[Federal Register: March 7, 2002 (Volume 67, Number 45)]

[Rules and Regulations]               

[Page 10329]



Copyright Office

37 CFR Part 202

[Docket No. 2002-2]


Registration of Claims to Copyright: Group Registration of 

Contributions to Periodicals

AGENCY: Copyright Office, Library of Congress.

ACTION: Final rule.


SUMMARY: This amendment publishes as a final rule an existing practice 

which makes it easier for applicants to register a group of 

contributions to periodicals by expanding the number of acceptable 

deposits relating to registering on a single application groups of 

contributions to periodicals. The expanded number of acceptable 

deposits is both consistent with the intent of copyright law and the 

existing practices.

EFFECTIVE DATE: March 7, 2002.

FOR FURTHER INFORMATION CONTACT: Kent Dunlap, Principal Legal Advisor 

for the General Counsel, Telephone: (202) 707-8380. Fax: (202) 707-


SUPPLEMENTARY INFORMATION: Section 408(c)(2) of title 17 authorizes the 

Register of Copyrights to establish a procedure permitting a single 

registration for groups of contributions to periodicals published by 

the same author within a twelve month period. Current regulations 

designate the deposit as ``one copy of the entire issue of the 

periodical, or of the entire section in the case of a newspaper, in 

which each contribution was first published.'' 37 CFR 


    The above designated deposit proved a hardship for many applicants 

who did not have immediate access to either the entire issue or the 

entire section in which each contribution was first published. As a 

result over the past several years, the Examining Division has 

permitted a number of alternative deposits under the special relief 

provision of the deposit regulation. Among the alternatives were 

photocopies of the contribution or copies of the contribution cut or 

torn from the collective work. These alternative deposits permitted 

under special relief were broadly consistent with the wide variety of 

deposits see, e.g. 66 FR 37142 (July 17, 2001), the Office has accepted 

since 1978 in compliance with the spirit of administrative flexibility 

Congress indicated the Register had in order to ensure that the deposit 

requirement was reasonable and non-burdensome for the applicant. See 

generally H.R. Rep. No. 94-1476 150-155 (1976). Permitting deposit 

without the entire issue or periodical will not diminish the public 

record since the application form used for these works elicits specific 

information on the periodical in which the contribution was published.

    This regulation is issued without inviting public comment for these 

reasons: the regulation confers a positive benefit on the public 

affected; the regulation establishes an optional procedure only; and 

the Copyright Office prepared the regulation based on its past 

experience in administering the deposit provisions for this kind of 

works including its experience with the types of alternative deposits 

frequently submitted by applicants. By this Federal Register notice, 

the Copyright Office is merely incorporating these alternative deposits 

for group registration of contributions to periodicals into the 

relevant deposit regulation.

List of Subjects in 37 CFR Part 202

    Claims to copyright, Copyright registration, Registration of claims 

to copyright.

Final Regulation

    On consideration of the foregoing, the Copyright Office is amending 

part 202 of 37 CFR, chapter II in the manner set forth below.


    1. The authority citation for part 202 continues to read as 


    Authority: 17 U.S.C. 702.

    2. Section 202.3(b)(7)(i)(E) is revised to read as follows:

Sec. 202.3  Registration of copyright.

* * * * *

    (b) * * *

    (7) * * *

    (i) * * *

    (E) The deposit accompanying the application must consist of one of 

the following: one copy of the entire issue of the periodical, or, in 

the case of a newspaper, the entire section containing the 

contribution; tear sheets or proof copies of the contribution; a 

photocopy of the contribution itself, or a photocopy of the entire page 

containing the contribution; the entire page containing the 

contribution cut or torn from the collective work; the contribution cut 

or torn from the collective work; or photographs or photographic slides 

of the contribution or entire page containing the contribution as long 

as all contents of the contribution to be registered are clear and 


    Dated: February 26, 2002.

Marybeth Peters,

Register of Copyrights.

    Approved by:

James H. Billington,

Librarian of Congress.

[FR Doc. 02-5456 Filed 3-6-02; 8:45 am]