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News Bulletins from the U.S. Copyright Office
December 4, 2001   Issue 139
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In This Issue

Copyright Office Adopts Interim Regulations Dealing with Disruption of Postal Service

Calendar

December 10

Due date for comments on request for new filing deadline for distribution of 2000 and 2001 satellite royalty funds (read details)

December 20

Due date for Notices of Intent to Participate and comments on consolidation of rate adjustment proceedingto determine reasonable rates and terms for the public performance of sound recordings by new subscription services with similar proceeding for preexisting satellite digital audio radio services and preexisting subscription services (read details)

December 20

Due date for comments on consolidation of 1998 Phase I distribution proceeding with Phase I distribution proceeding for the 1999 cable royalty funds (read details)

January 1, 2002

Effective date of cost of living adjustment in the royalty rates paid by colleges, universities, or other nonprofit educational institutions that are not affiliated with National Public Radio for the use of copyrighted published nondramatic musical compositions (read details)

January 3, 2002

Due date for comments on interim regulations on disruption or suspension of postal or other transportation or communications services. (read details)

January 22, 2002

Due date for reply comments on consolidation of rate adjustment proceeding to determine reasonable rates and terms for the public performance of sound recordings by new subscription services with similar proceeding for preexisting satellite digital audio radio services and preexisting subscription services (read details)

February 20, 2002

Close of arbitration proceeding to set the rates and terms for the digital public performance of sound recordings license as it pertains to webcasters under 17 U.S.C. 114 and for the making of ephemeral copies in furtherance of a digital public performance under 17 U.S.C. 112 (read details)


Copyright Office Adopts Interim Regulations Dealing with Disruption of Postal Service

The Copyright Office is adopting interim regulations at 37 CRF 201.8 that address the effect of a disruption or suspension of postal services to the Copyright Office, a service unit of the Library of Congress.

Because of concerns about anthrax in U.S. Postal Services facilities in the District of Columbia, where the Library of Congress is located, mail service to the Copyright Office has been disrupted since Oct. 18. The interim regulations permit persons who have sent material to the Office and believe that the Office's receipt of those materials has been delayed to submit evidence that the materials would have been received in the Office by a particular date but for the disruption or suspension of postal services. Based on the evidence, the Office may assign as the date of receipt the date on which the material would have been received but for the disruption.

The regulations spell out at what point such a request for an earlier effective date of receipt may be made and why the date of receipt is important. In the case of registration materials, the request may not be made prior to a claimant's receipt of a certificate of registration, except when the Office has first contacted the concerned party or when the Register finds there is good cause for an earlier consideration, and no later than one year after the date on which the claimant receives the certificate. Requests for an earlier effective date for transfers of copyrights or other materials submitted for recordation are encouraged to be made as soon as possible.

The regulations also spell out what evidence should be submitted as evidence that the materials would have been received earlier.

The regulations are based on the authority granted the Register under section 709 of the Copyright Act. The Register will publish tomorrow in the Federal Register a declaration that "commencing on October 18, 2001, there has been a general disruption of postal services that has affected the delivery of deposits, applications, fees, and other materials submitted to the Office. Persons who believe that they have been adversely affected by the disruption of postal services should comply with the provisions of 37 CRF 201.8. When the disruption of postal services has ended, the Register shall publish a determination to that effect."

Comments on the interim regulations are due January 3, 2002. (read details)

 
Past Issues
Cost of Living Adjustment for Performance of Musical Compositions by Colleges and Universities 12/3/01

Request to Retract Prior Filings of Notices of Intent to Enforce Restored Copyrights 12/3/01

Copyright Office Suspends Filing Deadline and Seeks Comment on New Deadline 11/23/01

Consolidation of Digital Performance Right in Sound Recordings Rate Adjustment Proceedings 11/20/01

Cable Royalty Funds Proceeding 11/20/01

Comments Due on Ascertainment of Controversy for 2000 Satellite Royalty Funds 10/30/01

CARP Hearing Venue Changed 10/17/01

Copyright Office Extends Deadline for Filing Comments and Notices of Intention to Participate 10/10/01

Copyright Office Requests Comments and Notices of Intention to Participate in Distribution of 1999 Cable Royalty Funds 10/2/01

Copyright Office Requests Comments and Notices of Intention to Participate in Distribution of 1999 Satellite Royalty Funds 10/2/01


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