Before the COPYRIGHT ROYALTY JUDGES Washington, D.C. in the Matter of Distribution of the 2004, 2005, 2006 2007, 2008 and 2009 C
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Before the COPYRIGHT ROYALTY JUDGES Washington, D.C. ) In the Matter of ) ) Docket No. 2012-6 CRB CD 2004-2009 Distribution of the 2004, 2005, 2006 ) (Phase II) 2007, 2008 and 2009 ) Cable Royalty Funds ) ) ) In the Matter of ) ) Docket No. 2012-7 CRB SD 1999-2009 Distribution of the 1999-2009 ) (Phase II) Satellite Royalty Funds ) ). WRITTEN REBUTTAL STATEMENT REGARDING CLAIMS ISSUES OF THE MPAA-REPRESENTED PROGRAM SUPPLIERS VOLUME II OF II REQUEST FOR JUDICIAL NOTICE Gregory O. Olaniran D.C. Bar No. 455784 Lucy Holmes Plovnick D.C. Bar No. 488752 Kimberly P. Nguyen D.C. Bar No. 996237 Mitchell Silberberg & Knupp LLP 1818 N Street NW, 8th Floor Washington, DC 20036 (202) 355-7917 (Telephone) (202) 355-7887 (Facsimile) [email protected] [email protected] A ttorneys for MPAA-Represented Program Suppliers Dated: October 15, 2014 Before the COPYRIGHT ROYALTY JUDGES Washington, D.C. ) In the Matter of ) ) Docket No. 2012-6 CRB CD 2004-2009 Distribution of the 2004, 2005, 2006 ) (Phase II) 2007, 2008 and 2009 ) Cable Royalty Funds ) ) ) In the Matter of ) ) Docket No. 2012-7 CRB SD 1999-2009 Distribution of the 1999-2009 ) (Phase II) Satellite Royalty Funds ) ) REQUEST FOR JUDICIAL NOTICE OF CERTIFIED COPIES OF PUBLIC RECORDS. The Motion Picture Association Of America, Inc. ("MPAA"), on behalf of its member companies and other producers and/or distributors of syndicated movies, series, specials, and non-team spoils broadcast on television stations who have agreed to representation by MPAA ("MPAA-represented Program Suppliers"), respectfully requests that the Copyright Royalty Judges ("Judges") take judicial notice of the documents listed below. Each of these documents is a certified copy of the Copyright Royalty Board ("CRB") records, and, as such, is properly subject to judicial notice by the Judges. 1. Joint Notice Of Intent To Participate And Comments On The Existence Of Controversies, Docket No. 2008-2 CARP CD 2000 (September 30, 2002) (filed by Intermediary Copyright Royalty Services). 2. Joint Notice Concerning Representation, Docket No. 2008-2 CRB CD 2000-2003 (Phase II) (April 17, .2013) (filed by Intermediary Copyright Royalty Services). 3. True and correct copies of the 2004-2009 cable and 1999-2009 satellite royalty claims filed by Artist Collections Group LLC dba Worldwide Subsidy Group and Worldwide Subsidy Group LLC dba Independent Producers Group (collectively, "IPG"), that are maintained by the CRB, as follows: CABLE CLAII¥IS SATELLITE CLAIMS 2004:607,608 1999: 164, 165 2005:602,603 2000: 206, 225 2006:562,563 2001:213,214 2007:302 2002: 245, 246 2008:607 2003:268,269 2009:520 2004:311,327 2005: 340, 341 2006: 316, 317 2007:89 2008:193 2009:195 Gregory O. Olaniran D.C. Bar No. 455784 Lucy Holmes Ptovnick D.C. Bar No. 488752 Kimberly P. Nguyen D.C. Bar No. 996237 Mitchell Silberberg & Knupp LLP 1818 N Street NW, 8th Floor Washington, DC 20036 (202) 355-7917 (Telephone) (202) 355-7887 (Facsimile) [email protected] [email protected] Attorneys for Dated: October 15, 2014 MPAA-Represented Program Suppliers i COPYRIGHT ROYALTY JUDGES The Library of Congress Washington, D.C. DOCKET NO. 2008-2 CRB CD 2000-03 DISTRIBUTION OF THE 2000, 2001, 2002, (Phase II) and 2003 CABLE ROYALTY FUNDS CERTIFICATION OF DOCUNIENTS FROM COPYRIGHT ROYALTY PROCEEDINGS I certify that, under my direction, the staff of the Copyright Royalty Board (CRB) has made a reasonable search of available files at the CRB relating to proceedings before the Copyright Arbitration Royalty Panels, predecessors to the CRB. I certify that the documents attached tO this Certification are true and correct copies.of documents maintained in the offices of the CRB. The attached and certified documents are: 1. 2008-2 CARP CD 2000 - Joint Notice of Intent to Participate and Comments on the Existence of Controversies (9/30/2002) 2. 2002-8 CARP CD 2000 -Notice of Intent to Participate Fintage Publishing (9/19/2002) 3. 2003-2 CARP CD 2001 -Joint Notice of Intent to Participate and Comments on the Existence of Controversies 4. 2002-2 CARP CD 93-97 - Phase II Cable Royalty Distribution Report, Redacted Public Version (4/16/2001) 5. 2000-2 CARP CD 93-97 - ORDER (6/22/2000) 6. 2000-2 CARP CD 93-97 - ORDER (9/22/2000) 7. 2000 Cable Copyright Claims Final List 8. 2001 Cable Copyright Claims Final List 9. 2002 Cable Copyright Claims Final List 10.2003 Cable Copyright Claims Final List 11. Cable Royalty Distribution Report dated April 6, 200t (Redacted). Certification of Documents - ] The CRB has a file copy of the unredacted, Confidential Phase II Cable Royalty Distribution Report (Confidential) dated April 16, 2001. The Confidential Report issubject to a General Protective Order and the Judges will not release or distribute a copy of this Report except on motion of the requesting party, with due notice to all parties bound by the General Protective Order and an opportunity for response regarding disclosure of the Report and its contents. SIGNED this day of October, 2012. Chief Copyright Royalty Judge Certification of Documents - 2 ORIGINAL Before the 8EP L~,.2002 GENERAl UNITED STATES COPYRIGHT OFFICE OFCO LIBRARY OF CONGRESS In the Matter of ) ) Ascertainment of Controversy ) Docket No. 2002-8 CARP CD 2! 