[Federal Register: June 1, 1999 (Volume 64, Number 104)]
[Rules and Regulations]
[Page 29517-29522]
[[Page 29517]]
_______________________________________________________________________
Part V
Library of Congress
Copyright Office
_______________________________________________________________________
37 CFR Part 201 et al.
Fees and Registration of Claims to Copyright; Group Registration of
Daily Newsletters; Final Rules
[[Page 29518]]
LIBRARY OF CONGRESS
Copyright Office
37 CFR Parts 201, 202, 203, 204, and 211
[Docket No. 98-2C]
Fees
AGENCY: Copyright Office, Library of Congress.
ACTION: Final Regulations.
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SUMMARY: The Copyright Office is issuing final regulations adjusting
certain fees it charges for copyright registration, recordation, and
related services in order more nearly to recover the reasonable costs
of providing these services. Formerly most of these fees were
determined by Congress and were referred to as statutory fees. In the
future, they will be referred to as fees for registration, recordation,
and related services. To facilitate public reference and Copyright
Office administration, the Office is also consolidating and relocating
in one new regulatory section most references to fees for other
services, including fees for discretionary or special services and
services performed by the Licensing Division.
EFFECTIVE DATE: July 1, 1999.
FOR FURTHER INFORMATION CONTACT: Marilyn J. Kretsinger, Assistant
General Counsel, or Charlotte Douglass, Principal Legal Advisor to the
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:
I. Background
On November 13, 1997, Congress amended Section 708 of title 17,
United States Code, to authorize the Register of Copyrights to fix the
basic registration and other fees described in section 708(a)(1)-(9) to
recover reasonable costs incurred for providing the service and to add
an adjustment for inflation. Pub. L. 105-80, 111 Stat. 1529 (1997).
Congress had adjusted these fees in 1990. Copyright Fees and Technical
Amendments Act, Pub. L. 101-318, 104 Stat. 287 (1990). The 1997
legislation authorizes the Register of Copyrights to set all fees
assessed by the Copyright Office rather than follow the former practice
whereby Congress set some and the Register set others. Congress went
on, however, to state what the Register must do in order to increase
copyright fees. First the Register has to conduct a study of the costs
for provision of services. Then on the basis of the study, barring
legislation to the contrary, the Register can fix fees that (1) recover
reasonable costs and (2) are fair, equitable, and consistent with the
objectives of the copyright system.
In preparation for increasing fees, the Office undertook a
comprehensive economic analysis of the operating costs involved in
providing services to users that culminates with the fees identified in
this final regulation. The Register began by appointing an internal
task force, the Fee Analysis Task Force Group (FEATAG), to conduct the
eighteen month project. The Register then commissioned financial
management consultants and an outside company, Abacus, to determine
what cost recovery would be after certain necessary adjustments were
made. FEATAG analyzed Abacus's study and made recommendations of its
own, including a recommendation to amend the special service fees
described in 17 U.S.C. 710(a)(10). See Notice of Proposed Rulemaking,
63 FR 15802 (1998). After full consideration of public comments, on May
28, 1998, the Office issued final regulations adjusting the special
service fees. 63 FR 29137 (1998).
On August 13, 1998, in the second phase of consideration of fee
adjustments, the Copyright Office proposed two alternative schedules of
fees that would increase basic registration fees and other statutory or
required fee services in a Notice of Inquiry (NOI). This NOI was
designed specifically to address the congressional criteria for
statutory fees. Schedule I fees would have increased basic registration
fees from $20.00 to $45.00. Preliminarily, the Office met with
representatives of several authors' groups and representatives of other
copyright interests with concerns about potential fee increases. These
initial comments led the Office to propose an alternative to Schedule I
which would have increased basic registration fees for individual
authors more modestly, from $20 to $35. To make up for the shortfall in
income from individual authors, Schedule II would have set basic
registration fees for nonindividual authors at $50. The Office
requested public comment on these two proposals, and announced a public
hearing to be held on October 1, 1998. See FR 43426 (1998).
Comments
The Office heard nine witnesses and received twenty-three written
comments on the matter of adjusting statutory fees. The hearing yielded
additional data to fulfill the congressional directives of cost
recovery, fairness, equity, and adherence to the objectives of the
copyright system. This material enabled the Office to review the costs
of providing services in light of the particular needs of the public,
the Library of Congress, and the overall objectives of the copyright
system. With the hearing and subsequent analysis, the Office was able
to conclude its extensive study of costs and consideration of all other
pertinent information including the effect of a fee increase on
collections and exchange programs of the Library of Congress.
