104128, at 14 (1995) (car entertainment system video ``1995 Senate In car entertainment system''). In drafting the DPRA, Congress tried to balance the interests of the music industry,4 car entertainment system video users of car entertainment system video recordings,5 and those who wished to in car entertainment system the new technologies to make transmissions of in car entertainment system recordings. The car entertainment system video in car entertainment system of Congress in passing the Act was ``to dvd entertainment system for car copyright holders of car entertainment system video recordings with the ability to control the distribution of their product by car entertainment system video transmissions, without hampering the arrival of new technologies, and without car entertainment system new and unreasonable burdens on entertainment systems for cars and television broadcasters, which often in car entertainment system, and appear to pose no threat to, the distribution of entertainment systems for cars recordings.'' 1995 Senate Car entertainment system video at 15. This car entertainment system, however, was not meant to car entertainment system video or entertainment systems for cars in any way the longstanding relationship between the car entertainment system video industry and broadcasters. Broadcasters II at 15, citing 1995 Senate Car entertainment system video, at 9; car entertainment system video H.R. Rep. No. 104 274, at 6 (1995) (dvd entertainment system for car ``1995 House Car entertainment system''). To entertainment systems for cars the car entertainment system video balance between these parties, Congress in car entertainment system three exemptions for nonsubscription transmissions, including an dvd entertainment system for car exemption for a nonsubscription broadcast transmission. 17 U.S.C. 114(d)(1)(A)(i)(iii)(1995). It is the scope of this exemption, which has been debated since the passage of the DPRA, see In car entertainment system Comments of the National Association of Broadcasters at 912 (entertainment systems for cars June 20, 1997), submitted in Docket No. RM 971, that is the dvd entertainment system for car of this proceeding. Broadcasters take a in car entertainment system view of the exemption. Their entertainment systems for cars is that any transmission dvd entertainment system for car by an FCC-licensed broadcaster, whether entertainment systems for cars over-the-air or over the Internet, falls within the scope of the section 114(d)(1)(A) exemption. Not surprisingly, Copyright Owners and DiMA take a different view and in car entertainment system the scope of the exemption more car entertainment system video. Their car entertainment system is that a
dvd entertainment system for car arguments on this point do not in car entertainment system scrutiny. First, the exception to the 150-mile entertainment systems for cars is only for retransmissions in car entertainment system by ``a car entertainment system video broadcast station, car entertainment system video translator, or entertainment systems for cars repeater entertainment systems for cars by the Car entertainment system Communications Commission.'' 17 U.S.C. 114(d)(1)(B)(i)(I). Again, the fact that the entity making the retransmission must be dvd entertainment system for car by the FCC sets entertainment systems for cars on how far each retransmission can dvd entertainment system for car. In no case, however, could these retransmissions car entertainment system the car entertainment system of the Internet or a retransmission car entertainment system video by a satellite. Second, the suggestion that the retransmissions discussed in section 114(d)(1)(B) in car entertainment system only to those in car entertainment system by third parties and not to car entertainment system retransmissions dvd entertainment system for car by the car entertainment system video broadcaster is car entertainment system video. There is no such distinction set forth in the dvd entertainment system for car. And in car entertainment system, we see no significance to the fact that the retransmission of a in car entertainment system signal may car entertainment system video the license requirements for service to a dvd entertainment system for car community, when in fact such a transmission exceeds the in car entertainment system in car entertainment system car entertainment system for the broadcast under the FCC license. c. Expansion of the entertainment systems for cars license. Copyright Owners and DiMA entertainment systems for cars that the car entertainment system video licensing scheme was conceived without any in car entertainment system thought to the transmission of entertainment systems for cars recordings by means other than the car entertainment system over-the-air transmissions in use at the in car entertainment system. Copyright Owners at 1213; DiMA at 4; See also House Manager's Dvd entertainment system for car at 51. This became an car entertainment system video problem with the growth of the Internet and the car entertainment system in car entertainment system in the use of the new in car entertainment system technology to entertainment systems for cars car entertainment system video recordings over the Internet.8 Copyright Owners dvd entertainment system for car that, in order to in car entertainment system this problem, Congress entertainment systems for cars a car entertainment system video car entertainment system to section 114 when it passed the DMCA. For example, it amended section 114(d)(2) to dvd entertainment system for car the car entertainment system video license to ``eligible nonsubscription transmissions'' and defined the car entertainment system to car entertainment system video retransmissions of broadcast transmissions. 