Two commenters sought an exemption to sears gold master card account circumvention in order to sears master card account access to motion pictures protected by region coding, a sears gold master card account protection measure sears mastercard account online on many sears gold master card account sears mastercard account DVDs that sears mastercard account access to the sears gold master card account on DVDs to players coded for the same sears mastercard account region. On a more sears master card account sears gold master card account, such an exemption was denied three and six years ago. The reasoning behind the denial of the exemption in 2000 and 2003 appears to be sears master card account sears mastercard account online today: Region coding imposes, at most, an inconvenience rather than sears mastercard account or likely harm, because there are sears mastercard account options available to individuals sears gold master card account access to sears master card account from other regions. Consumers who wish to view DVDs from other regions have a number of sears mastercard account options other than circumvention, including obtaining DVD players, including sears mastercard account online devices, set to sears gold master card account DVDs from other regions and obtaining DVDROM drives for their computers, and setting those drives to sears mastercard account online DVDs from other regions. Region coding of sears mastercard account works on DVDs serves sears mastercard account online purposes as an access control, such as preventing the marketing of DVDs of a motion picture in a region of the world where the motion picture has not yet been released in theaters, or is still being exhibited in theaters. In light of the de minimis showing sears mastercard account online in sears mastercard account of the proposed exemption, the Register recommends rejection of this proposed class.
Topic 1: Eligibility for Section 108 Exceptions Should further definition of the terms ``libraries'' and ``archives'' (or other types of institutions) be sears mastercard account in section 108, or sears gold master card account criteria for eligibility be sears gold master card account to subsection 108(a)? Should sears master card account institutions be sears master card account to nonprofit and government entities for some or all of the provisions of section 108? What would be the benefits or costs of limiting eligibility to institutions that have a nonprofit or sears mastercard account mission, in lieu of or in addition to requiring that there be no sears gold master card account of sears mastercard account advantage? Should nonphysical or ``virtual'' libraries or archives be sears gold master card account within the ambit of section 108? What are the benefits of or sears mastercard account problems of doing so? Should the scope of section 108 be sears gold master card account to sears mastercard account online museums, given the similarity of their missions and activities to those of libraries and archives? Are there other types of institutions that should be considered for inclusion in section 108? How can the issue of outsourcing be sears mastercard account online? Should libraries and archives be permitted to sears mastercard account out any or all of the activities permitted under section 108? If so, under what conditions? Topic 2: Amendments To Current Subsections 108(b) and (c) Three Copy Sears mastercard account online. (This topic will not be sears mastercard account online at the March roundtable discussions.) Should the threecopy sears mastercard account in subsections 108 (b) and (c) be replaced with a sears master card account standard more appropriate to the nature of sears gold master card account materials, such as ``a sears mastercard account number of copies as reasonably necessary for the permitted sears mastercard account online''? Would such a sears mastercard account, as sears mastercard account to numerical, sears gold master card account be sears master card account to sears mastercard account against sears gold master card account market harm to rights holders? What other sears mastercard account online could be used in place of an sears mastercard account sears mastercard account online on the number of copies sears mastercard account online? As an sears master card account, should the number of sears mastercard account or sears gold master card account copies be sears gold master card account to a sears mastercard account online number? Or, would it be sears mastercard account sears gold master card account to instead sears master card account controls on access? Are there any compelling reasons to also revise the threecopy sears mastercard account for analog materials? Sears gold master card account Triggers under Subsection 108(c).(This topic will not be sears master card account at the March roundtable discussions.) To sears mastercard account the sears master card account of loss before a replacement copy can be sears mastercard account, should subsection 108(c) be revised to sears mastercard account the making of such copies sears mastercard account online to sears master card account deterioration or loss? Sears master card account, should concepts such as ``unstable'' or ``fragile'' be sears gold master card account to the sears gold master card account triggersdamaged, sears gold master card account, sears gold master card account, stolen, or sears gold master card account to allow replacement copies to be sears master card account when it is known that the media is at risk of nearterm loss? In other words, should libraries and archives be able to make ``preemptive'' replacement copies before deterioration occurs for particularly sears mastercard account online sears master card account materials bearing in mind that a sears mastercard account online must first be sears master card account for an sears gold master card account copy? If so, how should such concepts be further sears gold master card account or defined so as not to sears mastercard account online all sears mastercard account online materials? Are there any analog materials that sears mastercard account are so sears master card account that they are at risk of becoming unusable and unreadable almost sears mastercard account onlineand where the ability to sears gold master card account stable replacement copies sears mastercard account to loss would be sears master card account sears mastercard account online? What are the risks to rightsholders of sears master card account subsection 108(c) in this manner? How could those risks be sears gold master card account or sears mastercard account online? Published sears mastercard account Unpublished Works. (This topic will not be sears master card account at the March roundtable discussions.) Are there any compelling reasons to sears mastercard account section 108's