Technical Amendments Regarding Electronic Submissions to the Copyright Office, 19666-19668 [2020-07353]
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Federal Register / Vol. 85, No. 68 / Wednesday, April 8, 2020 / Rules and Regulations
by the applicant and other relevant
information such as environmental
findings, the authorized officer shall
decide whether to approve the proposed
use, approve the proposed use with
modifications, or deny the proposed
use. A group of applications for similar
uses may be evaluated with one analysis
and approved in one decision.
(ii) Communications use applications.
Within 270 days of acceptance of a
proposal as an application for a new
communications facility or co-location
of a new communications use in or on
a facility managed by the Forest Service,
or within 270 days of receipt of an
application for modification of an
existing communications facility or colocated communications use on a
facility managed by the Forest Service,
the authorized officer shall grant or
deny the application and notify the
applicant in writing of the grant or
denial.
(iii) Tracking of communications use
applications. The Forest Service shall
establish a process in its directive
system (36 CFR 200.4) for tracking
applications for communications uses
that provides for:
(A) Identifying the number of
applications received, approved, and
denied;
(B) For applications that are denied,
describing the reasons for denial; and
(C) Describing the amount of time
between receipt of an application and
grant or denial of the application.
(5) Authorization of a special use—(i)
General. Upon a decision to approve a
special use or a group of similar uses,
the authorized officer may issue one or
more special use authorizations as
defined in § 251.51 of this subpart.
(ii) Minimum term for
communications use authorizations.
The term for a communications use
authorization shall be 30 years, unless
case-specific circumstances warrant a
shorter term.
James E. Hubbard,
Under Secretary, Natural Resources and
Environment.
[FR Doc. 2020–07280 Filed 4–7–20; 8:45 am]
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BILLING CODE 3411–15–P
VerDate Sep<11>2014
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LIBRARY OF CONGRESS
U.S. Copyright Office
37 CFR Parts 201 and 202
[Docket No. 2020–4]
Technical Amendments Regarding
Electronic Submissions to the
Copyright Office
U.S. Copyright Office, Library
of Congress.
ACTION: Final rule.
AGENCY:
The U.S. Copyright Office is
adopting technical amendments to
allow electronic submission of materials
in connection with certain Office
services, and to allow the Office to
respond to submitters electronically.
These amendments are intended to
facilitate the public’s ability to access
Office services during the COVID–19
pandemic.
SUMMARY:
DATES:
Effective April 8, 2020.
FOR FURTHER INFORMATION CONTACT:
Regan A. Smith, General Counsel and
Associate Register of Copyrights, by
email at regans@copyright.gov; Kevin R.
Amer, Deputy General Counsel, by
email at kamer@copyright.gov; or
Nicholas R. Bartelt, Attorney-Advisor,
by email at niba@copyright.gov. They
can be reached by telephone at 202–
707–3000.
SUPPLEMENTARY INFORMATION: In
response to the COVID–19 pandemic,
the President has declared a national
emergency and executive branch and
state governments have adopted
guidelines recommending, among other
restrictions, that members of the public
avoid discretionary travel.1
Consequently, users of the Copyright
Office’s services currently may be
limited in their ability to physically
deliver materials to the U.S. Postal
Service or other carrier for shipment to
the Office. In addition, the Office has
implemented an extended telework
policy, resulting in a substantially
reduced number of onsite staff available
to process deliveries to and from the
Office. Further, because the Office is
currently closed to the public, it cannot
receive in-person deliveries.2
1 See Proclamation on Declaring a National
Emergency Concerning the Novel Coronavirus
Disease (COVID–19) Outbreak (Mar. 13, 2020),
https://www.whitehouse.gov/presidential-actions/
proclamation-declaring-national-emergencyconcerning-novel-coronavirus-disease-covid-19outbreak/.
