Library of Congress – Federal Register Recent Federal Regulation Documents
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Distribution of 2020 Cable Royalty Funds
The Copyright Royalty Judges solicit comments on a motion of Allocation Phase claimants for partial distribution of 2020 cable royalty funds.
Copyright Registration Guidance: Works Containing Material Generated by Artificial Intelligence
The Copyright Office issues this statement of policy to clarify its practices for examining and registering works that contain material generated by the use of artificial intelligence technology.
Fees for Late Royalty Payments Under the Music Modernization Act
The U.S. Copyright Office is issuing a notification of inquiry soliciting public comments regarding when fees for late royalty payments should be assessed in connection with reporting by digital music providers under the Music Modernization Act's blanket license.
Ex Parte Communications
The U.S. Copyright Office is issuing a notice of proposed rulemaking to establish procedures governing the use of ex parte communications in informal rulemakings. The proposed rule defines ex parte communications, instructs the public on how to request an ex parte meeting with the Office, sets forth the responsibilities of parties after an ex parte meeting, and identifies impermissible ex parte communications.
Notice of Intent To Audit
The Copyright Royalty Judges announce receipt from SoundExchange, Inc., of notice of intent to audit the 2020, 2021, and 2022 statements of account submitted by commercial webcaster licensee Sonos Radio concerning royalty payments it made pursuant to two statutory licenses.
Music Modernization Act Notices of License, Notices of Nonblanket Activity, Data Collection and Delivery Efforts, and Reports of Usage and Payment
The U.S. Copyright Office is issuing a supplemental interim rule relating to certain reporting and payment requirements of digital music providers and related duties of the mechanical licensing collective under the Music Modernization Act. The amendment extends a previously adopted transition period pending further rulemaking by the Office regarding reports of adjustment. Based on the imminent expiration of the existing transition period and recent public comments requesting further proceedings on the subject of adjustments, the Office has determined that there is a legitimate need to make this amendment, effective immediately.
Determination of Rates and Terms for Public Broadcasting (PB IV)
The Copyright Royalty Judges solicit comments on proposed rates and terms for use of certain works in connection with noncommercial broadcasting for the period from January 1, 2023, through December 31, 2027.
Notice of Intent To Audit
The Copyright Royalty Judges announce receipt from SoundExchange, Inc., of notices of intent to audit the 2019, 2020, and 2021 statements of account submitted by commercial webcasters Cox Radio Interactive, Deseret Management Corporation, and Feed Media, Inc. concerning royalty payments they made pursuant to two statutory licenses.
Notice of Intent To Audit
The Copyright Royalty Judges announce receipt from SoundExchange, Inc., of a notice of intent to audit the 2019, 2020, and 2021 statements of account submitted by Stingray Group Inc.'s various services, including its Commercial Webcaster Service, New Subscription Service, and Business Establishment Service, concerning royalty payments they made pursuant to two statutory licenses.
Notice of Intent To Audit
The Copyright Royalty Judges announce receipt from SoundExchange, Inc., of a notice of intent to audit the 2019, 2020, and 2021 statements of account submitted by Education Media Foundation's Noncommercial Webcaster service concerning royalty payments they made pursuant to two statutory licenses.
Determination of Royalty Rates and Terms for Making and Distributing Phonorecords (Phonorecords IV)
The Copyright Royalty Judges publish final regulations that set rates and terms applicable during the period from January 1, 2023 through December 31, 2027, for the statutory license for making and distributing phonorecords of nondramatic musical works.
Study on Non-Fungible Tokens and Related Intellectual Property Law Issues
The United States Patent and Trademark Office (USPTO) and United States Copyright Office (USCO) (collectively, the Offices) published a request for comments in the Federal Register on November 23, 2022, seeking comments from the public on various intellectual property (IP) law and policy issues associated with non-fungible tokens (NFTs). Through this notice, the Offices are extending the period for written public comment until February 3, 2023. In addition, the Offices are changing the dates of the public roundtables in this study.
Copyright Claims Board: District Court Referrals; Proof of Service Forms; Default Proceedings; Law Student Representation
The U.S. Copyright Office is amending its regulations governing the appearance of law student representatives before the Copyright Claims Board, district court referrals, proof of service forms, and default proceedings. The amendments allow the Copyright Claims Board to modify or suspend certain rules when a claim is referred by a district court and, in cases that are first filed before the Copyright Claims Board, accept alternative proof of service forms. The amendments also clarify the rules governing default proceedings and law student representation, and make certain technical corrections.
