Group Registration of Newsletters and Serials, 61546-61551 [2018-26091]

Download as PDF 61546 Federal Register / Vol. 83, No. 231 / Friday, November 30, 2018 / Rules and Regulations governments in the exercise of their governmental functions. In accordance with these Executive orders, the Department has assessed the potential costs and benefits, both quantitative and qualitative, of this regulatory action. The potential costs are those resulting from statutory requirements and those we have determined as necessary for administering the Department’s programs and activities. amozie on DSK3GDR082PROD with RULES Discussion of Potential Costs and Benefits The Department believes that this regulatory action does not impose significant costs on eligible entities, whose participation in this program is voluntary. While this action does impose some requirements on participating CMOs that are costbearing, the Department expects that applicants for this program will include in their proposed budgets a request for funds to support compliance with such cost-bearing requirements. Therefore, costs associated with meeting these requirements are, in the Department’s estimation, minimal. This regulatory action strengthens accountability for the use of Federal funds by helping to ensure that the Department selects for CSP grants the CMOs that are most capable of expanding the number of high-quality charter schools available to our Nation’s students, consistent with a major purpose of the CSP as described in section 4301(3) of the ESEA. The Department believes that these benefits to the Federal government and to State educational agencies outweigh the costs associated with this action. Regulatory Alternatives Considered The Department believes that the priorities, requirements, definitions, and selection criteria are needed to administer the program effectively. As an alternative to the selection criteria announced in this document, the Department could choose from among the selection criteria authorized for CSP grants to CMOs in section 4305(b) of the ESEA (20 U.S.C. 7221c) and the general selection criteria in 34 CFR 75.210. We do not believe that these criteria provide a sufficient basis on which to evaluate the quality of applications. In particular, the criteria do not sufficiently enable the Department to assess an applicant’s past performance with respect to the operation of high-quality charter schools or with respect to compliance issues that the applicant has encountered. We note that several of the final priorities, requirements, definitions, and selection criteria are based on priorities, VerDate Sep<11>2014 16:03 Nov 29, 2018 Jkt 247001 requirements, definitions, selection criteria, and other provisions in the authorizing statute for this program. LIBRARY OF CONGRESS Paperwork Reduction Act of 1995 37 CFR Parts 201 and 202 The final priorities, requirements, and selection criteria contain information collection requirements that are approved by OMB under OMB control number 1894–0006; the final priorities, requirements, and selection criteria do not affect the currently approved data collection. Intergovernmental Review: This program is subject to Executive Order 12372 and the regulations in 34 CFR part 79. One of the objectives of the Executive order is to foster an intergovernmental partnership and a strengthened federalism. The Executive order relies on processes developed by State and local governments for coordination and review of proposed Federal financial assistance. This document provides early notification of our specific plans and actions for this program. Accessible Format: Individuals with disabilities can obtain this document in an accessible format (e.g., braille, large print, audiotape, or compact disc) on request to the program contact person listed under FOR FURTHER INFORMATION CONTACT. Electronic Access to This Document: The official version of this document is the document published in the Federal Register. You may access the official edition of the Federal Register and the Code of Federal Regulations via the Federal Digital System at: www.gpo.gov/ fdsys. At this site you can view this document, as well as all other documents of the Department published in the Federal Register, in text or Portable Document Format (PDF). To use PDF you must have Adobe Acrobat Reader, which is available free at the site. You may also access documents of the Department published in the Federal Register by using the article search feature at: www.federalregister.gov. Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department. [Docket Nos. 2018–2, 2018–3] Dated: November 27, 2018. James C. Blew, Acting Assistant Deputy Secretary for Innovation and Improvement. [FR Doc. 2018–26095 Filed 11–29–18; 8:45 am] BILLING CODE 4000–01–P PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 Copyright Office Group Registration of Newsletters and Serials U.S. Copyright Office, Library of Congress. ACTION: Final rule. AGENCY: The U.S. Copyright Office is amending its regulations governing the group registration options for newsletters and serials. With respect to group newsletters, the final rule amends the definition of ‘‘newsletter,’’ eliminating the requirement that each issue must be a work made for hire, and the provision stating that group newsletter claims must be received within three months after publication. Under the final rule, newsletter publishers now should register their issues with the online application and upload a digital copy of each issue through the electronic registration system instead of submitting them in a physical form. With respect to group serials, the final rule clarifies that serials governed by the rule generally must be published at intervals of a week or longer, and that the publication dates provided in the application need not match the dates appearing on the issues themselves. In addition, the rule phases out the paper application for group serials and the submission of physical copies. Beginning one year after the rule goes into effect, serial publishers will be required to use the online application for group serials and to upload a digital copy of each issue, rather than submitting them in a physical form. The final rule updates the regulations for both newsletters and serials by confirming that publishers do not need to provide the Library of Congress with complimentary subscriptions to or microfilm of each issue as a condition for registering their works with the Office, but newsletter and serial issues that are submitted for purposes of registration will no longer satisfy the mandatory deposit requirement. Publishers will be expected to separately provide the Library with two complimentary subscriptions if the newsletter or serial is published in the United States in a physical format (unless the publisher is informed that the publication is not needed for the Library’s collections). If the newsletter or serial is published solely in electronic form, the publisher will remain exempt from mandatory deposit SUMMARY: E:\FR\FM\30NOR1.SGM 30NOR1 Federal Register / Vol. 83, No. 231 / Friday, November 30, 2018 / Rules and Regulations unless the Office issues a formal demand for copies of that publication. DATES: Effective date: December 31, 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@copyright.gov or ebertin@copyright.gov; or Cindy Paige Abramson, Assistant General Counsel, by telephone at 202–707–0676, or by email at ciab@copyright.gov. SUPPLEMENTARY INFORMATION: On May 17, 2018, the Copyright Office (the ‘‘Office’’) published two notices of proposed rulemaking (‘‘NPRMs’’) setting forth proposed amendments to the regulations governing the group registration options for newsletters and serials. 83 FR 22902 (May 17, 2018); 83 FR 22896 (May 17, 2018). The Office did not receive any comments in response to the NPRM on group newsletters. In response to the NPRM on group serials, the Office received comments from the Copyright Alliance and one individual.1 Having reviewed and carefully considered these comments, the Office is issuing a final rule that is nearly identical to the rule proposed in the NPRM on group newsletters, and substantially similar to the rule proposed in the NPRM on group serials; in both cases, the Office has made a few modifications reflecting the concerns raised by the comments regarding online registration and electronic submission of deposits regarding group registration of serials, which are discussed in more detail below.2 Topics Involving Solely the Group Registration Option for Newsletters amozie on DSK3GDR082PROD with RULES The final rule revises current practices for the group registration option for newsletters. It clarifies and expands the category of works eligible for this option by amending the definition of what constitutes a 1 The comments can be found on the Copyright Office’s website at https://www.copyright.gov/ rulemaking/group-serials/. 2 The final rule also includes a few technical amendments. The rule has been revised to account for a recent amendment that was made by the final rule on group registration of newspapers. See 83 FR 25375 (June 1, 2018). The rule removes crossreferences to the prior regulations on newsletters and serials. See 37 CFR 202.4(l), 202.6(e)(1). It also corrects an error made by the Federal Register in publishing the regulation on supplementary registration. See 82 FR 27424 (June 15, 2017). Specifically, the rule removes the term ‘‘SE.’’ (which is an abbreviation for ‘‘southeast’’) and replaces it with the term ‘‘SE’’ (which is the correct abbreviation for the term ‘‘serials’’). See 37 CFR 202.6(e)(1). VerDate Sep<11>2014 16:03 Nov 29, 2018 Jkt 247001 ‘‘newsletter’’ and by making clear that newsletters need not be collective works. It also eliminates the work-madefor-hire requirement and the requirement that the issues must be submitted within three months after publication. The final rule also phases out the paper application (known as Form G/ DN) and generally requires applicants to register their newsletters using the designated online application. In addition, it requires applicants to upload their newsletters in a digital format through the electronic registration system. If an applicant submits Form G/DN after the effective date of the final rule, the Office will refuse to register the claim. Likewise, the Office will refuse registration if an applicant submits physical copies of a newsletter, such as printed copies or photocopies, or digital copies that have been saved onto a flash drive, disc, or other physical storage medium. Topics Involving Solely the Group Registration Options for Serials The final rule codifies, clarifies, and revises current practices for the group registration option for serials. First, the final rule requires that each claim must include at least two issues, that each issue must be a work made for hire, and that the author and copyright claimant for each issue must be the same person or organization. Second, the final rule eliminates the current requirement that each issue must have been created no more than one year prior to publication. Third, the final rule requires that applicants may only register serials that are ‘‘generally . . . published at intervals of a week or longer’’ (e.g., weekly, every two weeks, monthly), and requires that the issues be ‘‘published in a given three month period’’ within ‘‘the same calendar year.’’ The proposed rule reflected the current practice that issues must be published at intervals of one week or more, however, the Copyright Alliance noted that publishers sometimes distribute two issues during the same week, such as when a ‘‘special’’ issue is published in addition to a regularly scheduled issue.3 To accommodate these practices, the final rule clarifies that a serial must ‘‘generally’’ be published at intervals of one week or more. The Copyright Alliance also explained that issues may be published in one month but contain an issue date for the following month and, in the case of issues published in December, may contain the issue date 3 Copyright PO 00000 Alliance Comment at 2–3. Frm 00039 Fmt 4700 Sfmt 4700 61547 for January of the following year.4 Based on this information, the final rule eliminates the requirements that the issues themselves must bear issue dates reflecting the same three-month period and the same calendar year. Instead, applicants will be required to provide a publication date for each issue in the group. Fourth, the final rule requires that each issue must be an ‘‘all-new’’ collective work that has not been previously published, and each issue must be fixed and distributed as a discrete, self-contained collective work. The Copyright Alliance expressed concern that this requirement may prevent publishers from registering ‘‘enhanced, digital issues which may contain content hosted on and linked to another platform such as videos and blogs that allow the reader to manipulate or interact with the issue.’’ 5 The Office does not believe a change to the language of the rule is necessary. If a particular issue contains enhanced content, such as an embedded video, the registration will cover that material if it is included within the deposit and if the examiner can access and view that material in the context where it appears within the actual serial.6 Any additional content that appears on the publisher’s website—but does not appear within the issues themselves—must be registered separately. Fifth, the final rule generally requires applicants to register their issues using the online application designated for group serial claims, and eliminates the paper application known as Form SE/ Group.7 Finally, the final rule amends the deposit requirements by requiring applicants to upload their issues in digital form through the electronic registration system, instead of submitting them in a physical form, absent exceptional cases. While the Copyright Alliance agreed that requiring publishers to upload a digital copy of each issue ‘‘will generally ‘increase the efficiency of the group registration 4 Copyright Alliance Comment at 2. Alliance Comment at 2. 6 See U.S. Copyright Office, Compendium of U.S. Copyright Office Practices, sec. 1508.1 (3d ed. 2017) (noting that the Office ‘‘must be able to perceive the entire content of the work, including the context where each element appears within the work as a whole’’). 7 An individual filed a public comment supporting the requirement for applicants to file electronically and stated that he believed this would promote efficiency, reduce the burden on applicants, and encourage broader participation in the registration system. Kotelnikov Comment at 1. The Copyright Alliance also agreed that eliminating the paper form and requiring publishers to use the online application will ‘‘facilitate economy and efficiency.’’ Copyright Alliance Comment at 3. 5 Copyright E:\FR\FM\30NOR1.SGM 30NOR1 61548 Federal Register / Vol. 83, No. 231 / Friday, November 30, 2018 / Rules and Regulations process,’ ’’ it questioned whether the electronic registration system is capable of handling large digital files, whether the process of uploading these files may be burdensome for some publishers, and whether the Office has implemented and deployed robust security measures to protect its digital deposits.8 The Copyright Alliance suggested that the Office should gradually phase out the paper application and continue to accept physical deposits ‘‘[u]ntil the registration system is able to fully accommodate the digital deposit process.’’ 9 After carefully reviewing these comments, the Office has decided to adopt the online digital deposit requirement proposed in the NPRM, but to give publishers time to adjust to this change, the Office will continue to accept physical deposits and paper applications for another twelve months. Generally, if a publisher submits a Form SE/Group or submits a physical deposit after the phase-out period has expired, the Office will refuse to register the claim. The Office has concluded that the other concerns raised by the Copyright Alliance about digital deposits were already adequately addressed by the proposed rule. The Office has accepted digital deposits from serial publishers since September 14, 2012, and is not aware of any technical issues that have prevented them from using the upload feature. The current registration system will accept any digital deposit, as long as it is submitted in an acceptable file format and does not exceed 500MB. And as noted in the proposed rule, the files may be compressed to comply with this limit, if necessary. The Office first introduced its electronic registration system more than a decade ago, and as the Copyright Alliance acknowledged, the Office has not experienced any issues concerning the security of its digital deposits.10 The Office utilizes a multi-level security design to ensure the confidentiality and integrity of the files that are stored within this system. The system is certified to operate at the moderate security level, as defined by the FIPS 200 and SP 800–53 standards published by the National Institute of Standards and Technology.11 The entire system operates on hardware and software that amozie on DSK3GDR082PROD with RULES 8 Copyright Alliance Comment at 3. Alliance Comment at 3. 10 Copyright Alliance Comment at 3. 11 See NIST, Federal Information Processing Standards Publication 200, Minimum Security Requirements for Federal Information and Information Systems, and NIST, Special Publication 800–53, Recommended Security Controls for Federal Information Systems, available at https:// csrc.nist.gov/publications/. 9 Copyright VerDate Sep<11>2014 16:03 Nov 29, 2018 Jkt 247001 is dedicated to this system and it does not share storage resources with other systems. Strict access controls have been placed throughout the system that enforce the principle of ‘‘least privilege,’’ meaning that each type of user may access only what is needed for that particular role. The system is also protected by multiple levels of network firewalls and other network-based security, such as anti-malware protection, and it is continuously monitored to ensure that these security controls remain effective. In addition to these technical measures, the Office’s regulations restrict the parties who may obtain access to its digital registration deposits. Briefly stated, the Office will provide a copy of a registration deposit only if it receives (i) written authorization from the copyright claimant or the owner of the exclusive rights in the work, (ii) a written request from an attorney representing a plaintiff or defendant in litigation involving that work, or (iii) a court order directing the Office to produce a copy of that work for use in a legal proceeding.12 Similarly, regulations restrict how parties may access digital registration deposits that have been transferred to the Library of Congress. Specifically, the Library currently provides access to the digital registration deposits that it receives through the group registration option for newspaper issues, subject to certain conditions specified in the regulations.13 But the Library currently does not provide public access to digital registration deposits for any other type of work, including deposits submitted under the group registration option for serial issues. As noted in the NPRM on group newspapers, the Library would like to expand the regulation to include other types of digital registration deposits, but before doing so, the Office will conduct separate rulemakings to provide notice and seek comment from the public.14 Topics Involving Both the Group Registration Option for Newsletters and the Group Registration