Affixation and Position of Copyright Notice, 42735-42738 [2017-19285]
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Federal Register / Vol. 82, No. 175 / Tuesday, September 12, 2017 / Rules and Regulations
procedures operate in conjunction with
the PBGC Continuity of Operations Plan
(‘‘COOP Plan’’) of the current year, and
any government-wide COOP protocols
in effect.
(b) During an emergency, the business
of the PBGC must continue to be
managed in accordance with its COOP
Plan. The functions of the Board of
Directors must be carried out by those
Members of the Board of Directors in
office at the time the emergency arises,
or by persons designated by the
agencies’ COOP plans to act in place of
the Board Members, who are available
to act during the emergency. If no such
persons are available, then the authority
of the Board must be transferred to the
Board Representatives who are
available. If no Board Representatives
are available, then the Director of the
Corporation must perform essential
Board functions.
(c) During an emergency, meetings of
the Board may be called by any
available Member of the Board. The
notice thereof must specify the time and
place of the meeting. To the extent
possible, notice must be given in
accordance with these bylaws. Notice
must be given to those Board Members
whom it is feasible to reach at the time
of the emergency, and notice may be
given at a time less than 24 hours before
the meeting if deemed necessary by the
person giving notice.
§ 4002.9
Seal.
The seal of the Corporation must be
in such form as may be approved from
time to time by the Board.
§ 4002.10
Authority and amendments.
(a) Section 4002 of ERISA and the
bylaws establish the authority and
responsibilities of the Board, the Board
Representatives, and the Director.
(b) These bylaws may be amended or
new bylaws adopted by unanimous vote
of the Board.
Issued in Washington, DC.
W. Thomas Reeder,
Director, Pension Benefit Guaranty
Corporation.
[FR Doc. 2017–19308 Filed 9–11–17; 8:45 am]
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2017–0844]
Drawbridge Operation Regulation;
Carquinez Strait, Martinez, CA
Coast Guard, DHS.
Notice of deviation from
drawbridge regulation.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the Union Pacific
Railroad Drawbridge across the
Carquinez Strait, mile 7.0, at Martinez,
CA. The deviation is necessary to allow
advance notification for openings due to
mechanical issues at the bridge and to
conduct repairs to resolve said issues.
This deviation requires the bridge to
open on signal if at least 30 minutes
notice is given to the bridge operator
from approaching vessels and allows the
bridge to remain in the closed-tonavigation during operating equipment
replacement.
DATES: This deviation is effective
without actual notice from September
12, 2017 through 5 p.m. on September
19, 2017. For the purposes of
enforcement, actual notice will be used
from September 6, 2017 until September
12, 2017.
ADDRESSES: The docket for this
deviation, USCG–2017–0844 is available
at https://www.regulations.gov. Type the
docket number in the ‘‘SEARCH’’ box
and click ‘‘SEARCH.’’ Click on Open
Docket Folder on the line associated
with this deviation.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email Carl T. Hausner,
Chief, Bridge Section, Eleventh Coast
Guard District; telephone 510–437–
3516; email Carl.T.Hausner@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard has recommended and the Union
Pacific Railroad Company has agreed to
a temporary change in the operation of
the Union Pacific Railroad Drawbridge,
over the Carquinez Strait, mile 7.0, at
Martinez, CA. The drawbridge
navigation span provides a vertical
clearance of 70 feet above Mean High
Water in the closed-to-navigation
position. The draw operates as required
by 33 CFR 117.5. Navigation on the
waterway is commercial and
recreational.
Due to bridge operating equipment
issues, the bridge will open on signal if
at least 30 minutes notice is given to the
SUMMARY:
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bridge operator from 12 p.m. on August
25, 2017 through 10 a.m. on September
19, 2017. The drawspan will be secured
in the closed-to-navigation position
from 10 a.m. through 5 p.m. on
September 19, 2017, to allow the bridge
owner to replace the defective
equipment. This temporary deviation
has been coordinated with the waterway
users. No objections to the proposed
temporary deviation were raised.
Vessels able to pass through the bridge
in the closed position may do so at
anytime. From 10 a.m. through 5 p.m.
on September 19, 2017, the bridge will
not be able to open for emergencies and
there is no immediate alternate route for
vessels to pass. The Coast Guard will
also inform the users of the waterway
through our Local and Broadcast
Notices to Mariners of the change in
operating schedule for the bridge so that
vessel operators can arrange their
transits to minimize any impact caused
by the temporary deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
Dated: September 6, 2017.
Carl T. Hausner,
District Bridge Chief, Eleventh Coast Guard
District.
[FR Doc. 2017–19254 Filed 9–11–17; 8:45 am]
BILLING CODE 9110–04–P
LIBRARY OF CONGRESS
U.S. Copyright Office
37 CFR Parts 201 and 202
[Docket No. 2017–13]
Affixation and Position of Copyright
Notice
U.S. Copyright Office, Library
of Congress.
ACTION: Final rule.
AGENCY:
This final rule makes a nonsubstantive technical change to the U.S.
Copyright Office’s regulations governing
the affixation and position of copyright
notice on various types of works.
DATES: Effective October 12, 2017.
