Library of Congress 2012 – Federal Register Recent Federal Regulation Documents

Copyright Office Fees
Document Number: 2012-29229
Type: Proposed Rule
Date: 2012-12-06
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The Copyright Office has further revised its proposed fee schedule for filing cable and satellite statements of account following feedback from interested parties in response to a Notice of Proposed Rulemaking published on March 28, 2012. The modified fee schedule set forth below reflects an updated calculation of the cost of providing services.
Extension of Comment Period: Orphan Works and Mass Digitization
Document Number: 2012-29023
Type: Notice
Date: 2012-11-30
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The Copyright Office is extending the period of public comment in response to its October 22, 2012 Notice of Inquiry requesting comments on issues relating to orphan works and mass digitization under U.S. copyright law.
Electronic Filing in the Copyright Office of Notices of Intention To Obtain a Section 115 Compulsory License
Document Number: 2012-28906
Type: Rule
Date: 2012-11-29
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The Copyright Office is amending its regulations for filing Notices of Intention to obtain a Section 115 compulsory license with the Copyright Office to provide an option for electronically filing notices. By law, such notices may be filed in the Office only when the public records of the Copyright Office do not identify the copyright owner of the musical work and include an address at which notice can be served. In addition, the Copyright Office is amending its regulations to clarify the rules for filing physical Notices of Intention, to clarify that it does not examine Notices of Intention filed with the Office for legal sufficiency, and to include a Privacy Act Advisory Statement.
Determination of Reasonable Rates and Terms for Noncommercial Broadcasting
Document Number: 2012-28785
Type: Rule
Date: 2012-11-29
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges are publishing final regulations setting the rates and terms for use of certain works in connection with noncommercial broadcasting for the period commencing January 1, 2013, and ending on December 31, 2017.
Cost of Living Adjustment to Satellite Carrier Compulsory License Royalty Rates
Document Number: 2012-28507
Type: Rule
Date: 2012-11-26
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 2.2% 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 2011 to October 2012.
Mechanical and Digital Phonorecord Delivery Compulsory License
Document Number: 2012-27774
Type: Proposed Rule
Date: 2012-11-15
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The Copyright Office is extending the deadline for filing reply comments regarding its Notice of Proposed Rulemaking concerning regulations for reporting Monthly and Annual Statements of Account for the making and distribution of phonorecords under a compulsory license.
Registration of Claims to Copyright: Group Registration of Serial Issues Filed Electronically
Document Number: 2012-27231
Type: Rule
Date: 2012-11-08
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The Copyright Office is adopting interim regulations that allow groups of related serial issues to be filed through the Office's electronic registration system. This interim rule will also allow applicants for groups of related serials, in certain circumstances, to mail physical deposit copies of the serial issues upon submitting an electronic application and payment, when electronic deposit copies do not exist. Regardless of the registration option chosen, applicants must still send two complimentary subscription copies of the serial promptly to the Library of Congress as a condition of eligibility unless directed otherwise by the Office. While filing electronically is not mandatory, the Copyright Office strongly urges applicants to use the electronic filing option since it is more efficient for both the user and the agency.
Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies
Document Number: 2012-26308
Type: Rule
Date: 2012-10-26
Agency: Library of Congress, Agencies and Commissions, Copyright Office
Having duly considered and accepted the Recommendation of the Register of Copyrights that the prohibition against circumvention of technological measures that effectively control access to copyrighted works shall not apply to persons who engage in noninfringing uses of certain classes of copyrighted works, the Librarian of Congress is exercising his authority to publish a new rule designating classes of copyrighted works that shall be subject to statutory exemption.
Orphan Works and Mass Digitization
Document Number: 2012-25932
Type: Notice
Date: 2012-10-22
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The U.S. Copyright Office is reviewing the problem of orphan works under U.S. copyright law in continuation of its previous work on the subject and in order to advise Congress as to possible next steps for the United States. The Office has long shared the concern with many in the copyright community that the uncertainty surrounding the ownership status of orphan works does not serve the objectives of the copyright system. For good faith users, orphan works are a frustration, a liability risk, and a major cause of gridlock in the digital marketplace. The issue is not contained to the United States. Indeed, in recent months, the European Commission has adopted measures that would begin to resolve the issue in certain contexts and a number of foreign governments are reviewing or proposing solutions. The Copyright Office seeks comments regarding the current state of play for orphan works. It is interested in what has changed in the legal and business environments during the past few years that might be relevant to a resolution of the problem and what additional legislative, regulatory, or voluntary solutions deserve deliberation. This is a general inquiry and the Office will likely publish additional notices on this topic.