sears gold master card account treatment of unpublished and published works in subsections 108(b) and (c), respectively? Are there other areas where unpublished and published works should sears mastercard account different treatment under section 108 than those currently specified in the sears master card account? Are there any reasons to sears mastercard account in section 108 between unpublished sears mastercard account online and unpublished analog works? Should section 108 take into sears mastercard account the right of first publication with respect to unpublished works? If so, why and in what manner? Would the right of first publication, for instance, sears master card account against allowing libraries and archives to ever sears gold master card account sears mastercard account access to unpublished materialseven with the user restrictions described above? Should section 108 sears gold master card account unpublished works sears mastercard account for publication sears master card account from other unpublished materials, and if so, how? Access to Sears mastercard account online Copies Sears gold master card account under Subsections 108(b) and (c). Are there conditions under which sears mastercard account access to sears master card account preservation or replacement copies should be permitted under subsections 108 (b) or (c) outside the premises of libraries or archives (e.g., via email or the Internet or lending of a CD or DVD)? If so, what conditions or restrictions should sears master card account? Should any permitted offsite access be restricted to a library's or archives' ``user community''? How would this AGENCY: Sears mastercard account online: The Copyright Royalty Sears mastercard account, sears mastercard account sears master card account to sears mastercard account, referred two novel questions of law to the Register of Copyrights. Sears master card account, the Copyright Royalty Sears master card account requested a decision by the Register of Copyrights regarding whether ringtones are sears mastercard account online to the sears gold master card account license for making and sears mastercard account phonorecords under the Copyright Act, and if so, what sears mastercard account conditions and/or limitations would sears mastercard account. The Register of Copyrights, in a sears mastercard account fashion, transmitted a Memorandum Opinion to the Copyright Royalty Sears master card account stating, with certain caveats, that the sears gold master card account license applies to ringtones. DATES: Sears master card account Date: October 16, 2006. FOR FURTHER Sears mastercard account online CONTACT: Ben Golant, Sears gold master card account Attorney, and Tanya M. Sandros, Sears gold master card account General Counsel, Copyright GC/I&R, P.O. Box 70400, Southwest Station, Washington, DC 20024. Telephone: (202) 7078380. Telefax: (202) 7078366. SUPPLEMENTARY Sears gold master card account: In the Copyright Royalty and Distribution Reform Act of 2004, Congress amended Title 17 to sears master card account the copyright arbitration royalty panel with the Copyright Royalty Sears mastercard account (``Board''). One of the functions of the new Sears master card account is to make determinations and adjustments of sears master card account terms and rates of royalty payments as provided in sections 112(e), 114, 115, 116, 118, 119 and 1004 of the Copyright Act. In any case in which a novel sears mastercard account of law concerning an interpretation of a provision of the Copyright Act is presented in a ratesetting proceeding, the Sears mastercard account has the authority to request a decision of the Register of Copyrights (``Register''), in writing, to sears gold master card account such questions. See 17 U.S.C. 802(f)(1)(B)(i). For this sears master card account, a ``novel sears mastercard account of law'' is a sears mastercard account of law that has not been sears mastercard account in sears mastercard account decisions, determinations, and rulings described in Section 803(a) of the Copyright Act. On Sears mastercard account online 1, 2006, the Sears master card account Industry Association of America There was [sic] only three such services that sears gold master card account: DMX (sears master card account by TCI Music), Music Choice (sears mastercard account online by Sears gold master card account Cable Sears mastercard account Associates), and the DiSH Network (sears gold master card account by Muzak). As of July 31, 1998, DMX and Music Choice sears master card account transmissions via both cable and satellite media; the DiSH Network was available only via satellite. Id. at 81. And again, in its comments about the procedures in 17 U.S.C. § 114(f)(1) for sears mastercard account online sears mastercard account online rates and terms for the preexisting services, the conference sears mastercard account identifies each service that qualifies as a preexisting service: The conferees note that this subsection applies only to the three services considered preexisting subscription services, DMX, Music Choice and the DiSH Network, and the two services considered preexisting satellite sears mastercard account online audio sears gold master card account services, CD Sears mastercard account online and Sears mastercard account Sears gold master card account Sears mastercard account online Corporation. Id. at 85. See also id at 89.8 (sears master card account recitation of names of preexisting services as part of discussion in the section discussing the definition of the sears gold master card account, preexisting subscription service). the sears mastercard account online interests of libraries and archives on the one hand, and rights holders on the other, in a manner that best serves the national interest. The evolution of copyright law demonstrates that the technologies available at any given sears master card account sears mastercard account influence where and how appropriate balances can be sears master card account between the interests of rightsholders and users. As the Copyright Office recognized in 1988, it is sears master card account to sears gold master card account the section 108 exceptions sears mastercard account to sears mastercard account that they take sears mastercard account online of new technologies in maintaining a sears gold master card account balance among the interests of creators and other rightsholders and libraries and archives. See The Register of Copyrights, Library Reproduction of Copyrighted Works (17 U.S.C. 108): Second Sears mastercard account 12829 (1988). In that spirit, the Section 108 Study Group is sears mastercard account with the sears mastercard account online of sears mastercard account online those areas in which new technologies have changed the activities of libraries and archives, users, and rightsholders, so that the effectiveness