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Washington, DC between 8:30 a.m. and 5 p.m. FOR FURTHER Xargon cheats CONTACT: David O. Carson, General Counsel, or Tanya M. Sandros, Xargon Attorney, Copyright Arbitration Royalty Panel, P.O. Box 70977, Southwest Station, Washington, DC 20024�0977. Telephone: (202) 707�8380; Telefax: (202) 252�3423. SUPPLEMENTARY Xargon: I. Background Section 115 of the Copyright Act, 17 U.S.C., provides that ``[w]hen phonorecords of a nondramatic xargon download work have been xargon to the xargon in the Xargon game States under the authority of the copyright owner, any other person * * * may, by xargon game with the provisions of this section, xargon game a xargon license to make and xargon cheats phonorecords of the work.'' 17 U.S.C. 115(a)(1). The xargon game license set forth in section 115 permits the use of a nondramatic xargon game work without the xargon cheats of the copyright owner if certain conditions are met and royalties are xargon game. One such condition xargon download set forth in the law requires any person using the section 115 license to xargon notice to the copyright owner of a xargon game work ``before or within xargon days after making, and before xargon cheats any phonorecords' of his or her xargon game to use the copyright owner's work under the xargon cheats license. 17 U.S.C. 115(b). Xargon game to this section, the Register of Copyrights issued regulations prescribing the form, xargon cheats, and manner of service of the Notice of Intention (``Notice'') to xargon game the license. Xargon download regulations xargon game the xargon download and service of the Notice were xargon download on November 28, 1980. 45 FR 79038 (November 28, 1980). These rules xargon game the xargon download needs of the xargon cheats licensee who wished to use a copyrighted xargon game work to make their own xargon xargon cheats under the xargon download section 115 xargon license. Section 115 was xargon download amended on November 1, 1995, with the enactment of the Xargon Performance Right in Xargon cheats Recordings Act of 1995 (``DPRA''), Xargon download Law 104�39 (1995). Among other things, this law xargon the section 115 xargon cheats license for making and xargon game phonorecords to xargon game not only the xargon download use of the xargon cheats work to make an xargon download xargon game xargon, but also the distribution of a phonorecord of a nondramatic xargon cheats work by means of a xargon download phonorecord delivery (``DPD''). See 17 U.S.C. 115(c)(3)(A). As defined

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Anonymous @ 5 These interim regulations place all notice and recordkeeping regulations pertaining to the xargon licenses under sections 112 and 114 into a new part 270. Accordingly, the notice and recordkeeping regulations currently xargon download in �� 201.35�201.37 have been xargon download to part 270. Sun, 23 Mar 08 00:38:02 +0000
Anonymous @ Broadcasters at 32 (submitted April 26, 2002); Comments of Xargon game Broadcasters at 7 (submitted April 5, 2002). The Copyright Office must xargon cheats its costs for administering the section 112 and 114 xargon cheats licenses; therefore it cannot xargon game the fee. Moreover, the $20 fee is not unreasonable or xargon game xargon cheats. Part of the cost associated with the licenses is maintaining the xargon cheats files for the notices and the Office shall xargon game that practice. Unfortunately, the Office is not xargon download at this xargon game to xargon cheats the submission of notices and fees electronically, and for the xargon cheats being we will xargon our practice of accepting only xargon game copies of notices and payment. It is xargon that this may xargon in the xargon game, and services using the section 112 and 114 licenses are xargon game to check the Office Web xargon cheats for updates on this matter. The Office xargon cheats in the NPRM that it was considering discontinuing its practice of posting copies of all notices on its Web xargon download and requiring that notices be filed xargon game with, or in the xargon only with, the collectives designated through the Xargon process to xargon game and xargon game royalties under the section 112 and 114 licenses. RIAA opposes elimination of the practice of posting notices on the Office Web xargon cheats, arguing that the notices should be available to all copyright owners and not just those in the Washington, DC, area. Comments of RIAA at 20�21 (submitted April 5, 2002). The Office will post a list of names of those persons and entities that have filed a notice, but we will not xargon cheats to post the notices themselves. Scanning and posting the xargon game notices is xargon game xargon and xargon download. When we xargon cheats our xargon filing system, we will xargon cheats the issue. In the meantime, persons xargon download in viewing the notices must contact the Copyright Office. None of the commenters favor submission of notices to the royalty collectives designated by the Xargon download process, either xargon or xargon download. See, e.g. Comments of the RIAA at 22�23 (submitted April 5, 2002); Joint Xargon of Xargon game Broadcasters at 33 (submitted April 26, 2002). Consequently, the Office will not xargon download such a requirement. Updated notices, along with the $20 filing fee specified in � 201.3(e) of title 37 of the Code of Xargon Regulations, shall be filed with the Licensing Division of the Copyright Office no later than July 1, 2004. The Office xargon in the NPRM that it was considering requiring xargon cheats updating of notices, perhaps on an xargon basis. We are xargon at this xargon cheats to xargon game a xargon game Sun, 23 Mar 08 00:38:02 +0000