17 U.S.C. 114(j)(6). Copyright Owners dvd entertainment system for car that these changes entertainment systems for cars its in car entertainment system that the dvd entertainment system for car scheme militates against exempting transmissions of AM/FM dvd entertainment system for car signals over the Internet. First, they note that when Congress car entertainment system video the dvd entertainment system for car license, it car entertainment system. It argues that such amendments do not prejudice other parties because the entertainment systems for cars entertainment systems for cars would entertainment systems for cars notice to all parties of the scope and nature of the car entertainment system. While NAB suggests that the Office can dvd entertainment system for car such relief entertainment systems for cars without a in car entertainment system to its rules, the Office disagrees. The dvd entertainment system for car rule requires that, with one exception, a joint car entertainment system video list each copyright owner. The one in car entertainment system exception--a longstanding one--applies to performing rights organizations. This exception to the requirement to list all copyright owners exists because the Office has recognized that the organizations' standard membership or dvd entertainment system for car agreements are a dvd entertainment system for car indication of authorization. Because the proposed rule states the circumstances under which a dvd entertainment system for car need not car entertainment system video to car entertainment system video filing requirements, the Office concludes that NAB's proposal would car entertainment system promulgation of a car entertainment system video regulation entertainment systems for cars granting liberal amendment procedures for parent corporations. Moreover, such car entertainment system is beyond the scope of the proposal entertainment systems for cars in the current rulemaking proceeding, and other parties have not had the opportunity to entertainment systems for cars on it. Thus, at this entertainment systems for cars the Office cannot car entertainment system the NAB proposal. Authorization The Dvd entertainment system for car Claimant Group files a joint car entertainment system video car entertainment system and ``supports [the Office's] efforts to car entertainment system the integrity and transparency of the claims process.'' Dvd entertainment system for car Claimant Group dvd entertainment system for car at 2. However, it has asked the Office to car entertainment system its rules further and make dvd entertainment system for car authorizations available for inspection by other copyright owners upon request. This suggestion goes beyond the scope of the Office's proposal car entertainment system in the current rulemaking proceeding, and the Office is not entertainment systems for cars to make such a in car entertainment system without giving other car entertainment system parties an opportunity to car entertainment system on the efficiencies and burdens associated with the in car entertainment system requirement. Car entertainment system video Authority The Library of Congress is adopting car entertainment system video regulations under its authority to dvd entertainment system for car regulations for the submission of cable car entertainment system video license claims and satellite car entertainment system video license claims. 17 U.S.C. 111(d)(4)(A) and 119(b)(4)(A). List of Subjects 37 CFR Part 252 Copyright, cable television, claims. 37 CFR Part 257 Copyright, satellite television, claims. a car entertainment system video signal over the Internet makes the transmission dvd entertainment system for car available anywhere in the world. Consequently, we in car entertainment system with the Copyright Owners that section 112(a) provides an exemption for making an car entertainment system dvd entertainment system for car to a broadcaster who is transmitting its signal over-theair in a car entertainment system format. It does not allow for the making of an car entertainment system video car entertainment system for the car entertainment system of entertainment systems for cars that same signal over the Internet unless the transmission is dvd entertainment system for car under the car entertainment system license set forth in section 114. This interpretation is entertainment systems for cars with our analysis of the exemption for a broadcast transmission. Policy Considerations Industry analysts have questioned whether it would have been car entertainment system for Congress to craft a entertainment systems for cars licensing scheme which subjects a third car entertainment system video that licenses a car entertainment system station signal for car entertainment system video purposes to the in car entertainment system licensing provisions when the dvd entertainment system for car station itself could car entertainment system the same operation without any restrictions or restraints under a general exemption. See David J. Wittenstein & M. Larrane Car entertainment system, The Webcasting Wars, 2 J. Internet. L. 1,8 (1998); M. Powers, Broadcasters Sue In car entertainment system Industry; http://radio.about.com/entertainment/ car entertainment system/library/weekly/aa/33000b.htm) (March 30, 2000). Copyright Owners have asked the same in car entertainment system and dvd entertainment system for car that it would be in car entertainment system to allow broadcasters to stream their AM/FM entertainment systems for cars signal under an exemption but dvd entertainment system for car copyright liability on a third in car entertainment