Streamlining the Single Application and Clarifying Eligibility Requirements, 5227-5231 [2018-02204]

Download as PDF Federal Register / Vol. 83, No. 25 / Tuesday, February 6, 2018 / Proposed Rules We accept anonymous comments. All comments received will be posted without change to http://www. regulations.gov and will include any personal information you have provided. For more about privacy and the docket, visit http://www.regulations. gov/privacyNotice. Documents mentioned in this NPRM as being available in the docket, and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website’s instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and record keeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR parts 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: ■ Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 0170.1. ■ Dated: January 22, 2018. Thomas J. Stuhlreyer, Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan. [FR Doc. 2018–02322 Filed 2–5–18; 8:45 am] BILLING CODE 9110–04–P 2. Add § 165.932 to read as follows: § 165.932 Safety Zone; Ohio Street Beach Swim Course, Lake Michigan, Chicago Harbor, Chicago, IL. daltland on DSKBBV9HB2PROD with PROPOSALS media, distribution in leaflet form, and on-scene oral notice. (c) Regulations. (1) In accordance with the general regulations in § 165.23 of this part, entry into, transiting, or anchoring within this safety zone is prohibited unless authorized by the Captain of the Port, Lake Michigan or a designated on-scene representative. (2) This safety zone is closed to all vessel traffic, except as may be permitted by the Captain of the Port, Lake Michigan or a designated on-scene representative. (3) The ‘‘on-scene representative’’ of the Captain of the Port, Lake Michigan is any Coast Guard commissioned, warrant or petty officer who has been designated by the Captain of the Port, Lake Michigan to act on his or her behalf. (4) Vessel operators desiring to enter or operate within the safety zone shall contact the Captain of the Port, Lake Michigan or an on-scene representative to obtain permission to do so. The Captain of the Port, Lake Michigan or an on-scene representative may be contacted via VHF Channel 16 or at (414) 747–7182. (a) Location. All U.S. navigable waters of Lake Michigan bound by a line drawn from 41°53.7767′ N, 087°36.48′ W then North to 41°53.9517′ N, 087°36.505′ W then Northwest to 41°54.1533′ N, 087°36.6933′ W then Southwest to 41°54.065′ N, 087°37.1517′ W then Southeast to 41°53.6033′ N, 087°36.8333′ W then East to 41°53.6317′ N, 087°36.7017′ W and then along the shoreline back to the point of origin (NAD83). (b) Enforcement Period. The safety zone established by this section will be enforced only upon notice by the Captain of the Port, Lake Michigan. The Captain of the Port, Lake Michigan will publish notices of enforcement in accordance with § 165.7(a) and in a manner that provides as much notice as possible. The primary method of notification will be through publication to the Federal Register. The Captain of the Port, Lake Michigan, may also provide notice through other means, such as Broadcast Notice to Mariners, Local Notice to Mariners, local news VerDate Sep<11>2014 18:26 Feb 05, 2018 Jkt 244001 LIBRARY OF CONGRESS Copyright Office 37 CFR Parts 201, 202, 211, 212 [Docket No. 2018–1] Streamlining the Single Application and Clarifying Eligibility Requirements U.S. Copyright Office, Library of Congress. ACTION: Notice of proposed rulemaking. AGENCY: On December 16, 2017, the U.S. Copyright Office released a new version of the Single Application, an online registration option that allows a single author to register a claim in one work that is solely owned by the same author and is not a work made for hire. The new Single Application includes enhanced features that should improve the user experience, increase the efficiency of the examination, and reduce the correspondence rate for these types of claims. To coincide with these technical upgrades, the Office is now proposing to amend its regulations to clarify the eligibility requirements for SUMMARY: PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 5227 the Single Application, and codify certain practices set forth in the Compendium of U.S. Copyright Office Practices, Third Edition. In addition, the proposed rule confirms that the Single Application may be used to register one sound recording and one musical work, literary work, or dramatic work— notwithstanding the fact that a sound recording and the work embodied in that recording are separate works. The proposed rule will also clarify the eligibility requirements for the Office’s Standard Application, which is used to register certain works that are ineligible for the Single Application, such as works with more than one owner. In addition, the proposed rule will eliminate the ‘‘short form’’ version of the Office’s paper applications, and make technical amendments to the regulations governing preregistration, architectural works, mask works, vessel designs, the unit of publication registration option, and the group registration option for database updates. The proposed rule will also allow for paper applications to be certified with a typed or printed signature by removing the requirement that the certification must include a ‘‘handwritten’’ signature of the certifying party. DATES: Comments on the proposed rule must be made in writing and must be received in the U.S. Copyright Office no later than March 8, 2018. ADDRESSES: For reasons of government efficiency, the Copyright Office is using the regulations.gov system for the submission and posting of public comments in this proceeding. All comments are therefore to be submitted electronically through regulations.gov. Specific instructions for submitting comments are available on the Copyright Office website at https:// www.copyright.gov/rulemaking/ streamlining-single. If electronic submission of comments is not feasible due to lack of access to a computer and/ or the internet, please contact the Office using the contact information below for special instructions. FOR FURTHER INFORMATION CONTACT: Robert J. Kasunic, Associate Register of Copyrights and Director of Registration Policy and Practice; Erik Bertin, Deputy Director of Registration Policy and Practice; or Anna Chauvet, Assistant General Counsel, by telephone at 202– 707–8040 or by email at rkas@loc.gov, ebertin@loc.gov, or achau@loc.gov. SUPPLEMENTARY INFORMATION: A. Background In 2013, the Office issued an interim rule that established a new registration option known as the ‘‘Single E:\FR\FM\06FEP1.SGM 06FEP1 5228 Federal Register / Vol. 83, No. 25 / Tuesday, February 6, 2018 / Proposed Rules daltland on DSKBBV9HB2PROD with PROPOSALS Application.’’ This application was designed ‘‘for those authors who file the simplest kind of [claim].’’ 78 FR 38843, 38845 (June 28, 2013). The purpose of the Single Application was to ‘‘encourage more individual creators to register their works’’ and to ‘‘foster the development of a more robust public record.’’ Id. at 38844, 38845. Specifically, the Single Application may be used to register ‘‘a single work by a single author that is owned by the person who created it.’’ 37 CFR 202.3(b)(2)(i)(B). The application must be submitted ‘‘electronically’’ through the Office’s website, and ‘‘[t]he claimant and the author must be the same.’’ Id. §§ 202.3(b)(2)(i)(A), (B). Certain types of works are not eligible for the Single Application option, as they create a more complex application that takes additional time to examine. For example, the Single Application cannot be used to register ‘‘works by more than one author,’’ ‘‘works with more than one owner,’’ collective works, unpublished collections, units of publication, databases, or websites. Id. § 202.3(b)(2)(i)(B). Instead, an applicant must submit the Office’s ‘‘Standard Application’’ through the Office’s electronic registration system, or a paper application submitted on Forms PA, SR, TX, VA, or SE to register these types of works.1 Although the Office intended for the Single Application to be ‘‘administratively simple’’ to process, 78 FR at 38843, in practice, claims submitted on the Single Application often require more correspondence than other filings. For example, mistakenly using the Single Application for works co-created or co-owned by two or more people is one of the most common reasons that the Office must correspond with applicants. This unexpected administrative burden on the Office appears to stem from the manner in which its electronic registration system used to direct applicants to either the Single Application or Standard Application. On December 16, 2017, the Office released a new and improved version of the Single Application to address these 1 In 2014, the Office announced that the term ‘‘single’’ would be used to identify ‘‘the newly introduced single author/single work offering,’’ and the term ‘‘standard’’ would be used to identify the ‘‘standard’’ version of the online application, as well as the Office’s printed forms. 