[Federal Register Volume 73, Number 84 (Wednesday, April 30, 2008)]
[Proposed Rules]
[Pages 23390-23393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-9487]
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LIBRARY OF CONGRESS
Copyright Office
37 CFR Part 202
[Docket No. 2007-9]
Registration of Claims to Copyright, Group Registration Options
AGENCY: Copyright Office, Library of Congress.
ACTION: Notice of Proposed Rulemaking.
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SUMMARY: The Copyright Office of the Library of Congress is proposing
to amend its regulations governing the registration options which allow
grouping of individual works to be registered using one application to
require online submission for these options.
DATES: Comments must be received on or before May 30, 2008.
ADDRESSES: If hand delivered by a private party, an original and five
copies of the comments should be brought to Room 401 of the James
Madison Building between 8:30 a.m. and 5 p.m.
[[Page 23391]]
The material should be addressed as follows: Office of the General
Counsel, Library of Congress, James Madison Building, LM-401,
Washington, DC, 20559-6000.
If delivered by a commercial courier, an original and five copies
must be delivered to the Congressional Courier Acceptance Site
(``CCAS'') located at 2nd and D Streets, NE, Washington, DC between
8:30 a.m. and 4 p.m. The envelope should be addressed as follows:
Office of the General Counsel, U.S. Copyright Office, LM 401, James
Madison Building, 101 Independence Avenue, SE, Washington, DC. Please
note that CCAS will not accept delivery by means of overnight delivery
services such as Federal Express, United Parcel Service or DHL.
If sent by mail (including overnight delivery using U.S. Postal
Service Express Mail), an original and five copies should be addressed
to U.S. Copyright Office, Copyright GC/I&R, P.O. Box 70400, Washington,
DC 20024.
FOR FURTHER INFORMATION CONTACT: Tanya M. Sandros, General Counsel,
Copyright GC/I&R, P.O. Box 70400, Washington, DC 20024-0977. Telephone:
(202) 707-8380. Telefax: (202) 252-3423.
SUPPLEMENTARY INFORMATION:
Background
When Congress enacted its major revision to the copyright law in
1976, it provided for a single registration for a group of related
works, 17 U.S.C. 408(c)(1) and explained in the legislative history the
need for liberalization in allowing the Register to set registration
options in which a group of related works might be registered together.
House Report, H.R. Rep. No. 1476, 94th Cong., 2d Sess. (1976). Congress
pointed out the ``unnecessary burdens and expenses'' connected with
requiring separate registrations [including multiple sets of
application forms and multiple fees] for separate works. Congress even
gave examples where a single registration might be made rather than
multiple registrations, including the various editions or issues of a
daily newspaper or a group of photographs by one photographer. Id. at
154.
To accommodate this need, the Register has issued regulations
offering a group registration option in which published, related
individual works of authorship may be aggregated and submitted for
registration for one fee, using one application form, and sending one
group of required deposit copies. The group registration option may be
used to register a group of serial issues first published on or after
January 7, 1991, at intervals of a week or longer within a 3-month
period during the same calendar year; a group of newspapers published
within the same month; a group of newsletter issues first published on
or after July 1, 1999, with the claim including two or more issues
within a single calendar month within the same calendar year; a group
of contributions to a periodical, including a newspaper, by the same
individual author; a group of published photographs by the same
photographer, whether the author is an individual or an employer for
hire, first published in the same calendar year; and a group of updates
or revisions to a database, added over a period of time, whether or not
they are published.
On-line Group Registration
As the Copyright Office prepares for full implementation of its
reengineered processes, it initiated a limited beta test for the
electronic aspect of registration, i.e., for e-service. Applicants
using the electronic registration option electronically submit
applications, filing fees, and digitally formatted deposit copies.
Registration applicants who participate in the beta test operate under
the Office's interim regulations for electronic submission. 72 FR 36883
(July 6, 2007). These interim regulations are applicable only to those
who electronically file their applications. All other applicants
continue to submit claims under the Office's current procedures.
