Group Registration of Newspapers, 4144-4147 [2018-01838]
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Federal Register / Vol. 83, No. 20 / Tuesday, January 30, 2018 / Rules and Regulations
River Datum 0.0 while in the closed-tonavigation position, and provides 125
feet of horizontal clearance with half the
span open. This bridge operates in
accordance with 33 CFR 117.897. This
deviation allows the double bascule
span of the Broadway Bridge across the
Willamette River, mile 11.7, to operate
the bridge in single leaf mode to marine
traffic. The deviation period will be
from 1 a.m. on January 27, 2018 to 11:59
p.m. on February 23, 2018. The bridge
shall operate in accordance to 33 CFR
117.897 at all other times.
Waterway usage on this part of the
Willamette River includes vessels
ranging from commercial tug and barge
to small pleasure craft. One particular
shipping company regularly requests a
full bridge span opening in order to
transit the river. In anticipation of this
deviation, the shipping company has
agreed to give a 7 day notice and a 24
hour notice to the bridge owner for a
request of a full bridge span opening. If
this procedure is followed, the bridge
owner has agreed to comply with these
requests.
Vessels able to pass through the
bridge in the closed-to-navigation
position may do so at anytime. The
bridge will 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 waterways through our Local and
Broadcast Notices to Mariners of the
change in operating schedule for the
bridge so that vessels 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: January 16, 2018.
Steven M. Fischer,
Bridge Administrator, Thirteenth Coast Guard
District.
[FR Doc. 2018–01703 Filed 1–29–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF AGRICULTURE
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Forest Service
36 CFR Part 223
Sale and Disposal of National Forest
System Timber
CFR Correction
In Title 36 of the Code of Federal
Regulations, Parts 200 to 299, revised as
■
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of July 1, 2017, on page 113, the heading
of Part 223 and an effective date note are
reinstated to read as follows:
PART 223—SALE AND DISPOSAL OF
NATIONAL FOREST SYSTEM TIMBER
Effective Date Note: At 73 FR 79386, Dec.
29, 2008, the heading of part 223 was revised,
effective Jan. 28, 2009. At 74 FR 5107, Jan.
29, 2009, the amendment was delayed until
Mar. 30, 2009. At 74 FR 14049, Mar. 30,
2009, the amendment was further delayed
until May 29, 2009. At 74 FR 26091, June 1,
2009, the amendment was delayed
indefinitely. For the convenience of the user,
the revised text is set forth as follows:
PART 223—SALE AND DISPOSAL OF
NATIONAL FOREST SYSTEM TIMBER,
SPECIAL FOREST PRODUCTS, AND
FOREST BOTANICAL PRODUCTS
[FR Doc. 2018–01806 Filed 1–29–18; 8:45 am]
BILLING CODE 1301–00–D
LIBRARY OF CONGRESS
Copyright Office
37 CFR Parts 201 and 202
[Docket No. 2017–16]
Group Registration of Newspapers
U.S. Copyright Office, Library
of Congress.
ACTION: Final rule.
AGENCY:
The U.S. Copyright Office is
amending its regulation governing the
group registration option for
newspapers. The final rule will make a
number of changes to reflect current
Office practices, improve the efficiency
of the registration process, and
encourage broader participation in the
registration system by reducing the
burden on applicants. Specifically, the
final rule revises the definition of
‘‘newspaper issues’’ and clarifies that
the group registration option may be
used to register any qualifying
‘‘newspaper issue.’’ The final rule will
also require applicants to file an online
application rather than a paper
application, and upload a complete
digital copy of each issue through the
Office’s electronic registration system
instead of submitting them in physical
form. Digital copies of newspapers
received by the Office under this group
registration option will be offered to the
Library of Congress for use in its
collections, and the Library intends to
provide public access to these digital
files, subject to the restrictions set forth
in the final rule. Applicants may
continue to submit their issues on
SUMMARY:
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microfilm on a voluntary basis (in
addition to and at the same time as
submitting digital files) if the microfilm
is received by December 31, 2019. After
that date, the microfilm option will be
eliminated. The final rule clarifies that
each issue in the group must be a new
collective work and a work made for
hire, that the author and copyright
claimant for each issue must be the
same person or organization, and that
the claim must be received within three
months after the publication of the
earliest issue in the group. Finally, the
rule confirms that a group registration
covers each issue in the group, as well
as any contributions appearing within
each issue if they are fully owned by the
copyright claimant and if they were first
published in those issues.
DATES: Effective March 1, 2018.
FOR FURTHER INFORMATION CONTACT:
Robert J. Kasunic, Associate Register of
Copyrights and Director of Registration
Policy and Practice, or Erik Bertin,
Deputy Director of Registration Policy
and Practice, by telephone at 202–707–
8040, or by email at rkas@loc.gov and
ebertin@loc.gov; or Anna Bonny
Chauvet, Assistant General Counsel, by
telephone at 202–707–8350, or by email
at achau@loc.gov.
SUPPLEMENTARY INFORMATION: When
Congress enacted the Copyright Act of
1976 (the ‘‘Act’’), it authorized the
Register of Copyrights (the ‘‘Register’’)
to specify by regulation the
administrative classes of works for the
purpose of seeking a registration, and
the nature of the deposits required for
each such class. In addition, Congress
granted the Register the discretion to
allow groups of related works to be
registered with one application and one
filing fee. See 17 U.S.C. 408(c)(1).
