FR Doc 04-23298

[Federal Register: October 18, 2004 (Volume 69, Number 200)]
[Proposed Rules]
[Page 61325-61334]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18oc04-13]

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LIBRARY OF CONGRESS

37 CFR Parts 252, 257, and 259

[Docket No. RM 2004-6 CARP]

Filing of Claims for Cable, Satellite, and DART Royalties

AGENCY: Copyright Office, Library of Congress.

ACTION: Proposed rule.

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SUMMARY: The Copyright Office of the Library of Congress is proposing
to amend its regulations governing the filing of claims to allow for
the on-line submission of cable, satellite, and DART claims and to
require claimants file their claims by hand delivery or by mail using
forms created by the Copyright Office.

DATES: Comments must be received no later than November 17, 2004.

ADDRESSES: If hand delivered by a private party, an original and five
copies of comments should be brought to Room LM-401 of the James
Madison Memorial Building and the envelope should be addressed as
follows: Office of the General Counsel/CARP, U.S. Copyright Office,
James Madison Memorial Building, Room LM-401, 101 Independence Avenue,
SE., Washington, DC 20559-6000 between 8:30 a.m. and 5 p.m. If
delivered by a commercial courier, an original and five copies of
comments must be delivered to the Congressional Courier Acceptance Site
located at 2nd and D Streets, N.E. between 8:30 a.m. and 4 p.m. The
envelope should be addressed as follows: Office of the General Counsel/
CARP, Room LM-403, James Madison Memorial Building, 101 Independence
Avenue, SE., Washington, DC. If sent by mail (including overnight
delivery using U.S. Postal Service Express Mail), an original and five
copies of comments should be addressed to: Copyright Arbitration
Royalty Panel (CARP), PO Box 70977, Southwest Station, Washington, DC.
20024. Comments may not be delivered by means of overnight delivery
services such as Federal Express, United Parcel Service, etc., due to
delays in processing receipt of such deliveries.

FOR FURTHER INFORMATION CONTACT: David O. Carson, General Counsel, or
Gina Giuffreda, Attorney-Advisor, Copyright Arbitration Royalty Panel
(CARP), PO Box 70977, Southwest Station, Washington, DC 20024.
Telephone: (202) 707-8380. Telefax: (202) 252-3423.

SUPPLEMENTARY INFORMATION:

Background

The Copyright Act directs the Copyright Office to collect royalties
paid by cable systems and satellite carriers for the retransmission of
over-the-air broadcast signals, 17 U.S.C. 111(d)(4)(A), 119(b)(4)(A),
respectively, as well as royalties paid by manufacturers and importers
of digital audio recording devices and media (``DART'') who distribute
the products in the United States. 17 U.S.C. 1003. Eligibility to
receive royalties from any of these three funds is predicated upon the
submission of a claim during the time specified by statute: DART claims
must be filed during the months of January and February, 17 U.S.C.
1007; cable and satellite claims must be filed during the month of
July, 17 U.S.C. 111, 119.\1\
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\1\ In any year in which the last day of February falls on
Saturday, Sunday, a holiday or other nonbusiness day within the
District of Columbia or the Federal Government, DART claims received
by the Copyright Office by the first business day in March, or
properly addressed and deposited with sufficient postage with the
United States Postal Service by the first business day in March and
bearing a U.S. postmark shall be considered timely filed. 37 CFR
259.5(b). Likewise, in any year in which July 31 falls on Saturday,
Sunday, a holiday or other nonbusiness day within the District of
Columbia or the Federal Government, cable and satellite claims
received by the Copyright Office by the first business day in August
or claims that are properly addressed and deposited with sufficient
postage with the United States Postal Service by the first business
day in August and bearing a U.S. postmark shall be considered timely
filed. 37 CFR 252.4(b), 257.4(b).
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Prior to 2002, claims to the cable, satellite, and DART royalties
generally were considered timely filed with the Copyright Office only
if they were hand delivered to the correct location within the
Copyright Office during the requisite month, or if the claim was mailed
to the correct address and bore the appropriate U.S. Postal Service
postmark. However, in October 2001, concerns about possible anthrax
contamination of mail addressed to facilities in the District of
Columbia caused severe disruptions of postal service to the Copyright
Office. See 66 FR 62942 (December 4, 2001) and 66 FR 63267 (December 5,
2001). As a result, the Copyright Office announced alternative methods
for the filing of DART, cable, and satellite claims for the claim year
2001. See 67 FR 5213 (February 5, 2002) and 67 FR 21176 (April 30,
2002). Specifically, the Office waived its CARP regulations requiring
that claims bear the original signature of the copyright owner claimant
or of a duly authorized representative of the copyright owner claimant
to allow the submission of claims via electronic mail as file
attachments to specified mailboxes. 67 FR 5213 (February 5, 2002) and
67 FR 21176, 21177 (April 30, 2002). Additionally, since the volume of
DART claims received by the Office is significantly lower than that of
cable and satellite claims, the Office also waived its CARP regulation
prohibiting the filing of claims by facsimile transmission and allowed
DART claims to be filed via facsimile. See 67 FR 5214 (February 5,
2002).
Although mail delivery to the Copyright Office resumed, the Office
continued to experience delays in the receipt of mail due in part to
the diversion of all incoming mail to an off-site location for
screening. Consequently, the Office again waived its CARP regulations
that required an original signature and prohibited the submission of
DART claims via facsimile transmission, and the Office offered
alternative methods for the electronic filing of DART, cable, and
satellite claims for the claim years 2002 and 2003. However, instead of
submitting claims via electronic mail, claimants were allowed to make
on-line submissions of claims. DART: See 67 FR 71477 (December 2, 2002)
and 68 FR 74481 (December 24, 2003); cable and satellite: See 68 FR
32381 (May 30, 2003) and 69 FR 30577 (May 28, 2004).
As noted in the May 28, 2004, Notice regarding the filing of claims
to the 2003 cable and satellite royalty funds, the Office's mail will
continue to be diverted to an off-site location for screening.
Moreover, problems associated with untimely filings of claims by mail,
see Metro-Goldwyn-Mayer Studios, Inc. v. Peters, 309 F. Supp.2d. 48
(D.D.C. 2004), and Universal Studios LLLP v. Peters, 308 F. Supp.2d. 1
(D.D.C. 2004), have led the Office to conclude that claimants should be
encouraged to file their claims electronically. Indeed, the vast
majority of claims filed for claim years 2001 through 2003 have been
filed electronically. In addition, the electronic submission of claims
has proven to be more administratively efficient for the Office.
Therefore, the

[[Page 61326]]

Copyright Office has decided to amend its regulations to provide for a
permanent system for the electronic submission of claims. This notice
of proposed rulemaking is the first step in that process. See 69 FR
30577, 30578 (May 28, 2004).

