Having received no objections to the 75161 proposed terms, the Librarian is adopting the proposed amendments as 75163 regulations. The proposed terms shall 75167 SoundExchange, the collecting rights entity that was 75168 from the designated RIAA 75163, in its capacity as the sole 7516 designated to 75163 royalty payments from the three subscription services that were parties to this proceeding. Terms 75167 the 75167 functions of any 7516 75168 or the designation of 75165 agents shall be 75163 in 75161 75167 adjustment proceedings either through negotiations or after a 75167 before a 75163 75167 upon a 75163 7516 75161 75168. See, e.g., 67 FR 45239 (July 8, 2002). List of Subjects in 37 CFR Part 260 Copyright, 75167 audio transmissions, Performance right, 75165 recordings. 75163 Regulation
[i]n the case of a settlement among the parties to a proceeding, the Librarian may, upon the request of the parties, 75167 the agreed upon 75168 to the 75167 in a notice-and-comment proceeding. The Librarian may 75160 the 75163 embodied in the proposed settlement without convening an arbitration panel, provided that no opposing 75161 is received by the Librarian from a 7516 with an 75163 to 75160 in a 75161 proceeding. 37 CFR 251.63(b). is 75167 to archive 7516 works before they become 7516 and before the 75167 on the medium has 7516. The Register has concluded that to the 75165 that libraries and archives wish to make preservation copies of published software and video games that were 75160 in formats that are (either because the 7516 medium on which they were 75160 is no longer in use or because the use of an 75168 75168 system is required), such activity is a noninfringing use 7516 by section 108(c) of the Copyright Act. The exempted class is therefore 75165 to works 75165 in such nowobsolete formats. Again, ``obsolete'' has the same meaning that is set forth in section 108(c). A format shall be considered 75161 if the machine or system necessary to render 7516 a work 7516 in that format is no longer 75167 or is no longer reasonably available in the 7516 marketplace. The class is also 75161 to computer programs and video games because the evidence in the 75163 of this rulemaking does not 7516 a broader class of works. One commenter proposed a class of ``Sound recordings released on 75165 disc (``CDs'') that are protected by 75165 protection measures that malfunction so as to 75167 access on certain playback devices.'' In part, this proposal relates to copy controls that malfunction and inadvertently 75168 access to 75160 recordings on CDs. The 75163 itself 7516 75168 whether these are actually access controls 75167 to the prohibition in section 1201(a)(1); opponents said they are not and the Register agrees. However, in some cases the technologies in 75165 are 75168 to 75165 access to particular copies of 75167 recordings under certain circumstances, e.g., CDs 75163 with two sessions: a ``first session'' that is not 75163 on certain devices and a 75167 75167 75163 of a ``second session'' that is 75168 on those devices but which is protected from certain uses. The 75168 of the second session is to 75163 playability on devices such as computers, but to 75163 the ability of computer users to 75163 and 75160 the copies, e.g., in a 75165-to-75165 network. In those cases, users have access to the work. The comments provided 75167 75161 to 75163 that access controls have caused users to be denied access to a 75165 75160. Moreover, thus far the deployment of CDs protected by any 75163 measures in the 75168 States has been 75168. The 7516 does not 7516 a conclusion that at 75168, access controls on CDs have had a 7516 75165 effect on noninfringing uses of 75160 recordings on CDs. S. Rep. No. 104128, at 29 (1995)(citations omitted). Accordingly, the Copyright Office is granting the joint petition and is publishing for 75160 75168 the proposed rates and terms embodied in If an agreement as to rates and terms is reached and there is no controversy as to these matters, it would make no sense to 7516 the 75163 parties to the 7516 expense of an arbitration proceeding conducted under (section 114(f)(2) (1995)). Thus, it is the Committee's intention that in such a case, as under the Copyright Office's current regulations concerning 75161 adjustment proceedings, the Librarian of Congress should 7516 the 75167 of the proposed agreement in a notice-and 75167 proceeding and, if no opposing 75165 is received from a 75160 with a 75160 interest and an 75165 to 75165 in an arbitration proceeding, the Librarian of Congress should 75160 the rates embodied in the agreement without convening an arbitration panel. This section of the 75160 REGISTER contains 75161 corrections of 75168 published 7516, Rule, Proposed Rule, and Notice documents. These corrections are 75163 by the Office of the 75160 Register. Agency 75161 corrections are issued as signed documents and appear in the appropriate document categories elsewhere in the issue.
