[Federal Register: December 1, 1998 (Volume 63, Number 230)]
[Rules and Regulations]               
[Page 66041-66042]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Copyright Office

37 CFR Part 201

Copyright Rules and Regulations

AGENCY: Copyright Office, Library of Congress.

ACTION: Technical amendment; correction.


SUMMARY: The Copyright Office is making one amendment to its rule at 37 
CFR 201.22(e) and one correction to its interim rule at 37 CFR 201.5 to 
update these portions of the copyright regulations. The amendment 
concerns service of advance notice of potential infringement of certain 
works, the fixation of which is made simultaneously with their 
transmission, and the correction concerns applications for 
supplementary registration.

EFFECTIVE DATE: December 1, 1998.

FOR FURTHER INFORMATION CONTACT: David O. Carson, General Counsel, or 
Marilyn J. Kretsinger, Assistant General Counsel, Copyright GC/I&R, 
P.O. Box 70400, Southwest Station, Washington, DC 20024. Telephone: 
(202) 707-8380. Fax: (202) 707-8366.

SUPPLEMENTARY INFORMATION: The Copyright Office is amending its 
regulation concerning service of Advance Notice of Potential 
Infringement of certain works pursuant to 17 U.S.C. 411(b), which was 
amended by section 6 of the Copyright Technical Amendments Act, Pub. L. 
105-80 (1997). Section 411(b) provides that a copyright owner of a work 
consisting of sounds, images, or both, the fixation of which is made 
simultaneously with its transmission, may institute an action for 
copyright infringement if the copyright owner has served a notice on 
the infringer identifying the work and the specific time and source of 
its first transmission, and declaring an intention to secure copyright 
in the work. The copyright owner must also register the work within 
three months after its first transmission. Prior to the 1997 amendment, 
section 411(b) required that the notice be served on the infringer 
``not less than ten or more than thirty days before such fixation.'' 
The 1977

[[Page 66042]]

amendment changed the time period to ``not less than 48 hours before 
such fixation.'' The amendment to 37 CFR 201.22(e) similarly changes 
the period of time in which notice must be served from ``at least ten 
days but not more than thirty days'' to ``not less than 48 hours''.
    The Office also corrects recently amended language in 37 CFR 
201.5(b)(2)(iii)(A) by inserting the word ``As'' at the beginning of 
the sentence that comprises that paragraph. The word ``As'' was 
inadvertently omitted when the amendment was made. See 63 FR 59235 
(November 3, 1998).

List of Subjects in 37 CFR Part 201

    Copyright, General provisions.
    For the reasons stated above, the rules at 37 CFR part 201 are 
corrected and amended as follows:


    1. The authority citation for Part 201 continues to read as 

    Authority: 17 U.S.C. 702.

Sec. 201.5  [Corrected]

    2. In Sec. 201.5(b)(2)(iii)(A), add ``As'' before the phrase ``an 
    3. Section 201.22 is amended by revising paragraph (e)(1) to read 
as follows:

Sec. 201.22  Advance notices of potential infringement of works 
consisting of sounds, images, or both.

* * * * *
    (e) * * *
    (1) An Advance Notice of Potential Infringement shall be served on 
the person responsible for the potential infringement not less than 48 
hours before the first fixation and simultaneous transmission of the 
work as provided by 17 U.S.C. 411(b)(1).
* * * * *

    Dated: November 20, 1998.
Marybeth Peters,
Register of Copyrights.
[FR Doc. 98-31852 Filed 11-30-98; 8:45 am]