Library of Congress – Federal Register Recent Federal Regulation Documents

The Copyright Royalty Judges publish final regulations that adjust the amounts and terms of the Administrative Assessment To fund the Mechanical Licensing Collective.

The U.S. Copyright Office is issuing a supplemental notice of proposed rulemaking to update its October 25, 2022 proposed rule 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. This supplemental notice modifies the proposed rule and expands its scope in light of comments received in response to the previous notice. In addition to addressing the applicability of the derivative works exception, the supplemental proposed rule addresses other matters relevant to identifying the proper payee to whom the mechanical licensing collective must distribute royalties. Among other things, the Office proposes adopting regulations addressing the mechanical licensing collective's distribution of matched historical royalties and administration of ownership transfers, requests to designate alternative royalty payees, and related disputes. The Office invites public comments on the supplemental proposed rule.

The U.S. Copyright Office adopts the following interpretive rule regarding fees for late royalty payments under the Music Modernization Act's statutory mechanical blanket license and terminates its notification of inquiry on this subject that was published on February 23, 2023.

The United States Copyright Office is undertaking a study of the copyright law and policy issues raised by artificial intelligence (``AI'') systems. To inform the Office's study and help assess whether legislative or regulatory steps in this area are warranted, the Office seeks comment on these issues, including those involved in the use of copyrighted works to train AI models, the appropriate levels of transparency and disclosure with respect to the use of copyrighted works, and the legal status of AI-generated outputs.

The Copyright Royalty Judges announce their final determination after remand of the rates and terms for making and distributing phonorecords for the period beginning January 1, 2018, and ending on December 31, 2022.

Pursuant to the Copyright Alternative in Small-Claims Enforcement Act, the U.S. Copyright Office is adopting as final a May 3, 2023, proposed rule governing the filing of agreement-based counterclaims and related discovery requirements in Copyright Claims Board proceedings.

The Copyright Royalty Judges announce commencement of a proceeding to determine an adjustment to the administrative assessment that digital music providers and any significant nonblanket licensees must pay to fund the operations of the Mechanical Licensing Collective (MLC); set the date by which the MLC and the Digital Licensee Coordinator (DLC) must, and other eligible participants may, file a Petition to Participate and the accompanying $150 filing fee; and announce the schedule for the proceeding and deadlines for submissions.

The United States Copyright Office is initiating the ninth triennial rulemaking proceeding under the Digital Millennium Copyright Act (``DMCA'') to consider possible temporary exemptions to the DMCA's prohibition against circumvention of technological measures that control access to copyrighted works. In this proceeding, the Copyright Office is again providing a streamlined procedure for the renewal of exemptions that were granted during the eighth triennial rulemaking. If renewed, those current exemptions would remain in force for an additional three-year period (October 2024-October 2027). Members of the public seeking the renewal of current exemptions should submit petitions as described below; parties opposing such renewal will then have the opportunity to file comments in response. The Office is also accepting petitions for new exemptions to engage in activities not currently permitted by existing exemptions, which may include proposals that expand on a current exemption. Those petitions, and any renewal petitions that are opposed, will be considered pursuant to a rulemaking process that includes three rounds of written comment, followed by public hearings, which the Office intends to conduct virtually.

The U.S. Copyright Office is amending its regulations governing Copyright Claims Board proceedings to address the filing of agreement- based counterclaims and related discovery requirements.

The Copyright Royalty Judges solicit comments on a motion of Allocation Phase claimants for partial distribution of 2020 satellite royalty funds.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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).

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.

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.

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.