Some history | PRESS |
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1995 Congress passes the Digital Performance Right in Sound Recordings Act. 1998 Congress passes the
Digital Millennium Copyright Act ("DMCA") Notice
It is important to note that the above is in reference to a "statutory" license. This means that you are entitled to this license, but not obligated to its terms, if you negotiate a deal with the copyright holder(s). It also means that the rate you pay is either negotiated privately, or determined by a rate set through arbitraion.
November 27, 1998. Pursuant to the six-month voluntary negotiation provision of the DMCA, the Librarian initiated a voluntary negotiation period covering the timeframe October 28, 1998 through December 31, 2000. September 20, 1999, the Copyright Office directed webcasters, that wish to rely upon the compulsory license, to file a notice with the Copyright Office by October 15, 1999 or, if they had not yet launched, prior to their first transmission. September 27, 1999. In response to a request of the RIAA, the Copyright Office, issues a Notice and Schedule for the Copyright Arbitration Royalty Panel (CARP). January 13, 2000. The Librarian initiated a second six-month period for the parties to negotiate voluntary rates and terms covering January 1, 2001 through December 31, 2002. September 27, 1999, September 13, 2000 , December 11, 2000 The Copyright Office directed interested parties to file notice of their intent to participate in the 1998-2000 CARP proceeding and the 2001-02 proceeding. December 11, 2000. Copyright Office determines that broadcasters retransmission of their audio on the internet is not exempt from the fees for the public performance of sound recordings. (This matter is also in the courts.) 31 days of hearings were held July through September of 2001. 10 days of rebuttal hearings from October 15, 2001 though October 25, 2001. August 2001. Copyright Office Issues a report on the DMCA, with an Executive Summary Among other things, this report recommends that the Ephemeral Fees for webcasting be removed. The CARP proceedings were suspended from November 9, 2001 through December 2, 2001 to permit the parties to engage in settlement negotiations. The deadline for the CARP report was changed to February 20, 2002 as a result. The negotiations resulted in a confidential settlement agreement between NPR (National Public Radio) and RIAA. On December 20, 2001 and January 11, 2002, the Panel heard two days of oral arguments presented by counsel for the parties. Parties also submited Proposed Findings of Fact and Conclusions of Law, Replies thereto, and various other memoranda. February 20, 2002 Report of the Copyright Arbitration Royalty Panel
April 22, 2002 Congressional Letter to LoC June 20, 2002 Final Rule and Order on rates from the LoC. Summary of this decision. Recordkeeping February 7, 2002. Copyright Office outlines the proposed record keeping requirements and requests comments. April 5, 2002. Comments filed in response to the public notice on recordkeeping. April 15, 2002. Copyright Office calls for a "Roundtable" on recordkeeping. April 26, 2002. Reply Comments in the record keeping proceeding. May 5, 2002 Roundtable as recorded by TVworldwide.com June, 2002. "Likely Interim" recordkeeping requirements posted on Copyright Office website. |
The RAIN Report(Radio And Internet News) article. "The Daily Texan" opinion piece "Initial Notice of Digital Transmissions of Sound Recordings Under Statutory License" Gavin article"Copyright Office to Congress: Clarify DMCA" and the Executive Summary of the Copyright Office Report mentioned in Gavin. 37CFR253.5 Performance of musical compositions by public broadcasting entities licensed to colleges and universities.
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