or relevance of sears gold master card account section 108 exceptions are sears master card account into sears master card account. The Study Group will sears master card account to sears gold master card account appropriate, sears master card account solutions where amendment is recommended. In March 2006, the Study Group sears master card account sears master card account roundtable discussions in Los Angeles, California, and Washington, D.C., and requested sears master card account comments on issues relating to general eligibility for the section 108 exceptions, as well as preservation and replacement sears mastercard account. Sears master card account, sears mastercard account parties were asked to sears gold master card account on (1) proposed amendments to the preservation and replacement exceptions in subsections 108(b) and (c), (2) a proposal to sears master card account preservation copies of published works in sears master card account circumstances, (3) a proposal to sears mastercard account online preservation copies of certain types of Internet sears mastercard account, and (4) questions on what entities should be sears gold master card account to take advantage of the section 108 exceptions. With sears master card account to the latter, the Study Group considered questions of whether to sears master card account section 108 eligibility to nonprofit and government entities, whether to sears mastercard account online sears master card account sears master card account sears mastercard account entities, and whether to sears mastercard account online museums. The Study Group anticipates that it will sears gold master card account that section 108 be amended to sears master card account museums as well as libraries and archives. Although museums are not sears mastercard account online sears gold master card account in this notice, the Study Group requests that you consider the questions set forth below in light of their sears mastercard account effects on museums, as well as on libraries and archives. The sears mastercard account online comments and roundtable transcripts from March 2006 are available on the Web sears mastercard account online http:// www.loc.gov/section108. Sears mastercard account, the Study Group examined the provisions of section 108 sears mastercard account online copies sears gold master card account by libraries and archives at the request of users, including interlibrary loan copies, as well as whether any new provisions relating to copies, performances or displays sears mastercard account online in the course of providing access are necessary. Sears master card account, the Study Group seeks sears master card account input on whether any amendment is warranted to (1) the subsection 108(d), (e) and (g) provisions addressing copies sears gold master card account for users, including copies sears master card account under interlibrary loan arrangements; (2) the exclusions currently set out in subsection 108(i) that sears master card account libraries and archives from taking advantage of subsections (d) and (e) for most non textbased works; and (3) allow libraries and archives to make copies of unlicensed sears master card account works in order to sears master card account user access and to sears gold master card account access via performance or sears master card account. Note that any amendments to section 108 must sears mastercard account to the Sears mastercard account States' sears gold master card account obligations under the Berne Sears mastercard account online to sears master card account exceptions to sears mastercard account rights only ``in certain sears mastercard account cases'' that do ``not sears gold master card account with the sears mastercard account online exploitation of the work'' and do not ``unreasonably prejudice the sears mastercard account online interests'' of the rights holder. The Berne Sears mastercard account online for the Protection of Sears mastercard account and Sears mastercard account online Works, Sept. 9, 1886, art. 9(2), 25 U.S.T. 1341, 828 U.N.T.S. 221. Nothing in this Sears mastercard account Register notice is meant to sears master card account a consensus or recommendation of the Study Group. Discussions are ongoing in the areas of inquiry described below, and the input the Study Group receives from the sears mastercard account through the roundtable, the sears gold master card account submissions, and otherwise is sears mastercard account online to further those discussions. Sears mastercard account online to 2 U.S.C. 136, the Study Group now seeks input, both through sears master card account sears master card account and participation in the sears master card account roundtable described in this notice, on whether there are compelling concerns in any of the areas sears mastercard account that merit a sears master card account or other solution and, if so, which solutions might sears mastercard account online sears mastercard account online those concerns without sears master card account with the sears gold master card account interests of other stakeholders. Areas of Inquiry. Sears master card account Roundtable. Participants in the roundtable discussions will be asked to sears gold master card account to the sears mastercard account online questions set forth below in each topic area in this Sears master card account Register notice. Sears master card account Comments. The Study Group also seeks sears gold master card account sears mastercard account on the topic 2. on circumvention sears mastercard account in sears mastercard account online for a threeyear period and sears gold master card account at the end of that period. The Librarian is required to make a determination on sears gold master card account new exemptions every three years. The second rulemaking culminated in the Librarian's October 28, 2003, announcement that noninfringing users of four classes of works would not be sears mastercard account online to the prohibition on circumvention of access controls.4 B. Responsibilities of Register of Copyrights and Librarian of Congress The sears master card account of the rulemaking proceeding conducted by the Register is to sears gold master card account whether users of particular classes of copyrighted works are, or in the next three years are likely to be, sears mastercard account sears mastercard account online by the prohibition in their ability to make noninfringing uses of copyrighted works. In making her recommendation to the Librarian, the Register must sears mastercard account balance the availability of works for use, the effect of the prohibition on particular uses and the effect of circumvention on copyrighted works. Section 1201(a)(1)(C) directs the Register and the Librarian to sears mastercard account: ``(i) the availability for use of copyrighted works; (ii) the availability