[Federal Register Volume 60, Number 94 (Tuesday, May 16, 1995)]
[Rules and Regulations]
[Pages 25995-26000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12012]



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LIBRARY OF CONGRESS

Copyright Office

37 CFR Part 201

[Docket No. 93-2A]


Digital Audio Recording Devices and Media: Access to and 
Confidentiality of Statements of Account and Verification Audit Filings

AGENCY: Copyright Office, Library of Congress.

ACTION: Interim regulation with request for comments.

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SUMMARY: The Copyright Office is issuing an interim regulation to 
implement portions of the Audio Home Recording Act of 1992. This Act 
deals with rights with respect to digital audio recording technology 
(DART) and requires the Register of Copyrights to issue regulations 
that provide for the verification, audit, confidential treatment, and 
appropriate disclosure of DART Statements of Account and any other 
confidential DART information that is filed with the Copyright Office 
during a verification procedure.

DATES: This interim regulation is effective June 15, 1995. Public 
comments on the interim regulation should be received on or before July 
17, 1995.

ADDRESSES: Parties must submit fifteen copies of their written 
comments. If sent by mail, comments must be addressed to: Copyright GC/
I&R, P.O. Box 70400, Southwest Station, Washington, DC 20024. If 
delivered by hand, copies should be brought to: Office of the Copyright 
General Counsel, James Madison Memorial Building, Room LM-407, First 
and Independence Avenue, SE, Washington DC 20540.

FOR FURTHER INFORMATION CONTACT: Marilyn J. Kretsinger, Acting General 
Counsel, Copyright GC/I&R, PO. Box 70400, Southwest Station, 
Washington, D.C. 20024. Telephone: (202) 707-8380. Telefax (202) 707-
8366.

SUPPLEMENTARY INFORMATION:

I. Background

    The Audio Home Recording Act (AHRA) requires parties who 
manufacture and distribute or import and distribute any digital audio 
recording devices or media in the United States to file DART Statements 
of Account and make royalty payments. In separate proceedings, we have 
already addressed other issues related to the filing of DART Statements 
of Account. On November 25, 1992, we issued an interim regulation 
governing the filing of notices of initial distribution under the new 
DART provisions of the Copyright Code (17 U.S.C. ch. 10). 57 FR 55464 
(November 25, 1992). On February 22, 1993, we published an interim 
regulation on the filing of both quarterly and annual Statements of 
Account, including payment of royalties. 58 FR 9544 (February 22, 
1993). On February 1, 1994, we published a superseding interim 
regulation establishing requirements governing the filing dates, 
frequency of filing, and content of the Statements of Account, 
including the Primary Auditor's Report that must be filed by persons 
subject to the statutory obligation. 59 FR 4586 (February 1, 1994).
    The Act also requires the Register of Copyrights to issue 
regulations that establish verification and audit procedures, protect 
the confidentiality of the information contained in DART Statements of 
Account, and provide for [[Page 25996]] disclosure of these Statements 
to limited persons for limited purposes. 17 U.S.C. 1003(c)(2).
    Congress intended section 1003(c)(2) to balance manufacturers' and 
importers' legitimate concerns about outside parties having access to 
confidential DART material against interested copyright parties' need 
to review this material. The AHRA legislative history emphasizes that 
confidential trade secret information must be protected; <SUP>1 in 
fact, the earlier Senate bill stated that disclosure of this 
information could be made only to representatives of interested 
copyright parties who were approved by the Register and who signed a 
suitable certification limiting the use of the information.<SUP>2

    \1\ S. Rep. No. 294, 102d Cong., 2d Sess. 56 (1992); H.R. Rep. 
No. 873, Pt. 1, 102d Cong., 2d Sess. 20 (1992).
    \2\ S. 1623, 102d Cong., 1st Sess. (1991); see also H.R. 4567, 
102d Cong., 2d Sess. (1992).
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    On May 7, 1993, the Copyright Office published a Notice of Proposed 
Rulemaking (NPRM). 58 FR 27251 (May 7, 1993). The 1993 Notice proposed 
regulation concerning access to, and confidentiality of, DART 
Statements of Account and also raised questions about the appropriate 
form and content of regulations to govern DART audit and verification 
procedures.

