[Federal Register Volume 65, Number 108 (Monday, June 5, 2000)]
[Notices]
[Pages 35673-35675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-14001]


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LIBRARY OF CONGRESS

The United States Copyright Office

DEPARTMENT OF COMMERCE

National Telecommunications and Information Administration

[Docket No. 000522150-0150-01]
RIN 0660-ZA13


Report to Congress Pursuant to Section 104 of the Digital 
Millennium Copyright Act

AGENCIES: The United States Copyright Office, Library of Congress; and 
the National Telecommunications and Information Administration, United 
States Department of Commerce.

ACTION: Request for public comment.

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SUMMARY: The United States Copyright Office and the National 
Telecommunications and Information Administration invite interested 
parties to submit comments on the effects of the amendments made by 
title 1 of the Digital Millennium Copyright Act, (``DMCA'') and the 
development of electronic commerce on the operation of sections 109 and 
117 of title 17, United States Code, and the relationship between 
existing and emerging technology and the operation of such sections.
    Section 104 of the DMCA directs the Register of Copyrights and the 
Assistant Secretary for Communications and Information of the 
Department of Commerce to submit to the Congress no later than 24 
months after the date of enactment a report evaluating the effects of 
the amendments made by title 1 of the Act and the development of 
electronic commerce and associated technology on the operation of 
sections 109 and 117 of title 17, United States Code, and the 
relationship between existing and emerging technology and the operation 
of those sections. This Federal Register Notice is intended to solicit 
comments from interested parties.

DATES: Comments must be received by August 4, 2000. Reply comments must 
be received by September 5, 2000.

ADDRESSES: The Copyright Office and the National Telecommunications and 
Information Administration invite the public to submit written comments 
in electronic form by electronic mail or on diskette. See SUPPLEMENTARY 
INFORMATION for file formats and other information about electronic 
filing.
    Comments submitted by electronic mail should be sent to both 
[email protected] and [email protected]. E-mail comments should be 
submitted as file attachments in one of the formats specified under 
SUPPLEMENTARY INFORMATION and should be sent to both the Copyright 
Office and National Telecommunications and Information Administration 
addresses.
    Comments sent by regular mail may be sent to Jesse M. Feder, Policy 
Planning Advisor, Office of Policy and International Affairs, U.S. 
Copyright Office, Copyright GC/I&R, P.O. Box 70400, Southwest Station, 
Washington, DC 20024; and Jeffrey E.M. Joyner, Senior Counsel, Office 
of Chief Counsel, National Telecommunications and Information 
Administration (NTIA), Room 4713, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW, Washington, DC 20230. Paper 
submissions should include a version on diskette in one of the formats 
specified under SUPPLEMENTARY INFORMATION. Comments should be sent to 
both the Copyright Office and National Telecommunications and 
Information Administration addresses.

FOR FURTHER INFORMATION CONTACT: Jesse M. Feder, Office of Policy and 
International Affairs, U.S. Copyright Office, Library of Congress (202) 
707-8350 and Jeffrey E.M. Joyner, National Telecommunications and 
Information Administration (202) 482-1816.

SUPPLEMENTARY INFORMATION:

File Formats and Required Information

    Comments and reply comments may be submitted in electronic form, in 
one of the following formats:
    1. If by electronic mail: Send to ``[email protected]'' and 
``[email protected]'' a message containing the name of the person 
making the submission, his or her title and organization (if the 
submission is on behalf of an organization), mailing address, telephone 
number, telefax number (if any) and e-mail address. The message should 
also identify the document clearly as either a comment or reply 
comment. The document itself must be sent as a MIME attachment, and 
must be in a single file in either: (1) Adobe Portable Document File 
(PDF) format (preferred); (2) Microsoft Word Version 7.0 or earlier; 
(3) WordPerfect 7 or earlier; (4) Rich Text File (RTF) format; or (5) 
ASCII text file format.
    2. If by regular mail or hand delivery: Send, to the appropriate 
address listed above, two copies of the comment, each on a 3.5-inch 
write-protected diskette, labeled with the name of the person making 
the submission and, if applicable, his or her title and organization.

[[Page 35674]]

    Either the document itself or a cover letter must also include the 
name of the person making the submission, his or her title and 
organization (if the submission is on behalf of an organization), 
mailing address, telephone number, telefax number (if any) and e-mail 
address (if any). The document itself must be in a single file in 
either (1) Adobe Portable Document File (PDF) format (preferred); (2) 
Microsoft Word Version 7.0 or earlier; (3) WordPerfect Version 7 or 
earlier; (4) Rich Text File (RTF) format; or (5) ASCII text file 
format.
    3. If by print only: Anyone who is unable to submit a comment in 
electronic form should submit an original and two paper copies by hand 
or by mail to the appropriate address listed above. It may not be 
feasible for the Copyright Office and the National Telecommunications 
and Information Administration to place these comments on their 
respective websites.

