Copyright Office – Federal Register Recent Federal Regulation Documents

Mandatory Deposit of Electronic-Only Books
Document Number: 2018-07484
Type: Proposed Rule
Date: 2018-04-16
Agency: Library of Congress, Agencies and Commissions, Copyright Office
Section 407 of the Copyright Act requires the mandatory deposit with the Copyright Office (``Office'') of all works published in the United States, within three months of publication, for use by the Library of Congress (``Library''). The Office is allowed to exclude certain classes of works from this requirement. In a 2010 interim rule, the Office codified its longstanding practice of excluding from the mandatory deposit requirements all electronic works that are not otherwise available in a physical format (i.e., ``electronic works published in the United States and available only online.''). The 2010 interim rule created one exception to this general rule for electronic- only serials, which are subject to mandatory deposit, if they are published in the United States and if they are affirmatively demanded by the Office. On May 17, 2016, the Office published a Notice of Inquiry seeking public comment on potential regulatory changes that would make the interim rule final and would make electronic-only books and sound recordings subject to mandatory deposit requirements by way of the same demand process. Based on the responses to the NOI and input from the Library, the Office proposes revising its regulations to make the interim rule final, and to make electronic-only books published in the United States subject to the mandatory deposit requirements if they are affirmatively demanded by the Office. The proposed rule does not address mandatory deposit of electronic-only sound recordings.
Streamlining the Single Application and Clarifying Eligibility Requirements
Document Number: 2018-02204
Type: Proposed Rule
Date: 2018-02-06
Agency: Library of Congress, Agencies and Commissions, Copyright Office
On December 16, 2017, the U.S. Copyright Office released a new version of the Single Application, an online registration option that allows a single author to register a claim in one work that is solely owned by the same author and is not a work made for hire. The new Single Application includes enhanced features that should improve the user experience, increase the efficiency of the examination, and reduce the correspondence rate for these types of claims. To coincide with these technical upgrades, the Office is now proposing to amend its regulations to clarify the eligibility requirements for the Single Application, and codify certain practices set forth in the Compendium of U.S. Copyright Office Practices, Third Edition. In addition, the proposed rule confirms that the Single Application may be used to register one sound recording and one musical work, literary work, or dramatic worknotwithstanding the fact that a sound recording and the work embodied in that recording are separate works. The proposed rule will also clarify the eligibility requirements for the Office's Standard Application, which is used to register certain works that are ineligible for the Single Application, such as works with more than one owner. In addition, the proposed rule will eliminate the ``short form'' version of the Office's paper applications, and make technical amendments to the regulations governing preregistration, architectural works, mask works, vessel designs, the unit of publication registration option, and the group registration option for database updates. The proposed rule will also allow for paper applications to be certified with a typed or printed signature by removing the requirement that the certification must include a ``handwritten'' signature of the certifying party.
Exemptions To Permit Circumvention of Access Controls on Copyrighted Works: Notice of Public Hearings
Document Number: 2018-02086
Type: Proposed Rule
Date: 2018-02-02
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The United States Copyright Office will be holding public hearings as part of the seventh triennial rulemaking proceeding under the Digital Millennium Copyright Act (``DMCA'') concerning possible exemptions to the DMCA's prohibition against circumvention of technological measures that control access to copyrighted works. The public hearings will be held in April 2018 in Washington, DC and Los Angeles. Parties interested in testifying at the public hearings are invited to submit requests to testify pursuant to the instructions set forth below.
Group Registration of Newspapers
Document Number: 2018-01838
Type: Rule
Date: 2018-01-30
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The U.S. Copyright Office is amending its regulation governing the group registration option for newspapers. The final rule will make a number of changes to reflect current Office practices, improve the efficiency of the registration process, and encourage broader participation in the registration system by reducing the burden on applicants. Specifically, the final rule revises the definition of ``newspaper issues'' and clarifies that the group registration option may be used to register any qualifying ``newspaper issue.'' The final rule will also require applicants to file an online application rather than a paper application, and upload a complete digital copy of each issue through the Office's electronic registration system instead of submitting them in physical form. Digital copies of newspapers received by the Office under this group registration option will be offered to the Library of Congress for use in its collections, and the Library intends to provide public access to these digital files, subject to the restrictions set forth in the final rule. Applicants may continue to submit their issues on microfilm on a voluntary basis (in addition to and at the same time as submitting digital files) if the microfilm is received by December 31, 2019. After that date, the microfilm option will be eliminated. The final rule clarifies that each issue in the group must be a new collective work and a work made for hire, that the author and copyright claimant for each issue must be the same person or organization, and that the claim must be received within three months after the publication of the earliest issue in the group. Finally, the rule confirms that a group registration covers each issue in the group, as well as any contributions appearing within each issue if they are fully owned by the copyright claimant and if they were first published in those issues.