79 FR 15910, 15911 n.10 (Mar. 24, 2014). In practice, however, the Office uses the term ‘‘standard’’ only when referring to the online application. When referring to its printed forms, the Office uses the term ‘‘paper application’’ or the specific name for each form, such as ‘‘Form PA’’ or ‘‘Form SR.’’ The proposed rule updates the regulation to reflect the current terminology. VerDate Sep<11>2014 18:26 Feb 05, 2018 Jkt 244001 issues. Applicants must now affirmatively select a link that is specifically designated for claims involving ‘‘one work by one author.’’ The new version of the Single Application describes its eligibility requirements in a clear and concise manner, and applicants must confirm that they have read and understood these requirements before they may use this form. The Office also released an updated circular that provides detailed information about the new version of the Single Application. See Copyright Office, Circular 11: Using the Single Application (2017). In addition, the new version offers enhanced features that should improve the user experience, increase the efficiency of the examination, and promote the overall quality of the registration record. Information concerning these new features is available on the Office’s website at https://www.copyright.gov/ eco/updates/index.html. B. The Proposed Rule The Office is proposing to amend the regulations governing the Single Application and the Standard Application to better reflect the technical upgrades that have been made to the Office’s electronic registration system, eCO (the ‘‘Proposed Rule’’). The Proposed Rule will clarify the eligibility requirements for each application, and codify certain practices that are set forth in the Compendium of U.S. Copyright Office Practices, Third Edition (‘‘Compendium’’). In addition, the Proposed Rule will eliminate the ‘‘short form’’ version of the Office’s paper applications, and make several technical amendments to improve the organization, consistency, and readability of the regulations. The Proposed Rule will also allow paper applications to be certified with a typed or printed signature by removing the requirement that the certification must include a ‘‘handwritten’’ signature of the certifying party. The Office welcomes public comment on each proposal. 1. The Single Application The Proposed Rule improves readability of the Office’s regulations by restating the eligibility requirements for the Single Application. The Proposed Rule confirms that: (1) Each claim must be limited to one work (with a limited exception for sound recordings described below); (2) each work must be created by one individual; (3) all the content appearing in the work must be created by that same individual; and (4) the individual must be the sole owner of all rights in the work. These changes PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 are intended to clarify the current requirements and do not represent a substantive change in policy. The Proposed Rule states that the Single Application may not be used to register collective works, databases, or websites—because they often contain multiple works of authorship—or choreographic works or architectural works 2—because such claims tend to be very complex. See 78 FR at 38445 (stating that the Single Application is intended ‘‘for those authors who file the simplest kind of [claim]’’). Although the Single Application may be used only to register one work by one author, there is a limited exception for sound recordings. The Proposed Rule confirms that the Single Application may be used to register one sound recording and one musical work, literary work, or dramatic work— notwithstanding the fact that a sound recording and the work embodied in that recording are separate works. To do so, applicants must satisfy the conditions set forth in 37 CFR 202.3(b)(1)(iv)(A)–(C), as well as the generally applicable requirements for the Single Application. In particular, the author of the sound recording and the work embodied in that recording must be the same individual, that individual must own the copyright in both works, and that individual must be the only performer featured in the recording. For example, the Single Application could be used to register a song and sound recording written and performed solely by Paul. But it could not be used to register a song written by Paul together with a recording of that song performed solely by Art or jointly performed by Art and Paul. Although this practice is not mentioned in the current regulation, it has appeared in the Compendium, the circular, and the help text, and thus does not represent a substantive change in policy.3 The Office invites public 2 This requirement has appeared in the Compendium, the help text for the Single Application, and the Office’s informational brochure for some time. See Compendium, secs. 609.1(A)–(C) (3d ed. 2017); Help: Created, U.S. Copyright Office, https://www.copyright.gov/eco/ help-created.html (last visited Jan. 26, 2018); Question 3: Does the work you are sending contain material created only by this author?, U.S. Copyright Office, https://www.copyright.gov/eco/ help-owned.html (last visited Jan. 26, 2018). 3 Similarly, the regulations governing the Standard Application and the paper applications state that an applicant may register a sound recording together with the musical work, dramatic work, or literary work embodied in that recording, provided that both works are fixed in the same phonorecord, the applicant has submitted one application for both works, and the claimant for both works is the same person or organization. 37 CFR 202.3(b)(1)(iv)(A)–(C). When submitting an online application, the applicant must select ‘‘sound recording’’ as the type of work. When E:\FR\FM\06FEP1.SGM 06FEP1 daltland on DSKBBV9HB2PROD with PROPOSALS Federal Register / Vol. 83, No. 25 / Tuesday, February 6, 2018 / Proposed Rules comment, however, on whether the Single Application should be permitted to register one sound recording and one musical work, literary work, or dramatic work in cases where the author of the sound recording and the work embodied in that recording is the same individual and that individual also owns the copyright in both works, but that individual is not the only performer featured in the recording (e.g., whether a Single Application should be permitted to register a song written by Paul, where Paul is the author of the sound recording, but the recording features Art and Paul performing the song). If the Office determines that a particular work does not satisfy the eligibility requirements for the Single Application, it will refuse to register the claim. In particular, works made for hire or works created by two or more individuals are not eligible for the Single Application. Applicants may not use the Single Application if the deposit contains material created by two or more authors (even if they only intend to register material created by one of those individuals). For the same reason, the Single Application may not be used to register a derivative work based on a preexisting work by a different author. And a work created solely by one individual cannot be registered with the Single Application if the author transferred his or her rights to another party, if the work is co-owned by two or more parties, or if the author is deceased. See 82 FR 21551, 21553 (May 9, 2017); 78 FR at 38844. The Proposed Rule provides that a Single Application may be submitted by the author/claimant. It also maintains, for now, the current practice of permitting a duly authorized agent of the author/claimant to file such an application, provided that the agent is identified in the correspondent section of the application. In addition, the Proposed Rule confirms that a Single Application may be certified only by the author/claimant or a duly authorized agent of the author/claimant that has been identified in the application. If the Office determines that a third-party agent has filed a claim on the Single Application, but has failed to identify itself in the application, the Office will refuse to register the claim. The Office, however, is considering whether to continue allowing an authorized agent of the author/claimant to submit a Single Application. The Single Application is intended to benefit individual authors by allowing submitting a paper application, the applicant must use Form SR. 37 CFR 202.3(b)(1)(iv), (b)(2)(ii). VerDate Sep<11>2014 18:26 Feb 05, 2018 Jkt 244001 them to register their works for a discounted filing fee. The Office recognizes that many authors are not familiar with the electronic system, and that some individual creators may prefer to have an authorized agent submit the application on their behalf. But, in the Office’s experience, the vast majority of Single Applications are submitted by publishers, producers, distributors, or other corporate entities—and it is unclear whether these entities need a discounted filing fee to encourage them to register works. In addition, it is unclear whether this widespread corporate use of the Single Application has impacted the overall cost recovery for the Office’s registration services. The Office welcomes public comment on this issue. 