[Federal Register: January 21, 2005 (Volume 70, Number 13)]
[Notices]
[Page 3231-3232]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21ja05-93]
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LIBRARY OF CONGRESS
Copyright Office
[Docket No. 2005-1]
Registration of Claims to Copyright: New Format for Certain
Copyright Registration Certificates
AGENCY: Copyright Office, Library of Congress.
ACTION: Policy decision.
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SUMMARY: The Copyright Office of the Library of Congress is changing
the format of certain copyright registration certificates issued under
the Copyright Act. Certificates in the new format will be issued only
for motion pictures and other audiovisual works registered in class PA,
as part of a pilot project. For all other categories of registrations,
the certificate format will not change. The substantive content of all
certificates will remain the same.
DATES: Effective Date: February 14, 2005.
FOR FURTHER INFORMATION CONTACT: Jeff Cole, Acting Reengineering
Program Manager, or Kent Dunlap, Principal Legal Advisor to the General
Counsel. Telephone: (202) 707-8350. Telefax: (202) 707-8366.
SUPPLEMENTARY INFORMATION:
1. Background
Section 410(a) of the copyright law provides that after the
Register of Copyrights examines a submitted copyright claim and
determines that it can be registered, ``the Register shall register the
claim and issue to the applicant a certificate of registration under
the seal of the Copyright Office. The certificate shall contain the
information given in the application, together with the number and
effective date of registration.'' Under practices in place since 1978,
registration certificates are reproductions of the paper application
form.
The Copyright Office is reengineering its business processes to
improve the efficiency and timeliness of its public services. The
Office is seeking to provide more copyright services online, ensure the
prompt availability of copyright records, provide better tracking of
items in the workflow, and reduce paper handling. Reengineering is a
multi-year effort that began in 2000, and full implementation is
scheduled for the fall of 2006.
Under the reengineered process, copyright registration certificates
will be generated from the registration data stored in an electronic
information system. The data will be entered into the system either
directly from an online electronic application, or by the scanning of a
revised paper application form. Unlike the current certificate, the new
certificate will not be a reproduction of the paper application form.
2. Pilot for Registration of Motion Pictures and Other Audiovisual
Works
To test the new processes, a pilot will begin on February 14, 2005,
involving registrations for motion pictures and other audiovisual works
registered in class PA. During the pilot, applicants will continue to
file claims using the current Form PA paper application. Online
electronic applications will be the subject of a later pilot.
In the pilot, the certificate will be generated from the
registration data scanned into the system from the Form PA paper
application. While the substantive content of the new certificate will
be almost identical to that of the current one, the format and general
appearance will be significantly different. A sample of the new
certificate may be viewed on the Copyright Office Web site at http://www.copyright.gov/docs/mp-pilot-cert.html
.
All of the substantive registration information entered on the
paper form by the applicant will appear on the certificate, organized
by the same space numbers and headings. At the top of the certificate,
the same elements will appear: the registration number, the effective
date of registration, and the
[[Page 3232]]
certification, including the Copyright Office seal and the signature of
the Register of Copyrights.
Certain incidental information unrelated to the substance of the
copyright claim will be eliminated from the new certificate. The
omitted material may include the instructional text found on the paper
form, some headings of lines left blank where the information is not
required, the ``checked by'' line in the ``Copyright Office use only''
space, the deposit account name and number, and the handwritten
signature. Also, the mailing address for the certificate will be
printed on a separate sheet of paper to facilitate mailing.
3. Copyright Office Practices in Administering the Pilot
When appropriate, the Copyright Office will continue to make
amendments to information on the Form PA application, with the
authorization of the applicant by telephone call, letter, or email. In
a change from the current procedure, such amendments will no longer
appear as annotations on the certificate; instead, the certificate will
show only the corrected information. The applicant's authorization for
the amendment, as well as all correspondence and records of phone
calls, will be stored in a permanent electronic file created for every
registration. This information will be part of the public record, and
persons wishing to obtain access to or copies of this information may
do so under existing procedures set forth at 37 CFR 201.2.
In limited situations, following existing practices, the Copyright
Office will make annotations without contacting the applicant, when the
information is clear from the deposit copy or other registration
materials. In addition, annotations may be added to the certificate to
clarify the scope of the copyright claim in accordance with the
copyright law or Copyright Office regulations. Examples include: noting
the nature of the deposit copy; noting the presence of preexisting
material clearly identified as such in the deposit copy; and commenting
on a reference to an element not subject to copyright protection under
17 USC 102(b), e.g. ``idea,'' or 37 CFR 202.1, e.g. ``title.''
4. Transition Period
Certificates in the new format will be produced only for
applications included in the pilot project and initially received in
the Copyright Office on or after the start date, February 14, 2005. For
applications for motion pictures and other class PA audiovisual works
already in process in the Copyright Office on that date, including
those for which correspondence is pending, certificates will continue
to be issued in the current format, even after the pilot begins.
Dated: January 14, 2005.
Marybeth Peters,
Register of Copyrights.
[FR Doc. 05-1131 Filed 1-19-05; 8:45 am]
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