[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]
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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.
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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