[Federal Register: July 6, 2007 (Volume 72, Number 129)]
[Rules and Regulations]
[Page 36883-36889]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06jy07-12]
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LIBRARY OF CONGRESS
Copyright Office
37 CFR Part 202
[Docket No. RM 2007-7]
Online Registration of Claims to Copyright
AGENCY: Copyright Office, Library of Congress.
ACTION: Interim regulations for online registration.
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SUMMARY: The Copyright Office is undergoing an extensive business
process reengineering (BPR) initiative of many of its internal work
systems, including registration and recordation procedural systems, to
enhance the delivery of its services to the public. The implementation
of an online registration system is a key component of BPR, and it
requires that the Office amend its regulations governing the procedures
by which the public submits, and the Office processes, copyright
registrations and recordations.
These interim rules identify the principal changes and upgrades to
the registration system and announce the amendments to the regulations
to accommodate online registration. These changes will become effective
with the commencement of the Beta test phase of the electronic, online
registration system in July 2007. The Beta test phase will be limited
to selected participants until system testing is complete, at which
time the Office will open the electronic registration system to the
public.
DATES: These interim rules become effective on July 6, 2007. Written
comments on the interim regulation should be received on or before
September 4, 2007.
ADDRESSES: If hand delivered by a private party, an original and five
copies of a comment or reply comment should be brought to the Library
of Congress, U.S. Copyright Office, Public and Information Office, 101
Independence Ave., SE., Washington, DC 20559, between 8:30 a.m. and 5
p.m. The envelope should be addressed as follows: Office of the General
Counsel, U.S. Copyright Office.
If delivered by a commercial courier, an original and five copies
of a comment 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 of a comment or reply comment should
be addressed to U.S. Copyright Office, Copyright GC/I&R, P.O. Box
70400, Washington, DC 20024.
FOR FURTHER INFORMATION CONTACT: Tanya Sandros, General Counsel, or
Nanette Petruzzelli, Special Legal Advisor to the Register for
Reengineering, Copyright Office, Library of Congress, Washington, DC
20540. Telephone: (202) 707-8380. Telefax: (202) 707-8366.
SUPPLEMENTARY INFORMATION:
Background
For well over a century, the Copyright Office has met its statutory
obligation of registering claims to copyright and recording documents
pertaining to copyright. 17 U.S.C. 207-210 (1909 Copyright Act,
repealed 1976), as amended, 17 U.S.C. 205, 408-410 (2005). The
Copyright Office's internal processes for registering claims have been
improved and upgraded periodically to take advantage of the emergence
of new technologies for the purpose of greater efficiency in operating
an office of record. The Office has issued, on average, more than a
half-million certificates of registration each fiscal year for the past
ten years. In fiscal year 2005, the Office received 600,535 claims to
copyright for more than a million works of authorship of which it
registered 531,720 claims. See Annual Report of the Register of
Copyrights, Fiscal Year Ending September 30, 2005, at 9; also available
on the Copyright Office website at http://www.copyright.gov.
Approximately seven years ago, the Copyright Office decided that an
extensive restructuring of its registration processing was in order to
address the
[[Page 36884]]
long processing times and mechanical problems with outdated office
machinery that had come to characterize the registration system. The
Office's objectives in undertaking reengineering include the following:
improve the efficiency and timeliness of public services; provide more
Copyright Office services online; ensure the prompt availability of
newly created copyright records; provide better internal tracking of
items within all aspects of the Office's workflow; and increase the
acquisition of digital works for the Library of Congress.
In addition to registration, reengineering's scope will ultimately
extend to all of the Office's IT systems, mandatory deposit submissions
under section 407 of the copyright law, the recordation of documents
pertaining to copyrights, vessel hull designs, and mask works, and to
administrative actions for cable, satellite and other compulsory
licensing.
These interim rules, however, lists and explains the changes
applicable to the electronic copyright registration option and
announces regulatory amendments to address the changes resulting from
the adoption of electronic copyright registration procedures. These
changes will apply to all participants submitting claims
electronically, including those who take part in the Beta test. Those
who do not participate in the Beta test will continue to submit paper
applications under the current regulations. Other changes arising from
the reengineered processes will be announced in the future in separate
notices to the public.