The immediate goal of the Office is to expand its online
registration system to accommodate applications for group
registrations. Online registration will increase the Office's
efficiency in examining these larger group registration claims and
allow the Office to decrease the time it takes to process an
application. Moreover, electronic filing should be easier for the
category of claimants (commercial magazines (i.e., serials) and
newspapers, issuers of newsletters, photographers accustomed to dealing
with digital equipment, owners of online databases, and frequent
contributors to commercial newspapers and periodicals) who usually take
advantage of the group options. Certainly, initial interest in online
registration from remitters of group registrations for serials and
newspapers has been very positive and they have expressed a preference
for submitting their applications for group registrations in this
manner.
Thus, in keeping with the Office's plan to move toward increased
online registrations, this Notice proposes to amend further the current
regulations governing group registration to require any applicant
wishing to take advantage of group registration options to file the
group claim electronically within the reengineered registration system,
and it seeks comment on the Office's proposal, to be implemented after
the beta testing has been completed. Group registration would then be
available only via online submission for the following (currently
permitted) groups of works: published serials, published daily
newspapers, published newsletters, updates to databases, groups of
published photographs, and groups of contributions to periodicals.
Proposed deposit requirements. The current requirements governing
the registration of these groups will remain in place, including the
current deposit material requirements for each type of work. See 37 CFR
202.3(b)(5) - (10) and 202.20(c). The current deposit requirements for
owners of databases, owners of published photographs, owners of
published newsletters and newspapers, magazines (i.e., serials) owners
of the rights in a group of contributions to a periodical are, of
course, print copies and many of these works are wanted by the Library
of Congress for its permanent collections. However, under the new
electronic registration system, applicants in these categories will be
electronically submitting applications and fees and either an
electronic version of the deposit or digitally-formatted identifying
deposit materials for the sake of examination. Amendments have been
proposed to sections 202.3(b) and 202.20(c) which specify the type of
deposit for each type of work that will be required for examination
purposes. In addition, these applicants will also be obliged to submit
appropriate hard copy/tangible deposit materials in separate mailings,
to be directed to the Library of Congress for its collections in the
case where the Library has indicated a particular title it wants for
its permanent collection.
Form GR. The Office expects the filing of group registrations to be
facilitated by its electronic system and by the new online group
application form (Form GR) which is flexibly constructed. The form
requires each applicant to provide general information, common to all
groups, and additional information about the group of works being
registered. The application has been developed so that it indicates
clearly the particular group of works for which specific information
must be given.
There is one change, however, with the new Form GR. A particular
piece of usual registration information - a description of new matter
within a work
[[Page 23392]]
- is no longer explicitly required on the group registration form
because many of the group options require that the works included
within the grouping be ``essentially new'' with respect to their
authorship. For example, most of the photographs in a group of
published photographs will be new as they appear[ed] as first
published, as will contributions to periodicals.
However, because there is a possibility that some authorship may be
derivative or a revision of one or more of the individual works
included within these group registration options, the form includes
check boxes within the electronic form for author's contribution[s]
concerning the individual works, or components, including `editing' and
`compilation.' These terms may, for example, denote revised database
authorship in individual elements incorporated into a database or they
may indicate authorship in the overall compiling and editing which may
have been changed, altered or revised. The form also includes an
``other'' field associated with the authorship description for those
situations where none of the choices apply.
Fees. The Office has also considered the fee structure for group
registrations. The current fees are now set at a lower cost than the
applicant would normally be paying if all individual works within a
group were separately submitted, reflecting the reduction in price that
the Office thinks should accompany the group options. Thus, the fees
governing group registration options will remain at their current
levels. See 37 CFR 201.3.
List of Subjects in 37 CFR Part 202
Claims, Copyright, Registration requirements.
