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U.S. Copyright Office
NewsNet

February 9, 1999
Issue 38
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For additional information, visit the Copyright Office homepage at
http://www.copyright.gov.

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CONTENTS

* News *

Federal Register
Final Regulations on Mechanical and Digital Phonorecord Delivery Rate
Adjustment Proceeding (64 FR 6221)

Courts
Court Upholds Satellite Rates in SBCA v. Librarian of Congress

* Calendar *

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* NEWS *

----------------Federal Register----------------

For the complete text of Federal Register announcements, visit the
Copyright Office homepage at http://www.copyright.gov .

MECHANICAL AND DIGITAL PHONORECORD DELIVERY RATE
ADJUSTMENT PROCEEDING (64 FR 6221)
The Copyright Office announces final regulations setting the rate for
the delivery of digital phonorecords in general and deferring until the
next scheduled rate adjustment proceeding further consideration of the
royalty rate for the delivery of a digital phonorecord where the
reproduction or distribution is incidental to the transmission that
constitutes a digital phonorecord delivery. The regulations were
effective January 1, 1998. They amend in part 37 CFR part 255.

----------------Courts----------------

COURT UPHOLDS SATELLITE RATES IN SBCA V. LIBRARIAN OF CONGRESS
The U. S. Court of Appeals for the District of Columbia on January 29
upheld the Librarian's final order setting the rates for the satellite
compulsory license as recommended by the Copyright Arbitration Royalty
Panel (CARP), in the case of the Satellite Broadcasting & Communications
Association v. Librarian of Congress (No. 97-1659). The court noted that
the standard of review was "exceptionally deferential" and held that
neither the CARP's determination nor the Librarian's adoption of it was
arbitrary.

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* CALENDAR *

February 10: Hearing in Los Angeles, CA, on promotion of distance
education through digital technologies. Summaries of testimony due 10
days prior to date of hearing. (63 FR 71167)

February 12: Hearing in Chicago, IL, on promotion of distance education
through digital technologies. Summaries of testimony due 10 days prior
to date of hearing. (63 FR 71167)

February 15: Comments due on interim regulations on requirements by
which a copyright owner or its agent may provide notice to libraries and
archives that a published work in the final 20 years of its extended
term of copyright is subject to normal commercial exploitation or that a
copy or phonorecord of the work can be obtained at a reasonable price
(63 FR 71785)

February 22: Effective date of change of mailing address for NIEs and
GATT registrations. The new address for NIEs is GC/I&R, P.O. Box 70400,
Southwest Station, Washington, D.C. 20024. The new address for GATT
registrations is Library of Congress, Copyright Office, 101 Independence
Ave., S.E., Washington, D.C. 20559-6000 (64 FR 3574)

February 24: Reply comments due on promotion of distance education
through digital technologies (63 FR 71167)

March 8: Comments due on the proposed amendments to the regulations
governing royalty distribution and rate adjustment proceedings
prescribed by the Copyright Royalty Tribunal Reform Act of 1993 (64 FR
3746)

April 1: Reply comments due on interim regulations on requirements by
which a copyright owner or its agent may provide notice to libraries and
archives that a published work in the final 20 years of its extended
term of copyright is subject to normal commercial exploitation or that a
copy or phonorecord of the work can be obtained at a reasonable price
(63 FR 71785)

April 5: Reply comments due on the proposed amendments to the
regulations governing royalty distribution and rate adjustment
proceedings prescribed by the Copyright Royalty Tribunal Reform Act of
1993 (64 FR 3055 and 64 FR 3746)

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