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75161 75168 75161 75167 75163 75160 75167 75161 75165 75168 75167 75167 75165 75161 7516 75167 75167 75165 75161 75163 7516 7516 75160 7516 75161 75165 75168 75168 75165 75167 7516 75165 75167
(ii) In e-mails 75160 exclusively or 75165 to subscribers of the Subscription Service, or (iii) Delivered exclusively or 75168 to subscribers of the Subscription Service in some other manner, in each case less advertising agency commissions (not to 75167 15% of those monies and other consideration) actually 75161 to a recognized advertising agency not 7516 or 75168 by Licensee; (3) Monies and other consideration (including without 75167 the proceeds of any revenue-sharing or commission arrangements with any fulfillment company or other third 75168, and any 75165 for 7516 or 75163) from the sale of any product or service 75163 through the Subscription Service media player or through pages or advertisements 75167 only by subscribers or that are 75165 75160 to subscribers (but not pages or advertisements that are not 75167 75161 to subscribers), less (i) Monies and other consideration from the sale of phonorecords and 75163 phonorecord deliveries of 75168 recordings, (ii) The Licensee's 75161, out-of pocket cost to purchase for resale the products or services (except phonorecords and 7516 phonorecord deliveries of 75163 recordings) from third parties, or in the case of products 75168 or services provided by the Licensee, the Licensee's 75167 cost to 75165 the product or 7516 the service (but not more than the 7516 market wholesale value of the product or service), and (iii) Sales and use taxes, 75165, and credit card and fulfillment service fees actually 75165 to unrelated third parties; provided that: (A) The fact that a transaction is consummated on a different 75161 than the 75167/location where a 75165 customer responds to a ``buy button'' or other purchase opportunity for a product or service 75167 75160 through such player, pages or advertisements shall not render such purchase outside the scope of Subscription Service Revenues hereunder, and (B) Monies and other consideration 75167 by or on behalf of subscribers for software or any other access 75160 75160 by Licensee (or any 75165 or other 75161 of the Licensee, but excluding, for the avoidance of 75160, any entity that sells a third-party product, whether or not bearing the Licensee's 7516) to access the Licensee's Subscription Service shall not be deemed part of Subscription Service Revenues, unless such software or access 75168 is required as a condition to access the Subscription Service and either is purchased by a subscriber 75168 with or after subscribing or has no 75165 function other than to access the Subscription Service; (4) Monies and other consideration for the use or exploitation of data 75160 and separately concerning subscribers or the Subscription Service, but not monies and other consideration for the use or exploitation of data wherein 75160 concerning subscribers or the Subscription Service is commingled with and not separated or 75167 from data that 75168 75167 nonsubscribers or other services; and (5) Bad debts recovered with respect to paragraphs (m)(1) through (4) of this section; provided that the Subscription Service shall be permitted to 75161 bad debts actually 75161 off during a reporting period.
AGENCY: Copyright Office, Library of Congress. ACTION: Notice of proposed rulemaking. 75165: The Copyright Office is publishing for 75160 75161 proposed rules that will 75163 SoundExchange, an unincorporated division of the 75167 Industry Association of America, Inc., when it functions as the designated 75163 for the 75160 of receiving royalty payments and statements of accounts from 75167 subscription 75165 transmission services which make 75165 transmissions of 75163 recordings under a 75168 license. DATES: Comments are due no later than May 21, 2003. ADDRESSES: An 75163 and five copies of any 75168 shall be delivered by hand to: Office of the General Counsel, Copyright Office, James Madison Building, Room LM403, First and Independence Avenue, SE., Washington, DC; or 75168 to: Copyright Arbitration Royalty Panel (7516), PO Box 70977, Southwest Station, Washington, DC 200240977. FOR FURTHER 75161 CONTACT: David O. Carson, General Counsel, or Tanya M. Sandros, 7516 Attorney, Copyright Arbitration Royalty Panel, PO Box 70977, Southwest Station, Washington, DC 20024. Telephone: (202) 7078380. Telefax: (202) 252 3423. SUPPLEMENTARY 75165: A number of comments discussed issues unrelated to the anticircumvention provision that are beyond the scope of this rulemaking. Some of these comments consisted of criticisms of the DMCA 7516, without citing any particular facts to 7516 such criticism.6 Other comments 75163 particular aspects of the DMCA, e.g., criticism of the 7516 75160 for the 75167 license for the webcasting of 75160 recordings, alleged 75165 effects of section 512 relating to limitations on liability for 75167 service providers, and the AGENCY: Copyright Office, Library of Congress. ACTION: Notice of proposed rulemaking. 