Proposed Regulations
In consideration of the foregoing, the Copyright Office proposes to
amend Subchapter A, part 202 of 37 CFR, 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 is amended as follows:
a. By revising paragraph (b)(5)(ii)(A);
b. By revising paragraph (b)(6)(v);
c. By revising paragraph (b)(7)(i)(B);
d. By removing paragraph (b)(8)(i)(E), revising paragraphs
(b)(8)(ii)(A) and (B), and amending paragraph (b)(8)(ii)(C) by removing
the phrase ``paragraph (b)(8)(i)(E)'' and add in its place ``paragraph
(b)(8)(ii)(B)'';
e. By revising paragraphs (b)(9)(vi)(A) and (viii);
f. By revising paragraph (b)(10) introductory text; and
g. By revising paragraph (b)(10)(viii).
The revisions to Sec. 202.3 read as follows:
Sec. 202.3 Registration of copyright.
* * * * *
(b)* * *
(5) * * *
(ii) * * *
(A) A Form GR (Group Application), completed in accordance with
instructions relevant to the authorship and ownership of updates and
revisions to an automated database, as those instructions are found at
the Copyright Office website, must be completed electronically within
the Copyright Office registration system, including online payment of
the filing fee. The required deposit material described in paragraphs
(b)(5) (ii)(C) of this section may be submitted electronically in an
acceptable digital-file format.
* * * * *
(6)* * *
(v) A Form GR (Group Application), completed in accordance with
instructions relevant to the authorship and ownership of all individual
issues of a particular serial title, published within the required
three-month period, as those instructions are found at the Copyright
Office website, must be completed electronically within the Copyright
Office registration system, including online payment of the appropriate
filing fee, as required in Sec. 201.3(c), and a deposit consisting of
one complete copy of the best edition of each issue for use by the
Library of Congress in cases where the Library has indicated selection
of the title. In addition, a digital copy of each entire issue included
in the group must be submitted for purposes of examination and
completion of registration.
(7)* * *
(i)* * *
(B) A Form GR (Group Application), completed in accordance with
instructions relevant to the authorship and ownership of issues
published within the required one-month period of a particular
newspaper title, as those instructions are found at the Copyright
Office website, must be completed electronically within the Copyright
Office registration system, including online payment of the filing fee
as required in Sec. 201.3(c). In addition to the deposit materials
required under paragraph (b)(7)(i)(D) of this section for use by the
Library of Congress in cases where the Library has indicated selection
of the title, a digital copy of each entire issue included in the group
must be submitted electronically in an acceptable format for purposes
of examination and completion of registration.
* * * * *
(8)* * *
(ii)* * *
(A) A Form GR (Group Application), which is the appropriate form
for the registration of a group of contributions, no matter the nature
of the authorship of the contributions;
(B) A completed Form Group Continuation Sheet (CON GR), which must
accompany the Form GR application. All applicable information for each
contribution included in the registration must be provided on the CON
GR. Both Form GR and the CON GR, completed in accordance with
instructions relevant to the authorship and ownership in the particular
contributions included in the registration, as those instructions are
found at the Copyright Office website, must be completed electronically
within the Copyright Office registration system, including online
payment of the filing fee. The required deposit material consists of a
complete digital copy of each contribution within the group submitted
electronically in a digital-file format. No identifying material, i.e.,
no redaction of the content of the contribution, may be submitted for
purposes of examination and completion of registration; and
* * * * *
(9) * * *
(vi) Deposit. (A). The deposit for newsletters registered under
this section is a digital copy of each entire issue included in the
group submitted electronically for purposes of examination and
completion of registration.
* * * * *
(viii) A Form GR (Group Application), completed in accordance with
instructions relevant to the authorship and ownership of issues
published within the required same calendar month of a particular
newsletter title, as those instructions are found at the Copyright
Office website, must be completed electronically within the Copyright
Office registration system, including online payment of the filing fee.
In addition to the print deposit materials required pursuant to
paragraph (b)(9)(vi)(B) of this section for use by the Library of
Congress in cases where the Library has indicated selection of the
title, a digital copy of each entire issue included in the group
[[Page 23393]]
must be electronically submitted for purposes of examination and
completion of registration.