Simplifying Deposit Requirements for Certain Literary Works and Musical Compositions
Document Number: 2018-00701
Type: Rule
Date: 2018-01-17
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The United States Copyright Office is issuing a final rule, amending regulations that govern the deposit requirements for certain types of literary works and musical compositions. The final rule is adopted as proposed in the notice of proposed rulemaking, though the Office provides some clarification regarding the rule's application.
Statutory Cable, Satellite, and DART License Reporting Practices
Document Number: 2017-27933
Type: Proposed Rule
Date: 2017-12-27
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The United States Copyright Office is extending the deadlines for the submission of written comments in response to its December 1, 2017 notice of proposed rulemaking concerning the royalty reporting practices of cable operators under section 111 and proposed revisions to the Statement of Account forms, and on proposed amendments to the Statement of Account filing requirements.
Secure Tests
Document Number: 2017-24532
Type: Rule
Date: 2017-11-13
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The U.S. Copyright Office is issuing an update to its interim rule, issued June 12, 2017, governing registration of secure tests. Based on the initial comments received on that interim rule, the Office has determined that there is an immediate need to establish a new group registration option for secure test questions and answers and other related materials (referred to as ``test items'') that are stored in an electronic database, test bank, or other medium of expression. This interim rule incorporates most of the same procedures that the Office adopted in its recent interim rule on secure tests and adds additional procedures for group registration. To seek a group registration, applicants will be required to submit an online application, upload a redacted copy of the individual test items to the electronic registration system, and complete and submit a brief questionnaire. If, based on the answers to the questionnaire, the test items appear to be eligible for the group registration option, the Office will contact the applicant and schedule an appointment to deliver these materials to the Office in person. On the appointed date, the applicant must bring a copy of the application and a complete unredacted copy of the actual test items. In addition, the applicant must bring a redacted copy of the test items, and a signed declaration confirming that this copy is identical to the redacted copy that was uploaded to the electronic registration system. The Office will examine each test item to determine if it contains sufficient copyrightable authorship. If the Office registers the claim, the registration will cover each test item as a separate work of authorship, and the registration will be effective as of the date the Office initially received the application, filing fee, and the redacted copy of the test items in proper form through the electronic registration system. To be clear, the previous interim rule otherwise remains in effect, and applicants may continue to use that rule to register individual secure tests. The Office welcomes public comment on both this interim rule and the June 12, 2017 interim rule.
Fees for Electronic Recordation and Notices of Intention To Obtain a Compulsory License
Document Number: 2017-24526
Type: Rule
Date: 2017-11-13
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The U.S. Copyright Office is publishing a final rule establishing a separate, lower filing fee for recording documents when they are submitted with an electronic title list. Separately, the Office is noting a policy change, effective on the same date as the final rule, to require the payment of fees for the filing of all notices of intention to obtain a compulsory license to make and distribute phonorecords, including those that are filed in the Office after failed delivery to the copyright owner.
Group Registration of Unpublished Works: Extension of Comment Period
Document Number: 2017-24511
Type: Proposed Rule
Date: 2017-11-13
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The U.S. Copyright Office is extending the deadlines for the submission of written comments in response to its October 12, 2017 notice of proposed rulemaking, regarding the creation of a new group registration option for unpublished works to replace the existing ``unpublished collections'' registration option. In this document, the Office also clarifies that the new group registration option is not intended for group registration of unpublished photographs; that is the subject of a separate proposed rulemaking, which would permit submission of up to 750 photographs on one application.