Following its analysis of all information, the Office completed the
last phase of its study, presenting its fee recommendations in a
comprehensive report to Congress on February 1, 1999. Analysis and
Proposed Copyright Fee Schedule to Go Into Effect July 1, 1999,
Register of Copyrights, U.S. Copyright Office (1999).\1\ The report
analyzes the testimony and written comments in detail, and shows how
the statutory criteria were applied to the ultimate decision to reduce
the amount of the proposed fee increase for basic registration.
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\1\ This report has been published on the Copyright Office
website [www.loc.gov/copyright].
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Although the Office believes that generally a schedule of fees
should be based on full recovery of direct costs, it recognizes that
not all costs of the Office should be borne by the fees, in view of the
many services the Copyright Office performs for the Library of
Congress, the U.S. Congress, the administration, and the public in
general. In the past, Congress has consistently set fees for basic
services at a level that recovers about two-thirds of the Office's
costs, with the rest of the budget coming from taxpayer revenue. The
public comments also revealed that the registering public, based on its
view of what is reasonable, fair, and equitable, believed that not all
costs of the Copyright Office should be borne by the user. The major
concern addressed by individual authors and representatives of interest
groups was the size of both proposed increases for registration. Some
significant concerns of the witnesses and commentators are reflected in
the following questions and answers.
1. Based on the Fees Proposed, Who Is Unlikely To Register
Witnesses representing small and mid-size music publishers,
individual songwriters and their estates, and graphic artists and
journalists, newsletter publishers and photographers, as well as a
representative of the Copyright Office's largest single customer stated
that they would be unable to register if fees were
[[Page 29519]]
increased to the proposed levels. Some commentators pointed to the
potential for overall erosion of the value of the copyright
registration record that would result from the inability of many
applicants to afford registration. The link between registration and
the availability of strong remedies for registration afforded by
section 412 of the copyright law concerned most commentators, and one
stated that the assumption that these remedies would be available to
all underlies the premise of reasonable registration fees.
2. Should an Individual Author of Unpublished Works Pay a Lower
Registration Fee
All the groups representing individual authors supported a lower
fee for registrations made by their members, but their request for
reduced fees were not restricted to unpublished works. Some
organizations noted that given the higher susceptibility of published
works to infringement, particularly when placed online, published works
by individual authors should be included in this option.
3. Should There Be Other Distinctions in Assessing Fees
a. Should there be a small business exemption? A number of
organizations favored a small business exemption, offering various
solutions for how the exemption should be crafted. One witness,
however, testified that organizations would be unwilling to disclose
net worth information to qualify for such an exemption. Even
organizations favoring this exemption noted potential problems with
administering the exemption, in addition to expected new costs solely
attributable to its administration.
b. Should there be a higher fee for works made for hire? This two-
tier option was strongly supported by writers' organizations, while
representatives of the motion picture, computer software, and other
industries opposed it. One common interest of groups favoring higher
fees for works for hire was the collective desire to deter publishers
from forcing work made for hire agreements on unwilling authors.
Underlying this concern is their presumption that publisher/employers
are better able to pay higher fees than individual authors.
c. Should the fee be based on the commercial value of the work?
While some organizations urged the Copyright Office to set fees based
on the value of the work, such as a sliding scale related to a work's
expected revenue, most commentators rejected this alternative. This
also could be expected to add significant administrative costs. On the
whole, witnesses and commentators believed the Office should avoid
tying fees to distinctions unrelated to the cost of providing
particular services.
4. Should the Office Exclude Certain Costs That Do Not Relate Directly
to Core Registration/Recordation Functions and Allocate Some
Registration Costs to Other Beneficiaries
Although numerous commentators discussed the detrimental impact
that increased costs would have on the objectives of the copyright
system, three commentators specifically supported the exclusion of
certain costs not directly related to core functions. One urged that
the taxpayer bear a greater portion of registration costs since the
public benefits from the copyright system. Other commentators
questioned whether the statutory mandate of fairness and equity was
addressed in the proposed increase, given that fees would in some cases
more than double current levels.
Finally, commentators stated that the proposed fees threatened the
goals of the copyright system. Emphasizing that the size of the
proposed fee increase threatened erosion of the public record, they
noted the wide range of beneficiaries of the copyright system available
to share the full economic burden of registration. The commentators
left the clear impression that imposing full or nearly full cost
recovery on applicants whose works are marginally profitable and to
whom completion of their own copyright application materials is an
administrative burden will likely cause them to drop out of the system,
vitiating the value of a comprehensive public record of registrations.
