16 November 1998
Source: http://www.access.gpo.gov/su_docs/aces/aaces002.html

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[Federal Register: November 16, 1998 (Volume 63, Number 220)]
[Notices]
[Page 63749-63750]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16no98-111]

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LIBRARY OF CONGRESS

Copyright Office
[Docket No. 98-12]


Promotion of Distance Education Through Digital Technologies

AGENCY: Copyright Office, Library of Congress.

ACTION: Notice of request for information.

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SUMMARY: As required by section 403 of the Digital Millenium Copyright
Act, enacted October 28, 1998, the Copyright Office is initiating its
study of the promotion of distance education through digital
technologies, for the purpose of making recommendations to the
Congress. Presently, the Copyright Office is establishing parameters
for its study of the issues. Through this preliminary notice, the
Office seeks to identify all interested parties and determine what
matters those parties deem relevant and important. The Office
anticipates the possibility of consultations and public meetings, as
well as the submission of formal statements. At this time, the
Copyright Office is soliciting only the identification of any and all
potentially interested parties and an identification of the issues with
which they may be concerned.

DATE: Written submissions are due by December 7, 1998.

ADDRESSES: If sent by mail, an original and five copies of written
submissions should be addressed to Shira Perlmutter, Associate Register
for Policy and International Affairs, Copyright GC/I&R, P.O. Box 70400,
Southwest Station, Washington, D.C. 20024. If hand delivered, an
original and five copies of written submissions should be brought to
the Office of Policy and International Affairs, Office of the Register,
James Madison Memorial Building, Room LM-403, 101 Independence Avenue,
S.E., Washington, D.C. 20559-6000.

FOR FURTHER INFORMATION CONTACT:
Shira Perlmutter, Associate Register for Policy and International
Affairs, or Sayuri Rajapakse, Attorney-Advisor, Office of Policy and
International Affairs. Telephone (202) 707-8350. Fax: (202) 707-8366.

SUPPLEMENTARY INFORMATION:

Background

    In April 1998, Senator Orrin G. Hatch, Chairman of the Senate
Committee on the Judiciary, with Senators Patrick J. Leahy and John
Ashcroft, sent a letter to the Register of Copyrights requesting the
Copyright Office to facilitate a series of discussions to be held on
the subject of an exemption for digital distance education to be
included in the Digital Millenium Copyright Act of 1998 (``DMCA'').
Senators Hatch, Leahy and Ashcroft further requested the Copyright
Office to report its findings to the Committee, and to develop policy
options and legislative recommendations.
    On April 27-28, 1998, the Register of Copyrights and her staff held
intensive discussions with certain interested parties, including
representatives of copyright owners, nonprofit educational
institutions, and nonprofit libraries and archives. Through the process
of negotiation it was possible to identify some areas of potential
agreement among the parties. It also became clear,

[[Page 63750]]

however, that many complex and interrelated issues were involved. All
of these issues could not be given appropriate consideration in the
time available. On April 29, 1998, at the conclusion of the
discussions, the Copyright Office submitted its recommendations to
Senators Hatch, Leahy and Ashcroft in the form of statutory language
for a narrow amendment to 17 U.S.C. 110(2), and a proposal for a study
of the issues involved in interactive digital distance education.
Rather than amending section 110(2) in the DMCA, the Senate mandated a
broad study of the overall subject by the Copyright Office. Such a
study was also incorporated into the version of the bill passed by the
House.
    On October 28, 1998, H.R. 2281, the Digital Millenium Copyright
Act, was enacted into law. Section 403 requires that the Copyright
Office consult with representatives of copyright owners, nonprofit
educational institutions, and nonprofit libraries and archives, and
thereafter to submit to Congress recommendations on how to promote
distance education through digital technologies, including interactive
digital networks, while maintaining an appropriate balance between the
rights of copyright owners and the interests of users. Such
recommendations may include legislative changes.
    The Register of Copyrights has been instructed to consider:
    (1) The need for an exemption from exclusive rights of copyright
owners for distance education through digital networks;
    (2) The categories of works to be included under any distance
education exemption;
    (3) The extent of appropriate quantitiative limitations on the
portions of work that may be used under any distance education
exemption;
    (4) The parties who should be entitled to the benefits of any
distance education exemption;
    (5) The parties who should be designated as eligible recipients of
distance education materials under any distance education exemption;
    (6) Whether and what types of technological measures can or should
be employed to safeguard against unauthorized access to, and use or
retention of, copyrighted materials as a condition of eligibility for
any distance education exemption, including, in light of developing
technological capabilities, the exemption set out in section 110(2) of
title 17, United States Code;
    (7) The extent to which the availability of licenses for the
copyrighted works in distance education through interactive digital
networks should be considered in assessing eligibility for any distance
education exemption; and
    (8) Such other issues relating to distance education through
interactive digital networks that the Register considers appropriate.

Request for Information

    The Copyright Office is initiating its study of the issues related
to the promotion of distance education through digital technologies. In
order to assist in planning and establishing paramenters for the study,
the Office is hereby seeking identification of any potentially
interested parties and the issues with which they may be concerned.
After this preliminary information is gathered, the Office will
determine what additional activities are helpful and appropriate. Such
additional activities may include consultations and public meetings, as
well as the submission of formal statements.
    Written submissions will be accepted from all interested parties.
While there is no prescribe format for these initial informational
statements, any written submission should include the interested
party's name, title, organization, mailing address, telephone number,
facsimile number, and e-mail address, if available, and a list and
short description of any issues that he or she considers relevant and
important.
Marybeth Peters,
Register of Copyrights.
[FR Doc. 98-30563 Filed 11-13-98; 8:45 am]
BILLING CODE 1410-30-M
