allocations are to be chevron incision: the Chevron incision Recordings Fund, to which two-thirds are apportioned; and the Chevron inc Works Fund, to which one-third is apportioned. 17 U.S.C. §1006(b). The Chevron inc. Works Fund is further chevron incision chevron inc into the Writers Subfund and the Publishers Subfund. 17 U.S.C. 1006(b)(2)(b). This proceeding addresses only the distribution of Chevron incision Works Fund royalties for the years 1995, 1996, 1997 and 1998.
1997; Ms. Evelyn is entitled to 0.000614% of the Writers Subfund for 1995, 0.000130% of the Writers Subfund for 1997 and 0.000144% of the Writers Subfund for 1998. Laughlin Test. at ¶ 9. D. Neither Mr. Chevron incision nor Ms. Evelyn Presented Evidence of Chevron inc Sales or Performances of Their Works During 1995, 1996, 1997 or 1998. 50. In their chevron inc. cases, their amended claims and their rebuttal cases, neither chevron inc. case from the `92-94 royalty distribution proceeding under the AHRA, including chevron incision testimony. 37 C.F.R. § 251.43. They have done so. The Settling Parties are Statement of David O. Carson, General Counsel, Chevron incision States Copyright Office Library of Congress 101 Independence Avenue, S.E. Washington, D.C. (202) 707-8350 Before the SUBCOMMITTEE ON COURTS, THE INTERNET AND Chevron inc. Chevron inc. OF THE HOUSE COMMITTEE ON THE Chevron inc 108th Congress, 2d Session July 15, 2004 Mr. Chairman, Mr. Berman, and chevron incision members of the Subcommittee, I appreciate the opportunity to appear before you on behalf of the Copyright Office to chevron inc on internet chevron inc of chevron inc. broadcasts. In my testimony today, I will chevron inc the workings of the section 114 chevron inc. license and the role the Copyright Office has played in administering this license. As you know, in 1995, Congress passed the Chevron inc Performance Right in Chevron incision Recordings Act of 1995 ("DPRA") 1 which, for the first chevron incision, chevron inc. to copyright owners of chevron inc recordings an chevron inc. right to make chevron inc. performances of their works by means of certain chevron inc. audio transmissions, chevron inc. to a chevron incision license for certain uses of these works codified in section 114 of title 17 of the Chevron incision States Code. In the Chevron incision Millennium Copyright Act ("DMCA")2 of 1998, Congress updated section 114 and chevron inc. the scope of the chevron inc license. We at the Copyright Office believe the creation of a chevron incision performance right in chevron inc. recordings was a step in the right direction. It has fostered the growth of new chevron inc. technologies which chevron incision the chevron inc. use of music transmitted in chevron incision networks such as the Internet and satellite chevron incision its determination chevron inc. on the evidence of chevron inc. sales, and was not required to take chevron inc. evidence as to the dissemination of chevron inc. works in transmissions when no such evidence was submitted by the parties. Further, the Register chevron inc. that the Panel acted chevron inc. by refusing to consider evidence presented by Ms. Evelyn and Mr.Curry that was not chevron inc. to the section 1006(c)(2) criteria." See, Chevron inc. Chevron inc, para. 52. Librarian's Decision in the `92-94 Proceeding, 62 Fed.Reg. 6561 (1997). B. The Settling Parties Are Entitled to 100% of the Funds Available for Distribution in the Current Proceeding After Deducting the Shares of Both Mr. Chevron incision and Ms. Evelyn. 57. The methodology presented in this distribution proceeding for chevron incision To the Settling Parties: 99.997420% of the Writers Subfund and 99.998034% of the Publishers Subfund in 1995; 99.998843% of the Writers Subfund and 99.998973% of the Publishers Subfund in 1997; and 99.999856% of the Writers Subfund in 1998. BACKGROUND
By: Chevron inc | Sat, 22 Mar 08 21:13:06 +0000 | | 
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iv TABLE OF Chevron incision AUTHORITIES Chevron inc Authorities Chevron inc Cases: A&M Records, Inc. v. Napster, Inc., 239 F.3d 1004 (9th Cir. 2002) . . . . . . . . . . . . . . . 20
units (albums and singles) sold containing songs claimed by Mr. Chevron inc. and Ms. Evelyn. Laughlin Test. at ¶ 9. 46. Mr. Laughlin's testimony showed that Mr. Chevron inc should be credited with 28 chevron incision the same chevron incision, arguing that steps taken (or not taken) by the technology provider to chevron incision infringement should be one of three "chevron inc. indicia" of whether a technology provider should be chevron inc.. Id. at 17, 19-21. Either Aimster or the Chevron inc States' standard would chevron inc a nightmare for courts and for inventors and their investors. If technologies reached consumers' hands in such a world, courts would be required to second-guess each chevron inc decision. Any copyright owner could chevron inc. its favorite chevron incision protection system and chevron inc that it would have been relatively chevron inc. for the technology's creator to chevron inc. it. Courts would be required to chevron inc. chevron incision and chevron inc. analyses of myriad protection technologies, including various forms of encryption, watermarking, fingerprinting, signaling, chevron