Copyright News

COPYRIGHT OFFICE ALLOWS CLAIMS REGISTRATION ONLINE

July 1, 2008: The Copyright Office begins offering online registration of copyright claims. Online registration through the electronic Copyright Office (eCO) is now the preferred registration method for literary works, visual arts works, performing arts works, including motion pictures; sound recordings, and single serial publications. Advantages of online filing include a lower filing fee; the fastest processing time; online status tracking of your claim; secure payment by credit or debit card, electronic check, or Copyright Office deposit account; and the ability to upload certain categories of deposits directly into eCO as electronic files. To register a claim electronically, go to the Copyright Office website at www.copyright.gov and click on the eCO logo.

COPYRIGHT OFFICE PROPOSES RULES COVERING DIGITAL BROADCAST RETRANSMISSION ROYALTIES

June 2, 2008:  The Copyright Office seeks comments on proposed rule amendments governing cable operators’ digital television broadcast signal retransmissions under Section 111 of the Copyright Act. The Office recommends amendments to Section 201.17(b)(1) of Title 37 of the Code of Federal Regulations to accommodate cable systems’ digital television signal retransmission reporting.  Other issues include cable operators’ gross receipt calculations and multicasting reporting. Comments are due July 17, 2008.  Reply comments are due September 2, 2008. For further information go to http://www.copyright.gov/fedreg/2008/73fr31399.pdf.

2000-2003 CABLE ROYALTIES PROCEEDING & REQUEST FOR PETITIONS TO PARTICIPATE ANNOUNCED

April 2, 2008: Copyright Royalty Judges announced the commencement of a proceeding to determine the Phase I distribution of 2000, 2001, 2002, and 2003 royalties collected under the cable statutory license. The Judges also announced the due date, May 2, 2008, by which a party wishing to participate in the distribution proceeding must file its petition to participate and the accompanying $150 filing fee for claims exceeding $1,000. For more information, go to http://www.loc.gov/crb/fedreg/2008/73fr18004.pdf.

ONLINE FILING NOW AVAILABLE AT COPYRIGHT OFFICE

February 15, 2008: Deposit account holders now have the opportunity to participate in beta testing of eCO (the electronic Copyright Office) for filing basic copyright claims as well as replenishing deposit accounts electronically.  For eCO users filing online, the Copyright Office offers registration at a reduced fee, $35 instead of $45, a savings of $10 for each registration.  Some benefits include: creating one or more templates that include information often repeated in applications and attaching electronic deposit copies for some works, particularly for unpublished and most digital works.  For published works, applicants will continue to be required to send deposit copies by mail with a cover sheet for each specimen.

To enroll as a beta tester, sign up on the Copyright Office website http://www.copyright.gov/eco/beta-announce.html.  This firm successfully participates in beta testing of eCO.

U.S. SENATE INTRODUCES NONPROFIT EXEMPTION FOR LIVE FOOTBALL TELECASTS

February 11, 2008: The Senate introduced S 2591 on February 4th, 2008 to provide an exemption from exclusive rights in copyright for certain nonprofit organizations to display live football games. For more information, go to http://thomas.loc.gov/cgi-bin/query/z?c110:s.2591:.

COPYRIGHT ROYALTY BOARD SOLICITS COMMENTS FOR DISTRIBUTION OF 2004-05 CABLE ROYALTIES

January 30, 2008: Copyright Royalty Judges issued a Notice and announced a partial Phase I settlement in connection with the 2004 and 2005 cable royalty funds. The Judges are also soliciting comments on a motion for partial distribution in connection with these funds. Comments are due February 29, 2008. For more information, go to http://www.loc.gov/crb/fedreg/2008/73f5597-2.pdf.

The Notice characterizes a motion for 50% partial distribution of 2004-05 cable royalties as a partial settlement, rather than a standard motion for partial distribution.

COPYRIGHT ROYALTY BOARD REQUESTS COMMENTS REGARDING DISTRIBUTION OF 1999-2005 SATELLITE ROYALTIES

January 30, 2008: Copyright Royalty Judges requested comments as to the existence of controversies at Phase I and Phase II for distribution of the 1999 through 2005 satellite royalty funds. Comments are due February 29, 2008. For more information, go to http://www.loc.gov/crb/fedreg/2008/73f5597-2.pdf.

