Library of Congress 2006 – Federal Register Recent Federal Regulation Documents
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Notice of Intent to Audit
The Copyright Office of the Library of Congress is announcing receipt of a notice of intent to audit 2005 statements of account concerning the eligible nonsubscription transmissions of sound recordings made by Beethoven.com (``Beethoven'') under statutory licenses.
Notice of Roundtable on the World Intellectual Property Organization (WIPO) Treaty On the Protection of the Rights of Broadcasting Organizations
The United States Copyright Office (USCO) and the United States Patent and Trademark Office (USPTO) announce a public roundtable discussion concerning the work at the World Intellectual Property Organization (WIPO) in the Standing Committee on Copyright and Related Rights (SCCR) on a proposed Treaty on the Protection of the Rights of Broadcasting Organizations. Members of the public are invited to attend the roundtable, or to participate in the roundtable discussion, on the topics outlined in the supplementary information section of this notice.
Section 108 Study Group: Copyright Exceptions for Libraries and Archives
The Section 108 Study Group announces a public roundtable discussion on certain issues relating to the exceptions and limitations applicable to libraries and archives under the Copyright Act, and seeks written comments on these issues. This notice (1) announces a public roundtable discussion regarding the issues identified in this notice and (2) requests written comments from all interested parties on the issues described in this notice. These issues relate primarily to making and distributing copies pursuant to requests by individual users, as well as to provision of user access to unlicensed digital works.
Cost of Living Adjustment for Performance of Musical Compositions by Colleges and Universities
The Copyright Royalty Judges, on behalf of the Copyright Royalty Board of the Library of Congress, announce a cost of living adjustment of 1.3% in the royalty rates paid by colleges, universities, or other nonprofit educational institutions that are not affiliated with National Public Radio for the use of copyrighted published nondramatic musical compositions in the ASCAP, BMI and SESAC repertoires. The cost of living adjustment is based on the change in the Consumer Price Index from October 2005 to October 2006.
Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies
This notice announces that during the next three years, 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.
Retransmission of Digital Broadcast Signals Pursuant to the Cable Statutory License
The Copyright Office is extending the time in which reply comments can be filed in response to its Notice of Inquiry regarding the retransmission of digital television broadcast signals by cable operators under the Copyright Act.
Designation as a Preexisting Subscription Service
The Copyright Royalty Board, acting pursuant to statute, referred a novel question of law to the Register of Copyrights concerning the designation of certain digital subscription music services as preexisting subscription services. Specifically, the Copyright Royalty Board requested a decision by the Register of Copyrights regarding whether the universe of preexisting subscription services was limited to three specific services. The Register of Copyrights, in a timely fashion, transmitted a Memorandum Opinion to the Copyright Royalty Board confirming that only three music services qualify as a preexisting subscription service for purposes of performing a sound recording publicly by means of a subscription digital audio transmission pursuant to a statutory license.
Mechanical and Digital Phonorecord Delivery Rate Adjustment Proceeding
The Copyright Royalty Board, acting pursuant to statute, referred two novel questions of law to the Register of Copyrights. Specifically, the Copyright Royalty Board requested a decision by the Register of Copyrights regarding whether ringtones are subject to the statutory license for making and distributing phonorecords under the Copyright Act, and if so, what legal conditions and/or limitations would apply. The Register of Copyrights, in a timely fashion, transmitted a Memorandum Opinion to the Copyright Royalty Board stating, with certain caveats, that the statutory license applies to ringtones.
Notice of Intent to Audit
The Copyright Office of the Library of Congress is announcing receipt of a notice of intent to audit 2005 statements of account concerning the eligible nonsubscription and subscription transmissions of sound recordings made by Live365, Inc. (``Live365'') under statutory licenses.
Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies
The Librarian of Congress is extending, on an interim basis, the existing classes of works with respect to which the prohibition against circumvention of technological measures that effectively control access to copyrighted works shall not apply to persons who engage in noninfringing uses.
Notice and Recordkeeping for Use of Sound Recordings Under Statutory License
The Copyright Royalty Judges, on behalf of the Copyright Royalty Board, are issuing interim regulations for the delivery and format of reports of use of sound recordings for the statutory licenses set forth in sections 112 and 114 of the Copyright Act.
Procedural Regulations for the Copyright Royalty Board
This document corrects two errors and makes a technical correction in a final rule document published in the Federal Register on September 11, 2006, regarding amendments made to the procedural regulations of the Copyright Royalty Board.
Retransmission of Digital Broadcast Signals Pursuant to the Cable Statutory License
The Copyright Office is seeking comment on copyright issues associated with the secondary transmission of digital television broadcast signals by cable operators under the Copyright Act.
