Library of Congress 2009 – Federal Register Recent Federal Regulation Documents

Digital Performance Right in Sound Recordings and Ephemeral Recordings
Document Number: E9-30572
Type: Proposed Rule
Date: 2009-12-23
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges are publishing for comment proposed regulations governing the statutory minimum fees to be paid by Commercial Webcasters under two statutory licenses, permitting certain digital performances of sound recordings and the making of ephemeral recordings, for the period beginning January 1, 2006, and ending on December 31, 2010.
Determination of Rates and Terms for Preexisting Subscription Services and Satellite Digital Audio Radio Services
Document Number: E9-29904
Type: Proposed Rule
Date: 2009-12-16
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges are publishing for comment proposed regulations governing the rates for the satellite digital audio radio services' use of the ephemeral recordings statutory license under the Copyright Act for the period 2007 through 2012.
Cost of Living Adjustment for Performance of Musical Compositions by Colleges and Universities
Document Number: E9-28386
Type: Rule
Date: 2009-12-01
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 -0.2% in the royalty rates that colleges, universities, and other nonprofit 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 2008 to October 2009.
Notice of Intent To Audit
Document Number: E9-27980
Type: Notice
Date: 2009-11-23
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 2006, 2007 and 2008 statements of account submitted by AOL LLC concerning the royalty payments made under two statutory licenses.
Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies
Document Number: E9-25850
Type: Rule
Date: 2009-10-27
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
The Librarian of Congress is extending, on an interim basis, the existing classes of works with respect to which the prohibition against circumvention of technological measures that effectively control access to copyrighted works shall not apply to persons who engage in noninfringing uses.
Notice and Recordkeeping for Use of Sound Recordings Under Statutory License
Document Number: E9-24556
Type: Rule
Date: 2009-10-13
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges are issuing final regulations for the delivery and format of reports of use of sound recordings for the statutory licenses set forth in sections 112 and 114 of the Copyright Act.
Copyright Office Notice of Inquiry and Request for Comments on the Topic of Facilitating Access to Copyrighted Works for the Blind or Other Persons With Disabilities
Document Number: E9-24539
Type: Notice
Date: 2009-10-13
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
The United States Copyright Office (Copyright Office) and the United States Patent and Trademark Office (USPTO) seek comment on possible solutions to enhance the accessibility of copyrighted works for the benefit of the blind or other persons with disabilities,\1\ including specifically the objectives and text of a draft treaty prepared under the auspices of the World Blind Union and proposed formally at the May 2009 session of the World Intellectual Property Organization's Standing Committee on Copyright and Related Rights. Interested parties are invited to submit comments on the topics outlined in the supplementary information section of this notice.
Mandatory Deposit of Published Electronic Works Available Only Online
Document Number: E9-22791
Type: Proposed Rule
Date: 2009-09-22
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
The Copyright Office is extending the time in which reply comments may be filed in response to its Notice of Proposed Rulemaking regarding amendments to regulations governing mandatory deposit of electronic works published in the United States and available only online.
Distribution of the 2007 Cable Royalty Funds
Document Number: E9-21685
Type: Notice
Date: 2009-09-09
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 2007 cable royalty funds.
Notification of Agreements Under the Webcaster Settlement Act of 2009
Document Number: E9-19299
Type: Notice
Date: 2009-08-12
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
The Copyright Office is publishing four agreements which set rates and terms for the reproduction and performance of sound recordings made by certain webcasters under two statutory licenses. Webcasters who meet the eligibility requirements may choose to operate under the statutory licenses in accordance with the rates and terms set forth in the agreements published herein rather than the rates and terms of any determination by the Copyright Royalty Judges.
Fees for Special Handling of Registration Claims
Document Number: E9-19101
Type: Rule
Date: 2009-08-10
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
The Copyright Office of the Library of Congress is publishing an interim rule relating to fees for special handling of registration claims that have been pending for at least six months. Special handling is the expedited processing of an application and is granted in certain circumstances when compelling reasons are present. Ordinarily a special handling fee is charged for special handling in addition to the regular fee for an application to register a copyright claim. Because of current delays in the processing of applications for registration occurring in the course of the Office's implementation of its business process reengineering program, the Office has determined that the special handling fee shall not be assessed for conversion of a pending application to special handling status when the application has been pending for more than six months and the applicant has satisfied the Office that expedited handling of the registration is needed because the applicant is about to file a suit for copyright infringement.
Proceedings of the Copyright Royalty Board; Remand
Document Number: E9-18462
Type: Rule
Date: 2009-08-04
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Board is issuing an interim regulation to amend its procedural regulations to include a provision governing remands of final determinations pursuant to the Copyright Act, which sets forth in significant detail the procedural structure to be followed by the Copyright Royalty Judges in making determinations to distribute royalty fees and establish royalty rates and terms under the various statutory licenses of the Copyright Act. The Judges have adopted regulations governing the conduct of these proceedings.
