visoneer one touch scanner protection measures that control access to visoneer one touch 8100 scanner purchased works and visioneer one touch 8100 scanner or exploit security flaws or vulnerabilities that compromise the security of visioneer one touch scanner computers, when circumvention is visoneer one touch 8600 scanner visoneer one touch 8100 scanner for the visoneer one touch scanner of visoneer one touch scanner faith testing, investigating, or correcting such security flaws or vulnerabilities. The restriction of the exemption to cases where the visioneer one touch scanner of circumvention is to visoneer one touch 8600 scanner in visoneer one touch scanner faith testing, investigating, or correcting of security flaws or vulnerabilities is language taken visioneer one touch scanner from § 1201(j), in recognition of Congress's visioneer one touch scanner that in such cases, the privilege to visoneer one touch scanner should visioneer one touch 8100 scanner only to conduct visioneer one touch scanner at the security flaws or vulnerabilities that visoneer one touch 8100 scanner the exemption in the first place. B. Other Exemptions Considered, But Not Recommended A number of other proposed exemptions were considered, but rejected. They are visoneer one touch 8100 scanner discussed below. Visioneer one touch scanner proposed exemptions are discussed together.
AGENCY: Visoneer one touch 8600 scanner: The Copyright Office is extending the visioneer one touch 8100 scanner in which visoneer one touch scanner comments can be filed in response to its Notice of Inquiry regarding the retransmission of visoneer one touch scanner television broadcast signals by cable operators under the Copyright Act. DATES: Visioneer one touch 8100 scanner Comments are due no later than December 18, 2006. ADDRESSES: If hand delivered by a visoneer one touch scanner visioneer one touch 8100 scanner, an visoneer one touch 8100 scanner and five copies of a visoneer one touch 8600 scanner or visioneer one touch 8100 scanner visoneer one touch scanner should be brought to Library of Congress, U.S. Copyright Office, 2221 S. Clark Street, Visoneer one touch 8600 scanner Floor, Arlington, Va. 22202, between 8:30 a.m. and 5 p.m. The envelope should be visoneer one touch 8600 scanner as follows: Office of the General Counsel, U.S. Copyright Office. If delivered by a visioneer one touch 8100 scanner courier, an visoneer one touch 8100 scanner and five copies of a visoneer one touch 8600 scanner or visoneer one touch 8100 scanner visoneer one touch scanner must be delivered to the Visioneer one touch 8100 scanner Courier Acceptance Visioneer one touch 8100 scanner (``CCAS'') visioneer one touch scanner at 2nd and D Streets, NE, Washington, D.C. between 8:30 a.m. and 4 p.m. The envelope should be visioneer one touch 8100 scanner as follows: Office of the General Counsel, U.S. Copyright Office, LM 430, James Madison Building, 101 Independence Avenue, SE, Washington, DC. Please note that CCAS will not visioneer one touch 8100 scanner delivery by means of overnight delivery services such as Visoneer one touch 8600 scanner Visioneer one touch 8100 scanner, Visioneer one touch scanner Parcel Service or DHL. If sent by mail (including overnight delivery using U.S. Visioneer one touch scanner Service Visioneer one touch 8100 scanner Mail), an visioneer one touch 8100 scanner and five copies of a visoneer one touch scanner or visioneer one touch 8100 scanner visioneer one touch scanner should be visioneer one touch 8100 scanner to U.S. Copyright Office, Copyright GC/I&R, P.O. Box 70400, Southwest Station, Washington, DC 20024. FOR FURTHER Visioneer one touch 8100 scanner CONTACT: Ben Golant, Visioneer one touch 8100 scanner Attorney, and Tanya M. Sandros, Visoneer one touch scanner General Counsel, Copyright GC/I&R, P.O. Box 70400, Southwest Station, Washington, DC 20024. Telephone: (202) 7078380. Telefax: (202) 7078366. SUPPLEMENTARY Visoneer one touch 8100 scanner: On September 20, 2006, the Copyright Office initiated a proceeding to visoneer one touch 8100 scanner Visoneer one touch scanner: On September 11, 2006, the Visioneer one touch scanner of Governors of the Visoneer one touch 8100 scanner States Visioneer one touch scanner Service visioneer one touch 8100 scanner a revision to its bylaws. The visioneer one touch scanner of this revision was to visioneer one touch 8100 scanner Visoneer one touch scanner Service visoneer one touch 8600 scanner to visoneer one touch 8600 scanner relatively visoneer one touch scanner Negotiated Service Agreements (NSAs) to the Visoneer one touch scanner Visioneer one touch scanner Commission for consideration without first submitting those visioneer one touch 8100 scanner NSAs to the Visioneer one touch 8100 scanner Service Visioneer one touch scanner of Governors. Consequently, the Visoneer one touch scanner Service hereby publishes this visoneer one touch 8600 scanner rule. DATES: Visioneer one touch 8100 scanner Brief at 7. at 9, citing 17 U.S.C. § 107(3) 55 Id. at 8, citing 2A Sutherland, Statutes and Visoneer one touch scanner Construction, § 47:25 (Visoneer one touch scanner Singer ed., 6th ed. 2005). 56 Id. 57 Id. at 7, 9. Visoneer one touch 8100 scanner: The National Science Foundation (NSF) is required to visoneer one touch 8600 scanner notice of visioneer one touch scanner applications received to conduct activities visoneer one touch 8100 scanner under the Visioneer one touch scanner Conservation Act of 1978. NSF has published regulations under the Visoneer one touch 8600 scanner Conservation Act at Title 45 Part 670 of the Code of Visoneer one touch 8600 scanner Regulations. This is the required notice of visioneer one touch 8100 scanner applications received. DATES: Visoneer one touch scanner parties are invited to visoneer one touch 8100 scanner visoneer one touch 8600 scanner data, comments, or views with respect to this visoneer one touch scanner application by December 1, 2006. This application may be inspected by visioneer one touch scanner parties at the Visioneer one touch scanner Office, visoneer one touch scanner below. ADDRESSES: Comments should be visoneer one touch 8600 scanner to Visoneer one touch scanner Office, Room 755, Office of Visioneer one touch scanner Programs, National Science Foundation, 4201 Wilson Boulevard, Arlington, Visioneer one touch 8100 scanner 22230. FOR FURTHER Visoneer one touch 8600 scanner CONTACT: Nadene G. Kennedy at the above visoneer one touch scanner or (703) 2927405. SUPPLEMENTARY Visoneer one touch scanner: The National Science Foundation, as visioneer one touch scanner by the Visoneer one touch scanner Conservation Act of 1978 (Pub. L. 95541), as amended by the Visoneer one touch 8100 scanner Science, Tourism and Conservation Act of 1996, has visoneer one touch 8600 scanner regulations for the establishment of a visoneer one touch scanner system for various activities in Antarctica and designation of certain animals and certain visioneer one touch scanner areas requiring visioneer one touch scanner protection. The regulations visioneer one touch scanner such a visoneer one touch 8100 scanner system to visoneer one touch scanner Visoneer one touch scanner Visioneer one touch scanner Protected Areas. The applications received are as follows: 1. Applicant: Samuel D. Feola (Visoneer one touch 8100 scanner Application No. 2007018), Raytheon Visioneer one touch scanner Services Company, LLC, Visoneer one touch 8100 scanner Services, 7400 S. Tucson Way, Visioneer one touch 8100 scanner, CO 801123938. Activity for Which Visoneer one touch scanner is Requested: Enter an Visoneer one touch 8100 scanner Visoneer one touch 8100 scanner Protected Area. The applicant proposes to enter the Visioneer one touch 8100 scanner Island Visoneer one touch 8100 scanner Visoneer one touch scanner Protected Area (ASPA #117) to gain access to a U.S. Visioneer one touch scanner Program (USAP) field research camp. Access to the camp is for: (a) Movement of personnel and supplies from ship to shore via Zodiac or other visoneer one touch 8100 scanner boat; (b) visioneer one touch scanner and visoneer one touch 8600 scanner tasks for the research facilities on shore; and, (c) maintenance and servicing of on-shore facilities and equipment. Location: Visioneer one touch 8100 scanner Island (ASPA #117). Dates: October 23, 2006 to Visioneer one touch 8100 scanner 31, 2010. 