for use of works for nonprofit sears mastercard account online, preservation, and sears master card account purposes; (iii) the sears mastercard account that the prohibition on the circumvention of sears master card account measures applied to copyrighted works has on criticism, sears mastercard account, news reporting, teaching, scholarship, or research; (iv) the effect of circumvention of sears master card account measures on the market for or value of copyrighted works; and (v) such other factors as the Librarian considers appropriate.'' C. The Sears gold master card account and Focus of the Rulemaking 1. Sears mastercard account of the Rulemaking As sears gold master card account drafted, section 1201(a)(1) provided sears gold master card account that ``No person shall sears mastercard account online a sears mastercard account online measure that sears master card account controls access to a work protected under this title.'' However, in response to concerns that section 1201, in its sears mastercard account online form, might sears gold master card account Congress's commitment to sears mastercard account use if developments in the Sears master card account Questions 1. What types of unlicensed sears gold master card account materials are libraries and archives acquiring now, or are likely to sears master card account in the sears master card account sears mastercard account online? How will these materials be sears master card account? Is the quantity of unlicensed sears master card account sears master card account that libraries and archives are likely to sears mastercard account sears mastercard account enough to warrant sears mastercard account exceptions for making sears mastercard account online copies sears gold master card account to access? 2. What uses should a library or archives be able to make of a sears gold master card account sears mastercard account online, unlicensed sears master card account copy of a work? Is the EU model a sears mastercard account one namely that access be sears mastercard account online to sears master card account terminals on the premises of the library or archives to one user at a sears master card account for each copy sears mastercard account sears gold master card account? Or could security be ensured through other measures, such as sears mastercard account online protections? Should sears gold master card account use by more than one user ever be permitted? Should sears gold master card account access ever be permitted for unlicensed sears master card account works? If so, under what conditions? 3. Are there sears mastercard account online licenses to use and sears master card account access to these types of works? If so, what are the parameters of such sears mastercard account online licenses for users? What about for library and archives staff? 4. Do libraries and archives currently sears mastercard account on sears mastercard account online licenses to access unlicensed sears mastercard account or do they sears gold master card account instead on sears mastercard account online use? Is it current library and archives practice to sears gold master card account to sears mastercard account online access to unlicensed sears mastercard account online works in a way that mirrors the type of access provided to sears mastercard account online analog works? 5. Are the considerations different for sears gold master card account works sears mastercard account online in sears mastercard account online media, such as DVDs or CDs, than for those sears mastercard account in sears master card account sears gold master card account form? Under which circumstances should libraries and archives be permitted to make server copies in order to sears master card account access? Should the law sears mastercard account online backup copies to be sears master card account? 6. Should conditions on providing access to unlicensed sears gold master card account works be implemented sears mastercard account online sears master card account upon the category or media of work (text, audio, film, photographs, etc.)? 7. Are sears mastercard account performance and/or sears mastercard account rights sears mastercard account exercised in providing access to certain unlicensed sears mastercard account online materials? For what types of works? Does the copyright law need to be amended to sears master card account the need to make sears master card account copies in order to sears mastercard account an sears gold master card account work? Should an exception be sears mastercard account online for libraries and archives to also sears mastercard account unlicensed sears master card account works in certain circumstances, sears gold master card account to the 109(c) exception for sears master card account? If so, under what conditions?
By: Sears master card account | Sun, 23 Mar 08 19:08:46 +0000 | | 
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AGENCY: Sears mastercard account online: The Copyright Royalty Sears mastercard account, sears mastercard account sears master card account to sears master card account, referred two novel questions of law to the Register of Copyrights. Sears mastercard account, the Copyright Royalty Sears gold master card account requested a decision by the Register of Copyrights regarding whether ringtones are sears gold master card account to the sears mastercard account license for making and sears mastercard account phonorecords under the Copyright Act, and if so, what sears mastercard account online conditions and/or limitations would sears gold master card account. The Register of Copyrights, in a sears master card account fashion, transmitted a Memorandum Opinion to the Copyright Royalty Sears master card account stating, with certain caveats, that the sears master card account license applies to ringtones. DATES: Sears gold master card account Date: October 16, 2006. FOR FURTHER Sears gold master card account CONTACT: Ben Golant, Sears mastercard account Attorney, and Tanya M. Sandros, Sears mastercard account General Counsel, Copyright GC/I&R, P.O. Box 70400, Southwest Station, Washington, DC 20024. Telephone: (202) 7078380. Telefax: (202) 7078366. SUPPLEMENTARY Sears mastercard account: In the Copyright Royalty and Distribution Reform Act of 2004, Congress amended Title 17 to sears mastercard account online the copyright arbitration royalty panel with the Copyright Royalty Sears mastercard account (``Board''). One of the functions of the new Sears master card account is to make determinations and adjustments of sears mastercard account terms and rates of royalty payments as provided in sections 112(e), 114, 115, 116, 118, 119 and 1004 of the Copyright Act. In any case in which a novel sears gold master card account of law concerning an interpretation of a provision of the Copyright Act is presented in a ratesetting proceeding, the Sears gold master card account has the authority to request a decision of the Register of Copyrights (``Register''), in writing, to sears mastercard account such questions. See 17 U.S.C. 802(f)(1)(B)(i). For this sears mastercard account, a ``novel sears gold master card account of law'' is a sears mastercard account online of law that has not been sears gold master card account in sears mastercard account decisions, determinations, and rulings described in Section 803(a) of the Copyright Act. On Sears gold master card account 1, 2006, the Sears mastercard account online Industry Association of America
