Copyright Office Fees, 29135-29138 [2019-12976]

Agencies

• Library of Congress
• Copyright Office

[Federal Register Volume 84, Number 120 (Friday, June 21, 2019)]
[Proposed Rules]
[Pages 29135-29138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12976]


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LIBRARY OF CONGRESS

 Copyright Office

37 CFR Part 201

[Docket No. 2018-4]


Copyright Office Fees

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

ACTION: Supplemental notice of proposed rulemaking.

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SUMMARY: As part of its ongoing fee study, the Copyright Office 
proposes limited revisions to its previously proposed fee schedule 
relating to document recordation and new prospective group registration 
options. The proposed modifications would adjust the fee structure for 
document recordation from a fee formula based on the number of titles 
to a formula based on the number of works and alternate titles and 
registration numbers to which a document pertains, and make certain 
other clarifications. The Office is also noticing its intention to 
issue fees for its previously-proposed group registration options for 
short online literary works and for works contained on an album of 
music. The Office is providing an opportunity to the public to comment 
on these specific proposed changes before the Office's fee schedule is 
submitted to Congress.

DATES: Written comments must be received no later than 11:59 p.m. 
Eastern Time on July 22, 2019.

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's website 
at https://www.copyright.gov/rulemaking/feestudy2018/. 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.

[[Page 29136]]


FOR FURTHER INFORMATION CONTACT: Regan A. Smith, General Counsel and 
Associate Register of Copyrights, by email at [email protected], or 
Jalyce Mangum, Attorney-Advisor, by email at [email protected], or by 
telephone at 202-707-8350.

SUPPLEMENTARY INFORMATION: 

