Group Registration of Newsletters, 31981-31982 [2020-09490]

Download as PDF Federal Register / Vol. 85, No. 103 / Thursday, May 28, 2020 / Rules and Regulations are subject to the informal notice-andcomment procedures described in § 1213.8 and to submit requests that we issue, reconsider, modify, or rescind guidance documents, in accordance with § 1213.10. It also provides contact information for the public to submit complaints that an office is not following the requirements of OMB’s Good Guidance Bulletin or is improperly treating a guidance document as a requirement binding on the public. jbell on DSKJLSW7X2PROD with RULES § 1213.8 Significant guidance. (a) Good faith cost estimates. Even though not legally binding on the public, some agency guidance may result in a substantial economic impact on the public. 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You must submit your petition through one of these means, and the petition must: (1) Describe the nature of the request and set out the text or substance of the guidance you are requesting or that you wish us to reconsider, modify, or rescind; (2) Explain your interest in the action you are requesting; and (3) Contain any information and arguments you have to support the action you are seeking. (c) We will review your request and make a decision whether to grant the request or deny it in whole or in part. We will provide you with a response to your request and a status update or our decision within 90 days after we receive PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 31981 the petition, if you provide email or mail contact information. § 1213.14 Rescinded guidance. We may not cite, use, or rely on guidance documents that we have rescinded, except to establish historical facts. § 1213.16 Exigent circumstances. In emergency situations or when we are required by statutory deadline, court order, or other exigent circumstances to act more quickly than normal review procedures allow, we notify OIRA as soon as possible and, to the extent practicable, comply with the requirements of this subpart at the earliest opportunity. Whenever practicable, we permit sufficient time to comply with the procedures in this subpart. § 1213.18 rights. No judicial review or enforceable We intend this part to improve our internal management. As a result, it is for the use of NARA personnel only and we do not intend it to, nor does it, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its agencies or other entities, its officers or employees, or any other person. David S. Ferriero, Archivist of the United States. [FR Doc. 2020–09353 Filed 5–27–20; 8:45 am] BILLING CODE 7515–01–P LIBRARY OF CONGRESS U.S. Copyright Office 37 CFR Parts 201 and 202 [Docket No. 2020–2] Group Registration of Newsletters U.S. Copyright Office, Library of Congress. ACTION: Final rule. AGENCY: The U.S. Copyright Office is amending its regulation governing the group registration option for newsletter issues. The final rule eliminates the requirement that newsletters must be published at least two days each week to qualify for a group registration. In addition, the final rule updates the address where complimentary subscriptions should be sent for purposes of satisfying the mandatory deposit requirement for newsletters and other serials. DATES: Effective June 29, 2020. SUMMARY: E:\FR\FM\28MYR1.SGM 28MYR1 31982 Federal Register / Vol. 85, No. 103 / Thursday, May 28, 2020 / Rules and Regulations FOR FURTHER INFORMATION CONTACT: Robert J. Kasunic, Associate Register of Copyrights and Director of Registration Policy and Practice, rkas@copyright.gov; Erik Bertin, Deputy Director of Registration Policy and Practice, ebertin@copyright.gov; or Kevin Amer, Deputy General Counsel, kamer@ copyright.gov. They can be reached by telephone at (202) 707–3000. SUPPLEMENTARY INFORMATION: The U.S. Copyright Office has established a group registration option that allows a newsletter publisher to register an entire month of issues with one application and one filing fee. A publisher may use this option if each issue is ‘‘an all-new issue or an all-new collective work that has not been previously published.’’ 1 In addition, the newsletter ‘‘must usually’’ be published ‘‘at least two days each week.’’ 2 The word ‘‘usually’’ was added to the regulation ‘‘to account for occasional situations where the newsletter suspends publication (e.g., for a holiday).’’ 