Library of Congress 2010 – Federal Register Recent Federal Regulation Documents

Gap in Termination Provisions
Document Number: 2010-32864
Type: Proposed Rule
Date: 2010-12-29
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The Copyright Office of the Library of Congress is extending the time in which comments can be filed in response to its Notice of Proposed Rulemaking to amend its regulations governing notices of termination of certain grants of transfers and licenses of copyright under section 203 of the Copyright Act of 1976.
Cost of Living Adjustment to Satellite Carrier Compulsory License Royalty Rates
Document Number: 2010-30416
Type: Rule
Date: 2010-12-06
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 1.2% 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 2009 to October 2010.
Federal Copyright Protection of Sound Recordings Fixed Before February 15, 1972
Document Number: 2010-30213
Type: Notice
Date: 2010-12-01
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 and reply comments can be filed 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.
Cost of Living Adjustment for Performance of Musical Compositions by Colleges and Universities
Document Number: 2010-30060
Type: Rule
Date: 2010-12-01
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 1.2% 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 2009 to October 2010.
Gap in Termination Provisions
Document Number: 2010-29743
Type: Proposed Rule
Date: 2010-11-26
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
The Copyright Office is proposing to amend its regulations governing notices of termination of certain grants of transfers and licenses of copyright under section 203 of the Copyright Act of 1976. The amendments are intended to clarify the recordation practices of the Copyright Office regarding the content of section 203 notices of termination and the timeliness of their service and recordation, including a clarification that the Office will accept for recordation under section 203 a notice of termination of a grant agreed to before January 1, 1978 as long as the work that is the subject of the grant was not created before 1978. Whether such notices of termination fall within the scope of section 203 will ultimately be a matter to be resolved by the courts.
Federal Copyright Protection of Sound Recordings Fixed Before February 15, 1972
Document Number: 2010-29139
Type: Notice
Date: 2010-11-18
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
Copyright Office; Federal Copyright Protection of Sound Recordings Fixed Before February 15, 1972
Document Number: 2010-27775
Type: Notice
Date: 2010-11-03
Agency: Library of Congress, Agencies and Commissions
Congress has directed the Copyright Office to conduct a study on the desirability and means of bringing sound recordings fixed before February 15, 1972, under Federal jurisdiction. Currently, such sound recordings are protected under a patchwork of State statutory and common laws from their date of creation until 2067. This notice requests written comments from all interested parties regarding Federal coverage of pre-1972 sound recordings. Specifically, the Office seeks comments on the likely effect of Federal protection upon preservation and public access, and the effect upon the economic interests of rights holders. The Office also seeks comments on how the incorporation of pre-1972 sound recordings into Federal law might best be achieved.
Distribution of the 2008 Satellite Royalty Funds
Document Number: 2010-27333
Type: Notice
Date: 2010-10-29
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 2008 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 2008 satellite royalty funds.
Distribution of the 2008 Cable Royalty Funds
Document Number: 2010-27332
Type: Notice
Date: 2010-10-29
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 2008 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 2008 cable royalty funds.
Refunds Under the Cable Statutory License
Document Number: 2010-25652
Type: Proposed Rule
Date: 2010-10-12
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
The Copyright Office published in the Federal Register of October 4, 2010, a notice of proposed rulemaking concerning refunds under the cable statutory license. This document corrects the date for submitting reply comments.
Minimum Balance Requirement and Automatic Replenishment Option for Deposit Account Holders
Document Number: 2010-25129
Type: Proposed Rule
Date: 2010-10-08
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
The Copyright Office is proposing to amend 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; mandate the closure of a deposit account the second time it is overdrawn; and offer deposit account holders the option of automatic replenishment of their account via their bank account or credit card.
Refunds Under the Cable Statutory License
Document Number: 2010-24779
Type: Proposed Rule
Date: 2010-10-04
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
The Office seeks comment on whether a cable operator may receive refunds in situations where it has failed to pay for the carriage of distant signals on a system-wide basis under the Copyright Act, before it was amended to allow a cable system to calculate its royalty fees on a community-by-community basis.
