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Copyright Office Publishes Proposed Rates, Terms for Webcasting

The Copyright Office of the Library of Congress has published proposed regulations that set rates and terms for the use of sound recordings in eligible 5/08/2003 8:00 AM Eastern

The Copyright Office of the Library of Congress haspublished proposed regulations that set rates and terms forthe use of sound recordings in eligible nonsubscriptiontransmissions (e.g., Webcasting) for the 2003 and 2004 statutory licensing period; for the use of sound recordingsin transmissions made by new subscription services from 1998through December 31, 2004; and for the making of ephemeral recordings necessary for the facilitation of such transmissions.

The rates and terms do not pertain to the use of sound recordings in digital transmissions of simulcasts of AM and FM radio broadcast programming, including transmissions made by noncommercial entities and to small commercial Webcasters who elect to operate under the Small Webcasters Settlement Act of 2002. These regulations will go into effect unless the Office receives written objection from a party with a substantial interest who objects to the proposed rates and terms and who files a "Notice of Intent to Participate in a Copyright Arbitration Royalty Panel."

Comments are due by June 2, 2003. See the Copyright Office Website at www.copyright.gov/fedreg/2003/68fr23241.html.

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