Library of Congress 2019 – Federal Register Recent Federal Regulation Documents

Group Registration of Works on an Album of Music
Document Number: 2019-10166
Type: Proposed Rule
Date: 2019-05-20
Agency: Library of Congress, Agencies and Commissions
The U.S. Copyright Office is proposing to create a new group registration option for musical works, sound recordings, and certain other works contained on an album. The proposed rule will expand the registration options currently available to register multiple musical works or sound recordings under one application. In particular, this proposed group registration option will permit the registration of multiple musical works and/or sound recordings distributed together, regardless of whether such distribution occurs via physical or digital media.
Public Draft of the Compendium of U.S. Copyright Office Practices
Document Number: 2019-09895
Type: Notice
Date: 2019-05-14
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 March 15, 2019, notice announcing the release of a public draft of an update to its administrative manual, the Compendium of U.S. Copyright Office Practices, Third Edition.
Noncommercial Use of Pre-1972 Sound Recordings That Are Not Being Commercially Exploited; Correction
Document Number: 2019-09555
Type: Rule
Date: 2019-05-09
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The U.S. Copyright Office is correcting a final rule that appeared in the Federal Register on April 9, 2019. The document incorrectly numbered paragraphs governing the filing fees of certain documents that can be filed with the Copyright Office.
Architectural Works
Document Number: 2019-08136
Type: Rule
Date: 2019-04-23
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The U.S. Copyright Office is amending its regulations pertaining to the registration of architectural works. To improve the efficiency of the registration process, and encourage broader participation in the registration system, the final rule will require applicants to submit their claims using an online application, rather than a paper application. Applicants will be required to provide a date of construction, but only if the work was embodied in unpublished plans or drawings on or before December 1, 1990 and if the work was constructed before January 1, 2003. And, applicants will be encouragedbut not requiredto upload a digital copy of their architectural works through the electronic registration system, instead of submitting a physical copy.
Distribution of 2004, 2005, 2006, 2007, 2008, and 2009 Cable Royalty Funds; Distribution of 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, and 2009 Satellite Royalty Funds
Document Number: 2019-07695
Type: Notice
Date: 2019-04-17
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges announce their final determination of the distribution percentages of cable and satellite royalties in the program suppliers funds and the devotional funds for numerous years.
Distribution of Cable Royalty Funds
Document Number: 2019-07033
Type: Notice
Date: 2019-04-10
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 2017 cable royalty funds.
Noncommercial Use of Pre-1972 Sound Recordings That Are Not Being Commercially Exploited
Document Number: 2019-06883
Type: Rule
Date: 2019-04-09
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The U.S. Copyright Office is issuing a final rule regarding the Classics Protection and Access Act, title II of the 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 established an exception for certain noncommercial uses of Pre-1972 Sound Recordings that are not being commercially exploited. To qualify for this exception, 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. After soliciting three rounds of public comments through a notice of inquiry and a notice of proposed rulemaking, the Office is issuing final regulations identifying the specific steps that a user should take to demonstrate she has made a good faith, reasonable search. The rule also details the filing requirements for the user to submit a notice of noncommercial use and for a rights owner to submit a notice opting out of such use.
Distribution of 2000-2003 Cable Royalty Funds
Document Number: 2019-06222
Type: Notice
Date: 2019-04-01
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges solicit comments on a motion of Independent Producers Group for partial distribution of 2000-2003 cable royalty funds.
Filing of Schedules by Rights Owners and Contact Information by Transmitting Entities Relating to Pre-1972 Sound Recordings
Document Number: 2019-05549
Type: Rule
Date: 2019-03-22
Agency: Library of Congress, Agencies and Commissions, Copyright Office
Pursuant to the Classics Protection and Access Act, title II of the Orrin G. Hatch-Bob Goodlatte Music Modernization Act (``MMA''), the U.S. Copyright Office is adopting as final a rule regarding 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. This rule largely finalizes the interim rule published on October 16, 2018, with some adjustments adopted in response to public comment.
Notices of Intention and Statements of Account Under Compulsory License To Make and Distribute Phonorecords of Musical Works
Document Number: 2019-05548
Type: Rule
Date: 2019-03-22
Agency: Library of Congress, Agencies and Commissions
The U.S. Copyright Office is issuing final regulations pursuant to the Musical Works Modernization Act, title I of the Orrin G. Hatch-Bob Goodlatte Music Modernization Act. This rule adopts previously issued interim regulations as final. The interim rule amended the Office's prior regulations pertaining to the compulsory license to make and distribute phonorecords of musical works so as to conform the prior regulations to the new law, including with respect to the operation of notices of intention and statements of account. In addition to adopting the interim rule as final, this final rule makes further technical changes to update cross-references to regulations that were recently amended by the Copyright Royalty Judges.
