[Federal Register: January 9, 2001 (Volume 66, Number 6)]
[Notices]
[Page 1700-1701]
-----------------------------------------------------------------------
LIBRARY OF CONGRESS
Copyright Office
[Docket No. 2001-1 CARP DSTRA2]
Adjustment of Rates and Terms for the Digital Performance of
Sound Recordings
AGENCY: Copyright Office, Library of Congress.
ACTION: Notice of negotiation period and request for notification.
-----------------------------------------------------------------------
SUMMARY: The Copyright Office of the Library of Congress is announcing
the 6-month negotiation period for the adjustment of royalty rates and
terms for the public performance of copyrighted sound recordings by
preexisting subscription services and preexisting satellite digital
audio radio services. The Office is also requesting those parties
participating in the negotiations to so notify the Office.
DATES: The 6-month negotiation period commences on January 9, 2001.
Notification of participation in the negotiation period is due by
January 31, 2001.
ADDRESSES: An original and five copies of notification of participation
in the settlement negotiations may be hand delivered to: Office of the
General Counsel, Copyright Office, James Madison Memorial Building,
Room LM-403, First and Independence Avenue, SE., Washington, DC 20559-
6000; or mailed to: Copyright Arbitration Royalty
[[Page 1701]]
Panel (CARP), P.O. Box 70977, Southwest Station, Washington, DC 20024.
FOR FURTHER INFORMATION CONTACT: David O. Carson, General Counsel, or
Tanya M. Sandros, Senior Attorney, Copyright Arbitration Royalty Panel,
P.O. Box 70977, Southwest Station, Washington, DC 20024. Telephone:
(202) 707-8380. Telefax: (202) 252-3423.
SUPPLEMENTARY INFORMATION: Since 1995, copyright owners of sound
recordings have enjoyed an exclusive right to perform publicly their
copyrighted works by means of a digital audio transmission, subject to
certain limitations. 17 U.S.C. 106(6). Among the initial limitations
placed on the performance of a sound recording was the creation of a
statutory license for performances made by nonexempt, noninteractive,
digital subscription services. 17 U.S.C. 114 (1995).
After receipt of a petition from the Recording Industry Association
of America (``RIAA''), the Librarian of Congress conducted a CARP
proceeding to establish rates and terms for the statutory license. The
eligible subscription services that participated in that proceeding
were Digital Cable Radio Associates, Digital Music Express, Inc. and
Muzak, L.P. The Librarian issued a final determination of rates and
terms, which was appealed by the RIAA. 63 FR 25394 (May 8, 1998). The
U.S. Court of Appeals for the District of Columbia Circuit affirmed the
rates, but remanded the matter of certain payment terms to the Library
for further proceedings. Recording Industry Ass'n of America v.
Librarian of Congress, 176 F.3d 528 (D.C. Cir. 1999). The remand has
yet to be resolved.
In 1998, as part of the amendments made by the Digital Millennium
Copyright Act (``DMCA''), the section 114 statutory license was
expanded, and a new schedule for rate adjustment proceedings was
established. For subscription services in existence prior to passage of
the DMCA (defined as ``pre-existing subscription services''), and for
satellite digital audio radio services in existence prior to passage of
the DMCA (defined as ``pre-existing satellite digital audio radio
services''), the Librarian of Congress is required to announce a 6-
month negotiation period in the first week of January 2001 for purposes
of promoting settlement of the terms and rates of the statutory
license. 17 U.S.C. 114(f)(1)(C)(i)(II). This notice fulfills that
requirement.
Announcement of Negotiation Period
Pursuant to section 114(f)(1)(C)(i), the Librarian of Congress is
announcing a 6-month negotiation period for the settlement of rates and
terms for the statutory license for preexisting subscription services
and preexisting satellite digital audio radio services. If the 6-month
negotiation period fails to yield a full settlement, interested parties
must petition the Librarian for a CARP proceeding during the period
commencing on July 1, 2001, and ending August 29, 2001. 17 U.S.C.
114(f)(1)(C)(ii)(II).
Request for Notification
In order to facilitate productive settlement discussions during the
negotiation period, and to facilitate complete settlement, see 65 FR
10564 (February 20, 2000), it is useful to create a list of parties
that wish to participate in the negotiation period. The list should be
in a centralized location and available to the public so that
interested parties may identify each other and begin their settlement
discussions. Consequently, the Library is requesting that those parties
wishing to participate in the 6-month negotiation period file
notification with the Copyright Office by January 31, 2000.
The list compiled by the Copyright Office is solely for
informational purposes and is on a voluntary basis. In other words,
parties that wish to participate in the negotiation period are not
required to file notification and may file notification with the Office
at any time after the January 31, 2001, deadline up until the end of
the negotiation period. The notification is not a Notice of Intent to
Participate in a CARP proceeding, because, as provided in 17 U.S.C.
114(f)(1)(B), the Library cannot begin a CARP proceeding until
petitioned to do so after the end of the negotiation period. If the
Library receives such a petition, it will call for Notices of Intent to
Participate at a later date.
Dated: January 4, 2001.
David O. Carson,
General Counsel.
[FR Doc. 01-581 Filed 1-8-01; 8:45 am]
BILLING CODE 1410-33-P