Copyright Office – Federal Register Recent Federal Regulation Documents

Noncommercial Use of Pre-1972 Sound Recordings That Are Not Being Commercially Exploited
Document Number: 2019-06883
Type: Rule
Date: 2019-04-09
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The U.S. Copyright Office is issuing a final rule regarding the Classics Protection and Access Act, title II of the Orrin G. Hatch- Bob Goodlatte Music Modernization Act. In connection with the establishment of federal remedies for unauthorized uses of sound recordings fixed before February 15, 1972 (``Pre-1972 Sound Recordings''), Congress established an exception for certain noncommercial uses of Pre-1972 Sound Recordings that are not being commercially exploited. To qualify for this exception, a user must file a notice of noncommercial use after conducting a good faith, reasonable search to determine whether the Pre-1972 Sound Recording is being commercially exploited, and the rights owner of the sound recording must not object to the use within 90 days. After soliciting three rounds of public comments through a notice of inquiry and a notice of proposed rulemaking, the Office is issuing final regulations identifying the specific steps that a user should take to demonstrate she has made a good faith, reasonable search. The rule also details the filing requirements for the user to submit a notice of noncommercial use and for a rights owner to submit a notice opting out of such use.
Filing of Schedules by Rights Owners and Contact Information by Transmitting Entities Relating to Pre-1972 Sound Recordings
Document Number: 2019-05549
Type: Rule
Date: 2019-03-22
Agency: Library of Congress, Agencies and Commissions, Copyright Office
Pursuant to the Classics Protection and Access Act, title II of the Orrin G. Hatch-Bob Goodlatte Music Modernization Act (``MMA''), the U.S. Copyright Office is adopting as final a rule regarding the filing of schedules by rights owners listing their sound recordings fixed before February 15, 1972, and the filing of contact information by entities publicly performing these sound recordings by means of digital audio transmission. This rule largely finalizes the interim rule published on October 16, 2018, with some adjustments adopted in response to public comment.
Public Draft of the Compendium of U.S. Copyright Office Practices
Document Number: 2019-04798
Type: Notice
Date: 2019-03-15
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The U.S. Copyright Office is announcing the release of a public draft of an update to its administrative manual, the Compendium of U.S. Copyright Office Practices, Third Edition. The update has been released in draft form to give the public an opportunity to review and provide comments on the revisions.
Group Registration of Newspapers
Document Number: 2019-02186
Type: Rule
Date: 2019-02-13
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The U.S. Copyright Office is amending its regulation governing the group registration option for newspaper issues. This rule will eliminate the three-month deadline for submitting this type of claim. Based on requests received from several newspaper publishers, the Office has determined that there is a legitimate need to make this change effective immediately.
Group Registration of Unpublished Works
Document Number: 2019-02185
Type: Rule
Date: 2019-02-13
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The U.S. Copyright Office is modernizing its practices and procedures to increase the efficiency and quality of the registration process. As part of this effort, this final rule establishes a new group registration option for a limited number of unpublished works, replacing the prior accommodation for ``unpublished collections.'' The new group registration option will allow the Office to examine each work for copyrightable authorship, create a more robust record of the claim, and improve the overall efficiency of the registration process. In addition, the final rule makes certain technical amendments to the regulations governing the group registration option for photographs.
Freedom of Information Act Regulations
Document Number: 2019-02181
Type: Rule
Date: 2019-02-13
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The U.S. Copyright Office is issuing a final rule that amends its regulations governing its practices and procedures under the Freedom of Information Act (FOIA). The final rule closely follows the February 7, 2017 interim rule, implementing the FOIA Improvement Act of 2016. The final rule makes limited modifications to align with public comments and to promote further regulatory clarity and customer service.
