[Federal Register Volume 64, Number 104 (Tuesday, June 1, 1999)]
[Rules and Regulations]
[Pages 29522-29524]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 99-13737]
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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unpublished and published works.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