On-Line Submission of Claims

a. Cable and Satellite Claims

With one exception (see the discussion on signatures below), the
permanent system of electronic filing of claims that the Office is
proposing will be virtually identical to the system in place for the
claim year 2003. Specifically, on-line electronic forms for filing both
single and joint cable and satellite claims will be available on the
Copyright Office Web site. Claimants will be able to access and
complete the forms via the Office's Web site in accordance with
instructions accompanying the forms. As is the current practice, joint
claimants will have the option of either listing up to ten joint
copyright owners directly on the on-line joint claim form or submitting
the list of joint copyright owners as a file attachment to the
submission page. The acceptable formats for submission of such
attachments will be specified in the instructions accompanying the on-
line forms. Any attachment to a joint claim must contain only the names
and addresses of the joint copyright owners; attachments containing
information other than the names and addresses of joint copyright
owners will not be accepted.
The cable and satellite on-line forms will be available for use
during the month of July. During the past three years, cable and
satellite claims submitted on-line had to be received by the Office no
later than 11:59 p.m. E.D.T. on July 31. However, near the end of the
filing period that just closed, some claimants notified the Office that
they were experiencing technical difficulties when trying to file their
claims. Because the Office was made aware of these difficulties during
its normal business hours, the technical problems were rectified
quickly. Had those notifications come after business hours on July 31,
the Office probably would not have been able to respond. Therefore, to
better ensure the swift resolution of any technical difficulties in the
unlikely event they occur, the Office is proposing that claims
submitted on-line must be received by the Office by no later than 5
p.m. E.D.T. on July 31. Specifically, the completed on-line form must
be received by the Office's server by that time. Any claim received
after that time will be considered as untimely filed.
Claimants filing their claims on-line can ascertain the timeliness
of their claim by the receipt of two confirmations. First, immediately
after submitting the claim, a confirmation page will appear showing a
copy of the claim submitted, noting the attachment of a file, when
applicable, and displaying the time and date the claim was submitted.
Second, the claimant will receive shortly thereafter an electronic mail
message stating that the Office has received the submission. The
electronic mail message will show a copy of the claim filed, will
contain a copy of the attachment listing the names and addresses of the
joint copyright owners to a joint claim, when applicable, and will note
the time and date of submission. Either confirmation will constitute
sufficient proof of a timely filed on-line claim should a question
arise regarding timeliness. Therefore, claimants submitting their
claims on-line should not consider their claims successfully submitted
to the Office until they receive at least one of the two aforementioned
forms of official confirmation. If for some reason neither confirmation
is received and the claimant is unable to complete the electronic
filing process, the claimant should immediately notify the Office of
the problem and be prepared to submit a claim by other means such as by
hand delivery or by mail in accordance with current Sec. Sec. 252.4
(cable) and 257.4 (satellite).

b. DART Claims

The proposed procedure for the on-line submission of DART claims
will operate identically to that for cable and satellite claims as
described above, with a few exceptions. First, the on-line electronic
forms for filing both single and joint DART claims will be available
during the months of January and February. Second, as with cable and
satellite claims, joint DART claimants will have the option of either
listing up to ten joint claimants directly on the on-line joint claim
form or submitting the list of joint claimants as a file attachment to
the submission page. However, DART claimants filing a joint claim are
required to provide only the names--and not the addresses as required
for cable and satellite claims--of the joint DART claimants.
Therefore, any attachment to a joint DART claim must contain only
the names of the joint claimants; attachments containing information
other than the names of joint claimants will not be accepted.
Finally, as with cable and satellite claims, the Office is
proposing that DART claims submitted on-line must be received by the
Office by no later than 5 p.m. E.S.T., instead of 11:59 p.m. E.S.T., on
the last day of February for the reasons discussed above. Specifically,
the completed on-line form must be received by the Office's server by
that time. Any claim received after that time will be considered as
untimely filed.
Ascertainment of the timeliness of DART claims will be determined
in the same manner as for cable and satellite claims, as DART claimants
will receive the same two forms of official confirmation of receipt of
the claim. Again, if neither confirmation is received, the claimant
should immediately notify the Office and be prepared to submit the
claim by hand delivery or by mail in accordance with current Sec.
259.5. See supra n.2.

Original Signatures on Claims Submitted On-Line

The current regulations governing the filing of cable, satellite
and DART claims require an original signature of the copyright owner
claimant or of a duly authorized representative of the copyright owner
claimant. For claim years 2001 through 2003, the Office reluctantly
waived these regulations for cable, satellite and DART claims submitted
electronically because the Office was not equipped to receive and
process electronic signatures. While the Office still is not able at
this time to institute such a process Office-wide and because of the
risk of fraudulent claims, the Office is loath to waive its CARP
regulations requiring an original signature on claims. Consequently,
the Office is proposing a system for the on-line submission of claims
that utilizes a Personal Identification Number (``PIN'') as a proxy for
a signature. The system proposed herein applies only to the submission
of cable, satellite, and DART claims and in no way applies to any other
filings with the Copyright Office.
The Office notes at the outset that the signature on a claim
constitutes an affirmative statement to the Office that the person
signing the claim has the authority to submit the claim. The proposed
PIN system allows the Office to obtain this same affirmation in a
simple, reasonable way without unduly burdening claimants.
The Office is proposing to use a PIN comprised of six to eight
alphanumeric characters (ex: A1B2C3D) which will be selected by the
person ``signing'' the claim on-line and placed in the designated space
on the appropriate on-line claim form. Selection of a PIN will

[[Page 61327]]

occur on a one-time basis--the first time a claimant submits a claim
on-line under any of the three licenses. Claimants may select a PIN in
one of the following ways.

a. Advance Selection of PIN

The Office is proposing to allow claimants to select a PIN prior to
the filing period for cable, satellite and DART claims. Under this
option, claimants would select a PIN by completing a form (``Advance
Selection Form'') located on the Office's Web site at http://www.copyright.gov/carp/electronicfiling.html
which the claimant would

print, complete, sign and return to the Office. This form will be
available on the Office's Web site until the beginning of each
respective filing period and will be unavailable during each filing
period. In other words, the Advance Selection Form will be available
until 11:59 p.m. E.S.T. on December 31 since the filing period for DART
claims begins on January 1 and will be unavailable during the months of
January and February. Likewise, the form will be available until 11:59
p.m. E.D.T. on June 30, as the filing period for cable and satellite
claims begins on July 1, and will be unavailable during the month of
July.