2. The Standard Application Applicants may use the Standard Application to register one work by one author, even if the work is eligible for registration with the Single Application. The Office encourages applicants to use the Standard Application if they are unsure if the work satisfies the strict eligibility requirements for the Single Application. The Proposed Rule confirms that the Standard Application may be used to register any work that is eligible for registration under sections 408(a) and 409 of the Copyright Act, including a work by one author, a joint work, a work made for hire, a derivative work, a collective work, a compilation, a unit of publication, or a sound recording and the literary, dramatic, or musical work embodied in that recording.4 In addition, the Proposed Rule clarifies that the Standard Application may not be used to seek a supplementary registration under section 408(d), a renewal registration under section 304, a registration for a restored work under section 104A, or a registration for a mask work or a vessel design under chapters 900 or 1300. Likewise, the Standard Application may not be used to register a group of related works under section 408(c)(1), unless it is expressly permitted under the Office’s regulations.5 Instead, applicants should 4 The Proposed Rule also confirms that these types of claims may be submitted with a paper application. The Office notes that it is considering whether to eliminate the option of using the Standard Application to register an ‘‘unpublished collection’’ and replace it with a new group registration option for unpublished works. See 82 FR 47415 (Oct. 12, 2017). 5 For example, the Standard Application may be used to register a group of secure test items. 37 CFR 202.13(c)(1). The proposed rule also confirms that the Standard Application may be used to register a group of updates or revisions to a photographic database (if the applicant has obtained prior PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 5229 use the forms specifically designated for these types of claims.6 The Proposed Rule maintains that a Standard Application or a paper application may be submitted by an author, a claimant, a party that owns one or more of the exclusive rights in the work, or a duly authorized agent of the aforementioned parties. In addition, the Proposed Rule confirms that a Standard Application or a paper application may be certified by an author, a claimant, a party that owns one or more of the exclusive rights in the work, or a duly authorized agent of one or more of these parties. These revisions are intended to clarify the existing regulation, and do not represent a substantive change in policy. In addition, the Proposed Rule will allow for paper applications to be certified with a typed or printed signature by removing the requirement that the certification must include a ‘‘handwritten’’ signature of the certifying party. 3. Short Form Paper Applications The Office is proposing to eliminate the ‘‘short form’’ version of its paper applications, namely, Short Form PA, Short Form TX, Short Form VA, and Short Form SE. The short forms are similar in many respects to the Single Application. Short Forms PA, TX, and VA may be used to register ‘‘a single work,’’ but only if a ‘‘living’’ individual is the sole author and owner of that work. 37 CFR 202.3(b)(2)(ii)(B). Likewise, the work cannot be a work made for hire, or a compilation or derivative work that contains previously published or previously registered material. Although these requirements are clearly stated in the instructions, applicants often used paper short forms to register works that could not be registered with these forms, such as claims involving multiple works or works co-created or co-owned by two or more people. The Office frequently had to contact the applicant to request additional information or permission to correct the application. And in all cases, the Office had to scan the short form into the registration system and input the information by hand, which is a cumbersome, labor-intensive process. Due to these recurring problems, the Office removed the short paper forms authorization from the Visual Arts Division); by contrast, applicants must use a paper application to register any other type of group database claim. 6 The proposed rule confirms that this same principle applies to claims submitted on Forms PA, SR, TX, VA, and SE. E:\FR\FM\06FEP1.SGM 06FEP1 5230 Federal Register / Vol. 83, No. 25 / Tuesday, February 6, 2018 / Proposed Rules from its website several years ago and rarely receives these forms today.7 The Office recognizes that some applicants may prefer to submit their claims with paper applications, or they may be unable to use the electronic system. Eliminating the paper short forms should not have an adverse effect on these parties, however, because the Office is not proposing to eliminate the ‘‘long’’ version of these forms. The Office will continue to accept paper Forms PA, TX, VA, and SE, which may be used to register the same types of works as the short paper forms, and the filing fee for these forms is the same as the filing fee for the short forms. 4. Technical Amendments The Proposed Rule makes a number of technical amendments that do not represent substantive changes in policy. It removes the terms ‘‘single’’ work, ‘‘single’’ application, ‘‘single’’ filing fee, and ‘‘single’’ unit of publication, and replaces them with the terms ‘‘one work,’’ ‘‘one application,’’ ‘‘one filing fee,’’ and ‘‘the same unit of publication.’’ The changes also clarify that the Single Application cannot be used to preregister a unit of publication, and it cannot be used to register a mask work, vessel design, or a group of updates or revisions to a database. In addition, the Proposed Rule clarifies that an application for registration must include the information required by the relevant form, and it must be accompanied by the appropriate deposit required by 37 CFR 202.4, 202.20, or 202.21, as the case may be. List of Subjects 37 CFR Part 201 Cable television, Copyright, Jukeboxes, Recordings, Satellites. 37 CFR Part 202 Claims, Copyright. daltland on DSKBBV9HB2PROD with PROPOSALS 37 CFR Part 211 Computer technology, Science and technology, Semiconductor chip products. 37 CFR Part 212 Vessels. In consideration of the foregoing, the U.S. Copyright Office proposes amending 37 CFR parts 201, 202, 211, and 212, as follows: PART 201—GENERAL PROVISIONS 1. The authority citation for part 201 continues to read as follows: ■ 18:26 Feb 05, 2018 Jkt 244001 2. In § 201.3(c)(1) remove the word ‘‘standard’’. ■ 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. Amend § 202.3 as follows: a. Revise paragraphs (b)(2)(i) introductory text, (b)(2)(i)(A) and (B). ■ b. Removing the word ‘‘submission’’ and adding in its place ‘‘application’’, removing the word ‘‘application’’ and adding in its place ‘‘filing’’, and removing the word ‘‘fund’’ and adding in its place ‘‘funds’’ in paragraph (b)(2)(i)(C). ■ c. Removing the word ‘‘payment’’ and adding in its place ‘‘filing fee’’ in paragraph (b)(2)(i)(D). ■ d. Add a heading to paragraph (b)(2)(ii) and revise paragraph (b)(2)(ii)(A). ■ e. Remove paragraph (b)(2)(ii)(B) ■ f. Redesignate paragraphs (b)(2)(ii)(C) and (D) as paragraphs (b)(2)(ii)(B) and (C). ■ g. Redesignate paragraph (b)(3) as paragraph (b)(2)(ii)(D). ■ h. Remove and reserve paragraph (b)(3). ■ i. In paragraph (b)(5)(i) introductory text remove the words ‘‘a single application’’ and add in their place ‘‘one application’’, and remove the words ‘‘a single registration’’ and add in their place ‘‘a group registration’’. ■ j. In paragraph (b)(5)(i)(F) remove the words ‘‘a single’’ and add in their place ‘‘the same’’. ■ k. In paragraph (b)(5)(ii) introductory text remove the words ‘‘single registration’’ and add in their place ‘‘group registration’’, remove the words ‘‘a single date’’ wherever they appears and add in their place ‘‘one date’’, and remove the words ‘‘a single calendar’’ and add in their place ‘‘the same calendar’’. ■ l. In paragraph (b)(5)(ii)(A) remove ‘‘(b)(2)’’ and add in its place ‘‘(b)(2)(ii)(A)’’, and remove the word ‘‘electronically’’ and add in its place ‘‘electronically using the Standard Application’’. ■ m. Revise paragraphs (c)(1) and (2). ■ n. Revise paragraph (c)(3). The revisions and additions read as follows: ■ ■ § 202.3 7 Applicants may obtain copies of the short forms upon request, but to do so they must contact the Public Information Office by telephone or mail. VerDate Sep<11>2014 Authority: 17 U.S.C. 702. * Registration for copyright. * * (b) * * * (2) * * * PO 