Congress cited ‘‘the various editions or
issues of a daily newspaper’’ as a
specific example of a ‘‘group of related
works’’ that would be suitable for a
group registration. H.R. Rep. No. 94–
1476, at 154 (1976), reprinted in 1976
U.S.C.C.A.N. 5659, 5770; S. Rep. No.
94–473, at 136 (1975).
On November 6, 2017, the Copyright
Office (the ‘‘Office’’) published a notice
of proposed rulemaking (‘‘NPRM’’)
setting forth proposed amendments to
the current regulation governing the
group registration option for
newspapers. 82 FR 51369 (Nov. 6,
2017). The NPRM proposed modifying
the requirements for this group
registration option in several respects.
First, the proposed rule would make any
newspaper, as defined in the regulation,
eligible for a group registration,
regardless of whether the Library of
Congress (the ‘‘Library’’) has selected
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that newspaper for its collections.
Second, it would require applicants to
register their newspapers through the
Office’s electronic registration system in
lieu of using paper applications. Third,
it would amend the deposit
requirements by requiring applicants to
upload their newspapers in digital form
through the Office’s electronic
registration system. Applicants would
no longer be required to submit
microfilm containing a complete copy of
each issue (although they could submit
microfilm on a voluntary basis, in
addition to uploading digital copies) if
the microfilm is received by December
31, 2019, after which the microfilm
option would be eliminated. Fourth,
applicants would be required to submit
their claim within three months after
the date of publication for the earliest
issue in the group, rather than the most
recent issue. Fifth, the proposed rule
confirmed that deposits submitted for
the purpose of group registration would
satisfy the mandatory deposit
requirement under section 407. Sixth, it
confirmed that the Library may provide
limited access to any digital newspaper
deposits that it receives from the Office
under the group registration option,
subject to certain restrictions. Seventh,
the proposed rule codified the Office’s
longstanding position regarding the
scope of a registration for a group of
newspaper issues, namely, that a group
registration covers each issue in the
group, as well as the articles,
photographs, illustrations, or other
contributions appearing within each
issue—if they are fully owned by the
copyright claimant and if they were first
published in those issues. Finally, the
proposed rule would implement some
technical amendments to address
certain inconsistencies in the current
regulation.
In response to the NPRM, the Office
received comments from the News
Media Alliance (‘‘NMA’’),1 the
Copyright Alliance, and three
individuals.2 The NMA ‘‘strongly
supports the Copyright Office’s proposal
to broaden the eligibility and formatting
requirements for group registration of
newspapers and to permit the
submission of deposits in digital form
rather than on microfilm.’’ NMA
Comment at 3. The Copyright Alliance
endorsed NMA’s comments and ‘‘joins
in applauding the Copyright Office for
1 The
NMA is a nonprofit organization that
represents the interests of more than 2,000
newspapers in the United States and around the
world.
2 All of the comments submitted in response to
the NPRM can be found on the Copyright Office’s
website at https://www.copyright.gov/rulemaking/
group-newspapers/.
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its proposal permitting broader group
registration for newspapers and
accepting deposits in PDF format rather
than microfilm.’’ Copyright Alliance
Comment at 1. Of the individuals
submitting comments, one expressed
support for the proposed rule, one
provided non-substantive comments,
and one expressed concern about
charging a filing fee.3
Having reviewed and carefully
considered the comments, the Office
now issues a final rule that is almost
substantively identical to the proposed
rule.4 The NPRM stated that the Office
will allow applicants to submit
microfilm copies in addition to
uploading digital copies (if the
microfilm is received by December 31,
2019) in case publishers need time to
develop quality assurance testing to
ensure complete digital submissions.
For avoidance of doubt, the final rule
clarifies that microfilm copies may be
used to cure deficiencies in the digital
files at the Register’s discretion. The
final rule also clarifies that the
microfilm copies must be submitted at
the same time as the application, but the
effective date of registration for this
group option will be the date on which
the Office receives an acceptable
application, the digital files, and the
proper filing fee.
The NMA asked the Office to clarify
when the final rule will go into effect.
As stated above, the final rule takes
effect on March 1, 2018. Under the final
rule, applicants will be required to
submit their claims within three months
after the date of publication for the
earliest issue in the group. Thus, the
final rule may be used to register
newspaper issues published on or after
December 1, 2017, provided that the
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claim is received in a timely manner.5
Because applicants will be required to
include a full month of issues in each
claim, and because they will be required
to submit their claims within three
months after the publication of the
earliest issue in the group (rather than
the most recent issue), it makes sense
for the final rule to go into effect on the
first day of March 2018.
The NMA also asked the Office to
provide more information on what
publishers will be expected to do when
the final rule goes into effect. The Office
is developing several new resources in
response to this request. The Office will
prepare a video tutorial explaining how
to complete the application for the
group registration option for
newspapers, as well as revise the ‘‘help
text’’ within the application itself to
reflect the new registration
requirements. In addition, the Office
will update its various circulars
discussing the Office’s practices and
procedures for this group registration
option, and the Office intends to make
similar changes to the sections of the
Compendium of U.S. Copyright Office
Practices, Third Edition that discuss this
option.
List of Subjects
37 CFR Part 201
Copyright, General provisions.