A more complete summary of all phases of the Office's work in
setting new copyright fees is included in Analysis and Proposed
Copyright Fee Schedule To Go Into Effect July 1, 1999, the report the
Register submitted to Congress on February 1, 1999.
II. Final Regulations
A. Adoption of new fees for registration, recordation and other
required services
As detailed in the report, after careful consideration of all
hearing testimony and written comments, the Copyright Office determined
it should recommend registration fees that were not as great an
increase as those originally proposed. To avoid undermining the value
of the registration system, particularly for individual authors and
small businesses, thereby reducing the availability of works for the
Library of Congress' collections and programs, the Register reduced the
proposed fee for basic registration from $45 (or $35/$50) to $30. By
maintaining the other fees at the levels proposed to recover reasonable
costs, this fee adjustment responds both to individual authors' wish
not to face a dramatic fee increase that would price them out of the
system and to the Office's obligation to recover more of its operating
costs through fees.
B. Fees Related to Group Registration of Daily Newsletters
In one special adjustment, the Office is amending the group
registration procedure for daily newsletters that are published at
least twice weekly. Information on this amendment is being published
today elsewhere in this issue.
C. Clarification and Consolidation of Fees in Regulatory Text
The Office is also clarifying an existing procedure related to
requests for material under Sec. 202.2(b)(4).
With respect to organization of fee information in the Copyright
Office regulations, these regulations consolidate most fees in one new
section, 37 CFR 201.3, and remove specific references to fees in
disparate sections. In making this consolidation, the Office identifies
in Sec. 201.3(c) fees for certain registration, recordation and related
services including those formerly known as ``statutory fees'' which are
currently located in 17 U.S.C. 708(a)(1)-(9); \2\ identifies in
Sec. 201.3(d) special service fees referred to in section
Sec. 708(a)(10) and formerly located at 37 CFR 201.32; and identifies
in Sec. 201.3(e) fees related to services provided by the Licensing
Division.
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\2\ The Office notes that beginning on July 1, 1999, the fees
currently set out in 17 U.S.C. Sec. 708(a)(1)-(9) will no longer be
in effect. The Office will publish all new fees in the Code of
Federal Regulations, in Copyright Office Circular 4, and on its
website.
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New subsection Sec. 201.3(e) provides a quick reference for certain
services provided by the Licensing Division. Some of the licensing fees
contained in Sec. 201.3(e) relate to basic services described in
Sec. 201.3(c) and have been adjusted; others remain the same. Royalty
payments for compulsory licenses are not included in Sec. 201.3(e).
This reorganization of copyright fees should facilitate public
reference to current fees and the Office's future amendment of fees.
Future fee adjustments will be considered every three years; the
percentage increase, however, is expected to be smaller.
[[Page 29520]]
D. Fees Identified in Other Regulatory Sections
Certain fees relating to submitting royalties under the compulsory
licenses, the processing of Uruguay Round Amendments Act filings, the
charges assessed for services related to providing information under
the Freedom of Information Act, and new services where a final fee has
not been established may be included in other sections of the
regulations.
E. Effective Date
Congress has had 120 days to review the fees submitted to it on
February 1, 1999. No legislation has been enacted barring adoption of
these fees. The Office is, therefore, adopting the proposed fee
schedule for registration, recordation, and other related services
effective July 1, 1999.
List of Subjects
37 CFR Part 201
Copyright, General provisions.
37 CFR Part 202
Copyright, Registration.
37 CFR Part 203
Freedom of Information Act.
37 CFR Part 204
Privacy.
37 CFR Part 211
Mask work protection, Fees.
In consideration of the foregoing, parts 201, 202, 203, 204, and
211 of 37 CFR chapter II are amended as follows:
PART 201--GENERAL PROVISIONS
1. The authority citation for part 201 continues to read as
follows:
Authority: 17 U.S.C. 702.
Sec. 201.2 [Amended]
2. Amend Sec. 201.2(b)(4) by removing ``No charge will be made for
this service.'' and adding in its place ``No charge will be made for
reviewing these materials; the appropriate search fee identified in
Sec. 201.3(c) or Sec. 201.3(d) will be assessed, and the appropriate
copying fee identified in Sec. 201.3(c) or Sec. 201.3(d) will be
assessed if the claimant wants and is entitled to a copy of the
material.''
3. Add a new Sec. 201.3 as follows:
Sec. 201.3 Fees for registration, recordation, and related services,
special services, and services performed by the Licensing Division.