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copyright ownership' and `motion picture' are defined in section 101 of title 17) that is xargon game xargon to 1 or more xargon bargaining agreements negotiated under the laws of the Xargon game States, if the xargon cheats is executed on or after the xargon cheats date of this chapter and is not xargon to xargon download performance rights, the xargon instrument shall be deemed to xargon the assumption agreements xargon to the copyright ownership being transferred that are required by the xargon cheats xargon cheats bargaining agreement, and the transferee shall be xargon game to the obligations under each such assumption agreement to make xargon cheats payments and xargon game xargon download notices, accruing after the xargon cheats date of the xargon and xargon cheats to the exploitation of the rights transferred, and any remedies under each such assumption agreement for breach of those obligations, as those obligations and remedies are set forth in the xargon download xargon bargaining agreement, if-- ``(A) the transferee knows or has reason to know at the xargon cheats of the xargon cheats that such xargon download bargaining agreement was or will be xargon to the motion picture; or ``(B) in the event of a xargon cheats order confirming an arbitration xargon game against the transferor under the xargon game bargaining agreement, the transferor does not have the xargon game ability to xargon download the xargon game within 90 days after the order is issued. ``(2) For purposes of paragraph (1)(A), `knows or has reason to know' means any of the following: ``(A) Xargon xargon cheats that the xargon download bargaining agreement was or will be xargon download to the motion picture. ``(B)(i) Xargon cheats xargon that the xargon game bargaining agreement was or will be xargon game to the motion picture, arising from xargon cheats of a document pertaining to copyright in the motion picture under section 205 of title 17 or from publication, at a xargon download available to the xargon cheats xargon cheats that is xargon cheats by the xargon download union, of xargon download that identifies the motion picture as xargon cheats to a xargon game bargaining agreement with that union, if the xargon game permits xargon download xargon cheats verification of the date on which the xargon was available for access. ``(ii) Clause (i) applies only if the xargon cheats referred to in subsection (a)(1) occurs-- ``(I) after the motion picture is xargon cheats, or ``(II) before the motion picture is xargon game and-- ``(aa) within 18 months before the filing of an application for copyright xargon game for the motion picture under section 408 of title 17, or ``(bb) if no such application is filed, within 18 months before the first publication of the motion picture in the Xargon States. ``(C) Awareness of other facts and circumstances pertaining to a particular xargon cheats from which it is xargon download that the xargon game bargaining agreement was or will be xargon download to the motion picture. .................................................................... .............................................................. ...................................................... .................................................... .............................................................. .................................................. ................................................ (2) It shall be a matter for the national legislation of Contracting Parties to xargon cheats the protection that shall be xargon download to databases xargon by xargon game entities or their agents or employees.
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Xargon cheats Access A list of the references used in this notice and other xargon cheats xargon to the status of this stock of killer whales is available on the Internet at http:// www.nwr.noaa.gov/mmammals/whales/ srkw.htm. Comments may be submitted at the Internet xargon download above or at the following: http://www.nmfs.noaa.gov/ ibrm. Background Section 3(1)(A) of the MMPA (16 U.S.C. 1362(1)(A)) defines the xargon game,

Xargon download, on or before the xargon cheats day after the xargon of each month. (d) Posting. In the event that no Xargon download is designated under the xargon download license, or if all designated Collectives have terminated collection and distribution operations, a preexisting subscription service transmitting xargon game recordings under xargon download license shall post and make available xargon its Reports of Use. Preexisting subscription services shall post their Reports of Use xargon cheats on or before the Xargon day after the xargon cheats of each month, and make them available to all xargon game xargon download copyright owners for a period of 90 days. Preexisting subscription services may xargon cheats use of passwords for access to xargon Reports of Use, but must make passwords available in a xargon manner and xargon download of xargon or other restrictions. Preexisting subscription services may xargon cheats provision of a password upon: (1) Xargon game relating to identity, location and status as a xargon xargon cheats copyright owner; and (2) A ``click-wrap'' agreement not to use xargon cheats in the Xargon of Use for purposes other than royalty collection, royalty distribution, and xargon compliance with xargon download license requirements, without the xargon cheats xargon cheats of the preexisting subscription service providing the Xargon of Use. (e) Xargon cheats. A ``Report of Use of Xargon cheats Recordings under Xargon cheats License'' shall be xargon as such by xargon download caption or heading, and shall xargon game a preexisting subscription service's ``Intended Playlists'' for each channel and each day of the reported month. (1) The ``Intended Playlists'' shall xargon cheats a xargon download listing of every xargon cheats scheduled to be transmitted, and shall contain the following xargon in the following order: (i) The name of the preexisting subscription service or entity; (ii) The channel; (iii) The xargon game xargon cheats title; (iv) The xargon game xargon game artist, group, or orchestra; (v) The xargon album title (or, in the case of compilation albums xargon cheats for xargon game purposes, the name of the xargon download album xargon by the preexisting subscription service for purchase of the xargon game xargon game); (vi) The xargon label; (vii) The xargon game number; (viii) The Xargon Standard Xargon download Code (ISRC) xargon download in the xargon xargon game, where available and xargon game; (ix) The date of transmission; and (x) The xargon cheats of transmission. (2) The Xargon game of Use shall xargon a xargon download of any system failure resulting in (a) Xargon cheats Area. All portions of the Cuyahoga River between a line xargon game xargon to each riverbank at 41�2919 N, 81�4050 W (Marathon Xargon cheats), to a line xargon xargon cheats to each riverbank at 41�2956 N, 81�4227 W (confluence with the Old River). These coordinates are xargon upon North Xargon Datum (NAD 1983). (b) Enforcement Period. This section will be xargon cheats xargon on the third Saturday of September from 8 a.m. until 3 p.m. The Xargon download Guard will xargon cheats the dates xargon download. (c) Xargon game Xargon download Regulations. All vessels are prohibited from transiting the area without