Option for Serials The final rule makes four changes that modify the regulations governing both newsletters and serials. First, the rule memorializes the Office’s longstanding position regarding the scope of a group registration. It confirms that a registration for a group of newsletter or serial issues covers each issue in the group. It also confirms that if each issue is a collective work, the registration will cover the articles, photographs, illustrations, or other contributions appearing within those issues if they are fully owned by the copyright claimant and if they were first published in those issues. Second, the rule confirms that newsletter and serial publishers will no longer be required to provide the Library of Congress with complimentary subscriptions to or microfilm copies of their issues as a condition for seeking a group registration under section 408(c)(1) of the Copyright Act. The Copyright Alliance applauded the elimination of this requirement.15 But newsletter and serial issues that are submitted to the Office for purposes of registration will no longer satisfy the mandatory deposit requirement set forth in section 407 of the Copyright Act.16 Third, the rule provides guidance on how newsletter and serial publishers may comply with the mandatory deposit requirement. If a newsletter or serial is published in the United States in a physical format, the publisher will be expected to provide the Library with two complimentary subscriptions to physical copies of that publication, unless the publisher is notified that the newsletter or serial is not needed for the Library’s collections. The rule does not change for newsletters or serials published solely in electronic format; in that case, the publisher will not be expected to provide copies of that publication unless the Office issues a formal demand for that newsletter or serial under section 202.24 of the regulations. Fourth, the final rule includes provisions to address the Copyright Alliance’s concerns about the potential burdens of electronic filing and digital deposit on applicants transitioning from traditional print to digital media.17 These provisions permit the Office to waive the online filing requirement in ‘‘an exceptional case’’ and ‘‘subject to such conditions as the Associate Register and Director of the Office of Registration Policy and Practice may impose on the applicant.’’ Registrants who do not have internet access or are unable to use the online applications may contact the Office, and the Office will review the specific details of their cases and determine their eligibility. 15 Copyright 12 See 37 CFR 201.2(d)(2). 13 See 37 CFR 202.18 (limiting access to electronic works to ‘‘two Library of Congress authorized users via a secure server over a secure network that serves Library of Congress premises’’). 14 See 82 FR at 51377. PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 Alliance Comment at 1. final rule does not apply to newspapers; deposits submitted in compliance with group registration of newspapers also satisfy the mandatory deposit requirement. 37 CFR 202.19(d)(2)(x). 17 Copyright Alliance Comment at 3. 16 The E:\FR\FM\30NOR1.SGM 30NOR1 61549 Federal Register / Vol. 83, No. 231 / Friday, November 30, 2018 / Rules and Regulations The rule also provides that applicants may request special relief under § 202.20(d) if they are unable to comply with the deposit requirements for these group options. These provisions are consistent with recently amended rules for group registration of contributions to periodicals and of photographs (published and unpublished) and for supplemental registration.18 The Office plans to offer several resources for newsletter and serial publishers that should ease the transition to these new requirements, including an updated version of the Compendium of U.S. Copyright Office Practices, Third Edition and updated Circulars that discuss these group registration options and the mandatory deposit requirements for these types of works. The Office will also update the onscreen instructions and help text that accompanies the online applications for each type of claim, and add warnings to the corresponding paper applications to notify applicants that Forms G/DN and SE/Group will soon be phased out. List of Subjects 37 CFR Part 201 Copyright. 37 CFR Part 202 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. Amend § 201.3 by revising paragraph (c)(6) to read as follows: ■ Authority: 17 U.S.C. 702. 2. Amend § 201.1 by revising paragraph (c)(6) to read as follows: ■ § 201.1 Office. * * Communication with the Copyright * * (c) * * * (6) Mandatory Deposit Copies. Mandatory deposit copies of published works submitted for the Library of Congress under 17 U.S.C. 407 and § 202.19 of this chapter (including complimentary subscriptions to serial publications), and newspaper microfilm copies submitted under § 202.4(e) of this chapter, should be addressed to: Library of Congress, U.S. Copyright Office, Attn: 407 Deposits, 101 Independence Avenue SE, Washington, DC 20559– 6600. * * * * * * § 201.3 Fees for registration, recordation, and related services, special services, and services performed by the Licensing Division. * * * (c) * * * * * Fees ($) Registration, recordation and related services * * * * * * (6) Registration of a claim in a group of serials (per issue, minimum two issues) ............................................................................. * * * * * * * * (d) Group registration of serials. Pursuant to the authority granted by 17 U.S.C. 408(c)(1), the Register of Copyrights has determined that a group of serial 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) Eligible works. (i) All the issues in the group must be serials. (ii) The group must include at least two issues. (iii) Each issue in the group must be an all-new collective work that has not been previously published, 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. (iv) 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. (v) The serial generally must be published at intervals of a week or longer. All of the issues must be published within three months, under the same continuing title, within the same calendar year, and the applicant must specify the date of publication for each issue in the group. (2) Application. The applicant may complete and submit the online application designated for a group of serial issues. Alternatively, the 18 37 CFR 202.4(g)(9), (h)(11), (i)(11), 202.6(e)(7); see also 82 FR 47415, 47419 (Oct. 12, 2017) (proposing same for group registration of unpublished works). * * * * * 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 by removing and reserving paragraphs (b)(6) and (9). ■ 6. Amend § 202.4 as follows: ■ a. Add paragraphs (d) and (f). ■ b. In paragraph (l) remove ‘‘through (7), or (9)’’. ■ c. Revise the first sentence of paragraph (n). The additions and revision read as follows: ■ § 202.4 Group registration. * amozie on DSK3GDR082PROD with RULES * VerDate Sep<11>2014 16:03 Nov 29, 2018 Jkt 247001 PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 * * 25 * applicant may complete and submit a paper application using Form SE/Group, provided that the application is received on or before December 30, 2019. The application may be submitted by any of the parties listed in § 202.3(c)(1). (3) Deposit. The applicant must submit one complete copy of each issue that is included in the group. Copies submitted under this paragraph will be considered solely for the purpose of registration under 17 U.S.C. 408, and will not satisfy the mandatory deposit requirement under 17 U.S.C. 407. (i) The issues may be submitted in digital form if the following requirements have been met. 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 E:\FR\FM\30NOR1.SGM 30NOR1 amozie on DSK3GDR082PROD with RULES 61550 Federal Register / Vol. 83, No. 231 / Friday, November 30, 2018 / Rules and Regulations embedded fonts, and be free from any access restrictions (such as those implemented through digital rights management) that prevent the viewing and examination of the work. The file size for each uploaded file must not exceed 500 megabytes, but files may be compressed to comply with this requirement. (ii) Alternatively, the applicant may submit a physical copy of each issue, provided that the deposit is received on or before December 30, 2019. If the claim is submitted with an online application, the copies must be accompanied by the required shipping slip generated by the electronic registration system, the shipping slip must be attached to one of the copies, the copies and the shipping slip must be included in the same package, and the package must be sent to the address specified on the shipping slip. (4) Exceptional cases. In an exceptional case, the Copyright Office may waive the online filing requirement set forth in paragraph (d)(2) of this section or may grant special relief from the deposit requirement under § 202.20(d), subject to such conditions as the Associate Register of Copyrights and Director of the Office of Registration Policy and Practice may impose on the applicant. * * * * * (f) Group registration of newsletters. Pursuant to the authority granted by 17 U.S.C. 408(c)(1), the Register of Copyrights has determined that a group of newsletter 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) Eligible works. (i) All the issues in the group must be newsletters. For purposes of this section, a newsletter is a serial that is published and distributed by mail, electronic media, or other medium, including paper, email, or download. Publication must usually occur at least two days each week and the newsletter must contain news or information that is chiefly of interest to a special group, such as trade and professional associations, colleges, schools, or churches. Newsletters are typically