Beta testing of electronic registration system
The Beta test phase of the online registration system component of
the electronic Copyright Office (``eCO'') will begin in July 2007. The
Office has chosen to implement its electronic registration procedures
within a test environment initially in order to ensure the public
seeking the benefits of online registration of the ease and functional
accuracy of the new system and to allow the Copyright Office the
necessary time to optimize all aspects of the new system. Participants
in the Beta test will be selected based upon a set of criteria designed
to identify participants with a wide variety of claims and accompanying
deposit copy materials in all classes of authorship in order to
determine whether the electronic system can effectively receive and
process the electronic submissions. See 72 FR 30641 (June 1, 2007).
The initial phase of the Beta test will cover basic registration
claims for literary works, visual arts works, performing arts works and
sound recordings submitted electronically. At a later date, additional
participants will be added as the system shows its continuing
reliability, and the Beta test will expand to cover all options for
submitting applications and additional registration claim types,
including group registrations, vessel hull designs, mask works,
renewals, and corrections and amplifications of existing registrations.
The Online Registration Process
Registration consists, in part, of the statutorily mandated act of
examining all works submitted for registration. 17 U.S.C. 410(a). The
examination includes an Office determination of the copyrightability of
the work as well as a determination that all other legal and formal
requirements of the statute and regulations have been met with respect
to all relevant facts surrounding a given work. While these statutory
activities will not change, the Office is proposing major changes to
the processes it employs to meet these requirements. Changes are being
made to the registration application forms; deposit copy requirements
for works submitted in an electronic format; the certificate of
registration; the permanent registration record which the Office will
maintain and make available; and the manner in which the Office will
communicate with the public concerning registration submissions. These
changes will be phased in over time after being fully tested.
The Copyright Office has traditionally communicated with
registration applicants by phone, letter, or email. Because of the
change to electronic recordkeeping which the reengineered registration
system represents, communication with applicants will occur more
frequently by email because of the ease, the wide availability of the
email medium, and the speed with which communication can be
accomplished. Email, however, will not totally replace communication by
letter or phone.
Options for submitting claims after reengineering
A registration application may be completed and submitted online or
by mailing or delivering a completed application form, new Form CO, to
the Copyright Office. Because the Office expects to accrue savings due
to the more efficient processing of electronic claims, a lower filing
fee of $35 has been established for online submissions. The fee for
filing paper applications will remain $45. Four options will be
available for registering claims in the reengineered Copyright Office.
During the initial phase of the Beta test only registration by
electronic submission (options 1 and 2) will be available. As
the other options become available, they too will be offered to the
participants in the Beta test; and once the Beta test is complete, the
following four options will be made available to the public.
1. Registration may be made by electronic submission of the claim
in its entirety. This means that the applicant electronically submits
the application form via the Copyright Office website,
http://www.copyright.gov, concurrently sends electronically the deposit
materials, and pays the appropriate filing fee electronically, through
an electronic fund transfer, with a credit card, or through a Copyright
Office deposit account. This is full electronic submission and the
filing fee is $35.
2. Registration may be made by electronically submitting the
application form and the required filing fee, payment being made as
described above, and mailing the required deposit materials in
accordance with the filings requirements set forth in 37 CFR 202.20.
The registration fee for this option is $35.
3. Registration may be made by completing a pdf version of the
application, Form CO, available on the Office's website,
http://www.copyright.gov, and printing it out. The completed form includes a
barcode containing the information that has been entered by the
applicant and which will facilitate the Office's handling of the claim.
The completed application form accompanied by the appropriate deposit
materials and the required $45 filing fee for a nonelectronic
submission may be submitted to the Office by mail or hand delivered.
Payment may be made by check, money order or Copyright Office deposit
account.