Noncommercial Use of Pre-1972 Sound Recordings That Are Not Being Commercially Exploited
Document Number: 2019-00873
Type: Proposed Rule
Date: 2019-02-05
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The U.S. Copyright Office (``Copyright Office'' or ``Office'') is issuing a notice of proposed rulemaking regarding the Classics Protection and Access Act, title II of the recently enacted Orrin G. Hatch-Bob Goodlatte Music Modernization Act. In connection with the establishment of federal remedies for unauthorized uses of sound recordings fixed before February 15, 1972 (``Pre-1972 Sound Recordings''), Congress also established an exception for certain noncommercial uses of Pre-1972 Sound Recordings that are not being commercially exploited. To qualify for this exemption, a user must file a notice of noncommercial use after conducting a good faith, reasonable search to determine whether the Pre-1972 Sound Recording is being commercially exploited, and the rights owner of the sound recording must not object to the use within 90 days. After soliciting public comments through a notice of inquiry, the Office is proposing regulations identifying the specific steps that a user should take to demonstrate she has made a good faith, reasonable search. The proposed rule also details the filing requirements for the user to submit a notice of noncommercial use and for a rights owner to submit a notice objecting to such use.
Copyright Restoration of Works in Accordance with the Uruguay Round Agreements Act
Document Number: 2019-00874
Type: Notice
Date: 2019-02-04
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The U.S. Copyright Office is publishing a list of works for which it has received and processed a Notice of Intent to Enforce copyrights restored under the Uruguay Round Agreements Act. The Office is required by law to publish such lists to provide a public record of works in which copyrights have been restored and whose owners have notified the Office of their intent to enforce those copyrights. In addition, publication triggers the statutory 12-month grace period within which reliance parties may continue to exploit existing copies of the identified works.
Section 512 Study: Announcement of Public Roundtable
Document Number: 2019-00573
Type: Notice
Date: 2019-02-01
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The U.S. Copyright Office is conducting a study to evaluate the impact and effectiveness of the Copyright Act's safe harbor provisions for online service providers. At this time, the Office is announcing that it will hold a one-day public roundtable to allow interested members of the public to address relevant domestic and international developments that have occurred since the close of the written comment period on February 6, 2017. The roundtable is not intended to allow participants to supplement the record with respect to events occurring before that date, and discussion will be limited to the specific topics set forth in this notice.
Streamlining the Single Application and Clarifying Eligibility Requirements
Document Number: 2018-27823
Type: Rule
Date: 2018-12-27
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The U.S. Copyright Office is amending its regulations to update the eligibility requirements for its application forms to reflect recent technical updates. The final rule clarifies that the Single Application may be used to register one work that is created and solely owned by one author and is not a work made for hire. It also confirms that this application may be used to register one sound recording and one musical work, literary work, or dramatic work, notwithstanding the fact that a sound recording and the work embodied in that recording are separate works. The final rule further clarifies the eligibility requirements for the Standard Application, which may be used to register certain works that are not eligible for the Single Application. It updates the eligibility requirements for the paper applications of both the Single Application and Standard Application by clarifying that these forms may be certified with a typed, printed, or handwritten signature, and by eliminating the ``short form'' version of these forms. The rule also makes several technical amendments to the regulations governing preregistration, mask works, vessel designs, the unit of publication registration option, and the group registration option for database updates.
Request for Information on Designation of Mechanical Licensing Collective and Digital Licensee Coordinator
Document Number: 2018-27743
Type: Notice
Date: 2018-12-21
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The U.S. Copyright Office is issuing a notice of inquiry regarding the Musical Works Modernization Act, title I of the Orrin G. Hatch-Bob Goodlatte Music Modernization Act (``MMA''), enacted on October 11, 2018. The MMA made significant modifications to the compulsory license in section 115 of title 17 for making and distributing phonorecords of musical works (the ``mechanical license''). Among the many changes to the section 115 compulsory license, the MMA calls for establishing a collective to manage a new blanket licensing system governing licensed uses of musical works by digital music providers. The Register of Copyrights is directed to designate the mechanical licensing collective and the digital licensee coordinator that will carry out key functions under the new blanket license. The Office now solicits information to identify the appropriate entities to be designated. The information received in response to this notice of inquiry will be publicly posted, and interested members of the public may publicly comment on the submissions. After consideration of the record material, the Register will publish a notice in the Federal Register setting forth the identity of and contact information for the mechanical licensing collective and digital licensee coordinator, and the reasons for the designations.