FOR FURTHER INFORMATION CONTACT: Erik
Bertin, Deputy Director of Registration
Policy and Practice, by email at ebertin@
loc.gov; or Andrew P. Moore, Barbara A.
Ringer Honors Fellow, by email at
amoo@loc.gov. Both can be reached by
telephone by calling 202–707–8040.
SUMMARY:
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Federal Register / Vol. 82, No. 175 / Tuesday, September 12, 2017 / Rules and Regulations
As part of
the U.S. Copyright Office’s ongoing
efforts to streamline its regulations, the
Office is consolidating its regulations
related to copyright notice.1 Copyright
notice was required for works published
prior to January 1, 1978, which were
governed by the Copyright Act of 1909.
Before the Copyright Act of 1976, if a
work was not published with a proper
copyright notice, copyright protection
for the work was lost in the United
States.2 The 1976 Act also generally
required copyright notice (unless a
statutory exemption applied) until
March 1, 1989, when the Berne
Convention Implementation Act of 1988
took effect, making copyright notice
optional.3 If a work was publicly
distributed prior to the Berne
Convention Implementation Act, the
omission of a copyright notice did not
invalidate the copyright in a work if the
notice was omitted from a relatively
small number of copies, registration was
made within five years after publication
and a reasonable effort was made to add
notices to copies distributed to the
public after the omission was
discovered, or the omission was a result
of a violation of an express agreement
requiring affixation of notice in order to
publicly distribute copies.4
While U.S. law no longer requires the
use of a copyright notice, placing it on
a work does have some legal benefits.
For example, the use of notice can
inform the public that a work is
protected by copyright and provide
information on authorship and the date
of first publication.5 Additionally, in an
infringement action, a court will not
give weight to a defendant’s use of an
innocent infringement defense, which
could otherwise result in a reduction of
damages, if the relevant copies of the
work in question had a proper copyright
notice.6
Currently, two sections of the Office’s
regulations concern copyright notice:
One contains provisions governing
copyright notice generally, 37 CFR
202.2, and the other specifies methods
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SUPPLEMENTARY INFORMATION:
1 Copyright notice placement on phonorecords is
governed by statute rather than regulations and can
be found at 17 U.S.C. 402(b)–(c). These provisions
remain unaffected by this final rule.
2 Sec. 9, Public Law 60–349, 35 Stat. 1075, 1077
(1909); see also Stewart v. Abend, 495 U.S. 207, 233
(1990) (‘‘Under the 1909 Act, it was necessary to
publish the work with proper notice to obtain
copyright. Publication of a work without proper
notice automatically sent a work into the public
domain.’’).
3 Sec. 7, Public Law 100–568, 102 Stat. 2853,
2857 (1988).
4 17 U.S.C. 405(a).
5 17 U.S.C. 405(b).
6 17 U.S.C. 401(d). For additional background
information on copyright notice, see U.S. Copyright
Office, Circular 3: Copyright Notice (2013).
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of affixation and positions of the
copyright notice on various types of
works, 37 CFR 201.20. Because the
information and requirements contained
in these two separate sections are more
appropriately contained in a single
location, the contents of 37 CFR 201.20
are being relocated to 37 CFR 202.2. The
current 37 CFR 201.20 is now rendered
duplicative and is being removed and
reserved. In addition to relocating the
contents of 37 CFR 201.20, minor
technical changes are being made to its
contents including removing
superfluous definitions previously
contained in 37 CFR 201.20(b)(1) and
(2) 7 and relocating the definition of
‘‘machine-readable copy’’ § 202.2(c)(2),
which is dedicated to definitions.
In addition to the technical changes
discussed above regarding copyright
notice, this rule is fixing two typos in
the 37 CFR 202.6(e)(1), removing an
extraneous period and adding a missing
comma.
Because this amendment is a nonsubstantive, technical change not
‘‘alter[ing] the rights or interest of
parties,’’ it is therefore not subject to the
notice and comment requirements of the
Administrative Procedure Act,8 and the
Office is publishing this as a final rule
without first publishing a notice of
proposed rulemaking. Other provisions
in the regulations that relate to
copyright notice remain unaffected.
List of Subjects in 37 CFR Parts 201 and
202
Copyright.
Final Regulations
For the reasons set forth in the above,
the Copyright Office amends 37 CFR
parts 201 and 202 as follows:
PART 201—GENERAL PROVISIONS
1. The authority citation for part 201
continues to read as follows:
■
Authority: 17 U.S.C. 702.
§ 201.20
■
[Removed and Reserved]
2. Remove and reserve § 201.20.
7 See 37 CFR 201.20(b)(1) (defining ‘‘audiovisual
works, collective works, copies, device, fixed,
machine, motion picture, pictorial, graphic, and
sculptural works’’ to have the same meaning given
to them in 17 U.S.C. 101); id. at 201.20(b)(2)
(defining ‘‘Title 17’’ as ‘‘title 17 of the United States
Code, as amended by Pub. L. 94–553’’).
8 See Nat’l Mining Ass’n v. McCarthy, 758 F.3d
243, 250 (D.C. Cir. 2014); 5 U.S.C. 553(b) (notice
and comment not required for ‘‘interpretative rules,
general statements of policy, or rules of agency
organization, procedure, or practice’’).
