[Federal Register: April 15, 2002 (Volume 67, Number 72)]
[Proposed Rules]               
[Page 18148-18149]


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.


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.



    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 

    Dated: April 11, 2002.
Marilyn J. Kretsinger,
Assistant General Counsel.
[FR Doc. 02-9207 Filed 4-12-02; 8:45 am]