81 FR 62373 - Reconsideration Procedure for Refusals To Register: Revised Deadlines

LIBRARY OF CONGRESS
U.S. Copyright Office

Federal Register Volume 81, Issue 175 (September 9, 2016)

Page Range		62373-62373
FR Document		2016-21671

The U.S. Copyright Office is altering the deadline for submitting requests to reconsider refusals to register a copyright claim. Previously, a reconsideration request had to be received by the Office, via mail, no later than three months after the Office issued its decision to refuse registration. This rule has led to confusion, as it can be difficult to predict when a request will physically be received by the Office, particularly given security-screening-related delays in the processing of mail. Accordingly, to provide greater certainty to applicants, the amended rule provides that reconsideration requests only need to be postmarked or dispatched no later than three months after a refusal is issued.

Federal Register, Volume 81 Issue 175 (Friday, September 9, 2016)

[Federal Register Volume 81, Number 175 (Friday, September 9, 2016)]
[Rules and Regulations]
[Page 62373]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-21671]



[[Page 62373]]

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LIBRARY OF CONGRESS

U.S. Copyright Office

37 CFR Part 202

[Docket No. 2016-6]


Reconsideration Procedure for Refusals To Register: Revised 
Deadlines

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

ACTION: Final rule.

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SUMMARY: The U.S. Copyright Office is altering the deadline for 
submitting requests to reconsider refusals to register a copyright 
claim. Previously, a reconsideration request had to be received by the 
Office, via mail, no later than three months after the Office issued 
its decision to refuse registration. This rule has led to confusion, as 
it can be difficult to predict when a request will physically be 
received by the Office, particularly given security-screening-related 
delays in the processing of mail. Accordingly, to provide greater 
certainty to applicants, the amended rule provides that reconsideration 
requests only need to be postmarked or dispatched no later than three 
months after a refusal is issued.

DATES: Effective September 9, 2016.

FOR FURTHER INFORMATION CONTACT: Regan A. Smith, Associate General 
Counsel, [email protected]; John R. Riley, Attorney-Advisor, [email protected]. 
Each person can be reached by telephone at 202-707-8040.

SUPPLEMENTARY INFORMATION: Congress tasked the Register of Copyrights 
with the responsibility to assess the validity of copyright claims 
submitted for registration. 17 U.S.C. 408(a); 410(b). While the Office 
registers the majority of copyright claims, in some cases the 
applications do not meet statutory or regulatory requirements and, 
after examination, the Office refuses to register the claimed works. If 
an applicant disagrees with the Office's determination, he or she may 
appeal the decision within the Office. This administrative procedure is 
known as a ``request for reconsideration.'' A first request for 
reconsideration is reviewed within the Registration Program. See 37 CFR 
202.5(b)(1)-(3). If the Registration Program again refuses to register 
the work, it will send the applicant a written notification stating the 
reasons for refusal. 37 CFR 202.5(b)(4). An applicant can appeal that 
refusal via a second request for reconsideration to the Copyright 
Office Review Board. See 37 CFR 202.5(c)(1)-(3).
    The current regulation requires both first and second requests for 
reconsideration to be mailed to the Copyright Office. 37 CFR 
202.5(d).\1\ Prior to the amendment made here, both first and second 
requests for reconsideration would be considered untimely if they were 
received by the Copyright Office more than three months after the date 
of the preceding refusal to register. See 37 CFR 202.5(b)(3), (c)(3). 
This regulation permits the Register of Copyrights to suspend or waive, 
in whole or in part, the time requirements for submitting a request for 
reconsideration, though only upon a showing of good cause. 37 CFR 
202.5(e).
---------------------------------------------------------------------------

    \1\ The Office at this time is not allowing for electronic 
submission of requests for reconsideration, although it will 
consider implementing such a procedure as part of future information 
technology modernization efforts.
---------------------------------------------------------------------------

