Reports of Use of Sound Recordings Under Statutory License, 24309-24310 [05-9221]
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Federal Register / Vol. 70, No. 88 / Monday, May 9, 2005 / Rules and Regulations
material at NARA, call 202–741–6030, or go
to: https://www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
(g) This amendment becomes effective on
June 13, 2005.
Note: The subject of this AD is addressed
in Ente Nazionale per l’Aviazione Civile
(Italy) AD No. 2004–108, dated April 8, 2004.
Issued in Fort Worth, Texas, on April 27,
2005.
Carl Mittag,
Acting Manager, Rotorcraft Directorate,
Aircraft Certification Service.
[FR Doc. 05–8953 Filed 5–6–05; 8:45 am]
BILLING CODE 4910–13–U
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[CGD13–05–013]
RIN 1625–AA87
Security Zone; Protection of Military
Cargo, Captain of the Port Zone Puget
Sound, WA
Coast Guard, DHS.
Notice of enforcement.
AGENCY:
ACTION:
SUMMARY: The Captain of the Port Puget
Sound will begin enforcing the Budd
Inlet security zone in West Bay,
Olympia, WA on Monday, May 9, 2005,
at 8 a.m. Pacific daylight time. The
security zone provides for the security
of Department of Defense assets and
military cargo in the navigable waters of
Puget Sound and adjacent waters. The
security zone will be enforced until
Friday, May 13, 2005, at 11:59 p.m.
Pacific daylight time.
DATES: The Budd Inlet security zone set
forth in 33 CFR 165.1321 will be
enforced from Monday, May 9, 2005, at
8 a.m. to Friday, May 13, 2005, at 11:59
p.m. Pacific daylight time, at which
time enforcement will be suspended.
FOR FURTHER INFORMATION CONTACT:
Captain of the Port Puget Sound, 1519
Alaskan Way South, Seattle, WA 98134
at (206) 217–6200 or (800) 688–6664 to
obtain information concerning
enforcement of 33 CFR 165.1321.
SUPPLEMENTARY INFORMATION: On August
27, 2004, the Coast Guard published a
final rule (69 FR 52603) establishing
regulations, in 33 CFR 165.1321, for the
security of Department of Defense assets
and military cargo in the navigable
waters of Puget Sound and adjacent
waters. On December 10, 2004, the
Coast Guard published a final rule (69
FR 71709), which amended 33 CFR
VerDate jul<14>2003
17:12 May 06, 2005
Jkt 205001
165.1321 by adding Budd Inlet,
Olympia, WA as a permanent security
zone. These security zones provide for
the regulation of vessel traffic in the
vicinity of military cargo loading
facilities in the navigable waters of the
United States. These security zones also
exclude persons and vessels from the
immediate vicinity of these facilities
during military cargo loading and
unloading operations. In addition, the
regulation establishes requirements for
all vessels to obtain permission of the
COTP or the COTP’s designated
representative, including the Vessel
Traffic Service Puget Sound (VTS) to
enter, move within, or exit these
security zones when they are enforced.
Entry into these zones is prohibited
unless otherwise exempted or excluded
under 33 CFR 165.1321 or unless
authorized by the Captain of the Port or
his designee.
The Captain of the Port Puget Sound
will begin enforcing the Budd Inlet
security zone established by 33 CFR
165.1321 on Monday, May 9, 2005, at 8
a.m. Pacific daylight time. The security
zone will be enforced until Friday, May
13, 2005, at 11:59 p.m. Pacific daylight
time. All persons and vessels are
authorized to enter, move within, and
exit the security zone on or after Friday,
May 13, 2005, at 11:59 p.m. Pacific
daylight time unless a new notice of
enforcement is issued before then.
Dated: May 3, 2005.
Danny Ellis,
Captain, U.S. Coast Guard, Captain of the
Port, Puget Sound.
[FR Doc. 05–9208 Filed 5–6–05; 8:45 am]
BILLING CODE 4910–15–P
LIBRARY OF CONGRESS
Copyright Office
37 CFR Part 270
[Docket No. RM 2005–2A]
Reports of Use of Sound Recordings
Under Statutory License
Copyright Office, Library of
Congress.
ACTION: Final rule.
AGENCY:
SUMMARY: The Copyright Office of the
Library of Congress is adopting
amendments to the rules governing
reports of use of sound recordings under
the statutory license for preexisting
subscription services.
DATES: June 8, 2005.
FOR FURTHER INFORMATION CONTACT:
David O. Carson, General Counsel, or
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
24309
William J. Roberts, Jr. Telephone: (202)
707–8380. Telefax: (202) 252–3423.