37 CFR Part 202
Copyright, Preregistration and
registration of claims to copyright.
Final Regulations
For the reasons set forth in the
preamble, 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:
■
3 The
Office notes that the Copyright Act provides
that ‘‘[f]ees shall be paid to the Register of
Copyrights’’ when ‘‘filing each application . . . for
registration of a copyright claims.’’ 17 U.S.C. 708(a),
(a)(1) (emphasis added). The same individual also
stated that the regulatory definition of ‘‘newspaper’’
should be amended to include ‘‘electronic’’
publications, because they ‘‘have an important
presence in our society.’’ M. Ibarra Comment at 2.
As noted in the NPRM, the final rule may be used
to register a newspaper that is distributed in an
electronic format, such as a PDF version of a
physical publication. To do so, the publisher would
have to demonstrate that each issue contains a fixed
selection of content, each issue is distributed as a
collective work, and the content of each issue does
not change once it has been distributed to the
public. 82 FR at 51373. To the extent the
commenter is referring to newspaper websites, the
Office reiterates that a website would not be
considered a ‘‘newspaper’’ for purposes of this
group registration option, for the reasons stated in
the NPRM. See id.
4 A few technical changes have been made to
account for recent amendments resulting from other
rulemakings. See, e.g., 82 FR 29410 (Nov. 13, 2017).
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Authority: 17 U.S.C. 702.
2. In § 201.1, add a sentence at the end
of paragraph (c)(6) to read as follows:
■
§ 201.1
Office.
Communication with the Copyright
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(c) * * *
(6) * * * Newspaper publishers that
submit microfilm under § 202.4(e) of
this chapter should mail their
5 Issues published in October 2017 and November
2017 may be registered under the regulation
currently set forth in § 202.3(b)(7), provided that the
claim is received within three months after the date
of publication for the most recent issue in the
group. Issues published before October 1, 2017 are
no longer eligible for the group registration option,
and thus, would have to be registered on an
individual basis. See 37 CFR 202.3(b)(7)(i)(F).
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submissions to: Library of Congress,
U.S. Copyright Office, Attn: 407
Deposits, 101 Independence Avenue SE,
Washington, DC 20559.
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■ 3. In § 201.3, revise paragraph (c)(7) to
read as follows:
§ 201.3 Fees for registration, recordation,
and related services, special services, and
services performed by the Licensing
Division.
*
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(c) * * *
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(7) Registration of a claim in a
group of newspapers or a
group of newsletters ................
*
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80
*
PART 202—PREREGISTRATION AND
REGISTRATION OF CLAIMS TO
COPYRIGHT
4. The authority citation for part 202
continues to read as follows:
■
Authority: 17 U.S.C. 408(f), 702.
§ 202.3
[Amended]
5. Amend § 202.3 in (b)(1)(v) by
removing ‘‘periodicals; newspapers;’’
and adding in its place ‘‘periodicals
(including newspapers);’’ and by
removing and reserving paragraph
(b)(7).
■ 6. Amend § 202.4 as follows:
■ a. Revise paragraph (b).
■ b. Add paragraph (e).
■ c. Amend paragraph (g)(4) by
removing the second and third
sentences.
■ d. Revise paragraph (n).
The revisions and addition read as
follows:
■
§ 202.4
Group registration.
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(b) Definitions. (1) For purposes of
this section, unless otherwise specified,
the terms used have the meanings set
forth in §§ 202.3, 202.13, and 202.20.
(2) For purposes of this section, the
term Library means the Library of
Congress.
(3) For purposes of this section, a
periodical is a collective work that is
issued or intended to be issued on an
established schedule in successive
issues that are intended to be continued
indefinitely. In most cases, each issue
will bear the same title, as well as
numerical or chronological
designations.
*
*
*
*
*
(e) Group registration of newspapers.
Pursuant to the authority granted by 17
U.S.C. 408(c)(1), the Register of
Copyrights has determined that a group
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of newspaper issues may be registered
with one application, the required
deposit, and the filing fee required by
§ 201.3(c) of this chapter, if the
following conditions are met:
(1) Issues must be newspapers. All the
issues in the group must be newspapers.
For purposes of this section, a
newspaper is a periodical (as defined in
paragraph (b)(3) of this section) that is
mainly designed to be a primary source
of written information on current
events, either local, national, or
international in scope. A newspaper
contains a broad range of news on all
subjects and activities and is not limited
to any specific subject matter.
Newspapers are intended either for the
general public or for a particular ethnic,
cultural, or national group.
(2) Requirements for newspaper
issues. Each issue in the group must be
an all-new collective work that has not
been previously published (except
where earlier editions of the same
newspaper are included in the deposit
together with the final edition), each
issue must be fixed and distributed as
a discrete, self-contained collective
work, and the claim in each issue must
be limited to the collective work.
(3) Author and claimant. Each issue
in the group must be a work made for
hire, and the author and claimant for
each issue must be the same person or
organization.
(4) Time period covered. All the
issues in the group must be published
under the same continuing title, and
they must be published within the same
calendar month and bear issue dates
within that month. The applicant must
identify the earliest and latest date that
the issues were published.
(5) Application. The applicant must
complete and submit the online
application designated for a group of
newspaper issues. The application may
be submitted by any of the parties listed
in § 202.3(c)(1).
