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Moral Rights of Affairs, by Email at Mstrong@Loc.Gov Or Marine Terminal Industries), and in the Attribution and Integrity by Telephone at 202–707–8350 7870 Federal Register / Vol. 82, No. 13 / Monday, January 23, 2017 / Notices SUMMARY: In accordance with the Signed at Washington, DC, on January 13, any organization the submitter provisions of the Federal Advisory 2017. represents. The Office will post all Committee Act (FACA), and after Jordan Barab, comments publicly in the form that they consultation with the General Services Acting Assistant Secretary of Labor for are received. If electronic submission of Administration, the Secretary of Labor Occupational Safety and Health. comments is not feasible due to lack of is renewing the charter for the Maritime [FR Doc. 2017–01407 Filed 1–19–17; 8:45 am] access to a computer and/or the Advisory Committee for Occupational BILLING CODE 4510–26–P Internet, please contact the Office, using Safety and Health. The Committee will the contact information below, for better enable OSHA to perform its special instructions. duties under the Occupational Safety LIBRARY OF CONGRESS FOR FURTHER INFORMATION CONTACT: and Health Act (the OSH Act) of 1970. Kimberley Isbell, Senior Counsel for U.S. Copyright Office The Committee is diverse and balanced, Policy and International Affairs, by both in terms of segments of the [Docket No. 2017–2] email at [email protected] or by telephone at maritime industry represented (e.g., 202–707–8350; or Maria Strong, Deputy Director for Policy and International shipyard employment, longshoring, and Study on the Moral Rights of Affairs, by email at [email protected] or marine terminal industries), and in the Attribution and Integrity by telephone at 202–707–8350. views and interests represented by the AGENCY: U.S. Copyright Office, Library SUPPLEMENTARY INFORMATION: members. of Congress. I. Background FOR FURTHER INFORMATION CONTACT: ACTION: Notice of inquiry. Amy Wangdahl, Director, Office of The term ‘‘moral rights’’ is taken from SUMMARY: The United States Copyright Maritime and Agriculture, Directorate of the French phrase droit moral, and Office is undertaking a public study to generally refers to certain non-economic Standards and Guidance, U.S. assess the current state of U.S. law Department of Labor, Occupational rights that are considered personal to an recognizing and protecting moral rights author.1 Chief among these are the right Safety and Health Administration, for authors, specifically the rights of Room N–3609, 200 Constitution Avenue of an author to be credited as the author attribution and integrity. As part of this of his or her work (the right of NW., Washington, DC 20210; telephone: study, the Office will review existing attribution), and the right of an author (202) 693–2066. law on the moral rights of attribution to prevent prejudicial distortions of the SUPPLEMENTARY INFORMATION: The and integrity, including provisions work (the right of integrity). These rights Committee will advise OSHA on matters found in title 17 of the U.S. Code as well have a long history in international as other federal and state laws, and relevant to the safety and health of copyright law, dating back to the turn of whether any additional protection is employees in the maritime industry. the 20th century when several European advisable in this area. To support this This includes advice on maritime issues countries included provisions on moral effort and provide thorough assistance that will result in more effective rights in their copyright laws.2 A to Congress, the Office is seeking public provision on moral rights was first enforcement, training, and outreach input on a number of questions. programs, and streamlined regulatory adopted at the international level DATES: Written comments must be efforts. The maritime industry includes through the Berne Convention for the received no later than 11:59 p.m. Protection of Literary and Artistic shipyard employment, longshoring, Eastern Time on March 9, 2017. Written marine terminal, and other related Works (‘‘Berne Convention’’) during its reply comments must be received no Rome revision in 1928.3 The current industries, e.g., commercial fishing and later than 11:59 p.m. Eastern Time on text of article 6bis(1) of the Berne shipbreaking. The Committee will April 24, 2017. The Office may Convention states: ‘‘Independently of function solely as an advisory body in announce one or more public meetings, the author’s economic rights, and even compliance with the provisions of to take place after written comments are after the transfer of the said rights, the FACA and OSHA’s regulations covering received, by separate notice in the author shall have the right to claim advisory committees (29 CFR part 1912). future. authorship of the work and to object to Authority and Signature ADDRESSES: For reasons of government any distortion, mutilation or other efficiency, the Copyright Office is using modification of, or other derogatory Jordan Barab, Acting Assistant the regulations.gov system for the action in relation to, the said work, Secretary of Labor for Occupational submission and posting of public which would be prejudicial to his honor Safety and Health, U.S. Department of comments in this proceeding. All or reputation.’’ 