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Joint Petition to Participate of the Mpaa-Represented Program Suppliers

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Joint Petition to Participate of the Mpaa-Represented Program Suppliers Before the COPYRIGHT ROYALTY JUDGES Washington, D.C. ___________________________________ ) In the Matter of ) ) Docket No. 14-CRB-0010-CD (2013) Distribution of the 2013 ) Cable Royalty Funds ) ___________________________________ ) JOINT PETITION TO PARTICIPATE OF THE MPAA-REPRESENTED PROGRAM SUPPLIERS Pursuant to the notice published in the Federal Register announcing the commencement of a distribution proceeding regarding the 2013 cable royalty funds (“2013 Proceeding”) and requesting petitions to participate from interested parties, 80 Fed. Reg. 32182 (June 5, 2015) (“Notice”), the Motion Picture Association of America, Inc. (“MPAA”), its member companies and other producers and distributors of syndicated series, movies, specials, and non-team sports broadcast by television stations and retransmitted by cable systems who have agreed to representation by MPAA (“MPAA-represented Program Suppliers”),1 hereby petition the Copyright Royalty Judges (“Judges”) to participate in both Phase I and Phase II of the 2013 Proceeding, as required by 37 C.F.R. § 351.1(b)(2)(ii). Historically, at the Phase I level of each royalty year’s distribution proceeding, MPAA has represented the interests of all Program Suppliers. MPAA intends to represent those same interests in Phase I of the 2013 Proceeding. 1 The definitions of the “Program Suppliers” and other Phase I program categories were adopted by the Phase I parties in a prior proceeding and continue to be followed by the parties. See Joint Motion Of The Phase I Parties To Adopt Stipulation As To Claimant Group Categorization And Scope Of Claims, Docket No. 2007-3 CRB CD 2004- 2005 at Exhibit A (October 2, 2009). 6923119.2/43507-00075 In Phase II of the 2013 Proceeding, MPAA will represent the MPAA-represented Program Suppliers exclusively. The MPAA-represented Program Suppliers for each cable royalty year at issue are identified in Attachment A hereto.2 MPAA reserves the right to amend its list of represented participants as such amendments may be necessary and legally permissible. As of the date of this Joint Petition to Participate, MPAA and its undersigned counsel certify that they have the authority and consent of each of the parties listed on Attachment A to represent them in the 2013 Proceeding. As copyright owners of the majority of programming broadcast on stations whose signals were carried by cable systems as distant signals in the year 2013, the MPAA-represented Program Suppliers have a significant interest in the subject matter of the 2013 Proceeding, and request that this Joint Petition to Participate in both Phase I and Phase II of the 2013 Proceeding be granted. As required by the Judges’ regulations and the Notice, MPAA-represented Program Suppliers have attached a check with their $150 filing fee. See 37 C.F.R. § 351.1(b)(4); Notice at 32182-83. CONCLUSION For the foregoing reasons, the Judges should grant the MPAA-represented Program Suppliers’ joint petition to participate in the 2013 Proceeding. 