(6) Deposit. (i) The applicant must
submit one complete copy of the final
edition of each issue published in the
calendar month designated in the
application. Each submission may also
include earlier editions of the same
newspaper issue, provided that they
were published on the same date as the
final edition. Each submission may also
include local editions of the newspaper
issue that were published within the
same metropolitan area, but may not
include national or regional editions
that were distributed outside that
metropolitan area.
(ii)(A) The issues must be submitted
in a digital form, and each issue must
be contained in a separate electronic
file. The applicant must use the file-
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naming convention and submit digital
files in accordance with instructions
specified on the Copyright Office’s
website. The files must be submitted in
Portable Document Format (PDF), they
must be assembled in an orderly form,
and they must be uploaded to the
electronic registration system as
individual electronic files (i.e., not .zip
files). The files must be viewable and
searchable, contain embedded fonts,
and be free from any access restrictions
(such as those implemented through
Digital Rights Management (DRM)). The
file size for each uploaded file must not
exceed 500 megabytes, but files may be
compressed to comply with this
requirement.
(B) Until December 31, 2019, the
applicant may also submit the complete
issues on positive 35mm silver halide
microfilm at the same time as the
application, in addition to providing
electronic copies of the newspaper
issues pursuant to paragraph (e)(6)(ii)(A)
of this section. The issues should be
arranged on the microfilm in
chronological order, and should be sent
to: Library of Congress, U.S. Copyright
Office, Attn: 407 Deposits, 101
Independence Avenue SE, Washington,
DC 20559. Should the applicant submit
microfilm copies in addition to
electronic files under paragraph
(e)(6)(ii)(A) of this section, the effective
date of registration for a group
registration under paragraph (e) of this
section will be the date on which the
Office received an acceptable
application, the electronic files
submitted under paragraph (e)(6)(ii)(A),
and the proper filing fee. If the
electronic files submitted under
paragraph (e)(6)(ii)(A) are deficient and
the applicant also submits microfilm
copies, the Register shall have
discretion in determining whether the
microfilm copies may be used to cure
deficiencies in the electronic files (e.g.,
an electronic file is missing some pages
from one newspaper issue, but the
microfilm contains a complete version
of each issue in the group). In cases
where the Register determines that
microfilm copies can be used to cure
deficiencies in the electronic files
submitted under paragraph (e)(6)(ii)(A),
the effective date of registration for a
group registration under paragraph (e) of
this section will be the date on which
the Office received an acceptable
application, the electronic files
submitted under paragraph (e)(6)(ii)(A),
and the proper filing fee.
(7) The application, the filing fee, and
files specified in paragraph (e)(6)(ii)(A)
of this section must be received by the
Copyright Office within three months
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after the date of publication for the
earliest issue in the group.
*
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*
(n) The scope of a group registration.
When the Office issues a group
registration under paragraph (e) of this
section, the registration covers each
issue in the group and each issue is
registered as a separate collective work.
When the Office issues a group
registration under paragraph (g), (h), (i),
or (k) of this section, the registration
covers each work in the group and each
work is registered as a separate work.
For purposes of registration, the group
as a whole is not considered a
compilation, a collective work, or a
derivative work under section 101,
103(b), or 504(c)(1) of title 17 of the
United States Code.
■ 7. Add § 202.18 to read as follows:
§ 202.18
Access to electronic works.
§ 202.19 Deposit of published copies or
phonorecords for the Library of Congress.
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(d) * * *
(2) * * *
(ix) In the case of published
newspapers, a deposit submitted
pursuant to and in compliance with the
group registration option under
§ 202.4(e) shall be deemed to satisfy the
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Dated: January 10, 2018.
Karyn Temple Claggett,
Acting Register of Copyrights and Director
of the U.S. Copyright Office.
Approved by:
Carla D. Hayden,
Librarian of Congress.
[FR Doc. 2018–01838 Filed 1–29–18; 8:45 am]
BILLING CODE 1410–30–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Part 424
[CMS–6059–N8]
(a) Access to electronic works
received under § 202.4(e) will be
available only to authorized users at
Library of Congress premises in
accordance with the policies listed
below. Library staff may access such
content off-site as part of their assigned
duties via a secure connection.
(b) Access to each individual
electronic work received under
§ 202.4(e) will be limited, at any one
time, to two Library of Congress
authorized users via a secure server over
a secure network that serves Library of
Congress premises.
(c) The Library of Congress will not
make electronic works received under
§ 202.4(e) available to the public over
the internet without rightsholders’
permissions.
(d) ‘‘Authorized user’’ means Library
of Congress staff, contractors, and
registered researchers, and Members,
staff and officers of the U.S. House of
Representatives and the U.S. Senate for
the purposes of this section.
(e) ‘‘Library of Congress premises’’
means all Library of Congress premises
in Washington, DC, and the Library of
Congress Packard Campus for Audio–
Visual Conservation in Culpeper, VA.
■ 8. In § 202.19, revise paragraph
(d)(2)(ix) to read as follows:
*
mandatory deposit obligation under this
section.
*
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Medicare, Medicaid, and Children’s
Health Insurance Programs:
Announcement of the Extension of
Temporary Moratoria on Enrollment of
Part B Non-Emergency Ground
Ambulance Suppliers and Home Health
Agencies in Designated Geographic
Locations
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Extension of temporary
moratoria.
