81_FR_68131 81 FR 67940 - Copyright Office Technical Amendments

81 FR 67940 - Copyright Office Technical Amendments

LIBRARY OF CONGRESS
U.S. Copyright Office

Federal Register Volume 81, Issue 191 (October 3, 2016)

Page Range67940-67954
FR Document2016-20495

The U.S. Copyright Office is proposing to amend 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of the Office's regulations by updating cross-references to the Copyright Act and the Office's regulations, replacing outdated terminology, reflecting structural changes to the Office and its senior management, eliminating expired or obsolete provisions, and correcting nonsubstantive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. While these amendments are intended to be technical in nature, out of an abundance of caution, the Office is publishing the proposed regulations for public comment.

Federal Register, Volume 81 Issue 191 (Monday, October 3, 2016)
[Federal Register Volume 81, Number 191 (Monday, October 3, 2016)]
[Proposed Rules]
[Pages 67940-67954]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-20495]


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LIBRARY OF CONGRESS

U.S. Copyright Office

37 CFR Parts 201, 202, 203, 204, 205, 210, 211, 212, 253, 255, 258, 
260, 261, 262, 263, and 270

[Docket No. 2016-5]


Copyright Office Technical Amendments

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

ACTION: Notice of proposed rulemaking.

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SUMMARY: The U.S. Copyright Office is proposing to amend 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Copyright Act and the Office's regulations, replacing outdated 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. While these amendments are intended to be 
technical in nature, out of an abundance of caution, the Office is 
publishing the proposed regulations for public comment.

DATES: Written comments must be received no later than 11:59 p.m. 
Eastern Time on November 2, 2016.

ADDRESSES: The Copyright Office is using the regulations.gov system for 
the submission and posting of public comments in this proceeding. All 
comments are therefore to be submitted electronically through 
regulations.gov. Specific instructions for submitting comments are 
available on the Copyright Office Web site at http://copyright.gov/rulemaking/2016technicalamendments/index.html. If electronic submission 
of comments is not feasible, please contact the Office using the 
contact information below for special instructions.

FOR FURTHER INFORMATION CONTACT: Sarang V. Damle, General Counsel and 
Associate Register of Copyrights, [email protected]; Regan A. Smith, 
Associate General Counsel, [email protected]; or Erik Bertin, Deputy 
Director of Registration Policy and Practice, [email protected]. Each 
person can be reached by telephone at 202-707-8040.

SUPPLEMENTARY INFORMATION: The U.S. Copyright Office (the ``Office'') 
is proposing to make a series of technical amendments (the proposed 
``Rule'') that address certain inconsistencies and inaccuracies in 
parts 201, 202, 203, 204,

[[Page 67941]]

205, 210, 211, 212 and subchapter B of title 37 of the Code of Federal 
Regulations. Specifically, the proposed rule makes technical changes to 
regulations governing registration, recordation, and licensing. These 
changes include the removal of expired or obsolete provisions that no 
longer serve any purpose, such as regulations issued under the now-
defunct Copyright Arbitration Royalty Panel system. It also proposes 
technical changes to the regulations for submitting requests under the 
Freedom of Information Act and the Privacy Act, the procedures for 
serving legal process on the Office, and the regulations governing the 
Office's general operations.
    While the amendments are self-explanatory, for convenience, the 
Office has summarized them in seven categories below.

I. Reorganization of the U.S. Copyright Office

    The Register of Copyrights has reorganized the administrative 
divisions of the Office in the last few years. The Register appointed a 
Chief Information Officer (``CIO'') to serve as her primary advisor on 
information technology, and a Director of the Copyright Technology 
Office, who supervises the day-to-day maintenance of the Office's 
registration and recordation systems.
    The Register also divided the former Information and Records 
Division into the Office of Public Records and Repositories (``PRR'') 
and Office of Public Information and Education (``PIE''). PRR, headed 
by an expert in public administration, includes the Recordation 
Section, the Records Management Section, and the Records Research and 
Certification Section. PIE is headed by an Associate Register of 
Copyrights and includes the Publications Section and the Copyright 
Information Section.
    The proposed rule reflects these developments by updating Sec.  
203.3 by providing titles of the Office's senior management and updated 
descriptions for each division within the Office, including the Office 
of the Register, the Office of the General Counsel, the Office of 
Policy and International Affairs, the Office of Registration Policy and 
Practice, the Office of Public Records and Repositories, the Office of 
Public Information and Education, the Office of the Chief Information 
Officer, and the Office of the Chief of Operations (which includes the 
Receipt Analysis and Control Division, the Copyright Acquisitions 
Division, and the Licensing Division). It also provides updated mailing 
addresses as set forth in 37 CFR 201.1(b)(2) and (c). Additionally, 
when referring to the Office's Web site, the proposed rule replaces the 
term ``homepage'' with the term ``Web site.''
    In the interest of consistency, the proposed rule also removes the 
initials ``U.S.'' from certain provisions that refer to the ``U.S. 
Copyright Office.'' Finally, the proposed rule clarifies that checks, 
money orders, or other fees submitted to the Office should be made 
payable to the ``U.S. Copyright Office,'' rather than the ``Register of 
Copyrights.'' See, e.g., 37 CFR 201.6, 201.33(e)(2)(i), 
201.39(g)(3)(i).