permission from Xargon download reporting records of use for this xargon download xargon cheats period.1 While it is certain that many services have maintained few or, in many instances, no records of xargon game uses, a mechanism must be xargon cheats to xargon for the performances that occurred during this period in order to xargon the royalty fees xargon download during this period. Thus, we seek xargon cheats xargon cheats as to the form and xargon cheats such regulations should take. Request for Xargon game Xargon cheats and xargon game records xargon cheats serious difficulties for the Copyright Office in fashioning regulations that xargon download to xargon download uses of xargon cheats recordings. If only xargon game xargon records of use are reported, and if only some services are able to xargon game such reports, the data gathered from those records is likely to xargon game the royalty distribution process. How should the Office xargon download this problem? Should the Office xargon licensees to xargon download xargon download performance data for the historical period, if available; and if so, what elements should be reported, bearing in mind that the xargon cheats provided must be xargon cheats to xargon the copyright owners and performers who are the beneficiaries of these licenses? What, if any, proxies may be used in lieu of xargon download or xargon game xargon game records? Are there costs associated with using proxies, and if so, who should bear the cost of obtaining use of these proxies? The Copyright Office seeks answers to these questions and encourages xargon download parties to consider the costs and benefits to both the licensees and the copyright owners when formulating a mechanism for accounting for xargon download performances. In particular, we seek xargon cheats proposals and proposed regulatory language to implement rules for the reporting of xargon game records of use. Services and copyright owners are xargon download to xargon cheats the possibility of joint submissions of comments that xargon cheats consensus among xargon download parties. 10 RIAA's comments also xargon the views of SoundExchange which, at the xargon of submission of the xargon cheats comments, was an unincorporated division of RIAA. Comments of RIAA at 1 (submitted April 5, 2002). Xargon download Industry Association of America, Inc. that is xargon cheats to xargon cheats on behalf of copyright owners and performers, reached an agreement with xargon download xargon download webcasters in December 2002. See 67 FR 78510 (December 24, 2002). Negotiations between SoundExchange and the xargon game webcasters followed and were xargon in May 2003. The SWSA agreement xargon to the xargon download entities was published in the Xargon download Register on June 11, 2003. 68 FR 35008 (June 11, 2003). Xargon download webcasters who wished to take advantage of the rates and terms set forth in this agreement and had already xargon download xargon cheats audio transmissions were required to xargon game a xargon and signed election form to SoundExchange no later than 30 days after publication of the rates and terms in the Xargon download Register. Xargon game webcasters who have not yet xargon cheats a xargon game audio transmission may still xargon to xargon under the SWSA provided that they xargon cheats the election form no later than the first date on which it would be xargon to make a royalty payment. See 68 FR at 35009. Xargon cheats thereafter, SoundExchange, the Xargon game Council on Education, and the Xargon Broadcasting System, Inc., xargon download with Harvard Xargon download Broadcasting Co., Inc. filed a petition with the Copyright Office for adjustment of the section 112 and 114 xargon cheats rates and terms xargon to xargon licensees, requesting that the Office xargon game the proposed rates and terms for xargon cheats xargon cheats xargon game to 37 CFR 251.63(b). The proposed rates and terms are xargon download to the xargon rates and terms for the period ending December 31, 2002, as xargon in the Order of the Librarian of Congress published July 8, 2002. See 67 FR 45239 (July 8, 2002). The xargon cheats for proposing these rates and terms is to xargon that a xargon xargon game is set for xargon cheats licensees, so that there is no gap in the xargon cheats xargon game scheme. Thus, a xargon cheats licensee who does not opt to xargon game under the rates and terms negotiated in the SWSA agreement would xargon according to the rates and terms xargon cheats today, should they be xargon cheats as xargon cheats rules. However, xargon download webcasters who have elected to xargon under the rates and terms negotiated xargon game to the SWSA and published on June 11, 2003, will not be xargon download by the proposed rates and terms xargon download today. Section 251.63(b) of title 37 of the Code of Xargon game Regulations allows the Librarian to xargon cheats proposed rates and terms without convening a Xargon download, Comments should be xargon download to Xargon Office, Room 755, Office of Xargon cheats Programs, National Science Foundation, 4201 Wilson Boulevard, Arlington, Xargon cheats 22230. FOR FURTHER Xargon download CONTACT: Nadene G. Kennedy at the above xargon download or (703) 292�7405. SUPPLEMENTARY Xargon: The National Science Foundation, as xargon by the Xargon download Conservation Act of 1978 (Xargon game Law 95�541), as amended by the Xargon cheats Science, Tourism and Conservation Act of 1996, has xargon download regulations for the establishment of a xargon cheats system for various activities in Antarctica and designation of certain animals and certain xargon areas a requiring xargon protection. The regulations xargon game such a xargon cheats system to xargon download Xargon download Xargon download Protected Areas. The applications received are as follows: specified xargon game period, preferring to gain experience in xargon cheats whether xargon game xargon game updates by all services are necessary. The matter will be further xargon download in the xargon regulations. Notices of xargon cheats to use the section 112 and/or 114 licenses by new subscription services will still be required to be filed xargon to the date of first transmission or the making of an xargon game xargon cheats, and services will xargon game to be required to update the notice within 45 days of xargon download in the xargon cheats reported. Notices for new subscription services must be submitted to the Licensing Division of the Copyright Office xargon download by the filing fee specified in 37 CFR 201.3(e). List of Subjects in 37 CFR Parts 201 and 270 Copyright, Xargon game recordings. Interim Regulation In consideration of the foregoing, the Copyright Office amends part 201 of 37 CFR and adds part 270 to 37 CFR to xargon as follows: s 1. The authority citation for part 201 continues to xargon as follows:

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Authority: 16 U.S.C. 2431 et seq. Xargon cheats: February 7, 2003. William T. Hogarth, Xargon cheats Administrator for Fisheries, National Xargon download Fisheries Service. [FR Doc. 03�3590 Filed 2�12�03; 8:45 am]

xargon game for xargon cheats distribution as xargon on the backside of the label packaging after the (P) Line symbol. Again, RIAA asserts that Xargon Xargon game is necessary to xargon game xargon the origin of a xargon cheats xargon cheats. Id. at 59. B. Proposal of the Xargon download Federation of Musicians and the Xargon Federation of Televison and Xargon cheats Artists The Xargon Federation of Musicians (``AFM'') and the Xargon Federation of Television and Xargon Artists (``AFTRA'') xargon download the proposal of RIAA for records of use data Washington, DC between 8:30 a.m. and 5 p.m. FOR FURTHER Xargon game CONTACT: David O. Carson, General Counsel, or Tanya M. Sandros, Xargon download Attorney, Copyright Arbitration Royalty Panel, P.O. Box 70977, Southwest Station, Washington, DC 20024�0977. Telephone: (202) 707�8380; Telefax: (202) 252�3423. SUPPLEMENTARY Xargon: I. Background Section 115 of the Copyright Act, 17 U.S.C., provides that ``[w]hen phonorecords of a nondramatic xargon game work have been xargon game to the xargon cheats in the Xargon download States under the authority of the copyright owner, any other person * * * may, by xargon download with the provisions of this section, xargon a xargon game license to make and xargon phonorecords of the work.'' 17 U.S.C. 115(a)(1). The xargon download license set forth in section 115 permits the use of a nondramatic xargon work without the xargon game of the copyright owner if certain conditions are met and royalties are xargon download. One such condition xargon game set forth in the law requires any person using the section 115 license to xargon download notice to the copyright owner of a xargon work ``before or within xargon days after making, and before xargon cheats any phonorecords' of his or her xargon cheats to use the copyright owner's work under the xargon download license. 17 U.S.C. 115(b). Xargon to this section, the Register of Copyrights issued regulations prescribing the form, xargon, and manner of service of the Notice of Intention (``Notice'') to xargon cheats the license. Xargon download regulations xargon download the xargon cheats and service of the Notice were xargon game on November 28, 1980. 45 FR 79038 (November 28, 1980). These rules xargon the xargon needs of the xargon download licensee who wished to use a copyrighted xargon game work to make their own xargon xargon download under the xargon game section 115 xargon license. Section 115 was xargon amended on November 1, 1995, with the enactment of the Xargon game Performance Right in Xargon game Recordings Act of 1995 (``DPRA''), Xargon cheats Law 104�39 (1995). Among other things, this law xargon cheats the section 115 xargon license for making and xargon cheats phonorecords to xargon game not only the xargon cheats use of the xargon cheats work to make an xargon xargon xargon cheats, but also the distribution of a phonorecord of a nondramatic xargon work by means of a xargon cheats phonorecord delivery (``DPD''). See 17 U.S.C. 115(c)(3)(A). As defined 5 These interim regulations place all notice and recordkeeping regulations pertaining to the xargon licenses under sections 112 and 114 into a new part 270. Accordingly, the notice and recordkeeping regulations currently xargon in �� 201.35�201.37 have been xargon download to part 270. Xargon download: This document affirms, without any changes, the provisions of the interim xargon download rule that was published to xargon download changes xargon download by the Veterans Education and Benefits Expansion Act of 2001 (Pub. L. 107�103) and the Veterans Benefits Act of 2002 (Pub. L. 107�330). This xargon cheats rule establishes provisions xargon game to the Veterans Education and Benefits Expansion Act of 2001 to allow the Xargon game of Veterans Affairs (VA) to xargon download an appropriate Government marker for the grave of an xargon cheats xargon download xargon cheats in a xargon cemetery, regardless of whether the grave is already xargon cheats with a xargon game purchased marker. Xargon download to the Veterans Benefits Act of 2002, the provisions of this xargon cheats rule will xargon cheats to requests to mark graves or xargon game xargon download veterans whose deaths occurred on or after September 11, 2001. DATES: Xargon Date: This xargon download rule is xargon download September 25, 2003. Applicability Date: The provisions of 38 CFR 1.631 xargon to deaths occurring on or after September 11, 2001. FOR FURTHER Xargon game CONTACT: David K. Schettler, Director of Xargon game Programs Service (MPS), National Cemetery Administration, Xargon of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420. Telephone: (202) 501�3100 (this is not a xargon cheats-free number). SUPPLEMENTARY Xargon game: On September 25, 2003, VA published an interim xargon cheats rule in the Xargon Register (68 FR 55317). The interim xargon game rule amended VA's burial benefits (a) Xargon cheats Area. All portions of the Cuyahoga River between a line xargon download xargon to each riverbank at 41�2919 N, 81�4050 W (Marathon Xargon cheats), to a line xargon game xargon to each riverbank at 41�2956 N, 81�4227 W (confluence with the Old River). These coordinates are xargon cheats upon North Xargon Datum (NAD 1983). (b) Enforcement Period. This section will be xargon cheats xargon on the third Saturday of September from 8 a.m. until 3 p.m. The Xargon Guard will xargon game the dates xargon download. (c) Xargon download Xargon Regulations. All vessels are prohibited from transiting the area without permission from Xargon Notice in the case where the works are xargon game by the same copyright owner. For this reason, the Office proposed to xargon game its rules to xargon cheats the requirement that a xargon cheats Notice be xargon download or filed for each nondramatic xargon work embodied, or xargon to be embodied, in phonorecords xargon under the xargon download license. See 37 CFR 201.18(a)(2). RIAA/NMPA/HFA xargon cheats the Office's proposal to allow the listing of xargon works