Email Rule for Statutory Litigation Notices, 10603-10605 [2020-02374]
Download as PDF
<![CDATA[
10603
Federal Register / Vol. 85, No. 37 / Tuesday, February 25, 2020 / Rules and Regulations
capability for light work, which includes the
ability to do sedentary work, represents the
capability for substantial numbers of such
jobs. This, in turn, represents substantial
significance. Similarly, the lack of relevant
work experience would have little
significance since the bulk of unskilled jobs
require no qualifying work experience. The
vocational scope for younger individuals (age
18–49), even if they are illiterate.
TABLE NO. 2—RESIDUAL FUNCTIONAL CAPACITY: MAXIMUM SUSTAINED WORK CAPABILITY LIMITED TO LIGHT WORK AS A
RESULT OF SEVERE MEDICALLY DETERMINABLE IMPAIRMENT(S)
Rule
Age
Education
*
202.09 ............................................
*
*
Illiterate .........................................
*
*
Unskilled or none ......................... Disabled.
202.10 ............................................
*
*
Closely approaching advanced
age.
......do ...........................................
Limited or Marginal, but not Illiterate.
......do ...........................................
*
202.16 ............................................
202.17 ............................................
*
*
Younger individual ........................
......do ...........................................
*
*
Illiterate .........................................
Limited or Marginal, but not Illiterate.
*
*
Unskilled or none .........................
......do ...........................................
*
*
*
*
*
*
*
Previous work experience
*
*
*
Decision
Not disabled.
Do.
Do.
*
203.00 * * *
*
TABLE NO. 3—RESIDUAL FUNCTIONAL CAPACITY: MAXIMUM SUSTAINED WORK CAPABILITY LIMITED TO MEDIUM WORK AS
A RESULT OF SEVERE MEDICALLY DETERMINABLE IMPAIRMENT(S)
Rule
Age
203.01 ............................................
*
*
*
*
Closely
age.
approaching
*
*
4. The authority citation for subpart I
of part 416 continues to read as follows:
Authority: Secs. 221(m), 702(a)(5), 1611,
1614, 1619, 1631(a), (c), (d)(1), and (p), and
1633 of the Social Security Act (42 U.S.C.
421(m), 902(a)(5), 1382, 1382c, 1382h,
1383(a), (c), (d)(1), and (p), and 1383b); secs.
4(c) and 5, 6(c)–(e), 14(a), and 15, Pub. L. 98–
460, 98 Stat. 1794, 1801, 1802, and 1808 (42
U.S.C. 421 note, 423 note, and 1382h note).
5. Amend § 416.964 by:
a. Removing the sixth sentence of
paragraph (b) introductory text and
paragraph (b)(5);
■ b. Redesignating paragraph (b)(6) as
paragraph (c); and
■ c. Revising the first sentence of newly
redesignated paragraph (c).
The revision reads as follows:
jbell on DSKJLSW7X2PROD with RULES
■
■
Your education as a vocational
*
*
*
*
(c) Information about your education.
We will ask you how long you attended
school, and whether you are able to
understand, read, and write, and do at
Jkt 250001
*
*
BILLING CODE 4191–02–P
■
18:34 Feb 24, 2020
Unskilled or none .........................
[FR Doc. 2020–03199 Filed 2–24–20; 8:45 am]
Subpart I—Determining Disability and
Blindness
VerDate Sep<11>2014
Marginal or Illiterate .....................
least simple arithmetic calculations.
* * *
*
*
Previous work experience
*
PART 416—SUPPLEMENTAL
SECURITY INCOME FOR THE AGED,
BLIND, AND DISABLED
§ 416.964
factor.
retirement
Education
*
Decision
Disabled.
*
Counsel, by email at jrubel@
copyright.gov or John R. Riley, Assistant
General Counsel, by email at jril@
copyright.gov; either can be reached by
telephone at 202–707–8350.
SUPPLEMENTARY INFORMATION:
LIBRARY OF CONGRESS
1. Background
Copyright Office
Under sections 411 and 508 of the
Copyright Act,1 certain parties are
required to notify the Register of
Copyrights about copyright litigation.
