[Federal Register Volume 67, Number 46 (Friday, March 8, 2002)]
[Proposed Rules]
[Pages 10652-10653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-5738]


=======================================================================
-----------------------------------------------------------------------

LIBRARY OF CONGRESS

Copyright Office

37 CFR Part 201

[Docket No. RM 2002-1A]


Notice and Recordkeeping for Use of Sound Recordings under 
Statutory License

AGENCY: Copyright Office, Library of Congress.

ACTION: Extension of comment period.

-----------------------------------------------------------------------

SUMMARY: The Copyright Office of the Library of Congress is extending 
the time period for filing comments on its Notice of Proposed 
Rulemaking concerning requirements by which copyright owners shall 
receive reasonable notice of the use of their works from digital 
transmission services, and how records of such use shall be kept and 
made available to copyright owners.

DATES: Comments are due no later than April 5, 2002. Reply comments are 
due April 26, 2002.

ADDRESSES: If sent by mail, an original and ten copies of comments and 
reply comments should be addressed to: Copyright Arbitration Royalty 
Panel (CARP), P.O. Box 70977, Southwest Station, Washington, DC 20024. 
If hand delivered, comments and reply comments should be brought to: 
Office of the General Counsel, James Madison Building, Room LM-403, 
First and Independence Ave., SE., Washington, DC 20559-6000.

FOR FURTHER INFORMATION CONTACT: David O. Carson, General Counsel, or 
Tanya M. Sandros, Senior Attorney, Copyright Arbitration Royalty Panel 
(CARP), P.O. Box 70977, Southwest Station, Washington, DC 20024. 
Telephone: (202) 707-8380. Telefax: (202) 252-3423.

SUPPLEMENTARY INFORMATION: A sound recording may be publicly performed 
by means of a digital audio transmission under a statutory license 
provided that the user adheres to the terms of the license and the 
regulations established by the Copyright Office governing notice and 
recordkeeping. See 17 U.S.C. 114. On February 7, 2002, the Copyright

[[Page 10653]]

Office published a Notice of Proposed Rulemaking which announced the 
proposed rules for giving copyright owners reasonable notice that their 
sound recordings are being used under the statutory digital performance 
right license, and set forth rules for maintaining records of use and 
making them available to copyright owners. 67 FR 5761 (February 7, 
2002). The notice also included proposed rules concerning notice and 
recordkeeping requirements associated with the use of a second 
statutory license which provides for the making of the ephemeral 
phonorecords needed to effectuate the transmission of the sound 
recordings. 17 U.S.C. 112.
    On March 1, 2002, counsel for Sirius Satellite Radio Inc., Clear 
Channel Communications, Salem Communications Corp., and the National 
Religious Broadcasters Music License Committee asked the Copyright 
Office to extend the filing deadline for this proceeding. Subsequently, 
the Office was notified that the recording industry and the webcasters 
supported the broadcasters' request for an extension of time. These 
parties seek an extension for filing the requested comments so that 
they can engage in detailed discussions concerning the issues raised in 
the Notice of Proposed Rulemaking.
    In recognition of the complexity of the proposed rulemaking and the 
possibility for productive discussions among interested parties, the 
Office is extending the period for filing comments and replies in this 
proceeding. Comments shall be due on April 5, 2002, and reply comments 
shall be due on Friday, April 26, 2002.

    Dated: March 6, 2002.
Marilyn J. Kretsinger,
Assistant General Counsel.
[FR Doc. 02-5738 Filed 3-7-02; 8:45 am]
BILLING CODE 1410-31-P