[Federal Register Volume 80, Number 69 (Friday, April 10, 2015)]
[Proposed Rules]
[Pages 19255-19256]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-08255]



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LIBRARY OF CONGRESS

U.S. Copyright Office

37 CFR Part 201

[Docket No. 2014-07]


Notice of Public Hearings: Exemption to Prohibition on 
Circumvention of Copyright Protection Systems for Access Control 
Technologies

AGENCY: U.S. Copyright Office, Library of Congress.

ACTION: Notice of public hearings.

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SUMMARY: The United States Copyright Office will be holding public 
hearings as part of the sixth triennial rulemaking proceeding under the 
Digital Millennium Copyright Act (``DMCA'') concerning possible 
exemptions to the DMCA's prohibition against circumvention of 
technological measures that control access to copyrighted works. The 
public hearings will be held in May 2014 in Los Angeles, California and 
Washington, DC. Parties interested in testifying at the public hearings 
are invited to submit requests to testify pursuant to the instructions 
set forth below.

DATES: The public hearings in Los Angeles are scheduled for May 19, 20 
and 21, 2015, on each day from 9:00 a.m. to 5:00 p.m. The public 
hearings in Washington, DC are scheduled for May 26, 27, 28 and 29, 
2015, on each day from 9:00 a.m. to 5:00 p.m. Requests to testify must 
be received by Monday, April 20, 2015. Once the schedule of hearing 
witnesses is finalized, the Office will notify all participants and 
post the times and dates of the hearings at http://www.copyright.gov/1201/.

ADDRESSES: The Los Angeles hearings will be held in Room 1314 of the 
UCLA School of Law, 385 Charles E. Young Drive East, Los Angeles, CA 
90095. The Washington, DC hearings will be held in the Mumford Room of 
the James Madison Building of the Library of Congress, 101 Independence 
Ave. SE., Washington, DC 20540. Requests to testify should be submitted 
through the request form available at http://www.copyright.gov/1201/hearing-request/. Any person who is unable to send a request via the 
Web site should contact the Office using the contact information below 
to make an alternative arrangement for submission of a request to 
testify. The SUPPLEMENTARY INFORMATION section below includes 
additional instructions on submitting requests to testify.

FOR FURTHER INFORMATION CONTACT: Sarang V. Damle, Deputy General 
Counsel, at [email protected] or by telephone at 202-707-8350; or Stephen 
Ruwe, Assistant General Counsel, by email at [email protected] or by 
telephone at 202-707-8350.

SUPPLEMENTARY INFORMATION: On September 17, 2014, the Copyright Office 
published a Notice of Inquiry in the Federal Register to initiate the 
sixth triennial rulemaking proceeding under 17 U.S.C. 1201(a)(1), which 
provides that the Librarian of Congress, upon recommendation of the 
Register of Copyrights, may exempt certain classes of copyrighted works 
from the prohibition against circumventing a technological measure that 
controls access to a copyrighted work. 79 FR 55687 (Sept. 17, 2014). On 
December 14, 2014, the Office published a Notice of Proposed Rulemaking 
setting forth proposed exemptions for twenty-seven classes of works and 
requesting responsive comments. 79 FR 73857 (Dec. 14, 2014). The 
responsive comments received thus far have been posted on the Office's 
Web site. See http://www.copyright.gov/1201/.
    At this time, the Office is announcing public hearings to be held 
in Los Angeles and Washington, DC to further consider the exemptions. 
The Office plans to convene panels of witnesses for the proposals to be 
considered, and may combine certain panels if the witnesses and/or key 
issues substantially overlap. The Office will schedule panels for 
particular exemptions in either Los Angeles or Washington, DC unless 
compelling circumstances require that a proposed class be considered in 
both cities. Limiting the discussion of each proposed class to one city 
or another will better ensure that witnesses can respond to the points 
made by others and avoid duplicative discussion. If no request to 
testify is received for a proposed exemption, the Office will consider 
the class based on the written submissions.
    Submitting requests to testify: A request to testify should be 
submitted to the Copyright Office using the form on the Office's Web 
site indicated in the ADDRESSES section above. Anyone wishing to 
testify with respect to more than one proposed class must submit a 
separate form for each request. If multiple people from the same 
organization wish to testify on different panels, each should submit a 
separate request for each panel. If multiple people from the same 
organization wish to testify on the same panel, each should submit a 
request for that panel, and explain the need for multiple witnesses in 
the comment field of the request form.
    Depending upon the number and nature of the requests to testify, 
and in light of the limited time and space available for the public 
hearings, the Office may not be able to accommodate all requests to 
testify. The Office will give preference to those who have submitted 
substantive evidentiary submissions in support of or opposition to a 
proposal. To the extent feasible, the Office encourages parties with 
similar interests to select a common representative to testify on their 
behalf.
    All requests to testify must clearly identify:
     The name of the person desiring to serve as a witness.
     The organization or organizations represented, if any.
     Contact information (address, telephone, and email).
     The proposed class about which the person wishes to 
testify.
     A two- to three-sentence explanation of the testimony the 
witness expects to present.
     If the party is requesting the ability to demonstrate a 
use or a technology at the hearing, a description of the demonstration, 
including whether it will be prepared in advance or presented live, the 
approximate time required for such demonstration, and any presentation 
equipment that the person desires to use and/or bring to the hearing.
     The city in which the person prefers to testify (Los 
Angeles or Washington, DC). The Office will try to take this preference 
into account in scheduling the hearings, but cannot guarantee that the 
relevant panel will be convened in the preferred city. Participants who 
are unable to testify in a particular city or on a particular date 
should so indicate in the comment field of the request form.