00000 Frm 00016 * Fmt 4702 * Sfmt 4702 (i) Online applications. An applicant may submit a claim through the Office’s electronic registration system using the Standard Application, the Single Application, or the applications designated in § 202.4. (A) Standard Application. The Standard Application may be used to register a work under sections 408(a) and 409 of title 17, including a work by one author, a joint work, a work made for hire, a derivative work, a collective work, or a compilation. The Standard Application may also be used to register a unit of publication under paragraph (b)(4)(ii) of this section, or a sound recording and a literary, dramatic, or musical work under paragraphs (b)(1)(iv)(A) through (C) of this section. (B) Single Application. (1) The Single Application may be used only to register one work by one author. All of the content appearing in the work must be created by the same individual. The work must be owned by the author who created it, and the author and the claimant must be the same individual. (2) The Single Application may be used to register one sound recording and one musical work, dramatic work, or literary work if the conditions set forth in paragraphs (b)(1)(iv)(A) through (C) and (b)(2)(i)(B)(1) of this section have been met. (3) The following categories of works may not be registered using the Single Application: collective works, databases, websites, architectural works, choreographic works, works made for hire, works by more than one author, works with more than one owner, or works eligible for registration under § 202.4 or paragraphs (b)(4)(ii) or (b)(5), (6), or (9) of this section. * * * * * (ii) Paper applications. (A) An applicant may submit an application using one of the printed forms prescribed by the Register of Copyrights. Each form corresponds to one of the administrative classes set forth in paragraph (b)(1) of this section. These forms are designated ‘‘Form TX,’’ ‘‘Form PA,’’ ‘‘Form VA,’’ ‘‘Form SR,’’ and ‘‘Form SE.’’ These forms may be used to register a work under sections 408(a) and 409 of title 17, including a work by one author, a joint work, a work made for hire, a derivative work, a collective work, or a compilation. These forms may be used to register a unit of publication under paragraph (b)(4)(ii) of this section, and Form SR may be used to register a sound recording and a literary, dramatic, or musical work E:\FR\FM\06FEP1.SGM 06FEP1 daltland on DSKBBV9HB2PROD with PROPOSALS Federal Register / Vol. 83, No. 25 / Tuesday, February 6, 2018 / Proposed Rules under paragraph (b)(1)(iv)(A) through (C) of this section. * * * * * (c) * * * (1) As a general rule, an application for copyright registration may be submitted by any author or other copyright claimant of a work, the owner of any exclusive right in a work, or the duly authorized agent of any such author, other claimant, or owner. A Single Application, however, may be submitted only by the author/claimant or by a duly authorized agent of the author/claimant, provided that the agent is identified in the application as the correspondent. (2) All applications shall include the information required by the particular form, and shall be accompanied by the appropriate filing fee, as required in § 201.3(c) of this chapter, and the deposit required under 17 U.S.C. 408 and §§ 202.20, 202.21, or 202.4, as appropriate. (3) All applications submitted for registration shall include a certification. (i) As a general rule, the application may be certified by an author, claimant, an owner of exclusive rights, or a duly authorized agent of the author, claimant, owner of exclusive rights. A Single Application, however, may be certified only by the author/claimant or by a duly authorized agent of the author/claimant. (ii) For online applications, the certification shall include the typed name of a party identified in paragraph (c)(3)(i) of this section. For paper applications, the certification shall include the typed or printed signature of a party identified in paragraph (c)(3)(i) of this section, and if the signature is handwritten it shall be accompanied by the typed or printed name of that party. (iii) The declaration shall state that the information provided within the application is correct to the best of the certifying party’s knowledge. (iv) For online applications, the date of the certification shall be automatically assigned by the electronic registration system on the date the application is received by the Copyright Office. For paper applications, the certification shall include the month, day, and year that the certification was signed by the certifying party. (v) An application for registration of a published work will not be accepted if the date of certification is earlier than the date of publication given in the application. * * * * * ■ 5. Amend § 202.16 by removing the words ‘‘Preregistration as a single work.’’ and add in their place ‘‘Unit of publication.’’, removing the words ‘‘a VerDate Sep<11>2014 18:26 Feb 05, 2018 Jkt 244001 single application’’ and add in their place ‘‘one application’’, removing the words ‘‘a single preregistration fee’’ and add in their place ‘‘one filing fee’’, removing the words ‘‘a single unit’’ and add in their place ‘‘the same unit’’, and removing the words ‘‘a single work’’ and add in their place ‘‘one work’’ in paragraph (c)(4). PART 211—MASK WORK PROTECTION 5231 D–VH/CON. The Form D–VH and all the Form D–VH/CONs for the application must be submitted together. * * * * * Dated: January 31, 2018. Sarang V. Damle, General Counsel and Associate Register of Copyrights. [FR Doc. 2018–02204 Filed 2–5–18; 8:45 am] BILLING CODE 1410–30–P 6. The authority citation for part 211 continues to read as follows: ■ ENVIRONMENTAL PROTECTION AGENCY Authority: 17 U.S.C. 702, 908. 7. Amend § 211.4 by revising paragraph (d) to read as follows: ■ § 211.4 Registration of claims of protection in mask works. * * * * * (d) Registration for one mask work. Subject to the exceptions specified in paragraph (c)(2) of this section, for purposes of registration on one application and upon payment of one filing fee, the following shall be considered one work: * * * * * PART 212—PROTECTION OF VESSEL DESIGNS 8. The authority citation for part 212 continues to read as follows: ■ Authority: 17 U.S.C. chapter 13. 9. Amend § 212.3 as follows: a. In paragraph (f)(1), remove the words ‘‘a single make’’ and add in their place ‘‘the same make’’, remove the words ‘‘a single application’’ and add in their place ‘‘one application’’, remove the words ‘‘used for all designs’’ and add in their place ‘‘used to register all the designs’’, and remove the words ‘‘each of the designs’’ and add in their place ‘‘each design’’ . ■ b. Revise paragraph (f)(2). ■ c. In paragraph (f)(4) remove the words ‘‘a single’’ and add in their place ‘‘one’’. The revision reads as follows: ■ ■ § 212.3 Registration of claims for protection of eligible designs. * * * * * (f) * * * (1) * * * (2) One application. Where one application for multiple designs is appropriate, a separate Form D–VH/ CON must be used for each design beyond the first appearing on Form D– VH. Each Form D–VH/CON must be accompanied by deposit material identifying the design that is the subject of the Form D–VH/CON, and the deposit material must be attached to the Form PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 40 CFR Part 62 [EPA–R07–OAR–2018–0005; FRL–9974–15– Region 7] Approval of State Plans for Designated Facilities and Pollutants; Missouri; Hospital, Medical, and Infectious Waste Incineration (HMIWI) Units Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve revisions to the Missouri state plan for designated facilities and pollutants developed under sections 111(d) and 129 of the Clean Air Act (CAA) that were requested by Missouri Department of Natural Resources (MDNR) in two separate submissions made on August 8, 2011 and on July 3, 2014. This proposed action will amend the state regulations referenced in the state’s 111(d) plan applicable to existing Hospital, Medical, Infectious Waste Incinerators (HMIWI) operating in the state of Missouri. The state rule revisions we are proposing to approve with this action update HMIWI regulatory requirements for emission limits for waste management plans, training, compliance and performance testing, monitoring, and reporting and recordkeeping to be consistent with updates to Federal rules. These regulatory revisions proposed for approval into Missouri’s state plan do not impact air quality. EPA’s proposed approval of this revision is being done in accordance with the requirements of CAA section 111(d) as further described in the Technical Support Document that is included in this docket. DATES: Comments must be received on or before March 8, 2018. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R07– OAR–2018–0005, to https://www. regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. SUMMARY: E:\FR\FM\06FEP1.SGM 06FEP1