4. Registration may be made by completing a blank application, Form
CO, from the Office's website, http://www.copyright.gov, or by requesting a
blank registration form by phone, facsimile, email, US mail or by
visiting the Public Information Office. This form is the same as the
pdf version described above. The applicant may complete the form either
by typing or printing the required information. The completed
application form accompanied by the appropriate deposit materials and
the required $45 filing fee for a nonelectronic submission may be
submitted to the Office by mail or hand delivered. Payment may be made
by check, money order or Copyright Office deposit account. Office staff
will enter
[[Page 36885]]
all applicant-supplied information into the automated registration
system.
Applications that are completed by hand or that are typed may take
longer for processing because the Office staff must transfer the
information into the automated registration system.
Use of the US Postal Service to deliver claims
After the electronic registration system is fully tested and
released to the public, some applicants will continue to submit their
claims through the mail. To assure that postal mail is routed correctly
within the Copyright Office, applicants should use the appropriate 4-
digit extension to the zip code and also indicate, by a two-letter
abbreviation, the general subject matter of the claim. Those who submit
a Form CA or Form Gatt should also include the appropriate two-letter
code to identify the class of work. Claims should be addressed to the
Office in the following manner:
Library of Congress
Copyright Office - xx (two-letter code)
101 Independence Avenue, S.E.
Washington, D.C. 20559-6xxx (four-letter code)
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Class of work Two letter code 4-digit zip code extension
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literary works TX 6222
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serials SE 6226
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visual arts works VA 6211
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performing artworks, except motion pictures PA 6233
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sound recordings SR 6237
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motion pictures MP 6238
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renewal claims RE 6239
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document recordations DOC 6216
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mask works MW 6214
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vessel hull designs VH 6215
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Applicants are reminded that all mail addressed to Capitol Hill
must be screened for security purposes. This required step
significantly slows the traditional processing times for registration.
This delay may be avoided by filing claims online. For information on
walk-in business hours, security procedures, and other services of the
Copyright Office Public Information Office, see the website at
http://www.copyright.gov or phone the Office at 202-707-5959.
Forms
A. Form CO
Form CO is the new generic application, appropriate for
registration of a single work in any of the four classes of authorship
(literary works, including single serial issues; works of the visual
arts, including architectural works; works of the performing arts,
including motion pictures and other audiovisual works; and sound
recordings). It replaces the current registration application forms,
Forms TX, VA, PA, SR, and SE, and it too will be made available on the
Copyright Office website.
Anyone wishing to register, for example, a book of poems, a
computer program, a photograph, a map, or a sound recording and the
song embodied within it, will use the generic registration form. Form
CO will be available for all classes of authorship and registration
will be made in the class of the predominant authorship which is the
same principle the Office now follows. See 37 CFR 202.3(b)(1) and
(b)(2). The Office will retain the registration class indicators TX
(literary works), VA (visual arts), PA (performing arts), and SR (sound
recordings) for this purpose and also as a means of separating records
within the official registration database.
Form CO is also the appropriate form for registering a single
serial issue and multiple works considered to be a single unit under
Office current regulations, see 37 CFR 202.3(b)(3). For purposes of
registering these types of works, the paper application form contains a
dedicated space for the title, and, if the work is a serial issue, the
title of the serial will be placed there. The electronic form provides
a similar field and also includes space for the volume/number/issue
and, if there is one, the ISSN (International Standard Serial Number)
for the serial of which one issue is being registered.
Much of the required information on the new application form
remains the same as the information required on the current forms. See
17 U.S.C. 409. However, the sequencing of the required information
appearing in the new form differs from that on the current application
forms; and there are several newly-appearing pieces of data on the
generic application. Specifically, Form CO asks for the following
additional but optional information:
1. International Standard Serial Number (ISSN) information and the
International Standard Book Number (ISBN), for monographic works;
2. Claimant email and telephone number; and
3. Rights and permission data.
B. Form CA
Form CA is an application for supplementary registration to correct
or augment the information in an already completed registration. The
additional information does not supersede the information contained in
the earlier registration. 17 U.S.C. 408(d). The Office will continue to
use Form CA.