Exemptions To Permit Circumvention of Access Controls on Copyrighted Works
Document Number: 2017-23038
Type: Proposed Rule
Date: 2017-10-26
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The United States Copyright Office (``Copyright Office'' or ``Office'') is conducting the seventh triennial rulemaking proceeding under the Digital Millennium Copyright Act (``DMCA''), concerning possible temporary exemptions to the DMCA's prohibition against circumvention of technological measures that control access to copyrighted works. In this proceeding, the Copyright Office has established a new, streamlined procedure for the renewal of exemptions that were granted during the sixth triennial rulemaking. It is also considering petitions for new exemptions to engage in activities not currently permitted by existing exemptions. On June 30, 2017, the Office published a Notice of Inquiry requesting petitions to renew existing exemptions and comments in response to those petitions, as well as petitions for new exemptions to engage in activities not currently permitted by existing exemptions. The Office has carefully considered the comments received in response to that Notice. With this Notice of Proposed Rulemaking (``NPRM''), the Office intends to recommend each of the existing exemptions for readoption. This NPRM also initiates three rounds of public comment on the newly-proposed exemptions. Interested parties are invited to make full legal and evidentiary submissions in support of or in opposition to the proposed exemptions, in accordance with the requirements set forth below.
Exemptions To Permit Circumvention of Access Controls on Copyrighted Works
Document Number: 2017-13815
Type: Proposed Rule
Date: 2017-06-30
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The United States Copyright Office is initiating the seventh triennial rulemaking proceeding under the Digital Millennium Copyright Act (``DMCA''), concerning possible temporary exemptions to the DMCA's prohibition against circumvention of technological measures that control access to copyrighted works. In this proceeding, the Copyright Office is establishing a new, streamlined procedure for the renewal of exemptions that were granted during the sixth triennial rulemaking. If renewed, those current exemptions would remain in force for an additional three-year period (October 2018October 2021). Members of the public seeking the renewal of current exemptions should submit petitions as described below; parties opposing such renewal will then have the opportunity to file comments in response. The Office is also accepting petitions for new exemptions to engage in activities not currently permitted by existing exemptions, which may include proposals that expand upon a current exemption. Those petitions, and any renewal petitions that are meaningfully opposed, will be considered pursuant to a more comprehensive rulemaking process similar to that used for the sixth rulemaking (i.e., three rounds of written comment, followed by public hearings).
Supplementary Registration
Document Number: 2017-12453
Type: Rule
Date: 2017-06-15
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The United States Copyright Office is modernizing its registration practices to increase the efficiency of the registration process for both the Office and copyright owners. To further these efforts, this final rule adopts modifications to the Office's procedures for supplementary registration. Specifically, the Office adopts a new rule that, in most cases, requires applicants to submit an online application in order to correct or amplify the information set forth in a basic registration. In addition, the Office is amending the regulation to codify and update certain practices that are set forth in the Compendium of U.S. Copyright Office Practices, Third Edition and to improve the readability of the regulation.
Secure Tests
Document Number: 2017-12021
Type: Rule
Date: 2017-06-12
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The U.S. Copyright Office is issuing an interim rule that memorializes its special procedure for examining secure tests. The interim rule also includes a new workflow that will increase the efficiency of these examinations. Going forward, applicants must submit an online application, upload a redacted copy of the entire test to the electronic registration system, and complete and submit a brief questionnaire about the test. If the work appears to be eligible for the secure test process, the Office will contact the applicant and schedule an appointment to deliver the test to the Office in person. On the appointed date, the applicant must bring a copy of the application and a complete unredacted copy of the actual test. In addition, the applicant must bring a copy of the redacted version of the test, and a signed declaration confirming that this copy is identical to the redacted copy that was uploaded to the electronic registration system. If the Office confirms that the work qualifies as a secure test, it will examine the test as a whole to determine if it contains sufficient copyrightable authorship. If the Office registers the secure test, the registration will be effective as of the date that the Office received the application, filing fee, and the redacted copy of the entire test in proper form through the electronic registration system. The Office welcomes public comment on the interim rule.
Authentication of Electronic Signatures on Electronically Filed Statements of Account
Document Number: 2017-10219
Type: Rule
Date: 2017-05-19
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The United States Copyright Office is amending its regulation prescribing requirements related to the submission of Statements of Account under the section 111 license for secondary transmissions of broadcast programming by cable systems. The amendments will allow cable systems operating under the statutory license to electronically sign Statements of Account, and to submit them to the Office electronically.
