The Next Great Copyright Act
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Notice of Use of Sound Recordings Under Statutory License
Notice of Use of Sound Recordings 5 under Statutory License United States Copyright Office In accordance with 37 CFR 370.2, the transmission service named below hereby files with the Library of Congress, United States Copyright Office, a notice stating the service’s intention to use the statutory license under sections 112(e) or 114(d)(2), or both, of title 17 of the United States Code, as amended by Public Law 104-39, 109 Stat. 336, and Public Law 105-304, 112 Stat. 2860. Please enclose a check or money order for the nonrefundable filing fee of $40.00, payable to Register of Copyrights. Mail to: Check, if applicable: Copyright Royalty Board Amended filing ATTN: Licensing Division PO Box 70977 Washington, DC 20024-0977 Please type or print the requested information for each item. If this is an amended filing, please indicate which item contains new information by checking the “New Information” box to the left of that item. New Information 1 Name of service 2 Mailing address NOTE: A post office box is acceptable if it is the only address that can be used in that geographic location. 3 Telephone no. 4 Fax no. 5 Website address of service http:// NOTE: Information must be provided on how to gain access to the online website or home page of the service, or where information may be posted under the regulations concerning the use of sound recordings. 6 Nature of license and category of service: (Check all that apply) a Statutory license for digital transmissions, 17 USC §114(d)(2) Preexisting subscription service Eligible nonsubscription transmission -
The Music Modernization Act of 2018 and Its Burgeoning Impact Jeffrey G
The Music Modernization Act of 2018 and its Burgeoning Impact Jeffrey G. Knowles, Partner, Coblentz Patch Duffy & Bass LLP Lisa M. Schreihart, Attorney Abstract The Music Modernization Act of 2018 (“MMA”), enacted October 11, 2018, is the most significant reform of music copyright law in decades. As the first major legislation since the Copyright Act of 1976 to affect music royalties, the MMA has made major strides in improving compensation and to level the playing field for all music creators, including songwriters, legacy artists, and music producers. The MMA modernizes the musical works licensing scheme for today’s digital music environment, provides federal copyright protection for pre-1972 sound recordings, and ensures that music producers can get a piece of the royalty pie. The MMA may also have some shortcomings that allow room for legislative growth in the modern music era. This paper describes the key parts of the MMA and eXamines the benefits and criticisms of the Act that have surfaced in the Act’s first year as law. An Overview of the Music Modernization Act The Music Modernization Act (MMA), proposed as H.R. 1551 by Representatives Orrin G. Hatch and Bob Goodlatte, combined the Music Modernization Act of 2018 (S. 2334), the Classics Protection and Access Act (S. 2393), and the Allocation for Music Producers Act (S. 2625). The MMA, an amended version of S. 2823, passed unanimously both in the House as H.R. 5447 on April 25, 2018 and in the Senate on September 18, 2018. The MMA was enacted October 11, 2018. The MMA is intended to: 1) increase compensation to songwriters and streamline licensing of their music; 2) enable artists who recorded music before 1972 to be paid royalties when their music is played on digital services; and 3) enable music producers (e.g., record producers, sound engineers, and other studio professionals) to receive royalties for their creative contributions to recorded music. -
THE LIBRARY of CONGRESS: a DOCUMENTARY HISTORY Guide to the Microfiche Collection
CIS Academic Editions THE LIBRARY OF CONGRESS: A DOCUMENTARY HISTORY Guide to the Microfiche Collection Edited by John Y. Cole With a Foreword by Daniel J. Boorstin The Library of Congress The Library of Congress: A Documentary History Guide to the Microfiche Collection Edited by John Y. Cole CIS Academic Editions Congressional Information Service, Inc. Bethesda, Maryland CIS Staff Editor-in-Chief, Special Collections August A. Imholtz, Jr. Staff Assistant Monette Barreiro Vice President, Manufacturing William Smith Director of Communications Richard K. Johnson Designer Alix Stock Production Coordinator Dorothy Rogers Printing Services Manager Lee Mayer Library of Congress Cataloging-in-Publication Data Library of Congress The Library of Congress. "CIS academic editions." Bibliography: p. Includes indexes. 1. Library of Congress--History--Sources. 2. Libraries, National--United States--History--Sources. I. Cole, John Young, 1940- . II. Title. III. Series. Z733.U6L45 1987 027.573 87-15580 ISBN 0-88692-122-8 International Standard Book Number: 0-88692-122-8 CIS Academic Editions, Congressional Information Service, Inc. 4520 East-West Highway, Bethesda, Maryland 20814 USA ©1987 by Congressional Information Service, Inc. All rights reserved. Printed in the United States of America Contents FOREWORD by Daniel J. Boorstin, Librarian of Congress vii PREFACE by John Y. Cole ix INTRODUCTION: The Library of Congress and Its Multiple Missions by John Y. Cole 1 I. RESOURCES FOR THE STUDY OF THE LIBRARY Studying the Library of Congress: Resources and Research Opportunities, by John Y. Cole 17 A. Guides to Archival and Manuscript Collections 21 B. General Histories 22 C. Annual Reports 27 D. Early Book Lists and Printed Catalogs (General Collections) 43 E. -
