[Federal Register: June 5, 2000 (Volume 65, Number 108)]
[Notices]
[Page 35673-35675]
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LIBRARY OF CONGRESS
The United States Copyright Office
DEPARTMENT OF COMMERCE
National Telecommunications and Information Administration
[Docket No. 000522150-0150-01]
RIN 0660-ZA13
Report to Congress Pursuant to Section 104 of the Digital
Millennium Copyright Act
AGENCIES: The United States Copyright Office, Library of Congress; and
the National Telecommunications and Information Administration, United
States Department of Commerce.
ACTION: Request for public comment.
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SUMMARY: The United States Copyright Office and the National
Telecommunications and Information Administration invite interested
parties to submit comments on the effects of the amendments made by
title 1 of the Digital Millennium Copyright Act, (``DMCA'') and the
development of electronic commerce on the operation of sections 109 and
117 of title 17, United States Code, and the relationship between
existing and emerging technology and the operation of such sections.
Section 104 of the DMCA directs the Register of Copyrights and the
Assistant Secretary for Communications and Information of the
Department of Commerce to submit to the Congress no later than 24
months after the date of enactment a report evaluating the effects of
the amendments made by title 1 of the Act and the development of
electronic commerce and associated technology on the operation of
sections 109 and 117 of title 17, United States Code, and the
relationship between existing and emerging technology and the operation
of those sections. This Federal Register Notice is intended to solicit
comments from interested parties.
DATES: Comments must be received by August 4, 2000. Reply comments must
be received by September 5, 2000.
ADDRESSES: The Copyright Office and the National Telecommunications and
Information Administration invite the public to submit written comments
in electronic form by electronic mail or on diskette. See SUPPLEMENTARY
INFORMATION for file formats and other information about electronic
filing.
Comments submitted by electronic mail should be sent to both
104study@loc.gov and 104study@ntia.doc.gov. E-mail comments should be
submitted as file attachments in one of the formats specified under
SUPPLEMENTARY INFORMATION and should be sent to both the Copyright
Office and National Telecommunications and Information Administration
addresses.
Comments sent by regular mail may be sent to Jesse M. Feder, Policy
Planning Advisor, Office of Policy and International Affairs, U.S.
Copyright Office, Copyright GC/I&R, P.O. Box 70400, Southwest Station,
Washington, DC 20024; and Jeffrey E.M. Joyner, Senior Counsel, Office
of Chief Counsel, National Telecommunications and Information
Administration (NTIA), Room 4713, U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW, Washington, DC 20230. Paper
submissions should include a version on diskette in one of the formats
specified under SUPPLEMENTARY INFORMATION. Comments should be sent to
both the Copyright Office and National Telecommunications and
Information Administration addresses.
FOR FURTHER INFORMATION CONTACT: Jesse M. Feder, Office of Policy and
International Affairs, U.S. Copyright Office, Library of Congress (202)
707-8350 and Jeffrey E.M. Joyner, National Telecommunications and
Information Administration (202) 482-1816.
SUPPLEMENTARY INFORMATION:
File Formats and Required Information
Comments and reply comments may be submitted in electronic form, in
one of the following formats:
1. If by electronic mail: Send to ``104study@loc.gov'' and
``104study@ntia.doc.gov'' a message containing the name of the person
making the submission, his or her title and organization (if the
submission is on behalf of an organization), mailing address, telephone
number, telefax number (if any) and e-mail address. The message should
also identify the document clearly as either a comment or reply
comment. The document itself must be sent as a MIME attachment, and
must be in a single file in either: (1) Adobe Portable Document File
(PDF) format (preferred); (2) Microsoft Word Version 7.0 or earlier;
(3) WordPerfect 7 or earlier; (4) Rich Text File (RTF) format; or (5)
ASCII text file format.
2. If by regular mail or hand delivery: Send, to the appropriate
address listed above, two copies of the comment, each on a 3.5-inch
write-protected diskette, labeled with the name of the person making
the submission and, if applicable, his or her title and organization.
[[Page 35674]]
Either the document itself or a cover letter must also include the
name of the person making the submission, his or her title and
organization (if the submission is on behalf of an organization),
mailing address, telephone number, telefax number (if any) and e-mail
address (if any). The document itself must be in a single file in
either (1) Adobe Portable Document File (PDF) format (preferred); (2)
Microsoft Word Version 7.0 or earlier; (3) WordPerfect Version 7 or
earlier; (4) Rich Text File (RTF) format; or (5) ASCII text file
format.
3. If by print only: Anyone who is unable to submit a comment in
electronic form should submit an original and two paper copies by hand
or by mail to the appropriate address listed above. It may not be
feasible for the Copyright Office and the National Telecommunications
and Information Administration to place these comments on their
respective websites.
Background
On October 28, 1998, the Digital Millennium Copyright Act
(``DMCA'') was enacted into law (Pub. L. No. 105-304, 112 Stat. 2860).