Disruption of Copyright Office Electronic Systems
Document Number: 2017-10218
Type: Rule
Date: 2017-05-19
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The U.S. Copyright Office is amending its regulations governing delays in the receipt of material caused by the disruption of postal or other transportation or communication services. The amendments, for the first time, specifically address the effect of a disruption or suspension of any Copyright Office electronic system on the Office's receipt of applications, fees, deposits, or other materials, and the assignment of a constructive date of receipt to such materials. The amendments also make various revisions to the existing portions of the rule for usability and readability. In addition, the amendments specify how the Office will assign effective dates of receipt when, in the absence of a declaration of a general disruption, the Office does not receive, loses, or misplaces materials that were physically delivered or attempted to be physically delivered to the Office.
Modernizing Copyright Recordation
Document Number: 2017-09810
Type: Proposed Rule
Date: 2017-05-18
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The United States Copyright Office is proposing to amend its regulations governing recordation of transfers of copyright ownership, notices of termination, and other documents pertaining to a copyright. These amendments are being proposed in conjunction with the anticipated commencement of development effort for a modernized electronic recordation system.
Study on the Moral Rights of Attribution and Integrity: Extension of Comment Period
Document Number: 2017-04061
Type: Notice
Date: 2017-03-02
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The United States Copyright Office is extending the deadline for the submission of written comments in response to its January 23, 2017 Notice of Inquiry regarding the study on the moral rights of attribution and integrity.
Freedom of Information Act Regulations
Document Number: 2017-01770
Type: Rule
Date: 2017-02-07
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The U.S. Copyright Office is issuing an interim rule that amends its regulations governing its practices and procedures under the Freedom of Information Act (FOIA), to implement the FOIA Improvement Act of 2016. The regulations are issued on an interim basis without opportunity to comment to ensure that updated regulations are in place as soon as practicable to implement the Act. These amendments are intended to incorporate changes in the law, and provide clear guidance to members of the public in filing a FOIA request with the Office.
Copyright Office Technical Amendments
Document Number: 2016-29625
Type: Rule
Date: 2017-02-06
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The U.S. Copyright Office is amending its regulations governing registration, recordation, licensing, and other services that the Office provides. The amendments will improve the quality of the Office's regulations by updating cross-references to the Copyright Act and the Office's regulations, replacing outdated terminology, reflecting structural changes to the Office and its senior management, eliminating expired or obsolete provisions, and correcting nonsubstantive errors.
Notice of Intent To Audit
Document Number: 2017-02294
Type: Notice
Date: 2017-02-03
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The U.S. Copyright Office is announcing receipt of eight notices of intent to audit certain statements of account filed by cable operators and satellite carriers pursuant to the section 111 and 119 statutory licenses.
Removal of Personally Identifiable Information From Registration Records
Document Number: 2017-02238
Type: Rule
Date: 2017-02-02
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The U.S. Copyright Office is issuing a final rule to allow authors and claimants to replace or remove personally identifiable information (``PII'') from the Office's online registration catalog. This rule allows authors and claimants, or their authorized representatives, to request the replacement or removal of certain PII that is requested by the Office and collected on a registration application, such as a home addresses or personal phone numbers, from the Office's internet-accessible public catalog, while retaining that information in the Office's offline records as required by law. The rule also codifies an existing practice that removes extraneous PII, such as driver's license numbers, social security numbers, banking information, and credit card information, on the Office's own volition or upon request by authors, claimants, or their authorized representatives.
Group Registration of Contributions to Periodicals
Document Number: 2016-30077
Type: Proposed Rule
Date: 2016-12-15
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The United States Copyright Office is extending the deadline for the submission of written comments in response to its December 1, 2016 Notice of Proposed Rulemaking regarding group registration of contributions to periodicals.
Supplementary Registration
Document Number: 2016-30076
Type: Proposed Rule
Date: 2016-12-15
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The United States Copyright Office is extending the deadline for the submission of written comments in response to its December 1, 2016 Notice of Proposed Rulemaking regarding supplementary registration.
Group Registration of Photographs
Document Number: 2016-30071
Type: Proposed Rule
Date: 2016-12-15
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The United States Copyright Office is extending the deadline for the submission of written comments in response to its December 1, 2016 Notice of Proposed Rulemaking regarding group registration of photographs.