distributed through subscriptions, but are not distributed through newsstands or other retail outlets. (ii) The group must include at least two issues. (iii) Each issue in the group must be an all-new issue or an all-new collective work that has not been previously published, and each issue must be fixed and distributed as a discrete, selfcontained work. VerDate Sep<11>2014 16:03 Nov 29, 2018 Jkt 247001 (iv) The author and claimant for each issue must be the same person or organization. (v) All the issues in the group must be published under the same continuing title, they must be published within the same calendar month and bear issue dates within that month, and the applicant must identify the earliest and latest date that the issues were published during that month. (2) Application. The applicant must complete and submit the online application designated for a group of newsletter issues. The application may be submitted by any of the parties listed in § 202.3(c)(1). (3) Deposit. The applicant must submit one complete copy of each issue that is included in the group. The issues must be submitted in 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) that prevent the viewing and examination of the work. The file size for each uploaded file must not exceed 500 megabytes, but files may be compressed to comply with this requirement. Copies submitted under this paragraph will be considered solely for the purpose of registration under 17 U.S.C. 408, and will not satisfy the mandatory deposit requirement under 17 U.S.C. 407. (4) Exceptional cases. In an exceptional case, the Copyright Office may waive the online filing requirement set forth in paragraph (f)(2) of this section or may grant special relief from the deposit requirement under § 202.20(d), subject to such conditions as the Associate Register of Copyrights and Director of the Office of Registration Policy and Practice may impose on the applicant. * * * * * (n) The scope of a group registration. When the Office issues a group registration under paragraphs (d), (e), or (f) of this section, the registration covers each issue in the group and each issue is registered as a separate work or a PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 separate collective work (as the case may be). * * * * * * * * § 202.6 [Amended] 7. In § 202.6(e)(1) remove ‘‘§ 202.3(b)(6) through (10) or’’; and remove ‘‘SE.’’ and add ‘‘SE’’ in its place. ■ 8. Amend § 202.19 by adding paragraph (d)(2)(xi) to read as follows: ■ § 202.19 Deposit of published copies or phonorecords for the Library of Congress. * * * * * (d) * * * (2) * * * (xi) In the case of serials (as defined in § 202.3(b)(1)(v), but excluding newspapers) published in the United States in a physical format, or in both a physical and an electronic format, the copyright owner or the owner of the exclusive right of publication must provide the Library of Congress with two complimentary subscriptions to the serial, unless the Copyright Acquisitions Division informs the owner that the serial is not needed for the Library’s collections. Subscription copies must be physically mailed to the Copyright Office, at the address for mandatory deposit copies specified in § 201.1(c) of this chapter, promptly after the publication of each issue, and the subscription(s) must be maintained on an ongoing basis. The owner may cancel the subscription(s) if the serial is no longer published by the owner, if the serial is no longer published in the United States in a physical format, or if the Copyright Acquisitions Division informs the owner that the serial is no longer needed for the Library’s collections. In addition, prior to commencing the subscriptions, the owner must send a letter to the Copyright Acquisitions Division at the address specified in § 201.1(b) of this chapter confirming that the owner will provide the requested number of subscriptions for the Library of Congress. The letter must include the name of the publisher, the title of the serial, the International Standard Serial Number (‘‘ISSN’’) that has been assigned to the serial (if any), and the issue date and the numerical or chronological designations that appear on the first issue that will be provided under the subscriptions. * * * * * § 202.20 [Amended] 9. Amend § 202.20 by removing and reserving paragraph (c)(2)(xvii). ■ 10. In Appendix B to Part 202, revise the last sentence of paragraph a. to read as follows: ■ E:\FR\FM\30NOR1.SGM 30NOR1 61551 Federal Register / Vol. 83, No. 231 / Friday, November 30, 2018 / Rules and Regulations Appendix B to Part 202—‘‘Best Edition’’ of Published Copyrighted Works for the Collections of the Library of Congress a. * * * (For works first published only in a country other than the United States, the law requires the deposit of the work as first published.) * * * * * Dated: November 5, 2018. Karyn A. Temple, Acting Register of Copyrights. Approved by: Carla D. Hayden, Librarian of Congress. [FR Doc. 2018–26091 Filed 11–29–18; 8:45 am] BILLING CODE 1410–30–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2018–0413; FRL–9985–75– Region 9] Revisions to California State Implementation Plan; South Coast Air Quality Management District; Stationary Source Permits Environmental Protection Agency (EPA). AGENCY: ACTION: Final rule. The Environmental Protection Agency (EPA) is finalizing action on a revision to the South Coast Air Quality Management District (SCAQMD or District) portion of the California State Implementation Plan (SIP). We are finalizing a conditional approval of one rule governing issuance of permits for stationary sources, including review and permitting of major sources and major modifications under part D of title I of the Clean Air Act (CAA). Specifically, the revision pertains to SCAQMD Rule 1325—Federal PM2.5 New Source Review Program. DATES: This rule will be effective on December 31, 2018. ADDRESSES: The EPA has established a docket for this action under Docket No. EPA–R09–OAR–2018–0413. All documents in the docket are listed on the https://www.regulations.gov website. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy SUMMARY: form. Publicly available docket materials are available through https:// www.regulations.gov, or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information. FOR FURTHER INFORMATION CONTACT: Laura Yannayon, EPA Region 9, (415) 972–3534, yannayon.laura@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, the terms ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA. Table of Contents I. Proposed Action II. Public Comments and EPA Responses III. EPA Action IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. Proposed Action On August 8, 2018 (83 FR 39012), the EPA proposed to conditionally approve the following rule that was submitted for incorporation into the SCAQMD portion of the California SIP. TABLE 1—SUBMITTED RULE Rule No. Rule title 1325 Federal PM2.5 New Source Review Program ............................................................................................ amozie on DSK3GDR082PROD with RULES We proposed a conditional approval of this rule because we determined that, separate from the deficiencies listed in Section II.B of our proposed rulemaking action, the rule met the statutory requirements for SIP revisions as specified in section 110(l) of the CAA, as well as the substantive statutory and regulatory requirements for a nonattainment New Source Review (NSR) permit program as contained in CAA sections 110(a)(2)(C) and 173(a) through (c), and 40 CFR 51.165 that pertain to a PM2.5 nonattainment area classified as Serious. Moreover, we concluded that if the State submits the changes it committed to submit in its July 16, 2018 commitment letter, the identified deficiencies will be cured. II. Public Comments and EPA Responses The EPA’s proposed action provided a 30-day public comment period. During this period, we received two comments on the proposed rule. These comments raised issues that are outside the scope VerDate Sep<11>2014 16:03 Nov 29, 2018 Jkt 247001 Amended of our proposed approval of Rule 1325, including air pollution monitoring in China and India, climate change, and wind and solar power costs and regulations. None of those comments are germane to our evaluation of Rule 1325. III. EPA Action No comments were submitted that change our assessment that submitted Rule 1325 satisfies the applicable CAA requirements. Therefore, under CAA sections 110(k)(4) and 301(a), and for the reasons set forth in our August 8, 2018 proposed rule, we are finalizing the conditional approval of Rule 1325. This action incorporates Rule 1325 into the federally enforceable SIP and will be codified through revisions to 40 CFR 52.220 (Identification of plan) and 40 CFR 52.248 (Identification of plan— conditional approval). If the State meets its commitment to submit the required changes, the revisions to Rule 1325 will remain a part of the SIP until EPA takes final action approving or disapproving the PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 Submitted 11/4/16 5/8/17 new SIP revisions. However, if the State fails to submit these revisions within the required timeframe, the conditional approval will automatically become a disapproval, and EPA will issue a finding of disapproval. EPA is not required to propose the finding of disapproval. In addition, because we are finalizing our proposed action, we are removing the existing Rule 1325 from the SCAQMD portion of the California SIP. IV. Incorporation by Reference In this rule, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of the SCAQMD rule listed in Table 1 of this preamble. The EPA has made, and will continue to make, these materials available electronically through www.regulations.gov and in hard copy at the EPA Region IX Office (please contact the person identified in the FOR E:\FR\FM\30NOR1.SGM 30NOR1

