Reports of Use of Sound Recordings Under Statutory License, 12631-12632 [05-5064]

Download as PDF Federal Register / Vol. 70, No. 49 / Tuesday, March 15, 2005 / Proposed Rules (8) You must pay the service fee listed in § 256.63 of this subpart with your application for approval of any instrument of transfer you are required to file (Record Title/Operating Rights (Transfer) Fee). Where multiple transfers of interest are included in a single instrument, a separate fee applies to each individual transfer of interest. For any document you are not required to file by these regulations but which you submit for record purposes per lease affected, you must also pay the service fee listed in § 256.63 (Nonrequired Document Filing Fee). Such documents may be rejected at the discretion of the authorized officer. * * * * * [FR Doc. 05–4999 Filed 3–14–05; 8:45 am] BILLING CODE 4310–MR–P LIBRARY OF CONGRESS COPYRIGHT OFFICE 37 CFR Part 270 [Docket No. RM 2005–2] Reports of Use of Sound Recordings Under Statutory License Copyright Office, Library of Congress. ACTION: Notice of proposed rulemaking. AGENCY: SUMMARY: 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. DATES: Comments are due no later than April 14, 2005. ADDRESSES: If hand delivered by a private party, an original and ten copies of any comment should be brought to Room LM–401 of the James Madison Memorial Building between 8:30 a.m. and 5 p.m. and the envelope should be addressed as follows: Copyright Office General Counsel/CARP, U.S. Copyright Office, James Madison Memorial Building, Room LM–401, 101 Independence Avenue, SE., Washington, DC 20559–6000. If hand delivered by a commercial courier, an original and ten copies of any comment must be delivered to the Congressional Courier Acceptance Site located at Second and D Streets, NE., Washington, DC, between 8:30 a.m. and 4 p.m. The envelope should be addressed as follows: Copyright Office General Counsel/CARP, Room LM–403, James Madison Memorial Building, 101 Independence Avenue, SE., Washington, DC. If sent by mail VerDate jul<14>2003 18:09 Mar 14, 2005 Jkt 205001 (including overnight delivery using U.S. Postal Service Express Mail), an original and ten copies of any comment should be addressed to: Copyright Arbitration Royalty Panel (CARP) P.O. Box 70977, Southwest Station, Washington, DC 20024–0977. Comments may not be delivered by means of overnight delivery services such as Federal Express, United Parcel Service, etc., due to delays in processing receipt of such deliveries. FOR FURTHER INFORMATION CONTACT: David O. Carson, General Counsel, or William J. Roberts, Jr. Telephone: (202) 707–8380. Telefax: (202) 252–3423. SUPPLEMENTARY INFORMATION: Digital audio services provide copyrighted sound recordings of music for the listening enjoyment of the users of those services. In order to provide these sound recordings, however, a digital audio service must license the copyrights to each musical work, as well as the sound recording of the musical work. There are two statutory licenses in the Copyright Act that enable a digital audio service to transmit performances of copyrighted sound recordings: section 112 and section 114. 17 U.S.C. 112 & 114. Congress initially established these licenses in the Digital Performance Right in Sound Recordings Act of 1995, Pub. L. 104–39, for subscription digital audio services then in existence, and later amended sections 112 and 114 in the Digital Millennium Copyright Act of 1998, Pub. L. 105–304, to include other types of digital audio services. It is the former category of services (hereinafter referred to as ‘‘preexisting subscription services’’) to which this Notice of Proposed Rulemaking (‘‘NPRM’’) applies. On June 24, 1998, the Copyright Office published interim regulations establishing the requirements by which copyright owners receive reasonable notice of the use of their works from preexisting subscription services, and how reports of use shall be kept and made available to copyright owners. Originally codified at § § 201.35 through 201.37 of title 37 of the Code of Federal Regulations, these regulations have recently been moved to part 270 of the CFR, but have remained unchanged. On March 18, 2003, the preexisting subscription services–Music Choice, DMX Music Inc., and Muzak LLC–and representative organizations of copyright owners of sound recordings– SoundExchange, Inc., the