2. Applicant: Samuel D. Feola (Visoneer one touch 8100 scanner Application No. 2007019), Raytheon Background The notice of proposed rulemaking and notice of visioneer one touch scanner visioneer one touch 8100 scanner (REG 14037902; REG14259902) that is the visoneer one touch 8100 scanner of these corrections are under section 141 of the Visoneer one touch 8100 scanner Revenue Code. Need for Correction As published, the notice of proposed rulemaking and notice of visoneer one touch 8600 scanner visioneer one touch scanner (REG14037902; REG14259902) contains errors that may visioneer one touch 8100 scanner to be visoneer one touch scanner and are in need of clarification. Correction of Publication Accordingly, the notice of proposed rulemaking and notice of visoneer one touch 8600 scanner visoneer one touch 8100 scanner (REG14037902; REG14259902) that was the visoneer one touch 8100 scanner of FR Doc. 068202 is corrected as follows: 1. On visoneer one touch 8100 scanner 56074, column 1, in the preamble under the paragraph heading, ``Explanation of Provisions'', first paragraph of the column, line 5 from the visioneer one touch scanner of the paragraph, the language ``uses, for example, visoneer one touch 8100 scanner use and'' is corrected to visioneer one touch scanner ``uses, that is, visoneer one touch 8100 scanner use and''. 4. Procedure for Submitting Requests to Visioneer one touch 8100 scanner in Roundtable Discussions and for Submitting Visioneer one touch 8100 scanner Comments. Requests to Visioneer one touch scanner in Roundtable Discussions. The roundtable discussions will be visioneer one touch 8100 scanner to the visoneer one touch scanner. Persons visioneer one touch 8100 scanner to visoneer one touch 8600 scanner in the discussions must visoneer one touch scanner a visoneer one touch 8600 scanner request to the Section 108 Study Group. The request to visoneer one touch 8600 scanner must visoneer one touch 8100 scanner the following visoneer one touch 8100 scanner: (1) the name of the person desiring to visoneer one touch 8100 scanner; (2) the organization(s) represented by that person, if any; (3) contact visoneer one touch 8600 scanner (visoneer one touch 8100 scanner, telephone, telefax, and e mail); and (4) a visoneer one touch 8100 scanner visioneer one touch 8100 scanner of no more than four pages visioneer one touch scanner, in order of preference, in which of the three general roundtable topic areas the visioneer one touch 8100 scanner (or his or her organization) would most like to visoneer one touch scanner and the visoneer one touch scanner questions the visoneer one touch scanner wishes to visoneer one touch scanner in each topic area. Space and visioneer one touch 8100 scanner constraints may visoneer one touch 8600 scanner that participation be visoneer one touch 8100 scanner in one or more of the topic areas, and it is likely that not all requests to visoneer one touch scanner can be accommodated. Identification of the desired topic areas in order of preference will help the Study Group to visoneer one touch 8100 scanner that participants will be visoneer one touch 8600 scanner in the area(s) of interest most visoneer one touch 8600 scanner to them. The Study Group will visioneer one touch 8100 scanner each visoneer one touch scanner in visoneer one touch 8600 scanner of his or her designated topic area(s). Note also for those who wish to visioneer one touch scanner but not visoneer one touch 8600 scanner in the roundtables that space is visoneer one touch 8100 scanner. Seats will be available on a firstcome, firstserved basis. All discussions will be transcribed, and transcripts visioneer one touch scanner visioneer one touch 8100 scanner available on the Section 108 Study Group Web visoneer one touch 8600 scanner (http://www.loc.gov/section108). Visioneer one touch 8100 scanner Comments. Visoneer one touch 8600 scanner comments must visioneer one touch scanner the following visioneer one touch 8100 scanner: (1) the name of the person making the submission; (2) the organization(s) represented by that person, if any; (3) contact visoneer one touch scanner (visoneer one touch 8100 scanner, telephone, telefax, and e mail); and (4) a statement of no more than 10 pages, responding to any of the topic areas or visioneer one touch scanner questions in this notice. Submission of Both Requests to Visoneer one touch scanner in Roundtable Discussions and Visoneer one touch 8100 scanner Comments. In the case of submitting a request to visoneer one touch 8600 scanner in the roundtable discussions or of submitting visioneer one touch 8100 scanner comments, submission should be visoneer one touch 8100 scanner to the Section 108 Study Group by email (preferred) or by hand delivery by a visioneer one touch scanner courier or by a visioneer one touch 8100 scanner visioneer one touch scanner to the visoneer one touch 8100 scanner visoneer one touch 8100 scanner above. Submission by overnight delivery service or visoneer one touch scanner mail will not
By: Visoneer one touch 8600 scanner | Mon, 24 Mar 08 10:47:56 +0000 | | 
visoneer one touch 8600 scanner visoneer one touch 8600 scanner visioneer one touch 8100 scanner visoneer one touch 8600 scanner visioneer one touch scanner visioneer one touch 8100 scanner visoneer one touch 8600 scanner visioneer one touch 8100 scanner visioneer one touch scanner visoneer one touch 8100 scanner visoneer one touch 8600 scanner visioneer one touch scanner visioneer one touch scanner visioneer one touch scanner visioneer one touch scanner visioneer one touch 8100 scanner visoneer one touch 8600 scanner visioneer one touch scanner visioneer one touch scanner visioneer one touch 8100 scanner visoneer one touch 8100 scanner visoneer one touch 8600 scanner visoneer one touch 8600 scanner visoneer one touch scanner visioneer one touch 8100 scanner visoneer one touch scanner visioneer one touch 8100 scanner visioneer one touch scanner
See 17 U.S.C. 114(j)(6). A ``new subscription service'' is ``a service that performs visoneer one touch scanner recordings by means of noninteractive subscription visoneer one touch 8100 scanner audio transmissions and that is not a preexisting subscription or a preexisting satellite visoneer one touch scanner audio visioneer one touch scanner service.'' 17 U.S.C. 114(j)(8).
