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Federal Register / Vol. 63, No.

246 / Wednesday, December 23, 1998 / Notices 71167

LIBRARY OF CONGRESS Policy and International Affairs, or G–45, James Madison Building, Library
Sayuri Rajapakse, Attorney-Advisor, of Congress, Washington, DC.
Copyright Office Office of Policy and International The second will be held in Los
[Docket No. 98–12A] Affairs. Telephone: (202) 707–8350. Angeles on February 10, 1999,
Telefax: (202) 707–8366. beginning at 9 a.m. P.S.T., at the
Promotion of Distance Education SUPPLEMENTARY INFORMATION: University of California at Los Angeles
Through Digital Technologies Written Comments (UCLA), James West Alumni Center
The Copyright Office will be placing Conference Room, 325 Westwood Plaza,
AGENCY: Copyright Office, Library of all comments and reply comments on its
Congress. Los Angeles, California.
Website (http://lcweb.loc.gov/copyright/
ACTION: Request for comments and The third will be held in Chicago on
disted/). Comments and reply comments
notice of public hearing. February 12, 1999, beginning at 9:30
should be sent, therefore, in one of the
a.m. C.S.T., at the University of Illinois
SUMMARY: The Copyright Office is following formats:
If by regular mail or hand delivery: at Chicago, College of Medicine, Room
preparing recommendations for 423, 1853 West Polk St., Chicago,
Congress, in accordance with Section Send, to the appropriate address listed
above, two copies, each on a 3.5-inch Illinois.
403 of the Digital Millennium Copyright Anyone desiring to testify at one of
Act, on the promotion of distance write-protected diskette, labeled with
the name of the person making the the hearings should submit a written
education through digital technologies.
submission, his or her title and request by hand delivery or telefax
This notice requests written comments
organization. The document itself must which should be received no later than
from all interested parties, including
be in a single file in either Adobe 5 p.m. E.S.T. on January 12, 1999. All
representatives of copyright owners,
Portable Document File (PDF) format requests to testify should identify
nonprofit educational institutions, and
(preferred), or in Microsoft Word clearly the hearing to which reference is
nonprofit libraries and archives, in
Version 7.0 or earlier, or in WordPerfect made and the individual or group
order to elicit views and information to
Version 7 or earlier. The file name must desiring to appear. The Copyright Office
assist the Office in its analysis of the
be no longer than eight characters with will notify all witnesses of the date and
relevant issues preparatory to making its
a three-character extension. expected time of their appearance, and
report and recommendations. This
If by electronic mail: Send to the maximum time allowed for their
notice also announces the schedule for,
‘‘disted@loc.gov’’ a message containing testimony.
and invites participation in, a series of
three public hearings to be held in the name of the person making the Anyone desiring to testify at one of
Washington, DC, Los Angeles, California submission, his or her title, the hearings must also submit a
and Chicago, Illinois. organization, mailing address, telephone summary of their testimony, so
DATES: Written comments must be
number, telefax number and e-mail designated. The summary may be
received in the Copyright Office on or address. The message should also delivered by hand or sent by telefax,
before 5 p.m. E.S.T. on February 5, identify the document clearly as either electronic mail or regular mail. It must
1999. Interested parties may submit a comment or reply comment. The be received by 5 p.m. E.S.T. at least 10
written reply comments in direct document itself must be sent as a MIME days prior to the date of the hearing at
response to the written comments or the attachment, and must be in a single file which the testimony will be presented.
oral testimony offered at the hearings. in either Adobe Portable Document File Ten copies of the summary are required
Reply comments will become part of the (PDF) format (preferred), or in Microsoft if delivered by hand or sent by regular
record if received on or before 5:00 p.m. Word Version 7.0 or earlier, or in mail.
