[Federal Register Volume 71, Number 209 (Monday, October 30, 2006)]
[Rules and Regulations]
[Page 63247]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-18239]


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LIBRARY OF CONGRESS

Copyright Office

37 CFR Part 201

[Docket No. RM 2005-11]


Exemption to Prohibition on Circumvention of Copyright Protection 
Systems for Access Control Technologies

AGENCY: Copyright Office, Library of Congress.

ACTION: Interim Rule.

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SUMMARY: The Librarian of Congress is extending, on an interim basis, 
the existing classes of works with respect to which the prohibition 
against circumvention of technological measures that effectively 
control access to copyrighted works shall not apply to persons who 
engage in noninfringing uses.

DATES: Effective Date: October 28, 2006.

FOR FURTHER INFORMATION CONTACT: David Carson, General Counsel, 
Copyright Office, GC/I&R, P.O. Box 70400, Southwest Station, 
Washington, DC 20024. Telephone: (202) 707-8380. Telefax: (202) 707-
8366.

SUPPLEMENTARY INFORMATION: Section 1201(a)(1) of the copyright law 
prohibits the circumvention of technological measures that control 
access to works protected by copyright. It also provides that every 
three years, the Register of Copyrights is to conduct a rulemaking 
proceeding to determine whether users of particular classes of 
copyrighted works are, or in the next three years are likely to be, 
adversely affected by that prohibition in their ability to make 
noninfringing uses of copyrighted works. That determination is made by 
the Librarian of Congress upon the recommendation of the Register of 
Copyrights. Section 1201(a)(1)(D) provides that ``The Librarian shall 
publish any class of copyrighted works for which the Librarian has 
determined, pursuant to the rulemaking conducted under subparagraph 
(C), that noninfringing uses by persons who are users of a copyrighted 
work are, or are likely to be, adversely affected, and the prohibition 
contained in subparagraph (A) shall not apply to such users with 
respect to such class of works for the ensuing 3-year period.''
    The Register of Copyrights is conducting the third of these 
triennial rulemaking proceedings and is in the final stages of making 
her recommendation to the Librarian of Congress. The rulemaking 
conducted in 2003 identified four classes of works to be subject to 
exemption from the prohibition on circumvention for the period 
beginning October 28, 2003, and ending October 27, 2006. Because the 
Register will not be able to present her recommendation to the 
Librarian of Congress before October 27, it is necessary to extend the 
effective dates of the existing regulation identifying those classes of 
works until the time that the Librarian acts upon the recommendation of 
the Register. It is anticipated that this extension will be in effect 
for no more than a few weeks.
    Accordingly, the Register of Copyrights recommends to the Librarian 
of Congress that the existing regulation, codified at 37 CFR 201.40(b), 
be amended on an interim basis to strike the reference to the October 
27, 2006, termination date for the list of classes of works identified 
in the regulation.
    Dated: October 25, 2006
Marybeth Peters
Register of Copyrights
    The Librarian of Congress accepts the recommendation of the 
Register of Copyrights and adopts the following interim rule.

List of Subjects in 37 CFR Part 201

    Cable television, Copyright, Exemptions to prohibition against 
circumvention, Literary works, Recordings, Satellites.

Interim Regulation

0
For the reasons set forth in the preamble, 37 CFR part 201 is amended 
as follows:

PART 201--GENERAL PROVISIONS

0
1. The authority citation for part 201 continues to read as follows:

    Authority: 17 U.S.C. 702.


Sec.  201.40  [Amended]

0
2. Section 201.40(b) introductory text is amended by removing ``from 
October 28, 2003, through October 27, 2006,'' and adding in its place 
``commencing October 28, 2003,''.

    Dated: October 25, 2006.
James H. Billington,
Librarian of Congress.
[FR Doc. E6-18239 Filed 10-27-06; 8:45 am]
BILLING CODE 1410-30-S