Registration of Claims to Copyright: Group Registration of Serial Issues Filed Electronically, 66920-66921 [2012-27231]

Download as PDF 66920 Federal Register / Vol. 77, No. 217 / Thursday, November 8, 2012 / Rules and Regulations Foreign Assets Control’s Web site: www.treasury.gov/sdn. Additional information pertaining to the SDN List can be found in appendix A to this chapter. Agents or affiliates of Iran’s Islamic Revolutionary Guard Corps (‘‘IRGC’’) whose property and interests in property are blocked pursuant to IEEPA are identified by a special reference to the ‘‘IRGC’’ at the end of their entries on the SDN List, in addition to the reference to the regulatory part of this chapter pursuant to which their property and interests in property are blocked. For example, an affiliate of the IRGC whose property and interests in property are blocked pursuant to the Weapons of Mass Destruction Proliferators Sanctions Regulations, 31 CFR part 544, will have the tags ‘‘[NPWMD][IRGC]’’ at the end of its entry on the SDN List. Persons whose property and interests in property are blocked pursuant to parts 544 or 594 of this chapter in connection with Iran’s proliferation of weapons of mass destruction or delivery systems for weapons of mass destruction or Iran’s support for international terrorism also are identified by the tag ‘‘[IFSR]’’ in addition to the tag referencing part 544 or part 594, as the case may be, located at the end of their entries on the SDN List (e.g., [NPWMD][IFSR] or [SDGT][IFSR]). In addition, see § 561.405 concerning entities that may not be listed on the SDN List but whose property and interests in property are nevertheless blocked. (6) Facilitates, or participates or assists in, an activity described in paragraphs (a)(1) through (a)(5) of this section, including by acting on behalf of, at the direction of, or as an intermediary for, or otherwise assisting, another person with respect to the activity. * * * * * Subpart C—General Definitions ■ 3. Revise § 561.308 to read as follows: emcdonald on DSK67QTVN1PROD with RULES § 561.308 The term foreign financial institution means any foreign entity that is engaged in the business of accepting deposits, making, granting, transferring, holding, or brokering loans or credits, or purchasing or selling foreign exchange, securities, commodity futures or options, or procuring purchasers and sellers thereof, as principal or agent. It includes but is not limited to depository institutions, banks, savings banks, money service businesses, trust companies, securities brokers and dealers, commodity futures and options brokers and dealers, forward contract and foreign exchange merchants, securities and commodities exchanges, clearing corporations, investment companies, employee benefit plans, dealers in precious metals, stones, or jewels, and holding companies, affiliates, or subsidiaries of any of the 14:30 Nov 07, 2012 Jkt 229001 § 561.320 Iranian financial institution. The term Iranian financial institution means any entity (including foreign branches), wherever located, organized under the laws of Iran or any jurisdiction within Iran, or owned or controlled by the Government of Iran, or in Iran, or owned or controlled by any of the foregoing, that is engaged in the business of accepting deposits, making, granting, transferring, holding, or brokering loans or credits, or purchasing or selling foreign exchange, securities, commodity futures or options, or procuring purchasers and sellers thereof, as principal or agent. It includes but is not limited to depository institutions, banks, savings banks, money service businesses, trust companies, insurance companies, securities brokers and dealers, commodity futures and options brokers and dealers, forward contract and foreign exchange merchants, securities and commodities exchanges, clearing corporations, investment companies, employee benefit plans, dealers in precious metals, stones, or jewels, and holding companies, affiliates, or subsidiaries of any of the foregoing. Dated: November 6, 2012. Adam J. Szubin, Director, Office of Foreign Assets Control. [FR Doc. 2012–27420 Filed 11–7–12; 8:45 am] Foreign financial institution. VerDate Mar<15>2010 foregoing. The term does not include the international financial institutions identified in 22 U.S.C. 262r(c)(2), the International Fund for Agricultural Development, the North American Development Bank, or any other international financial institution so notified by the Office of Foreign Assets Control. ■ 4. Revise § 561.320 to read as follows: BILLING CODE 4811–AL–P LIBRARY OF CONGRESS Copyright Office 37 CFR Part 202 [Docket No. RM 2012–11] Registration of Claims to Copyright: Group Registration of Serial Issues Filed Electronically Copyright Office, Library of Congress. ACTION: Interim regulations. AGENCY: The Copyright Office is adopting interim regulations that allow groups of related serial issues to be filed through the Office’s electronic registration system. This interim rule SUMMARY: PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 will also allow applicants for groups of related serials, in certain circumstances, to mail physical deposit copies of the serial issues upon submitting an electronic application and payment, when electronic deposit copies do not exist. Regardless of the registration option chosen, applicants must still send two complimentary subscription copies of the serial promptly to the Library of Congress as a condition of eligibility unless directed otherwise by the Office. While filing electronically is not mandatory, the Copyright Office strongly urges applicants to use the electronic filing option since it is more efficient for both the user and the agency. DATES: Effective Date: November 8, 2012. FOR FURTHER INFORMATION CONTACT: Robert Kasunic, Deputy General Counsel, or Kent Dunlap, Assistant General Counsel, Telephone: (202) 707– 8380. Telefax: (202) 707–8366. SUPPLEMENTARY INFORMATION: Background When Congress enacted its major revision to the copyright law in 1976, the Register of Copyrights was granted discretion to provide for a single registration for a group of related works. 17 U.S.C. 408(c)(1). In 1991, final regulations became effective permitting group registration of certain serial publications. 