I. Fees Pertaining to Document Recordation

    On May 24, 2018, the Copyright Office issued a notice of proposed 
rulemaking proposing a new fee schedule for Copyright Office services 
(the ``2018 NPRM'').\1\ Included in the proposal were revised fees for 
recording documents with the Office, including transfers of copyright 
ownership and notices of termination.\2\ As mentioned in that notice, 
the Copyright Office is developing a new electronic system through 
which the public will be able to submit documents for recordation 
online.\3\ The Office is also in the process of generally modernizing 
its recordation rules and practices.\4\ In evaluating the Office's 
current recordation practices, the Office has now tentatively concluded 
that it should adjust the structure of its fees as detailed in the 2018 
NPRM. Specifically, the Office proposes to switch from a fee formula 
based on the number of titles to a fee formula based on the number of 
works, which are identified by one title and/or registration number, 
and the number of alternate identifiers (alternate titles and 
registration numbers) to which a document pertains.
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    \1\ Copyright Office Fees, 83 FR 24054 (May 24, 2018). 163 
comments were filed in response to the 2018 NPRM, and the Office's 
careful consideration of those comments will be reflected in its 
forthcoming study submitted to Congress pursuant to 17 U.S.C. 
701(b), as well as any eventual adjustment instituted to the fee 
schedule. The focus of this supplemental NPRM, however, is on 
additional, targeted changes to the fee schedule, and the Office is 
not currently seeking additional comment on those proposed changes 
previously noticed in 2018.
    \2\ Id. at 24061.
    \3\ Id.
    \4\ See Modernizing Copyright Recordation, 82 FR 52213 (Nov. 13, 
2017); Modernizing Copyright Recordation, 82 FR 22771 (May 18, 
2017).
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    The fee proposed in the 2018 NPRM, like the current recordation 
filing fee, is comprised of (1) a base fee that includes one title, and 
(2) a ``titles fee'' for any additional titles beyond the first 
(sometimes called ``alternate titles'').\5\ Under this structure, the 
Office calculates the appropriate filing fee by counting the total 
number of title names for works to which the document pertains. For 
example, a single work for which four different names are provided 
would have a title count of four for fee purposes (e.g., ``Harold & 
Kumar 2,'' also known as ``Harold and Kumar 2,'' also known as 
``Untitled Harold and Kumar sequel,'' also known as ``Harold & Kumar go 
to Amsterdam'' \6\). If Copyright Office registration numbers are also 
provided for works identified in a document (whether through an 
electronic title list or otherwise), the titles fee is the same, even 
though it costs the Office more to process the document because of the 
extra work involved for staff to manually index those numbers when no 
electronic title list is provided.\7\ Thus, the current titles fee does 
not recognize the added benefit remitters receive by providing 
registration numbers in addition to title names.\8\ Similarly, no 
title-related fee is collected where a document only identifies the 
works to which it pertains by using registration numbers, even though 
the remitter of a document indexed by registration numbers may benefit 
from the same constructive notice as a remitter recording a document 
that identifies works by their titles.
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    \5\ 83 FR at 24061; 37 CFR 201.3(c)(18).
    \6\ See Document Number V3548D204 (2007).
    \7\ An electronic title list is a list of certain indexing 
information about the works to which a document pertains, such as 
their titles, types, registration numbers, and authorship 
information.
    \8\ Cf. Fees for Electronic Recordation and Notices of Intention 
To Obtain a Compulsory License, 82 FR 52221, 52222-23 (Nov. 13, 
2017) (``Under this scheme, larger filers submitting documents with 
a larger number of titles pay a higher fee for the added benefit 
they receive (when the fee is viewed on a per-title basis) to offset 
the lower total fee for smaller filers with fewer titles.'').
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    The Office now proposes to retain the group and tier structures 
previously proposed, but to base them on the number of works, which are 
identified by one title and/or registration number, and alternate 
identifiers (alternate titles and registration numbers) related to a 
document, rather than the number of titles. Under this structure, the 
first title and/or first registration number provided for a particular 
work constitutes a work. In other words, if a remitter describes a work 
using (i) only a single title name, (ii) only a single registration 
number, or (iii) both one title name and one registration number, then 
each description would count as one ``work'' for fee purposes.\9\ In 
particular, this change is intended to encourage remitters to include a 
registration number that matches to a title, by clarifying that it will 
be indexed and at no additional cost. Where a work is identified by 
multiple title names or multiple registration numbers, every additional 
title name and additional registration number provided beyond the first 
would count as an alternate identifier. Thus, if a remitter describes a 
work using one title name, one registration number, and three 
additional title names, then the fee would be equal to the base fee 
plus the fee for three alternate identifiers.\10\
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    \9\ For example, a recorded work would be calculated as a single 
fee regardless of whether it was identified as ``Harold and Kumar 
2,'' ``PAu003086781,'' or ``Harold and Kumar 2; PAu003086781.''
    \10\ For example, if a document that pertains to one work 
(``Harold & Kumar 2''), and contains one primary title (``Harold & 
Kumar 2''), one corresponding registration number 
(``PAu003086781''), and three alternate titles (``Harold and Kumar 
2,'' ``Untitled Harold and Kumar sequel,'' and ``Harold & Kumar go 
to Amsterdam''), the fee would be equal to the base fee plus the fee 
for three alternate identifiers.
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    By adjusting the fee structure, the Office hopes to encourage the 
recordation of alternative titles that a remitter submits for the 
record, and, if applicable, any additional registration numbers that 
may pertain to the same work. As a rule, the Office issues only one 
basic registration for a work. However, there are exceptions that 
permit multiple registrations numbers for one work. For example, if a 
work was previously registered as an unpublished work, the Office will 
issue an additional registration for the first published edition of 
that work, even if the published version ``is substantially the same as 
the unpublished version.'' \11\ Additionally, where someone other than 
the author is identified as copyright claimant in a registration, the 
Office will issue an additional registration for the same work to the 
author or joint author who seeks to name him or herself as the 
claimant.\12\ A remitter may also have multiple registration numbers 
that pertain to renewal and supplementary registrations.
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    \11\ 17 U.S.C. 408(e) (``Registration for the first published 
edition of a work previously registered in unpublished form may be 
made even though the work as published is substantially the same as 
the unpublished version.''); 37 CFR 202.3(b)(11)(i).
    \12\ 37 CFR 202.3(b)(11)(ii) & n.2. This policy aligns ``with 
the fundamental thrust of the [Copyright Act of 1976] in identifying 
copyright, and the origin of all rights comprised in a copyright, 
with the author.'' Applications for Registration of Claim to 
Copyright Under Revised Copyright Act, 42 FR 48944, 48946 (Sept. 26, 
1977).
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    This change is expected to better equalize the fee structure for 
document recordation without significantly altering the fees that most 
remitters pay. In practice, the number of remitters that submit 
documents for recordation with multiple registration numbers for each 
work or documents that only contain registration numbers without any 
titles is relatively small, meaning that this proposed fee change 
should not impact most filers.\13\ Finally, the differences between 
this proposed fee schedule and