2 The Copyright Office continues to receive mail
sent through the postal delivery system. All mail is
being redirected and stored at a storage facility until
the building resumes normal operations. As with
prior closures, such as due to a government
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While much of the Office’s services,
including applications for copyright
registration submitted through the
electronic Copyright Office (‘‘eCO’’)
system, are already largely digital, in
some cases users are required to submit
materials through physical mailing
services. To help ensure both that
members of the public can continue to
access Office services and that Office
staff can respond to inquiries in a timely
manner, the Office is updating various
regulations to allow certain types of
submissions and responses to be made
electronically, for example, through
dedicated email addresses that the
Office is establishing. Previously, these
regulations permitted delivery only by
mail or other physical means. The
updates pertain to the following Office
services: (1) Submitting notices of
termination for recordation,3 (2)
requests for removal of personally
identifiable information from the online
public catalog or other public records,4
(3) cancellation of completed
registrations,5 (4) filing of satellite
carrier statements of account,6 (5)
recordation of certain contracts by cable
systems located outside of the fortyeight contiguous states,7 (6) filing of
statements of account for digital audio
recording devices or media,8 (7) filing of
a Notice of Intent to Enforce a Restored
Copyright,9 (8) filing of a Notice to
Libraries and Archives of Normal
Commercial Exploitation or Availability
at Reasonable Price,10 (9) group
registration of automated databases,11
(10) requests for reconsideration for
refusals to register,12 (11)
supplementary registrations for restored
works, non-photographic databases, and
renewal registrations,13 (12) registration
of restored copyrights,14 (13) renewal
registrations,15 and (14) requests for fullterm retention of copyright deposits.16
The final rule also updates several of
these regulations to remove the
requirement that submissions to the
Office contain a handwritten signature.
The rule instead adopts a more flexible
requirement that submissions contain ‘‘a
shutdown, the Office will process that mail upon
reopening of the Library of Congress.
3 Id. at § 201.1(c)(2).
4 37 CFR 201.1(c)(7), 201.2(e) and (f).
5 Id. at §§ 201.1(c)(3), 201.7.
6 Id. at § 201.11.
7 Id. at § 201.12.
8 Id. at § 201.28.
9 Id. at § 201.33.
10 Id. at § 201.39.
11 Id. at § 202.3
12 Id. at §§ 201.1(c)(3), 202.5.
13 Id. at § 202.6(e)(4).
14 Id. at § 202.12.
15 Id. at § 202.17.
16 Id. at § 202.23.
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Federal Register / Vol. 85, No. 68 / Wednesday, April 8, 2020 / Rules and Regulations
legally binding signature, including an
electronic signature as defined in 15
U.S.C. 7006.’’ The Office previously
adopted a rule permitting electronic
signatures on statements of account
filed with the Office under the statutory
license for secondary transmissions by
cable systems,17 and the same rationale
is applicable here. These changes apply
to regulations governing statements of
account for satellite carriers and digital
audio recording technology products,
recordation of certain cable contracts,
and full-term retention requests.
As new electronic submission options
are implemented, the Office will
provide instructions on its website and
on any relevant Office forms. The Office
also will provide electronic submission
options for other services where such
delivery methods are already permitted
under existing regulations, including
filing recorded documents and notices
of termination.18 For information about
these options and other Office
operations during the COVID–19
pandemic, members of the public
should visit https://www.copyright.gov/
coronavirus, which will be updated
regularly.
In light of the ongoing national
emergency, the Copyright Office finds
good cause to publish these
amendments as a final rule effective
immediately, and without first
publishing a notice of proposed
rulemaking, ‘‘because of the
demonstrable urgency of the conditions
they are designed to correct.’’ 19 Further,
these updates constitute a change to a
‘‘rule[ ] of agency . . . procedure, or
practice’’ 20 which do 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.’’ 21
List of Subjects
37 CFR Part 201
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Cable television, Copyright,
Recordings, Satellites.
17 Authentication of Electronic Signatures on
Electronically Filed Statements of Account, 82 FR
22,884 (May 19, 2017).
18 For example, on March 18, 2020, the Office
modified its processes to allow for receipt of
requests for special handling of registration
applications via electronic application. See U.S.
Copyright Office, Registration Special Handling
Arrangements, NewsNet No. 807 (Mar. 18, 2020),
https://www.copyright.gov/newsnet/2020/807.html.
