Issue 247 - February 8, 2005

Copyright Office Announces Termination of Proceeding and Current Rates

The Copyright Office announces the termination of the proceedings to determine reasonable rates and terms for two compulsory licenses for the period beginning January 1, 2005, and ending on December 31, 2006. One license allows public performances of sound recordings by means of eligible digital audio transmissions. The other permits the making of an ephemeral phonorecord of a sound recording in furtherance of making a permitted public performance of the sound recording. The rates and terms applicable to new subscription services, eligible nonsubscription services, and services that transmit performances to business establishments that were in effect on December 31, 2004, will remain in effect during 2005.

The proceedings are being terminated as required under the Copyright Royalty and Distribution Reform Act of 2004 (the “Act”), Public Law 108-419, 118 Stat. 2341. This Act, which becomes effective on May 31, 2005, eliminates the Copyright Arbitration Royalty Panel (CARP) system and replaces it with three permanent Copyright Royalty Judges. New proceedings to establish rates and terms for these licenses will be initiated by the Copyright Royalty Judges. (Read further information.)