Library of Congress – Federal Register Recent Federal Regulation Documents

Cost of Living Adjustment to Royalty Rates for Webcaster Statutory License; Correction
Document Number: 2018-26606
Type: Rule
Date: 2018-12-10
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
This document corrects the preamble to and one paragraph of the final rule published in the Federal Register of November 28, 2018, regarding the cost of living adjustment (COLA) to the royalty rate that 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.
Notices of Intention and Statements of Account Under Compulsory License To Make and Distribute Phonorecords of Musical Works
Document Number: 2018-26579
Type: Rule
Date: 2018-12-07
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The U.S. Copyright Office is issuing interim regulations pursuant to the Musical Works Modernization Act, title I of the recently enacted Orrin G. Hatch-Bob Goodlatte Music Modernization Act. This interim rule amends the Office's existing regulations pertaining to the compulsory license to make and distribute phonorecords of musical works so as to conform the existing regulations to the new law, including with respect to the operation of notices of intention and statements of account, and to make other minor technical updates. To be clear, this interim rule is generally directed at the present transition period before a blanket license is offered by a mechanical licensing collective and does not include regulatory updates that may be required in connection with the future offering of that blanket license; such updates will be the subject of future rulemakings. These regulations are issued on an interim basis with opportunity for public comment to avoid delay in making these necessary updates and clarifications and because they are technical in nature. The Office welcomes comment on these interim regulations.
Distribution of Cable and Satellite Royalty Funds
Document Number: 2018-26494
Type: Notice
Date: 2018-12-06
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges (Judges) announce the final distribution of satellite royalty funds for the year 2000. The distribution determination results from a contested motion by the Settling Devotional Claimants (SDC) requesting that the Judges order a final distribution to the SDC of 100% of the Devotional Claimants' share of the 2000 satellite royalties.
Adjustment of Cable Statutory License Royalty Rates
Document Number: 2018-26275
Type: Rule
Date: 2018-12-06
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges (Judges) publish a final rule requiring affected cable systems to pay a separate per-telecast royalty (a Sports Surcharge) in addition to the other royalties that those cable systems must pay under Section 111 of the Copyright Act.
Distribution of Cable Royalty Funds; Distribution of Satellite Royalty Funds
Document Number: 2018-26092
Type: Notice
Date: 2018-11-30
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges (Judges) announce the final distribution of cable and satellite royalty funds for the years 2010, 2011, 2012, and 2013. The determination is a result of agreement among the participants that claim shares of the cable and satellite royalty funds to be allocated to the Program Suppliers Claimant category. The Judges issued their allocation determination relating to cable royalty funds for the relevant years to the participants on October 18, 2018. Allocation of satellite royalty funds is not yet determined.
Group Registration of Newsletters and Serials
Document Number: 2018-26091
Type: Rule
Date: 2018-11-30
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The U.S. Copyright Office is amending its regulations governing the group registration options for newsletters and serials. With respect to group newsletters, the final rule amends the definition of ``newsletter,'' eliminating the requirement that each issue must be a work made for hire, and the provision stating that group newsletter claims must be received within three months after publication. Under the final rule, newsletter publishers now should register their issues with the online application and upload a digital copy of each issue through the electronic registration system instead of submitting them in a physical form. With respect to group serials, the final rule clarifies that serials governed by the rule generally must be published at intervals of a week or longer, and that the publication dates provided in the application need not match the dates appearing on the issues themselves. In addition, the rule phases out the paper application for group serials and the submission of physical copies. Beginning one year after the rule goes into effect, serial publishers will be required to use the online application for group serials and to upload a digital copy of each issue, rather than submitting them in a physical form. The final rule updates the regulations for both newsletters and serials by confirming that publishers do not need to provide the Library of Congress with complimentary subscriptions to or microfilm of each issue as a condition for registering their works with the Office, but newsletter and serial issues that are submitted for purposes of registration will no longer satisfy the mandatory deposit requirement. Publishers will be expected to separately provide the Library with two complimentary subscriptions if the newsletter or serial is published in the United States in a physical format (unless the publisher is informed that the publication is not needed for the Library's collections). If the newsletter or serial is published solely in electronic form, the publisher will remain exempt from mandatory deposit unless the Office issues a formal demand for copies of that publication.