19 H.R. Rep. No. 1980, 79th Cong., 2d Sess. 26
(1946). See 5 U.S.C. 553(d)(3); id. at 553(b)(3)(B)
(notice and comment is not necessary upon agency
determination that it would be ‘‘impracticable,
unnecessary, or contrary to the public interest’’).
20 5 U.S.C. 553(b)(A).
21 JEM Broad. Co. v. F.C.C., 22 F.3d 320, 326 (DC
Cir. 1994).
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37 CFR Part 202
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 by:
a. In paragraph (b)(1), adding ‘‘, or as
otherwise indicated in instructions on
the Copyright Office’s website or forms
provided by the Office’’ after the word
‘‘20559–6000’’.
■ b. In paragraph (c)(2), adding the
words ‘‘and submitted either
electronically in the form and manner
prescribed in instructions on the
Office’s website or by mail to’’ after
‘‘Notices of Termination,’’.
■ c. In paragraph (c)(3), adding the
words ‘‘and submitted either
electronically in the form and manner
prescribed in instructions on the
Office’s website or by mail to’’ after
‘‘RAC Division,’’.
■ d. In paragraph (c)(4), adding the
words ‘‘and submitted either
electronically in the form and manner
prescribed in instructions on the
Office’s website or by mail to’’ after
‘‘Records Research and Certification
Section,’’.
■ e. In paragraph (c)(5), adding a
sentence at the beginning of the
paragraph and removing the word
‘‘Notices’’ and adding in its place ‘‘If
sending by mail, notices’’.
■ f. In paragraph (c)(7):
■ i. Removing ‘‘, P.O. Box 70400,
Washington, DC 20024–0400’’ in the
first sentence.
■ ii. Removing the words ‘‘should be’’ in
the second sentence and in their place
adding ‘‘may be submitted either
electronically in the form and manner
prescribed in instructions on the
Office’s website or by mail to P.O. Box
70400, Washington, DC 20024–0400,
and’’.
The addition reads as follows:
■
■
Communication with the Copyright
*
*
*
*
*
(c) * * *
(5) * * * Filings or inquiries to the
Licensing Division may be submitted
either electronically in the form and
manner prescribed in instructions on
the Office’s website or by mail. * * *
*
*
*
*
*
§ 201.2
■
Frm 00017
Fmt 4700
§ 201.7
[Amended]
4. Amend § 201.7 by:
a. In paragraph (c)(1), removing the
word ‘‘mailed’’ and in its place adding
the word ‘‘sent’’.
■ b. In paragraph (c)(4), removing the
word ‘‘mailed’’ and in its place adding
the word ‘‘sent’’.
■
■
§ 201.11
[Amended]
5. Amend § 201.11(e)(9) introductory
text by removing the words ‘‘The
handwritten signature’’ and adding in
their place ‘‘A legally binding signature,
including an electronic signature as
defined in 15 U.S.C. 7006,’’.
■
§ 201.12
[Amended]
6. Amend § 201.12(a)(1) by:
a. Removing the words ‘‘legible
photocopy or other full-size facsimile
reproduction’’ and adding in their place
the word ‘‘copy’’.
■ b. Removing the words ‘‘signed by’’
and adding in their place ‘‘that shall
include a legally binding signature,
including an electronic signature as
defined in 15 U.S.C. 7006, of’’.
■
■
§ 201.28
[Amended]
7. Amend § 201.28(e)(7) by removing
the words ‘‘the handwritten signature’’
and adding in their place ‘‘a legally
binding signature, including an
electronic signature as defined in 15
U.S.C. 7006,’’.
■
§ 201.33
[Amended]
8. Amend § 201.33(c) by removing
‘‘and should be typed or printed by
hand legibly in dark, preferably black,
ink, on 81⁄2 by 11 inch white paper of
good quality, with at least a one inch (or
three cm) margin’’ and adding in its
place ‘‘, legible, and submitted in a
letter-sized document format’’.
■
§ 201.39
[Amended]
9. Amend § 201.39(g) by removing ‘‘at
the address specified’’ and adding in its
place ‘‘in the manner prescribed’’.
