[Federal Register: September 14, 1999 (Volume 64, Number 177)]
[Rules and Regulations]
[Page 49671]
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LIBRARY OF CONGRESS
Copyright Office
37 CFR Part 201
[Docket No. RM 96-3C]
Notice and Recordkeeping for Digital Transmission of Sound
Recordings Under Statutory License
AGENCY: Copyright Office, Library of Congress.
ACTION: Interim rule amendment.
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SUMMARY: The Copyright Office of the Library of Congress is amending
the regulation that requires the filing of an initial notice of digital
transmissions of sound recordings under statutory license with the
Copyright Office to state that a suggested format for the Initial
Notice will be posted on the Office's website, in an effort to better
ensure that Initial Notices filed with the Office fully comply with the
regulation.
DATES: Effective September 14, 1999.
FOR FURTHER INFORMATION CONTACT: David O. Carson, General Counsel, or
Tanya M. Sandros, Attorney Advisor, Copyright GC/I&R, P.O. Box 70400,
Southwest Station, Washington, D.C. 20024. Telephone: (202) 707-8380.
Telefax: (202) 707-8366.
SUPPLEMENTARY INFORMATION:
Background
On November 1, 1995, Congress enacted the Digital Performance Right
in Sound Recordings Act of 1995 (``DPRA''), Pub. L. 104-39, 109 Stat.
336 (1995). The DPRA gave to sound recording copyright owners an
exclusive right to perform their works publicly by means of a digital
audio transmission subject to a statutory license. 17 U.S.C. 106(6); 17
U.S.C. 114.
The statutory license requires adherence to regulations under which
copyright owners may receive reasonable notice of use of their sound
recordings under the statutory license and under which entities
performing the sound recordings shall keep and make available records
of such use. 17 U.S.C. 114(f)(2). On May 13, 1996, the Copyright Office
initiated a rulemaking proceeding to promulgate regulations to govern
the notice and recordkeeping requirements. 61 FR 22004 (May 13, 1996).
This rulemaking concluded with the issuance of interim rules to govern
the filing of an initial notice of digital transmissions of sound
recordings under statutory license, 37 CFR 201.35, and the filing of
reports of use of sound recordings under statutory license, 37 CFR
201.36. See 63 FR 34289 (June 24, 1998).
Since promulgation of the interim rules, several entities have
filed Initial Notices with the Copyright Office in accordance with
Sec. 201.35. However, the majority of these Initial Notices have not
provided all of the information required under Sec. 201.35. As stated
in Sec. 201.35(c), ``[t]he Copyright Office does not provide printed
forms for the filing of Initial Notices.'' However, the Copyright
Office is amending this section to state that a suggested format for
the Initial Notice will be posted on the Copyright Office website, in
an effort to better ensure that Initial Notices filed with the Office
provide all of the information required under Sec. 201.35.
List of Subjects in 37 CFR Part 201
Copyright.
Regulations
For the reasons set forth in the preamble, part 201 of title 37 of
the Code of Federal Regulations is amended as follows:
PART 201--GENERAL PROVISIONS
1. The authority citation for part 201 continues to read as
follows:
Authority: 17 U.S.C. 702.
Sec. 201.35 [Amended]
2. Section 201.35(c) is amended by removing ``The Copyright Office
does not provide printed forms for the filing of Initial Notices.'' and
adding in its place ``A suggested format for the Initial Notices may be
found on the Copyright Office website.''
Dated: August 19, 1999.
Marybeth Peters,
Register of Copyrights.
Approved by:
James H. Billington,
The Librarian of Congress.
[FR Doc. 99-23908 Filed 9-13-99; 8:45 am]
BILLING CODE 1410-31-P