[Federal Register Volume 66, Number 241 (Friday, December 14, 2001)]
[Proposed Rules]
[Page 64783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-30931]


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LIBRARY OF CONGRESS

Copyright Office

37 CFR Part 255

[Docket No. RM 2000-7A]


Mechanical and Digital Phonorecord Delivery Compulsory License

AGENCY: Copyright Office, Library of Congress.

ACTION: Request for comment.

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SUMMARY: The Recording Industry of America, Inc. (``RIAA''), the 
National Music Publishers' Association, Inc. (``NMPA''), and The Harry 
Fox Agency, Inc. (``HFA''), have submitted a joint statement to the 
Copyright Office to advise the Office of certain developments relevant 
to the Copyright Office's Notice of Inquiry regarding the 
interpretation and application of the mechanical and digital 
phonorecord compulsory license, 17 U.S.C. 115, to certain digital music 
services. The Copyright Office requests additional public comment on 
its Notice of Inquiry in light of the RIAA/NMPA/HFA agreement filed in 
this proceeding.

DATES: Comments are due no later than January 28, 2002. Reply comments 
are due February 27, 2002.

ADDRESSES: If sent by mail, an original and ten copies of comments and 
reply comments should be addressed to: Office of the Copyright General 
Counsel, P.O. Box 70977, Southwest Station, Washington, DC 20024. If 
hand delivered, an original and ten copies should be brought to: Office 
of the Copyright General Counsel, James Madison Memorial Building, Room 
LM-403, First and Independence Avenue, SE., Washington, DC 20540.

FOR FURTHER INFORMATION CONTACT: David O. Carson, General Counsel, or 
Tanya M. Sandros, Senior Attorney, Copyright Arbitration Royalty 
Panels, P.O. Box 70977, Southwest Station, Washington, DC 20024. 
Telephone: (202) 707-8380. Telefax: (202) 252-3423.

SUPPLEMENTARY INFORMATION: On March 9, 2001, the Copyright Office 
published a Notice of Inquiry requesting comments from the public 
concerning the interpretation and application of the copyright laws to 
certain kinds of digital transmissions of prerecorded musical works. 66 
FR 14099 (March 9, 2001). Since that time, the Recording Industry of 
America, Inc. (``RIAA''), the National Music Publishers Association 
(``NMPA'') and The Harry Fox Agency, Inc. (``HFA'') have negotiated a 
private agreement which concerns the application of the mechanical 
compulsory license, as set forth in the Copyright Act, 17 U.S.C. 115, 
to ``On-Demand Streams'' and ``Limited Downloads,'' two services 
identified in the Notice of Inquiry. RIAA, NMPA and HFA publicly 
announced this agreement October 9, 2001.
    In the March 9 Notice of Inquiry, an ``On-Demand Stream'' was 
defined as an ``on-demand, real-time transmission using streaming 
technology such as Real Audio, which permits users to listen to the 
music they want when they want and as it is transmitted to them'' and a 
``Limited Download'' was defined as an ``on-demand transmission of a 
time-limited or other use-limited (i.e. non-permanent) download to a 
local storage device (e.g., the hard drive of the user's computer), 
using technology that causes the downloaded file to be available for 
listening only either during a limited time (e.g., a time certain or a 
time tied to ongoing subscription payments) or for a limited number of 
times.'' 66 FR at 14100.
    The Office received several comments in response to the notice of 
inquiry, some of which raised additional issues relating to section 115 
of the Copyright Act (17 U.S.C. 115), incidental digital phonorecord 
deliveries, and other matters relating to digital transmissions of 
music.
    Because the RIAA/NMPA/HFA agreement concerns many of the same 
issues raised in the March 9 Notice of Inquiry, RIAA, NMPA and HFA 
submitted a joint statement with the Copyright Office on December 6, 
2001, in which they explain the terms of the agreement and list the 
benefits these parties associate with the agreement. The parties also 
included a copy of the agreement as an exhibit to the filing. The joint 
statement and the accompanying exhibits are posted on our website at: 
http://www.loc.gov/copyright/carp/10-5agreement.pdf.
    The Copyright Office recognizes that the RIAA/NMPA/HFA agreement is 
a significant development that may affect the Office's inquiry into 
digital transmissions of music. Consequently, the Copyright Office 
invites comment from the public on the effect of the RIAA/NMPA/HFA 
agreement on the issues identified in the Notice of Inquiry. Comments 
are due no later than January 28, 2002. Reply comments are due February 
27, 2002.

    Dated: December 11, 2001.
David O. Carson,
General Counsel.
[FR Doc. 01-30931 Filed 12-13-01; 8:45 am]
BILLING CODE 1410-31-P