COPYRIGHT ROYALTY BOARD REQUESTS PETITIONS TO PARTICIPATE IN 1998-1999 PHASE II CABLE DISTRIBUTION PROCEEDING

January 30, 2008: Copyright Royalty Judges issued a Notice announcing a proceeding to determine the Phase II distribution of 1998 and 1999 cable royalties. Parties who wish to participate in this distribution proceeding must file a Petition to Participate with a $150 filing fee by February 29, 2008. For further information, go to http://www.loc.gov/crb/fedreg/2008/73f5596.pdf.

COPYRIGHT ROYALTY BOARD REQUESTS COMMENT ON PROPOSED REGULATIONS SETTING RATES AND TERMS FOR BUSINESS ESTABLISHMENT SERVICES

January 30, 2008: Copyright Royalty Judges published proposed regulations that set rates and terms for making an ephemeral recording of a sound recording by business establishment services for 2009-2013. Comments are due February 29, 2008. For further information, go to http://www.loc.gov/crb/fedreg/2008/73f5466.pdf.

Archives

April 4, 2007: The Copyright Office proposed amending its regulations governing copyright renewal applications and seeks public comment. Since January 1, 2006, all renewal applications have related to works subject to automatic renewal, already in their renewal terms. Comments are due May 4, 2007. For more information go to the Copyright Office's website at http://www.copyright.gov/fedreg/2007/72fr16306.html.

Under the proposed amendment, the Copyright Office will provide revised application forms for the registration of renewal claims. These forms will be available on the Copyright Office website and through postal mail upon request. The proposed revised Form RE, revised Form RE/CON, and revised Form RE/ADDENDUM may be viewed now on the Copyright Office website at http://www.copyright.gov/proposedforms.

March 2, 2007: Copyright Royalty Board sets rates for the public performance of works by Internet radio broadcasters from 2006-2010. The new rates to stream one song to one listener over the Internet are as follows:
2006: $0.0008
2007: $.0011
2008: $.0014
2009: $.0018
2010: $.0019
Considering that the average station plays 16 songs per hour, sites would have to pay almost 1.30 cents per listener per hour using the 2006 rate, and would owe this retroactively, in addition to paying licensing fees going forward. For further information, go to the Copyright Royalty Board website at http://www.loc.gov/crb/proceedings/2005-1/rates-terms2005-1.pdf.

September 8, 2005: Copyright Royalty Board Requests Comments in Existence of Controversies in Satellite Royalty Distributions for 2001, 2002, AND 2003 (70 FR 46193). The Copyright Royalty Board seeks comments on whether any controversy exists that would preclude distributing 50 percent of the satellite royalty funds to the Phase I parties for television programming years 2001, 2002, and 2003. If no controversy exists, or if no comments are received, the Board will grant the motion of the Phase I parties for the partial distribution of the 2001-2003 satellite royalty funds, subject to the protective refund conditions required for partial distributions. The Board also seeks comment on the existence and extent of any controversies to the 2001-2003 satellite royalty funds, either at Phase I or Phase II with respect to the 2001-2003 satellite royalty funds that would remain if the partial distribution is granted. To be considered, comments are due by September 8, 2005. For further information, go to the Copyright Royalty Board website at http://www.loc.gov/crb/fedreg/2005/70fr46193.html.

July 2005: Cable & Satellite Retransmission Royalty Claims Due to be Filed at Copyright Royalty Board. U.S. retransmission royalty claims for programming year 2004 are due to be filed during the month of July.  Due to the last day of the month falling on a weekend, claims will be accepted on August 1.

May 31, 2005: Copyright Royalty Board Sets Procedural Regulations.  Comments Due: June 30, 2005 (70 FR 30901)
The Interim Chief Copyright Royalty Judge, on behalf of the Copyright Royalty Board of the Library of Congress, issued new regulations governing the organization, administration, and procedures of the Board, for immediate use in proceedings that are subject to the jurisdiction of Copyright Royalty Judges. The Board replaced the Copyright Arbitration Royalty Panel ("CARP") system with
three permanent Copyright Royalty Judges.  The new regulations require a party seeking to participate in a royalty fund distribution proceeding to pay a filing fee of $150. That filing fee requirement is waived, however, if the contested amount of the claim is $10,000 or less.  For further information, go to the Copyright Office website at http://www.copyright.gov/crj/fedreg/2005/70fr30901.pdf.

