Fees for Submitting Corrected Electronic Title Appendices, 68622-68623 [2014-27274]
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68622
§ 83.24
Federal Register / Vol. 79, No. 222 / Tuesday, November 18, 2014 / Rules and Regulations
[Amended]
LIBRARY OF CONGRESS
5. In § 83.24, in paragraph (g)(iii), after
the phrase ‘‘shall not exceed 100
meters:’’, remove the word ‘‘Provided’’,
and add in its place the word
‘‘provided’’.
U.S. Copyright Office
§ 83.27
Fees for Submitting Corrected
Electronic Title Appendices
■
[Amended]
6. Amend § 83.27 as follows:
a. In paragraph (b)(iii), remove the
word ‘‘when’’, and add in its place the
word ‘‘When’’; and
■ b. In paragraph (e)(ii), remove the
word ‘‘insure’’ and add in its place the
word ‘‘ensure’’.
■
■
7. Revise the heading for § 83.30 to
read as follows:
■
§ 83.30 Vessels anchored, aground and
moored barges (Rule 30).
*
*
§ 83.35
*
*
*
[Amended]
8. In § 83.35, in paragraph (h), remove
the words ‘‘paragraph (f)’’ and add in
their place the words ‘‘paragraph (g)’’.
■
PART 84—ANNEX I: POSITIONING
AND TECHNICAL DETAILS OF LIGHTS
AND SHAPES
9. The authority citation for part 84
continues to read as follows:
■
Authority: Sec. 303, Pub. L. 108–293, 118
Stat. 1042 (33 U.S.C. 2071); Department of
Homeland Security Delegation No. 0170.1.
§ 84.02
[Amended]
10. In § 84.02, in paragraph (j), after
the phrase ‘‘when engaged in fishing
shall be’’, add the word ‘‘at’’.
■
PART 88—ANNEX V: PILOT RULES
11. The authority citation for part 88
continues to read as follows:
■
Authority: Sec. 303, Pub. L. 108–293, 118
Stat. 1042 (33 U.S.C. 2071); Department of
Homeland Security Delegation No. 0170.1.
§ 88.07
[Amended]
12. In § 88.07, in paragraph (a),
following the phrase ‘‘activities must
abide by the’’, remove the phrase
‘‘inland navigation rules’’ and add in its
place the phrase ‘‘Inland Navigation
Rules’’.
tkelley on DSK3SPTVN1PROD with RULES
■
Dated: November 13, 2014.
Katia Cervoni,
Chief, Office of Regulations and
Administrative Law, U.S. Coast Guard.
[FR Doc. 2014–27257 Filed 11–17–14; 8:45 am]
BILLING CODE 9110–04–P
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16:13 Nov 17, 2014
Jkt 235001
37 CFR Part 201
[Docket No. 2014–08]
U.S. Copyright Office, Library
of Congress.
ACTION: Final rule.
AGENCY:
The U.S. Copyright Office
recently adopted amended regulations
to allow remitters to submit title lists in
electronic format when recording
documents that reference 100 or more
titles. Those regulations also provide a
process for correcting inaccuracies in
the Office’s online Public Catalog
resulting from errors in electronic title
lists. To avoid delay in implementing
the electronic title list option, the Office
decided to issue that final rule without
imposition of a fee for corrections until
such time as a fee could be set in
accordance with this separate
rulemaking. Today, the Office is
amending its regulations to set that fee
at a rate of seven dollars per corrected
title.
DATES: Effective December 18, 2014.
FOR FURTHER INFORMATION CONTACT:
Sarang V. Damle, Special Advisor to the
General Counsel, by email at sdam@
loc.gov or by telephone at 202–707–
8350; or Abi Oyewole, AttorneyAdvisor, by email at aoye@loc.gov or by
telephone at 202–707–8350.