Agencies

[Federal Register Volume 83, Number 25 (Tuesday, February 6, 2018)]
[Proposed Rules]
[Pages 5227-5231]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02204]


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LIBRARY OF CONGRESS

 Copyright Office

37 CFR Parts 201, 202, 211, 212

[Docket No. 2018-1]


Streamlining the Single Application and Clarifying Eligibility 
Requirements

AGENCY: U.S. Copyright Office, Library of Congress.

ACTION: Notice of proposed rulemaking.

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SUMMARY: On December 16, 2017, the U.S. Copyright Office released a new 
version of the Single Application, an online registration option that 
allows a single author to register a claim in one work that is solely 
owned by the same author and is not a work made for hire. The new 
Single Application includes enhanced features that should improve the 
user experience, increase the efficiency of the examination, and reduce 
the correspondence rate for these types of claims. To coincide with 
these technical upgrades, the Office is now proposing to amend its 
regulations to clarify the eligibility requirements for the Single 
Application, and codify certain practices set forth in the Compendium 
of U.S. Copyright Office Practices, Third Edition. In addition, the 
proposed rule confirms that the Single Application may be used to 
register one sound recording and one musical work, literary work, or 
dramatic work--notwithstanding the fact that a sound recording and the 
work embodied in that recording are separate works. The proposed rule 
will also clarify the eligibility requirements for the Office's 
Standard Application, which is used to register certain works that are 
ineligible for the Single Application, such as works with more than one 
owner. In addition, the proposed rule will eliminate the ``short form'' 
version of the Office's paper applications, and make technical 
amendments to the regulations governing preregistration, architectural 
works, mask works, vessel designs, the unit of publication registration 
option, and the group registration option for database updates. The 
proposed rule will also allow for paper applications to be certified 
with a typed or printed signature by removing the requirement that the 
certification must include a ``handwritten'' signature of the 
certifying party.

DATES: Comments on the proposed rule must be made in writing and must 
be received in the U.S. Copyright Office no later than March 8, 2018.

ADDRESSES: For reasons of government efficiency, the Copyright Office 
is using the regulations.gov system for the submission and posting of 
public comments in this proceeding. All comments are therefore to be 
submitted electronically through regulations.gov. Specific instructions 
for submitting comments are available on the Copyright Office website 
at https://www.copyright.gov/rulemaking/streamlining-single. If 
electronic submission of comments is not feasible due to lack of access 
to a computer and/or the internet, please contact the Office using the 
contact information below for special instructions.

FOR FURTHER INFORMATION CONTACT: Robert J. Kasunic, Associate Register 
of Copyrights and Director of Registration Policy and Practice; Erik 
Bertin, Deputy Director of Registration Policy and Practice; or Anna 
Chauvet, Assistant General Counsel, by telephone at 202-707-8040 or by 
email at [email protected], [email protected], or [email protected].

SUPPLEMENTARY INFORMATION:

A. Background

    In 2013, the Office issued an interim rule that established a new 
registration option known as the ``Single

[[Page 5228]]

Application.'' This application was designed ``for those authors who 
file the simplest kind of [claim].'' 78 FR 38843, 38845 (June 28, 
2013). The purpose of the Single Application was to ``encourage more 
individual creators to register their works'' and to ``foster the 
development of a more robust public record.'' Id. at 38844, 38845. 
Specifically, the Single Application may be used to register ``a single 
work by a single author that is owned by the person who created it.'' 
37 CFR 202.3(b)(2)(i)(B). The application must be submitted 
``electronically'' through the Office's website, and ``[t]he claimant 
and the author must be the same.'' Id. Sec. Sec.  202.3(b)(2)(i)(A), 
(B).
    Certain types of works are not eligible for the Single Application 
option, as they create a more complex application that takes additional 
time to examine. For example, the Single Application cannot be used to 
register ``works by more than one author,'' ``works with more than one 
owner,'' collective works, unpublished collections, units of 
publication, databases, or websites. Id. Sec.  202.3(b)(2)(i)(B). 
Instead, an applicant must submit the Office's ``Standard Application'' 
through the Office's electronic registration system, or a paper 
application submitted on Forms PA, SR, TX, VA, or SE to register these 
types of works.\1\
---------------------------------------------------------------------------

    \1\ In 2014, the Office announced that the term ``single'' would 
be used to identify ``the newly introduced single author/single work 
offering,'' and the term ``standard'' would be used to identify the 
``standard'' version of the online application, as well as the 
Office's printed forms. 79 FR 15910, 15911 n.10 (Mar. 24, 2014). In 
practice, however, the Office uses the term ``standard'' only when 
referring to the online application. When referring to its printed 
forms, the Office uses the term ``paper application'' or the 
specific name for each form, such as ``Form PA'' or ``Form SR.'' The 
proposed rule updates the regulation to reflect the current 
terminology.
---------------------------------------------------------------------------

    Although the Office intended for the Single Application to be 
``administratively simple'' to process, 78 FR at 38843, in practice, 
claims submitted on the Single Application often require more 
correspondence than other filings. For example, mistakenly using the 
Single Application for works co-created or co-owned by two or more 
people is one of the most common reasons that the Office must 
correspond with applicants. This unexpected administrative burden on 
the Office appears to stem from the manner in which its electronic 
registration system used to direct applicants to either the Single 
Application or Standard Application.
    On December 16, 2017, the Office released a new and improved 
version of the Single Application to address these issues. Applicants 
must now affirmatively select a link that is specifically designated 
for claims involving ``one work by one author.'' The new version of the 
Single Application describes its eligibility requirements in a clear 
and concise manner, and applicants must confirm that they have read and 
understood these requirements before they may use this form. The Office 
also released an updated circular that provides detailed information 
about the new version of the Single Application. See Copyright Office, 
Circular 11: Using the Single Application (2017). In addition, the new 
version offers enhanced features that should improve the user 
experience, increase the efficiency of the examination, and promote the 
overall quality of the registration record. Information concerning 
these new features is available on the Office's website at https://www.copyright.gov/eco/updates/index.html.