Supplementary registration within the reengineered Copyright Office
may be accomplished either by filing electronically the application
Form CA or by submitting a paper application Form CA. No changes have
been made to the information required on the form.
[[Page 36886]]
The Office has determined that the required fields in the current
supplementary registration application are the appropriate fields.
Thus, except for the format, Form CA will essentially remain the same.
Form CA has been reformatted to make completion of the form more
straightforward.
C. Continuation sheets
A continuation sheet is an adjunct to Form CO and serves as a form
to provide additional information. Continuation sheets, as such, will
not exist in the online electronic form. The online system allows the
entry of large quantities of continuous, applicant-supplied data within
given electronic fields on the basic form, making the additional form
unnecessary.
However, continuation sheets will still be used in conjunction with
paper applications. The Office will offer two print continuation sheets
- CON 1 and CON 2 - for Form CO when used for a single-work. CON 1 is
the generic continuation sheet which can be used for the continuation
of almost all information, except multiple titles. CON 1 is appropriate
for listing additional authors, additional claimants, and additional
information about the extent of the authorship being claimed. CON 2
must be used to list multiple titles which are to be covered by a
single registration.
When the reengineered registration system is released to the public
later this year, there will be no additional fee for the listing of
individual titles. Beginning in calendar year 2008, however, the Office
expects to require an additional fee, $1 per title for electronic
submission and $3 per title for paper submission, for listing
individual titles in which a claim is made. Additionally, the Office
expects to limit the number of titles permitted on a CON 2. A separate
Notice of Proposed Rulemaking covering these topics will be published
in order to gather public comment.
Deposit copies and phonorecords
A. Best Edition considerations
Although the Copyright Office is changing its submission procedures
for the registration of claims to copyright, at this time there is no
change in the deposit requirements for published works. With respect to
published works, the registration requirements for deposit copies and
phonorecords existing in traditional print and physically tangible
media will remain the same for all works, including those submitted
electronically during the Beta test. Current deposit regulations,
including those governing instances of identifying material, may be
found at 37 CFR 202.20-202.21 and in Appendix B to those regulations,
the Best Edition Statement. See also Copyright Office Circular 7B at
http://www.copyright.gov. Registration of unpublished works may generally be
made with any deposit materials which the applicant chooses, as long as
the deposit shows the content/authorship on which copyright is being
claimed.
For works published in both hard copy as well as in electronic
format, the Library's Best Edition statement remains in effect as do
the Copyright Office's current regulations. Specifically,
Sec. 202.19(b)(1)(iii)(A) states that when the Office is aware
that two or more editions of a work have been published, it will
consult with the Library regarding the `best edition' of the work which
must be submitted under section 407 demand deposit requirements. The
copyright law also provides that ``[c]opies or phonorecords deposited
for the Library of Congress under section 407 may be used to satisfy
the deposit provisions (of section 408, registration deposit
materials), if they are accompanied by the prescribed application and
fee, and by any additional identifying material that the Register may,
by regulation, require.'' 17 U.S.C. 408(b)(4). With the general
exception of the category of computer programs, satisfaction of section
407 demand requirements is tied to deposit materials used in the
registration process. Generally, a hard copy format of a work for which
registration is sought is the edition which the Library currently
requires; that may change in the future.
If the authorship in a multiple formatted work may be examined for
registration using an electronic format, that format may, depending on
the type of work and the collection goals of the Library, be submitted
for registration purposes, but the obligation to deposit best edition
hard copy format[s] may remain. See generally 17 U.S.C. 407; 37 CFR
202.19; Compendium of Copyright Office Practices II, Sec. Sec. 802-
804.
B. Electronic file formats
The Copyright Office is currently concerned with structuring an
automated system under its reengineering program that will be able to
receive, maintain, and archive authorship in an electronic file when
authorship embodied in that file is the subject of copyright
registration. The Office realizes that no particular digital format is
universally employed for this purpose and that a myriad of formats have
evolved to accommodate the differing characteristics regarding the
digitization of diverse content, e.g., photographs and sound
recordings.
