Library of Congress 2011 – Federal Register Recent Federal Regulation Documents

Distribution of the 2004-2009 Cable and Satellite Royalty Funds
Document Number: 2011-33037
Type: Notice
Date: 2011-12-27
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges are soliciting objections on motions of the Phase I claimants for further distributions in connection with the 2004-2009 cable and satellite royalty funds as well as requesting comments as to the existence of Phase I and Phase II controversies with respect to the distribution of these royalty funds.
Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies
Document Number: 2011-32509
Type: Proposed Rule
Date: 2011-12-20
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The United States Copyright Office (``Office'') seeks comments on proposals to exempt certain classes of works from the prohibition on circumvention of technological measures that control access to copyrighted works. The Office has initiated a rulemaking proceeding in accordance with provisions added by the Digital Millennium Copyright Act (``DMCA'') which provide that the Librarian of Congress (``Librarian''), upon the recommendation of the Register of Copyrights, may exempt certain classes of works from the prohibition against circumvention. The purpose of this proceeding is to determine whether there are particular classes of works as to which users are, or are likely to be, adversely affected in their ability to make noninfringing uses due to the prohibition on circumvention. This notice publishes the classes of works received by the Office, which were proposed by several parties in the comment period that ended on December 1, 2011.
Cost of Living Adjustment for Performance of Musical Compositions by Colleges and Universities
Document Number: 2011-30712
Type: Rule
Date: 2011-12-01
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges announce a cost of living adjustment (``COLA'') of 3.5% in the royalty rates that colleges, universities, and other educational institutions that are not affiliated with National Public Radio pay for the use of published nondramatic musical compositions in the ASCAP, BMI and SESAC repertories. The COLA is based on the change in the Consumer Price Index from October 2010 to October 2011.
Cost of Living Adjustment to Satellite Carrier Compulsory License Royalty Rates
Document Number: 2011-30705
Type: Rule
Date: 2011-12-01
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges announce a cost of living adjustment (``COLA'') of 3.5% in the royalty rates paid by satellite carriers under the satellite carrier compulsory license of the Copyright Act. The COLA is based on the change in the Consumer Price Index from October 2010 to October 2011.
Cable Statutory License: Specialty Station List; Correction
Document Number: 2011-30522
Type: Notice
Date: 2011-11-28
Agency: Library of Congress, Agencies and Commissions, Copyright Office
Periodically, the Copyright Office (``Office'') seeks to update its list of specialty stations related to the use of the cable compulsory license. In response to the publication of an initial list of specialty stations for this purpose in April of this year, the Office received objections filed by the Motion Picture Association of America to the identification of certain stations as being entitled to specialty station status in accordance with the Federal Communications Commission's (``FCC'') definition of specialty station in effect on June 24, 1981. Corrections are being made to the specialty station list published on November 8, 2011.
Cable Statutory License: Specialty Station List
Document Number: 2011-28939
Type: Notice
Date: 2011-11-08
Agency: Library of Congress, Agencies and Commissions, Copyright Office
Periodically, the Copyright Office (``Office'') seeks to update its list of specialty stations related to the use of the cable compulsory license. In response to the publication of an initial list of specialty stations for this purpose in April of this year, the Office received objections filed by the Motion Picture Association of America to the identification of certain stations as being entitled to specialty station status in accordance with the Federal Communications Commission's (``FCC'') definition of specialty station in effect on June 24, 1981. Consequently, before compiling the final list, the Office is providing an opportunity for response to the filed objections. The Office is also publishing for comment a new list of television stations reported in filed affidavits received after publication of the initial list in which the owner or licensee of the television station attests that the station qualifies as a specialty station under the FCC's former rules.
