News Bulletins from the U.S. Copyright Office
June 20, 2002   Issue 163
subscribe to email version    



In This Issue

Rates and Terms for Webcasting and Ephemeral Recordings


July 1

Expected effective date of Copyright Office fee changes (read details)

July 1

Beginning of 60-day period when, in the absence of a license agreement, a party with a significant interest in establishing reasonable terms and rates for certain statutory licenses may file a petition to initiate a rate setting proceeding. (read details)

October 7

Initiation date should arbitration proceedings be necessary in adjustment of rates and terms for noncommercial educational broadcasting compulsory license.

Determination of the Librarian of Congress on Rates and Terms for Webcasting and Ephemeral Recordings Posted to Website

The Librarian of Congress has accepted the recommendation of the Register of Copyrights and rejected the rates and terms recommended by a Copyright Arbitration Royalty Panel (CARP) for the statutory license for eligible nonsubscription services to perform sound recordings publicly by means of digital audio transmissions ("webcasting") under 17 U.S.C. Section 114 and the statutory license to make ephemeral recordings of sound recordings for use of sound recordings under 17 U.S.C. Section 112.

The most significant difference between the CARP's determination and the Librarian's decision is that the Librarian has abandoned the CARP's two-tiered rate structure of 0.14 cents per performance for "Internet-only" transmissions and 0.07 cents for each retransmission of a performance in an AM/FM radio broadcast, and has decided that the rate of 0.07 cents will apply to both types of transmission. Some of the rates for noncommercial broadcasters have also been decreased, and the fee webcasters and broadcasters must pay for the making of ephemeral recordings has been reduced from 9 percent of the performance fees to 8.8 percent. The minimum payment for business establishment services was increased to $10,000. (Read details.)

The Register's recommendation and the Librarian's order will be available to the public next week.

Past Issues
Fees Expected to Change on July 1 5/31/02

Librarian of Congress Rejects CARP Determination on Webcasting Rates and Terms 5/21/02

Location and Webcast of the Roundtable; Reply Comments Available 5/3/02

Office Waives Regulation in Filing of Claims for Cable and Satellite Royalties 5/1/02

Copyright Office Presents New Website Design 5/1/02

Roundtable Discussion on Notice and Recordkeeping for Use of Sound Recordings under Statutory License 4/16/02

Comments on Notice & Recordkeeping for Webcasting Compulsory License 4/10/02

More Issues . . .