b. Selection of PIN During the Filing Period

During the respective filing periods for DART, cable and satellite
claims, the person submitting the claim, whether it be the copyright
owner or an authorized representative of the copyright owner, will
select the PIN and place it in the designated space on the appropriate
on-line claim form. As previously described, upon submitting the claim,
a confirmation page displaying the claim, including the PIN selected,
will be generated. The copyright owner or an authorized representative
of the copyright owner, whomever is submitting the claim, must then
print this page, sign it, and return it to the Copyright Office in
accordance with the instructions accompanying the confirmation page.

c. Valid Use of PIN

In order to validate the use of the PIN, regardless of the method
used for selection, the Office must receive either the signed Advance
Selection Form or signed confirmation page. The signature then will be
kept on file with the Office. Once the Office receives the signed
Advance Selection Form or the signed confirmation page, the PIN and the
name will be placed in a confidential directory of PINs created and
maintained by the Office.\2\ Thereafter, the PIN will constitute and
serve as a substitute for the actual signature on any claim filed by
that person.
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\2\ The PIN will not appear on the copies of claims made
available for public inspection and copying.
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Because the signature denotes authority to submit the claim, it is
important to note that the PIN will correspond and be personal to the
person submitting the claim, whether it be the copyright owner or a
representative of the copyright owner authorized to file the claim on
behalf of the copyright owner. Therefore, as long as that person
submits claims on-line, this same PIN must be used each time that
person submits a cable, satellite or DART claim on-line. Conversely, if
a person fails to provide the Office with an original signature in
accordance with the proposed regulations, any claim submitted on-line
bearing the PIN selected by that person will be subject to dismissal
for failure to comply with the original signature requirement.

d. Lost or Forgotten PIN

Claimants may request from the Office their self-selected PIN in
the event the PIN is lost or forgotten. A link titled ``Lost or
Forgotten PIN'' will be located on the instruction page accompanying
the Advance Selection Form located on the Office's Web site at http://www.copyright.gov/carp/electronicfiling.html
as well as on the

instruction page accompanying the on-line claim forms (see discussion
on forms below). By clicking on this link, claimants will be taken to a
page with instructions on how to request the PIN.
Upon receipt of a request, the Office will send the PIN to the
claimant via electronic mail to the electronic mail address on file
with the Office by close of business the next business day. Therefore,
claimants requesting their PIN during a filing period should do so
early in the period in order to allow the Office a sufficient time to
respond. The Office will not guarantee a same-day response for requests
made on the last day of a filing period.
Because the PIN corresponds to the copyright owner or to an
authorized representative of the copyright owner, the request for the
PIN must come from that person. Similarly, the Office will provide the
PIN only to that person.
Finally, the Office will accept only those requests for a lost or
forgotten PIN made as set forth above and, therefore, will not accept
any requests made by telephone.
Until such time as the Office develops an Office-wide system for
receiving and processing electronic signatures, the Office believes
that the PIN system proposed above represents the most reasonable
method for the on-line submission of claims because it does not require
any further waivers of its CARP regulations nor does it impose any
undue burdens on claimants.

Affirmation

As noted above, the Office is concerned about the risk of
fraudulent claims. This concern stems from a serious incident of fraud
in which fraudulent cable and satellite claims covering several claim
years were filed with the Office. In an effort to deter any future
filings of fraudulent claims, the Office proposes to require an
affirmation under penalty of law that the person filing the claim has
the authority to do so, can attest to the veracity of the information
contained in the claim, and is filing the claim in good faith.
Therefore, the person filing the claim must be someone who can make
this affirmation, namely, the copyright owner or a representative of
the copyright owner authorized to file the claim on behalf of the
copyright owner.

Facsimile Transmission

Since February 5, 2002, DART claimants have been allowed to submit
their claims via facsimile transmission. However, very few claimants
utilized this method. In addition, in proposing changes to the
regulations governing the filing of claims, the Office seeks uniformity
in its methods for filing all claims. For these reasons, the Office is
not proposing to amend the regulations governing the filing of DART
claims to allow for the submission of claims via facsimile.

Forms

The Office is proposing to amend its regulations governing the
filing of cable, satellite, and DART claims to require that all claims,
not just claims filed on-line, be furnished on the appropriate form
prescribed by the Copyright Office. Heretofore, the Office has not
issued claim forms, except for those created for the on-line submission
of claims. However, the Office has decided to propose the use of
standard forms for the filing of all claims, regardless of the filing
method selected, in an effort to minimize, if not eliminate, errors
frequently made on self-made forms, such as the failure to provide
required information. Reduction or elimination of such errors will
facilitate the processing of claims.
The proposed regulation will state that forms for claims filed by
mail or by hand delivery are available on the Office's Web site at
http://www.loc.gov/

[[Page 61328]]

copyright/carp/forms. On-line DART claim forms can be found on the
Office's Web site at http://www.copyright.gov/carp/dart/index.html

during the months of January and February each year. On-line cable
claim forms can be found on the Office's Web site at http://www.copyright.gov/carp/cable/claims.html
during the month of July each

year. On-line satellite claim forms can be found on the Office's Web
site at http://www.copyright.gov/carp/satellite/claims.html during the

month of July each year.
Prototypes of the proposed forms, including the Advance Selection
Form, and the confirmation page to be signed and returned to the Office
are, or soon will be, available on the Office's Web site at http://www.copyright.gov/carp/electronicfiling.html.
Parties may comment on

the prototypes, limiting such comments to the layout and utility of the
proposed forms. Comments should not be made on the graphics and
typography of the prototypes, as these elements will be determined by
the Office.

Other Proposed Amendments

The Copyright Office also proposes to amend its regulations
governing the filing of cable, satellite and DART claims by requiring
that each claim include the e-mail address, if any, of the person or
entity filing the claim. An e-mail address for the person or entity
filing the claim will be required when submitting the claim on-line. In
addition, the Office proposes to require the name, telephone number,
facsimile number, if any, and e-mail address, if any, of a person whom
the Office can contact about the claim. The contact person may be the
copyright owner, a representative of the copyright owner authorized to
file the claim on behalf of the copyright owner, or a designee of
either of these entities. However, the contact information must
identify an actual person who can respond to inquiries from the Office.
Having this information will assist in the processing of claims.
In 2001, in an effort to eliminate the filing of placeholder
claims, the Copyright Office amended its regulations governing the
filing of cable and satellite claims to clarify that such claims must
list the name of each copyright owner covered by the claim. See 66 FR
29700 (June 1, 2001). However, that clarification was made only to the
respective sections of the regulations specifying the content of the
claims. The Office is now proposing to amend Parts 252 and 257 to
eliminate any reference to the words ``party,'' ``parties,'' and
``claimant'' by substituting the phrases ``copyright owner'' and ``an
authorized representative of the copyright owner,'' where appropriate.
Finally, the Office is proposing to amend current Sec. Sec. 252.4
(cable), 257.4 (satellite) and 259.5 (DART) to clarify that the only
acceptable means of overnight delivery of claims is via U.S. Postal
Service Express Mail addressed to the CARP mailbox. On June 30, 2004,
the Office amended its regulations to reflect the new procedures for
delivering items to the Copyright Office, including the filing of
claims. 69 FR 39331 (June 30, 2004). The new procedures do not allow
the filing of claims by overnight delivery services such as Federal
Express and United Parcel Service (``UPS'') because these services will
not deliver packages to post office boxes. Since the Office has
received questions regarding this provision, we are proposing to amend
our regulations to clarify that claimants wishing to deliver their
claims by means of overnight delivery can do so only by using the
Express Mail service provided by the U.S. Postal Service, as using this
service will better ensure the procurement of the appropriate U.S.
Postal Service postmark. In addition, such deliveries, unlike those
from services such as Federal Express and UPS, will reach the Office in
a timely manner.