Therefore, in order to structure a registration system which will
facilitate the electronic registration of all works, the Office is
identifying those digital formats which it anticipates it will be able
to accommodate within its reengineered registration system. Applicants
will not be required to use a particular digital format for the
electronic submission of a work. Format is one of ease for the
applicant and acceptable formats for registration purposes are listed
merely as preferences. The following formats are acceptable and appear
in no particular order:
.PDF Portable Document Format
.TXT Plain Text File
.WPD WordPerfect document
.DOC Word document
.TIF Tagged Image File Format
.JPG Joint Photographic Expert Group Format
.XML Extensible Markup Language
.MPEG Motion Picture Experts Group, name given in a
general sense to a family of standards for the digital fixing of
audiovisual information in compressed format; this family also
includes:
.MP3 M-PEG 1 Audio Layer 3
.WAV Waveform Audio Format
.HTML Hyper text markup language, markup language used to
structure text and multimedia documents and to set up hypertext links.
Executable files, i.e., those ending in .exe, .com, .bat, etc.,
will not be accepted.
In cases where identifying material is required or allowed, that
material may be submitted electronically, provided that all other
requirements for submitting identifying material are met. A new
regulation at 37 CFR 202.20(e) on electronic deposit formats required
for registration will be added to the deposit regulation within the
coming year, and the Office will seek comment on the proposed
regulation at that time. As is the current practice, where the Office
can accept an electronic submission and the content is encrypted or
compressed, the Office will ask the applicant to provide software and/
or algorithms to enable the required examination of the authorship
content and to allow for the statutorily required public inspection
pursuant to 17 U.S.C. 705(b) of such registered works.
C. Copyright Office use of digital deposit materials
Deposit materials submitted to the Copyright Office for purposes of
registration are governed by the provisions of the copyright statute at
[[Page 36887]]
sections 704 and 705 and the regulations governing the allowable extent
of public inspection and copying of deposit materials found in the
regulations for the Library and the Office's current regulations. See
37 CFR 201.2(b).
Certificates of registration
Since 1978 the Copyright Office has issued certificates of
registration which include a photocopy of the application form
submitted by the applicant. The certificate reflects the application as
it may have been amended, and as it was approved, by the copyright
examiner.
In the new registration system, the Office will issue certificates
of registration containing information supplied by the applicant
concerning the work being registered but which are not identical copies
of the completed, examined, and approved application. These system-
generated certificates will carry a certification which states that the
party who signed the application certifies that the information
provided is correct to the best of his knowledge. That party will have
indicated that he falls within one of the categories of such signing
party, i.e., author, claimant, owner of exclusive rights, authorized
agent of one of these parties, but the form does not require the party
to indicate the particular status. This change addresses the frequent
confusion on the part of applicants and the correspondence that such
confusion has necessitated. The certifying date will automatically be
added to the certificate, and it will be the date the Office
electronically receives initially an acceptable application. The
interim regulatory provisions amending 37 CFR 202.3(c) will govern use
of Form CO.
Parties submitting registration applications in the traditional
paper format on or after July 2, 2007, and who are not part of the Beta
test or the motion picture pilot, see 70 FR 3231 (January 21, 2005),
will continue to receive certificates generated from a photocopied
image of the originally submitted application. However, in the case
where the Office processes a paper application electronically,
certificates generated by the new system will be issued.
The registration record
Section 705(a) of the copyright law requires the Register to
maintain records of ``deposits, registrations, recordations, and other
actions.'' Section 705(b) requires that ``such records and indexes as
well as the articles deposited in connection with completed copyright
registrations and retained under the control of the Copyright Office,
shall be open to public inspection.'' The purpose of the registration
record is to create records that reflect the facts and information
surrounding the copyright claim. As part of its reengineering efforts,
the Copyright Office conducted a review and study of its registration
records created through the years to determine how the registration
records might be improved to provide an accurate summary of a claim to
copyright in a particular work.