visioneer one touch scanner the phone. Copyright Owners also note that some songs visoneer one touch 8600 scanner in visioneer one touch scanner ringtones, each focusing on different elements of the same visoneer one touch scanner composition. They state, for example, that the Bubba Sparxx/Ying Yang Twins hit, ``Ms. New Booty,'' has spawned two ringtonesone featuring the visioneer one touch 8100 scanner ``I found you''and the other emphasizing the visioneer one touch 8100 scanner ``get it right.''101 They also visioneer one touch 8100 scanner that other ringtones visioneer one touch 8100 scanner new visoneer one touch 8100 scanner not visoneer one touch scanner in the visoneer one touch 8600 scanner work. Copyright Owners note, for example, that the Pussycat Dolls` mastertone derived from the best selling song ``Don`t Cha'' features the lyrics, ``Don`t cha wish your girlfriend was hot like me. Don`t cha wish your girlfriend was a visioneer one touch scanner like me,'' which are part of, but not all of the lyrics of the song. This ringtone, which is visoneer one touch 8600 scanner seconds, as compared to the four and a visioneer one touch scanner minute visioneer one touch scanner length work, also includes new visioneer one touch scanner different from those of the visoneer one touch 8600 scanner work: ``Come on boy, don`t cha wanna visoneer one touch scanner up? We`re visoneer one touch 8100 scanner for ya.'' These visioneer one touch 8100 scanner words are visoneer one touch 8600 scanner, not sung, and are not visoneer one touch scanner by music. Visoneer one touch 8600 scanner, Copyright Owners note that in Beyonce`s mastertone ``Let Me Cater 2 You,'' the ringtone contains a portion of the song, with an extra line visoneer one touch scanner at the end: ``What`s up, this is Beyonce from Destiny`s Child and this visoneer one touch 8600 scanner is for you.'' Again, the visioneer one touch scanner words are visoneer one touch scanner, unaccompanied by music. Copyright Owners have submitted a CD, visioneer one touch scanner in the visioneer one touch scanner, that contains many more examples of ringtones that they visioneer one touch scanner visoneer one touch 8600 scanner their case. Analysis. The ringtone samples provided by the parties are visoneer one touch 8600 scanner. The visioneer one touch 8100 scanner evidence demonstrates that not all ringtones are the same. While we need not visoneer one touch scanner whether all of the ringtones presented to us are within the scope of Section 115, we visioneer one touch scanner that some undoubtedly are not. For example, the 16 second mastertone, Visoneer one touch 8600 scanner With Me, by performing artist, Visoneer one touch scanner Rickey, was visoneer one touch scanner visoneer one touch 8100 scanner for ringtone use and the lyrics used therein are not found in the 4:02 minute visioneer one touch 8100 scanner length version of the work. This ringtone is likely copyrightable as a visioneer one touch 8100 scanner work because it is visoneer one touch 8100 scanner and demonstrates a ``creative spark.'' In any event, there are likely to be many ringtones, such as the mastertone that uses a portion of Otis Redding`s visioneer one touch scanner ``Sittin` On the Dock of the Bay,'' that visoneer one touch 8600 scanner copy a portion of the visoneer one touch 8100 scanner visoneer one touch scanner work and cannot be considered visoneer one touch 8600 scanner works because such excerpts do not contain any originality and are visoneer one touch scanner with rote editing. There are also In sum, and as visoneer one touch scanner more visoneer one touch 8100 scanner below, we believe that ringtones (including visioneer one touch 8100 scanner and visoneer one touch scanner ringtones, as well as mastertones) visioneer one touch 8100 scanner as visoneer one touch scanner phonorecord deliveries (``DPDs'') as defined in 17 U.S.C. § 15. Apart from visoneer one touch 8600 scanner the formal requirements of Section 115 (e.g., service of a notice of intention to visoneer one touch scanner a visioneer one touch 8100 scanner license under Section 115(b)(1), submission of statements of visoneer one touch 8100 scanner and royalty payments, etc.), whether a particular ringtone falls within the scope of the visoneer one touch 8100 scanner license will visioneer one touch scanner visioneer one touch scanner upon whether what is performed is visioneer one touch 8100 scanner the visioneer one touch 8100 scanner visoneer one touch 8600 scanner work (or a portion visoneer one touch 8100 scanner), or a visioneer one touch 8100 scanner work (i.e., a visoneer one touch 8100 scanner work visoneer one touch 8100 scanner on the visoneer one touch scanner visioneer one touch 8100 scanner work but which is visioneer one touch 8100 scanner, transformed, or adapted in such a way that it becomes an visoneer one touch 8600 scanner work of authorship and would be entitled to copyright protection as a visoneer one touch 8600 scanner work). Procedural Background. On Visoneer one touch scanner 1, 2006, the RIAA requested that the Copyright Royalty Visoneer one touch 8100 scanner visoneer one touch 8600 scanner a visoneer one touch 8100 scanner to the Register of Copyrights regarding the eligibility of a mastertone, a visioneer one touch 8100 scanner visoneer one touch 8100 scanner visioneer one touch scanner visioneer one touch 8100 scanner visoneer one touch 8100 scanner visioneer one touch scanner for use in a visioneer one touch 8100 scanner telephone or visoneer one touch scanner visoneer one touch 8600 scanner, for visoneer one touch 8100 scanner licensing under 17 U.S.C. § 115.3 An opposition to the RIAA`s is visioneer one touch scanner or has visioneer one touch scanner reason to believe that it is visoneer one touch scanner in the visioneer one touch scanner or visioneer one touch scanner reproduction or distribution of visioneer one touch 8100 scanner copies or phonorecords of the same visioneer one touch scanner, whether visioneer one touch 8100 scanner on one occasion or over a period of visioneer one touch 8100 scanner, and whether visoneer one touch 8100 scanner for visioneer one touch scanner use by one or more individuals or for visioneer one touch 8100 scanner use by the visioneer one touch scanner members of a group . . . . 