[Federal Register Volume 63, Number 241 (Wednesday, December 16, 1998)]
[Proposed Rules]
[Page 69251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33342]
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LIBRARY OF CONGRESS
Copyright Office
37 CFR Part 201
[Docket No. RM 98-7B]
Notice and Recordkeeping for Making and Distributing Phonorecords
AGENCY: Copyright Office, Library of Congress.
ACTION: Reopening of comment period.
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SUMMARY: The Copyright Office of the Library of Congress is reopening
the comment period on the requirements by which copyright owners shall
receive reasonable notice of the use of their works in the making and
distribution of phonorecords.
DATES: The comment period is reopened until 12 p.m. on December 24,
1998.
ADDRESSES: If sent by mail, an original and ten copies of the comments
should be addressed to: David O. Carson, General Counsel, Copyright GC/
I&R, PO Box 70400, Southwest Station, Washington, DC 20024. If hand
delivered, an original and ten copies of the comments should be brought
to: Office of the Copyright General Counsel, James Madison Memorial
Building, Room LM-403, First and Independence Avenue, SE, Washington,
DC 20559-6000.
FOR FURTHER INFORMATION CONTACT: David O. Carson, General Counsel, or
Tanya M. Sandros, Attorney Advisor, Copyright GC/I&R, PO Box 70400,
Southwest Station, Washington, DC 20024. Telephone (202) 707-8380 or
Telefax (202) 252-3423.
SUPPLEMENTARY INFORMATION: On September 4, 1998, the Copyright Office
published a notice of inquiry seeking comments on the requirements by
which copyright owners shall receive reasonable notice of the use of
their works in the making and distribution of phonorecords. 63 FR 47215
(September 4, 1998). The Digital Performance Right in Sound Recordings
Act of 1995, Pub. L. 104-39, 109 Stat. 336, requires the Librarian of
Congress to establish these regulations to ensure proper payment to
copyright owners for the use of their works. 17 U.S.C. 115(c)(3)(D).
Comments were timely filed by the American Society of Composers,
Authors and Publishers (ASCAP), Broadcast Music, Inc. (BMI), and the
National Music Publishers' Association, Inc. (NMPA) and the Recording
Industry Association of America, Inc. (RIAA). Reply comments were due
to be filed on November 18, 1998. On November 27, 1998, the Office
granted a request to reopen the reply comment period; under the
reopened deadline, reply comments were due to be filed on December 11,
1998. 63 FR 65567 (November 27, 1998). Although the November 27 Federal
Register notice reopened the reply comment period, the Office
recognizes that submissions filed in accordance with that notice would
have been so substantive in nature as to constitute comments and not
reply comments.
In response to requests for additional time and in light of the
complexity of the issues involved in the adoption of notice and
recordkeeping procedures for the making and distribution of
phonorecords and the substantive nature of the comments to be filed,
the Office agrees that it is appropriate to grant additional time for
all interested parties to file their comments. Thus, the Office sets
the reopened deadline for the filing of comments to 12 p.m. on December
24, 1998. Parties who have previously filed comments may supplement
those comments if they desire.
The Office will not, however, be reopening the reply comment
period. Instead, after the filing of comments, the Office will publish
in the Federal Register either a notice of proposed rulemaking, with a
notice and comment period, or an interim rule, seeking comment.
Dated: December 11, 1998.
David O. Carson,
General Counsel.
[FR Doc. 98-33342 Filed 12-15-98; 8:45 am]
BILLING CODE 1410-31-P