4 Labor, 200 Constitution Avenue NW., comments must be submitted In contrast to the early adoption of Washington, DC 20210, authorized the electronically. Specific instructions for strong moral rights protections in preparation of this notice pursuant to submitting comments will be posted on Sections 6(b)(1), and 7(b) of the the Copyright Office Web site at https:// 1 In this Notice, we use the general term ‘‘author’’ to include all creators, including visual artists and Occupational Safety and Health Act of www.copyright.gov/policy/moralrights/ performers. 1970 (29 U.S.C. 655(b)(1), 656(b)), the comment-submission/. To meet 2 See Sam Ricketson & Jane C. Ginsburg, Federal Advisory Committee Act (5 accessibility standards, all comments International Copyright and Neighboring Rights: U.S.C. App. 2), Section 41 of the must be provided in a single file not to The Berne Convention and Beyond ¶¶ 10.03–.04, at exceed six megabytes (MB) in one of the 587–89 (2d ed. 2006). Longshore and Harbor Workers’ 3 See Miha´ly Ficsor, World Intellectual Property Compensation Act (33 U.S.C. 941), following formats: Portable Document Organization, Guide to the Copyright and Related Secretary of Labor’s Order 1–2012 (77 File (PDF) format containing searchable, Rights Treaties Administered by WIPO and FR 3912, Jan. 25, 2012), and 29 CFR part accessible text (not an image); Microsoft Glossary of Copyright and Related Rights Terms ¶ Word; WordPerfect; Rich Text Format BC-6bis, at 44 (2003). 1912. 4 Berne Convention for the Protection of Literary (RTF); or ASCII text file format (not a and Artistic Works art. 6bis(1), Sept. 9, 1886, as scanned document). All comments must revised July 24, 1971, and as amended Sept. 28, include the name of the submitter and 1979, S. Treaty Doc. No. 99–27 (1986). VerDate Sep<11>2014 19:02 Jan 19, 2017 Jkt 241001 PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 E:\FR\FM\23JAN1.SGM 23JAN1 mstockstill on DSK3G9T082PROD with NOTICES Federal Register / Vol. 82, No. 13 / Monday, January 23, 2017 / Notices 7871 Europe, the United States’ experience A. Moral Rights in the United States Both the House and Senate Judiciary with the concept of moral rights is more Prior to Implementation of the Berne Committees accepted this conclusion,18 recent. The United States did not adopt Convention in 1989 finding that U.S. law met the the Berne Convention right away, only requirements outlined in the Berne joining the Convention in 1989.5 At that In the late 1950s, the Copyright Office Convention’s article 6bis based on the time, the United States elected not to and Congress reviewed the issue of existing patchwork of laws in the adopt broad moral rights provisions in moral rights as part of the larger, United States, including: • its copyright law, but instead relied on comprehensive review of the copyright Section 43(a) of the Lanham Act a combination of various state and laws leading to a general revision of the relating to false designations of origin 12 federal statutes to comply with its Berne 1909 Copyright Act. In support of the and false descriptions, which could be obligations.6 review, William Strauss completed a applied in some instances to attribution study for the Office entitled ‘‘The Moral of copyright-protected work.19 In July 2014, the Subcommittee on Right of the Author’’ in 1959.13 The • The Copyright Act’s provisions Courts, Intellectual Property, and the report found that U.S. common law regarding protection of an author’s Internet of the House Judiciary principles, such as those governing tort exclusive rights in derivatives of his or Committee held a hearing that focused and contract actions, ‘‘afford an her works; 20 limits on a mechanical in part on moral rights for authors in the adequate basis for protection of [moral] licensee’s rights to arrange an author’s United States as part of its broader rights’’ and can provide the same musical composition; 21 and termination review of the nation’s copyright laws.7 protection given abroad under the of transfers and licenses.22 At that hearing, the Chairman of the doctrine of moral rights.14 • State and local laws relating to House Judiciary Committee, publicity, contractual violations, fraud Later, Congress considered the and misrepresentation, unfair Representative Bob Goodlatte, noted specific question of ‘‘whether the competition, defamation, and invasion that ‘‘we should consider whether current law of the United States is of privacy.23 current law is sufficient to satisfy the sufficient, or whether additional laws moral rights of our creators or, whether are needed, to satisfy [Berne article B. Subsequent Developments After the 8 something more explicit is required.’’ 6bis’s] requirements.’’ 15 The majority of U.S.
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