President Signs into Law the Small Webcaster Settlement Act of 2002

December 18

Closing deadline for the initial round of comments in the Copyright Office triennial rulemaking proceeding on exemptions from the prohibition on circumvention of technological measures that control access to copyrighted works. These comments will be limited to those proposing specific classes of works to be exempted.

December 23

Deadline for Notices of Intent to Participate in a CARP proceeding to set rates and terms under the statutory license for eligible nonsubscription services to make certain digital audio transmissions of sound recordings for the 2003-2004 period.

January 1, 2003

Effective date of final rule governing notices of termination of transfers and licenses covering the extended renewal term (read details)

January 1, 2003

Possible effective date of cost of living adjustments under 17 U.S.C. 118 (read details)

February 19, 2003

Deadline for the second round of comments in the Copyright Office triennial rulemaking proceeding on exemptions from the prohibition on circumvention of technological measures that control access to copyrighted works. Those who oppose or support any exemptions proposed in the initial comments will have the opportunity to respond to the proposals made in the initial comments and to provide factual information and legal argument addressing whether a proposed exemption should be adopted.

February 28, 2003, at 5 p.m. E.S.T.

Deadline for filing 2002 DART royalty claims by fax (read details)

February 28, 2003, at 11:59 p.m. E.S.T.

Deadline for receipt on the Copyright Office server of 2002 DART royalty claims submitted online (read details)

President Signs into Law the Small Webcaster Settlement Act of 2002

On Wednesday, December 4, President Bush signed into law the Small Webcaster Settlement Act of 2002, Pub. L. No. 107-321, 116 Stat. 2780, which amends title 17, United States Code, with respect to the section 114 statutory license for small webcasters and noncommercial webcasters. The Small Webcaster Settlement Act defers payments not already made until June 20, 2003, in the case of a non-commercial webcaster; and it allows Sound Exchange, the Receiving Agent designated in the June 20 order, to enter into agreements on behalf of all copyright owners and performers to delay the payment obligation of small webcasters up to December 15, 2002. In addition, the Act allows the Receiving Agent to enter into agreements with noncommercial webcasters and small webcasters to set royalty rates for the public performance of the sound recordings under the section 114 license and the making of ephemeral recordings under the section 112 license based upon a percentage of revenue or expenses, or both, and to include a minimum fee. The Receiving Agent, however, is under no obligation to enter into any such agreement, but once it does so, the agreement is binding on all sound recording copyright owners and performers.

The text of the Act may be found through the Copyright Office website.

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