AGENCY:
This document announces the
extension of statewide temporary
moratoria on the enrollment of new
Medicare Part B non-emergency ground
ambulance providers and suppliers and
Medicare home health agencies,
subunits, and branch locations in
Florida, Illinois, Michigan, Texas,
Pennsylvania, and New Jersey, as
applicable, to prevent and combat fraud,
waste, and abuse. This extension also
applies to the enrollment of new nonemergency ground ambulance suppliers
and home health agencies, subunits, and
branch locations in Medicaid and the
Children’s Health Insurance Program in
those states. For purposes of these
moratoria, providers that were
participating as network providers in
one or more Medicaid managed care
organizations prior to January 1, 2018
will not be considered ‘‘newly
enrolling’’ when they are required to
enroll with the State Medicaid agency
pursuant to a new statutory
requirement, and thus will not be
subject to the moratoria.
DATES: Applicable January 29, 2018.
FOR FURTHER INFORMATION CONTACT: Jung
Kim, (410) 786–9370.
SUMMARY:
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4147
News media representatives must
contact CMS’ Public Affairs Office at
(202) 690–6145 or email them at press@
cms.hhs.gov.
SUPPLEMENTARY INFORMATION:
I. Background
A. CMS’ Implementation of Temporary
Enrollment Moratoria
The Social Security Act (the Act)
provides the Secretary with tools and
resources to combat fraud, waste, and
abuse in Medicare, Medicaid, and the
Children’s Health Insurance Program
(CHIP). In particular, section 1866(j)(7)
of the Act provides the Secretary with
authority to impose a temporary
moratorium on the enrollment of new
Medicare, Medicaid, or CHIP providers
and suppliers, including categories of
providers and suppliers, if the Secretary
determines a moratorium is necessary to
prevent or combat fraud, waste, or abuse
under these programs. Regarding
Medicaid, section 1902(kk)(4) of the Act
requires States to comply with any
moratorium imposed by the Secretary
unless the State determines that the
imposition of such moratorium would
adversely impact Medicaid
beneficiaries’ access to care. In addition,
section 2107(e)(1)(F) of the Act provides
that the Medicaid provision in section
1902(kk) of the Act is also applicable to
CHIP.
In the February 2, 2011 Federal
Register (76 FR 5862), CMS published a
final rule with comment period titled,
‘‘Medicare, Medicaid, and Children’s
Health Insurance Programs; Additional
Screening Requirements, Application
Fees, Temporary Enrollment Moratoria,
Payment Suspensions and Compliance
Plans for Providers and Suppliers,’’
which implemented section 1866(j)(7) of
the Act by establishing new regulations
at 42 CFR 424.570. Under
§ 424.570(a)(2)(i) and (iv), CMS, or CMS
in consultation with the Department of
Health and Human Services’ Office of
Inspector General (HHS OIG) or the
Department of Justice (DOJ), or both,
may impose a temporary moratorium on
newly enrolling Medicare providers and
suppliers if CMS determines that there
is a significant potential for fraud,
waste, or abuse with respect to a
particular provider or supplier type, or
particular geographic locations, or both.
At § 424.570(a)(1)(ii), CMS stated that it
would announce any temporary
moratorium in a Federal Register
document that includes the rationale for
the imposition of such moratorium. This
document fulfills that requirement.
In accordance with section
1866(j)(7)(B) of the Act, there is no
judicial review under sections 1869 and
E:\FR\FM\30JAR1.SGM
30JAR1
]]>Agencies
[Federal Register Volume 83, Number 20 (Tuesday, January 30, 2018)]
[Rules and Regulations]
[Pages 4144-4147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01838]
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LIBRARY OF CONGRESS
Copyright Office
37 CFR Parts 201 and 202
[Docket No. 2017-16]
Group Registration of Newspapers
AGENCY: U.S. Copyright Office, Library of Congress.
ACTION: Final rule.
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SUMMARY: The U.S. Copyright Office is amending its regulation governing
the group registration option for newspapers. The final rule will make
a number of changes to reflect current Office practices, improve the
efficiency of the registration process, and encourage broader
participation in the registration system by reducing the burden on
applicants. Specifically, the final rule revises the definition of
``newspaper issues'' and clarifies that the group registration option
may be used to register any qualifying ``newspaper issue.'' The final
rule will also require applicants to file an online application rather
than a paper application, and upload a complete digital copy of each
issue through the Office's electronic registration system instead of
submitting them in physical form. Digital copies of newspapers received
by the Office under this group registration option will be offered to
the Library of Congress for use in its collections, and the Library
intends to provide public access to these digital files, subject to the
restrictions set forth in the final rule. Applicants may continue to
submit their issues on microfilm on a voluntary basis (in addition to
and at the same time as submitting digital files) if the microfilm is
received by December 31, 2019. After that date, the microfilm option
will be eliminated. The final rule clarifies that each issue in the
group must be a new collective work and a work made for hire, that the
author and copyright claimant for each issue must be the same person or
organization, and that the claim must be received within three months
after the publication of the earliest issue in the group. Finally, the
rule confirms that a group registration covers each issue in the group,
as well as any contributions appearing within each issue if they are
fully owned by the copyright claimant and if they were first published
in those issues.
DATES: Effective March 1, 2018.