Agencies

[Federal Register Volume 83, Number 231 (Friday, November 30, 2018)]
[Rules and Regulations]
[Pages 61546-61551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26091]


=======================================================================
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LIBRARY OF CONGRESS

Copyright Office

37 CFR Parts 201 and 202

[Docket Nos. 2018-2, 2018-3]


Group Registration of Newsletters and Serials

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

ACTION: Final rule.

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

SUMMARY: The U.S. Copyright Office is amending its regulations 
governing the group registration options for newsletters and serials. 
With respect to group newsletters, the final rule amends the definition 
of ``newsletter,'' eliminating the requirement that each issue must be 
a work made for hire, and the provision stating that group newsletter 
claims must be received within three months after publication. Under 
the final rule, newsletter publishers now should register their issues 
with the online application and upload a digital copy of each issue 
through the electronic registration system instead of submitting them 
in a physical form. With respect to group serials, the final rule 
clarifies that serials governed by the rule generally must be published 
at intervals of a week or longer, and that the publication dates 
provided in the application need not match the dates appearing on the 
issues themselves. In addition, the rule phases out the paper 
application for group serials and the submission of physical copies. 
Beginning one year after the rule goes into effect, serial publishers 
will be required to use the online application for group serials and to 
upload a digital copy of each issue, rather than submitting them in a 
physical form. The final rule updates the regulations for both 
newsletters and serials by confirming that publishers do not need to 
provide the Library of Congress with complimentary subscriptions to or 
microfilm of each issue as a condition for registering their works with 
the Office, but newsletter and serial issues that are submitted for 
purposes of registration will no longer satisfy the mandatory deposit 
requirement. Publishers will be expected to separately provide the 
Library with two complimentary subscriptions if the newsletter or 
serial is published in the United States in a physical format (unless 
the publisher is informed that the publication is not needed for the 
Library's collections). If the newsletter or serial is published solely 
in electronic form, the publisher will remain exempt from mandatory 
deposit

[[Page 61547]]

unless the Office issues a formal demand for copies of that 
publication.

DATES: Effective date: December 31, 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] or 
[email protected]; or Cindy Paige Abramson, Assistant General 
Counsel, by telephone at 202-707-0676, or by email at 
[email protected].

SUPPLEMENTARY INFORMATION: On May 17, 2018, the Copyright Office (the 
``Office'') published two notices of proposed rulemaking (``NPRMs'') 
setting forth proposed amendments to the regulations governing the 
group registration options for newsletters and serials. 83 FR 22902 
(May 17, 2018); 83 FR 22896 (May 17, 2018). The Office did not receive 
any comments in response to the NPRM on group newsletters. In response 
to the NPRM on group serials, the Office received comments from the 
Copyright Alliance and one individual.\1\ Having reviewed and carefully 
considered these comments, the Office is issuing a final rule that is 
nearly identical to the rule proposed in the NPRM on group newsletters, 
and substantially similar to the rule proposed in the NPRM on group 
serials; in both cases, the Office has made a few modifications 
reflecting the concerns raised by the comments regarding online 
registration and electronic submission of deposits regarding group 
registration of serials, which are discussed in more detail below.\2\
---------------------------------------------------------------------------

    \1\ The comments can be found on the Copyright Office's website 
at https://www.copyright.gov/rulemaking/group-serials/.
    \2\ The final rule also includes a few technical amendments. The 
rule has been revised to account for a recent amendment that was 
made by the final rule on group registration of newspapers. See 83 
FR 25375 (June 1, 2018). The rule removes cross-references to the 
prior regulations on newsletters and serials. See 37 CFR 202.4(l), 
202.6(e)(1). It also corrects an error made by the Federal Register 
in publishing the regulation on supplementary registration. See 82 
FR 27424 (June 15, 2017). Specifically, the rule removes the term 
``SE.'' (which is an abbreviation for ``southeast'') and replaces it 
with the term ``SE'' (which is the correct abbreviation for the term 
``serials''). See 37 CFR 202.6(e)(1).
---------------------------------------------------------------------------

Topics Involving Solely the Group Registration Option for Newsletters

    The final rule revises current practices for the group registration 
option for newsletters. It clarifies and expands the category of works 
eligible for this option by amending the definition of what constitutes 
a ``newsletter'' and by making clear that newsletters need not be 
collective works. It also eliminates the work-made-for-hire requirement 
and the requirement that the issues must be submitted within three 
months after publication.
    The final rule also phases out the paper application (known as Form 
G/DN) and generally requires applicants to register their newsletters 
using the designated online application. In addition, it requires 
applicants to upload their newsletters in a digital format through the 
electronic registration system. If an applicant submits Form G/DN after 
the effective date of the final rule, the Office will refuse to 
register the claim. Likewise, the Office will refuse registration if an 
applicant submits physical copies of a newsletter, such as printed 
copies or photocopies, or digital copies that have been saved onto a 
flash drive, disc, or other physical storage medium.