Determination of Royalty Rates and Terms for Making and Distributing Phonorecords (Phonorecords IV)
The Copyright Royalty Judges publish final regulations that set rates and terms for physical phonorecords, permanent downloads, ringtones, and music bundles applicable during the period from January 1, 2023 through December 31, 2027, for the statutory license for making and distributing phonorecords of nondramatic musical works.
Distribution of Satellite Royalty Funds
The Copyright Royalty Judges solicit comments on a motion of the Allocation Parties for further partial distribution of 2015-2017 satellite royalty funds.
Cost of Living Adjustment to Royalty Rates for Webcaster Statutory License
The Copyright Royalty Judges announce a cost of living adjustment (COLA) in the royalty rates that commercial and noncommercial noninteractive webcasters pay for eligible transmissions pursuant to the statutory licenses for the public performance of and for the making of ephemeral reproductions of sound recordings.
Cost of Living Adjustment to Satellite Carrier Compulsory License Royalty Rates
The Copyright Royalty Judges announce a cost of living adjustment (COLA) of 7.7% in the royalty rates satellite carriers pay for a compulsory license under the Copyright Act. The COLA is based on the change in the Consumer Price Index from October 2021 to October 2022.
Notice of Intent To Audit
The Copyright Royalty Judges announce receipt from SoundExchange, Inc., of notice of intent to audit the 2019, 2020, and 2021 statements of account submitted by Sirius XM Radio Inc.'s Commercial Webcaster service, Preexisting Satellite Digital Audio Radio Service, New Subscription Service, and Business Establishment Service concerning royalty payments they made pursuant to two statutory licenses.
Study on Non-Fungible Tokens and Related Intellectual Property Law Issues
The United States Patent and Trademark Office (USPTO) and the United States Copyright Office (USCO) (collectively, the Offices) are conducting a joint study regarding issues of intellectual property (IP) law and policy associated with non-fungible tokens (NFTs). The Offices seek public comments on these matters to assist in their work on IP policy related to NFTs and in conducting the study. In addition, the Offices are announcing a series of three public roundtables to allow them to gather further input.
Termination Rights and the Music Modernization Act's Blanket License
The U.S. Copyright Office is extending the deadline for the submission of written comments in response to its October 25, 2022 notice of proposed rulemaking regarding the applicability of the derivative works exception to termination rights under the Copyright Act to the statutory mechanical blanket license established under the Orrin G. Hatch-Bob Goodlatte Music Modernization Act.
Determination of Rates and Terms for Making and Distributing Phonorecords (Phonorecords IV)
The Copyright Royalty Judges publish for comment and objection proposed regulations that set rates and terms applicable during the period from January 1, 2023, through December 31, 2027, for the section 115 statutory license for making and distributing phonorecords of nondramatic musical works.
Termination Rights and the Music Modernization Act's Blanket License
The U.S. Copyright Office is issuing a notice of proposed rulemaking regarding the applicability of the derivative works exception to termination rights under the Copyright Act to the new statutory mechanical blanket license established by the Music Modernization Act. The Office invites public comments on this proposed rule.
Remitter Payment Options and Deposit Account Requirements
The U.S. Copyright Office is amending certain regulations related to remitter payments for its services and requirements for maintaining a deposit account. This final rule adopts regulatory language set forth in the Office's February 2022 notice of proposed rulemaking with some modifications in response to public comments. These amendments consolidate regulatory provisions related to payment options and update existing regulations to articulate current Office practices. They also simplify requirements for maintaining a deposit account and clarify procedures related to noncompliant accounts.
Determination of Royalty Rates and Terms for Making and Distributing Phonorecords (Phonorecords IV)
The Copyright Royalty Judges withdraw a proposed rule that would have set continued, unaltered rates and terms for subpart B configurations subject to the statutory license to use nondramatic musical works to make and distribute phonorecords of those works (the Mechanical License).
Copyright Claims Board: Initiating of Proceedings and Related Procedures
The U.S. Copyright Office is amending its regulations to establish procedures governing the initial stages of a Copyright Claims Board proceeding. The regulations provide requirements regarding filing a claim, the Board's compliance review, service, notice of the claim, the respondent's opt-out election, responses, and counterclaims.
Distribution of 2015-17 Satellite Royalty Funds
The Copyright Royalty Judges announce partial settlement of controversies and request comments on a motion for partial distribution of satellite television retransmission royalties for royalty years 2015-17.