Sections 411(a) and 411(b) each define
circumstances in which the Register of
Copyrights must be notified of civil
copyright lawsuits, to provide
opportunity for he or she to participate
in the case. Section 411(a) provides that
copyright claimants who were denied
registration by the Copyright Office for
a specific work must inform the Register
when they initiate a lawsuit alleging
infringement of that work so that the
Register may elect to become a party to
the civil action with respect to the issue
of registrability of the copyright for the
work. Section 411(b) provides that if a
party in a copyright infringement
lawsuit alleges that a certificate of
registration issued by the Copyright
Office contains inaccurate information
that was knowingly included in the
application, then the court shall ask the
37 CFR Parts 201 and 205
[Docket No. 2020–1]
Email Rule for Statutory Litigation
Notices
U.S. Copyright Office, Library
of Congress.
ACTION: Final rule.
AGENCY:
The U.S. Copyright Office is
issuing a final rule amending its
procedures for submitting notices to the
Office pursuant to sections 411 and 508
of the Copyright Act. Previously, these
notices were submitted by mail to two
different addresses, which risked delays
and caused unnecessary burdens for
both submitters and the Office. The new
rule will alleviate these issues by
requiring these notices to be submitted
by email.
DATES: Effective May 26, 2020.
FOR FURTHER INFORMATION CONTACT:
Jordana Rubel, Assistant General
SUMMARY:
PO 00000
Frm 00049
Fmt 4700
Sfmt 4700
1 17
E:\FR\FM\25FER1.SGM
U.S.C. 411, 508.
25FER1
10604
Federal Register / Vol. 85, No. 37 / Tuesday, February 25, 2020 / Rules and Regulations
jbell on DSKJLSW7X2PROD with RULES
Register to advise whether, if the
Register had known of that inaccuracy,
he or she would have refused
registration.
Section 508 of the Copyright Act
requires the clerks of the courts of the
United States to notify the Copyright
Office of the names and addresses of the
parties and the title, author, and
registration number of each work
involved in any action under title 17.
The clerks must also, within one month
after any final order or judgment is
issued in such a case, send the Office a
copy of the order or judgment and any
written opinion. Once received, the
Office must make these documents part
of its public records.
Currently, the Office does not have
detailed regulations governing the
submission of section 411(b) or 508
notices; the applicable regulation
currently indicates that such
submissions should be addressed to a
post office box rather than the main
Copyright Office mailing address.2 The
Office has a regulation specifically
governing section 411(a) notifications,
which indicates that such documents
must be sent by ‘‘registered or certified
mail to the General Counsel of the
Copyright Office’’ or delivered by
hand.3
The Office recognizes that litigants
and court clerks who must file these
required statutory notices would benefit
from a rule that requires electronically
submitted documents and that would
allow court clerks to send the required
notifications through the federal courts’
Case Management/Electronic Case Files
system. Further, the Office would
benefit from streamlined delivery of
these notices, as it can be difficult to
predict how long it will take for a
mailed notice to actually be received,
particularly given delays due to security
screening.4
While a much smaller number of
section 411(a) and (b) notices are
received, the Office receives thousands
of section 508 notices each year. The
Administrative Office of the U.S. Courts
created form AO–121, ‘‘Report on the
Filing or Determination of an Action or
Appeal Regarding a Copyright’’ to assist
court clerks in complying with their
statutory duties under 17 U.S.C. 508.5
This form is provided to court clerks in
Portable Document Format (‘‘PDF’’) and
includes blank spaces in which court
CFR 201.1(c)(1).
at 205.13.
4 See 81 FR 62373 (Sept. 9, 2016) (noting same in
mailbox rule for registration reconsiderations),
5 Report on the Filing or Determination of an
Action or Appeal Regarding Copyright (Jun. 2016),
https://www.uscourts.gov/sites/default/files/
ao121.pdf (‘‘Form AO–121’’).
clerks can provide parties’ names and
addresses and the titles, authors, and
registration numbers of works at issue in
the case. In the Office’s experience,
some court clerks do not fill in any or
all of the blanks on the forms they send
to the Office and instead merely append
a copy of the complaint to a blank form.
The attached complaints, which can be
lengthy, are not themselves required to
be submitted to the Office to comply
with section 508 and their presence
increases the physical space needed to
store the notices.
In late 2013, as part of a pilot project,
the Copyright Office started permitting
several judicial districts to send AO–121
forms electronically, as attachments to
emails. The Office views this project as
a success and has received requests
from additional districts who wish to
submit section 508 notices
electronically. The Office believes that
allowing all district courts and appellate
courts to submit notices to the Office
electronically, including through the
Case Management/Electronic Case Files
system, would simplify the submission
process for courts and eliminate some
paper record storage for the Office.6
Receiving the section 508 notices
electronically will also make it easier for
the Office to make those forms available
for public inspection electronically.