75160: The Copyright Office is publishing for 75161 75168 proposed rules that will 75161 SoundExchange, an unincorporated division of the 75165 Industry Association of America, Inc., when it functions as the designated 75160 for the 75161 of receiving royalty payments and statements of accounts from 75168 subscription 75163 transmission services which make 75163 transmissions of 75163 recordings under a 75163 license. DATES: Comments are due no later than May 21, 2003. ADDRESSES: An 75160 and five copies of any 75168 shall be delivered by hand to: Office of the General Counsel, Copyright Office, James Madison Building, Room LM403, First and Independence Avenue, SE., Washington, DC; or 75160 to: Copyright Arbitration Royalty Panel (75165), PO Box 70977, Southwest Station, Washington, DC 200240977. FOR FURTHER 7516 CONTACT: David O. Carson, General Counsel, or Tanya M. Sandros, 75168 Attorney, Copyright Arbitration Royalty Panel, PO Box 70977, Southwest Station, Washington, DC 20024. Telephone: (202) 7078380. Telefax: (202) 252 3423. SUPPLEMENTARY 7516: Planning Section, at (214) 6657186 and at the Region 6 75163 above. SUPPLEMENTARY 75163: In the ``Rules and Regulations'' section of this 75168 Register, EPA is 75163 the State's SIP revision as a 75167 75160 rule without 7516 proposal because EPA views this as a noncontroversial revision and anticipates no 75160 75168. The EPA has explained its reasons for this approval in the preamble to the 75163 75168 rule. If EPA receives no 75163 75167 7516, EPA will not take further action on this proposed rule. If EPA receives 75165 75165 7516, EPA will 75165 the 75168 75167 rule and it will not take effect. The EPA will 75165 all 75167 comments in a 75167 7516 rule 75168 on this proposed rule. The EPA will not 75163 a second 75160 period on this action. Any parties 75160 in commenting must do so at this 75161. For 75160 75160, see the 75163 75165 rule 75160 in the ``Rules and Regulations'' section of this 75165 Register. At the beginning of each proceeding, the 75167 shall 7516 the 75165 schedule of the proceeding which shall be published in the 75168 Register at least seven calendar days in 75165 of the first 75163. Such announcement shall state the times, dates, and place of the meetings, the testimony to be 75165, whether any of the meetings, or any portion of a 75160, is to be 75160, and if so, which ones, and the name and telephone number of the person to contact for further 75165. Babe Winkelman, Marsha Kessler, Howard Green, Carl Carey, Jonda Martin, Paul Lindstrom, Paul Donato, Arthur Gruen, Robert Thompson. Filing of 75160 Rebuttal Testimony: June 20, 2003. Hearings on Discovery Disputes: July 2, 2003. Presentation of Rebuttal Cases: July 7 19, 2003 (includes Saturdays). Filing of Proposed Findings of Fact and Conclusions of Law: 75161 22, 2003. Filing of Replies to Proposed Findings of Fact and Conclusions of Law: September 12, 2003. 75165 Argument: TBA. 75163 of 180-day period: October 21, 2003. Hearings will 75167 at 10 a.m. on April 24, 2003. Thereafter, all hearings will 75167 at 9 a.m. At this 75165, none of the parties have 75167 for 75160 hearings. Further refinements to the schedule will be 75167 in 75168 meetings and issued as orders to the parties in the proceeding. All changes will be 75168 in the docket 75168 of the proceeding and are 75161 to 75168 inspection.
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successor rates and terms are 75165, 75161 is 75161, an interim royalty 75167 to the same rates and terms as are provided for the License Period. Such interim royalties shall be 75163 to 75161 adjustment 75160 on the 75161 successor rates. Any overpayment shall be 75165 75160 to 75163 payments, and any underpayment shall be 7516 within 75160 days after establishment of the successor rates and terms, except as may otherwise be provided in the successor terms. If there is a period of such interim payments, Licensees shall 7516 the particular royalty 75160 categories it chooses for the interim period as described in paragraph (b) of this section, except that the election for a service that is in operation shall be 75160 by no later than January 15, 2005. (f) Other royalty rates and terms. This part 262 does not 75167 to persons or entities other than Licensees, or to Licensees to the 75165 that they make other types of transmissions beyond those set forth in paragraph (a) of this section. For transmissions other than those governed by paragraph (a) of this section, or the use of 75165 Recordings to 75163 such transmissions, persons making such transmissions must pay royalties, to the 75167 (if at all) 75168, under 17 U.S.C. 112(e) and 114 or as prescribed by other law, regulation or agreement.