■
[Amended]
3. Amend § 201.2 by:
PO 00000
a. In paragraph (e)(4), removing
‘‘mailed to the address listed’’ and in its
place adding the words ‘‘sent to the
Office as prescribed’’.
■ b. In paragraph (e)(5), removing the
word ‘‘mail’’ and in its place adding the
word ‘‘send’’ and adding ‘‘physical mail
address or email’’ before the word
‘‘address’’.
■ c. In paragraph (e)(7), removing the
words ‘‘mailed to the address listed’’
and in their place adding the words
‘‘sent to the Office as prescribed’’.
■
Claims, Copyright.
For the reasons set forth in the
preamble, the Copyright Office amends
37 CFR parts 201 and 202 as follows:
§ 201.1
Office.
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Federal Register / Vol. 85, No. 68 / Wednesday, April 8, 2020 / Rules and Regulations
PART 202—PREREGISTRATION AND
REGISTRATION OF CLAIMS TO
COPYRIGHT
10. The authority citation for part 202
continues to read as follows:
■
Authority: 17 U.S.C. 408(f), 702.
11. Amend § 202.3 by revising
paragraph (b)(5)(ii)(A) to read as
follows:
■
§ 202.3
Registration of copyright.
*
*
*
*
*
(b) * * *
(5) * * *
(ii) * * *
(A) A form that best reflects the
subject matter of the material in the
database as set forth in paragraph
(b)(2)(ii)(A) of this section, completed in
accordance with the instructions
provided by the Copyright Office on its
website or in materials published by the
Office. Applications for group
registration of an automated database
consisting predominantly of
photographs may be submitted
electronically only after consultation
and with the permission and under the
direction of the Visual Arts Division.
*
*
*
*
*
§ 202.5
12. Amend § 202.5 by:
a. In paragraph (b)(3), removing ‘‘or’’
after the word ‘‘postmarked’’ and adding
a comma in its place and adding ‘‘, or
otherwise received by the Office,’’ after
the word ‘‘messenger’’.
■ b. In paragraph (c)(3), removing ‘‘or’’
after the word ‘‘postmarked’’ and adding
a comma in its place and adding ‘‘, or
otherwise received by the Office,’’ after
the word ‘‘messenger’’.
[Amended]
13. Amend § 202.6(e)(4) by removing
the words ‘‘a paper’’ and adding in their
place the word ‘‘an’’.
■
§ 202.12
[Amended]
14. Amend § 202.12(c)(1) by adding
‘‘or electronically, in accordance with
instructions for submission and
payment provided on the Office’s
website or Form GATT itself’’ after ‘‘by
mail’’.
■
§ 202.17
[Amended]
15. Amend § 202.17(g)(1) by removing
‘‘mailed to the address specified’’ and
adding in its place ‘‘sent in the manner
prescribed’’.
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■
§ 202.23
[Amended]
16. Amend § 202.23(b)(2) by:
a. Removing the words ‘‘at the address
specified’’ and adding in their place the
words ‘‘in the manner prescribed’’.
■
■
VerDate Sep<11>2014
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Dated: April 2, 2020.
Maria Strong,
Acting Register of Copyrights and Director
of the U.S. Copyright Office.
Carla D. Hayden,
Librarian of Congress.
[FR Doc. 2020–07353 Filed 4–7–20; 8:45 am]
BILLING CODE 1410–30–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2019–0483; FRL–10005–
16–Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Allegheny County
Administrative Revisions to
Definitions, Remedies, and
Enforcement Orders Sections and
Incorporation by Reference of National
Ambient Air Quality Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
[Amended]
■
■
§ 202.6
b. Removing the words ‘‘be signed by’’
and adding in their place ‘‘include a
legally binding signature, including an
electronic signature as defined in 15
U.S.C. 7006, of’’.