Similarly, allowing email submission of
section 411(a) notices will benefit the
public and the Office as it will ensure
quick and easily confirmed delivery of
these required notices.
The Copyright Office is publishing
this amendment as a final rule without
first publishing a notice of proposed
rulemaking, as it constitutes a change to
a ‘‘rule[ ] of agency . . . procedure, or
practice.’’ 7 Further, the rule does not
‘‘alter the rights or interests of parties,’’
but merely ‘‘alter[s] the manner in
which the parties present themselves or
their viewpoints to the agency.’’ 8 The
Office has worked with the
Administrative Office of the United
States Courts to create procedures for
implementing service of these notices
via email by the courts and will
publicize to the general public the
requirement to serve 411(a) notices by
email.
List of Subjects
37 CFR Part 201
Copyright, General provisions.
2 37
3 Id.
VerDate Sep<11>2014
18:34 Feb 24, 2020
Jkt 250001
6 The Office is working with the Administrative
Office of the U.S. Courts to update form AO–121
and notify the court clerks of these new regulations
and procedures for submitting notices to the Office.
7 5 U.S.C. 553(b)(A).
8 JEM Broad. Co. v. F.C.C., 22 F.3d 320, 326 (D.C.
Cir. 1994).
PO 00000
Frm 00050
Fmt 4700
Sfmt 4700
37 CFR Part 205
Copyright, Courts.
Final Regulations
For the reasons set forth in the
preamble, the Copyright Office amends
37 CFR parts 201 and 205 as follows:
PART 201—GENERAL PROVISIONS
1. The authority citation for part 201
continues to read as follows:
■
Authority: 17 U.S.C. 702.
2. Amend § 201.1(c)(1) by:
a. Adding the words ‘‘Notices and’’
before ‘‘Requests’’ in the paragraph
heading.
■ b. Removing ‘‘Notices related to the
filing of copyright infringement suits
and submitted pursuant to 17 U.S.C.
411(a) and 17 U.S.C. 508; requests
pursuant to 17 U.S.C. 411(b)(2) from
district courts to the Register of
Copyrights, all other’’ and adding in its
place ‘‘Other than notices served on the
Register of Copyrights submitted
pursuant to 17 U.S.C. 411(a), 411(b)(2),
and 508, all time sensitive’’.
■ c. Adding two sentences to the end of
the paragraph. d ‘‘
The addition reads as follows:
■
■
§ 201.1
Office.
Communication with the Copyright
*
*
*
*
*
(c) * * *
(1) * * * Notices and requests served
on the Register of Copyrights submitted
pursuant to 17 U.S.C. 411(a) or 411(b)(2)
should be submitted via email in
accordance with 37 CFR 205.13 (for
section 411(a) notices) and § 205.14 (for
section 411(b)(2) notices). Notices
served on the Register of Copyrights
submitted pursuant to 17 U.S.C. 508
should be submitted via email in
accordance with 37 CFR 205.15.
PART 205—LEGAL PROCESS
3. The authority citation for part 205
continues to read as follows:
■
Authority: 17 U.S.C. 702.
4. Amend § 205.13 by:
a. Removing ‘‘registered or certified
mail’’.
■ b. Removing ‘‘at the address specified
in § 201.1(c)(1) of this chapter, or
delivery by hand addressed to the
General Counsel of the Copyright Office
and delivered to the Copyright
Information Section, U.S. Copyright
Office, Library of Congress, James
Madison Memorial Building, Room LM–
401, 101 Independence Avenue SE,
Washington, DC’’ and add in its place
‘‘to the General Counsel of the
■
■
E:\FR\FM\25FER1.SGM
25FER1
Federal Register / Vol. 85, No. 37 / Tuesday, February 25, 2020 / Rules and Regulations
Copyright Office via email to
411filings@copyright.gov’’.
■ c. Adding ‘‘, as an attached file,’’ after
‘‘form of a letter’’.
■ d. Removing ‘‘envelope’’ and add in
its place ‘‘email’s subject line’’.
■ e. Adding three sentences after the
phrase ‘‘Section 411(a) Notice to the
Register of Copyrights.’’ .’’
The revisions reads as follows:
§ 205.13 Complaints served on the
Register of Copyrights pursuant to 17
U.S.C. 411(a).