(a) General. This section prescribes the fees for registration,
recordation, and related services, special services, and services
performed by the Licensing Division.
(b) Definitions. For purposes of this section, the following
definitions apply:
(1) Registration, recordation, and related service fee. This is the
fee for a registration or recordation service that the Office is
required to perform under 17 U.S.C., or a directly related service. It
includes those services described in section 708(a)(1)-(9) and
authorized by Pub. L. 105-80.
(2) Special service fee. This is a fee for a special service not
specified in title 17, which the Register of Copyrights may fix at any
time on the basis of the cost of providing the service, as provided by
17 U.S.C. 708(a)(10).
(3) Licensing Division service fee. This is a fee for a service
performed by the Licensing Division.
(c) Registration, Recordation and Related Service Fees. The
Copyright Office has established the following fees for these services:
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Registration, recordation and related services Fees
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(1) Basic registrations: Form TX, Form VA, Form PA, Form $30
SE, (including Short Forms), and Form SR..................
(2) Registration of a claim in a group of contribution to 30
periodicals (GR/CP).......................................
(3) Registration of a renewal claim (Form RE):
<bullet> Claim without Addendum........................ 45
<bullet> Addendum...................................... 15
(4) Registration of a claim in a Mask Work................. 75
(5) Registration of a claim in a group of series (Form SE/ 10
Group) $30 minimum........................................
(6) Registration of a claim in a group of daily newspapers, 55
and qualified newsletters (Form G/DN).....................
(7) Registration of a restored copyright (Form GATT)....... 30
(8) Registration of a claim in a group of restored works 10
(Form GATT Group) $30 minimum.............................
(9) Registration of a correction or amplification to a 65
claim (Form CA)...........................................
(10) Providing an additional certificate of registration... 25
(11) Any other certification, per hour..................... 65
(12) Search--report prepared from official records, per 65
hour......................................................
(13) Search--locating Copyright Office records, per hour... 65
(14) Recordation of documents (single title)............... 50
<bullet> Additional titles (per group of 10 titles).... 15
(15) Recordation of a notice of intention (NIE) to enforce 30
a restored copyright containing no more than one title....
<bullet> Additional NIE titles (each).................. 1
(16) Recordation of Notice of Intention to Make and 12
Distribute Phonorecords...................................
(17) Issuance of a receipt for a deposit................... 4
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\1\ Per issuse.
\2\ Per claim.
(d) Special Service Fees. The Copyright Office has established the
following fees for special services:
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Special services Fees
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(1) Service charge for deposit account overdraft........... $70
(2) Service charge for dishonored deposit account 35
replenishment check.......................................
(3) Service charge for insufficient fee.................... (\1\)
(4) Appeals:
(i) First appeal....................................... 200
Additional claim in related group.................. 20
(ii) Second appeal..................................... 500
Additional claim in related group.................. 20
(5) Secure test processing charge, per hour................ 60
[[Page 29521]]
(6) Copying charge, 15 Pages or fewer...................... 15
Each additional Page over 15........................... .50
(7) Inspection charge...................................... 65
(8) Special handling fee for a claim....................... 500
Each additional claim using the same deposit........... 50
(9) Special handling fee for recordation of a document..... 330
(10) Full-term storage of deposits......................... 365
(11) Surcharge for expedited Certifications and Documents
Section services:
(i) Additional certificates, per hour.................. 75
(ii) In-process searches, per hour..................... 75
(iii) Copy of assignment or other document, per hour... 75
(iv) Certification, per hour........................... 75
(v) Copy of registered deposit:........................
First hour......................................... 95
Each additional hour............................... 75
(vi) Copy of correspondence file:
First hour......................................... 95
Each additional hour............................... 75
(12) Surcharge for expedited Reference & Bibliography
Section searches:
First hour............................................. 125
Each additional hour................................... 95
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\1\ Reserved.
(e) Licensing Division Service Fees. The Copyright Office has
established the following fees for certain services performed by the
Licensing Division:
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Licensing division services Fees
------------------------------------------------------------------------
(1) Recordation of a Notice of Intention to Make and $12
Distribute Phonorecords (17 U.S.C. 115)...................
(2) Certificate of Filing a Notice of Intention (17 U.S.C. 8
115)......................................................
(3) Filing Fee for Recordation of License Agreements under 50
17 U.S.C. 118.............................................
(4) Recordation of Certain Contracts by Cable Television 50
Systems Located Outside the Forty-Eight Contiguous States.