(10) Group registration of published photographs. Pursuant to the
authority granted by 17 U.S.C. 408(c)(1), the Register of Copyrights
will accept a Form GR (Group Application), which must be electronically
filed, and which must be accompanied by a Group Continuation Sheet (CON
GR), appropriate deposit, and online payment of the filing fee for
registration if the following conditions are met:
* * * * *
(viii) The applicant must electronically complete the Form GR
(Group Application) application, which must be accompanied by a Group
Continuation Sheet (CON GR). This application must be completed in
accordance with instructions relevant to the authorship and ownership
of the photographs published within the same calendar year, as those
instructions are found at the Copyright Office website, and must be
completed electronically within the Copyright Office registration
system. In lieu of the deposit material required pursuant to paragraph
(b)(10)(ix) of this section, all photographs included within the group
must be electronically submitted in digital-file format for purposes of
examination and completion of registration. Where, however, the Library
of Congress requests a particular photograph or photographs for its
collections, the required print deposit materials must be submitted.
* * * * *
3. Section 202.20(c) is amended as follows:
a. By amending paragraph (c)(2)(vii)(D)(5) to add the phrase
``submit electronically in an acceptable file format'' after ``the
claimant shall'';
b. By revising paragraph (c)(2)(xv);
d. By revising paragraph (c)(2)(xvii);
e. By redesignating paragraphs (c)(2)(xviii) through (xx) as
(c)(2)(xx) through (xxii), respectively;
f. By adding new paragraphs (c)(2)(xviii) and (xix); and
g. By revising redesignated paragraph (c)(2)(xxii).
The revisions to Sec. 202.20 read as follows:
Sec. 202.20 Deposit of copies and phonorecords for copyright
registration.
* * * * *
(c)* * *
(2) * * *
(xv) Contributions to collective works. In the case of published
contributions to collective works, the deposit must consist of a
digital copy of each entire contribution included within the group as
it was published in the collective work and one complete copy of the
best edition of the entire collective work in the case where the
Library of Congress has indicated selection of a collective work.
* * * * *
(xvii) Group registration of serials. For group registration of
related serials, as specified in Sec. 202.3(b)(6), the deposit must
consist of one complete copy of each issue included in the group
registration which shall be submitted electronically in an acceptable
file format. In addition, two complimentary subscriptions to any serial
for which group registration is sought must be entered and maintained
in the name of the Library of Congress, and the copies must be
submitted regularly and promptly after publication.
(xviii) Group registration of daily newspapers. For group
registration of daily newspapers, as specified in Sec.
202.3(b)(7)(i)(B), the deposit consists of a digital copy of each
entire issue included in the group which shall be submitted
electronically in an acceptable file format, and the print deposit
materials required under Sec. 202.3(b)(7)(i)(D) for use by the Library
of Congress in cases where the Library has indicated selection of the
title.
(xix) Group registration of daily newsletters. For group
registration of daily newsletters, as specified in Sec. 202.3(b)(9),
the deposit must consist of a digital copy of each issue included in
the group registration which shall be submitted electronically in an
acceptable file format and the print deposit materials required
pursuant to Sec. 202.3(b)(9)(vi)(B) for use by the Library of Congress
in cases where the Library has indicated selection of the title.
* * * * *
(xxii) Photographs: group registration. For groups of photographs
registered with one application under Sec. 202.3(b)(3)(i)(B)
(unpublished collections) or Sec. 202.3(b)(10) (group registration of
published photographs), all photographs, in their entire content,
included within the group must be electronically submitted in a digital
file format. In addition, when the Library of Congress requests a
particular photograph or photographs for its collection, photographs
must be deposited in one of the following formats (listed in the
Library's order of preference):
* * * * *
Dated: April 24, 2008.
Marybeth Peters,
Register of Copyrights.
[FR Doc. E8-9487 Filed 4-29-08; 8:45 am]
BILLING CODE 1410-30-S