[Federal Register Volume 77, Number 221 (Thursday, November 15, 2012)]
[Proposed Rules]
[Pages 68075-68076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-27774]



Copyright Office

37 CFR Part 201 and 210

[Docket No. 2012-7]

Mechanical and Digital Phonorecord Delivery Compulsory License

AGENCY: Copyright Office, Library of Congress.

ACTION: Notice of proposed rulemaking: Extension of reply comment 


SUMMARY: The Copyright Office is extending the deadline for filing 
reply comments regarding its Notice of Proposed Rulemaking concerning

[[Page 68076]]

regulations for reporting Monthly and Annual Statements of Account for 
the making and distribution of phonorecords under a compulsory license.

DATES: Reply comments on the proposed regulation must be received in 
the Office of the General Counsel of the Copyright Office no later than 
5 p.m. Eastern Daylight Time (EDT) on December 10, 2012.

ADDRESSES: The Copyright Office strongly prefers that reply comments be 
submitted electronically. A comment submission page is posted on the 
Copyright Office Web site at http://www.copyright.gov/docs/section115/soa/comments/. The Web site interface requires submitters to complete a 
form specifying name and other required information, and to upload 
comments as an attachment. To meet accessibility standards, all 
comments must be uploaded in a single file in either the Adobe Portable 
Document File (PDF) format that contains searchable, accessible text 
(not an image); Microsoft Word; WordPerfect; Rich Text Format (RTF); or 
ASCII text file format (not a scanned document). The maximum file size 
is 6 megabytes (MB). The name of the submitter and organization should 
appear on both the form and the face of the comments. All comments will 
be posted publicly on the Copyright Office Web site exactly as they are 
received, along with names and organizations if provided. If electronic 
submission of comments is not feasible, please contact the Copyright 
Office at (202) 707-8380 for special instructions.

FOR FURTHER INFORMATION CONTACT: Tanya Sandros, Deputy General Counsel, 
or Stephen Ruwe, Attorney Advisor, Copyright GC/I&R, P.O. Box 70400, 
Washington, DC 20024. Telephone: (202) 707-8380. Telefax: (202) 707-

SUPPLEMENTARY INFORMATION: On July 27, 2012, the Copyright Office 
published a notice of proposed rulemaking and request for comments 
concerning a new regulation that would amend the regulations for 
reporting Monthly and Annual Statements of Account for the making and 
distribution of phonorecords under the compulsory license, 17 U.S.C. 
115, to bring the regulations up-to-date to reflect recent and pending 
rate determinations by the Copyright Royalty Judges, which among other 
things provide new rates for limited downloads, interactive streaming 
and incidental digital phonorecord deliveries, and to harmonize these 
reporting requirements with the existing regulations for reporting the 
making and distribution of physical phonorecords, permanent downloads 
and ringtones. The notice of proposed rulemaking stated that comments 
would be due no later than September 25, 2012 and that reply comments 
would be due October 25, 2012. Upon the request of several active 
institutional participants in the mechanical compulsory license system, 
the Copyright Office extended the comment deadline, making the comments 
due on October 25, 2012 and reply comments due on November 26, 2012. 77 
FR 55783 (September 11, 2012). The Copyright Office posted all comments 
received by the October 25, 2012 deadline on the Copyright Office Web 
site at http://www.copyright.gov/docs/docket2012-7/comments/initial/.
    On November 7, 2012, the Copyright Office received a joint motion 
filed on behalf of the Recording Industry Association of America, Inc., 
National Music Publishers Association, Digital Media Association, and 
Music Reports, Inc., (``Joint Requestors'') to extend the reply comment 
period by two weeks (i.e. until December 10, 2012). The Joint 
Requestors stated that they hope to be in a position to suggest 
specific certification language in their reply comments. However, they 
note that several key individuals involved in the Joint Requesters' 
discussions were adversely affected by Hurricane Sandy, and that 
discussions have been disrupted for over a week. They stated that a two 
week extension would allow them to discuss consensus positions and 
prepare a written submission setting forth whatever consensus positions 
are able to be reached.
    In the interest of giving the Joint Requestors, the necessary time 
to conclude the process of formulating consensus positions, the 
progress of which was interrupted by Hurricane Sandy, the Copyright 
Office has decided to grant the request and extend the reply comment 
period by two weeks, making the reply comments due on December 10, 

    Dated: November 8, 2012.
Maria Pallante,
Register of Copyrights.
[FR Doc. 2012-27774 Filed 11-14-12; 8:45 am]