Draft of 7/26/2019 RECONCEPTUALIZING
Draft of 7/26/2019 RECONCEPTUALIZING COMPULSORY COPYRIGHT LICENSES 72 Stanford Law Review (Forthcoming 2020) Jacob Victor* ABSTRACT United States copyright law generally assumes that by providing property entitlements in creative works, the free market will balance between two competing priorities: incentivizing creators to produce works and ensuring the public has adequate access to this content. But the Copyright Act also outlines several detailed compulsory licensing schemes requiring the owners of certain copyright interests, musical works in particular, to license to anyone at government-set prices. Consistent with broader property theory concepts, scholars tend to treat compulsory copyright licenses as liability rules used only to address market failures caused by transaction costs. This Article questions that account, arguing that compulsory licensing also plays an important and underexplored role in furthering copyright’s specific policy agenda. A close analysis of the music regulatory regime and its history shows that its primary function has been to recalibrate the balance between creators’ financial incentives and public access to expressive works in situations where free market licensing would yield problematic outcomes. Unlike liability rules designed only to address transaction costs, for which regulators generally try to mimic market rates using market proxies, the compulsory music licensing regime traditionally used copyright policy- oriented rate-setting criteria. Applying these criteria, regulators often chose below-market -
Copyright and State Sovereign Immunity
united states copyright office Copyright and State Sovereign Immunity A REPORT Of ThE REgister Of cOPyRighTs AugusT 2021 united states copyright office Copyright and State Sovereign Immunity A report Of ThE REgister Of cOPyRighTs AugusT 2021 The Honorable Patrick Leahy Chair Subcommittee on Intellectual Property United States Senate 437 Russell Senate Building Washington, D.C. 20510 The Honorable Thom Tillis Ranking Member Subcommittee on Intellectual Property United States Senate 113 Dirksen Senate Office Building Washington, D.C. 20510 August 31, 2021 Dear Chairman Leahy and Ranking Member Tillis: On behalf of the United States Copyright Office, I am pleased to deliver a copy of a report entitled Copyright and State Sovereign Immunity, which is available to the public on the Office’s website. Following the Supreme Court’s decision in Allen v. Cooper, you requested that the Copyright Office undertake a study to determine whether, consistent with the Court’s analysis, Congress could legislatively abrogate state sovereign immunity to suits in federal court for damages for copyright infringement. In response to your request, the Office solicited the views of interested stakeholders and held roundtables to amplify the record. The Office received comments from many copyright owners who believed that their works had been infringed by state entities. A number of state entities provided information about their policies on copyright, and views regarding allegations of infringement and the possible effect of abrogation on their operations. The Office also conducted extensive research into the legal standards governing abrogation in the context of copyright infringement. After carefully evaluating the information provided, the Office can report that the number of allegations of state infringement provided in the course of this study is substantially greater than the number Congress considered when it adopted its prior abrogation legislation, and greater than the evidence found insufficient in prior intellectual property cases. -
Reform(Aliz)Ing Copyright
SPRIGMAN FINAL 12/17/2004 3:36 PM REFORM(ALIZ)ING COPYRIGHT Christopher Sprigman* INTRODUCTION...................................................................................................... 486 I. THE TRADITIONAL CONTOURS OF “CONDITIONAL” COPYRIGHT ....................... 491 A. Formalities in the Early Copyright Statutes ................................................ 491 B. From Conditional to Unconditional Copyright ........................................... 494 1. Voluntary registration and notice............................................................. 494 2. Renewal .................................................................................................... 498 II. FORMALITIES AND THE “TRADITIONAL CONTOURS” OF CONDITIONAL COPYRIGHT .............................................................................................................................. 500 A. Recording Ownership.................................................................................. 500 1. “Signaling” .............................................................................................. 501 2. Maximizing private incentives .................................................................. 501 B. Formalities as a Copyright “Filter”............................................................ 502 1. Registration and notice............................................................................. 502 2. Renewal .................................................................................................... 519 3. Effect -
Country Report Netherlands
