[Federal Register: October 30, 2006 (Volume 71, Number 209)]
[Rules and Regulations]
[Page 63247]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30oc06-12]
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LIBRARY OF CONGRESS
Copyright Office
37 CFR Part 201
[Docket No. RM 2005-11]
Exemption to Prohibition on Circumvention of Copyright Protection
Systems for Access Control Technologies
AGENCY: Copyright Office, Library of Congress.
ACTION: Interim Rule.
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SUMMARY: The Librarian of Congress is extending, on an interim basis,
the existing classes of works with respect to which the prohibition
against circumvention of technological measures that effectively
control access to copyrighted works shall not apply to persons who
engage in noninfringing uses.
DATES: Effective Date: October 28, 2006.
FOR FURTHER INFORMATION CONTACT: David Carson, General Counsel,
Copyright Office, GC/I&R, P.O. Box 70400, Southwest Station,
Washington, DC 20024. Telephone: (202) 707-8380. Telefax: (202) 707-
8366.
SUPPLEMENTARY INFORMATION: Section 1201(a)(1) of the copyright law
prohibits the circumvention of technological measures that control
access to works protected by copyright. It also provides that every
three years, the Register of Copyrights is to conduct a rulemaking
proceeding to determine whether users of particular classes of
copyrighted works are, or in the next three years are likely to be,
adversely affected by that prohibition in their ability to make
noninfringing uses of copyrighted works. That determination is made by
the Librarian of Congress upon the recommendation of the Register of
Copyrights. Section 1201(a)(1)(D) provides that ``The Librarian shall
publish any class of copyrighted works for which the Librarian has
determined, pursuant to the rulemaking conducted under subparagraph
(C), that noninfringing uses by persons who are users of a copyrighted
work are, or are likely to be, adversely affected, and the prohibition
contained in subparagraph (A) shall not apply to such users with
respect to such class of works for the ensuing 3-year period.''
The Register of Copyrights is conducting the third of these
triennial rulemaking proceedings and is in the final stages of making
her recommendation to the Librarian of Congress. The rulemaking
conducted in 2003 identified four classes of works to be subject to
exemption from the prohibition on circumvention for the period
beginning October 28, 2003, and ending October 27, 2006. Because the
Register will not be able to present her recommendation to the
Librarian of Congress before October 27, it is necessary to extend the
effective dates of the existing regulation identifying those classes of
works until the time that the Librarian acts upon the recommendation of
the Register. It is anticipated that this extension will be in effect
for no more than a few weeks.
Accordingly, the Register of Copyrights recommends to the Librarian
of Congress that the existing regulation, codified at 37 CFR 201.40(b),
be amended on an interim basis to strike the reference to the October
27, 2006, termination date for the list of classes of works identified
in the regulation.
Dated: October 25, 2006
Marybeth Peters
Register of Copyrights
The Librarian of Congress accepts the recommendation of the
Register of Copyrights and adopts the following interim rule.
List of Subjects in 37 CFR Part 201
Cable television, Copyright, Exemptions to prohibition against
circumvention, Literary works, Recordings, Satellites.
Interim Regulation
0
For the reasons set forth in the preamble, 37 CFR part 201 is amended
as follows:
PART 201--GENERAL PROVISIONS
0
1. The authority citation for part 201 continues to read as follows:
Authority: 17 U.S.C. 702.
Sec. 201.40 [Amended]
0
2. Section 201.40(b) introductory text is amended by removing ``from
October 28, 2003, through October 27, 2006,'' and adding in its place
``commencing October 28, 2003,''.
Dated: October 25, 2006.
James H. Billington,
Librarian of Congress.
[FR Doc. E6-18239 Filed 10-27-06; 8:45 am]
BILLING CODE 1410-30-S