[Federal Register Volume 63, Number 241 (Wednesday, December 16, 1998)]
[Proposed Rules]
[Page 69251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33342]


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LIBRARY OF CONGRESS

Copyright Office

37 CFR Part 201

[Docket No. RM 98-7B]


Notice and Recordkeeping for Making and Distributing Phonorecords

AGENCY: Copyright Office, Library of Congress.

ACTION: Reopening of comment period.

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SUMMARY: The Copyright Office of the Library of Congress is reopening 
the comment period on the requirements by which copyright owners shall 
receive reasonable notice of the use of their works in the making and 
distribution of phonorecords.

DATES: The comment period is reopened until 12 p.m. on December 24, 
1998.

ADDRESSES: If sent by mail, an original and ten copies of the comments 
should be addressed to: David O. Carson, General Counsel, Copyright GC/
I&R, PO Box 70400, Southwest Station, Washington, DC 20024. If hand 
delivered, an original and ten copies of the comments should be brought 
to: Office of the Copyright General Counsel, James Madison Memorial 
Building, Room LM-403, First and Independence Avenue, SE, Washington, 
DC 20559-6000.

FOR FURTHER INFORMATION CONTACT: David O. Carson, General Counsel, or 
Tanya M. Sandros, Attorney Advisor, Copyright GC/I&R, PO Box 70400, 
Southwest Station, Washington, DC 20024. Telephone (202) 707-8380 or 
Telefax (202) 252-3423.

SUPPLEMENTARY INFORMATION: On September 4, 1998, the Copyright Office 
published a notice of inquiry seeking comments on the requirements by 
which copyright owners shall receive reasonable notice of the use of 
their works in the making and distribution of phonorecords. 63 FR 47215 
(September 4, 1998). The Digital Performance Right in Sound Recordings 
Act of 1995, Pub. L. 104-39, 109 Stat. 336, requires the Librarian of 
Congress to establish these regulations to ensure proper payment to 
copyright owners for the use of their works. 17 U.S.C. 115(c)(3)(D). 
Comments were timely filed by the American Society of Composers, 
Authors and Publishers (ASCAP), Broadcast Music, Inc. (BMI), and the 
National Music Publishers' Association, Inc. (NMPA) and the Recording 
Industry Association of America, Inc. (RIAA). Reply comments were due 
to be filed on November 18, 1998. On November 27, 1998, the Office 
granted a request to reopen the reply comment period; under the 
reopened deadline, reply comments were due to be filed on December 11, 
1998. 63 FR 65567 (November 27, 1998). Although the November 27 Federal 
Register notice reopened the reply comment period, the Office 
recognizes that submissions filed in accordance with that notice would 
have been so substantive in nature as to constitute comments and not 
reply comments.
    In response to requests for additional time and in light of the 
complexity of the issues involved in the adoption of notice and 
recordkeeping procedures for the making and distribution of 
phonorecords and the substantive nature of the comments to be filed, 
the Office agrees that it is appropriate to grant additional time for 
all interested parties to file their comments. Thus, the Office sets 
the reopened deadline for the filing of comments to 12 p.m. on December 
24, 1998. Parties who have previously filed comments may supplement 
those comments if they desire.
    The Office will not, however, be reopening the reply comment 
period. Instead, after the filing of comments, the Office will publish 
in the Federal Register either a notice of proposed rulemaking, with a 
notice and comment period, or an interim rule, seeking comment.

    Dated: December 11, 1998.
David O. Carson,
General Counsel.
[FR Doc. 98-33342 Filed 12-15-98; 8:45 am]
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