To facilitate the process of scheduling panels, it is essential that 
all of the required information listed above be included in a request 
to testify.
    Following receipt of the requests to testify, the Office will 
prepare agendas for the hearings listing the panels and witnesses, 
which will be circulated to hearing participants and posted at http://www.copyright.gov/1201/. Although the Office currently anticipates 
three days of hearings in Los Angeles and four days of hearings in 
Washington, DC, the Office may adjust this schedule depending upon the 
number and nature of requests to testify.
    Format of public hearings: There will be time limits for each 
panel, which will be established after receiving all requests to 
testify. The Copyright Office plans to allot approximately one to two 
hours for each proposed class.

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    Witnesses should expect the Office to have carefully studied all 
written comments, and the Office will expect witnesses to have done the 
same with respect to the classes for which they will be presenting. 
Witnesses will be given an opportunity to provide a brief (three- to 
five-minute) overview of their position at the outset of the panel. 
After that, the hearings will focus on legal or factual issues that are 
unclear or underdeveloped in the written record, as identified by the 
Office, as well as demonstrative evidence.
    The Office stresses that factual information is critical to the 
rulemaking process, and encourages witnesses to provide real-world 
examples to support their arguments. In some cases, the best way to do 
this may be to provide a demonstration of a claimed noninfringing use 
or the technologies pertinent to a proposal. As noted above, a person 
wishing to make such a demonstration must include a request to do so 
with his or her request to testify, using the appropriate space on the 
form described above. To ensure proper documentation of the hearings, 
the Office will require that a copy of any audio, visual, or 
audiovisual materials that have been prepared in advance (e.g., 
slideshows and videos) be provided to the Office at the hearing. Live 
demonstrations will be recorded by a videographer provided by the 
Office. The Office may contact witnesses individually ahead of time to 
ensure that demonstrations can be preserved for the record in an 
appropriate form.
    In addition to videography equipment, the Office expects to have a 
PC, projector, and screen in the hearing room to accommodate 
demonstrations. Beyond this equipment, witnesses are responsible for 
supplying and operating any other equipment needed for their 
demonstrations. Persons planning to bring additional electronic or 
audiovisual equipment must notify the Office at least five days in 
advance of their scheduled hearing date by emailing Stephen Ruwe, 
Assistant General Counsel, at [email protected].
    All hearings will be open to the public, but seating will be 
limited and will be provided on a first-come, first-serve basis. 
Witnesses and persons accompanying witnesses will be given priority in 
seating.

    Dated: April 7, 2015.
Jacqueline C. Charlesworth,
General Counsel and Associate Register of Copyrights.
[FR Doc. 2015-08255 Filed 4-9-15; 8:45 am]
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