■
Jkt 250001
The Environmental Protection
Agency (EPA) is approving a state
implementation plan (SIP) revision
submitted by the Commonwealth of
Pennsylvania on behalf of Allegheny
County. These revisions include
administrative amendments made to the
Allegheny County Health Department
(ACHD) Rules and Regulations, Article
XXI, Air Pollution Control. Specifically,
the revisions added a definition for
‘‘County Council;’’ deleted its current
listing of ambient air quality standards
and added, through incorporation by
reference, all national ambient air
quality standards (NAAQS)
promulgated by EPA; revised references
to the ‘‘Board of County
Commissioners’’ to ‘‘County Executive’’
or ‘‘County Council;’’ added the
‘‘Manager of the Air Quality Program or
their respective designee’’ as a signatory
for enforcement orders; and revised a
reference from the ‘‘Bureau of
Environmental Quality Division of Air
Quality’’ to ‘‘Air Quality Program of the
Department.’’ This action is being taken
under the Clean Air Act (CAA).
DATES: This final rule is effective on
May 8, 2020.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2019–0483. All
SUMMARY:
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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 (CBI) 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 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: Erin
Malone, Planning & Implementation
Branch (3AD30), Air & Radiation
Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The
telephone number is (215) 814–2190.
Ms. Malone can also be reached via
electronic mail at Malone.Erin@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On November 13, 2019 (84 FR 61592),
EPA published a notice of proposed
rulemaking (NPRM) for the
Commonwealth of Pennsylvania. In the
NPRM, EPA proposed approval of
administrative and definition
amendments, as well as incorporation
by reference of the NAAQS, to ACHD
Rules and Regulations, Article XXI, Air
Pollution Control. The formal SIP
revision was submitted by
Pennsylvania, on behalf of Allegheny
County, on February 15, 2019.1
II. Summary of SIP Revision and EPA
Analysis
The February 15, 2019 submittal
includes amended versions of ACHD
Rules and Regulations, Article XXI, Air
Pollution Control, sections 2101.10
Ambient Air Quality Standards, 2101.20
Definitions, 2109.02 Remedies, and
2109.03 Enforcement Orders. The
amendment to section 2101.10 removed
ACHD’s existing SIP approved list of
NAAQS and added, through
incorporation by reference, all NAAQS
promulgated by the EPA under the CAA
at 40 CFR part 50. The amendment to
section 2101.20 added the following
definition for County Council, ‘‘ ‘County
Council’ means the Council of
Allegheny County, Pennsylvania.’’ The
1 On April 28, 2017, ACHD submitted Revision 73
to the Pennsylvania Department of Environmental
Protection (PADEP). PADEP, on behalf of Allegheny
County, also submitted a clarification letter dated
June 24, 2019 to EPA to further clarify the revisions
to sections 2101.10 and 2101.20 of Article XXI of
ACHD’s Rules and Regulations.
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]]>Agencies
- Library of Congress
- U.S. Copyright Office
[Federal Register Volume 85, Number 68 (Wednesday, April 8, 2020)]
[Rules and Regulations]
[Pages 19666-19668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07353]
=======================================================================
-----------------------------------------------------------------------
LIBRARY OF CONGRESS
U.S. Copyright Office
37 CFR Parts 201 and 202
[Docket No. 2020-4]
Technical Amendments Regarding Electronic Submissions to the
Copyright Office
AGENCY: U.S. Copyright Office, Library of Congress.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Copyright Office is adopting technical amendments to
allow electronic submission of materials in connection with certain
Office services, and to allow the Office to respond to submitters
electronically. These amendments are intended to facilitate the
public's ability to access Office services during the COVID-19
pandemic.
DATES: Effective April 8, 2020.
FOR FURTHER INFORMATION CONTACT: Regan A. Smith, General Counsel and
Associate Register of Copyrights, by email at [email protected];
Kevin R. Amer, Deputy General Counsel, by email at [email protected];
or Nicholas R. Bartelt, Attorney-Advisor, by email at
[email protected]. They can be reached by telephone at 202-707-3000.
SUPPLEMENTARY INFORMATION: In response to the COVID-19 pandemic, the
President has declared a national emergency and executive branch and
state governments have adopted guidelines recommending, among other
restrictions, that members of the public avoid discretionary travel.\1\
Consequently, users of the Copyright Office's services currently may be
limited in their ability to physically deliver materials to the U.S.