E.S.T. on February 24, 1999. WordPerfect 7 or earlier. The file name
Background
See SUPPLEMENTARY INFORMATION for must be no longer than eight characters
hearing dates and additional submission with a three-character extension. On October 28, 1998, H.R. 2281, the
Anyone who is unable to submit a Digital Millennium Copyright Act, was
deadlines. comment in electronic form should enacted into law (Pub. L. 105–304, 112
ADDRESSES: All submissions should be
submit ten paper copies by hand or by Stat. 2860). Section 403 requires that the
addressed to Sayuri Rajapakse, mail to the appropriate address listed Copyright Office consult with
Attorney-Advisor, Office of Policy and above. representatives of copyright owners,
International Affairs. Those sent by All written comments should contain nonprofit educational institutions, and
regular mail should sent to the U.S. the name of the person making the nonprofit libraries and archives, and
Copyright Office, Copyright GC/I&R, PO submission, his or her title, thereafter to submit to Congress
Box 70400, Southwest Station, organization, mailing address, telephone recommendations on how to promote
Washington, DC 20024. Submissions number, telefax number and e-mail distance education through digital
delivered by hand should be brought to address. technologies, including interactive
the Office of Policy and International
Public Hearings digital networks, while maintaining an
Affairs, Office of the Register, James
appropriate balance between the rights
Madison Memorial Building, Room LM– The Copyright Office will hold three
of copyright owners and the interests of
403, 101 Independence Avenue, public hearings.
The first hearing will be held in users. Such recommendations may
Southeast, Washington, D.C.
Washington, DC, on January 26 and 27, include legislative changes.
Submissions by telefax should be made
to (202) 707–8366. Submissions by 1999, beginning at 9 a.m. E.S.T. on both The statute instructs the Register of
electronic mail should be made to days, at the Postal Rate Commission, Copyrights to consider:
‘‘disted@loc.gov’’; see SUPPLEMENTARY third floor Hearing Room, 1333 H St., (1) The need for an exemption from
INFORMATION for file formats and other Northwest, Washington, DC. This exclusive rights of copyright owners for
information about electronic filing. hearing will be preceded, on January 25, distance education through digital
See SUPPLEMENTARY INFORMATION for 1999 from 2 p.m. to 5 p.m., E.S.T. by a networks;
hearing addresses. demonstration of distance education (2) The categories of works to be
FOR FURTHER INFORMATION CONTACT: programs using digital technologies in included under any distance education
Shira Perlmutter, Associate Register for the Automation Orientation Center, LM exemption;
71168 Federal Register / Vol. 63, No. 246 / Wednesday, December 23, 1998 / Notices

(3) The extent of appropriate (b) What is the nature of the distance (b) To what extent do the persons or
quantitative limitations on the portions education programs using digital entities providing such programs rely on
of works that may be used under any technologies that are currently available, defenses available under the copyright
distance education exemption; or in development? Do they involve law in choosing not to obtain a license
(4) The parties who should be entitled students using the Internet as a (e.g., fair use, section 110(2), or the
to the benefits of any distance education resource, communicating with teachers doctrine of implied license)? To what
exemption; by e-mail, communicating with class extent do they use public domain
(5) The parties who should be members in chat rooms, or participating material, and if so, of what type?
designated as eligible recipients of in classes conducted by (c) Have there been difficulties in
distance education materials under any teleconferencing? To what extent are obtaining licenses? If so, for what
distance education exemption; they interactive? To what extent are reason(s)? Are the difficulties different
(6) Whether and what types of they asynchronous? To what extent are in nature or degree than for other types
technological measures can or should be copies made or kept, and by whom? of uses, including traditional education
employed to safeguard against (c) Are course materials made and including multimedia uses
unauthorized access to, and use or available in electronic form? To whom generally?
retention of, copyrighted materials as a are they made available? What (d) To what extent can technology be
condition of eligibility for any distance restrictions are imposed on their access, used now or in the future to ameliorate
education exemption, including, in light use, modification or retention? any difficulties in licensing? Can it
of developing technological capabilities, (d) How are such programs funded? serve to facilitate the identification of
the exemption set out in section 110(2) What proportion of the entities who rights holders, the clearance of rights
of title 17, United States Code; develop or offer them are nonprofit? and the process of obtaining licenses,
(7) The extent to which the What types of fees are charged to including price differentiation based on
availability of licenses for the use of students? Are the programs intended to, such attributes as the user’s purpose,
copyrighted works in distance and do they, generate a profit? need, institutional affiliation, or ability
education through interactive digital (e) What proportion of such programs to pay?
networks should be considered in are accredited? By whom are they (e) What other options exist for
assessing eligibility for any distance accredited? making the permissions process easier?
education exemption; and (f) Who are the recipients of such How likely is the development of
(8) Such other issues relating to programs? What communities are collective or blanket licensing, or ‘‘one-
distance education through interactive served? Are students primarily located stop shops,’’ and within what time
digital networks that the Register in any particular geographic frame?