55 FR 50556 (December 7, 1990). Under these regulations, issues of serials published at intervals of a week or longer within a three-month period during the same calendar year can be grouped and registered on a single application and for a single fee. The group registration privilege is contingent upon the prompt submission of two complimentary subscription copies of each issue to the Library of Congress. Additionally, several other conditions apply, e.g., the registered serials must be collective works by the same author and claimant and must be works made for hire. See 37 CFR 202.3(b)(6). The option for group registration of related serials does not allow the applicant to claim contributions of component works that were not made for hire. Since the middle of 2007, the Copyright Office has offered and encouraged the option of submitting applications for copyright registration online. See Online Registration of Claims to Copyright, 72 FR 36883 (July 6, 2007). When this electronic system was implemented, it was limited to basic registrations, i.e., claims in single works, while the capacity to process online group registration options was E:\FR\FM\08NOR1.SGM 08NOR1 Federal Register / Vol. 77, No. 217 / Thursday, November 8, 2012 / Rules and Regulations emcdonald on DSK67QTVN1PROD with RULES being developed. Applicants for group registration were required to use the existing paper forms. On September 29, 2009, the Copyright Office initiated a limited pilot project to allow groups of related serials to be filed electronically. This pilot project involved modifying the information provided on the basic electronic application to obtain information about the group of related serials. Revisions to the electronic registration system will upgrade the capacity of the system to provide a new group serial option for general use by eligible applicants. Interim Regulation The interim regulation creates minor changes in sections 202.3, relating to registration of copyright, and 202.20, relating to copyright deposit, in order to create an option of filing electronically to register groups of related serial issues. All conditions for applying for group registration of serial issues using a Form SE/Group will also apply to electronic registration. Therefore, in order to be eligible to apply for electronic registration of a group of serial issues, automatic regular submission of two complimentary subscription copies of each issue for the Library of Congress must be provided, just as is the case for using paper form SE/Group, unless directed otherwise by the Copyright Office. Moreover, group serial claims remain limited to claims in collective works by the same author and claimant and must be works made for hire. In the pilot phase, all of the volunteers filing electronically for registration of groups of serial issues were required to upload a digital file of a complete copy of each issue. Because some publishers did not have electronic versions of the serial issues and found it difficult to create such deposit copies, these interim rules will allow the applicant to provide either a hard copy deposit, or a digital file format complying with § 202.20(b)(2)(iii) of the regulations. In order to enhance efficiency and expedite the handling of claims, the Office encourages electronic registration generally, and also encourages electronic deposit of groups of serials when applying electronically, where possible. In either case, two complimentary subscription copies of the serial must be sent to the Library of Congress as a condition of eligibility, unless directed otherwise by Copyright Office. 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 VerDate Mar<15>2010 14:30 Nov 07, 2012 Jkt 229001 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. Additionally, the interim regulations relieve applicants from procedural restrictions by permitting online registration in situations where, previously, applications were required to be filed on paper. Pursuant to section 553(d) of the Administrative Procedure Act, these regulations may be effective immediately. Moreover, the Register finds that because these regulations provide additional options to applicants for group registration of serial issues, good cause exists for making these interim rules effective immediately and without notice and comment. List of Subject in 37 CFR Part 202 Copyright, Registration. Interim Regulation In consideration of the foregoing, the Copyright Office amends part 202 to Title 37 of the Code of Federal Regulations to read as follows: PART 202—PREREGISTRATION AND REGISTRATION OF CLAIMS TO COPYRIGHT 1. The authority citation for part 202 continues to read as follows: ■ Authority: 17 U.S.C. 408, 702. 2. Section 202.3 is amended by revising paragraph (b)(6)(v) to read as follows: ■ § 202.3 Registration of copyright. * * * * * (b) * * * (6) * * * (v) To apply for registration of a group of serial issues under 408(c)(1) of title 17 and this section, an applicant may file electronically, or submit a completed Form SE/Group. (A) For applicants filing electronically: (1) Furnish the requested information for group of serial issues. (2) Submit the appropriate filing fee, as required in § 201.3(c) of this chapter, for each issue covered by the group registration. (3) Submit either a digital format which complies with § 202.20(b)(2)(iii) or a deposit consisting of one complete copy of the best edition of each issue included in the group registration. (B) For applicants filing a completed Form SE/Group, the following must be sent together in the same package: (1) A completed Form SE/Group, providing the requested information. PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 66921 (2) The appropriate filing fee, as required in § 201.3(c) of this chapter, for each issue covered by the group registration. (3) A deposit consisting of one complete copy of the best edition of each issue included in the group registration. * * * * * ■ 3. Section 202.20 is amended by revising paragraph (c)(2)(xvii) to read as follows: § 202.20 Deposit of copies and phonorecords for copyright registration. * * * * * (c) * * * (2) * * * (xvii) Group registration of serials. For group registration of related serials, as specified in § 202.3(b)(6), for applicants filing electronically, the deposit must consist of one complete copy of the best edition of each issue included in the group registration, or a digital format of a complete copy which complies with § 202.20(b)(2)(iii). For applicants filing a completed Form SE/Group, the deposit must consist of one complete copy of the best edition of each issue included in the group registration. In addition, for all filings for group registration of serial issues, 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. * * * * * Dated: September 27, 2012. Maria A. Pallante, Register of Copyrights. Approved by: James H. Billington, The Librarian of Congress. [FR Doc. 2012–27231 Filed 11–7–12; 8:45 am] BILLING CODE 1410–30–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R01–OAR–2012–0255; A–1–FRL– 9749–8] Approval and Promulgation of Air Quality Implementation Plans; New Hampshire; Reasonably Available Control Technology Update To Address Control Techniques Guidelines Issued in 2006, 2007, and 2008 Environmental Protection Agency (EPA). AGENCY: E:\FR\FM\08NOR1.SGM 08NOR1