    The Office recognizes that applicants requesting reconsideration of 
a refusal to register a copyright claim may benefit from a rule that 
requires an appeal to be postmarked within the prescribed time period, 
rather than a deadline based upon when the appeal is received by the 
Office. In particular, the Office understands that it can be difficult 
to predict how long it will take for a reconsideration request to 
actually be received by the Office, particularly given security 
screening related delays. Accordingly, the Office has decided to adopt 
a ``mailbox'' or ``postal'' rule for requests for reconsideration 
delivered by the United States Postal Service or dispatched by a 
commercial carrier, courier, or messenger, which will offer applicants 
greater certainty while continuing to ensure that appeals are 
considered in a timely fashion. This rule will apply to any appeals 
that are postmarked or dispatched after the rule's effective date; for 
appeals postmarked or dispatched prior to that date, the previous 
regulation will apply.
    The Copyright Office is publishing this amendment as a final rule 
without first publishing a notice of proposed rulemaking, as it 
constitutes a change to a ``rule[ ] of agency . . . procedure, or 
practice.'' 5 U.S.C. 553(b)(A). The rule does not ``alter the rights or 
interests of parties,'' but merely ``alter[s] the manner in which the 
parties present themselves or their viewpoints to the agency.'' JEM 
Broad. Co. v. F.C.C., 22 F.3d 320, 326 (D.C. Cir. 1994). Other 
provisions that relate to submissions of reconsideration requests 
remain unaffected.

List of Subjects in 37 CFR Part 202

    Copyright, Legal process.

Final Regulations

    For the reasons set forth in the preamble, the Copyright Office 
amends 37 CFR part 202 as follows:

PART 202--PREREGISTRATION AND REGISTRATION OF CLAIMS TO COPYRIGHT

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

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


0
2. Amend Sec.  202.5 as follows:
0
a. In paragraph (b)(3), remove the phrase ``received by the Copyright 
Office'' and add in its place the phrase ``postmarked or dispatched by 
a commercial carrier, courier, or messenger''.
0
b. In paragraph (c)(3), remove the phrase ``received in the Copyright 
Office'' and add in its place the phrase ``postmarked or dispatched by 
a commercial carrier, courier, or messenger''.

    Dated: September 2, 2016.
Maria A. Pallante,
Register of Copyrights and Director of the U.S. Copyright Office.
    Approved by:
David S. Mao,
Acting Librarian of Congress.
[FR Doc. 2016-21671 Filed 9-8-16; 8:45 am]
 BILLING CODE 1410-30-P

Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Rules and Regulations 62373

LIBRARY OF CONGRESS The current regulation requires both Final Regulations
first and second requests for For the reasons set forth in the
U.S. Copyright Office reconsideration to be mailed to the preamble, the Copyright Office amends
Copyright Office. 37 CFR 202.5(d).1 37 CFR part 202 as follows:
37 CFR Part 202 Prior to the amendment made here, both
[Docket No. 2016–6] first and second requests for PART 202—PREREGISTRATION AND
reconsideration would be considered REGISTRATION OF CLAIMS TO
Reconsideration Procedure for untimely if they were received by the COPYRIGHT
Refusals To Register: Revised Copyright Office more than three
Deadlines months after the date of the preceding ■ 1. The authority citation for part 202
refusal to register. See 37 CFR continues to read as follows:
AGENCY: U.S. Copyright Office, Library 202.5(b)(3), (c)(3). This regulation Authority: 17 U.S.C. 408(f), 702.
of Congress. permits the Register of Copyrights to
ACTION: Final rule. suspend or waive, in whole or in part, ■ 2. Amend § 202.5 as follows:
the time requirements for submitting a ■ a. In paragraph (b)(3), remove the
SUMMARY: The U.S. Copyright Office is request for reconsideration, though only phrase ‘‘received by the Copyright
altering the deadline for submitting upon a showing of good cause. 37 CFR Office’’ and add in its place the phrase
requests to reconsider refusals to 202.5(e). ‘‘postmarked or dispatched by a
register a copyright claim. Previously, a commercial carrier, courier, or
reconsideration request had to be The Office recognizes that applicants messenger’’.
received by the Office, via mail, no later requesting reconsideration of a refusal ■ b. In paragraph (c)(3), remove the
than three months after the Office to register a copyright claim may benefit phrase ‘‘received in the Copyright
issued its decision to refuse registration. from a rule that requires an appeal to be Office’’ and add in its place the phrase
This rule has led to confusion, as it can postmarked within the prescribed time ‘‘postmarked or dispatched by a
be difficult to predict when a request period, rather than a deadline based commercial carrier, courier, or
will physically be received by the upon when the appeal is received by the messenger’’.
Office, particularly given security- Office. In particular, the Office
understands that it can be difficult to Dated: September 2, 2016.
screening-related delays in the
predict how long it will take for a Maria A. Pallante,
processing of mail. Accordingly, to
reconsideration request to actually be Register of Copyrights and Director of the
provide greater certainty to applicants,
received by the Office, particularly U.S. Copyright Office.
the amended rule provides that
given security screening related delays. Approved by:
reconsideration requests only need to be
postmarked or dispatched no later than Accordingly, the Office has decided to David S. Mao,
three months after a refusal is issued. adopt a ‘‘mailbox’’ or ‘‘postal’’ rule for Acting Librarian of Congress.
requests for reconsideration delivered [FR Doc. 2016–21671 Filed 9–8–16; 8:45 am]
DATES: Effective September 9, 2016.
by the United States Postal Service or BILLING CODE 1410–30–P
FOR FURTHER INFORMATION CONTACT: dispatched by a commercial carrier,
Regan A. Smith, Associate General courier, or messenger, which will offer
Counsel, resm@loc.gov; John R. Riley, applicants greater certainty while
Attorney-Advisor, jril@loc.gov. Each ENVIRONMENTAL PROTECTION
continuing to ensure that appeals are AGENCY
person can be reached by telephone at considered in a timely fashion. This rule
202–707–8040. will apply to any appeals that are 40 CFR Part 52
SUPPLEMENTARY INFORMATION: Congress postmarked or dispatched after the
tasked the Register of Copyrights with rule’s effective date; for appeals [EPA–R07–OAR–2016–0313; FRL–9951–87–
the responsibility to assess the validity Region 7]
postmarked or dispatched prior to that
of copyright claims submitted for date, the previous regulation will apply. Approval and Promulgation of
registration. 17 U.S.C. 408(a); 410(b). The Copyright Office is publishing Implementation Plans; State of
While the Office registers the majority of this amendment as a final rule without Kansas; Infrastructure SIP
copyright claims, in some cases the first publishing a notice of proposed Requirements for the 2012 Annual Fine
applications do not meet statutory or rulemaking, as it constitutes a change to Particulate Matter (PM2.5) National
regulatory requirements and, after a ‘‘rule[ ] of agency . . . procedure, or Ambient Air Quality Standards
examination, the Office refuses to practice.’’ 5 U.S.C. 553(b)(A). The rule (NAAQS)
register the claimed works. If an does not ‘‘alter the rights or interests of
applicant disagrees with the Office’s parties,’’ but merely ‘‘alter[s] the manner AGENCY: Environmental Protection
determination, he or she may appeal the in which the parties present themselves Agency (EPA).
decision within the Office. This or their viewpoints to the agency.’’ JEM ACTION: Final rule.
administrative procedure is known as a Broad. Co. v. F.C.C., 22 F.3d 320, 326
‘‘request for reconsideration.’’ A first (D.C. Cir. 1994). Other provisions that SUMMARY: The Environmental Protection
request for reconsideration is reviewed relate to submissions of reconsideration Agency (EPA) is approving elements of
within the Registration Program. See 37 requests remain unaffected. a State Implementation Plan (SIP)
CFR 202.5(b)(1)–(3). If the Registration submission from the State of Kansas
Program again refuses to register the List of Subjects in 37 CFR Part 202 addressing the applicable requirements
work, it will send the applicant a of Clean Air Act (CAA) section 110 for
ehiers on DSK5VPTVN1PROD with RULES

written notification stating the reasons Copyright, Legal process. the 2012 annual PM2.5 NAAQS. Section
for refusal. 37 CFR 202.5(b)(4). An 110 requires that each state adopt and
1 The Office at this time is not allowing for
applicant can appeal that refusal via a submit a SIP to support the
electronic submission of requests for
second request for reconsideration to reconsideration, although it will consider
implementation, maintenance, and
the Copyright Office Review Board. See implementing such a procedure as part of future enforcement of each new or revised
37 CFR 202.5(c)(1)–(3). information technology modernization efforts. NAAQS promulgated by the EPA. These

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Document Created: 2018-02-09 13:15:24
Document Modified: 2018-02-09 13:15:24

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		Effective September 9, 2016.
Contact		Regan A. Smith, Associate General Counsel, [email protected]; John R. Riley, Attorney-Advisor, [email protected] Each person can be reached by telephone at 202-707-8040.
FR Citation		81 FR 62373
CFR Associated		Copyright and Legal Process

81 FR 62373 - Reconsideration Procedure for Refusals To Register: Revised Deadlines

LIBRARY OF CONGRESSU.S. Copyright Office

Federal Register Volume 81, Issue 175 (September 9, 2016)

LIBRARY OF CONGRESS
U.S. Copyright Office