[Federal Register: December 11, 2000 (Volume 65, Number 238)]
[Page 77393-77394]


Copyright Office

[Docket No. 2000-9 CARP DTRA1 & 2]

Digital Performance Right in Sound Recordings and Ephemeral 

AGENCY: Copyright Office, Library of Congress.

ACTION: Notices of intent to participate; Announcement of 
precontroversy discovery schedule.


SUMMARY: Due to the ruling by the Copyright Office that broadcasters 
are not exempt from copyright liability when they retransmit over the 
Internet copyrighted works contained on their AM and FM radio signals, 
the Library of Congress is providing an additional time period for 
filing Notices of Intent to Participate in the above-captioned 
consolidated proceedings. In addition, the Library is announcing the 
precontroversy discovery schedule for these consolidated proceedings.

DATES: Notices of Intent to Participate are due no later than January 
10, 2001.

ADDRESSES: An original and five copies of a Notice of Intent to 
Participate should be delivered to: Office of the General Counsel, 
Copyright Office, James Madison Building, Room LM-403, First and 
Independence Avenue, SE, Washington, DC 20559-6000; or mailed to: 
Copyright Arbitration Royalty 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: In today's Federal Register the Copyright 
Office announces a final rule in Docket No. RM 2000-3 concerning the 
definition of a ``Service'' for purposes of the statutory license 
governing the public performance of sound recordings by means of 
digital audio transmissions. The Office has determined that 
broadcasters retransmitting copyrighted programming contained on their 
AM and FM radio signals over digital communications networks, such as 
the Internet, are not exempt from copyright liability under section 
114(d)(1)(A) of the Copyright Act. Because such retransmissions are not 
exempt, a public performance of a copyrighted work contained on a radio 
signal occurs each time it is retransmitted over a digital 
communications network, such as the Internet. Consequently, 
broadcasters must license the copyrights to the programming contained 
on such radio signals.
    Licensing may be accomplished in one of two ways, depending upon 
the nature of the retransmissions. Broadcasters may enter into private 
licensing arrangements with the copyright holders of the programming 
they wish to retransmit. Or, broadcasters may be eligible for the 
statutory licenses under sections 114(f) and 112(e) of the Copyright 
Act to retransmit the works. The Library of Congress is currently 
conducting Copyright Arbitration Royalty Panel (CARP) proceedings to 
establish royalty rates and terms for these licenses.
    Because today's rulemaking proceeding makes clear that broadcasters 
are not exempt, those broadcasters who intend to use the section 114(f) 
and 112(e) licenses may wish to participate in these CARP proceedings. 
The time periods for filing Notices of Intent to Participate in this 
proceeding, however, has passed. See 64 FR 52107 (September 27, 1999) 
(1998-2000 period) and 65 FR 55302 (September 13, 2000) (2001-2002 
period). The Library has determined that, given the uncertainty 
surrounding today's rulemaking decision, it is appropriate to reopen 
the filing period for a limited time to allow additional participants 
in these proceedings.

Notices of Intent To Participate

    Any interested party that has not filed a Notice of Intent to 
Participate in the rate proceeding for 1998-2000 or the rate proceeding 
for 2001-2002 may do so on or before January 10, 2001. The Notice of 
Intent to Participate should clearly specify whether it applies to the 
1998-2000 proceeding, the 2001-2002 proceeding, or both. Failure to 
submit a

[[Page 77394]]

timely filed Notice will preclude a party from participating in these 

Consolidation of Proceedings

    Concurrent with today's Federal Register publication, the Library 
is issuing an Order consolidating the 1998-2000 and 2001-2002 
proceedings before a single CARP. The consolidation order may be found 
on the Copyright Office's website at 
Parties wishing to participate in the CARP 
proceedings should familiarize themselves with the contents of this 
    In consolidating these two proceedings, the Office has assigned a 
single docket number applicable to both proceedings. Parties submitting 
documents to the Copyright Office should take account of the new docket 

Schedule of Proceedings

    The consolidation Order described above also announces the 
precontroversy discovery schedule for the CARP proceedings. For 
convenience, the schedule is repeated here.

                  Action                                Date
Negotiated Protective Order...............  February 1, 2001.
Filing of Written Direct Cases............  February 5, 2001.
Requests for Underlying Documents.........  February 14, 2000.
Related to Written Direct Cases...........
Responses to Requests for Underlying        February 21, 2001.
Completion of Document Production.........  February 26, 2001.
Follow-up Requests for Underlying           March 2, 2001.
Responses to Follow-up Requests...........  March 8, 2001.
Motions Related to Document Production....  March 12, 2001.
Production of Documents in Response to      March 16, 2001.
 Follow-up Requests.
All Other Motions, Petitions and            March 21, 2001.
Initiation of Arbitration.................  May 21, 2001.

    Dated: December 6, 2000.
David O. Carson,
General Counsel.
[FR Doc. 00-31459 Filed 12-8-00; 8:45 am]