[Federal Register: March 7, 2002 (Volume 67, Number 45)]
[Rules and Regulations]
[Page 10329]
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LIBRARY OF CONGRESS
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.
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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-
8366.
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
202.3(b)(7)(i)(E).
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.
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.
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
legible.
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]
BILLING CODE 1410-30-P