Library of Congress 2005 – Federal Register Recent Federal Regulation Documents

Digital Performance Right in Sound Recordings and Ephemeral Recordings for a New Subscription Service
Document Number: 05-23639
Type: Notice
Date: 2005-12-05
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Board of the Library of Congress is announcing the commencement of a proceeding to determine the reasonable rates and terms for the transmission and ephemeral recording statutory licenses that would apply to a new type of service. This new type of subscription service performs sound recordings on digital audio channels programmed by the licensee for transmission by a satellite television distribution service to its residential customers, where the audio channels are bundled with television channels as part of a ``basic'' package of service and not for a separate fee. The Board is also announcing the date by which a party who wishes to participate in the new rate proceeding must file its Petition to Participate and the accompanying $150 filing fee.
Cost of Living Adjustment for Performance of Musical Compositions by Colleges and Universities
Document Number: 05-23548
Type: Rule
Date: 2005-12-01
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Board of the Library of Congress announces a cost of living adjustment of 4.3% in the royalty rates paid by colleges, universities, or other nonprofit educational institutions that are not affiliated with National Public Radio for the use of copyrighted published nondramatic musical compositions in the BMI, ASCAP and SESAC repertoires. The cost of living adjustment is based on the change in the Consumer Price Index from October 2004 to October 2005.
Preregistration of Certain Unpublished Copyright Claims
Document Number: 05-21381
Type: Rule
Date: 2005-10-27
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
Pursuant to the Artists' Rights and Theft Prevention Act of 2005, the Copyright Office is publishing an interim regulation governing the preregistration of unpublished works that are being prepared for commercial distribution in classes of works that the Register of Copyrights has determined have had a history of pre-release infringement.
Adjustment of Cable Statutory License Royalty Rates
Document Number: 05-20096
Type: Rule
Date: 2005-10-06
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
The Copyright Office of the Library of Congress is publishing final regulations governing the adjustment of the royalty rates for the cable statutory license.
Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies
Document Number: 05-19721
Type: Proposed Rule
Date: 2005-10-03
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
The Copyright Office of the Library of Congress is preparing to conduct proceedings in accordance with section 1201(a)(1) of the Copyright Act, which was added by the Digital Millennium Copyright Act and which provides that the Librarian of Congress 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.
Distribution of the 2003 Cable Royalty Funds
Document Number: 05-18128
Type: Proposed Rule
Date: 2005-09-13
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Interim Chief Copyright Royalty Judge, on behalf of the Copyright Royalty Board, is requesting comments on the existence of controversies to the distribution of the 2003 cable royalty fund.
Satellite Home Viewer Extension and Reauthorization Act of 2004
Document Number: 05-16125
Type: Notice
Date: 2005-08-15
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
The Copyright Office of the Library of Congress is extending the time in which comments can be filed in response to its Notice of Inquiry requesting information for the preparation of the first report to the Congress required by the Satellite Home Viewer Extension and Reauthorization Act of 2004.
Distribution of 2002 and 2003 Digital Audio Recording Royalty Funds
Document Number: 05-15924
Type: Notice
Date: 2005-08-11
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
The Copyright Office of the Library of Congress is announcing the termination of two proceedings under the Copyright Arbitration Royalty Panel system to distribute royalty fees paid by importers and manufacturers of digital audio recording devices and media who distributed these products in the United States during the period beginning January 1, 2002, and ending on December 31, 2003. The Office is also providing notice that the authority to make determinations regarding the distribution of the 2004 Digital Audio Recording Royalty Funds passed to the Copyright Royalty Board on May 31, 2005.
Distribution of the 2001, 2002, and 2003 Satellite Royalty Funds
Document Number: 05-15731
Type: Notice
Date: 2005-08-09
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Interim Chief Copyright Royalty Judge, on behalf of the Copyright Royalty Board, is requesting comments on the existence of controversies to the distribution of the 2001, 2002, and 2003 satellite royalty funds.
Preregistration of Certain Unpublished Copyright Claims
Document Number: 05-15458
Type: Proposed Rule
Date: 2005-08-04
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
The Copyright Office is supplementing its Notice of Proposed Rulemaking on preregistration of copyright claims, issued July 22, 2005. That notice proposed procedures to preregister any unpublished work being prepared for commercial distribution that is in a class of works determined by the Register of Copyrights to have had a history of pre-release infringement. Today's notice seeks information as to whether persons filing the electronic-only preregistration form prescribed by the Copyright Office will experience difficulties if it is necessary to use Microsoft's Internet Explorer web browser in order to preregister a work.