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PART 202—PREREGISTRATION AND
REGISTRATION OF CLAIMS TO
COPYRIGHT
3. The authority citation for part 202
continues to read as follows:
■
Authority: 17 U.S.C. 408(f), 702.
4. In § 202.2, add paragraph (c) to read
as follows:
■
§ 202.2
Copyright notice.
*
*
*
*
*
(c) Methods of affixation and
positions of the copyright notice on
various types of works—(1) General. (i)
This paragraph specifies examples of
methods of affixation and positions of
the copyright notice on various types of
works that will satisfy the notice
requirement of section 401(c) of title 17
of the United States Code, as amended
by Public Law 94–553. A notice
considered ‘‘acceptable’’ under this
regulation shall be considered to satisfy
the requirement of that section that it be
‘‘affixed to the copies in such manner
and location as to give reasonable notice
of the claim of copyright.’’ As provided
by that section, the examples specified
in this regulation shall not be
considered exhaustive of methods of
affixation and positions giving
reasonable notice of the claim of
copyright.
(ii) The provisions of this paragraph
are applicable to copies publicly
distributed on or after December 1,
1981. This paragraph does not establish
any rules concerning the form of the
notice or the legal sufficiency of
particular notices, except with respect
to methods of affixation and positions of
notice. The adequacy or legal
sufficiency of a copyright notice is
determined by the law in effect at the
time of first publication of the work.
(2) Definitions. For the purposes of
this paragraph:
(i) In the case of a work consisting
preponderantly of leaves on which the
work is printed or otherwise reproduced
on both sides, a ‘‘page’’ is one side of
a leaf; where the preponderance of the
leaves are printed on one side only, the
terms ‘‘page’’ and ‘‘leaf’’ mean the same.
(ii) A work is published in book form
if the copies embodying it consist of
multiple leaves bound, fastened, or
assembled in a predetermined order, as,
for example, a volume, booklet,
pamphlet, or multipage folder. For the
purpose of this paragraph, a work need
not consist of textual matter in order to
be considered published in ‘‘book
form.’’
(iii) A title page is a page, or two
consecutive pages facing each other,
appearing at or near the front of the
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copies of a work published in book
form, on which the complete title of the
work is prominently stated and on
which the names of the author or
authors, the name of the publisher, the
place of publication, or some
combination of them, are given.
(iv) The meaning of the terms front,
back, first, last, and following, when
used in connection with works
published in book form, will vary in
relation to the physical form of the
copies, depending upon the particular
language in which the work is written.
(v) In the case of a work published in
book form with a hard or soft cover, the
front page and back page of the copies
are the outsides of the front and back
covers; where there is no cover, the
‘‘front page,’’ and ‘‘back page’’ are the
pages visible at the front and back of the
copies before they are opened.
(vi) A masthead is a body of
information appearing in approximately
the same location in most issues of a
newspaper, magazine, journal, review,
or other periodical or serial, typically
containing the title of the periodical or
serial, information about the staff,
periodicity of issues, operation, and
subscription and editorial policies, of
the publication.
(vii) A single-leaf work is a work
published in copies consisting of a
single leaf, including copies on which
the work is printed or otherwise
reproduced on either one side or on
both sides of the leaf, and also folders
which, without cutting or tearing the
copies, can be opened out to form a
single leaf. For the purpose of this
paragraph, a work need not consist of
textual matter in order to be considered
a ‘‘single-leaf work.’’
(viii) A machine-readable copy is a
copy from which the work cannot
ordinarily be visually perceived except
with the aid of a machine or device,
such as magnetic tapes or disks,
punched cards, or the like. Works
published in a form requiring the use of
a machine or device for purposes of
optical enlargement (such as film,
filmstrips, slide films, and works
published in any variety of microform)
and works published in visually
perceptible form but used in connection
with optical scanning devices, are not
within this category.
(3) Manner of affixation and position
generally. (i) In all cases dealt with in
this paragraph, the acceptability of a
notice depends upon its being
permanently legible to an ordinary user
of the work under normal conditions of
use, and affixed to the copies in such
manner and position that, when affixed,
it is not concealed from view upon
reasonable examination.
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(ii) Where, in a particular case, a
notice does not appear in one of the
precise locations prescribed in this
paragraph but a person looking in one
of those locations would be reasonably
certain to find a notice in another
somewhat different location, that notice
will be acceptable under this paragraph.
(4) Works published in book form. In
the case of works published in book
form, a notice reproduced on the copies
in any of the following positions is
acceptable:
(i) The title page, if any;
(ii) The page immediately following
the title page, if any;
(iii) Either side of the front cover, if
any; or, if there is no front cover, either
side of the front leaf of the copies;
(iv) Either side of the back cover, if
any; or, if there is no back cover, either
side of the back leaf of the copies;
(v) The first page of the main body of
the work;
(vi) The last page of the main body of
the work;
(vii) Any page between the front page
and the first page of the main body of
the work, if:
(A) There are no more than ten pages
between the front page and the first page
of the main body of the work; and
(B) The notice is reproduced
prominently and is set apart from other
matter on the page where it appears;
(viii) Any page between the last page
of the main body of the work and back
page, if:
(A) There are no more than ten pages
between the last page of the main body
of the work and the back page; and
(B) The notice is reproduced
prominently and is set apart from the
other matter on the page where it
appears.