B. The Proposed Rule

    The Office is proposing to amend the regulations governing the 
Single Application and the Standard Application to better reflect the 
technical upgrades that have been made to the Office's electronic 
registration system, eCO (the ``Proposed Rule''). The Proposed Rule 
will clarify the eligibility requirements for each application, and 
codify certain practices that are set forth in the Compendium of U.S. 
Copyright Office Practices, Third Edition (``Compendium''). In 
addition, the Proposed Rule will eliminate the ``short form'' version 
of the Office's paper applications, and make several technical 
amendments to improve the organization, consistency, and readability of 
the regulations. The Proposed Rule will also allow paper applications 
to be certified with a typed or printed signature by removing the 
requirement that the certification must include a ``handwritten'' 
signature of the certifying party. The Office welcomes public comment 
on each proposal.

1. The Single Application

    The Proposed Rule improves readability of the Office's regulations 
by restating the eligibility requirements for the Single Application. 
The Proposed Rule confirms that: (1) Each claim must be limited to one 
work (with a limited exception for sound recordings described below); 
(2) each work must be created by one individual; (3) all the content 
appearing in the work must be created by that same individual; and (4) 
the individual must be the sole owner of all rights in the work. These 
changes are intended to clarify the current requirements and do not 
represent a substantive change in policy.
    The Proposed Rule states that the Single Application may not be 
used to register collective works, databases, or websites--because they 
often contain multiple works of authorship--or choreographic works or 
architectural works \2\--because such claims tend to be very complex. 
See 78 FR at 38445 (stating that the Single Application is intended 
``for those authors who file the simplest kind of [claim]'').
---------------------------------------------------------------------------

    \2\ This requirement has appeared in the Compendium, the help 
text for the Single Application, and the Office's informational 
brochure for some time. See Compendium, secs. 609.1(A)-(C) (3d ed. 
2017); Help: Created, U.S. Copyright Office, https://www.copyright.gov/eco/help-created.html (last visited Jan. 26, 
2018); Question 3: Does the work you are sending contain material 
created only by this author?, U.S. Copyright Office, https://www.copyright.gov/eco/help-owned.html (last visited Jan. 26, 2018).
---------------------------------------------------------------------------

    Although the Single Application may be used only to register one 
work by one author, there is a limited exception for sound recordings. 
The Proposed Rule confirms that the Single Application may be used to 
register one sound recording and one musical work, literary work, or 
dramatic work--notwithstanding the fact that a sound recording and the 
work embodied in that recording are separate works. To do so, 
applicants must satisfy the conditions set forth in 37 CFR 
202.3(b)(1)(iv)(A)-(C), as well as the generally applicable 
requirements for the Single Application. In particular, the author of 
the sound recording and the work embodied in that recording must be the 
same individual, that individual must own the copyright in both works, 
and that individual must be the only performer featured in the 
recording. For example, the Single Application could be used to 
register a song and sound recording written and performed solely by 
Paul. But it could not be used to register a song written by Paul 
together with a recording of that song performed solely by Art or 
jointly performed by Art and Paul. Although this practice is not 
mentioned in the current regulation, it has appeared in the Compendium, 
the circular, and the help text, and thus does not represent a 
substantive change in policy.\3\ The Office invites public

[[Page 5229]]

comment, however, on whether the Single Application should be permitted 
to register one sound recording and one musical work, literary work, or 
dramatic work in cases where the author of the sound recording and the 
work embodied in that recording is the same individual and that 
individual also owns the copyright in both works, but that individual 
is not the only performer featured in the recording (e.g., whether a 
Single Application should be permitted to register a song written by 
Paul, where Paul is the author of the sound recording, but the 
recording features Art and Paul performing the song).
---------------------------------------------------------------------------

    \3\ Similarly, the regulations governing the Standard 
Application and the paper applications state that an applicant may 
register a sound recording together with the musical work, dramatic 
work, or literary work embodied in that recording, provided that 
both works are fixed in the same phonorecord, the applicant has 
submitted one application for both works, and the claimant for both 
works is the same person or organization. 37 CFR 202.3(b)(1)(iv)(A)-
(C). When submitting an online application, the applicant must 
select ``sound recording'' as the type of work. When submitting a 
paper application, the applicant must use Form SR. 37 CFR 
202.3(b)(1)(iv), (b)(2)(ii).
---------------------------------------------------------------------------

    If the Office determines that a particular work does not satisfy 
the eligibility requirements for the Single Application, it will refuse 
to register the claim. In particular, works made for hire or works 
created by two or more individuals are not eligible for the Single 
Application. Applicants may not use the Single Application if the 
deposit contains material created by two or more authors (even if they 
only intend to register material created by one of those individuals). 
For the same reason, the Single Application may not be used to register 
a derivative work based on a preexisting work by a different author. 
And a work created solely by one individual cannot be registered with 
the Single Application if the author transferred his or her rights to 
another party, if the work is co-owned by two or more parties, or if 
the author is deceased. See 82 FR 21551, 21553 (May 9, 2017); 78 FR at 
38844.
    The Proposed Rule provides that a Single Application may be 
submitted by the author/claimant. It also maintains, for now, the 
current practice of permitting a duly authorized agent of the author/
claimant to file such an application, provided that the agent is 
identified in the correspondent section of the application. In 
addition, the Proposed Rule confirms that a Single Application may be 
certified only by the author/claimant or a duly authorized agent of the 
author/claimant that has been identified in the application. If the 
Office determines that a third-party agent has filed a claim on the 
Single Application, but has failed to identify itself in the 
application, the Office will refuse to register the claim.
    The Office, however, is considering whether to continue allowing an 
authorized agent of the author/claimant to submit a Single Application. 
The Single Application is intended to benefit individual authors by 
allowing them to register their works for a discounted filing fee. The 
Office recognizes that many authors are not familiar with the 
electronic system, and that some individual creators may prefer to have 
an authorized agent submit the application on their behalf. But, in the 
Office's experience, the vast majority of Single Applications are 
submitted by publishers, producers, distributors, or other corporate 
entities--and it is unclear whether these entities need a discounted 
filing fee to encourage them to register works. In addition, it is 
unclear whether this widespread corporate use of the Single Application 
has impacted the overall cost recovery for the Office's registration 
services. The Office welcomes public comment on this issue.

