[Federal Register Volume 64, Number 103 (Friday, May 28, 1999)] [Notices] [Pages 29077-29078] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 99-13557] ======================================================================= ----------------------------------------------------------------------- OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Docket No. WTO/D-160] WTO Dispute Settlement Proceeding Regarding Section 110(5) of the U.S. Copyright Act AGENCY: Office of the United States Trade Representative. ACTION: Notice; request for comments. ----------------------------------------------------------------------- SUMMARY: The Office of the United States Trade Representative (``USTR'') is providing notice of the request for the establishment of a dispute settlement panel under the Marrakesh Agreement Establishing the World Trade Organization (``WTO''), by the European Communities (the ``EC''), to examine section 110(5) of the U.S. Copyright Act. In this dispute, the EC alleges that section 110(5) is inconsistent with obligations of the United States under the WTO Agreement on Trade- Related Aspects of Intellectual Property Rights. The USTR invites written comments from the public concerning the issues raised in this dispute. DATES: Although the USTR will accept any comments received during the course of the dispute settlement proceedings, comments should be submitted by June 21, 1999, to be assured of timely consideration by the USTR in preparing its final written submission to the panel. ADDRESSES: Comments may be submitted to Sandy McKinzy, Litigation Assistant, Office of Monitoring and Enforcement, Room 122, Attn: U.S.-- Section 110(5) Dispute, Office of the United States Trade Representative, 600 17th Street, NW., Washington, DC 20508. FOR FURTHER INFORMATION CONTACT: Melida N. Hodgson, Associate General Counsel, (202) 395-3582; Claude Burcky, Director of Intellectual Property, (202) 395-6864. SUPPLEMENTARY INFORMATION: Pursuant to section 127(b) of the Uruguay Round Agreements Act (URAA) (19 U.S.C. 3537(b)(1)), the USTR is providing notice that on April 15, 1999, the EC submitted a request for the establishment of a WTO dispute settlement panel to examine section 110(5) of the U.S. Copyright Act, which provides that, under certain conditions, the communication of musical works via a radio or television by certain establishments shall not constitute copyright infringement. The WTO Dispute Settlement Body (``DSB'') will establish a panel for this purpose on May 26, 1999. Major Issues Raised and Legal Basis of the Complaint The EC alleges that Section 110(5), as amended by the Fairness in Music Licensing Act of 1998, violates Article 9(1) of the TRIPS Agreement, which incorporates articles 1 to 21 of the Berne Convention for the Protection of Literary and Artistic Works (the ``Berne Convention''). More specifically, the EC alleges that section 110(5) is inconsistent with Articles 11(1) and 11bis(1) of the Berne Convention which grants authors of literary and artistic works, including musical works, certain exclusive rights. Section 110(5) provides under subparagraph (A) that the communication of a transmission embodying a performance or display of a work by the public reception of the transmission on a single receiving apparatus of a kind commonly used in private homes is not an infringement of copyright unless a direct charge is made to see or hear the transmission, or the transmission thus received is further transmitted to the public. Subparagraph (B) of section 110(5) provides that, under certain conditions relating, inter alia, to the size of the establishment and the number of loudspeakers or audiovisual devices, the communication by an establishment of a transmission or retransmission embodying a performance or display of a nondramatic musical work intended to be received by the general public, originated by a licensed radio or television broadcast station, is not an infringement of copyright. Public Comment: Requirements for Submissions Interested persons are invited to submit written comments concerning the issues in this dispute. Comments must be in English and provided in fifteen copies to Sandy McKinzy at the address provided above. A person requesting that information contained in a comment submitted by that person be treated as confidential business information must certify that such information is business confidential and would not customarily be released to the public by the submitting person. Confidential business information must be clearly marked ``BUSINESS CONFIDENTIAL'' in a contrasting color ink at the top of each page of each copy. Information or advice contained in a comment submitted, other than business confidential information, may be determined by the USTR to be confidential in accordance with section 135(g)(2) of the Trade Act of 1974 (19 U.S.C. 2155(g)(2)). If the submitting person believes that information or advice may qualify as such, the submitting person-- (1) Must so designate the information or advice; (2) Must clearly mark the material as ``SUBMITTED IN CONFIDENCE'' in a contrasting color ink at the top of each page of each copy; and (3) Is encouraged to provide a non-confidential summary of the information or advice. Pursuant to section 127(e) of the URAA (19 U.S.C. 3537(e)), the USTR will maintain a file on this dispute settlement proceeding, accessible to the public, in the USTR Reading Room: Room 101, Office of the United States Trade Representative, 600 17th Street, NW., Washington, DC 20508. The public file will include a listing of any comments received by the USTR from the public with respect to the proceeding; the U.S. submissions to the panel in the proceeding, the submissions, or non-confidential summaries of submissions, to the panel received from other parties in the dispute, as well as the report of the dispute settlement panel, and, if applicable, the report of the Appellate Body. An appointment to review the public file (Docket WTO/D- 160, United States--Section 110(5) of the U.S. Copyright Act) may be made by calling Brenda Webb, (202) 395-6186. The USTR Reading Room is open to the [[Page 29078]] public from 9:30 a.m. to 12 noon and 1 p.m. to 4 p.m., Monday through Friday. A. James Bradley, Assistant U.S. Trade Representative for Monitoring and Enforcement. [FR Doc. 99-13557 Filed 5-27-99; 8:45 am] BILLING CODE 3190-01-M