Agencies

[Federal Register Volume 77, Number 217 (Thursday, November 8, 2012)]
[Rules and Regulations]
[Pages 66920-66921]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-27231]


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LIBRARY OF CONGRESS

Copyright Office

37 CFR Part 202

[Docket No. RM 2012-11]


Registration of Claims to Copyright: Group Registration of Serial 
Issues Filed Electronically

AGENCY: Copyright Office, Library of Congress.

ACTION: Interim regulations.

-----------------------------------------------------------------------

SUMMARY: The Copyright Office is adopting interim regulations that 
allow groups of related serial issues to be filed through the Office's 
electronic registration system. This interim rule will also allow 
applicants for groups of related serials, in certain circumstances, to 
mail physical deposit copies of the serial issues upon submitting an 
electronic application and payment, when electronic deposit copies do 
not exist. Regardless of the registration option chosen, applicants 
must still send two complimentary subscription copies of the serial 
promptly to the Library of Congress as a condition of eligibility 
unless directed otherwise by the Office. While filing electronically is 
not mandatory, the Copyright Office strongly urges applicants to use 
the electronic filing option since it is more efficient for both the 
user and the agency.

DATES: Effective Date: November 8, 2012.

FOR FURTHER INFORMATION CONTACT: Robert Kasunic, Deputy General 
Counsel, or Kent Dunlap, Assistant General Counsel, Telephone: (202) 
707-8380. Telefax: (202) 707-8366.

SUPPLEMENTARY INFORMATION: 

Background

    When Congress enacted its major revision to the copyright law in 
1976, the Register of Copyrights was granted discretion to provide for 
a single registration for a group of related works. 17 U.S.C. 
408(c)(1). In 1991, final regulations became effective permitting group 
registration of certain serial publications. 55 FR 50556 (December 7, 
1990). Under these regulations, issues of serials published at 
intervals of a week or longer within a three-month period during the 
same calendar year can be grouped and registered on a single 
application and for a single fee. The group registration privilege is 
contingent upon the prompt submission of two complimentary subscription 
copies of each issue to the Library of Congress. Additionally, several 
other conditions apply, e.g., the registered serials must be collective 
works by the same author and claimant and must be works made for hire. 
See 37 CFR 202.3(b)(6). The option for group registration of related 
serials does not allow the applicant to claim contributions of 
component works that were not made for hire.
    Since the middle of 2007, the Copyright Office has offered and 
encouraged the option of submitting applications for copyright 
registration online. See Online Registration of Claims to Copyright, 72 
FR 36883 (July 6, 2007). When this electronic system was implemented, 
it was limited to basic registrations, i.e., claims in single works, 
while the capacity to process online group registration options was

[[Page 66921]]

being developed. Applicants for group registration were required to use 
the existing paper forms.
    On September 29, 2009, the Copyright Office initiated a limited 
pilot project to allow groups of related serials to be filed 
electronically. This pilot project involved modifying the information 
provided on the basic electronic application to obtain information 
about the group of related serials. Revisions to the electronic 
registration system will upgrade the capacity of the system to provide 
a new group serial option for general use by eligible applicants.