January 26, 2005: Hammerman to Speak at NATPE 2005

Attorney Ted Hammerman, will speak at Media/Professional Liability Insurance's seminar, "Lights, Camera...Lawsuit!? Season III," at the National Association of Television Programming Executives' annual conference, NATPE 2005, in Las Vegas, Nevada. Hear how to keep your content out of courts and on the air. A select panel of media law experts, including Hammerman, share their tips and advice on how to avoid and limit media liability claims against producers, distributors and content buyers. This workshop will also address clearance issues for music, talent, and trademarks as well as protecting your intellectual and literary properties, copyright registration, and distribution agreements. The panel will run from 2:45-3:35 p.m. in Ballroom I of Mandalay Bay Resort, Las Vegas, Nevada.

January 10, 2005: Concluding date of voluntary negotiation period for the purpose of determining royalty fees for analog signals to be paid by satellite carriers.

The Copyright Office announced the voluntary negotiation period for the purpose of determining the royalty fees for analog signals to be paid by satellite carriers under the satellite carrier compulsory license. The voluntary negotiation period began December 30, 2004, and concludes on January 10, 2005. For further information, go to the Copyright Office website at http://www.copyright.gov/fedreg/2004/69fr78482.html.

December 2004:
Canadian Retransmission Collective Closes Royalty Distributions for 2000-2001
Canadian Retransmission Collective Releases Partial Distribution for 2003.
Copyright Collective of Canada Releases Partial Distribution for 2002.

Intellectual Property Protection and Courts Amendments Act of 2004 (P.L. 108-482) Signed

December 23, 2004: President Bush signed into law the Anti-counterfeiting Amendments of 2003. The law rewrites federal criminal code provisions regarding trafficking in counterfeit labels. The law prohibits knowingly trafficking in: (1) a counterfeit label affixed to, enclosing, or accompanying (currently, affixed to) a phonorecord, a copy of a computer program, a copy of a motion picture or other audiovisual work, or documentation or packaging; or (2) counterfeit documentation or packaging. The law expands the definition of "counterfeit label" to include a genuine label that is: (1) distributed for a product for which it was not intended, without authorization of the copyright owner; or (2) altered to falsify the number of authorized copies, the authorized user, or the edition of the program. The law authorizes the court, when a person is convicted of violating this Act, to order the forfeiture and destruction or other disposition of any equipment, device, or material used to manufacture, reproduce, or assemble the counterfeit labels. The law authorizes a copyright owner who is injured, or threatened with injury, by a violation of this Act to bring a civil action in U.S. district court and authorizes the court: (1) to grant one or more temporary or permanent injunctions to prevent or restrain violations of the Act; (2) to order the impounding of any article in the alleged violator's custody or control that the court has reasonable cause to believe was involved in a violation; and (3) to award to the injured party reasonable attorney fees and costs, actual damages, and any additional profits of the violator or statutory damages, as specified.

Satellite Home Viewer Extension and Reauthorization Act of 2004 Signed
(contained in Consolidated Appropriations Act, 2005, P.L. 108-447)

December 7, 2004: President Bush signed the Consolidated Appropriations Act for 2005. As part of the law, satellite television companies have 18 months to phase out a two-dish solution for reception of a certain local broadcast channels, an issue that targets EchoStar Communications and its use of two dishes for receiving a select set of local TV channels for a number of markets. The law includes a provision allowing satellite TV companies to deliver "significantly viewed" stations to consumers living outside the station's market. The law dictates royalty rate language that allows the satellite operators and program suppliers involved to negotiate their business arrangements rather than going through a cable arbitration royalty panel process. The law extends for five years the compulsory license that allows digital broadcast satellite services to provide superstations and distant network signals to subscribers. The law also allows for the creation of a "digital white area," which will permits satellite TV companies to deliver distant broadcast digital and high-definition television signals to consumers who cannot receive local digital TV signals.