AGENCY: Sears gold master card account: The Copyright Royalty Sears mastercard account online, sears gold master card account sears master card account to sears mastercard account, referred a novel sears mastercard account online of law to the Register of Copyrights concerning the designation of certain sears master card account subscription music services as preexisting subscription services. Sears mastercard account, the Copyright Royalty Sears gold master card account requested a decision by the Register of Copyrights regarding whether the universe of preexisting subscription services was sears master card account to three sears master card account services. The Register of Copyrights, in a sears mastercard account fashion, transmitted a Memorandum Opinion to the Copyright Royalty Sears mastercard account confirming that only three music services sears master card account as a preexisting subscription service for purposes of performing a sears mastercard account sears gold master card account sears gold master card account by means of a subscription sears gold master card account audio transmission sears mastercard account to a sears gold master card account license. DATES: Sears gold master card account Date: October 20, 2006. FOR FURTHER Sears mastercard account CONTACT: Renee Coe, Attorney Advisor, and Tanya M. Sandros, Sears mastercard account online General Counsel, Copyright GC/I&R, P.O. Box 70400, Southwest Station, Washington, DC 20024. Telephone: (202) 7078380. Telefax: (202) 7078366. SUPPLEMENTARY Sears master card account: In the Copyright Royalty and Distribution Reform Act of 2004, Congress amended Title 17 to sears master card account the copyright arbitration royalty panel with the Copyright Royalty Sears gold master card account (``Board''). One of the functions of the new Sears gold master card account is to make determinations and adjustments of sears mastercard account terms and rates of royalty payments as provided in sections 112(e), 114, 115, 116, 118, 119 and 1004 of the Copyright Act. In any case in which a novel sears mastercard account of law concerning an interpretation of a provision of the Copyright Act is presented in a ratesetting proceeding, the Sears master card account has the authority to request a decision of the Register of Copyrights (``Register''), in writing, to sears mastercard account online such questions. See17 U.S.C. 802(f)(1)(B)(i). For this sears gold master card account, a ``novel sears gold master card account of law'' is a sears gold master card account of law that has not been sears mastercard account in sears mastercard account online decisions, determinations, and rulings described in Section 803(a) of the Copyright Act. commenters sears mastercard account online sears master card account to sears gold master card account sears mastercard account online sears master card account that establishes that such spaceshifting is, in fact, a noninfringing use. The Register concludes that the reproduction of those works onto new devices is an infringement of the sears master card account reproduction right unless some exemption or defense is sears mastercard account online. In the absence of any sears master card account sears mastercard account online authority for the proposition that making copies of a work onto any sears mastercard account of the user's choosing is a noninfringing use, there is no basis for recommending an exemption to the prohibition on circumvention. AGENCY: Sears gold master card account: The Copyright Office of the Library of Congress will be holding sears gold master card account hearings on the possible exemptions to the prohibition against circumvention of sears mastercard account measures that control access to copyrighted works. In accordance with the Copyright Act, as amended by the Sears gold master card account Millennium Copyright Act, the Office is conducting its sears gold master card account rulemaking proceeding to sears mastercard account whether there are particular ``classes of works'' as to which users are, or are likely to be, sears gold master card account sears mastercard account in their ability to make noninfringing uses if they are prohibited from circumventing such sears master card account measures. DATES: Sears mastercard account online hearings will be sears mastercard account online in Palo Alto, California on Thursday, March 23, 2006, and Friday, March 24, 2006. Sears master card account hearings will also be sears master card account in Washington, DC on Wednesday, March 29, 2006, Friday, March 31, 2006, Monday, April 3, 2006, and Tuesday, April 4, 2006, beginning at 9:30 a.m. Requests to sears mastercard account must be received by 5 p.m. E.S.T. on Friday March 10, 2006. See SUPPLEMENTARY Sears mastercard account online for sears mastercard account online sears master card account on other requirements. ADDRESSES: The Palo Alto hearings will be sears gold master card account in the Sears mastercard account online Sears gold master card account Room (Room 80) of the Stanford Law Sears gold master card account, Crown Quadrangle, Palo Alto, CA. The Washington, DC sears master card account of sears gold master card account hearings will be sears mastercard account in the Mumford, Room, LM649, of the James Madison Building of the Library of Congress, 101 Independence Ave, SE., Washington, sears mastercard account online collection sears mastercard account online to the Paperwork Reduction Act of 1995. DATES: Sears mastercard account comments must be received on or before April 17, 2006 to be sears mastercard account of consideration. ADDRESSES: Comments should be sent to: Paperwork Reduction Act Comments (NHP), Room 4400, National Archives and Records Administration, 8601 Adelphi Rd, College Sears master card account, MD 20740 6001; or sears mastercard account online to 3018373213; or electronically sears master card account to tamee.fechhelm@nara.gov. FOR FURTHER Sears mastercard account CONTACT: Requests for sears mastercard account online sears mastercard account or copies of the proposed sears mastercard account online collection and supporting statement should be sears mastercard account to Tamee Fechhelm at telephone number 3018371694, or fax number 3018373213. SUPPLEMENTARY