(ix) In the case of a work published as
an issue of a periodical or serial, in
addition to any of the locations listed in
paragraphs (c)(4)(i) through (viii) of this
section, a notice is acceptable if it is
located:
(A) As a part of, or adjacent to, the
masthead;
(B) On the page containing the
masthead if the notice is reproduced
prominently and is set apart from the
other matter appearing on the page; or
(C) Adjacent to a prominent heading,
appearing at or near the front of the
issue, containing the title of the
periodical or serial and any combination
of the volume and issue number and
date of the issue.
(x) In the case of a musical work, in
addition to any of the locations listed in
paragraphs (c)(4)(i) through (ix) of this
section, a notice is acceptable if it is
located on the first page of music.
(5) Single-leaf works. In the case of
single-leaf works, a notice reproduced
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on the copies anywhere on the front or
back of the leaf is acceptable.
(6) Contributions to collective works.
For a separate contribution to a
collective work to be considered to
‘‘bear its own notice of copyright,’’ as
provided by 17 U.S.C. 404, a notice
reproduced on the copies in any of the
following positions is acceptable:
(i) Where the separate contribution is
reproduced on a single page, a notice is
acceptable if it appears:
(A) Under the title of the contribution
on that page;
(B) Adjacent to the contribution; or
(C) On the same page if, through
format, wording, or both, the
application of the notice to the
particular contribution is made clear;
(ii) Where the separate contribution is
reproduced on more than one page of
the collective work, a notice is
acceptable if it appears:
(A) Under a title appearing at or near
the beginning of the contribution;
(B) On the first page of the main body
of the contribution;
(C) Immediately following the end of
the contribution; or
(D) On any of the pages where the
contribution appears, if:
(1) The contribution is reproduced on
no more than twenty pages of the
collective work;
(2) The notice is reproduced
prominently and is set apart from other
matter on the page where it appears; and
(3) Through format, wording, or both,
the application of the notice to the
particular contribution is made clear;
(iii) Where the separate contribution
is a musical work, in addition to any of
the locations listed in paragraphs
(c)(6)(i) and (ii) of this section, a notice
is acceptable if it is located on the first
page of music of the contribution;
(iv) As an alternative to placing the
notice on one of the pages where a
separate contribution itself appears, the
contribution is considered to ‘‘bear its
own notice’’ if the notice appears clearly
in juxtaposition with a separate listing
of the contribution by title, or if the
contribution is untitled, by a description
reasonably identifying the contribution:
(A) On the page bearing the copyright
notice for the collective work as a
whole, if any; or
(B) In a clearly identified and readilyaccessible table of contents or listing of
acknowledgements appearing near the
front or back of the collective work as
a whole.
(7) Works reproduced in machinereadable copies. For works reproduced
in machine-readable copies, each of the
following constitutes an example of
acceptable methods of affixation and
position of notice:
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(i) A notice embodied in the copies in
machine-readable form in such a
manner that on visually perceptible
printouts it appears either with or near
the title, or at the end of the work;
(ii) A notice that is displayed at the
user’s terminal at sign on;
(iii) A notice that is continuously on
terminal display; or
(iv) A legible notice reproduced
durably, so as to withstand normal use,
on a gummed or other label securely
affixed to the copies or to a box, reel,
cartridge, cassette, or other container
used as a permanent receptacle for the
copies.
(8) Motion pictures and other
audiovisual works. (i) The following
constitute examples of acceptable
methods of affixation and positions of
the copyright notice on motion pictures
and other audiovisual works: A notice
that is embodied in the copies by a
photomechanical or electronic process,
in such a position that it ordinarily
would appear whenever the work is
performed in its entirety, and that is
located:
(A) With or near the title;
(B) With the cast, credits, and similar
information;
(C) At or immediately following the
beginning of the work; or
(D) At or immediately preceding the
end of the work.
(ii) In the case of an untitled motion
picture or other audiovisual work whose
duration is sixty seconds or less, in
addition to any of the locations listed in
paragraph (c)(8)(i) of this section, a
notice that is embodied in the copies by
a photomechanical or electronic
process, in such a position that it
ordinarily would appear to the
projectionist or broadcaster when
preparing the work for performance, is
acceptable if it is located on the leader
of the film or tape immediately
preceding the beginning of the work.
(iii) In the case of a motion picture or
other audiovisual work that is
distributed to the public for private use,
the notice may be affixed, in addition to
the locations specified in paragraph
(c)(8)(i) of this section, on the housing
or container, if it is a permanent
receptacle for the work.
(9) Pictorial, graphic, and sculptural
works. The following constitute
examples of acceptable methods of
affixation and positions of the copyright
notice on various forms of pictorial,
graphic, and sculptural works:
(i) Where a work is reproduced in
two-dimensional copies, a notice affixed
directly or by means of a label
cemented, sewn, or otherwise attached
durably, so as to withstand normal use,
of the front or back of the copies, or to
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any backing, mounting, matting,
framing, or other material to which the
copies are durably attached, so as to
withstand normal use, or in which they
are permanently housed, is acceptable.
