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Exhibit a Order Dismissing Petition to Participate of David Powell

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Exhibit a Order Dismissing Petition to Participate of David Powell Electronically Filed Docket: CONSOLIDATED 2008-3 CRB DD (2007-2011 SRF) Exhibit A FilingCONSOLIDATED Date: 04/29/2019 02:55:52 PM EDT Order Dismissing Petition to Docket No. 2008-3 CRB DD Participate of David Powell (2007-20 l l SRF) UNITED ST ATES COPYRlGHT ROY AL TY JUDGES The Library of Congress In re DETERMINATION OF ROYALTY RATES AND TERMS FOR PERFORMANCE OR DISPLAY Docket No. 16-CRB-0002 PBR OF NONDRAMATIC MUSICAL WORKS AND (2018-2022) PICTORIAL, GRAPHIC, AND SCULPTURAL WORKS BY PUBLIC BROADCASTING ENTITIES PB III ORDER DISMISSING PETITION TO PARTICIPATE OF DAVID POWELL The Copyright Royalty Judges (Judges) commenced the instant proceeding on January 5, 2016, by publishing a notice in the Federal Register seeking Petitions to Participate. 81 Fed. Reg. 256 (Jan. 5, 2016). The purpose of the proceeding is to set rates and terms under the statutory license for ce11ain uses by public broadcasting entities of published nondramatic musical works and published pictorial, graphic, and sculptural works as set forth in section 118 of the Copyright Act (Act). Mr. David Powell, acting prose, filed a Petition to Participate on February 4, 2016. Mr. Powell's Petition to Participate does not describe his interest in this proceeding. Because the Judges were unable to determine that Mr. Powell has a "significant interest" in the proceeding as required by section 803(b)(2)(C) of the Act, they issued an Order on July 25, 2016 (Order to Show Cause), directing Mr. Powell to show cause why the Judges should not dismiss his Petition to Participate in the instant proceeding for failure to demonstrate a significant interest in the proceeding. Mr. Powell 's response to the Order to Show Cause was due on August 12, 2016. Mr. Powell filed a response on August 12, 2016, styled "Supplemental Counteraffidavit Appurtenance Compulsory Counterclaim Ordered to Show Cause Not to Dismiss Proved Up" (Response). On the same date, Mr. Powell filed a document styled "An Objection Countermand Verified Motion to Vacate & Other Sua Sponte Omnibus Motion Ordered for Joint Proposal, Notice of Settlement and Status Report Ex-Parte," the purpose of which is unclear to the Judges(Objection). 1 Having reviewed the Response and the Objection, the Judges remain unable to discern that Mr. Powell has any requisite interest in this proceeding. Nothing in either document indicates that Mr. Powell is either a public broadcasting entity or the owner of copyright in a 1 Mr. Powell filed both the Response and the Objection on behalf of himself and Circle God Network, Inc. (CGN). CGN did not file a Petition to Participate (PTP), so it is not a pa1ty to this proceeding. Even if it were, as a non­ attorney, Mr. Powell would not be able to represent CGN (a corporate entity) before the Judges. See 37 C.F.R. § 350.2. The Judges did not consider any interest CGN might have in this proceeding in ruling on Mr. Powell's PTP. Order Dism issing Petition (Powell) - I published nondramatic musical work or pictori al, graphic or sculptural work.2 Nor does either document set fott h any other information on the basis of which the Judges could conclude that Mr. Powell has any substantive interest, let alone a significant interest, in the proceeding. Consequently the Judges hereby DISMISS Mr. Powell 's Petition to Participate. SO ORDERED. Digitally signed by Jesse Feder ON: c=US, o=U.5. Government, ou=Government Printing office, ou=Managed Certificates, ou=Library < • -congress, ou=Dev,ces, cn=Jesse Feder Jesse M. Fedf,f Date: 2016.08.1614:40:33-04'00' Copyright Royalty Judge DATED: August 16, 2016 1 Mr. Powell referenced two copyright registrations in the Response. See Response, at 3. The first, SRu 628-683, is for an unpub lished sound recording. The second, TXu [ I )344-005, is for an unpublished literary work. Neither category of work is subject to the statutory license in 17 U.S.C. § I 18. Order Dismissing Petition (Powell) - 2 Exhibit B Somebody Loves You, Baby CONSOLIDATED Docket No. 2008-3 CRB DD (You Know Who It Is) (2007-201 1 SRF) (AMG) Pat ti LaBelle Composed by Eugene Lambchops Curry Somebody Loves You Baby (You Know Who It Is) Bunny Sigler Release Year 1991 (1nC0 H IC.l veJr?) I Overview I ~ser Reviews Variations Attributes Sh,u e on User Reviews There are no user reviews for this song. Sign up or Log In to your AJIMusicAccount to wri le a review. + Sutter Health Plus Your Health Plan Appears On Year Artist/Album Label Time AIIMusic Rating Patti LaBelle ► _fll\~~body L_oves • ~~ 1991 4:52 on Amazon Music ., 