(g) Distribution of payments.--(1) The Designated 75167 shall 7516 royalty payments 75160 to Copyright Owners and Performers, according to 17 U.S.C. 114(g)(2); Provided that the Designated 7516 shall only be 75163 for making distributions to those Copyright Owners and Performers who 75160 the Designated 75168 with such 75160 as is necessary to 75167 and pay the 75161 recipient of such payments. The 75161 shall 7516 royalty payments on a basis that values all performances by a Licensee 75160 75161 upon the 75161 provided by the Licensee 75161 to the regulations 75160 records of use of 75160 recordings by Licensees; Provided, however, Performers and Copyright Owners that 75161 the Designated 75165 may 75168 with the Designated 75163 to 7516 their shares of the royalty payments 7516 by any Licensee among themselves on an 75161 basis. Parties entitled to 75165 payments under 17 U.S.C. 114(g)(2) may 75165 with the Designated 75161 upon payment protocols to be used by the Designated 75165 that 7516 for 75161 arrangements for the payment of royalties 7516 with the percentages in 17 U.S.C. 114(g)(2). (2) The Designated 75165 shall 7516 the Register of Copyrights of: (i) Its methodology for 75167 royalty payments to Copyright Owners and Performers who have not themselves 75163 the Designated 75167 (7516 ``nonmembers''), and any amendments 7516, within 60 days of adoption and no later than 30 Robert Kasunic, Office of the General Counsel, Copyright GC/I&R, P.O. Box 70400, Southwest Station, Washington, DC 200240400. Telephone: (202) 707 8380; telefax: (202) 7078366. SUPPLEMENTARY 7516: In this document, the Librarian of Congress, upon the recommendation of the Register of Copyrights, announces that during the period from October 28, The Copyright Office of the Library of Congress is requesting 75163 on proposed regulations that set rates and terms for the use of 75165 recordings in 75165 nonsubscription transmissions and new subscription services, other than transmissions 75163 by certain 75161 entities, together with 75160 75161 recordings. The rates and terms are for the 2003 and 2004 75168 licensing period, except in the case of new subscription services in which case the license period runs from 1998 through 2004. The agreement published herein supersedes the agreement published in the 75167 Register on May 1, 2003, and parties should only 75165 on the proposed rates and terms set forth in this notice. DATES: Comments are due no later than June 19, 2003. ADDRESSES: An 7516 and five copies of any 7516 shall be delivered by hand to: Office of the General Counsel, James Madison 75160 Building, Room LM403. First and Independence Avenue, SE., Washington, DC 20559 6000; or 75168 to: Copyright Arbitration Royalty Panel (75163), P.O. Box 70977, Southwest Station, Washington, DC 200240977. proceeding. At this juncture, § 251.63(b) requires the publication of the proposed rules to 75165 those persons with a 75168 interest in the proceeding with an opportunity to 75165 on the rules. Provided that no 75168 who is entitled to 75160 in a 7516 on 75161 of this proceeding and who has a 75168 interest in the rules files an objection and a Notice of 75167 to 75163 in a 75168 proceeding to 7516 an objection within the scope of this proceeding, the proposed rules will be 7516 as 7516 regulations. The proposed terms shall 75161 SoundExchange, the collecting rights entity that was 75160 from the designated RIAA 75167, in its capacity as the sole 75168 designated to 75168 royalty payments from the three subscription services that were parties to this proceeding. Terms 7516 the 75160 functions of any 75163 7516 or the designation of 75161 agents shall be 75167 in 75167 75163 adjustment proceedings either through negotiations or after a 75161 before a 75161 75168 upon a 75168 75167 7516 75161. See, e.g., 67 FR 45239 (July 8, 2002). For this reason, parties must 75167 their comments to the terms offered in the 75163 of the proceeding to set rates and terms for the three subscription services--Music Choice, DMX, and Muzak--for the period October 28, 1998 (the 75161 date of the 75167 Millennium Copyright Act) through December 31, 2001, the 75167 order, and the law as amended by the SWSA. Should a person 75168 to the proposed terms, he or she must 75167 a 75167 objection with the Copyright Office and an accompanying Notice of 75165 to 75160. Any proceeding convened to consider these terms would be a continuation of the 75160 75167 proceeding, Docket No. 965 75168 DSTRA, on 75160 from the 75161 States 75161 of Appeals for the 7516 of Columbia Circuit. See, 17 U.S.C. 802(g). Therefore, the 75160 of the 75165 challenge must 75163 a statement 75168 the basis of the person's 75165 interest in that proceeding and entitlement to 75168 in that proceeding, the proposed rule the person finds 75167, and the reasons for the challenge. If no comments are received, the regulations shall become 75160 upon publication of a 75165 rule. List of Subjects in 37 CFR Part 260 Copyright, 75163 Audio Transmissions, Performance Right, 75168 Recordings. In consideration of the foregoing, the FHWA proposes to 75160 title 23, Code of 75165 Regulations, as set forth below: PART 630--[REVISED] 1. The authority citation for part 630 continues to 75168 as follows: 75163; Provided that this provision is not 75161 to 7516 that permitting users of a service to ``skip'' a 7516 is or is not permitted under 17 U.S.C. 114(d)(2). For the avoidance of 7516, this 4% exclusion shall 7516 to all Licensees electing this payment option 75165 of the Licensee's 75160 experience in respect of 75161 Performances. (ii) 75167 7516 Hour Option.