Topics Involving Solely the Group Registration Options for Serials

    The final rule codifies, clarifies, and revises current practices 
for the group registration option for serials.
    First, the final rule requires that each claim must include at 
least two issues, that each issue must be a work made for hire, and 
that the author and copyright claimant for each issue must be the same 
person or organization.
    Second, the final rule eliminates the current requirement that each 
issue must have been created no more than one year prior to 
publication.
    Third, the final rule requires that applicants may only register 
serials that are ``generally . . . published at intervals of a week or 
longer'' (e.g., weekly, every two weeks, monthly), and requires that 
the issues be ``published in a given three month period'' within ``the 
same calendar year.'' The proposed rule reflected the current practice 
that issues must be published at intervals of one week or more, 
however, the Copyright Alliance noted that publishers sometimes 
distribute two issues during the same week, such as when a ``special'' 
issue is published in addition to a regularly scheduled issue.\3\ To 
accommodate these practices, the final rule clarifies that a serial 
must ``generally'' be published at intervals of one week or more. The 
Copyright Alliance also explained that issues may be published in one 
month but contain an issue date for the following month and, in the 
case of issues published in December, may contain the issue date for 
January of the following year.\4\ Based on this information, the final 
rule eliminates the requirements that the issues themselves must bear 
issue dates reflecting the same three-month period and the same 
calendar year. Instead, applicants will be required to provide a 
publication date for each issue in the group.
---------------------------------------------------------------------------

    \3\ Copyright Alliance Comment at 2-3.
    \4\ Copyright Alliance Comment at 2.
---------------------------------------------------------------------------

    Fourth, the final rule requires that each issue must be an ``all-
new'' collective work that has not been previously published, and each 
issue must be fixed and distributed as a discrete, self-contained 
collective work. The Copyright Alliance expressed concern that this 
requirement may prevent publishers from registering ``enhanced, digital 
issues which may contain content hosted on and linked to another 
platform such as videos and blogs that allow the reader to manipulate 
or interact with the issue.'' \5\ The Office does not believe a change 
to the language of the rule is necessary. If a particular issue 
contains enhanced content, such as an embedded video, the registration 
will cover that material if it is included within the deposit and if 
the examiner can access and view that material in the context where it 
appears within the actual serial.\6\ Any additional content that 
appears on the publisher's website--but does not appear within the 
issues themselves--must be registered separately.
---------------------------------------------------------------------------

    \5\ Copyright Alliance Comment at 2.
    \6\ See U.S. Copyright Office, Compendium of U.S. Copyright 
Office Practices, sec. 1508.1 (3d ed. 2017) (noting that the Office 
``must be able to perceive the entire content of the work, including 
the context where each element appears within the work as a 
whole'').
---------------------------------------------------------------------------

    Fifth, the final rule generally requires applicants to register 
their issues using the online application designated for group serial 
claims, and eliminates the paper application known as Form SE/Group.\7\
---------------------------------------------------------------------------

    \7\ An individual filed a public comment supporting the 
requirement for applicants to file electronically and stated that he 
believed this would promote efficiency, reduce the burden on 
applicants, and encourage broader participation in the registration 
system. Kotelnikov Comment at 1. The Copyright Alliance also agreed 
that eliminating the paper form and requiring publishers to use the 
online application will ``facilitate economy and efficiency.'' 
Copyright Alliance Comment at 3.
---------------------------------------------------------------------------

    Finally, the final rule amends the deposit requirements by 
requiring applicants to upload their issues in digital form through the 
electronic registration system, instead of submitting them in a 
physical form, absent exceptional cases. While the Copyright Alliance 
agreed that requiring publishers to upload a digital copy of each issue 
``will generally `increase the efficiency of the group registration

[[Page 61548]]

process,' '' it questioned whether the electronic registration system 
is capable of handling large digital files, whether the process of 
uploading these files may be burdensome for some publishers, and 
whether the Office has implemented and deployed robust security 
measures to protect its digital deposits.\8\ The Copyright Alliance 
suggested that the Office should gradually phase out the paper 
application and continue to accept physical deposits ``[u]ntil the 
registration system is able to fully accommodate the digital deposit 
process.'' \9\ After carefully reviewing these comments, the Office has 
decided to adopt the online digital deposit requirement proposed in the 
NPRM, but to give publishers time to adjust to this change, the Office 
will continue to accept physical deposits and paper applications for 
another twelve months. Generally, if a publisher submits a Form SE/
Group or submits a physical deposit after the phase-out period has 
expired, the Office will refuse to register the claim.
---------------------------------------------------------------------------

    \8\ Copyright Alliance Comment at 3.
    \9\ Copyright Alliance Comment at 3.
---------------------------------------------------------------------------

    The Office has concluded that the other concerns raised by the 
Copyright Alliance about digital deposits were already adequately 
addressed by the proposed rule. The Office has accepted digital 
deposits from serial publishers since September 14, 2012, and is not 
aware of any technical issues that have prevented them from using the 
upload feature. The current registration system will accept any digital 
deposit, as long as it is submitted in an acceptable file format and 
does not exceed 500MB. And as noted in the proposed rule, the files may 
be compressed to comply with this limit, if necessary.
    The Office first introduced its electronic registration system more 
than a decade ago, and as the Copyright Alliance acknowledged, the 
Office has not experienced any issues concerning the security of its 
digital deposits.\10\ The Office utilizes a multi-level security design 
to ensure the confidentiality and integrity of the files that are 
stored within this system. The system is certified to operate at the 
moderate security level, as defined by the FIPS 200 and SP 800-53 
standards published by the National Institute of Standards and 
Technology.\11\ The entire system operates on hardware and software 
that is dedicated to this system and it does not share storage 
resources with other systems. Strict access controls have been placed 
throughout the system that enforce the principle of ``least 
privilege,'' meaning that each type of user may access only what is 
needed for that particular role. The system is also protected by 
multiple levels of network firewalls and other network-based security, 
such as anti-malware protection, and it is continuously monitored to 
ensure that these security controls remain effective.
---------------------------------------------------------------------------