Extension of Comment Period: Resale Royalty Right
Document Number: 2012-25370
Type: Notice
Date: 2012-10-16
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The Copyright Office is extending the period of public comment in response to its September 19, 2012 Notice of Inquiry requesting comments regarding issues relating to consideration of a federal resale royalty right.
Verification of Statements of Account Submitted by Cable Operators and Satellite Carriers
Document Number: 2012-24321
Type: Proposed Rule
Date: 2012-10-03
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The Copyright Office is again extending the deadline for filing reply comments in response to its Notice of Proposed Rulemaking concerning the verification of Statements of Account and royalty payments that are deposited with the Office by cable operators and satellite carriers.
Resale Royalty Right
Document Number: 2012-23076
Type: Notice
Date: 2012-09-19
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The U.S. Copyright Office is undertaking an inquiry at the request of Congress to review how current copyright law affects and supports visual artists; and how a federal resale royalty right for visual artists would affect current and future practices of groups or individuals involved in the creation, licensing, sale, exhibition, dissemination, and preservation of works of visual art. The Office thus seeks comments from the public on the means by which visual artists exploit their works under existing law as well as the issues and obstacles that may be encountered when considering a federal resale royalty right in the United States.
Extension of Comment Period: Remedies for Small Copyright Claims: Additional Comments
Document Number: 2012-22712
Type: Notice
Date: 2012-09-14
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The Copyright Office is extending the period of public comment in response to its August 23, 2012 Notice of Inquiry requesting additional comments regarding issues relating to remedies for small copyright claims.
Verification of Statements of Account Submitted by Cable Operators and Satellite Carriers
Document Number: 2012-22320
Type: Proposed Rule
Date: 2012-09-11
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The Copyright Office is extending the deadline for filing reply comments in response to its Notice of Proposed Rulemaking concerning the verification of Statements of Account and royalty payments that are deposited with the Office by cable operators and satellite carriers. Initial comments are available for review on the Copyright Office Web site.
Mechanical and Digital Phonorecord Delivery Compulsory License
Document Number: 2012-22317
Type: Proposed Rule
Date: 2012-09-11
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The Copyright Office is extending the deadline for filing comments and reply comments regarding its Notice of Proposed Rulemaking concerning regulations for reporting Monthly and Annual Statements of Account for the making and distribution of phonorecords under compulsory licenses obtained pursuant to 17 U.S.C. 115.
Registration of Copyright: Definition of Claimant
Document Number: 2012-21703
Type: Proposed Rule
Date: 2012-09-04
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The Copyright Office is extending the reply comment period on the proposed rule to amend its regulations governing the definition of a ``claimant'' for purposes of copyright registration by eliminating the footnote to the definition of a ``claimant'' in Sec. 202.3(a)(3)(ii).
Notice of Intent To Audit
Document Number: 2012-21049
Type: Notice
Date: 2012-08-27
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges are announcing receipt of two notices of intent to audit the 2009, 2010, and 2011 statements of account submitted by DKCM, Inc. and Greater Media, Inc., concerning the royalty payments made by each pursuant to two statutory licenses.
Remedies for Small Copyright Claims: Additional Comments
Document Number: 2012-20802
Type: Notice
Date: 2012-08-23
Agency: Library of Congress, Agencies and Commissions, Copyright Office
This is the second request for public comment pertaining to a study undertaken by the U.S. Copyright Office at the request of Congress on the topic of adjudicating small copyright claims. The study will assess whether and, if so, how the current legal system hinders or prevents copyright owners from pursuing claims that have a relatively small economic value and will discuss, with appropriate recommendations, potential changes in administrative, regulatory, and statutory authority. At this time, the Office seeks additional comments on some of the possible alternatives. The Copyright Office also announces two public meetings following the comment period, to be held during November 2012 in New York and Los Angeles, respectively.
Distribution of 2011 DART Sound Recordings Fund Royalties
Document Number: 2012-19155
Type: Notice
Date: 2012-08-07
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 2011 DART Sound Recordings Fund royalties.
Distribution of the 2010 Cable Royalty Funds
Document Number: 2012-18930
Type: Notice
Date: 2012-08-03
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 2010 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 2010 cable royalty funds.
Distribution of 2010 Satellite Royalty Funds
Document Number: 2012-18928
Type: Notice
Date: 2012-08-03
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 2010 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 2010 satellite royalty funds.
