Mass Digitization Pilot Program; Request for Comments, 32614-32615 [2015-14116]

Download as PDF 32614 Federal Register / Vol. 80, No. 110 / Tuesday, June 9, 2015 / Notices LIBRARY OF CONGRESS United States Copyright Office [Docket No. 2015–3] Mass Digitization Pilot Program; Request for Comments U.S. Copyright Office, Library of Congress. ACTION: Notice of inquiry. AGENCY: The U.S. Copyright Office is developing a limited pilot program and corresponding draft legislation that would establish a legal framework known as extended collective licensing for certain mass digitization activities that are currently beyond the reach of the Copyright Act. This request provides the opportunity for interested parties to submit specific recommendations regarding the operational aspects of the pilot program, within the parameters and legal framework described in the Office’s Orphan Works and Mass Digitization report. DATES: Comments must be received no later than 5:00 p.m. EDT on August 10, 2015. ADDRESSES: All comments should be submitted electronically. To submit comments, please visit https:// copyright.gov/policy/massdigitization. The Web site interface requires commenting parties to complete a form specifying name and organization, as applicable, and to upload comments as an attachment via a browser button. To meet accessibility standards, commenting parties must upload comments in a single file not to exceed six megabytes (MB) in one of the following formats: A Portable Document File (PDF) format that contains searchable, accessible text (not an image); Microsoft Word; WordPerfect; Rich Text Format (RTF); or ASCII text file (not a scanned document). The form and face of the comments must include both the name of the submitter and organization. The Office will post the comments publicly on the Office’s Web site exactly as they are received, along with names and organizations. If electronic submission of comments is not feasible, please contact the Office at 202–707–1027 for special instructions. FOR FURTHER INFORMATION CONTACT: Kevin Amer, Senior Counsel for Policy and International Affairs, by telephone at 202–707–1027 or by email at kamer@ loc.gov. SUPPLEMENTARY INFORMATION: tkelley on DSK3SPTVN1PROD with NOTICES SUMMARY: I. Background The U.S. Copyright Office has completed a multi-year study on the VerDate Sep<11>2014 17:12 Jun 08, 2015 Jkt 235001 issues of orphan works and mass digitization, respectively, and has published a report detailing its findings and recommendations.1 In the report, the Office proposes separate legislative solutions for each issue. With respect to orphan works, the Office has proposed, with certain conditions, a limitation on liability for good faith users, improving upon its 2006 Orphan Works Report as well as the Shawn Bentley Orphan Works Act passed by the Senate in 2008.2 With respect to mass digitization, the Office has concluded that the addition of extended collective licensing (ECL) in U.S. law would help to facilitate the work of those who wish to digitize and provide full access to certain collections of books, photographs, or other materials for nonprofit educational or research purposes. An ECL framework can facilitate lawful uses that are not otherwise possible (e.g., because they are beyond the reach of case-by-case licensing or the application of fair use or both). The Office’s full analysis can be found at https://copyright.gov/ orphan/. If Congress were to establish a limited and voluntary pilot program at this time, it would help the United States copyright community to garner experience with the kind of ECL experience that is either in place or being discussed in other countries. The pilot program would permit users to obtain licenses under specified conditions. Under the proposed framework, a collective management organization (CMO) representing copyright owners in a particular category of works would be permitted to seek authorization from the Register of Copyrights to issue licenses on behalf of both members and non-members of the CMO for certain mass digitization activities. To qualify for licensing authority, a CMO would be required to submit an application to the Office providing evidence of its representativeness in the relevant field, the consent of its membership to the ECL proposal, and its adherence to sufficient standards of transparency, accountability, and good governance. Once authorized, a CMO would be entitled to negotiate royalty rates and terms with users seeking to digitally reproduce and provide online access to a collection or body of copyrighted works for the benefit of the public, a community, or other specified users. 1 See U.S. Copyright Office, Orphan Works and Mass Digitization: A Report of the Register of Copyrights (2015), available at https:// www.copyright.gov/orphan. 