    \10\ Copyright Alliance Comment at 3.
    \11\ See NIST, Federal Information Processing Standards 
Publication 200, Minimum Security Requirements for Federal 
Information and Information Systems, and NIST, Special Publication 
800-53, Recommended Security Controls for Federal Information 
Systems, available at https://csrc.nist.gov/publications/.
---------------------------------------------------------------------------

    In addition to these technical measures, the Office's regulations 
restrict the parties who may obtain access to its digital registration 
deposits. Briefly stated, the Office will provide a copy of a 
registration deposit only if it receives (i) written authorization from 
the copyright claimant or the owner of the exclusive rights in the 
work, (ii) a written request from an attorney representing a plaintiff 
or defendant in litigation involving that work, or (iii) a court order 
directing the Office to produce a copy of that work for use in a legal 
proceeding.\12\
---------------------------------------------------------------------------

    \12\ See 37 CFR 201.2(d)(2).
---------------------------------------------------------------------------

    Similarly, regulations restrict how parties may access digital 
registration deposits that have been transferred to the Library of 
Congress. Specifically, the Library currently provides access to the 
digital registration deposits that it receives through the group 
registration option for newspaper issues, subject to certain conditions 
specified in the regulations.\13\ But the Library currently does not 
provide public access to digital registration deposits for any other 
type of work, including deposits submitted under the group registration 
option for serial issues. As noted in the NPRM on group newspapers, the 
Library would like to expand the regulation to include other types of 
digital registration deposits, but before doing so, the Office will 
conduct separate rulemakings to provide notice and seek comment from 
the public.\14\
---------------------------------------------------------------------------

    \13\ See 37 CFR 202.18 (limiting access to electronic works to 
``two Library of Congress authorized users via a secure server over 
a secure network that serves Library of Congress premises'').
    \14\ See 82 FR at 51377.
---------------------------------------------------------------------------

Topics Involving Both the Group Registration Option for Newsletters and 
the Group Registration Option for Serials

    The final rule makes four changes that modify the regulations 
governing both newsletters and serials.
    First, the rule memorializes the Office's longstanding position 
regarding the scope of a group registration. It confirms that a 
registration for a group of newsletter or serial issues covers each 
issue in the group. It also confirms that if each issue is a collective 
work, the registration will cover the articles, photographs, 
illustrations, or other contributions appearing within those issues if 
they are fully owned by the copyright claimant and if they were first 
published in those issues.
    Second, the rule confirms that newsletter and serial publishers 
will no longer be required to provide the Library of Congress with 
complimentary subscriptions to or microfilm copies of their issues as a 
condition for seeking a group registration under section 408(c)(1) of 
the Copyright Act. The Copyright Alliance applauded the elimination of 
this requirement.\15\ But newsletter and serial issues that are 
submitted to the Office for purposes of registration will no longer 
satisfy the mandatory deposit requirement set forth in section 407 of 
the Copyright Act.\16\
---------------------------------------------------------------------------

    \15\ Copyright Alliance Comment at 1.
    \16\ The final rule does not apply to newspapers; deposits 
submitted in compliance with group registration of newspapers also 
satisfy the mandatory deposit requirement. 37 CFR 202.19(d)(2)(x).
---------------------------------------------------------------------------

    Third, the rule provides guidance on how newsletter and serial 
publishers may comply with the mandatory deposit requirement. If a 
newsletter or serial is published in the United States in a physical 
format, the publisher will be expected to provide the Library with two 
complimentary subscriptions to physical copies of that publication, 
unless the publisher is notified that the newsletter or serial is not 
needed for the Library's collections. The rule does not change for 
newsletters or serials published solely in electronic format; in that 
case, the publisher will not be expected to provide copies of that 
publication unless the Office issues a formal demand for that 
newsletter or serial under section 202.24 of the regulations.
    Fourth, the final rule includes provisions to address the Copyright 
Alliance's concerns about the potential burdens of electronic filing 
and digital deposit on applicants transitioning from traditional print 
to digital media.\17\ These provisions permit the Office to waive the 
online filing requirement in ``an exceptional case'' and ``subject to 
such conditions as the Associate Register and Director of the Office of 
Registration Policy and Practice may impose on the applicant.'' 
Registrants who do not have internet access or are unable to use the 
online applications may contact the Office, and the Office will review 
the specific details of their cases and determine their eligibility.

[[Page 61549]]

The rule also provides that applicants may request special relief under 
Sec.  202.20(d) if they are unable to comply with the deposit 
requirements for these group options. These provisions are consistent 
with recently amended rules for group registration of contributions to 
periodicals and of photographs (published and unpublished) and for 
supplemental registration.\18\
---------------------------------------------------------------------------

    \17\ Copyright Alliance Comment at 3.
    \18\ 37 CFR 202.4(g)(9), (h)(11), (i)(11), 202.6(e)(7); see also 
82 FR 47415, 47419 (Oct. 12, 2017) (proposing same for group 
registration of unpublished works).
---------------------------------------------------------------------------

    The Office plans to offer several resources for newsletter and 
serial publishers that should ease the transition to these new 
requirements, including an updated version of the Compendium of U.S. 
Copyright Office Practices, Third Edition and updated Circulars that 
discuss these group registration options and the mandatory deposit 
requirements for these types of works. The Office will also update the 
onscreen instructions and help text that accompanies the online 
applications for each type of claim, and add warnings to the 
corresponding paper applications to notify applicants that Forms G/DN 
and SE/Group will soon be phased out.

List of Subjects

37 CFR Part 201

    Copyright.

37 CFR Part 202

    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. Amend Sec.  201.1 by revising paragraph (c)(6) to read as follows:


Sec.  201.1   Communication with the Copyright Office.

* * * * *
    (c) * * *
    (6) Mandatory Deposit Copies. Mandatory deposit copies of published 
works submitted for the Library of Congress under 17 U.S.C. 407 and 
Sec.  202.19 of this chapter (including complimentary subscriptions to 
serial publications), and newspaper microfilm copies submitted under 
Sec.  202.4(e) of this chapter, should be addressed to: Library of 
Congress, U.S. Copyright Office, Attn: 407 Deposits, 101 Independence 
Avenue SE, Washington, DC 20559-6600.
* * * * *

0
3. Amend Sec.  201.3 by revising paragraph (c)(6) to read as follows:


Sec.  201.3   Fees for registration, recordation, and related services, 
special services, and services performed by the Licensing Division.

* * * * *
    (c) * * *

------------------------------------------------------------------------
     Registration, recordation and related services          Fees ($)
------------------------------------------------------------------------
 
                              * * * * * * *
(6) Registration of a claim in a group of serials (per                25
 issue, minimum two issues).............................
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *

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 by removing and reserving paragraphs (b)(6) and 
(9).
0
6. Amend Sec.  202.4 as follows:
0
a. Add paragraphs (d) and (f).
0
b. In paragraph (l) remove ``through (7), or (9)''.
0
c. Revise the first sentence of paragraph (n).
    The additions and revision read as follows:


Sec.  202.4   Group registration.