Public Draft of the Compendium of U.S. Copyright Office Practices
Document Number: 2019-04798
Type: Notice
Date: 2019-03-15
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The U.S. Copyright Office is announcing the release of a public draft of an update to its administrative manual, the Compendium of U.S. Copyright Office Practices, Third Edition. The update has been released in draft form to give the public an opportunity to review and provide comments on the revisions.
Copyright Royalty Board Regulations Regarding Procedures for Determination and Allocation of Assessment To Fund Mechanical Licensing Collective and Other Amendments Required by the Hatch-Goodlatte Music Modernization Act
Document Number: 2019-04067
Type: Proposed Rule
Date: 2019-03-13
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges (Judges) propose regulations governing proceedings to determine the reasonableness of and allocate responsibility to fund the operating budget of the Mechanical Licensing Collective authorized by the Music Modernization Act (MMA). The Judges also propose amendments to extant rules as required by the MMA. The Judges solicit comments on the proposed rules.
Determination of Rates and Terms for Digital Performance of Sound Recordings by New Subscription Services and Making of Ephemeral Copies To Facilitate Those Performances (NSS IV)
Document Number: 2019-03153
Type: Notice
Date: 2019-02-25
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges (Judges) announce commencement of a proceeding to determine reasonable rates and terms for digital performance of sound recordings by new subscription services and the making of ephemeral recordings to facilitate those performances for the period beginning January 1, 2021, and ending December 31, 2025. 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 the accompanying $150 filing fee.
Distribution of Cable Royalty Funds
Document Number: 2019-02942
Type: Notice
Date: 2019-02-21
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges published a document in the Federal Register of February 12, 2019, concerning allocation of cable royalty funds. The document contained an incorrect reference to satellite royalty funds in the Summary and was missing citations in four footnotes.
Group Registration of Newspapers
Document Number: 2019-02186
Type: Rule
Date: 2019-02-13
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The U.S. Copyright Office is amending its regulation governing the group registration option for newspaper issues. This rule will eliminate the three-month deadline for submitting this type of claim. Based on requests received from several newspaper publishers, the Office has determined that there is a legitimate need to make this change effective immediately.
Group Registration of Unpublished Works
Document Number: 2019-02185
Type: Rule
Date: 2019-02-13
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The U.S. Copyright Office is modernizing its practices and procedures to increase the efficiency and quality of the registration process. As part of this effort, this final rule establishes a new group registration option for a limited number of unpublished works, replacing the prior accommodation for ``unpublished collections.'' The new group registration option will allow the Office to examine each work for copyrightable authorship, create a more robust record of the claim, and improve the overall efficiency of the registration process. In addition, the final rule makes certain technical amendments to the regulations governing the group registration option for photographs.
Freedom of Information Act Regulations
Document Number: 2019-02181
Type: Rule
Date: 2019-02-13
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The U.S. Copyright Office is issuing a final rule that amends its regulations governing its practices and procedures under the Freedom of Information Act (FOIA). The final rule closely follows the February 7, 2017 interim rule, implementing the FOIA Improvement Act of 2016. The final rule makes limited modifications to align with public comments and to promote further regulatory clarity and customer service.
Distribution of Cable Royalty Funds
Document Number: 2019-01544
Type: Notice
Date: 2019-02-12
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges announce the allocation of shares of cable and satellite royalty funds for the years 2010, 2011, 2012, and 2013 among six claimant groups.
Distribution of Satellite Royalty Funds
Document Number: 2019-01572
Type: Notice
Date: 2019-02-08
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges (Judges) announce commencement of a proceeding to determine distribution of 2014, 2015, 2016, and 2017 royalties deposited with the Copyright Office under the statutory license for secondary transmissions satellite television services. The Judges also set the date by which all parties wishing to participate and share in the distribution of satellite retransmission royalties for the years 2014 through 2017 must file a Petition to Participate and the accompanying $150 filing fee, if applicable. The Judges seek a single Petition to Participate from any entity intending to participate in the Allocation Phase or the Distribution Phase of this proceeding, or both Phases. ANY PARTY THAT FILED A PETITION TO PARTICIPATE IN ANY OF THE PROCEEDINGS CONSOLIDATED IN THIS PROCEEDING MUST NONETHELESS FILE A PETITION TO PARTICIPATE IN THIS CONSOLIDATED PROCEEDING. ANY PARTY THAT FAILS TO FILE A PETITION TO PARTICIPATE IN THIS CONSOLIDATED PROCEEDING BY THE TIME SET IN THIS NOTICE SHALL NOT BE A PARTICIPANT AT ANY STAGE OF THIS CONSOLIDATED PROCEEDING.
