Before the UNITED STATES COPYRIGHT ROYALTY JUDGES Washington, D.C. JOINT PETITION TO PARTICIPATE OF PUBLIC BROADCASTING SERVICE
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1 Before the UNITED STATES COPYRIGHT ROYALTY JUDGES Washington, D.C. In re Distribution of 2013 Cable Royalty Funds Docket No. 14-CRB-0010-CD (2013) JOINT PETITION TO PARTICIPATE OF PUBLIC BROADCASTING SERVICE Public Broadcasting Service ( PBS ), on behalf of copyright owners of programs broadcast on U.S. noncommercial educational television stations that are retransmitted by cable operators (the Public Television Claimants ), hereby submits this Petition to Participate in response to the Copyright Royalty Judges Notice published at 80 Fed. Reg (June 5, 2015). PBS and the Public Television Claimants submit this Petition to Participate in Phase I and Phase II of this cable royalty proceeding for the year A $150 filing fee accompanies this filing. PBS and the Public Television Claimants have a significant interest in the subject matter of Phase I and Phase II of this proceeding because they own or represent owners of copyrighted works broadcast on U.S. noncommercial educational television stations that were retransmitted by cable operators during the relevant period. PBS has served as the sole representative of the public television ( PTV ) claimant category in every Phase I cable royalty distribution proceeding since the 1978 proceeding and has received a share of the cable compulsory royalty funds for each year that the funds have been distributed. PBS and the Public Television Claimants are unaware of any Phase II controversy as to the distribution to individual claimants of the Phase I PTV cable royalties for 2013, but hereby petition to participate in such a Phase II proceeding should one be necessary.
2 The undersigned hereby certify that they have the authority and consent of PBS and the Public Television Claimants named in Attachment A to represent them in this cable royalty distribution proceeding. This petition is accompanied by and incorporates a Microsoft Excel spreadsheet in electronic form that lists these claimants. 1 July 6, 2015 Respectfully submitted, Ronald G. Dove, Jr. (D.C. Bar No ) Lindsey L. Tonsager (D.C. Bar No ) Dustin Cho (D.C. Bar No ) COVINGTON & BURLING LLP One CityCenter 850 Tenth Street, NW Washington, DC Phone: (202) Fax: (202) rdove@cov.com ltonsager@cov.com dcho@cov.com Marc Mangum (Virginia Bar No ) Assistant General Counsel Public Broadcasting Service 2100 Crystal Drive Arlington, VA Phone: (703) memangum@pbs.org Counsel for Public Broadcasting Service and the Public Television Claimants 1 PBS respectfully reserves its right to modify this Petition, attachments and spreadsheet in response to the outcome of any Phase I or Phase II proceedings, filings of other claimants, or rulings of the Copyright Office or Copyright Royalty Judges, or as the result of further investigation or information. 2
3 CERTIFICATE OF SERVICE I, Dustin Cho, hereby certify that on this 6th day of July, 2015, I caused copies of the foregoing Joint Petition to Participate of Public Broadcasting Service to be served by Federal Express overnight delivery on the following parties: COMMERCIAL TELEVISION CLAIMANTS NATIONAL ASSOCIATION OF BROADCASTERS John I. Stewart, Jr. Ann Mace CROWELL & MORING LLP 1001 Pennsylvania Ave. NW Washington, DC JOINT SPORTS CLAIMANTS Robert Alan Garrett M. Sean Laane Michael Kientzle ARNOLD & PORTER LLP 555 Twelfth Street, NW Washington, DC PROGRAM SUPPLIERS Gregory O. Olaniran Lucy Holmes Plovnick MITCHELL SILBERBERG & KNUPP LLP 1818 N Street NW, 8th Floor Washington, DC CANADIAN CLAIMANTS L. Kendall Satterfield FINKELSTEIN THOMPSON LLP th Street NW Washington, DC MUSIC CLAIMANTS AMERICAN SOCIETY OF COMPOSERS, AUTHORS AND PUBLISHERS Samuel Mosenkis ASCAP One Lincoln Plaza New York, NY SESAC, INC. John C. Beiter SHACKELFORD, ZUMWALT & HAYES, LLP th Avenue South Nashville, TN BROADCAST MUSIC, INC. Joseph J. DiMona BROADCAST MUSIC, INC. 7 World Trade Center 250 Greenwich Street New York, NY Michael J. Remington Jeffrey J. Lopez Jennifer T. Criss DRINKER BIDDLE & REATH LLP 1500 K Street NW Suite 1100 Washington, DC 20005
4 NATIONAL PUBLIC RADIO Jonathan D. Hart Gregory A. Lewis NATIONAL PUBLIC RADIO 1111 North Capitol Street, NE Washington, DC INDEPENDENT PRODUCERS GROUP Brian D. Boydston PICK & BOYDSTON LLP LeConte Ave. Los Angeles, CA DEVOTIONAL CLAIMANTS Clifford M. Harrington PILLSBURY WINTHROP SHAW PITTMANLLP 2300 N Street NW Washington, DC EdwardS. Hammerman HAMMERMAN, PLLC 5335 Wisconsin Avenue NW Suite 440 Washington, DC Wendell R. Bird, P.C. Jonathan T. McCants BIRD, LOECHL, BRITTAIN & McCANTS, LLC 1150 Monarch Plaza 3414 Peachtree Road, NE Atlanta, GA Arnold P. Lutzker LUTZKER & LUTZKER LLP th Street NW, Suite 703 Washington, DC George R. Grange Kenneth E. Liu GAMMON & GRANGE, P.C Greensboro Drive, 7th Floor McLean, VA Gregory H. Guillot GUILLOT LAW Noel Road, Suite 1000 Dallas, TX Dustin Cho