2 See id., Appendix A. PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 Because the pilot is a limited project, such uses at this early juncture could be made only for nonprofit educational and research purposes and without any purpose of direct or indirect commercial advantage. The CMO would be required to collect and distribute royalties to rightsholders within a prescribed period and to conduct diligent searches for non-members for whom it had collected payments. Copyright owners would have the right to limit the grant of licenses with respect to their works or to opt out of the system altogether. To assist it in developing specific legislation within these general parameters, the Office invites public comment on the topics below regarding the practical operation of such a system. The Office will then seek to facilitate further discussion through stakeholder meetings and, if necessary, additional requests for written comment. Based on this input, the Office will draft a formal legislative proposal for Congress’s consideration. II. Request for Comment 1. Examples of Projects. Comments are invited regarding examples of large digitization projects that may be appropriate for licensing under the Office’s proposed ECL framework. The Office is particularly interested in the views of prospective users who may be interested in digitizing and offering access to a specific collection or body of works. The Office believes that information about the types of mass digitization projects that users have the desire and capacity to undertake will provide a useful starting point for stakeholder dialogue on various elements of the ECL pilot. Other interested members of the public, however, are also invited to submit their views. Specifically, commenters should address the following issues: a. Qualifying Collections. The Office has recommended that ECL be available for three categories of published copyrighted works: (1) Literary works; (2) pictorial or graphic works published as illustrations, diagrams, or similar adjuncts to literary works; and (3) photographs. Within these categories, please describe or provide examples of the types of collections that you believe should be eligible for licensing under the ECL pilot. For example, should the pilot be limited to collections involving a minimum number of copyrighted works? If so, what should that threshold number be? Should collections that include commercially available works be eligible for ECL, or should the program cover only out-of-commerce works? Should the program be limited to works published before a certain E:\FR\FM\09JNN1.SGM 09JNN1 Federal Register / Vol. 80, No. 110 / Tuesday, June 9, 2015 / Notices tkelley on DSK3SPTVN1PROD with NOTICES date? If so, what date would be advisable? b. Eligibility and Access. Please describe any appropriate limitations on the end-users who should be eligible to access a digital collection under a qualifying mass digitization project. For example, should access be limited to students, affiliates, and employees of the digitizing institution, or should ECL licensees be permitted to provide access to the general public? In addition, please describe any appropriate restrictions on methods of access. Should licensees be permitted to offer access to a collection remotely, or only through onsite computer terminals? c. Security Requirements. The Office has recommended that CMOs and users be required to include, as part of any ECL license, terms requiring the user to implement and reasonably maintain adequate digital security measures to control access to the collection, and to prevent unauthorized reproduction, distribution, or display of the licensed works. Please describe any specific technical measures that should be required as part of this obligation. In addition, the Office invites stakeholder views on the extent to which specific security requirements should be set forth by statute or defined through Copyright Office regulations. 2. Dispute Resolution Process. The Office has recommended that the ECL pilot provide for a dispute resolution process before the Copyright Royalty Board (CRB) when an authorized CMO and a prospective user are unable to agree to licensing terms. The Office is interested in receiving public comment on what form this process should take. Should the legislation authorize informal mediation, with the CRB’s role limited to that of a facilitator of negotiations? Or should the statute provide for binding arbitration? Some foreign ECL laws provide voluntary procedures under which parties can agree to submit their dispute to a binding proceeding, but are not required to do so.3 Do those laws provide a 3 See LOV 1961–05–12 nr 02: Lov om opphavsrett ˚ ˚ til andsverk m.v. (andsverkloven) [Act No. 2 of May 12, 1961 Relating to Copyright in Literary, Scientific and Artistic Works], as amended on Dec. 22, 2006, § 38 (Nor.), translated at https://www.wipo.int/ wipolex/en/text.jsp?file_id=248181 (unofficial translation), last amended by LOV–2014–06–13 nr 22 [Act No. 22 of June 13, 2014] (translation unavailable); Lag om medling i vissa ¨ ¨ upphovsrattstvister (Svensk forfattningssamling [SFS] 1980:612) [Act on Mediation in Certain Copyright Disputes] (1995) art. 5 (Swed.), translated at https://www.wipo.int/wipolex/en/text.jsp?file_ id=241666 (unofficial translation), as amended by Lag, May 26, 2005 (2005:361), translated at https:// www.wipo.int/wipolex/en/text.jsp?file_id=129617 (unofficial translation), last amended by Lag, June 27, 2013 (2013:690) (translation unavailable). VerDate Sep<11>2014 17:12 Jun 08, 2015 Jkt 235001 workable dispute resolution model for a U.S. ECL program? 