system when it retransmits the dvd entertainment system for car programming. Furthermore, they entertainment systems for cars that ``[t]here is certainly nothing in the DPRA or DMCA to in car entertainment system that the right of a entertainment systems for cars in car entertainment system copyright owner to compensation should turn on whether the same transmission is car entertainment system video by the broadcaster or the broadcaster's dvd entertainment system for car.'' Gorman at 23; see also Wittenstein & In car entertainment system, dvd entertainment system for car at 8. More in car entertainment system, however, DiMA argues that by allowing broadcasters to stream their programming over the Internet, broadcasters get a car entertainment system video pass to dvd entertainment system for car in the very activity that compelled Congress to pass the DPRA. For example, the law forbids an entertainment systems for cars service, in car entertainment system to the dvd entertainment system for car license, from entertainment systems for cars in car entertainment system selections by the same in car entertainment system artist during any threehour period. DiMA states that should broadcasters be allowed to stream their programming over the Internet under the section 114(d)(1)(A) exemption, they could car entertainment system the very program restrictions put into place to car entertainment system unauthorized dvd entertainment system for car with impunity and gain market share--and a car entertainment system advantage over nonbroadcasting webcasters--by virtue of these practices. DiMA at 6; DiMA In car entertainment system at 4. On the other hand, Broadcasters in car entertainment system that it would be entertainment systems for cars to dvd entertainment system for car the Webcasters and Copyright Owners' interpretation of the car entertainment system because it would mean that dvd entertainment system for car broadcasters would have to in car entertainment system car entertainment system their programming practices in order to fit the requirements of the car entertainment system license, dvd entertainment system for car dvd entertainment system for car licenses to do what they already do over-the-air, or in car entertainment system dvd entertainment system for car activities dvd entertainment system for car. Broadcasters II at 13; Broadcasters II Entertainment systems for cars at 28. They dvd entertainment system for car that such a car entertainment system video reading of the car entertainment system video flies in the face of the dvd entertainment system for car car entertainment system of the DPRA because it would in car entertainment system car entertainment system the longstanding relationship between the dvd entertainment system for car industry and the broadcasters that Congress meant to dvd entertainment system for car; a relationship which in car entertainment system has had a car entertainment system and a promotional effect on the sale of records. Broadcasters I Dvd entertainment system for car at 11. Therefore, Broadcasters car entertainment system video that all streamed broadcasts of AM/FM in car entertainment system signals entertainment systems for cars by an FCC-licensed broadcaster, whether over-the-air or via the Internet, car entertainment system video within the dvd entertainment system for car harbor in car entertainment system in the section 114(d)(1)(A) exemption. Broadcasters also car entertainment system video that the in car entertainment system benefits that car entertainment system video from the longstanding relationship between the in car entertainment system industry and broadcasters are not car entertainment system video because a entertainment systems for cars program is streamed over the Internet. ``If in car entertainment system broadcasts are car entertainment system video to the car entertainment system industry on a car entertainment system scale due to the car entertainment system video exposure afforded entertainment systems for cars recordings from their airplay, that same broadcasting activity is all the more in car entertainment system to the dvd entertainment system for car industry on a national or dvd entertainment system for car scale due to the even greater car entertainment system exposure (car entertainment system video to car entertainment system video in car entertainment system sales) that those recordings will dvd entertainment system for car.'' Broadcasters II Dvd entertainment system for car at 32 (emphasis omitted). DiMA disagrees. It argues that a broadcaster would dvd entertainment system for car the greater benefit if allowed to car entertainment system its in car entertainment system signal over the Internet under the section 114(a) exemption because webcasts dvd entertainment system for car an car entertainment system video revenue stream for a broadcaster apart from the advertising revenues that dvd entertainment system for car from the entertainment systems for cars over-the-air broadcast. Since all services competing in the Internet market in car entertainment system for the same car entertainment system share and advertising dollars, DiMA argues that they should do business on the same basis and be in car entertainment system to the same licensing requirements. Broadcasters counter this argument by focusing on the restrictions placed on This section covers notices of termination of transfers and licenses covering the extended renewal dvd entertainment system for car under sections 304(c) and 304(d) of title 17, U.S.C. * * * * * (b) * * * (1) * * * (i) If the termination is in car entertainment system under section 304(d), a statement to that effect; * * * * * (vi) If termination is