Mechanical and Digital Phonorecord Delivery Compulsory License
Document Number: 2012-18275
Type: Proposed Rule
Date: 2012-07-27
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The Copyright Office of the Library of Congress is proposing to amend its regulations for reporting Monthly and Annual Statements of Account for the making and distribution of phonorecords under the compulsory license, 17 U.S.C. 115, to bring the regulations up to date to reflect recent and pending rate determinations by the Copyright Royalty Judges, which among other things provide new rates for limited downloads, interactive streaming and incidental digital phonorecord deliveries, and to harmonize these reporting requirements with the existing regulations for reporting the making and distribution of physical phonorecords, permanent downloads and ringtones.
Distribution of the 2005, 2006, 2007 and 2008 Digital Audio Recording Technology Royalty Funds for the Musical Works Funds
Document Number: 2012-17680
Type: Notice
Date: 2012-07-20
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 distribution of the digital audio recording technology royalty fees in the 2005, 2006, 2007 and 2008 Musical Works Funds. The Judges are also announcing the date by which a party who wishes to participate in this 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: 2012-16723
Type: Rule
Date: 2012-07-09
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The Copyright Office is amending its regulations governing the deposit requirements for applications for automated databases that consist predominantly of photographs. The amendments require that, in addition to providing material related to claimed compilation authorship, the deposits for such databases include the image of each photograph in which copyright is claimed.
Determination of Reasonable Rates and Terms for Noncommercial Broadcasting
Document Number: C1-2012-15538
Type: Proposed Rule
Date: 2012-06-29
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
Determination of Reasonable Rates and Terms for Noncommercial Broadcasting
Document Number: 2012-15538
Type: Proposed Rule
Date: 2012-06-26
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges are publishing for comment proposed rates and terms for the performance of musical compositions by Public Broadcasting Service (``PBS''), National Public Radio (``NPR'') and other public broadcasting entities and for the use of published pictorial, graphic and sculptural works by public broadcasting entities pursuant to the statutory license under section 118 of the Copyright Act for the period 2013-2017.
Registration of Claims to Copyright
Document Number: 2012-15235
Type: Rule
Date: 2012-06-22
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The Copyright Office issues this statement of policy to clarify the practices relating to the examination of claims in compilations, and particularly in claims of copyrightable authorship in selection and arrangement of exercises or of other uncopyrightable matter. The statement also clarifies the Office's policies with respect to registration of choreographic works.
Verification of Statements of Account Submitted by Cable Operators and Satellite Carriers
Document Number: 2012-14454
Type: Proposed Rule
Date: 2012-06-14
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The Copyright Office is proposing a new regulation to implement provisions in the Satellite Television Extension and Localism Act of 2010 (``STELA'') that will allow copyright owners to audit certain Statements of Account filed with the Copyright Office. Cable operators and satellite carriers pay royalties to and file Statements of Account with the Copyright Office every six months as required by law for the use of the statutory licenses that allow for the retransmission of programming carried on over-the-air broadcast signals. However, until the passage of STELA the licenses did not authorize the copyright owners, who are the beneficiaries of the royalties collected, to audit the information on Statements of Account and the amounts paid for use of the statutory licenses.
Electronic Filing in the Copyright Office of Notices of Intention To Obtain a Section 115 Compulsory License
Document Number: 2012-12652
Type: Proposed Rule
Date: 2012-05-25
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The Copyright Office is proposing to amend its regulations for filing Notices of Intention to obtain a Section 115 compulsory license with the Copyright Office to provide an option for electronically filing the notice. By law, such notices may be filed in the Office only when the public records of the Copyright Office do not identify the copyright owner of the musical work and include an address at which notice can be served. In addition, the Copyright Office is proposing to clarify in its regulations that it does not examine Notices of Intention filed with the Office for legal sufficiency and to include a Privacy Act Advisory Statement.
Registration of Copyright: Definition of Claimant
Document Number: 2012-11879
Type: Proposed Rule
Date: 2012-05-17
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The Copyright Office proposes to amend its regulations governing the definition of a ``claimant'' for purposes of copyright registration by eliminating the footnote to the definition of a ``claimant'' in Sec. 202.3(a)(3)(ii). The footnote currently extends the definition of a claimant to include individuals or entities that have obtained the contractual right to claim legal title to copyright in an application for copyright registration. This amendment would clarify that the copyright claimant must be either the author of the work, or a person or organization that has obtained ownership of all of the exclusive rights initially belonging to the author. The Copyright Office believes that the footnote creates considerable legal uncertainty while offering no clear benefits to the registration system. Removing it will foster the use of other available registration options that create a more meaningful public record.
