Registration of Claims to Copyright: New Format for Certain Copyright Registration Certificates, 3231-3232 [05-1131]

Agencies

• Library of Congress
• Copyright Office
• Copyright Office, Library of Congress

[Federal Register Volume 70, Number 13 (Friday, January 21, 2005)]
[Notices]
[Pages 3231-3232]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-1131]


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LIBRARY OF CONGRESS

Copyright Office

[Docket No. 2005-1]


Registration of Claims to Copyright: New Format for Certain 
Copyright Registration Certificates

AGENCY: Copyright Office, Library of Congress.

ACTION: Policy decision.

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SUMMARY: The Copyright Office of the Library of Congress is changing 
the format of certain copyright registration certificates issued under 
the Copyright Act. Certificates in the new format will be issued only 
for motion pictures and other audiovisual works registered in class PA, 
as part of a pilot project. For all other categories of registrations, 
the certificate format will not change. The substantive content of all 
certificates will remain the same.

DATES: Effective Date: February 14, 2005.

FOR FURTHER INFORMATION CONTACT: Jeff Cole, Acting Reengineering 
Program Manager, or Kent Dunlap, Principal Legal Advisor to the General 
Counsel. Telephone: (202) 707-8350. Telefax: (202) 707-8366.

SUPPLEMENTARY INFORMATION:

1. Background

    Section 410(a) of the copyright law provides that after the 
Register of Copyrights examines a submitted copyright claim and 
determines that it can be registered, ``the Register shall register the 
claim and issue to the applicant a certificate of registration under 
the seal of the Copyright Office. The certificate shall contain the 
information given in the application, together with the number and 
effective date of registration.'' Under practices in place since 1978, 
registration certificates are reproductions of the paper application 
form.
    The Copyright Office is reengineering its business processes to 
improve the efficiency and timeliness of its public services. The 
Office is seeking to provide more copyright services online, ensure the 
prompt availability of copyright records, provide better tracking of 
items in the workflow, and reduce paper handling. Reengineering is a 
multi-year effort that began in 2000, and full implementation is 
scheduled for the fall of 2006.
    Under the reengineered process, copyright registration certificates 
will be generated from the registration data stored in an electronic 
information system. The data will be entered into the system either 
directly from an online electronic application, or by the scanning of a 
revised paper application form. Unlike the current certificate, the new 
certificate will not be a reproduction of the paper application form.

2. Pilot for Registration of Motion Pictures and Other Audiovisual 
Works

    To test the new processes, a pilot will begin on February 14, 2005, 
involving registrations for motion pictures and other audiovisual works 
registered in class PA. During the pilot, applicants will continue to 
file claims using the current Form PA paper application. Online 
electronic applications will be the subject of a later pilot.
    In the pilot, the certificate will be generated from the 
registration data scanned into the system from the Form PA paper 
application. While the substantive content of the new certificate will 
be almost identical to that of the current one, the format and general 
appearance will be significantly different. A sample of the new 
certificate may be viewed on the Copyright Office Web site at https://
www.copyright.gov/docs/mp-pilot-cert.html.
    All of the substantive registration information entered on the 
paper form by the applicant will appear on the certificate, organized 
by the same space numbers and headings. At the top of the certificate, 
the same elements will appear: the registration number, the effective 
date of registration, and the

[[Page 3232]]

certification, including the Copyright Office seal and the signature of 
the Register of Copyrights.
    Certain incidental information unrelated to the substance of the 
copyright claim will be eliminated from the new certificate. The 
omitted material may include the instructional text found on the paper 
form, some headings of lines left blank where the information is not 
required, the ``checked by'' line in the ``Copyright Office use only'' 
space, the deposit account name and number, and the handwritten 
signature. Also, the mailing address for the certificate will be 
printed on a separate sheet of paper to facilitate mailing.

3. Copyright Office Practices in Administering the Pilot

    When appropriate, the Copyright Office will continue to make 
amendments to information on the Form PA application, with the 
authorization of the applicant by telephone call, letter, or email. In 
a change from the current procedure, such amendments will no longer 
appear as annotations on the certificate; instead, the certificate will 
show only the corrected information. The applicant's authorization for 
the amendment, as well as all correspondence and records of phone 
calls, will be stored in a permanent electronic file created for every 
registration. This information will be part of the public record, and 
persons wishing to obtain access to or copies of this information may 
do so under existing procedures set forth at 37 CFR 201.2.
    In limited situations, following existing practices, the Copyright 
Office will make annotations without contacting the applicant, when the 
information is clear from the deposit copy or other registration 
materials. In addition, annotations may be added to the certificate to 
clarify the scope of the copyright claim in accordance with the 
copyright law or Copyright Office regulations. Examples include: noting 
the nature of the deposit copy; noting the presence of preexisting 
material clearly identified as such in the deposit copy; and commenting 
on a reference to an element not subject to copyright protection under 
17 USC 102(b), e.g. ``idea,'' or 37 CFR 202.1, e.g. ``title.''

4. Transition Period

    Certificates in the new format will be produced only for 
applications included in the pilot project and initially received in 
the Copyright Office on or after the start date, February 14, 2005. For 
applications for motion pictures and other class PA audiovisual works 
already in process in the Copyright Office on that date, including 
those for which correspondence is pending, certificates will continue 
to be issued in the current format, even after the pilot begins.

    Dated: January 14, 2005.
Marybeth Peters,
Register of Copyrights.
[FR Doc. 05-1131 Filed 1-19-05; 8:45 am]
BILLING CODE 1410-30-M