3 On February 24, 2020, the Office issued a notice of proposed rulemaking (the ‘‘NPRM’’) requesting public comment on an amendment that would extend this option to a broader range of publishers.4 The NPRM noted that it had come to the Office’s attention that many newsletters are published just once a week.5 The requirement that publication must usually occur at least twice a week renders these newsletters ineligible for this group registration option. Some newsletter publishers may be able to use the group registration option for serials (which is specifically intended for publications that are distributed at intervals of a week or longer), but to do so each issue ‘‘must be an all-new collective work.’’ 6 Thus, if a newsletter is published once a week, and if the issues in the group do not qualify as all-new collective works, the publisher may not qualify for either the group registration option for newsletters or the group registration option for serials. For these types of newsletters, the publisher must submit a separate application and filing fee for each issue. To address this issue, the NPRM proposed to eliminate the requirement that newsletters must be published at least two days a week to qualify for the 1 37 CFR 202.4(f)(1)(iii). § 202.4(f)(1)(i). 3 83 FR 22902, 22904 (May 17, 2018). 4 85 FR 10349 (Feb. 24, 2020). 5 Id. at 10350. 6 37 CFR 202.4(d)(1)(iii), (v). See 17 U.S.C. 101 (defining ‘‘collective work’’ as ‘‘a work, such as a periodical issue, anthology, or encyclopedia, in which a number of contributions, constituting separate and independent works in themselves, are assembled into a collective whole’’). jbell on DSKJLSW7X2PROD with RULES 2 Id. VerDate Sep<11>2014 16:03 May 27, 2020 Jkt 250001 group registration option for newsletters.7 During the comment period, the Office received no comments concerning the NPRM.8 Therefore, the Office is proceeding to issue a final rule that is identical to the proposed rule. Under the final rule, newsletter publishers will still be required to complete and submit an online application and upload a digital deposit to seek a group registration.9 The online application is labeled ‘‘Daily Newsletters,’’ but to be clear, this form may be used to register any newsletter, even if it is not published on a daily basis, as long as all of the issues are published within the same month. Likewise, newsletter publishers will still be required to comply with the mandatory deposit requirement if the newsletter is published in the United States in a physical form.10 To satisfy this requirement, the publisher must provide the Library of Congress with up to two complimentary subscriptions to the newsletter.11 To facilitate this process, the final rule updates the mailing address where complimentary subscription copies of newsletters and other serials should be sent. List of Subjects 37 CFR Part 201 Copyright, General Provisions. 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: (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 serial publications that are not being registered) should be addressed to: Library of Congress, U.S. Copyright Office, Attn: 407 Deposits, 101 Independence Avenue SE, Washington, DC 20559–6600, except that mandatory deposit copies submitted as complimentary subscriptions for serial publications that are being registered should be addressed to: Library of Congress, Group Serials Registration, Washington, DC 20540–4161. * * * * * PART 202—PREREGISTRATION AND REGISTRATION OF CLAIMS TO COPYRIGHT 3. The authority citation for part 202 continues to read as follows: ■ Authority: 17 U.S.C. 408(f), 702 § 202.4 [Amended] 4. In § 202.4, amend the third sentence of paragraph (f)(1)(i) by removing ‘‘Publication must usually occur at least two days each week and the’’ and adding ‘‘The’’ in its place. ■ Dated: April 27, 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. 2020–09490 Filed 5–27–20; 8:45 am] BILLING CODE 1410–30–P PART 201—GENERAL PROVISIONS 1. The authority citation for part 201 continues to read as follows: ■ Authority: 17 U.S.C. 702 DEPARTMENT OF VETERANS AFFAIRS 2. Revise § 201.1(c)(6) to read as follows: 38 CFR Part 17 § 201.1 Office Technical Correction to Reimbursement of Qualifying Adoption Expenses for Certain Veterans ■ * Communication with the Copyright * * (c) * * * * * at 10350. To be eligible for group registration under this rule, the group must consist of at least two issues, and all of the issues included in the group must be published in the same calendar month. 37 CFR 202.4(f)(1)(ii), (v). 8 The Office received one comment making reference to copyright. It can be accessed at https:// www.copyright.gov/rulemaking/group-newslettersfrequency/. 9 37 CFR 202.4(f)(2), (3). 10 Id. § 202.19(d)(2)(xi). 11 Newsletters that are published solely in electronic format remain subject to the Library’s ondemand mandatory deposit regime for electronic serials. See id. 202.19(c)(5), 202.24. Frm 00046 Department of Veterans Affairs. Correcting Amendment. AGENCY: 7 Id. PO 00000 RIN 2900–AQ01 Fmt 4700 Sfmt 4700 ACTION: This final rule will add the Office of Management and Budget approval number for the new collection of information in the Department of Veterans Affairs (VA) regulation that governs the reimbursement of qualifying adoption expenses incurred by a veteran with a service-connected disability that results in the inability of the veteran to procreate without the use of fertility treatment. SUMMARY: E:\FR\FM\28MYR1.SGM 28MYR1