Recordation of Documents
Document Number: 05-15137
Type: Rule
Date: 2005-08-01
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
This notice of policy decision clarifies three matters relating to practices concerning the recordation of documents pertaining to copyrights. First, it clarifies that a document will be indexed only under the titles appearing in the executed document. Second, it announces an interim practice on redaction of documents submitted for recordation, and states the intention of the Copyright Office to issue a notice of inquiry on the subject. Third, it provides notice that the Copyright Office is issuing a revised Document Cover Sheet.
Notice and Recordkeeping for Use of Sound Recordings Under Statutory License
Document Number: 05-14872
Type: Proposed Rule
Date: 2005-07-27
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Interim Chief Copyright Royalty Judge, on behalf of the Copyright Royalty Board of the Library of Congress, is issuing a supplemental request for comments regarding rules for the delivery and format of records of use of sound recordings for statutory licenses under sections 112 and 114 of the Copyright Act.
Preregistration of Certain Unpublished Copyright Claims
Document Number: 05-14516
Type: Proposed Rule
Date: 2005-07-22
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
Pursuant to the Artists' Rights and Theft Prevention Act of 2005, the Copyright Office is proposing regulations for the preregistration of unpublished works that are being prepared for commercial distribution in classes of works that the Register of Copyrights determines have had a history of pre-release infringement.
Adjustment of Cable Statutory License Royalty Rates
Document Number: 05-14270
Type: Proposed Rule
Date: 2005-07-20
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
The Copyright Office of the Library of Congress is submitting for public comment a settlement proposal for the adjustment of certain royalty rates for use of the cable statutory license.
Orphan Works
Document Number: 05-13355
Type: Notice
Date: 2005-07-07
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
The Copyright Office announces public roundtable discussions regarding ``orphan works,'' i.e., copyrighted works whose owners are difficult or even impossible to identify or locate. The Office seeks to address whether there are compelling concerns that merit a legislative, regulatory or other solution, and what type of solution could effectively address these concerns without conflicting with the legitimate interests of authors and right holders. The Office solicited and received written comments on these issues pursuant to a Notice of Inquiry issued earlier this year. See Notice of Inquiry, 70 FR 3739 (Jan. 26, 2005). The Office will now hold roundtable discussions to further address the issues raised and solutions proposed in the written comments.
Satellite Home Viewer Extension and Reauthorization Act of 2004
Document Number: 05-13332
Type: Notice
Date: 2005-07-07
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
The Copyright Office of the Library of Congress is requesting information for the preparation of the first report to the Congress required by the Satellite Home Viewer Extension and Reauthorization Act of 2004.
Rate Adjustment for the Satellite Carrier Compulsory License
Document Number: 05-13331
Type: Rule
Date: 2005-07-07
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
The Copyright Office of the Library of Congress is publishing the royalty rates for the retransmission of digital over-the-air television broadcast signals by satellite carriers under the statutory license.
Copyright Rules and Regulations: Statements of Account
Document Number: 05-12955
Type: Rule
Date: 2005-07-01
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
The Copyright Office has conducted the annual review of its regulations and found non-substantive errors. This document makes technical amendments to correct those errors.
Filing of Claims for Cable, Satellite and DART Royalties
Document Number: 05-12948
Type: Rule
Date: 2005-07-01
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
The Copyright Office of the Library of Congress is removing its regulations governing the filing of claims to cable, satellite, and DART royalty funds. These claims now are to be filed with the Copyright Royalty Judges pursuant to the Copyright Royalty and Distribution Reform Act of 2004, which became effective on May 31, 2005.
Library of Congress; Loans of Library Materials for Blind and Physically Handicapped; Correction
Document Number: 05-12632
Type: Rule
Date: 2005-06-27
Agency: Library of Congress, Agencies and Commissions
In order to keep the public informed, we are resubmitting language that was previously redacted from the CFR. The National Library Service for the Blind and Physically Handicapped is able to better serve its constituents with the information provided through publication. Therefore we are re-inserting language previously in Sec. 701.10, Loans of library materials for blind and other physically handicapped persons, and renumbering it 701.6. The section has been also revised to add reference to the program's Web site.