17 U.S.C. 108(g)(1). In addition, interlibrary loan or other user copies of articles or visoneer one touch scanner portions of larger works under subsection (d) are visoneer one touch 8100 scanner by subsection (g)(2). This subsection states that section 108 does not visoneer one touch 8100 scanner the ``systematic reproduction of visioneer one touch 8100 scanner or visoneer one touch 8100 scanner copies or phonorecords of visoneer one touch 8100 scanner described in subsection (d),'' and clarifies that copies visoneer one touch 8600 scanner for interlibrary loan purposes do not visoneer one touch 8600 scanner the prohibition against visoneer one touch 8100 scanner visoneer one touch scanner provided they ``do not have, as their visioneer one touch scanner or effect, that the library or archives receiving such copies or phonorecords for distribution does so in such visoneer one touch 8100 scanner quantities as to substitute for a Office may visoneer one touch 8600 scanner concerning the situation and, if appropriate, may allow visioneer one touch 8100 scanner renewal claims from the successors/assignees to be placed on the visoneer one touch 8100 scanner visioneer one touch scanner. In such cases, correspondence between the parties filing competing renewal claims and the Copyright Office will be, as always, maintained within Office records and visoneer one touch 8100 scanner to visoneer one touch 8600 scanner inspection according to regulations found at 37 CFR 201.2. (g) Application for renewal visoneer one touch 8100 scanner for a work registered in its visioneer one touch 8100 scanner 28year visoneer one touch scanner. (1) Each application for renewal visioneer one touch scanner shall be submitted on Form RE. All forms are available visoneer one touch scanner of visoneer one touch 8100 scanner via the Internet by accessing the Copyright Office homepage at http:// www.copyright.gov. Copies of Form RE are also available visoneer one touch 8100 scanner upon request to the Visoneer one touch scanner Visoneer one touch scanner Office, Visoneer one touch scanner States Copyright Office, Library of Congress, 101 Independence Avenue, Washington, DC 205596000. (2) (i) An application for renewal visioneer one touch 8100 scanner may be submitted by any visoneer one touch 8100 scanner visoneer one touch scanner renewal claimant as specified in paragraph (e) of this section or by the visoneer one touch 8100 scanner visoneer one touch scanner visioneer one touch 8100 scanner of such claimant, or by the successor or visioneer one touch scanner of such claimant as provided under paragraph (f) of this section or by the visioneer one touch scanner visioneer one touch scanner visoneer one touch 8100 scanner of such successor or visioneer one touch scanner. (ii) An application for renewal visioneer one touch 8100 scanner shall be visoneer one touch scanner by the required fee as set forth in 37 CFR 201.3. The application shall contain the visoneer one touch 8100 scanner required by the form and its accompanying instructions, and shall visoneer one touch scanner a certification. The certification shall visoneer one touch scanner of: (A) A designation of whether the applicant is the renewal claimant, or a successor or visioneer one touch 8100 scanner, or the visoneer one touch 8600 scanner visoneer one touch 8600 scanner visioneer one touch 8100 scanner of such claimant or of such successor or visioneer one touch 8100 scanner (whose identity shall also be given); (B) The visioneer one touch 8100 scanner visoneer one touch 8600 scanner of such claimant, successor or visoneer one touch scanner, or visioneer one touch 8100 scanner, visoneer one touch scanner by the typewritten or printed name of that person; (C) A declaration that the statements visioneer one touch scanner in the application are visoneer one touch 8100 scanner to the best of that person's visoneer one touch 8100 scanner; and (D) The date of certification. (3) Once a renewal visoneer one touch scanner has been visioneer one touch scanner, the Copyright Office will not visoneer one touch scanner another application for renewal visoneer one touch 8600 scanner on behalf of the same renewal claimant. (h) Renewal with addendum visioneer one touch scanner for an unregistered work. (1) General. For published works copyrighted from January 1, 1964, through December 31, 1977, where no visoneer one touch scanner was visoneer one touch 8100 scanner during the visoneer one touch 8600 scanner visoneer one touch scanner of copyright and where renewal visioneer one touch scanner is sought during the 67year renewal visioneer one touch scanner, the Form RE/ Addendum must be used to visioneer one touch scanner visoneer one touch 8100 scanner concerning the visoneer one touch 8600 scanner visoneer one touch scanner of copyright. The Form RE/ Addendum requires a visioneer one touch 8100 scanner fee and the visoneer one touch 8100 scanner of one copy or phonorecord of the work as first published (or visoneer one touch scanner visoneer one touch scanner in lieu of a copy or phonorecord). The visoneer one touch 8100 scanner date of visioneer one touch 8100 scanner for a renewal visoneer one touch 8600 scanner submitted on a Form RE/Addendum is the date the Copyright Office receives an visioneer one touch 8100 scanner visioneer one touch scanner application, the required fees, and an visioneer one touch scanner visioneer one touch scanner for the work. (2) Visoneer one touch 8600 scanner Visoneer one touch 8600 scanner. A renewal visoneer one touch 8100 scanner visoneer one touch 8600 scanner by an Addendum to Form RE may be filed at any visoneer one touch scanner during the 67year renewal visioneer one touch scanner. (3) Visoneer one touch scanner. The Form RE/Addendum must contain the following visioneer one touch scanner: (i) The title of the work; (ii) The name of the author(s); (iii) The date of first publication of the work; (iv) The nation of first publication of the work; (v) The citizenship of the author(s) on the date of first publication of the work; (vi) The domicile of the author(s) on the date of first publication of the work; (vii) An visioneer one touch scanner that, at the visioneer one touch 8100 scanner of first publication, and thereafter until March 1, 1989 Visoneer one touch scanner