Agencies

[Federal Register Volume 85, Number 103 (Thursday, May 28, 2020)]
[Rules and Regulations]
[Pages 31981-31982]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09490]


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LIBRARY OF CONGRESS

U.S. Copyright Office

37 CFR Parts 201 and 202

[Docket No. 2020-2]


Group Registration of Newsletters

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

ACTION: Final rule.

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

SUMMARY: The U.S. Copyright Office is amending its regulation governing 
the group registration option for newsletter issues. The final rule 
eliminates the requirement that newsletters must be published at least 
two days each week to qualify for a group registration. In addition, 
the final rule updates the address where complimentary subscriptions 
should be sent for purposes of satisfying the mandatory deposit 
requirement for newsletters and other serials.

DATES: Effective June 29, 2020.

[[Page 31982]]


FOR FURTHER INFORMATION CONTACT: Robert J. Kasunic, Associate Register 
of Copyrights and Director of Registration Policy and Practice, 
[email protected]; Erik Bertin, Deputy Director of Registration Policy 
and Practice, [email protected]; or Kevin Amer, Deputy General 
Counsel, [email protected]. They can be reached by telephone at (202) 
707-3000.

SUPPLEMENTARY INFORMATION: The U.S. Copyright Office has established a 
group registration option that allows a newsletter publisher to 
register an entire month of issues with one application and one filing 
fee. A publisher may use this option if each issue is ``an all-new 
issue or an all-new collective work that has not been previously 
published.'' \1\ In addition, the newsletter ``must usually'' be 
published ``at least two days each week.'' \2\ The word ``usually'' was 
added to the regulation ``to account for occasional situations where 
the newsletter suspends publication (e.g., for a holiday).'' \3\
---------------------------------------------------------------------------

    \1\ 37 CFR 202.4(f)(1)(iii).
    \2\ Id. Sec.  202.4(f)(1)(i).
    \3\ 83 FR 22902, 22904 (May 17, 2018).
---------------------------------------------------------------------------

    On February 24, 2020, the Office issued a notice of proposed 
rulemaking (the ``NPRM'') requesting public comment on an amendment 
that would extend this option to a broader range of publishers.\4\ The 
NPRM noted that it had come to the Office's attention that many 
newsletters are published just once a week.\5\ The requirement that 
publication must usually occur at least twice a week renders these 
newsletters ineligible for this group registration option. Some 
newsletter publishers may be able to use the group registration option 
for serials (which is specifically intended for publications that are 
distributed at intervals of a week or longer), but to do so each issue 
``must be an all-new collective work.'' \6\ Thus, if a newsletter is 
published once a week, and if the issues in the group do not qualify as 
all-new collective works, the publisher may not qualify for either the 
group registration option for newsletters or the group registration 
option for serials. For these types of newsletters, the publisher must 
submit a separate application and filing fee for each issue.
---------------------------------------------------------------------------

    \4\ 85 FR 10349 (Feb. 24, 2020).
    \5\ Id. at 10350.
    \6\ 37 CFR 202.4(d)(1)(iii), (v). See 17 U.S.C. 101 (defining 
``collective work'' as ``a work, such as a periodical issue, 
anthology, or encyclopedia, in which a number of contributions, 
constituting separate and independent works in themselves, are 
assembled into a collective whole'').
---------------------------------------------------------------------------

    To address this issue, the NPRM proposed to eliminate the 
requirement that newsletters must be published at least two days a week 
to qualify for the group registration option for newsletters.\7\ During 
the comment period, the Office received no comments concerning the 
NPRM.\8\ Therefore, the Office is proceeding to issue a final rule that 
is identical to the proposed rule.
---------------------------------------------------------------------------

    \7\ Id. at 10350. To be eligible for group registration under 
this rule, the group must consist of at least two issues, and all of 
the issues included in the group must be published in the same 
calendar month. 37 CFR 202.4(f)(1)(ii), (v).
    \8\ The Office received one comment making reference to 
copyright. It can be accessed at https://www.copyright.gov/rulemaking/group-newsletters-frequency/.
---------------------------------------------------------------------------

    Under the final rule, newsletter publishers will still be required 
to complete and submit an online application and upload a digital 
deposit to seek a group registration.\9\ The online application is 
labeled ``Daily Newsletters,'' but to be clear, this form may be used 
to register any newsletter, even if it is not published on a daily 
basis, as long as all of the issues are published within the same 
month.
---------------------------------------------------------------------------

    \9\ 37 CFR 202.4(f)(2), (3).
---------------------------------------------------------------------------

    Likewise, newsletter publishers will still be required to comply 
with the mandatory deposit requirement if the newsletter is published 
in the United States in a physical form.\10\ To satisfy this 
requirement, the publisher must provide the Library of Congress with up 
to two complimentary subscriptions to the newsletter.\11\ To facilitate 
this process, the final rule updates the mailing address where 
complimentary subscription copies of newsletters and other serials 
should be sent.
---------------------------------------------------------------------------

    \10\ Id. Sec.  202.19(d)(2)(xi).
    \11\ Newsletters that are published solely in electronic format 
remain subject to the Library's on-demand mandatory deposit regime 
for electronic serials. See id. 202.19(c)(5), 202.24.
---------------------------------------------------------------------------

List of Subjects

37 CFR Part 201

    Copyright, General Provisions.

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. Revise Sec.  201.1(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 serial publications that are 
not being registered) should be addressed to: Library of Congress, U.S. 
Copyright Office, Attn: 407 Deposits, 101 Independence Avenue SE, 
Washington, DC 20559-6600, except that mandatory deposit copies 
submitted as complimentary subscriptions for serial publications that 
are being registered should be addressed to: Library of Congress, Group 
Serials Registration, Washington, DC 20540-4161.
* * * * *

PART 202--PREREGISTRATION AND REGISTRATION OF CLAIMS TO COPYRIGHT

0
3. The authority citation for part 202 continues to read as follows:

    Authority: 17 U.S.C. 408(f), 702


Sec.  202.4  [Amended]

0
4. In Sec.  202.4, amend the third sentence of paragraph (f)(1)(i) by 
removing ``Publication must usually occur at least two days each week 
and the'' and adding ``The'' in its place.

    Dated: April 27, 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. 2020-09490 Filed 5-27-20; 8:45 am]
BILLING CODE 1410-30-P
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