Group Registration of Works on an Album of Music, 10820-10826 [2021-03533]
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Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Rules and Regulations
TABLE 1—NADAS FOR WHICH APPROVAL IS WITHDRAWN—Continued
Application No.
Trade name
(drug)
Sponsor
045–863 .............
PALOSEIN (orgotein) ...............................................................
046–922 .............
SERGEANTS SURE SHOT (n-butyl chloride) Capsules ........
046–923 .............
SERGEANTS (n-butyl chloride) Puppy Worm Capsules .........
065–067 .............
Tetracycline Hydrochloride Tablets ..........................................
140–850 .............
141–107 .............
ELITE (dichlorophene and toluene) Dog and Cat Wormer .....
BAPTEN for Injection (+-aminopropionitrile fumarate) ............
OXIS International, Inc., 6040 N. Cutter Circle, suite 317,
Portland, OR 97217–3935.
ConAgra Pet Products Co., 3902 Leavenworth St., Omaha,
NE 68105.
ConAgra Pet Products Co., 3902 Leavenworth St., Omaha,
NE 68105.
Premo Pharmaceutical Laboratories, Inc., 111 Leuning St.,
South Hackensack, NJ 07606.
RSR Laboratories, Inc., 501 Fifth St., Bristol, TN 37620.
Alaco, Inc., 1500 North Wilmot Rd., suite 290–C, Tucson, AZ
85712.
The Commissioner of Food and Drugs
(the Commissioner), under section
512(e)(2)(A) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C.
360b(e)(2)(A)), finds that the holders of
the applications listed in this document
have repeatedly failed to submit reports
required by § 514.80. In addition, under
§ 514.200(b), the Commissioner finds
that the holders of the applications have
waived any contentions concerning the
legal status of the drug products.
Therefore, under these findings,
approval of the applications listed in
this document, and all amendments and
supplements thereto, is hereby
withdrawn, effective February 23, 2021.
Elsewhere in this issue of the Federal
Register, FDA is amending the animal
drug regulations to reflect the
withdrawal of approval of these
applications.
distributed together, regardless of
whether such distribution occurs via
physical or digital media. The final rule
generally adopts the provisions set forth
in the May 2019 notice of proposed
rulemaking in this proceeding, with
certain updates to reflect the planned
implementation of new online
applications for this option.
DATES: Effective March 26, 2021.
FOR FURTHER INFORMATION CONTACT:
Regan A. Smith, General Counsel and
Associate Register of Copyrights, by
email at regans@copyright.gov; Robert
Kasunic, Associate Register of
Copyrights and Director of Registration
Policy and Practice, by email at rkas@
copyright.gov; or John R. Riley,
Assistant General Counsel, by email at
jril@copyright.gov. Each can be
contacted by telephone at 202–707–
8350.
Dated: February 11, 2021.
Lauren K. Roth,
Acting Principal Associate Commissioner for
Policy.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2021–03250 Filed 2–22–21; 8:45 am]
BILLING CODE 4164–01–P
LIBRARY OF CONGRESS
Copyright Office
37 CFR Parts 201 and 202
[Docket No. 2019–4]
Group Registration of Works on an
Album of Music
U.S. Copyright Office, Library
of Congress.
ACTION: Final rule.
AGENCY:
The U.S. Copyright Office is
creating a new group registration option
for musical works, sound recordings,
and certain other works contained on an
album. This option will permit the
registration of a group of musical works
or a group of sound recordings
SUMMARY:
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I. Background
The Copyright Act authorizes the
Register of Copyrights to specify by
regulation the administrative classes of
works available for the purpose of
seeking a registration and the nature of
the deposits required for each class. In
addition, Congress gave the Register the
discretion to allow registration of groups
of related works with one application
and one filing fee, a procedure known
as ‘‘group registration.’’ 1 Pursuant to
this authority, the Register has issued
regulations permitting the Office to
issue group registrations for certain
types of works, including for groups of
newspapers, unpublished works,
newsletters and serials, unpublished
and published photographs,
contributions to periodicals, secure test
items, and short online literary works.2
On May 20, 2019, the Office
published a Notice of Proposed
Rulemaking (‘‘NPRM’’) proposing to
1 37
2 37
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create a new group registration option
for musical works, sound recordings,
and associated literary, pictorial, and
graphic works contained on an album.
This option is referred to as ‘‘Group
Registration of Works on an Album of
Music,’’ or ‘‘GRAM.’’ 3 The proposed
rule would allow an applicant to
register up to twenty musical works and
twenty sound recordings, i.e., forty total
works, if the works were fixed in the
same phonorecord, if the works were
created by the same author or had at
least one common author, and if the
claimant for each work in the group was
the same. The proposed rule also would
permit the registration of associated
literary, pictorial, and graphic works in
the album, such as cover art, liner notes,
or posters. To exercise this option, the
Office proposed that applicants would
be required to submit their claims
through the online copyright
registration system using the Standard
Application.
The Office received thirteen
comments in response to the NPRM,
eleven from individuals, one from the
National Music Publishers Association
(‘‘NMPA’’), and a joint comment by the
American Association of Independent
Music (‘‘A2IM’’) and the Recording
Industry Association of America
(‘‘RIAA’’). Each commenter supported
the Office’s proposal to create the new
group registration option, though some
suggested various amendments to the
proposed rule, including removing the
proposed limit on the number of works
that may be included in each claim and
clarifying who could be listed as a
claimant of a work in a GRAM
registration.
Having reviewed and carefully
considered the submitted comments, the
Office now issues a final rule that
generally follows the proposed rule,
with some modifications. First, the rule
requires claims under this option to be
submitted using a new online
3 84
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FR 22762 (May 20, 2019).
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application specifically created for
GRAM filings, rather than on the
Standard Application. Second, to avoid
inefficiencies in the examination
process and ambiguities in the public
record, the final rule requires groups of
musical works and groups of sound
recordings to be registered using
separate applications.
II. The Final Rule
A. Eligibility Requirements
1. Definition of an ‘‘Album’’; Number of
Works
The NPRM proposed limiting this
group registration option to musical
works, sound recordings, and any
associated literary, pictorial, or graphic
works on an album of music, such as
liner notes and cover artwork. It defined
an ‘‘album’’ as ‘‘a single physical or
electronic unit of distribution
containing at least two musical works
and/or sound recordings embodied in
phonorecords, including any associated
literary, pictorial, or graphic works
distributed with the unit.’’ 4 Three
commenters requested clarification to
ensure that the rule is sufficiently
flexible to accommodate streaming
services and other distribution models
that do not involve the purchasing of
copies. A2IM and RIAA argued that the
term ‘‘album’’ should be eliminated, as
it ‘‘appear[s] to be tied to physical
distribution and to an ownership
model’’ of music.5 They proposed
instead using the term ‘‘release,’’ which
would be defined as ‘‘a collection of two
or more sound recordings or other
media that are grouped together as those
terms are used in the Copyright Act.’’ 6
In their view, this approach would have
the advantage of ‘‘avoid[ing] the single
unit of distribution concept’’ and would
be ‘‘generic enough to embrace new
release formats, such as a playlist that
contains all new recordings released by
a single artist and grouped together for
commerce.’’ 7 NMPA did not propose a
change to the regulatory text but urged
the Office to consider adding language
to the Compendium of U.S. Copyright
Office Practices or a circular to clarify
that ‘‘the GRAM option extends to
albums that are not offered for digital
purchase.’’ 8
The proposed definition of ‘‘album’’ is
not intended to be limited to albums
distributed under a model in which
copies are acquired and retained by a
purchaser—e.g., downloads or physical
4 84
FR at 22764, 22768.
& RIAA Comments at 4.
5 A2IM
6 Id.
7 Id.
at 5.
Comments at 3 (citing 84 FR at 22764).
8 NMPA
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media. A collection of musical
recordings presented and offered to the
public under authority of the copyright
owner as a self-contained, fixed group
would qualify as ‘‘a single physical or
electronic unit of distribution’’ for
purposes of the rule, regardless of
whether the works are accessed via
download, stream, or other mechanism.
The key consideration is whether there
is some indication of the copyright
owner’s intention to release the works
together as a single collection, as
distinguished from, for example,
releasing them over time as additions to
an evolving playlist.9 Thus, a group of
songs presented together on a streaming
service may qualify as an album,
provided the other eligibility
requirements are met.
It is partly for this reason that the
final rule defines ‘‘album’’ as a ‘‘unit of
distribution.’’ As discussed in the
NPRM, the Office’s existing ‘‘unit of
publication’’ option has long provided a
vehicle for registering albums released
in physical formats, such as a ‘‘CD
packaged with cover art and a leaflet
containing lyrics’’ or a ‘‘box set of music
CDs.’’ 10 While the Office has declined
to extend the unit of publication option
to digital products, the GRAM option is
intended to provide an analogous
mechanism for digital music albums, in
part to ensure that albums ‘‘released
first (or only) in digital formats’’ are
eligible for similar registration
options.11 The final rule accordingly
retains the proposed definition, and the
Office intends this further guidance to
address comments regarding the scope
of eligibility for the GRAM option.
Some commenters expressed concern
with the proposed requirement that an
applicant ‘‘submit documentation . . .
confirming that the musical works and/
or sound recordings were included on
the album.’’ 12 A2IM and RIAA and an
individual commenter, Jesse Morris,
argued that it should be sufficient for an
applicant to submit a sworn statement
to that effect.13 The Office agrees with
this recommendation. As part of the
application, the applicant will be
required to certify that the works being
registered satisfy the requirements for
this group registration option, including
that the works in the group were all
9 See Album, Dictionary.com (2021 ed.), https://
www.dictionary.com/browse/album (‘‘a collection
of audio recordings released together as a collected
work’’).