'I/ Burnin' MCA Patti LaBelle 2002 Hip-O 4:54 Groatost Lov& Songs Song Genres All o, nres ,___ __ We currenlly don't have any genres associated with this song. Would you like to contribut o? Patti LaBelle Hlp-O 4:55 Gold ►-: 2005 Add Genre Patti LaBelle 2006 Geffen 4:16 The Definitive Collection Song Styles All Styles We currently don't have any styles associated with this song. Would you like to contribute? A.dd Styles See Top Trending Food & Fun CLOSE powered by saanibaa https :// www .alIm us ic.com /song/some body-loves-you-baby-you-know -who-it -is-m!0006 3 64 80 3 (last visited on Apr. 26, 20 19) Exhibit C CONSOLIDATED Bu.min' Docket No. 2008-3 CRB DD (AMG) (2007-2011 SRF) Patti LaBelle Burnin' AIIMUSIC Raling User Ratings ( 11 ) Your R.11mg I Overview I User Reviews Credits I Awards II Releases I Similar Albums AIIMusic Review by Ron Wynn This was more a presentation and entertainment spec1ac1e than a memorable production. Patti LaBelle greeted special guests, had a reunion wilh fonner cohorts Sarah Dash and Nona Hondryx, and put her Discography Browser usual flourishes and energy into several cuts that lacked enough distinction to benefit from her fierce .. , .~.. treatments. Although the album eventually went gold, ii was an aesthetic disappointment. Not only were ~ ~ • -. •·· lf;f..• there few hits, but there weren'I even any good singles. " Somebody Loves You Baby (You Know 'Mlo It .. .., "'· I , ~ Is)" at least had a demonslraove LaBelle lead, while "Temptation" and "When You've Been Blessed (It - Feels Like Heaven)" had decent production touches and frenetic vocals. [l>X User Reviews Tavan Scoggins June 9. 2017 Start with Tavan26 619117 I Jove this album! Bumin is an amazing album! The songs are fun and enjoyable! Read 75 Mbps Internet Moro $59~ Track Listing Sample Tille/Composer Perfonner Time Stream when you add 1 Voice Mobility line Feels Like Another One Sharon Sames I James R. Budd Elli.son/ Patti Patti LaBelle 5:08 LaBelfe I Michael Slakes ACT NOW Somebody Loves You Baby {You Know Who It ls ) Patti LaBelle 4:52 (855) 571-7882 Eugene Lamb<:hops Curry I Bunny Sigler When You Love Somebody {I'm Saving 3 My Love for You) Patti LaBelle 4:21 Jonalhan Butler f Graham Lyle I Don't Do Duets 4 Patti LaBelle 5:53 Alan Bergman I Marilyn Bergman / Marvin Hamli$cil ► _...e... 1a..,y_ ,._•~a..u ... cun,.j ~·· ---- ___on Amazon .'.\Usie ◄ i Temptation 5 Patti LaBelle 4:03 Frank,e B!ue I Martika I t.es Pierce CLO SE 6 4:54 Release Date October 1. I 99 I When You've Been Blessed (Feels Like Patti LaBelle Heaven) https://www.all music.com/album/burnin-mw0000269444/credits (last visited on Apr. 26, 20 19) Duration 59:11 Sample Tille/Composer Performer Time Stream Genre R&B James R Budd ElltSon I Jufle Gofd I Nona Hendryx , Patti La8ele I 'Maher Sig~, I Nathanial YYilk.ie Styles QuietStonn Adult Con temporary R&B Bumln' (The Fir~ l s Still) Burnin' for You EUt;;1ene Lambchops Cu,ry I Bunny Sigler I !Maller Patti LaBelle 5:28 Recording Blue Palm Sludio, Studio City, Sigler Location CA Crealive Source Studios. I Hear Your Voice Studio City, CA 8 Rosie Gaines I Frances Jutes I FranciS Jules I Patti LaBelle 4:22 Hit Factory Studios, New York, Paisley Park NY Larrabee Sound Studios, Los We're Not Makin' Love Anymore Angeles, CA 9 Palli LaBelle 4:42 Michael Botton I Diane warren Paisley Park Studios Plant Recording Studios. Release Yourself Sausalito. CA 10 Patti LaBelle 4:54 Nona Hendryx / warren McRae Sigma Sound Studios. Philadelphia, PA Vanguard Recording Complex, Lovo Nover Dies Oak Park, Ml 11 Palli La8e!Je / Clarence McOona)d J Sarru McKinney Patti LaBelle 5:33 / Michael Thomas Submit Corrections Crazy Love 12 David Lasley/ Robin Lemer I Marsha Ma~met I PaHi LaBelle 4:55 Allan Rith blue highlight denotes trac k pick Recommended videos Powered by AnyClip ·"" · . ' .. "7~"" ~ . ., . '¾ " / ff~ -: i' ?."'1 r- ,...i1 f',~ ~ - _ _.,. , 1 1 , , , AIIMusic I AIIMovie I SideRe el I Celebilied About I FAQ I Feedback I Advertise I Copyright Policy I Privacy Policy J Terms of Service I New Releases Newsletter J Remove Ads ©201 9 AIIMusic, member o f the RhythmOne group I All Rights Rosorved CLOSE https://www.allmusic.com/album/burnin-mw0000269444/credits (last visited on Apr. 26, 20 19) 2 Exhibit D CONSOLIDATED Copyright Registration Docket No. 2008-3 CRB DD PA0000582074 (2007-2011 SRF) Public Catalog Copyright Catalog ( 1978 to present) Search Request: Left Anchored Title= somebody loves you baby Search Results: Displaying 6 of 7 entries Somebody loves you, baby (you know who it is) Type of Work: Music Registration Number/ Date: PA0000582074 / 1992-08-05 Title: Somebody loves you, baby (you know who it is) Appears in: Burn in'. MCA MCAD-10439.
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