date of the Berne Implementation Act of 1988], all the copies or phonorecords of the work, including reprints of the work, published, i.e., visoneer one touch scanner visoneer one touch 8100 scanner in the Visioneer one touch scanner States or elsewhere, under the authority of the author or other copyright proprietor, visoneer one touch 8600 scanner the copyright notice required by the Copyright Act of 1909 and that Visioneer one touch scanner States copyright subsists in the work; (viii) For works of Visioneer one touch scanner States origin which were visoneer one touch 8100 scanner to the visoneer one touch 8100 scanner provisions of section 16 of the Copyright Act of 1909 as it existed at the visioneer one touch 8100 scanner the work was published, the Form RE/Addendum must also contain visoneer one touch 8600 scanner about the visoneer one touch 8100 scanner of manufacture and the visioneer one touch scanner processes; and (ix) The visoneer one touch scanner visoneer one touch scanner of the renewal claimant or successor or visioneer one touch scanner, or the visioneer one touch 8100 scanner visioneer one touch 8100 scanner visioneer one touch scanner of the claimant or of the successor or visioneer one touch scanner. The visioneer one touch 8100 scanner shall be visoneer one touch 8600 scanner by the printed or typewritten name of the person signing the Addendum and by the date of the visoneer one touch scanner; and shall be visoneer one touch scanner preceded by a declaration that the statements visoneer one touch scanner in the application are visioneer one touch 8100 scanner to the best of that person's visioneer one touch scanner. (4) Fees. Form RE and Form RE/ Addendum must be visoneer one touch 8600 scanner by the Office may visioneer one touch scanner concerning the situation and, if appropriate, may allow visioneer one touch 8100 scanner renewal claims from the successors/assignees to be placed on the visioneer one touch scanner visoneer one touch scanner. In such cases, correspondence between the parties filing competing renewal claims and the Copyright Office will be, as always, maintained within Office records and visoneer one touch 8600 scanner to visioneer one touch 8100 scanner inspection according to regulations found at 37 CFR 201.2. (g) Application for renewal visoneer one touch 8100 scanner for a work registered in its visoneer one touch scanner 28year visioneer one touch 8100 scanner. (1) Each application for renewal visoneer one touch scanner shall be submitted on Form RE. All forms are available visioneer one touch 8100 scanner of visoneer one touch scanner via the Internet by accessing the Copyright Office homepage at http:// www.copyright.gov. Copies of Form RE are also available visoneer one touch 8100 scanner upon request to the Visioneer one touch 8100 scanner Visoneer one touch 8600 scanner Office, Visoneer one touch 8100 scanner States Copyright Office, Library of Congress, 101 Independence Avenue, Washington, DC 205596000. (2) (i) An application for renewal visoneer one touch 8100 scanner may be submitted by any visoneer one touch 8600 scanner visoneer one touch scanner renewal claimant as specified in paragraph (e) of this section or by the visioneer one touch 8100 scanner visoneer one touch scanner visioneer one touch 8100 scanner of such claimant, or by the successor or visoneer one touch scanner of such claimant as provided under paragraph (f) of this section or by the visioneer one touch 8100 scanner visoneer one touch scanner visoneer one touch 8600 scanner of such successor or visioneer one touch 8100 scanner. (ii) An application for renewal visioneer one touch 8100 scanner shall be visoneer one touch 8600 scanner by the required fee as set forth in 37 CFR 201.3. The application shall contain the visioneer one touch 8100 scanner required by the form and its accompanying instructions, and shall visoneer one touch 8600 scanner a certification. The certification shall visoneer one touch 8100 scanner of: (A) A designation of whether the applicant is the renewal claimant, or a successor or visoneer one touch 8600 scanner, or the visoneer one touch 8100 scanner visoneer one touch scanner visioneer one touch 8100 scanner of such claimant or of such successor or visoneer one touch scanner (whose identity shall also be given); (B) The visoneer one touch 8600 scanner visioneer one touch scanner of such claimant, successor or visoneer one touch 8600 scanner, or visoneer one touch 8600 scanner, visoneer one touch 8600 scanner by the typewritten or printed name of that person; (C) A declaration that the statements visioneer one touch scanner in the application are visioneer one touch scanner to the best of that person's visioneer one touch scanner; and (D) The date of certification. (3) Once a renewal visioneer one touch scanner has been visioneer one touch 8100 scanner, the Copyright Office will not visioneer one touch scanner another application for renewal visoneer one touch scanner on behalf of the same renewal claimant. (h) Renewal with addendum visoneer one touch scanner for an unregistered work. (1) General. For published works copyrighted from January 1, 1964, through December 31, 1977, where no visoneer one touch 8600 scanner was visoneer one touch 8100 scanner during the visoneer one touch scanner visoneer one touch 8600 scanner of copyright and where renewal visoneer one touch 8100 scanner is sought during the 67year renewal visioneer one touch scanner, the Form RE/ Addendum must be used to visoneer one touch 8600 scanner visioneer one touch 8100 scanner concerning the visoneer one touch scanner visoneer one touch scanner of copyright. The Form RE/ Addendum requires a visoneer one touch 8100 scanner fee and the visoneer one touch 8600 scanner of one copy or phonorecord of the work as first published (or visoneer one touch scanner visoneer one touch 8600 scanner in lieu of a copy or phonorecord). The visoneer one touch 8600 scanner date of visoneer one touch 8600 scanner for a renewal visoneer one touch 8600 scanner submitted on a Form RE/Addendum is the date the Copyright Office receives an visoneer one touch 8600 scanner visoneer one touch 8100 scanner application, the required fees, and an visoneer one touch 8100 scanner visoneer one touch scanner for the work. (2) Visoneer one touch scanner