considers appropriate. communities (e.g., urban or rural)? Are 3. Use of Technology
In accordance with its mandate, on there particular criteria for enrolling in (a) What technologies are used to
November 16, 1998, the Copyright or otherwise gaining access to the prepare and disseminate digital distance
Office published a Notice of Request for programs? How many students education programs? Are these
Information in the Federal Register participate in a program at a time? Are technologies specifically developed or
asking for the identification of parties the programs made available to students produced for the distance education
interested in the promotion of distance in other countries? programs, or are they generally
education through digital technologies (g) At what level are such programs commercially available?
and of the issues with which those offered? Are they offered at the level of (b) What technologies are available to
parties were concerned. 63 FR 63749 elementary school, high school, college, protect the security of digital distance
(Nov. 16, 1998). Although December 7, graduate school, or adult education? Are education programs? In particular, are
1998 was fixed as the deadline for courses offered for credit, and as part of there technologies in use or under
receipt of communications from degree programs? development that can prevent the
interested parties, due in part to the (h) To what extent is new content unauthorized reception, use, or
large volume of late responses, the created for such programs, and by retention of copyrighted materials
Office continued to accept materials for whom? To what extent is pre-existing incorporated into such programs, or that
consideration and inclusion in the content used, and of what type (e.g., can authenticate materials or protect
public record until December 14, 1998. motion pictures, music, sound their integrity? What is the time frame
By that date, 175 responses were recordings, computer programs, books)? for the availability of such technologies?
received. The Office is in the process of How is it used, and in what amounts? What parties or entities are developing
reviewing all received materials. (i) Are there institutional policies in them, and what type of costs are
place with regard to the creation and involved in implementing them?
Specific Questions use of such programs? Is any instruction 4. Application of Copyright Law to
The Office seeks comment on the provided to students or teachers in Distance Education
following specific questions. Parties connection with such programs (a) Is existing law adequate in
need not address all questions, but are regarding copyright law, or regarding addressing current and anticipated
encouraged to respond to those as to the giving of attribution or credit? forms of distance education using
which they have particular knowledge 2. Role of Licensing digital technology? If not, in what ways
or information. (a) Where pre-existing content is used is it inadequate? Are there reasons why
1. Nature of Distance Education in distance education programs using digital transmissions should be treated
(a) How may distance education be digital technologies, to what extent do differently from education through
defined? In what sense does it differ the persons or entities involved obtain broadcasting or closed circuit
from traditional face-to-face education? permission for the use of that content? technologies, or in a traditional
To what extent does it utilize digital Is this accomplished by direct contact classroom?
technologies? In what sense does it with the copyright owner, or in some (b) Is it preferable to deal with the
differ from the general use of electronic other way? To what extent do the copyright issues raised by digital
communications in educational parties enter into negotiated licenses, or distance education through specific
settings? use form contracts? exemptions like section 110(2) or
Federal Register / Vol. 63, No. 246 / Wednesday, December 23, 1998 / Notices 71169

through a flexible balancing approach SUMMARY: This notice sets forth the We currently have balanced
like fair use? What role should be schedule of the forthcoming conference membership representing a variety of
played by voluntary guidelines such as calls for NCD’s advisory committees— disabling conditions form across the
the Fair Use Guidelines for Educational International Watch and Technology United States.
Multimedia (sometimes referred to as Watch. Notice of this meeting is
the Consortium of College and required under Section 10 (a)(1)(2) of Open Conference Calls
University Media Centers (CCUMC) the Federal Advisory Committee Act These advisory committee conference
guidelines)? (P.L. 92–463). calls of the National Council on
(c) If a new or amended exemption or INTERNATIONAL WATCH: The purpose of Disability will be open to the public.
exemptions for distance education were NCD’s International Watch is to share However, due to fiscal constraints and
to be adopted: information on international disability staff limitations, a limited number of
• Which section 106 rights should or issues and to advise NCD’s International additional lines will be available.
should not be covered? Committee on developing policy Individuals can also participate in the
• What categories of works should or proposals that will advocate for a conference calls at the NCD office.
should not be covered? foreign policy that is consistent with the Those interested in joining these
• To what extent should there be values and goals of the Americans with conference calls should contact the
quantitative limitations on the portions Disabilities Act. appropriate staff member listed above.
of a work that can be used? DATE: January 20, 1999, 12:00 noon-1:00
Records will be kept of all
• Who should be entitled to the p.m. est. International Watch and Tech Watch
benefits of such an exemption? conference calls and will be available
FOR INTERNATIONAL WATCH INFORMATION,
Accredited or nonprofit institutions after the meeting for public inspection
CONTACT: Lois T. Keck, Ph.D., Research
only? at the National Council on Disability.