Group Registration of Short Online Literary Works
Document Number: 2018-27543
Type: Proposed Rule
Date: 2018-12-21
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The U.S. Copyright Office is proposing to create a new group registration option for certain types of literary works. To qualify for this option, each work must contain at least 100 but no more than 17,500 words. The works must be created by the same individual, and that individual must be named as the copyright claimant for each work. The works must all be published online within a three-calendar-month period. If these requirements have been met, the applicant may submit up to 50 works with one application and one filing fee. The applicant must complete the online application designated for a ``literary work'' and upload a digital copy of each work. The Office will examine each work to determine if it contains a sufficient amount of creative authorship, and if the Office registers the claim, the registration will cover each work as a separate work of authorship. The Office invites comment on this proposal.
Notices of Intention and Statements of Account Under Compulsory License To Make and Distribute Phonorecords of Musical Works
Document Number: 2018-26579
Type: Rule
Date: 2018-12-07
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The U.S. Copyright Office is issuing interim regulations pursuant to the Musical Works Modernization Act, title I of the recently enacted Orrin G. Hatch-Bob Goodlatte Music Modernization Act. This interim rule amends the Office's existing regulations pertaining to the compulsory license to make and distribute phonorecords of musical works so as to conform the existing regulations to the new law, including with respect to the operation of notices of intention and statements of account, and to make other minor technical updates. To be clear, this interim rule is generally directed at the present transition period before a blanket license is offered by a mechanical licensing collective and does not include regulatory updates that may be required in connection with the future offering of that blanket license; such updates will be the subject of future rulemakings. These regulations are issued on an interim basis with opportunity for public comment to avoid delay in making these necessary updates and clarifications and because they are technical in nature. The Office welcomes comment on these interim regulations.
Group Registration of Newsletters and Serials
Document Number: 2018-26091
Type: Rule
Date: 2018-11-30
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The U.S. Copyright Office is amending its regulations governing the group registration options for newsletters and serials. With respect to group newsletters, the final rule amends the definition of ``newsletter,'' eliminating the requirement that each issue must be a work made for hire, and the provision stating that group newsletter claims must be received within three months after publication. Under the final rule, newsletter publishers now should register their issues with the online application and upload a digital copy of each issue through the electronic registration system instead of submitting them in a physical form. With respect to group serials, the final rule clarifies that serials governed by the rule generally must be published at intervals of a week or longer, and that the publication dates provided in the application need not match the dates appearing on the issues themselves. In addition, the rule phases out the paper application for group serials and the submission of physical copies. Beginning one year after the rule goes into effect, serial publishers will be required to use the online application for group serials and to upload a digital copy of each issue, rather than submitting them in a physical form. The final rule updates the regulations for both newsletters and serials by confirming that publishers do not need to provide the Library of Congress with complimentary subscriptions to or microfilm of each issue as a condition for registering their works with the Office, but newsletter and serial issues that are submitted for purposes of registration will no longer satisfy the mandatory deposit requirement. Publishers will be expected to separately provide the Library with two complimentary subscriptions if the newsletter or serial is published in the United States in a physical format (unless the publisher is informed that the publication is not needed for the Library's collections). If the newsletter or serial is published solely in electronic form, the publisher will remain exempt from mandatory deposit unless the Office issues a formal demand for copies of that publication.
Noncommercial Use of Pre-1972 Sound Recordings That Are Not Being Commercially Exploited: Extension of Comment Period
Document Number: 2018-24848
Type: Proposed Rule
Date: 2018-11-15
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The Copyright Office is extending the deadline for the submission of written comments in response to its October 16, 2018 notice of inquiry regarding the Classics Protection and Access Act, title II of the recently enacted Orrin G. Hatch-Bob Goodlatte Music Modernization Act.
