[Federal Register: May 31, 2002 (Volume 67, Number 105)]
[Rules and Regulations]
[Page 38003-38006]
-----------------------------------------------------------------------
LIBRARY OF CONGRESS
Copyright Office
37 CFR Part 201 and 212
[Docket No. RM 2002-3]
Fees
AGENCY: Copyright Office, Library of Congress.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Copyright Office of the Library of Congress is publishing
a final rule establishing adjusted fees for certain of its services.
The basic fee for registration of an original work of authorship is not
affected; however, related registration and recordation fees will be
adjusted. These adjustments include a number of increased fees, the
elimination of one fee, and the lowering of another. Adjusted fees will
be effective July 1, 2002. This final rule assumes that no legislative
action will take place before July 1, 2002.
[[Page 38004]]
EFFECTIVE DATE: July 1, 2002.
FOR FURTHER INFORMATION CONTACT: Marilyn J. Kretsinger, Assistant
General Counsel or Patricia Sinn, Senior Attorney, P.O. Box 70400,
Southwest Station, Washington, DC 20024. Telephone: (202) 707-8380;
Fax: (202) 707-8366.
SUPPLEMENTARY INFORMATION: This final rule adjusts Copyright Office
fees in accordance with the applicable provisions of title 17, United
States Code, and the Technical Amendments Act, Pub. L. No. 105-80, 111
Stat. 1529 (1997).
The Office submitted its proposed fee schedule to Congress on
February 28, 2002. Congress has 120 days in which it could enact a law
if it does not approve the schedule. If no such legislation is enacted
the fees may be instituted. Should such legislation be enacted, the
Copyright Office will publish a document in the Federal Register to
notify its customers that this final rule and certain of the fees
established herein will not take effect. Copyright customers should
refer to the official Copyright Office website (www.copyright.gov) for
the most current fee amounts. Official notices of any fee changes will
also be published in the Federal Register.
Background
Statutory Provisions
In 1997 Congress authorized the Register of Copyrights to implement
fees for services that were formerly set by Congress under a new
procedure which first required the Register to conduct a study of the
costs incurred for the registration of claims, the recordation of
documents, and the provision of services. If the Register determines
that fees should be adjusted after the review of all statutory
criteria, the Register prepares a proposed fee schedule and submits the
schedule and the accompanying economic analysis to Congress. The fees
proposed in that schedule may be instituted in 120 days unless Congress
enacts a law within that 120 day period stating that it does not
approve the schedule. Technical Amendments Act, Pub L. 105-80, 111
Stat. 1529 (1997).
In 1998, the Copyright Office initiated a process to adjust fees by
publication of a notice. 63 FR 43426 (August 13, 1998). At the end of
the process, the Register forwarded a report with a proposed fee
schedule to Congress on February 1, 1999, and increased most of its
fees including the basic registration fees on July 1, 1999. See 64 FR
29518 (June 1, 1999). Implementation of the new system established by
Congress means that the Office's fee schedule for certain services
specified in title 17 as well as other special services is set out in
regulations rather than in title 17. See 37 CFR 201.3.
Fee Adjustment Level
When it adjusted fees in 1998-1999, the Office decided that it
should next consider adjusting fees three years after that adjustment.
Following a cost analysis initiated in fiscal year 2000, and completion
of the other necessary steps, the Register forwarded a proposed fee
schedule and the accompanying economic analysis to Congress on February
28, 2002. In the absence of legislation directing otherwise, the new
fee schedule will take effect on July 1, 2002.
The proposed new fee schedule was submitted after the Office had
both (1) completed the economic analysis required, evaluating the costs
of providing the mandatory services identified in title 17, and (2)
made a determination that the other statutory criteria, including the
requirement that fees ``should also be fair and equitable and give due
considerations to the objectives of the copyright system,'' 17 U.S.C.
708(b)(4), had been met.
At the conclusion of this analysis, the Register concluded that a
number of fees needed to be increased to recover the full cost of
providing the service; certain other fees needed to be increased
slightly by the rate of inflation to maintain cost recovery; and the
rest of the fees based on current and projected cost recovery should
not be adjusted at this time. Services for which fees were increased to
achieve or maintain cost recovery for providing the service include
making a renewal registration, registering an original vessel hull
design, recording a document, searching and preparing a report from
Copyright Office records, and recording a designated online service
provider agent.
For a number of reasons, the Register determined that an adjustment
of the basic registration filing fee, which the Office had increased by
50% in 1999, was not warrented at this time. In her submission to
Congress, the Register noted the level of cost recovery registration
fees enjoyed in FY 2000 and FY 2001, the large increases imposed on the
public in recent years, the negative effects of the decline in
registrations that follow every fee increase, the costs associated with
increasing the fee, and the changes in processing anticipated from the
Copyright Office's business process re-engineering effort.