10 84 FR at 22764 (quoting U.S. Copyright Office,
Compendium of U.S. Copyright Office Practices,
Third Edition (‘‘Compendium (Third)’’) sec. 1107.1).
11 84 FR at 22764.
12 84 FR at 22768.
13 A2IM & RIAA Comments at 7–8; Jesse Morris
Comments at 2.
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published on the same album. The
language regarding documentation
accordingly has been removed from the
final rule.
The NPRM also proposed to allow
applicants to register up to twenty
musical works or twenty sound
recordings contained in an album. Some
commenters requested that the Office
remove or at least raise the twenty-work
cap. In addition to noting that some
albums contain more than twenty
tracks,14 commenters pointed out that
the Standard Application does not
contain a title cap and voiced concern
that applicants could include more than
twenty tracks in error.15 NMPA
suggested that such mistakes could
result in a refusal to register or delays
due to required correspondence.16 As
discussed further below, however, the
Office will not be using the Standard
Application for this registration option,
and therefore believes that such errors
are less likely. The new application for
claims registered under this option will
include a system validation that should
prevent applicants from listing more
than twenty musical works or sound
recordings in the application.
More generally, the Office has
concluded that a twenty-work cap is
appropriate to balance the needs of
applicants with the administrative
capabilities of the Office. As noted in
the NPRM, the Office believes that this
limit will make this group option
available to the majority of albums
actually distributed in the market, and
in any event, albums with more than
twenty works would still benefit from
this group option because applicants
may be able to register additional works
with a separate GRAM application.17
Removing or raising the cap would
likely increase the average processing
time for these applications and thereby
undermine the efficiency of this group
option. Indeed, there is a potential that
even the twenty-work cap may prove
inefficient if the average number of
works on each application approaches
twenty. The Office remains open to
14 See A2IM & RIAA Comments at 5; NMPA
Comments at 3; Anonymous Anonymous
Comments at 2 (‘‘20 seems low’’ but ‘‘25 to 30
would cover most albums and a handful of
soundtracks’’). Other commenters appeared
satisfied with this number. See Anonymous Artist
Comments at 2 (‘‘As a musician most of my albums
contain 10 to 15 songs.’’); Brian Smith Comments
at 2 (detailing desire to register ‘‘20 songs including
music recordings and artwork’’); Rich Turgeon
Comments at 2 (noting that it ‘‘[w]ould be nice to
just keep [the GRAM registration option]
straightforward and be able to register up to 12–13
songs at a time’’).
15 A2IM & RIAA Comments at 5; NMPA
Comments at 3.
16 NMPA Comments at 3.
17 84 FR at 22764–65 & n.30.
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revisiting this issue based on data that
become available after implementation,
including with respect to fees, staffing,
and processing times.18
2. Custom Application; Works That May
Be Included
Under the proposed rule, an applicant
could register up to twenty musical
works and twenty sound recordings, i.e.,
forty total works, using the Standard
Application if the works were fixed in
the same phonorecord and the other
regulatory requirements were met.19
A2IM and RIAA expressed concern over
the requirement to use the Standard
Application, urging the Office to instead
‘‘create a dedicated GRAM application
that runs on the existing system.’’ 20
They observed that this approach would
‘‘[n]ot only . . . encourage use of GRAM
by smaller, less sophisticated, less
frequent users,’’ but also would ‘‘lead to
fewer telephone inquiries from
copyright owners and [would] require
less correspondence from registration
specialists, both of which will save the
Office time and money.’’ 21 The Office
agrees that decoupling GRAM
applications from the Standard
Application would greatly simplify the
registration process for both applicants
and Office staff, and therefore it has
worked with the Library’s Office of the
Chief Information Officer to develop
new applications specifically for GRAM
that can be accessed and submitted
through the electronic registration
system (‘‘eCO’’). The final rule has been
updated to reflect this change.
In the course of developing this
functionality, the Office also determined
that permitting the registration of both
musical works and sound recordings
using one application may give rise to
complexities in the examination process
that could hinder the Office’s efficient
administration of the group option. For
example, in cases where the musical
works and sound recordings on an
album have different authors, an
applicant would be required to list all
the authors of both the music and sound
recordings, to list the titles of the works
created by each author, and to provide
an appropriate authorship statement to
describe each author’s contribution(s) to
each work. In the Registration Program’s
experience, challenges or inaccuracies
are likely to arise where the nature of
the applicant’s authorship differs with
respect to the musical work and the
sound recording for multiple album
tracks. For example, if an author created
18 Id.
at 22765.
at 22764.
20 A2IM & RIAA Comments at 8.
21 Id.
19 Id.
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twenty sound recordings on an album,
but wrote only ten of the musical works
embodied in those recordings, she
would be required to provide titles for
all twenty works and exclude from the
musical work claim the ten
compositions she did not author by
listing their titles in the Material
Excluded field. Given the number of
possible permutations, such
requirements would likely lead to
ambiguities requiring correspondence
with the applicant, as well as potential
inaccuracies in the public record,
particularly where the applicant is
unfamiliar with the distinction between
musical works and sound recordings for
copyright purposes. Because such
correspondence would likely result in
additional refusals or a higher fee for
this group registration option to
accommodate the additional Office
resources needed, the Office has
determined that it is preferable to create
a bifurcated group option.
The final rule accordingly provides
for two separate types of applications.
An applicant may register up to twenty
musical works on an album using the
application designated for ‘‘musical
works from an album.’’ An applicant
may register up to twenty sound
recordings, as well as any associated
literary, pictorial, or graphic works first
published with the same album, using
the application designated for ‘‘sound
recordings from an album.’’ The initial
version of the application for ‘‘musical
works from an album’’ will not include
an option for registration of these
ancillary materials because the Office
understands that typically these works
are not authored or owned by the party
that authored or owns the musical
works. To the extent there is a need in
the marketplace, however, the Office is
open to considering a future update that
would permit registration of such
materials on the application for
‘‘musical works from an album.’’ The
Office welcomes public input on
whether copyright owners would
benefit from such an option.
3. Title Information
The NPRM proposed that an applicant
be required to provide a title for the
album, a title for each musical work
and/or sound recording, titles for any
associated literary, pictorial, or graphic
works that are included in the group,
and a title that identifies the group as a
whole, starting with the word
‘‘GRAM.’’ 22 Some commenters objected
to the requirement to provide a separate
title for the group. Among other
concerns, they noted that the
22 84
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FR at 22766.
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registration certificate would start with
‘‘GRAM,’’ while the album offered for
sale would not, causing potential
confusion in the public record and in
litigation.23
In light of these concerns, and
because the group-title requirement was
necessitated by the limitations of the
Standard Application,24 the Office has
eliminated this requirement. Instead,
the GRAM applications will include a
mandatory field for the title of the
album, which will appear on the
registration certificate and in the public
record. The album title will be used to
automatically generate a group title (e.g.,
‘‘Works published on the album
[ALBUM TITLE]’’). The group title and
the album title will both appear in the
registration certificate and the public
record. For applications that include
literary, pictorial, or graphic works, the
system will automatically generate titles
for those works (e.g., ‘‘Liner notes,
photograph(s), and/or artwork first
published on the album [ALBUM
TITLE]’’), although the applicant may
provide a more specific title for those
works by following the instructions
given in the help text. The Office will
add those titles to the public record
when it examines the claim.
4. Collective Work Registration
RIAA and A2IM requested that the
Office allow applicants to include the
full album as a collective work as one
of the works that can be registered on
the GRAM application.25 They noted
that some existing group registration
options permit registration of both a
collective work and the individual
component works, citing the unit of
publication and group serial options as
examples.26 But these commenters did
not explain why they believe there is a
need for such an option in the GRAM
application given that applicants
already have the ability to register both
a collective work and the individual
works comprising it by filing a
collective work claim using the
Standard Application. As discussed in
the NPRM, a collective work registration
will extend to the individual component
works if the copyright in those works is
held by the owner of the collective work
copyright, provided the component
works contain sufficient original
authorship and have not been
23 A2IM & RIAA Comments at 6; Jesse Morris
Comments at 1.
24 See Jesse Morris Comments at 1; A2IM & RIAA
Comments at 6.
25 A2IM & RIAA Comments at 3.
26 Id. at 3–4.
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previously published or registered.27
Thus, where a party seeks to register an
album as a collective work in addition
to registering the individual sound
recordings and/or musical works, it may
do so under the existing collective work
option. The GRAM option will
complement this option by facilitating
registration of multiple works in cases
where parties own copyrights in
multiple individual works on an album
but are ineligible for collective work
registration—for example, because they
are not the owner of the collective work
copyright or because the particular
selection and arrangement of tracks does
not qualify as a collective work. Based
on the record at this time, the final rule
accordingly does not include this
option.
5. Author and Claimant
Under the proposed rule, ‘‘all of the
works claimed in the group must have
a common author,’’ and ‘‘the copyright
claimant(s) for each work must be the
same person(s) or organization.’’ 28 The
NPRM explained that ‘‘the claimant may
either be (1) the author or co-author of
all of the works, or (2) the party that
owns all of the exclusive rights that
initially belonged to the author or coauthors.’’ 29
NMPA asked the Office to clarify the
definition of ‘‘claimant’’ for GRAM
registration eligibility. Specifically, it
expressed concern over the NPRM’s
statement that ‘‘if the works were
created by two or more co-authors, the
claimant or co-claimant must own or coown all of the rights that initially
belonged to the co-authors. If a party
owns or co-owns the rights that initially
belonged to some, but not all, of the coauthors, that party cannot be named as
a copyright claimant.’’ 30 In NMPA’s
view, this statement could ‘‘suggest that
a claimant who has been assigned rights
by a co-author of a work (for example,
a music publisher to whom a songwriter
who is a co-author of a song has
assigned their rights) must have
obtained all of the rights from all of the
co-authors of a song.’’ 31
To clarify, the definition of
‘‘claimant’’ for purposes of the GRAM
option is not intended to differ from the
generally applicable definition of that
term. Under the Office’s regulations, a
copyright claimant is either ‘‘(i) [t]he
author of a work’’ or ‘‘(ii) [a] person or
27 84 FR at 22763 & n.16 (citing Compendium
(Third) sec. 509.2; U.S. Copyright Office, Circular
34: Multiple Works 2–3).