Distribution of the 2004 and 2005 Cable Royalty Funds
Document Number: 2010-23266
Type: Notice
Date: 2010-09-17
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges are announcing the final Phase I distribution of cable royalty funds for the years 2004 and 2005.
Digital Performance Right in Sound Recordings and Ephemeral Recordings
Document Number: 2010-23264
Type: Rule
Date: 2010-09-17
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges are announcing their determination regarding the minimum fee to be paid by Noncommercial Webcasters under two statutory licenses, permitting certain digital performances of sound recordings and the making of ephemeral recordings, in response to an order of remand by the United States Court of Appeals for the District of Columbia Circuit.
Implementation of the Satellite Television Extension and Localism Act of 2010
Document Number: 2010-22814
Type: Rule
Date: 2010-09-17
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
The Copyright Office amends its rules governing statements of account for cable systems and satellite carriers to reflect changes resulting from the recent enactment of the Satellite Television Extension and Localism Act of 2010.
Rate Adjustment for the Satellite Carrier Compulsory License
Document Number: 2010-21684
Type: Rule
Date: 2010-08-31
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges are publishing final regulations setting the rates for the satellite carrier statutory license of the Copyright Act for the license period 2010-2014.
Waiver of Statement of Account Filing Deadline for the 2010/1 Period
Document Number: 2010-20956
Type: Rule
Date: 2010-08-25
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
The Copyright Office extends the deadline for the filing of the 2010/1 cable statements of account to September 29, 2010. In granting the extension, the Office waives the filing requirements under Section 201.17(c)(1) of its rules. The passage of the Satellite Television Extension and Localism Act of 2010 (STELA) and the subsequent work by the Office to revise the cable statements of account, in light of STELA(s amendments to the Copyright Act, have impaired the timely availability of the on-line forms cable operators use to pay their royalty fees. These circumstances will make it extremely difficult for many cable operators to comply with the current deadline. For these reasons, therefore, the Office deems the extension necessary and in the public interest.
Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies
Document Number: 2010-19007
Type: Rule
Date: 2010-08-06
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
The Copyright Office makes a nonsubstantial correction to its regulation announcing 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 six classes of copyrighted works.
Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies
Document Number: 2010-18339
Type: Rule
Date: 2010-07-27
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
The Librarian of Congress announces 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 six classes of copyrighted works.
Rate Adjustment for the Satellite Carrier Compulsory License
Document Number: 2010-17037
Type: Proposed Rule
Date: 2010-07-13
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges are publishing for comment negotiated royalty rates for the satellite carrier statutory license of the Copyright Act for the license period 2010-2014.
Adjustment of Royalty Fee for Cable Compulsory License
Document Number: 2010-14060
Type: Rule
Date: 2010-06-10
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
Rate Adjustment for the Satellite Carrier Compulsory License
Document Number: 2010-13575
Type: Notice
Date: 2010-06-07
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges are announcing the voluntary negotiation period for the purpose of determining the royalty fees to be paid by satellite carriers under the satellite carrier compulsory license.
Gap in Termination Provisions; Inquiry
Document Number: 2010-11619
Type: Proposed Rule
Date: 2010-05-14
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 on the topic of the application of Title 17 to the termination of certain grants of transfers or licenses of copyright, specifically those for which execution of the grant occurred prior to January 1, 1978 and creation of the work occurred on or after January 1, 1978.
Distribution of the 2000-2003 Cable Royalty Funds
Document Number: 2010-11231
Type: Notice
Date: 2010-05-12
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges are announcing the final Phase I distribution of cable royalty funds for the years 2000, 2001, 2002, and 2003.
The Register of Copyrights’ and the Copyright Royalty Judges’ authority to determine the constitutionality of 17 U.S.C. 114(f)(5)
Document Number: 2010-11116
Type: Notice
Date: 2010-05-11
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
Two material questions of substantive law were referred to the Register of Copyrights concerning the authority of the Register of Copyrights and the Copyright Royalty Judges to determine the constitutionality of 17 U.S.C. 114(f)(5). The Register of Copyrights responded by delivering a Memorandum Opinion to the Copyright Royalty Board on April 30, 2010.
