Library of Congress – Federal Register Recent Federal Regulation Documents
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Notice and Recordkeeping for Use of Sound Recordings Under Statutory License
The Copyright Office of the Library of Congress is proposing regulations for the delivery and format of records of use of sound recordings under two statutory licenses of the Copyright Act.
Rate Adjustment for the Satellite Carrier Compulsory License
The Copyright Office of the Library of Congress is publishing the royalty rates for analog television broadcast stations retransmitted by satellite carriers under the section 119 statutory license.
Adjustment of Cable Statutory License Royalty Rates
The Copyright Office of the Library of Congress announces the deadline for filing Notices of Intent to Participate in a CARP proceeding to adjust the rates for the cable statutory license and announces the dates of the 30-day negotiation period.
Registration of Claims to Copyright, Group Registration of Published Photographs
The Copyright Office of the Library of Congress is amending its final regulations concerning group registration of published photographs to limit to 750 the number of photographs that may be identified on continuation sheets submitted with a single application form and filing fee. The regulation continues to place no limit on the number of photographs that may be included in a single group registration when the applicant elects not to use continuation sheets and instead identifies the date of publication for each photograph on the deposited image and the applicant meets the other regulatory requirements for group registration of published photographs. The regulation also clarifies that the date of publication for each photograph may be identified in a text file on the CD-ROM or DVD that contains the photographic images or on a list that accompanies the deposit and provides the publication date for each image.
Rate Adjustment for the Satellite Carrier Compulsory License
The Copyright Office of the Library of Congress is announcing the voluntary negotiation period for the purpose of determining the royalty fees for the retransmission of digital over-the-air television broadcast signals by satellite carriers under the statutory license.
Reports of Use of Sound Recordings Under Statutory License
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.
Notice of Intent to Audit
The Copyright Office of the Library of Congress is announcing receipt of a notice of intent to audit DMX Music, Inc., for its transmissions of sound recordings to business establishments made under an exemption to the digital performance right. This audit intends to review transmissions to business establishments made by DMX Music, Inc., for the years 2002, 2003, and 2004.
Registration of Claims to Copyright: New Format for Certain Copyright Registration Certificates
The Copyright Office announces a modification to a policy decision announced January 21, 2005, concerning changing the format of certain copyright registration certificates. The modification clarifies how the Office will select applications for registration to be included in a pilot program in which certificates of registration will be generated from registration data scanned from the applications and stored in an electronic information system.
Digital Performance Right in Sound Recordings and Ephemeral Recordings
The Interim Chief Copyright Royalty Judge of the Library of Congress is announcing the commencement of the proceeding to determine the reasonable rates and terms for two statutory licenses for the period beginning January 1, 2006, and ending on December 31, 2010. One license allows public performances of sound recordings by means of an eligible nonsubscription transmission and transmissions made by a new subscription service; the other permits the making of an ephemeral phonorecord of a sound recording in furtherance of making a permitted public performance of the sound recording. The Interim Chief Copyright Royalty Judge is also 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.
Reconsideration Procedure
This document makes technical amendments to the Copyright Office regulation permitting copyright applicants to request reconsideration of decisions to refuse registration.
Digital Performance Right in Sound Recordings and Ephemeral Recordings
The Copyright Office of the Library of Congress is announcing the termination of the proceeding to determine reasonable rates and terms for two compulsory licenses for the period beginning January 1, 2005, and ending on December 31, 2006. One license allows public performances of sound recordings by means of eligible digital audio transmissions; the other permits the making of an ephemeral phonorecord of a sound recording in furtherance of making a permitted public performance of the sound recording. The rates and terms applicable to new subscription services, eligible nonsubscription services, and services that transmit performances to business establishments that were in effect on December 31, 2004, will remain in effect during 2005.
Adjustment of Cable Statutory License Royalty Rates
The Copyright Office of the Library of Congress is requesting comment as to whether the 2005 cable statutory license rate adjustment proceeding should take place under the auspices of the Copyright Arbitration Royalty Panel (``CARP'') system or the new Copyright Royalty Judge (``CRJ'') system.
Rate Adjustment for the Satellite Carrier Compulsory License
The Copyright Office of the Library of Congress is submitting for public comment a proposed settlement of royalty rates for analog television broadcast stations retransmitted by satellite carriers under statutory license.
Orphan Works
The Copyright Office seeks to examine the issues raised by ``orphan works,'' i.e., copyrighted works whose owners are difficult or even impossible to locate. Concerns have been raised that the uncertainty surrounding ownership of such works might needlessly discourage subsequent creators and users from incorporating such works in new creative efforts or making such works available to the public. This notice requests written comments from all interested parties. Specifically, the Office is seeking comments on whether there are compelling concerns raised by orphan works that merit a legislative, regulatory or other solution, and what type of solution could effectively address these concerns without conflicting with the legitimate interests of authors and right holders.
Registration of Claims to Copyright: New Format for Certain Copyright Registration Certificates
The Copyright Office of the Library of Congress is changing the format of certain copyright registration certificates issued under the Copyright Act. Certificates in the new format will be issued only for motion pictures and other audiovisual works registered in class PA, as part of a pilot project. For all other categories of registrations, the certificate format will not change. The substantive content of all certificates will remain the same.
Notice of Intent To Audit
The Copyright Office of the Library of Congress is announcing receipt of three notices of intent to audit preexisting subscription services that transmit sound recordings under statutory licenses. The audits intend to verify statements of account for the years 2001, 2002, and 2003.
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