The Federal Register

Cost of Living Adjustment for Performance of Musical Compositions by Colleges and Universities

Mon, Dec 1 2008 11:00:00 GMT

The Copyright Royalty Judges announce a cost of living adjustment (``COLA'') of 3.7% in the royalty rates that colleges, universities, and other nonprofit educational institutions that are not affiliated with National Public Radio pay for the use of published nondramatic musical compositions in the ASCAP, BMI and SESAC repertories. The COLA is based on the change in the Consumer Price Index from October 2007 to October 2008.

Compulsory License for Making and Distributing Phonorecords, Including Digital Phonorecord Deliveries

Fri, Nov 7 2008 11:00:00 GMT

The Copyright Office is announcing an interim regulation to clarify the scope and application of the Section 115 compulsory license to make and distribute phonorecords of a musical work by means of digital phonorecord deliveries. The Office seeks comments on the interim regulation.

Fees

Fri, Oct 31 2008 11:00:00 GMT

The Copyright Office is extending the time in which comments may be filed in response to its notice of
[[Page 64906]]
proposed rulemaking regarding new fees for registration of claims, special services and Licensing Division services, and new statutory fees and fees for certain other services that the Office is proposing to submit to Congress.

Fees

Thu, Oct 23 2008 11:00:00 GMT

Correction

In proposed rule document E824269 beginning on page 60658 in the issue of Tuesday, October 14, 2008, make the following correction:

On page 60661, the table is corrected in part as follows:

Registration, recordation, and related Current Proposed services fees fees * * * * * * *
Special Services
(1) Service charge for deposit account $150 $165 overdraft....................................
(2) Service charge for dishonored deposit 75 85 account replenishment check..................
(3) Service charge for an uncollectible or non N/A 25 negotiable check \1\.........................
(4) Appeals:
[[Page 63112]]
(i) First appeal.......................... 250 250 Additional claim in related group..... 25 25 (ii) Second appeal........................ 500

Distribution of the 2006 Cable Royalty Funds

Wed, Oct 15 2008 11:00:00 GMT

The Copyright Royalty Judges are soliciting comments on a motion of Phase I claimants for partial distribution in connection with the 2006 cable royalty funds.

Fees

Tue, Oct 14 2008 11:00:00 GMT

This notice of proposed rulemaking is issued to inform the public that the Copyright Office of the Library of Congress is considering adoption of new fees for registration of claims, special services and Licensing Division services, and that the Office intends to submit a schedule of
[[Page 60659]]
proposed new statutory fees and fees for certain other services to Congress. The proposed fees would recover a significant part of the costs to the Office of registering claims and provide full cost recovery for many services provided by the Office which benefit only or primarily the user of that service. The new fees are based on reliable information regarding the costs of providing services, and reflect new electronic processing of most claims implemented in the Copyright Office in 2007.

Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies

Mon, Oct 6 2008 11:00:00 GMT

The Copyright Office of the Library of Congress is preparing to conduct proceedings in accordance with provisions added by the Digital Millennium Copyright Act which provide that the Librarian of Congress may exempt certain classes of works from the prohibition against circumvention of technological measures that control access to copyrighted works. The purpose of this rulemaking proceeding is to determine whether there are particular classes of works as to which users are, or are likely to be, adversely affected in their ability to make noninfringing uses due to the prohibition on circumvention. This notice requests written comments from all interested parties, including representatives of copyright owners, educational institutions, libraries and archives, scholars, researchers and members of the public, in order to elicit evidence on whether noninfringing uses of certain classes of works are, or are likely to be, adversely affected by this prohibition on the circumvention of measures that con

Mechanical and Digital Phonorecord Delivery Rate Determination Proceeding

Wed, Oct 1 2008 11:00:00 GMT

The Copyright Royalty Judges are publishing for comment proposed regulations that set the rates and terms for the use of musical works in limited downloads, interactive streaming and incidental digital phonorecord deliveries.

Distribution of the 2002, 2003, and 2004 Digital Audio Recording Technology Royalty Funds

Fri, Aug 22 2008 11:00:00 GMT

The Copyright Royalty Judges are announcing the commencement of the proceeding to determine the distribution of the digital audio recording technology royalty fees in the 2002, 2003, and 2004 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.