Cost of Living Adjustment to Royalty Rates for Webcaster Statutory License
Document Number: 2018-25908
Type: Rule
Date: 2018-11-28
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
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.
Cost of Living Adjustment to Satellite Carrier Compulsory License Royalty Rates
Document Number: 2018-25907
Type: Rule
Date: 2018-11-28
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges announce a cost of living adjustment (COLA) of 2.5% in the royalty rates satellite carriers pay for a compulsory license under the Copyright Act. The COLA is based on the change in the Consumer Price Index from October 2017 to October 2018.
Cost of Living Adjustment to Public Broadcasters Compulsory License Royalty Rate
Document Number: 2018-25906
Type: Rule
Date: 2018-11-28
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges announce a cost of living adjustment (COLA) to the royalty rate that noncommercial radio stations at certain colleges, universities, and other educational institutions that are not affiliated with National Public Radio must pay for the use in 2019 of published nondramatic musical compositions in the SESAC repertory pursuant to the statutory license under the Copyright Act for noncommercial broadcasting. Because the current rates did not become final until January 2018, the revised regulation includes the revised rate for 2018 that reflects the cost of living adjustment announced in 2017.
Modification and Amendment of Regulations To Conform to the MMA; Extension of Comment Period
Document Number: 2018-25579
Type: Proposed Rule
Date: 2018-11-26
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
On November 5, 2018, the Copyright Royalty Judges solicited comments and proposals regarding necessary and appropriate modifications and amendments to agency regulations following enactment of a new law regarding the music industry. The comment period, which was set to expire on November 26, 2018, has been extended to December 10, 2018.
Determination of Royalty Rates and Terms for Making Ephemeral Copies of Sound Recordings for Transmission to Business Establishments (Business Establishments III)
Document Number: 2018-25458
Type: Rule
Date: 2018-11-26
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges (Judges) publish final regulations setting rates and terms for the making of an ephemeral recording of a sound recording by a business establishment service for the period January 1, 2019, through December 31, 2023.
Noncommercial Use of Pre-1972 Sound Recordings That Are Not Being Commercially Exploited: Extension of Comment Period
Document Number: 2018-24848
Type: Proposed Rule
Date: 2018-11-15
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The Copyright Office is extending the deadline for the submission of written comments in response to its October 16, 2018 notice of inquiry regarding the Classics Protection and Access Act, title II of the recently enacted Orrin G. Hatch-Bob Goodlatte Music Modernization Act.
Distribution of Cable and Satellite Royalty Funds
Document Number: 2018-24516
Type: Notice
Date: 2018-11-09
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges (Judges) are requesting comments regarding whether controversies exist among claimants relating to distribution of the cable and satellite television retransmission royalty funds deposited with the U.S. Copyright Office for royalty years 2014 through 2017.
Modification and Amendment of Regulations To Conform to the MMA
Document Number: 2018-24089
Type: Proposed Rule
Date: 2018-11-05
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges (Judges) publish a notice of inquiry regarding necessary and appropriate modifications and amendments to agency regulations following enactment of a new law regarding the music industry.
Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies
Document Number: 2018-23241
Type: Rule
Date: 2018-10-26
Agency: Library of Congress, Agencies and Commissions
In this final rule, the Librarian of Congress adopts exemptions to the provision of the Digital Millennium Copyright Act (``DMCA'') that prohibits circumvention of technological measures that control access to copyrighted works, codified in the United States Code. As required under the statute, the Acting Register of Copyrights, following a public proceeding, submitted a Recommendation concerning proposed exemptions to the Librarian of Congress. After careful consideration, the Librarian adopts final regulations based upon the Acting Register's Recommendation.
Registration Modernization
Document Number: 2018-22486
Type: Proposed Rule
Date: 2018-10-17
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The U.S. Copyright Office is building a new registration system to meet the demands of the digital age. As the Office develops a new technological infrastructure for this system, it is considering several legal and policy changes to improve user experience, increase Office efficiency, and decrease processing times. The Office is seeking public comment to inform its decisions on how to improve the regulations and practices related to the registration of copyright claims.