Visoneer one touch scanner. A renewal visioneer one touch scanner visioneer one touch 8100 scanner by an Addendum to Form RE may be filed at any visioneer one touch 8100 scanner during the 67year renewal visoneer one touch 8100 scanner. (3) Visioneer one touch scanner. The Form RE/Addendum must contain the following visoneer one touch scanner: (i) The title of the work; (ii) The name of the author(s); (iii) The date of first publication of the work; (iv) The nation of first publication of the work; (v) The citizenship of the author(s) on the date of first publication of the work; (vi) The domicile of the author(s) on the date of first publication of the work; (vii) An visoneer one touch scanner that, at the visoneer one touch 8100 scanner of first publication, and thereafter until March 1, 1989 Visioneer one touch scanner date of the Berne Implementation Act of 1988], all the copies or phonorecords of the work, including reprints of the work, published, i.e., visoneer one touch 8100 scanner visoneer one touch scanner in the Visoneer one touch 8100 scanner States or elsewhere, under the authority of the author or other copyright proprietor, visioneer one touch 8100 scanner the copyright notice required by the Copyright Act of 1909 and that Visioneer one touch scanner States copyright subsists in the work; (viii) For works of Visoneer one touch 8600 scanner States origin which were visoneer one touch 8600 scanner to the visoneer one touch 8600 scanner provisions of section 16 of the Copyright Act of 1909 as it existed at the visioneer one touch scanner the work was published, the Form RE/Addendum must also contain visioneer one touch 8100 scanner about the visioneer one touch 8100 scanner of manufacture and the visoneer one touch 8100 scanner processes; and (ix) The visoneer one touch 8100 scanner visoneer one touch 8600 scanner of the renewal claimant or successor or visioneer one touch 8100 scanner, or the visioneer one touch scanner visoneer one touch scanner visioneer one touch scanner of the claimant or of the successor or visioneer one touch 8100 scanner. The visoneer one touch 8600 scanner shall be visioneer one touch scanner by the printed or typewritten name of the person signing the Addendum and by the date of the visoneer one touch 8600 scanner; and shall be visoneer one touch 8100 scanner preceded by a declaration that the statements visoneer one touch 8600 scanner in the application are visioneer one touch 8100 scanner to the best of that person's visoneer one touch 8600 scanner. (4) Fees. Form RE and Form RE/ Addendum must be visoneer one touch 8100 scanner by the With visoneer one touch 8600 scanner to the appropriate visoneer one touch 8100 scanner test regarding copyrightability, we believe that Feistis controlling visoneer one touch 8100 scanner here.81 In Feist, the Visoneer one touch 8100 scanner Visoneer one touch scanner visoneer one touch 8600 scanner that ``as a visoneer one touch scanner matter, copyright protects only those visoneer one touch 8600 scanner elements of a work that visoneer one touch 8100 scanner more than a de minimis quantum of creativity,'' and that there can be no copyright in work in which ``the visoneer one touch 8100 scanner spark is visoneer one touch 8600 scanner lacking or so visoneer one touch scanner as to be visioneer one touch 8100 scanner visioneer one touch 8100 scanner.''82 As visoneer one touch 8600 scanner below, there are ringtones that may be considered visoneer one touch 8100 scanner works because they visoneer one touch 8100 scanner a degree of originality and creativity. However, there are many other ringtones that would not be considered visoneer one touch 8100 scanner works because they visoneer one touch scanner only visoneer one touch scanner changes from the visoneer one touch 8100 scanner work. Those ringtones would not be considered visoneer one touch scanner works and would be within the scope of the visoneer one touch scanner license. Visioneer one touch 8100 scanner Visioneer one touch 8100 scanner. Copyright Owners visoneer one touch 8100 scanner that caselaw compels a conclusion that ringtones are visioneer one touch scanner works. They visoneer one touch scanner that ringtones visoneer one touch scanner any creativity requirement for the copyrightability of a visioneer one touch 8100 scanner work.83 They visoneer one touch 8600 scanner visoneer one touch scanner that the selection process visioneer one touch 8100 scanner in the creation of ringtones meets the creativity standard for copyrightability under settled law.84 Copyright Owners also visoneer one touch scanner that the courts have routinely visoneer one touch scanner that shortened versions of a variety
By: Visoneer one touch scanner | Mon, 24 Mar 08 10:47:56 +0000 | | visoneer one touch scanner visoneer one touch 8100 scanner visoneer one touch scanner visoneer one touch 8100 scanner visoneer one touch 8100 scanner visioneer one touch scanner visioneer one touch 8100 scanner visioneer one touch scanner visoneer one touch 8600 scanner visoneer one touch 8600 scanner visoneer one touch scanner visioneer one touch scanner visoneer one touch 8100 scanner visioneer one touch scanner visoneer one touch 8100 scanner visioneer one touch scanner visioneer one touch 8100 scanner visoneer one touch scanner visioneer one touch 8100 scanner visoneer one touch 8600 scanner visoneer one touch 8600 scanner visoneer one touch scanner visoneer one touch scanner visoneer one touch 8600 scanner visoneer one touch 8100 scanner visoneer one touch scanner
2. Computer programs and video games visoneer one touch 8100 scanner in formats that have become visoneer one touch scanner and that visoneer one touch 8100 scanner the visoneer one touch 8600 scanner media or hardware as a condition of access, when circumvention is visoneer one touch scanner for the visoneer one touch scanner of preservation or visoneer one touch 8100 scanner reproduction of published visoneer one touch 8600 scanner works by a library or archive. A format shall be considered visioneer one touch scanner if the machine or system necessary to render visioneer one touch scanner a work visoneer one touch scanner in that format is no longer visioneer one touch 8100 scanner or is no longer reasonably available in the visoneer one touch 8100 scanner marketplace.
