Library of Congress – Federal Register Recent Federal Regulation Documents
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Distribution of the 2000, 2001, 2002 and 2003 Cable Royalty Funds
The Copyright Royalty Judges announce the final Phase II distribution of cable royalty funds for the years 2000, 2001, 2002 and 2003 for the Program Suppliers programming category.
Section 512 Study: Announcement of Public Roundtables
The United States Copyright Office has undertaken a study to evaluate the impact and effectiveness of the DMCA safe harbor provisions contained in 17 U.S.C. 512. On December 31, 2015, the Office issued a Notice of Inquiry (``NOI'') soliciting written comments in response to a number of topics relating to section 512. See 80 FR 81862. The due date for initial written comments in response to the NOI is April 1, 2016. See 81 FR 11294. At this time, the Office is announcing it will hold two two-day public roundtables on DMCA safe harbor issues in New York, New York and Stanford, California in May 2016.
Section 512 Study: Extension of Comment Period
The United States Copyright Office is extending the deadline for the submission of written comments in response to its December 31, 2015 Notice of Inquiry regarding the operation of section 512 of Title 17.
Information Technology Upgrades for a Twenty-First Century Copyright Office
The U.S. Copyright Office has prepared a Provisional Information Technology Modernization Plan (``IT Plan'') at the direction of Congress that details necessary IT upgrades to transform the Office to better meet the needs of the current and future copyright system. As further directed by Congress, the Register is seeking public comments to help inform the Office on the funding strategy and implementation timeline for the IT Plan.
Distribution of 2014 Cable Royalty Funds
The Copyright Royalty Judges solicit comments on a motion of Phase I claimants for partial distribution of 2014 cable royalty funds.
Proceedings of the Copyright Royalty Board; Technical Amendment
The Copyright Royalty Judges are adopting a technical amendment to a Copyright Royalty Board rule regarding participation in distribution proceedings. The technical amendment updates the threshold requirement for payment of a filing fee to conform the rule to a statutory provision.
Section 1201 Study: Extension of Comment Period
The United States Copyright Office is extending the deadlines for the submission of written comments in response to its December 29, 2015 Notice of Inquiry regarding the operation of section 1201 of Title 17.
Notice of Intent To Audit; Correction
The Copyright Royalty Judges published a document in the Federal Register of January 22, 2016, announcing receipt of five notices of intent to audit several broadcasters. The document contained incorrect dates in the summary section.
Notice of Intent To Audit
The U.S. Copyright Office is announcing receipt of twelve notices of intent to audit certain 2012 and 2013 statements of account filed by cable operators and satellite carriers pursuant to the section 111 and 119 statutory licenses.
Notice of Intent To Audit
The Copyright Royalty Judges announce receipt of four notices of intent to audit the 2012, 2013, and 2014 statements of account submitted by commercial webcasters Batanga, DMX, Muzak Inc., and the 2013 and 2014 statements of account submitted by commercial webcaster Pandora Media Inc., concerning the royalty payments each made pursuant to two statutory licenses.
Notice of Intent To Audit
The Copyright Royalty Judges announce receipt of a notice of intent to audit the 2012, 2013, and 2014 statements of account of DMX concerning the royalty payments its New Subscription Service made pursuant to two statutory licenses.
Notice of Intent To Audit
The Copyright Royalty Judges announce receipt of a notice of intent to audit the 2012, 2013, and 2014 statements of account of Muzak LLC concerning the royalty payments its Preexisting Subscription Service made pursuant to two statutory licenses.
Notice of Intent To Audit
The Copyright Royalty Judges announce receipt of five notices of intent to audit the 2012, 2013, and 2014 statements of account submitted by broadcasters Beasley Broadcast Group Inc., Greater Media Inc., Saga Communications Inc., and Univision Communications Inc. and the 2013 and 2014 statements of account submitted by broadcaster Townsquare Media Broadcasting concerning royalty payments each made pursuant to two statutory licenses.
Notice of Intent To Audit
The Copyright Royalty Judges announce receipt of two notices of intent to audit the 2012, 2013, and 2014 statements of account submitted by DMX and Muzak LLC concerning the royalty payments their Business Establishment Services made pursuant to two statutory licenses.