SUPPLEMENTARY INFORMATION: On
September 17, 2014, under a rulemaking
entitled ‘‘Changes to Recordation
Practices,’’ the Copyright Office
(‘‘Office’’) amended its regulations to,
among other things, allow remitters to
submit lists of titles in electronic format
when recording documents that
reference 100 or more titles of
copyrighted works. See 79 FR 55633.
Those electronic lists are used by the
Office for the purposes of indexing the
online Public Catalog of recorded
documents. In response to a comment
received from the Recording Industry
Association of America, Inc. (‘‘RIAA’’),1
the amended regulations also adopted a
procedure for correcting errors in the
online Public Catalog that have been
caused by remitters’ submission of
inaccurate title lists. See 37 CFR
SUMMARY:
1 Recording
Industry Ass’n of Am., Inc.,
Comments Submitted in Response to U.S. Copyright
Office’s July 16, 2014 Notice of Proposed
Rulemaking (Aug. 15, 2014), available at https://
copyright.gov/rulemaking/recordation-practices/
docket2014-4/comments/RIAA.pdf.
PO 00000
Frm 00034
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Sfmt 4700
201.4(c)(4)(v). However, to avoid delay
in implementing the electronic title list
option, the Office decided to issue that
final rule without imposition of a fee for
corrections until a fee could be set in
accordance with a separate Notice of
Proposed Rulemaking (‘‘NPRM’’).
That separate NPRM was published
on September 17, 2014 and proposed a
fee of seven dollars per corrected title.
79 FR 55694. The Office received only
one substantive submission containing
comments from RIAA.2 In its comments,
RIAA expressed approval of the Office’s
decision to implement a correction
process for electronic title lists. RIAA
Comments at 1. It stated that it believed
the number of errors found in an
electronic title list would be small, and
in such cases the $7 fee was
‘‘reasonable.’’ Id. But, it urged that in
the ‘‘presumably rare situations where a
major clerical error requires a remitter to
correct a large number of titles, a fee of
$7 per title could serve as a disincentive
for correcting the Office’s records or as
a penalty for having made a mistake in
the first instance.’’ Id. at 1–2. RIAA
suggested that the Office ‘‘track
instances of large-scale corrections to
electronic lists’’ and consider a ‘‘fee
structure’’ that would reduce the fee per
corrected title once remitters exceed a
set number of errors. Id. at 2.
As the NPRM explained, the fee of
seven dollars per corrected title was
determined after considering the various
personnel and system costs associated
with providing the new service. 79 FR
at 55695. What RIAA proposes, in
essence, is that remitters who submit
lists with a large number of errors be
given a ‘‘volume discount’’ that is below
the Office’s costs.
The Office declines to adopt this
recommendation. To the extent the fee
established here will have any effect on
remitter behavior, the Office believes
that it will principally serve as an
incentive for submitting accurate
electronic title lists in the first place,
rather than as ‘‘a disincentive for
correcting the Office’s records.’’ RIAA
Comments at 1–2. As the Office has
stressed, remitters should ‘‘establish[ ]
appropriate internal procedures to
review and confirm electronic lists
before they are submitted to the Office.’’
79 FR at 55634. In any event, the statute
itself provides an incentive for the
submission of correct information as the
benefits of recordation depend upon the
2 Recording Industry Ass’n of Am. Inc.,
Comments Submitted in Response to U.S. Copyright
Office’s September 17, 2014 Notice of Proposed
Rulemaking (Oct. 17, 2014) (‘‘RIAA Comments’’),
available at https://copyright.gov/rulemaking/etitlefees/comments/docket_2014%E2%80%9308/
RIAA.pdf.
E:\FR\FM\18NOR1.SGM
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68623
Federal Register / Vol. 79, No. 222 / Tuesday, November 18, 2014 / Rules and Regulations
accurate identification and indexing of
titles affected. See 17 U.S.C. 205(c)–(d).
List of Subjects in 37 CFR Part 201
Copyright.
§ 201.3 Fees for registration, recordation,
and related services, special services, and
services performed by the Licensing
Division.