II. Proposed Regulation

    In the 1993 NPRM, the Copyright Office limited the proposed rule on 
access and confidentiality to the quarterly and annual Statements of 
Account. 58 FR 27251. The proposed rule granted access to these 
Statements only to interested copyright parties or their duly 
authorized representatives, certain employees of the Copyright Office, 
certain employees of the Copyright Royalty Tribunal (which was still in 
existence), and to the manufacturing or importing parties or their duly 
authorized representatives who filed the Statements of Account 
requested. 58 FR 27251.
    Our proposed regulation stated that the Copyright Office would 
provide a DART Statement of Account Access Form. (See Appendix). Anyone 
seeking access to DART statements or reports presumed to include 
confidential material would be required to complete this form before he 
or she could have such access. The Office intended these completed 
forms to certify both the identity of the requestor and the requestor's 
prospective use of the information.

III. Comment Letters

    The parties responding to the proposed regulation asked for one 
extension of time to file reply comments and another to file surreply 
comments. We granted these requests. In all, four different parties 
submitted comments: The American Institute of Certified Public 
Accountants (AICPA); The Alliance of Artists and Recording Companies 
(AARC); the Electronic Industries Association (EIA); and a group 
calling themselves ``Copyright Owners.'' These Copyright Owners filed a 
joint comment for: The American Society of Composers, Authors, and 
Publishers (ASCAP); Broadcast Music, Inc. (BMI); Copyright Management, 
Inc. (CMI); the National Music Publishers' Association, Inc. (NMPA) and 
its subsidiary, the Harry Fox Agency, Inc.; SESAC, Inc.; and The 
Songwriters Guild of America (SGA).<SUP>3

    \3\ For purposes of this document, we will accept their 
designation as Copyright Owners although the parties commenting do 
not include all copyright owners and some of them are not considered 
owners under 17 U.S.C. 101, et seq.
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    Only two of the responding parties, EIA and the Copyright Owners, 
specifically commented on the proposed rule for access and 
confidentiality. The AARC commented more broadly that it was satisfied 
that the proposed regulation sufficiently addressed access and 
confidentiality. AARC, reply comment at 5. The AICPA limited its 
comments to the form and content of the regulation's audit and 
verification procedures. After studying the initial comments, we 
decided to separate access and confidentiality from audit and 
verification and to address each in a separate proceeding. 
Consequently, we discuss only those comments related to access and 
confidentiality.

A. Material Subject to Confidential Treatment

    Section 1003(c)(2) requires the Register to provide for the 
confidentiality of information in Statements of Account. This 
requirement of confidentiality exempts Statements of Account from 
disclosure under the Freedom of Information Act, 5 U.S.C. 552(b)(3)(4).
    Both EIA and the Copyright Owners maintain that we need to protect 
more than merely the Statements of Account. They claim that the 
information disclosed in audit and verification procedures is as 
sensitive as the information contained in the Statements of Account. 
EIA, comments at 36; Copyright Owners, comments at 30, 31. We agree and 
have drafted the interim regulation to place the same access and 
confidentiality limits on any DART confidential material filed at the 
Office, whether it is part of DART Statements of Account, including the 
Primary Auditor's Report, or part of a verification procedure.