2 MPAA is also submitting an electronic copy of Attachment A as a Microsoft Excel spreadsheet. The electronic copy of Attachment A is included on the CD ROM that accompanies this filing. The “Claim Type” designation on Attachment A identifies claimants filing joint claims with “J,” claimants listed within joint claims with “W,” and claimants filing individual claims with “I.” 6923119.2/43507-00075 Respectfully submitted, Dated: July 6, 2015 Gregory 0. Olamran D.C. Bar No. 455784 Lucy Holmes Plovnick D.C. Bar No. 488752 Whitney S. Nonnette C.A. Bar No. 295222 MITCHELL SILBERBERG & KNUPP LLP 1818 N Street, NW 8th Floor Washington, DC 20036 Telephone: (202) 355-7917 Facsimile: (202) 355-7887 [email protected] [email protected] Attorneys for MPAA-represented Program Suppliers 6923119.2/43507-00075 CERTIFICATE OF SERVICE I hereby certify that on this 6th day of July, 2015, a copy of the foregoing Joint Petition to Participate of the MPAA-represented Program Suppliers was sent by Federal Express overnight mail to the parties listed on the attached service list. Lucy Holmes Plovnick 6923119.2/43507-00075 SERVICE LIST JOINT SPORTS CLAIMANTS DEVOTIONAL CLAIMANTS Robert Alan Garrett Clifford M. Harrington Charles G. Curtis, Jr. PILLSBURY WINTHROP Michael Kientzle SHAW PITTMAN LLP ARNOLD & PORTER LLP 1200 17th Street NW 555 Twelfth Street, N.W. Washington, DC 20036 Washington, D.C. 20004-1206 Arnold P. Lutzker LUTZKER & LUTZKER LLP 1233 20th Street, NW Suite 703 Washington, DC 20036 PUBLIC TELEVISION CLAIMANTS COMMERCIAL TELEVISION CLAIMANTS NATIONAL ASSOCIATION OF BROADCASTERS Ronald G. Dove, Jr. John I. Stewart, Jr. Lindsey Tonsager Ann Mace COVINGTON & BURLING LLP CROWELL & MORING LLP One City Center 1001 Pennsylvania Ave., NW 850 10th Street NW Washington, DC 20004-2595 Washington, DC 20001 6923119.2/43507-00075 MUSIC CLAIMANTS AMERICAN SOCIETY OF COMPOSERS, BROADCAST MUSIC, INC. AUTHORS AND PUBLISHERS Samuel Mosenkis Joseph J. DiMona ASCAP BROADCAST MUSIC, INC. One Lincoln Plaza 7 World Trade Center New York, NY 10023 250 Greenwich Street New York, NY 10007-0030 Michael J. Remington Jeffrey J. Lopez DRINKER BIDDLE & REATH LLP 1500 K Street, NW – Suite 1100 Washington, DC 20005 SESAC, INC. John C. Beiter SHACKELFORD, ZUMWALT & HAYES PLLC 1014 16th Avenue South Nashville, TN 37212 6923119.2/43507-00075 CANADIAN CLAIMANTS L. Kendall Satterfield Victor Cosentino FINKELSTEIN THOMPSON LLP LARSON & GASTON LLP 1077 30th Street NW 200 S. Los Robles Avenue, Suite 530 Washington, DC 20007 Pasadena, CA 91101 INDEPENDENT PRODUCERS GROUP NATIONAL PUBLIC RADIO Brian D. Boydston Jonathan D. Hart PICK & BOYDSTON LLP Gregory A. Lewis 10786 Le Conte Avenue NATIONAL PUBLIC RADIO Los Angeles, CA 90024 1111 North Capitol Street, NE Washington, DC 20002 6923119.2/43507-00075 ATTACHMENT A ATTACHMENT A CLAIM CLAIM CLAIM 2013 CABLE, MPAA-REPRESENTED CLAIMANTS YEAR NUMBER TYPE "FIRST TWENTY MILLION" FILMPRODUKTION GMBH & CO. KG 2013 90 W "JOE SOMEBODY" FILMPRODUKTION GMBH & CO. KG 2013 90 W "SHALLOW HAL" FILMPRODUKTION GMBH & CO. KG. 2013 90 W "UNFAITHFUL" FILMPRODUKTION GMBH & CO. KG 2013 90 W 10 FRANCS SARL 2013 91 W 12 PINGÜINOS DIBUJOS ANIMADOS, S.L. 2013 128 W 12:05 AM PRODUCTIONS, LLC 2013 314 W 127 SERVICE, INC. 2013 90 W 1296 PRODUCTIONS INC. 2013 545 W 13 PRODUCTION SAS 2013 91 W 14 PIES AUDIOVISUAL, S.L. 2013 128 W 19 TV LIMITED 2013 466 W 1A PRODUCTIONS LIMITED 2013 3 W 220 PRODUCTIONS PTY LTD 2013 91 W 28 WEEKS LTD. 2013 90 W 29 LETRAS, S.L.L. 2013 128 W 2929 PRODUCTIONS LLC 2013 90 W 3 DOORS PRODUCTIONS, INC. 2013 466 W 3 KOMA 93, S.A. 2013 128 W 30 SQUADRON RAAF BEAUFIGHTER ASSOCIATION 2013 91 W 360 DEGREE FILMS PTY LTD 2013 91 W 3868265 CANADA INC. (INCENDO PRODUCTIONS INC.) 2013 545 W 3C FILMS GROUP S.R.L. 2013 128 W 3D FILMS PTY LTD 2013 91 W 3DD ENTERTAINMENT LIMITED 2013 3 W 3W PRODUCTIONS INC. 2013 545 W 4 BARRES PRODUCCIONS AUDIOVISUALS 2013 128 W 4 WINDS FILMS LTD 2013 91 W 4116372 CANADA INC. 2013 230 W 4235169 CANADA, INC. 2013 545 W 46664 CONCERTS SA 2013 91 W 4K MEDIA INC. 2013 177 I 5 FILMS DISTRIBUCIONES, S.L. 2013 128 W 500DS FILMS, INC. 2013 90 W 59 EN CONSERVA, S.L. 2013 128 W 60 DEGREES NORTH PTY LTD 2013 91 W 6IXTY FOOT PRODUCTIONS PTY LTD 2013 91 W 7 & 7 PRODUCERS' SALES SERVICES LTD 2013 3 W 700 GRAMOS CREATIVIDAD, S.L. 2013 128 W 7876807 CANADA INC. 2013 545 W 8091048 CANADA INC. 2013 545 W 8TH IN LINE PRODUCTIONS PTY LTD 2013 91 W 9 STORY ENTERPRISES INC 2013 3 W 9151-4190 QUÉBEC INC. (CINÉGROUPE CORPORATION) 2013 545 W 99 PRODUCTIONS, INC. 2013 90 W A BIGGER PICTURE LIMITED 2013 91 W A CONTRACORRIENTE FILMS, S.L. 2013 128 W A FEW BEST MEN PTY LTD 2013 91 W A&E TELEVISION NETWORKS LLC 2013 178 I A. LLORENS OLIVÉ P.C., S.A. 2013 128 W 1 ATTACHMENT A CLAIM CLAIM CLAIM 2013 CABLE, MPAA-REPRESENTED CLAIMANTS YEAR NUMBER TYPE A.G. FILMS, S.A. 2013 128 W A.T.P.I.P. 2013 128 W A.V. EL ALAMO, S.A. 2013 128 W AAA ENTERTAINMENT PTY LTD 2013 91 W AARDMAN ANIMATIONS 2013 3 W ABACO MOVIES, S.L. 2013 128 W ABANO PRODUCCIONS, S.L. 2013 128 W ABC CABLE NETWORKS GROUP 2013 471 W ABC FAMILY 2013 471 W ABC SIGNATURE STUDIOS, INC. 2013 314 W ABC STUDIOS 2013 471 W ABC STUDIOS 2013 314 W ABEJUZ, S.L. 2013 128 W ABORIGINAL NATIONS PTY LTD 2013 91 W ABRA PROD, S.L. 2013 128 W ABRACADABRA FILM & TELEVISION PRODUCTIONS PTY LTD 2013 91 W ABS PRODUCTION-BARCELONA, S.L. 2013 128 W ABSENTA FILMS PRODUCCIONES, S.L. 2013 128 W ABSINTHE WITHOUT LEAVE PTY. LTD. 2013 90 W ABYSSINIA FILMS, S.L. 2013 128 W AC NO FILM 2013 128 W ACA2, INC. 2013 90 W ACACIA FILMS, S.L. 2013 128 W ACAPELA FILMS, S.L. 2013 128 W ACC ACTION CONCEPT CINEMA GMBH & CO. KG 2013 468 W ACCENSUM IBERICA, S.L. 2013 128 W ACI COMMUNICATIONS, INC. 2013 466 W ACORN MEDIA GROUP INC 2013 3 W ACP MAGAZINES LTD 2013 91 W ACPAV/CORPORATION ACPAV INC. 2013 545 W ACTAEON FILMS LIMITED 2013 128 W ACTEON, S.C.C.L. 2013 128 W ACTION CONCEPT 2013 468 W ACTION CONCEPT FILM UND STUNTPRODUKTION GMBH 2013 468 W ACTION IMAGE GMBH & CO. KG 2013 468 W ACTIVA FILMS, S.L. 2013 128 W ACTIVETV PTY LTD 2013 91 W ACTIVIDADES MEDIATICAS AUDIOVISUALES, S.L. 2013 128 W ADA DE PLUTO, S.L. 2013 128 W ADAI FILMES, S.L. 2013 128 W ADALUZ PRODUCCIONES, S.L.
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