The new registration record will contain the information which the
applicant provides the Office and, in some cases, limited additional
information taken from the deposit materials which the registration
specialist determines to be necessary in order to further identify the
work. The Office's goal is to produce a permanent registration record,
clear and unambiguous on its face, which readily reflects, and
distinguishes between, facts supplied to the Office by the applicant
and information, if any, taken from deposit materials.
The first part of the record will contain only the copyright facts
as supplied by the applicant. All information provided by the applicant
on the application form will be taken verbatim. Any substantive editing
of authorship and/or new matter statements and/or material excluded
from claim statements, will be done only after contacting the applicant
for permission to amend the information. The second part of the record
will contain additional information taken from the deposit materials to
assist the public in identifying the work.
The registration records will also include for the first time the
following additional information, where applicable, for the purpose of
creating a more complete and useful record.
transfer statements of copyright from the author to
another party;
the postal address of the claimant;
an indication of the specific authorship description for a
work; and
specific information to indicate the type of material
being excluded from the claim to copyright as well as the new material
on which the claim is based.
In addition, the following information will be included in the
registration record, if provided:
the name, or title, and address of the person authorized
to provide rights and permission to use the work, if authorized;
the email and/or phone number of the rights and permission
party if authorized by the claimant;
the claimant's email address and phone number, if
authorized; and
a PREregistration\1\ number where a preregistration has
occurred prior to actual registration of a work.
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\1\ Preregistration is a procedure administered by the Copyright
Office which permits a `pre' registration for a work that is being
prepared for commercial distribution and has not been published. 17
U.S.C. 408(f)(1). Preregistration serves as a place-holder for
limited purposes--specifically where a copyright owner wishes to
facilitate the bringing of an infringement action while a work is
still in the process of being prepared for commercial release. See
Family Entertainment and Copyright Act, Pub. L. No. 109-9, 119 Stat.
218, signed into law April 27, 2005. The procedure is available only
for certain categories of works which the Register has determined
are eligible because of their prior infringement history. See
information and regulations governing preregistration, 37 C.F.R.
202.16, at the Office's website, http://www.copyright.gov/prereg.
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Some claims to registration which are not submitted as part of the
Beta test will be processed for inclusion in the permanent Office
records in the traditional manner. These registration records will
reflect the current records structure. Other records of registrations,
including some submitted in traditional print format and all those
completed as part of the Beta test will, on the other hand, reflect the
revised public record principles described above.
Keyword searching. An important aspect of the new registration
record will be the restructured search feature based on keywords.
Keyword searches are those which utilize any interior word within a
string of words or a phrase as opposed to using only the first, left-
margin word of a name, title, or phrase. The new system will be able to
locate a registration record using such interior words. Keyword
searching will become available once the database has been switched
from the COPICS system to the Voyager system.
Inspection of records
Completed registration records, including correspondence between
the applicant and Office, will be available for inspection and copying,
under the provisions of current Office regulations. See 37 CFR 201.2.
Adoption of interim regulations
Section 553(b)(3)(A) of the Administrative Procedure Act states
that general notice of proposed rulemaking is not required for rules of
agency organization, procedure, or practice. Since the Office finds
that the following interim regulations are rules of agency
organization, procedure, or practice, no notice of proposed rulemaking
is required. Moreover, because it is necessary to have such a
regulation in place immediately for purposes of the Beta test of the
electronic registration system which is commencing
[[Page 36888]]
concurrently with publication of these regulations, the Register of
Copyrights finds that good cause exists for publication of these
interim regulations less than 30 days before the effective date and
without first seeking public comment. However, the Office is
encouraging interested parties to comment on the interim regulations.
All comments should be submitted no later than September 4, 2007.
List of Subjects in 37 CFR Part 202
Claims, Copyright, Registration requirements.
Interim Rule
0
In consideration of the foregoing, the Copyright Office amends part 202
of 37 CFR, in the manner set forth below:
PART 202 -- REGISTRATION OF CLAIMS TO COPYRIGHT
0
1. The authority citation for part 202 continues to read as follows:
Authority: 17 U.S.C. 702.