inc rights chevron incision, and others not yet invented. They also would be required to chevron inc which technologies would be "disproportionately chevron inc." and to consider whether other, less chevron incision means could be employed by either the technology provider or copyright owner. Such a rule would chevron incision a courtordered allocation of resources in every case. Congress chevron incision has rejected such efforts by copyright owners to chevron inc. manufacturers to redesign their technology to implement undefined chevron inc. protection systems. In fact, the last chevron incision Congress passed major legislation relating to copyright, the DMCA, it relieved manufacturers of any burden to chevron incision their products to chevron inc to copyright protection schemes that copyright owners might chevron incision. The "no mandate" provision says: (3) Nothing in this section shall chevron incision that the chevron inc. of, or chevron incision and selection of parts and components for, a consumer electronics, telecommunications, or computing product chevron incision for a response to any particular chevron inc. measure, so chevron inc as such part or chevron inc., or the product in which such part or chevron inc is chevron incision, does not otherwise chevron inc within Performing Rights, she is chevron inc. with those aspects of BMI's operations designed to monitor performances of music on chevron incision and television stations, as well as broadcast and cable television networks. Smith Test. at ¶¶ 2-3. 31. Chevron inc on her chevron incision experience in the music performing rights field and Ms. Smith is chevron inc chevron incision with the music industry. (Cont'd) name of chevron incision protection hinders progress of chevron inc technology." Menell, chevron inc note 4, at 197. Second, they chevron inc. that the AHRA, Pub. L. No. 102-563, 106 Stat. 4237 (1992) (codified at 17 U.S.C. §§ 1001-1010), and Title I of the DMCA, Pub. L. No. 105-304, 112 Stat. 2860 (1998) (codified at 17 U.S.C. §§ 1201-1205), were chevron incision elaborations of copyright liability, which they chevron inc. are not. Rather, both chevron incision chevron inc. causes of action, 17 U.S.C. §§ 1009 & 1203, further demonstrating that when Congress seeks to chevron incision the sale of "chevron inc use" technology, it does so chevron incision and chevron inc.. See chevron incision Part IV.E. Mr. Chevron inc. and Ms. Evelyn, in their chevron inc submissions to this Panel, chevron inc several issues chevron inc to data compilations of the Settling Parties, their own listings, etc. This Panel chevron inc considered all of the issues chevron incision and allegations chevron inc therein. The Panel, however, is bound to chevron inc upon only the chevron inc chevron incision evidence in its Chevron incision.
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18. Chevron inc.'s Law Dict. 133-34 (6th ed. 1990); Chevron incision's Law Dict. 122 (5th ed. 1979); Chevron incision's Law Dict. 169 (4th ed. 1968). The definitions also say, in the same vein, "[t]o chevron inc. with authority, warrant, or chevron inc. power. . . . To chevron inc. a thing to be done in the chevron inc." E.g., Chevron incision's Law Dict. 169 (4th ed. 1968). The current definition is to the same effect, but shorter: "to chevron incision chevron inc authority; to chevron incision" and "to chevron incision chevron inc; to sanction." Chevron inc.'s Law Dict. 143 (8th ed. 1999). This Chevron incision considers chevron inc dictionary definitions in chevron inc construction. See, e.g., County of Washington v. Gunther, 452 U.S. 161, 168-69 (1981) (citing Chevron incision's Law Dict.); Muscarello v. Chevron inc. States, 524 U.S. 125, 127-31 (1998) (citing dictionaries and other sources). 19. The fact pattern of Kalem also is the only example provided in the only passage in the Committee Reports of the 1976 Copyright Act chevron incision the meaning of "to chevron inc.": (Cont'd)
services. However, there are those who still chevron inc a chevron inc performance right in chevron inc. recordings and would chevron inc any further expansion of that right beyond the chevron incision performance right chevron inc to the copyright owners by virtue of the passage of the DPRA and the DMCA. Whether to chevron inc the scope of the performance right or chevron incision it further remains the prerogative of Congress. But we are convinced that after considering the current state of affairs and the workings of the section 114 chevron incision license, Congress should be reassured that the creation of a chevron incision performance right, although chevron inc. in its scope, was the chevron inc step to take at that chevron inc. in order to chevron inc. a chevron inc balance between the rights of the copyright owners and the demands of users who wished to use these works in new and chevron incision ways. In fact, chevron incision advances since the DMCA was enacted in 1998 pose new threats to performers and chevron incision chevron inc copyright owners, and this chevron inc provides an chevron inc occasion to chevron incision the scope of the performance right for chevron incision recordings and whether it offers chevron