3. Distribution of Royalties. To ensure that rightsholders receive compensation within a reasonable time, the Office has recommended that the legislation or regulations establish a specific period within which a CMO must distribute royalties to rightsholders whom it has identified and located. Both the United Kingdom’s ECL regulations and the European Union’s February 2014 Directive on collective rights management generally require that such payments be made no later than nine months from the end of the financial year in which the royalties were collected.4 In the United States, there is some industry precedent for distributions by CMOs on a quarterly basis.5 What would be an appropriate timeframe for required distributions under a U.S. ECL program? 4. Diligent Search. The Office has recommended that a CMO be required to conduct diligent searches for nonmember rightsholders for whom it has collected royalties. The Office believes that this obligation should include, but not be limited to, maintaining a publicly available list of information on all licensed works for which one or more rightsholders have not been identified or located.6 What additional actions should be required as part of a CMO’s diligent search obligation? 5. Other Issues. Please comment on any additional issues that the Copyright Office may wish to consider in developing draft ECL legislation. Dated: June 4, 2015. Karyn A. Temple Claggett, Associate Register of Copyrights and Director of Policy and International Affairs. [FR Doc. 2015–14116 Filed 6–8–15; 8:45 am] BILLING CODE 1410–30–P 4 Copyright and Rights in Performances (Extended Collective Licensing) Regulations 2014, S.I. 2014/ 2588, art. 18, ¶ 3 (U.K.) (‘‘U.K. ECL Regulations’’); Directive 2014/26/EU of the European Parliament and of the Council of 26 February 2014 on Collective Management of Copyright and Related Rights and Multi-Territorial Licensing of Rights in Musical Works for Online Use in the Internal Market, art. 13(1), 2014 O.J. (L 84) 72, 87, available at https://eur-lex.europa.eu/legal-content/EN/TXT/ PDF/?uri=CELEX:32014L0026&from=EN. 5 See, e.g., Copyright Clearance Center, Royalty Payment Schedule (2014), available at https:// www.copyright.com/wp-content/uploads/2015/03/ Royaltypaymentschedule.pdf; General FAQ, SoundExchange, https://www.soundexchange.com/ about/general-faq/. 6 Cf. U.K. ECL Regulations, S.I. 2014/2588, art. 18, ¶ 5; Directive 2014/26/EU art. 13(3). PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 32615 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [Notice: (15–045)] National Space-Based Positioning, Navigation, and Timing (PNT) Advisory Board; Charter Renewal National Aeronautics and Space Administration (NASA). ACTION: Notice of advisory committee renewal. AGENCY: Notice is hereby given that in accordance with the 2004 U.S. SpaceBased PNT Policy and continuing and consistent Executive Branch PNT policy objectives since that time, it has been determined that the PNT Advisory Board comprised of experts from outside the United States Government continues to be necessary and in the public interest. Accordingly, NASA has renewed the charter of the National Space-Based PNT Advisory Board, effective May 8, 2015. FOR FURTHER INFORMATION CONTACT: Mr. James J. Miller, Human Exploration and Operations Mission Directorate, NASA Headquarters, Washington, DC 20546, (202) 358–4417, fax (202) 358–4297, or jj.miller@nasa.gov. SUPPLEMENTARY INFORMATION: The National Space-Based PNT Advisory Board provides advice on U.S. spacebased PNT policy, planning, program management, and funding profiles in relation to the current state of national and international space-based PNT services. The National Space-Based PNT Advisory Board functions solely as an advisory body and complies fully with the provisions of the Federal Advisory Committee Act (FACA). Copies of the charter are filed with the General Services Administration, the appropriate Committees of the U.S. Congress, and the Library of Congress. SUMMARY: Patricia D. Rausch, Advisory Committee Management Officer, National Aeronautics and Space Administration. [FR Doc. 2015–13977 Filed 6–8–15; 8:45 am] BILLING CODE 7510–13–P NATIONAL ARCHIVES AND RECORDS ADMINISTRATION [NARA–2015–046] Agency Information Collection Activities: Proposed Collection; Comment Request National Archives and Records Administration (NARA). ACTION: Notice. AGENCY: E:\FR\FM\09JNN1.SGM 09JNN1