PART 201—GENERAL PROVISIONS
■
1. The authority citation for part 201
continues to read as follows:
Final Regulations
For the reasons set forth in the
preamble, the Copyright Office amends
37 CFR part 201 as follows:
*
Authority: 17 U.S.C. 702.
*
*
(c) * * *
*
*
2. Amend § 201.3 by revising
paragraph (c)(16) to read as follows:
■
Fees
($)
Registration, recordation and related services
*
*
*
*
*
*
*
(16) Recordation of document, including a notice of intention to enforce
(single title) ...........................................................................................................................................................................................
Additional titles (per group of 1 to 10 titles) .........................................................................................................................................
Correction of online Public Catalog data due to erroneous electronic title submission (per title) .......................................................
*
*
*
*
*
*
*
*
3. Amend § 201.4 by revising the last
sentence of paragraph (c)(4)(v) to read as
follows:
■
§ 201.4 Recordation of transfers and
certain other documents.
*
*
*
*
*
(c) * * *
(4) * * *
(v) * * * Upon receipt of a corrected
electronic list in proper form and the
appropriate fee, the Office will proceed
to correct the data in the online Public
Catalog, and will make a note in the
record indicating that the corrections
were made and the date they were
made.
*
*
*
*
*
Dated: October 30, 2014.
Maria A. Pallante,
Register of Copyrights.
Approved by:
[FR Doc. 2014–27274 Filed 11–17–14; 8:45 am]
BILLING CODE 1410–30–P
LIBRARY OF CONGRESS
Copyright Office
37 CFR Part 201
tkelley on DSK3SPTVN1PROD with RULES
[Docket No. 2012–5]
Verification of Statements of Account
Submitted by Cable Operators and
Satellite Carriers
U.S. Copyright Office, Library
of Congress.
ACTION: Final rule.
AGENCY:
16:13 Nov 17, 2014
*
The U.S. Copyright Office is
adopting a final rule that establishes a
new regulation allowing copyright
owners to audit the statements of
account that cable operators and
satellite carriers file with the Office
reflecting royalty payments due for
secondary transmissions of copyrighted
broadcast programming made pursuant
to statutory licenses.
DATES: Effective on December 18, 2014.
FOR FURTHER INFORMATION CONTACT:
Jacqueline C. Charlesworth, General
Counsel and Associate Register of
Copyrights, by email at jcharlesworth@
loc.gov, or by telephone at 202–707–
8350; Erik Bertin, Assistant General
Counsel, by email at ebertin@loc.gov, or
by telephone at 202–707–8350; or Sy
Damle, Special Advisor to the General
Counsel, by email at sdam@loc.gov, or
by telephone at 202–707–8350.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
James H. Billington,
Librarian of Congress.
VerDate Sep<11>2014
*
Jkt 235001
Sections 111 and 119 of the Copyright
Act (the ‘‘Act’’), Title 17 of the United
States Code, allow cable operators and
satellite carriers to retransmit
programming that broadcast television
stations transmit via over-the-air
broadcast signals. To use these statutory
licenses, cable operators and satellite
carriers are required to file statements of
account (‘‘SOAs’’) and deposit royalty
fees with the U.S. Copyright Office
(‘‘Office’’) on a semi-annual basis. The
Office invests these royalties in United
States Treasury securities pending
distribution of the funds to copyright
owners that are entitled to receive a
share of the royalties.
The Satellite Television Extension
and Localism Act of 2010 (‘‘STELA’’),
Pub. L. No. 111–175, amended the Act
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105
35
7
*
by directing the Register of Copyrights
to issue regulations to allow copyright
owners to audit the SOAs and royalty
fees that cable operators and satellite
carriers file with the Office. Section
119(b)(2) of the Act directs the Register
to ‘‘issue regulations to permit
interested parties to verify and audit the
statements of account and royalty fees
submitted by satellite carriers under this
subsection.’’ 17 U.S.C. 119(b)(2).