SUPPLEMENTARY INFORMATION: Digital
audio services provide copyrighted
sound recordings of music for the
listening enjoyment of the users of those
services. In order to provide these sound
recordings, however, a digital audio
service must license the copyrights to
each musical work, as well as the sound
recording of the musical work. There are
two statutory licenses in the Copyright
Act that enable a digital audio service to
transmit performances of copyrighted
sound recordings: section 112 and
section 114. 17 U.S.C. 112 & 114.
Congress initially established these
licenses in the Digital Performance
Right in Sound Recordings Act of 1995,
Pub. L. No. 104–39, for subscription
digital audio services then in existence,
and later amended sections 112 and 114
in the Digital Millennium Copyright Act
of 1998, Pub. L. No. 105–304, to include
other types of digital audio services. It
is the former category of services
(hereinafter referred to as ‘‘preexisting
subscription services’’) to which this
final rule applies.
On June 24, 1998, the Copyright
Office published interim regulations
establishing the requirements by which
copyright owners receive reasonable
notice of the use of their works from
preexisting subscription services, and
how reports of use shall be kept and
made available to copyright owners.
Originally codified at § § 201.35 through
201.37 of title 37 of the Code of Federal
Regulations, these regulations have
recently been moved to part 270 of the
CFR, but have remained unchanged. On
March 18, 2003, the preexisting
subscription services–Music Choice,
DMX Music Inc., and Muzak LLC–and
representative organizations of
copyright owners of sound recordings–
SoundExchange, Inc., the American
Federation of Television and Radio
Artists, and the American Federation of
Musicians–filed a petition with the
Copyright Office seeking to amend the
regulations regarding reports of use
(formerly § 201.36, now § 270.2) for
preexisting subscription services. At
that time, the Office was conducting a
rulemaking proceeding to establish
notice and recordkeeping requirements
for digital audio services other than
preexisting subscription services and
declined to include the petition in that
proceeding. See 69 FR 11515, 11517 n.9
(March 11, 2004). Instead, the Office
determined to address the petition ‘‘in
a separate Federal Register document.’’
Id. A Notice of Proposed Rulemaking
(‘‘NPRM’’) was published on March 15,
2005. 70 FR 12631 (March 15, 2005).
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24310
Federal Register / Vol. 70, No. 88 / Monday, May 9, 2005 / Rules and Regulations
(4) The featured recording artist,
group, or orchestra;
(5) The retail album title (or, in the
case of compilation albums created for
commercial purposes, the name of the
List of Subjects in Part 270
retail album identified by the
Copyright, Sound Recordings.
preexisting subscription service for
purchase of the sound recording);
Final Regulations
(6) The marketing label of the
commercially available album or other
I In consideration of the foregoing, the
Copyright Office is amending part 270 of product on which the sound recording
is found;
37 CFR to read as follows:
(7) The catalog number;
PART 270—NOTICE AND
(8) The International Standard
RECORDKEEPING REQUIREMENTS
Recording Code (ISRC) embedded in the
FOR STATUTORY LICENSES
sound recording, where available and
feasible;
I 1. The authority citation for part 270
(9) Where available, the copyright
continues to read as follows:
owner information provided in the
Authority: 17 U.S.C. 702
copyright notice on the retail album or
I 2. Section 270.2 is amended as follows: other product (e.g., following the
a. By revising paragraph (b)(2);
symbol (P), that is the letter P in a circle)
b. By revising paragraph (b)(3);
or, in the case of compilation albums
c. In paragraph (c), by adding ‘‘or
created for commercial purposes, in the
pursuant to a settlement agreement
copyright notice for the individual
reached or statutory license adopted
sound recording;
pursuant to section 112(e)’’ after ‘‘17
(10) The date of transmission; and
U.S.C. 802(f)’’ and by removing
(11) The time of transmission.
‘‘twentieth’’ and adding ‘‘forty–fifth’’ in
* * * * *
its place;
Dated: April 20, 2005.
d. In paragraph (d) introductory text,
Marybeth Peters,
by removing ‘‘20th’’ and adding ‘‘forty–
Register of Copyrights.
fifth’’ in its place; and
Approved by:
e. By revising paragraph (e).
The additions and revisions to § 270.2 James H. Billington,
The Librarian of Congress.
read as follows:
The Office did not receive any public
comments and, consequently, is
adopting the rule changes as proposed
in the NPRM.
[FR Doc. 05–9221 Filed 5–6–05; 8:45 am]
§ 270.2 Reports of use of sound
recordings under statutory license for
preexisting subscription services.
