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USCOPYRIGHT  June 2002

USCOPYRIGHT June 2002

Subject:

U.S. Copyright Office NewsNet Issue 163

From:

Copyright News <[log in to unmask]>

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[log in to unmask]

Date:

Thu, 20 Jun 2002 17:18:14 -0400

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U.S. Copyright Office
NewsNet

June 20, 2002
Issue 163

**********************************************************
For additional information, visit the Copyright Office
homepage at

<a href="http://www.loc.gov/copyright">
http://www.loc.gov/copyright </a>

**********************************************************
CONTENTS

* News *

Copyright Office

Determination of the Librarian of Congress on Rates and
Terms for Webcasting and Ephemeral Recordings Posted to
Website

* Calendar *

* To Subscribe/Unsubscribe to NewsNet *

**********************************************************
* NEWS *

-----------Copyright Office------------------

DETERMINATION OF THE LIBRARIAN OF CONGRESS ON RATES AND
TERMS FOR WEBCASTING AND EPHEMERAL RECORDINGS POSTED TO
WEBSITE

The Librarian of Congress has accepted the recommendation of
the Register of Copyrights and rejected the rates and terms
recommended by a Copyright Arbitration Royalty Panel (CARP)
for the statutory license for eligible nonsubscription
services to perform sound recordings publicly by means of
digital audio transmissions ("webcasting") under 17 U.S.C.
Section 114 and the statutory license to make ephemeral recordings
of sound recordings for use of sound recordings under 17
U.S.C. Section 112.

The most significant difference between the CARP's
determination and the Librarian's decision is that the
Librarian has abandoned the CARP's two-tiered rate structure
of 0.14 cents per performance for "Internet-only"
transmissions and 0.07 cents for each retransmission of a
performance in an AM/FM radio broadcast, and has decided
that the rate of 0.07 cents will apply to both types of
transmission. Some of the rates for noncommercial
broadcasters have also been decreased, and the fee
webcasters and broadcasters must pay for the making of
ephemeral recordings has been reduced from 9 percent of the
performance fees to 8.8 percent. The minimum payment for
business establishment services was increased to $10,000.

To view a summary of the Librarian's determination and the
full text of the regulations adopted by the Librarian, go to

<a href="http://www/copyright.gov/carp/webcasting_rates_final.html">
www.copyright.gov/carp/webcasting_rates_final.html </a>

The Register's recommendation and the Librarian's order will
be available to the public next week.

**********************************************************
* CALENDAR *

July 1: Expected effective date of Copyright Office fee
changes (67 FR 38003)

July 1: Beginning of 60-day period when, in the absence of a
license agreement, a party with a significant interest in
establishing reasonable terms and rates for certain
statutory licenses may file a petition to initiate a rate
setting proceeding (67 FR 4472)

October 7: Initiation date should arbitration proceedings be
necessary in adjustment of rates and terms for noncommercial
educational broadcasting compulsory license

**********************************************************
* TO SUBSCRIBE/UNSUBSCRIBE TO NEWSNET *

To subscribe or unsubscribe, fill in the Web form at
<a href="http://www.loc.gov/copyright/newsnet/subchange.html">
http://www.loc.gov/copyright/newsnet/subchange.html </a>

or

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