Copyright Office Seeks Comments on Rights of “Making Available” and “Communication to the Public”

The U.S. Copyright Office has published a Federal Register notice requesting written comments on how current U.S. law recognizes and protects “making available” and “communication to the public” rights for copyright holders. Specifically, the Office seeks comments on (1) how the existing bundle of exclusive rights under Title 17 covers the making available and communication to the public rights in the context of digital on-demand transmissions such as peer-to-peer networks, streaming services, and music downloads, as well as more broadly in the digital environment; (2) how foreign laws have interpreted and implemented relevant international treaties providing for these rights; and (3) the feasibility and necessity of amending U.S. law to strengthen or clarify our law in this area. The Office will hold a public roundtable on May 5, 2014, to discuss these topics and to provide a forum for interested parties to address the issues raised by the comments received.

The Notice of Inquiry is available at Written comments are due on or before April 4, 2014. A form to request participation in the public roundtable will be posted at the above website on or about April 7, 2014.