Small Claims Procedures for Library and Archives Opt-Outs and Class Actions
The U.S. Copyright Office is issuing a final rule regarding the procedures for libraries and archives to preemptively opt out of proceedings before the Copyright Claims Board (``CCB'') and the procedures for a party before the CCB with respect to a class action proceeding, under the Copyright Alternative in Small-Claims Enforcement Act of 2020.
Copyright Claims Board: Initiating of Proceedings and Related Procedures-Designation of Agents for Service of Process
The U.S. Copyright Office is amending its regulations to establish procedures governing the process by which corporations, partnerships, and unincorporated associations may designate agents to receive service of the initial notice of a proceeding and claim asserted against them before the Copyright Claims Board. The amended regulations provide the requirements for designating a service agent, amending the designation, and maintaining the directory of designated service agents.
Remitter Payment Options and Deposit Account Requirements
The U.S. Copyright Office is issuing a notice of proposed rulemaking regarding regulations related to remitter payments for Office services and requirements for maintaining a deposit account. Currently, payment options are addressed in various sections of Office regulations, and the method of payment accepted varies depending on the service provided. Additionally, payment methods currently referenced in the regulations may not necessarily reflect the types that the Office can accept or may choose to accept in the future. Amendments in this rulemaking are intended to consolidate regulatory provisions related to payment options and update regulations to articulate current Office practices. The Office also is proposing to simplify requirements for maintaining a deposit account and to clarify procedures related to noncompliant accounts. The Office invites public comments on this proposed rule.
Determination of Royalty Rates and Terms for Making Ephemeral Copies of Sound Recordings for Transmission to Business Establishments (Business Establishments IV)
The Copyright Royalty Judges (Judges) announce commencement of a proceeding to determine reasonable royalty rates and terms for the recording of ephemeral copies of sound recordings to facilitate digital audio transmissions of those sound recordings to business establishments pursuant to the limitation on exclusive rights specified by the Copyright Act. The royalty rates and terms the Judges determine in this proceeding will apply during the period beginning January 1, 2024, and ending December 31, 2028. The Judges also announce the date by which a party wishing to participate in the rate determination proceeding must file its Petition to Participate and pay the accompanying $150 filing fee.
Copyright Claims Board: Representation by Law Students and of Business Entities
The U.S. Copyright Office is issuing a notice of proposed rulemaking to establish procedures governing the appearance of law student representatives and employees of business entities in proceedings before the Copyright Claims Board.
Adjustment of Cable Statutory License Royalty Rates
The Copyright Royalty Judges published for comment a proposed settlement governing royalty rates and terms for the retransmission of over-the-air television and radio broadcast stations by cable television systems to their subscribers. Having received no comments, the Judges adopt the existing rates and terms as proposed by the settlement.
Technical Measures: Public Consultations
The U.S. Copyright Office is announcing a series of consultations on technical measures to identify or protect copyrighted works online. The Office plans to hold a plenary session to launch consultations on this issue on February 22, 2022, to be followed by smaller sectoral consultations thereafter. To aid in this effort, the Office also is seeking public input on a number of questions.
Notice of Intent To Audit
The Copyright Royalty Judges announce receipt from SoundExchange, Inc., of notices of intent to audit the 2018, 2019, and 2020 statements of account submitted by commercial webcasters Audacy and Midwest Communications concerning the royalty payments they made pursuant to two statutory licenses.
Deferred Registration Examination Study: Notice and Request for Public Comment
The U.S. Copyright Office is undertaking a public study to evaluate the merits of providing an option to defer examination of copyright registration application materials until a later request by the applicant. To aid in this effort, the Office is soliciting input from interested members of the public.
Copyright Claims Board: Active Proceedings and Evidence
The U.S. Copyright Office is issuing a notice of proposed rulemaking to establish procedures governing active proceedings before the Copyright Claims Board and post-determination procedures. The proposed rule provides requirements regarding procedural practice, scheduling, conferences, discovery, written testimony, hearings, settlement, smaller claims, default and failure to prosecute, records, post-determination procedures, and conduct of parties. The Office intends to initiate a subsequent rulemaking regarding law student representation.
Cost of Living Adjustment to Royalty Rates for Webcaster Statutory License
The Copyright Royalty Judges announce a cost of living adjustment (COLA) in the royalty rates that commercial and noncommercial noninteractive webcasters pay for eligible transmissions pursuant to the statutory licenses for the public performance of and for the making of ephemeral reproductions of sound recordings.
Cost of Living Adjustment to Satellite Carrier Compulsory License Royalty Rates
The Copyright Royalty Judges announce a cost of living adjustment (COLA) of 6.2% in the royalty rates satellite carriers pay for a compulsory license under the Copyright Act. The COLA is based on the change in the Consumer Price Index from October 2020 to October 2021.