Agencies

[Federal Register Volume 80, Number 110 (Tuesday, June 9, 2015)]
[Notices]
[Pages 32614-32615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-14116]



[[Page 32614]]

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LIBRARY OF CONGRESS

United States Copyright Office

[Docket No. 2015-3]


Mass Digitization Pilot Program; Request for Comments

AGENCY: U.S. Copyright Office, Library of Congress.

ACTION: Notice of inquiry.

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

SUMMARY: The U.S. Copyright Office is developing a limited pilot 
program and corresponding draft legislation that would establish a 
legal framework known as extended collective licensing for certain mass 
digitization activities that are currently beyond the reach of the 
Copyright Act. This request provides the opportunity for interested 
parties to submit specific recommendations regarding the operational 
aspects of the pilot program, within the parameters and legal framework 
described in the Office's Orphan Works and Mass Digitization report.

DATES: Comments must be received no later than 5:00 p.m. EDT on August 
10, 2015.

ADDRESSES: All comments should be submitted electronically. To submit 
comments, please visit https://copyright.gov/policy/massdigitization. 
The Web site interface requires commenting parties to complete a form 
specifying name and organization, as applicable, and to upload comments 
as an attachment via a browser button. To meet accessibility standards, 
commenting parties must upload comments in a single file not to exceed 
six megabytes (MB) in one of the following formats: A Portable Document 
File (PDF) format that contains searchable, accessible text (not an 
image); Microsoft Word; WordPerfect; Rich Text Format (RTF); or ASCII 
text file (not a scanned document). The form and face of the comments 
must include both the name of the submitter and organization. The 
Office will post the comments publicly on the Office's Web site exactly 
as they are received, along with names and organizations. If electronic 
submission of comments is not feasible, please contact the Office at 
202-707-1027 for special instructions.

FOR FURTHER INFORMATION CONTACT: Kevin Amer, Senior Counsel for Policy 
and International Affairs, by telephone at 202-707-1027 or by email at 
kamer@loc.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    The U.S. Copyright Office has completed a multi-year study on the 
issues of orphan works and mass digitization, respectively, and has 
published a report detailing its findings and recommendations.\1\ In 
the report, the Office proposes separate legislative solutions for each 
issue. With respect to orphan works, the Office has proposed, with 
certain conditions, a limitation on liability for good faith users, 
improving upon its 2006 Orphan Works Report as well as the Shawn 
Bentley Orphan Works Act passed by the Senate in 2008.\2\ With respect 
to mass digitization, the Office has concluded that the addition of 
extended collective licensing (ECL) in U.S. law would help to 
facilitate the work of those who wish to digitize and provide full 
access to certain collections of books, photographs, or other materials 
for nonprofit educational or research purposes. An ECL framework can 
facilitate lawful uses that are not otherwise possible (e.g., because 
they are beyond the reach of case-by-case licensing or the application 
of fair use or both). The Office's full analysis can be found at https://copyright.gov/orphan/.
---------------------------------------------------------------------------

    \1\ See U.S. Copyright Office, Orphan Works and Mass 
Digitization: A Report of the Register of Copyrights (2015), 
available at https://www.copyright.gov/orphan.
    \2\ See id., Appendix A.
---------------------------------------------------------------------------