Remedies for Small Copyright Claims
Document Number: 2011-27824
Type: Notice
Date: 2011-10-27
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
The U.S. Copyright Office is undertaking a study at the request of Congress to assess whether and, if so, how the current legal system hinders or prevents copyright owners from pursuing copyright infringement claims that have a relatively small economic value (``small copyright claims''); and recommend potential changes in administrative, regulatory, and statutory authority to improve the adjudication of these small copyright claims. The Office thus seeks comment on how copyright owners have handled small copyright claims and the obstacles they have encountered, as well as potential alternatives to the current legal system that could better accommodate such claims. This is a general inquiry and the Office will publish additional notices on this topic.
Discontinuance of Form CO in Registration Practices
Document Number: 2011-25230
Type: Proposed Rule
Date: 2011-09-30
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
The United States Copyright Office is proposing to amend its regulations to discontinue use of the Form CO application as an option for applying for copyright registration; and remove the references to CON 1 and CON 2 sheets. Form CO applications comprise only a small percentage of all applications submitted but they contain a significant number of errors, thus requiring a disproportionate amount of the Office's time, effort and resources to process. The proposed amendments would remove references to Form CO and would instead allow applicants a choice to file an application for registration either by filing the application electronically or by using the appropriate printed application form that relates to the subject matter of the application (i.e., Form TX for nondramatic literary works, Form PA for works of the performing arts, Form VA for works of visual art, Form SR for sound recordings, and Form SE for serials). Additionally, the proposed amendment would remove the references to CON 1 and CON 2 sheets, which were never developed or made available to the public, and would instead refer only to the continuation sheets currently available for applicants filing paper applications.
Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies
Document Number: 2011-25106
Type: Proposed Rule
Date: 2011-09-29
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
The United States Copyright Office is preparing to conduct proceedings in accordance with provisions added by the Digital Millennium Copyright Act which provide that the Librarian of Congress, upon the recommendation of the Register of Copyrights, may exempt certain classes of works from the prohibition against circumvention of technological measures that control access to copyrighted works. The purpose of this rulemaking proceeding is to determine whether there are particular classes of works as to which users are, or are likely to be, adversely affected in their ability to make noninfringing uses due to the prohibition on circumvention. This notice requests written comments from all interested parties, including representatives of copyright owners, educational institutions, libraries and archives, scholars, researchers and members of the public, in order to elicit evidence on whether noninfringing uses of certain classes of works are, or are likely to be, adversely affected by this prohibition on the circumvention of measures that control access to copyrighted works.
Designation of Agent To Receive Notification of Claimed Infringement
Document Number: 2011-24780
Type: Proposed Rule
Date: 2011-09-28
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
The Copyright Office is issuing this Notice of Proposed Rulemaking to solicit public comment on proposals to update its interim regulations governing the designation by online service providers of agents to receive notifications of claimed copyright infringement as provided for in the Copyright Act.
Distribution of 2010 DART Sound Recordings Fund Royalties
Document Number: 2011-23287
Type: Notice
Date: 2011-09-13
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges solicit comments on a motion for partial distribution in connection with 2010 DART Sound Recordings Fund royalties.
Distribution of the 2009 Satellite Royalty Funds
Document Number: 2011-22621
Type: Notice
Date: 2011-09-06
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges are soliciting comments on a motion of Phase I claimants for partial distribution in connection with the 2009 satellite royalty funds. The Judges are also requesting comments as to the existence of Phase I and Phase II controversies with respect to the distribution of 2009 satellite royalty funds.
Distribution of the 2009 Cable Royalty Funds
Document Number: 2011-22620
Type: Notice
Date: 2011-09-06
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges are soliciting comments on a motion of Phase I claimants for partial distribution in connection with the 2009 cable royalty funds. The Judges are also requesting comments as to the existence of Phase I and Phase II controversies with respect to the distribution of 2009 cable royalty funds.
Notice and Recordkeeping for Use of Sound Recordings Under Statutory License
Document Number: 2011-19306
Type: Rule
Date: 2011-08-01
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges are amending their regulations to authorize the use of proxy reports of use to permit distribution of royalties collected for the period April 1, 2004, through December 31, 2009, for the public performance of sound recordings by means of digital audio transmissions pursuant to statutory license. Proxy reports of use will be used for those services for which no reports of use were submitted or for which the reports of use were unusable.