[[Page 29137]]

the proposal set forth in the 2018 NPRM relate to the description of 
the base fee and of ``additional works and alternative identifiers''; 
the actual proposed monetary amounts remain the same.
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    \13\ The current fee structure already charges remitters for 
providing additional titles for a work.
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    The following examples illustrate the fee calculation under the 
proposed structure:
     If a document pertains to 20 works, and contains one title 
for each work, the fee would be equal to the base fee plus the fee for 
19 additional works.
     If a document pertains to 20 works, and contains one 
registration number for each work, the fee would be equal to the base 
fee plus the fee for 19 additional works.
     If a document pertains to 20 works, and contains one title 
and one registration number for each work, the fee would still be equal 
to the base fee plus the fee for 19 additional works.
     If a document pertains to 20 works, and contains 20 
primary titles, 20 corresponding registration numbers, and 10 alternate 
titles, the fee would be equal to the base fee plus the fee for 19 
additional works and 10 alternate identifiers.\14\
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    \14\ For example, if a document that pertains to three works 
(``Harold and Kumar,'' ``Harold and Kumar 2,'' and ``Harold and 
Kumar 3''), and contains three primary titles, three corresponding 
registration numbers, and nine alternate titles, the fee would be 
equal to the base fee plus the fee for two works and nine alternate 
identifiers.
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     If a document pertains to 20 works, and contains 20 
primary titles, 20 corresponding registration numbers, 10 alternate 
titles, and 10 additional registration numbers, the fee would be equal 
to the base fee plus the fee for 19 additional works and 20 alternate 
identifiers.\15\
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    \15\ For example, if a document that pertains to three works 
(``Harold and Kumar,'' ``Harold and Kumar 2,'' and ``Harold and 
Kumar 3''), and contains three primary titles, three corresponding 
registration numbers, nine alternate titles, and three alternate 
registration numbers for the unpublished versions of the works (a 
rare occurrence for motion pictures, but used to illustrate the 
structure), the fee would be equal to the base fee plus the fee for 
two works and 12 alternate identifiers.
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    The Office recognizes the general benefit to the public in having a 
more robust records catalog that includes more registration numbers for 
recorded documents, and does not wish for any new fees to overburden 
remitters and deter them from providing registration numbers. At the 
same time, the Office seeks to better recoup its costs and believes 
that those costs should be more equitably allocated among remitters 
based on the size of their filing. The Office is thus considering 
making changes to the fee schedule for recordation and related services 
to appear at 37 CFR 201.3(c):