* * * Attachments must be submitted
in Portable Document Format (PDF),
assembled in an orderly form, and
uploaded as individual electronic files
(i.e., not .zip files). Attachments to a
single email should be no greater than
20 MB in total. The files must be
viewable, 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 file.
If submission of a notice via email is not
feasible, please contact the Office of the
General Counsel by telephone during
normal business hours at 202–707–
8380.* * *
■ 5. Add § 205.14 to read as follows:
§ 205.14 Court requests to the Register of
Copyrights pursuant to 17 U.S.C. 411(b)(2).
Where there is an allegation that a
copyright registration certificate
includes inaccurate information with
knowledge that it was inaccurate and
the inaccuracy of the information, if
known, would have caused the Register
of Copyrights to refuse registration,
pursuant to 17 U.S.C. 411(b)(2), the
court shall request the opinion of the
Register of Copyrights to advise the
court whether the inaccurate
information, if known, would have
caused the Register of Copyrights to
refuse registration. The request should
be sent to the General Counsel of the
Copyright Office via email to
411filings@copyright.gov. Attachments
to a single email should be no greater
than 20 MB in total. If submission of a
request via email is not feasible, please
contact the Office of the General
Counsel by telephone during normal
business hours at 202–707–8380.
■ 6. Add § 205.15 to read as follows:
jbell on DSKJLSW7X2PROD with RULES
§ 205.15 Court notices to the Register of
Copyrights pursuant to 17 U.S.C. 508.
Pursuant to 17 U.S.C. 508, within one
month after the filing of any action
under title 17, notice of the names and
addresses of the parties and the title,
author, and registration number of each
work involved in the action, including
any other copyrighted work later
VerDate Sep<11>2014
18:34 Feb 24, 2020
Jkt 250001
included by subsequent amendment,
answer, or other pleading, must be
served by the clerk of the court on the
Register of Copyrights. Further, the clerk
of the court must notify the Register
within one month after any final order
or judgment is issued in the case,
sending with the notification a copy of
the order or judgment together with the
written opinion, if any, of the court.
These notices must be sent to the
General Counsel of the Copyright Office
via email to 508filings@copyright.gov.
Notices must include a fully completed
PDF version of the Administrative
Office of the U.S. Courts’ form AO–121,
‘‘Report on the Filing or Determination
of an Action or Appeal Regarding a
Copyright,’’ available at the U.S. Courts’
website: https://www.uscourts.gov/
forms/other-forms/report-filing-ordetermination-action-or-appealregarding-copyright. If submission of a
notice via email is not feasible, please
contact the Office of the General
Counsel by telephone during normal
business hours at 202–707–8380.
Dated: January 14, 2020.
Maria Strong,
Acting Register of Copyrights and Director
of the U.S. Copyright Office
Approved by:
Carla D. Hayden,
Librarian of Congress.
[FR Doc. 2020–02374 Filed 2–24–20; 8:45 am]
BILLING CODE 1410–30–P
POSTAL SERVICE
39 CFR Part 111
USPS Returns Service
Postal ServiceTM.
Final rule.
AGENCY:
ACTION:
The Postal Service is
amending Mailing Standards of the
United States Postal Service, Domestic
Mail Manual (DMM®) section 505.3.0,
and various other sections, to remove
references to the traditional
Merchandise Return Service (MRS)
portion of merchandise return service
and to enhance USPS Returns® service.
DATES: Effective: February 25, 2020.
FOR FURTHER INFORMATION CONTACT:
Karen Key at (202) 268–7492, Vicki
Bosch at (202) 268–4978, or Garry
Rodriguez at (202) 268–7281.
SUPPLEMENTARY INFORMATION: The Postal
Service published a notice of proposed
rulemaking on July 23, 2018 (83 FR
34807–34811) to amend DMM section
505.3.0, Merchandise Return Service
(MRS), to remove the references to
traditional MRS processes and
SUMMARY:
PO 00000
Frm 00051
Fmt 4700
Sfmt 4700
10605
introduce an enhanced USPS Returns
service. One formal response was
received relating only to terminology
used to describe users of the Enterprise
Payment System (EPS).
The Postal Service elected to issue a
revised proposed rule on December 19,
2019 (84 FR 69688–69695) in order to
further clarify our proposal and provide
a revised effective date. No formal
responses were received.
The USPS Returns service’s new
methodology was deployed January 27,
2019, allowing existing customers to
migrate to the automated returns
process and new customers to establish
automated returns service. Current
USPS Returns service and MRS
customers must migrate to the new
automated methodology by August 28,
2020.