Copyright Arbitration Royalty Panel Rules and Procedures
Document Number: 2011-17657
Type: Rule
Date: 2011-07-13
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The Copyright Office is making an amendment to its regulations by removing Part 251 Copyright Arbitration Royalty Panel Rules of Procedure. In 2004, Congress replaced the Copyright Arbitration Royalty Panels with three Copyright Royalty Judges who operate under separate regulations.
Fees for Special Handling of Registration Claims
Document Number: 2011-16432
Type: Rule
Date: 2011-06-30
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
The Copyright Office is extending for one year the interim rule relating to fees for special handling of registration claims that have been pending for at least six months. Currently, the interim rule is set to expire on July 1, 2011, and this extension will change the expiration date to July 1, 2012.
Gap in Termination Provisions
Document Number: 2011-13845
Type: Rule
Date: 2011-06-06
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
The Copyright Office is amending its regulations governing notices of termination of certain grants of transfers and licenses of copyright under section 203 of the Copyright Act. The amendments are intended to clarify the recordation practices of the Copyright Office regarding the content of certain notices of termination, and the circumstances under which such notices will be accepted by the Office. In particular, they clarify that the Copyright Office will record section 203 notices of termination of grants for works created after 1977 even when the agreement to make a grant was made before 1978.
Registration and Recordation Program
Document Number: 2011-11719
Type: Rule
Date: 2011-05-13
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The Copyright Office is making non-substantive amendments to its regulations to reflect a reorganization that has moved the Recordation function from the Visual Arts and Recordation Division of the Registration and Recordation Program to the Information and Records Division. As a result of this reorganization, the name of the Registration and Recordation Program has been changed to the Registration Program.
Section 302 Report
Document Number: 2011-11226
Type: Notice
Date: 2011-05-10
Agency: Library of Congress, Agencies and Commissions, Copyright Office
In Section 302 of the Satellite Television Extension and Localism Act, Congress directed the Copyright Office (``Office'') to prepare a report addressing possible mechanisms, methods, and recommendations for phasing out the statutory licensing requirements set forth in Sections 111, 119, and 122 of the Copyright Act. The Office published a Notice of Inquiry (``NOI'') in the Federal Register, seeking comments on issues related to Section 302. 76 FR 11816 (March 3, 2011). The Office announces that it will hold a public hearing on the issues raised by the NOI on June 10, 2011.
Federal Copyright Protection of Sound Recordings Fixed Before February 15, 1972
Document Number: 2011-11224
Type: Notice
Date: 2011-05-09
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The Copyright Office will host a public meeting to discuss the desirability and means of bringing sound recordings fixed before February 15, 1972 under Federal jurisdiction. The meeting will provide a forum, in the form of a roundtable discussion, for interested parties to address the legal, policy, and factual questions raised so far regarding pre-1972 sound recordings. It will take place on June 2 and 3, 2011 at the Copyright Office in Washington, DC. In order to participate in the meeting, interested parties should submit a request via the Copyright Office Web site.
Cable Statutory License: Specialty Station List
Document Number: 2011-9806
Type: Notice
Date: 2011-04-22
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The Copyright Office is publishing an initial list of television stations listed in filed affidavits in which the owner or licensee of the television station attests that the station qualifies as a specialty station in accordance with the Federal Communications Commission's (``FCC'') definition of specialty station in effect on June 24, 1981, and is requesting any objections to an owner's claim of specialty station status be filed with the Copyright Office. The final list shall be used to verify the specialty station status of those television stations identified as such by cable systems on their semi- annual statements of account.
Notice and Recordkeeping for Use of Sound Recordings Under Statutory License
Document Number: 2011-9455
Type: Proposed Rule
Date: 2011-04-19
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges are proposing to amend their regulations to provide reporting of uses of sound recordings performed by means of digital audio transmissions pursuant to statutory license for the period April 1, 2004, through December 1, 2009.