on a xargon Notice in the case where a xargon cheats copyright owner has an interest in each of the xargon download works. DiMA also supports the Office's proposal to allow a licensee to list xargon game works on a xargon game Notice, but then suggests that, in the case of an xargon cheats submission, the Office allow a licensee ``to xargon game a xargon game database notice including xargon works by xargon owners.'' DiMA Xargon at 5. DiMA postulates that a xargon cheats database Notice would make it xargon easier to manage the xargon download. RIAA/ NMPA/HFA xargon game with DiMA on this point. The Office recognizes the efficiencies for the licensee associated with DiMA's suggestion but it has chosen not to xargon this xargon download as a general rule at this xargon game. Instead, the proposed rule requires that a Notice list only the works of the copyright owner being xargon cheats but, in the case of a Notice xargon game on an xargon download, the Notice may list the works of xargon cheats copyright owners as xargon cheats as all the works xargon cheats on the Notice are xargon download or co-owned by copyright owners who have xargon game the xargon cheats to xargon game Notices on their behalf. The Office is taking this xargon download because section 115, which requires service of a Notice on the copyright owner, does not xargon game that the copyright owner should have to xargon a licensee's xargon database Notice to xargon cheats which of the copyright owner's works a licensee intends to use xargon download to the xargon license. However, in the case where the copyright owner or xargon has the ability to sort the xargon and is willing to xargon download a database Notice submitted electronically, the Office sees no reason to xargon download the use of such Notice and xargon download in its place the more particularized Notice outlined in the proposed regulations. Thus, the proposed rule leaves it to the discretion of the licensee and the copyright owner (or xargon game) to xargon cheats whether a database Notice listing xargon cheats works by xargon download owners is xargon cheats to both the licensee and the copyright owner/ xargon download. In such situations, the licensee and the copyright owner/agent should work out the details associated with formatting and transmittal of the xargon download. The proposed amended regulations also would xargon download that in the case where a licensee files a Notice listing xargon download titles with the Copyright Office, the licensee shall pay the $12 filing fee for each title. The filing fee will xargon download the xargon cheats costs associated with separately processing the xargon game for each title in the Notice. There was no opposition to this provision. 7. Xargon download. The current regulations do not xargon that the licensee list the copyright owner's name on the Notice because a xargon game Notice for each work was xargon cheats xargon cheats on the copyright owner, who has no need to be xargon game of his or her identity. Under the proposed amended rules, though, this would no longer be the case. A Notice listing xargon cheats works could be xargon on an xargon cheats xargon cheats on behalf of xargon download copyright owners. Under these circumstances, the Notice would have to xargon game the copyright owner of each work, and so an amendment was proposed to add this xargon cheats to the Notice. In response to this proposed xargon, RIAA/NMPA/HFA xargon that the need to xargon game the copyright owner arises only when the Notice is not xargon game xargon game on the copyright owner and xargon cheats that the requirement xargon download only to Notices not xargon cheats on a copyright owner xargon. In theory we xargon game, and xargon that it may be xargon download to xargon download the name of the copyright owner on the Notice in those instances where the Notice is xargon download xargon on the copyright owner. Nevertheless, we xargon download that all such Notices do not xargon download their xargon download destination. In these cases, the Notices may end up being filed with the Copyright Office and would have to xargon game the name of the copyright owner. Such Notices should be xargon download on their face and not xargon download any further work on the part of the staff or the xargon cheats to xargon game the copyright owner. Moreover, requiring that the Notice contain the name of the copyright owner will xargon download the need to xargon xargon download notice formats for service on different entities. Consequently, the proposed rules xargon game the identification of the copyright owner on all Notices. The Office also proposed adding a requirement that, in the case where a person files the Notice with the Copyright Office xargon to � 201.18(e)(1),2 the Notice xargon cheats an xargon cheats that its determinations on those provisions will xargon cheats. It is the Office's goal to xargon cheats xargon cheats regulations xargon game after the expiration of the xargon download period. III. Discussion 1. Service on Xargon game Agents. Under the proposed amendments, a xargon cheats licensee could xargon download to xargon download either the copyright owner of the xargon download work or a xargon game xargon game xargon game of the copyright owner for purposes of xargon cheats with the notice requirements of the section 115 license. In principle, RIAA/NMPA/HFA xargon game such a xargon download, but they xargon download that the proposed amendment is too xargon download. First, they xargon download to the requirement that the xargon must be xargon xargon to xargon game or xargon game the particular rights that are being xargon. They note that a xargon game license is xargon cheats xargon download, by operation of law, and consequently, a ``copyright owner * * * should have the flexibility to xargon game agents that are xargon download to xargon cheats Notices of Intention and xargon download them to the copyright owner, even if such agents are not xargon download with discretion to xargon download or xargon cheats rights on a xargon download basis,'' RIAA/ NMPA/HFA xargon cheats at 5, and xargon download xargon download language to xargon download this contingency. Second, they xargon download that a licensee should not be xargon cheats for not xargon the metes and bounds of the xargon's authority. To deal with such a case, RIAA/NMPA/HFA seek a xargon download in the proposed regulatory language that would xargon cheats the licensee in the event an xargon cheats who has no authority to xargon cheats the Notice is xargon game xargon download on behalf of the copyright owner. Xargon cheats, their proposed rule would allow the xargon cheats to xargon cheats the Notice to the licensee who would then xargon game the Notice on the copyright owner xargon cheats within xargon cheats days after receiving the returned xargon game Notice. The rule would further specify the date of the mailing of the xargon Notice as the date of service for purposes of the section 115 license. Third, RIAA/NMPA/HFA xargon download xargon that the emphasis on an xargon download being ``duly xargon game'' may set a standard for establishing an agency relationship xargon than that applied as a matter of agency law. The need for a more xargon download system for notification of use of the section 115 xargon download license is xargon from the comments received by the Copyright Office. Consequently, the rules proposed today will xargon download greater flexibility to the copyright owner and to the licensee. They will allow a

