Copyright Office Seeks Comments On DAS Reporting

NEW YORK -- The deadline to submit comments to the U.S. Copyright Office regarding the way certain digital audio services report their use of sound recordings to copyright owners is April 14.

Two statutory licenses that enable digital audio services to transmit performances of copyrighted sound recordings were initially established in the Digital Performance Right in Sound Recordings Act of 1995. It governed those services in effect at the time, which the Copyright Office refers to as "pre-existing subscription services." The provisions were later amended in 1998 to include other types of digital audio services.

The Copyright Office published interim regulations on the requirements for these pre-existing services to provide notice of use and to provide reports for copyright owners.

Last year, the services -- Music Choice, DMX Music Inc. and Muzak -- and organizations representing sound recording copyright owners filed a petition with the Copyright Office seeking to amend the regulations regarding the reports.

According to the Copyright Office, "the proposed changes can be generally described as follows. First, to provide copyright owners with a more complete report of the use of their works, petitioners request that preexisting subscription services report the copyright notice (i.e., the 'P line') accompanying record albums or sound recordings, where it is available. Second, petitioners propose to extend the time allowed for filing reports of use to comply with current payment periods for preexisting subscription services.... Third, petitioners propose some technical amendments that, in their view, clarify that the requirements of Sec. 270.2 apply only to preexisting subscription services."

The Copyright Office Web site provides additional information for those who wish to comment.