Library of Congress – Federal Register Recent Federal Regulation Documents

The Copyright Royalty Judges are publishing final regulations setting the rates and terms for the making of an ephemeral recording of a sound recording by a business establishment service for the period January 1, 2014, through December 31, 2018.

The Copyright Royalty Judges (Judges) are soliciting comments on a motion for partial distribution in connection with 2009, 2010, and 2011 DART Musical Works Fund royalties.

The Copyright Royalty Judges (Judges) announce the commencement of a proceeding to determine the Phase II distribution of royalties deposited with the Register of Copyrights for the statutory license allowing distant retransmission of over-the-air television and radio broadcast signals by cable system operators. The funds to be distributed are those relating to broadcast years 2004, 2005, 2006, 2007, 2006, and 2009. The Judges also announce the date by which any party wishing to participate in this distribution proceeding must file its Petition to Participate and the accompanying $150 filing fee, if applicable.

The Copyright Royalty Judges are publishing for comment proposed regulations that set the rates and terms for the making of an ephemeral recording of a sound recording by a business establishment service for the period January 1, 2014, through December 31, 2018.

The U.S. Copyright Office published a notice of proposed rulemaking in the Federal Register of June 26, 2013 (78 FR 38240). The document contained incorrect dates.

The U.S. Copyright Office (``Copyright Office'' or ``Office'') is reengineering certain processes in its Licensing Division to enable cable systems operating under the statutory license governing the secondary transmission of over-the-air television broadcast signals to file Statements of Account electronically. As part of that process, the Office plans to adopt an identity authentication process that will allow for the use of electronic signatures. The Office proposes revisions to specific rules to account for the changes associated with the implementation of an electronic Statement of Account filing system and seeks public comment on the proposed process and regulatory changes to accommodate the use of electronic signatures.

The Copyright Royalty Judges are announcing receipt of two notices of intent to audit the 2010, 2011, and 2012 statements of account submitted by Saga Communications, Inc. and Cumulus Media, Inc., concerning the royalty payments made by each pursuant to two statutory licenses.

On June 14, 2012, the United States Copyright Office published a notice of proposed rulemaking and request for comments concerning a new regulation that will allow copyright owners to audit the Statements of Account and royalty fees that cable operators and satellite carriers deposit with the Copyright Office for secondary transmissions of broadcast programming made pursuant to statutory licenses. The Copyright Office has revised the proposed regulation based on comments that it received from copyright owners, cable operators, and satellite carriers. The Copyright Office seeks comments on the revised proposal before it is adopted as a final rule.

The Copyright Royalty Judges are announcing their final determination of the rates and terms for the digital transmission of sound recordings and the reproduction of ephemeral recordings by preexisting subscription services and preexisting satellite digital audio radio services for the period beginning January 1, 2013, and ending on December 31, 2017.

The United States Copyright Office (hereinafter Copyright Office or Office) is in the process of identifying and evaluating potential improvements and technical enhancements to the information technology platforms that support its registration and recordation functions, including its online registration system. These efforts are part of the Office's ongoing special projects, commenced October 25, 2011 (available at the Office's Web site at www.copyright.gov/docs/ priorities.pdf). The information garnered through this process has and will continue to inform the development of the Copyright Office's long- term strategic plan, scheduled to commence in October 2013. At this time, the Office seeks comments regarding existing capabilities and future possibilities. Broadly, the Office seeks comments on (1) how stakeholders use the current online offerings of the Copyright Office, especially with respect to registration and recorded documents, and how the current offerings meet, fail to meet, or exceed user expectations; and (2) how stakeholders would like to interact with the Copyright Office electronically in the future, or, put differently, what online services, or aspects of existing online services stakeholders would like to see. The Office appreciates the comments and suggestions of those who use the national registration and recordation systems to protect their intellectual property, as well as those who regularly use Copyright Office resources to identify copyright owners, investigate the copyright status of works and the public domain, and perform other research, including statistical analysis on aggregated data sets.

The United States Copyright Office is extending the deadline for filing reply comments regarding its notice of proposed rulemaking concerning the establishment of a fee schedule for filing cable and satellite statements of account for use of the statutory licenses that provide for the secondary transmission of broadcast programming by cable and satellite companies.

