On February 25, 2014, the US Copyright Office issued a request for comments and notice of public roundtable about the recognition and protection of the "making available" and "communication to the public" rights under US law (79 Fed. Reg. 10571-01 (Feb. 25, 2014)).

The World Intellectual Property Organization (WIPO) Copyright Treaty and WIPO Performance and Phonograms Treaty require member states to recognize the "making available" and "communication to the public" rights. US law does not explicitly reference these rights due to Congress's determination, when the US enacted the Digital Millennium Copyright Act (DMCA) implementing these treaties in 1998, that the Copyright Act's existing exclusive rights adequately covered these rights. However, some courts and commentators have argued that the omission has led to uncertainty, particularly in the digital sphere and the internet.

Specifically, the Copyright Office is seeking public comments and holding a public roundtable on:

The public roundtable will be held on May 5, 2014 from 9:00 a.m. to 5:00 p.m. EDT. Comments are due on or before April 4, 2014 and can be submitted electronically at the Copyright Office's website here.