Country Report for the United States Annual Report to the IFLA CLM committee Helsinki, 2012 Copyright Proposed legislation Sound Recording Simplification Act. The Sound Recording Simplification Act (H.R. 2933), introduced on September 14, 2011, would bring pre-1972 sound recordings under federal copyright protection by amending §301 of the U.S. Copyright Act. No legislative action was taken by Congress. On December 28, 2011, the U.S. Copyright Office issued a report on Federal Copyright Protection for Pre-1972 Sound Recordings, following a notice of inquiry, request for comments, and public hearings held in May and June 2011. The report, prepared after receiving written and oral input from stakeholders, recommends that sound recordings made before February 15, 1972 be brought into the federal copyright regime. On April 13, 2011, the Association of Research Libraries (ARL) and the American Library Association (ALA) submitted reply comments to the U.S. Copyright Office stating that federalization of protection for pre-1972 sound recordings would create significant challenges for libraries, at http://www.copyright.gov/docs/sound. SOPA, PIPA, and OPEN Stop Online Piracy Act. The Stop Online Piracy Act (H.R. 3261) (SOPA) was introduced on October 26, 2011 “to promote prosperity, creativity, entrepreneurship, and innovation by combating the theft of U.S. property.” Its twin bill in the Senate was the Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011 (Protect IP Act) (S. 968) (PIPA), introduced on May 12, 2011 “to prevent online threats to economic creativity and theft of intellectual property.” This legislation would curtail copyright violations on the Internet by blocking access to and cutting revenue sources for foreign websites primarily dedicated to infringing or counterfeit goods, referred to as “rogue websites.” There was enormous opposition to these bills from technology industry, public interest groups, the library and educational community, and the public. -
Determination of Rates and Terms: Docket 2005-1 CRB DTRA
UNITED STATES COPYRIGHT ROYALTY JUDGES ____________________________________ In the Matter of ) ) DIGITAL PERFORMANCE RIGHT ) Docket No. 2005-1 CRB DTRA IN SOUND RECORDINGS AND ) EPHEMERAL RECORDINGS ) ____________________________________) DETERMINATION OF RATES AND TERMS I. INTRODUCTION A. SUBJECT OF THE PROCEEDING This is a rate determination proceeding convened under 17 U.S.C. 803(b) et seq. and 37 CFR 351 et seq., in accord with the Copyright Royalty Judges’ Notice announcing commencement of proceeding, with a request for Petitions to Participate in a proceeding to determine the rates and terms for a digital public performance of sound recordings by means of an eligible nonsubscription transmission or a transmission made by a new subscription service under section 114 of the Copyright Act, as amended by the Digital Millennium Copyright Act (“DMCA”), and for the making of ephemeral copies in furtherance of these digital public performances under section 112, as created by the DMCA, published at 70 FR 7970 (February 16, 2005). The rates and terms set in this proceeding apply to the period of January 1, 2006 through December 31, 2010. 17 U.S.C. 804(b)(3)(A). B. PARTIES TO THE PROCEEDING The parties to this proceeding are: (i) Digital Media Association and certain of its member companies that participated in this proceeding, namely: America Online, Inc. (“AOL”), Yahoo!, Inc. (Yahoo!”), Microsoft, Inc. (“Microsoft”), and Live365, Inc. (“Live 365”) (collectively referred to as “DiMA”); (ii) “Radio Broadcasters”(this designation was adopted by the parties): namely, Bonneville International Corp., Clear Channel Communications, Inc., National Religious Broadcasters Music License Committee (“NRBMLC”), Susquehanna Radio Corp.; (iii) SBR Creative Media, Inc. -
Section 108 Study Group: Copyright Exceptions for Libraries and Archives
70434 Federal Register / Vol. 71, No. 232 / Monday, December 4, 2006 / Notices time of the preparation of the notice of TUV will meet all the terms of its (preferred) to the e–mail address the preliminary finding. recognition and will always comply [email protected], or (2) by hand OSHA’s recognition of TUV, or any with all OSHA policies pertaining to delivery by a private party or a NRTL, for a particular test standard is this recognition; and commercial, non–government courier or limited to equipment or materials (i.e., TUV will continue to meet the messenger, addressed to the Office of products) for which OSHA standards requirements for recognition in all areas Strategic Initiatives, Library of Congress, require third-party testing and where it has been recognized. James Madison Memorial Building, certification before use in the Edwin G. Foulke, Jr., Room LM–637, 101 Independence workplace. Consequently, if a test Avenue S.E., Washington, DC 20540, Assistant Secretary of Labor. standard also covers any product(s) for between 8:30 a.m. and 5 p.m. E.S.T. If which OSHA does not require such [FR Doc. E6–20406 Filed 12–1–06; 8:45 am] delivering by courier or messenger testing and certification, an NRTL’s BILLING CODE 4510–26–P please provide the delivery service with scope of recognition does not include the Office of Strategic Initiatives phone that product(s). number: (202) 707–3300. (See Many UL test standards also are LIBRARY OF CONGRESS Supplementary Information, Section 4: ‘‘Procedures for Submitting Requests to approved as American National Copyright Office Standards by the American National Participate in Roundtable Discussions Standards Institute (ANSI). -