B. Access to Appropriate Parties

1. Interested Copyright Party
    The Act requires that access be given to an interested copyright 
party. It also defines interested copyright parties as follows:
    (7) An ``interested copyright party'' is--
    (A) The owner of the exclusive right under section 106(1) of this 
title to reproduce a sound recording of a musical work that has been 
embodied in a digital musical recording or analog musical recording 
lawfully made under this title that has been distributed;
    (B) The legal or beneficial owner of, or the person that controls, 
the right to reproduce in a digital musical recording or analog musical 
recording a musical work that has been embodied in a digital musical 
recording or analog musical recording lawfully made under this title 
that has been distributed;
    (C) A featured recording artist who performs on a sound recording 
that has been distributed; or
    (D) Any association or other organization--
    (i) Representing persons specified in subparagraph (A), (B), or (C) 
or
    (ii) Engaged in licensing rights in musical works to music users on 
behalf of writers and publishers. 17 U.S.C. 1001(7).
    Since all interested copyright parties or their representatives are 
to have access to DART Statements of Account, the parties responding to 
our 1993 NPRM were concerned over the exact parameters of who an 
``interested party'' is for purposes of access to the DART material 
filed with the Office.
2. Limitation on Access to Confidential DART Material
    a. EIA Position. The EIA expressed concern that information filed 
in the Copyright Office may contain trade secrets and that access to 
information on file in the Office as well as its subsequent use should 
be restricted by regulation. EIA proposed that (1) information should 
be disclosed only to ``representatives'' of interested copyright 
parties, e.g., lawyers or accountants retained by interested copyright 
parties, not to personnel (employees or officers) of interested 
copyright parties; (2) representatives should be required to offer a 
statement of need for the information; (3) the rule 
[[Page 25997]] should provide express limitations on the use and 
disclosure of the confidential information, and (4) access should be 
permitted to interested copyright parties only for actual or potential 
procedures. EIA, comments at 36.
    In arguing that DART confidential material should be disclosed only 
to ``representatives'' of interested copyright parties, such as outside 
lawyers or accountants, and not to personnel, such as employees or 
officers, of interested copyright parties, EIA cited the Senate Report 
which states that when permitting access to Statements of Account or 
verification audit filings the Copyright Office ``should take account 
of such factors as the sensitivity of the information, competition 
between interested manufacturing parties, and possible relationships 
between interested copyright parties and interested manufacturing 
parties.'' \4\ EIA, comments at 36.

    \4\ S.Rep. No. 294, 102d Cong., 2d Sess. at 56 (1992).
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    b. The Copyright Owners' Position. The Copyright Owners, on the 
other hand, argued that the Senate version of the AHRA did not intend 
to limit access only to ``outside representatives,'' (lawyers or 
accountants) retained by interested copyright parties. They recommended 
that the access regulation:

    Preclude an interested copyright party owned or controlled by a 
manufacturer or importer subject to royalty payment obligations 
under the AHRA, or any interested copyright party that owns or 
controls such a manufacturer or importer, from gaining access to 
statements of account filed by any other manufacturer or importer. 
Such a proscription would alleviate concerns about confidential 
information reaching competitors through affiliated record companies 
or music publishers.)

Copyright Owners, comments at 32, 34. They also asserted that their 
proposal addressed EIA's concerns. Id. The Copyright Owners also 
recommended that an industry organization or association to which an 
interested copyright party belongs, should be able to access 
confidential information on behalf of its members. Id. at 33.
    c. Copyright Office Conclusions. The Copyright Office agrees that 
access to Statements of Account and other confidential materials should 
be available to all interested copyright parties, as defined under 
AHRA, sec. 1001(7), but with certain limitations designed to protect 
any trade secrets contained in these materials.
    Parties entitled to share in the royalties deposited in the Sound 
Recording Fund and the Musical Works Funds may have access to the 
materials for any year in which they have either filed a claim or are 
entitled to file a claim. These claimants are the actual and intended 
beneficiaries of the funds; they consist of individual record 
companies, writers, music publishers, and featured performers. See 17 
U.S.C. 1001(7)(A)(B)(C).
    Additionally, any organization or association which represents an 
interested copyright party, who is entitled to file a claim, or engages 
in licensing rights in musical works to music users on behalf of 
writers and publishers may have access to the Statements of Account for 
any period in which they have a demonstrable interest. See 17 U.S.C. 
1001(7)(D). These organizations and associations may act on their own 
behalf, or as a representative of another interested copyright party 
who cannot access the Statements of Account directly.
    We agree that the Copyright Owners' recommendation should alleviate 
EIA's concerns about competitors having access to confidential 
material. We are, therefore, adopting this recommendation with some 
modifications. As recommended by EIA, the interim rule will permit 
access to ``outside representatives'' of an interested copyright party, 
in cases where access would be denied to employees or officers of that 
interested copyright party, because it is owned or controlled by, or 
owns or controls a DART manufacturer or importer. We believe this 
provision will offer the safeguards requested by EIA without imposing a 
financial burden on small copyright owners who may not be able to 
afford legal or accounting representatives.
    To address EIA's other concerns, the Office included on the DART 
Access Form a statement of need for the information requested, a 
statement verifying that the use is permitted by law, plus an 
affirmation that the use of the information will not exceed the 
authorization.