Determination of Rates and Terms for Public Broadcasting (PB III) 1
The Copyright Royalty Judges announce commencement of a proceeding to determine reasonable rates and terms for the use of certain copyrighted works by public broadcasting entities \2\ for the period beginning January 1, 2018, and ending December 31, 2022. The Copyright Royalty 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.
Determination of Rates and Terms for Satellite Radio and “Preexisting” Subscription Services (SDARS III 1
The Copyright Royalty Judges announce commencement of a proceeding to determine reasonable rates and terms for the digital performance of sound recordings and the making of ephemeral recordings by satellite radio and ``preexisting'' subscription services \2\ for the period beginning January 1, 2018, and ending December 31, 2022. The Copyright Royalty 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.
Determination of Rates and Terms for Making and Distributing Phonorecords (Phonorecords III)
The Copyright Royalty Judges announce commencement of a proceeding to determine reasonable rates and terms for making and distributing phonorecords for the period beginning January 1, 2018, and ending December 31, 2022. The Copyright Royalty 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.
Section 512 Study: Notice and Request for Public Comment
The United States Copyright Office is undertaking a public study to evaluate the impact and effectiveness of the DMCA safe harbor provisions contained in 17 U.S.C. 512. Among other issues, the Office will consider the costs and burdens of the notice-and-takedown process on large- and small-scale copyright owners, online service providers, and the general public. The Office will also review how successfully section 512 addresses online infringement and protects against improper takedown notices. To aid in this effort, and to provide thorough assistance to Congress, the Office is seeking public input on a number of key questions.
Section 1201 Study: Notice and Request for Public Comment
The United States Copyright Office is undertaking a public study to assess the operation of section 1201 of Title 17, including the triennial rulemaking process established under the DMCA to adopt exemptions to the prohibition against circumvention of technological measures that control access to copyrighted works. To aid this effort, and to ensure thorough assistance to Congress, the Office is seeking public input on a number of key questions.
Distribution of Cable and Satellite Royalty Funds
The Copyright Royalty Judges are soliciting comments on a motion by Independent Producers Group for a partial distribution of royalty funds.
Software-Enabled Consumer Products Study: Notice and Request for Public Comment
The U.S. Copyright Office is undertaking a study at the request of Congress to review the role of copyright law with respect to software-enabled consumer products. The topics of public inquiry include whether the application of copyright law to software in everyday products enables or frustrates innovation and creativity in the design, distribution and legitimate uses of new products and innovative services. The Office also is seeking information as to whether legitimate interests or business models for copyright owners and users could be improved or undermined by changes to the copyright law in this area. This is a highly specific study not intended to examine or address more general questions about software and copyright protection.
Copyright Royalty Judges' Ability To Set Rates and Terms That Distinguish Among Different Types or Categories of Licensors
The Copyright Royalty Judges (``CRJs'') referred a question of substantive law to the Register of Copyrights for resolution. The question asked whether section 114 of the Copyright Act or any other applicable provision of the Act prohibits the CRJs from setting rates and terms that distinguish among different types or categories of licensors. In a written opinion that was transmitted to the CRJs, the Register determined that the question was not properly presented in the proceeding and therefore the Register did not opine on its merits. That opinion is reproduced below.
Cost of Living Adjustment to Satellite Carrier Compulsory License Royalty Rates
The Copyright Royalty Judges announce a cost of living adjustment (COLA) of 0% 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 2014 to October 2015.
Cost of Living Adjustment for Performance of Musical Compositions by Colleges and Universities
The Copyright Royalty Judges announce a cost of living adjustment (COLA) of 2% in the royalty rates that colleges, universities, and other educational institutions not affiliated with National Public Radio pay for the use of published nondramatic musical compositions in the SESAC repertory for the statutory license under the Copyright Act for noncommercial broadcasting.
Distribution of 2014 DART Sound Recordings Fund Royalties (Copyright Owners and Featured Artists Subfunds)
The Copyright Royalty Judges solicit comments on a motion for partial distribution in connection with 2014 DART Sound Recordings Fund royalties.
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, codified in section 1201(a)(1) of title 17 of the United States Code. As required under the statute, the Register of Copyrights, following a public proceeding, submitted a Recommendation concerning proposed exemptions to the Librarian of Congress. After careful consideration, the Librarian adopts final regulations based upon the Register's Recommendation.
