Electronic Filing in the Copyright Office of Notices of Intention To Obtain a Section 115 Compulsory License
The Copyright Office is proposing to amend its regulations for filing Notices of Intention to obtain a Section 115 compulsory license with the Copyright Office to provide an option for electronically filing the notice. By law, such notices may be filed in the Office only when the public records of the Copyright Office do not identify the copyright owner of the musical work and include an address at which notice can be served. In addition, the Copyright Office is proposing to clarify in its regulations that it does not examine Notices of Intention filed with the Office for legal sufficiency and to include a Privacy Act Advisory Statement.
Registration of Copyright: Definition of Claimant
The Copyright Office proposes to amend its regulations governing the definition of a ``claimant'' for purposes of copyright registration by eliminating the footnote to the definition of a ``claimant'' in Sec. 202.3(a)(3)(ii). The footnote currently extends the definition of a claimant to include individuals or entities that have obtained the contractual right to claim legal title to copyright in an application for copyright registration. This amendment would clarify that the copyright claimant must be either the author of the work, or a person or organization that has obtained ownership of all of the exclusive rights initially belonging to the author. The Copyright Office believes that the footnote creates considerable legal uncertainty while offering no clear benefits to the registration system. Removing it will foster the use of other available registration options that create a more meaningful public record.
Adjustment of Determination of Compulsory License Rates for Mechanical and Digital Phonorecords
The Copyright Royalty Judges are publishing for comment proposed regulations that set the rates and terms for the section 115 statutory license for the use of musical works in physical phonorecord deliveries, permanent digital downloads, ringtones, interactive streaming, limited downloads, limited offerings, mixed service bundles, music bundles, paid locker services and purchased content locker services.