Filing of Schedules by Rights Owners and Contact Information by Transmitting Entities Relating to Pre-1972 Sound Recordings
Document Number: 2018-22518
Type: Rule
Date: 2018-10-16
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The U.S. Copyright Office is issuing interim regulations pursuant to the Classics Protection and Access Act, title II of the recently enacted Orrin G. Hatch-Bob Goodlatte Music Modernization Act. These regulations pertain to the filing of schedules by rights owners listing their sound recordings fixed before February 15, 1972, and the filing of contact information by entities publicly performing these sound recordings by means of digital audio transmission. As required under the Act, the Office is also specifying how individuals may request timely notification of the filing of such schedules with the Office. These regulations are issued on an interim basis with opportunity for comment to comply with statutory requirements and to ensure that both rights owners and transmitting entities can promptly make use of these new filing mechanisms to protect their respective legal interests. The Office welcomes comment on these interim rules.
Noncommercial Use of Pre-1972 Sound Recordings That Are Not Being Commercially Exploited
Document Number: 2018-22516
Type: Proposed Rule
Date: 2018-10-16
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The U.S. Copyright Office is issuing a notice of inquiry regarding the Classics Protection and Access Act, title II of the recently enacted Orrin G. Hatch-Bob Goodlatte Music Modernization Act. In connection with the establishment of federal remedies for unauthorized uses of sound recordings fixed before February 15, 1972 (``Pre-1972 Sound Recordings''), Congress also established an exception for certain noncommercial uses of Pre-1972 Sound Recordings that are not being commercially exploited. To qualify for this exemption, a user must file a notice of noncommercial use after conducting a good faith, reasonable search to determine whether the Pre-1972 Sound Recording is being commercially exploited, and the rights owner of the sound recording must not object to the use within 90 days. To promulgate the regulations required by the new statute, the Office is soliciting comments regarding specific steps that a user should take to demonstrate she has made a good faith, reasonable search. The Office also solicits comments regarding the filing requirements for the user to submit a notice of noncommercial use and for a rights owner to submit a notice objecting to such use.
Streamlining the Administration of DART Royalty Accounts and Electronic Royalty Payment Processes
Document Number: 2018-22372
Type: Rule
Date: 2018-10-15
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The U.S. Copyright Office is establishing a rule to codify its procedures for closing royalty payments accounts under section 1005 of the Copyright Act, and is amending its regulations governing online payment procedures for statutory licensing statements of account to no longer require that payments for these accounts be made in a single lump sum. These changes are intended to improve the efficiency of the Copyright Office's Licensing Division operations.
Adjustment of Cable Statutory License Royalty Rates; Correction
Document Number: 2018-19217
Type: Proposed Rule
Date: 2018-09-06
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges (Judges) are correcting one of the references to a docket number in a proposed rule that appeared in the Federal Register on July 30, 2018, and are reopening for an additional fourteen days the period for comments on modified proposed regulations to require affected cable systems to pay a separate per- telecast royalty (a Sports Surcharge) in addition to the other royalties that those cable systems must pay under Section 111 of the Copyright Act.
Distribution of Cable Royalty Funds; Distribution of Satellite Royalty Funds
Document Number: 2018-16780
Type: Notice
Date: 2018-08-06
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges (Judges) announce final distribution of a portion of cable and satellite royalty funds for the years 2010, 2011, 2012, and 2013. The determination results from agreement among the participants that claim shares of the funds to be allocated to the Devotional Claimant category. The Judges issued their initial determination to the participants on July 19, 2018.
Adjustment of Cable Statutory License Royalty Rates
Document Number: 2018-16175
Type: Proposed Rule
Date: 2018-07-30
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges (Judges) publish for comment modified proposed regulations to require affected cable systems to pay a separate per-telecast royalty (a Sports Surcharge) in addition to the other royalties that those cable systems must pay under Section 111 of the Copyright Act.
Streamlining the Administration of DART Royalty Accounts and Electronic Royalty Payment Processes
Document Number: 2018-14543
Type: Proposed Rule
Date: 2018-07-11
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The Copyright Office is proposing to establish a regulation regarding its procedures for closing out royalty payments accounts under section 1005, and updating its regulations governing online payment procedures for cable, satellite, and digital audio recording technology (``DART'') statements of account to no longer require that payments be made in a single lump sum. These amendments are intended to improve the efficiency of the Copyright Office's Licensing Division operations.