Cost of Living Adjustment to Public Broadcasters Compulsory License Royalty Rate
The Copyright Royalty Judges announce a cost of living adjustment (COLA) to the royalty rate that noncommercial radio stations at certain colleges, universities, and other educational institutions that are not affiliated with National Public Radio must pay for the use in 2022 of published nondramatic musical compositions in the SESAC repertory pursuant to the statutory license under the Copyright Act for noncommercial broadcasting.
Copyright Claims Board: Initiation of Proceedings and Related Procedures
The U.S. Copyright Office is further extending the deadline for the submission of written comments in response to its September 29, 2021, notice of proposed rulemaking regarding initiating proceedings before the Copyright Claims Board.
Publishers' Protections Study: Request for Additional Comments
The U.S. Copyright Office seeks further comments on the effectiveness of copyright protections for publishers, with a focus on press publishers. This request provides an opportunity for interested parties to raise new issues related to the topic of the study, amplify initial comments, present empirical studies, or to address, reply to, or expand upon any issues raised in the initial request for written commentsresponses to which are due on or before November 26, 2021or during the virtual public roundtable, which will be held on December 9, 2021. On November 29, 2021, the Office will post a link at https:// copyright.gov/policy/publishersprotections/ through which parties can submit second-round comments.
Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies
In this final rule, the Librarian of Congress adopts exemptions to the provision of the Digital Millennium Copyright Act (``DMCA'') that prohibits circumvention of technological measures that control access to copyrighted works. As required under the statute, the Register of Copyrights, following a public proceeding, submitted a recommendation concerning proposed exemptions to the Librarian of Congress (``Register's Recommendation''). After careful consideration, the Librarian adopts final regulations based upon the Register's Recommendation.
Copyright Claims Board: Initiation of Proceedings and Related Procedures
The U.S. Copyright Office is extending the deadline for the submission of written comments in response to its September 29, 2021, notification of proposed rulemaking regarding initiating proceedings before the Copyright Claims Board.
Determination of Rates and Terms for Digital Performance of Sound Recordings and Making of Ephemeral Copies To Facilitate Those Performances (Web V)
The Copyright Royalty Judges announce their final determination of the rates and terms for two statutory licenses (permitting certain digital performances of sound recordings and the making of ephemeral recordings) for the period beginning January 1, 2021, and ending on December 31, 2025.
Determination of Rates and Terms for Making and Distributing Phonorecords (Phonorecords IV)
Because a comment filed by settling parties included additional material (in particular a memorandum of understanding) that relates to statements in some of the comments the Copyright Royalty Judges received, the Judges are reopening the comment period for an additional 30 days. The proposed rule published for comment sets certain rates and terms applicable during the period beginning January 1, 2023, and ending December 31, 2027, for the section 115 statutory license for making and distributing phonorecords of nondramatic musical works and is based on regulations proposed pursuant to a partial settlement among the settling parties.
Copyright Claims Board: Initiation of Proceedings and Related Procedures
The U.S. Copyright Office is issuing a notice of proposed rulemaking to establish procedures governing the initial stages of a proceeding before the Copyright Claims Board. The proposed rule provides requirements regarding the filing of a claim, the Board's compliance review of the claim, service, issuance of notice of the claim, the respondent's opt-out election, responses, and counterclaims. The Office intends to initiate subsequent rulemakings regarding additional procedures.
Notice of Intent To Audit
The Copyright Royalty Judges announce receipt from SoundExchange, Inc., of a notice of intent to audit the 2018, 2019, and 2020 statements of account submitted by commercial webcaster iHeartMedia concerning the royalty payments it made pursuant to two statutory licenses.
Distribution of Satellite Royalty Funds
The Copyright Royalty Judges solicit comments on a motion of Multigroup Claimants for partial distribution of 2015-2017 satellite royalty funds.
Distribution of Cable Royalty Funds
The Copyright Royalty Judges solicit comments on a motion of Multigroup Claimants for partial distribution of 2015-2017 cable royalty funds.
Small Claims Procedures for Library and Archives Opt-Outs and Class Actions
The U.S. Copyright Office is issuing a notice of proposed rulemaking regarding the procedures for libraries and archives to opt out of proceedings before the Copyright Claims Board (``CCB'') and the procedures for a party before the CCB with respect to a class action proceeding, under the Copyright Alternative in Small-Claims Enforcement Act of 2020. The Office invites public comments on this proposed rule.
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