0
2. Section 202.3 is amended as follows:
0
a. By redesignating the text of paragraph (b)(2) as (b)(2)(i);
0
b. By adding paragraph (b)(2)(ii);
0
c. By redesignating paragraphs (b)(3) through (10) as (b)(4) through
(11);
0
d. By adding a paragraph (b)(3); and
0
e. By revising paragraph (c)(2).
The revisions and additions to Sec. 202.3 read as follows:
Sec. 202.3 Registration of copyright.
(b) * * *
(2) * * *
(ii) For purposes of registration, the Register of Copyrights has
prescribed a single form, Form CO, for registering a single work, in
all subject matter, or for a single serial issue submitted on or after
July 1, 2007. Form CO may be used in place of Form TX, Form PA, Form
VA, Form SR, Form SE, and Form SE/Group. Form CO allows the applicant
to assign a specific registration class of TX (for literary works,
including single serial issues), PA (works of the performing arts,
including motion pictures and audiovisual works), SR (sound
recordings), or VA (works of the visual arts, including architectural
works). Copies of the generic registration form will be available free
upon request to the Public Information Office, Library of Congress,
Copyright Office, 101 Independence Avenue, SE., Washington, DC 20559-
6000. Application for registration using Form CO may be made in any of
the following four ways:
(A) electronically, i.e., the submission of an application form
electronically at the Copyright Office website [http://www.copyright.gov],
submission of deposit materials fixed in a digital format, and the
required filing fee paid online through an electronic fund transfer,
credit card, or through a Copyright Office deposit account; or
(B) partially electronically, i.e., the submission of an
application form electronically at the Copyright Office website
[http://www.copyright.gov], submission of deposit materials in physically
tangible formats separately mailed to the Copyright Office, and the
required filing fee paid online through an electronic fund transfer,
credit card, or through a Copyright Office deposit account; or
(C) by completing a PDF version of the application available on the
Office`s website [http://www.copyright.gov], printing the completed form and
mailing it in the same package with the required deposit copies and/or
materials and appropriate filing fee in check, money order, or
Copyright Office deposit account charge; or,
(D) in hard copy form with respect to all required elements, i.e.,
submission of a completed printed application form, physically tangible
deposit copies and/or materials, and the required filing fee, all
elements being placed in the same package and sent by mail or delivered
to the Copyright Office.
(3) Continuation sheets. A continuation sheet, CON 1, is
appropriate only in submissions for which a paper application is used
and where additional space is needed by the applicant to provide all
relevant information concerning a claim to copyright. A separate
continuation sheet, CON 2, must be used to list contents titles, i.e.,
titles of independent works in which copyright is being claimed and
which appear within a larger work or within a collection of works;
examples are short stories within a published anthology or individual
sound recording tracks appearing on a CD. An application may require
use of both CON 1 and CON 2 sheets.
(c) * * *
(2) An application for copyright registration shall be submitted,
electronically or in printed form, on the appropriate form prescribed
by the Register of Copyrights under paragraph (b) of this section. All
completed application forms shall be accompanied by the appropriate
filing fee, as required in Sec. 201.3(c) of this chapter, and the
deposit copies and materials required under 17 U.S.C. 408 and Sec.
202.20. All applications submitted for registration shall supply the
information required by the particular application and shall include a
certification. The certification shall consist of:
(i) A designation that the party signing the print application, or
submitting the application electronically, falls within an accepted
status from among the following: author, claimant, an owner of
exclusive rights, or a duly authorized agent of the author, claimant,
owner of exclusive rights;
(ii) For print applications, the handwritten signature of the party
described in paragraph (c)(2)(i) of this section accompanied by the
typed or printed name of that party; or, if an electronically submitted
application, a name provided within the certification screen of the
electronic application which represents a party described in paragraph
(c)(2)(i) of this section;
(iii) A declaration that information provided within the
application is correct to the best of that party`s knowledge; and,
(iv) For print applications, the date of completion of the
application form, with the date (month, day, year) printed, typed, or
handwritten; or, if an electronically submitted application, the date
of electronic receipt of the application by the Copyright Office, which
date shall be provided automatically by the Copyright Office.
