Notice and Recordkeeping for Digital Transmission of Sound Recordings Under Statutory License

[Federal Register Volume 64, Number 177 (Tuesday, September 14, 1999)]
[Rules and Regulations]
[Page 49671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-23908]


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LIBRARY OF CONGRESS

Copyright Office

37 CFR Part 201

[Docket No. RM 96-3C]


Notice and Recordkeeping for Digital Transmission of Sound 
Recordings Under Statutory License

AGENCY: Copyright Office, Library of Congress.

ACTION: Interim rule amendment.

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SUMMARY: The Copyright Office of the Library of Congress is amending 
the regulation that requires the filing of an initial notice of digital 
transmissions of sound recordings under statutory license with the 
Copyright Office to state that a suggested format for the Initial 
Notice will be posted on the Office's website, in an effort to better 
ensure that Initial Notices filed with the Office fully comply with the 
regulation.

DATES: Effective September 14, 1999.

FOR FURTHER INFORMATION CONTACT: David O. Carson, General Counsel, or 
Tanya M. Sandros, Attorney Advisor, Copyright GC/I&R, P.O. Box 70400, 
Southwest Station, Washington, D.C. 20024. Telephone: (202) 707-8380. 
Telefax: (202) 707-8366.

SUPPLEMENTARY INFORMATION:

Background

    On November 1, 1995, Congress enacted the Digital Performance Right 
in Sound Recordings Act of 1995 (``DPRA''), Pub. L. 104-39, 109 Stat. 
336 (1995). The DPRA gave to sound recording copyright owners an 
exclusive right to perform their works publicly by means of a digital 
audio transmission subject to a statutory license. 17 U.S.C. 106(6); 17 
U.S.C. 114.
    The statutory license requires adherence to regulations under which 
copyright owners may receive reasonable notice of use of their sound 
recordings under the statutory license and under which entities 
performing the sound recordings shall keep and make available records 
of such use. 17 U.S.C. 114(f)(2). On May 13, 1996, the Copyright Office 
initiated a rulemaking proceeding to promulgate regulations to govern 
the notice and recordkeeping requirements. 61 FR 22004 (May 13, 1996). 
This rulemaking concluded with the issuance of interim rules to govern 
the filing of an initial notice of digital transmissions of sound 
recordings under statutory license, 37 CFR 201.35, and the filing of 
reports of use of sound recordings under statutory license, 37 CFR 
201.36. See 63 FR 34289 (June 24, 1998).
    Since promulgation of the interim rules, several entities have 
filed Initial Notices with the Copyright Office in accordance with 
Sec. 201.35. However, the majority of these Initial Notices have not 
provided all of the information required under Sec. 201.35. As stated 
in Sec. 201.35(c), ``[t]he Copyright Office does not provide printed 
forms for the filing of Initial Notices.'' However, the Copyright 
Office is amending this section to state that a suggested format for 
the Initial Notice will be posted on the Copyright Office website, in 
an effort to better ensure that Initial Notices filed with the Office 
provide all of the information required under Sec. 201.35.

List of Subjects in 37 CFR Part 201

    Copyright.

Regulations

    For the reasons set forth in the preamble, part 201 of title 37 of 
the Code of Federal Regulations is amended as follows:

PART 201--GENERAL PROVISIONS

    1. The authority citation for part 201 continues to read as 
follows:

    Authority: 17 U.S.C. 702.

Sec. 201.35  [Amended]

    2. Section 201.35(c) is amended by removing ``The Copyright Office 
does not provide printed forms for the filing of Initial Notices.'' and 
adding in its place ``A suggested format for the Initial Notices may be 
found on the Copyright Office website.''

    Dated: August 19, 1999.
Marybeth Peters,
Register of Copyrights.
    Approved by:
James H. Billington,
The Librarian of Congress.
[FR Doc. 99-23908 Filed 9-13-99; 8:45 am]
BILLING CODE 1410-31-P