Comments on Proposed Amendments

All interested parties are requested to file comments with the
Copyright Office in accordance with the information set forth in this
document. Unless persuaded otherwise by the commenters, the Office
intends to issue final rules in time for the submission of DART claims
in January and February 2005.

List of Subjects

37 CFR Part 252

Cable television, Claims, Copyright.

37 CFR Part 257

Claims, Copyright, Satellite television.

37 CFR Part 259

Claims, Copyright, Digital audio recording devices and media.

Proposed Regulations

For the reasons set forth in the preamble, the Copyright Office
proposes to amend 37 CFR chapter II as follows:

PART 252--FILING OF CLAIMS TO CABLE ROYALTY FEES

1. The authority citation for part 252 continues to read as
follows:

Authority: 17 U.S.C. 111(d)(4), 801, 803.

Sec. 252.1 [Amended]

2. Section 252.1 is amended by removing ``parties'' and adding
``copyright owners'' in its place.

Sec. 252.2 [Amended]

3. Section 252.2 is amended by removing ``party'' each place it
appears and adding ``copyright owner'' in its place; and by removing
``Claimants'' and adding ``Copyright owners, or an authorized
representative of the copyright owner,'' in its place.
4. Revise Sec. 252.3 to read as follows:

Sec. 252.3 Form and content of claims.

(a) Forms. (1) Each claim to cable compulsory license royalty fees
shall be furnished on a form prescribed by the Copyright Office and
shall contain the information required by that form and its
accompanying instructions.
(2) Copies of cable claim forms are available:
(i) On the Office's Web site at http://www.copyright.gov/carp/forms

for claims filed with the Office by mail or by hand delivery in
accordance with Sec. 252.5(a)(2) through (4);
(ii) On the Office's Web site at http://www.copyright.gov/carp/cable/claims.html
during the month of July for claims filed on-line in

accordance with Sec. 252.5(a)(1); and
(iii) Upon request to the Public Information Office, Library of
Congress, Copyright Office, 101 Independence Avenue, SE., Washington,
DC 20559-6000.
(b) Content--(1) Single Claim. A claim filed on behalf of a single
copyright owner of a work or works secondarily transmitted by a cable
system shall include the following information:
(i) The full legal name and address of the copyright owner entitled
to claim the royalty fees.
(ii) A general statement of the nature of the copyright owner's
work or works, and identification of at least one secondary
transmission by a cable system of such work or works establishing a
basis for the claim.
(iii) The name, telephone number, facsimile number, if any, full
address, including a specific number and street name or rural route,
and e-mail address, if any, of the person or entity filing the single
claim. An e-mail address must be provided on claims submitted on-line
through the Copyright Office Web site.
(iv) The name, telephone number, facsimile number, if any, and e-
mail address, if any, of the person whom the Copyright Office can
contact regarding the claim. The contact person may be the copyright
owner, an authorized

[[Page 61329]]

representative of the copyright owner, or a designee of either of these
entities.
(v) An original signature of the copyright owner or of a duly
authorized representative of the copyright owner. The signature on a
claim submitted on-line through the Copyright Office Web site shall be
provided in accordance with Sec. 252.4.
(vi) A declaration of the authority to file the claim and of the
veracity of the information contained in the claim and the good faith
of the person signing in providing such information. Penalties for
fraud and false statements are provided under 18 U.S.C. 1001 et seq.
(2) Joint claim. A claim filed on behalf of more than one copyright
owner whose works have been secondarily transmitted by a cable system
shall include the following information:
(i) A list including the full legal name and address of each
copyright owner to the joint claim entitled to claim royalty fees.
(ii) A concise statement of the authorization for the person or
entity filing the joint claim. For this purpose, a performing rights
society shall not be required to obtain from its members or affiliates
separate authorizations, apart from their standard membership affiliate
agreements, or to list the name of each of its members or affiliates in
the joint claim as required by paragraph (b)(2)(i) of this section.
(iii) A general statement of the nature of the copyright owners'
works and identification of at least one secondary transmission of one
of the copyright owners' works by a cable system establishing a basis
for the joint claim and the identification of the copyright owner of
each work so identified.
(iv) The name, telephone number, facsimile number, if any, full
address, including a specific number and street name or rural route,
and e-mail address, if any, of the person or entity filing the joint
claim. An e-mail address must be provided on claims submitted on-line
through the Copyright Office Web site.
(v) The name, telephone number, facsimile number, if any, and e-
mail address, if any, of the person the Copyright Office can contact
regarding the claim. The contact person may be the copyright owner, an
authorized representative of the copyright owner, or a designee of
either of these entities.
(vi) Original signatures of the copyright owners to the joint claim
or of a duly authorized representative or representatives of the
copyright owners. The signatures on a claim submitted on-line through
the Copyright Office Web site must be provided in accordance with Sec.
252.4.
(vii) Notwithstanding paragraph (b)(2)(ii) of this section, a
declaration of the authority to file the claim and of the veracity of
the information contained in the claim and the good faith of the person
signing in providing such information. Penalties for fraud and false
statements are provided under 18 U.S.C. 1001 et seq.
(c) In the event that the legal name and/or address of the
copyright owner entitled to royalties or the person or entity filing
the claim changes after the filing of the claim, the Copyright Office
shall be notified of the change. If the good faith efforts of the
Copyright Office to contact the copyright owner or person or entity
filing the claim are frustrated because of failure to notify the Office
of a name and/or address change, the claim may be subject to dismissal.
5. Revise Sec. 252.4 to read as follows:

Sec. 252.4 Original signature on claims submitted on-line.