28 Id. at 22765.
29 Id.
30 NMPA Comments at 4 (quoting 84 FR at 22765–
66).
31 Id.
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organization that has obtained
ownership of all rights under the
copyright initially belonging to the
author.’’ 32 Thus, a publisher that is the
transferee of all of the exclusive rights
of a joint author of eligible works may
be listed as a claimant for purposes of
a GRAM application, even if the
publisher has not received rights from
other joint authors. If, however, only a
subset of a joint author’s exclusive
rights have been transferred to it, the
publisher would not qualify as a
claimant. While the Office cannot
advise as to how this standard may
apply to specific types of assignments,
whether a given transaction constitutes
a transfer of copyright ownership—as
distinguished from merely a
nonexclusive license—will be governed
by the statutory definition of that
term.33
To the extent NMPA’s comment is
raising concerns regarding the
‘‘claimant’’ definition more generally,
the Office notes that any changes to that
provision would have implications for a
broader range of stakeholders than those
affected by the GRAM option. The
Office therefore does not believe that
this proceeding is the appropriate forum
for consideration of such changes,
although it is open to considering this
question more broadly.34 As the Office
continues development of its nextgeneration registration system, however,
it will continue to explore ways to better
accommodate registrations involving
jointly owned works, and welcomes
input from NMPA and other interested
parties. The Office also notes that a
third party who is assigned a copyright
interest but does not qualify as a
claimant for GRAM registration
purposes may record its ownership
information in the Office’s public
record.35 Moreover, as noted above, an
author of the work may always be listed
as a claimant.
6. Publication Information
Commenting parties did not object to
the requirement that a GRAM
application must ‘‘specify the date and
32 37 CFR 202.3(a)(3); see also Compendium
(Third) sec. 405.1.
33 See 17 U.S.C. 101 (‘‘A ‘transfer of copyright
ownership’ is an assignment, mortgage, exclusive
license, or any other conveyance, alienation, or
hypothecation of a copyright or of any of the
exclusive rights comprised in a copyright, whether
or not it is limited in time or place of effect, but
not including a nonexclusive license.’’).
34 The Office has an open rulemaking proceeding
on this provision. See Registration of Copyright:
Definition of Claimant, 77 FR 29257 (May 17, 2012).
35 37 CFR 201.4; see also Document Recordation:
Completing and Submitting Declarations of
Ownership in Musical Works, U.S. Copyright Office,
https://www.copyright.gov/recordation/domw/.
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10823
nation of publication for the album.’’ 36
NMPA, however, expressed concern
over the requirement that all eligible
works in the group be published on the
album on the same date, noting that it
is common for a song to be published
as a single before it is published as part
of an album.37 It suggested that the
Office allow previously published
works that are later included on an
album to be included in a GRAM
registration ‘‘to maximize the [GRAM
option’s] usefulness’’ and ‘‘to encourage
an accurate public record.’’ 38 The Office
has amended the final rule to allow for
the registration of a musical work or
sound recording that was previously
published as an individual work only
(e.g., as a single), provided that the
application includes the statutorilyrequired date of first publication for
each of the works.39 Applicants should
provide this information in the ‘‘Note to
Copyright Office’’ field in the relevant
GRAM application. The certificate of
registration will be annotated to reflect
the additional publication dates.
In addition, A2IM and RIAA and Jesse
Morris separately asked for a
clarification in the final rule that
previously published or registered
works that were later contained on an
album may be excluded from the GRAM
application claim.40 These parties were
concerned that the inclusion of a
previously published single would
disqualify the entire album from the
GRAM registration option. This was not
the intent of the proposed rule.
Applicants should disclaim ineligible
works by listing the titles of those works
in the Material Excluded field.
B. Application Requirements
As discussed, the Office is developing
two new online applications specifically
for this group option—one application
for musical works, and another
application for sound recordings and
any associated literary, pictorial, or
graphic works included with the same
album. These applications are currently
expected to be implemented into the
eCO system this spring by the OCIO.
Nevertheless, the availability of the
GRAM applications is ultimately
dependent on the completion of system
development and may be affected by
unanticipated delays in that process.
36 84
FR at 22766.
Comments at 5.
37 NMPA
38 Id.
39 Because the statutory deposit requirements
differ based on whether a work is first published
within or outside the United States, see 17 U.S.C.
408(b), the final rule requires that the nation of
publication be the same for all works in the group.
40 A2IM & RIAA Comments at 7; Jesse Morris
Comments at 2.
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The Office will issue a public
announcement when implementation is
complete and this option is available to
applicants.
The Office will provide detailed
information on group eligibility
requirements and instructions on
completing the applications on its
website, including a video and webinar.
C. Filing Fee
The NPRM provided that the filing fee
for the GRAM option would be $55, the
fee applicable to claims submitted on
the Standard Application. It further
noted that the Office had recently
proposed to increase the Standard
Application fee to $75 and that if that
proposal were adopted, the new fee
would apply to GRAM claims.41
Subsequently, the Office submitted a
final proposed schedule and analysis of
fees to Congress in which it reduced the
proposed increase to $65.42 Based on
the comments received in the fee study
proceeding, and in light of the Office’s
inability under the current registration
system to charge different prices for
different types of works submitted on
the Standard Application, at the time its
fee study was submitted to Congress, the
Office reiterated its recommendation
that the GRAM fee be the same as the
Standard Application fee.43
Following the 120-day statutory
period for congressional review,44 the
Office promulgated a final rule
implementing the proposed fee
schedule.45 The rule noted the Office’s
expectation that GRAM registrations
would ‘‘require a workflow similar to
claims submitted on the Standard
Application’’ and that commenters in
the fee study proceeding generally
supported linking the two fees.46 To
avoid potential confusion, the Office did
not adopt the GRAM fee as part of that
rule, noting that it instead would adopt
the fee when it issued a final rule
implementing the GRAM option.47
Although the Office is now providing
standalone applications for GRAM
submissions, it continues to believe it is
appropriate to charge the same fee as is
charged for Standard Application
filings. The Office believes that it is
reasonable to set the GRAM fee, at least
41 84
FR at 22766.
Copyright Office, Proposed Schedule and
Analysis of Copyright Fees to Go into Effect in
Spring 2020 at 20 (2019), https://
www.copyright.gov/rulemaking/feestudy2018/
proposed-fee-schedule.pdf.
43 Id. at 29.
44 See 17 U.S.C. 708(b)(5).
45 Copyright Office Fees, 85 FR 9374 (Feb. 19,
2020).
46 Id. at 9380–81.
47 Id.
42 U.S.
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initially, at the same level as previously
noted, given the similarities in expected
workflow associated with examining
these claims and the lack of additional
data to support an alternate level. The
final rule therefore establishes a $65 fee.
Given, however, that the Office now has
greater flexibility to adjust fees
specifically for this option, it will gather
additional data to determine if this
amount should be adjusted once this
option is implemented.48 The Office
also is open to considering differential
price options following implementation
of its next-generation registration
system.49
D. Deposit Requirements
The NPRM noted that ‘‘[t]he deposit
requirements for this group registration
option will be the same as the
requirements that normally apply to
claims involving musical works, sound
recordings, and associated album
material.’’ 50 The Office proposed that
for GRAM claims that include sound
recordings, ‘‘the applicant should
submit two physical phonorecords,
along with two physical copies of any
related album material,’’ if the album
was published in physical form or in
both physical and digital form.51 ‘‘If the
album was published solely in digital
form, the applicant may upload a digital
phonorecord along with a digital copy
of any related album material.’’ 52 For
GRAM claims that do not include sound
recordings, the Office proposed that
‘‘the applicant should submit a
complete phonorecord of each musical
work being registered’’ and a complete
copy of any associated literary, pictorial,
or graphic works associated with the
claim.53
A2IM and RIAA requested that ‘‘when
the works are available in both physical
and digital form the applicant be
permitted to select whether to submit a
physical or digital deposit,’’ reasoning
that ‘‘digital copies are much easier and
less expensive for record labels to
provide than physical ones.’’ 54 These
deposit requirements, however, are
designed to conform to the best edition
requirements applicable to these types
48 See A2IM & RIAA Comments at 6 (‘‘[W]e would
be open to a fee structure whereby some baseline
number of tracks (e.g., 20) can be included as part
of the basic group registration fee and additional
tracks can be included in the same GRAM
application for an additional surcharge (e.g., $1–$2
per track for each additional track).’’).
49 See Registration Modernization, 85 FR 12704,
12706 (Mar. 3, 2020).
50 84 FR at 22767.
51 Id.
52 Id.
53 Id.
54 A2IM & RIAA Comments at 7.
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of works generally.55 Because musical
works published solely on
phonorecords are not subject to the best
edition requirement, the authors and
owners of these works may submit
digital phonorecords regardless of how
the album was published.56 Conversely,
sound recordings are subject to the best
edition requirement, and therefore
authors and owners of those works must
submit copies in either physical or
digital form, depending on how the
work was published.57 It is beyond the
scope of this proceeding to consider
potential changes to those requirements.