Copyright Royalty and Distribution Reform Act of 2004 (P.L. 108-419) Signed

November 30, 2004: President Bush signed the Copyright Royalty and Distribution Reform Act of 2004. Section 3 of the Act amends federal copyright law to repeal requirements regarding the establishment and purpose of copyright arbitration royalty panels and replaces them with requirements setting forth the appointment and functions of Copyright Royalty Judges. The law requires Copyright Royalty Judges to: (1) accept or reject certain royalty claims filed on the basis of timeliness or the failure to establish the basis for a claim; (2) accept to reject rate adjustment petitions and petitions to participate in rate negotiations; (3) determine the status of digital audio recording devices and digital audio interface devices; and (4) adopt, except under specified conditions, as the basis for statutory terms and rates or as a basis for the distribution of statutory royalty payments, an agreement concerning such matters reached among some or all of the participants in a proceeding. The law authorizes Copyright Royalty Judges to: (1) make any necessary procedural or evidentiary rulings in any proceeding; and (2) before commencing a proceeding, to make any such rulings that would apply to the proceedings; and (3) consult with the Register of Copyrights in making any rulings under the Act.

Copyright Office Proposes to amend its regulations governing the filing of claims to allow for the on-line submission of cable, satellite, and DART claims.  Comments due November 17, 2004. (69 FR 61325)

Intermediary hosts Hispanic Heritage Awards as Bronze Sponsor. September 10, 2004.

MPAA releases partial distributions for Cable Retransmission Royalties for Television Programming Year 2002. September 1, 2004.

COPYRIGHT OFFICE ANNOUNCES ALTERNATIVE METHODS FOR FILING CLAIMS TO THE 2003 CABLE AND SATELLITE ROYALTY FUNDS (69 FR 30577)
 
May 28, 2004.  The Copyright Office of the Library of Congress announced alternative methods for filing claims to the 2003 cable and satellite royalty funds. In addition to the traditional methods, the Copyright Office offers an electronic filing option and strongly encourages claimants to use this method when filing their 2003 cable and satellite claims to better ensure that claims are timely received. Cable and satellite forms, including instructions for filing the claim electronically, will be available from July 1, 2004, through August 2, 2004, on the Copyright Office website at www.copyright.gov. Claims submitted online must be received on the Office's server no later than 11:59 p.m. eastern daylight time on August 2, 2004. Claims may also be delivered by hand or mailed to the Office.

Library of Congress Accepts Royalty Determinations for 1998 and 1999

Effective January 26, 2004, upon the recommendation of the Register of Copyrights, the Librarian of Congress accepted the determination of the Copyright Arbitration Royalty Panel (CARP) in the Phase I distribution of the 1998 and 1999 cable royalty funds, and announced the final Phase I distribution of those funds. The full text of the Librarian's order and the Register's recommendation is available on the Copyright Office website at http://www.copyright.gov/fedreg/2004/69fr3606.html.

The breakdown of over $112 million for 1998 and $117 million for 1999 is as follows:

Copyright Resources

Copyright Office

Copyright Arbitration Royalty Panel

Background of Copyright Royalty Claims

On October 19, 1976, President Ford signed into law a complete revision of the copyright law of the United States (title 17 of the United States Code). Most provisions of this statute came into force on January 1, 1978, superseding the Copyright Act of 1909. These provisions made significant changes in the copyright law. Further important changes resulted from the Berne Convention Implementation Act of 1988, which took effect March 1, 1989; the Copyright Renewal Act of 1992 (P.L. 102-307) enacted June 26, 1992, which amended the renewal provisions of the copyright law; and the Sonny Bono Copyright Term Extension Act of 1998 (P.L. 105-298) enacted October 27, 1998, which extended the term of copyrights for an additional 20 years.

In 1976, the revised Copyright Act introduced retransmission rights for owners of film and television programs. Its introduction required retransmitters, such as cable system operators or satellite companies, who profited from providing broadcast signals to their customers, to pay for the programs in the signals that are "distant" (rather than local).

With input from both producers and retransmitters, the Copyright Office of the Library of Congress set forth regulations that spelled out how much the retransmitters must pay, the circumstances under which they must pay, and to whom they must pay copyright royalties.

The Copyright Office required that the retransmission royalties be paid to its own Licensing Division. The Licensing Division collects distant signal royalties for copyright holders, including independent program producers, and producers of educational television, sports programming, news, weather, movies, religious programming, infomercials and others.

When a retransmitter receives an off-air (or, free-to-air) transmission of a local television station and extends that signal beyond its good quality reception area with the boost of a satellite or microwave, and delivers that to subscribers, it is officially retransmitting the signal. At that moment the cable and satellite companies retransmitting the signal are required by law to pay for using the programs. Retransmitters make the required payments, which are set by the Copyright Office, on a semi-annual basis who in turn distributes the royalties to the owners of the programs provided that proper claims are filed in July of each year.