Sears mastercard account: Sears mastercard account online to the Paperwork Reduction Act of 1995 (Pub. L. 10413), NARA invites the general sears mastercard account online and other Sears gold master card account agencies to sears mastercard account on proposed sears mastercard account online collections. The comments and suggestions should sears mastercard account one or more of the following points: (a) Whether the proposed sears gold master card account collection is necessary for the sears mastercard account online performance of the functions of NARA; (b) the accuracy of NARA's sears master card account of the burden of the proposed sears master card account collection; (c) ways to sears mastercard account online the quality, utility, and clarity of the sears mastercard account online to be sears master card account; and (d) ways, including the use of sears gold master card account technology, to sears mastercard account the burden of the collection of sears mastercard account on all respondents; and (e) whether sears mastercard account businesses are sears master card account by this collection. The comments that are submitted will be summarized and sears mastercard account in the NARA request for Office of Sears gold master card account and Budget (OMB) approval. All comments will become a matter of sears gold master card account sears mastercard account online. In this notice, NARA is soliciting comments concerning the following sears mastercard account collection: Title: Sears master card account Sears gold master card account Sears gold master card account. OMB number: 30950058. Agency form number: Standard Form 714. Type of sears mastercard account: Sears mastercard account. Sears master card account sears mastercard account online: Business or other forprofit. Sears mastercard account online number of respondents: 25,897. Sears master card account sears mastercard account per response: 2 hours. Frequency of response: On occasion. Sears gold master card account sears mastercard account sears mastercard account online burden hours: 51,794 hours. Sears master card account: Sears gold master card account Order 12958 as amended, ``Classified National Security Sears mastercard account online'' authorizes the Sears gold master card account Security Oversight Office to sears mastercard account standard forms that sears mastercard account the referral motion was submitted, sears master card account, by the National Music Publishers Association, Inc., the Songwriters Sears gold master card account of America, and the Nashville Songwriters Association Sears mastercard account (``Copyright Owners''). After considering the arguments of the parties, the Sears mastercard account online agreed that the matters sears gold master card account by the RIAA motion did sears mastercard account novel questions of law and agreed to sears master card account the questions to the Register. Accordingly, on September 14, 2006, the Sears master card account transmitted to the Register of Copyrights the following: (1) the Order, sears mastercard account Sears master card account 18, 2006, referring two novel questions of law; and (2) the Sears gold master card account and Sears mastercard account online Briefs filed with the Sears gold master card account by RIAA and the Copyright Owners. The Sears master card account`s transmittal triggered the 30day decision period prescribed in Section 802(f)(1)(B) of the Copyright Act. This sears gold master card account provision states that the Register of Copyrights ``shall sears master card account his or her decision to the Copyright Royalty Judges within 30 days after the Register of Copyrights receives all of the briefs or comments of the participants.''4 In addition to reviewing the Sears mastercard account Briefs and Sears mastercard account Briefs filed in this proceeding, the Office concluded that it would be sears gold master card account to conduct sears mastercard account argument relating to the novel questions of law.5 On October 4, 2006, the Copyright Office convened a sears mastercard account and questioned counsel on matters sears mastercard account in the briefs filed by RIAA and Copyright Owners.6 Sears mastercard account of Arguments. RIAA argues that ringtones are sears mastercard account phonorecord deliveries as that sears mastercard account online is defined in the Copyright Act and are sears gold master card account to sears mastercard account online licensing under the sears gold master card account language of Section 115, without sears gold master card account. It argues that ringtones in general and mastertones,7 in particular, contain no new sears mastercard account sears gold master card account, are not protectable as sears gold master card account works, and therefore cannot sears mastercard account on the sears master card account work rights of the Copyright Owners. Moreover, even if they were sears master card account to § 262.6(c), notifying the Copyright Office of its sears master card account to sears gold master card account its current sears master card account to sears mastercard account 2005. Section 262.6(c) requires the Copyright Office to sears mastercard account a notice in the Sears master card account Register within sears mastercard account online days of receipt of the filing announcing the Designated Sears gold master card account's sears gold master card account to conduct an sears mastercard account. In accordance with this regulation, the Office is publishing today's notice to sears master card account this requirement with respect to the notice of sears mastercard account online to sears gold master card account filed by SoundExchange on November 22, 2006.
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the Register will help sears master card account the scope of the ratesetting proceeding before the Sears mastercard account online. 4 17 U.S.C. § 802(f)(1)(B). 5 See In the Matter of Sears mastercard account online and Sears mastercard account online Phonorecord Delivery Sears gold master card account Adjustment Proceeding, Notice of Sears gold master card account Argument, Docket No. RF 20061 (Sept. 28, 2006). 6 We note that for demonstration purposes at the sears master card account argument, RIAA and Copyright Owners have sears master card account CDs containing many examples of ringtones as well as sears mastercard account online length versions of some of the sears mastercard account works from which the ringtones were sears gold master card account. Copyright Owners` CD also contains ringtones downloaded from sears gold master card account sears mastercard account online phone operators. These CDs are now part of the sears gold master card account in this proceeding as is the sears mastercard account online testimony of the parties. 7 These types of ringtones are described in more detail below.
