[Federal Register: December 14, 2001 (Volume 66, Number 241)]
[Proposed Rules]
[Page 64783]
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LIBRARY OF CONGRESS
Copyright Office
37 CFR Part 255
[Docket No. RM 2000-7A]
Mechanical and Digital Phonorecord Delivery Compulsory License
AGENCY: Copyright Office, Library of Congress.
ACTION: Request for comment.
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SUMMARY: The Recording Industry of America, Inc. (``RIAA''), the
National Music Publishers' Association, Inc. (``NMPA''), and The Harry
Fox Agency, Inc. (``HFA''), have submitted a joint statement to the
Copyright Office to advise the Office of certain developments relevant
to the Copyright Office's Notice of Inquiry regarding the
interpretation and application of the mechanical and digital
phonorecord compulsory license, 17 U.S.C. 115, to certain digital music
services. The Copyright Office requests additional public comment on
its Notice of Inquiry in light of the RIAA/NMPA/HFA agreement filed in
this proceeding.
DATES: Comments are due no later than January 28, 2002. Reply comments
are due February 27, 2002.
ADDRESSES: If sent by mail, an original and ten copies of comments and
reply comments should be addressed to: Office of the Copyright General
Counsel, P.O. Box 70977, Southwest Station, Washington, DC 20024. If
hand delivered, an original and ten copies should be brought to: Office
of the Copyright General Counsel, James Madison Memorial Building, Room
LM-403, First and Independence Avenue, SE., Washington, DC 20540.
FOR FURTHER INFORMATION CONTACT: David O. Carson, General Counsel, or
Tanya M. Sandros, Senior Attorney, Copyright Arbitration Royalty
Panels, P.O. Box 70977, Southwest Station, Washington, DC 20024.
Telephone: (202) 707-8380. Telefax: (202) 252-3423.
SUPPLEMENTARY INFORMATION: On March 9, 2001, the Copyright Office
published a Notice of Inquiry requesting comments from the public
concerning the interpretation and application of the copyright laws to
certain kinds of digital transmissions of prerecorded musical works. 66
FR 14099 (March 9, 2001). Since that time, the Recording Industry of
America, Inc. (``RIAA''), the National Music Publishers Association
(``NMPA'') and The Harry Fox Agency, Inc. (``HFA'') have negotiated a
private agreement which concerns the application of the mechanical
compulsory license, as set forth in the Copyright Act, 17 U.S.C. 115,
to ``On-Demand Streams'' and ``Limited Downloads,'' two services
identified in the Notice of Inquiry. RIAA, NMPA and HFA publicly
announced this agreement October 9, 2001.
In the March 9 Notice of Inquiry, an ``On-Demand Stream'' was
defined as an ``on-demand, real-time transmission using streaming
technology such as Real Audio, which permits users to listen to the
music they want when they want and as it is transmitted to them'' and a
``Limited Download'' was defined as an ``on-demand transmission of a
time-limited or other use-limited (i.e. non-permanent) download to a
local storage device (e.g., the hard drive of the user's computer),
using technology that causes the downloaded file to be available for
listening only either during a limited time (e.g., a time certain or a
time tied to ongoing subscription payments) or for a limited number of
times.'' 66 FR at 14100.
The Office received several comments in response to the notice of
inquiry, some of which raised additional issues relating to section 115
of the Copyright Act (17 U.S.C. 115), incidental digital phonorecord
deliveries, and other matters relating to digital transmissions of
music.
Because the RIAA/NMPA/HFA agreement concerns many of the same
issues raised in the March 9 Notice of Inquiry, RIAA, NMPA and HFA
submitted a joint statement with the Copyright Office on December 6,
2001, in which they explain the terms of the agreement and list the
benefits these parties associate with the agreement. The parties also
included a copy of the agreement as an exhibit to the filing. The joint
statement and the accompanying exhibits are posted on our website at:
http://www.copyright.gov/carp/10-5agreement.pdf.
The Copyright Office recognizes that the RIAA/NMPA/HFA agreement is
a significant development that may affect the Office's inquiry into
digital transmissions of music. Consequently, the Copyright Office
invites comment from the public on the effect of the RIAA/NMPA/HFA
agreement on the issues identified in the Notice of Inquiry. Comments
are due no later than January 28, 2002. Reply comments are due February
27, 2002.
Dated: December 11, 2001.
David O. Carson,
General Counsel.
[FR Doc. 01-30931 Filed 12-13-01; 8:45 am]
BILLING CODE 1410-31-P