Notification of Agreements Under the Webcaster Settlement Act of 2009
Document Number: E9-17092
Type: Notice
Date: 2009-07-17
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
The Copyright Office is publishing an agreement which sets rates and terms for the reproduction and performance of sound recordings made by certain specified webcasters, under two statutory licenses. Webcasters who meet the eligibility requirements may choose to operate under the statutory licenses in accordance with the rates and terms set forth in the agreement published herein rather than the rates and terms of any determination by the Copyright Royalty Judges.
Mandatory Deposit of Published Electronic Works Available Only Online
Document Number: E9-16675
Type: Proposed Rule
Date: 2009-07-15
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
The Copyright Office of the Library of Congress is proposing to amend its regulations governing mandatory deposit of electronic works published in the United States and available only online. The amendments would establish that such works are exempt from mandatory deposit until a demand for deposit of copies or phonorecords of such works is issued by the Copyright Office. They would also set forth the process for issuing and responding to a demand for deposit, amend the definition of a ``complete copy'' of a work for purposes of mandatory deposit of online-only works, and establish new best edition criteria for electronic serials available only online. The Copyright Office seeks public comment on these proposed revisions.
Electronic Registration for Deposit Account Holders
Document Number: E9-16664
Type: Proposed Rule
Date: 2009-07-14
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
The Copyright Office is proposing to amend its regulations to require that applications for registration paid for by deposit account debits be submitted electronically using the electronic Copyright Office (eCO) registration system (eService). The Copyright Office is also requesting comment as to whether deposit accounts offer sufficient efficiencies to continue offering this service.
Fees
Document Number: E9-16126
Type: Rule
Date: 2009-07-09
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
The Copyright Office of the Library of Congress is publishing a final rule establishing adjusted fees for its services. The adjusted fees will recover a significant part of the costs to the Office of registering claims and provide full cost recovery for many other services provided by the Office which benefit only or primarily the user of that service. The new fees are based on reliable information regarding the costs of providing services, and reflect cost savings associated with the implementation of electronic processing in the Copyright Office in 2007. Under the new fee structure, the fee for online registration of a basic claim will remain $35. The registration fee for Form CO will be raised from $45 to $50 and the registration fee for paper filings of Forms PA, SR, TX, VA, SE and faulty CO will be raised from $45 to $65. In a few instances, fees have been adjusted downward from the fees published in the notice of proposed rulemaking in light of comments received from the public.
Distribution of 2005 and 2006 Digital Audio Recording Royalty Funds
Document Number: E9-15908
Type: Notice
Date: 2009-07-06
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges are denying a request for distribution of digital audio recording technology (``DART'') royalties and announcing the commencement of a proceeding to determine the distribution of royalty fees in the 2005 and 2006 DART Sound Recordings Funds. The Judges also are announcing the date by which a party who wishes to participate in the distribution proceeding must file its Petition to Participate and the accompanying filing fee, if applicable.
Notice of Inquiry and Request for Comments on the Topic of Facilitating Access to Copyrighted Works for the Blind or Persons With Other Disabilities; Notice of Public Meeting
Document Number: E9-9526
Type: Notice
Date: 2009-04-27
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
The United States Copyright Office (Copyright Office) and the United States Patent and Trademark Office (USPTO) are extending the time in which comments and reply comments may be filed on the topic of facilitating access to copyrighted works for ``blind or other persons with disabilities'' \1\ in connection with a forthcoming meeting of the Standing Committee on Copyright and Related Rights of the World Intellectual Property Organization.
Notice of Inquiry and Request for Comments on the Topic of Facilitating Access to Copyrighted Works for the Blind or Other Persons With Disabilities; Notice of Public Meeting
Document Number: E9-8865
Type: Notice
Date: 2009-04-17
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
The United States Copyright Office (Copyright Office) and the United States Patent and Trademark Office (USPTO) announce that interested parties may submit electronic comments and reply comments on facilitating access to copyrighted works for the blind or other persons with disabilities.
Notice and Recordkeeping for Use of Sound Recordings Under Statutory License
Document Number: E9-7950
Type: Proposed Rule
Date: 2009-04-08
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges are seeking written comments from interested parties to questions relating to the costs of census versus sample reporting to assist the Judges in the revision of the interim regulations for filing notices of use and the delivery of records of use of sound recordings under two statutory licenses of the Copyright Act.
Notice of Inquiry and Request for Comments on the Topic of Facilitating Access to Copyrighted Works for the Blind or Persons With Other Disabilities; Notice of Public Meeting
Document Number: E9-6637
Type: Notice
Date: 2009-03-26
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
The United States Copyright Office (Copyright Office) and the United States Patent and Trademark Office (USPTO) seek comment on the topic of facilitating access to copyrighted works for ``blind or persons with other disabilities'' \1\ in connection with a forthcoming meeting of the Standing Committee on Copyright and Related Rights of the World Intellectual Property Organization. Interested parties are invited to submit comments on the topics outlined in the supplementary information section of this notice. The Copyright Office and USPTO also announce a public meeting on the same topic.