American Federation of Television and Radio Artists, and the American Federation of Musicians–filed a petition with the Copyright Office seeking to amend the regulations regarding reports of use PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 12631 (formerly § 201.36, now § 270.2) for preexisting subscription services. At that time, the Office was conducting a rulemaking proceeding to establish notice and recordkeeping requirements for digital audio services other than preexisting subscription services and declined to include the petition in that proceeding. See 69 FR 11515, 11517 n.9 (March 11, 2004). Instead, the Office determined to address the petition ‘‘in a separate Federal Register document.’’ Id. Today’s NPRM fulfills that directive. Petitioners request what they describe as ‘‘minor adjustments [that] will make the rules more useful to copyright owners and performers and less burdensome on users of copyrighted works.’’ Petition at 1. The proposed changes can be generally described as follows. First, to provide copyright owners with a more complete report of the use of their works, petitioners request that preexisting subscription services report the copyright notice (i.e., the ‘‘P line’’) accompanying record albums or sound recordings, where it is available. Second, petitioners propose to extend the time allowed for filing reports of use to comply with current payment periods for preexisting subscription services. See 68 FR 39837 (July 3, 2003). And third, petitioners propose some technical amendments that, in their view, clarify that the requirements of § 270.2 apply only to preexisting subscription services. The Office welcomes public comment to the proposed changes. List of Subjects in Part 270 Copyright, Sound Recordings. Proposed Regulations In consideration of the foregoing, the Copyright Office proposes to amend part 270 of 37 CFR to read as follows: PART 270–NOTICE AND RECORDKEEPING REQUIREMENTS FOR STATUTORY LICENSES 1. The authority citation for part 270 continues to read as follows: Authority: 17 U.S.C. 702 2. Section 270.2 is amended as follows: a. By revising paragraph (b)(2); b. By revising paragraph (b)(3); c. In paragraph (c), by adding ‘‘or pursuant to a settlement agreement reached or statutory license adopted pursuant to section 112(e)’’ after ‘‘17 U.S.C. 802(f)’’ and by removing ‘‘twentieth’’ and adding ‘‘forty–fifth’’ in its place; d. In paragraph (d) introductory text, by removing ‘‘20th’’ and adding ‘‘forty– fifth’’ in its place; and e. By revising paragraph (e). E:\FR\FM\15MRP1.SGM 15MRP1 12632 Federal Register / Vol. 70, No. 49 / Tuesday, March 15, 2005 / Proposed Rules The additions and revisions to § 270.2 read as follows: ENVIRONMENTAL PROTECTION AGENCY § 270.2 Reports of use of sound recordings under statutory license for preexisting subscription services. * * * * * (b) * * * (2) A Report of Use of Sound Recordings Under Statutory License is the report of use required under this section to be provided by a Service transmitting sound recordings and making ephemeral phonorecords therewith under statutory licenses. (3) A Service is a preexisting subscription service, as defined in 17 U.S.C. 114(j)(11). * * * * * (e) Content. A ‘‘Report of Use of Sound Recordings under Statutory License’’ shall be identified as such by prominent caption or heading, and shall include a preexisting subscription service’s ‘‘Intended Playlists’’ for each channel and each day of the reported month. The ‘‘Intended Playlists’’ shall include a consecutive listing of every recording scheduled to be transmitted, and shall contain the following information in the following order: (1) The name of the preexisting subscription service or entity; (2) The channel; (3) The sound recording title; (4) The featured recording artist, group, or orchestra; (5) The retail album title (or, in the case of compilation albums created for commercial purposes, the name of the retail album identified by the preexisting subscription service for purchase of the sound recording); (6) The marketing label of the commercially available album or other product on which the sound recording is found; (7) The catalog number; (8) The International Standard Recording Code (ISRC) embedded in the sound recording, where available and feasible; (9) Where available, the copyright owner information provided in the copyright notice on the