[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; 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.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).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.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:
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(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.
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(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:
----------------------------------------------------------------------
on---------------------------------------------------------------------
{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
