Royalty Logic, Inc.'S Rebuttal Statement
Before the COPYRIGHT ROYALTY BOARD LIBRARY OF CONGRESS UNITED STATES COPYIGHT OFFICE Washington, D.C. ) In the Matter of ) ) Digital Performance Right in Sound ) Docket No. 2005-1 CRB DTRA Recordings and Ephemeral Recordings ) ) ROYALTY LOGIC, INC.'S REBUTTAL STATEMENT Kenneth D. Freundlich SCHLEIMER 4 FREUNDLICH, LLP 9100 Wilshire Blvd., Suite 615 East Beverly Hills, CA 90212 (v)(310) 273-9807 (f) (310) 273-9809 Counsel for SoundExchange, Inc. REBUTTAL STATEMENT Royalty Logic, Inc. ("RLI"), hereby submits its rebuttal statement in the above- captioned matter, in accordance with 37 C.F.R. Section 351.11. As explained more fully below, the additional testimony provided herewith, along with the supporting Exhibits, rebut SoundExchange's contentions during the direct case phase of this proceeding. Supported by this additional testimony and exhibits, RLI submits the enclosed Revised Proposed Regulations, found in this volume. SUMMARY OF TESTIMONY For the convenience of the Board, RLI provides this brief overview of the main points of its rebuttal testimony, all of which supports RLI's designation here as a competing Designated Agent with Direct Accounting, Royalties, Payment and Audit Rights ("DARPA") from the statutory licensees. I. Benefits of Competition Ronald Gertz, the President and COO of RLI, will rebut statements made during the direct case and provide evidence supporting RLI's designation as a Designated Agent with DARPA and particularly of the fact that the benefits of Competition and freedom of choice for royalty recipients under the statutory license, which SoundExchange denies, are manifest. Peter Paterno, an entertainment transactional attorney in the music area whose practice encompasses the representation of best-selling recording artists which have sold more than One Hundred Million albums worldwide in all aspects of the recording, music publishing and live concert touring industries, also to rebut statements made in the direct case, testifies that choice among collectives benefits artists under the statutory system.
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