Registration of Claims to Copyright, Group Registration Options, 23390-23393 [E8-9487]

Agencies

• Library of Congress
• Copyright Office

[Federal Register Volume 73, Number 84 (Wednesday, April 30, 2008)]
[Proposed Rules]
[Pages 23390-23393]
From the Federal Register Online via the Government Printing 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