The final rule therefore generally retains
the NPRM’s deposit provisions, with
updates to reflect the two new GRAMspecific applications.58
As noted in the NPRM, for digital
deposits, each work must be contained
in a separate electronic file, assembled
in an orderly form in one of the
acceptable file formats listed on the
Office’s website, and uploaded as
individual electronic files (not .zip files)
to the electronic submission system.59
The NPRM provided that a submission
will be considered ‘‘orderly’’ if the file
name for each work can reasonably be
matched with the corresponding title
entered on the application so that the
examiner can verify that the correct
works were uploaded.60 No party
commented on this requirement. The
final rule incorporates this requirement
into the regulatory text, providing that
‘‘[t]he file name for each work must
match the title as submitted on the
application.’’ This provisions tracks
language in the recently issued final
rule for group registration of short
online literary works,61 and is intended
to avoid potential confusion resulting
from inconsistent designations.
55 The Copyright Act authorizes the Register of
Copyrights to specify by regulation ‘‘the nature of
the copies or phonorecords to be deposited’’ with
respect to particular administrative classes
established for purposes of registration. 17 U.S.C.
408(c)(1); see also id. at 408(b) (establishing deposit
requirements, ‘‘[e]xcept as provided by sub-section
(c)’’). For purposes of this group option, the Office
has adopted the same deposit requirements
applicable to the relevant categories of works under
individual applications, in order to avoid affecting
the Library’s collections policies.
56 Id.
57 The Copyright Act provides that, in the case of
a work first published outside the United States,
only one copy or phonorecord is required for
deposit. 17 U.S.C. 408(b)(3). The final rule has been
updated to reflect this distinction.
58 As noted, the application for ‘‘musical works
from an album’’ will not initially permit the
registration of ancillary materials. The final rule has
been revised to reflect this limitation.
59 84 FR at 22767.
60 Id.
61 See 37 CFR 202.4(j)(7).
E:\FR\FM\23FER1.SGM
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Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Rules and Regulations
E. Supplementary Registrations
A supplementary registration is a
special type of registration that may be
used ‘‘to correct an error in a copyright
registration or to amplify the
information given in a registration.’’ 62
The Office has created multiple versions
of a form that may be used to correct or
amplify information in registrations
made under specified group registration
options, but the Office has not yet
created a version for a registration of a
group of works on an album of music.
Therefore, the final rule clarifies that
applicants should contact the Office of
Registration Policy & Practice to obtain
instructions before seeking a
supplementary registration involving
these types of claims.
This update constitutes a change to a
‘‘rule[] of agency . . . procedure[] or
practice.’’ 63 It 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.’’ 64 It therefore
is not subject to the notice and comment
requirements of the Administrative
Procedure Act.
List of Subjects
37 CFR Part 201
Copyright, General provisions.
37 CFR Part 202
Copyright, Preregistration and
registration of claims to copyright.
Final Regulations
For the reasons set forth in the
preamble, the Copyright Office amends
37 CFR parts 201 and 202 as follows:
PART 201—GENERAL PROVISIONS
1. The authority citation for part 201
continues to read as follows:
■
Authority: 17 U.S.C. 702.
2. Amend § 201.3 by:
a. Redesignating paragraphs (c)(9)
through (c)(28) as paragraphs (c)(10)
through (c)(29), respectively.
■ b. Adding new paragraph (c)(9).
The addition reads as follows:
■
■
§ 201.3 Fees for registration, recordation,
and related services, special services, and
services performed by the Licensing
Division.
*
*
*
(c) * * *
*
*
*
*
*
*
*
62 17
U.S.C. 408(d).
U.S.C. 553(b)(A).
64 JEM Broad. Co. v. F.C.C., 22 F.3d 320, 326 (D.C.
Cir. 1994) (internal citation omitted).
63 5
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21:28 Feb 22, 2021
Jkt 253001
(9) Registration of a group of works on
an album 65
*
*
*
*
*
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.
4. Amend § 202.4 by:
a. Redesignating paragraphs (k)
through (n) as paragraphs (o) through
(r), respectively.
■ b. Adding new paragraph (k).
■ c. Adding and reserving new
paragraphs (l), (m), and (n).
■ d. Amend the newly redesignated
paragraph (r), by removing the words
‘‘or (k)’’ and adding in its place the
words ‘‘(k), or (o)’’.
The addition reads as follows:
■
■
§ 202.4
Group registration.
*
*
*
*
*
(k) Group registration of works on an
album. Pursuant to the authority
granted by 17 U.S.C. 408(c)(1), the
Register of Copyrights has determined
that a group of two or more musical
works, or two or more sound recordings
and any associated literary, pictorial, or
graphic works, may be registered with
one application, the required deposit,
and the filing fee required by § 201.3 of
this chapter, if the following conditions
are met:
(1) Eligible works. (i) All of the works
in the group must be contained on the
same album. For the purposes of this
section, an album is a single physical or
electronic unit of distribution
containing at least two musical works
and/or sound recordings embodied in a
phonorecord, including any associated
literary, pictorial, or graphic works
distributed with the unit.
(ii) The group may include:
(A) Up to twenty musical works; or
(B) Up to twenty sound recordings
and any associated literary, pictorial, or
graphic works included with the same
album.
(iii) The applicant must provide a title
for the album and a title for each
musical work or sound recording
claimed in the group.
(iv) All of the works in the group must
be created by the same author or the
works must have a common joint
author, and the copyright claimant or
co-claimants for each work must all be
the same person(s) or organization. The
works may be registered as works made
for hire if they are identified in the
application as such.
(v) As a general rule, all of the works
must be first published on the same
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Frm 00123
Fmt 4700
Sfmt 4700
10825
album, the date and nation of
publication for each work must be
specified in the application, and the
nation of publication for each work
must be the same. A musical work or
sound recording that was previously
published as an individual work only
(e.g., as a single) may be included in the
claim if the date of first publication for
that work is listed separately in the
application.
(2) Application. If the group consists
of sound recordings and, as applicable,
any associated literary, pictorial, or
graphic works, the applicant must
complete and submit the application
designated for ‘‘sound recordings from
an album.’’ If the group consists of
musical works, the applicant must
complete and submit the application
designated for ‘‘musical works from an
album.’’ The application may be
submitted by any of the parties listed in
§ 202.3(c)(1).
(3) Deposit. (i) For claims in works
first published in the United States
submitted with the application for
‘‘sound recordings from an album,’’ the
applicant must submit two complete
phonorecords containing the best
edition of each recording, and two
complete copies of any associated
literary, pictorial, or graphic works that
are included in the group. For claims in
works first published outside the United
States submitted with this application,
the applicant must submit one complete
phonorecord of the work either as first
published or of the best edition. A
phonorecord will be considered
complete if it satisfies the requirements
set forth in § 202.19(b)(2). The deposit
may be submitted in a digital form if the
album has been distributed solely in a
digital format, and if the requirements
set forth in paragraph (k)(3)(iii) of this
section have been met.
(ii) For claims submitted with the
application for ‘‘musical works from an
album,’’ the applicant must submit one
complete phonorecord of each musical
work that is included in the group.
(iii) The deposit may be submitted in
a digital form if the following
requirements have been met. Each work
must be contained in a separate
electronic file. The files must be
assembled in an orderly form, they must
be submitted in one of the electronic
formats approved by the Office, and
they must be uploaded to the electronic
registration system as individual
electronic files (not .zip files). The file
size for each uploaded file must not
exceed 500 megabytes; the files may be
compressed to comply with this
requirement. The file name for each
work must match the title as submitted
on the application.
E:\FR\FM\23FER1.SGM
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Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Rules and Regulations
(4) Special relief. In an exceptional
case, the Copyright Office may waive
the online filing requirement set forth in
paragraph (k)(2) of this section or may
grant special relief from the deposit
requirement under § 202.20(d), subject
to such conditions as the Associate
Register of Copyrights and Director of
the Office of Registration Policy and
Practice may impose on the applicant.
*
*
*
*
*
§ 202.6
[Amended]
5. Amend § 202.6(e)(2) by:
a. Removing ‘‘or for’’ after and adding
‘‘,’’ in its place and adding ‘‘, or a group
of works published on the same album
registered under § 202.4(k),’’ after
‘‘§ 202.4(j)’’.
■
■
Dated: February 11, 2021.
Shira Perlmutter,
Register of Copyrights and Director of the
U.S. Copyright Office.
Approved by:
Carla D. Hayden,
Librarian of Congress.
[FR Doc. 2021–03533 Filed 2–22–21; 8:45 am]
BILLING CODE 1410–30–P
ENVIRONMENTAL PROTECTION
AGENCY
I. Response to Comments
40 CFR Part 52
[EPA–R08–OAR–2019–0643; FRL–10018–
17–Region 8]
Air Quality State Implementation
Plans; Approval and Promulgation of
Implementation Plans; Utah;
Infrastructure Requirements for the
2015 Ozone National Ambient Air
Quality Standards; Correction
Environmental Protection
Agency (EPA).
ACTION: Final rule; correction.
AGENCY:
On June 1, 2020, the
Environmental Protection Agency (EPA)
published a rulemaking proposing to
approve multiple elements of the
infrastructure SIP requirements for the
2015 ozone NAAQS for the State of
Utah, while taking no action on three
infrastructure elements (85 FR 33052).
On September 16, 2020, we published a
rulemaking taking final action on the
proposal. The final rulemaking
incorrectly stated that there were no
comments received during the public
comment period for the proposed
rulemaking (85 FR 57731). One
comment, submitted electronically on
July 1, 2020, had been received but was
inadvertently overlooked in the
preparation of the September 16 final
SUMMARY:
VerDate Sep<11>2014
21:28 Feb 22, 2021
Jkt 253001
rule. In this correction document we
will respond to the comment received.
DATES: This rule is effective on February
23, 2021.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2019–0643. All
documents in the docket are listed at
https://www.regulations.gov. Although
listed in the index, some information is
not publicly available, e.g., 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 you may
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section
for additional availability information.