(ii) Where a work is reproduced in
three-dimensional copies, a notice
affixed directly or by means of a label
cemented, sewn, or otherwise attached
durably, so as to withstand normal use,
to any visible portion of the work, or to
any base, mounting, framing, or other
material on which the copies are
durably attached, so as to withstand
normal use, or in which they are
permanently housed, is acceptable.
(iii) Where, because of the size or
physical characteristics of the material
in which the work is reproduced in
copies, it is impossible or extremely
impracticable to affix a notice to the
copies directly or by means of a durable
label, a notice is acceptable if it appears
on a tag that is of durable material, so
as to withstand normal use, and that is
attached to the copy with sufficient
durability that it will remain with the
copy while it is passing through its
normal channels of commerce.
(iv) Where a work is reproduced in
copies consisting of sheet-like or strip
material bearing multiple or continuous
reproductions of the work, the notice
may be applied:
(A) To the reproduction itself;
(B) To the margin, selvage, or reverse
side of the material at frequent and
regular intervals; or
(C) If the material contains neither a
selvage nor a reverse side, to tags or
labels, attached to the copies and to any
spools, reels, or containers housing
them in such a way that a notice is
visible while the copies are passing
through their normal channels of
commerce.
(v) If the work is permanently housed
in a container, such as a game or puzzle
box, a notice reproduced on the
permanent container is acceptable.
§ 202.6
[Amended]
5. In § 202.6(e)(1), remove ‘‘SE., an
unpublished collection or’’ and add in
its place ‘‘SE., an unpublished
collection, or’’.
■
Dated: August 14, 2017.
Karyn Temple Claggett,
Acting Register of Copyrights and Director
of the U.S. Copyright Office.
Approved by:
Carla Hayden,
Librarian of Congress.
[FR Doc. 2017–19285 Filed 9–11–17; 8:45 am]
BILLING CODE 1410–30–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2017–0062; FRL–9967–62–
Region 8]
Approval and Promulgation of Air
Quality Implementation Plans;
Montana; Regional Haze Federal
Implementation Plan
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is finalizing revisions
pursuant to section 110 of the Clean Air
Act (CAA) to the Federal
Implementation Plan (FIP) addressing
regional haze in the State of Montana.
The EPA promulgated a FIP on
September 18, 2012, in response to the
State’s decision in 2006 to not submit a
regional haze State Implementation Plan
(SIP). We proposed revisions to that FIP
on April 14, 2017, and are now
finalizing those revisions. Specifically,
the EPA is finalizing revisions to the
FIP’s requirement for best available
retrofit technology (BART) for the
Trident cement kiln owned and
operated by Oldcastle Materials Cement
Holdings, Inc. (Oldcastle), located in
Three Forks, Montana. In response to a
request from Oldcastle, and in light of
new information that was not available
at the time we originally promulgated
the FIP, we are revising the nitrogen
oxides (NOX) emission limit for the
Trident cement kiln. We are also
correcting errors we made in our FIP
regarding the reasonable progress
determination for the Blaine County #1
Compressor Station and the instructions
for compliance determinations for
particulate matter (PM) BART emission
limits at electrical generating units
(EGUs) and cement kilns. This action
does not address the U.S. Court of
Appeals for the Ninth Circuit’s June 9,
2015 vacatur and remand of portions of
the FIP regarding the Colstrip and
Corette power plants; we plan to
address the court’s remand in a separate
action.
DATES: This rule is effective October 12,
2017.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2017–0062. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
e.g., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
SUMMARY:
E:\FR\FM\12SER1.SGM
12SER1
]]>Agencies
- Library of Congress
- U.S. Copyright Office
[Federal Register Volume 82, Number 175 (Tuesday, September 12, 2017)]
[Rules and Regulations]
[Pages 42735-42738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19285]
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LIBRARY OF CONGRESS
U.S. Copyright Office
37 CFR Parts 201 and 202
[Docket No. 2017-13]
Affixation and Position of Copyright Notice
AGENCY: U.S. Copyright Office, Library of Congress.
ACTION: Final rule.
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SUMMARY: This final rule makes a non-substantive technical change to
the U.S. Copyright Office's regulations governing the affixation and
position of copyright notice on various types of works.
DATES: Effective October 12, 2017.
FOR FURTHER INFORMATION CONTACT: Erik Bertin, Deputy Director of
Registration Policy and Practice, by email at ebertin@loc.gov; or
Andrew P. Moore, Barbara A. Ringer Honors Fellow, by email at
amoo@loc.gov. Both can be reached by telephone by calling 202-707-8040.
[[Page 42736]]
SUPPLEMENTARY INFORMATION: As part of the U.S. Copyright Office's
ongoing efforts to streamline its regulations, the Office is
consolidating its regulations related to copyright notice.\1\ Copyright
notice was required for works published prior to January 1, 1978, which
were governed by the Copyright Act of 1909. Before the Copyright Act of
1976, if a work was not published with a proper copyright notice,
copyright protection for the work was lost in the United States.\2\ The
1976 Act also generally required copyright notice (unless a statutory
exemption applied) until March 1, 1989, when the Berne Convention
Implementation Act of 1988 took effect, making copyright notice
optional.\3\ If a work was publicly distributed prior to the Berne
Convention Implementation Act, the omission of a copyright notice did
not invalidate the copyright in a work if the notice was omitted from a
relatively small number of copies, registration was made within five
years after publication and a reasonable effort was made to add notices
to copies distributed to the public after the omission was discovered,
or the omission was a result of a violation of an express agreement
requiring affixation of notice in order to publicly distribute
copies.\4\
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\1\ Copyright notice placement on phonorecords is governed by
statute rather than regulations and can be found at 17 U.S.C.