Adjustment of Determination of Compulsory License Rates for Mechanical and Digital Phonorecords
Document Number: 2012-11751
Type: Proposed Rule
Date: 2012-05-17
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges are publishing for comment proposed regulations that set the rates and terms for the section 115 statutory license for the use of musical works in physical phonorecord deliveries, permanent digital downloads, ringtones, interactive streaming, limited downloads, limited offerings, mixed service bundles, music bundles, paid locker services and purchased content locker services.
Determination of Reasonable Rates and Terms for Noncommercial Broadcasting
Document Number: 2012-9927
Type: Proposed Rule
Date: 2012-04-25
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges are publishing for comment proposed rates and terms for use of certain works in connection with noncommercial broadcasting for the period commencing January 1, 2013, and ending on December 31, 2017.
Discontinuance of Form CO in Registration Practices
Document Number: C1-2012-7429
Type: Rule
Date: 2012-04-09
Agency: Library of Congress, Agencies and Commissions, Copyright Office
Cable Statutory License: Specialty Station List
Document Number: 2012-7430
Type: Notice
Date: 2012-03-28
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The Copyright Office is publishing a final list of stations listed in affidavits sent to the Copyright Office in which the owner or licensee of the 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. The list shall be used to verify the specialty station status of those stations identified as such by cable systems on their semi-annual statements of account.
Discontinuance of Form CO in Registration Practices
Document Number: 2012-7429
Type: Rule
Date: 2012-03-28
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The United States Copyright Office is amending its regulations in order to discontinue use of the Form CO application as an option for applying for copyright registration, and in order to remove references to CON 1 and CON 2 continuation sheets. The removal of Form CO leaves applicants a choice of filing an application for registration electronically or by using the appropriate printed application form relating to the subject matter of the application. The amendment also removes the references to CON 1 and CON 2 continuation sheets, which were never developed or made available to the public; the regulations instead now refer only to the continuation sheets currently available for applicants filing paper applications and makes other housekeeping amendments relating to applications for copyright registration.
Copyright Office Fees
Document Number: 2012-7428
Type: Proposed Rule
Date: 2012-03-28
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The Copyright Office is proposing the adoption of new fees for the registration of claims, recordation of documents, special services, Licensing Division services, and processing of FOIA requests. The proposed fees would recover a significant part of the costs to the Office for services that benefit both copyright owners and the public, and provide full cost recovery for many services which benefit only or primarily the user of that service. As part of the fee setting process, the Office is providing an opportunity to the public to comment on the proposed changes before submitting the fee schedule to Congress for review.
Fees
Document Number: 2012-7427
Type: Rule
Date: 2012-03-28
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The Copyright Office of the Library of Congress is publishing a final rule establishing an additional fee for a particular service: Travel expenses in connection with educational activities.
Notice of Intent To Audit
Document Number: 2012-5124
Type: Notice
Date: 2012-03-02
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges are announcing receipt of two notices of intent to audit the 2009, 2010, and 2011 statements of account submitted by Digitally Imported, Inc., and Beasley Broadcast Group, Inc., concerning the royalty payments made by each pursuant to two statutory licenses.
Copyright Office Fees
Document Number: 2012-1340
Type: Notice
Date: 2012-01-24
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The U.S. Copyright Office is in the process of reviewing its fees for services and will publish a proposed revised fee schedule in the spring. As part of the process of formulating that fee schedule, the Office seeks the views of interested parties on two particular issues: (1) With respect to the basic registration fee, should special consideration be provided to individual author-claimants registering a single work, and (2) are there any special services and corresponding fees the Office should expand, improve or add to its offerings at this time, including, for example, additional expedited services and fee options.
Notice of Intent to Audit
Document Number: 2012-834
Type: Notice
Date: 2012-01-18
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges are announcing receipt of a notice of intent to audit the 2008 statements of account submitted by Lastfm, Ltd., concerning the royalty payments made pursuant to two statutory licenses.
Determination of Rates and Terms for Business Establishment Services
Document Number: 2011-33632
Type: Notice
Date: 2012-01-03
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges are announcing the commencement of the proceeding to determine the reasonable rates and terms for the making of an ephemeral recording of a sound recording for a later transmission by entities that transmit performances of a sound recording to business establishments. The Judges also are announcing the date by which a party who wishes to participate in this rate proceeding must file its Petition to Participate and the accompanying $150 filing fee.