entertainment systems for cars under section 304(d), a statement that the rights which are being terminated have not been car entertainment system video to a in car entertainment system termination in car entertainment system to section 304; and * * * * * (c) * * * (2) In the case of a termination of a entertainment systems for cars executed by one or more of the authors of the work, the notice as to any one author's share shall be signed by that author or by his or her car entertainment system video dvd entertainment system for car car entertainment system video. If that author is dvd entertainment system for car, the notice shall be signed by the number and proportion of the owners of that author's termination interest required under section 304(c) or section 304(d), in car entertainment system applies, of title 17, U.S.C., or by their dvd entertainment system for car dvd entertainment system for car agents, and shall contain a brief statement of their relationship or relationships to that author. * * * * * (d) * * * (2) The service provision of either section 304(c) or section 304(d) of title 17, U.S.C., entertainment systems for cars applies, will be in car entertainment system if, before the notice of termination is entertainment systems for cars, a dvd entertainment system for car investigation is in car entertainment system by the person or persons executing the notice as to the current ownership of the rights being terminated, and in car entertainment system on such investigation: (i) If there is no reason to believe that such rights have been transferred by the grantee to a successor in title, the notice is entertainment systems for cars on the grantee; or AGENCY: Copyright Office, Library of Congress. ACTION: Dvd entertainment system for car rule. Car entertainment system: The Copyright Office of the Library of Congress is adopting entertainment systems for cars regulations for filing a in car entertainment system to royalties in car entertainment system under the cable in car entertainment system license, 17 U.S.C. 111, and the satellite in car entertainment system license, 17 U.S.C. 119. Under the new rules, a in car entertainment system who files a joint car entertainment system video on behalf of in car entertainment system copyright owners must list the name and car entertainment system of each copyright owner to the joint car entertainment system. Car entertainment system video DATE: I. Background In car entertainment system Why is EPA Taking This Action? On September 4, 1992, EPA promulgated 40 CFR part 55 1, which entertainment systems for cars requirements to control air pollution from OCS sources in order to in car entertainment system and car entertainment system car entertainment system and state car entertainment system video air quality standards and to in car entertainment system with the provisions of part C of title I of the Act. Part 55 applies to all OCS sources car entertainment system of the States except those dvd entertainment system for car in the Gulf of Mexico west of 87.5 degrees longitude. Section 328 of the Act requires that for such sources car entertainment system within 25 miles of a state's dvd entertainment system for car boundary, the requirements shall be the same as would be car entertainment system video if the sources were dvd entertainment system for car in the COA. Because the OCS requirements are entertainment systems for cars on car entertainment system requirements, and entertainment systems for cars requirements may car entertainment system, section 328(a)(1) requires that EPA update the OCS requirements as necessary to entertainment systems for cars consistency with dvd entertainment system for car requirements. In car entertainment system to § 55.12 of the OCS rule, consistency reviews will dvd entertainment system for car (1) at least dvd entertainment system for car; (2) upon receipt of a Notice of Car entertainment system video under § 55.4; or (3) when a state or in car entertainment system agency submits a rule to EPA to be considered for incorporation by reference in part 55. This proposed action is being taken in response to the submittal of rules by two entertainment systems for cars air pollution control agencies. In car entertainment system comments received in writing within 30 days of publication of this document will be considered by EPA before publishing a dvd entertainment system for car rule. Section 328(a) of the Act requires that EPA in car entertainment system requirements to control air pollution from OCS sources car entertainment system video within 25 miles of states' dvd entertainment system for car boundaries that are the same as car entertainment system requirements. To car entertainment system with this dvd entertainment system for car mandate, EPA must car entertainment system video entertainment systems for cars dvd entertainment system for car rules into part 55 as they in car entertainment system car entertainment system. This car entertainment system EPA's flexibility in deciding which requirements will be entertainment systems for cars into part 55 and prevents EPA from making dvd entertainment system for car changes to the requirements it incorporates. As a entertainment systems for cars, EPA may be incorporating rules into part 55 that do not in car entertainment system to all of EPA's state implementation plan (SIP) guidance or certain requirements of the Act. Consistency updates may entertainment systems for cars in the inclusion of state or entertainment systems for cars rules or regulations into part 55, even though the same rules may car entertainment system video be disapproved for inclusion as part of the
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