Digital Performance Right in Sound Recordings and Ephemeral Recordings
The Copyright Royalty Judges publish final regulations that set the rates and terms for the digital performances of sound recordings by certain public radio stations and for the making of ephemeral recordings necessary to facilitate those transmissions for the period commencing January 1, 2016, and ending on December 31, 2020.
Scope of the Copyright Royalty Judges' Continuing Jurisdiction
The Copyright Royalty Judges (``CRJs''), acting pursuant to statute, referred novel material questions of substantive law to the Register of Copyrights for resolution. Those questions concerned the manner and extent to which section 114(f)(5)(C) of the Copyright Act bars the CRJs from admitting into evidence or otherwise considering the provisions contained in settlement agreements reached pursuant to the Webcaster Settlement Act of 2009. The Register resolved those questions in a written decision that was transmitted to the CRJs. That decision is reproduced below.
Digital Performance Right in Sound Recordings and Ephemeral Recordings
The Copyright Royalty Judges publish final regulations that set the rates and terms for the digital performances of sound recordings by certain noncommercial educational webcasters and for the making of ephemeral recordings necessary to facilitate those transmissions for the period commencing January 1, 2016, and ending on December 31, 2020.
Pricing for the 2015 American $1 Coin and Currency Set
The United States Mint is announcing a price of $14.95 for the 2015 American $1 Coin and Currency Set.
Notification of Citizens Coinage Advisory Committee August 10, 2015, Public Meeting
Pursuant to United States Code, Title 31, section 5135(b)(8)(C), the United States Mint announces the Citizens Coinage Advisory Committee (CCAC) public meeting scheduled for August 10, 2015. Date: August 10, 2015. Time: 1:00 p.m. to 2:00 p.m. EDT. Location: This meeting will occur via teleconference. Interested members of the public may dial in to listen to the meeting at (866) 564-9287/Access Code: 62956028. Subject: Review and consideration of additional candidate designs for the First Spouse Gold Coin honoring Nancy Reagan. Interested persons should call the CCAC HOTLINE at (202) 354-7502 for the latest update on meeting time and room location. In accordance with 31 U.S.C. 5135, the CCAC: [ssquf] Advises the Secretary of the Treasury on any theme or design proposals relating to circulating coinage, bullion coinage, Congressional Gold Medals, and national and other medals. [ssquf] Advises the Secretary of the Treasury with regard to the events, persons, or places to be commemorated by the issuance of commemorative coins in each of the five calendar years succeeding the year in which a commemorative coin designation is made. [ssquf] Makes recommendations with respect to the mintage level for any commemorative coin recommended.
Determination of Terms and Royalty Rates for Ephemeral Reproductions and Public Performance of Sound Recordings by a New Subscription Service
The Copyright Royalty Judges publish final regulations that set the rates and terms for the use of sound recordings via digital transmissions made by new subscription services and for the making of ephemeral recordings to facilitate those transmissions during the period commencing January 1, 2016, and ending on December 31, 2020.
Adjustment of Cable Statutory License Royalty Rates
The Copyright Royalty Judges (Judges) announce the commencement of a proceeding to adjust the rates for the cable statutory license described in section 111 of the Copyright Act. The Judges also announce the date by which a party who wishes to participate in the proceeding must file its Petition to Participate and pay the $150 filing fee.
Mass Digitization Pilot Program; Request for Comments
The U.S. Copyright Office is developing a limited pilot program and corresponding draft legislation that would establish a legal framework known as extended collective licensing for certain mass digitization activities that are currently beyond the reach of the Copyright Act. This request provides the opportunity for interested parties to submit specific recommendations regarding the operational aspects of the pilot program, within the parameters and legal framework described in the Office's Orphan Works and Mass Digitization report.
In re Distribution of Cable Royalty Funds; In re Distribution of Satellite Royalty Funds
The Copyright Royalty Board announces the commencement of proceedings to determine distribution of 2013 royalties deposited with the Copyright Office under the cable service statutory license and the satellite carrier statutory 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 2013 must file a Petition to Participate and pay the accompanying $150 filing fee. The Judges seek a single Petition to Participate at any stage of the cable royalty proceeding and a separate Petition to Participate at any stage of the satellite royalty proceeding.