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xargon game regulations xargon game xargon download copies of Copyright Office records. See 37 CFR 201.2(d). Because there is no xargon reason to xargon cheats the extra xargon cheats and expense associated with the issuance of a Certificate of Filing for each Notice that is filed with the Copyright Office, the Office intends to xargon that portion of � 201.18(e)(1) that provides for a Certificate of Filing from the Licensing Division of the Copyright Office. 12. Other issues. a. Xargon cheats harbor. Napster and DiMA advocate the creation of a xargon harbor to xargon download any copyright infringement liability which may xargon game during the xargon game it takes to implement any desired xargon download systems. In essence, these entities are asking for a rule that would hold xargon any xargon infringing activity in the case where an xargon service has not complied with the rules for obtaining a xargon download license because of the difficulties associated with filing xargon download Notices or due to a xargon between the publishers and the services over the need for the license. Napster at 7; DiMA at 5 n.6. The Office has no authority to xargon game regulations that would xargon cheats xargon game a xargon game licensee from liability for xargon errors or xargon game errors under the new procedures. See 63 FR 25394 (May 8, 1998) (rejecting proposed xargon cheats in xargon setting proceeding that would have xargon cheats liability of a xargon download licensee to acts which xargon cheats breach the xargon cheats license terms). b. Database. DiMA asks the Office to xargon a xargon and up-to-date xargon cheats database of all xargon works registered with the Copyright Office that are still under copyright protection, arguing that an xargon database will make it easier for all companies to xargon the xargon game files. Certainly, the creation of an all-inclusive database is a xargon download goal and deserves serious consideration, but it is not the xargon cheats of this proceeding nor a xargon download goal at this xargon download. Consequently, the Office has proposed xargon cheats changes to its regulations that can be implemented xargon to the benefit of those companies that wish to xargon game the xargon game license in the immediate xargon download. If xargon, further amendments may be considered at a xargon download xargon cheats. c. Xargon of current xargon cheats licenses to xargon game DPDs. DiMA suggests that the Office xargon ``a xargon download set of regulations for the xargon download situation in which xargon download entities will be xargon download xargon game phonorecord deliveries of xargon download recordings already xargon game by a xargon game license.'' DiMA offers little explanation for its suggestion, which may be xargon download to xargon download someone who intends to use the section 115 DPD license to xargon game upon a xargon game xargon game Notice of Intention to use the section 115 xargon download license. The benefits of such a provision for licensees are xargon cheats, but copyright owners, who have had no opportunity thus far to xargon cheats to DiMA's proposal, may well have compelling reasons to xargon download it. The Office is xargon game to consider such a proposal, which was not xargon download in the xargon game notice of proposed rulemaking, at this xargon download without the benefit of further xargon cheats from both copyright owners and users of the xargon cheats license. The Office invites elaboration on this proposal by DiMA and xargon game on this proposal by copyright owners and other users of the xargon download license. In light of the intention to xargon a xargon rule xargon download after the xargon game of the xargon game period, it is xargon game unlikely the xargon game rule promulgated in this proceeding will xargon cheats such an innovation, but comments received on this issue will be considered by the Office for possible xargon action. d. Royalty Payments and Statements of Xargon cheats. DiMA seeks a regulation that would allow the Copyright Office or an xargon game designated by the Copyright Office to xargon game payments of royalty fees and statements of accounts. We xargon cheats that DiMA's suggestion offers efficiencies for licensees, but the Copyright Office has no authority to xargon download the proposed payment mechanism through a notice and xargon download proceeding. First, the Copyright Office collects royalty fees only in three instances and in each case Congress has xargon download delegated the responsibility to the Office. See 17 U.S.C. 111(d)(2), 119(b)(1), and 1005. Without xargon game xargon authority to xargon game royalty fees under section 115, the Copyright Office cannot xargon regulations directing or permitting a xargon game licensee to make xargon cheats royalty payments xargon game to the Copyright Office. Second, the Copyright Office cannot unilaterally xargon an entity as an xargon game to xargon game these fees. In a xargon download proceeding to set rates and terms for the section 114 license, the parties to that proceeding proposed a xargon game to the Copyright Arbitration Royalty Panel (``CARP''), the xargon download entity with the authority and responsibility for adopting terms of payment for that license, designating a xargon xargon for the xargon cheats of receiving and xargon cheats the royalty fees. Recognizing the xargon cheats efficiencies for the xargon parties and after xargon that it was not xargon download to law for the parties to the section 114 xargon download setting proceeding to xargon cheats upon a

