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A federal appeals court ruling that Cablevision’s ‘remote DVR’ se...

A federal appeals court ruling that Cablevision’s “remote DVR” service doesn’t infringe programmer copyrights (CD Aug 6 p6) is giving the Copyright Office pause. The office moved to Aug. 28 from Aug. 15 a deadline for comments on its…

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notice of proposed rulemaking on section 115 of the Copyright Act. The office suggested that compulsory licenses -- perhaps set at a royalty rate of zero -- are required for incidental copies of songs, sometimes called buffer or server copies, made during Internet streaming. The office said in its Federal Register notice that it fielded requests for more time to comment due to the 2nd U.S. Circuit Court of Appeals ruling in Cartoon Network v. CSC Holdings. That decision reversed a lower court ruling the Copyright Office cited in its section 115 rulemaking notice, the new notice said. “The Office agrees that the ruling in the Cartoon Network case may be pertinent to the issues raised in this rulemaking and that interested parties should be given sufficient time in which to consider and comment upon the implications of that ruling,” it said. The Copyright Office set a Sept. 19 hearing in its rulemaking.