------------------------------------------------------------------------
                                           Current fees    Proposed fees
    Recordation and related services            ($)             ($)
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(1) Recordation of a document, including  ..............  ..............
 a notice of termination and a notice of
 intention to enforce a restored
 copyright:.............................
    (i) Base fee (includes 1 work         ..............  ..............
     identified by 1 title and/or
     registration number):..............
        Paper...........................             105             125
        Electronic......................         New fee              95
    (ii) Additional transfer (per                    105              95
     transfer) (for documents recorded
     under 17 U.S.C. 205)...............
    (iii) Additional works and alternate  ..............  ..............
     identifiers:.......................
        Paper (per group of 10 or fewer               35              60
         additional works and alternate
         identifiers)...................
        Electronic:
            1 to 50 additional works and              60              60
             alternate identifiers......
            51 to 500 additional works               225             225
             and alternate identifiers..
            501 to 1,000 additional                  390             390
             works and alternate
             identifiers................
            1,001 to 10,000 additional               555             555
             works and alternate
             identifiers................
            10,001 or more additional              5,500           5,500
             works and alternate
             identifiers................
    (iv) Correction of online Public                   7               7
     Catalog data due to erroneous
     electronic title submission (per
     work or alternate identifier)......
(2) To calculate the fee specified by     ..............  ..............
 paragraph (1), for each work identified
 in a document: (a) The first title and/
 or first registration number provided
 for that particular work constitutes a
 work; and (b) each additional title and
 registration number provided for that
 particular work beyond the first
 constitutes an alternate identifier....
(3) Special handling surcharge for                   550             700
 recordation of documents...............
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    Additionally, the Office further proposes to extend to notices of 
termination the previously proposed reduced fees for electronic 
submission. It was a technical oversight not to include that proposal 
in the 2018 NPRM. Although electronic title lists may not currently be 
submitted with notices of termination, remitters will eventually be 
able to submit notices through the Office's electronic recordation 
system, and authors seeking to record their notices of termination 
should get the same discount for electronic filing offered to remitters 
of other types of recordable documents.\16\
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    \16\ The Office did not include in the 2018 NPRM the existing 
fee for correcting data in the public catalog that is incorrect due 
to erroneous information contained in an electronic title list. That 
was also a technical oversight, and that fee has now been added to 
the proposed fee schedule without change.
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II. Fees Pertaining to New Group Registration Options

    The Office proposes fees for new group registration options that 
have recently been or will soon be established through rulemakings. The 
Office has recently proposed new group registration options for short 
online literary works \17\ and for musical works, sound recordings, and 
certain other works contained on an album of music.\18\ Under the 
proposed rules, applicants will be required to submit their claims 
through the electronic registration system, and they will be required 
to use the Standard Application. For these options, the Office proposes 
a filing fee equal to the fee that currently applies to any claim 
submitted on the Standard Application. In the 2018 NPRM, the Office 
proposed to increase this fee from $55 to $75.\19\ If that proposal is 
adopted, the new fee will apply to any claim submitted on the Standard 
Application, including claims submitted under these new group 
registration options. Although these proposed group registration 
options will follow the Standard Application procedures, to avoid 
confusion, the Office proposes enumerating these new group options

[[Page 29138]]

separately on its fee schedule and is now noticing them for public 
comment. Currently, the Office does not have the ability to charge 
differential prices when claims in multiple works are submitted on the 
Standard Application. However, the Office will consider different 
pricing models for such claims as it begins to develop the technical 
and legal requirements for its next-generation registration system.\20\
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    \17\ Group Registration of Short Online Literary Works, 83 FR 
65612 (Dec. 21, 2018).
    \18\ 84 FR 22762 (May 20, 2019).
    \19\ 83 FR 24054, 24057 (May 24, 2018).
    \20\ See Registration Modernization, 83 FR 52336, 52339 (Oct. 
17, 2018).
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    As such, the Office is considering a new fee for new group 
registration options for short online literary works and for musical 
works, sound recordings, and certain other works contained on an album 
to appear at 37 CFR 201.3(c):

------------------------------------------------------------------------
                                                           Proposed fees
        Group registrations           Current fees ($)          ($)
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                              * * * * * * *
(10) Group registration of short    New Fee.............              75
 online literary works.
(11) Group registration of musical  New Fee.............              75
 works, sound recordings, and
 certain other works contained on
 an album.
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    The Office welcomes comment on these proposed changes.

    Dated: June 14, 2019.
Regan A. Smith,
General Counsel and Associate Register of Copyrights.
[FR Doc. 2019-12976 Filed 6-20-19; 8:45 am]
 BILLING CODE 1410-30-P