    If Congress were to establish a limited and voluntary pilot program 
at this time, it would help the United States copyright community to 
garner experience with the kind of ECL experience that is either in 
place or being discussed in other countries. The pilot program would 
permit users to obtain licenses under specified conditions. Under the 
proposed framework, a collective management organization (CMO) 
representing copyright owners in a particular category of works would 
be permitted to seek authorization from the Register of Copyrights to 
issue licenses on behalf of both members and non-members of the CMO for 
certain mass digitization activities. To qualify for licensing 
authority, a CMO would be required to submit an application to the 
Office providing evidence of its representativeness in the relevant 
field, the consent of its membership to the ECL proposal, and its 
adherence to sufficient standards of transparency, accountability, and 
good governance. Once authorized, a CMO would be entitled to negotiate 
royalty rates and terms with users seeking to digitally reproduce and 
provide online access to a collection or body of copyrighted works for 
the benefit of the public, a community, or other specified users. 
Because the pilot is a limited project, such uses at this early 
juncture could be made only for nonprofit educational and research 
purposes and without any purpose of direct or indirect commercial 
advantage. The CMO would be required to collect and distribute 
royalties to rightsholders within a prescribed period and to conduct 
diligent searches for non-members for whom it had collected payments. 
Copyright owners would have the right to limit the grant of licenses 
with respect to their works or to opt out of the system altogether.
    To assist it in developing specific legislation within these 
general parameters, the Office invites public comment on the topics 
below regarding the practical operation of such a system. The Office 
will then seek to facilitate further discussion through stakeholder 
meetings and, if necessary, additional requests for written comment. 
Based on this input, the Office will draft a formal legislative 
proposal for Congress's consideration.

II. Request for Comment

    1. Examples of Projects. Comments are invited regarding examples of 
large digitization projects that may be appropriate for licensing under 
the Office's proposed ECL framework. The Office is particularly 
interested in the views of prospective users who may be interested in 
digitizing and offering access to a specific collection or body of 
works. The Office believes that information about the types of mass 
digitization projects that users have the desire and capacity to 
undertake will provide a useful starting point for stakeholder dialogue 
on various elements of the ECL pilot. Other interested members of the 
public, however, are also invited to submit their views. Specifically, 
commenters should address the following issues:
    a. Qualifying Collections. The Office has recommended that ECL be 
available for three categories of published copyrighted works: (1) 
Literary works; (2) pictorial or graphic works published as 
illustrations, diagrams, or similar adjuncts to literary works; and (3) 
photographs. Within these categories, please describe or provide 
examples of the types of collections that you believe should be 
eligible for licensing under the ECL pilot. For example, should the 
pilot be limited to collections involving a minimum number of 
copyrighted works? If so, what should that threshold number be? Should 
collections that include commercially available works be eligible for 
ECL, or should the program cover only out-of-commerce works? Should the 
program be limited to works published before a certain

[[Page 32615]]

date? If so, what date would be advisable?
    b. Eligibility and Access. Please describe any appropriate 
limitations on the end-users who should be eligible to access a digital 
collection under a qualifying mass digitization project. For example, 
should access be limited to students, affiliates, and employees of the 
digitizing institution, or should ECL licensees be permitted to provide 
access to the general public? In addition, please describe any 
appropriate restrictions on methods of access. Should licensees be 
permitted to offer access to a collection remotely, or only through 
onsite computer terminals?
    c. Security Requirements. The Office has recommended that CMOs and 
users be required to include, as part of any ECL license, terms 
requiring the user to implement and reasonably maintain adequate 
digital security measures to control access to the collection, and to 
prevent unauthorized reproduction, distribution, or display of the 
licensed works. Please describe any specific technical measures that 
should be required as part of this obligation. In addition, the Office 
invites stakeholder views on the extent to which specific security 
requirements should be set forth by statute or defined through 
Copyright Office regulations.
    2. Dispute Resolution Process. The Office has recommended that the 
ECL pilot provide for a dispute resolution process before the Copyright 
Royalty Board (CRB) when an authorized CMO and a prospective user are 
unable to agree to licensing terms. The Office is interested in 
receiving public comment on what form this process should take. Should 
the legislation authorize informal mediation, with the CRB's role 
limited to that of a facilitator of negotiations? Or should the statute 
provide for binding arbitration? Some foreign ECL laws provide 
voluntary procedures under which parties can agree to submit their 
dispute to a binding proceeding, but are not required to do so.\3\ Do 
those laws provide a workable dispute resolution model for a U.S. ECL 
program?
---------------------------------------------------------------------------

