[Federal Register: January 31, 2002 (Volume 67, Number 21)]
[Proposed Rules]               
[Page 4694-4695]


Copyright Office

37 CFR Part 255

[Docket No. RM 2000-7B]

Mechanical and Digital Phonorecord Delivery Compulsory 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 additional comments on its Notice of Inquiry 
concerning the interpretation and application of the copyright laws to 
certain kinds of digital transmissions of prerecorded musical works in 
light of an agreement between the Recording Industry Association of 
America, Inc., the National Music Publishers Association, and The Harry 
Fox Agency. The due date for reply comments remains unchanged.

DATES: Comments are due no later than February 6, 2002. Reply comments 
are due February 27, 2002.

ADDRESSES: If sent by mail, an original and ten copies of the reply 
comments should be addressed to: Copyright Arbitration Royalty Panel 
(CARP), P.O. Box 70977, Southwest Station, Washington, D.C. 20024. If 
hand delivered, the reply comments, they should be brought to: Office 
of the General Counsel, James Madison Building, Room LM-403, First and 
Independence Ave., SE, Washington, D.C. 20559-6000.

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.



    On March 9, 2001, the Copyright Office published a Notice of 
Inquiry in which it requested comments on the interpretation and 
application of the copyright law to certain kinds of digital 
transmissions of musical works. 66 FR 14099 (March 9, 2001). 
Subsequently, the Recording Industry of America, Inc. (``RIAA''), the 
National Music Publishers Association (``NMPA'') and The Harry Fox 
Agency (``HFA'') negotiated a private agreement which addressed the 
application of the mechanical compulsory license, as set forth in the 
Copyright Act, 17 U.S.C. 115, to two specific types of services 
discussed in the initial Notice of Inquiry and filed the agreement with 
the Copyright Office as part of this proceeding.
    On December 14, 2001, the Copyright Office published a request for 
additional comments on its March 9 Notice of Inquiry in light of the 
RIAA/NMPA/HFA agreement (67 FR 64783). On January 28, 2002, the date 
comments were due, RIAA and NMPA filed a joint request for more time to 
fill the requested comments. These parties stated that at the last 
moment they identified questions that had not been fully appreciated or 
addressed in their respective comments. They expressed concern that 
failure to address these issues could be misinterpreted and asked for a 
two week extension to draft more comprehensive comments. Moreover, as 
the parties to the Agreement that is the subject of the request for 
additional comments, these parties argue that ``it would benefit the 
record, any other commenting parties, and the public--and narrow the 
range of issues to be presented to the Copyright Office--if [they] were 
afforded an opportunity to address these questions.''
    Although it is not uncommon for the Office to grant extensions when 
a party has made a showing of need, it is reluctant to do so when the 
request is made on the day of the filing deadline, since it is very 
disruptive and unfair to those who have met the deadline. However, 
because NMPA and RIAA are the parties to the agreement that is the 
subject of the request for additional comments, the Office believes it 
is important to obtain their comments in the first round. Therefore, 
the date for filing the requested comments has been extended. Comments 
are now due no later than Wednesday, February 6, 2002. There shall be 
no further extension of this deadline. The date for filing reply 
comments remains unchanged. Reply comments shall be due on Wednesday, 
February 27, 2002.

[[Page 4695]]

    Dated: January 29, 2002.
David O. Carson,
General Counsel.
[FR Doc. 02-2503 Filed 1-30-02; 8:45 am]