Group Registration of Photographs
Document Number: 2016-28706
Type: Proposed Rule
Date: 2016-12-01
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The U.S. Copyright Office is proposing to update its regulations governing group registration options for photographers to encourage broader participation in the registration system, increase the efficiency of the registration process, and create a more robust record of the claim. First, the Office has created new online registration applications specifically designed for group registrations of published photographs and group registrations of unpublished photographs. The proposed rule would require applicants to use these online applications, in lieu of any existing paper application. Applicants will be allowed to include up to 750 photographs with each application. Second, the proposal would eliminate less-efficient forms of registering photographs that have been adopted over the years namely, the pilot program permitting group registration of published photographs using the electronic application designed for registering a single work, and the option of registering a number of unpublished photographs as an ``unpublished collection.'' The pilot program for photographic databases will remain in effect. Third, the proposed rule will update the deposit requirement for group registrations of photographs and photographic databases by requiring applicants to submit their works in digital form.
Supplementary Registration
Document Number: 2016-28701
Type: Proposed Rule
Date: 2016-12-01
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The U.S. Copyright Office is proposing to amend the regulation governing supplementary registration to reflect certain technical upgrades that will soon be made to the electronic registration system. In most cases applicants will be required to submit an online application in order to correct or amplify the information set forth in a basic registration. This will increase the efficiency of the supplementary registration process for both applicants and the Office alike. In addition, the Office is amending the regulation to codify and update certain practices that are set forth in the Compendium of U.S. Copyright Office Practices, Third Edition and to improve the readability of the regulation.
Group Registration of Contributions to Periodicals
Document Number: 2016-28700
Type: Proposed Rule
Date: 2016-12-01
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The U.S. Copyright Office is proposing to amend the regulation governing the group registration option for contributions to periodicals to reflect certain upgrades that will soon be made to the electronic registration system. The proposed rule will require groups of contributions to be filed through the Office's electronic registration system. In addition, it will modify the deposit requirement for this option by requiring applicants to submit their contributions in a digital format and to upload those files through the electronic system. The proposed rule will increase the efficiency of the registration process for both the Office and copyright owners alike.
Section 512 Study: Request for Additional Comments
Document Number: 2016-26904
Type: Notice
Date: 2016-11-08
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The U.S. Copyright Office seeks further comments on the impact and effectiveness of the Digital Millennium Copyright Act (``DMCA'') safe harbor provisions. This request provides an opportunity for interested parties to reply or expand upon issues raised in written comments submitted on or before April 1, 2016, and during the public roundtables held May 2-3, 2016 in New York, and May 12-13, 2016 in San Francisco. The Copyright Office also invites parties to submit empirical research studies assessing issues related to the operation of the safe harbor provisions on a quantitative or qualitative basis.
Section 108: Draft Revision of the Library and Archives Exceptions in U.S. Copyright Law
Document Number: 2016-13426
Type: Notice
Date: 2016-06-07
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The United States Copyright Office is inviting interested parties to discuss potential revisions relating to the library and archives exceptions in the Copyright Act, 17 U.S.C. 108, in furtherance of the Copyright Office's policy work in this area over the past ten years and as part of the current copyright review process in Congress. The Copyright Office has led and participated in major discussions on potential changes to section 108 since 2005, with the goal of updating the provisions to better reflect the facts, practices, and principles of the digital age and to provide greater clarity for libraries, archives, and museums. To finalize its legislative recommendation, the Copyright Office seeks further input from the public on several remaining issues, including, especially, provisions concerning copies for users, security measures, public access, and third-party outsourcing. The Copyright Office therefore invites interested parties to schedule meetings in Washington, DC to take place during late June through July 2016, using the meeting request form referenced below.
Designation of Agent To Receive Notification of Claimed Infringement
Document Number: 2016-12227
Type: Proposed Rule
Date: 2016-05-25
Agency: Library of Congress, Agencies and Commissions, Copyright Office
Under the Digital Millennium Copyright Act (``DMCA''), the U.S. Copyright Office is required to maintain a current directory of agents that have been designated by online service providers to receive notifications of claimed infringement. Since the DMCA's enactment in 1998, online service providers have used a paper form to designate agents with the Copyright Office, and the Office has made scanned copies of those paper forms available to the public by posting them on the Office's Web site. In 2011, the Copyright Office issued a notice proposing updated regulations governing the designation of agents under the DMCA in anticipation of the creation of a new online system though which service providers could more efficiently designate agents with the Copyright Office and the public could more easily search for such agents. With the development of this electronic system approaching completion, this notice proposes an amendment of the Office's regulations to lower the fee for designating an agent under the DMCA.