Registration Modernization
Document Number: 2018-22486
Type: Proposed Rule
Date: 2018-10-17
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The U.S. Copyright Office is building a new registration system to meet the demands of the digital age. As the Office develops a new technological infrastructure for this system, it is considering several legal and policy changes to improve user experience, increase Office efficiency, and decrease processing times. The Office is seeking public comment to inform its decisions on how to improve the regulations and practices related to the registration of copyright claims.
Filing of Schedules by Rights Owners and Contact Information by Transmitting Entities Relating to Pre-1972 Sound Recordings
Document Number: 2018-22518
Type: Rule
Date: 2018-10-16
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The U.S. Copyright Office is issuing interim regulations pursuant to the Classics Protection and Access Act, title II of the recently enacted Orrin G. Hatch-Bob Goodlatte Music Modernization Act. These regulations pertain to the filing of schedules by rights owners listing their sound recordings fixed before February 15, 1972, and the filing of contact information by entities publicly performing these sound recordings by means of digital audio transmission. As required under the Act, the Office is also specifying how individuals may request timely notification of the filing of such schedules with the Office. These regulations are issued on an interim basis with opportunity for comment to comply with statutory requirements and to ensure that both rights owners and transmitting entities can promptly make use of these new filing mechanisms to protect their respective legal interests. The Office welcomes comment on these interim rules.
Noncommercial Use of Pre-1972 Sound Recordings That Are Not Being Commercially Exploited
Document Number: 2018-22516
Type: Proposed Rule
Date: 2018-10-16
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The U.S. Copyright Office is issuing a notice of inquiry regarding the Classics Protection and Access Act, title II of the recently enacted Orrin G. Hatch-Bob Goodlatte Music Modernization Act. In connection with the establishment of federal remedies for unauthorized uses of sound recordings fixed before February 15, 1972 (``Pre-1972 Sound Recordings''), Congress also established an exception for certain noncommercial uses of Pre-1972 Sound Recordings that are not being commercially exploited. To qualify for this exemption, a user must file a notice of noncommercial use after conducting a good faith, reasonable search to determine whether the Pre-1972 Sound Recording is being commercially exploited, and the rights owner of the sound recording must not object to the use within 90 days. To promulgate the regulations required by the new statute, the Office is soliciting comments regarding specific steps that a user should take to demonstrate she has made a good faith, reasonable search. The Office also solicits comments regarding the filing requirements for the user to submit a notice of noncommercial use and for a rights owner to submit a notice objecting to such use.
Streamlining the Administration of DART Royalty Accounts and Electronic Royalty Payment Processes
Document Number: 2018-22372
Type: Rule
Date: 2018-10-15
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The U.S. Copyright Office is establishing a rule to codify its procedures for closing royalty payments accounts under section 1005 of the Copyright Act, and is amending its regulations governing online payment procedures for statutory licensing statements of account to no longer require that payments for these accounts be made in a single lump sum. These changes are intended to improve the efficiency of the Copyright Office's Licensing Division operations.
Streamlining the Administration of DART Royalty Accounts and Electronic Royalty Payment Processes
Document Number: 2018-14543
Type: Proposed Rule
Date: 2018-07-11
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The Copyright Office is proposing to establish a regulation regarding its procedures for closing out royalty payments accounts under section 1005, and updating its regulations governing online payment procedures for cable, satellite, and digital audio recording technology (``DART'') statements of account to no longer require that payments be made in a single lump sum. These amendments are intended to improve the efficiency of the Copyright Office's Licensing Division operations.
Copyright Office Fees: Extension of Comment Period
Document Number: 2018-13323
Type: Proposed Rule
Date: 2018-06-21
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The Copyright Office is extending the deadline for the submission of written comments in response to its May 24, 2018 notice of proposed rulemaking proposing the adoption of a new fee schedule.
Group Registration of Serials
Document Number: 2018-13018
Type: Proposed Rule
Date: 2018-06-18
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The U.S. Copyright Office is extending the deadline for the submission of written comments in response to its May 17, 2018 notice of proposed rulemaking regarding amendments to its regulation governing the group registration option for serials.