Under the Package Platform initiative,
the Postal Service has leveraged devices
that were installed as part of the
Automated Package Verification system
to enhance the capability of equipment
used for the processing of package-size
mailpieces. The upgraded equipment
captures near real-time data on package
dimensions, weight, mail class or
product, and other attributes, and
transmits the data to Postal Service
information systems. The Postal Service
will use this new technology to
streamline its processes for the
identification and postage assessment of
each return package, and enable account
holders to pay the postage for their
returns electronically. Mailers will
receive detailed reports to monitor
package level pricing as their returns are
processed and delivered through the
Postal Service network. This improved
functionality will significantly reduce
the need to manually weigh and invoice
returns or to estimate postage via
sampling under the Postage Due Weight
Averaging Program for MRS packages,
and will eliminate the scan-based
payment process currently used with
USPS Returns services.
The USPS Returns service automated
methodology will use the same
commercial prices as those currently
applied to USPS Returns services and
MRS: Priority Mail® Commercial Base
and Commercial Plus (as applicable to
the qualifying USPS Returns account
holders), First-Class Package Service®—
Commercial, and Parcel Select
GroundTM, and will apply those prices
to each individual return package.
Negotiated Service Agreement (NSA)
prices will be available for eligible
customers using the USPS Returns
service automated process.
USPS Returns service account holders
will pay postage and fees through an
Enterprise Payment System (EPS)
E:\FR\FM\25FER1.SGM
25FER1
]]>Agencies
[Federal Register Volume 85, Number 37 (Tuesday, February 25, 2020)]
[Rules and Regulations]
[Pages 10603-10605]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02374]
=======================================================================
-----------------------------------------------------------------------
LIBRARY OF CONGRESS
Copyright Office
37 CFR Parts 201 and 205
[Docket No. 2020-1]
Email Rule for Statutory Litigation Notices
AGENCY: U.S. Copyright Office, Library of Congress.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Copyright Office is issuing a final rule amending its
procedures for submitting notices to the Office pursuant to sections
411 and 508 of the Copyright Act. Previously, these notices were
submitted by mail to two different addresses, which risked delays and
caused unnecessary burdens for both submitters and the Office. The new
rule will alleviate these issues by requiring these notices to be
submitted by email.
DATES: Effective May 26, 2020.
FOR FURTHER INFORMATION CONTACT: Jordana Rubel, Assistant General
Counsel, by email at [email protected] or John R. Riley, Assistant
General Counsel, by email at [email protected]; either can be reached
by telephone at 202-707-8350.
SUPPLEMENTARY INFORMATION:
1. Background
Under sections 411 and 508 of the Copyright Act,\1\ certain parties
are required to notify the Register of Copyrights about copyright
litigation. Sections 411(a) and 411(b) each define circumstances in
which the Register of Copyrights must be notified of civil copyright
lawsuits, to provide opportunity for he or she to participate in the
case. Section 411(a) provides that copyright claimants who were denied
registration by the Copyright Office for a specific work must inform
the Register when they initiate a lawsuit alleging infringement of that
work so that the Register may elect to become a party to the civil
action with respect to the issue of registrability of the copyright for
the work. Section 411(b) provides that if a party in a copyright
infringement lawsuit alleges that a certificate of registration issued
by the Copyright Office contains inaccurate information that was
knowingly included in the application, then the court shall ask the
[[Page 10604]]
Register to advise whether, if the Register had known of that
inaccuracy, he or she would have refused registration.
---------------------------------------------------------------------------
\1\ 17 U.S.C. 411, 508.
---------------------------------------------------------------------------
Section 508 of the Copyright Act requires the clerks of the courts
of the United States to notify the Copyright Office of the names and
addresses of the parties and the title, author, and registration number
of each work involved in any action under title 17. The clerks must
also, within one month after any final order or judgment is issued in
such a case, send the Office a copy of the order or judgment and any
written opinion. Once received, the Office must make these documents
part of its public records.
Currently, the Office does not have detailed regulations governing
the submission of section 411(b) or 508 notices; the applicable
regulation currently indicates that such submissions should be
addressed to a post office box rather than the main Copyright Office
mailing address.\2\ The Office has a regulation specifically governing
section 411(a) notifications, which indicates that such documents must
be sent by ``registered or certified mail to the General Counsel of the
Copyright Office'' or delivered by hand.\3\
---------------------------------------------------------------------------
\2\ 37 CFR 201.1(c)(1).