For public policy reasons, the Office eliminated the fee for
inspection of Copyright Office records and also reduced the minimum
cost for the first 15 pages of photocopying. Other statutory fees
remain at the same level set in 1999.
In July of 1998, the Office adjusted non-statutory fees in a
separate proceeding. For convenience, the non-statutory fees are slated
for adjustment on the same schedule as statutory fees.
The ``Analysis and Proposed Copyright Fee Schedule To Go Into
Effect July 1, 2002'' which was submitted to Congress is posted online
at http://www.copyright.gov/reports/fees2002.html, in PDF format.
Other Considerations
As discussed above, this final rule establishes copyright fees for
certain services adjusted in the manner required by Congress.
Therefore, prior notice and an opportunity for public comment are not
required pursuant to 5 U.S.C. 553 (or any other law). The Office did
post the proposed schedule on its website and is publishing the new
fees in the Federal Register more than 30 days before they go into
effect.
Regulatory Flexibility Act
Although the Copyright Office, as a department of the Library of
Congress and part of the legislative branch, is not an ``agency subject
to the Regulatory Flexibility Act,'' 5 U.S.C. 601-612, the Register of
Copyrights has considered the effect of these fee adjustments on
individual authors and small entities. The Register does not propose
increasing the basic registration fee and has issued more regulations
permitting group registrations for individual authors. The Register has
determined that the final regulations will not have a significant
economic impact on a substantial number of individual authors or small
entities that would require provision of special relief for small
entities in the regulations, and that the final regulations are, to the
extent consistent with the stated objectives of applicable statutes,
designed to minimize any significant economic impact on small entities.
A comparison of existing and new fee amounts is included as an
Appendix to the preamble.
List of Subjects
37 CFR Part 201
Copyright, General provisions.
37 CFR Part 212
Design, Fees, Registration, Vessel hulls.
[[Page 38005]]
Final Rule
In consideration of the foregoing, parts 201 and 212 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.
2. Section 201.3(c) and (d) are revised to read as follows:
Sec. 201.3 Fees for registration, recordation, and related services,
special services, and services performed by the Licensing Division.
* * * * *
(c) Registration, recordation and related service fees. The
Copyright Office has established the following fees for these services:
------------------------------------------------------------------------
Registration, recordation and related services Fees
------------------------------------------------------------------------
(1) Registration of a basic claim in an original work of $30
authorship: Forms TX, SE, PA, VA (including Short Form) and
Form SR.......................................................
(2) Registration of a claim in a group of contributions to a 30
periodical (GR/CP)............................................
(3) Registration of a renewal claim (Form RE):
Claim without Addendum..................................... 60
Addendum................................................... 30
(4) Registration of a claim in a mask work (Form MW)........... 75
(5) Registration of a claim in a group of serials (Form SE/ 15
Group) [per issue, with $45 minimum]..........................
(6) Registration of a claim in a group of daily newspapers and 55
qualified newsletters (Form G/D N)............................
(7) Registration of a claim in a restored copyright (Form GATT) 30
(8) Registration of a claim in a group of restored works (Form 15
GATT/Group) [per issue, with $45 minimum].....................
(9) Registration of a correction or amplification to a claim 100
(Form CA).....................................................
(10) Providing an additional certificate of registration....... 30
(11) Certification of other Copyright Office records (per hour) 80
(12) Search--report prepared from official records (per hour).. 75
(13) Location of Copyright Office records (per hour)........... 80
Location of in-process materials (per hour)................ 100
(14) Recordation of document (single title).................... 80
Additional titles (per group of 10 titles)................. 20
(15) Recordation of a Notice of Intention to Enforce (NIE) a 30
restored copyright containing no more than one title..........
Additional NIE titles (each)............................... 1
(16) Recordation of Notice of Intention to Make and Distribute 12
Phonorecords..................................................
(17) Issuance of a receipt for a Sec. 407 deposit............. 10
------------------------------------------------------------------------
(d) Special service fees. The Copyright Office has established the
following fees for special services:
------------------------------------------------------------------------
Special services Fees
------------------------------------------------------------------------
(1) Service charge for deposit account overdraft.............. $100
(2) Service charge for dishonored deposit account 35
replenishment check..........................................
(3) Appeals:
(i) First appeal.......................................... 200
Additional claim in related group..................... 20
(ii) Second appeal........................................ 500
Additional claim in related group..................... 20
(4) Secure test processing charge, per hour................... 60
(5) Copying of Copyright Office Records by staff, per page .50
(black & white)..............................................
(6) Special handling fee for a claim.......................... 580
Each additional claim using the same deposit.............. 50
(7) Special handling fee for recordation of a document........ 330
(8) Full-term retention of a published deposit................ 425
(9) Expedited Reference and Bibliography search and report 250
(surcharge, per hour)........................................