Background

    On October 28, 1998, the Digital Millennium Copyright Act 
(``DMCA'') was enacted into law (Pub. L. No. 105-304, 112 Stat. 2860). 
Section 104 of the DMCA directs the Register of Copyrights and the 
Assistant Secretary for Communications and Information of the 
Department of Commerce to submit to the Congress no later than 24 
months after the date of enactment a report evaluating the effects of 
the amendments made by title 1 of the Act and the development of 
electronic commerce and associated technology on the operation of 
sections 109 and 117 of title 17, United States Code, and the 
relationship between existing and emerging technology and the operation 
of those sections. This Federal Register Notice is intended to solicit 
comments from interested parties on those issues.
    The objective of title I of the DMCA was to revise U.S. law to 
comply with two World Intellectual Property Organization (WIPO) 
Treaties that were concluded in 1996 and to strengthen protection for 
copyrighted works in electronic formats. The DMCA establishes 
prohibitions on the act of circumventing technological measures that 
effectively control access to a work protected under the U.S. Copyright 
Act, and the manufacture, importation, offering to the public, 
providing or otherwise trafficking in any technology, product, service, 
device, component or part thereof which is primarily designed or 
produced to circumvent a technological measure that effectively 
controls access to or unauthorized copying of a work protected by 
copyright, has only a limited commercially significant purpose or use 
other than circumvention of such measures, or is marketed for use in 
circumventing such measures. The DMCA also makes it illegal for a 
person to manufacture, import, offer to the public, provide, or 
otherwise traffic in any technology, product, service, device, 
component or part thereof which is primarily designed or produced to 
circumvent a technological measure that effectively protects a right of 
a copyright owner in a work protected by copyright, has only a limited 
commercially significant purpose or use other than circumvention of 
such measures, or is marketed for use in circumventing such measures. 
In addition the DMCA prohibits, among other actions, intentional 
removal or alteration of copyright management information and knowing 
addition of false copyright management information if these acts are 
done with intent to induce, enable, facilitate or conceal a copyright 
infringement. Each prohibition is subject to a number of statutory 
exceptions.
    Section 109 of the Copyright Act, 17 U.S.C. 109, permits the owner 
of a particular copy or phonorecord lawfully made under title 17 to 
sell or otherwise dispose of possession of that copy or phonorecord 
without the authority of the copyright owner, notwithstanding the 
copyright owner's exclusive right of distribution under 17 U.S.C. 
106(3). Commonly referred to as the ``first sale doctrine,'' this 
provision permits such activities as the sale of used books. The first 
sale doctrine is subject to limitations that permit a copyright owner 
to prevent the unauthorized commercial rental of computer programs and 
sound recordings.
    Section 117 of the Copyright Act, 17 U.S.C. 117, permits the owner 
of a copy of a computer program to make a copy or adaptation of the 
program for archival purposes or as an essential step in the 
utilization of the program in conjunction with a machine. In addition, 
pursuant to an amendment contained in title III of the DMCA, section 
117 permits the owner or lessee of a machine to make a temporary copy 
of a computer program if such copy is made solely by virtue of the 
activation of a machine that lawfully contains an authorized copy of 
the computer program, for purposes of maintenance or repair of that 
machine.

Specific Questions

    The United States Copyright Office and the National 
Telecommunications and Information Administration of the United States 
Department of Commerce seek comment on the following specific 
questions. Parties need not address all questions, but are encouraged 
to respond to those for which they have particular knowledge or 
information.
1. Section 109
    (a) What effect, if any, has the enactment of prohibitions on 
circumvention of technological protection measures had on the operation 
of the first sale doctrine?
    (b) What effect, if any, has the enactment of prohibitions on 
falsification, alteration or removal of copyright management 
information had on the operation of the first sale doctrine?
    (c) What effect, if any, has the development of electronic commerce 
and associated technology had on the operation of the first sale 
doctrine?
    (d) What is the relationship between existing and emergent 
technology, on one hand, and the first sale doctrine, on the other?
    (e) To what extent, if any, is the first sale doctrine related to, 
or premised on, particular media or methods of distribution?
    (f) To what extent, if any, does the emergence of new technologies 
alter the technological premises (if any) upon which the first sale 
doctrine is established?
    (g) Should the first sale doctrine be expanded in some way to apply 
to digital transmissions? Why or why not?
    (h) Does the absence of a digital first sale doctrine under present 
law have any measurable effect (positive or negative) on the 
marketplace for works in digital form?
1. Section 117
    (a) What effect, if any, has the enactment of prohibitions on 
circumvention of technological protection measures had on the operation 
of section 117?
    (b) What effect, if any, has the enactment of prohibitions on 
falsification, alteration or removal of copyright management 
information had on the operation of section 117?
    (c) What effect, if any, has the development of electronic commerce 
and associated technology had on the operation of section 117?
    (d) What is the relationship between existing and emergent 
technology, on one hand, and section 117, on the other?
    (e) To what extent, if any, is section 117 related to, or premised 
on, any particular technology?
    (f) To what extent, if any, does the emergence of new technologies 
alter the technological premises (if any) upon which section 117 is 
established?

[[Page 35675]]

2. General
    (a) Are there any additional issues that should be considered? If 
so, what are they and what are your views on them?
    (b) Do you believe that hearings would be useful in preparing the 
required report to Congress? If so, do you wish to participate in any 
hearings?
    Information collected from responses to this Federal Register 
Notice will be considered when preparing the required report for 
Congress.

    Dated: May 16, 2000.
Marybeth Peters,
Register of Copyrights, United States Copyright Office.
Kathy D. Smith,
Chief Counsel, National Telecommunications and Information 
Administration.
[FR Doc. 00-14001 Filed 6-2-00; 8:45 am]
BILLING CODE 1410-30-P