retail album or other product (e.g., following the symbol (P), that is the letter P in a circle) or, in the case of compilation albums created for commercial purposes, in the copyright notice for the individual sound recording; (10) The date of transmission; and (11) The time of transmission. * * * * * 40 CFR Part 52 Dated: March 8, 2005 Tanya M. Sandros, Associate General Counsel. [FR Doc. 05–5064 Filed 3–14–05; 8:45 am] BILLING CODE 1410–33–S VerDate jul<14>2003 18:09 Mar 14, 2005 Jkt 205001 [Docket # R10–OAR–2005–OR–0002; FRL– 7881–5] Approval and Promulgation of Air Quality Implementation Plans; Oregon Visibility Protection Plan Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: SUMMARY: EPA is proposing to approve revisions to the Oregon Visibility Protection Plan submitted to EPA on January 22, 2003. The revisions are the result of a required periodic review of the Visibility Protection Plan conducted by the State, and reflect recommendations from the Oregon Visibility Advisory Committee. In general, the revisions reflect work the State intends to conduct over the next three years. EPA has determined that this submission is a general strengthening of the State Implementation Plan (SIP) as it expands strategies to protect visibility in Oregon. DATES: Comments must be received on or before April 14, 2005. ADDRESSES: Submit your comments, identified by Docket ID No. R10-OAR– 2005–OR–0002, by one of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the on-line instructions for submitting comments. • Agency Web site: http:// www.epa.gov/edocket. EDOCKET, EPA’s electronic public docket and comment system, is EPA’s preferred method for receiving comments. Follow the on-line instructions for submitting comments. • Mail: Gina Bonifacino, Office of Air, Waste and Toxics, OAWT–107 EPA, Region 10, 1200 Sixth Ave., Seattle, Washington 98101. • Hand Delivery: EPA, Region 10 Service Center, 14th Floor, 1200 Sixth Ave., Seattle, Washington 98101. Attention: Gina Bonifacino, Office of Air, Waste and Toxics, OAWT–107. Such deliveries are only accepted during normal hours of operation, and special arrangements should be made for deliveries of boxed information. Please see the direct final rule which is located in the Rules section of this Federal Register for detailed instructions on how to submit comments. Gina Bonifacino at telephone number: (206) 553–2970, e-mail address: bonifacino.gina@epa.gov, fax number: FOR FURTHER INFORMATION CONTACT: PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 (206) 553–0110, or the above EPA, Region 10 address. SUPPLEMENTARY INFORMATION: For further information, please see the direct final action, of the same title, which is located in the Rules section of this Federal Register. EPA is approving the State’s SIP revision as a direct final rule without prior proposal because EPA views this as a noncontroversial SIP revision and anticipates no adverse comments. A detailed rationale for the approval is set forth in the preamble to the direct final rule. If EPA receives no adverse comments, EPA will not take further action on this proposed rule. If EPA receives adverse comments, EPA will withdraw the direct final rule and it will not take effect. EPA will address all public comments in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period on this action. Any parties interested in commenting on this action should do so at this time. Please note that if we receive adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. Dated: February 24, 2005. Kathryn M. Davidson, Acting Regional Administrator, Region 10. [FR Doc. 05–5046 Filed 3–14–05; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 228 [FRL–7883–7] Ocean Dumping; De-designation of Ocean Dredged Material Disposal Sites and Designation of New Sites; Correction Environmental Protection Agency. ACTION: Proposed rule; correction. AGENCY: SUMMARY: The Environmental Protection Agency (EPA) is proposing to correct a final rule that appeared in the Federal Register of March 2, 2005 (70 FR 10041). The document de-designated certain ocean dredged material disposal sites and designated new sites located off the mouth of the Columbia River near the states of Oregon and Washington. The coordinates for one of those sites, the Shallow Water site, contained a typographical error in the Overall Site Coordinates as published E:\FR\FM\15MRP1.SGM 15MRP1

