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[Federal Register: February 8, 2007 (Volume 72, Number 26)]
[Rules and Regulations]               
[Page 5931-5932]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08fe07-9]                         

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LIBRARY OF CONGRESS

Copyright Office

37 CFR Part 201

[Docket No. RM 2007-2]

 
Fees

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 
regulations regarding fees for recordation of an interim or amended 
designation of agent to receive notification of claimed infringement 
under the Copyright Act.

EFFECTIVE DATE: February 8, 2007.

FOR FURTHER INFORMATION CONTACT: Tanya M. Sandros, Acting General 
Counsel, P.O. Box 70977, Southwest Station, Washington, DC 20024-0977. 
Telephone: (202) 707-8380. Telefax: (202) 252-3423.

SUPPLEMENTARY INFORMATION: Sec. 512(c) of the Copyright Act, title 17 
of the United States Code, provides limitations on service provider 
liability for storage, at the direction of a user, of copyrighted 
material residing on a system or network controlled or operated by or 
for the service provider. The liability limitations apply if, among 
other things, the service provider has designated an agent to receive 
notifications of claimed infringement by providing contact information 
to the Copyright Office and by posting such information on the service 
provider's publicly accessible website. In this connection, the 
Copyright Office maintains a directory of service providers' designated 
agents.
    On June 1, 2006, in accordance with the applicable provisions of 
title 17, the Copyright Office published a final rule

[[Page 5932]]

adjusting the Copyright Office fees for recordation of an interim or 
amended designation of agent to receive notification of claimed 
infringement under sec. 512(c) of the Copyright Act. The June 1, 2006, 
final rule included the fee adjustment designation of $80.00 for 
recordation of an interim designation of agent to receive notification 
of claimed infringement under sec. 512(c) of the Copyright Act in the 
new Sec.  201.3(c) fee schedule. However, other technical amendments 
meant to bring all fees within Sec.  201.3 did not address recordation 
of an interim or amended designation of agent to receive notification 
of claimed infringement under sec. 512(c) of the Copyright Act. In 
order to correct this oversight, we are amending Sec.  Sec.  201.38(e) 
and 201.38(f) to reference the established Sec.  201.3(c) fee schedule 
for recordation of an interim designation of agent to receive 
notification of claimed infringement under sec. 512(c)(2).
    Because this amendment is being issued simply for purposes of 
correcting an oversight associated with implementation of the new fee 
schedule, the Office finds that there is good cause to make the 
amendment effective immediately.

List of Subjects in 37 CFR Part 201

    Copyright, General provisions.

Final Rule

0
In consideration of the foregoing, part 201 of 37 CFR, chapter II is 
amended in the following manner:

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.  201.38 by revising paragraphs (e) and (f) to read as 
follows:

Sec.  201.38 Designation of agent to receive notification of claimed 
infringement.

* * * * *
    (e) Filing. A service provider may file the Interim Designation of 
Agent to Receive Notification of Claimed Infringement with the Public 
Information Office of the Copyright Office, 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, Southwest Station, 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 Public 
Information Office of the Copyright Office 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).
* * * * *

    Dated: February 2, 2007
Tanya M. Sandros
Acting General Counsel
[FR Doc. E7-2105 Filed 2-7-07; 8:45 am]

BILLING CODE 1410-30-S

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