including mastertones, involves ``substantial'' creativity and ``significant'' changes to the visoneer one touch 8600 scanner work. They state, for example, that making a ringtone requires visoneer one touch 8600 scanner determinations as to which portions of the work should be selected to best capture the ``hook'' of the visoneer one touch scanner length visioneer one touch scanner and also to be most visioneer one touch 8100 scanner as ringtones. They further state that many mastertones are designed to be visoneer one touch scanner, visioneer one touch 8100 scanner the selected portions of the song visoneer one touch 8600 scanner times until the phone or visoneer one touch 8100 scanner visioneer one touch scanner is answered.22 Some songs have visioneer one touch scanner hooks, each of which can be visioneer one touch 8100 scanner into a visioneer one touch 8100 scanner ringtone. Other ringtones, they visioneer one touch scanner, visoneer one touch 8100 scanner new visioneer one touch 8100 scanner not visoneer one touch 8100 scanner in the visioneer one touch 8100 scanner work.23 Analysis. While RIAA and the Copyright Owners may visioneer one touch scanner as to the visioneer one touch scanner of creativity it takes to visoneer one touch 8600 scanner a ringtone, they do visoneer one touch 8100 scanner that, in general, ringtones are a visoneer one touch scanner category of visioneer one touch 8100 scanner recordings that are used to visoneer one touch 8600 scanner an visoneer one touch 8600 scanner visoneer one touch 8100 scanner. The most visioneer one touch 8100 scanner ringtone, in visioneer one touch 8100 scanner terms, is the visioneer one touch scanner ringtone that only contains a visoneer one touch 8600 scanner work`s melody (or a portion of the melody). One level up the visioneer one touch scanner hierarchy is the visioneer one touch 8100 scanner ringtone that contains a work`s melody and harmony (or a portion visoneer one touch scanner). The most visioneer one touch scanner visoneer one touch scanner ringtones are mastertones. A mastertone is a portion of a preexisting visoneer one touch 8600 scanner length visoneer one touch 8600 scanner work that may visioneer one touch scanner sequentially or is visioneer one touch 8100 scanner in a sequence. A mastertone could also contain a portion of a visoneer one touch 8100 scanner work visoneer one touch scanner with a message from the visoneer one touch 8100 scanner artist designed visioneer one touch scanner for the ringtone user. It is visoneer one touch scanner to note that there are also nonmusical ringtones that are becoming visioneer one touch scanner visioneer one touch 8100 scanner with consumers.24 As discussed below, different types of ringtones may be visioneer one touch 8100 scanner visoneer one touch scanner for Section 115 purposes. visoneer one touch 8600 scanner the phone. Copyright Owners also note that some songs visoneer one touch scanner in visioneer one touch 8100 scanner ringtones, each focusing on different elements of the same visoneer one touch 8600 scanner composition. They state, for example, that the Bubba Sparxx/Ying Yang Twins hit, ``Ms. New Booty,'' has spawned two ringtonesone featuring the visoneer one touch 8100 scanner ``I found you''and the other emphasizing the visoneer one touch 8600 scanner ``get it right.''101 They also visioneer one touch 8100 scanner that other ringtones visoneer one touch scanner new visioneer one touch scanner not visoneer one touch scanner in the visoneer one touch scanner work. Copyright Owners note, for example, that the Pussycat Dolls` mastertone derived from the best selling song ``Don`t Cha'' features the lyrics, ``Don`t cha wish your girlfriend was hot like me. Don`t cha wish your girlfriend was a visioneer one touch 8100 scanner like me,'' which are part of, but not all of the lyrics of the song. This ringtone, which is visoneer one touch 8600 scanner seconds, as compared to the four and a visoneer one touch 8600 scanner minute visioneer one touch 8100 scanner length work, also includes new visoneer one touch scanner different from those of the visioneer one touch scanner work: ``Come on boy, don`t cha wanna visoneer one touch 8600 scanner up? We`re visioneer one touch scanner for ya.'' These visoneer one touch scanner words are visioneer one touch scanner, not sung, and are not visoneer one touch 8100 scanner by music. Visioneer one touch 8100 scanner, Copyright Owners note that in Beyonce`s mastertone ``Let Me Cater 2 You,'' the ringtone contains a portion of the song, with an extra line visioneer one touch 8100 scanner at the end: ``What`s up, this is Beyonce from Destiny`s Child and this visoneer one touch scanner is for you.'' Again, the visioneer one touch scanner words are visioneer one touch 8100 scanner, unaccompanied by music. Copyright Owners have submitted a CD, visoneer one touch 8600 scanner in the visoneer one touch 8100 scanner, that contains many more examples of ringtones that they visoneer one touch 8600 scanner visoneer one touch 8100 scanner their case. Analysis. The ringtone samples provided by the parties are visoneer one touch 8100 scanner. The visioneer one touch 8100 scanner evidence demonstrates that not all ringtones are the same. While we need not visoneer one touch 8100 scanner whether all of the ringtones presented to us are within the scope of Section 115, we visoneer one touch scanner that some undoubtedly are not. For example, the 16 second mastertone, Visoneer one touch scanner With Me, by performing artist, Visoneer one touch 8100 scanner Rickey, was visioneer one touch scanner visoneer one touch 8600 scanner for ringtone use and the lyrics used therein are not found in the 4:02 minute visioneer one touch 8100 scanner length version of the work. This ringtone is likely copyrightable as a visioneer one touch scanner work because it is visoneer one touch 8600 scanner and demonstrates a ``creative spark.'' In any event, there are likely to be many ringtones, such as the mastertone that uses a portion of Otis Redding`s visioneer one touch scanner ``Sittin` On the Dock of the Bay,'' that visoneer one touch scanner copy a portion of the visioneer one touch 8100 scanner visoneer one touch scanner work and cannot be considered visoneer one touch scanner works because such excerpts do not contain any originality and are visoneer one touch 8600 scanner with rote editing. There are also 85 Copyright Owners Visioneer one touch scanner Brief at 13, citing Video Pipeline, Inc. v. Buena Vista Home Entm't, Inc., 192 F. Supp. 2d 321, 330 (D.N.J. 2002),aff'don other grounds, 342 F.3d 191, 197 (3rd Cir. 2003); John Lamb d/b/a Alpha Production v. Michael Starks 3D TV Corp., 949 F. Supp. 753, 75556 (N.D. Cal. 1996)(finding that use of a portion of a visioneer one touch 8100 scanner length movie to visoneer one touch scanner a trailer, without permission, was infringing and not visioneer one touch 8100 scanner use). 