Interim Regulation

    The interim regulation creates minor changes in sections 202.3, 
relating to registration of copyright, and 202.20, relating to 
copyright deposit, in order to create an option of filing 
electronically to register groups of related serial issues. All 
conditions for applying for group registration of serial issues using a 
Form SE/Group will also apply to electronic registration. Therefore, in 
order to be eligible to apply for electronic registration of a group of 
serial issues, automatic regular submission of two complimentary 
subscription copies of each issue for the Library of Congress must be 
provided, just as is the case for using paper form SE/Group, unless 
directed otherwise by the Copyright Office. Moreover, group serial 
claims remain limited to claims in collective works by the same author 
and claimant and must be works made for hire.
    In the pilot phase, all of the volunteers filing electronically for 
registration of groups of serial issues were required to upload a 
digital file of a complete copy of each issue. Because some publishers 
did not have electronic versions of the serial issues and found it 
difficult to create such deposit copies, these interim rules will allow 
the applicant to provide either a hard copy deposit, or a digital file 
format complying with Sec.  202.20(b)(2)(iii) of the regulations. In 
order to enhance efficiency and expedite the handling of claims, the 
Office encourages electronic registration generally, and also 
encourages electronic deposit of groups of serials when applying 
electronically, where possible. In either case, two complimentary 
subscription copies of the serial must be sent to the Library of 
Congress as a condition of eligibility, unless directed otherwise by 
Copyright Office.

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. Additionally, the interim regulations relieve applicants 
from procedural restrictions by permitting online registration in 
situations where, previously, applications were required to be filed on 
paper. Pursuant to section 553(d) of the Administrative Procedure Act, 
these regulations may be effective immediately. Moreover, the Register 
finds that because these regulations provide additional options to 
applicants for group registration of serial issues, good cause exists 
for making these interim rules effective immediately and without notice 
and comment.

List of Subject in 37 CFR Part 202

    Copyright, Registration.

Interim Regulation

    In consideration of the foregoing, the Copyright Office amends part 
202 to Title 37 of the Code of Federal Regulations to read as follows:

PART 202--PREREGISTRATION AND REGISTRATION OF CLAIMS TO COPYRIGHT

0
1. The authority citation for part 202 continues to read as follows:

    Authority:  17 U.S.C. 408, 702.


0
2. Section 202.3 is amended by revising paragraph (b)(6)(v) to read as 
follows:


Sec.  202.3  Registration of copyright.

* * * * *
    (b) * * *
    (6) * * *
    (v) To apply for registration of a group of serial issues under 
408(c)(1) of title 17 and this section, an applicant may file 
electronically, or submit a completed Form SE/Group.
    (A) For applicants filing electronically:
    (1) Furnish the requested information for group of serial issues.
    (2) Submit the appropriate filing fee, as required in Sec.  
201.3(c) of this chapter, for each issue covered by the group 
registration.
    (3) Submit either a digital format which complies with Sec.  
202.20(b)(2)(iii) or a deposit consisting of one complete copy of the 
best edition of each issue included in the group registration.
    (B) For applicants filing a completed Form SE/Group, the following 
must be sent together in the same package:
    (1) A completed Form SE/Group, providing the requested information.
    (2) The appropriate filing fee, as required in Sec.  201.3(c) of 
this chapter, for each issue covered by the group registration.
    (3) A deposit consisting of one complete copy of the best edition 
of each issue included in the group registration.
* * * * *

0
3. Section 202.20 is amended by revising paragraph (c)(2)(xvii) to read 
as follows:


Sec.  202.20  Deposit of copies and phonorecords for copyright 
registration.

* * * * *
    (c) * * *
    (2) * * *
    (xvii) Group registration of serials. For group registration of 
related serials, as specified in Sec.  202.3(b)(6), for applicants 
filing electronically, the deposit must consist of one complete copy of 
the best edition of each issue included in the group registration, or a 
digital format of a complete copy which complies with Sec.  
202.20(b)(2)(iii). For applicants filing a completed Form SE/Group, the 
deposit must consist of one complete copy of the best edition of each 
issue included in the group registration. In addition, for all filings 
for group registration of serial issues, 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.
* * * * *

    Dated: September 27, 2012.
Maria A. Pallante,
Register of Copyrights.
    Approved by:
James H. Billington,
The Librarian of Congress.
[FR Doc. 2012-27231 Filed 11-7-12; 8:45 am]
BILLING CODE 1410-30-P