Procedural Regulations for the Copyright Royalty Board
The Copyright Royalty Judges, on behalf of the Copyright Royalty Board, are adopting amendments to the procedural regulations governing the practices and procedures of the Copyright Royalty Judges in royalty rate and distribution proceedings.
Correction of Errors in Certificates of Registration of Vessel Hull Designs
The Copyright Office is publishing an interim rule governing the correction of errors in certificates of registration of vessel hull designs. If the Office discovers a clerical or typographical error made by the Office on a certificate of registration, the Office will issue a corrected certificate. If an owner of a vessel hull design discovers a clerical or typographical error in a certificate of registration that is a result of error in the application, the owner may submit an application for correction of the certificate of registration.
Electronic Payment of Royalties
The Copyright Office is publishing a final rule amending its rules governing the submission of royalty fees to the Copyright Office to require such payments to be made by electronic funds transfer.
Cable Compulsory License Reporting Practices
The Copyright Office is seeking input on possible rules governing the reporting practices of cable operators under the Copyright Act.
Notice of Termination
The Copyright Office is making a technical amendment in the regulation regarding notices of termination of transfers and licenses to clarify determination of the date on which notice was served. In instances where first class mail is used, the date on which notice of termination is served is the day on which the notice was mailed.
Fees
The Copyright Office of the Library of Congress is publishing a final rule establishing adjusted fees for its services. The adjusted fees will recover a significant part of the costs to the Office of registering claims and provide full cost recovery for many services provided by the Office which benefit only or primarily the user of that service. The proposed fee increase for preregistration has been eliminated, and the proposed increase for group registration of photographs has been reduced to the fee for basic registration. Adjusted fees will be effective July 1, 2006. This final rule assumes that no legislative action will take place before July, 1, 2006.
Electronic Payment of Royalties
The Copyright Office is proposing to amend its rules governing the submission of royalty fees to the Copyright Office to require such payments to be made by electronic funds transfer.
Fees
This notice of proposed rulemaking is issued to inform the public that the Copyright Office of the Library of Congress is considering adoption of new fees for special services and Licensing Division services, and that the Office has submitted to Congress proposed new statutory fees for certain other services. The proposed fees would recover a significant part of the costs to the Office of registering claims and provide full cost recovery for many services provided by the Office which benefit only or primarily the user of that service.
Notice of Public Hearings: Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies
The Copyright Office of the Library of Congress will be holding public hearings on the possible exemptions to the prohibition against circumvention of technological measures that control access to copyrighted works. In accordance with the Copyright Act, as amended by the Digital Millennium Copyright Act, the Office is conducting its triennial rulemaking proceeding to determine whether there are particular ``classes of works'' as to which users are, or are likely to be, adversely affected in their ability to make noninfringing uses if they are prohibited from circumventing such technological measures.
Section 108 Study Group: Copyright Exceptions for Libraries and Archives
The Section 108 Study Group of the Library of Congress seeks comment on certain issues relating to the exceptions and limitations applicable to libraries and archives under section 108 of the Copyright Act, and announces public roundtable discussions. This notice (1) requests written comments from all interested parties on the specific issues identified in this notice, and (2) announces public roundtable discussions regarding certain of those issues, as described in this notice. The issues covered in this notice relate primarily to eligibility for the section 108 exceptions and copies made for purposes of preservation and replacement.
Adjustment or Determination of Compulsory License Rates for Making and Distributing Phonorecords
The Copyright Royalty Board of the Library of Congress is announcing the commencement of the proceeding to determine the reasonable rates and terms for making and distributing phonorecords. The Board is also announcing the date by which a party who wishes to participate in the new rate proceeding must file its Petition to Participate and the accompanying $150 filing fee.
Determination of Reasonable Rates and Terms for Noncommercial Broadcasting
The Copyright Royalty Board of the Library of Congress is announcing the commencement of the proceeding to determine the reasonable rates and terms for use of certain works in connection with noncommercial broadcasting. The Board is also announcing the date by which a party who wishes to participate in the new rate proceeding must file its Petition to Participate and the accompanying $150 filing fee.
Adjustment of Rates and Terms for Preexisting Subscription and Satellite Digital Audio Radio Services
The Copyright Royalty Board of the Library of Congress is announcing the commencement of the proceeding to determine the reasonable rates and terms for preexisting subscription and satellite digital audio radio services. The Board is also announcing the date by which a party who wishes to participate in the new rate proceeding must file its Petition to Participate and the accompanying $150 filing fee.
Notice of Intent To Audit
The Copyright Office of the Library of Congress is announcing receipt of eleven notices of intent to audit eligible nonsubscription and new subscription services that transmit sound recordings under statutory licenses. The audits intend to verify statements of account for the years 2002, 2003, and 2004.
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