C. DART Access Form

    1. The Form. The interim regulation permits access only to 
specifically identified Statements of Account and accompanying audit 
material. The request for access will apply only to the particular year 
indicated on the DART Access Form.
    2. Purpose of Request. EIA proposed that the DART Access Form 
required for access to confidential information should also contain a 
statement concerning the specific purpose for the request. EIA, 
comments in App. 2 at 24. We have added a place for such a statement on 
the form. Both EIA and the Copyright Owners asserted that access should 
be permitted only as part of an actual or potential verification 
procedure and that use and disclosure of confidential information 
should be limited to that purpose. EIA, comments at 36. Copyright 
Owners, comments at 34, 35. We agree that the regulation should contain 
that limitation. The Access Form contains an affirmation that the 
confidential information will be used only for the purpose indicated.
    EIA also proposed that once a particular party has been granted 
access, there should be a presumption against further access from the 
same party. EIA, comments at 36. The Office cannot presume that further 
access by the same party may not be required. We believe that the 
access limitations contained in paragraphs (d) and (f) of Sec. 201.29 
combined with the affirmation statement contained on the DART Access 
Form offer assurance that the requested access is necessary and proper. 
These requirements should address EIA's stated concerns since they will 
permit such access only when a need is demonstrated.
    To alleviate the commentators' concerns about confidentiality, we 
will mark the DART Statements of Account Forms ``confidential,'' and 
keep a record of who was granted access.<SUP>5

    \5\ Additionally, we note that this material contains trade 
secrets and financial information and is excluded from FOIA.
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    3. Office Safeguards. To further assure that access to confidential 
information and its use is strictly controlled, the Office will not 
permit photocopies to be made of any material gained through the DART 
Access Form. The material may be examined and notes taken under the 
supervision of an Office employee. A signed copy of any notes taken 
must be given to the Office before the notes can be removed from the 
examination area. The Office will verify the identity of the requestor 
by requiring a signed photo I.D. such as a driver's license or photo 
credit card. The Office will make a copy of this I.D. and will keep the 
DART Access Form, the copy of the I.D., and a photocopy of the notes.
    4. Availability of DART Access Forms. DART Access Forms will be 
provided by the Office. Photocopied forms are acceptable as long as 
they contain an original signature.

D. Independent Cause of Action

    The EIA also stated that the Access Form should serve as a binding 
obligation on the party seeking access to DART information, so that if 
a [[Page 25998]] requesting party uses or discloses confidential 
information wrongfully (i.e., in violation of express limitations on 
use and disclosure), the manufacturing or importing party would have a 
cause of action against this party. EIA, comments at 37, 38. The 
Copyright Owners questioned whether it is necessary or appropriate for 
the Copyright Office ``to attempt to recognize an independent cause of 
action against a party alleged to have disclosed confidential 
information.'' Copyright Owners, surreply comments at 18.
    We agree that the Copyright Office has no authority in the Act or 
its legislative history to create any remedy for inappropriate 
disclosure. We have, however, added a sworn statement requirement to 
the Access Form similar to the one now required by the Office on the 
Litigation Statement to obtain a reproduction of deposit materials. 56 
FR 12957 (March 28, 1991). This addition will put the requesting party 
on notice that he or she is certifying that the information will be 
used only in the way prescribed in the new regulation.

List of Subjects in 37 CFR Part 201

    Copyright, Digital audio recording products.

Interim Regulations

    In consideration of the foregoing, the Copyright Office is amending 
37 CFR part 201 in the manner set forth below.

PART 201--[AMENDED]

    1. The authority citation for part 201 is revised to read as 
follows:

    Authority: 17 U.S.C. 702, 17 U.S.C. 1003.