(a) General. This section prescribes the procedures for the
provision of an original signature for cable claims submitted on-line.
(b) Personal Identification Number (PIN). A copyright owner or an
authorized representative of the copyright owner submitting a cable
claim on-line may use a six-to-eight-character alphanumeric Personal
Identification Number (PIN) as a substitute for an actual signature;
Provided that the PIN is selected in accordance with the procedures set
forth in paragraphs (b)(1) and (2) of this section. Each PIN is
associated with a single signature on file with the Copyright Office.
(1) Selection of PIN prior to filing period. A copyright owner or
an authorized representative of the copyright owner may select a PIN
prior to July 1 each year by completing the Advance Selection Form
located on the Copyright Office Web site at http://www.copyright.gov/carp/electronicfiling.html
, which will be available until 11:59 p.m.

E.D.T. on June 30 each year. In order to validate use of the PIN, the
copyright owner or an authorized representative of the copyright owner
must complete and print the Advance Selection Form, sign it and return
it to the Copyright Office in accordance with the instructions
accompanying the form. Upon receipt of the signed Advance Selection
Form, the name and the PIN shall be entered into a confidential
directory of PINs created and maintained by the Copyright Office. The
PIN shall correspond to the copyright owner or the authorized
representative of the copyright owner who is filing the claim and shall
serve as a substitute for the actual signature of that person on any
claim submitted on-line. Thereafter, the PIN must be included on each
subsequent claim submitted on-line through the Copyright Office Web
site by that copyright owner or that authorized representative of the
copyright owner.
(2) Selection of PIN during the filing period. If a PIN is not
selected prior to July 1 each year, then during the month of July, a
copyright owner or an authorized representative of the copyright owner
shall select a PIN upon submission of the cable claim on-line through
the Copyright Office Web site. The copyright owner or an authorized
representative of the copyright owner must sign and return to the
Copyright Office the confirmation page generated upon submission of the
claim in accordance with the instructions accompanying the confirmation
page. Upon receipt of the signed confirmation page, the name and the
PIN shall be entered into a confidential directory of PINs created and
maintained by the Copyright Office. The PIN shall correspond to the
copyright owner or the authorized representative of the copyright owner
who is filing the claim and shall serve as a substitute for the actual
signature of that person. Thereafter, the PIN must be included on each
subsequent claim submitted on-line through the Copyright Office Web
site by that copyright owner or that authorized representative of the
copyright owner.
(c) Lost or Forgotten PIN. (1) In the event that a PIN is lost or
forgotten, a copyright owner or an authorized representative of the
copyright owner may request from the Copyright Office the PIN selected
in accordance with paragraph (b) of this section by clicking on the
link titled ``Lost or Forgotten PIN'' located on the Copyright Office
Web site at http://www.copyright.gov/carp/electronicfiling.html and at

http://www.copyright.gov/carp/cable/claims.html and following the

accompanying instructions. Such requests shall be made only by the
person to whom the PIN corresponds, whether it be the copyright owner
or an authorized representative of the copyright owner. Upon receipt of
such request, the Copyright Office will send the PIN to that person via
electronic mail to the electronic mail address on file with the Office
by close of business the next business day.
(2) The Copyright Office will not guarantee a same-day response for
requests made for a lost or forgotten PIN.

[[Page 61330]]

(3) The Copyright Office will not accept requests for a PIN made by
telephone.
(d) Frequency of PIN selection. Selection of a PIN shall occur on a
one-time basis, either in advance of the initial submission of a
royalty claim on-line or upon the initial submission of a royalty claim
on-line through the Copyright Office Web site pursuant to 17 U.S.C.
111, 17 U.S.C. 119, or Chapter 10 of title 17 of the United States
Code.
(e) Confidentiality. All PINs will be kept in a confidential
directory created and maintained by the Copyright Office and will be
disclosed only as set forth in paragraph (c) of this section.
6. Revise Sec. 252.5 to read as follows:

Sec. 252.5 Compliance with statutory dates.

(a) Claims filed with the Copyright Office shall be considered
timely filed only if:
(1) They are filed on-line through the Copyright Office Web site at
http://www.copyright.gov/carp/cable/claims.html during the month of

July. On-line claims must be received in the Office's server no later
than 5 p.m. E.D.T. on July 31.
(2) They are hand delivered by a private party and addressed as
follows: Copyright Office General Counsel/CARP, U.S. Copyright Office,
James Madison Memorial Building, Room LM-401, 101 Independence Avenue,
SE., Washington, DC 20559-6000. These claims must be delivered to the
Public Information Office, located at the U.S. Copyright Office, James
Madison Memorial Building, Room LM-401, 101 Independence Avenue, SE.,
Washington, DC 20559-6000, Monday through Friday, between 8:30 a.m. and
5 p.m. during the month of July.
(3) They are hand delivered by a commercial courier (excluding
overnight delivery services such as Federal Express, United Parcel
Service and similar overnight delivery services) and addressed as
follows: Copyright Office General Counsel/CARP, Room LM-403, James
Madison Memorial Building, 101 Independence Avenue, SE., Washington,
DC. These claims must be delivered to the Congressional Courier
Acceptance Site (CCAS) located at Second and D Street, NE., Washington,
DC, during the month of July. The CCAS will accept items from couriers
with proper identification, e.g., a valid driver's license, Monday
through Friday, between 8:30 a.m. and 4 p.m.
(4) They are sent through the U.S. Postal Service and addressed as
follows: Copyright Arbitration Royalty Panel, P.O. Box 70977, Southwest
Station, Washington, DC 20024-0977. Claims sent through the U.S. Postal
Service must have sufficient postage and bear a July U.S. postmark.
(5) Federal Express, United Parcel Service and similar overnight
delivery services may not be used for the filing of claims. A claim
sent by means of overnight delivery shall be done via U.S. Postal
Service Express Mail, and the claim shall be addressed in accordance
with paragraph (a)(4) of this section.
(b) Claims dated only with a business meter that are received after
July 31 will not be accepted as having been timely filed.
(c) Notwithstanding paragraphs (a) and (b) of this section, in any
year in which July 31 falls on a Saturday, Sunday, holiday, or other
nonbusiness day within the District of Columbia or the Federal
Government, claims received by the Copyright Office by the first
business day in August, or properly addressed and deposited with
sufficient postage with the United States Postal Service and postmarked
by the first business day in August, shall be considered timely filed.
(d) No claim may be filed by facsimile transmission.
(e) In the event that a properly addressed and mailed claim is not
timely received by the Copyright Office, proper filing of the claim may
nonetheless be proven if it was sent by certified mail return receipt
requested, and a receipt bearing a July date stamp of the U.S. Postal
Service, except where paragraph (c) of this section applies, can be
provided. No affidavits will be accepted in lieu of the receipt.
(f) The Copyright Office will accept either the confirmation page
generated upon submission of the claim on-line through the Copyright
Office Web site or the electronic mail message from the Copyright
Office confirming receipt of the claim as proof that a claim submitted
on-line through the Copyright Office Web site was received timely in
the Office's server. No affidavits will be accepted in lieu thereof.
6a. Add Sec. 252.6 to read as follows:

Sec. 252.6 Copies of claims.