\3\ Id. at 205.13.
---------------------------------------------------------------------------
The Office recognizes that litigants and court clerks who must file
these required statutory notices would benefit from a rule that
requires electronically submitted documents and that would allow court
clerks to send the required notifications through the federal courts'
Case Management/Electronic Case Files system. Further, the Office would
benefit from streamlined delivery of these notices, as it can be
difficult to predict how long it will take for a mailed notice to
actually be received, particularly given delays due to security
screening.\4\
---------------------------------------------------------------------------
\4\ See 81 FR 62373 (Sept. 9, 2016) (noting same in mailbox rule
for registration reconsiderations),
---------------------------------------------------------------------------
While a much smaller number of section 411(a) and (b) notices are
received, the Office receives thousands of section 508 notices each
year. The Administrative Office of the U.S. Courts created form AO-121,
``Report on the Filing or Determination of an Action or Appeal
Regarding a Copyright'' to assist court clerks in complying with their
statutory duties under 17 U.S.C. 508.\5\ This form is provided to court
clerks in Portable Document Format (``PDF'') and includes blank spaces
in which court clerks can provide parties' names and addresses and the
titles, authors, and registration numbers of works at issue in the
case. In the Office's experience, some court clerks do not fill in any
or all of the blanks on the forms they send to the Office and instead
merely append a copy of the complaint to a blank form. The attached
complaints, which can be lengthy, are not themselves required to be
submitted to the Office to comply with section 508 and their presence
increases the physical space needed to store the notices.
---------------------------------------------------------------------------
\5\ Report on the Filing or Determination of an Action or Appeal
Regarding Copyright (Jun. 2016), https://www.uscourts.gov/sites/default/files/ao121.pdf (``Form AO-121'').
---------------------------------------------------------------------------
In late 2013, as part of a pilot project, the Copyright Office
started permitting several judicial districts to send AO-121 forms
electronically, as attachments to emails. The Office views this project
as a success and has received requests from additional districts who
wish to submit section 508 notices electronically. The Office believes
that allowing all district courts and appellate courts to submit
notices to the Office electronically, including through the Case
Management/Electronic Case Files system, would simplify the submission
process for courts and eliminate some paper record storage for the
Office.\6\ Receiving the section 508 notices electronically will also
make it easier for the Office to make those forms available for public
inspection electronically. Similarly, allowing email submission of
section 411(a) notices will benefit the public and the Office as it
will ensure quick and easily confirmed delivery of these required
notices.
---------------------------------------------------------------------------
\6\ The Office is working with the Administrative Office of the
U.S. Courts to update form AO-121 and notify the court clerks of
these new regulations and procedures for submitting notices to the
Office.
---------------------------------------------------------------------------
The Copyright Office is publishing this amendment as a final rule
without first publishing a notice of proposed rulemaking, as it
constitutes a change to a ``rule[ ] of agency . . . procedure, or
practice.'' \7\ Further, the rule does not ``alter the rights or
interests of parties,'' but merely ``alter[s] the manner in which the
parties present themselves or their viewpoints to the agency.'' \8\ The
Office has worked with the Administrative Office of the United States
Courts to create procedures for implementing service of these notices
via email by the courts and will publicize to the general public the
requirement to serve 411(a) notices by email.
---------------------------------------------------------------------------
\7\ 5 U.S.C. 553(b)(A).
\8\ JEM Broad. Co. v. F.C.C., 22 F.3d 320, 326 (D.C. Cir. 1994).
---------------------------------------------------------------------------
List of Subjects
37 CFR Part 201
Copyright, General provisions.
37 CFR Part 205
Copyright, Courts.
Final Regulations
For the reasons set forth in the preamble, the Copyright Office
amends 37 CFR parts 201 and 205 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(c)(1) by:
0
a. Adding the words ``Notices and'' before ``Requests'' in the
paragraph heading.
0
b. Removing ``Notices related to the filing of copyright infringement
suits and submitted pursuant to 17 U.S.C. 411(a) and 17 U.S.C. 508;
requests pursuant to 17 U.S.C. 411(b)(2) from district courts to the
Register of Copyrights, all other'' and adding in its place ``Other
than notices served on the Register of Copyrights submitted pursuant to
17 U.S.C. 411(a), 411(b)(2), and 508, all time sensitive''.
0
c. Adding two sentences to the end of the paragraph. d ``
The addition reads as follows:
Sec. 201.1 Communication with the Copyright Office.