402(b)-(c). These provisions remain unaffected by this final rule.
\2\ Sec. 9, Public Law 60-349, 35 Stat. 1075, 1077 (1909); see
also Stewart v. Abend, 495 U.S. 207, 233 (1990) (``Under the 1909
Act, it was necessary to publish the work with proper notice to
obtain copyright. Publication of a work without proper notice
automatically sent a work into the public domain.'').
\3\ Sec. 7, Public Law 100-568, 102 Stat. 2853, 2857 (1988).
\4\ 17 U.S.C. 405(a).
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While U.S. law no longer requires the use of a copyright notice,
placing it on a work does have some legal benefits. For example, the
use of notice can inform the public that a work is protected by
copyright and provide information on authorship and the date of first
publication.\5\ Additionally, in an infringement action, a court will
not give weight to a defendant's use of an innocent infringement
defense, which could otherwise result in a reduction of damages, if the
relevant copies of the work in question had a proper copyright
notice.\6\
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\5\ 17 U.S.C. 405(b).
\6\ 17 U.S.C. 401(d). For additional background information on
copyright notice, see U.S. Copyright Office, Circular 3: Copyright
Notice (2013).
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Currently, two sections of the Office's regulations concern
copyright notice: One contains provisions governing copyright notice
generally, 37 CFR 202.2, and the other specifies methods of affixation
and positions of the copyright notice on various types of works, 37 CFR
201.20. Because the information and requirements contained in these two
separate sections are more appropriately contained in a single
location, the contents of 37 CFR 201.20 are being relocated to 37 CFR
202.2. The current 37 CFR 201.20 is now rendered duplicative and is
being removed and reserved. In addition to relocating the contents of
37 CFR 201.20, minor technical changes are being made to its contents
including removing superfluous definitions previously contained in 37
CFR 201.20(b)(1) and (2) \7\ and relocating the definition of
``machine-readable copy'' Sec. 202.2(c)(2), which is dedicated to
definitions.
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\7\ See 37 CFR 201.20(b)(1) (defining ``audiovisual works,
collective works, copies, device, fixed, machine, motion picture,
pictorial, graphic, and sculptural works'' to have the same meaning
given to them in 17 U.S.C. 101); id. at 201.20(b)(2) (defining
``Title 17'' as ``title 17 of the United States Code, as amended by
Pub. L. 94-553'').
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In addition to the technical changes discussed above regarding
copyright notice, this rule is fixing two typos in the 37 CFR
202.6(e)(1), removing an extraneous period and adding a missing comma.
Because this amendment is a non-substantive, technical change not
``alter[ing] the rights or interest of parties,'' it is therefore not
subject to the notice and comment requirements of the Administrative
Procedure Act,\8\ and the Office is publishing this as a final rule
without first publishing a notice of proposed rulemaking. Other
provisions in the regulations that relate to copyright notice remain
unaffected.
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\8\ See Nat'l Mining Ass'n v. McCarthy, 758 F.3d 243, 250 (D.C.
Cir. 2014); 5 U.S.C. 553(b) (notice and comment not required for
``interpretative rules, general statements of policy, or rules of
agency organization, procedure, or practice'').
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List of Subjects in 37 CFR Parts 201 and 202
Copyright.
Final Regulations
For the reasons set forth in the above, the Copyright Office amends
37 CFR parts 201 and 202 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.
Sec. 201.20 [Removed and Reserved]
0
2. Remove and reserve Sec. 201.20.
PART 202--PREREGISTRATION AND REGISTRATION OF CLAIMS TO COPYRIGHT
0
3. The authority citation for part 202 continues to read as follows:
Authority: 17 U.S.C. 408(f), 702.
0
4. In Sec. 202.2, add paragraph (c) to read as follows:
Sec. 202.2 Copyright notice.
* * * * *
(c) Methods of affixation and positions of the copyright notice on
various types of works--(1) General. (i) This paragraph specifies
examples of methods of affixation and positions of the copyright notice
on various types of works that will satisfy the notice requirement of
section 401(c) of title 17 of the United States Code, as amended by
Public Law 94-553. A notice considered ``acceptable'' under this
regulation shall be considered to satisfy the requirement of that
section that it be ``affixed to the copies in such manner and location
as to give reasonable notice of the claim of copyright.'' As provided
by that section, the examples specified in this regulation shall not be
considered exhaustive of methods of affixation and positions giving
reasonable notice of the claim of copyright.
(ii) The provisions of this paragraph are applicable to copies
publicly distributed on or after December 1, 1981. This paragraph does
not establish any rules concerning the form of the notice or the legal
sufficiency of particular notices, except with respect to methods of
affixation and positions of notice. The adequacy or legal sufficiency
of a copyright notice is determined by the law in effect at the time of
first publication of the work.
