5196 Federal Register / Vol. 69, No. 22 / Tuesday, February 3, 2004 / Notices 

Dated: January 27, 2004. 

Emily Stover DeRocco, 

Assistant Secretary, Employment and 

Training Administrator.

[FR Doc. 04–2123 Filed 2–2–04; 8:45 am] 

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LIBRARY OF CONGRESS

Copyright Office 

[Docket No. 2004–1 CARP DTRA4] 

Digital Performance Right in Sound 

Recordings and Ephemeral 

Recordings

AGENCY: Copyright Office, Library of 

Congress.

ACTION: Initiation of voluntary 

negotiation period. 

SUMMARY: The Copyright Office is 

announcing the initiation of a voluntary 

negotiation period for determining 

reasonable rates and terms for two 

compulsory licenses which, in one case, 

provides for a public performance of a 

sound recording by a new subscription 

service, and in the second instance, 

allows for the making of an ephemeral 

phonorecord of a sound recording in 

furtherance of making the permitted 

public performance. The rates and terms 

will be for the period beginning January 

1, 2005 and ending on December 31, 

2006.

EFFECTIVE DATE: The voluntary 

negotiation period begins on February 3, 

2004.

ADDRESSES: Copies of voluntary license 

agreements and petitions, if sent by 

mail, should be addressed to: Copyright 

Arbitration Royalty Panel (CARP), P.O. 

Box 70977, Southwest Station, 

Washington, DC 20024. If hand 

delivered by a commercial, nongovernment courier or messenger, they 

must be delivered to: The Congressional 

Courier Acceptance Site, located at 2nd 

and D Streets, NE., between 8:30 a.m. 

and 4 p.m. If hand delivered by a party, 

copies of voluntary license agreements 

and petitions should be addressed to 

Office of the General Counsel, U.S. 

Copyright Office, James Madison 

Memorial Building, Room LM–401, First 

and Independence Avenue, SE., 

Washington, DC 20559–6000, and 

delivered to the Public Information 

Office of the Copyright Office in Room 

LM–401 between the hours of 8:30 a.m. 

and 5 p.m.

FOR FURTHER INFORMATION CONTACT:

David O. Carson, General Counsel, or 

Tanya M. Sandros, Senior Attorney, 

Telephone: (202) 707–8380. Telefax: 

(202) 252–3423.

SUPPLEMENTARY INFORMATION: On 

January 6, 2004, the Office announced 

the voluntary negotiation period for 

adjusting rates and terms for the 

statutory licenses which provide for the 

public performance of a sound 

recording by means of a digital audio 

transmission, 17 U.S.C. 114, and the 

making of related ephemeral recordings, 

17 U.S.C. 112(e), for the two-year 

license period beginning January 1, 

2005. See 69 FR 689 (January 6, 2004). 

That notice specifically noted that the 

negotiations were for establishing rates 

and terms applicable to eligible 

nonsubscription transmissions and the 

related ephemeral recordings. However, 

the notice should also have stated that 

the negotiation process and any 

subsequent proceedings before a 

copyright arbitration royalty panel are to 

include the rates and terms applicable 

to a new subscription service for the 

same time period. 

For purposes of the section 114 and 

the section 112 licenses, an ‘‘eligible 

nonsubscription transmission’’ and a 

‘‘new subscription service’’ are defined 

in the following way. An ‘‘eligible 

nonsubscription transmission’’ is a 

noninteractive, digital audio 

transmission which, as the name 

implies, does not require a subscription 

for receiving the transmission. The 

transmission must also be made as part 

of a service that provides audio 

programming consisting in whole or in 

part of performances of sound 

recordings the purpose of which is to 

provide audio or entertainment 

programming, but not to sell, advertise, 

or promote particular goods or services. 

A ‘‘new subscription service,’’ on the 

other hand, is a service that performs 

sound recordings by means of 

noninteractive subscription digital 

audio transmissions. A ‘‘new 

subscription service’’ is not to be 

confused with the three preexisting 

subscription services, Music Choice, 

DMX Music, Inc., and Muzak, L.P., or 

the two preexisting satellite digital 

audio radio services, XM Satellite 

Radio, Inc. and Sirius Satellite Radio, 

Inc. See 17 U.S.C. 114(j)(6) and (8). 

Rates and terms applicable to these 

particular services for use of the section 

112 and section 114 licenses are 

adjusted every five years under a 

different standard. See 17 U.S.C. 

114(f)(1) and 68 FR 39873 (July 3, 2003). 

Because the procedures and standards 

for setting the statutory rates and terms 

applicable to eligible nonsubscription 

transmissions are the same as the 

standards for transmissions made by 

new subscription services, rates and 

terms for the public performance of a 

sound recording and the making of the 

necessary ephemeral phonorecords for 

both transmission categories will be 

considered together in a single 

proceeding, just as they were during the 

initial rate setting proceeding. See 68 FR 

27596 (May 20, 2003). Consequently, 

the rate setting process initiated with 

the publication of the January 6 notice 

shall consider both eligible 

nonsubscription transmissions and 

transmissions made by new 

subscription services.

Dated: January 28, 2004. 

David Carson, 

General Counsel.

[FR Doc. 04–2147 Filed 2–2–04; 8:45 am] 

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NATIONAL FOUNDATION ON THE 

ARTS AND THE HUMANITIES 

National Endowment for the Arts; 

Leadership Initiatives Advisory Panel 

Pursuant to section 10(a)(2) of the 

Federal Advisory Committee Act (Pub. 

L. 92–463), as amended, notice is hereby 

given that two teleconference meetings 

of the Leadership Initiatives Advisory 

Panel to the National Council on the 

Arts will be held at the Nancy Hanks 

Center, 1100 Pennsylvania Avenue, 

NW., Washington, DC 20506 as follows: 

Arts Education: February 12, 2004, 

from 3 p.m. to 5 p.m. from Room 703. 

This meeting will be closed. 

International: February 12, 2004, from 

1 p.m. to 1:30 p.m. from Room 709. This 

meeting will be closed. 

These meetings are for the purpose of 

Panel review, discussion, evaluation, 

and recommendations on financial 

assistance under the National 

Foundation on the Arts and the 

Humanities Act of 1965, as amended, 

including information given in 

confidence to the agency. In accordance 

with the determination of the Chairman 

of April 30, 2003, these sessions will be 

closed to the public pursuant to 

subsection (c)(6) of section 552b of Title 

5, United States Code. 

Further information with reference to 

this meeting can be obtained from Ms. 

Kathy Plowitz-Worden, Panel 

Coordinator, National Endowment for 

the Arts, Washington, DC 20506, or call 

(202) 682–5691.

Dated: January 29, 2004. 

Kathy Plowitz-Worden, 

Panel Coordinator, Panel Operations, 

National Endowment for the Arts.

[FR Doc. 04–2263 Filed 2–2–04; 8:45 am] 

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