Copyright Office Requests Comments Regarding
Broadcasters' Motion for Stay of Final Rule Regarding Scope of Broadcasters'
Exemption From Digital Performance Right
The Copyright Office is seeking comments on
a motion by Bonneville International Corp., Clear Channel Communications,
Inc., Cox Radio, Inc., Emmis Communications Corp., Entercom Communications
Corp., Salem Communications Corp., Susquehanna Radio Corp. and the
National Association of Broadcasters requesting a stay of the Register
of Copyrights' December 11, 2000 final rule, 65
FR 77330 (December 11, 2000), which clarified that a retransmission
of an AM/FM program over the Internet is subject to the digital
performance right. The motion requests a stay of the final rule
"to the extent that its application would otherwise require
thousands of radio stations across the nation to pay retrospective
royalties covering a four year period on October 20, 2002, and thereafter
to make royalty payments on a monthly basis for broadcasting transmissions
that Broadcasters contend are exempt from any such obligation pursuant
to 17 U.S.C. §114(d)(1)(A)."
A Federal Register notice will be published
September 17, 2002, offering any person with an interest in this
proceeding an opportunity to comment on the motion. (Read notice
or motion to stay.)
Oppositions to the motion are due in the
Copyright Office no later than close of business on Tuesday, September
24, 2002. Replies are due no later than Friday, September 27, 2002.
All responsive filings must be hand delivered to the Office of the
General Counsel, James Madison Memorial Building, LM-403, First
and Independence Avenue, S.E., Washington, D.C. 20540.