A copyright owner or an authorized representative of the copyright
owner shall, for each claim submitted to the Copyright Office by hand
delivery or by mail, file an original and two copies of the claim to
cable royalty fees.

PART 257--FILING OF CLAIMS TO SATELLITE CARRIER ROYALTY FEES

7. The authority citation for part 257 continues to read as
follows:

Authority: 17 U.S.C. 119(b)(4).

Sec. 257.1 [Amended]

8. Section 257.1 is amended by removing ``parties'' and adding
``copyright owners'' in its place.

Sec. 257.2 [Amended]

9. Section 257.2 is amended by removing ``party'' each place it
appears and adding ``copyright owner'' in its place; and by removing
``Claimants'' and adding ``Copyright owners, or an authorized
representative of the copyright owner,'' in its place.
10. Section 257.3 is revised to read as follows:

Sec. 257.3 Form and content of claims.

(a) Forms. (1) Each claim to compulsory license royalty fees for
secondary transmissions by satellite carriers of television broadcast
signals to the public for private home viewing shall be furnished on a
form prescribed by the Copyright Office and shall contain the
information required by that form and its accompanying instructions.
(2) Copies of satellite claim forms are available:
(i) On the Office's Web site at http://www.copyright.gov/carp/forms

for claims filed with the Office by mail or by hand delivery in
accordance with Sec. 257.5(a)(2) through (4);
(ii) On the Office's Web site at http://www.copyright.gov/carp/satellite/claims.html
during the month of July for claims filed on-line

in accordance with Sec. 257.5(a)(1); and
(iii) Upon request to the Public Information Office, Library of
Congress, Copyright Office, 101 Independence Avenue, SE., Washington,
DC 20559-6000.
(b) Content--(1) Single Claim. A claim filed on behalf of a single
copyright owner of a work or works secondarily transmitted by a
satellite carrier shall include the following information:
(i) The full legal name and address of the copyright owner entitled
to claim the royalty fees.
(ii) A general statement of the nature of the copyright owner's
work or works, and identification of at least one secondary
transmission by a satellite carrier of such work or works establishing
a basis for the claim.
(iii) The name, telephone number, facsimile number, if any, full
address, including a specific number and street name or rural route,
and e-mail address, if any, of the person or entity filing the single
claim. An e-mail address must be provided on claims submitted on-line
through the Copyright Office Web site.
(iv) The name, telephone number, facsimile number, if any, and e-
mail address, if any, of the person whom the Copyright Office can
contact regarding

[[Page 61331]]

the claim. The contact person may be the copyright owner, an authorized
representative of the copyright owner, or a designee of either of these
entities.
(v) An original signature of the copyright owner or of a duly
authorized representative of the copyright owner. The signature on a
claim submitted on-line through the Copyright Office Web site shall be
provided in accordance with Sec. 257.4.
(vi) A declaration of the authority to file the claim and of the
veracity of the information contained in the claim and the good faith
of the person signing in providing such information. Penalties for
fraud and false statements are provided under 18 U.S.C. 1001 et seq.
(2) Joint claim. A claim filed on behalf of more than one copyright
owner whose works have been secondarily transmitted by a satellite
carrier shall include the following information:
(i) A list including the full legal name and address of each
copyright owner to the joint claim entitled to claim royalty fees.
(ii) A concise statement of the authorization for the person or
entity filing the joint claim. For this purpose, a performing rights
society shall not be required to obtain from its members or affiliates
separate authorizations, apart from their standard membership affiliate
agreements, or to list the name of each of its members or affiliates in
the joint claim as required by paragraph (b)(2)(i) of this section.
(iii) A general statement of the nature of the copyright owners'
works, identification of at least one secondary transmission of one of
the copyright owners' works by a satellite carrier establishing a basis
for the joint claim, and the identification of the copyright owner of
each work so identified.
(iv) The name, telephone number, facsimile number, if any, full
address, including a specific number and street name or rural route,
and e-mail address, if any, of the person or entity filing the joint
claim. An e-mail address must be provided on claims submitted on-line
through the Copyright Office Web site.
(v) The name, telephone number, facsimile number, if any, and e-
mail address, if any, of a person whom the Copyright Office can contact
regarding the claim. The contact person may be the copyright owner, an
authorized representative of the copyright owner, or a designee of
either of these entities.
(vi) Original signatures of the copyright owners to the joint claim
or of a duly authorized representative or representatives of the
copyright owners. The signatures on a claim submitted on-line through
the Copyright Office Web site must be provided in accordance with Sec.
257.4.
(vii) Notwithstanding paragraph (b)(2)(ii) of this section, a
declaration of the authority to file the claim and of the veracity of
the information contained in the claim and the good faith of the person
signing in providing such information. Penalties for fraud and false
statements are provided under 18 U.S.C. 1001 et seq.
(c) In the event that the legal name and/or address of the
copyright owner entitled to royalties or the person or entity filing
the claim changes after the filing of the claim, the Copyright Office
shall be notified of the change. If the good faith efforts of the
Copyright Office to contact the copyright owner or person or entity
filing the claim are frustrated because of failure to notify the Office
of a name and/or address change, the claim may be subject to dismissal.
11. Revise Sec. 257.4 to read as follows:

Sec. 257.4 Original signature on claims submitted on-line.

(a) General. This section prescribes the procedures for the
provision of an original signature for satellite claims submitted on-
line.
(b) Personal Identification Number (PIN). A copyright owner or an
authorized representative of the copyright owner submitting a satellite
claim on-line may use a six-to-eight-character alphanumeric Personal
Identification Number (PIN) as a substitute for an actual signature;
Provided that the PIN is selected in accordance with the procedures set
forth in paragraphs (b)(1) and (2) of this section. Each PIN is
associated with a single signature on file with the Copyright Office.
(1) Selection of PIN prior to filing period. A copyright owner or
an authorized representative of the copyright owner may select a PIN
prior to July 1 each year by completing the Advance Selection Form
located on the Copyright Office Web site at http://www.copyright.gov/carp/electronicfiling.html
, which will be available until 11:59 p.m.