2. The Standard Application

    Applicants may use the Standard Application to register one work by 
one author, even if the work is eligible for registration with the 
Single Application. The Office encourages applicants to use the 
Standard Application if they are unsure if the work satisfies the 
strict eligibility requirements for the Single Application.
    The Proposed Rule confirms that the Standard Application may be 
used to register any work that is eligible for registration under 
sections 408(a) and 409 of the Copyright Act, including a work by one 
author, a joint work, a work made for hire, a derivative work, a 
collective work, a compilation, a unit of publication, or a sound 
recording and the literary, dramatic, or musical work embodied in that 
recording.\4\ In addition, the Proposed Rule clarifies that the 
Standard Application may not be used to seek a supplementary 
registration under section 408(d), a renewal registration under section 
304, a registration for a restored work under section 104A, or a 
registration for a mask work or a vessel design under chapters 900 or 
1300. Likewise, the Standard Application may not be used to register a 
group of related works under section 408(c)(1), unless it is expressly 
permitted under the Office's regulations.\5\ Instead, applicants should 
use the forms specifically designated for these types of claims.\6\
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    \4\ The Proposed Rule also confirms that these types of claims 
may be submitted with a paper application. The Office notes that it 
is considering whether to eliminate the option of using the Standard 
Application to register an ``unpublished collection'' and replace it 
with a new group registration option for unpublished works. See 82 
FR 47415 (Oct. 12, 2017).
    \5\ For example, the Standard Application may be used to 
register a group of secure test items. 37 CFR 202.13(c)(1). The 
proposed rule also confirms that the Standard Application may be 
used to register a group of updates or revisions to a photographic 
database (if the applicant has obtained prior authorization from the 
Visual Arts Division); by contrast, applicants must use a paper 
application to register any other type of group database claim.
    \6\ The proposed rule confirms that this same principle applies 
to claims submitted on Forms PA, SR, TX, VA, and SE.
---------------------------------------------------------------------------

    The Proposed Rule maintains that a Standard Application or a paper 
application may be submitted by an author, a claimant, a party that 
owns one or more of the exclusive rights in the work, or a duly 
authorized agent of the aforementioned parties. In addition, the 
Proposed Rule confirms that a Standard Application or a paper 
application may be certified by an author, a claimant, a party that 
owns one or more of the exclusive rights in the work, or a duly 
authorized agent of one or more of these parties. These revisions are 
intended to clarify the existing regulation, and do not represent a 
substantive change in policy.
    In addition, the Proposed Rule will allow for paper applications to 
be certified with a typed or printed signature by removing the 
requirement that the certification must include a ``handwritten'' 
signature of the certifying party.

3. Short Form Paper Applications

    The Office is proposing to eliminate the ``short form'' version of 
its paper applications, namely, Short Form PA, Short Form TX, Short 
Form VA, and Short Form SE. The short forms are similar in many 
respects to the Single Application. Short Forms PA, TX, and VA may be 
used to register ``a single work,'' but only if a ``living'' individual 
is the sole author and owner of that work. 37 CFR 202.3(b)(2)(ii)(B). 
Likewise, the work cannot be a work made for hire, or a compilation or 
derivative work that contains previously published or previously 
registered material.
    Although these requirements are clearly stated in the instructions, 
applicants often used paper short forms to register works that could 
not be registered with these forms, such as claims involving multiple 
works or works co-created or co-owned by two or more people. The Office 
frequently had to contact the applicant to request additional 
information or permission to correct the application. And in all cases, 
the Office had to scan the short form into the registration system and 
input the information by hand, which is a cumbersome, labor-intensive 
process. Due to these recurring problems, the Office removed the short 
paper forms

[[Page 5230]]

from its website several years ago and rarely receives these forms 
today.\7\
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    \7\ Applicants may obtain copies of the short forms upon 
request, but to do so they must contact the Public Information 
Office by telephone or mail.
---------------------------------------------------------------------------

    The Office recognizes that some applicants may prefer to submit 
their claims with paper applications, or they may be unable to use the 
electronic system. Eliminating the paper short forms should not have an 
adverse effect on these parties, however, because the Office is not 
proposing to eliminate the ``long'' version of these forms. The Office 
will continue to accept paper Forms PA, TX, VA, and SE, which may be 
used to register the same types of works as the short paper forms, and 
the filing fee for these forms is the same as the filing fee for the 
short forms.

4. Technical Amendments

    The Proposed Rule makes a number of technical amendments that do 
not represent substantive changes in policy. It removes the terms 
``single'' work, ``single'' application, ``single'' filing fee, and 
``single'' unit of publication, and replaces them with the terms ``one 
work,'' ``one application,'' ``one filing fee,'' and ``the same unit of 
publication.'' The changes also clarify that the Single Application 
cannot be used to preregister a unit of publication, and it cannot be 
used to register a mask work, vessel design, or a group of updates or 
revisions to a database. In addition, the Proposed Rule clarifies that 
an application for registration must include the information required 
by the relevant form, and it must be accompanied by the appropriate 
deposit required by 37 CFR 202.4, 202.20, or 202.21, as the case may 
be.

List of Subjects

37 CFR Part 201

    Cable television, Copyright, Jukeboxes, Recordings, Satellites.

37 CFR Part 202

    Claims, Copyright.

37 CFR Part 211

    Computer technology, Science and technology, Semiconductor chip 
products.

37 CFR Part 212

    Vessels.

    In consideration of the foregoing, the U.S. Copyright Office 
proposes amending 37 CFR parts 201, 202, 211, and 212, 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.  201.3(c)(1) remove the word ``standard''.

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. Amend Sec.  202.3 as follows:
0
a. Revise paragraphs (b)(2)(i) introductory text, (b)(2)(i)(A) and (B).
0
b. Removing the word ``submission'' and adding in its place 
``application'', removing the word ``application'' and adding in its 
place ``filing'', and removing the word ``fund'' and adding in its 
place ``funds'' in paragraph (b)(2)(i)(C).
0
c. Removing the word ``payment'' and adding in its place ``filing fee'' 
in paragraph (b)(2)(i)(D).
0
d. Add a heading to paragraph (b)(2)(ii) and revise paragraph 
(b)(2)(ii)(A).
0
e. Remove paragraph (b)(2)(ii)(B)
0
f. Redesignate paragraphs (b)(2)(ii)(C) and (D) as paragraphs 
(b)(2)(ii)(B) and (C).
0
g. Redesignate paragraph (b)(3) as paragraph (b)(2)(ii)(D).
0
h. Remove and reserve paragraph (b)(3).
0
i. In paragraph (b)(5)(i) introductory text remove the words ``a single 
application'' and add in their place ``one application'', and remove 
the words ``a single registration'' and add in their place ``a group 
registration''.
0
j. In paragraph (b)(5)(i)(F) remove the words ``a single'' and add in 
their place ``the same''.
0
k. In paragraph (b)(5)(ii) introductory text remove the words ``single 
registration'' and add in their place ``group registration'', remove 
the words ``a single date'' wherever they appears and add in their 
place ``one date'', and remove the words ``a single calendar'' and add 
in their place ``the same calendar''.
0
l. In paragraph (b)(5)(ii)(A) remove ``(b)(2)'' and add in its place 
``(b)(2)(ii)(A)'', and remove the word ``electronically'' and add in 
its place ``electronically using the Standard Application''.
0
m. Revise paragraphs (c)(1) and (2).
0
n. Revise paragraph (c)(3).
    The revisions and additions read as follows:


Sec.  202.3  Registration for copyright.