Copyright Office Fees: Extension of Comment Period
Document Number: 2018-13323
Type: Proposed Rule
Date: 2018-06-21
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The Copyright Office is extending the deadline for the submission of written comments in response to its May 24, 2018 notice of proposed rulemaking proposing the adoption of a new fee schedule.
Group Registration of Serials
Document Number: 2018-13018
Type: Proposed Rule
Date: 2018-06-18
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The U.S. Copyright Office is extending the deadline for the submission of written comments in response to its May 17, 2018 notice of proposed rulemaking regarding amendments to its regulation governing the group registration option for serials.
Group Registration of Newsletters
Document Number: 2018-13017
Type: Proposed Rule
Date: 2018-06-18
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The U.S. Copyright Office is extending the deadline for the submission of written comments in response to its May 17, 2018 notice of proposed rulemaking regarding amendments to its regulation governing the group registration option for newsletters.
Statutory Cable, Satellite, and DART License Reporting Practices
Document Number: 2018-12080
Type: Proposed Rule
Date: 2018-06-06
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The United States Copyright Office is extending the deadlines for the submission of written comments in response to its December 1, 2017 notice of proposed rulemaking concerning the royalty reporting practices of cable operators under section 111 and proposed revisions to the Statement of Account forms, and on proposed amendments to the Statement of Account filing requirements.
Distribution of 2016 Cable Royalty Funds
Document Number: 2018-11938
Type: Notice
Date: 2018-06-04
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges solicit comments on a motion for partial distribution of 2016 cable royalty funds.
Group Registration of Newspapers
Document Number: 2018-11841
Type: Rule
Date: 2018-06-01
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The U.S. Copyright Office is amending its regulation governing the deposit of published copies or phonorecords for the Library of Congress to correct an inadvertent error.
Copyright Office Fees
Document Number: 2018-11095
Type: Proposed Rule
Date: 2018-05-24
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The Copyright Office is proposing the adoption of a new fee schedule. The proposed fees would help the Office recover a significant part, though not the whole, of its costs. The Office is providing an opportunity to the public to comment on the proposed changes before it submits the fee schedule to Congress.
Determination of Royalty Rates and Terms for Making Ephemeral Copies of Sound Recordings for Transmission to Business Establishments (Business Establishments III)
Document Number: 2018-10509
Type: Proposed Rule
Date: 2018-05-17
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges (Judges) publish for comment proposed regulations that set rates and terms for the making of an ephemeral recording of a sound recording by a business establishment service for the period January 1, 2019, through December 31, 2023.
Group Registration of Serials
Document Number: 2018-10422
Type: Proposed Rule
Date: 2018-05-17
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The U.S. Copyright Office is proposing to update its regulation governing the group registration option for serialsworks such as magazines and journals. The proposed rule will make a number of changes to reflect current Office practices, promote efficiency of the registration process, and encourage broader participation in the registration system by reducing the burden on applicants. Specifically, the proposed rule will require applicants to file an online application rather than a paper application, and upload a complete digital copy of each issue through the electronic registration system instead of submitting them in physical form. It will update the eligibility requirements for this group option in several respects, such as clarifying that each issue must be published under the same continuing title. In addition, the proposed rule will remove the requirement that the claimant provide the Library of Congress with two complimentary subscriptions to that serial as a condition for using the group registration option. Under the proposed rule, however, serial publishers will remain subject to the mandatory deposit requirement. Specifically, if a serial is published in the United States in a physical format, the publisher must send complimentary subscriptions to the Library, unless it is informed that the serial title is not needed for the Library's collection. Serials published only in electronic form will continue to be subject to the existing on-demand mandatory deposit regime. The Office invites public comment on these proposed changes.
