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Issue 215 - February 3, 2004  

VOLUNTARY NEGOTIATION PERIOD FOR RATES AND TERMS FOR DIGITAL PERFORMANCE RIGHT IN SOUND RECORDINGS AND EPHEMERAL RECORDINGS APPLIES TO ELIGIBLE NONSUBSCRIPTION TRANSMISSIONS AND TRANSMISSIONS MADE BY NEW SUBSCRIPTION SERVICES

On January 6, 2004, the Copyright Office announced the voluntary negotiation period for adjusting rates and terms for the statutory licenses that provide for the public performance of a sound recording by means of a digital audio transmission (section 114) and the making of related ephemeral recordings (section 112). See 69 FR 689. That notice specifically noted that the negotiations were for establishing rates and terms applicable to eligible nonsubscription transmissions and the related ephemeral recordings. It should have also stated that rates and terms applicable to new subscription services were to be considered as well. Because the January 6 notice did not make this point clear, this second notice has been published to clarify that the above-captioned proceeding shall consider rates and terms for the public performance of a sound recording and the making of the necessary ephemeral phonorecords for both transmission categories. For further information, click here.

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Feb. 3: Announcement of voluntary negotiation period for setting rates and terms applicable to new subscription services for the use of the section 114 and section 112 licenses during 2005-2006 - 69 FR 5196 (html) (pdf)
Mar. 1: Deadline for receipt of claims to the 2003 DART royalties. However, note that the Office encourages claimants who file online to do so by February 29, 2004. Claims filed online must be received on the Office's server by 11:59 p.m. EST on March 1, 2004. Claims filed by facsimile transmission must be received in the Office no later than 5:00 p.m. EST on March 1, 2004. - 68 FR 74481 (html) (pdf)
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