Notice of Public Meeting: Technical Aspects of Mandatory Deposit of Published Electronic Works Available Only Online
Document Number: 2011-9013
Type: Notice
Date: 2011-04-14
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The U.S. Copyright Office of the Library of Congress will host a public meeting on May 24, 2011, with members of the publishing community to discuss lessons learned from the Office's receipt of electronic deposits in fulfillment of the mandatory deposit requirements of the copyright law. The objective is to identify file submission, packaging, and formatting standards that can effectively and efficiently be adapted to the workflow requirements for both the publishing community and the Library of Congress.
Section 302 Report
Document Number: 2011-8730
Type: Notice
Date: 2011-04-12
Agency: Library of Congress, Agencies and Commissions, Copyright Office
In Section 302 of the Satellite Television Extension and Localism Act (``STELA''), Congress directed the Copyright Office (``Office'') to prepare a report addressing possible mechanisms, methods, and recommendations for phasing out the statutory licensing requirements set forth in Sections 111, 119, and 122 of the Copyright Act. The Office published a Notice of Inquiry (``NOI'') in the Federal Register on March 3, 2011, seeking comment on issues related to Section 302. (76 FR 11816). This notice is extending the time in which comments and reply comments can be filed in this proceeding.
Digital Performance Right in Sound Recordings and Ephemeral Recordings
Document Number: 2011-4995
Type: Rule
Date: 2011-03-09
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges are announcing their final determination of the rates and terms for two statutory licenses, permitting certain digital performances of sound recordings and the making of ephemeral recordings, for the period beginning January 1, 2011, and ending on December 31, 2015.
Section 302 Report
Document Number: 2011-5237
Type: Notice
Date: 2011-03-08
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The Copyright Office published in the Federal Register of March 3, 2011, a Notice of Inquiry seeking comments for a report to Congress addressing possible recommendations for phasing out the statutory licensing requirements in Section 111, 119, and 122 of the Copyright Act.
Section 302 Report
Document Number: 2011-4717
Type: Notice
Date: 2011-03-03
Agency: Library of Congress, Agencies and Commissions, Copyright Office
Congress has directed the Copyright Office (``Office'') to prepare a report addressing possible mechanisms, methods, and recommendations for phasing out the statutory licensing requirements set forth in Sections 111, 119, and 122 of the Copyright Act. This notice seeks comment on marketplace solutions to replace the use of the statutory licenses for the retransmission of over-the-air broadcast signals, suggestions for ways to implement market-based licensing practices, and legislative and regulatory actions that would be needed to bring about these changes.
Distribution of 2005 Through 2008 DART Musical Works Funds Royalties
Document Number: 2011-4462
Type: Notice
Date: 2011-03-01
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges are soliciting comments on a motion for partial distribution in connection with 2005, 2006, 2007, and 2008 DART Musical Works Fund royalties.
Federal Copyright Protection of Sound Recordings Fixed Before February 15, 1972
Document Number: 2011-4126
Type: Notice
Date: 2011-02-24
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The Copyright Office of the Library of Congress is extending the deadline for filing reply comments in response to its Notice of Inquiry requesting public input on the desirability and means of bringing sound recordings fixed before February 15, 1972 under federal jurisdiction. Initial comments are available for review on the Copyright Office Web site.
Administration of Copyright Office Deposit Accounts
Document Number: 2011-3598
Type: Rule
Date: 2011-02-17
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The Copyright Office is amending its regulations to set the minimum level of activity required to hold a deposit account at 12 transactions per year; require deposit account holders to maintain a minimum balance in that account; require the closure of a deposit account the second time it is overdrawn within any 12-month period; and offer deposit account holders the option of automatic replenishment of their account via their bank account or credit card.
Distribution of 2000, 2001, 2002, and 2003 Cable Royalty Funds
Document Number: 2011-2940
Type: Notice
Date: 2011-02-10
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges are announcing the commencement of a proceeding to determine the Phase II distribution of 2000, 2001, 2002, and 2003 royalties collected under the cable statutory license. The Judges are also announcing the date by which a party who wishes to participate in this distribution proceeding must file its Petition to Participate and the accompanying $150 filing fee, if applicable.