Section 512 Study: Extension of Time To Submit Requests To Participate in Roundtable
Document Number: 2016-07550
Type: Notice
Date: 2016-04-04
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The United States Copyright Office is extending the deadline for the submission of requests to participate in the section 512 roundtables in New York and California, which were announced in its March 18, 2016 Notice of Inquiry. See 81 FR 14896.
Software-Enabled Consumer Products Study and Section 1201 Study: Announcement of Public Roundtables
Document Number: 2016-06925
Type: Notice
Date: 2016-03-28
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The United States Copyright Office has issued Notices of Inquiry (``NOIs'') announcing separate public studies on software- enabled consumer products and section 1201 of title 17. In addition to soliciting written comments on these issues, the Office is now announcing public roundtables for these studies to provide forums for interested members of the public to address the issues set forth in the NOIs. DATES AND ADDRESSES: Public roundtables for the above-referenced Copyright Office studies will be held on the dates and at the locations provided below. The roundtables for the two studies are being held on consecutive dates in each location to accommodate parties who may have an interest in attending both. Software-Enabled Consumer Products Study: For its study on software-enabled consumer products, the Office will hold public roundtables in Washington, DC and San Francisco, CA. The roundtable in Washington will take place on May 18, 2016, at the Library of Congress's Madison Building, 101 Independence Avenue SE., Washington, DC 20540, from 9:00 a.m. to approximately 5:00 p.m. The roundtable in San Francisco will take place on May 24, 2016, at Hastings School of Law, 200 McAllister Street, San Francisco, CA 94102, from 9:00 a.m. to approximately 5:00 p.m. Section 1201 Study: Likewise, for its study on section 1201, the Office will hold public roundtables in Washington, DC and San Francisco, CA. The roundtable in Washington will take place on May 19 and May 20, 2016, at the Library of Congress's Madison Building, 101 Independence Avenue SE., Washington, DC 20540, from 9:00 a.m. to approximately 5:00 p.m. on the first day, and from 9:00 a.m. to approximately 1:00 p.m. on the second day. The roundtable in San Francisco will take place on May 25 and May 26, 2016, at Hastings School of Law, 200 McAllister Street, San Francisco, CA 94102, from 9:00 a.m. to approximately 5:00 p.m. on the first day, and from 9:00 a.m. to approximately 1:00 p.m. on the second day. Additional information, including instructions for submitting requests to participate in the roundtables, is available on the Copyright Office Web site at http://copyright.gov/policy/software/ (software-enabled consumer products) and http://copyright.gov/policy/ 1201/ (section 1201). Requests to participate in the roundtables must be received by the Copyright Office by April 18, 2016. If you are unable to access a computer or the internet, please contact the Office using the contact information below for special instructions.
Section 512 Study: Extension of Comment Period
Document Number: 2016-04641
Type: Notice
Date: 2016-03-03
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The United States Copyright Office is extending the deadline for the submission of written comments in response to its December 31, 2015 Notice of Inquiry regarding the operation of section 512 of Title 17.
Information Technology Upgrades for a Twenty-First Century Copyright Office
Document Number: 2016-04423
Type: Notice
Date: 2016-03-01
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The U.S. Copyright Office has prepared a Provisional Information Technology Modernization Plan (``IT Plan'') at the direction of Congress that details necessary IT upgrades to transform the Office to better meet the needs of the current and future copyright system. As further directed by Congress, the Register is seeking public comments to help inform the Office on the funding strategy and implementation timeline for the IT Plan.
Section 1201 Study: Extension of Comment Period
Document Number: 2016-03515
Type: Notice
Date: 2016-02-19
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The United States Copyright Office is extending the deadlines for the submission of written comments in response to its December 29, 2015 Notice of Inquiry regarding the operation of section 1201 of Title 17.
Copyright Royalty Judges' Ability To Set Rates and Terms That Distinguish Among Different Types or Categories of Licensors
Document Number: 2015-30910
Type: Notice
Date: 2015-12-09
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The Copyright Royalty Judges (``CRJs'') referred a question of substantive law to the Register of Copyrights for resolution. The question asked whether section 114 of the Copyright Act or any other applicable provision of the Act prohibits the CRJs from setting rates and terms that distinguish among different types or categories of licensors. In a written opinion that was transmitted to the CRJs, the Register determined that the question was not properly presented in the proceeding and therefore the Register did not opine on its merits. That opinion is reproduced below.