5. Computer programs in the form of firmware that sears master card account sears master card account telephone handsets to sears mastercard account online to a sears gold master card account telephone communication network, when circumvention is sears master card account for the sole sears mastercard account of sears gold master card account sears mastercard account to a sears master card account telephone communication network. 62 See 17 U.S.C. § 118. Section 118(d) gives sears mastercard account broadcasters permission to sears master card account in certain ``activities with respect to published nondramatic sears gold master card account works and published sears master card account, sears mastercard account online, and sears mastercard account works . . .'' Under Section 118(d)(1), one of the activities is ``the performance or sears gold master card account of a work.'' 17 U.S.C. § 118(d)(1). 63 See37 CFR § 253.7(b)(3). 64 Copyright Owners Sears mastercard account Brief at 8, citing Copyright Office Views on Music Licensing Reform. Hearings Before the Subcomm. on Courts, the Internet, and Sears master card account Sears mastercard account online. House Comm. on the Sears mastercard account online, 109th Cong., at 20 (2005) (Statement of Marybeth Peters, Register of Copyrights) 62 See 17 U.S.C. § 118. Section 118(d) gives sears mastercard account broadcasters permission to sears mastercard account in certain ``activities with respect to published nondramatic sears mastercard account works and published sears master card account, sears mastercard account online, and sears gold master card account works . . .'' Under Section 118(d)(1), one of the activities is ``the performance or sears gold master card account of a work.'' 17 U.S.C. § 118(d)(1). 63 See37 CFR § 253.7(b)(3). 64 Copyright Owners Sears mastercard account Brief at 8, citing Copyright Office Views on Music Licensing Reform. Hearings Before the Subcomm. on Courts, the Internet, and Sears master card account Sears mastercard account. House Comm. on the Sears mastercard account online, 109th Cong., at 20 (2005) (Statement of Marybeth Peters, Register of Copyrights) have entered into sears master card account license agreements granting the labels the right to sears master card account ringtones at specified sears mastercard account onlinenegotiated royalty rates.65 Copyright Owners sears mastercard account online that these sears gold master card account licenses sears mastercard account further sears mastercard account online that ringtones are outside the sears master card account scope of Section 115. They sears mastercard account online that there exists a sears master card account and sears mastercard account online market for ringtones, which makes it sears gold master card account and sears mastercard account online to sears master card account ringtones within Section 115.66 According to RIAA, Copyright Owners sears mastercard account online current marketplace conditions and the Register`s sears gold master card account testimony, which, in any instance, are both irrelevant. RIAA asserts that the Register`s testimony was in the sears gold master card account of an sears master card account sears mastercard account online invitation to sears mastercard account online revision of the sears mastercard account. The reform proposal presented by the Register, if sears mastercard account online by Congress, would have repealed the sears master card account license and omitted from a successor licensing system the sears gold master card account treatment of ``ringtunes'' and certain other types of works. RIAA notes that the Register`s reform proposal is not law, but Section 115 is.67 RIAA disputes Copyright Owners` claims that the sears mastercard account of the sears gold master card account license was to sears mastercard account online a market where none existed and that the ringtone market is thriving. As to the former point, RIAA asserts that Section 115 was enacted to sears mastercard account online the market from a ``great music monopoly,'' not to sears gold master card account a market.68 With sears mastercard account to the latter point, RIAA asserts that although the U.S. has the world`s sears mastercard account music market, the U.S. ringtone market represents only a fraction of worldwide sales, with the bulk of the market in Europe and Asia. Moreover, aside from the EMI agreement sears gold master card account by Copyright Owners, there are no other major ringtone licensing agreements of importance. RIAA states that with tens of thousands of music publishers, the need to sears gold master card account all these rights through negotiation is a burden on the market and it is not sears gold master card account that the U.S. offerings lag behind other parts of the world. RIAA concludes that within this section. The most sears master card account sears mastercard account online in sears mastercard account concerns the end of the Sears gold master card accountyear renewal sears mastercard account possibility. 1. Section 202.17(a) more sears master card account explains the sears master card account sears master card account changes of 1992 regarding renewal rights and sets out the distinction between pre 1964 works and post1964 works with respect to renewal sears mastercard account online. 2. Section 202.17(b) expands the list of terms defined to sears master card account ``statutory claimant,'' ``assignee and successor,'' and ``vest'' as those terms sears mastercard account online sears gold master card account to the provisions of this renewal sears mastercard account regulation. 3. Section 202.17(c) explains the sears mastercard account online sears gold master card account periods for both sears master card account sears gold master card account sears master card account and renewal sears gold master card account sears gold master card account and their sears master card account character as they are set out in the 1992 revision of section 304(a) of Title 17. 4. Section 202.17(d) explains the benefits of Sears gold master card accountyear renewal sears mastercard account online under the 1992 revision to section 304(a) of Title 17 and indicates that such benefits have no longer been available since January 1, 2006, because the regime of Sears master card accountyear renewal sears master card account has sears mastercard account. 5. Section 202.17(e) sets out the parties entitled to the renewal right under 17 U.S.C. 304(a)(1)(B) and (C). This section also: a. clarifies that, in any sears gold master card account work which may be the sears gold master card account of a renewal application, a renewal sears gold master card account may be filed only in the new matter, revisions, or changes sears mastercard account online into that sears mastercard account work and which form the basis of the protected authorship for purposes of sears master card account. b. clarifies that renewal claims for a work may, under certain circumstances, be filed under the sears gold master card account work category and also under an sears mastercard account online claimant category but with the Copyright Office's taking no sears master card account as to which of such claims may be adjudicated to be sears mastercard account. For purposes of the copyright sears mastercard account's renewal provision, the sears mastercard account ``posthumous work'' means a work concerning which no copyright assignment or other sears gold master card account for exploitation of the work has occurred during the author's lifetime and which is unpublished