[Federal Register: February 26, 2004 (Volume 69, Number 38)]
[Rules and Regulations]               
[Page 8822]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Copyright Office

37 CFR Part 262

[Docket Nos. 2002-1 CARP DTRA3 and 2001-2 CARP DTNSRA]

Digital Performance Right in Sound Recordings and Ephemeral 

AGENCY: Copyright Office, Library of Congress.

ACTION: Correction to final rule.


SUMMARY: This document corrects an error contained in the definition 
section of the final rule published on February 6, 2004, that set rates 
and terms for the public performance of a sound recording made pursuant 
to a statutory license by means of certain eligible nonsubscription 
transmissions and digital transmissions made by a new subscription 

EFFECTIVE DATE: March 8, 2004.

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: On May 8, 2003, the parties to this rate 
adjustment proceeding presented the Librarian of Congress with a 
settlement proposing the rates and terms for the use of sound 
recordings in eligible nonsubscription transmissions and new 
subscription services pursuant to the section 112 and section 114 
statutory licenses. Section 251.63(b) of title 37 of the Code of 
Federal Regulations allows the Librarian to adopt the parties' proposed 
rates and terms without convening a Copyright Arbitration Royalty Panel 
(``CARP''), provided the proposed rates and terms are published in the 
Federal Register and no interested party with an intent to participate 
in the proceeding files an objection to the proposed rates and/or 
terms. Accordingly, on May 20, 2003, the Copyright Office published the 
proposed regulations for notice and comment. 69 FR 27506 (May 20, 
2003). However, the published document contained an error in Sec.  
262.2(a), which defines the term ``Aggregate Tuning Hours.'' The error 
appeared in the example illustrating the calculation of Aggregate 
Tuning Hours and apparently occurred as the Federal Register conformed 
the document to its style requirements. At that time, the Federal 
Register inadvertently changed the phrase ``If three minutes'' to ``If 
30 minutes.'' This error went undetected; as a result, it also appeared 
in the final rule document published on February 6, 2004. This document 
corrects that error.

List of Subjects in 37 CFR Part 262

    Copyright, Digital audio transmissions, Performance right, Sound 


In FR Doc. 04-2535 appearing on page 5693 in the Federal Register of 
Friday, February 6, 2004, make the following correction:

Sec.  262.2  [Corrected]

On page 5696, in the first column, in paragraph (a), in the tenth line, 
the phrase ``If 30 minutes'' is corrected to read ``If 3 minutes''.

    Dated: February 17, 2004.
Marybeth Peters,
Register of Copyrights.
[FR Doc. 04-3957 Filed 2-25-04; 8:45 am]