U.S. Copyright Office: the Register's Perspective on Copyright Review
Statement of MARIA A. PALLANTE UNITED STATES REGISTER OF COPYRIGHTS AND DIRECTOR OF THE U.S. COPYRIGHT OFFICE BEFORE THE COMMITTEE ON THE JUDICIARY United States House of Representatives “THE REGISTER’S PERSPECTIVE ON COPYRIGHT REVIEW” April 29, 2015 Statement of MARIA A. PALLANTE UNITED STATES REGISTER OF COPYRIGHTS AND DIRECTOR OF THE U.S. COPYRIGHT OFFICE BEFORE THE COMMITTEE ON THE JUDICIARY United States House of Representatives “THE REGISTER’S PERSPECTIVE ON COPYRIGHT REVIEW” April 29, 2015 Chairman Goodlatte, Ranking Member Conyers, and Members of the Judiciary Committee: It is a great honor to appear before you again to discuss issues of copyright law and copyright administration. My staff and I wish to thank you for the attention this Committee has invested in reviewing the Copyright Act and related provisions of Title 17 during the past two years. During this time, you convened twenty hearings and traversed the formidable span of Title 17. This represents the most comprehensive focus on copyright issues in over four decades. I. BACKGROUND AND THEMES Although copyright law has grown more legally complex and economically important in recent years, Congress is uniquely positioned to sort through the many competing equities that comprise the public interest in this modern era.1 Questions include: how best to secure for authors the exclusive rights to their creative works; how to ensure a robust copyright marketplace; how to craft essential exceptions, safe harbors, and limitations; and how to provide appropriate direction, oversight, and regulation. This balancing act is not 1The United States Congress is not alone in this undertaking. -
COPYRIGHT FORMALITIES in the INTERNET AGE: FILTERS of PROTECTION OR FACILITATORS of LICENSING Stef Van Gompel †
COPYRIGHT FORMALITIES IN THE INTERNET AGE: FILTERS OF PROTECTION OR FACILITATORS OF LICENSING Stef van Gompel † I. INTRODUCTION .......................................................................................... 1426 II. MAPPING THE OBJECTIVES ................................................................. 1430 A. HIERARCHY OF OBJECTIVES................................................................. 1430 B. LEGAL CERTAINTY THROUGH FACILITATION OF RIGHTS CLEARANCE AND ENLARGEMENT OF THE PUBLIC DOMAIN ........ 1431 III. THE DIFFERENT FLAVORS OF COPYRIGHT FORMALITIES ................................................................................................ 1435 A. TYPES OF FORMALITIES ......................................................................... 1435 B. VOLUNTARY VERSUS MANDATORY FORMALITIES .......................... 1437 C. LEGAL EFFECTS OF FORMALITIES ...................................................... 1438 IV. ENLARGING THE PUBLIC DOMAIN ................................................ 1440 A. MAKING COPYRIGHT CONDITIONAL ON MANDATORY FORMALITIES ........................................................................................... 1441 B. MANDATORY REGISTRATION AFTER LIFE-PLUS-FIFTY YEARS ........................................................................................................ 1444 C. ENCOURAGING THE VOLUNTARY ABANDONMENT OF COPYRIGHT .............................................................................................. 1445 V. FACILITATING THE CLEARANCE OF RIGHTS ......................... -
Money for Something: Music Licensing in the 21St Century
Money for Something: Music Licensing in the 21st Century Updated February 23, 2021 Congressional Research Service https://crsreports.congress.gov R43984 SUMMARY R43984 Money for Something: Music Licensing in the February 23, 2021 21st Century Dana A. Scherer Songwriters and recording artists are generally entitled to receive compensation for Specialist in (1) reproductions, distributions, and public performances of the notes and lyrics they create (the Telecommunications musical works), as well as (2) reproductions, distributions, and certain digital public Policy performances of the recorded sound of their voices combined with instruments (the sound recordings). The amount they receive, as well as their control over their music, depends on market forces, contracts between a variety of private-sector entities, and laws governing copyright and competition policy. Who pays whom, as well as who can sue whom for copyright infringement, depends in part on the mode of listening to music. Congress enacted several major updates to copyright laws in 2018 in the Orrin G. Hatch-Bob Goodlatte Music Modernization Act (MMA; P.L. 115-264). The MMA modified copyright laws related to the process of granting and receiving statutory licenses for the reproduction and distribution of musical works (known as “mechanical licenses”). The law set forth terms for the creation of a nonprofit “mechanical licensing collective” through which owners of copyrights in musical works could collect royalties from online music services. The law also changed the standards used by a group of federal administrative law judges, the Copyright Royalty Board, to set royalty rates for some statutory copyright licenses, as well as the standards used by a federal court to set rates for licenses to publicly perform musical works offered by two organizations representing publishers and composers, ASCAP and BMI.