(5) Initial Notice of Digital Transmission of Sound 20
Recording (17 U.S.C. 114).................................
Amendment of 17 U.S.C. 114 Notice...................... 20
(6) Statement of Account Amendment (Cable Television 15
Systems and Satellite Carriers, 17 U.S.C. 111 and 119)....
(7) Statement of Account Amendment (Digital Audio Recording 20
Devices or Media, 17 U.S.C. 1003).........................
(8) Using Public Photocopier, per Page..................... .25
Photocopies Made by Licensing Staff, per Page.......... .40
(9) Search, per hour....................................... 65
(10) Certification of Search Report........................ 65
------------------------------------------------------------------------
4. Amend Sec. 201.4 by revising paragraph (d) to read as follows:
Sec. 201.4 Recordation of transfers and certain other documents.
* * * * *
(d) Fees. The fee for recordation of a document is prescribed in
Sec. 201.3(c).
* * * * *
Sec. 201.5 [Amended]
5. Amend Sec. 201.5(c)(1) by removing ``a fee of $20'' and the
accompanying footnote and adding in its place ``the appropriate fee
identified in Sec. 201.3(c)''.
6. In Sec. 201.9, amend paragraph (a) by adding ``, Licensing
Division'' after ``Copyright Office'', by removing ``this section'' and
adding in its place ``Sec. 201.3'' and by revising paragraph (b) to
read as follows:
Sec. 201.9 Recordation of agreements between copyright owners and
public broadcasting entities.
* * * * *
(b) The fee for recordation of a voluntary license agreement under
this section is the basic recordation fee as prescribed in
Sec. 201.3(c).
* * * * *
7. In Sec. 201.10, revise paragraph (f)(2) to read as follows:
Sec. 201.10 Notices of termination of transfers and licenses covering
extended renewal term.
* * * * *
(f) * * *
(2) The fee for recordation of a document is prescribed in
Sec. 201.3(c).
* * * * *
8. Amend Sec. 201.12 by revising the first sentence of paragraph
(a) and revising paragraph (b) to read as follows:
Sec. 201.12 Recordation of certain contracts by cable systems located
outside of the forty-eight contiguous States.
(a) Written, nonprofit contracts providing for the equitable
sharing of costs of videotapes and their transfer, as identified in
section 111(e)(2) of title 17 of the United States Code as amended by
Pub. L. 94-553, will be filed in the Copyright Office Licensing
Division by recordation upon payment of the prescribed fee. * * *
* * * * *
(b) The fee for recordation of a document is prescribed in
Sec. 201.3.
* * * * *
Sec. 201.18 [Amended]
9. In Sec. 201.18, amend paragraph (e)(1) by removing ``a fee of
$12'' and by adding in its place ``the fee specified in
Sec. 201.3(e)'', by removing ``an additional fee of $8'' and adding in
its place ``the fee specified in Sec. 201.3(e)'', and amend paragraph
(e)(3) by removing ``a fee of $8'' and adding in its place ``the fee
specified in Sec. 201.3(e)''.
Sec. 201.19 [Amended]
10. In Sec. 201.19, amend paragraph (e)(7)(ii)(D) by removing ``a
fee of $8'' and adding in its place ``the fee specified in
Sec. 201.3(e)'' and amend paragraph (f)(7)(iii)(D) by removing ``a fee
of $8'' and adding in its place ``the fee specified in Sec. 201.3(e)''.
11. Amend Sec. 201.25 by revising paragraph (d) to read as follows:
[[Page 29522]]
Sec. 201.25 Visual Arts Registry.
* * * * *
(d) Fee. The fee for recording a Visual Arts Registry statement, a
Building Owner's Statement, or an updating statement is the recordation
fee for a document, as prescribed in Sec. 201.3(c).
* * * * *
12. Amend Sec. 201.26 by revising paragraph (e) to read as follows:
Sec. 201.26 Recordation of documents pertaining to computer shareware
and donation of public domain computer shareware.
* * * * *
(e) Fee. The fee for recording a document pertaining to computer
shareware is the recordation fee for a document, as prescribed in
Sec. 201.3(c).
* * * * *
Sec. 201.32 [Removed and Reserved]
13. Section 201.32 is removed and reserved.
PART 202--REGISTRATION OF CLAIMS TO COPYRIGHT
14. The authority citation for part 202 continues to read as
follows:
Authority: 17 U.S.C. 702.
Sec. 202.3 [Amended]
15. Amend Sec. 202.3(b)(4)(ii)(B) by removing ``A filing fee of
$20'' and adding in its place ``The appropriate filing fee, as required
in Sec. 201.3(c)''.