5 ATTACHMENT A: PUBLIC TELEVISION CLAIMANTS FOR THE 2013 CABLE ROYALTY FUNDS Alabama Educational Television Commission Alamo Public Telecommunications Council Alaska Public Television All Global Media LLC Alvin H. Perlmutter, Inc; Apostrophe S Productions, inc.; Independent Production Fund, Amarillo Junior College District Arizona Board of Regents, Arizona State University Arizona Board of Regents, University of Arizona Arnold P. Lutzker Art 21, Artist Den Entertainment LLC Atlanta Board of Education Audio Visual Copyright Society Limited (trading as Screen Rights) Ball State University Bates Technical College BBC Worldwide Americas, Blue Ridge Public Television Board of Control, Grand Valley State University Board of Control, Northern Michigan University Board of Governors of State Colleges and Universities Board of Regents of Missouri State University Board of Regents of the Montana University System Board of Regents of the University of Wisconsin System Board of Regents, New Mexico State University Board of Regents, State of Florida Board of Trustees of Michigan State University Board of Trustees of the University of Illinois Board of Trustees, Community College District #508 Board of Trustees, Pensacola Junior College Board of Trustees, The California State University for San Diego State University Body Electric Corporation of America Boettcher/Trinklein Television Bowling Green State University Brigham Young University Broadway Film Project Capital Community Broadcasting Capital of Texas Public Telecommunications Council CBS Broadcasting Central Michigan University Central Piedmont Community College (was Charlotte-Mecklenburg Public Broadcasting Authority) Central Texas College Central Wyoming College Channel 5 Public Broadcasting Clark County School District Colorado Public Television Commonwealth Public Broadcasting Corporation Community Television Foundation of South Florida Compact Collections Limited Connecticut Public Broadcasting Consortium for Mathematics and its Applications Craft in America, Dade County School Board Dallas County Community College District Daniel amen & Amen Clinics David Grubin Productions DeepFocus Productions, Delta College Detroit Educational Television Foundation DLT Entertainment LTD DLT Entertainment LTD Duluth-Superior Area Educational Television East Tennessee Public Communications Corporation Eastern Florida State College (f/k/a Brevard Community College) Eastern New Mexico University Educational Braodcasting Foundation El Paso Public Television Foundation Fintage Auditovisual Rights B.V. Florida Gulf Coast University Florida West Coast Public Broadcasting Fort Wayne Public Television Fox Entertainment Group, FremantleMedia North America, inc. Friends of KSPS (was Spokane School District #81) General Word L P (successor-in-interest to Word World LLC) Geoff Haines-Stiles Productions d/b/a Passport to Knowledge Georgia Public Telecommunications Commission Greater Chattanooga Public Television Corporation Greater Cincinnati TV Educational Foundation Greater Dayton Public Television Greater New Orleans Educational Television Foundation Greater Washington Educational Telecommunications Association Guam Educational Telecommunications Corporation Gustavo Sagastume-International Media (by Public Broadcasting Service on its behalf) Hampton Roads Educational Telecommunications Association Hawaii Public Television Foundation Hometime Video Publishing Howard University Hudson West Productions,
6 (Idaho) State Board of Education (also, for KAID: The Board of Regents for the University of Idaho) Ideastream IFTA Collections, a division of the Independent Film and Television Alliance Illinois Valley Public Telecommunications Corp. Independent Television Service Inky Dinky Worldwide, Intelecom-Intelligent Telecommunications International Management Group/Transworld International Iowa Public Broadcasting Board Jacqueline Eddy c/o Disney; Buena Vista Television; ABC Studios; Walt Disney Studios; ABC Cable Networks Group; Disney-ABC Domestic Television; ABC Family; Disney Enterprises, ; MVL Film Finance LLC (aka Marvel); Touchstone Television; Lucasfilm Ltd Jim Brown Productions LLC; Ginger Group Productions Kansas Public Telecommunications Services KCTS Television Kenneth Lauren Burns d/b/a Florentine Films Kentucky Authority for Educational Television Knockabout Media LLC KOCE-TV Foundation KQED (was Northern California Public Broadcasting ) KRSC-TV, DT & FM, Board of Regents of Oklahoma Colleges (Rogers State University) KSMQ Public Service Media KVIE Lehigh Valley Public Telecommunications Corp. Los Angeles Unified School District Louisiana Educational Television Authority Maine Public Broadcasting Corporation Margaret Richard Marjorie Poore Productions Martha Stewart Living Omnimedia, Mary Ann Esposito Inc Maryland Public Broadcasting Commission Maya Vision International Ltd Metro-Goldwyn-Mayer Studios Metropolitan Indianapolis Public Broadcasting Metropolitan Opera Association, Michiana Public Broadcasting Corporation Mid-South Public Communications Foundation Milwaukee Area Technical College District Board