FOR FURTHER INFORMATION CONTACT: Robert J. Kasunic, Associate Register
of Copyrights and Director of Registration Policy and Practice, or Erik
Bertin, Deputy Director of Registration Policy and Practice, by
telephone at 202-707-8040, or by email at [email protected] and
[email protected]; or Anna Bonny Chauvet, Assistant General Counsel, by
telephone at 202-707-8350, or by email at [email protected].
SUPPLEMENTARY INFORMATION: When Congress enacted the Copyright Act of
1976 (the ``Act''), it authorized the Register of Copyrights (the
``Register'') to specify by regulation the administrative classes of
works for the purpose of seeking a registration, and the nature of the
deposits required for each such class. In addition, Congress granted
the Register the discretion to allow groups of related works to be
registered with one application and one filing fee. See 17 U.S.C.
408(c)(1). Congress cited ``the various editions or issues of a daily
newspaper'' as a specific example of a ``group of related works'' that
would be suitable for a group registration. H.R. Rep. No. 94-1476, at
154 (1976), reprinted in 1976 U.S.C.C.A.N. 5659, 5770; S. Rep. No. 94-
473, at 136 (1975).
On November 6, 2017, the Copyright Office (the ``Office'')
published a notice of proposed rulemaking (``NPRM'') setting forth
proposed amendments to the current regulation governing the group
registration option for newspapers. 82 FR 51369 (Nov. 6, 2017). The
NPRM proposed modifying the requirements for this group registration
option in several respects. First, the proposed rule would make any
newspaper, as defined in the regulation, eligible for a group
registration, regardless of whether the Library of Congress (the
``Library'') has selected
[[Page 4145]]
that newspaper for its collections. Second, it would require applicants
to register their newspapers through the Office's electronic
registration system in lieu of using paper applications. Third, it
would amend the deposit requirements by requiring applicants to upload
their newspapers in digital form through the Office's electronic
registration system. Applicants would no longer be required to submit
microfilm containing a complete copy of each issue (although they could
submit microfilm on a voluntary basis, in addition to uploading digital
copies) if the microfilm is received by December 31, 2019, after which
the microfilm option would be eliminated. Fourth, applicants would be
required to submit their claim within three months after the date of
publication for the earliest issue in the group, rather than the most
recent issue. Fifth, the proposed rule confirmed that deposits
submitted for the purpose of group registration would satisfy the
mandatory deposit requirement under section 407. Sixth, it confirmed
that the Library may provide limited access to any digital newspaper
deposits that it receives from the Office under the group registration
option, subject to certain restrictions. Seventh, the proposed rule
codified the Office's longstanding position regarding the scope of a
registration for a group of newspaper issues, namely, that a group
registration covers each issue in the group, as well as the articles,
photographs, illustrations, or other contributions appearing within
each issue--if they are fully owned by the copyright claimant and if
they were first published in those issues. Finally, the proposed rule
would implement some technical amendments to address certain
inconsistencies in the current regulation.
In response to the NPRM, the Office received comments from the News
Media Alliance (``NMA''),\1\ the Copyright Alliance, and three
individuals.\2\ The NMA ``strongly supports the Copyright Office's
proposal to broaden the eligibility and formatting requirements for
group registration of newspapers and to permit the submission of
deposits in digital form rather than on microfilm.'' NMA Comment at 3.
The Copyright Alliance endorsed NMA's comments and ``joins in
applauding the Copyright Office for its proposal permitting broader
group registration for newspapers and accepting deposits in PDF format
rather than microfilm.'' Copyright Alliance Comment at 1. Of the
individuals submitting comments, one expressed support for the proposed
rule, one provided non-substantive comments, and one expressed concern
about charging a filing fee.\3\
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\1\ The NMA is a nonprofit organization that represents the
interests of more than 2,000 newspapers in the United States and
around the world.
\2\ All of the comments submitted in response to the NPRM can be
found on the Copyright Office's website at https://www.copyright.gov/rulemaking/group-newspapers/.
\3\ The Office notes that the Copyright Act provides that
``[f]ees shall be paid to the Register of Copyrights'' when ``filing
each application . . . for registration of a copyright claims.'' 17
U.S.C. 708(a), (a)(1) (emphasis added). The same individual also
stated that the regulatory definition of ``newspaper'' should be
amended to include ``electronic'' publications, because they ``have
an important presence in our society.'' M. Ibarra Comment at 2. As
noted in the NPRM, the final rule may be used to register a
newspaper that is distributed in an electronic format, such as a PDF
version of a physical publication. To do so, the publisher would
have to demonstrate that each issue contains a fixed selection of
content, each issue is distributed as a collective work, and the
content of each issue does not change once it has been distributed
to the public. 82 FR at 51373. To the extent the commenter is
referring to newspaper websites, the Office reiterates that a
website would not be considered a ``newspaper'' for purposes of this
group registration option, for the reasons stated in the NPRM. See
id.
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Having reviewed and carefully considered the comments, the Office
now issues a final rule that is almost substantively identical to the
proposed rule.\4\ The NPRM stated that the Office will allow applicants
to submit microfilm copies in addition to uploading digital copies (if
the microfilm is received by December 31, 2019) in case publishers need
time to develop quality assurance testing to ensure complete digital
submissions. For avoidance of doubt, the final rule clarifies that
microfilm copies may be used to cure deficiencies in the digital files
at the Register's discretion. The final rule also clarifies that the
microfilm copies must be submitted at the same time as the application,
but the effective date of registration for this group option will be
the date on which the Office receives an acceptable application, the
digital files, and the proper filing fee.
