Adjustment or Determination of Compulsory License Rates for Making and Distributing Phonorecords

(Docket 2006-3, CRB DPRA)

Trial Information

The rebuttal phase of the trial to determine the reasonable rates and terms for making and distributing phonorecords will begin on Tuesday, May 6, 2008, 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. Rebuttal hearings will conclude on Wednesday, May 21, 2008.

The direct phase of the trial took place from January 28, 2008, through February 26, 2008.

The Digital Media Association (“DiMA”) will present its rebuttal case first. Upon conclusion of DiMA’s rebuttal case, the Recording Industry Association of America (“RIAA”) will present its rebuttal case to be followed by the Copyright Owners (National Music Publishers’ Association, Inc., the Songwriters Guild of America and the Nashville Songwriters Association International).

The following is the current schedule for the proceeding:

Witnesses for DiMA:

Beginning May 6: Margaret Guerin-Calvert, Alexander Kirk, and Dan Sheeran. Mr. Sheeran’s testimony is expected to be presented on May 8. Mr. Kirk's testimony will be presented upon conclusion of the RIAA's rebuttal case.

Witnesses for RIAA (to begin upon conclusion of DiMA’s Rebuttal Case):

During Week of May 6: David Alfaro, Terri Santisi, Scott Pascucci, Daniel Slottje, and Bruce Benson.

Week of May 12: Andrea Finkelstein, Robert Emmer, Mark R. Eisenberg, Steven Wildman and Michael Koch. Mr. Koch’s testimony is expected to take place upon conclusion of the Copyright Owners’ rebuttal case.

Witnesses for the Copyright Owners (to begin upon conclusion of RIAA’s Rebuttal Case):

During Week of May 12: Roger Faxon, Jeremy Fabinyi, Alfred Pedecine, Maurice Russell, Judith Finell, and Kevin Murphy.

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

Upon completion of the rebuttal phase, there will be a break in the trial while the parties prepare their proposed findings of fact and conclusions of law. Closing arguments are scheduled to take place on July 24, 2008. The Copyright Royalty Judges will issue their determination on or before October 2, 2008.

Further refinements to the schedule will be announced during the trial. 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.

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List of Participants

Listed below are participants and documents submitted for the proceeding. For further information, see Federal Register notice 71 FR 1454 , issued January 9, 2006.

Royalty Logic, Inc.
Songwriters Guild of America
Copyright Owners (the National Music Publishers' Association, Inc.; the Songwriters Guild of America, and the Nashville Songwriters Association International)
Apple Computer, Inc.
America Online, Inc.
RealNetworks, Inc.
Napster, LLC
Sony Connect, Inc.
Digital Media Association and Its Member Companies
Yahoo! Inc.
MusicNet, Inc.
MTV Networks, Inc.
Recording Industry Association of America, Inc.