Section 104 of the DMCA directs the Register of Copyrights and the
Assistant Secretary for Communications and Information of the
Department of Commerce to submit to the Congress no later than 24
months after the date of enactment a report evaluating the effects of
the amendments made by title 1 of the Act and the development of
electronic commerce and associated technology on the operation of
sections 109 and 117 of title 17, United States Code, and the
relationship between existing and emerging technology and the operation
of those sections. This Federal Register Notice is intended to solicit
comments from interested parties on those issues.
The objective of title I of the DMCA was to revise U.S. law to
comply with two World Intellectual Property Organization (WIPO)
Treaties that were concluded in 1996 and to strengthen protection for
copyrighted works in electronic formats. The DMCA establishes
prohibitions on the act of circumventing technological measures that
effectively control access to a work protected under the U.S. Copyright
Act, and the manufacture, importation, offering to the public,
providing or otherwise trafficking in any technology, product, service,
device, component or part thereof which is primarily designed or
produced to circumvent a technological measure that effectively
controls access to or unauthorized copying of a work protected by
copyright, has only a limited commercially significant purpose or use
other than circumvention of such measures, or is marketed for use in
circumventing such measures. The DMCA also makes it illegal for a
person to manufacture, import, offer to the public, provide, or
otherwise traffic in any technology, product, service, device,
component or part thereof which is primarily designed or produced to
circumvent a technological measure that effectively protects a right of
a copyright owner in a work protected by copyright, has only a limited
commercially significant purpose or use other than circumvention of
such measures, or is marketed for use in circumventing such measures.
In addition the DMCA prohibits, among other actions, intentional
removal or alteration of copyright management information and knowing
addition of false copyright management information if these acts are
done with intent to induce, enable, facilitate or conceal a copyright
infringement. Each prohibition is subject to a number of statutory
exceptions.
Section 109 of the Copyright Act, 17 U.S.C. 109, permits the owner
of a particular copy or phonorecord lawfully made under title 17 to
sell or otherwise dispose of possession of that copy or phonorecord
without the authority of the copyright owner, notwithstanding the
copyright owner's exclusive right of distribution under 17 U.S.C.
106(3). Commonly referred to as the ``first sale doctrine,'' this
provision permits such activities as the sale of used books. The first
sale doctrine is subject to limitations that permit a copyright owner
to prevent the unauthorized commercial rental of computer programs and
sound recordings.
Section 117 of the Copyright Act, 17 U.S.C. 117, permits the owner
of a copy of a computer program to make a copy or adaptation of the
program for archival purposes or as an essential step in the
utilization of the program in conjunction with a machine. In addition,
pursuant to an amendment contained in title III of the DMCA, section
117 permits the owner or lessee of a machine to make a temporary copy
of a computer program if such copy is made solely by virtue of the
activation of a machine that lawfully contains an authorized copy of
the computer program, for purposes of maintenance or repair of that
machine.
Specific Questions
The United States Copyright Office and the National
Telecommunications and Information Administration of the United States
Department of Commerce seek comment on the following specific
questions. Parties need not address all questions, but are encouraged
to respond to those for which they have particular knowledge or
information.
1. Section 109
(a) What effect, if any, has the enactment of prohibitions on
circumvention of technological protection measures had on the operation
of the first sale doctrine?
(b) What effect, if any, has the enactment of prohibitions on
falsification, alteration or removal of copyright management
information had on the operation of the first sale doctrine?
(c) What effect, if any, has the development of electronic commerce
and associated technology had on the operation of the first sale
doctrine?
(d) What is the relationship between existing and emergent
technology, on one hand, and the first sale doctrine, on the other?
(e) To what extent, if any, is the first sale doctrine related to,
or premised on, particular media or methods of distribution?
(f) To what extent, if any, does the emergence of new technologies
alter the technological premises (if any) upon which the first sale
doctrine is established?
(g) Should the first sale doctrine be expanded in some way to apply
to digital transmissions? Why or why not?
(h) Does the absence of a digital first sale doctrine under present
law have any measurable effect (positive or negative) on the
marketplace for works in digital form?
1. Section 117
(a) What effect, if any, has the enactment of prohibitions on
circumvention of technological protection measures had on the operation
of section 117?
(b) What effect, if any, has the enactment of prohibitions on
falsification, alteration or removal of copyright management
information had on the operation of section 117?
(c) What effect, if any, has the development of electronic commerce
and associated technology had on the operation of section 117?
(d) What is the relationship between existing and emergent
technology, on one hand, and section 117, on the other?
(e) To what extent, if any, is section 117 related to, or premised
on, any particular technology?
(f) To what extent, if any, does the emergence of new technologies
alter the technological premises (if any) upon which section 117 is
established?
[[Page 35675]]
2. General
(a) Are there any additional issues that should be considered? If
so, what are they and what are your views on them?
(b) Do you believe that hearings would be useful in preparing the
required report to Congress? If so, do you wish to participate in any
hearings?
Information collected from responses to this Federal Register
Notice will be considered when preparing the required report for
Congress.
Dated: May 16, 2000.
Marybeth Peters,
Register of Copyrights, United States Copyright Office.
Kathy D. Smith,
Chief Counsel, National Telecommunications and Information
Administration.
[FR Doc. 00-14001 Filed 6-2-00; 8:45 am]
BILLING CODE 1410-30-P