The Copyright Office amends its regulations through rulemakings. These proceedings often involve solicitation of comments from interested parties, roundtable discussions, reply comments, and hearings. Listed below are rulemakings that include such public input. In many cases, public comments, reply comments, and hearing transcripts are provided within the webpages listed below.
Cable Reporting PracticesThe Copyright Office is seeking comment on proposed rules governing the royalty reporting practices of cable operators and concomitant revisions to the Statements of Account filed pursuant to Section 201.17 of the Code of Federal Regulations.
Cable Reporting Practices
Definition of a Cable System: Phantom Signals
The Copyright Office initiated a proceeding to examine the “phantom signal” phenomenon. This matter arises under, and is tied to, the definition of the term “cable system” in Section 111 of the Copyright Act and the Copyright Office's implementing rules.
Section 109 Study on the Cable and Satellite Statutory Licenses under the Copyright Act
Section 109 of the Satellite Home Viewer Extension and Reauthorization Act (SHVERA) of 2004, requires the Register of Copyrights to prepare a report for Congress regarding the operation and revision of the Sections 111, 119, and 122 statutory licenses under the Copyright Act, including her findings and recommendations.
Rulemaking on Exemptions from Prohibition on Circumvention of Technological Measures that Control Access to Copyrighted Works
The Copyright Office conducted this rulemaking proceeding mandated by the Digital Millennium Copyright Act, which provides that the Librarian of Congress may exempt certain classes of works from the prohibition against circumvention of technological measures that control access to copyrighted works.
Retransmission of Digital Broadcast Signals Pursuant to the Cable Statutory License
Mechanical and Digital Phonorecords Delivery Compulsory LicenseSection 115 of the Copyright Act provides a statutory license for the making and distribution of phonorecords of nondramatic musical works, which includes the right to distribute a phonorecord by means of a ‘‘digital phonorecord delivery’’ (‘‘DPD’’). The statute includes a definition of a DPD, and acknowledges the existence of additional DPDs ‘‘where the reproduction or distribution of the phonorecord is incidental to the transmission which constitutes the [DPD]’’. However, the law does not identify which DPDs can be classified as incidental or provide guidelines for making this decision.
The Copyright Office initiated a proceeding to address several issues associated with the secondary retransmission of digital television broadcast signals by cable operators under Section 111 of the Copyright Act.
In addition to issues regarding the scope of the 115 license, the Office continues to explore ways in which the service of Notice of Intention to Obtain Compulsory License under section 115 may be further streamlined.