BILLING CODE 1410–33–S
* * * * *
(b) * * *
(2) A Report of Use of Sound
Recordings Under Statutory License is
the report of use required under this
section to be provided by a Service
transmitting sound recordings and
making ephemeral phonorecords
therewith under statutory licenses.
(3) A Service is a preexisting
subscription service, as defined in 17
U.S.C. 114(j)(11).
* * * * *
(e) Content. A ‘‘Report of Use of
Sound Recordings under Statutory
License’’ shall be identified as such by
prominent caption or heading, and shall
include a preexisting subscription
service’s ‘‘Intended Playlists’’ for each
channel and each day of the reported
month. The ‘‘Intended Playlists’’ shall
include a consecutive listing of every
recording scheduled to be transmitted,
and shall contain the following
information in the following order:
(1) The name of the preexisting
subscription service or entity;
(2) The channel;
(3) The sound recording title;
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17:12 May 06, 2005
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[R04–OAR–2005–GA–0004–200504(a); FRL–
7909–3]
Approval and Promulgation of
Implementation Plans Georgia:
Approval of Revisions to the Georgia
State Implementation Plan
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
SUMMARY: The EPA is approving the
State Implementation Plan (SIP)
revisions submitted by the State of
Georgia, through the Georgia
Environmental Protection Division
(GAEPD), on March 15, 2005. These
revisions pertain to Georgia’s rules for
Air Quality Control. These revisions
were the subject of a public hearing held
on March 18, 2004, adopted by the
Board of Natural Resources on April 28,
2004, and became effective on July 8,
2004. On September 26, 2003, EPA
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
published a final rule in the Federal
Register (see 68 FR 55469) reclassifying
the Atlanta 1-hour ozone nonattainment
area from serious to severe. These
revisions satisfy the additional
requirements for severe 1-hour ozone
nonattainment areas.
DATES: This direct final rule is effective
July 8, 2005 without further notice,
unless EPA receives adverse comment
by June 8, 2005. If adverse comment is
received, EPA will publish a timely
withdrawal of the direct final rule in the
Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Regional Material in
EDocket (RME) ID No. R04–OAR–2005–
GA–0004, by one of the following
methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
2. Agency Web site: https://
docket.epa.gov/rmepub/ RME, EPA’s
electronic public docket and comment
system, is EPA’s preferred method for
receiving comments. Once in the
system, select ‘‘quick search,’’ then key
in the appropriate RME Docket
identification number. Follow the online instructions for submitting
comments.
3. E-mail: martin.scott@epa.gov.
4. Fax: (404) 562–9019.
5. Mail: ‘‘R04–OAR–2005–GA–0004’’,
Regulatory Development Section, Air
Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960.
6. Hand Delivery or Courier. Deliver
your comments to: Scott M. Martin,
Regulatory Development Section, Air
Planning Branch, Air, Pesticides and
Toxics Management Division 12th floor,
U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. Such
deliveries are only accepted during the
Regional Office’s normal hours of
operation. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 to 4:30, excluding federal
holidays.
Instructions: Direct your comments to
RME ID No. R04–OAR–2005–GA–0004.
EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
docket.epa.gov/rmepub/, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
E:\FR\FM\09MYR1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 88 (Monday, May 9, 2005)]
[Rules and Regulations]
[Pages 24309-24310]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-9221]
=======================================================================
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LIBRARY OF CONGRESS
Copyright Office
37 CFR Part 270
[Docket No. RM 2005-2A]
Reports of Use of Sound Recordings Under Statutory License
AGENCY: Copyright Office, Library of Congress.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Copyright Office of the Library of Congress is adopting
amendments to the rules governing reports of use of sound recordings
under the statutory license for preexisting subscription services.
DATES: June 8, 2005.
FOR FURTHER INFORMATION CONTACT: David O. Carson, General Counsel, or
William J. Roberts, Jr. Telephone: (202) 707-8380. Telefax: (202) 252-
3423.
SUPPLEMENTARY INFORMATION: Digital audio services provide copyrighted
sound recordings of music for the listening enjoyment of the users of
those services. In order to provide these sound recordings, however, a
digital audio service must license the copyrights to each musical work,
as well as the sound recording of the musical work. There are two
statutory licenses in the Copyright Act that enable a digital audio
service to transmit performances of copyrighted sound recordings:
section 112 and section 114. 17 U.S.C. 112 & 114. Congress initially
established these licenses in the Digital Performance Right in Sound
Recordings Act of 1995, Pub. L. No. 104-39, for subscription digital
audio services then in existence, and later amended sections 112 and
114 in the Digital Millennium Copyright Act of 1998, Pub. L. No. 105-
304, to include other types of digital audio services. It is the former
category of services (hereinafter referred to as ``preexisting
subscription services'') to which this final rule applies.