    2. Section 201.29 is added to read as follows:


Sec. 201.29  Access to, and Confidentiality of, Statements of Account, 
Verification Auditor's Reports, and Other Verification Information 
Filed in the Copyright Office for Digital Audio Recording Devices or 
Media

    (a) General. This section prescribes rules covering access to DART 
Statements of Account, including the Primary Auditor's Reports, filed 
under 17 U.S.C. 1003(c) and access to a Verifying Auditor's Report or 
other information that may be filed in the Office in a DART 
verification procedure as set out in Sec. 201.30. It also prescribes 
rules to ensure confidential disclosure of these materials to 
appropriate parties.
    (b) Definitions.
    (1) Access includes inspection of and supervised making of notes on 
information contained in Statements of Account including Primary 
Auditor's Reports, Verification Auditor's Reports, and any other 
verification information.
    (2) Audit and Verification Information means the reports of the 
Primary Auditor and Verifying Auditor filed with the Copyright Office 
under Secs. 201.28 and 201.30, and all information relating to a 
manufacturing or importing party.
    (3) DART Access Form means the form provided by the Copyright 
Office that must be completed and signed by any appropriate party 
seeking access to DART confidential material.
    (4) DART confidential material means the Quarterly and Annual 
Statements of Account, including the Primary Auditor's Report that is 
part of the Annual Statements of Account, and the Verifying Auditor's 
Report and any other verification information filed with the Copyright 
Office. It also includes photocopies of notes made by requestors who 
have had access to these materials that are retained by the Copyright 
Office.
    (5) Interested copyright party means a party as defined in 17 
U.S.C. 1001(7).
    (6) A Representative is someone, such as a lawyer or accountant, 
who is not an employee or officer of an interested copyright party or a 
manufacturing or importing party but is authorized to act on that 
party's behalf.
    (7) Statements of Account means Quarterly and Annual Statements of 
Account as required under 17 U.S.C. 1003(c) and defined in Sec. 201.28.
    (c) Confidentiality. The Copyright Office will keep all DART 
confidential materials in locked files and disclose them only in 
accordance with this section. Any person or entity provided with access 
to DART confidential material by the Copyright Office shall receive 
such information in confidence and shall use and disclose it only as 
authorized in 17 U.S.C. 1001 et. seq.
    (d) Persons allowed Access to DART confidential material. Access to 
DART Statements of Account filed under 17 U.S.C. 1003(c) and to 
Verification Auditor's Reports or other verification information is 
limited to:
    (1) An interested copyright party as defined in Sec. 201.29(b)(5) 
or an authorized representative of an interested copyright party, who 
has been qualified for access pursuant to paragraph (f)(2) of this 
section;
    (2) The Verifying Auditor authorized to conduct verification 
procedures under Sec. 201.30;
    (3) The manufacturing or importing party who filed that Statement 
of Account or that party's authorized representative(s); and
    (4) Staff of the Copyright Office or the Library of Congress who 
require access in the performance of their duties under title 17 U.S.C. 
1001 et seq.;
    (e) Requests for Access. An interested copyright party, 
manufacturing party, importing party, representative, or Verifying 
Auditor seeking access to any DART confidential material must complete 
and sign a ``DART Access Form.'' The requestor must submit a copy of 
the completed DART Access Form to the Licensing Specialist, Licensing 
Division. The form must be received in the Licensing Division at least 
5 working days before the date an appointment is requested. The form 
may be FAXED to the Licensing Division to expedite scheduling, but a 
copy of the form with the original signature must be filed with the 
Office.
    (1) A representative of an interested copyright party, a 
manufacturing party or an importing party shall submit an affidavit of 
his or her authority (e.g., in the form of a letter of authorization 
from the interested copyright party or the manufacturing or importing 
party).