(10) Expedited Certification & Documents services (surcharge, 200
per hour)....................................................
------------------------------------------------------------------------
* * * * *
Sec. 201.38 [Amended]
3. Section 201.38 is amended as follows:
a. In paragraph (e), remove ``$20.00'' and add ``$30'' in its
place.
b. In paragraph (f), remove ``$20.00'' and add ``$30'' in its
place.
PART 212--PROTECTION OF VESSEL HULL DESIGNS
4. The authority citation for Part 212 continues to read as
follows:
Authority: 17 U.S.C. chapter 13.
Sec. 212.2 [Amended]
5. Section 212.2 is amended as follows:
a. In paragraphs (a) and (b), remove ``$75'' each place it appears
and add ``$140'' in its place.
b. In paragraph (d)(1), remove ``$500'' and add ``$580'' in its
place.
c. In paragraph (e), remove ``$65'' and add ``$100'' in its place.
d. In paragraph (f), remove ``$50'' and add ``$80'' in its place.
e. In paragraph (g), remove ``$25'' and add ``$30'' in its place.
f. In paragraph (h), remove ``$65'' and add ``$75'' in its place.
Sec. 212.5 [Amended]
6. In Sec. 212.5(c)(4), remove ``$50'' and add ``$80'' in its
place.
Dated: May 16, 2002.
Marybeth Peters,
Register of Copyright.
Approved by:
James H. Billington,
The Librarian of Congress.
Note: The following appendix will not appear in the Code of
Federal Regulations.
[[Page 38006]]
Appendix.--Comparison of Existing and New Fee Amounts
----------------------------------------------------------------------------------------------------------------
Old Fee Fee
----------------------------------------------------------------------------------------------------------------
Registration, Recordation and Related Service
----------------------------------------------------------------------------------------------------------------
(1) Registration of a basic claim in an original $30 $30
work of authorship (Forms TX, SE, PA, SR, VA
including Short Form and Form SR).
(2) Registration of a claim in a group of 30 30
contributions to a periodicals (GR/CP).
(3) Registration of a renewal claim (Form RE) 45 60
claim without addendum.
RE addendum................................. 15 30
(4) Registration of a claim in a mask work (Form 75 75
VA).
(5) Registration of a claim in a group of 10/issue-- 15/issue--
serials (Form SE/Group). 30 minimum 45 minimum
(6) Registration of a claim in a group of daily 55 55
newspapers, and qualified newsletters (Form G/
DN).
(7) Registration of a restored copyright (Form 30 30
GATT).
(8) Registration of a claim in a group of 10/claim-- 15/claim--
restored works (Form GATT/Group). 30 minimum 45 minimum
(9) Registration of a claim in a vessel hull 75 140
(Sec. 212.2).
(10) Registration of a correction or 65 100
amplification to a claim (Form CA).
(11) Providing an additional certificate of 25 30
registration.
(12) Certification of other Copyright Office 65 80
records (per hour).
(13) Search--report prepared from official 65 75
records (per hour).
Location and retrieval of Copyright Office 65 80
records (per hour).
Location and retrieval of in-process 65 100
materials (per hour).
(14) Recordation of document (single title)..... 50 80
Additional titles (per group of 10 titles).. 20 20
(15) Recordation of a notice of intention to 30 30
enforce (NIE) a restored copyright containing
no more than one title.
Additional NIE titles (each)................ 1 1
(16) Recordation of Notice of Intention to Make 12 12
and Distribute Phonorecords.
(17) Issuance of a Receipt for a Sec. 407 4 10
deposit.
(18) Recording on-line service provider 20 30
designation (Sec. 201.38).
----------------------------------------------------------------------------------------------------------------
Special Services
----------------------------------------------------------------------------------------------------------------
(1) Service charge for deposit account overdraft $70 $100
(2) Service charge for dishonored deposit 35 35
account replenishment check.
(3) Appeals:
(i) First appeal............................ 200 200
Additional claim in related group....... 20 20
(ii) Second appeal.......................... 500 500
Additional claim in related group....... 20 20
(4) Secure test processing charge, per hour..... 60 60
(5) Copying of Copyright Office Records by $15 min .50
staff, per page (black & white).
(6) Inspection Charge (per hour)................ 65 N/A
(7) Special handling fee for a claim............ 500 580
Each additional claim using the same deposit 50 50
(8) Special handling fee for recordation of a 330 330
document.
(9) Full-term retention of a published deposit.. 365 425
(10) Expedited Bibliography and Reference search 125/first hr. 250
& report (surcharge, per hour). 95/add'l hrs.
(11) Expedited Certification & Documents variable 200
(surcharge, per hour). ($75-$95/hour)
----------------------------------------------------------------------------------------------------------------
[FR Doc. 02-13387 Filed 5-30-02; 8:45 am]
BILLING CODE 1410-30-P