E.D.T. on June 30 each year. In order to validate use of the PIN, the
copyright owner or an authorized representative of the copyright owner
must complete and print the Advance Selection Form, sign it and return
it to the Copyright Office in accordance with the instructions
accompanying the form. Upon receipt of the signed Advance Selection
Form, the name and the PIN shall be entered into a confidential
directory of PINs created and maintained by the Copyright Office. The
PIN shall correspond to the copyright owner or the authorized
representative of the copyright owner who is filing the claim and shall
serve as a substitute for the actual signature of that person on any
claim submitted on-line. Thereafter, the PIN must be included on each
subsequent claim submitted on-line through the Copyright Office Web
site by that copyright owner or that authorized representative of the
copyright owner.
(2) Selection of PIN during the filing period. If a PIN is not
selected prior to July 1 each year, then during the month of July, a
copyright owner or an authorized representative of the copyright owner
shall select a PIN upon submission of the satellite claim on-line
through the Copyright Office Web site. The copyright owner or an
authorized representative of the copyright owner must sign and return
to the Copyright Office the confirmation page generated upon submission
of the claim in accordance with the instructions accompanying the
confirmation page. Upon receipt of the signed confirmation page, the
name and the PIN shall be entered into a confidential directory of PINs
created and maintained by the Copyright Office. The PIN shall
correspond to the copyright owner or the authorized representative of
the copyright owner who is filing the claim and shall serve as a
substitute for the actual signature of that person. Thereafter, the PIN
must be included on each subsequent claim submitted on-line through the
Copyright Office Web site by that copyright owner or that authorized
representative of the copyright owner.
(c) Lost or Forgotten PIN. (1) In the event that a PIN is lost or
forgotten, a copyright owner or an authorized representative of the
copyright owner may request from the Copyright Office the PIN selected
in accordance with paragraph (b) of this section by clicking on the
link titled ``Lost or Forgotten PIN'' located on the Copyright Office
Web site at http://www.copyright.gov/carp/electronicfiling.html and at

http://www.copyright.gov/carp/satellite/claims.html and following the

[[Page 61332]]

Sec. 257.5 Compliance with statutory dates.

Sec. 257.6 Copies of claims.

Sec. 257.7 Separate claims required.

If a copyright owner or an authorized representative of the
copyright owner intends to file claims for both cable compulsory
license and satellite carrier compulsory license royalty fees during
the same month of July, that copyright owner or authorized
representative of the copyright owner must file separate claims with
the Copyright Office. Any single claim which purports to file for both
cable and satellite carrier royalty fees will be dismissed.

PART 259--FILING OF CLAIMS TO DIGITAL AUDIO RECORDING DEVICES AND
MEDIA ROYALTY PAYMENTS

13. The authority citation for part 259 continues to read as
follows:

Authority: 17 U.S.C. 1007(a)(1).

14. Revise Sec. 259.3 to read as follows:

Sec. 259.3 Form and content of claims.

(a) Forms. (1) Each claim to digital audio recording devices and
media royalty payments (DART) shall be furnished on a form prescribed
by the Copyright Office and shall contain the information required by
that form and its accompanying instructions.
(2) Copies of DART claim forms are available:
(i) On the Office's Web site at http: //http://www.copyright.gov/forms/claims
for claims filed with the Office by mail or by hand delivery in

accordance with Sec. 259.6(a)(2)-(4);
(ii) On the Office's Web site at http: //http://www.copyright.gov/carp/dart/index.html
during the months of January and February for claims

filed on-line in accordance with Sec. 259.6(a)(1); and
(iii) Upon request to the Public Information Office, Library of
Congress, Copyright Office, 101 Independence Avenue, SE., Washington,
DC 20559-6000.
(b) Content. Claims filed by interested copyright parties for
digital audio recording devices and media royalty payments shall
include the following information:
(1) The full legal name and address of the person or entity
claiming royalty payments.
(2) The telephone number, facsimile number, if any, full address,
including a specific number and street name or rural route, and e-mail
address, if any, of the person or entity filing the claim. An e-mail
address must be provided on claims submitted on-line through the
Copyright Office Web site.
(3) The name, telephone number, facsimile number, if any, and e-
mail address, if any, of a person whom the Copyright Office can contact
regarding the claim. The contact person may be the copyright owner, an
authorized representative of the copyright owner, or a designee of
either of these entities.
(4) A statement as to how the claimant fits within the definition
of interested

[[Page 61333]]

copyright party specified in 17 U.S.C. 1001(7).
(5) A statement as to whether the claim is being made against the
Sound Recordings Fund or the Musical Works Fund, as set forth in 17
U.S.C. 1006(b) and as to which Subfund of the Sound Recordings Fund
(i.e., the copyright owners or featured recording artists Subfund) or
the Musical Works Fund (i.e., the music publishers or writers Subfund)
the claim is being made against as set forth in 17 U.S.C. 1006(b)(1)
through (2).
(6) Identification, establishing a basis for the claim, of at least
one musical work or sound recording embodied in a digital musical
recording or an analog musical recording lawfully made under title 17
of the United States Code that has been distributed (as that term is
defined in 17 U.S.C. 1001(6)), and that, during the period to which the
royalty payments claimed pertain, has been (i) Distributed (as that
term is defined in 17 U.S.C. 1001(6)) in the form of digital musical
recordings or analog musical recordings, or (ii) Disseminated to the
public in transmissions.
(7) A declaration of the authority to file the claim and of the
veracity of the information contained in the claim and the good faith
of the person signing in providing such information. Penalties for
fraud and false statements are provided under 18 U.S.C. 1001 et seq.
(c) Claims shall bear the original signature of the claimant or of
a duly authorized representative of the claimant. The signature on a
claim submitted on-line through the Copyright Office Web site must be
provided in accordance with Sec. 259.5.
(d) In the event that the legal name and/or address of the claimant
changes after the filing of the claim, the claimant shall notify the
Copyright Office of such change. If the good faith efforts of the
Copyright Office to contact the claimant are frustrated because of
failure to notify the Office of a name and/or address change, the claim
may be subject to dismissal.
(e) If the claim is a joint claim, it shall include a concise
statement of the authorization for the filing of the joint claim in
addition to the declaration required under paragraph (b)(7) of this
section and the name of each claimant to the joint claim.
(f) If an interested copyright party intends to file claims against
more than one Subfund, each such claim must be filed separately with
the Copyright Office. Any claim that purports to file against more than
one subfund will be rejected.

Sec. Sec. 259.5, 259.6 [Redesignated]

15. Redesignate Sec. Sec. 259.5 and 259.6 as Sec. Sec. 259.6 and
259.7, respectively.
15a. Add a new Sec. 259.5 to read as follows:

Sec. 259.5 Original signature on claims submitted on-line.