Postal Service or other carrier for shipment to the Office. In
addition, the Office has implemented an extended telework policy,
resulting in a substantially reduced number of onsite staff available
to process deliveries to and from the Office. Further, because the
Office is currently closed to the public, it cannot receive in-person
deliveries.\2\
---------------------------------------------------------------------------
\1\ See Proclamation on Declaring a National Emergency
Concerning the Novel Coronavirus Disease (COVID-19) Outbreak (Mar.
13, 2020), https://www.whitehouse.gov/presidential-actions/proclamation-declaring-national-emergency-concerning-novel-coronavirus-disease-covid-19-outbreak/.
\2\ The Copyright Office continues to receive mail sent through
the postal delivery system. All mail is being redirected and stored
at a storage facility until the building resumes normal operations.
As with prior closures, such as due to a government shutdown, the
Office will process that mail upon reopening of the Library of
Congress.
---------------------------------------------------------------------------
While much of the Office's services, including applications for
copyright registration submitted through the electronic Copyright
Office (``eCO'') system, are already largely digital, in some cases
users are required to submit materials through physical mailing
services. To help ensure both that members of the public can continue
to access Office services and that Office staff can respond to
inquiries in a timely manner, the Office is updating various
regulations to allow certain types of submissions and responses to be
made electronically, for example, through dedicated email addresses
that the Office is establishing. Previously, these regulations
permitted delivery only by mail or other physical means. The updates
pertain to the following Office services: (1) Submitting notices of
termination for recordation,\3\ (2) requests for removal of personally
identifiable information from the online public catalog or other public
records,\4\ (3) cancellation of completed registrations,\5\ (4) filing
of satellite carrier statements of account,\6\ (5) recordation of
certain contracts by cable systems located outside of the forty-eight
contiguous states,\7\ (6) filing of statements of account for digital
audio recording devices or media,\8\ (7) filing of a Notice of Intent
to Enforce a Restored Copyright,\9\ (8) filing of a Notice to Libraries
and Archives of Normal Commercial Exploitation or Availability at
Reasonable Price,\10\ (9) group registration of automated
databases,\11\ (10) requests for reconsideration for refusals to
register,\12\ (11) supplementary registrations for restored works, non-
photographic databases, and renewal registrations,\13\ (12)
registration of restored copyrights,\14\ (13) renewal
registrations,\15\ and (14) requests for full-term retention of
copyright deposits.\16\
---------------------------------------------------------------------------
\3\ Id. at Sec. 201.1(c)(2).
\4\ 37 CFR 201.1(c)(7), 201.2(e) and (f).
\5\ Id. at Sec. Sec. 201.1(c)(3), 201.7.
\6\ Id. at Sec. 201.11.
\7\ Id. at Sec. 201.12.
\8\ Id. at Sec. 201.28.
\9\ Id. at Sec. 201.33.
\10\ Id. at Sec. 201.39.
\11\ Id. at Sec. 202.3
\12\ Id. at Sec. Sec. 201.1(c)(3), 202.5.
\13\ Id. at Sec. 202.6(e)(4).
\14\ Id. at Sec. 202.12.
\15\ Id. at Sec. 202.17.
\16\ Id. at Sec. 202.23.
---------------------------------------------------------------------------
The final rule also updates several of these regulations to remove
the requirement that submissions to the Office contain a handwritten
signature. The rule instead adopts a more flexible requirement that
submissions contain ``a
[[Page 19667]]
legally binding signature, including an electronic signature as defined
in 15 U.S.C. 7006.'' The Office previously adopted a rule permitting
electronic signatures on statements of account filed with the Office
under the statutory license for secondary transmissions by cable
systems,\17\ and the same rationale is applicable here. These changes
apply to regulations governing statements of account for satellite
carriers and digital audio recording technology products, recordation
of certain cable contracts, and full-term retention requests.
---------------------------------------------------------------------------
\17\ Authentication of Electronic Signatures on Electronically
Filed Statements of Account, 82 FR 22,884 (May 19, 2017).