    \3\ See LOV 1961-05-12 nr 02: Lov om opphavsrett til 
[aring]ndsverk m.v. ([aring]ndsverkloven) [Act No. 2 of May 12, 1961 
Relating to Copyright in Literary, Scientific and Artistic Works], 
as amended on Dec. 22, 2006, Sec.  38 (Nor.), translated at https://www.wipo.int/wipolex/en/text.jsp?file_id=248181 (unofficial 
translation), last amended by LOV-2014-06-13 nr 22 [Act No. 22 of 
June 13, 2014] (translation unavailable); Lag om medling i vissa 
upphovsr[auml]ttstvister (Svensk f[ouml]rfattningssamling [SFS] 
1980:612) [Act on Mediation in Certain Copyright Disputes] (1995) 
art. 5 (Swed.), translated at https://www.wipo.int/wipolex/en/text.jsp?file_id=241666 (unofficial translation), as amended by Lag, 
May 26, 2005 (2005:361), translated at https://www.wipo.int/wipolex/en/text.jsp?file_id=129617 (unofficial translation), last amended by 
Lag, June 27, 2013 (2013:690) (translation unavailable).
---------------------------------------------------------------------------

    3. Distribution of Royalties. To ensure that rightsholders receive 
compensation within a reasonable time, the Office has recommended that 
the legislation or regulations establish a specific period within which 
a CMO must distribute royalties to rightsholders whom it has identified 
and located. Both the United Kingdom's ECL regulations and the European 
Union's February 2014 Directive on collective rights management 
generally require that such payments be made no later than nine months 
from the end of the financial year in which the royalties were 
collected.\4\ In the United States, there is some industry precedent 
for distributions by CMOs on a quarterly basis.\5\ What would be an 
appropriate timeframe for required distributions under a U.S. ECL 
program?
---------------------------------------------------------------------------

    \4\ Copyright and Rights in Performances (Extended Collective 
Licensing) Regulations 2014, S.I. 2014/2588, art. 18, ] 3 (U.K.) 
(``U.K. ECL Regulations''); Directive 2014/26/EU of the European 
Parliament and of the Council of 26 February 2014 on Collective 
Management of Copyright and Related Rights and Multi-Territorial 
Licensing of Rights in Musical Works for Online Use in the Internal 
Market, art. 13(1), 2014 O.J. (L 84) 72, 87, available at https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32014L0026&from=EN.
    \5\ See, e.g., Copyright Clearance Center, Royalty Payment 
Schedule (2014), available at https://www.copyright.com/wp-content/uploads/2015/03/Royaltypaymentschedule.pdf; General FAQ, 
SoundExchange, https://www.soundexchange.com/about/general-faq/.
---------------------------------------------------------------------------

    4. Diligent Search. The Office has recommended that a CMO be 
required to conduct diligent searches for non-member rightsholders for 
whom it has collected royalties. The Office believes that this 
obligation should include, but not be limited to, maintaining a 
publicly available list of information on all licensed works for which 
one or more rightsholders have not been identified or located.\6\ What 
additional actions should be required as part of a CMO's diligent 
search obligation?
---------------------------------------------------------------------------

    \6\ Cf. U.K. ECL Regulations, S.I. 2014/2588, art. 18, ] 5; 
Directive 2014/26/EU art. 13(3).
---------------------------------------------------------------------------

    5. Other Issues. Please comment on any additional issues that the 
Copyright Office may wish to consider in developing draft ECL 
legislation.

    Dated: June 4, 2015.
Karyn A. Temple Claggett,
Associate Register of Copyrights and Director of Policy and 
International Affairs.
[FR Doc. 2015-14116 Filed 6-8-15; 8:45 am]
 BILLING CODE 1410-30-P
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