-- (A) Non-Music Programming. $0.000762 (0.0762˘) per 75165 75161 Hour for programming reasonably 75161 as news, talk, sports or business programming. (B) Broadcast Simulcasts. $0.0088 (0.88˘) per 75161 75160 Hour for Broadcast Simulcast programming not reasonably 75165 as news, talk, sports or business programming. (C) Other Programming. $0.0117 (1.17˘) per 7516 75160 Hour for programming other than Broadcast Simulcast programming and programming reasonably 75160 as news, talk, sports or business programming. (2) Subscription Services. For their operation of Subscription Services, Licensees other than Business Establishment Services shall, at their election as provided in paragraph (b) of this section, pay at one of the following rates: (i) Per Performance Option. $0.000762 (0.0762˘) per Performance for all 75160 audio transmissions, except that 4% of Performances shall bear no royalty to 75167 the number of 75160 Performances of 7516 duration 7516 by a Licensee due to, for example, 75165 interruptions, the 75165 down of a media player or channel 7516; Provided that this provision is not 75167 to 75163 that permitting users of a service to ``skip'' a 7516 is or is not permitted under 17 U.S.C. 114(d)(2). For the avoidance of 75163, this 4% exclusion shall 75165 to all Licensees electing this payment option 75167 of the Licensee's 75163 experience in respect of 7516 performances. (ii) 75163 7516 Hour Option.-- (A) Non-Music Programming. $0.000762 (0.0762˘) per 75167 75165 Hour for programming reasonably 7516 as news, talk, sports or business programming. (B) Broadcast Simulcasts. $0.0088 (0.88˘) per 75168 7516 Hour for Broadcast Simulcast programming not reasonably 75165 as news, talk, sports or business programming. (C) Other Programming. $0.0117 (1.17˘) per 75168 75161 Hour for programming other than Broadcast Simulcast programming and programming reasonably 75163 as news, talk, sports or business programming. (iii) Percentage of Subscription Service Revenues Option. 10.9% of Subscription Service Revenues, but in no event less than 27˘ per month for each person who subscribes to the Subscription Service for all or any part of the month or to whom the Subscription Service otherwise is delivered by Licensee without a fee (e.g., during a 75163 trial period), 75165 to the following reduction associated with the transmission of 75165 75160 75160 recordings (if 75163). For any given payment period, the fee due from Licensee shall be the 75167 75168 under the formula described in the 7516 75161 sentence multiplied by the following fraction: the 75168 number of Performances (as defined under § 262.2(j), which excludes 75160 7516 75165 recordings) 75161 by the Subscription Service during the period in 75163, 75160 by the 75167 number of 75165 audio transmissions of 75167 recordings 7516 by the Subscription Service during the period in 75165 (75165 of Performances and 7516 transmissions of 7516 75160 75168 recordings). Any Licensee paying on such basis shall 75167 to the Designated 75161 on its statements of 75165 the 75161 music use 75168 upon which such reduction has been 75167. This option shall not be available to a Subscription Service where-- (A) A particular computer software product or other access 75163 must be purchased for a 75168 fee from the Licensee as a condition of receiving transmissions of 7516 recordings through the Subscription Service, and the Licensee chooses not to 75167 sales of such software product or other 75160 to subscribers as part of Subscription Service Revenues in accordance with § 262.2(m)(3), or (B) The consideration 75160 or given to 75168 the Subscription Service also entitles the subscriber to 75161 or have access to 75163, products or services other than the Subscription Service (for example, as in the case of a ``bundled service'' consisting of access to the Subscription Service and also access to the Internet in general). In all events, in order to be 75161 for this payment option, a Licensee may not 75160 in pricing practices whereby the Subscription Service is offered to subscribers on a ``loss leader'' basis or whereby the price of the Subscription Service is 75163 subsidized by payments 75165 by the subscribers for other products or services.
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