Section 115 License Statements of Account Rulemaking


On July 27, 2012, the Copyright Office published a notice of proposed rulemaking and request for comments concerning amendments the regulations for reporting Monthly and Annual Statements of Account for the making and distribution of phonorecords under the compulsory license, 17 U.S.C. 115, to bring the regulations up to date to accommodate recent and pending rate determinations by the Copyright Royalty Judges, which among other things provide new rates for limited downloads, interactive streaming and incidental digital phonorecord deliveries, and to harmonize these reporting requirements with the existing regulations for reporting the making and distribution of physical phonorecords, permanent downloads and ringtones. The notice of proposed rulemaking stated that comments would be due no later than September 25, 2012 and that reply comments would be due October 25, 2012.


On September 5, 2012, the Copyright Office received a joint motion from several active institutional participants in the mechanical compulsory license system requesting an extension of the comment and reply comment period by thirty days each, until October 25, 2012 and November 26, 2012. The joint motion sought extension to provide additional time to formulate and submit consensus positions on as many of the issues raised in the notice of proposed rulemaking as possible. On September 11, 2012, the Copyright Office published a Notice extending the deadline for filing comments and reply comments by thirty days, making the comments due on October 25, 2012 and reply comments due on November 26, 2012.