* * * * *
    (d) Group registration of serials. Pursuant to the authority 
granted by 17 U.S.C. 408(c)(1), the Register of Copyrights has 
determined that a group of serial 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) Eligible works. (i) All the issues in the group must be 
serials.
    (ii) The group must include at least two issues.
    (iii) Each issue in the group must be an all-new collective work 
that has not been previously published, 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.
    (iv) 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.
    (v) The serial generally must be published at intervals of a week 
or longer. All of the issues must be published within three months, 
under the same continuing title, within the same calendar year, and the 
applicant must specify the date of publication for each issue in the 
group.
    (2) Application. The applicant may complete and submit the online 
application designated for a group of serial issues. Alternatively, the 
applicant may complete and submit a paper application using Form SE/
Group, provided that the application is received on or before December 
30, 2019. The application may be submitted by any of the parties listed 
in Sec.  202.3(c)(1).
    (3) Deposit. The applicant must submit one complete copy of each 
issue that is included in the group. Copies submitted under this 
paragraph will be considered solely for the purpose of registration 
under 17 U.S.C. 408, and will not satisfy the mandatory deposit 
requirement under 17 U.S.C. 407.
    (i) The issues may be submitted in digital form if the following 
requirements have been met. 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

[[Page 61550]]

embedded fonts, and be free from any access restrictions (such as those 
implemented through digital rights management) that prevent the viewing 
and examination of the work. The file size for each uploaded file must 
not exceed 500 megabytes, but files may be compressed to comply with 
this requirement.
    (ii) Alternatively, the applicant may submit a physical copy of 
each issue, provided that the deposit is received on or before December 
30, 2019. If the claim is submitted with an online application, the 
copies must be accompanied by the required shipping slip generated by 
the electronic registration system, the shipping slip must be attached 
to one of the copies, the copies and the shipping slip must be included 
in the same package, and the package must be sent to the address 
specified on the shipping slip.
    (4) Exceptional cases. In an exceptional case, the Copyright Office 
may waive the online filing requirement set forth in paragraph (d)(2) 
of this section or may grant special relief from the deposit 
requirement under Sec.  202.20(d), subject to such conditions as the 
Associate Register of Copyrights and Director of the Office of 
Registration Policy and Practice may impose on the applicant.
* * * * *
    (f) Group registration of newsletters. Pursuant to the authority 
granted by 17 U.S.C. 408(c)(1), the Register of Copyrights has 
determined that a group of newsletter 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) Eligible works. (i) All the issues in the group must be 
newsletters. For purposes of this section, a newsletter is a serial 
that is published and distributed by mail, electronic media, or other 
medium, including paper, email, or download. Publication must usually 
occur at least two days each week and the newsletter must contain news 
or information that is chiefly of interest to a special group, such as 
trade and professional associations, colleges, schools, or churches. 
Newsletters are typically distributed through subscriptions, but are 
not distributed through newsstands or other retail outlets.
    (ii) The group must include at least two issues.
    (iii) Each issue in the group must be an all-new issue or an all-
new collective work that has not been previously published, and each 
issue must be fixed and distributed as a discrete, self-contained work.
    (iv) The author and claimant for each issue must be the same person 
or organization.
    (v) All the issues in the group must be published under the same 
continuing title, they must be published within the same calendar month 
and bear issue dates within that month, and the applicant must identify 
the earliest and latest date that the issues were published during that 
month.
    (2) Application. The applicant must complete and submit the online 
application designated for a group of newsletter issues. The 
application may be submitted by any of the parties listed in Sec.  
202.3(c)(1).
    (3) Deposit. The applicant must submit one complete copy of each 
issue that is included in the group. The issues must be submitted in 
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) that prevent the viewing and examination of the work. The 
file size for each uploaded file must not exceed 500 megabytes, but 
files may be compressed to comply with this requirement. Copies 
submitted under this paragraph will be considered solely for the 
purpose of registration under 17 U.S.C. 408, and will not satisfy the 
mandatory deposit requirement under 17 U.S.C. 407.
    (4) Exceptional cases. In an exceptional case, the Copyright Office 
may waive the online filing requirement set forth in paragraph (f)(2) 
of this section or may grant special relief from the deposit 
requirement under Sec.  202.20(d), subject to such conditions as the 
Associate Register of Copyrights and Director of the Office of 
Registration Policy and Practice may impose on the applicant.
* * * * *
    (n) The scope of a group registration. When the Office issues a 
group registration under paragraphs (d), (e), or (f) of this section, 
the registration covers each issue in the group and each issue is 
registered as a separate work or a separate collective work (as the 
case may be). * * *
* * * * *


Sec.  202.6  [Amended]

0
7. In Sec.  202.6(e)(1) remove ``Sec.  202.3(b)(6) through (10) or''; 
and remove ``SE.'' and add ``SE'' in its place.

0
8. Amend Sec.  202.19 by adding paragraph (d)(2)(xi) to read as 
follows:


Sec.  202.19   Deposit of published copies or phonorecords for the 
Library of Congress.

* * * * *
    (d) * * *
    (2) * * *
    (xi) In the case of serials (as defined in Sec.  202.3(b)(1)(v), 
but excluding newspapers) published in the United States in a physical 
format, or in both a physical and an electronic format, the copyright 
owner or the owner of the exclusive right of publication must provide 
the Library of Congress with two complimentary subscriptions to the 
serial, unless the Copyright Acquisitions Division informs the owner 
that the serial is not needed for the Library's collections. 
Subscription copies must be physically mailed to the Copyright Office, 
at the address for mandatory deposit copies specified in Sec.  201.1(c) 
of this chapter, promptly after the publication of each issue, and the 
subscription(s) must be maintained on an ongoing basis. The owner may 
cancel the subscription(s) if the serial is no longer published by the 
owner, if the serial is no longer published in the United States in a 
physical format, or if the Copyright Acquisitions Division informs the 
owner that the serial is no longer needed for the Library's 
collections. In addition, prior to commencing the subscriptions, the 
owner must send a letter to the Copyright Acquisitions Division at the 
address specified in Sec.  201.1(b) of this chapter confirming that the 
owner will provide the requested number of subscriptions for the 
Library of Congress. The letter must include the name of the publisher, 
the title of the serial, the International Standard Serial Number 
(``ISSN'') that has been assigned to the serial (if any), and the issue 
date and the numerical or chronological designations that appear on the 
first issue that will be provided under the subscriptions.
* * * * *


Sec.  202.20   [Amended]

0
9. Amend Sec.  202.20 by removing and reserving paragraph (c)(2)(xvii).

0
10. In Appendix B to Part 202, revise the last sentence of paragraph a. 
to read as follows:

[[Page 61551]]

Appendix B to Part 202--``Best Edition'' of Published Copyrighted Works 
for the Collections of the Library of Congress

    a. * * * (For works first published only in a country other than 
the United States, the law requires the deposit of the work as first 
published.)
* * * * *

    Dated: November 5, 2018.
Karyn A. Temple,
Acting Register of Copyrights.
    Approved by:
Carla D. Hayden,
Librarian of Congress.
[FR Doc. 2018-26091 Filed 11-29-18; 8:45 am]
 BILLING CODE 1410-30-P

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