Copyright Office Announces Interim Regulation Regarding Section 115; Requests Comments
Issue No. 356 - November 7, 2008

The Copyright Office is announcing an interim regulation to clarify the scope and application of the Section 115 compulsory license to make and distribute phonorecords of a musical work by means of digital phonorecord deliveries (DPD). The text of the interim regulation defines a digital phonorecord delivery and clarifies that any DPD requires that the phonorecord that is delivered must meet the requirements of fixation, including the durational requirement, but takes no position on the threshold for satisfying that durational requirement. The definition also makes clear that a DPD may be made available on a limited basis and that DPDs include any phonorecords made for the purpose of making the DPD. The Office seeks comments on the interim regulation by January 6, 2009. For further information, go to the Copyright Office website at www.copyright.gov. (Read further information)