Similarly, section 111(d)(6) directs the
Register to ‘‘issue regulations to provide
for the confidential verification by
copyright owners whose works were
embodied in the secondary
transmissions of primary transmissions
pursuant to [section 111] of the
information reported on the semiannual
statements of account filed under this
subsection for accounting periods
beginning on or after January 1, 2010, in
order that the auditor designated under
subparagraph [111(d)(6)(A)] is able to
confirm the correctness of the
calculations and royalty payments
reported therein.’’ 17 U.S.C. 111(d)(6).
On June 14, 2012, the Office issued a
Notice of Proposed Rulemaking that set
forth its initial proposal for the audit
procedure (the ‘‘First Proposed Rule’’).
See 77 FR 35643 (June 14, 2012). In
drafting this proposal the Office
considered similar audit regulations that
the Office developed for parties that
make ephemeral recordings or transmit
digital sound recordings under 17
U.S.C. sections 112(e) and 114(f),
respectively, or manufacture, import,
and distribute digital audio recording
devices under 17 U.S.C. chapter 10. The
Office also considered a joint proposal
(‘‘the Petition for Rulemaking’’) that was
submitted by the Motion Picture
Association of America, Inc. (‘‘MPAA’’),
its member companies, and other
E:\FR\FM\18NOR1.SGM
18NOR1
]]>Agencies
- Library of Congress
- U.S. Copyright Office
[Federal Register Volume 79, Number 222 (Tuesday, November 18, 2014)]
[Rules and Regulations]
[Pages 68622-68623]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-27274]
=======================================================================
-----------------------------------------------------------------------
LIBRARY OF CONGRESS
U.S. Copyright Office
37 CFR Part 201
[Docket No. 2014-08]
Fees for Submitting Corrected Electronic Title Appendices
AGENCY: U.S. Copyright Office, Library of Congress.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Copyright Office recently adopted amended regulations
to allow remitters to submit title lists in electronic format when
recording documents that reference 100 or more titles. Those
regulations also provide a process for correcting inaccuracies in the
Office's online Public Catalog resulting from errors in electronic
title lists. To avoid delay in implementing the electronic title list
option, the Office decided to issue that final rule without imposition
of a fee for corrections until such time as a fee could be set in
accordance with this separate rulemaking. Today, the Office is amending
its regulations to set that fee at a rate of seven dollars per
corrected title.
DATES: Effective December 18, 2014.
FOR FURTHER INFORMATION CONTACT: Sarang V. Damle, Special Advisor to
the General Counsel, by email at sdam@loc.gov or by telephone at 202-
707-8350; or Abi Oyewole, Attorney-Advisor, by email at aoye@loc.gov or
by telephone at 202-707-8350.
SUPPLEMENTARY INFORMATION: On September 17, 2014, under a rulemaking
entitled ``Changes to Recordation Practices,'' the Copyright Office
(``Office'') amended its regulations to, among other things, allow
remitters to submit lists of titles in electronic format when recording
documents that reference 100 or more titles of copyrighted works. See
79 FR 55633. Those electronic lists are used by the Office for the
purposes of indexing the online Public Catalog of recorded documents.
In response to a comment received from the Recording Industry
Association of America, Inc. (``RIAA''),\1\ the amended regulations
also adopted a procedure for correcting errors in the online Public
Catalog that have been caused by remitters' submission of inaccurate
title lists. See 37 CFR 201.4(c)(4)(v). However, to avoid delay in
implementing the electronic title list option, the Office decided to
issue that final rule without imposition of a fee for corrections until
a fee could be set in accordance with a separate Notice of Proposed
Rulemaking (``NPRM'').
---------------------------------------------------------------------------
\1\ Recording Industry Ass'n of Am., Inc., Comments Submitted in
Response to U.S. Copyright Office's July 16, 2014 Notice of Proposed
Rulemaking (Aug. 15, 2014), available at https://copyright.gov/rulemaking/recordation-practices/docket2014-4/comments/RIAA.pdf.