Distribution of Cable Royalty Funds
Document Number: 2019-01571
Type: Notice
Date: 2019-02-08
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges (Judges) announce commencement of a proceeding to determine distribution of 2014, 2015, 2016, and 2017 royalties deposited with the Copyright Office under the statutory license for secondary transmissions by cable systems. The Judges also set the date by which all parties wishing to participate and share in the distribution of cable retransmission royalties for the years 2014 through 2017 must file a Petition to Participate and the accompanying $150 filing fee, if applicable. The Judges seek a single Petition to Participate from any entity intending to participate in the Allocation Phase or the Distribution Phase of this proceeding, or both Phases. ANY PARTY THAT FILED A PETITION TO PARTICIPATE IN ANY OF THE PROCEEDINGS CONSOLIDATED IN THIS PROCEEDING MUST NONETHELESS FILE A PETITION TO PARTICIPATE IN THIS CONSOLIDATED PROCEEDING. ANY PARTY THAT FAILS TO FILE A PETITION TO PARTICIPATE IN THIS CONSOLIDATED PROCEEDING BY THE TIME SET IN THIS NOTICE SHALL NOT BE A PARTICIPANT AT ANY STAGE OF THIS CONSOLIDATED PROCEEDING.
Noncommercial Use of Pre-1972 Sound Recordings That Are Not Being Commercially Exploited
Document Number: 2019-00873
Type: Proposed Rule
Date: 2019-02-05
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The U.S. Copyright Office (``Copyright Office'' or ``Office'') is issuing a notice of proposed rulemaking 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. After soliciting public comments through a notice of inquiry, the Office is proposing regulations identifying the specific steps that a user should take to demonstrate she has made a good faith, reasonable search. The proposed rule also details 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.
Determination of Royalty Rates and Terms for Making and Distributing Phonorecords (Phonorecords III)
Document Number: 2019-00249
Type: Rule
Date: 2019-02-05
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges announce their final determination of the rates and terms for making and distributing phonorecords for the period beginning January 1, 2018, and ending on December 31, 2022.
Copyright Restoration of Works in Accordance with the Uruguay Round Agreements Act
Document Number: 2019-00874
Type: Notice
Date: 2019-02-04
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The U.S. Copyright Office is publishing a list of works for which it has received and processed a Notice of Intent to Enforce copyrights restored under the Uruguay Round Agreements Act. The Office is required by law to publish such lists to provide a public record of works in which copyrights have been restored and whose owners have notified the Office of their intent to enforce those copyrights. In addition, publication triggers the statutory 12-month grace period within which reliance parties may continue to exploit existing copies of the identified works.
Notice of Intent To Audit
Document Number: 2019-00654
Type: Notice
Date: 2019-02-01
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges announce receipt of a notice of intent to audit the 2015, 2016, and 2017 statements of account submitted by noncommercial webcaster Educational Media Foundation concerning royalty payments it made pursuant to a statutory license.
Notice of Intent To Audit
Document Number: 2019-00653
Type: Notice
Date: 2019-02-01
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges announce receipt of two notices of intent to audit the 2015, 2016, and 2017 statements of account submitted by commercial webcasters and broadcasters Entercom Communications Corp. and iHeartMedia concerning royalty payments each made pursuant to two statutory licenses.
Notice of Intent To Audit
Document Number: 2019-00652
Type: Notice
Date: 2019-02-01
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges announce receipt of a notice of intent to audit the 2015, 2016, and 2017 statements of account submitted by commercial webcaster and eligible small webcaster AccuRadio, LLC concerning royalty payments it made pursuant to two statutory licenses.
Section 512 Study: Announcement of Public Roundtable
Document Number: 2019-00573
Type: Notice
Date: 2019-02-01
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The U.S. Copyright Office is conducting a study to evaluate the impact and effectiveness of the Copyright Act's safe harbor provisions for online service providers. At this time, the Office is announcing that it will hold a one-day public roundtable to allow interested members of the public to address relevant domestic and international developments that have occurred since the close of the written comment period on February 6, 2017. The roundtable is not intended to allow participants to supplement the record with respect to events occurring before that date, and discussion will be limited to the specific topics set forth in this notice.
Notice of Intent To Audit
Document Number: 2019-00226
Type: Notice
Date: 2019-01-28
Agency: Library of Congress, Agencies and Commissions
The U.S. Copyright Office is announcing receipt of five notices of intent to audit certain statements of account filed by cable operators and a satellite carrier pursuant to the section 111 and 119 statutory licenses.
Determination of Rates and Terms for Digital Performance of Sound Recordings and Making of Ephemeral Copies To Facilitate Those Performances (Web V)
Document Number: 2019-00102
Type: Notice
Date: 2019-01-24
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges (Judges) announce commencement of a proceeding to determine reasonable rates and terms for two statutory licenses permitting the digital performance of sound recordings over the internet and the making of ephemeral recordings to facilitate those performances for the period beginning January 1, 2021, and ending December 31, 2025. 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 the accompanying $150 filing fee.