Procedural Regulations for the Copyright Royalty Board
Document Number: 05-10553
Type: Rule
Date: 2005-05-31
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Interim Chief Copyright Royalty Judge, on behalf of the Copyright Royalty Board of the Library of Congress, is issuing these regulations, governing the organization, administration, and procedures of the Board, for immediate use in proceedings that are subject to the jurisdiction of Copyright Royalty Judges. Public comments are sought on these regulations.
Statements of Account
Document Number: 05-10552
Type: Rule
Date: 2005-05-26
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
The Copyright Office is amending its rules to require cable operators, satellite carriers, and manufacturers and importers of digital audio recording technology and media to file with the Licensing Division of the Copyright Office a copy of their statement of account together with the original statement of account.
Rate Adjustment for the Satellite Carrier Compulsory License
Document Number: 05-9804
Type: Proposed Rule
Date: 2005-05-17
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
The Copyright Office of the Library of Congress is submitting for public comment a proposed settlement of royalty rates for the retransmission of digital over-the-air television broadcast signals by satellite carriers under the statutory license.
Reports of Use of Sound Recordings Under Statutory License
Document Number: 05-9221
Type: Rule
Date: 2005-05-09
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
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.
Notice and Recordkeeping for Use of Sound Recordings Under Statutory License
Document Number: 05-8435
Type: Proposed Rule
Date: 2005-04-27
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
The Copyright Office of the Library of Congress is proposing regulations for the delivery and format of records of use of sound recordings under two statutory licenses of the Copyright Act.
Rate Adjustment for the Satellite Carrier Compulsory License
Document Number: 05-6840
Type: Rule
Date: 2005-04-06
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
The Copyright Office of the Library of Congress is publishing the royalty rates for analog television broadcast stations retransmitted by satellite carriers under the section 119 statutory license.
Adjustment of Cable Statutory License Royalty Rates
Document Number: 05-6311
Type: Notice
Date: 2005-03-30
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
The Copyright Office of the Library of Congress announces the deadline for filing Notices of Intent to Participate in a CARP proceeding to adjust the rates for the cable statutory license and announces the dates of the 30-day negotiation period.
Registration of Claims to Copyright, Group Registration of Published Photographs
Document Number: 05-6059
Type: Rule
Date: 2005-03-28
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
The Copyright Office of the Library of Congress is amending its final regulations concerning group registration of published photographs to limit to 750 the number of photographs that may be identified on continuation sheets submitted with a single application form and filing fee. The regulation continues to place no limit on the number of photographs that may be included in a single group registration when the applicant elects not to use continuation sheets and instead identifies the date of publication for each photograph on the deposited image and the applicant meets the other regulatory requirements for group registration of published photographs. The regulation also clarifies that the date of publication for each photograph may be identified in a text file on the CD-ROM or DVD that contains the photographic images or on a list that accompanies the deposit and provides the publication date for each image.
Rate Adjustment for the Satellite Carrier Compulsory License
Document Number: 05-5953
Type: Notice
Date: 2005-03-25
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
The Copyright Office of the Library of Congress is announcing the voluntary negotiation period for the purpose of determining the royalty fees for the retransmission of digital over-the-air television broadcast signals by satellite carriers under the statutory license.
Reports of Use of Sound Recordings Under Statutory License
Document Number: 05-5064
Type: Proposed Rule
Date: 2005-03-15
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
The Copyright Office of the Library of Congress is proposing amendments to the rules governing reports of use of sound recordings under the statutory license for preexisting subscription services.
Notice of Intent to Audit
Document Number: 05-4842
Type: Notice
Date: 2005-03-11
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
The Copyright Office of the Library of Congress is announcing receipt of a notice of intent to audit DMX Music, Inc., for its transmissions of sound recordings to business establishments made under an exemption to the digital performance right. This audit intends to review transmissions to business establishments made by DMX Music, Inc., for the years 2002, 2003, and 2004.