16. Amend Sec. 202.3(b)(5)(v)(B) by removing ``A filing fee of
$10'' and adding in its place ``The appropriate filing fee, as required
in Sec. 201.3(c)''.
17. Amend Sec. 202.3(b)(6)(i)(E) by removing ``A nonrefundable
filing fee of $40'' and adding in its place ``The appropriate filing
fee, as required in Sec. 201.3(c),''.
18. Amend Sec. 202.3(b)(7)(ii)(C) by removing ``A fee of $20'' and
adding in its place ``The appropriate filing fee, as required in
Sec. 201.3(c),''.
19. Amend Sec. 202.3(b)(8)(vii) by removing ``a filing fee of $10''
and adding in its place ``the appropriate filing fee, as required in
Sec. 201.3(c),''.
20. Amend Sec. 202.3(c)(2) by removing ``a fee of $20'' and adding
in its place ``the appropriate filing fee, as required in
Sec. 201.3(c),''.
Sec. 202.12 [Amended]
21. Amend Sec. 202.12 (c)(3)(i) by removing ``20'' each place it
appears and adding in its place ``30'' and adding after ``work'' in the
last sentence ``, with a minimum fee of US$30''.
22. Amend Sec. 202.12(c)(5)(i) by removing ``$20'' and adding in
its place ``$30''.
23. Amend Sec. 202.12(c)(5)(ii) by adding after ``work'' in the
last sentence ``, with a minimum fee of $30''.
Sec. 202.17 [Amended]
24. Amend Sec. 202.17(g)(2)(ii) by removing ``a fee of $20'' and
adding in its place ``the appropriate fee, as required in
Sec. 201.3(c)''.
Sec. 202.19 [Amended]
25. Amend Sec. 202.19(f)(3) by removing ``a fee of $4'' and adding
in its place ``the appropriate fee, as required in Sec. 201.3(c)''.
Sec. 202.23 [Amended]
26. Amend Sec. 202.23(e)(1) by removing ``at $365.00'' and adding
in its place ``, as prescribed in Sec. 201.3(d),''.
27. Amend Sec. 202.23(e)(2) by removing ``of $365.00'' and adding
in its place ``prescribed in Sec. 201.3(d)''.
PART 203--FREEDOM OF INFORMATION ACT: POLICIES AND PROCEDURES
28. The authority citation for part 203 continues to read as
follows:
Authority: 17 U.S.C. 702; and 5 U.S.C. 552.
Sec. 203.6 [Amended]
29. Amend Sec. 203.6(a) by removing ``section 708 of title 17
U.S.C.'' and adding in its place ``Sec. 201.3 of this chapter''.
30. Amend Sec. 203.6(b)(1) by removing ``$8'' and adding in its
place ``$25''.
31. Amend Secs. 203.6(b)(3) and (b)(4) by removing ``$20'' each
time it appears and adding in its place ``$65''.
32. Amend Sec. 203.6(b)(6) by removing ``$20.00'' and adding in its
place ``$65''.
PART 204--PRIVACY ACT: POLICIES AND PROCEDURES
33. The authority citation for part 204 continues to read as
follows:
Authority: 17 U.S.C. 702; and 5 U.S.C. 552.
Sec. 204.6 [Amended]
34. Amend Sec. 204.6(a) by removing ``under section 708 of title 17
of the United States Code'' and adding in its place ``and identified in
Sec. 201.3 of this chapter''.
PART 211--MASK WORK PROTECTION
35. The authority citation for part 211 continues to read as
follows:
Authority: 17 U.S.C. 702 and 908.
36. Amend Sec. 211.3 by revising paragraph (a) to read as follows:
Sec. 211.3 Mask work fees.
(a) Section 201.3 of this chapter prescribes the fees or charges
established by the Register of Copyrights for services relating to mask
works.
* * * * *
Dated: May 20, 1999.
Marybeth Peters,
Register of Copyright.
Approved by:
James H. Billington,
The Librarian of Congress.
[FR Doc. 99-13736 Filed 5-28-99; 8:45 am]
BILLING CODE 1410-30-P
_______________________________________________
[Federal Register: June 1, 1999 (Volume 64, Number 104)]
[Rules and Regulations]
[Page 29522-29524]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01jn99-15]
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LIBRARY OF CONGRESS
Copyright Office
37 CFR Part 202
[Docket No. RM 99-3]
Registration of Claims to Copyright; Group Registration of Daily
Newsletters
AGENCY: Copyright Office, Library of Congress.
