[Federal Register: June 27, 2006 (Volume 71, Number 123)]
[Rules and Regulations]
[Page 36486]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27jn06-5]
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LIBRARY OF CONGRESS
Copyright Office
37 CFR Part 201
[Docket No. 2006-3]
Notice of Termination
AGENCY: Copyright Office, Library of Congress.
ACTION: Final rule: technical amendment.
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SUMMARY: The Copyright Office is making a technical amendment in the
regulation regarding notices of termination of transfers and licenses
to clarify determination of the date on which notice was served. In
instances where first class mail is used, the date on which notice of
termination is served is the day on which the notice was mailed.
DATES: Effective Date: June 27, 2006.
FOR FURTHER INFORMATION CONTACT: Kent Dunlap, Principal Legal Advisor
for the General Counsel, Telephone: (202) 707-8380. Telefax: (202) 707-
8366.
SUPPLEMENTARY INFORMATION: Section 201.10 of the Copyright Office's
regulations establishes procedures governing the form, content, and
manner of service of notices of termination of transfers and licenses
under sections 203 and 304 of the copyright law, 17 U.S.C. 203, 304.
Regarding service of a notice of termination, Sec. 201.10(d)(1) of the
regulations provides that service on each grantee shall be made ``by
personal service, or by first-class mail sent to an address which,
after a reasonable investigation, is found to be the last known address
of the grantee or successor in title.'' In order to record a notice of
termination, Sec. 201.10(f)(ii) requires ``[t]he copy submitted for
recordation shall be accompanied by a statement setting forth the date
on which the notice was served and the manner of service, unless such
information is contained in the notice.''
With respect to notices served by mail, date of service as referred
to in Sec. 201.10(f)(ii) means the day on which the notice of
termination is mailed. The Documents Section of the Copyright Office
has noted that a number of filings of notices of termination do not
specify a single day date, but qualify the statement by saying ``on or
about,'' or some other similar qualifier. It is our understanding that
the reason some applicants avoid designating a single day date is the
belief that the date of service is intended to mean the date on which
the grantee receives the notice. In order to clarify this matter, we
are adding a sentence at the end of Sec. 201.10(f)(1)(ii) providing:
``[i]n instances where service is made by first-class mail, the date of
service shall be the day the notice of termination was deposited with
the United States Postal Service.''
Because this amendment is declarative of the Office's existing
policy and practices and is being issued simply for purposes of
clarification, the Office finds that there is good cause to make it
effective immediately.
List of Subjects in 37 CFR Part 201
Copyright.
Technical Amendment
0
In consideration of the foregoing, the Copyright Office is amending
part 201 of 37 CFR, chapter II in the manner set forth below.
PART 201--GENERAL PROVISIONS
0
1. The authority citation for part 201 continues to read as follows:
Authority: 17 U.S.C. 702.
0
2. Amend Sec. 201.10 (f)(1)(ii) by adding a sentence to the end of the
paragraph to read as follows:
Sec. 201.10 Notices of termination of transfers and licenses.
* * * * *
(f) * * *
(1) * * *
(ii) * * * In instances where service is made by first-class mail,
the date of service shall be the day the notice of termination was
deposited with the United States Postal Service.
* * * * *
Dated: June 20, 2006.
Marybeth Peters,
Register of Copyright.
Approved by:
James H. Billington,
Librarian of Congress.
[FR Doc. E6-10091 Filed 6-26-06; 8:45 am]
BILLING CODE 1410-30-P