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\4\ A few technical changes have been made to account for recent
amendments resulting from other rulemakings. See, e.g., 82 FR 29410
(Nov. 13, 2017).
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The NMA asked the Office to clarify when the final rule will go
into effect. As stated above, the final rule takes effect on March 1,
2018. Under the final rule, applicants will be required to submit their
claims within three months after the date of publication for the
earliest issue in the group. Thus, the final rule may be used to
register newspaper issues published on or after December 1, 2017,
provided that the claim is received in a timely manner.\5\ Because
applicants will be required to include a full month of issues in each
claim, and because they will be required to submit their claims within
three months after the publication of the earliest issue in the group
(rather than the most recent issue), it makes sense for the final rule
to go into effect on the first day of March 2018.
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\5\ Issues published in October 2017 and November 2017 may be
registered under the regulation currently set forth in Sec.
202.3(b)(7), provided that the claim is received within three months
after the date of publication for the most recent issue in the
group. Issues published before October 1, 2017 are no longer
eligible for the group registration option, and thus, would have to
be registered on an individual basis. See 37 CFR 202.3(b)(7)(i)(F).
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The NMA also asked the Office to provide more information on what
publishers will be expected to do when the final rule goes into effect.
The Office is developing several new resources in response to this
request. The Office will prepare a video tutorial explaining how to
complete the application for the group registration option for
newspapers, as well as revise the ``help text'' within the application
itself to reflect the new registration requirements. In addition, the
Office will update its various circulars discussing the Office's
practices and procedures for this group registration option, and the
Office intends to make similar changes to the sections of the
Compendium of U.S. Copyright Office Practices, Third Edition that
discuss this option.
List of Subjects
37 CFR Part 201
Copyright, General provisions.
37 CFR Part 202
Copyright, Preregistration and registration of claims to copyright.
Final Regulations
For the reasons set forth in the preamble, 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.
0
2. In Sec. 201.1, add a sentence at the end of paragraph (c)(6) to
read as follows:
Sec. 201.1 Communication with the Copyright Office.
* * * * *
(c) * * *
(6) * * * Newspaper publishers that submit microfilm under Sec.
202.4(e) of this chapter should mail their
[[Page 4146]]
submissions to: Library of Congress, U.S. Copyright Office, Attn: 407
Deposits, 101 Independence Avenue SE, Washington, DC 20559.
* * * * *
0
3. In Sec. 201.3, revise paragraph (c)(7) to read as follows:
Sec. 201.3 Fees for registration, recordation, and related services,
special services, and services performed by the Licensing Division.
* * * * *
(c) * * *
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(7) Registration of a claim in a group of newspapers or a 80
group of newsletters........................................
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* * * * *
PART 202--PREREGISTRATION AND REGISTRATION OF CLAIMS TO COPYRIGHT
0
4. The authority citation for part 202 continues to read as follows:
Authority: 17 U.S.C. 408(f), 702.
Sec. 202.3 [Amended]
0
5. Amend Sec. 202.3 in (b)(1)(v) by removing ``periodicals;
newspapers;'' and adding in its place ``periodicals (including
newspapers);'' and by removing and reserving paragraph (b)(7).
0
6. Amend Sec. 202.4 as follows:
0
a. Revise paragraph (b).
0
b. Add paragraph (e).
0
c. Amend paragraph (g)(4) by removing the second and third sentences.
0
d. Revise paragraph (n).
The revisions and addition read as follows:
Sec. 202.4 Group registration.
* * * * *
(b) Definitions. (1) For purposes of this section, unless otherwise
specified, the terms used have the meanings set forth in Sec. Sec.
202.3, 202.13, and 202.20.
(2) For purposes of this section, the term Library means the
Library of Congress.
(3) For purposes of this section, a periodical is a collective work
that is issued or intended to be issued on an established schedule in
successive issues that are intended to be continued indefinitely. In
most cases, each issue will bear the same title, as well as numerical
or chronological designations.
* * * * *
(e) Group registration of newspapers. Pursuant to the authority
granted by 17 U.S.C. 408(c)(1), the Register of Copyrights has
determined that a group of newspaper issues may be registered with one
application, the required deposit, and the filing fee required by Sec.
201.3(c) of this chapter, if the following conditions are met:
(1) Issues must be newspapers. All the issues in the group must be
newspapers. For purposes of this section, a newspaper is a periodical
(as defined in paragraph (b)(3) of this section) that is mainly
designed to be a primary source of written information on current
events, either local, national, or international in scope. A newspaper
contains a broad range of news on all subjects and activities and is
not limited to any specific subject matter. Newspapers are intended
either for the general public or for a particular ethnic, cultural, or
national group.
(2) Requirements for newspaper issues. Each issue in the group must
be an all-new collective work that has not been previously published
(except where earlier editions of the same newspaper are included in
the deposit together with the final edition), each issue must be fixed
and distributed as a discrete, self-contained collective work, and the
claim in each issue must be limited to the collective work.
(3) Author and claimant. Each issue in the group must be a work
made for hire, and the author and claimant for each issue must be the
same person or organization.
