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News Bulletins from the U.S. Copyright Office
May 20, 2003   Issue 199
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In This Issue
New Proposed Rates and Terms for Eligible Nonsubscription Transmissions (Webcasting) of Sound Recordings

Press Releases

Read press releases issued by the U.S. Copyright Office.

Calendar

May 21

Due date for Notices of Intent to Participate and comments on the proposed rules to govern SoundExchange

June 19

Due date for Notices of Intent to Participate and comments on the new proposed regulations that set rates and terms for the use of public performances of sound recordings and for ephemeral recordings


Submit comments or suggestions

—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)

Past Issues
Proposed Rates and Terms for Eligible Nonsubscription Transmissions (Webcasting) of Sound Recordings 5/1/03

Public Hearing Schedule Amended 4/23/03

Copyright Office Publishes Proposed Rules; Requests Notices of Intent to Participate 4/21/03

Phase I of Cable Statutory License Proceedings for 1998 and 1999 Royalties 4/11/03

Copyright Office Adopts Final Rule on Termination of Transfers and Licenses 4/8/03

Dates Announced for Los Angeles Hearings in Section 1201 4/1/03

Correction to Email Information 3/20/03

Public Hearings on Anticircumvention Rulemaking 3/18/03

Reply Comments in Section 1201 Rulemaking Proceeding 3/3/03

Copyright Office and Patent and Trademark Office Announce Public Hearing and Request Comments 2/13/03

"The Copyright Office Comes to California" 2/10/03

Copyright Office Accepts Late-Filed Comment in 1201 Rulemaking 2/5/03


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