Division of Authority Between the Copyright Royalty Judges and the Register of Copyrights under the Section 115

Tue, Aug 19 2008 11:00:00 GMT

The Copyright Royalty Judges, acting pursuant to statute, referred material questions of substantive law to the Register of Copyrights concerning the division of authority between the Judges and the Register of Copyrights under the section 115 statutory license. Specifically, the Copyright Royalty Board requested a decision by the Register of Copyrights regarding whether the Judges' authority to adopt terms under the section 115 license is solely limited to late payment, notice of use and recordkeeping regulations; and if the answer is no, what other categories or types of terms may the Judges prescribe by regulation. The Register of Copyrights responded in a timely fashion by delivering a Memorandum Opinion to the Copyright Royalty Board on August 8, 2008.

Compulsory License for Making and Distributing Phonorecords, Including Digital Phonorecord Deliveries

Wed, Aug 13 2008 11:00:00 GMT

The Copyright Office is extending the time in which comments and reply comments may be filed in response to its Notice of Proposed Rulemaking proposing to amend its regulations to clarify the scope and application of the Section 115 compulsory license to make and distribute phonorecords of a musical work by means of digital phonorecord deliveries. 73 FR 40802. The Office is also announcing a hearing on the proposed rulemaking to take place on September 19, 2008.

Compulsory License for Making and Distributing Phonorecords, Including Digital Phonorecord Deliveries

Wed, Jul 16 2008 11:00:00 GMT

The Copyright Office of the Library of Congress is proposing to amend its regulations to clarify the scope and application of the Section 115 compulsory license to make and distribute phonorecords of a musical
[[Page 40803]]
work by means of digital phonorecord deliveries.

Distribution of the 2004 and 2005 Cable Royalty Funds

Tue, Jul 15 2008 11:00:00 GMT

The Copyright Royalty Judges are announcing the commencement of a proceeding to determine the Phase I distribution of 2004 and 2005 royalties collected under the cable statutory license. The Judges are also announcing the date by which a party who wishes to participate in this distribution proceeding must file its Petition to Participate and the accompanying $150 filing fee.

Retransmission of Digital Broadcast Signals Pursuant to the Cable Statutory License

Mon, Jul 14 2008 11:00:00 GMT

The Copyright Office is extending the time in which comments and reply comments may be filed in response to its Notice of Proposed Rulemaking regarding the retransmission of digital television broadcast signals by cable operators under Section 111 of the Copyright Act.

Notice of Intent to Audit

Mon, Jul 14 2008 11:00:00 GMT

The Copyright Office of the Library of Congress is announcing receipt of six notices of intent to audit various eligible nonsubscription and new subscription services that transmit sound recordings under statutory licenses. The audits intend to verify statements of account for the year 2005.

Copyright Rules and Regulations

Wed, Jul 2 2008 11:00:00 GMT

The Copyright Office is making non-substantive housekeeping amendments to its regulations to update them and to correct minor errors.

Retransmission of Digital Broadcast Signals Pursuant to the Cable Statutory License

Mon, Jun 2 2008 11:00:00 GMT

The Copyright Office is seeking comment on proposed regulatory changes to accommodate the retransmission of digital television broadcast signals by cable operators under Section 111 of the Copyright Act.

Late-Filed and Underpaid Royalties

Tue, May 20 2008 11:00:00 GMT

The Copyright Office is amending its rules governing the payment of interest on late or underpaid royalty fees under the Copyright Act to clarify when interest for late and underpayments is due in light of the Copyright Office's electronic funds transfer requirement. In addition, the Copyright Office amends the rules to add text that was inadvertently deleted by a previous rulemaking action. The Copyright Office also makes a technical correction to its satellite carrier requirements to recognize changes made to Section 119 in 2004.

Definition of Cable System

Wed, May 7 2008 11:00:00 GMT

The Copyright Office previously sought comment on issues associated with the definition of the term ``cable system'' under the Copyright Act as well as on the National Cable and Telecommunications Association's request for the creation of subscriber groups for the purposes of eliminating the ``phantom signal'' phenomenon. After reviewing the record in this proceeding, the Copyright Office finds that it lacks the statutory authority to adopt rules sought by the cable industry. The Copyright Office, however, clarifies regulatory policy regarding the application of the 3.75[percnt] fee to phantom signals. This proceeding is terminated.

