Digital Performance Right in Sound Recordings and Ephemeral Recordings (Docket No. 2009-1 CRB Webcasting III)

The trial to determine the reasonable rates and terms for transmissions made by eligible nonsubscription services and transmissions made by new subscription services will begin on Monday, April 19, 2010, and will be held in Room LM-408 in the James Madison Memorial Building of the Library of Congress, 101 Independence Avenue, S.E., Washington, D.C.  The trial will continue on Tuesday, April 20, 2010 through Thursday, April 22, 2010; Monday, April 26, 2010, through Wednesday, April 27, 2010; and Monday, May 3, 2010, through Tuesday, May 4, 2010.

After the parties give their opening statements, SoundExchange, will present its direct case to be followed by the other parties--Intercollegiate Broadcasting System, Inc.(“IBS”) and Royalty Logic, Inc. 

The following is the current schedule for the proceeding:

April 19: Opening Statements.

Witnesses for SoundExchange:

Beginning Week of April 19: Dennis Kooker, Michael Pelcovits, Kim Roberts Hedgpeth, George Ford, Barrie Kessler, and W. Tucker McCrady.

Witnesses for Intercollegiate Broadcasting System, Inc. (to begin upon conclusion of SoundExchange’s witnesses):

Frederick J. Kass, Jr.

Witnesses for Live365, Inc. (to begin upon conclusion of IBS’ witness):

Johnie Floater, Dianne Lockhart, and Mark R. Fratrik.

Upon completion of the direct cases, there will be a break in the trial while the parties prepare their rebuttal cases.  Rebuttal hearings are scheduled to take place July 28 and 29 and August 2 through 5, 2010. 

The trial begins each day at 9:30 a.m. and is open to the public. 

Further refinements to the schedule will be announced during the trial and issued as orders to the parties in the proceeding.  The website will be updated as needed.  However, anyone with questions regarding changes in the schedule should contact the Copyright Royalty Board at 202-707-7658.