00 For The ) 2000 Cable Royalty Funds ) ) JOINT NOTICE OF INTENT TO PARTICIPATE AND COMMENTS ON THE EXISTENCE OF CONTROVERSIES L Joint Notice of Intent to Participate. Adler Media, Inc., O. Atlas Enterprises, Inc., Sandra Carter Productions, Inc., and War Productions Inc. (each a "’Claimant," collectively, the "Claimants"), hereby give notice by coun ~el, that the Claimants intend to participate in any proceeding(s) involving the Phase I allocation of 20O0 Cable royalties, and in any Phase II proceeding(s) involving the allocation of the Claimants’ re of the 2000 Cable royalties. IL Comment on the Existence of Controversies. A. Background. On July 27, 2001, Adler Media, Inc. ("Adler") authorized Independent Producers Grou ("~G") of San Antonio, Texas to file cable retransmission royalty claims for television progrm mdng broadc~’t during 2000. On August 3, 2001, the Copyright Office received IPG’s claim dated dy 3 I, 2001, identifying Adler as one of IPG’s multiple cable retransmission claimants represented by Worldwide Subsidy Group ("WSG’), a Texas limited liability company, cFb/a IPG. IPG’s clah was identified as Claim No. 608. On February 17, 1999, O. Atlas Enterprises, Inc. ("Atlas"), authorized WSG of Beverl, California, among other things, to file cable retransmission royalty claims for television progm broadcast during 2000. On August 3, 1999, Sandra Carter Productions, Inc. ("Carter"), authorized WSG, amo: t8 other things, to file cable retransmission royalty claims for television programming broadcast during ~.000. On August 4, 1998, Jay Ward Productions Inc. ("Ward") authorized WSG, among oth ~r things, to file cable retransmission royalty claims for television programming broadcast during 2000. On August 8, 2001, the Copyright Office received WSG’s cable retransmission royalty ~laim, dated July 31, 2001, which identified Atlas, Carter, and Ward as three of the multiple cable retransmission claimants represented by Artist Collections Group, a California limited liability company, d/b/a WSG. WSG’s claim was identified as Claim No. 612. Due to the pending criminal sentencing of an officer of IPG and WSG for filing fi’audul, ~nt copyright retransmission royalty claims at the Copyright Office, and other circumstances, Clai~ individually terminated their contractual relationships with IPG or WSG with respect to retrain nission royalty representation before the Copyright Office and the Copyright Arbitration Royalty Panel ("CARP") prior to the date of this filing. Each Claimant individually instructed IPG or WSG, t appropriate, to cease fi’om filing claims on his or her behalf. Adler further instructed IPG to notify all copyright collectives that IPG was no longer authorized to continue to, or to claim, to represent Adler. See Letter to Lisa Katona from Lan Adler, dated September 25, 2002 (attached). Atlas, Carter and Ward gave WSG the same instruction: See Letter to Marian Oshita from Barbara Atlas, dated September 19, 2002 (to be provided upon r~ .~luest in a supplemental filing); Letter to Marian Oshita from Sandra Carter dated September 19, 2002 (attached and redacted); and Letter to Marian Oshita from Tiffany Ward, dated September 19, Z002 (attached). In each of those letters, Claimants told IPG and WSG, as appropriate, that further correspondence from any copyright collective should be forwarded to each Claimant directly. Since the terminations of representation with IPG and WSG, Claimants have authorize~ counsel to represent their interests before the Copyright Office and CARP in order to assist CI ~mants in retrieving their cable retransmission royalty distributions for 2000. All future cornmunicatio related to year 2000 cable retransmission royalties should be made to any Claimant through the undersigned counsel. As stated in the attached correspondence, Claimants have notified IPG ~ ld WSG separately that IPG and WSG will be compensated for services rendered in accordance ~ ith the terms of their individual representation agreements. B. Controversies. Claimants foresee two controversies that could develop with respect to the distribution ~f2000 cable retransmission royalties: 1. IPG or WSG may contest counsel’s representation of Claimants. In this filing, Counsel has provided the Copyright Office and the CARP with a copy of the correspond terminating Adler’s relationship with IPG, and copies of the correspondence terminating Carte~ "S and Ward’s relationship with WSG. Upon request, Counsel will also provide Atlas’ letter oftermir ation and additional correspondence authorizing counsel to represent each Claimant’s interests befor~ the Copyright Office and the CARP. 2. Claimants intend to claim their royalties in Phase I of this procee~ ling as a portion of the funds that historically have been distributed to syndicated programming and m~ ~vies.