[Federal Register: November 15, 1996 (Volume 61, Number 222)]
[Proposed Rules]
[Page 58497]
[[Page 58497]]
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LIBRARY OF CONGRESS
Copyright Office
37 CFR Part 202
[Docket No. 96-6]
``Best Edition'' of Published Copyrighted Works for the
Collections of the Library of Congress
AGENCY: Copyright Office, Library of Congress.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Copyright Office of the Library of Congress is proposing
amendments to the regulations regarding the deposit of the ``best
edition'' of published motion pictures. The purpose of the proposed
rule is to remove the ``most widely distributed gauge'' as a selection
factor of the ``best edition'' and add new videotape formats to the
prioritized list of material preferences based on current industry
practices.
DATES: Comments should be received on or before December 6, 1996.
ADDRESSES: If sent BY MAIL, ten copies of written comments should be
addressed to Marilyn J. Kretsinger, Acting General Counsel, Copyright
GC/IR, P.O. Box 70400, Southwest Station, Washington, D.C. 20024.
Telephone: (202) 707-8380. Telefax: (202) 707-8366. If BY HAND, ten
copies should be brought to: Office of the General Counsel, Copyright
Office, James Madison Memorial Building, Room LM-407, First and
Independence Avenue, S.E., Washington, D.C. 20540.
FOR FURTHER INFORMATION CONTACT: Marilyn J. Kretsinger, Acting General
Counsel, Copyright GC/IR, P.O. Box 70400, Southwest Station,
Washington, D.C. 20024. Telephone: (202) 707-8380. Telefax: (202) 707-
8366.
SUPPLEMENTARY INFORMATION: Sections 407 and 408 of title 17, United
States Code, require that for published works the copies or
phonorecords deposited in the Copyright Office be of the ``best
edition.'' ``The `best edition' of a work is the edition, published in
the United States, at any time before the date of deposit, that the
Library of Congress determines to be most suitable for its purposes,''
17 U.S.C. 101.
``When two or more editions of the same version of a work have been
published, the one of the highest quality is generally considered to be
the `best edition'.'' 37 CFR 202, APP. B. The Copyright Office has
published regulations that set out the Library's specific criteria on
what is the best edition. See generally 37 CFR 202.19, 202.20 and
Appendix B to Part 202 -- ``Best Edition'' of Published Copyrighted
Works for the Collections of the Library of Congress. These regulations
give the selection criteria to be applied in determining the best
edition of each of several types of materials, these criteria list
formats in descending order of importance. Id. The criteria for
``Motion Pictures'' is set forth in 37 CFR 202, APP. B III.
For a number of years, the Library of Congress has used ``gauge in
which most widely distributed'' as a high ranking preference in its
selection of both film print and videotape. At its inception, this
criterion permitted the Library to acquire copies that met the
Library's standards for archival quality while working to the benefit
of the motion picture industry as well. Copies originally deposited to
meet this criterion were typically 35mm prints rather than the more
limited 70mm prints and \3/4\'' videotapes rather than the 2''
videotape broadcast medium.
Over the years, the application of this criterion began to work
against the archival interests of the Library. The primary reason for
this change has been the wide use of VHS \1/2\'' videotape. For the
last ten years, when two or more tape gauges have been distributed, the
VHS \1/2\'' videotape typically has been the most widely distributed
and therefore under the Library's criteria, the best edition. The
Library does not consider this particular \1/2\'' gauge to represent an
acceptable archival quality medium. The Library has concluded that use
of the ``most widely distributed gauge'' in the area of film prints is
now detrimental to the interests of the Library of Congress.
During this same period, the 1'' videotape became the industry
standard as the broadcast gauge, and the 2'' gauge became almost
obsolete. The 1'' gauge is less expensive and bulky than the 2'' gauge
and is an excellent archival medium. At this time, therefore, the 1''
format is the highest quality format in the videotape medium.
The television industry is currently widely using several new \1/
2\'' videotape formats, including the Betacam and the D-2 cassette,
because of their high quality. These formats were not available when
the best edition criteria were developed. The Library has determined
that both of these formats meet its archival standards and are superior
to the \3/4\'' videotape.
The Office is, therefore, proposing to amend its regulations to
remove the ``gauge in which most widely distributed'' as a criterion in
Appendix B, III and to add the new high quality videotape formats.
List of Subjects in 37 CFR Part 202
Claims, Copyright.
Proposed Regulations
In consideration of the foregoing, the Copyright Office amends 37
CFR part 202 in the manner set forth below:
PART 202--[AMENDED]
Appendix B to Part 202--``Best Edition'' of Published Copyrighted Works
for the Collections of the Library of Congress
1. The authority citation for part 202 continues to read as
follows:
Authority: 17 U.S.C. 702.
2. In part 202. Appendix B, ``III. Motion Pictures'' is revised to
read as follows:
* * * * *
III. Motion Pictures
Film medium is considered a better quality than any other medium.
The formats under ``film'' and ``videotape'' are listed in descending
order of preference:
A. Film:
1. Preprint material with special arrangement.
2. 35mm positive prints.
3. 16mm positive prints.
B. Videotape:
1. One-inch open reel tape.
2. Betacam cassette.
3. D-2 cassette.
4. Videodisc.
5. Three-quarter inch cassette.
6. One-half inch VHS cassette.
* * * * *
Dated: November 4, 1996.
Marybeth Peters,
Register of Copyrights.
Approved by:
James H. Billington,
The Librarian of Congress.
[FR Doc. 96-29199 Filed 11-14-96; 8:45 am]
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