Library of Congress 2024 – Federal Register Recent Federal Regulation Documents
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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 V)
The Copyright Royalty Judges are publishing for comment proposed regulations governing the rates and terms for the digital performances of sound recordings by new subscription services and for the making of ephemeral recordings necessary to facilitate those transmissions for the period commencing January 1, 2026, and ending on December 31, 2030.
Statutory Cable, Satellite, and DART License Reporting Practices
The U.S. Copyright Office ("Office") is issuing a final rule governing royalty reporting practices of cable operators, and the Statement of Account form and filing requirements. This final rule makes regulatory changes regarding procedures for cable system operators. In some areas, similar changes are being made to the regulations governing statutory licenses for satellite carriers and digital audio recording devices or media.
Electronic Payment of Royalties Using Pay.gov
The Copyright Office is proposing to amend its regulations regarding the submission of royalty fees to the Copyright Office to require that all such fees be paid using Pay.gov.
Cost of Living Adjustment to Royalty Rates for Webcaster Statutory License
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
The Copyright Royalty Judges announce a cost of living adjustment (COLA) of 2.6% 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 2023 to October 2024.
Cost of Living Adjustment to Public Broadcasters Compulsory License Royalty Rate
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 2025 of published nondramatic musical compositions in the SESAC Performing Rights, LLC (SESAC) and Global Music Rights, LLC (GMR) repertories pursuant to the statutory license under the Copyright Act for noncommercial broadcasting.
Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies
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. As required under the statute, the Register of Copyrights, following a public proceeding, submitted a recommendation to the Librarian of Congress ("Register's Recommendation") regarding proposed exemptions. After careful consideration, the Librarian adopts final regulations based on the Register's Recommendation.
Notice of Intent To Audit
The U.S. Copyright Office is announcing receipt of a notice of intent to conduct an audit pursuant to the section 115 blanket license.
Determination of Rates and Terms for Digital Performance of Sound Recordings and Making of Ephemeral Copies To Facilitate Those Performances (Web VI)
The Copyright Royalty Judges are publishing for comment proposed regulations governing the rates and terms for the digital performance of sound recordings by noncommercial educational webcasters and for the making of ephemeral recordings necessary for the facilitation of such transmissions for the period commencing January 1, 2026, and ending on December 31, 2030.
Copyright Claims Board: Final Determination Certification
The U.S. Copyright Office is issuing a final rule adjusting the process and fee to obtain a certified final determination from the Copyright Claims Board.
Termination Rights, Royalty Distributions, Ownership Transfers, Disputes, and the Music Modernization Act
The U.S. Copyright Office is issuing a final rule adjusting certain due dates set in an earlier rule regarding how the Copyright Act's derivative works exception to termination rights applies to the statutory mechanical blanket license established by the Music Modernization Act.
Notice of Intent To Audit
The Copyright Royalty Judges announce receipt from SoundExchange, Inc., of notice of intent to audit the 2021, 2022, and 2023 statements of account submitted by commercial webcaster licensee Salem Media Group concerning royalty payments it made pursuant to two statutory licenses.
Distribution of 2018, 2019, 2020, 2021 Cable Royalty Funds; Distribution of 2018, 2019, 2020, 2021 Satellite Royalty Funds
The Copyright Royalty Judges (Judges) announce the commencement of proceedings to determine distribution of 2018, 2019, 2020, and 2021 royalties deposited with the Copyright Office under the cable service statutory license and the satellite carrier license. The Judges also set the date by which all parties wishing to participate and share in the distribution of cable or satellite retransmission royalties for 2018 through 2021, inclusive, must file Petitions to Participate and pay the accompanying $150 filing fee. The Judges seek a single Petition to Participate in either or both the allocation phase and distribution phase of the cable royalty proceeding and a separate Petition to Participate in either or both the allocation phase and the distribution phase of the satellite royalty proceeding. Any party that fails to file a petition to participate by the time set forth in this notice shall not be a participant at any stage of either proceeding.
Termination Rights, Royalty Distributions, Ownership Transfers, Disputes, and the Music Modernization Act
The U.S. Copyright Office is issuing a final rule regarding how the Copyright Act's derivative works exception to termination rights applies to the statutory mechanical blanket license established by the Music Modernization Act. The final rule also addresses other matters relevant to identifying the proper payee to whom the mechanical licensing collective must distribute royalties. Among other things, the Office is adopting regulations addressing the mechanical licensing collective's distribution of matched historical royalties and administration of ownership transfers, other royalty payee changes, and related disputes.
Distribution of Cable Royalty Funds
The Copyright Royalty Judges announce the allocation of shares of cable royalty funds for the years 2014, 2015, 2016, and 2017 among six claimant groups.
Notice of Intent To Audit
The U.S. Copyright Office is announcing receipt of a notice of intent to conduct an audit pursuant to the section 115 blanket license.