Registration of Claims to Copyright: New Format for Certain Copyright Registration Certificates
Document Number: 05-3578
Type: Notice
Date: 2005-02-24
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
The Copyright Office announces a modification to a policy decision announced January 21, 2005, concerning changing the format of certain copyright registration certificates. The modification clarifies how the Office will select applications for registration to be included in a pilot program in which certificates of registration will be generated from registration data scanned from the applications and stored in an electronic information system.
Digital Performance Right in Sound Recordings and Ephemeral Recordings
Document Number: 05-2973
Type: Notice
Date: 2005-02-16
Agency: Copyright Royalty Judges, Library of Congress, Agencies and Commissions
The Interim Chief Copyright Royalty Judge of the Library of Congress is announcing the commencement of the proceeding to determine the reasonable rates and terms for two statutory licenses for the period beginning January 1, 2006, and ending on December 31, 2010. One license allows public performances of sound recordings by means of an eligible nonsubscription transmission and transmissions made by a new subscription service; the other permits the making of an ephemeral phonorecord of a sound recording in furtherance of making a permitted public performance of the sound recording. The Interim Chief Copyright Royalty Judge is also announcing the date by which a party who wishes to participate in the rate adjustment proceeding must file its Petition to Participate and the accompanying $150 filing fee.
Reconsideration Procedure
Document Number: 05-2720
Type: Rule
Date: 2005-02-11
Agency: Copyright Office, Library of Congress, Agencies and Commissions
This document makes technical amendments to the Copyright Office regulation permitting copyright applicants to request reconsideration of decisions to refuse registration.
Digital Performance Right in Sound Recordings and Ephemeral Recordings
Document Number: 05-2406
Type: Notice
Date: 2005-02-08
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
The Copyright Office of the Library of Congress is announcing the termination of the proceeding to determine reasonable rates and terms for two compulsory licenses for the period beginning January 1, 2005, and ending on December 31, 2006. One license allows public performances of sound recordings by means of eligible digital audio transmissions; the other permits the making of an ephemeral phonorecord of a sound recording in furtherance of making a permitted public performance of the sound recording. The rates and terms applicable to new subscription services, eligible nonsubscription services, and services that transmit performances to business establishments that were in effect on December 31, 2004, will remain in effect during 2005.
Adjustment of Cable Statutory License Royalty Rates
Document Number: 05-1436
Type: Notice
Date: 2005-01-26
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
The Copyright Office of the Library of Congress is requesting comment as to whether the 2005 cable statutory license rate adjustment proceeding should take place under the auspices of the Copyright Arbitration Royalty Panel (``CARP'') system or the new Copyright Royalty Judge (``CRJ'') system.
Rate Adjustment for the Satellite Carrier Compulsory License
Document Number: 05-1435
Type: Proposed Rule
Date: 2005-01-26
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
The Copyright Office of the Library of Congress is submitting for public comment a proposed settlement of royalty rates for analog television broadcast stations retransmitted by satellite carriers under statutory license.
Orphan Works
Document Number: 05-1434
Type: Notice
Date: 2005-01-26
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
The Copyright Office seeks to examine the issues raised by ``orphan works,'' i.e., copyrighted works whose owners are difficult or even impossible to locate. Concerns have been raised that the uncertainty surrounding ownership of such works might needlessly discourage subsequent creators and users from incorporating such works in new creative efforts or making such works available to the public. This notice requests written comments from all interested parties. Specifically, the Office is seeking comments on whether there are compelling concerns raised by orphan works that merit a legislative, regulatory or other solution, and what type of solution could effectively address these concerns without conflicting with the legitimate interests of authors and right holders.
Registration of Claims to Copyright: New Format for Certain Copyright Registration Certificates
Document Number: 05-1131
Type: Notice
Date: 2005-01-21
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
The Copyright Office of the Library of Congress is changing the format of certain copyright registration certificates issued under the Copyright Act. Certificates in the new format will be issued only for motion pictures and other audiovisual works registered in class PA, as part of a pilot project. For all other categories of registrations, the certificate format will not change. The substantive content of all certificates will remain the same.
Notice of Intent To Audit
Document Number: 05-1037
Type: Notice
Date: 2005-01-19
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
The Copyright Office of the Library of Congress is announcing receipt of three notices of intent to audit preexisting subscription services that transmit sound recordings under statutory licenses. The audits intend to verify statements of account for the years 2001, 2002, and 2003.