FOR FURTHER INFORMATION CONTACT: Kate
Gregory, (303) 312–6175, gregory.kate@
epa.gov. Mail can be directed to the Air
and Radiation Division, U.S. EPA,
Region 8, Mail-code 8ARD–QP, 1595
Wynkoop Street, Denver, Colorado
80202–1129.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
Comment
We received one anonymous
comment on the proposed rulemaking.
The commenter asserts that in stating
that hard copy comments would not be
accepted,1 the EPA was attempting to
preclude submission of comments by
‘‘post mail,’’ without prior public
notification or rulemaking, in violation
of the Administrative Procedure Act
(APA). The commenter cited in
particular 5 U.S.C. 553(c): ‘‘After notice
required by this section, the agency
shall give interested persons an
opportunity to participate in the rule
making through submission of written
data, views, or arguments with or
without opportunity for oral
presentation.’’ The commenter stated
that the EPA must re-propose the rule
without excluding comments submitted
by mail.
The commenter also stated that they
submitted a separate comment by postal
mail.
Response
The EPA does not agree that the
comment method offered was in
1 In the ‘‘addresses’’ section, the proposed
rulemaking stated: ‘‘To reduce the risk of COVID–
19 transmission, for this action we will not be
accepting comments submitted by mail or hand
delivery’’ (85 FR 33052).
PO 00000
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Fmt 4700
Sfmt 4700
violation of the APA, or that the
comment period was otherwise legally
insufficient in any way. The agency did
not eliminate the opportunity for public
comment, but rather temporarily
eliminated one method of transmission
of public comment, in light of public
health concerns related to the COVID–
19 pandemic. We provided notice of
that temporary change in the proposed
rule published at 85 FR 57731, in full
compliance with the APA’s ‘‘prior
public notification’’ requirement.
Additionally, the proposed rule
describes CAA comment submission
requirements:
‘‘The written comment is considered
the official comment and should
include discussion of all points you
wish to make. The EPA will generally
not consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.’’ (This site
directs commenters to regulations.gov as
our preferred method for submitting
comments.)
The APA requires agencies to provide
an opportunity for public comment, but
it does not dictate the form in which
comments may be submitted, nor does
it preclude agencies from imposing
reasonable limitations or structures on
comment submissions. Accordingly, the
commenter’s assertion that the APA
required the Agency here to accept
comments on this proposal by postal
mail is incorrect. In addition, the eGovernment Act of 2002 requires
agencies to create electronic dockets for
rulemakings and make those e-dockets
available to the public; the EPA satisfied
that requirement in this case by
employing the Federal Rulemaking
Portal at regulations.gov as an option for
submitting comments on the proposed
rulemaking. Further, the fact that the
commenter was successfully able to
submit a written comment by electronic
means demonstrates that the notice and
comment method used did not interfere
with the commenter’s ability to
comment on this action.
As noted, the EPA was not required
to accept comments by postal mail in
this matter and did not do so. Even if
we had chosen to accept a comment
submitted by postal mail, the comment
that the commenter claimed was
submitted by postal mail was not found
at the address listed in the proposed
rule, or at any of the other agency
E:\FR\FM\23FER1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 34 (Tuesday, February 23, 2021)]
[Rules and Regulations]
[Pages 10820-10826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03533]
=======================================================================
-----------------------------------------------------------------------
LIBRARY OF CONGRESS
Copyright Office
37 CFR Parts 201 and 202
[Docket No. 2019-4]
Group Registration of Works on an Album of Music
AGENCY: U.S. Copyright Office, Library of Congress.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Copyright Office is creating a new group registration
option for musical works, sound recordings, and certain other works
contained on an album. This option will permit the registration of a
group of musical works or a group of sound recordings distributed
together, regardless of whether such distribution occurs via physical
or digital media. The final rule generally adopts the provisions set
forth in the May 2019 notice of proposed rulemaking in this proceeding,
with certain updates to reflect the planned implementation of new
online applications for this option.
DATES: Effective March 26, 2021.
FOR FURTHER INFORMATION CONTACT: Regan A. Smith, General Counsel and
Associate Register of Copyrights, by email at [email protected];
Robert Kasunic, Associate Register of Copyrights and Director of
Registration Policy and Practice, by email at [email protected]; or
John R. Riley, Assistant General Counsel, by email at
[email protected]. Each can be contacted by telephone at 202-707-8350.
SUPPLEMENTARY INFORMATION:
I. Background
The Copyright Act authorizes the Register of Copyrights to specify
by regulation the administrative classes of works available for the
purpose of seeking a registration and the nature of the deposits
required for each class. In addition, Congress gave the Register the
discretion to allow registration of groups of related works with one
application and one filing fee, a procedure known as ``group
registration.'' \1\ Pursuant to this authority, the Register has issued
regulations permitting the Office to issue group registrations for
certain types of works, including for groups of newspapers, unpublished
works, newsletters and serials, unpublished and published photographs,
contributions to periodicals, secure test items, and short online
literary works.\2\
---------------------------------------------------------------------------
\1\ 37 CFR 202.4; see 17 U.S.C. 408(c)(1).
\2\ 37 CFR 202.4(c)-(k).
---------------------------------------------------------------------------
On May 20, 2019, the Office published a Notice of Proposed
Rulemaking (``NPRM'') proposing to create a new group registration
option for musical works, sound recordings, and associated literary,
pictorial, and graphic works contained on an album. This option is
referred to as ``Group Registration of Works on an Album of Music,'' or
``GRAM.'' \3\ The proposed rule would allow an applicant to register up
to twenty musical works and twenty sound recordings, i.e., forty total
works, if the works were fixed in the same phonorecord, if the works
were created by the same author or had at least one common author, and
if the claimant for each work in the group was the same. The proposed
rule also would permit the registration of associated literary,
pictorial, and graphic works in the album, such as cover art, liner
notes, or posters. To exercise this option, the Office proposed that
applicants would be required to submit their claims through the online
copyright registration system using the Standard Application.
---------------------------------------------------------------------------
\3\ 84 FR 22762 (May 20, 2019).
---------------------------------------------------------------------------
The Office received thirteen comments in response to the NPRM,
eleven from individuals, one from the National Music Publishers
Association (``NMPA''), and a joint comment by the American Association
of Independent Music (``A2IM'') and the Recording Industry Association
of America (``RIAA''). Each commenter supported the Office's proposal
to create the new group registration option, though some suggested
various amendments to the proposed rule, including removing the
proposed limit on the number of works that may be included in each
claim and clarifying who could be listed as a claimant of a work in a
GRAM registration.
Having reviewed and carefully considered the submitted comments,
the Office now issues a final rule that generally follows the proposed
rule, with some modifications. First, the rule requires claims under
this option to be submitted using a new online
[[Page 10821]]
application specifically created for GRAM filings, rather than on the
Standard Application. Second, to avoid inefficiencies in the
examination process and ambiguities in the public record, the final
rule requires groups of musical works and groups of sound recordings to
be registered using separate applications.
II. The Final Rule
A. Eligibility Requirements
1. Definition of an ``Album''; Number of Works
The NPRM proposed limiting this group registration option to
musical works, sound recordings, and any associated literary,
pictorial, or graphic works on an album of music, such as liner notes
and cover artwork. It defined an ``album'' as ``a single physical or
electronic unit of distribution containing at least two musical works
and/or sound recordings embodied in phonorecords, including any
associated literary, pictorial, or graphic works distributed with the
unit.'' \4\ Three commenters requested clarification to ensure that the
rule is sufficiently flexible to accommodate streaming services and
other distribution models that do not involve the purchasing of copies.
A2IM and RIAA argued that the term ``album'' should be eliminated, as
it ``appear[s] to be tied to physical distribution and to an ownership
model'' of music.\5\ They proposed instead using the term ``release,''
which would be defined as ``a collection of two or more sound
recordings or other media that are grouped together as those terms are
used in the Copyright Act.'' \6\ In their view, this approach would
have the advantage of ``avoid[ing] the single unit of distribution
concept'' and would be ``generic enough to embrace new release formats,
such as a playlist that contains all new recordings released by a
single artist and grouped together for commerce.'' \7\ NMPA did not
propose a change to the regulatory text but urged the Office to
consider adding language to the Compendium of U.S. Copyright Office
Practices or a circular to clarify that ``the GRAM option extends to
albums that are not offered for digital purchase.'' \8\
---------------------------------------------------------------------------
\4\ 84 FR at 22764, 22768.
\5\ A2IM & RIAA Comments at 4.
\6\ Id.
\7\ Id. at 5.
\8\ NMPA Comments at 3 (citing 84 FR at 22764).
---------------------------------------------------------------------------
The proposed definition of ``album'' is not intended to be limited
to albums distributed under a model in which copies are acquired and
retained by a purchaser--e.g., downloads or physical media. A
collection of musical recordings presented and offered to the public
under authority of the copyright owner as a self-contained, fixed group
would qualify as ``a single physical or electronic unit of
distribution'' for purposes of the rule, regardless of whether the
works are accessed via download, stream, or other mechanism. The key
consideration is whether there is some indication of the copyright
owner's intention to release the works together as a single collection,
as distinguished from, for example, releasing them over time as
additions to an evolving playlist.\9\ Thus, a group of songs presented
together on a streaming service may qualify as an album, provided the
other eligibility requirements are met.
---------------------------------------------------------------------------
\9\ See Album, Dictionary.com (2021 ed.), https://www.dictionary.com/browse/album (``a collection of audio recordings
released together as a collected work'').
