Issue 246 - January 27, 2005

Copyright Office Announces Orphan Works Study

The Copyright Office seeks to examine the issues raised by "orphan works," that is, copyrighted works whose owners are difficult or even impossible to locate. Uncertainty surrounding ownership of such works might needlessly discourage subsequent creators and users from incorporating them in new creative efforts or making such works available to the public. The Copyright Office requests written comments from all interested parties on whether there are compelling concerns raised by orphan works that merit a legislative, regulatory, or other solution, and if so, what type of solution could effectively address these concerns without conflicting with the legitimate interests of authors and right holders. Comments are due by 5:00 p.m. EST on March 25, 2005. (Read further information.)

Copyright Office Seeks Notices of Intent to Participate and Comments on Proposed Settlement of Royalty Rates for Analog Television Stations Retransmitted by Satellite

The Copyright Office is submitting for public comment a proposed settlement of royalty rates for analog television broadcast stations retransmitted by satellite carriers under statutory license. Comments and Notices of Intent to Participate must be submitted by February 25, 2005. (Read further information.)

Copyright Office Requests Comment on 2005 Cable Statutory License Rate Adjustment Proceeding

The Copyright Office is requesting comment as to whether the 2005 cable statutory license rate adjustment proceeding should take place under the auspices of the Copyright Arbitration Royalty Panel (CARP) system or the new Copyright Royalty Judge (CRJ) system. Comments are due by February 16, 2005. (Read further information.)

United States Files Friend of the Court Brief in "File- Sharing" Case

The Solicitor General has filed an amicus curiae (friend of the court) brief with the Supreme Court on behalf of the United States government, including the Copyright Office. The brief supports the copyright owners who have asked the Court to decide whether the providers of peer-to-peer "file- sharing"software that is used by great numbers of persons to engage in online copyright infringement can be held liable for those acts of infringement. The brief, along with other briefs filed in MGM Studios Inc., et al v. Grokster, Ltd., No. 04-480, is available on the Copyright Office website. (Read the briefs.)