23 February 2006
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[Federal Register: February 23, 2006 (Volume 71, Number 36)]
[Proposed Rules]
[Page 9302-9303]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23fe06-23]
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LIBRARY OF CONGRESS
Copyright Office
37 CFR Parts 201
[Docket No. RM 2005-11A]
Notice of Public Hearings: Exemption to Prohibition on
Circumvention of Copyright Protection Systems for Access Control
Technologies
AGENCY: Copyright Office, Library of Congress.
ACTION: Notice of Public Hearings.
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SUMMARY: The Copyright Office of the Library of Congress will be
holding public hearings on the possible exemptions to the prohibition
against circumvention of technological measures that control access to
copyrighted works. In accordance with the Copyright Act, as amended by
the Digital Millennium Copyright Act, the Office is conducting its
triennial rulemaking proceeding to determine whether there are
particular ``classes of works'' as to which users are, or are likely to
be, adversely affected in their ability to make noninfringing uses if
they are prohibited from circumventing such technological measures.
DATES: Public hearings will be held in Palo Alto, California on
Thursday, March 23, 2006, and Friday, March 24, 2006. Public hearings
will also be held in Washington, DC on Wednesday, March 29, 2006,
Friday, March 31, 2006, Monday, April 3, 2006, and Tuesday, April 4,
2006, beginning at 9:30 a.m. Requests to testify must be received by 5
p.m. E.S.T. on Friday March 10, 2006. See SUPPLEMENTARY INFORMATION for
additional information on other requirements.
ADDRESSES: The Palo Alto hearings will be held in the Moot Court Room
(Room 80) of the Stanford Law School, Crown Quadrangle, Palo Alto, CA.
The Washington, DC round of public hearings will be held in the
Mumford, Room, LM-649, of the James Madison Building of the Library of
Congress, 101 Independence Ave, SE., Washington, DC. See SUPPLEMENTARY
INFORMATION for additional address information and other requirements.
FOR FURTHER INFORMATION CONTACT: Rob Kasunic, Principal Legal Advisor,
Office of the General Counsel, Copyright GC/I&R, PO Box 70400,
Washington, DC 20024-0400. Telephone (202) 707-8380; fax (202) 707-
8366. Requests to testify may be submitted through the request form
available at http://www.copyright.gov/1201/index.html.
SUPPLEMENTARY INFORMATION: On October 3, 2005, the Copyright Office
published a Notice of Inquiry seeking comments in connection with a
rulemaking pursuant to section 1201(a)(1) of the Copyright Act, 17
U.S.C. 1201(a)(1), which provides that the Librarian of Congress may
exempt certain classes of works from the prohibition against
circumventing a technological measure that controls access to a
copyrighted work. 70 FR 57526 (October 3, 2005). For a more complete
statement of the background and purpose of the rulemaking, please see
the full record of the previous rulemaking proceedings available on the
Copyright Office's Web site at: http://www.copyright.gov/1201/.
The 74 initial written comments proposing classes of works to be
exempted and the 35 reply comments have been posted on the Office's Web
site; see http://www.copyright.gov/1201/.
The Office will be conducting public hearings in Palo Alto,
California and Washington, DC to hear testimony relating to the
proposed exemptions in this rulemaking. Interested parties are invited
to submit requests to testify at these hearings. The dates for the
hearings in Palo Alto, CA are March 23 and 24. The dates for the
Washington, DC hearings are March 29, March 31, April 3, and April 4,
2006. Depending on the number of requests to testify received by the
Copyright Office, it may not be necessary to conduct hearings on all of
the available days. In addition, the hearings will be organized by
subject matter; and while the Copyright Office will attempt to
accommodate preferences for particular dates, such accommodations may
not be possible.
Requirements for Persons Desiring To Testify
A request to testify must be submitted to the Copyright Office. All
requests to testify must clearly identify:
The name of the person desiring to testify,
The organization or organizations represented, if any,
Contact information (address, telephone, and e-mail),
The class of work to which your testimony is responsive
(if you wish to testify on more than one proposed class of work, please
state your order of preference),
A brief summary of your proposed testimony,
A description of any audiovisual material or
demonstrative evidence, if any, that you intend to present,
The location of the hearing at which you wish to testify
(Washington, DC or Palo Alto, CA).
Preferences as to dates on which you which to testify.
Note: Because the agenda will be organized based on subject matter, we
cannot guarantee that we can accommodate requests to testify on
particular dates.
Depending on the number and nature of the requests to testify, it
is possible that the Office will not be able to accommodate all
requests to testify.
All persons who submit a timely request to testify will receive
confirmation by email or telephone. The Copyright Office will notify
all witnesses of the date and expected time of their appearance, and
the time allocated for their testimony.
Addresses for Requests To Testify
Requests to testify must be submitted via the Copyright Office's
website form located at http://www.copyright.gov/1201/index.html and
must be received by 5:00 E.S.T. on March 10, 2006. Persons who are
unable to send requests via the Web site should contact Rob Kasunic,
Principal Legal Advisor, Office of the General Counsel at (202) 707-
8380 to make alternative arrangements for submission of their requests
to testify.
Form and Limits on Testimony at Public Hearings
There will be time limits on the testimony allowed for persons
testifying that will be established after receiving all requests to
testify. In order to avoid duplicative and cumulative testimony and to
ensure that all relevant issues and viewpoints are addressed, the
Office encourages parties with similar interests to select common
representatives to testify on behalf of a particular position. A timely
request to testify does not guarantee an opportunity to testify at
these hearings.
The Copyright Office stresses that factual arguments are at least
as important as legal arguments and encourages persons who wish to
testify to provide demonstrative evidence to supplement their
testimony. While testimony from attorneys who can
[[Page 9303]]
articulate legal arguments in support of or in opposition to a proposed
exempted class of works is useful, testimony from witnesses who can
explain and demonstrate pertinent facts is encouraged.
An LCD projector and screen will be available in the hearing rooms.
Other electronic or audiovisual equipment necessary for a presentation
should be brought by the person testifying. Persons intending to bring
such equipment into the Library of Congress, e.g., laptops, slide
projectors, etc., are encouraged to give the Office advance notice and
to arrive early in order to clear security screening by the Library
police.
The Office intends to organize individual sessions of the hearings
around particular or related classes of works proposed for exemption.
If a request to testify involves more than one proposed exemption or
related exemption, please specify, in order of preference, the proposed
exemptions on which you would prefer to testify.
Following receipt of the requests to testify, the Copyright Office
will prepare an agenda of the hearings which will be posted on the
Copyright Office Web site at: http://www.copyright.gov/1201/ and sent
to all persons who have submitted requests to testify. The Copyright
Office will also provide additional information on directions and
parking for all persons testifying at the Palo Alto, CA round of
hearings. To facilitate this process, it is essential that all of the
required information listed above be included in a request to testify.
Dated: February 16, 2006.
David O. Carson,
Copyright General Counsel.
[FR Doc. E6-2571 Filed 2-22-06; 8:45 am]
BILLING CODE 1410-30-S