---------------------------------------------------------------------------
As new electronic submission options are implemented, the Office
will provide instructions on its website and on any relevant Office
forms. The Office also will provide electronic submission options for
other services where such delivery methods are already permitted under
existing regulations, including filing recorded documents and notices
of termination.\18\ For information about these options and other
Office operations during the COVID-19 pandemic, members of the public
should visit https://www.copyright.gov/coronavirus, which will be
updated regularly.
---------------------------------------------------------------------------
\18\ For example, on March 18, 2020, the Office modified its
processes to allow for receipt of requests for special handling of
registration applications via electronic application. See U.S.
Copyright Office, Registration Special Handling Arrangements,
NewsNet No. 807 (Mar. 18, 2020), https://www.copyright.gov/newsnet/2020/807.html.
---------------------------------------------------------------------------
In light of the ongoing national emergency, the Copyright Office
finds good cause to publish these amendments as a final rule effective
immediately, and without first publishing a notice of proposed
rulemaking, ``because of the demonstrable urgency of the conditions
they are designed to correct.'' \19\ Further, these updates constitute
a change to a ``rule[ ] of agency . . . procedure, or practice'' \20\
which do 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.'' \21\
---------------------------------------------------------------------------
\19\ H.R. Rep. No. 1980, 79th Cong., 2d Sess. 26 (1946). See 5
U.S.C. 553(d)(3); id. at 553(b)(3)(B) (notice and comment is not
necessary upon agency determination that it would be
``impracticable, unnecessary, or contrary to the public interest'').
\20\ 5 U.S.C. 553(b)(A).
\21\ JEM Broad. Co. v. F.C.C., 22 F.3d 320, 326 (DC Cir. 1994).
---------------------------------------------------------------------------
List of Subjects
37 CFR Part 201
Cable television, Copyright, Recordings, Satellites.
37 CFR Part 202
Claims, Copyright.
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:
0
a. In paragraph (b)(1), adding ``, or as otherwise indicated in
instructions on the Copyright Office's website or forms provided by the
Office'' after the word ``20559-6000''.
0
b. In paragraph (c)(2), adding the words ``and submitted either
electronically in the form and manner prescribed in instructions on the
Office's website or by mail to'' after ``Notices of Termination,''.
0
c. In paragraph (c)(3), adding the words ``and submitted either
electronically in the form and manner prescribed in instructions on the
Office's website or by mail to'' after ``RAC Division,''.
0
d. In paragraph (c)(4), adding the words ``and submitted either
electronically in the form and manner prescribed in instructions on the
Office's website or by mail to'' after ``Records Research and
Certification Section,''.
0
e. In paragraph (c)(5), adding a sentence at the beginning of the
paragraph and removing the word ``Notices'' and adding in its place
``If sending by mail, notices''.
0
f. In paragraph (c)(7):
0
i. Removing ``, P.O. Box 70400, Washington, DC 20024-0400'' in the
first sentence.
0
ii. Removing the words ``should be'' in the second sentence and in
their place adding ``may be submitted either electronically in the form
and manner prescribed in instructions on the Office's website or by
mail to P.O. Box 70400, Washington, DC 20024-0400, and''.
The addition reads as follows:
Sec. 201.1 Communication with the Copyright Office.
* * * * *
(c) * * *
(5) * * * Filings or inquiries to the Licensing Division may be
submitted either electronically in the form and manner prescribed in
instructions on the Office's website or by mail. * * *
* * * * *
Sec. 201.2 [Amended]
0
3. Amend Sec. 201.2 by:
0
a. In paragraph (e)(4), removing ``mailed to the address listed'' and
in its place adding the words ``sent to the Office as prescribed''.
0
b. In paragraph (e)(5), removing the word ``mail'' and in its place
adding the word ``send'' and adding ``physical mail address or email''
before the word ``address''.
0
c. In paragraph (e)(7), removing the words ``mailed to the address
listed'' and in their place adding the words ``sent to the Office as
prescribed''.
Sec. 201.7 [Amended]
0
4. Amend Sec. 201.7 by:
0
a. In paragraph (c)(1), removing the word ``mailed'' and in its place
adding the word ``sent''.