ACTION: Final rule.
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SUMMARY: The Copyright Office of the Library of Congress is adopting a
new regulation that permits group registration of daily newsletters
under conditions similar to those presently in place for group
registration of daily newspapers and for the same fee, but with
different deposit requirements. A claimant in daily newsletters that
are routinely issued at least two days each week may register these
newsletters in a group at a reduced fee, on a single application, if
they meet certain requirements. The group registration privilege is
contingent upon the claimant meeting the conditions specified in the
regulation.
EFFECTIVE DATE: This rule will become effective July 1, 1999.
FOR FURTHER INFORMATION CONTACT: David O. Carson, General Counsel, P.O.
Box 70400, Southwest Station, Washington, DC 20024. Telephone: (202)
707-8380. Telefax (202) 707-8366. Harriet L. Oler, Assistant Register
for Legal Education and Special Programs, Telephone: (202) 707-8350.
Telefax: (202) 707-8366.
SUPPLEMENTARY INFORMATION: Under section 407 of the Copyright Act of
1976, title 17 of the U.S. Code, the owner of copyright, or of the
exclusive right of publication, in a work published in the United
States is required to deposit two copies of the work in the Copyright
Office for the use or
[[Page 29523]]
disposition of the Library of Congress. The deposit is to be made
within three months after such publication. Failure to make the
required deposit does not affect the copyright in the work, but may
subject the copyright owner to fines and other monetary liability if
the failure is continued after a demand for deposit is made by the
Register of Copyrights.
Section 408 of title 17 requires deposit of material in connection
with applications for registration of claims to copyright in
unpublished and published works. Subsection 408(c)(1) authorizes the
Register of Copyrights to establish by regulation the nature of the
deposit that is required. These regulations may require or permit ``a
single registration for a group of related works.''
On December 7, 1990, the Copyright Office issued regulations
permitting group registration of serials [55 FR 50556 (Dec. 7, 1990)];
on September 1, 1992, it issued regulations permitting group
registration of daily newspapers [57 FR 39615 (Sept. 1, 1992)]; and on
March 28, 1995, it issued regulations permitting group registration of
daily newsletters [59 FR 15874 (Mar. 28, 1995)]. The regulations
adopted in 1990 and 1992 continue to govern group registration of
serials other than those daily newsletters qualified to register under
this new regulation.
On October 1, 1998, the Copyright Office conducted public hearings
prior to proposing increased fees for providing certain services
including registration. [Hearing on Proposed Fee Increase, U.S.
Copyright Office (October 1, 1998); 63 FR 43426, (Aug. 13, 1998)]. At
this hearing, and in response to written comments submitted to the
Office during this process, publishers of daily newsletters argued that
they should be entitled to a price reduction for registering groups of
claims similar to that presently enjoyed by publishers of daily
newspapers. The Office agrees that daily newsletters should be treated
similarly in terms of required registration fees, but it believes that
the deposit requirements for daily newsletters should be different in
order to respond to the acquisitions needs of the Library of Congress.
Definition
For purposes of this regulation, a daily newsletter is defined as a
serial published and distributed by mail or electronic media (online or
telefacsimile) or in any medium including, but not limited to, paper,
cassette tape, diskette or CD-ROM. Publication must occur on at least
two days each week and the newsletter must contain news or information
of interest chiefly to a special group (for example, trade and
professional associations, corporate in-house groups, schools,
colleges, or churches).
Requirements
The Copyright Office is now amending its regulation that permits
group registration of daily newsletters in order to permit qualified
newsletters that meet all of the specified conditions to use the same
form and pay the same fee as daily newspapers. Under the regulation,
daily newsletters that are published routinely on at least two days
each week may be registered in groups at a reduced fee if all other
requirements are met. Claimants in works that meet these qualifications
may register all newsletters bearing issue dates within a single
calendar month under the same continuing title on a single Form G/DN
with the deposit specified below. Each issue must be an essentially new
collective work or all new issue that has not been published before and
must be a work made for hire. The author(s) and claimant(s) must be the
same for all of the issues. To accommodate the Library's need for
timely receipt of these published materials, registration of the group
must be sought within three months from the date of publication of the
last issue included in the group registration application. If a
claimant wishes to register a claim in a group of daily newsletters
that meet the above definition, but is unable to submit the deposit
requested by the Library or has failed to seek registration within the
prescribed three months from the publication date of the last issue
included in the group, that claimant is not eligible for this group
registration and may file Form SE or Short Form SE, along with the fee
corresponding to the appropriate form.