The Copyright Royalty Judges are soliciting comments on a motion of Phase I claimants for partial distribution in connection with the 2011 cable royalty funds. The Judges are also requesting comments as to the existence of Phase I and Phase II controversies with respect to the distribution of 2011 cable royalty funds.

The Copyright Royalty Judges are announcing receipt of a notice of intent to audit the 2009, 2010, and 2011 statements of account submitted by Last.fm, Ltd., concerning the royalty payments made pursuant to two statutory licenses.

The Copyright Office has further revised its proposed fee schedule for filing cable and satellite statements of account following feedback from interested parties in response to a Notice of Proposed Rulemaking published on March 28, 2012. The modified fee schedule set forth below reflects an updated calculation of the cost of providing services.

The Copyright Office is amending 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 notices. 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 amending its regulations to clarify the rules for filing physical Notices of Intention, to clarify that it does not examine Notices of Intention filed with the Office for legal sufficiency, and to include a Privacy Act Advisory Statement.

The Copyright Royalty Judges announce a cost of living adjustment (``COLA'') of 2.2% in the royalty rates paid by satellite carriers under the satellite carrier compulsory license of the Copyright Act. The COLA is based on the change in the Consumer Price Index from October 2011 to October 2012.

The Copyright Office is adopting interim regulations that allow groups of related serial issues to be filed through the Office's electronic registration system. This interim rule will also allow applicants for groups of related serials, in certain circumstances, to mail physical deposit copies of the serial issues upon submitting an electronic application and payment, when electronic deposit copies do not exist. Regardless of the registration option chosen, applicants must still send two complimentary subscription copies of the serial promptly to the Library of Congress as a condition of eligibility unless directed otherwise by the Office. While filing electronically is not mandatory, the Copyright Office strongly urges applicants to use the electronic filing option since it is more efficient for both the user and the agency.

The U.S. Copyright Office is reviewing the problem of orphan works under U.S. copyright law in continuation of its previous work on the subject and in order to advise Congress as to possible next steps for the United States. The Office has long shared the concern with many in the copyright community that the uncertainty surrounding the ownership status of orphan works does not serve the objectives of the copyright system. For good faith users, orphan works are a frustration, a liability risk, and a major cause of gridlock in the digital marketplace. The issue is not contained to the United States. Indeed, in recent months, the European Commission has adopted measures that would begin to resolve the issue in certain contexts and a number of foreign governments are reviewing or proposing solutions. The Copyright Office seeks comments regarding the current state of play for orphan works. It is interested in what has changed in the legal and business environments during the past few years that might be relevant to a resolution of the problem and what additional legislative, regulatory, or voluntary solutions deserve deliberation. This is a general inquiry and the Office will likely publish additional notices on this topic.

The Copyright Office is again extending the deadline for filing reply comments in response to its Notice of Proposed Rulemaking concerning the verification of Statements of Account and royalty payments that are deposited with the Office by cable operators and satellite carriers.

The Copyright Office is extending the period of public comment in response to its August 23, 2012 Notice of Inquiry requesting additional comments regarding issues relating to remedies for small copyright claims.

The Copyright Office is extending the deadline for filing comments and reply comments regarding its Notice of Proposed Rulemaking concerning regulations for reporting Monthly and Annual Statements of Account for the making and distribution of phonorecords under compulsory licenses obtained pursuant to 17 U.S.C. 115.

The Copyright Royalty Judges are announcing receipt of two notices of intent to audit the 2009, 2010, and 2011 statements of account submitted by DKCM, Inc. and Greater Media, Inc., concerning the royalty payments made by each pursuant to two statutory licenses.

The Copyright Royalty Judges solicit comments on a motion for partial distribution in connection with 2011 DART Sound Recordings Fund royalties.

The Copyright Royalty Judges are soliciting comments on a motion of Phase I claimants for partial distribution in connection with the 2010 satellite royalty funds. The Judges are also requesting comments as to the existence of Phase I and Phase II controversies with respect to the distribution of 2010 satellite royalty funds.

The Copyright Royalty Judges are announcing the commencement of a proceeding to determine the distribution of the digital audio recording technology royalty fees in the 2005, 2006, 2007 and 2008 Musical Works Funds. The Judges are also announcing the date by which a party who wishes to participate in this proceeding must file its Petition to Participate and the accompanying $150 filing fee, if applicable.