* * * * *
    (b) * * *
    (2) * * *
    (i) Online applications. An applicant may submit a claim through 
the Office's electronic registration system using the Standard 
Application, the Single Application, or the applications designated in 
Sec.  202.4.
    (A) Standard Application. The Standard Application may be used to 
register a work under sections 408(a) and 409 of title 17, including a 
work by one author, a joint work, a work made for hire, a derivative 
work, a collective work, or a compilation. The Standard Application may 
also be used to register a unit of publication under paragraph 
(b)(4)(ii) of this section, or a sound recording and a literary, 
dramatic, or musical work under paragraphs (b)(1)(iv)(A) through (C) of 
this section.
    (B) Single Application.
    (1) The Single Application may be used only to register one work by 
one author. All of the content appearing in the work must be created by 
the same individual. The work must be owned by the author who created 
it, and the author and the claimant must be the same individual.
    (2) The Single Application may be used to register one sound 
recording and one musical work, dramatic work, or literary work if the 
conditions set forth in paragraphs (b)(1)(iv)(A) through (C) and 
(b)(2)(i)(B)(1) of this section have been met.
    (3) The following categories of works may not be registered using 
the Single Application: collective works, databases, websites, 
architectural works, choreographic works, works made for hire, works by 
more than one author, works with more than one owner, or works eligible 
for registration under Sec.  202.4 or paragraphs (b)(4)(ii) or (b)(5), 
(6), or (9) of this section.
* * * * *
    (ii) Paper applications. (A) An applicant may submit an application 
using one of the printed forms prescribed by the Register of 
Copyrights. Each form corresponds to one of the administrative classes 
set forth in paragraph (b)(1) of this section. These forms are 
designated ``Form TX,'' ``Form PA,'' ``Form VA,'' ``Form SR,'' and 
``Form SE.'' These forms may be used to register a work under sections 
408(a) and 409 of title 17, including a work by one author, a joint 
work, a work made for hire, a derivative work, a collective work, or a 
compilation. These forms may be used to register a unit of publication 
under paragraph (b)(4)(ii) of this section, and Form SR may be used to 
register a sound recording and a literary, dramatic, or musical work

[[Page 5231]]

under paragraph (b)(1)(iv)(A) through (C) of this section.
* * * * *
    (c) * * *
    (1) As a general rule, an application for copyright registration 
may be submitted by any author or other copyright claimant of a work, 
the owner of any exclusive right in a work, or the duly authorized 
agent of any such author, other claimant, or owner. A Single 
Application, however, may be submitted only by the author/claimant or 
by a duly authorized agent of the author/claimant, provided that the 
agent is identified in the application as the correspondent.
    (2) All applications shall include the information required by the 
particular form, and shall be accompanied by the appropriate filing 
fee, as required in Sec.  201.3(c) of this chapter, and the deposit 
required under 17 U.S.C. 408 and Sec. Sec.  202.20, 202.21, or 202.4, 
as appropriate.
    (3) All applications submitted for registration shall include a 
certification.
    (i) As a general rule, the application may be certified by an 
author, claimant, an owner of exclusive rights, or a duly authorized 
agent of the author, claimant, owner of exclusive rights. A Single 
Application, however, may be certified only by the author/claimant or 
by a duly authorized agent of the author/claimant.
    (ii) For online applications, the certification shall include the 
typed name of a party identified in paragraph (c)(3)(i) of this 
section. For paper applications, the certification shall include the 
typed or printed signature of a party identified in paragraph (c)(3)(i) 
of this section, and if the signature is handwritten it shall be 
accompanied by the typed or printed name of that party.
    (iii) The declaration shall state that the information provided 
within the application is correct to the best of the certifying party's 
knowledge.
    (iv) For online applications, the date of the certification shall 
be automatically assigned by the electronic registration system on the 
date the application is received by the Copyright Office. For paper 
applications, the certification shall include the month, day, and year 
that the certification was signed by the certifying party.
    (v) An application for registration of a published work will not be 
accepted if the date of certification is earlier than the date of 
publication given in the application.
* * * * *
0
5. Amend Sec.  202.16 by removing the words ``Preregistration as a 
single work.'' and add in their place ``Unit of publication.'', 
removing the words ``a single application'' and add in their place 
``one application'', removing the words ``a single preregistration 
fee'' and add in their place ``one filing fee'', removing the words ``a 
single unit'' and add in their place ``the same unit'', and removing 
the words ``a single work'' and add in their place ``one work'' in 
paragraph (c)(4).

PART 211--MASK WORK PROTECTION

0
6. The authority citation for part 211 continues to read as follows:

    Authority: 17 U.S.C. 702, 908.

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7. Amend Sec.  211.4 by revising paragraph (d) to read as follows:


Sec.  211.4  Registration of claims of protection in mask works.

* * * * *
    (d) Registration for one mask work. Subject to the exceptions 
specified in paragraph (c)(2) of this section, for purposes of 
registration on one application and upon payment of one filing fee, the 
following shall be considered one work:
* * * * *

PART 212--PROTECTION OF VESSEL DESIGNS

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8. The authority citation for part 212 continues to read as follows:


    Authority: 17 U.S.C. chapter 13.

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9. Amend Sec.  212.3 as follows:
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a. In paragraph (f)(1), remove the words ``a single make'' and add in 
their place ``the same make'', remove the words ``a single 
application'' and add in their place ``one application'', remove the 
words ``used for all designs'' and add in their place ``used to 
register all the designs'', and remove the words ``each of the 
designs'' and add in their place ``each design'' .
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b. Revise paragraph (f)(2).
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c. In paragraph (f)(4) remove the words ``a single'' and add in their 
place ``one''.
    The revision reads as follows:


Sec.  212.3  Registration of claims for protection of eligible designs.

* * * * *
    (f) * * *
    (1) * * *
    (2) One application. Where one application for multiple designs is 
appropriate, a separate Form D-VH/CON must be used for each design 
beyond the first appearing on Form D-VH. Each Form D-VH/CON must be 
accompanied by deposit material identifying the design that is the 
subject of the Form D-VH/CON, and the deposit material must be attached 
to the Form D-VH/CON. The Form D-VH and all the Form D-VH/CONs for the 
application must be submitted together.
* * * * *

    Dated: January 31, 2018.
Sarang V. Damle,
General Counsel and Associate Register of Copyrights.
[FR Doc. 2018-02204 Filed 2-5-18; 8:45 am]
BILLING CODE 1410-30-P