Library of Congress 2023 – Federal Register Recent Federal Regulation Documents

On November 30, 2023, the Copyright Royalty Judges amended regulations governing 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. That document contained an incorrect reference to a rate. This document corrects that reference.

The U.S. Copyright Office is announcing receipt of a notice of intent to conduct an audit pursuant to the section 115 blanket license.

This document corrects a final rule published in the Federal Register of November 29, 2023, regarding the cost of living adjustment (COLA) to the royalty rates that satellite carriers pay for a compulsory license under the Copyright Act.

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 United States Copyright Office is extending the deadline to submit reply comments in connection with a study of the copyright law and policy issues raised by artificial intelligence systems.

The Copyright Royalty Judges solicit comments on a motion of Multigroup Claimants for partial distribution of 2021 and 2022 cable royalty funds.

The United States Copyright Office is conducting the ninth triennial rulemaking proceeding under the Digital Millennium Copyright Act (``DMCA''), concerning 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 considering petitions for the renewal of exemptions that were granted during the eighth triennial rulemaking along with petitions for new exemptions to engage in activities not permitted by existing exemptions. On June 8, 2023, the Office published a Notification of Inquiry requesting petitions to renew existing exemptions and comments in response to those petitions, as well as petitions for new exemptions. Having carefully considered the renewal petitions and comments received, in this Notice of Proposed Rulemaking (``NPRM''), the Office announces its intention to recommend all but one of the existing exemptions for renewal. This NPRM also initiates three rounds of public comment on the newly proposed exemptions. Interested parties are invited to make full legal and evidentiary submissions in support of or in opposition to the newly proposed exemptions, in accordance with the requirements set forth below.

The U.S. Copyright Office is extending the deadline to submit comments in connection with a supplemental 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 and other matters relevant to identifying the proper payee to whom the mechanical licensing collective must distribute royalties.

The Copyright Royalty Judges solicit comments on proposed rates and terms for the making 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 for the period from January 1, 2024, through December 31, 2028.

The United States Copyright Office is extending the deadline to submit comments in connection with a study of the copyright law and policy issues raised by artificial intelligence (``AI'') systems.

The U.S. Copyright Office is issuing a notice of proposed rulemaking to update its regulation governing electronic deposits of published works submitted to the Office that have been selected for addition to the collections of the Library of Congress. The current regulation permits the Library to collect and provide limited on-site access to groups of newspapers electronically submitted for registration, as well as electronic serials and books submitted for mandatory deposit. The proposed rule expands the categories of electronic deposits covered by the regulation with the same limitations on access as are currently in place. The proposed changes are part of ongoing steps by the Library and the Office to encourage the submission of works in electronic form and reduce the need for copyright owners to deposit physical copies.

The U.S. Copyright Office is issuing a final rule establishing procedures governing ex parte communications with the Office. This final rule adopts regulatory language set forth in the Office's February 2023 notice of proposed rulemaking with some modifications in response to public comments. The rule defines ex parte communications, provides instructions on how to request an ex parte meeting, sets forth the parties' responsibilities after an ex parte meeting, and explains how non-compliant communications will be treated.

Pursuant to the Copyright Alternative in Small-Claims Enforcement Act, the U.S. Copyright Office is adopting as final a December 19, 2022 interim rule allowing the Copyright Claims Board to modify or suspend certain rules when a claim is referred by a district court and, in cases that are first filed before the Copyright Claims Board, accept alternative proof of service forms. The interim rule also clarified the rules governing default proceedings and law student representation, and made certain technical corrections.

The United States Copyright Office is extending the deadline for written petitions for new exemptions in connection with the ninth triennial rulemaking proceeding under the Digital Millennium Copyright Act from the original deadline identified in the Office's June 8, 2023 notice.

The Copyright Royalty Judges publish final regulations that set rates and terms for use of certain works in connection with noncommercial broadcasting for the period from January 1, 2023, through December 31, 2027.

The U.S. Copyright Office is issuing an interim rule amending its regulations governing the registration of copyright claims in secure tests to continue the current rule that was adopted to address the national emergency caused by the COVID-19 pandemic. The Office has decided to continue allowing otherwise-eligible tests that were administered online during the national emergency to qualify as secure tests, provided the test administrator employs sufficient security measures. The Office is also continuing its procedure allowing examination of secure test claims via secure teleconference. Finally, the Office is requesting public comment whether the interim rule should be made permanent and whether it should restrict examinations of secure test claims to virtual examinations.

The Copyright Royalty Judges announce receipt from SoundExchange, Inc., of notice of intent to audit the 2020, 2021, and 2022 statements of account submitted by commercial webcaster licensee Salem Media Group concerning royalty payments it made pursuant to two statutory licenses.

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

The U.S. Copyright Office is issuing a notification of inquiry soliciting public comments regarding when fees for late royalty payments should be assessed in connection with reporting by digital music providers under the Music Modernization Act's blanket license.

The Copyright Royalty Judges announce receipt from SoundExchange, Inc., of notice of intent to audit the 2020, 2021, and 2022 statements of account submitted by commercial webcaster licensee Sonos Radio concerning royalty payments it made pursuant to two statutory licenses.

The Copyright Royalty Judges solicit comments on proposed rates and terms for use of certain works in connection with noncommercial broadcasting for the period from January 1, 2023, through December 31, 2027.

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 Stingray Group Inc.'s various services, including its Commercial Webcaster Service, New Subscription Service, and Business Establishment Service, concerning royalty payments they made pursuant to two statutory licenses.