Announcement Reauthorizing Copyright Public Modernization Committee
The Library of Congress is reauthorizing a public committee to provide a forum for the technology-related aspects of the U.S. Copyright Office's modernization initiative. Given the success of the previous Copyright Public Modernization Committee (CPMC) and the value and insights provided by CPMC members, the Library wants to renew the committee for an additional term. Therefore, the Library will accept applications from qualified members of the public to serve on this committee. Membership will be on a volunteer basis, with the expectation of participation in at least two virtual or hybrid open forums a year at the member's own expense.
Distribution of Cable Royalty Funds
The Copyright Royalty Judges solicit comments on a motion of Allocation Phase Parties for partial distribution of 2021 cable royalty funds.
Distribution of Satellite Royalty Funds
The Copyright Royalty Judges solicit comments on a motion of Allocation Phase claimants for partial distribution of 2021 satellite royalty funds.
Determination of Royalty Rates and Terms for Making and Distributing Phonorecords (Phonorecords IV); Corrections
On December 30, 2022, the Copyright Royalty Judges revised regulations. This document corrects the final regulations to add capitalization to certain defined terms and to correct a term regarding late fees.
Group Registration of Two-Dimensional Artwork
The U.S. Copyright Office is proposing to create a new group registration option for two-dimensional artwork. This option will allow applicants to register up to ten works published within a thirty-day time period by submitting a single online application with a digital deposit copy of each work. The Office will examine each work to determine if it contains a sufficient amount of creative pictorial or graphic authorship. If the Office registers the claim, the registration will cover each artwork as a separate work of authorship. The Office invites comment on this proposal.
Exemptions To Permit Circumvention of Access Controls on Copyrighted Works: Notice of Public Hearings
The United States Copyright Office will hold public hearings as part of the ninth triennial rulemaking proceeding under the Digital Millennium Copyright Act (``DMCA'') concerning proposed exemptions to the DMCA's prohibition against circumvention of technological measures that control access to copyrighted works. Parties interested in testifying at the hearings are invited to submit requests to testify pursuant to the instructions set forth below.
Notice of Intent To Audit
The U.S. Copyright Office is announcing receipt of notices of intent to conduct audits pursuant to the section 115 blanket license.
Periodic Review of the Designations of the Mechanical Licensing Collective and Digital Licensee Coordinator
The U.S. Copyright Office is issuing a notification of inquiry, as required by the Music Modernization Act, regarding whether the existing designations of the mechanical licensing collective and digital licensee coordinator should be continued.
Copyright Claims Board: Active Proceedings and Evidence-Smaller Claims Procedures
Pursuant to the Copyright Alternative in Small-Claims Enforcement Act, the U.S. Copyright Office is adopting a final rule amending the procedures for ``smaller claims'' proceedings before the Copyright Claims Board.
Notice of Intent To Audit
The Copyright Royalty Judges announce receipt from SoundExchange, Inc., of a notice of intent to audit the 2020, 2021, and 2022 statements of account submitted by commercial webcaster and business establishment service RFC Media concerning royalty payments it made pursuant to two statutory licenses.
Notice of Intent To Audit
The Copyright Royalty Judges announce receipt from SoundExchange, Inc., of notices of intent to audit the 2020, 2021, and 2022 statements of account submitted by commercial webcasters Cumulus Media, Spanish Broadcasting, Stephens Media Group, Summit Media, Urban One concerning royalty payments they made pursuant to two statutory licenses.
Notice of Intent To Audit
The Copyright Royalty Judges announce receipt from SoundExchange, Inc., of a notice of intent to audit the 2020, 2021, and 2022 statements of account submitted by noncommercial webcaster BBNRadio.org concerning royalty payments it made pursuant to two statutory licenses.
Determination of Rates and Terms for Digital Performance of Sound Recordings and Making of Ephemeral Copies To Facilitate Those Performances (Web VI)
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, 2026, and ending December 31, 2030. 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.
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 V)
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, 2026, and ending December 31, 2030. 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.
Group Registration of Updates to a News Website
The U.S. Copyright Office is proposing to create a new group registration option for frequently updated news websites. The rapid pace at which many web-based materials are created and updated presents a challenge for copyright registrants. This challenge is especially pronounced for frequently updated news websites. This option will enable online news publishers to register a group of updates to a news website as a collective work with a deposit composed of identifying material representing sufficient portions of the works, rather than the complete contents of the website. The Office invites comment on this proposal and the questions below.
Determination of Royalty Rates and Terms for Making Ephemeral Copies of Sound Recordings for Transmission to Business Establishments (Business Establishments IV)
The Copyright Royalty Judges publish final regulations setting rates and terms for the making of ephemeral copies of sound recordings to facilitate digital audio transmissions of those sound recordings to business establishments for the period from January 1, 2024, through December 31, 2028.
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