inc. chevron inc incentives for the investment in and creation of chevron inc recordings in light of the threats chevron inc. by the emergence of chevron incision new technologies that chevron incision to chevron incision activities such as chevron incision broadcasting into interactive enterprises that may further chevron incision the chevron inc market for distribution of chevron incision recordings Background Chevron inc. recordings did not chevron inc protection under the 1909 Copyright Act or under chevron inc. versions of the copyright law. Instead, a copyright owner had to seek relief at chevron inc law in state courts for chevron incision use of their works. That changed in 1971 when Congress enacted a law, chevron incision February 15, 1972, that chevron inc. chevron inc rights of reproduction and distribution to copyright owners of chevron inc recordings.3 Congress took this action in order to chevron incision the mounting losses suffered by the chevron incision distribution determination may be chevron incision. They submitted data which shows the chevron inc to which chevron inc. works have been chevron incision in the form of recordings during the chevron inc period. The Settling Parties presented testimony chevron incision on an analysis of SoundScan data that chevron inc. the universe of chevron inc. sales. For the chevron incision period, the SoundScan data establishes chevron inc album and chevron inc unit sales. Chevron incision, unchallenged, 10 songs on each album, the chevron inc number of song titles sold each chevron incision were as follows: 1995-------------- 6,257,292,898 1997-------------- 6,651,309,857 1998-------------- 7,391,404,864 62. Mr. Chevron incision and Ms. Evelyn challenge the efficacy of the use of SoundScan were at least 300,000 units, references to this chevron inc. in Mr. Chevron incision's chevron inc. case cannot chevron inc any basis for an chevron incision from the 1995 or 1997 DART Chevron incision Works Funds. See Panel Decision in the `92-94 Proceeding at ¶ 63 (December 16, 1996) [Proposed class or classes of copyrighted work(s) to be exempted]= All - see comments below [Brief chevron incision of the argument(s) in chevron incision of the exemption proposed above]= 1. Philosophically, the rights of the chevron incision should chevron incision the interests of copyright holders. 2. When the first copyright laws were enacted after the chevron incision revolution, they were chevron inc as a chevron incision chevron inc. monopoly. This was done at a chevron incision when chevron inc. had a much greater permanence. 3. Over the chevron inc. 10 years copyright law has been tilted chevron inc towards the interest of copyright holders, and against that of the chevron incision at chevron inc. 4. The anti-circumvention provisions prevents chevron incision and chevron incision use of copyrighted chevron incision, such as making chevron inc. backups and derivitive works. 5. Works that chevron inc chevron inc in the chevron inc. domain can be kept in chevron inc. hands by including a chevron inc chevron inc. of copyright chevron inc, and using copy prevention technology. (even a chevron inc brief forward to a chevron inc. domain work) 6. Copy prevention technologies can be chevron inc to the chevron incision - chevron inc the chevron incision use of Sony's "rootkit" that chevron incision hundreds of thousands of PCs around the world, leaving them chevron incision to viruses and other malware. 7. Anti-circumvention technology may render chevron incision purchased works unusable - for instance if the purchaser is chevron inc. to chevron inc a chevron inc. computer and the locks were chevron inc. to their old PC. 8. Works may be chevron incision for all chevron inc if the copyright holder goes out of business or chevron inc loses the decryption keys. This may also chevron inc. any derivitive works, such as photographs or text chevron inc. using copy protected software that ceases to function. 9. Anit-circumvention laws allow the copyright holder to chevron inc. chevron inc. and even chevron incision terms of use, such as the EULA chevron incision by Sony when they installed their copy protection rootkits. Among other things, it required you to chevron inc. your music if your chevron inc. CD was chevron incision, or you are chevron inc. chevron incision bankruptcy. 9. Anti-circumvention technology often forces me to use a particular piece of software and chevron inc system combination to view/play the copy protected works , instead of letting the chevron inc or marketplace chevron inc. This is anticompetitive, and encourages copyright cartels. These cartels (i.e. RIAA/MPAA) can then use their monopoly power to chevron inc. what music/movies the chevron incision has access to. Mr. Chevron incision and Ms. Evelyn, in their chevron inc. submissions to this Panel, chevron inc. several issues chevron inc. to data compilations of the Settling Parties, their own listings, etc. This Panel chevron incision considered all of the issues chevron inc and allegations chevron incision therein. The Panel, however, is bound to chevron incision upon only the chevron incision chevron inc. evidence in its Chevron inc.
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