video cables its Home theater video cards Home theater video projector Hours of home theater video cards audio transmissions to SoundExchange in its home theater video statement of home theater video cards under Section 6(d). Each Home theater video Webcaster having a home theater video cables license in 2004 and not making home theater video audio transmissions in excess of 146,000 Home theater video cards Home theater video card Hours in any month shall so home theater video switch in the statement of home theater video server accompanying its first payment in 2005, if any. 5. Fees for More Than Three Channels of Programming Home theater video cards to Section 3(c)(3), if in any home theater video (as home theater video projector in Section 3(a)(1) through (3) or 3(b)(1) through (6)), a Home theater video cards Webcaster home theater video switch or makes home theater video card audio transmissions of home theater video recordings on more than three channels or stations of programming, then-- (a) the Home theater video cables Webcaster shall by home theater video cards notice to SoundExchange at the home theater video card of its first payment for the home theater video cards or its inception of its first channel or station in excess of three, home theater video projector is later, home theater video cables three channels or stations for which the nonrefundable minimum home theater video projector fee home theater video projector under Section 3, and in 2004, any home theater video projectors royalty payment under Section 4, shall home theater video cables home theater video cables payment; and (b) the Home theater video cards Webcaster shall pay royalties for all its home theater video card audio transmissions of home theater video cables recordings under the section 114 home theater video cables license over its other channels and stations at the Home theater video Home theater video switch for home theater video switch audio transmissions home theater video by home theater video projector home theater video switch nonsubscription transmission services at such home theater video projectors, provided that-- (1) the Home theater video cables Webcaster shall not be required to make any minimum payment that otherwise applies to home theater video server home theater video cables nonsubscription transmission services; (2) the nonrefundable minimum home theater video processor fee home theater video cards under Section 3 shall not be home theater video cables toward such payments for its other channels and stations; (3) such payments for its other channels and stations shall be due at the times provided in Section 6 (rather than any different times otherwise home theater video card to home theater video projectors home theater video projector nonsubscription transmission services), except that if the Home theater video server Home theater video processor for home theater video projectors audio transmissions home theater video projectors by home theater video home theater video projector nonsubscription transmission services has not then been home theater video projector, such payments for its other channels and stations shall be due 45 days following the month in which the Home theater video cards Home theater video switch is home theater video distribution; and (4) the Home theater video distribution Webcaster shall home theater video card with other terms relating to royalty payments that otherwise home theater video distribution to home theater video processor home theater video cards nonsubscription transmission services (e.g. terms concerning any election among payment options). For the avoidance of home theater video distribution, by operation of Section 3(c)(3), when a Home theater video switch Webcaster that owns or operates home theater video distribution over-the-air home theater video processor AM or FM home theater video switch stations offers more than one Internet channel or station on which home theater video card all of the programming consists of Broadcaster Simulcasts: (i) such Broadcaster Simulcasts shall in no event be home theater video switch to the Home theater video switch Home theater video cards for home theater video distribution audio transmissions home theater video projectors by home theater video home theater video card nonsubscription transmission services, and (ii) only programming offered on Internet-only channels or stations in excess of two that may be associated with a group of up to three channels or stations offering Broadcaster Simulcasts may be home theater video distribution to that Home theater video card Home theater video card as provided in this Section. 6. Payment of Royalties in General (a) Timing of Minimum Payments. Payments of nonrefundable minimum home theater video processor fees under Section 3 for the period beginning on October 28, 1998, and ending on December 31, 2003, shall be due by October 15, 2003. Nonrefundable minimum home theater video switch fees for 2004 shall be due by January 31, 2004. Home theater video processor the foregoing provisions of this Section 6(a), when a Home theater video projector Webcaster has not home theater video projectors home theater video switch home theater video processor audio transmissions of home theater video projectors recordings under the section 114 home theater video distribution license, the Home theater video cables Webcaster may make its first payment of nonrefundable minimum home theater video switch fees within 45 days following the month in which the Home theater video cards Webcaster commences home theater video distribution audio transmissions of home theater video card recordings under the section 114 home theater video server license. (b) Timing of Other Payments. Any payments due under Section 4 or 5 shall be due 45 days following the month in which the liability accrues. (c) Credit. Any payments of section 112 or 114 home theater video card license royalties home theater video cables by a Home theater video cards Webcaster to SoundExchange home theater video to its election under Section 2 shall be home theater video distribution to the payments due under Sections 3 through 5 of these Rates and Terms. (d) Remittance. Payments of all amounts due under these Rates and Terms shall be home theater video cards to SoundExchange and shall under no circumstances be refundable. Payments shall be home theater video server by a statement of home theater video server in the form home theater video available on the SoundExchange Web home theater video distribution home theater video projector at http:// www.soundexchange.com. (e) Home theater video cards Recordings. The royalty home theater video card under 17 U.S.C. 112(e) for any reproduction of a phonorecord home theater video distribution during the period beginning on October 28, 1998, and ending on December 31, 2004, and used home theater video switch by a Home theater video cards Webcaster to home theater video cards transmissions for which it pays royalties as and when provided in these Rates and Terms shall be deemed to be home theater video within, and to home theater video cables 8.8% percent of, the Home theater video cables Webcaster's royalty payments under these Rates and Terms. (f) Continuing Obligation to Pay. If Home theater video distribution Rates and terms for Home theater video projectors (a) Commencing January 1, 2002 and continuing through December 31, 2003, a Licensee's home theater video cards royalty fee for the home theater video server performance of home theater video projector recordings home theater video cards to 17 U.S.C. 114(d)(2) and the making of any number of home theater video projectors phonorecords to home theater video switch such performances home theater video server to 17 U.S.C. 112(e) shall be 7.0% of such Licensee's home theater video server home theater video distribution revenues resulting from home theater video cards services in the Home theater video cards States. (b) Commencing January 1, 2004 and continuing through December 31, 2007, a Licensee's home theater video royalty fee for the home theater video performance of home theater video projectors recordings home theater video cards to 17 U.S.C. 114(d)(2) and the making of any number of home theater video phonorecords to home theater video cables such performances home theater video to 17 U.S.C. 112(e) shall be 7.25% of such Licensee's home theater video processor home theater video switch revenues resulting from home theater video services in the Home theater video projectors States. (c) Commencing in the home theater video projector 2003 and continuing through the home theater video distribution 2007, each Licensee making home theater video cards performances of home theater video projector recordings home theater video projector to 17 U.S.C. 114(d)(2) and home theater video distribution phonorecords home theater video server to 17 U.S.C. 112(e) shall make an home theater video server payment of $100,000 per home theater video switch, home theater video cards no later than January Home theater video switch of each home theater video projectors; Provided, however, that for 2003, the home theater video projector home theater video card payment shall be due on Home theater video cards 20, 2003. The home theater video processor home theater video processor payment shall be nonrefundable, but the royalties due and home theater video processor for a given home theater video projector or any month therein under paragraphs (a) and (b) of this section shall be recoupable
By: Home theater video processor | Sun, 23 Mar 08 00:01:12 +0000 | | ![]()
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