Agencies

[Federal Register Volume 70, Number 49 (Tuesday, March 15, 2005)]
[Proposed Rules]
[Pages 12631-12632]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-5064]


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LIBRARY OF CONGRESS

COPYRIGHT OFFICE

37 CFR Part 270

[Docket No. RM 2005-2]


Reports of Use of Sound Recordings Under Statutory License

AGENCY: Copyright Office, Library of Congress.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: 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.

DATES: Comments are due no later than April 14, 2005.

ADDRESSES: If hand delivered by a private party, an original and ten 
copies of any comment should be brought to Room LM-401 of the James 
Madison Memorial Building between 8:30 a.m. and 5 p.m. and the envelope 
should be addressed as follows: Copyright Office General Counsel/CARP, 
U.S. Copyright Office, James Madison Memorial Building, Room LM-401, 
101 Independence Avenue, SE., Washington, DC 20559-6000. If hand 
delivered by a commercial courier, an original and ten copies of any 
comment must be delivered to the Congressional Courier Acceptance Site 
located at Second and D Streets, NE., Washington, DC, between 8:30 a.m. 
and 4 p.m. The envelope should be addressed as follows: Copyright 
Office General Counsel/CARP, Room LM-403, James Madison Memorial 
Building, 101 Independence Avenue, SE., Washington, DC. If sent by mail 
(including overnight delivery using U.S. Postal Service Express Mail), 
an original and ten copies of any comment should be addressed to: 
Copyright Arbitration Royalty Panel (CARP) P.O. Box 70977, Southwest 
Station, Washington, DC 20024-0977. Comments may not be delivered by 
means of overnight delivery services such as Federal Express, United 
Parcel Service, etc., due to delays in processing receipt of such 
deliveries.

FOR FURTHER INFORMATION CONTACT: David O. Carson, General Counsel, or 
William J. Roberts, Jr. Telephone: (202) 707-8380. Telefax: (202) 252-
3423.

SUPPLEMENTARY INFORMATION: Digital audio services provide copyrighted 
sound recordings of music for the listening enjoyment of the users of 
those services. In order to provide these sound recordings, however, a 
digital audio service must license the copyrights to each musical work, 
as well as the sound recording of the musical work. There are two 
statutory licenses in the Copyright Act that enable a digital audio 
service to transmit performances of copyrighted sound recordings: 
section 112 and section 114. 17 U.S.C. 112 & 114. Congress initially 
established these licenses in the Digital Performance Right in Sound 
Recordings Act of 1995, Pub. L. 104-39, for subscription digital audio 
services then in existence, and later amended sections 112 and 114 in 
the Digital Millennium Copyright Act of 1998, Pub. L. 105-304, to 
include other types of digital audio services. It is the former 
category of services (hereinafter referred to as ``preexisting 
subscription services'') to which this Notice of Proposed Rulemaking 
(``NPRM'') applies.
    On June 24, 1998, the Copyright Office published interim 
regulations establishing the requirements by which copyright owners 
receive reasonable notice of the use of their works from preexisting 
subscription services, and how reports of use shall be kept and made 
available to copyright owners. Originally codified at Sec.  Sec.  
201.35 through 201.37 of title 37 of the Code of Federal Regulations, 
these regulations have recently been moved to part 270 of the CFR, but 
have remained unchanged. On March 18, 2003, the preexisting 
subscription services-Music Choice, DMX Music Inc., and Muzak LLC-and 
representative organizations of copyright owners of sound recordings-
SoundExchange, Inc., the American Federation of Television and Radio 
Artists, and the American Federation of Musicians-filed a petition with 
the Copyright Office seeking to amend the regulations regarding reports 
of use (formerly Sec.  201.36, now Sec.  270.2) for preexisting 
subscription services. At that time, the Office was conducting a 
rulemaking proceeding to establish notice and recordkeeping 
requirements for digital audio services other than preexisting 
subscription services and declined to include the petition in that 
proceeding. See 69 FR 11515, 11517 n.9 (March 11, 2004). Instead, the 
Office determined to address the petition ``in a separate Federal 
Register document.'' Id. Today's NPRM fulfills that directive.
    Petitioners request what they describe as ``minor adjustments 
[that] will make the rules more useful to copyright owners and 
performers and less burdensome on users of copyrighted works.'' 
Petition at 1. The proposed changes can be generally described as 
follows. First, to provide copyright owners with a more complete report 
of the use of their works, petitioners request that preexisting 
subscription services report the copyright notice (i.e., the ``P 
line'') accompanying record albums or sound recordings, where it is 
available. Second, petitioners propose to extend the time allowed for 
filing reports of use to comply with current payment periods for 
preexisting subscription services. See 68 FR 39837 (July 3, 2003). And 
third, petitioners propose some technical amendments that, in their 
view, clarify that the requirements of Sec.  270.2 apply only to 
preexisting subscription services.
    The Office welcomes public comment to the proposed changes.