    (2) An auditor selected to conduct a verification procedure under 
Sec. 201.30 shall submit an affidavit of his or her selection to 
conduct the verification procedure.
    (3) DART Access Forms may be requested from, and upon completion 
returned to: Licensing Division, Copyright Office, Library of Congress, 
Washington, DC 20557-6400 They may also be requested or submitted in 
person at the Licensing Division, Room LM-458, James Madison Memorial 
Building, First and Independence Avenue, SE., Washington, DC, between 
8:30 a.m. and 5 p.m.
    (f) Criteria for Access to DART confidential material. (1) A 
Verifying Auditor will be allowed access to any particular Statement of 
Account and Primary Auditor's Report required to perform his or her 
verification function;
    (2) Interested copyright parties as defined in paragraph (b)(5) of 
this section will be allowed access to any DART confidential material 
as defined in paragraph (b)(4) of this section for verification 
purposes, except that no interested copyright party owned or controlled 
by a manufacturing or importing party subject to royalty payment 
obligations under the Audio Home Recording Act, or who owns or controls 
such a manufacturing or importing party, may have access to DART 
confidential material relating to any other manufacturing or importing 
party. In such cases, a representative of the interested copyright 
party as defined in paragraph (b)(6) of this section may have access 
for that party, provided that these representatives do not disclose the 
confidential information contained in the Statement of Account or 
Primary Auditor's Report to his or her client. [[Page 25999]] 
    (3) Access to a Verifying Auditor's Report and any other 
verification material filed in the Office shall be limited to the 
interested copyright party(s) requesting the verification procedure and 
to the manufacturing or importing party whose Statement of Account was 
the subject of the verification procedure.
    (g) Denial of Access. Any party who does not meet the criteria 
described in Sec. 201.29(f) shall be denied access.
    (h) Content of DART Access Form. The DART Access Form shall include 
the following information:
    (1) Identification of the Statement of Account and Primary 
Auditor's Report, the Verification Auditor's Report and other 
verification materials, or notes prepared by requestors who earlier 
accessed the same items, to be accessed, by both the name (of the 
manufacturing party or importing party) and the quarter(s) and year(s) 
to be accessed.
    (2) The name of the interested copyright party, manufacturing 
party, importing party, or verification auditor on whose behalf the 
request is made, plus this party's complete address, including a street 
address (not a post office box number), a telephone number, and a 
telefax number, if any.
    (3) If the request for access is by or for an interested copyright 
party, a statement indicating whether the copyright party is owned or 
controlled by a manufacturing or importing party subject to a royalty 
payment obligation, or whether the interested copyright party owns or 
controls a manufacturing or importing party subject to royalty 
payments.
    (4) The name, address, and telephone number of the person making 
the request for access and his/her relationship to the party on whose 
behalf the request is made.
    (5) The specific purpose for the request for access, for example, 
access is requested in order to verify a Statement of Account; in order 
to review the results of a verification audit; for the resolution of a 
dispute arising from such an audit; or in order for a manufacturing or 
importing party to review its own Statement of Account, Primary 
Auditor's Report, Verification Auditor's Report, or related 
information.
    (6) A statement that the information obtained from access to 
Statements of Account, Primary Auditor's Report, Verification Auditor's 
Report, and any other verification audit filings will be used only for 
a purpose permitted under the Audio Home Recording Act (AHRA) and the 
DART regulations.
    (7) The actual signature of the party or the representative of the 
party requesting access certifying that the information will be held in 
confidence and used only for the purpose specified by the Audio Home 
Recording Act and these regulations.
Appendix--DART Statement of Account Access Form

