—Digital
Performance Right in Sound Recordings and Ephemeral Recordings
Copyright Office Publishes New Proposed Rates and Terms for Eligible
Nonsubscription Transmissions (Webcasting) of Sound Recordings
The Copyright Office of the Library of Congress
is requesting comment on new proposed regulations that set rates
and terms for the use of sound recordings in eligible nonsubscription
transmissions, such as those that occur over the Internet, and for
the use of sound recordings by new subscription services. The proposed
rates and terms also cover the making of ephemeral recordings needed
to facilitate such transmissions, but they do not apply to the use
of sound recordings in transmissions made by certain noncommercial
entities. The rates and terms are for the 2003 and 2004 statutory
licensing period, except in the case of new subscription services,
in which case the license period runs from 1998 through 2004. The
agreement published in the Federal Register on May 20 supersedes
the agreement published on May 1, 2003 (68 FR 23241). Parties should
only comment on the proposed rates and terms set forth in the May
20 notice.
This notice includes for the first time proposed
rates and terms for simulcasts of AM and FM radio broadcast programming.
It also includes proposed rates and terms for the use of sound recordings
in the reproduction of ephemeral recordings by business establishment
services.
Because this notice includes amendments to
the proposal published in the May 1 notice, interested parties should
comment only on the rates and terms published on May 20 and should
not comment on those published on May 1. Any party who objects to
the amended proposed rates and terms must file a written objection
with the Copyright Office and an accompanying Notice of Intent to
Participate, if the party has not already done so. If no comments
are received, the regulations will become final upon publication
of a final rule and will cover the period from January 1, 2003,
to December 31, 2004, except that the period covered for new subscription
services runs from October 28, 1998, to December 31, 2004.
Comments and Notices of Intent to Participate
are due by June 19. (read
details)
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