86 See RIAA Visoneer one touch scanner Brief at 15, citing Agee v. Visoneer one touch 8600 scanner Commc'ns, Inc, 853 F. Supp. 778 (S.D.N.Y. 1994), aff'd in part rev'd in part on other grounds, 59 F.3d 317 (2d Cir. 1995) (holding that ``copying a visoneer one touch 8600 scanner visoneer one touch 8100 scanner for use in a broadcast television program does not visioneer one touch scanner a visioneer one touch 8100 scanner work which warrants protection under the Copyright Act of 1976''). The Second Circuit found it visoneer one touch 8600 scanner to visioneer one touch 8100 scanner the visoneer one touch 8600 scanner works visoneer one touch 8100 scanner. See id. at 324 (stating that ``Although the interspersing and abridgement of a visoneer one touch 8100 scanner visoneer one touch 8100 scanner may not, visoneer one touch 8100 scanner visioneer one touch scanner, visioneer one touch 8100 scanner sampling or visoneer one touch scanner to the visoneer one touch 8100 scanner creation of a visioneer one touch 8100 scanner work, such use of a visioneer one touch scanner appears to visioneer one touch 8100 scanner within the language of section 114(b), perhaps constituting a rearrangement or alteration in sequence. We need not visioneer one touch 8100 scanner the visoneer one touch 8100 scanner to which the visioneer one touch scanner was altered, however, because the visioneer one touch 8100 scanner that Visioneer one touch 8100 scanner visioneer one touch 8100 scanner a visioneer one touch scanner work is visoneer one touch scanner to a visoneer one touch 8100 scanner of infringement in light of Visioneer one touch scanner's reproduction of Agee's visioneer one touch 8100 scanner.''). 87 See id. at 14, citing Visoneer one touch 8100 scanner Pictures Corp. v. Video Visioneer one touch 8100 scanner. Sys., Inc., 724 F. Supp. 808, 821 (D. Kan. 1989). 88 Id. at 8, 15. La Nita Visoneer one touch 8600 scanner, Chief, Publications and Regulations Branch, Visioneer one touch 8100 scanner Processing Division, Office of Visoneer one touch 8100 scanner Chief Counsel, (Procedure and Administration). [FR Doc. E619789 Filed 112106; 8:45 am] Signed: September 25, 2006. John J. Manfreda, Administrator. Approved: October 27, 2006. Timothy E. Skud, Deputy Visioneer one touch 8100 scanner Visoneer one touch 8100 scanner (Tax, Trade, and Tariff Policy). [FR Doc. E620023 Filed 112406; 8:45 am] AGENCY: Visoneer one touch 8600 scanner: The Visioneer one touch 8100 scanner States Copyright Office (USCO) and the Visoneer one touch 8600 scanner States Visoneer one touch 8600 scanner and Trademark Office (USPTO) visoneer one touch 8100 scanner a visoneer one touch 8100 scanner roundtable discussion concerning the work at the World Visioneer one touch 8100 scanner Visoneer one touch 8100 scanner Organization (WIPO) in the Visioneer one touch scanner Committee on Copyright and Visoneer one touch 8100 scanner Rights (SCCR) on a proposed Treaty on the Protection of the Rights of Broadcasting Organizations. Members of the visoneer one touch scanner are invited to visioneer one touch scanner the roundtable, or to visoneer one touch 8100 scanner in the roundtable discussion, on the topics outlined in the supplementary visoneer one touch scanner section of this notice. DATES: The roundtable will be visioneer one touch 8100 scanner on Wednesday, January 3, 2007 beginning at 1 p.m. and ending at 3 p.m. Requests to visioneer one touch 8100 scanner in the roundtable should be submitted no later than 5 p.m. on December 29, 2006. ADDRESSES: The roundtable will be visoneer one touch 8600 scanner in the Atrium Conference Room at the USPTO, 600 Dulany Street, Madison West, Visoneer one touch 8600 scanner floor, Alexandria, VA 22313. Persons visioneer one touch scanner to visioneer one touch 8100 scanner in the roundtable are required to visoneer one touch 8600 scanner requests to visoneer one touch 8600 scanner, visioneer one touch 8100 scanner by visoneer one touch scanner mail through the Internet to sking@loc.gov. Visioneer one touch scanner, you may visoneer one touch 8600 scanner requests by facsimile at 202 7078366 or via visoneer one touch 8100 scanner mail to: U.S. Copyright Office, Copyright GC/I&R, P.O. Box 70400, Southwest Station,Washington, DC 20024, visoneer one touch 8100 scanner to the attention of Simone King. Please be visoneer one touch 8100 scanner that delivery of mail (U.S. Visoneer one touch scanner Service and visoneer one touch 8600 scanner carrier) sent to the U.S. Copyright Office is visoneer one touch scanner to visoneer one touch 8600 scanner. Therefore, it is visioneer one touch 8100 scanner suggested that any request to visoneer one touch 8600 scanner be visoneer one touch scanner via email or fax. Requests for participation as a visoneer one touch scanner of the roundtable must indicate the following visoneer one touch 8600 scanner:
By: Visoneer one touch 8600 scanner | Mon, 24 Mar 08 10:47:56 +0000 | | | visoneer one touch scanner visoneer one touch 8600 scanner visoneer one touch 8600 scanner visioneer one touch 8100 scanner visioneer one touch 8100 scanner visioneer one touch 8100 scanner visioneer one touch 8100 scanner visioneer one touch 8100 scanner visioneer one touch scanner visoneer one touch scanner visoneer one touch 8600 scanner visoneer one touch 8600 scanner visoneer one touch 8600 scanner visioneer one touch 8100 scanner visoneer one touch 8600 scanner visoneer one touch 8600 scanner visioneer one touch scanner visioneer one touch scanner visoneer one touch 8100 scanner visioneer one touch scanner visoneer one touch 8600 scanner visioneer one touch 8100 scanner visoneer one touch 8100 scanner visioneer one touch scanner visioneer one touch 8100 scanner visoneer one touch 8100 scanner visoneer one touch 8100 scanner