0
4. Section 202.12 is amended by revising paragraphs (c)(1) and (c)(2)
to read as follows:
Sec. 202.12 Restored copyrights.
(c) Registration.--(1) General. Application, deposit and filing fee
for registration of a claim in a restored work under section 104A, as
amended, may be submitted to the Copyright Office on or after January
1, 1996. The submission may be a completely electronic submission, with
all required elements transmitted to the Office in electronic form; or,
the submission may be partially electronic with the application form
and fee submitted electronically and the deposit materials sent in
physically tangible format(s). If all elements are submitted in
physically tangible form, i.e., a completed, printed application form,
physically tangible deposit copies/materials, and the appropriate
filing fee in check, money order, or deposit account charge, all
elements must be placed in the same package and sent to the following
address: Library of Congress, Copyright Office, 101 Independence
Avenue, SE., Washington, DC 20559-6000.
(2) GATT form. Application for registration for single works
restored to copyright protection under URAA should be made on Form
GATT. Form GATT may be submitted by completing Form GATT
electronically, submitting
[[Page 36889]]
the appropriate filing fee electronically, and sending the deposit
copies and materials required by paragraph (c)(4) of this section by
postal mail; or by printing Form GATT from the Office`s website,
sending it with the appropriate filing fee and deposit copies and
materials required by paragraph (c)(4) of this section in the same
package by mail; or by obtaining a Form GATT, completing it, and
sending the appropriate filing fee and the deposit copies and materials
required by paragraph (c)(4) of this section in the same package by
mail. A printed Form GATT may be obtained by calling or writing the
Copyright Office Hotline at 202-707-9100. The GATT deposit materials
required by paragraph (c)(4) of this section may be submitted for
examination and registration electronically. Where, however, the
Library of Congress requests a particular work or its identifying
material for its collections, the required print deposit materials must
be submitted.
0
5. Section 202.20 is amended as follows:
0
a. By revising paragraph (b)(1);
0
b. By redesignating paragraphs (b)(2)(iii) through (vi) as (b)(2)(iv)
through (vii); and
0
c. By adding a new paragraph (b)(2)(iii).
The revisions and additions to Sec. 202.20 read as follows:
Sec. 202.20 Deposit of copies and phonorecords for copyright
registration.
(b) * * *
(1) The best edition of a work has the meaning set forth in Sec.
202.19(b)(1). For purposes of this section, if a work is first
published in both hard copy, i.e., in a physically tangible format, and
also in an electronic format, the current Library of Congress Best
Edition Statement requirements pertaining to the hard copy format
apply.
(2) * * *
(iii) Works submitted for registration in digital formats. A
`complete' electronically filed work is one which is embodied in a
digital file which contains:
(A) if the work is unpublished, all authorship elements for which
registration is sought; and
(B) if the work is published solely in an electronic format, all
elements constituting the work in its published form, i.e., the
complete work as published, including metadata and authorship for which
registration is not sought. Publication in an electronic only format
requires submission of the digital file[s] in exact first-publication
form and content.
(C) For works submitted electronically, any of the following file
formats are acceptable for registration: PDF; TXT; WPD; DOC; TIF; SVG;
JPG; XML; HTML; WAV; and MPEG family of formats, including MP3. This
list of file formats is non-exhaustive and it may change, or be added
to periodically. Changes will be noted in the list of acceptable
formats on the Copyright Office website.
(D) Contact with the registration applicant may be necessary if the
Copyright Office cannot access, view, or examine the content of any
particular digital file that has been submitted for the registration of
a work. For purposes of section 410(d) of 17 U.S.C., a deposit has not
been received in the Copyright Office until a copy that can be reviewed
by the Office is received.
* * * * *
Dated: June 20, 2007
Marybeth Peters,
Register of Copyrights.
Approved by:
James H. Billington,
The Librarian of Congress.
[FR Doc. E7-13194 Filed 7-5-07; 8:45 am]
BILLING CODE 1410-30-S