[Federal Register: May 26, 2005 (Volume 70, Number 101)]
[Rules and Regulations]
[Page 30366-30367]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26my05-7]
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LIBRARY OF CONGRESS
Copyright Office
37 CFR Part 201
[Docket No. RM 2005-4]
Statements of Account
AGENCY: Copyright Office, Library of Congress.
ACTION: Final rule.
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SUMMARY: The Copyright Office is amending its rules to require cable
operators, satellite carriers, and manufacturers and importers of
digital audio recording technology and media to file with the Licensing
Division of the Copyright Office a copy of their statement of account
together with the original statement of account.
DATE: This rule shall take effect on July 1, 2005.
FOR FURTHER INFORMATION CONTACT: David O. Carson, General Counsel, or
Tanya M. Sandros, Associate General Counsel, Copyright GC/R&I, P.O. Box
70400, Southwest Station, Washington, DC 20024-0400. Telephone: (202)
707-8380. Telefax: (202) 707-8366.
SUPPLEMENTARY INFORMATION: The Copyright Act, title 17 of the United
States Code, requires cable operators and satellite carriers making
secondary transmissions of broadcast signals under a statutory license
to file with the Copyright Office statements of account every six
months together with the royalty fees required for use of the licenses.
17 U.S.C. 111(d)(2) and 119(b)(1). Similarly, entities that manufacture
and distribute and/or import and distribute digital audio recording
devices or digital audio recording media in the United States must file
with the Licensing Division quarterly and annual statements of account.
17 U.S.C. 1003.
Currently, a licensee operating under any of these three statutory
licenses need file only the original statement of account with the
Copyright Office at the appropriate time. In the case of cable filings,
this form is then copied by the staff in the Licensing Division before
examination, a process which may take four to six months to complete.
In the meantime, statements of account are not available for routine
public viewing. Such a process is inefficient and inhibits the timely
processing of the statements. For this reason, the copyright owners who
are the beneficiaries of the royalty fees paid to the Copyright Office
have requested that the Office amend its rules to require the licensees
to file both an original statement of account and a copy of the
statement at the time of payment of the royalty fees.
Their suggestion offers a practical and inexpensive solution to the
problems noted above. Filing an original and one copy of the statement
of account will have a two-fold benefit. The submission of a second
copy will eliminate one time-consuming step in the processing of the
statements, thereby increasing the efficiency associated with handling
the statements at the initial stage. Certainly, it is far easier and
less expensive for the licensee to make a single copy of its statement
of account than to have the staff of the Licensing Division assume this
burden on behalf of the thousands of licensees who file quarterly,
semi-annual, and annual statements of account. Moreover, the ready
availability of a copy of the cable and satellite statements of account
will expedite the creation of the public file for review by copyright
owners and other interested parties.
For these reasons, the Copyright Office is amending its rules to
require each licensee to file a copy of its statement of account with
the Licensing Division of the Copyright Office along with the original
statement of account.
The Office is also revising the section heading for Sec. 201.11 by
removing the phrase ``for private home viewing'' to reflect the fact
that the section 119 statutory license is no longer limited to private
home viewing. Under the Satellite Home Viewer Extension and
Reauthorization Act (``SHVERA''), Public Law 108-447, which was signed
into law on December 8, 2004, satellite carriers can now provide
secondary retransmissions to private homes and to commercial
establishments.
This final rule is being published without opportunity for notice
and comment because it is a rule of agency practice and procedure.
Moreover, the Office finds that there is good cause to conclude that
providing the opportunity for notice and comment would be
impracticable, unnecessary and contrary to the public interest because
this rule simply requires a licensee to make and submit a single copy
of its statements of account, a trivial burden compared to the
administrative burden to the Office of making copies of all statements
of account. See 5 U.S.C. 553(b)(A) and (B).
Regulatory Flexibility Act Statement
Although the Copyright Office, as a department of the Library of
Congress and part of the Legislative Branch, is not an ``agency''
subject to the Regulatory Flexibility Act, 5 U.S.C. 601-612, the
Register of Copyrights has considered the effect of the proposed
amendment on small businesses. The Register has determined that the
amendments would not have a significant economic impact on a
substantial number of small business entities that would require a
provision of special relief for them. The amendments are designed to
minimize any significant economic impact on small business entities.
List of Subjects in 37 CFR 201
Copyright.
Final Regulations
0
In consideration of the foregoing, the Copyright Office is amending
part 201 of 37 CFR as follows:
PART 201--GENERAL PROVISIONS
0
1. The authority citation for part 201 continues to read as follows:
Authority: 17 U.S.C. 702.
0
2. Section 201.11 is amended as follows:
0
a. by revising the section heading,
0
b. by redesignating paragraphs (g) and (h) as paragraphs (h) and (i),
respectively, and
0
c. by adding a new paragraph (g).
The revisions and additions to Sec. 201.11 reads as follows:
Sec. 201.11 Satellite carrier statements of account covering
statutory licenses for secondary transmissions.
* * * * *
(g) Copies of statements of account. A licensee shall file an
original and one copy of the statement of account with the Licensing
Division of the Copyright Office.
* * * * *
0
3. Section 201.17 is amended as follows:
[[Page 30367]]
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a. by redesignating paragraphs (j) and (k) as paragraphs (k) and (l),
respectively, and
0
b. by adding a new paragraph (j).
The revisions and additions to Sec. 201.17 reads as follows:
Sec. 201.17 Statements of Account covering compulsory licenses for
secondary transmissions by cable systems.
* * * * *
(j) Copies of statements of account. A licensee shall file an
original and one copy of the statement of account with the Licensing
Division of the Copyright Office.
* * * * *
0
4. Section 201.28 is amended as follows:
0
a. by redesignating paragraphs (g) through (k) as paragraphs (h)
through (l), respectively, and
0
b. by adding a new paragraph (g).
The revisions and additions to Sec. 201.28 reads as follows:
Sec. 201.28 Statements of Account for digital audio recording devices
and media.
* * * * *
(g) Copies of statements of account. A licensee shall file an
original and one copy of the statement of account with the Licensing
Division of the Copyright Office.
* * * * *
Dated: May 18, 2005
Marybeth Peters,
Register of Copyrights.
Approved by:
James H. Billington,
The Librarian of Congress.
[FR Doc. 05-10552 Filed 5-25-05; 8:45 am]
BILLING CODE 1410-30-S