Abstract:
This comment focuses on the interplay between the compliance review by the CCA under proposed 37 C.F.R. § 224.1 and the preemptive opt-out for libraries and archives under proposed 37 C.F.R. § 223.3. Specifically, section 224.1(b) should be amended to require the CCA’s compliance review, when a CCB claim is brought against a library, to include consideration of whether the library has preemptively opted-out of CCB proceedings. Although consideration of the library’s preemptive opt-out status is implicitly part of the CCA’s compliance review in section 224.1 as proposed, the regulation should eliminate any possible ambiguity by explicitly requiring such consideration.
