Webcasting Notice and Recordkeeping

Notice and Recordkeeping for Use of Sound Recordings Under Statutory License The Copyright Office is requesting public comment on the adoption of regulations for records of use of past public performances of sound recordings performed pursuant to the statutory license for public performances of sound recordings by means of digital audio transmissions. Initial comments are due November 24, 2003. Reply comments are Due December 22, 2003. Notice and Recordkeeping for Use of Sound Recordings Under Statutory License 68 FR 58054 October 8, 2003 Version: PDF, Text Background On February 7, 2002, the U.S. Copyright Office issued a notice of a proposed rulemaking on the requirements for giving sound recording copyright owners reasonable notice of the use of their works in connection with the section 114 statutory license for certain digital transmissions of public performances of sound recordings, and on the requirements for how records of such use will be kept and made available to copyright owners. Please note that this rulemaking proceeding is not about the rates and terms for webcasters that were recommended by the Copyright Arbitration Royalty Panel ("CARP") in its February 20, 2002 report. There is no provision for public comments on the CARP report. The comments address the proposed rulemaking on the requirements for giving sound recording copyright owners reasonable notice of the use of their works in connection with the section 114 statutory license. Comments Interested parties submitted comments on the rulemaking by April 5. Reply comments were due April 26. For more details, please see Federal Register notice 67 FR 5761. Public Roundtable The Copyright Office conducted a public roundtable on the proposed regulations on May 10. Details of the roundtable may be found in Federal Register notice 67 FR 18148. Follow this link for a list of the three panels conducted at the roundtable and the participants in each panel. A written transcript is available in PDF form. Read transcript of Panel I, Panel II, and Panel III. TVWorldwide.com, in cooperation with the International Webcasting Association, webcast the roundtable discussion, and an archived copy is available for viewing. Although the Copyright Office did not officially sponsor this webcast, we are pleased that it is available to viewers on the Internet. Interim Regulations The Copyright Office will announce interim notice and recordkeeping regulations. The interim regulations will establish transitional reporting requirements for services using the section 114 statutory license to perform sound recordings publicly by means of digital audio transmissions and the section 112 statutory license to make ephemeral recordings of sound recordings.  After several months, these transitional reporting requirements will be replaced by final requirements that are likely to include more comprehensive reporting. The interim requirements are likely to require each service to report the following information for a certain period of time during each calendar quarter: the name of the service submitting the report the transmission category of the service [i.e., a single letter code identifying the nature of the service transmitting the performance, e.g., Eligible nonsubscription transmission by webcaster of over-the-air AM or FM radio broadcast, other eligible nonsubscription transmission by a webcaster, eligible nonsubscription transmission by commercial broadcaster of over-the-air AM or FM radio broadcast, eligible nonsubscription transmission by non-CPB, noncommercial broadcaster, etc.] for each sound recording transmitted by the service during the relevant period: the featured recording artist the sound recording title the name of the record album containing the sound recording, if in the possession of the service, or supplied to the service, at or before the time of the performance the marketing label of the sound recording, if in the possession of the service, or supplied to the service, at or before the time of the performance; and the total number of performances of the sound recording during the relevant reporting period. Home  |  Contact Us  |  Legal Notices  |  Freedom of Information Act (FOIA)  |  Library of Congress U.S. Copyright Office 101 Independence Ave. S.E. Washington, D.C. 20559-6000 (202) 707-3000