Group Registration of Newsletters
Document Number: 2018-10420
Type: Proposed Rule
Date: 2018-05-17
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The U.S. Copyright Office is proposing to update its regulation governing the group registration option for newsletters, which are defined in part as a class of serials that are published at least two days each week. The proposed rule would make a number of changes to reflect current Office practices, promote efficiency of the registration process, and encourage broader participation in the registration system by reducing the burden on applicants. Specifically, the proposed rule would require applicants to file an online application, rather than a paper application, and upload a complete digital copy of each issue through the electronic registration system instead of submitting them in physical form. The proposed rule would amend the definition of ``newsletter,'' and eliminate the requirement that each issue must be a work made for hire and the requirement that the applicants submit their claims within a certain period of time. In addition, the proposed rule would remove the requirement that the claimant provide the Library with complimentary subscriptions to or microfilm of the newsletter as a condition for using the group registration option. Under the proposed rule, however, newsletter publishers would remain subject to the mandatory deposit requirement. Specifically, if the newsletter is published in the United States in a physical format, the publisher must provide the Library with two complimentary subscriptions to the newsletter, unless it is informed that the newsletter is not needed for the Library's collections. Newsletters published only in electronic form would continue to be subject to the general, existing on-demand mandatory deposit regime for electronic serials. The Office invites public comment on these proposed changes.
Mandatory Deposit of Electronic-Only Books: Extension of Comment Period
Document Number: 2018-10421
Type: Proposed Rule
Date: 2018-05-16
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The U.S. Copyright Office is further extending the deadline for the submission of written comments in response to its April 16, 2018 notice of proposed rulemaking, regarding revisions to its regulations to finalize a 2010 interim rule regarding mandatory deposit of electronic-only works, and to make electronic-only books published in the United States subject to the mandatory deposit requirements if they are affirmatively demanded by the Office.
Mandatory Deposit of Electronic-Only Books
Document Number: 2018-07484
Type: Proposed Rule
Date: 2018-04-16
Agency: Library of Congress, Agencies and Commissions, Copyright Office
Section 407 of the Copyright Act requires the mandatory deposit with the Copyright Office (``Office'') of all works published in the United States, within three months of publication, for use by the Library of Congress (``Library''). The Office is allowed to exclude certain classes of works from this requirement. In a 2010 interim rule, the Office codified its longstanding practice of excluding from the mandatory deposit requirements all electronic works that are not otherwise available in a physical format (i.e., ``electronic works published in the United States and available only online.''). The 2010 interim rule created one exception to this general rule for electronic- only serials, which are subject to mandatory deposit, if they are published in the United States and if they are affirmatively demanded by the Office. On May 17, 2016, the Office published a Notice of Inquiry seeking public comment on potential regulatory changes that would make the interim rule final and would make electronic-only books and sound recordings subject to mandatory deposit requirements by way of the same demand process. Based on the responses to the NOI and input from the Library, the Office proposes revising its regulations to make the interim rule final, and to make electronic-only books published in the United States subject to the mandatory deposit requirements if they are affirmatively demanded by the Office. The proposed rule does not address mandatory deposit of electronic-only sound recordings.
Statutory Cable, Satellite, and DART License Reporting Practices
Document Number: 2018-04644
Type: Proposed Rule
Date: 2018-03-08
Agency: Library of Congress, Agencies and Commissions
The United States Copyright Office is extending the deadlines for the submission of written comments in response to its December 1, 2017 notice of proposed rulemaking concerning the royalty reporting practices of cable operators under section 111 and proposed revisions to the Statement of Account forms, and on proposed amendments to the Statement of Account filing requirements.
Streamlining the Single Application and Clarifying Eligibility Requirements
Document Number: 2018-02204
Type: Proposed Rule
Date: 2018-02-06
Agency: Library of Congress, Agencies and Commissions, Copyright Office
On December 16, 2017, the U.S. Copyright Office released a new version of the Single Application, an online registration option that allows a single author to register a claim in one work that is solely owned by the same author and is not a work made for hire. The new Single Application includes enhanced features that should improve the user experience, increase the efficiency of the examination, and reduce the correspondence rate for these types of claims. To coincide with these technical upgrades, the Office is now proposing to amend its regulations to clarify the eligibility requirements for the Single Application, and codify certain practices set forth in the Compendium of U.S. Copyright Office Practices, Third Edition. In addition, the proposed rule confirms that the Single Application may be used to register one sound recording and one musical work, literary work, or dramatic worknotwithstanding the fact that a sound recording and the work embodied in that recording are separate works. The proposed rule will also clarify the eligibility requirements for the Office's Standard Application, which is used to register certain works that are ineligible for the Single Application, such as works with more than one owner. In addition, the proposed rule will eliminate the ``short form'' version of the Office's paper applications, and make technical amendments to the regulations governing preregistration, architectural works, mask works, vessel designs, the unit of publication registration option, and the group registration option for database updates. The proposed rule will also allow for paper applications to be certified with a typed or printed signature by removing the requirement that the certification must include a ``handwritten'' signature of the certifying party.