---------------------------------------------------------------------------
It is partly for this reason that the final rule defines ``album''
as a ``unit of distribution.'' As discussed in the NPRM, the Office's
existing ``unit of publication'' option has long provided a vehicle for
registering albums released in physical formats, such as a ``CD
packaged with cover art and a leaflet containing lyrics'' or a ``box
set of music CDs.'' \10\ While the Office has declined to extend the
unit of publication option to digital products, the GRAM option is
intended to provide an analogous mechanism for digital music albums, in
part to ensure that albums ``released first (or only) in digital
formats'' are eligible for similar registration options.\11\ The final
rule accordingly retains the proposed definition, and the Office
intends this further guidance to address comments regarding the scope
of eligibility for the GRAM option.
---------------------------------------------------------------------------
\10\ 84 FR at 22764 (quoting U.S. Copyright Office, Compendium
of U.S. Copyright Office Practices, Third Edition (``Compendium
(Third)'') sec. 1107.1).
\11\ 84 FR at 22764.
---------------------------------------------------------------------------
Some commenters expressed concern with the proposed requirement
that an applicant ``submit documentation . . . confirming that the
musical works and/or sound recordings were included on the album.''
\12\ A2IM and RIAA and an individual commenter, Jesse Morris, argued
that it should be sufficient for an applicant to submit a sworn
statement to that effect.\13\ The Office agrees with this
recommendation. As part of the application, the applicant will be
required to certify that the works being registered satisfy the
requirements for this group registration option, including that the
works in the group were all published on the same album. The language
regarding documentation accordingly has been removed from the final
rule.
---------------------------------------------------------------------------
\12\ 84 FR at 22768.
\13\ A2IM & RIAA Comments at 7-8; Jesse Morris Comments at 2.
---------------------------------------------------------------------------
The NPRM also proposed to allow applicants to register up to twenty
musical works or twenty sound recordings contained in an album. Some
commenters requested that the Office remove or at least raise the
twenty-work cap. In addition to noting that some albums contain more
than twenty tracks,\14\ commenters pointed out that the Standard
Application does not contain a title cap and voiced concern that
applicants could include more than twenty tracks in error.\15\ NMPA
suggested that such mistakes could result in a refusal to register or
delays due to required correspondence.\16\ As discussed further below,
however, the Office will not be using the Standard Application for this
registration option, and therefore believes that such errors are less
likely. The new application for claims registered under this option
will include a system validation that should prevent applicants from
listing more than twenty musical works or sound recordings in the
application.
---------------------------------------------------------------------------
\14\ See A2IM & RIAA Comments at 5; NMPA Comments at 3;
Anonymous Anonymous Comments at 2 (``20 seems low'' but ``25 to 30
would cover most albums and a handful of soundtracks''). Other
commenters appeared satisfied with this number. See Anonymous Artist
Comments at 2 (``As a musician most of my albums contain 10 to 15
songs.''); Brian Smith Comments at 2 (detailing desire to register
``20 songs including music recordings and artwork''); Rich Turgeon
Comments at 2 (noting that it ``[w]ould be nice to just keep [the
GRAM registration option] straightforward and be able to register up
to 12-13 songs at a time'').
\15\ A2IM & RIAA Comments at 5; NMPA Comments at 3.
\16\ NMPA Comments at 3.
---------------------------------------------------------------------------
More generally, the Office has concluded that a twenty-work cap is
appropriate to balance the needs of applicants with the administrative
capabilities of the Office. As noted in the NPRM, the Office believes
that this limit will make this group option available to the majority
of albums actually distributed in the market, and in any event, albums
with more than twenty works would still benefit from this group option
because applicants may be able to register additional works with a
separate GRAM application.\17\ Removing or raising the cap would likely
increase the average processing time for these applications and thereby
undermine the efficiency of this group option. Indeed, there is a
potential that even the twenty-work cap may prove inefficient if the
average number of works on each application approaches twenty. The
Office remains open to
[[Page 10822]]
revisiting this issue based on data that become available after
implementation, including with respect to fees, staffing, and
processing times.\18\
---------------------------------------------------------------------------
\17\ 84 FR at 22764-65 & n.30.
\18\ Id. at 22765.
---------------------------------------------------------------------------
2. Custom Application; Works That May Be Included
Under the proposed rule, an applicant could register up to twenty
musical works and twenty sound recordings, i.e., forty total works,
using the Standard Application if the works were fixed in the same
phonorecord and the other regulatory requirements were met.\19\ A2IM
and RIAA expressed concern over the requirement to use the Standard
Application, urging the Office to instead ``create a dedicated GRAM
application that runs on the existing system.'' \20\ They observed that
this approach would ``[n]ot only . . . encourage use of GRAM by
smaller, less sophisticated, less frequent users,'' but also would
``lead to fewer telephone inquiries from copyright owners and [would]
require less correspondence from registration specialists, both of
which will save the Office time and money.'' \21\ The Office agrees
that decoupling GRAM applications from the Standard Application would
greatly simplify the registration process for both applicants and
Office staff, and therefore it has worked with the Library's Office of
the Chief Information Officer to develop new applications specifically
for GRAM that can be accessed and submitted through the electronic
registration system (``eCO''). The final rule has been updated to
reflect this change.
---------------------------------------------------------------------------
\19\ Id. at 22764.
\20\ A2IM & RIAA Comments at 8.
\21\ Id.
---------------------------------------------------------------------------
In the course of developing this functionality, the Office also
determined that permitting the registration of both musical works and
sound recordings using one application may give rise to complexities in
the examination process that could hinder the Office's efficient
administration of the group option. For example, in cases where the
musical works and sound recordings on an album have different authors,
an applicant would be required to list all the authors of both the
music and sound recordings, to list the titles of the works created by
each author, and to provide an appropriate authorship statement to
describe each author's contribution(s) to each work. In the
Registration Program's experience, challenges or inaccuracies are
likely to arise where the nature of the applicant's authorship differs
with respect to the musical work and the sound recording for multiple
album tracks. For example, if an author created twenty sound recordings
on an album, but wrote only ten of the musical works embodied in those
recordings, she would be required to provide titles for all twenty
works and exclude from the musical work claim the ten compositions she
did not author by listing their titles in the Material Excluded field.
Given the number of possible permutations, such requirements would
likely lead to ambiguities requiring correspondence with the applicant,
as well as potential inaccuracies in the public record, particularly
where the applicant is unfamiliar with the distinction between musical
works and sound recordings for copyright purposes. Because such
correspondence would likely result in additional refusals or a higher
fee for this group registration option to accommodate the additional
Office resources needed, the Office has determined that it is
preferable to create a bifurcated group option.
The final rule accordingly provides for two separate types of
applications. An applicant may register up to twenty musical works on
an album using the application designated for ``musical works from an
album.'' An applicant may register up to twenty sound recordings, as
well as any associated literary, pictorial, or graphic works first
published with the same album, using the application designated for
``sound recordings from an album.'' The initial version of the
application for ``musical works from an album'' will not include an
option for registration of these ancillary materials because the Office
understands that typically these works are not authored or owned by the
party that authored or owns the musical works. To the extent there is a
need in the marketplace, however, the Office is open to considering a
future update that would permit registration of such materials on the
application for ``musical works from an album.'' The Office welcomes
public input on whether copyright owners would benefit from such an
option.
3. Title Information
The NPRM proposed that an applicant be required to provide a title
for the album, a title for each musical work and/or sound recording,
titles for any associated literary, pictorial, or graphic works that
are included in the group, and a title that identifies the group as a
whole, starting with the word ``GRAM.'' \22\ Some commenters objected
to the requirement to provide a separate title for the group. Among
other concerns, they noted that the registration certificate would
start with ``GRAM,'' while the album offered for sale would not,
causing potential confusion in the public record and in litigation.\23\
---------------------------------------------------------------------------
\22\ 84 FR at 22766.
\23\ A2IM & RIAA Comments at 6; Jesse Morris Comments at 1.
---------------------------------------------------------------------------
In light of these concerns, and because the group-title requirement
was necessitated by the limitations of the Standard Application,\24\
the Office has eliminated this requirement. Instead, the GRAM
applications will include a mandatory field for the title of the album,
which will appear on the registration certificate and in the public
record. The album title will be used to automatically generate a group
title (e.g., ``Works published on the album [ALBUM TITLE]''). The group
title and the album title will both appear in the registration
certificate and the public record. For applications that include
literary, pictorial, or graphic works, the system will automatically
generate titles for those works (e.g., ``Liner notes, photograph(s),
and/or artwork first published on the album [ALBUM TITLE]''), although
the applicant may provide a more specific title for those works by
following the instructions given in the help text. The Office will add
those titles to the public record when it examines the claim.
---------------------------------------------------------------------------
\24\ See Jesse Morris Comments at 1; A2IM & RIAA Comments at 6.
---------------------------------------------------------------------------
4. Collective Work Registration
RIAA and A2IM requested that the Office allow applicants to include
the full album as a collective work as one of the works that can be
registered on the GRAM application.\25\ They noted that some existing
group registration options permit registration of both a collective
work and the individual component works, citing the unit of publication
and group serial options as examples.\26\ But these commenters did not
explain why they believe there is a need for such an option in the GRAM
application given that applicants already have the ability to register
both a collective work and the individual works comprising it by filing
a collective work claim using the Standard Application. As discussed in
the NPRM, a collective work registration will extend to the individual
component works if the copyright in those works is held by the owner of
the collective work copyright, provided the component works contain
sufficient original authorship and have not been
[[Page 10823]]
previously published or registered.\27\ Thus, where a party seeks to
register an album as a collective work in addition to registering the
individual sound recordings and/or musical works, it may do so under
the existing collective work option. The GRAM option will complement
this option by facilitating registration of multiple works in cases
where parties own copyrights in multiple individual works on an album
but are ineligible for collective work registration--for example,
because they are not the owner of the collective work copyright or
because the particular selection and arrangement of tracks does not
qualify as a collective work. Based on the record at this time, the
final rule accordingly does not include this option.
