Copyright Office
Issue No. 358 - January 22, 2009

The Register of Copyrights has issued her decision today identifying and correcting erroneous resolutions on material questions of substantive law under title 17 that underlie or are contained in the final determination of the Copyright Royalty Judges (CRJs) regarding adjustment of reasonable rates and terms of royalty payments for the making and distribution of phonorecords of musical works. Docket No. 2006-3 CRB DPRA, Final Determination of Rates and Terms, setting rates and terms for phonorecords, ringtones, digital downloads, digital phonorecord deliveries, limited downloads, and interactive streams (issued November 24, 2008). The Register concludes that the Copyright Royalty Judges erroneously did not refer two novel questions of law as required under the statute; that they were in error in their conclusions regarding both their and the Register’s authority to review regulations submitted to them under an agreement by the participants; and that their conclusion that they could not review the agreement submitted by the participants led to the inclusion of regulations that constitute erroneous resolution by the CRJs of material questions of substantive law under title 17. The Register’s decision corrects such errors and shall be made part of the record of the proceeding (Docket No. 2006-3 CRB DPRA).

The final determination of the CRJs and the Register’s decision have been submitted to the Federal Register for simultaneous publication on January 26, 2009. (Read further information.)