(a) General. This section prescribes the procedures for the
provision of an original signature for DART claims submitted on-line.
(b) Personal Identification Number (PIN). A claimant or an
authorized representative of the claimant submitting a DART claim on-
line may use a six-to-eight-character alphanumeric Personal
Identification Number (PIN) as a substitute for an actual signature;
Provided that the PIN is selected in accordance with the procedures set
forth in paragraphs (b)(1) and (2) of this section. Each PIN is
associated with a single signature on file with the Copyright Office.
(1) Selection of PIN prior to filing period. A claimant or an
authorized representative of the claimant may select a PIN prior to
January 1 each year by completing the Advance Selection Form located on
the Copyright Office Web site at http://www.copyright.gov/carp/electronicfiling.html
, which will be available until 11:59 p.m. E.S.T.

on December 31 each year. In order to validate use of the PIN, the
claimant or an authorized representative of the claimant must complete
and print the Advance Selection Form, sign it and return it to the
Copyright Office in accordance with the instructions accompanying the
form. Upon receipt of the signed Advance Selection Form, the name and
the PIN shall be entered into a confidential directory of PINs created
and maintained by the Copyright Office. The PIN shall correspond to the
claimant or the authorized representative of the claimant who is filing
the claim and shall serve as a substitute for the actual signature of
that person on any claim submitted on-line. Thereafter, the PIN must be
included on each subsequent claim submitted on-line through the
Copyright Office Web site by that claimant or that authorized
representative of the claimant.
(2) Selection of PIN during the filing period. If a PIN is not
selected prior to January 1 each year, then during the months of
January and February, a claimant or an authorized representative of the
claimant shall select a PIN upon submission of the DART claim on-line
through the Copyright Office Web site. The claimant or an authorized
representative of the claimant must sign and return to the Copyright
Office the confirmation page generated upon submission of the claim in
accordance with the instructions accompanying the confirmation page.
Upon receipt of the signed confirmation page, the name and the PIN
shall be entered into a confidential directory of PINs created and
maintained by the Copyright Office. The PIN shall correspond to the
claimant or the authorized representative of the claimant who is filing
the claim and shall serve as a substitute for the actual signature of
that person. Thereafter, the PIN must be included on each subsequent
claim submitted on-line through the Copyright Office Web site by that
claimant or that authorized representative of the claimant.
(c) Lost or Forgotten PIN. (1) In the event that a PIN is lost or
forgotten, a claimant or an authorized representative of the claimant
may request from the Copyright Office the PIN selected in accordance
with paragraph (b) of this section by clicking on the link titled
``Lost or Forgotten PIN'' located on the Copyright Office Web site at
http://www.copyright.gov/carp/electronicfiling.html and at http://www.copyright.gov/carp/DART/index.html
and following the accompanying
instructions. Such requests shall be made only by the person to whom
the PIN corresponds, whether it be the claimant or an authorized
representative of the claimant. Upon receipt of such request, the
Copyright Office will send the PIN to that person via electronic mail
to the electronic mail address on file with the Office by close of
business the next business day.
(2) The Copyright Office will not guarantee a same-day response for
requests made for a lost or forgotten PIN.
(3) The Copyright Office will not accept requests for a PIN made by
telephone.
(d) Frequency of PIN selection. Selection of a PIN shall occur on a
one-time basis, either in advance of the initial submission of a
royalty claim on-line or upon the initial submission of a claim on-line
through the Copyright Office Web site pursuant to 17 U.S.C. 111, 17
U.S.C. 119, or Chapter 10 of title 17 of the United States Code.
(e) Confidentiality. All PINs will be kept in a confidential
directory created and maintained by the Copyright Office and will be
disclosed only as set forth in paragraph (c) of this section.
16. Revise newly redesignated Sec. 259.6 to read as follows:

[[Page 61334]]

Sec. 259.6 Compliance with statutory dates.

January or February. On-line claims must be received in the Office's
server no later than 5 p.m. E.S.T. on the last day of February.
(2) They are hand delivered by a private party and addressed as
follows: Copyright Office General Counsel/CARP, U.S. Copyright Office,
James Madison Memorial Building, Room LM-401, 101 Independence Avenue,
SE., Washington, DC 20559-6000. These claims must be delivered to the
Public Information Office, located at the U.S. Copyright Office, James
Madison Memorial Building, Room LM-401, 101 Independence Avenue, SE.,
Washington, DC 20559-6000, Monday through Friday, between 8:30 a.m. and
5 p.m. during the month of January or February.
(3) They are hand delivered by a commercial courier (excluding
overnight delivery services such as Federal Express, United Parcel
Service and similar overnight delivery services) and addressed as
follows: Copyright Office General Counsel/CARP, Room LM-403, James
Madison Memorial Building, 101 Independence Avenue, SE., Washington,
DC. These claims must be delivered to the Congressional Courier
Acceptance Site (CCAS) located at Second and D Street, NE., Washington,
DC, during the month of January or February. The CCAS will accept items
from couriers with proper identification, e.g., a valid driver's
license, Monday through Friday, between 8:30 a.m. and 4 p.m.
(4) They are sent through the U.S. Postal Service and addressed as
follows: Copyright Arbitration Royalty Panel, P.O. Box 70977, Southwest
Station, Washington, DC 20024-0977. Claims sent through the U.S. Postal
Service must have sufficient postage and bear a January or February
U.S. postmark.
(5) Federal Express, United Parcel Service and similar overnight
delivery services may not be used for the filing of claims. A claim
sent by means of overnight delivery shall be done via U.S. Postal
Service Express Mail, and the claim shall be addressed in accordance
with paragraph (a)(4) of this section.
(b) Claims dated only with a business meter that are received after
the last day in February will not be accepted as having been timely
filed.
(c) Notwithstanding paragraphs (a) and (b) of this section, in any
year in which the last day of February falls on a Saturday, Sunday, a
holiday, or other nonbusiness day within the District of Columbia or
the Federal Government, claims received by the Copyright Office by the
first business day in March, or properly addressed and deposited with
sufficient postage with the United States Postal Service and postmarked
by the first business day in March, shall be considered timely filed.
(d) No claim may be filed by facsimile transmission.
(e) In the event that a properly addressed and mailed claim is not
timely received by the Copyright Office, a claimant may nonetheless
prove that the claim was properly filed if it was sent by certified
mail return receipt requested, and the claimant can provide a receipt
bearing a January or February date stamp of the U.S. Postal Service,
except where paragraph (c) of this section applies. No affidavits will
be accepted in lieu of the receipt.
(f) A claimant may prove that a claim submitted on-line through the
Copyright Office Web site was received timely in the Office's server by
providing either the confirmation page generated upon submission of the
claim or the electronic mail message from the Copyright Office
confirming receipt of the claim. No affidavits will be accepted in lieu
thereof.

Sec. 259.7 [Amended]

17. Amend newly redesignated Sec. 259.7 by adding ``by hand
delivery or by mail,'' after ``Copyright Office'.

Dated: October 13, 2004.
Marybeth Peters,
Register of Copyrights.
[FR Doc. 04-23298 Filed 10-15-04; 8:45 am]

BILLING CODE 1410-33-P