Notice and Recordkeeping for Making and Distributing Phonorecords

LIBRARY OF CONGRESS

Copyright Office

37 CFR Part 201

[Docket No. RM 98-7A]

Notice and Recordkeeping for Making and Distributing Phonorecords

AGENCY: Copyright Office, Library of Congress.

ACTION: Reopening of reply comment period.

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SUMMARY: The Copyright Office of the Library of Congress is reopening

the reply comment period on the requirements by which copyright owners

shall receive reasonable notice of the use of their works in the making

and distribution of phonorecords.

DATES: Comment period is reopened to December 11, 1998.

ADDRESSES: If sent by mail, an original and ten copies of the reply

comments should be addressed to: David O. Carson, General Counsel,

Copyright GC/I&R, P.O. Box 70400, Southwest Station, Washington, D.C.

20024. If hand delivered, an original and ten copies of the reply

comments should be brought to: Office of the Copyright General Counsel,

James Madison Memorial Building, Room LM-403, First and Independence

Avenue, S.E., Washington, D.C. 20559-6000.

FOR FURTHER INFORMATION CONTACT: David O. Carson, General Counsel, or

Tanya M. Sandros, Attorney Advisor, Copyright GC/I&R, P.O. Box 70400,

Southwest Station, Washington, D.C. 20024. Telephone (202) 707-8380 or

Telefax (202) 707-8366.

SUPPLEMENTARY INFORMATION: On September 4, 1998, the Copyright Office

published a notice of inquiry seeking comments on the requirements by

which copyright owners shall receive reasonable notice of the use of

their works in the making and distribution of phonorecords. 63 FR 47215

(September 4, 1998). The Digital Performance Right in Sound Recordings

Act of 1995, Pub. L. 104-39 (1995), requires the Librarian of Congress

to establish these regulations to ensure proper payment to copyright

owners for the use of their works. 17 U.S.C. 115(c)(3)(D). Comments

were timely filed by the American Society of Composers, Authors and

Publishers (ASCAP), Broadcast Music, Inc

47215

(September 4, 1998). The Digital Performance Right in Sound Recordings

Act of 1995, Pub. L. 104-39 (1995), requires the Librarian of Congress

to establish these regulations to ensure proper payment to copyright

owners for the use of their works. 17 U.S.C. 115(c)(3)(D). Comments

were timely filed by the American Society of Composers, Authors and

Publishers (ASCAP), Broadcast Music, Inc. (BMI), and the National Music

Publishers' Association, Inc. (NMPA) and the Recording Industry

Association of America, Inc. (RIAA). Reply comments were due to be

filed on November 18, 1998.

The Office, however, has decided to reopen the deadline for filing

reply comments by a period of two weeks beginning from the date of

publication of this notice. The Office takes this action in response to

a request to reopen the reply comment period by two weeks to December

2, 1998. It is argued in the request that the complexity of the issues

involved in the adoption of notice and recordkeeping procedures for the

making and distribution of phonorecords merits additional time in which

to file reply comments. The Office agrees with this analysis and thus

grants the request to reopen the reply comment period. The Office sets

the reopened deadline for filing reply comments two weeks from

publication of this notice in the Federal Register in order to afford

all interested parties sufficient time in which to file their reply

comments.

Dated: November 23, 1998.

David O. Carson,

General Counsel.

[FR Doc. 98-31659 Filed 11-25-98; 8:45 am]

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