Registration of Claims to Copyright, Group Registration Options

Wed, Apr 30 2008 11:00:00 GMT

The Copyright Office of the Library of Congress is proposing to amend its regulations governing the registration options which allow grouping of individual works to be registered using one application to require online submission for these options.

Distribution of 2000, 2001, 2002, and 2003 Cable Royalty Funds

Wed, Apr 2 2008 11:00:00 GMT

The Copyright Royalty Judges are announcing the commencement of a proceeding to determine the Phase I distribution of 2000, 2001, 2002, and 2003 royalties collected under the cable statutory license. The Judges are also announcing the date by which a party who wishes to participate in this distribution proceeding must file its Petition to Participate and the accompanying $150 file fee.

Determination of Rates and Terms for Business Establishment Services

Thu, Mar 27 2008 11:00:00 GMT

The Copyright Royalty Judges are publishing final 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 20092013.

Notice of Intent To Audit

Tue, Mar 25 2008 11:00:00 GMT

The Copyright Royalty Judges are announcing receipt of a notice of intent to audit the 2006 and 2007 statements of account submitted by Last.fm, Ltd. concerning the royalty payments made under two statutory licenses.

Section 119 and the Changes in the Consumer Price Index

Mon, Mar 17 2008 11:00:00 GMT

The Copyright Office makes royalty rate adjustments for satellite carriers based upon changes in the Consumer Price Index.

Review of Copyright Royalty Judges Determination

Tue, Feb 26 2008 11:00:00 GMT

The Register of Copyrights published a document in the Federal Register of February 19, 2008, reviewing the determinations of the Copyright Royalty Judges for setting rates and terms for use of the sections 112 and 114 statutory licenses by New Subscription Services, Preexisting Subscription Services and Preexisting Satellite Digital Audio Radio Services.

Review of Copyright Royalty Judges Determination

Tue, Feb 19 2008 11:00:00 GMT

The Register of Copyrights issues the following determination concerning the Copyright Royalty Judges' decisions to include the rate for use of the section 112 license for ephemeral recordings within the rates and terms of royalty payments under section 114 for the use of sound recordings in transmissions made by New Subscription Services, Preexisting Subscription Services and Satellite Digital Audio Radio Services, and to not set a minimum fee within the section 112 license rates for the Satellite Digital Audio Radio Services.

Distribution of the 2004 and 2005 Cable Royalty Funds

Wed, Jan 30 2008 11:00:00 GMT

The Copyright Royalty Judges are announcing a partial Phase I settlement in connection with the 2004 and 2005 cable royalty funds. The Judges are also soliciting comments on a motion for partial distribution in connection with those funds.

Determination of Rates and Terms for Business Establishment Services

Wed, Jan 30 2008 11:00:00 GMT

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 20092013.

Distribution of 1998 and 1999 Cable Royalty Funds

Wed, Jan 30 2008 11:00:00 GMT

The Copyright Royalty Judges are announcing the commencement of a proceeding to determine the Phase II distribution of 1998 and 1999 royalties collected under the cable statutory license. The Judges also are announcing the date by which a party who wishes to participate in this distribution proceeding must file its Petition to Participate and the accompanying $150 filing fee.

Distribution of 1999, 2000, 2001, 2002, 2003, 2004 and 2005 Satellite Royalty Funds

Wed, Jan 30 2008 11:00:00 GMT

The Copyright Royalty Judges are requesting comments as to the existence of controversies at Phase I and Phase II for distribution of the 1999 through 2005 royalty funds collected under the satellite carrier statutory license.

Determination of Rates and Terms for Preexisting Subscription Services and Satellite Digital Audio Radio Services

Thu, Jan 24 2008 11:00:00 GMT

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 satellite digital audio radio services for the period beginning on January 1, 2007, and ending on December 31, 2012.

Recordation of Notices of Termination of Transfers and Licenses; clarifications

Wed, Jan 23 2008 11:00:00 GMT

The Copyright Office is proposing to make clarifications to its regulations governing the recordation of notices of termination and certain related provisions. This notice seeks public comment on the proposed amendments, which would communicate the Office's practices as to notices of termination that are untimely filed; clarify the fact that a notice of termination is not legally sufficient simply because it has been recorded; update the legibility requirements for all recorded documents, including notices of termination; make minor explanatory edits to the fee schedule for multiple titles within a document (adding notices of termination as an example); and create a new mailing address to which notices of termination should be sent.