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Issue
299 -November 1, 2006 |
Copyright Office Announces Receipt of Notice of Intent to Audit
The Copyright Office of the Library of Congress announces receipt of a
Notice of Intent from SoundExchange to audit 2005 statements of
account concerning the eligible nonsubscription and subscription transmissions
of sound recordings made by Live354, Inc., under statutory licenses. This
audit expands a current audit by SoundExchange for the years 2002, 2003,
and 2004 (71 FR 624). A copy of the new Notice of Intent to Audit Live365,
Inc., is posted on the Copyright Office website.
Copyright Office Responds to Novel Questions of Law from Copyright Royalty
Board
The Copyright Royalty Board, acting pursuant to statute, referred two novel
questions of law to the Register of Copyrights. Specifically, the
Copyright Royalty Board requested a decision by the Register regarding
whether ringtones (monophonic, polyphonic, or mastertone) are subject
to the statutory license for making and distributing phonorecords
under the Copyright Act, and if so, what legal conditions and/or
limitations would apply. The Register transmitted a Memorandum
Opinion to the Copyright Royalty Board stating that, in general,
a ringtone will fall within the scope of the statutory license
unless it has so altered the musical composition as to constitute
a derivative work. Simply excerpting a single portion of a licensed
sound recording of a musical composition will not constitute the
making of a derivative work. The Register states that it is clear
that many, but not all, ringtones will fall within the scope of
the section 115 license. Therefore, it is appropriate for the Copyright
Royalty Judges to determine royalties to be payable for the making
and distribution of ringtones under the compulsory license. (Read further information.)
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Through early
2007 |
Copyright Office Public Information Office
temporarily relocated to room LM-430 in James Madison Memorial
Building |
November 6 |
Due date for comments on copyright issues associated
with the secondary transmission of digital television broadcast
signals by cable operators (more) |
December 4 |
Due date for reply comments on copyright issues associated
with the secondary transmission of digital television broadcast
signals by cable operators (more) |
December 4—8 |
Copyright Card Catalog and Copyright Records Room
closed to the public |
December 7 —8 |
Licensing Public Records Office closed to the public |
December 11 |
Opening day of the new Copyright Office public Records
Reading Room in room LM-402 of the James Madison Memorial Building |
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