[Federal Register Volume 83, Number 221 (Thursday, November 15, 2018)]
[Proposed Rules]
[Pages 57386-57387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24848]


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LIBRARY OF CONGRESS

Copyright Office

37 CFR Part 201

[Docket No. 2018-8]


Noncommercial Use of Pre-1972 Sound Recordings That Are Not Being 
Commercially Exploited: Extension of Comment Period

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

ACTION: Notice of inquiry; extension of comment period.

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SUMMARY: The Copyright Office is extending the deadline for the 
submission of written comments in response to its October 16, 2018 
notice of inquiry regarding the Classics Protection and Access Act, 
title II of the recently enacted Orrin G. Hatch-Bob Goodlatte Music 
Modernization Act.

DATES: The initial comment period for the notice of inquiry, published 
on October 16, 2018, is extended by an additional ten days. Initial 
comments must be made in writing and must be received in the U.S. 
Copyright Office no later than 11:59 p.m. Eastern Time on November 26, 
2018. Written reply comments must be received no later

[[Page 57387]]

than 11:59 p.m. Eastern Time on December 11, 2018.

ADDRESSES: For reasons of government efficiency, the Copyright Office 
is using the regulations.gov system for the submission and posting of 
public comments in this proceeding. All comments are therefore to be 
submitted electronically through regulations.gov. Specific instructions 
for submitting comments are available on the Copyright Office's website 
at https://www.copyright.gov/rulemaking/pre1972-soundrecordings-noncommercial/. If electronic submission of comments is not feasible 
due to lack of access to a computer and/or the internet, please contact 
the Office using the contact information below for special 
instructions.

FOR FURTHER INFORMATION CONTACT: Regan A. Smith, General Counsel and 
Associate Register of Copyrights, by email at regans@copyright.gov, 
Anna Chauvet, Assistant General Counsel, by email at 
achau@copyright.gov, or Jason E. Sloan, Assistant General Counsel, by 
email at jslo@copyright.gov. Each can be contacted by telephone by 
calling (202) 707-8350.

SUPPLEMENTARY INFORMATION: On October 16, 2018, the U.S. Copyright 
Office issued a notice of inquiry (``NOI'') regarding the Classics 
Protection and Access Act, title II of the recently enacted Orrin G. 
Hatch-Bob Goodlatte Music Modernization Act.\1\ In connection with the 
establishment of federal remedies for unauthorized uses of sound 
recordings fixed before February 15, 1972 (``Pre-1972 Sound 
Recordings''), Congress established an exception for certain 
noncommercial uses of Pre-1972 Sound Recordings that are not being 
commercially exploited. To qualify for this exemption, a user must file 
a notice of noncommercial use after conducting a good faith, reasonable 
search to determine whether the Pre-1972 Sound Recording is being 
commercially exploited, and the rights owner of the sound recording 
must not object to the use within 90 days. To promulgate the 
regulations required by the new statute, the Office solicited comments 
regarding specific steps that a user should take to demonstrate she has 
made a good faith, reasonable search, as well as the filing 
requirements for the user to submit a notice of noncommercial use and 
for a rights owner to submit a notice objecting to such use.\2\
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    \1\ 83 FR 52176 (Oct. 16, 2018).
    \2\ Id. at 52177-78.
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    To ensure that members of the public have sufficient time to 
respond, and to ensure that the Office has the benefit of a complete 
record, the Office is extending the deadline for the submission of 
initial written comments to 11:59 p.m. Eastern Time on November 26, 
2018. Written reply comments must be received no later than 11:59 p.m. 
Eastern Time on December 11, 2018. So that the Office is able to meet 
the statutory deadlines described in the NOI, no further extensions of 
time will be granted in this rulemaking.

    Dated: November 8, 2018.
Catherine Rowland,
Associate Register of Copyrights and Director of Public Information and 
Education.
[FR Doc. 2018-24848 Filed 11-14-18; 8:45 am]
 BILLING CODE 1410-30-P