[Federal Register: December 11, 2000 (Volume 65, Number 238)]
[Notices]
[Page 77393-77394]
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LIBRARY OF CONGRESS
Copyright Office
[Docket No. 2000-9 CARP DTRA1 & 2]
Digital Performance Right in Sound Recordings and Ephemeral
Recordings
AGENCY: Copyright Office, Library of Congress.
ACTION: Notices of intent to participate; Announcement of
precontroversy discovery schedule.
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SUMMARY: Due to the ruling by the Copyright Office that broadcasters
are not exempt from copyright liability when they retransmit over the
Internet copyrighted works contained on their AM and FM radio signals,
the Library of Congress is providing an additional time period for
filing Notices of Intent to Participate in the above-captioned
consolidated proceedings. In addition, the Library is announcing the
precontroversy discovery schedule for these consolidated proceedings.
DATES: Notices of Intent to Participate are due no later than January
10, 2001.
ADDRESSES: An original and five copies of a Notice of Intent to
Participate should be delivered to: Office of the General Counsel,
Copyright Office, James Madison Building, Room LM-403, First and
Independence Avenue, SE, Washington, DC 20559-6000; or mailed to:
Copyright Arbitration Royalty Panel (CARP), P.O. Box 70977, Southwest
Station, Washington, DC 20024.
FOR FURTHER INFORMATION CONTACT: David O. Carson, General Counsel, or
Tanya M. Sandros, Senior Attorney, Copyright Arbitration Royalty Panel,
P.O. Box 70977, Southwest Station, Washington, DC 20024. Telephone
(202) 707-8380. Telefax (202) 252-3423.
SUPPLEMENTARY INFORMATION: In today's Federal Register the Copyright
Office announces a final rule in Docket No. RM 2000-3 concerning the
definition of a ``Service'' for purposes of the statutory license
governing the public performance of sound recordings by means of
digital audio transmissions. The Office has determined that
broadcasters retransmitting copyrighted programming contained on their
AM and FM radio signals over digital communications networks, such as
the Internet, are not exempt from copyright liability under section
114(d)(1)(A) of the Copyright Act. Because such retransmissions are not
exempt, a public performance of a copyrighted work contained on a radio
signal occurs each time it is retransmitted over a digital
communications network, such as the Internet. Consequently,
broadcasters must license the copyrights to the programming contained
on such radio signals.
Licensing may be accomplished in one of two ways, depending upon
the nature of the retransmissions. Broadcasters may enter into private
licensing arrangements with the copyright holders of the programming
they wish to retransmit. Or, broadcasters may be eligible for the
statutory licenses under sections 114(f) and 112(e) of the Copyright
Act to retransmit the works. The Library of Congress is currently
conducting Copyright Arbitration Royalty Panel (CARP) proceedings to
establish royalty rates and terms for these licenses.
Because today's rulemaking proceeding makes clear that broadcasters
are not exempt, those broadcasters who intend to use the section 114(f)
and 112(e) licenses may wish to participate in these CARP proceedings.
The time periods for filing Notices of Intent to Participate in this
proceeding, however, has passed. See 64 FR 52107 (September 27, 1999)
(1998-2000 period) and 65 FR 55302 (September 13, 2000) (2001-2002
period). The Library has determined that, given the uncertainty
surrounding today's rulemaking decision, it is appropriate to reopen
the filing period for a limited time to allow additional participants
in these proceedings.
Notices of Intent To Participate
Any interested party that has not filed a Notice of Intent to
Participate in the rate proceeding for 1998-2000 or the rate proceeding
for 2001-2002 may do so on or before January 10, 2001. The Notice of
Intent to Participate should clearly specify whether it applies to the
1998-2000 proceeding, the 2001-2002 proceeding, or both. Failure to
submit a
[[Page 77394]]
timely filed Notice will preclude a party from participating in these
proceedings.
Consolidation of Proceedings
Concurrent with today's Federal Register publication, the Library
is issuing an Order consolidating the 1998-2000 and 2001-2002
proceedings before a single CARP. The consolidation order may be found
on the Copyright Office's website at
http://www.copyright.gov/carp/114schedule.html.
Parties wishing to participate in the CARP
proceedings should familiarize themselves with the contents of this
Order.
In consolidating these two proceedings, the Office has assigned a
single docket number applicable to both proceedings. Parties submitting
documents to the Copyright Office should take account of the new docket
number.
Schedule of Proceedings
The consolidation Order described above also announces the
precontroversy discovery schedule for the CARP proceedings. For
convenience, the schedule is repeated here.
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Action Date
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Negotiated Protective Order............... February 1, 2001.
Filing of Written Direct Cases............ February 5, 2001.
Requests for Underlying Documents......... February 14, 2000.
Related to Written Direct Cases...........
Responses to Requests for Underlying February 21, 2001.
Documents.
Completion of Document Production......... February 26, 2001.
Follow-up Requests for Underlying March 2, 2001.
Documents.
Responses to Follow-up Requests........... March 8, 2001.
Motions Related to Document Production.... March 12, 2001.
Production of Documents in Response to March 16, 2001.
Follow-up Requests.
All Other Motions, Petitions and March 21, 2001.
Objections.
Initiation of Arbitration................. May 21, 2001.
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Dated: December 6, 2000.
David O. Carson,
General Counsel.
[FR Doc. 00-31459 Filed 12-8-00; 8:45 am]
BILLING CODE 1410-33-P