Section 111 and Interest Payments
Document Number: 2010-8970
Type: Rule
Date: 2010-04-20
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
The Copyright Office makes a technical amendment to its rule on interest payments by cable operators.
Notice of Intent To Audit
Document Number: 2010-7444
Type: Notice
Date: 2010-04-02
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 2009 statements of account submitted by Sirius Satellite Radio Inc. and XM Satellite Radio Inc.
Digital Performance Right in Sound Recordings and Ephemeral Recordings
Document Number: 2010-7368
Type: Proposed Rule
Date: 2010-04-01
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 and terms for the digital performances of sound recordings by broadcasters and noncommercial educational webcasters and for the making of ephemeral recordings necessary for the facilitation of such transmissions for the period commencing January 1, 2011, and ending on December 31, 2015.
Gap in Termination Provisions; Inquiry
Document Number: 2010-6936
Type: Proposed Rule
Date: 2010-03-29
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
The Copyright Office is seeking comments regarding the application of Title 17 to the termination of certain grants of transfers or licenses of copyright, specifically those for which execution of the grant occurred prior to January 1, 1978 and creation of the work occurred on or after January 1, 1978. The Copyright Office is seeking comments at this time because the deadlines for serving notices of termination for 1978 grants will begin to expire in 2011 and some stakeholders have raised questions with the Office and some Congressional Offices.
Digital Performance Right in Sound Recordings and Ephemeral Recordings for a New Subscription Service
Document Number: 2010-6451
Type: Rule
Date: 2010-03-24
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 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 commencing January 1, 2011, and ending on December 31, 2015.
Copyright Royalty Judges’ Authority to Subpoena a Nonparticipant to Appear and Give Testimony or to Produce and Permit Inspection of Documents or Tangible Things
Document Number: 2010-5806
Type: Notice
Date: 2010-03-19
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
The Copyright Royalty Judges, acting pursuant to statute, referred a material question of substantive law to the Register of Copyrights concerning their authority to subpoena a nonparticipant to appear and give testimony or to produce and permit inspection of documents or tangible things. The Register of Copyrights responded by delivering a Memorandum Opinion to the Copyright Royalty Board on February 23, 2010.
Digital Performance Right in Sound Recordings and Ephemeral Recordings
Document Number: 2010-2644
Type: Rule
Date: 2010-02-08
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges are publishing final 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: 2010-2219
Type: Rule
Date: 2010-02-03
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges are publishing final regulations governing the rates for the preexisting satellite digital audio radio services' use of the ephemeral recordings statutory license under the Copyright Act for the period 2007 through 2012.
Distribution of the 2004 Through 2007 Satellite Royalty Funds
Document Number: 2010-1646
Type: Notice
Date: 2010-01-27
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 2004 through 2007 satellite royalty funds.
Mandatory Deposit of Published Electronic Works Available Only Online
Document Number: 2010-1202
Type: Rule
Date: 2010-01-25
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
The Copyright Office of the Library of Congress is adopting an interim regulation governing mandatory deposit of electronic works published in the United States and available only online. The regulation establishes that online-only works are exempt from mandatory deposit until a demand for deposit of copies or phonorecords of such works is issued by the Copyright Office. It also states that categories of online-only works subject to demand will first be identified in the regulations, and names electronic serials as the first such category for which demands will issue. In addition, the regulation sets forth the process for issuing and responding to a demand for deposit, amends the definition of a ``complete copy'' of a work for purposes of mandatory deposit of online-only works, and establishes new best edition criteria for electronic serials available only online.
Digital Performance Right in Sound Recordings and Ephemeral Recordings for a New Subscription Service
Document Number: 2010-1172
Type: Proposed Rule
Date: 2010-01-22
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 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 commencing January 1, 2011, and ending on December 31, 2015.
Adjustment of Cable Statutory License Royalty Rates
Document Number: E9-30825
Type: Notice
Date: 2010-01-05
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 adjust the rates for the cable statutory license. The Copyright Royalty Judges also are 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.