Scope of the Copyright Royalty Judges' Continuing Jurisdiction
The Copyright Royalty Judges (``CRJs''), acting pursuant to statute, referred novel material questions of substantive law to the Register of Copyrights for resolution. Those questions concerned the scope of the CRJs' authority, under the statutory grant of continuing jurisdiction over ratemaking determinations, to issue a clarifying interpretation of regulations adopted pursuant to such a determination. The Register resolved those questions in a written decision that was transmitted to the CRJs. That decision is reproduced below.
Copyright Protection for Certain Visual Works
The U.S. Copyright Office is reviewing how certain visual works, particularly photographs, graphic artworks, and illustrations, are monetized, enforced, and registered under the Copyright Act. The Office seeks commentary on the current marketplace for these visual works, as well as observations regarding the real or potential obstacles that authors, and, as applicable, their licensees or other representatives face when navigating the digital landscape. This work builds upon previous studies and public inquiries in a number of areas, including small claims, the making available right, resale royalties, registration, recordation, and the interoperability of records. As always, the Office is interested in the perspectives of copyright owners as well as users of these creative works. This is a general inquiry that will likely lead to additional specific inquiries.
Cost of Living Adjustment to Satellite Carrier Compulsory License Royalty Rates
The Copyright Royalty Judges announce a cost of living adjustment (COLA) of 1.7% 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 2013 to October 2014.
Determination of Royalty Rates for Secondary Transmissions of Broadcasts by Satellite Carriers and Distributors: Withdrawal
The announcement of the commencement of a proceeding published on March 30, 2015, 80 FR 16702 is withdrawn.
Notice of Public Hearings: Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies
The United States Copyright Office will be holding public hearings as part of the sixth triennial rulemaking proceeding under the Digital Millennium Copyright Act (``DMCA'') concerning possible exemptions to the DMCA's prohibition against circumvention of technological measures that control access to copyrighted works. The public hearings will be held in May 2014 in Los Angeles, California and Washington, DC. Parties interested in testifying at the public hearings are invited to submit requests to testify pursuant to the instructions set forth below.
Determination of Royalty Rates for Secondary Transmissions of Broadcasts by Satellite Carriers and Distributors
The Copyright Royalty Judges (Judges) announce commencement of a proceeding to determine rates for the satellite carrier statutory license described in section 119 of the Copyright Act for the license period January 1, 2015, through December 31, 2019.
Digital Performance Right in Sound Recordings and Ephemeral Recordings
The Copyright Royalty Judges are publishing for comment proposed regulations governing the rates and terms for the digital performances of sound recordings by certain public radio stations and for the making of ephemeral recordings necessary to facilitate those transmissions for the period commencing January 1, 2016, and ending on December 31, 2020.
Distribution of the 2013 Digital Audio Recording Technology Royalty Funds
The Copyright Royalty Board is announcing the commencement of a proceeding to determine the distribution of the digital audio recording technology royalty fees in the 2013 Sound Recordings Fund (Copyright Owners and Featured Recording Artists Subfunds). The Board is 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. Finally, the Board is announcing the Copyright Royalty Judges' intention to conduct a paper proceeding.
Distribution of 1998 and 1999 Cable Royalty Funds
The Copyright Royalty Judges announce the final Phase II distribution of cable royalty funds for the year 1999. The judges issued their initial determination in December 2014 and received no motions for rehearing.
Distribution of 2013 Cable Royalty Funds
The Copyright Royalty Judges solicit comments on a motion of Phase I claimants for partial distribution of 2013 cable royalty funds.
Distribution of 2013 Satellite Royalty Funds
The Copyright Royalty Judges solicit comments on a motion of Phase I claimants for partial distribution of 2013 satellite royalty funds.
Notice of Intent To Audit
The Copyright Royalty Judges announce receipt of a notice of intent to audit the 2011, 2012, and 2013 statements of account submitted by Live365, Inc. concerning the royalty payments it made pursuant to two statutory licenses.
Notice of Intent To Audit
The Copyright Royalty Judges announce receipt of two notices of intent to audit the 2011, 2012, and 2013 statements of account submitted by iHeartMedia, Inc. and CBS Radio Inc. concerning royalty payments each made pursuant to two statutory licenses.
Notice of Intent To Audit
The Copyright Royalty Judges announce receipt of a notice of intent to audit the 2011, 2012, and 2013 statements of account submitted by Galaxie concerning the royalty payments its Business Establishment Service made pursuant to two statutory licenses.
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