[Federal Register Volume 74, Number 206 (Tuesday, October 27, 2009)]
[Rules and Regulations]
[Pages 55138-55139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-25850]
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LIBRARY OF CONGRESS
Copyright Office
37 CFR Part 201
[Docket No. RM 2008-08]
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, 2009.
FOR FURTHER INFORMATION CONTACT: David Carson, General Counsel,
Copyright Office, GC/I&R, P.O. Box 70400, 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
[[Page 55139]]
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 fourth of these
triennial rulemaking proceedings and is in the final stages of making
her recommendation to the Librarian of Congress. The rulemaking
conducted in 2006 identified six classes of works to be subject to
exemption from the prohibition on circumvention for the period
beginning November 27, 2006, and ending October 27, 2009. 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, 2009, termination date for the list of classes of works identified
in the regulation.
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.
Dated: October 20, 2009.
Marybeth Peters,
Register of Copyrights.
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
November 27, 2006, through October 27, 2009,'' and adding in its place
``commencing November 27, 2006.''
Dated: October 22, 2009.
James H. Billington,
Librarian of Congress.
[FR Doc. E9-25850 Filed 10-26-09; 8:45 am]
BILLING CODE 1410-30-P