(2) Definitions. For the purposes of this paragraph:
(i) In the case of a work consisting preponderantly of leaves on
which the work is printed or otherwise reproduced on both sides, a
``page'' is one side of a leaf; where the preponderance of the leaves
are printed on one side only, the terms ``page'' and ``leaf'' mean the
same.
(ii) A work is published in book form if the copies embodying it
consist of multiple leaves bound, fastened, or assembled in a
predetermined order, as, for example, a volume, booklet, pamphlet, or
multipage folder. For the purpose of this paragraph, a work need not
consist of textual matter in order to be considered published in ``book
form.''
(iii) A title page is a page, or two consecutive pages facing each
other, appearing at or near the front of the
[[Page 42737]]
copies of a work published in book form, on which the complete title of
the work is prominently stated and on which the names of the author or
authors, the name of the publisher, the place of publication, or some
combination of them, are given.
(iv) The meaning of the terms front, back, first, last, and
following, when used in connection with works published in book form,
will vary in relation to the physical form of the copies, depending
upon the particular language in which the work is written.
(v) In the case of a work published in book form with a hard or
soft cover, the front page and back page of the copies are the outsides
of the front and back covers; where there is no cover, the ``front
page,'' and ``back page'' are the pages visible at the front and back
of the copies before they are opened.
(vi) A masthead is a body of information appearing in approximately
the same location in most issues of a newspaper, magazine, journal,
review, or other periodical or serial, typically containing the title
of the periodical or serial, information about the staff, periodicity
of issues, operation, and subscription and editorial policies, of the
publication.
(vii) A single-leaf work is a work published in copies consisting
of a single leaf, including copies on which the work is printed or
otherwise reproduced on either one side or on both sides of the leaf,
and also folders which, without cutting or tearing the copies, can be
opened out to form a single leaf. For the purpose of this paragraph, a
work need not consist of textual matter in order to be considered a
``single-leaf work.''
(viii) A machine-readable copy is a copy from which the work cannot
ordinarily be visually perceived except with the aid of a machine or
device, such as magnetic tapes or disks, punched cards, or the like.
Works published in a form requiring the use of a machine or device for
purposes of optical enlargement (such as film, filmstrips, slide films,
and works published in any variety of microform) and works published in
visually perceptible form but used in connection with optical scanning
devices, are not within this category.
(3) Manner of affixation and position generally. (i) In all cases
dealt with in this paragraph, the acceptability of a notice depends
upon its being permanently legible to an ordinary user of the work
under normal conditions of use, and affixed to the copies in such
manner and position that, when affixed, it is not concealed from view
upon reasonable examination.
(ii) Where, in a particular case, a notice does not appear in one
of the precise locations prescribed in this paragraph but a person
looking in one of those locations would be reasonably certain to find a
notice in another somewhat different location, that notice will be
acceptable under this paragraph.
(4) Works published in book form. In the case of works published in
book form, a notice reproduced on the copies in any of the following
positions is acceptable:
(i) The title page, if any;
(ii) The page immediately following the title page, if any;
(iii) Either side of the front cover, if any; or, if there is no
front cover, either side of the front leaf of the copies;
(iv) Either side of the back cover, if any; or, if there is no back
cover, either side of the back leaf of the copies;
(v) The first page of the main body of the work;
(vi) The last page of the main body of the work;
(vii) Any page between the front page and the first page of the
main body of the work, if:
(A) There are no more than ten pages between the front page and the
first page of the main body of the work; and
(B) The notice is reproduced prominently and is set apart from
other matter on the page where it appears;
(viii) Any page between the last page of the main body of the work
and back page, if:
(A) There are no more than ten pages between the last page of the
main body of the work and the back page; and
(B) The notice is reproduced prominently and is set apart from the
other matter on the page where it appears.
(ix) In the case of a work published as an issue of a periodical or
serial, in addition to any of the locations listed in paragraphs
(c)(4)(i) through (viii) of this section, a notice is acceptable if it
is located:
(A) As a part of, or adjacent to, the masthead;
(B) On the page containing the masthead if the notice is reproduced
prominently and is set apart from the other matter appearing on the
page; or
(C) Adjacent to a prominent heading, appearing at or near the front
of the issue, containing the title of the periodical or serial and any
combination of the volume and issue number and date of the issue.
(x) In the case of a musical work, in addition to any of the
locations listed in paragraphs (c)(4)(i) through (ix) of this section,
a notice is acceptable if it is located on the first page of music.
(5) Single-leaf works. In the case of single-leaf works, a notice
reproduced on the copies anywhere on the front or back of the leaf is
acceptable.