Specialist, National Council on
• How should the class of eligible Signed in Washington, DC, on December
Disability, 1331 F Street NW, Suite
recipients be defined? 16, 1998.
1050, Washington, D.C. 20004–1107;
• Should such an exemption be Ethel D. Briggs,
202–272–2004 (Voice), 202–272–2074
limited to nonprofit distance education Executive Director.
(TTY), 202–272–2022 (Fax),
activities? [FR Doc. 98–33999 Filed 12–22–98; 8:45 am]
lkeck@ncd.gov (e-mail).
• Should the use of technological BILLING CODE 6820–MA–M
measures to protect against TECHNOLOGY WATCH: NCD’s Technology
unauthorized access to, and use or Watch (Tech Watch) is a community-
retention of, copyrighted materials be based, cross-disability consumer task
force on technology. Tech Watch NATIONAL GAMBLING IMPACT STUDY
required? If so, what types of measures?
provides information to NCD on issues COMMISSION
• To what extent should the
availability of licenses for the use of relating to emerging legislation on
technology and helps monitor Meeting
copyrighted works be considered in
assessing eligibility? compliance with civil rights legislation, AGENCY: National Gambling Impact
• Should there be limitations on such as Section 508 of the Study Commission, Indian Gambling
student copying or retention of the Rehabilitation Act of 1973, as amended. Subcommittee.
copyrighted materials? DATE: January 15, 1998, 1:15 p.m.-3:15 ACTION: Notice of public meeting.
• Should the provision of electronic p.m. est.
reserves be included? FOR TECHNOLOGY WATCH INFORMATION, DATES: Thursday, January 7, 1999, 9:00
• Should the provision of any CONTACT: Jamal Mazrui, Program a.m. to 5:30 p.m. (PST).
information about copyright law be Specialist, National Council on ADDRESSES: The meeting site will be:
required as a condition for eligibility? Disability, 1331 F Street NW, Suite Doubletree Hotel Seattle Airport, 18740
• Are there other factors that should 1050, Washington, D.C. 20004–1107; Pacific Highway South, Seattle, WA
be taken into account? 202–272–2004 (Voice), 202–272–2074 98188, (206) 246–8600.
(d) What would be the economic (TTY), 202–272–2022 (Fax), STATUS: The meeting is open to the
impact of such an exemption, including jmazrui@ncd.gov (e-mail). public. However, seating may be
the impact on the actual or potential AGENCY MISSION: The National Council limited. Members of the public wishing
markets of copyright owners of different on Disability is an independent federal to attend are kindly requested to contact
types of works? agency composed of 15 members Dr. Kate Spilde at (202) 523–8217 to
(e) What would be the international appointed by the President of the make arrangements.
implications of such an exemption? United States and confirmed by the U.S. SUMMARY: At the January 7 meeting of
Would it be consistent with U.S. treaty Senate. Its overall purpose is to promote the Indian Gambling Subcommittee of
obligations? policies, programs, practices, and the National Gambling Impact Study
Dated: December 18, 1998. procedures that guarantee equal Commission, established under Public
Marybeth Peters, opportunity for all people with Law 104–169, dated August 3, 1996, the
Register of Copyrights. disabilities, regardless of the nature of Members of the Subcommittee will hear
severity of the disability; and to testimony on Indian gambling issues as
[FR Doc. 98–34010 Filed 12–22–98; 8:45 am]
empower people with disabilities to well as discuss the drafting of a
BILLING CODE 1410–30–P
achieve economic self-sufficiency, subcommittee report to the full
independent living, and inclusion and Commission.
integration into all aspects of society. CONTACT PERSONS: For further
NATIONAL COUNCIL ON DISABILITY These committees are necessary to information on the agenda, meeting
Advisory Committee Conference Calls. provide advice and recommendations to location or other matters contact Dr.
NCD on international disability issues Kate Spilde at (202) 523–8217 or write
AGENCY: National Council on Disability and technology accessibility for people to 800 North Capitol St., N.W., Suite
(NCD). with disabilities. 450, Washington, D.C. 20002.