[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR201.38]

[Page 539-540]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
                                CONGRESS
 
PART 201_GENERAL PROVISIONS--Table of Contents
 
Sec. 201.38  Designation of agent to receive notification of claimed infringement.

    (a) General. This section prescribes interim rules under which 
service providers may provide the Copyright Office with designations of 
agents to receive notification of claimed infringement under section 
512(c)(2) of title 17 of the United States Code, as amended. These 
interim rules shall remain in effect until more comprehensive rules have 
been promulgated following a notice of proposed rulemaking and receipt 
of public comments.
    (b) Forms. The Copyright Office does not provide printed forms for 
filing an Interim Designation of Agent to Receive Notification of 
Claimed Infringement.
    (c) Content. An ``Interim Designation of Agent to Receive 
Notification of Claimed Infringement'' shall be identified as such by 
prominent caption or heading, and shall include the following 
information with respect to a single service provider:
    (1) The full legal name and address of the service provider;
    (2) All names under which the service provider is doing business;

[[Page 540]]

    (3) The name of the agent designated to receive notification of 
claimed infringement;
    (4) The full address, including a specific number and street name or 
rural route, of the agent designated to receive notification of claimed 
infringement. A post office box or similar designation will not be 
sufficient except where it is the only address that can be used in that 
geographic location;
    (5) The telephone number, facsimile number, and electronic mail 
address of the agent designated to receive notification of claimed 
infringement.
    (d) Signature. The Interim Designation of Agent to Receive 
Notification of Claimed Infringement shall include the signature of the 
appropriate officer or representative of the service provider 
designating the agent. The signature shall be accompanied by the printed 
or typewritten name and title of the person signing the Notice, and by 
the date of signature.
    (e) Filing. A service provider may file the Interim Designation of 
Agent to Receive Notification of Claimed Infringement with the Copyright 
Information Section, Room LM-401, James Madison Memorial Building, 
Library of Congress, 101 Independence Avenue, SE, Washington, DC, during 
normal business hours, 9 am to 5 pm. If mailed, the Interim Designation 
should be addressed to: Copyright GC/I&R, PO Box 70400, Washington, DC 
20024. Each designation shall be accompanied by a filing fee for 
Recordation of an Interim Designation of Agent to Receive Notification 
of Claimed Infringement under section 512(c)(2) in the amount prescribed 
in Sec. 201.3(c). Designations and amendments will be posted online on 
the Copyright Office's website (http://www.loc.gov/copyright).
    (f) Amendments. In the event of a change in the information reported 
in an Interim Designation of Agent to Receive Notification of Claimed 
Infringement, a service provider shall file with the Copyright 
Information Section an amended Interim Designation of Agent to Receive 
Notification of Claimed Infringement, containing the current information 
required by Sec. 201.38(c). The amended Interim Designation shall be 
signed in accordance with the requirements of Sec. 201.38(d) and shall 
be accompanied by a fee equal to the amount prescribed in Sec. 201.3(c) 
for Recordation of an Interim Designation of Agent to Receive 
Notification of Claimed Infringement under section 512(c)(2).
    (g) Termination and dissolution. If a service provider terminates 
its operations, the entity shall notify the Copyright Office by 
certified or registered mail.

[63 FR 59234, Nov. 3, 1998, as amended at 67 FR 38005, May 31, 2002; 72 
FR 5932, Feb. 8, 2007; 73 FR 37839, July 2, 2008]