On June 24, 1998, the Copyright Office published interim
regulations establishing the requirements by which copyright owners
receive reasonable notice of the use of their works from preexisting
subscription services, and how reports of use shall be kept and made
available to copyright owners. Originally codified at Sec. Sec.
201.35 through 201.37 of title 37 of the Code of Federal Regulations,
these regulations have recently been moved to part 270 of the CFR, but
have remained unchanged. On March 18, 2003, the preexisting
subscription services-Music Choice, DMX Music Inc., and Muzak LLC-and
representative organizations of copyright owners of sound recordings-
SoundExchange, Inc., the American Federation of Television and Radio
Artists, and the American Federation of Musicians-filed a petition with
the Copyright Office seeking to amend the regulations regarding reports
of use (formerly Sec. 201.36, now Sec. 270.2) for preexisting
subscription services. At that time, the Office was conducting a
rulemaking proceeding to establish notice and recordkeeping
requirements for digital audio services other than preexisting
subscription services and declined to include the petition in that
proceeding. See 69 FR 11515, 11517 n.9 (March 11, 2004). Instead, the
Office determined to address the petition ``in a separate Federal
Register document.'' Id. A Notice of Proposed Rulemaking (``NPRM'') was
published on March 15, 2005. 70 FR 12631 (March 15, 2005).
[[Page 24310]]
The Office did not receive any public comments and, consequently, is
adopting the rule changes as proposed in the NPRM.
List of Subjects in Part 270
Copyright, Sound Recordings.
Final Regulations
0
In consideration of the foregoing, the Copyright Office is amending
part 270 of 37 CFR to read as follows:
PART 270--NOTICE AND RECORDKEEPING REQUIREMENTS FOR STATUTORY
LICENSES
0
1. The authority citation for part 270 continues to read as follows:
Authority: 17 U.S.C. 702
0
2. Section 270.2 is amended as follows:
a. By revising paragraph (b)(2);
b. By revising paragraph (b)(3);
c. In paragraph (c), by adding ``or pursuant to a settlement
agreement reached or statutory license adopted pursuant to section
112(e)'' after ``17 U.S.C. 802(f)'' and by removing ``twentieth'' and
adding ``forty-fifth'' in its place;
d. In paragraph (d) introductory text, by removing ``20th'' and
adding ``forty-fifth'' in its place; and
e. By revising paragraph (e).
The additions and revisions to Sec. 270.2 read as follows:
Sec. 270.2 Reports of use of sound recordings under statutory license
for preexisting subscription services.
* * * * *
(b) * * *
(2) A Report of Use of Sound Recordings Under Statutory License is
the report of use required under this section to be provided by a
Service transmitting sound recordings and making ephemeral phonorecords
therewith under statutory licenses.
(3) A Service is a preexisting subscription service, as defined in
17 U.S.C. 114(j)(11).
* * * * *
(e) Content. A ``Report of Use of Sound Recordings under Statutory
License'' shall be identified as such by prominent caption or heading,
and shall include a preexisting subscription service's ``Intended
Playlists'' for each channel and each day of the reported month. The
``Intended Playlists'' shall include a consecutive listing of every
recording scheduled to be transmitted, and shall contain the following
information in the following order:
(1) The name of the preexisting subscription service or entity;
(2) The channel;
(3) The sound recording title;
(4) The featured recording artist, group, or orchestra;
(5) The retail album title (or, in the case of compilation albums
created for commercial purposes, the name of the retail album
identified by the preexisting subscription service for purchase of the
sound recording);
(6) The marketing label of the commercially available album or
other product on which the sound recording is found;
(7) The catalog number;
(8) The International Standard Recording Code (ISRC) embedded in
the sound recording, where available and feasible;
(9) Where available, the copyright owner information provided in
the copyright notice on the retail album or other product (e.g.,
following the symbol (P), that is the letter P in a circle) or, in the
case of compilation albums created for commercial purposes, in the
copyright notice for the individual sound recording;
(10) The date of transmission; and
(11) The time of transmission.
* * * * *
Dated: April 20, 2005.
Marybeth Peters,
Register of Copyrights.
Approved by:
James H. Billington,
The Librarian of Congress.
[FR Doc. 05-9221 Filed 5-6-05; 8:45 am]
BILLING CODE 1410-33-S
