94-15524. Copyright Arbitration Royalty Panels: Rules and Regulations  

  • [Federal Register Volume 59, Number 123 (Tuesday, June 28, 1994)]
    [Unknown Section]
    [Page ]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-15524]
    
    
    [Federal Register: June 28, 1994]
    
    
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    LIBRARY OF CONGRESS
    
    Copyright Office
    
    37 CFR Parts 201, 253, 255, and 259
    
    [Docket Nos. RM 89-1 and 94-1A]
    
    
    Copyright Arbitration Royalty Panels: Rules and Regulations
    
    AGENCY: Copyright Office, Library of Congress.
    
    ACTION: Final rule and corrections.
    
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    SUMMARY: As directed in the Copyright Royalty Tribunal Reform Act of 
    1993, the Copyright Office of the Library of Congress adopted the rules 
    and regulations of the Tribunal that were found in 37 CFR chapter III 
    on an interim basis with only technical changes. It later issued 
    revised rules and regulations. The Office failed to amend one of the 
    existing Copyright Office regulations and also erred in several 
    sections of the revised interim regulations. The Office is making only 
    technical changes to correct those errors.
    
    EFFECTIVE DATE: June 28, 1994.
    
    FOR FURTHER INFORMATION CONTACT:
    Eric Schwartz, Acting General Counsel, Library of Congress, Department 
    17, Washington, DC 20540. Telephone (202) 707-8380.
    
    SUPPLEMENTARY INFORMATION: On December 17, 1993, the President signed 
    into law the Copyright Royalty Tribunal Reform Act of 1993 (Reform 
    Act). Pub. L. No. 103-198. Effective immediately upon enactment, the 
    Reform Act amended the Copyright Act, 17 U.S.C., by eliminating the 
    Copyright Royalty Tribunal and transferring its responsibilities and 
    duties to ad hoc copyright royalty panels, to be administered by the 
    Library of Congress and the Copyright Office. The copyright royalty 
    panels will be convened by the Librarian of Congress for limited times 
    for the purpose of adjusting rates and distributing royalties collected 
    under the compulsory licenses of the Copyright Code. See 17 U.S.C. 111, 
    115, 118, 119, and Chapter 10.
        The Reform Act eliminated the Copyright Royalty Tribunal and 
    directed the Librarian of Congress to adopt immediately the rules and 
    regulations of the Tribunal in their entirety. We adopted the 
    Tribunal's regulations with certain technical amendments as interim 
    regulations on December 22, 1993 (58 FR 67690). In one part of these 
    interim regulations we changed the terms ``Copyright Royalty Tribunal'' 
    and ``Tribunal'' wherever they appeared to ``copyright arbitration 
    royalty panels and/or Librarian of Congress''. We did not change any 
    references to the Tribunal in our own regulations at that time.
        On May 9, 1994, we issued interim regulations in the Federal 
    Register (59 FR 23964) amending the interim regulations we had adopted 
    on December 22, 1993. In the amended regulations of May 9, 1994, we 
    made errors in Secs. 253.8(e); 255.3(g)(1); 259.1; 259.2, 
    259.3(d)(e)(f); and 259.4(a)(b)(d). In the December 22, 1993, 
    amendments, we had changed the designations ``Copyright Royalty 
    Tribunal'' and ``Tribunal'' to ``copyright arbitration royalty panels 
    and/or Librarian of Congress''. We failed to recognize all of these 
    changes when we revised the interim regulation on May 22, 1994, and 
    inserted ``Copyright Office'' in some sections. However, instead of 
    amending the existing terms ``copyright arbitration royalty panel and/
    or Librarian of Congress'' we made these amendments to the already 
    deleted terms ``Copyright Royalty Tribunal'' and ``Tribunal'' or 
    ``CRT''. This document will correct the errors found in the May 9, 
    1994, document.
        Also, we did not earlier amend Sec. 201.16 (a) and (b)(3)(iii) of 
    our regulations to add ``the former'' in front of Copyright Royalty 
    Tribunal in Sec. 201.16(a) and change ``Copyright Royalty Tribunal'' to 
    ``copyright arbitration royalty panels and/or Librarian of Congress'' 
    in Sec. 201.16(b)(3)(iii). This rule is issued as a final rule for 
    Sec. 201.16 (a) and (b)(3)(iii) and a correction of the document of May 
    9, 1994.
    
    List of Subjects
    
    37 CFR 201
    
        Copyright, Coin-operated, Phonorecord players.
    
    37 CFR 253
    
        Copyright, Music, Radio, Rates, Television.
    
    37 CFR 255
    
        Copyright, Music, Recordings.
    
    37 CFR 259
    
        Claims, Copyright, Digital audio recording devices and media.
    
        For the reasons set out in the preamble, 37 CFR chapter II is 
    amended or corrected under the authority of 17 U.S.C. 702 and 802(d).
    
    
    Sec. 201.16  [Amended]
    
        1. Section 201.16 is amended.
        1a. The authority citation for part 201 continues to read as 
    follows:
    
        Authority: 17 U.S.C. 702 and 802(d).
    
        1b. In paragraph (a) by adding ``the former'' in front of Copyright 
    Royalty Tribunal.
        1c. In paragraph (b)(3)(iii) by removing ``Copyright Royalty 
    Tribunal'' and adding in its place ``copyright arbitration royalty 
    panel and/or Librarian of Congress''.
        2. In the rule document beginning on page 23964 in the issue of 
    Monday, May 9, 1994, make the following corrections.
    
    
    Sec. 255.3  [Corrected]
    
        2a. On page 23993, in the third column in the amendment to 
    Sec. 255.3, remove ``Copyright Royalty Tribunal'' and replace it with 
    ``copyright arbitration royalty panel and/or Librarian of Congress''.
    
    
    Sec. 259.1  [Corrected]
    
        2b. On page 23994, in the third column in the amendment to 
    Sec. 259.1, remove ``Copyright Royalty Tribunal'' and replace it with 
    ``copyright arbitration royalty panel and/or Librarian of Congress''.
    
    
    Sec. 259.2  [Corrected]
    
        2c. On page 23994, in the third column in the amendment to 
    Sec. 259.2, remove ``Copyright Royalty Tribunal'' and replace it with 
    ``copyright arbitration royalty panel and/or Librarian of Congress''.
    
    
    Sec. 259.3  [Corrected]
    
        2d. On page 23994, in the third column in the amendment to 
    Sec. 259.3, remove ``Copyright Royalty Tribunal'' and replace it with 
    ``copyright arbitration royalty panel and/or Librarian of Congress''.
    
    
    Sec. 259.4  [Corrected]
    
        2e. On page 23995, in the first column in the amendment to 
    Sec. 259.4, remove ``Copyright Royalty Tribunal'' and replace it with 
    ``copyright arbitration royalty panel and/or Librarian of Congress''.
    Barbara Ringer,
    Acting Registrar of Copyrights.
    [FR Doc. 94-15524 Filed 6-27-94; 8:45 am]
    BILLING CODE 1410-09-M
    
    
    

Document Information

Published:
06/28/1994
Department:
U.S. Copyright Office, Library of Congress
Entry Type:
Uncategorized Document
Action:
Final rule and corrections.
Document Number:
94-15524
Dates:
June 28, 1994.
Pages:
0-0 (None pages)
Docket Numbers:
Federal Register: June 28, 1994, Docket Nos. RM 89-1 and 94-1A