---------------------------------------------------------------------------
That separate NPRM was published on September 17, 2014 and proposed
a fee of seven dollars per corrected title. 79 FR 55694. The Office
received only one substantive submission containing comments from
RIAA.\2\ In its comments, RIAA expressed approval of the Office's
decision to implement a correction process for electronic title lists.
RIAA Comments at 1. It stated that it believed the number of errors
found in an electronic title list would be small, and in such cases the
$7 fee was ``reasonable.'' Id. But, it urged that in the ``presumably
rare situations where a major clerical error requires a remitter to
correct a large number of titles, a fee of $7 per title could serve as
a disincentive for correcting the Office's records or as a penalty for
having made a mistake in the first instance.'' Id. at 1-2. RIAA
suggested that the Office ``track instances of large-scale corrections
to electronic lists'' and consider a ``fee structure'' that would
reduce the fee per corrected title once remitters exceed a set number
of errors. Id. at 2.
---------------------------------------------------------------------------
\2\ Recording Industry Ass'n of Am. Inc., Comments Submitted in
Response to U.S. Copyright Office's September 17, 2014 Notice of
Proposed Rulemaking (Oct. 17, 2014) (``RIAA Comments''), available
at https://copyright.gov/rulemaking/etitle-fees/comments/docket_2014%E2%80%9308/RIAA.pdf.
---------------------------------------------------------------------------
As the NPRM explained, the fee of seven dollars per corrected title
was determined after considering the various personnel and system costs
associated with providing the new service. 79 FR at 55695. What RIAA
proposes, in essence, is that remitters who submit lists with a large
number of errors be given a ``volume discount'' that is below the
Office's costs.
The Office declines to adopt this recommendation. To the extent the
fee established here will have any effect on remitter behavior, the
Office believes that it will principally serve as an incentive for
submitting accurate electronic title lists in the first place, rather
than as ``a disincentive for correcting the Office's records.'' RIAA
Comments at 1-2. As the Office has stressed, remitters should
``establish[ ] appropriate internal procedures to review and confirm
electronic lists before they are submitted to the Office.'' 79 FR at
55634. In any event, the statute itself provides an incentive for the
submission of correct information as the benefits of recordation depend
upon the
[[Page 68623]]
accurate identification and indexing of titles affected. See 17 U.S.C.
205(c)-(d).
List of Subjects in 37 CFR Part 201
Copyright.
Final Regulations
For the reasons set forth in the preamble, the Copyright Office
amends 37 CFR part 201 as follows:
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. 201.3 by revising paragraph (c)(16) to read as follows:
Sec. 201.3 Fees for registration, recordation, and related services,
special services, and services performed by the Licensing Division.
* * * * *
(c) * * *
------------------------------------------------------------------------
Registration, recordation and related services Fees ($)
------------------------------------------------------------------------
* * * * * * *
(16) Recordation of document, including a notice of intention
to enforce
(single title)........................................... 105
Additional titles (per group of 1 to 10 titles).......... 35
Correction of online Public Catalog data due to erroneous 7
electronic title submission (per title).................
* * * * * * *
------------------------------------------------------------------------
* * * * *
0
3. Amend Sec. 201.4 by revising the last sentence of paragraph
(c)(4)(v) to read as follows:
Sec. 201.4 Recordation of transfers and certain other documents.
* * * * *
(c) * * *
(4) * * *
(v) * * * Upon receipt of a corrected electronic list in proper
form and the appropriate fee, the Office will proceed to correct the
data in the online Public Catalog, and will make a note in the record
indicating that the corrections were made and the date they were made.
* * * * *
Dated: October 30, 2014.
Maria A. Pallante,
Register of Copyrights.
Approved by:
James H. Billington,
Librarian of Congress.
[FR Doc. 2014-27274 Filed 11-17-14; 8:45 am]
BILLING CODE 1410-30-P