Deposit
The deposit required for a group of daily newsletters on form G/DN
shall be as follows: One complete copy of each issue included in the
group must be submitted with the application form. In addition, if the
Library of Congress makes a written request before an application for
registration is submitted, the claimant must give the Library up to two
complimentary subscriptions of the specified newsletter or, at the
Library's alternative written request, a single microfilm of the issues
included in the group. Any microfilm deposit must consist of positive,
35 mm silver halide microfilm meeting the Library's best edition
criteria that reproduces in their entirety all issues published as
final editions with issue dates in the designated calendar month.
Effective Date
This regulation and the new procedures it establishes will be
applied prospectively only to the issues of daily newsletters first
published on or after the effective date of the regulation. The
regulation is issued in final form for these reasons: The regulation
confers a positive benefit on the public affected; the regulation
establishes an optional procedure; other procedures are available for
registering newsletters; and the Copyright Office prepared the
regulation based upon its experience in administering other group
registrations and its review of comments received in response to an
earlier request for comments. [63 FR 43426 (Aug. 13, 1998)].
List of Subjects in 37 CFR Part 202
Copyright registration.
Final Regulation
In consideration of the foregoing, the Copyright Office amends 37
CFR part 202 in the manner set forth below:
PART 202--REGISTRATION OF CLAIMS TO COPYRIGHT
1. The authority citation for part 202 continues to read as
follows:
Authority: 17 U.S.C. 702, 202.3, 202.19, 202.20, 202.21, and
202.22 are also issued under 17 U.S.C. 407 and 408.
2. In Sec. 202.3, paragraph (b)(8) and the footnote to paragraph
(c)(2) are revised to read as follows:
Sec. 202.3 Registration of Copyright
* * * * *
(b) * * *
(8) Group registration of daily newsletters. Pursuant to the
authority granted by 17 U.S.C. 408(c)(1), the Register of Copyrights
has determined that, on the basis of a single application, deposit, and
filing fee, a single registration may be made for a group of two or
more issues of a daily newsletter if the following conditions are met:
(i) As used in this regulation, daily newsletter means a serial
published and distributed by mail or electronic media (online or
telefacsimile), or in any medium including but not limited to, paper,
cassette tape, diskette or CD-ROM). Publication must occur on at least
two days each week and the newsletter must contain news or information
of interest chiefly to a special group (for example, trade and
professional associations, corporate in-house groups, schools,
colleges, or churches).
(ii) The works must be essentially all new collective works or all
new issues that have not been published before.
[[Page 29524]]
(iii) Each issue must be a work made for hire.
(iv) The author(s) and claimant(s) must be the same person(s) or
organization(s) for all of the issues.
(v) All the items in the group must bear issue dates within a
single calendar month under the same continuing title.
(vi) Deposit. (A). The deposit for newsletters registered under
this section is one complete copy of each issue included in the group.
(B). In addition, if requested in writing by the Copyright
Acquisitions Division before an application for registration is
submitted, the claimant must give the Library of Congress whichever of
the following the Library prefers: either as many as two complimentary
subscriptions of the newsletter in the edition most suitable to the
Library's needs, or a single positive, 35 mm silver halide microfilm
meeting the Library's best edition criteria that includes all issues
published as final editions in the designated calendar month.
Subscription copies must be delivered to the separate address specified
by the Copyright Acquisitions Division in its request. Subscription
copies or a microfilm are not required unless expressly requested by
the Copyright Acquisitions Division.
(C) The copyright owner of any newsletter that cannot meet the
criteria set out in this section may continue to register on Form SE or
Short Form SE.
(vii) Registration is sought within three months after the
publication date of the last issue included in the group.
(viii) A Form G/DN shall be submitted for daily newsletters bearing
issue dates within a single month, together with one copy of each
issue, and a filing fee. The application shall designate the first and
last day that issues in the group were published.
* * * * *
(c) * * *
(2) * * * \6\
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\6\ In the case of applications for group registration of
newspapers, contributions to periodicals, and newsletters, under
paragraphs (b)(6), (b)(7), and (b)(8) of this section, the deposits
shall comply with the deposits specified in the respective
paragraphs, and the fees with those specified in Sec. 201.3.
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* * * * *
Dated: May 17, 1999.
Marybeth Peters,
Register of Copyrights.
Approved by:
James H. Billington,
The Librarian of Congress.
[FR Doc. 99-13737 Filed 5-28-99; 8:45 am]
BILLING CODE 1410-30-P