Preregistration and Registration of Claims to Copyright
Document Number: granule305
Type: Unknown
Date: 2015-04-10
Agency: Library of Congress, Agencies and Commissions, Copyright Office
Verification of Statements of Account Submitted by Cable Operators and Satellite Carriers
Document Number: 2014-27277
Type: Rule
Date: 2014-11-18
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The U.S. Copyright Office is adopting a final rule that establishes a new regulation allowing copyright owners to audit the statements of account that cable operators and satellite carriers file with the Office reflecting royalty payments due for secondary transmissions of copyrighted broadcast programming made pursuant to statutory licenses.
Copyright Office Fees: Registration, Recordation, and Related Services; Special Services; Licensing Division Services; FOIA Services; Correction
Document Number: 2014-09822
Type: Rule
Date: 2014-04-30
Agency: Library of Congress, Agencies and Commissions, Copyright Office
On March 24, 2014, the United States Copyright Office published a final rule concerning fees for Office services. The fee for a particular service did not change, but was inadvertently omitted from the schedule of fees in the final rule. The office hereby corrects that omission.
Music Licensing Study: Notice and Request for Public Comment
Document Number: 2014-05711
Type: Notice
Date: 2014-03-17
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The United States Copyright Office announces the initiation of a study to evaluate the effectiveness of existing methods of licensing music. To aid this effort, the Office is seeking public input on this topic. The Office will use the information it gathers to report to Congress. Congress is currently conducting a review of the U.S. Copyright Act, 17 U.S.C. 101 et seq., to evaluate potential revisions of the law in light of technological and other developments that impact the creation, dissemination, and use of copyrighted works.
Strategic Plan for Recordation of Documents
Document Number: 2014-00638
Type: Notice
Date: 2014-01-15
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The United States Copyright Office is requesting public comment on proposed key elements relevant to reengineering the function of recording documents pertaining to copyright pursuant to 17 U.S.C. 205. In a separate notice that will be published soon, the Office will also announce a series of public hearings on these elements, scheduled shortly after the end of the comment period on this Notice of Inquiry. The elements have been developed with the aid of previous comments obtained during the Office's two-year Special Projects process, particularly the Special Project on Technical Upgrades to Registration and Recordation Functions. (That Project's Notice of Inquiry and the comments received in response are available at http:// www.copyright.gov/docs/technicalupgrades/.) In particular, the Office is seeking comment and holding public hearings on the following elements: (1) A guided remitter responsibility model of electronic recordation; (2) the use of structured electronic documents that contain their own indexing information; (3) the linking of recordation records to registration records; (4) the use of standard identifiers, and other metadata standards, in recorded documents and the catalog of such documents; and (5) potential additional incentives to record documents pertaining to copyrights. Further explanation of these elements is to be found below in the SUPPLEMENTARY INFORMATION section of this Notice. The Office appreciates in particular comments from parties who record documents and the professionals who assist them in doing so; from parties experienced with electronic recordation in other areas, such as that of real property; from those who maintain databases of copyrighted works for licensing or other purposes; from those who have developed or are developing metadata standards for copyright management purposes; and from those who use the Copyright Office's catalog and collection of recorded documents for any purpose.
Verification of Statements of Account Submitted by Cable Operators and Satellite Carriers
Document Number: 2013-30776
Type: Rule
Date: 2013-12-26
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The U.S. Copyright Office is adopting an interim regulation that implements certain aspects of the Satellite Television Extension and Localism Act of 2010 (``STELA''). Cable operators and satellite carriers must file statements of account (``SOAs'') and deposit royalty fees with the Office in order to use the statutory licenses that allow for the retransmission of over-the-air broadcast signals. The Office published two notices of proposed rulemaking concerning a new process to allow copyright owners to audit the SOAs and associated royalty payments. The Office received extensive comments on its proposed audit procedures and is carefully reviewing these comments to address them as appropriate in a final rule. In the meantime, the Office is issuing an interim rule to establish the procedure for filing a notice of intent to audit one or more SOAs.