Exemptions To Permit Circumvention of Access Controls on Copyrighted Works: Notice of Public Hearings
Document Number: 2018-02086
Type: Proposed Rule
Date: 2018-02-02
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The United States Copyright Office will be holding public hearings as part of the seventh triennial rulemaking proceeding under the Digital Millennium Copyright Act (``DMCA'') concerning possible exemptions to the DMCA's prohibition against circumvention of technological measures that control access to copyrighted works. The public hearings will be held in April 2018 in Washington, DC and Los Angeles. Parties interested in testifying at the public hearings are invited to submit requests to testify pursuant to the instructions set forth below.
Group Registration of Newspapers
Document Number: 2018-01838
Type: Rule
Date: 2018-01-30
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The U.S. Copyright Office is amending its regulation governing the group registration option for newspapers. The final rule will make a number of changes to reflect current Office practices, improve the efficiency of the registration process, and encourage broader participation in the registration system by reducing the burden on applicants. Specifically, the final rule revises the definition of ``newspaper issues'' and clarifies that the group registration option may be used to register any qualifying ``newspaper issue.'' The final rule will also require applicants to file an online application rather than a paper application, and upload a complete digital copy of each issue through the Office's electronic registration system instead of submitting them in physical form. Digital copies of newspapers received by the Office under this group registration option will be offered to the Library of Congress for use in its collections, and the Library intends to provide public access to these digital files, subject to the restrictions set forth in the final rule. Applicants may continue to submit their issues on microfilm on a voluntary basis (in addition to and at the same time as submitting digital files) if the microfilm is received by December 31, 2019. After that date, the microfilm option will be eliminated. The final rule clarifies that each issue in the group must be a new collective work and a work made for hire, that the author and copyright claimant for each issue must be the same person or organization, and that the claim must be received within three months after the publication of the earliest issue in the group. Finally, the rule confirms that a group registration covers each issue in the group, as well as any contributions appearing within each issue if they are fully owned by the copyright claimant and if they were first published in those issues.
Notice of Intent To Audit
Document Number: 2018-01011
Type: Notice
Date: 2018-01-22
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges announce receipt of three notices of intent to audit the 2013, 2014, and 2015 statements of account submitted by commercial webcaster and broadcaster Alpha Media LLC and by commercial webcasters Google Inc. and Music Choice \1\ concerning royalty payments each made pursuant to two statutory licenses.
Determination of Rates and Terms for Public Broadcasting (PB III)
Document Number: 2018-00735
Type: Rule
Date: 2018-01-19
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges publish this final rule regarding rates and terms for use of certain works in connection with noncommercial broadcasting for the period commencing January 1, 2018, and ending on December 31, 2022.
Group Registration of Photographs
Document Number: 2018-00687
Type: Rule
Date: 2018-01-18
Agency: Library of Congress, Agencies and Commissions
The U.S. Copyright Office is modernizing its practices to increase the efficiency of the group registration option for photographs. This final rule modifies the procedure for registering groups of published photographs (GRPPH), and establishes a similar procedure for registering groups of unpublished photographs (GRUPH). Applicants will be required to use a new online application specifically designed for each option, instead of using a paper application, and will be allowed to include up to 750 photographs in each claim. The ``unpublished collection'' option (which allows an unlimited number of photographs to be registered with one application), and the ``pilot program'' (which allows an unlimited number of published photographs to be registered with the application designed for one work) will be eliminated. The corresponding ``pilot program'' for photographic databases will remain in effect for the time being. The final rule modernizes the deposit requirements by requiring applicants to submit their photographs in a digital format when using GRPPH, GRUPH, or the pilot program for photographic databases, along with a separate document containing a list of the titles and file names for each photograph. The final rule revises the eligibility requirements for GRPPH and GRUPH by providing that all the photographs must be created by the same ``author'' (a term that includes an employer or other person for whom a work is made for hire), and clarifying that they do not need to be created by the same photographer or published within the same country. It also confirms that a group registration issued under GRPHH or GRUPH covers each photograph in the group, each photograph is registered as a separate work, and the group as a whole is not considered a compilation or a collective work.