List of Subjects in Part 270

    Copyright, Sound Recordings.

Proposed Regulations

    In consideration of the foregoing, the Copyright Office proposes to 
amend part 270 of 37 CFR to read as follows:

PART 270-NOTICE AND RECORDKEEPING REQUIREMENTS FOR STATUTORY LICENSES

    1. The authority citation for part 270 continues to read as 
follows:

    Authority: 17 U.S.C. 702
    2. Section 270.2 is amended as follows:
    a. By revising paragraph (b)(2);
    b. By revising paragraph (b)(3);
    c. In paragraph (c), by adding ``or pursuant to a settlement 
agreement reached or statutory license adopted pursuant to section 
112(e)'' after ``17 U.S.C. 802(f)'' and by removing ``twentieth'' and 
adding ``forty-fifth'' in its place;
    d. In paragraph (d) introductory text, by removing ``20th'' and 
adding ``forty-fifth'' in its place; and
    e. By revising paragraph (e).

[[Page 12632]]

    The additions and revisions to Sec.  270.2 read as follows:

Sec.  270.2 Reports of use of sound recordings under statutory license 
for preexisting subscription services.

    * * * * *
    (b) * * *
    (2) A Report of Use of Sound Recordings Under Statutory License is 
the report of use required under this section to be provided by a 
Service transmitting sound recordings and making ephemeral phonorecords 
therewith under statutory licenses.
    (3) A Service is a preexisting subscription service, as defined in 
17 U.S.C. 114(j)(11).
    * * * * *
    (e) Content. A ``Report of Use of Sound Recordings under Statutory 
License'' shall be identified as such by prominent caption or heading, 
and shall include a preexisting subscription service's ``Intended 
Playlists'' for each channel and each day of the reported month. The 
``Intended Playlists'' shall include a consecutive listing of every 
recording scheduled to be transmitted, and shall contain the following 
information in the following order:
    (1) The name of the preexisting subscription service or entity;
    (2) The channel;
    (3) The sound recording title;
    (4) The featured recording artist, group, or orchestra;
    (5) The retail album title (or, in the case of compilation albums 
created for commercial purposes, the name of the retail album 
identified by the preexisting subscription service for purchase of the 
sound recording);
    (6) The marketing label of the commercially available album or 
other product on which the sound recording is found;
    (7) The catalog number;
    (8) The International Standard Recording Code (ISRC) embedded in 
the sound recording, where available and feasible;
    (9) Where available, the copyright owner information provided in 
the copyright notice on the retail album or other product (e.g., 
following the symbol (P), that is the letter P in a circle) or, in the 
case of compilation albums created for commercial purposes, in the 
copyright notice for the individual sound recording;
    (10) The date of transmission; and
    (11) The time of transmission.
    * * * * *

    Dated: March 8, 2005
Tanya M. Sandros,
Associate General Counsel.
[FR Doc. 05-5064 Filed 3-14-05; 8:45 am]
BILLING CODE 1410-33-S