---------------------------------------------------------------------------
\25\ A2IM & RIAA Comments at 3.
\26\ Id. at 3-4.
\27\ 84 FR at 22763 & n.16 (citing Compendium (Third) sec.
509.2; U.S. Copyright Office, Circular 34: Multiple Works 2-3).
---------------------------------------------------------------------------
5. Author and Claimant
Under the proposed rule, ``all of the works claimed in the group
must have a common author,'' and ``the copyright claimant(s) for each
work must be the same person(s) or organization.'' \28\ The NPRM
explained that ``the claimant may either be (1) the author or co-author
of all of the works, or (2) the party that owns all of the exclusive
rights that initially belonged to the author or co-authors.'' \29\
---------------------------------------------------------------------------
\28\ Id. at 22765.
\29\ Id.
---------------------------------------------------------------------------
NMPA asked the Office to clarify the definition of ``claimant'' for
GRAM registration eligibility. Specifically, it expressed concern over
the NPRM's statement that ``if the works were created by two or more
co-authors, the claimant or co-claimant must own or co-own all of the
rights that initially belonged to the co-authors. If a party owns or
co-owns the rights that initially belonged to some, but not all, of the
co-authors, that party cannot be named as a copyright claimant.'' \30\
In NMPA's view, this statement could ``suggest that a claimant who has
been assigned rights by a co-author of a work (for example, a music
publisher to whom a songwriter who is a co-author of a song has
assigned their rights) must have obtained all of the rights from all of
the co-authors of a song.'' \31\
---------------------------------------------------------------------------
\30\ NMPA Comments at 4 (quoting 84 FR at 22765-66).
\31\ Id.
---------------------------------------------------------------------------
To clarify, the definition of ``claimant'' for purposes of the GRAM
option is not intended to differ from the generally applicable
definition of that term. Under the Office's regulations, a copyright
claimant is either ``(i) [t]he author of a work'' or ``(ii) [a] person
or organization that has obtained ownership of all rights under the
copyright initially belonging to the author.'' \32\ Thus, a publisher
that is the transferee of all of the exclusive rights of a joint author
of eligible works may be listed as a claimant for purposes of a GRAM
application, even if the publisher has not received rights from other
joint authors. If, however, only a subset of a joint author's exclusive
rights have been transferred to it, the publisher would not qualify as
a claimant. While the Office cannot advise as to how this standard may
apply to specific types of assignments, whether a given transaction
constitutes a transfer of copyright ownership--as distinguished from
merely a nonexclusive license--will be governed by the statutory
definition of that term.\33\
---------------------------------------------------------------------------
\32\ 37 CFR 202.3(a)(3); see also Compendium (Third) sec. 405.1.
\33\ See 17 U.S.C. 101 (``A `transfer of copyright ownership' is
an assignment, mortgage, exclusive license, or any other conveyance,
alienation, or hypothecation of a copyright or of any of the
exclusive rights comprised in a copyright, whether or not it is
limited in time or place of effect, but not including a nonexclusive
license.'').
---------------------------------------------------------------------------
To the extent NMPA's comment is raising concerns regarding the
``claimant'' definition more generally, the Office notes that any
changes to that provision would have implications for a broader range
of stakeholders than those affected by the GRAM option. The Office
therefore does not believe that this proceeding is the appropriate
forum for consideration of such changes, although it is open to
considering this question more broadly.\34\ As the Office continues
development of its next-generation registration system, however, it
will continue to explore ways to better accommodate registrations
involving jointly owned works, and welcomes input from NMPA and other
interested parties. The Office also notes that a third party who is
assigned a copyright interest but does not qualify as a claimant for
GRAM registration purposes may record its ownership information in the
Office's public record.\35\ Moreover, as noted above, an author of the
work may always be listed as a claimant.
---------------------------------------------------------------------------
\34\ The Office has an open rulemaking proceeding on this
provision. See Registration of Copyright: Definition of Claimant, 77
FR 29257 (May 17, 2012).
\35\ 37 CFR 201.4; see also Document Recordation: Completing and
Submitting Declarations of Ownership in Musical Works, U.S.
Copyright Office, https://www.copyright.gov/recordation/domw/.
---------------------------------------------------------------------------
6. Publication Information
Commenting parties did not object to the requirement that a GRAM
application must ``specify the date and nation of publication for the
album.'' \36\ NMPA, however, expressed concern over the requirement
that all eligible works in the group be published on the album on the
same date, noting that it is common for a song to be published as a
single before it is published as part of an album.\37\ It suggested
that the Office allow previously published works that are later
included on an album to be included in a GRAM registration ``to
maximize the [GRAM option's] usefulness'' and ``to encourage an
accurate public record.'' \38\ The Office has amended the final rule to
allow for the registration of a musical work or sound recording that
was previously published as an individual work only (e.g., as a
single), provided that the application includes the statutorily-
required date of first publication for each of the works.\39\
Applicants should provide this information in the ``Note to Copyright
Office'' field in the relevant GRAM application. The certificate of
registration will be annotated to reflect the additional publication
dates.
---------------------------------------------------------------------------
\36\ 84 FR at 22766.
\37\ NMPA Comments at 5.
\38\ Id.
\39\ Because the statutory deposit requirements differ based on
whether a work is first published within or outside the United
States, see 17 U.S.C. 408(b), the final rule requires that the
nation of publication be the same for all works in the group.
---------------------------------------------------------------------------
In addition, A2IM and RIAA and Jesse Morris separately asked for a
clarification in the final rule that previously published or registered
works that were later contained on an album may be excluded from the
GRAM application claim.\40\ These parties were concerned that the
inclusion of a previously published single would disqualify the entire
album from the GRAM registration option. This was not the intent of the
proposed rule. Applicants should disclaim ineligible works by listing
the titles of those works in the Material Excluded field.
---------------------------------------------------------------------------
\40\ A2IM & RIAA Comments at 7; Jesse Morris Comments at 2.
---------------------------------------------------------------------------
B. Application Requirements
As discussed, the Office is developing two new online applications
specifically for this group option--one application for musical works,
and another application for sound recordings and any associated
literary, pictorial, or graphic works included with the same album.
These applications are currently expected to be implemented into the
eCO system this spring by the OCIO. Nevertheless, the availability of
the GRAM applications is ultimately dependent on the completion of
system development and may be affected by unanticipated delays in that
process.
[[Page 10824]]
The Office will issue a public announcement when implementation is
complete and this option is available to applicants.
The Office will provide detailed information on group eligibility
requirements and instructions on completing the applications on its
website, including a video and webinar.
C. Filing Fee
The NPRM provided that the filing fee for the GRAM option would be
$55, the fee applicable to claims submitted on the Standard
Application. It further noted that the Office had recently proposed to
increase the Standard Application fee to $75 and that if that proposal
were adopted, the new fee would apply to GRAM claims.\41\ Subsequently,
the Office submitted a final proposed schedule and analysis of fees to
Congress in which it reduced the proposed increase to $65.\42\ Based on
the comments received in the fee study proceeding, and in light of the
Office's inability under the current registration system to charge
different prices for different types of works submitted on the Standard
Application, at the time its fee study was submitted to Congress, the
Office reiterated its recommendation that the GRAM fee be the same as
the Standard Application fee.\43\
---------------------------------------------------------------------------
\41\ 84 FR at 22766.
\42\ U.S. Copyright Office, Proposed Schedule and Analysis of
Copyright Fees to Go into Effect in Spring 2020 at 20 (2019),
https://www.copyright.gov/rulemaking/feestudy2018/proposed-fee-schedule.pdf.
\43\ Id. at 29.
---------------------------------------------------------------------------
Following the 120-day statutory period for congressional
review,\44\ the Office promulgated a final rule implementing the
proposed fee schedule.\45\ The rule noted the Office's expectation that
GRAM registrations would ``require a workflow similar to claims
submitted on the Standard Application'' and that commenters in the fee
study proceeding generally supported linking the two fees.\46\ To avoid
potential confusion, the Office did not adopt the GRAM fee as part of
that rule, noting that it instead would adopt the fee when it issued a
final rule implementing the GRAM option.\47\
---------------------------------------------------------------------------
\44\ See 17 U.S.C. 708(b)(5).
\45\ Copyright Office Fees, 85 FR 9374 (Feb. 19, 2020).
\46\ Id. at 9380-81.
\47\ Id.
---------------------------------------------------------------------------
Although the Office is now providing standalone applications for
GRAM submissions, it continues to believe it is appropriate to charge
the same fee as is charged for Standard Application filings. The Office
believes that it is reasonable to set the GRAM fee, at least initially,
at the same level as previously noted, given the similarities in
expected workflow associated with examining these claims and the lack
of additional data to support an alternate level. The final rule
therefore establishes a $65 fee. Given, however, that the Office now
has greater flexibility to adjust fees specifically for this option, it
will gather additional data to determine if this amount should be
adjusted once this option is implemented.\48\ The Office also is open
to considering differential price options following implementation of
its next-generation registration system.\49\
---------------------------------------------------------------------------
\48\ See A2IM & RIAA Comments at 6 (``[W]e would be open to a
fee structure whereby some baseline number of tracks (e.g., 20) can
be included as part of the basic group registration fee and
additional tracks can be included in the same GRAM application for
an additional surcharge (e.g., $1-$2 per track for each additional
track).'').
\49\ See Registration Modernization, 85 FR 12704, 12706 (Mar. 3,
2020).