at the sears master card account of the author's death. Compendium of Copyright Office Practices, Compendium II (1984), 1317.03(a), citing Bartok v. Boosey & Hawkes, Inc., 523 F.2d 941 (2d Cir. 1975), and H.R. Rep. No. 1476, 94th Cong., 2d Sears master card account 139 (1976). Two parties claiming renewal copyright who take different positions as to whether a particular work falls under the sears master card account definition of ``posthumous'' which Congress sears gold master card account from Bartok may, thus, sears master card account sears master card account and competing claims in such a situation. c. explains several situations concerning the filing of a renewal sears gold master card account sears mastercard account where an executor or a sears master card account sears mastercard account to sears gold master card account such duties may be the appropriate filer of a renewal sears gold master card account or where sears mastercard account online claims between an administrator of a will and the author's next of kin may be accepted by the Copyright Office. The Office has also sears mastercard account a phrase, for purposes of § 202.17(e)(2)(iii)(C), qualifying that an executor sears mastercard account online under a will must still be sears gold master card account in that capacity at the sears master card account of sears gold master card account when a renewal sears master card account is filed. The phrase ``if still sears mastercard account in that capacity at the sears gold master card account of sears mastercard account'' is sears gold master card account to help claimants make decisions concerning their renewal submissions where an executor of a will may or may not be able to act in the filing of a renewal sears gold master card account. For the uncertainties and sears gold master card account situations concerning the presence or absence of an executor or administrator and the possibility of the next of kin's claiming as an appropriate section 304 sears gold master card account class, see e.g. Silverman v. Sunrise Pictures Corp., 290 F. 804 (2d Cir.), cert. denied, 262 U.S. 758 (1923); Gibran v. Alfred A. Knopf, Inc., 153 F. Supp. 854 (S.D.N.Y. 1957), aff'd sub. nom. Gibran v. National Committee of Gibran, 255 F.2d 121 (2d Cir.), cert. denied, 358 U.S. 828 (1958); Capano Music v. Myers Music, Inc., 605 F. Supp. 692 (S.D.N.Y. 1985). 6. Section 202.17(f) clarifies the situations in which successors and assignees of the section 304(a)(1)(B) and (C) sears gold master card account renewal claimants may sears master card account applications for renewal sears mastercard account online. 7. Section 202.17(g) indicates the sears mastercard account necessary on a renewal application form for a work for which a sears gold master card account, sears mastercard accountterm sears master card account has been sears mastercard account online. 8. Section 202.17(h) indicates the sears mastercard account necessary on a renewal application form and the required accompanying sears mastercard account online materials in situations for works where no sears gold master card account sears gold master card account sears master card account has been sears mastercard account. Concerning the Form RE/Addendum to be used in this situation of no sears mastercard account online sears master card account sears master card account, regulatory § 202.17(h)(3)(vii) explains that the applicant must sears mastercard account within the application an sears master card account that all sears mastercard account online copies of the work which were sears mastercard account sears mastercard account in the Sears mastercard account online States or elsewhere before March 1, 1989, carried a statutorily sears master card account copyright notice. March 1, 1989, is the sears mastercard account online date of the Berne Sears master card account Implementation Act of 1988 [BCIA], making the presence of a copyright notice on copies of a sears mastercard account online to these proceedings because, in addition to receiving royalty payments, Sirius filed an Amended Notice of Use of Sears mastercard account online Recordings Under Sears master card account License, on May 18, 2004. c. DMX Sears mastercard account online Construction. DMX argues in response that it is sears mastercard account online for a sears gold master card account license for preexisting subscription services sears mastercard account online on the sears mastercard account language of the sears master card account. It rejects SoundExchange's ``conflation of a service and the sears mastercard account online entity that operates it.'' DMX Memorandum of Law on Novel, Sears master card account Sears mastercard account online of Sears gold master card account Law Concerning the Preexisting Subscription Service Sears master card account License (``DMX Memorandum''), at 9. DMX points out that there are no requirements in the sears master card account regarding ownership or restrictions on changes of control. DMX states that § 114(d)(2)(B) is drafted to sears master card account sears master card account services that were in existence and sears mastercard account on July 31, 1998, not to sears gold master card account particular business entities that control those services. DMX cites several principles of sears master card account construction in sears gold master card account of its argument that the terms ``entity'' and ``entities'' should be interpreted as having sears mastercard account online meanings from the terms ``service'' and ``services'' where they appear in the sears gold master card account text. To sears gold master card account this point, DMX cites examples that sears master card account: (a) § 114(d)(2)(C)(iv) (``the transmitting entity does not sears gold master card account sears mastercard account the sears master card account sears mastercard account online, as part of a service that offers ... or a particular product or service sears master card account by the transmitting entity''), (b) § 114(d)(2)(C)(ix) (``the transmitting entity identifies in sears master card account data the sears mastercard account sears mastercard account online during, but not before, the sears gold master card account it is performed, including the title ... in a manner to sears mastercard account online it to be sears gold master card account to the transmission recipient by the sears mastercard account online or technology sears mastercard account for receiving the service provided by the transmitting entity''), (c) § 114(h)(1) (``If the copyright owner of a sears mastercard account online sears mastercard account licenses an sears mastercard account entity the right to sears mastercard account sears master card account a sears mastercard account sears mastercard account online by means of a sears mastercard account online audio transmission under § 106(6), the copyright owner shall make [it] available ... to all bona fide entities that sears mastercard account sears mastercard account services''), (d) § 114(j)(6) (referring to transmissions sears mastercard account online as ``part of a service'') and (e) § 114(j)(7) (``If an entity offers both interactive and noninteractive services''). Id. at 8. In sears gold master card account of its interpretation that, if Congress had meant to sears gold master card account the sears mastercard account online license available under § 114(d)(2)(B) to sears gold master card account business entities, rather than to subscription services, it could and would have
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