Mississippi Authority for Educational Television Moreno/Lysons Production LLC Mountain Lake Public Telecommunications Council Nashville Public Television, Incorporated Nebraska Educational Telecommunications Commission New Hampshire Public Broadcasting (was University of New Hampshire/New Hampshire Public Television) New Jersey Public Broadcasting Authority New Voyage Communications, NGHT, LLC NGHT, LLC North Texas Public Broadcasting Northeastern Educational Television of Ohio Northeastern Pennsylvania Educational Television Association Northern California Educational Television Association Northern Minnesota Public Television Northwest Indiana Public Broadcasting Office of Television Operations, Government of America Samoa Ohio University Oklahoma Educational Television Authority ole Media Management LP Oliver Productions, Oregon Public Broadcasting Paramount pictures Corporation; Melange Pictures, LLC c/o Paramount Pictures Corporation; DW Studios L.L.C. f/k/a DreamWorks, L.L.C. c/o Paramount Pictures Corporation Permian Basin Public Telecommunications Persephone Productions, Peter Berkow Plow Productions LLC Prairie Public Broadcasting Public Affairs Television, Public Broadcasting Council of Central New York Public Broadcasting of Northwest Pennsylvania Public Broadcasting Service (PBS); Public Media Distribution, LLC/dba Public Distribution (PBSd); PBS's Member public TV Stations Public Television 19 Public Television Claimants; Hammerman PLLC dba Intermediary Copyright Royalty Services Quartet International, Random House Children s Entertainment LLC; Red Hat Animation Ltd; CITH Recording Industry Association of America Redwood Empire Public TV Regents of the University of New Mexico and Board of Education, Albuquerque Public Schools Research & Programming Services Corp d/b/a La Carte Communications RGV Educational Broadcasting Rhode Island PBS Foundation (was Rhode Island Public Telecommunications Authority) Roadtrip Productions LTD Rocky Mountain Public Broadcasting Network,
7 Ronald J. Devillier (by his counsel Joan Lanigan); Devillier & Associates LLC; Shribes Productions,, Python (Monty) Pictures, Ltd Roxanne Modjall Rural California Broadcasting San Bernadino Community College District Santa Fe Productions, Saybrook Productions, Ltd. Scholastic Entertainment Sesame Workshop Shenandoah Valley ETV Corporation Sistema Universitario Ana G. Mendez Sit and Fit Smoky Hills Public Television Corp. Songmasters, LLC Sony Pictures Television South Carolina Educational Television Commission South Dakota Board of Directors for Educational Telecommunications South Texas Public Broadcasting System Southern Illinois University Board of Trustees Southern Oregon Public Television St. Lawrence Valley Educational Television Council St. Louis Regional Public Media (was St. Louis Regional Educational and Public Television Commission) Sullivan Entertainment Texas A&M University Texas Tech University The American Documentary, The Arkansas Educational Television Commission The Board of Regents of Florida, Acting for and on behalf of Florida State University The Fred Rogers Company The Goodman Group, LLC The Historymakers The Ohio State University The Pennsylvania State University The Public Broadcasting Foundation of Northwest Ohio The University of North Carolina The Welk Group d/b/a Lawrence Welk Syndication This Old House Ventures, TJL Ventures LLC Travelscope LLC Trustees of Indiana University Twin Cities Public Television Two Cats Productions LTD. University of Alaska University of Central Florida University of Central Missouri Board of Regents University of Houston University of Nebraska University of South Florida University of Utah Upper Cumberland Broadcast Council Valley Public Television Vermont ETV d/b/a Vermont Public Television Vincennes University Virgin Islands Public Television System Washburn University of Topeka Washington State University West Central Illinois Educational Telecommunications Corporation (CONVOCOM) West Central Minnesota Educational TV Company West Tennessee Public Television Council West Virginia Educational Broadcasting Authority Western Illinois University (formerly licensed to Black Hawk College) Western Kentucky University Western New York Public Broadcasting Association WGBH Educational Foundation WHYY Window to the World Communications, Wisconsin Educational Communications Board WITF WJCT WMHT Educational Telecommunications WNBC, NBCUniversal Media, LLC WNET (formerly WNET.ORG) WNIN Tri-State Public Media Worldwide Subsidy Group LLC WQED Multimedia WSKG Public Telecommunications Council WXEL Public Broadcasting Corp. (was Barry Telecommunications ) WXXI Public Broadcasting Council Yanni Young Productions Note: The following claimants have filed claims with the assistance of PBS and are expected to sign an authorization to be represented by PBS: B'Way Films LLC Conexion Media Group PLC Fidget LLC Made in India, LLC The Ched-Angier Production Company Thomashefsky Project LLC Tremendous Entertainment
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