    Note:--The following form will not appear in the Code of Federal 
Regulations:

DART Access Form

Copyright Office Licensing Division

Instructions for When Access Form Is Used

    This form constitutes a request for access to DART Statements of 
Account including the Primary Auditor's Report, Verification 
Auditor's Report, or other verification information deposited in the 
Copyright Office. Access is restricted by Copyright Office Interim 
Regulation Sec. 201.29 as required by 17 U.S.C. 1003(c) and 1004. No 
photocopies of Statements of Account, any part of them, or any other 
confidential material will be permitted.
    The requestor must submit a copy of the completed DART Access 
Form to the Licensing Specialist, Licensing Division. The form must 
be received in the Licensing Division at least 5 working days before 
the date on which an appointment is requested. The form may be FAXED 
to (202) 707-0905 to expedite scheduling, but a copy of the form 
with an original signature must be filed with the Office.

Directions for Completing Form

    Representatives of parties seeking access to Statements of 
Accounts must fill in items 1 through 3. Parties seeking direct 
access without a representative need not complete item 2c. The form 
must contain an original signature and all of the information 
requested.

1. Information on Material Requested

    Name of manufacturing or importing party listed in Statement of 
Account file:

----------------------------------------------------------------------
(Name of manufacturing or importing party)

    This request is for access to:
{time}  Statement of Account for:
    {time}  1st Quarter of--------------(year);
    {time}  2nd Quarter of-------------- (year);
    {time}  3rd Quarter of-------------- (year);
    {time}  Annual Statement of Account (including Report for the 
4th Quarter and the Primary Auditor's Report) ------------------ 
(year);
    {time}  Verification Auditor's Report and any other verification 
audit material for: ------------------ (year);

2. Information on Requestor of Information

    a. Access to the Statement(s) of Account file is requested by or 
behalf of:

{time}  interested copyright party (37 CFR 201.29(b)(5));
{time}  manufacturing party;
{time}  importing party
{time}  verification auditor.

    b. Name and address of interested copyright party, importing, or 
manufacturing party or verification auditor making request: 
Verification auditor must attach an affidavit of his/her authority 
to conduct a verification function and show a photo I.D. at time of 
access.

(1)
----------------------------------------------------------------------
(Name)

----------------------------------------------------------------------
(Street address, not P.O. Box)

----------------------------------------------------------------------
City    State

----------------------------------------------------------------------
(Telephone number) / Facsimile (fax) number

(2) If the request for access is by or for an interested copyright 
party, is the copyright party owned or controlled by a manufacturing 
or important party subject to a royalty payment obligation or does 
the copyright party own or control a manufacturing or important 
party subject to royalty payments?

        {time}  yes \1\         {time}  no

    \1\ If the answer is Yes, the requestor will be denied direct 
access to DART confidential material pursuant to 37 CFR 201.29(f). 
Access, however, may be obtained through a representative. 37 CFR 
201.29(d)(1).
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    c. If submitted by a representative, name and address and 
affiliation of representative making request for access and 
relationship to the party on whose behalf the request is made: A 
representative of an interested copyright party, a manufacturing 
party, or an importing party must attach an affidavit of his/her 
authority (e.g., in the form of a letter of authorization from the 
interested copyright party or the manufacturing or importing party) 
and provide a photo I.D. at time of access. The Office will make a 
photocopy of the I.D. material and retain it.

----------------------------------------------------------------------
(Name)

----------------------------------------------------------------------
(Firm or other affiliation)

----------------------------------------------------------------------
(Street address, not P.O. Box)

----------------------------------------------------------------------
City    State

----------------------------------------------------------------------
(Telephone number) / facsimile (fax) number

Relationship: [to party given in 1]------------------------------------

3. Purpose of the request for access to Statement(s) of Account 
file:

{time}  verification procedure:
    {time}  actual
    {time}  potential;
{time}  inspection by manufacturing or importing party of 
Statement(s) of Account it deposited or verification audit material 
pertaining to it;
{time}  other (specify): ____________.

Any False Statement of Material Fact Made on this Form May Be a 
Criminal Offense. See 18 U.S.C. 1001 et. seq.\2\

    \2\ Whoever, in any matter within the jurisdiction of any 
department or agency of the United States knowingly and willfully 
falsifies, conceals or covers up by any trick, scheme, or device a 
material fact, or makes any false, fictitious or fraudulent 
statements or representations, or makes or uses any false writing or 
document knowing the same to contain any false, fictitious or 
fraudulent statement or entry, shall be fined not more than $10,000 
or imprisoned not more than five years, or both. 18 U.S.C. 1001.
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    I hereby affirm to the Copyright Office that I am authorized to 
have access to this [[Page 26000]] material under the Regulations of 
the Copyright Office. 37 CFR 201.29. I also affirm there is a need 
for this information for the purpose indicated and that it will be 
used only for that purpose.

Signature of requestor-------------------------------------------------
----------------------------------------------------------------------
{time}  Representative; {time}  Party

Typed or Printed Name--------------------------------------------------

Name of Firm-----------------------------------------------------------

Address----------------------------------------------------------------

Telephone Number-------------------------------------------------------

Fax Number-------------------------------------------------------------

Date-------------------------------------------------------------------

For Office Use Only

    Access to requested statement(s) of account file(s) was granted 
to:

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{time}  photo I.D. inspected and photocopied
{time}  affidavit submitted, if necessary.

Access was granted by--------------------------------------------------

    Dated: May 9, 1995.
Marybeth Peters,
Register of Copyrights.
    Approved by:
James H. Billington,
The Librarian of Congress.
[FR Doc. 95-12012 Filed 5-15-95; 8:45 am]
BILLING CODE 1410-31-P