---------------------------------------------------------------------------
D. Deposit Requirements
The NPRM noted that ``[t]he deposit requirements for this group
registration option will be the same as the requirements that normally
apply to claims involving musical works, sound recordings, and
associated album material.'' \50\ The Office proposed that for GRAM
claims that include sound recordings, ``the applicant should submit two
physical phonorecords, along with two physical copies of any related
album material,'' if the album was published in physical form or in
both physical and digital form.\51\ ``If the album was published solely
in digital form, the applicant may upload a digital phonorecord along
with a digital copy of any related album material.'' \52\ For GRAM
claims that do not include sound recordings, the Office proposed that
``the applicant should submit a complete phonorecord of each musical
work being registered'' and a complete copy of any associated literary,
pictorial, or graphic works associated with the claim.\53\
---------------------------------------------------------------------------
\50\ 84 FR at 22767.
\51\ Id.
\52\ Id.
\53\ Id.
---------------------------------------------------------------------------
A2IM and RIAA requested that ``when the works are available in both
physical and digital form the applicant be permitted to select whether
to submit a physical or digital deposit,'' reasoning that ``digital
copies are much easier and less expensive for record labels to provide
than physical ones.'' \54\ These deposit requirements, however, are
designed to conform to the best edition requirements applicable to
these types of works generally.\55\ Because musical works published
solely on phonorecords are not subject to the best edition requirement,
the authors and owners of these works may submit digital phonorecords
regardless of how the album was published.\56\ Conversely, sound
recordings are subject to the best edition requirement, and therefore
authors and owners of those works must submit copies in either physical
or digital form, depending on how the work was published.\57\ It is
beyond the scope of this proceeding to consider potential changes to
those requirements. The final rule therefore generally retains the
NPRM's deposit provisions, with updates to reflect the two new GRAM-
specific applications.\58\
---------------------------------------------------------------------------
\54\ A2IM & RIAA Comments at 7.
\55\ The Copyright Act authorizes the Register of Copyrights to
specify by regulation ``the nature of the copies or phonorecords to
be deposited'' with respect to particular administrative classes
established for purposes of registration. 17 U.S.C. 408(c)(1); see
also id. at 408(b) (establishing deposit requirements, ``[e]xcept as
provided by sub-section (c)''). For purposes of this group option,
the Office has adopted the same deposit requirements applicable to
the relevant categories of works under individual applications, in
order to avoid affecting the Library's collections policies.
\56\ Id.
\57\ The Copyright Act provides that, in the case of a work
first published outside the United States, only one copy or
phonorecord is required for deposit. 17 U.S.C. 408(b)(3). The final
rule has been updated to reflect this distinction.
\58\ As noted, the application for ``musical works from an
album'' will not initially permit the registration of ancillary
materials. The final rule has been revised to reflect this
limitation.
---------------------------------------------------------------------------
As noted in the NPRM, for digital deposits, each work must be
contained in a separate electronic file, assembled in an orderly form
in one of the acceptable file formats listed on the Office's website,
and uploaded as individual electronic files (not .zip files) to the
electronic submission system.\59\ The NPRM provided that a submission
will be considered ``orderly'' if the file name for each work can
reasonably be matched with the corresponding title entered on the
application so that the examiner can verify that the correct works were
uploaded.\60\ No party commented on this requirement. The final rule
incorporates this requirement into the regulatory text, providing that
``[t]he file name for each work must match the title as submitted on
the application.'' This provisions tracks language in the recently
issued final rule for group registration of short online literary
works,\61\ and is intended to avoid potential confusion resulting from
inconsistent designations.
---------------------------------------------------------------------------
\59\ 84 FR at 22767.
\60\ Id.
\61\ See 37 CFR 202.4(j)(7).
---------------------------------------------------------------------------
[[Page 10825]]
E. Supplementary Registrations
A supplementary registration is a special type of registration that
may be used ``to correct an error in a copyright registration or to
amplify the information given in a registration.'' \62\ The Office has
created multiple versions of a form that may be used to correct or
amplify information in registrations made under specified group
registration options, but the Office has not yet created a version for
a registration of a group of works on an album of music. Therefore, the
final rule clarifies that applicants should contact the Office of
Registration Policy & Practice to obtain instructions before seeking a
supplementary registration involving these types of claims.
---------------------------------------------------------------------------
\62\ 17 U.S.C. 408(d).
---------------------------------------------------------------------------
This update constitutes a change to a ``rule[] of agency . . .
procedure[] or practice.'' \63\ It 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.'' \64\ It
therefore is not subject to the notice and comment requirements of the
Administrative Procedure Act.
---------------------------------------------------------------------------
\63\ 5 U.S.C. 553(b)(A).
\64\ JEM Broad. Co. v. F.C.C., 22 F.3d 320, 326 (D.C. Cir. 1994)
(internal citation omitted).
---------------------------------------------------------------------------
List of Subjects
37 CFR Part 201
Copyright, General provisions.
37 CFR Part 202
Copyright, Preregistration and registration of claims to copyright.
Final Regulations
For the reasons set forth in the preamble, the Copyright Office
amends 37 CFR parts 201 and 202 as follows:
PART 201--GENERAL PROVISIONS
0
1. The authority citation for part 201 continues to read as follows:
Authority: 17 U.S.C. 702.
0
2. Amend Sec. 201.3 by:
0
a. Redesignating paragraphs (c)(9) through (c)(28) as paragraphs
(c)(10) through (c)(29), respectively.
0
b. Adding new paragraph (c)(9).
The addition reads as follows:
Sec. 201.3 Fees for registration, recordation, and related services,
special services, and services performed by the Licensing Division.
* * * * *
(c) * * *
* * * * *
(9) Registration of a group of works on an album 65
* * * * *
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.
0
4. Amend Sec. 202.4 by:
0
a. Redesignating paragraphs (k) through (n) as paragraphs (o) through
(r), respectively.
0
b. Adding new paragraph (k).
0
c. Adding and reserving new paragraphs (l), (m), and (n).
0
d. Amend the newly redesignated paragraph (r), by removing the words
``or (k)'' and adding in its place the words ``(k), or (o)''.
The addition reads as follows:
Sec. 202.4 Group registration.
* * * * *
(k) Group registration of works on an album. Pursuant to the
authority granted by 17 U.S.C. 408(c)(1), the Register of Copyrights
has determined that a group of two or more musical works, or two or
more sound recordings and any associated literary, pictorial, or
graphic works, may be registered with one application, the required
deposit, and the filing fee required by Sec. 201.3 of this chapter, if
the following conditions are met:
(1) Eligible works. (i) All of the works in the group must be
contained on the same album. For the purposes of this section, an album
is a single physical or electronic unit of distribution containing at
least two musical works and/or sound recordings embodied in a
phonorecord, including any associated literary, pictorial, or graphic
works distributed with the unit.
(ii) The group may include:
(A) Up to twenty musical works; or
(B) Up to twenty sound recordings and any associated literary,
pictorial, or graphic works included with the same album.
(iii) The applicant must provide a title for the album and a title
for each musical work or sound recording claimed in the group.
(iv) All of the works in the group must be created by the same
author or the works must have a common joint author, and the copyright
claimant or co-claimants for each work must all be the same person(s)
or organization. The works may be registered as works made for hire if
they are identified in the application as such.
(v) As a general rule, all of the works must be first published on
the same album, the date and nation of publication for each work must
be specified in the application, and the nation of publication for each
work must be the same. A musical work or sound recording that was
previously published as an individual work only (e.g., as a single) may
be included in the claim if the date of first publication for that work
is listed separately in the application.
(2) Application. If the group consists of sound recordings and, as
applicable, any associated literary, pictorial, or graphic works, the
applicant must complete and submit the application designated for
``sound recordings from an album.'' If the group consists of musical
works, the applicant must complete and submit the application
designated for ``musical works from an album.'' The application may be
submitted by any of the parties listed in Sec. 202.3(c)(1).
(3) Deposit. (i) For claims in works first published in the United
States submitted with the application for ``sound recordings from an
album,'' the applicant must submit two complete phonorecords containing
the best edition of each recording, and two complete copies of any
associated literary, pictorial, or graphic works that are included in
the group. For claims in works first published outside the United
States submitted with this application, the applicant must submit one
complete phonorecord of the work either as first published or of the
best edition. A phonorecord will be considered complete if it satisfies
the requirements set forth in Sec. 202.19(b)(2). The deposit may be
submitted in a digital form if the album has been distributed solely in
a digital format, and if the requirements set forth in paragraph
(k)(3)(iii) of this section have been met.
(ii) For claims submitted with the application for ``musical works
from an album,'' the applicant must submit one complete phonorecord of
each musical work that is included in the group.
(iii) The deposit may be submitted in a digital form if the
following requirements have been met. Each work must be contained in a
separate electronic file. The files must be assembled in an orderly
form, they must be submitted in one of the electronic formats approved
by the Office, and they must be uploaded to the electronic registration
system as individual electronic files (not .zip files). The file size
for each uploaded file must not exceed 500 megabytes; the files may be
compressed to comply with this requirement. The file name for each work
must match the title as submitted on the application.
[[Page 10826]]
(4) Special relief. In an exceptional case, the Copyright Office
may waive the online filing requirement set forth in paragraph (k)(2)
of this section or may grant special relief from the deposit
requirement under Sec. 202.20(d), subject to such conditions as the
Associate Register of Copyrights and Director of the Office of
Registration Policy and Practice may impose on the applicant.
* * * * *
Sec. 202.6 [Amended]
0
5. Amend Sec. 202.6(e)(2) by:
0
a. Removing ``or for'' after and adding ``,'' in its place and adding
``, or a group of works published on the same album registered under
Sec. 202.4(k),'' after ``Sec. 202.4(j)''.
Dated: February 11, 2021.
Shira Perlmutter,
Register of Copyrights and Director of the U.S. Copyright Office.
Approved by:
Carla D. Hayden,
Librarian of Congress.
[FR Doc. 2021-03533 Filed 2-22-21; 8:45 am]
BILLING CODE 1410-30-P