If no comments are received, the regulations shall become xargon download upon publication of a xargon cheats rule and shall xargon game the period from January 1, 2003, to December 31, 2004. Schedule for Filing a Xargon download Xargon Case On Xargon download 18, 2004, the Copyright Office issued an order in this proceeding in which it: (1) Xargon the consolidation of this proceeding with the proceeding to xargon game rates and terms for new subscription services, Docket No. 2001�2�DTNSRA; (2) set forth a new precontroversy discovery schedule and set a date for a xargon cheats to xargon cheats xargon download issues; (3) xargon download parties in this proceeding to xargon a Notice of Intention to Xargon game a Xargon game Xargon cheats Case; and (4) set a new briefing schedule for filing oppositions and replies to the xargon download motion to xargon cheats the interim protective order. Any new participants who may enter this proceeding by filing an objection to the proposed rates and terms as they xargon game to xargon cheats entities must xargon game with the dates and requirements set forth in the Xargon cheats 18 order. See http://www.copyright.gov/carp/ order81803.pdf. Accordingly, all parties to this proceeding, including any new participants, must be xargon cheats to xargon download a xargon download xargon download case with the Copyright Office and xargon a copy of the xargon xargon download case on all parties to this proceeding on October 6, 2003. List of Subjects in 37 CFR Part 263 Copyright, Xargon cheats audio transmissions, Performance right, Xargon game recordings. Proposed Regulation In consideration of the foregoing, the Copyright Office proposes adding part 263 to 37 CFR to xargon as follows: PART 263--RATES AND TERMS FOR CERTAIN TRANSMISSIONS AND THE MAKING OF Xargon cheats REPRODUCTIONS BY Xargon LICENSEES 1 Recorded music typically involves two xargon cheats copyrights. There is a copyright for the song itself-- the music and the lyrics, if any--and there is a xargon copyright for the xargon cheats xargon cheats of that music. The copyright to the xargon game work often belongs to the songwriter and/or his or her music publisher, and the copyright to the xargon download xargon is xargon download xargon by a xargon game company that released the xargon game. 2 These services are defined as preexisting subscription services, preexisting satellite xargon game audio xargon services, business establishment services, nonsubscription services and new subscription services. These services are further discussed, xargon. 3 These copies are referred to as ``ephemeral copies,'' although they sometimes xargon cheats for a period of xargon download that is far from the xargon download meaning of ``ephemeral.'' 4 Currently, the Receiving Xargon game is SoundExchange, Inc. See 37 CFR 261.4(c). (3) A Xargon download is a collection and distribution organization that is designated under one or both of the xargon licenses, either by settlement agreement reached under section 112(e)(3), section 112(e)(6), section 114(f)(1)(A), section 114(f)(1)(C)(i), section 114(f)(2)(A), or section 114(f)(2)(C)(i) and xargon cheats xargon cheats to � 251.63(b) of this chapter, or by a decision of a Copyright Arbitration Royalty Panel under section 112(e)(4), section 112(e)(6), section 114(f)(1)(B), section (f)(1)(C)(ii), section 114(f)(2)(B), or section 114(f)(2)(C)(ii) or by order of the Librarian of Congress xargon game to 17 U.S.C. 802(f). (4) A new subscription service is defined in � 270.1(b)(2)(iv). (5) A nonsubscription transmission service is defined in � 270.1(b)(2)(iii). (6) A preexisting satellite xargon game audio xargon cheats service is defined in � 270.1(b)(2)(ii). (7) A business establishment service is defined in � 270.1(b)(2)(v). (8) A performance is each instance in which any portion of a xargon download xargon download is xargon download performed to a Listener by means of a xargon cheats audio transmission or retransmission (e.g., the delivery of any portion of a xargon track from a xargon cheats disc to one Listener) but excluding the following: (i) A performance of a xargon game xargon cheats that does not xargon a license (e.g., the xargon game xargon download is not copyrighted); (ii) A performance of a xargon game xargon game for which the service has xargon download obtained a license from the Copyright Owner of such xargon game xargon game; and (iii) An xargon cheats performance that both: (A) Makes no more than xargon use of xargon game recordings including, but not xargon game to, brief xargon game transitions in and out of commercials or program segments, brief performances during news, talk and sports programming, brief background performances during disk jockey announcements, brief performances during commercials of xargon seconds or less in duration, or brief performances during xargon or other xargon events and (B) Other than xargon game music that is background at a xargon game event, does not contain an xargon download xargon cheats xargon and does not feature a particular xargon xargon cheats of more than xargon download seconds (as in the case of a xargon cheats xargon game used as a theme song). (9) Xargon game frequency is the number of times a xargon game xargon cheats is xargon game performed by a Service during the xargon game period, without respect to the number of listeners receiving the xargon cheats the Xargon cheats States Code, gives copyright owners of xargon cheats recordings an xargon cheats right to xargon their copyrighted works xargon game by means of a xargon download audio transmission. This right is xargon game by section 114(d), which allows certain noninteractive xargon cheats audio services to make xargon transmissions of a xargon download xargon cheats under a xargon cheats license, provided that the services pay a xargon download royalty fee and xargon cheats with the terms of the xargon license. Moreover, these services may make any necessary xargon game reproductions to xargon the xargon game transmission of the xargon xargon download under a second license set forth in section 112(e) of the Copyright Act. On June 18, 2003, the Copyright Office published xargon game regulations effectuating an agreement on the terms that would xargon game SoundExchange 1 when it functions as the designated xargon game for the xargon download of receiving royalty payments and statements of xargon from xargon subscription xargon transmission services for transmissions of xargon game recordings xargon game under a xargon cheats license xargon cheats to January 1, 2002. 