* * * * *
(c) * * *
(1) * * * Notices and requests served on the Register of Copyrights
submitted pursuant to 17 U.S.C. 411(a) or 411(b)(2) should be submitted
via email in accordance with 37 CFR 205.13 (for section 411(a) notices)
and Sec. 205.14 (for section 411(b)(2) notices). Notices served on the
Register of Copyrights submitted pursuant to 17 U.S.C. 508 should be
submitted via email in accordance with 37 CFR 205.15.
PART 205--LEGAL PROCESS
0
3. The authority citation for part 205 continues to read as follows:
Authority: 17 U.S.C. 702.
0
4. Amend Sec. 205.13 by:
0
a. Removing ``registered or certified mail''.
0
b. Removing ``at the address specified in Sec. 201.1(c)(1) of this
chapter, or delivery by hand addressed to the General Counsel of the
Copyright Office and delivered to the Copyright Information Section,
U.S. Copyright Office, Library of Congress, James Madison Memorial
Building, Room LM-401, 101 Independence Avenue SE, Washington, DC'' and
add in its place ``to the General Counsel of the
[[Page 10605]]
Copyright Office via email to [email protected]''.
0
c. Adding ``, as an attached file,'' after ``form of a letter''.
0
d. Removing ``envelope'' and add in its place ``email's subject line''.
0
e. Adding three sentences after the phrase ``Section 411(a) Notice to
the Register of Copyrights.'' .''
The revisions reads as follows:
Sec. 205.13 Complaints served on the Register of Copyrights pursuant
to 17 U.S.C. 411(a).
* * * Attachments must be submitted in Portable Document Format
(PDF), assembled in an orderly form, and uploaded as individual
electronic files (i.e., not .zip files). Attachments to a single email
should be no greater than 20 MB in total. The files must be viewable,
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 file. If submission of a notice via
email is not feasible, please contact the Office of the General Counsel
by telephone during normal business hours at 202-707-8380.* * *
0
5. Add Sec. 205.14 to read as follows:
Sec. 205.14 Court requests to the Register of Copyrights pursuant to
17 U.S.C. 411(b)(2).
Where there is an allegation that a copyright registration
certificate includes inaccurate information with knowledge that it was
inaccurate and the inaccuracy of the information, if known, would have
caused the Register of Copyrights to refuse registration, pursuant to
17 U.S.C. 411(b)(2), the court shall request the opinion of the
Register of Copyrights to advise the court whether the inaccurate
information, if known, would have caused the Register of Copyrights to
refuse registration. The request should be sent to the General Counsel
of the Copyright Office via email to [email protected].
Attachments to a single email should be no greater than 20 MB in total.
If submission of a request via email is not feasible, please contact
the Office of the General Counsel by telephone during normal business
hours at 202-707-8380.
0
6. Add Sec. 205.15 to read as follows:
Sec. 205.15 Court notices to the Register of Copyrights pursuant to
17 U.S.C. 508.
Pursuant to 17 U.S.C. 508, within one month after the filing of any
action under title 17, notice of the names and addresses of the parties
and the title, author, and registration number of each work involved in
the action, including any other copyrighted work later included by
subsequent amendment, answer, or other pleading, must be served by the
clerk of the court on the Register of Copyrights. Further, the clerk of
the court must notify the Register within one month after any final
order or judgment is issued in the case, sending with the notification
a copy of the order or judgment together with the written opinion, if
any, of the court. These notices must be sent to the General Counsel of
the Copyright Office via email to [email protected]. Notices
must include a fully completed PDF version of the Administrative Office
of the U.S. Courts' form AO-121, ``Report on the Filing or
Determination of an Action or Appeal Regarding a Copyright,'' available
at the U.S. Courts' website: https://www.uscourts.gov/forms/other-forms/report-filing-or-determination-action-or-appeal-regarding-copyright. If submission of a notice via email is not feasible, please
contact the Office of the General Counsel by telephone during normal
business hours at 202-707-8380.
Dated: January 14, 2020.
Maria Strong,
Acting Register of Copyrights and Director of the U.S. Copyright Office
Approved by:
Carla D. Hayden,
Librarian of Congress.
[FR Doc. 2020-02374 Filed 2-24-20; 8:45 am]
BILLING CODE 1410-30-P
