[Federal Register: April 15, 2002 (Volume 67, Number 72)]
[Proposed Rules]
[Page 18148-18149]
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LIBRARY OF CONGRESS
Copyright Office
37 CFR Part 201
[Docket No. RM 2002-1A]
Notice and Recordkeeping for Use of Sound Recordings Under
Statutory License
AGENCY: Copyright Office, Library of Congress.
ACTION: Announcement of public roundtable.
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SUMMARY: The United States Copyright Office announces a public
roundtable discussion concerning issues raised in the course of an
ongoing rulemaking proceeding to adopt requirements for giving
copyright owners reasonable notice of the use of their works for sound
recordings under the section 114 and 112 statutory licenses and for how
records of such use shall be kept and made available to copyright
owners. This document invites participation in the roundtable intended
to elicit more specific information on areas identified in this
document which are related solely to the subjects identified in the
ongoing rulemaking and not to any other issue that may be part of a
different proceeding.
DATES: The roundtable discussion will be held on Friday, May 10, 2002,
beginning at 9 a.m. and continuing until 5 p.m. at the address listed
below. Requests to participate or to attend the roundtable discussion
must be submitted by close of business on Monday May 6, 2002.
ADDRESSES: The roundtable discussion will take place in LM620 (Dining
Room A), James Madison Memorial Building, First and Independence
Avenue, SE, Washington DC. Requests to participate or attend must be
made by e-mail to 114roundtable@loc.gov or by fax to (202) 252-3423.
See SUPPLEMENTARY INFORMATION for other information regarding filing of
the requests.
FOR FURTHER INFORMATION CONTACT: Questions about the meeting or the
filing of such requests for participation or attendance should be
addressed to either William J. Roberts Jr., or Susan N. Grimes at
Telephone (202) 707-8380 or Telefax (202) 252-3423.
SUPPLEMENTARY INFORMATION:
Background
The Digital Millennium Copyright Act (``DMCA''), Pub. L. No. 105-
304, 112 Stat. 2860 (1998), amended the statutory license in section
114 of the Copyright Act for the public performance of sound
[[Page 18149]]
recordings via digital audio transmission, and established a new
statutory license under section 112 of the Copyright Act for the making
of ephemeral copies of sound recordings. The DMCA also directed the
Copyright Office to establish regulations that require digital audio
services eligible for the amended section 114 license and the new
section 112 license to give copyright owners of sound recordings
reasonable notice of the use of their works and to maintain records of
use and make them available to copyright owners. See 17 U.S.C.
112(e)(4) and 114(f)(4)(A). On February 7, 2002, the Office published a
Notice in the Federal Register proposing such regulations and sought
public comment. Following publication of this notice, the Office
extended the original comment period to April 5, 2002, and the reply
period to April 26, 2002.
Roundtable Discussion
The Copyright Office has reviewed the comments received to this
point and is aware that the proposed notice and recordkeeping
provisions are contentious. It is our desire to adopt regulations that
provide sufficient notification and information to copyright owners of
the use of their sound recordings yet are not unduly burdensome on
those making use of the statutory licenses. To promote the adoption of
such regulations, the Office is holding a public roundtable discussion
on May 10, 2002, to discuss the proposed regulations and the comments
we have received. Those interested in participating in the roundtable
must notify the Office in a written request sent by fax or e-mail to
the addresses given above and this request must contain the following
elements: (1) The name of the person desiring to participate, (2) the
organization or organizations represented by that person, if any: (3)
contact information (address, telephone, fax, and e-mail); and (4)
information on the specific focus or intent of the participant (or his
or her organization) and any questions or issues the participant would
like to raise. Submission of such requests by regular mail will not be
effective. While registration in a public forum would not otherwise be
required, seating is limited and will be available first to persons who
have submitted requests to participate or attend. Remaining seats will
be available on a first-come, first-served basis. As discussed earlier,
the Office is in the middle of an ongoing rulemaking proceeding and has
already received initial comments; it will receive reply comments on
April 26, 2002. No written comment is required as a prerequisite to
participation. What is required is a request for participation that
contains identified information. Persons desiring merely to attend but
not actively participate in the discussions should so indicate in the
request and need not give any information on questions or issues.
The Copyright Office encourages participation by all those affected
by the proposed regulations. The Office is especially interested in the
views of small businesses engaged in webcasting as well as individuals
and small businesses who are copyright owners of sound recordings, and
in details relating to the benefits, costs and burdens associated with
the published notice and recordkeeping proposal and of alternatives to
that proposal. The Office encourages those who would like to
participate to review the comments already submitted in this
proceeding. Those comments may be found on our website at http://
www.loc.gov/copyright/carp/114/comments.html. The Office also
encourages those with common interests and views to select one
spokesperson.
Dated: April 11, 2002.
Marilyn J. Kretsinger,
Assistant General Counsel.
[FR Doc. 02-9207 Filed 4-12-02; 8:45 am]
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