(4) Time period covered. All the issues in the group must be
published under the same continuing title, and they must be published
within the same calendar month and bear issue dates within that month.
The applicant must identify the earliest and latest date that the
issues were published.
(5) Application. The applicant must complete and submit the online
application designated for a group of newspaper issues. The application
may be submitted by any of the parties listed in Sec. 202.3(c)(1).
(6) Deposit. (i) The applicant must submit one complete copy of the
final edition of each issue published in the calendar month designated
in the application. Each submission may also include earlier editions
of the same newspaper issue, provided that they were published on the
same date as the final edition. Each submission may also include local
editions of the newspaper issue that were published within the same
metropolitan area, but may not include national or regional editions
that were distributed outside that metropolitan area.
(ii)(A) The issues must be submitted in a digital form, and each
issue must be contained in a separate electronic file. The applicant
must use the file-naming convention and submit digital files in
accordance with instructions specified on the Copyright Office's
website. The files must be submitted in Portable Document Format (PDF),
they must be assembled in an orderly form, and they must be uploaded to
the electronic registration system as individual electronic files
(i.e., not .zip files). The files must be viewable and searchable,
contain embedded fonts, and be free from any access restrictions (such
as those implemented through Digital Rights Management (DRM)). The file
size for each uploaded file must not exceed 500 megabytes, but files
may be compressed to comply with this requirement.
(B) Until December 31, 2019, the applicant may also submit the
complete issues on positive 35mm silver halide microfilm at the same
time as the application, in addition to providing electronic copies of
the newspaper issues pursuant to paragraph (e)(6)(ii)(A) of this
section. The issues should be arranged on the microfilm in
chronological order, and should be sent to: Library of Congress, U.S.
Copyright Office, Attn: 407 Deposits, 101 Independence Avenue SE,
Washington, DC 20559. Should the applicant submit microfilm copies in
addition to electronic files under paragraph (e)(6)(ii)(A) of this
section, the effective date of registration for a group registration
under paragraph (e) of this section will be the date on which the
Office received an acceptable application, the electronic files
submitted under paragraph (e)(6)(ii)(A), and the proper filing fee. If
the electronic files submitted under paragraph (e)(6)(ii)(A) are
deficient and the applicant also submits microfilm copies, the Register
shall have discretion in determining whether the microfilm copies may
be used to cure deficiencies in the electronic files (e.g., an
electronic file is missing some pages from one newspaper issue, but the
microfilm contains a complete version of each issue in the group). In
cases where the Register determines that microfilm copies can be used
to cure deficiencies in the electronic files submitted under paragraph
(e)(6)(ii)(A), the effective date of registration for a group
registration under paragraph (e) of this section will be the date on
which the Office received an acceptable application, the electronic
files submitted under paragraph (e)(6)(ii)(A), and the proper filing
fee.
(7) The application, the filing fee, and files specified in
paragraph (e)(6)(ii)(A) of this section must be received by the
Copyright Office within three months
[[Page 4147]]
after the date of publication for the earliest issue in the group.
* * * * *
(n) The scope of a group registration. When the Office issues a
group registration under paragraph (e) of this section, the
registration covers each issue in the group and each issue is
registered as a separate collective work. When the Office issues a
group registration under paragraph (g), (h), (i), or (k) of this
section, the registration covers each work in the group and each work
is registered as a separate work. For purposes of registration, the
group as a whole is not considered a compilation, a collective work, or
a derivative work under section 101, 103(b), or 504(c)(1) of title 17
of the United States Code.
0
7. Add Sec. 202.18 to read as follows:
Sec. 202.18 Access to electronic works.
(a) Access to electronic works received under Sec. 202.4(e) will
be available only to authorized users at Library of Congress premises
in accordance with the policies listed below. Library staff may access
such content off-site as part of their assigned duties via a secure
connection.
(b) Access to each individual electronic work received under Sec.
202.4(e) will be limited, at any one time, to two Library of Congress
authorized users via a secure server over a secure network that serves
Library of Congress premises.
(c) The Library of Congress will not make electronic works received
under Sec. 202.4(e) available to the public over the internet without
rightsholders' permissions.
(d) ``Authorized user'' means Library of Congress staff,
contractors, and registered researchers, and Members, staff and
officers of the U.S. House of Representatives and the U.S. Senate for
the purposes of this section.
(e) ``Library of Congress premises'' means all Library of Congress
premises in Washington, DC, and the Library of Congress Packard Campus
for Audio-Visual Conservation in Culpeper, VA.
0
8. In Sec. 202.19, revise paragraph (d)(2)(ix) to read as follows:
Sec. 202.19 Deposit of published copies or phonorecords for the
Library of Congress.
* * * * *
(d) * * *
(2) * * *
(ix) In the case of published newspapers, a deposit submitted
pursuant to and in compliance with the group registration option under
Sec. 202.4(e) shall be deemed to satisfy the mandatory deposit
obligation under this section.
* * * * *
Dated: January 10, 2018.
Karyn Temple Claggett,
Acting Register of Copyrights and Director of the U.S. Copyright
Office.
Approved by:
Carla D. Hayden,
Librarian of Congress.
[FR Doc. 2018-01838 Filed 1-29-18; 8:45 am]
BILLING CODE 1410-30-P