0
b. In paragraph (c)(4), removing the word ``mailed'' and in its place
adding the word ``sent''.
Sec. 201.11 [Amended]
0
5. Amend Sec. 201.11(e)(9) introductory text by removing the words
``The handwritten signature'' and adding in their place ``A legally
binding signature, including an electronic signature as defined in 15
U.S.C. 7006,''.
Sec. 201.12 [Amended]
0
6. Amend Sec. 201.12(a)(1) by:
0
a. Removing the words ``legible photocopy or other full-size facsimile
reproduction'' and adding in their place the word ``copy''.
0
b. Removing the words ``signed by'' and adding in their place ``that
shall include a legally binding signature, including an electronic
signature as defined in 15 U.S.C. 7006, of''.
Sec. 201.28 [Amended]
0
7. Amend Sec. 201.28(e)(7) by removing the words ``the handwritten
signature'' and adding in their place ``a legally binding signature,
including an electronic signature as defined in 15 U.S.C. 7006,''.
Sec. 201.33 [Amended]
0
8. Amend Sec. 201.33(c) by removing ``and should be typed or printed
by hand legibly in dark, preferably black, ink, on 8\1/2\ by 11 inch
white paper of good quality, with at least a one inch (or three cm)
margin'' and adding in its place ``, legible, and submitted in a
letter-sized document format''.
Sec. 201.39 [Amended]
0
9. Amend Sec. 201.39(g) by removing ``at the address specified'' and
adding in its place ``in the manner prescribed''.
[[Page 19668]]
PART 202--PREREGISTRATION AND REGISTRATION OF CLAIMS TO COPYRIGHT
0
10. The authority citation for part 202 continues to read as follows:
Authority: 17 U.S.C. 408(f), 702.
0
11. Amend Sec. 202.3 by revising paragraph (b)(5)(ii)(A) to read as
follows:
Sec. 202.3 Registration of copyright.
* * * * *
(b) * * *
(5) * * *
(ii) * * *
(A) A form that best reflects the subject matter of the material in
the database as set forth in paragraph (b)(2)(ii)(A) of this section,
completed in accordance with the instructions provided by the Copyright
Office on its website or in materials published by the Office.
Applications for group registration of an automated database consisting
predominantly of photographs may be submitted electronically only after
consultation and with the permission and under the direction of the
Visual Arts Division.
* * * * *
Sec. 202.5 [Amended]
0
12. Amend Sec. 202.5 by:
0
a. In paragraph (b)(3), removing ``or'' after the word ``postmarked''
and adding a comma in its place and adding ``, or otherwise received by
the Office,'' after the word ``messenger''.
0
b. In paragraph (c)(3), removing ``or'' after the word ``postmarked''
and adding a comma in its place and adding ``, or otherwise received by
the Office,'' after the word ``messenger''.
Sec. 202.6 [Amended]
0
13. Amend Sec. 202.6(e)(4) by removing the words ``a paper'' and
adding in their place the word ``an''.
Sec. 202.12 [Amended]
0
14. Amend Sec. 202.12(c)(1) by adding ``or electronically, in
accordance with instructions for submission and payment provided on the
Office's website or Form GATT itself'' after ``by mail''.
Sec. 202.17 [Amended]
0
15. Amend Sec. 202.17(g)(1) by removing ``mailed to the address
specified'' and adding in its place ``sent in the manner prescribed''.
Sec. 202.23 [Amended]
0
16. Amend Sec. 202.23(b)(2) by:
0
a. Removing the words ``at the address specified'' and adding in their
place the words ``in the manner prescribed''.
0
b. Removing the words ``be signed by'' and adding in their place
``include a legally binding signature, including an electronic
signature as defined in 15 U.S.C. 7006, of''.
Dated: April 2, 2020.
Maria Strong,
Acting Register of Copyrights and Director of the U.S. Copyright
Office.
Carla D. Hayden,
Librarian of Congress.
[FR Doc. 2020-07353 Filed 4-7-20; 8:45 am]
BILLING CODE 1410-30-P