Documents Submitted

Party	Documents
Digital Media Association and Its Member Companies (AOL, LLC; Apple Computer, Inc.; MusicNet, Inc.; Napster, LLC; RealNetworks, Inc.; and Yahoo! Inc.)	Introductory Memorandum (Amended 4/10/07) Jonathan Potter Testimony (Amended 4/10/07) Kyle Johnson Testimony (Amended 4/10/07) Eddy Cue Testimony (Amended 4/10/07) Alan McGlade Testimony (Amended 4/10/07) Laura Goldberg Testimony (Amended 4/10/07) Timothy Quirk Testimony (Amended 4/10/07) Margaret E. Guerin-Calvert Testimony (Amended 4/10/07)
	All DMA documents in ZIP file  (large file: 48 Mb)
National Music Publishers' Association, the Songwriters Guild of America, and the Nashville Songwriters Association International	Written Direct, Vol. 1 (Amended 4/10/07) Written Direct, Vol. 2 (Amended 4/10/07) Written Direct, Vol. 3 (Amended 4/10/07) Written Direct, Vol. 4 (Amended 4/10/07) Written Direct, Vol. 5 (Amended 4/10/07) Written Direct, Vol. 6 (Amended 4/10/07) Written Direct, Vol. 7 (Amended 4/10/07) Written Direct, Vol. 8 (Amended 4/10/07) Written Direct, Vol. 9 (Amended 4/10/07) Written Direct, Vol. 10 (Amended 4/10/07) Written Direct, Vol. 11 (Amended 4/10/07) Written Direct, Vol. 12 (Amended 4/10/07) Written Direct, Vol. 13 (Submitted 4/10/07) Written Direct, Vol. 14 (Submitted 4/10/07) Written Direct, Vol. 15 (Submitted 4/10/07) Written Direct, Vol. 16 (Submitted 4/10/07) Written Direct, Vol. 17 (Submitted 4/10/07) Written Direct, Vol. 18 (Submitted 4/10/07) Written Direct, Vol. 19 (Submitted 4/10/07) Written Direct, Vol. 20 (Submitted 4/10/07) Amended Expert Reports & Supplemental Exhibits for Expert Witnesses (Submitted 10/29/07)
	All NMPA documents in ZIP file  (huge file: 733 Mb)
Recording Industry Association of America	Written Direct Testimony (Amended 4/10/07) Glen Barros Testimony (Amended 4/10/07) Victoria Bassetti Testimony (Amended 4/10/07) Richard Boulton Testimony (Amended 4/10/07) Andrea Finkelstein Testimony (Amended 4/10/07) Colin Finkelstein Testimony (Amended 4/10/07) David Hughes Testimony (Amended 4/10/07) Michael Kushner Testimony (Amended 4/10/07) Tom Mackay Testimony (Amended 4/10/07) Linda McLaughlin Testimony (Amended 4/10/07) David Munns Testimony (Amended 4/10/07) Michael Pollack Testimony (Amended 4/10/07) J.J. Rosen Testimony (Amended 4/10/07) Cary Sherman Testimony (Amended 4/10/07) Geoffrey Michael Taylor Testimony (Amended 4/10/07) David Teece Testimony (Amended 4/10/07) Ron Wilcox Testimony (Amended 4/10/07)
	Exhibits Exhibit A-101-DP Exhibit A-102-DP Exhibit A-103-DP Exhibit A-104-DP Exhibit A-105-DP Exhibit A-106-DP Exhibit A-107-DP Exhibit A-108-DP Exhibit A-109-DP Exhibit A-110-DP Exhibit A-111-DP Exhibit A-112-DP Exhibit A-113-DP Exhibit A-114-DP Exhibit A-115-DP Exhibit A-116-DP Exhibit A-117-DP Exhibit A-118-DP Exhibit A-119-DP Exhibit A-120-DP Exhibit A-121-DP Exhibit A-122-DP Exhibit A-123-DP Exhibit A-124-DP Exhibit A-125-DP Exhibit C-101-DP Exhibit C-102-DP (Amended 4/10/07) Exhibit C-103-DP Exhibit C-104-DP Exhibit C-105-DP Exhibit C-106-DP Exhibit C-107-DP Exhibit C-108-DP Exhibit C-109-DP Exhibit C-110-DP Exhibit C-111-DP Exhibit C-112-DP Exhibit C-113-DP Exhibit C-114-DP Exhibit C-115-DP (Amended 4/10/07) Exhibit C-116-DP Exhibit C-117-DP Exhibit C-118-DP Exhibit C-119-DP Exhibit C-120-DP Exhibit D-101-DP Exhibit D-102-DP Exhibit D-103-DP Exhibit D-104-DP Exhibit D-105-DP Exhibit D-106-DP Exhibit E-101-DP Exhibit E-102-DP Exhibit F-101-DP Exhibit F-102-DP Exhibit F-103-DP Exhibit F-104-DP Exhibit F-105-DP Exhibit I-101-DP Exhibit I-102-DP Exhibit I-103-DP Exhibit J-101-DP Exhibit J-102-DP Exhibit J-103-DP Exhibit J-104-DP Exhibit J-105-DP Exhibit J-106-DP Exhibit J-107-DP Exhibit J-108-DP Exhibit J-109-DP Exhibit J-110-DP Exhibit J-111-DP Exhibit K-101-DP Exhibit K-102-DP Exhibit L-101-DP Exhibit L-102-DP Exhibit L-103-DP Exhibit N-101-DP Exhibit N-102-DP (Amended 4/10/07) Exhibit N-103-DP Exhibit N-104-DP Exhibit N-105-DP Exhibit N-106-DP Exhibit N-107-DP Exhibit N-108-DP Exhibit N-109-DP Exhibit N-110-DP Exhibit N-111-DP Exhibit N-112-DP Exhibit N-113-DP Exhibit N-114-DP Exhibit N-115-DP Exhibit N-116-DP
	David J. Teece Exhibits Exhibit O-101-DP Exhibit O-102-DP Exhibit O-103-DP Exhibit O-104-DP Exhibit O-105-DP (Amended 4/10/07) Exhibit O-106-DP Exhibit O-107-DP (Amended 4/10/07) Exhibit O-108-DP Exhibit O-109-DP (Amended 4/10/07) Exhibit O-110-DP Exhibit O-111-DP (Amended 4/10/07) Exhibit O-112-DP Exhibit O-113-DP (Amended 4/10/07) Exhibit O-114-DP Exhibit O-115-DP Exhibit O-116-DP (Amended 4/10/07) Exhibit O-117-DP Exhibit O-118-DP Exhibit O-119-DP Exhibit O-120-DP Exhibit O-121-DP Exhibit O-122-DP Exhibit O-123-DP Exhibit O-124-DP Exhibit O-125-DP Exhibit O-126-DP Exhibit O-127-DP Exhibit O-128-DP Exhibit O-129-DP Exhibit O-130-DP Exhibit O-131-DP Exhibit O-132-DP Exhibit O-133-DP Exhibit O-134-DP (Amended 4/10/07) Exhibit O-135-DP (Amended 4/10/07) Exhibit O-136-DP Exhibit O-137-DP (Amended 4/10/07) Exhibit O-138-DP (Amended 4/10/07) Exhibit O-139-DP (Amended 4/10/07) Exhibit O-140-DP (Amended 4/10/07) Exhibit O-141-DP (Amended 4/10/07) Exhibit O-142-DP Exhibit O-143-DP Exhibit O-144-DP (Amended 4/10/07) Exhibit O-145-DP Exhibit O-146-DP Exhibit O-147-DP Exhibit O-148-DP (Amended 4/10/07) Exhibit O-149-DP (Amended 4/10/07) Exhibit O-150-DP
	All RIAA documents in ZIP file  (large file: 225 Mb)