Recordation of Notices of Termination of Transfers and Licenses; Clarifications
Document Number: E9-6649
Type: Rule
Date: 2009-03-25
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
The Copyright Office is adopting amendments to its regulations governing the recordation of notices of termination and certain related provisions.
Section 119 and Changes in the Consumer Price Index
Document Number: E9-6175
Type: Rule
Date: 2009-03-23
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
The Copyright Office makes royalty rate adjustments for satellite carriers based upon changes in the Consumer Price Index. This year, the change in the Consumer Price Index for the relevant time period was 0.03%, a change so small that the rates remain unaffected for the 2009 licensing period.
Notice of Public Hearings: Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies
Document Number: E9-4913
Type: Notice
Date: 2009-03-09
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
The Copyright Office of the Library of Congress will be holding public hearings on the possible exemptions to the prohibition against circumvention of technological measures that control access to copyrighted works. In accordance with the Copyright Act, as amended by the Digital Millennium Copyright Act, the Office is conducting its triennial rulemaking proceeding 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 if they are prohibited from circumventing such technological measures.
Notification of Agreements Under the Webcaster Settlement Act of 2008
Document Number: E9-4439
Type: Notice
Date: 2009-03-03
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
The Copyright Office is publishing three agreements which set rates and terms for the reproduction and performance of sound recordings made by certain specified webcasters, under two statutory licenses. Webcasters who meet the eligibility requirements may choose to operate under the statutory licenses in accordance with the rates and terms set forth in the agreements published herein rather than the rates and terms of any determination by the Copyright Royalty Judges.
Notice of Intent To Audit
Document Number: E9-3991
Type: Notice
Date: 2009-02-25
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges are announcing receipt of notices of intent to audit the 2007 and 2008 statements of account submitted by Sirius Satellite Radio Inc. and XM Satellite Radio, Inc.
Mechanical and Digital Phonorecord Delivery Rate Determination Proceeding
Document Number: E9-2900
Type: Rule
Date: 2009-02-11
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges are announcing four modifications to the royalty terms previously adopted in their final determination of rates and terms for the mechanical and digital phonorecord delivery statutory license. These modifications are made to more clearly reflect the law as stated in the Register of Copyrights' decision of January 26, 2009.
Review of Copyright Royalty Judges Determination
Document Number: E9-1444
Type: Notice
Date: 2009-01-26
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
The Register of Copyrights issues the following decision identifying and correcting erroneous resolutions of material questions of substantive law under title 17 that underlie or are contained in the Copyright Royalty Judges' final determination regarding adjustment of reasonable rates and terms of royalty payments for the making and distribution of phonorecords of musical works, Docket No. 2006-3 CRB DPRA. The Register concludes that the Copyright Royalty Judges erroneously did not refer two novel questions of law as required under the statute; that they were in error in their conclusions regarding both their and the Register's authority to review regulations submitted to them under an agreement by the participants; and that their conclusion that they could not review the agreement submitted by the participants led to the inclusion of regulations that constitute erroneous resolution by the CRJs of material questions of substantive law under title 17. This decision corrects such errors and shall be made part of the record of the proceeding (Docket No. 2006-3 CRB DPRA).
Mechanical and Digital Phonorecord Delivery Rate Determination Proceeding
Document Number: E9-1443
Type: Rule
Date: 2009-01-26
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 the use of musical works in physical phonorecords, permanent downloads, and ringtones and are adopting as final regulations the rates and terms for the use of musical works in limited downloads, interactive streaming, and incidental digital phonorecord deliveries.
Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies
Document Number: E9-61
Type: Proposed Rule
Date: 2009-01-07
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
The Copyright Office published in the Federal Register on December 29, 2008, a notice pertaining to its triennial rulemaking proceeding in accordance with a provision 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. This document makes technical corrections to clarify the record of the proposed rulemaking.
Digital Performance Right in Sound Recordings and Ephemeral Recordings for a New Subscription Service
Document Number: E8-30974
Type: Notice
Date: 2009-01-05
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges are announcing the commencement of the proceeding to determine the rates and terms for the use of sound recordings in transmissions made by new subscription services and for the making of ephemeral recordings necessary for the facilitation of such transmissions for the period beginning on January 1, 2011, and ending on December 31, 2015. The 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.
Digital Performance in Sound Recordings and Ephemeral Recordings
Document Number: E8-30972
Type: Notice
Date: 2009-01-05
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges are announcing the commencement of the proceeding to determine the reasonable 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. 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.