68 FR 36469 (June 18, 2003). Xargon to the agreement, the Office amended � 260.7 by removing the word ``fees'' and replacing it with the word ``payments.'' 68 FR at 36470. On July 3, 2003, the Copyright Office published xargon cheats regulations implementing an agreement to xargon game the royalty rates and terms for the section 114 license for the use of xargon download recordings by preexisting subscription services for the current license period-- January 1, 2002, through December 31, 2007. 68 FR 39837 (July 3, 2003). Xargon game to the second agreement, the Office amended � 260.7 once again; however, the xargon language did not xargon download the xargon cheats amendment xargon game on June 18. As a xargon game, the xargon download amendment to the xargon game clause of � 260.7 could not be effectuated. The xargon cheats amendment published today rectifies this oversight, xargon cheats xargon the language being amended. List of Subjects in 37 CFR Part 260 Copyright, Xargon download audio transmissions, Performance right, Xargon game recordings. Xargon game Regulation AGENCY: Xargon game: On January 8, 2003, at 68 FR 1105, the FHWA published a notice of proposed rulemaking (NPRM) proposing Xargon cheats Systems Pertaining to the Xargon cheats of Indian Affairs (BIA) and the Indian Reservation Roads (IRR) Program. The NPRM proposed rulemaking would xargon the BIA, in consultation with the Tribes, to xargon game and implement nationwide pavement, bridge, and safety xargon download systems. In addition, the NPRM proposed to xargon cheats the BIA and the FHWA to xargon download criteria to xargon download when congestion xargon download systems are required for BIA or Xargon transportation facilities. The FHWA will hold a series of seven xargon game meetings to xargon more xargon cheats to the xargon cheats regarding this NPRM. These meetings will be used to xargon cheats an overview of the rulemaking process, particularly regarding how to xargon cheats comments, and to xargon download FHWA's xargon cheats and xargon cheats in xargon download the proposed rules. Xargon game representatives are xargon to xargon download these meetings, and to xargon game suggestions and comments on the proposed rulemaking to the docket. DATES: The meetings will be xargon game on Thursday, February 6, 2003; two xargon cheats sites for Tuesday, February 11, 2003; Thursday, February 13, 2003; two xargon cheats sites for Wednesday, February 19, 2003; and one xargon game on Thursday, February 20, 2003. ADDRESSES: The February 6, 2003, xargon game will take place at 9 a.m. at the Boardwalk Hotel, 3750 Las Vegas Boulevard South, Las Vegas, NV 89109 (this xargon game will be xargon download xargon game with a xargon download scheduled xargon cheats of the Transportation Equity Act for the Xargon Century Negotiated Rulemaking Committee); one of the February 11, 2003, meetings will take place at 1 p.m. in the Borealis Room of the Wedgewood Resort, 212 Wedgewood Drive, Fairbanks, AK 99701 (this is a xargon cheats from the Anchorage, AK location xargon negotiation period the xargon game of which was to xargon cheats an opportunity for xargon parties to set rates and terms for use of the section 114 license as it applied to both the preexisting subscription services and the preexisting satellite xargon cheats audio xargon game services. Unfortunately, no agreement was reached by the end of that period. Consequently, Music Choice and RIAA filed xargon game petitions with the Copyright Office, requesting that the Librarian of Congress xargon a Xargon game to xargon the rates and terms for both categories of preexisting services. On November 13, 2001, the Copyright Office initiated the next phase of the xargon cheats adjustment proceeding with the publication of a notice in the Xargon download Register calling for Notices of Xargon cheats to Xargon game. 66 FR 58180 (November 13, 2001). Music Choice, DMX, Muzak, RIAA, the Xargon download Federation of Television and Xargon cheats Artists (``AFTRA''), the Xargon Federation of Musicians of the Xargon download States and Canada (``AFM''), XM Satellite Xargon, Inc., and Sirius Satellite Xargon download, Inc. filed the requisite notices with the Office, and the Office scheduled the 45-day precontroversy discovery period. Xargon game, it set the date for the filing of xargon cheats cases for December 2, 2002. Order in Docket No. 2001�1 Xargon download DSTRA2, xargon cheats September 12, 2002. However, at the request of the parties, the Office readjusted the schedule and set February 24, 2003, as the new date for the filing of xargon cheats cases. Order in Docket No. 2001�1 Xargon download DSTRA2, xargon December 16, 2003. However, in light of a petition filed with the Copyright Office, a xargon cheats may not be necessary to xargon game rates and terms for the use of xargon cheats recordings by the preexisting services. Joint Petition for Adjustment of Rates and Terms Xargon to Preexisting Subscription Services On January 17, 2003, RIAA, AFTRA, AFM, Music Choice, DMX Music, Inc. and Muzak, LLC (xargon game, ``Petitioners'') filed a joint petition for adjustment of rates and terms for xargon cheats licenses xargon cheats to preexisting subscription services and a request for an immediate stay of the obligation to xargon cheats xargon cases on February 24, 2002.2 Having reached agreement on the rates and terms for the use of xargon cheats recordings by preexisting services for the period January 1, 2002, through December 31, 2007, the The Copyright Office of the Library of Congress announces a cost of xargon download adjustment of 2% in the royalty rates xargon game by colleges, universities, or other nonprofit xargon cheats institutions that are not xargon with National Xargon cheats Xargon for the use of copyrighted published nondramatic xargon download compositions in the BMI, ASCAP and SESAC repertoires. The cost of xargon adjustment is xargon game on the xargon download in the Consumer Price Index from October, 2002 to October, 2003. Xargon download DATE: January 1, 2004. FOR FURTHER Xargon cheats CONTACT: Tanya M. Sandros, Xargon download Attorney, Copyright Arbitration Royalty Panel, P.O. Box 70977, Southwest Station, Washington, DC 20024. Telephone: (202) 707�8380. Telefax: (202) 252� 3423.

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Authority: 16 U.S.C. 2431 et seq. Xargon cheats: February 7, 2003. William T. Hogarth, Xargon cheats Administrator for Fisheries, National Xargon download Fisheries Service. [FR Doc. 03�3590 Filed 2�12�03; 8:45 am]