Authentication of Electronic Signatures on Electronically Filed Statements of Account
Document Number: 2013-15699
Type: Proposed Rule
Date: 2013-07-01
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The U.S. Copyright Office published a notice of proposed rulemaking in the Federal Register of June 26, 2013 (78 FR 38240). The document contained incorrect dates.
Authentication of Electronic Signatures on Electronically Filed Statements of Account
Document Number: 2013-15016
Type: Proposed Rule
Date: 2013-06-26
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The U.S. Copyright Office (``Copyright Office'' or ``Office'') is reengineering certain processes in its Licensing Division to enable cable systems operating under the statutory license governing the secondary transmission of over-the-air television broadcast signals to file Statements of Account electronically. As part of that process, the Office plans to adopt an identity authentication process that will allow for the use of electronic signatures. The Office proposes revisions to specific rules to account for the changes associated with the implementation of an electronic Statement of Account filing system and seeks public comment on the proposed process and regulatory changes to accommodate the use of electronic signatures.
Review of Copyright Royalty Judges Determination
Document Number: 2013-09005
Type: Notice
Date: 2013-04-17
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The Register of Copyrights issues the following decision identifying and correcting an erroneous resolution of a material question of substantive law under title 17 that underlies or is contained in the Copyright Royalty Judges' final determination of rates and terms of royalty payments for the use of sound recordings in transmissions made by Preexisting Subscription Services.
Refunds Under the Cable Statutory License
Document Number: 2013-00171
Type: Rule
Date: 2013-01-09
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The Copyright Office is amending its regulations to clarify its practices for providing refunds of cable royalties under the provisions of the Satellite Television Extension and Localism Act of 2010 (``STELA''). A cable operator must pay royalties to and file Statements of Account with the Office every six months in order to use the statutory license that allows for the retransmission of over-the-air broadcast signals under 17 U.S.C. 111. STELA allows a cable operator to calculate its royalty obligation for the carriage of distant signals on a community-by-community basis for accounting periods beginning on or after January 1, 2010, instead of calculating its royalty obligation based on the system as a whole. STELA also states that a cable operator shall not be subject to an infringement action if it used the subscriber group methodology to calculate its royalty obligation in a Statement filed prior to the effective date of STELA. Although a cable operator cannot be held liable for using the subscriber group methodology, the regulation clarifies that a cable operator's obligation to pay for the carriage of distant signals prior to the effective date of STELA was determined on a system-wide basis. Therefore, refunds for an overpayment of royalty fees on a Statement filed prior to the effective date of STELA will be made only when a cable operator has satisfied its outstanding royalty obligations (if any), including the obligation to pay for the carriage of each distant signal on a system-wide basis.
Copyright Office Fees
Document Number: 2012-29229
Type: Proposed Rule
Date: 2012-12-06
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The Copyright Office has further revised its proposed fee schedule for filing cable and satellite statements of account following feedback from interested parties in response to a Notice of Proposed Rulemaking published on March 28, 2012. The modified fee schedule set forth below reflects an updated calculation of the cost of providing services.
Extension of Comment Period: Orphan Works and Mass Digitization
Document Number: 2012-29023
Type: Notice
Date: 2012-11-30
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The Copyright Office is extending the period of public comment in response to its October 22, 2012 Notice of Inquiry requesting comments on issues relating to orphan works and mass digitization under U.S. copyright law.
Electronic Filing in the Copyright Office of Notices of Intention To Obtain a Section 115 Compulsory License
Document Number: 2012-28906
Type: Rule
Date: 2012-11-29
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The Copyright Office is amending its regulations for filing Notices of Intention to obtain a Section 115 compulsory license with the Copyright Office to provide an option for electronically filing notices. By law, such notices may be filed in the Office only when the public records of the Copyright Office do not identify the copyright owner of the musical work and include an address at which notice can be served. In addition, the Copyright Office is amending its regulations to clarify the rules for filing physical Notices of Intention, to clarify that it does not examine Notices of Intention filed with the Office for legal sufficiency, and to include a Privacy Act Advisory Statement.
Mechanical and Digital Phonorecord Delivery Compulsory License
Document Number: 2012-27774
Type: Proposed Rule
Date: 2012-11-15
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The Copyright Office is extending the deadline for filing reply comments regarding its Notice of Proposed Rulemaking concerning regulations for reporting Monthly and Annual Statements of Account for the making and distribution of phonorecords under a compulsory license.