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U.S. Copyright Office
NewsNet
November 26, 1997
Issue no. 2
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For additional information, visit the Copyright Office homepage at
http://www.copyright.gov
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CONTENTS
*News*
1. Federal Register
a. Office Issues Interim Regulation to Comply with EFOIA
b. CARP Sets New Royalty Rates
c. NIE Corrections Procedure
2. Legislation
a. Copyright Technical Amendments Act (H.R. 672) Signed into Law
b. Register Testifies on Cable and Satellite Licences
3. Copyright Office Deadline Approaching for Final List for Berne and WTO NIEs
* Calendar *
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* NEWS *
----------------Federal Register----------------
For the complete text of Federal Register announcements, visit the
Copyright Office homepage at http://www.copyright.gov
OFFICE ISSUES INTERIM REGULATION TO COMPLY WITH EFOIA (62 FR 55740)
In order to comply with the Electronic Freedom of Information Act of
1996 (EFOIA), the Copyright Office has issued an interim regulation
with a request for comments. The interim regulation was effective Nov. 1.
LINK: http://www.copyright.gov/fedreg/1997/62fr55740.html
CARP SETS NEW ROYALTY RATES (62 FR 55742)
Librarian of Congress James Billington, upon recommendation of the
Register of Copyrights, announced the adjustment of the royalty rates
for superstation and network signals under the satellite carrier
compulsory license, 17 U.S.C. 119. The rate adjustment is the result
of a Copyright Royalty Arbitration Panel (CARP) determination.
NIE CORRECTIONS PROCEDURE (62 FR 55736)
The Copyright Office issued interim regulations, effective Oct. 28,
to govern the filing of Correction Notices of Intent to Enforce a
Restored Copyright (NIE) under section 104A of the copyright law, as
amended by the Uruguay Round Agreements Act (URAA). The effect of the
interim regulation is to establish procedures and to provide a
suggested format for the correction of errors in previously filed
NIEs.
LINK: http://www.copyright.gov/fedreg/1997/62fr55736.html
-----------------LEGISLATION-----------------
COPYRIGHT TECHNICAL AMENDMENTS ACT (H.R. 672) SIGNED INTO LAW
The President signed P.L. 105-80 on Nov. 13. This law gives the
Copyright Office greater discretion to set reasonable fees for its
basic services, after completing an economic study and subject to
congressional approval. The fees were previously set in the statute
and could be adjusted only every fifth year according to changes in
the Consumer Price Index. The law also makes a number of needed
technical changes to the copyright law and clarifies that
distribution of a phonorecord before Jan. 1, 1978, did not constitute
publication of the musical work embodied in the phonorecord, thus
reversing the Ninth Circuit opinion in LaCienega Music Co. v. ZZ Top.
LINK: http://thomas.loc.gov/cgi-bin/bdquery/z?d105:HR00672:|TOM:/bss/d105query.html|
REGISTER TESTIFIES ON CABLE AND SATELLITE LICENSES
Register of Copyrights Marybeth Peters appeared before the House
Subcommittee on Courts and Intellectual Property on Oct. 30 and
before the Senate Judiciary Committee on Nov. 12 at oversight hearings
on the Copyright licensing regimes covering retransmission of
broadcast signals. In addition to the Register's statement at the
hearings, the Office submitted its August 1 report on A Review of
the Copyright Licensing Regimes Covering Retransmission of Broadcast
Signals as testimony. The report is available from the Copyright
Office homepage.
Link: http://www.copyright.gov/docs/execsum2.pdf
----------------COPYRIGHT OFFICE-----------------
DEADLINE APPROACHING FOR FINAL LIST FOR BERNE AND WTO NIES
The Copyright Office wishes to remind the owners of works from Berne
and World Trade Organization member countries, which were restored to
copyright on January 1, 1996, that the deadline is approaching for the
Copyright Office's final list in the Federal Register of Notices of
Intent to Enforce (NIEs) for those works.
Under the Uruguay Round Agreements Act (URAA), the 2-year period for
filing NIEs in the Copyright Office for works that were initially
restored to copyright on January 1, 1996, will end on December 31,
1997. 17 U.S.C. 104A(d)(2)(A). The Office will publish its final list
of NIEs for such works on January 30, 1998. NIEs received and
processed by December 5, 1997, will be published in the December 19,
1997 Federal Register. NIEs received between December 5 and December
31, 1997, including those postmarked no later than December 31, 1997,
will be published in the Federal Register on January 30, 1998.
Further Federal Register publications for works whose source
countries are within their 2-year period of eligibility will continue
at the appropriate 4-month intervals, depending on receipts of such
NIEs in the Copyright Office. Accordingly, NIEs from those countries
that are received in the Copyright Office after January 1, 1998, are
scheduled to be published in the Federal Register on April 17, 1998.
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* CALENDAR *
The calendar includes selected deadlines.
November 28, 1997. Comments due on interim regulation to comply with
the Electronic Freedom of Information Act (EFOIA).
December 31, 1997: For works from Berne and World Trade Organization
member countries that were restored to copyright on January 1, 1996,
the deadline to file a Notice of Intent to Enforce a Restored
Copyright (NIE) with the Copyright Office under section 104A of the
copyright law, as amended by the Uruguay Round Agreements Act (URAA).
See article above.
Link:http://www.copyright.gov/docs/enforce.html
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