[Federal Register: March 8, 2002 (Volume 67, Number 46)]

[Proposed Rules]               

[Page 10652-10653]



Copyright Office

37 CFR Part 201

[Docket No. RM 2002-1A]


Notice and Recordkeeping for Use of Sound Recordings under 

Statutory License

AGENCY: Copyright Office, Library of Congress.

ACTION: Extension of comment period.


SUMMARY: The Copyright Office of the Library of Congress is extending 

the time period for filing comments on its Notice of Proposed 

Rulemaking concerning requirements by which copyright owners shall 

receive reasonable notice of the use of their works from digital 

transmission services, and how records of such use shall be kept and 

made available to copyright owners.

DATES: Comments are due no later than April 5, 2002. Reply comments are 

due April 26, 2002.

ADDRESSES: If sent by mail, an original and ten copies of comments and 

reply comments should be addressed to: Copyright Arbitration Royalty 

Panel (CARP), P.O. Box 70977, Southwest Station, Washington, DC 20024. 

If hand delivered, comments and reply comments should be brought to: 

Office of the General Counsel, James Madison Building, Room LM-403, 

First and Independence Ave., SE., Washington, DC 20559-6000.

FOR FURTHER INFORMATION CONTACT: David O. Carson, General Counsel, or 

Tanya M. Sandros, Senior Attorney, Copyright Arbitration Royalty Panel 

(CARP), P.O. Box 70977, Southwest Station, Washington, DC 20024. 

Telephone: (202) 707-8380. Telefax: (202) 252-3423.

SUPPLEMENTARY INFORMATION: A sound recording may be publicly performed 

by means of a digital audio transmission under a statutory license 

provided that the user adheres to the terms of the license and the 

regulations established by the Copyright Office governing notice and 

recordkeeping. See 17 U.S.C. 114. On February 7, 2002, the Copyright

[[Page 10653]]

Office published a Notice of Proposed Rulemaking which announced the 

proposed rules for giving copyright owners reasonable notice that their 

sound recordings are being used under the statutory digital performance 

right license, and set forth rules for maintaining records of use and 

making them available to copyright owners. 67 FR 5761 (February 7, 

2002). The notice also included proposed rules concerning notice and 

recordkeeping requirements associated with the use of a second 

statutory license which provides for the making of the ephemeral 

phonorecords needed to effectuate the transmission of the sound 

recordings. 17 U.S.C. 112.

    On March 1, 2002, counsel for Sirius Satellite Radio Inc., Clear 

Channel Communications, Salem Communications Corp., and the National 

Religious Broadcasters Music License Committee asked the Copyright 

Office to extend the filing deadline for this proceeding. Subsequently, 

the Office was notified that the recording industry and the webcasters 

supported the broadcasters' request for an extension of time. These 

parties seek an extension for filing the requested comments so that 

they can engage in detailed discussions concerning the issues raised in 

the Notice of Proposed Rulemaking.

    In recognition of the complexity of the proposed rulemaking and the 

possibility for productive discussions among interested parties, the 

Office is extending the period for filing comments and replies in this 

proceeding. Comments shall be due on April 5, 2002, and reply comments 

shall be due on Friday, April 26, 2002.

    Dated: March 6, 2002.

Marilyn J. Kretsinger,

Assistant General Counsel.

[FR Doc. 02-5738 Filed 3-7-02; 8:45 am]