Deposit Requirements for Registration of Automated Databases That Predominantly Consist of Photographs
Document Number: 2011-1884
Type: Proposed Rule
Date: 2011-01-28
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The Copyright Office is proposing to amend its regulations, including the recently published interim regulations regarding electronic registration of automated databases that consist predominantly of photographs and group registration of published photographs (the ``Interim Regulations''), governing the deposit requirements for applications for automated databases that consist predominantly of photographs. The proposed amendments would require that, in addition to providing material relating to claimed compilation authorship, the deposits for such databases include the image of each photograph in which copyright is claimed. The Office believes that this amendment will align the deposit requirements for such databases with the deposit requirements for published or unpublished photographs as a single work or group registration of published photographs and provide a better public record identifying the scope of the copyright claim.
Cable Compulsory License: Specialty Station List
Document Number: 2011-1883
Type: Notice
Date: 2011-01-28
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The Copyright Office is compiling a new specialty station list to identify commercial television broadcast stations which, according to their owners, qualified as specialty stations under the former distant signal carriage rules of the Federal Communications Commission (FCC). The list has been periodically updated to reflect an accurate listing of specialty stations. The Copyright Office is again requesting all interested owners of television broadcast stations that qualify as specialty stations, including those that previously filed affidavits, to submit sworn affidavits to the Copyright Office stating that the programming of their stations meets the requirements specified under the FCC regulations in effect on June 24, 1981.
Registration of Claims of Copyright
Document Number: 2011-1332
Type: Rule
Date: 2011-01-24
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The Copyright Office is adopting interim regulations governing the electronic submission of applications for registration of automated databases that predominantly consist of photographs, and applications for group registration of published photographs. This interim rule establishes a testing period and pilot program during which the Copyright Office will assess the desirability and feasibility of permanently allowing such applications to be submitted through the Copyright Office's electronic filing system (``eCO''). Persons wishing to submit electronic applications to register copyrights of such photographic databases or of groups of published photographs should contact the Visual Arts Division for permission and guidance on electronic registration. Notwithstanding the ordinary deposit requirements for group registration of automated databases, an electronic application for group registration of an automated database that consists predominantly of photographic authorship must include the image of each claimed photograph in the database. The interim regulations also allow applicants to use forms other than Form TX, as appropriate, when submitting paper applications to register group automated databases.
Determination of Reasonable Rates and Terms for Noncommercial Broadcasting
Document Number: 2010-32636
Type: Notice
Date: 2011-01-05
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges are announcing the commencement of the proceeding \1\ to determine the reasonable rates and terms for use of certain works in connection with noncommercial broadcasting. The Copyright Royalty Judges also are announcing the date by which a party who wishes to participate in the rate proceeding must file its Petition to Participate and the accompanying $150 filing fee.
Determination of Rates and Terms for Preexisting Subscription and Satellite Digital Audio Radio Services
Document Number: 2010-32635
Type: Notice
Date: 2011-01-05
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges are announcing the commencement of the proceeding \1\ to determine the reasonable rates and terms for preexisting subscription and satellite digital audio radio services for the digital performance of sound recordings and the making of ephemeral recordings for the period beginning January 1, 2013, and ending December 31, 2017. The Copyright Royalty Judges also are announcing the date by which a party who wishes to participate in the rate determination proceeding must file its Petition to Participate and the accompanying $150 filing fee.
Adjustment or Determination of Compulsory License Rates for Making and Distributing Phonorecords
Document Number: 2010-32634
Type: Notice
Date: 2011-01-05
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges are announcing the commencement of the proceeding \1\ to determine the reasonable rates and terms for making and distributing phonorecords. The Copyright Royalty Judges also are announcing the date by which a party who wishes to participate in the rate proceeding must file its Petition to Participate and the accompanying $150 filing fee.