(6) Contributions to collective works. For a separate contribution
to a collective work to be considered to ``bear its own notice of
copyright,'' as provided by 17 U.S.C. 404, a notice reproduced on the
copies in any of the following positions is acceptable:
(i) Where the separate contribution is reproduced on a single page,
a notice is acceptable if it appears:
(A) Under the title of the contribution on that page;
(B) Adjacent to the contribution; or
(C) On the same page if, through format, wording, or both, the
application of the notice to the particular contribution is made clear;
(ii) Where the separate contribution is reproduced on more than one
page of the collective work, a notice is acceptable if it appears:
(A) Under a title appearing at or near the beginning of the
contribution;
(B) On the first page of the main body of the contribution;
(C) Immediately following the end of the contribution; or
(D) On any of the pages where the contribution appears, if:
(1) The contribution is reproduced on no more than twenty pages of
the collective work;
(2) The notice is reproduced prominently and is set apart from
other matter on the page where it appears; and
(3) Through format, wording, or both, the application of the notice
to the particular contribution is made clear;
(iii) Where the separate contribution is a musical work, in
addition to any of the locations listed in paragraphs (c)(6)(i) and
(ii) of this section, a notice is acceptable if it is located on the
first page of music of the contribution;
(iv) As an alternative to placing the notice on one of the pages
where a separate contribution itself appears, the contribution is
considered to ``bear its own notice'' if the notice appears clearly in
juxtaposition with a separate listing of the contribution by title, or
if the contribution is untitled, by a description reasonably
identifying the contribution:
(A) On the page bearing the copyright notice for the collective
work as a whole, if any; or
(B) In a clearly identified and readily-accessible table of
contents or listing of acknowledgements appearing near the front or
back of the collective work as a whole.
(7) Works reproduced in machine-readable copies. For works
reproduced in machine-readable copies, each of the following
constitutes an example of acceptable methods of affixation and position
of notice:
[[Page 42738]]
(i) A notice embodied in the copies in machine-readable form in
such a manner that on visually perceptible printouts it appears either
with or near the title, or at the end of the work;
(ii) A notice that is displayed at the user's terminal at sign on;
(iii) A notice that is continuously on terminal display; or
(iv) A legible notice reproduced durably, so as to withstand normal
use, on a gummed or other label securely affixed to the copies or to a
box, reel, cartridge, cassette, or other container used as a permanent
receptacle for the copies.
(8) Motion pictures and other audiovisual works. (i) The following
constitute examples of acceptable methods of affixation and positions
of the copyright notice on motion pictures and other audiovisual works:
A notice that is embodied in the copies by a photomechanical or
electronic process, in such a position that it ordinarily would appear
whenever the work is performed in its entirety, and that is located:
(A) With or near the title;
(B) With the cast, credits, and similar information;
(C) At or immediately following the beginning of the work; or
(D) At or immediately preceding the end of the work.
(ii) In the case of an untitled motion picture or other audiovisual
work whose duration is sixty seconds or less, in addition to any of the
locations listed in paragraph (c)(8)(i) of this section, a notice that
is embodied in the copies by a photomechanical or electronic process,
in such a position that it ordinarily would appear to the projectionist
or broadcaster when preparing the work for performance, is acceptable
if it is located on the leader of the film or tape immediately
preceding the beginning of the work.
(iii) In the case of a motion picture or other audiovisual work
that is distributed to the public for private use, the notice may be
affixed, in addition to the locations specified in paragraph (c)(8)(i)
of this section, on the housing or container, if it is a permanent
receptacle for the work.
(9) Pictorial, graphic, and sculptural works. The following
constitute examples of acceptable methods of affixation and positions
of the copyright notice on various forms of pictorial, graphic, and
sculptural works:
(i) Where a work is reproduced in two-dimensional copies, a notice
affixed directly or by means of a label cemented, sewn, or otherwise
attached durably, so as to withstand normal use, of the front or back
of the copies, or to any backing, mounting, matting, framing, or other
material to which the copies are durably attached, so as to withstand
normal use, or in which they are permanently housed, is acceptable.
(ii) Where a work is reproduced in three-dimensional copies, a
notice affixed directly or by means of a label cemented, sewn, or
otherwise attached durably, so as to withstand normal use, to any
visible portion of the work, or to any base, mounting, framing, or
other material on which the copies are durably attached, so as to
withstand normal use, or in which they are permanently housed, is
acceptable.
(iii) Where, because of the size or physical characteristics of the
material in which the work is reproduced in copies, it is impossible or
extremely impracticable to affix a notice to the copies directly or by
means of a durable label, a notice is acceptable if it appears on a tag
that is of durable material, so as to withstand normal use, and that is
attached to the copy with sufficient durability that it will remain
with the copy while it is passing through its normal channels of
commerce.
(iv) Where a work is reproduced in copies consisting of sheet-like
or strip material bearing multiple or continuous reproductions of the
work, the notice may be applied:
(A) To the reproduction itself;
(B) To the margin, selvage, or reverse side of the material at
frequent and regular intervals; or
(C) If the material contains neither a selvage nor a reverse side,
to tags or labels, attached to the copies and to any spools, reels, or
containers housing them in such a way that a notice is visible while
the copies are passing through their normal channels of commerce.
(v) If the work is permanently housed in a container, such as a
game or puzzle box, a notice reproduced on the permanent container is
acceptable.
Sec. 202.6 [Amended]
0
5. In Sec. 202.6(e)(1), remove ``SE., an unpublished collection or''
and add in its place ``SE., an unpublished collection, or''.
Dated: August 14, 2017.
Karyn Temple Claggett,
Acting Register of Copyrights and Director of the U.S. Copyright
Office.
Approved by:
Carla Hayden,
Librarian of Congress.
[FR Doc. 2017-19285 Filed 9-11-17; 8:45 am]
BILLING CODE 1410-30-P