Simplifying Deposit Requirements for Certain Literary Works and Musical Compositions
Document Number: 2018-00701
Type: Rule
Date: 2018-01-17
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The United States Copyright Office is issuing a final rule, amending regulations that govern the deposit requirements for certain types of literary works and musical compositions. The final rule is adopted as proposed in the notice of proposed rulemaking, though the Office provides some clarification regarding the rule's application.
Secure Tests: Extension of Comment Period
Document Number: 2018-00549
Type: Rule
Date: 2018-01-16
Agency: Library of Congress, Agencies and Commissions
The U.S. Copyright Office is further extending the deadline for the submission of written comments in response to its June 12, 2017 and November 13, 2017 interim rules, regarding changes to the special procedure for examining secure tests, and the creation of a new group registration option for secure tests, respectively.
Statutory Cable, Satellite, and DART License Reporting Practices
Document Number: 2017-27933
Type: Proposed Rule
Date: 2017-12-27
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The United States Copyright Office is extending the deadlines for the submission of written comments in response to its December 1, 2017 notice of proposed rulemaking concerning the royalty reporting practices of cable operators under section 111 and proposed revisions to the Statement of Account forms, and on proposed amendments to the Statement of Account filing requirements.
Scope of Preexisting Subscription Services
Document Number: 2017-27088
Type: Notice
Date: 2017-12-15
Agency: Library of Congress, Agencies and Commissions
The Copyright Royalty Judges referred novel material questions of substantive law to the Register of Copyrights for resolution in connection with the SDARS III proceeding. The Register responded with a written opinion that is reproduced below.
Statutory Cable, Satellite, and DART License Reporting Practices
Document Number: 2017-26631
Type: Proposed Rule
Date: 2017-12-11
Agency: Library of Congress, Agencies and Commissions
On December 1, 2017, the United States Copyright Office published a notice of proposed rulemaking and request for comments concerning the royalty reporting practices of cable operators under section 111 and proposed revisions to the Statement of Account forms, and on proposed amendments to the Statement of Account filing requirements. The Copyright Office has determined that reply comments would also be appropriate for this rulemaking. In addition, the Office has determined that informal ex-parte communications with interested parties might be beneficial, such as to discuss nuances of proposed regulatory language.
Secure Tests: Extension of Comment Period
Document Number: 2017-25859
Type: Rule
Date: 2017-12-01
Agency: Library of Congress, Agencies and Commissions
The U.S. Copyright Office is extending the deadline for the submission of written comments in response to its June 12, 2017 and November 13, 2017 interim rules, regarding changes to the special procedure for examining secure tests, and the creation of a new group registration option for secure tests, respectively.
Statutory Cable, Satellite, and DART License Reporting Practices
Document Number: 2017-25487
Type: Proposed Rule
Date: 2017-12-01
Agency: Library of Congress, Agencies and Commissions
The U.S. Copyright Office (``Office'') is seeking comment on proposed rules governing the royalty reporting practices of cable operators under section 111 and proposed revisions to the Statement of Account forms, and on proposed amendments to the Statement of Account filing requirements. With this Notice of Proposed Rulemaking, the Office intends to resolve issues raised in an earlier Notice of Inquiry directed towards cable reporting practices,\1\ as well as address additional issues that have subsequently arisen. Further, to the extent this rulemaking proposes changes to the Office's section 111 regulations governing the processing of refunds, supplemental or amended payments, or calculation of interest, as well as case management procedures, the Office proposes similar changes with regard to the regulations governing the statutory licenses for satellite carriers and digital audio recording devices or media.
Determination of Rates and Terms for Preexisting Subscription Services and Satellite Digital Audio Radio Services
Document Number: 2017-25816
Type: Rule
Date: 2017-11-30
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges publish their ruling on regulatory interpretation that was referred to them by the United States District Court for the District Of Columbia. The regulation at issue is about gross revenue exclusions that a satellite digital audio radio service may use when calculating royalty payments owed to SoundExchange, a collective for copyright owners, for digital transmissions of sound recordings pursuant to a statutory license. The Judges find that Sirius XM properly interpreted the regulation to apply to pre-'72 sound recordings and that it improperly excluded certain revenues from its Gross Revenues royalty base.