Group Registration of Newsletters
Document Number: 2018-13017
Type: Proposed Rule
Date: 2018-06-18
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The U.S. Copyright Office is extending the deadline for the submission of written comments in response to its May 17, 2018 notice of proposed rulemaking regarding amendments to its regulation governing the group registration option for newsletters.
Statutory Cable, Satellite, and DART License Reporting Practices
Document Number: 2018-12080
Type: Proposed Rule
Date: 2018-06-06
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.
Group Registration of Newspapers
Document Number: 2018-11841
Type: Rule
Date: 2018-06-01
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The U.S. Copyright Office is amending its regulation governing the deposit of published copies or phonorecords for the Library of Congress to correct an inadvertent error.
Copyright Office Fees
Document Number: 2018-11095
Type: Proposed Rule
Date: 2018-05-24
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The Copyright Office is proposing the adoption of a new fee schedule. The proposed fees would help the Office recover a significant part, though not the whole, of its costs. The Office is providing an opportunity to the public to comment on the proposed changes before it submits the fee schedule to Congress.
Group Registration of Serials
Document Number: 2018-10422
Type: Proposed Rule
Date: 2018-05-17
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The U.S. Copyright Office is proposing to update its regulation governing the group registration option for serialsworks such as magazines and journals. The proposed rule will make a number of changes to reflect current Office practices, promote efficiency of the registration process, and encourage broader participation in the registration system by reducing the burden on applicants. Specifically, the proposed rule will require applicants to file an online application rather than a paper application, and upload a complete digital copy of each issue through the electronic registration system instead of submitting them in physical form. It will update the eligibility requirements for this group option in several respects, such as clarifying that each issue must be published under the same continuing title. In addition, the proposed rule will remove the requirement that the claimant provide the Library of Congress with two complimentary subscriptions to that serial as a condition for using the group registration option. Under the proposed rule, however, serial publishers will remain subject to the mandatory deposit requirement. Specifically, if a serial is published in the United States in a physical format, the publisher must send complimentary subscriptions to the Library, unless it is informed that the serial title is not needed for the Library's collection. Serials published only in electronic form will continue to be subject to the existing on-demand mandatory deposit regime. The Office invites public comment on these proposed changes.
Group Registration of Newsletters
Document Number: 2018-10420
Type: Proposed Rule
Date: 2018-05-17
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The U.S. Copyright Office is proposing to update its regulation governing the group registration option for newsletters, which are defined in part as a class of serials that are published at least two days each week. The proposed rule would make a number of changes to reflect current Office practices, promote efficiency of the registration process, and encourage broader participation in the registration system by reducing the burden on applicants. Specifically, the proposed rule would require applicants to file an online application, rather than a paper application, and upload a complete digital copy of each issue through the electronic registration system instead of submitting them in physical form. The proposed rule would amend the definition of ``newsletter,'' and eliminate the requirement that each issue must be a work made for hire and the requirement that the applicants submit their claims within a certain period of time. In addition, the proposed rule would remove the requirement that the claimant provide the Library with complimentary subscriptions to or microfilm of the newsletter as a condition for using the group registration option. Under the proposed rule, however, newsletter publishers would remain subject to the mandatory deposit requirement. Specifically, if the newsletter is published in the United States in a physical format, the publisher must provide the Library with two complimentary subscriptions to the newsletter, unless it is informed that the newsletter is not needed for the Library's collections. Newsletters published only in electronic form would continue to be subject to the general, existing on-demand mandatory deposit regime for electronic serials. The Office invites public comment on these proposed changes.
Mandatory Deposit of Electronic-Only Books: Extension of Comment Period
Document Number: 2018-10421
Type: Proposed Rule
Date: 2018-05-16
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The U.S. Copyright Office is further extending the deadline for the submission of written comments in response to its April 16, 2018 notice of proposed rulemaking, regarding revisions to its regulations to finalize a 2010 interim rule regarding mandatory deposit of electronic-only works, 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.
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.