II. Compendium of U.S. Copyright Office Practices

    The Compendium of U.S. Copyright Office Practices, Third Edition, 
published in December 2014, is the administrative manual of the 
Register of Copyrights concerning the statutory duties of the Copyright 
Office under title 17 of the United States Code. It serves as both a 
technical manual for the Office's staff and a guidebook for authors, 
copyright licensees, practitioners, scholars, the courts, and members 
of the general public.\1\ The proposed rule clarifies the means for 
viewing and obtaining copies of the Third Edition, as well as prior 
editions of the Compendium, set forth in 37 CFR 201.2(b)(7).
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    \1\ See The Compendium of U.S. Copyright Office Practices, 79 FR 
78911 (Dec. 31, 2014).
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III. Grammatical Amendments

    The proposed rule corrects errors in spelling, capitalization, 
punctuation, spacing, and numbering, and addresses inconsistencies in 
the use of abbreviations, symbols, time periods, and italics. For 
example, the proposed rule revises 37 CFR 201.4 to reflect that 
registrations issued under the 1909 Act may contain a prefix consisting 
of one or two letters (e.g., E, EU, F, G, K, etc.) as opposed to ``a 
two- or three-letter prefix,'' and corrects the word ``or'' to ``of'' 
in the definition of ``official certification.''

IV. Updated Citations and Cross-References to the Copyright Act and the 
Code of Federal Regulations

    The proposed rule adopts the appropriate format for citing or 
cross-referencing other provisions of the Code of Federal Regulations, 
as recommended by the Federal Register Document Drafting Handbook. It 
also reserves Sec. Sec.  201.15, 205.6 through 205.10, and 205.14 
through 205.20 for future use.
    In addition, the proposed rule revises erroneous cross-references 
to the Copyright Act and the Code of Federal Regulations. By way of 
example, the proposed rule corrects a cross-reference relating to the 
deposit requirements for certain sculptural works to make clear the 
Office's practice of allowing applicants, under certain circumstances, 
to submit a single copy of a board game (rather than two copies) 
instead of a photograph, as set forth in 37 CFR 202.20(c)(2)(i)(G) and 
(c)(2)(xi)(B).

V. Updated Terminology

    The proposed rule reflects a number of changes in terminology. 
These changes replace outdated terms that are no longer used by the 
Office, but they do not represent a substantive change in policy. For 
example, the Office now uses the term ``applicant'' when referring to a 
person who submits an application for registration, and uses the term 
``remitter'' when referring to a person who submits a document for 
recordation. The proposed rule adds these terms where they are missing 
from the regulations. The proposed rule also replaces the term 
``certificate of record'' with ``certificate of recordation,'' ``Visual 
Arts Regulatory Statements'' with ``Visual Arts Registry Statements,'' 
``vessel hulls'' with ``vessel designs,'' and ``restored works'' to 
``restored copyright.'' It also removes references to information 
provided ``on the application'' for deposit accounts and the term 
``preregistration.'' Finally, the proposed rule updates the name of 
Form SC from ``Statement of Account for Secondary Transmissions by 
Satellite Carriers to Home Viewers'' in Sec.  201.11(d)(2) to 
``Statement of Account for Secondary Transmissions by Satellite 
Carriers of Distant Television Signals.''

VI. Improved Readability and Style

    Consistent with the Office's longstanding policy,\2\ the proposed 
rule replaces gender-specific references with gender-neutral 
references. The proposed rule also improves readability by renumbering 
certain provisions, by rewriting awkward phrases or paragraphs, and by 
deleting redundant provisions that repeat what is stated elsewhere in 
the same provision. For example, the Office's regulations governing 
Freedom of Information Act policies in Sec.  203.4(f) and (g) were 
rewritten without substantive change to improve readability. In all 
cases, these changes are intended to clarify the

[[Page 67942]]

existing regulations, but do not represent a substantive change in 
policy.
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    \2\ Arthur Levine, Memories of Barbara Ringer, Copyright 
Notices, Apr. 2009, at 3, 6 (noting that Congress used male and 
female pronouns in the Copyright Act of 1976 at the request of 
Register of Copyrights Barbara Ringer), available at http://www.copyright.gov/docs/barabara-ringer-special-edition-2009-04.pdf.
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VII. Expired or Obsolete Provisions

    The Office has identified a number of provisions that have expired 
or have become obsolete. Because these provisions no longer serve any 
purpose, the Office is removing them from its regulations.
    Effective Date of Registration for Registrations Issued in 1991. 
The Copyright Fees and Technical Amendments Act of 1989 increased the 
filing fee for registering a claim to copyright from $10 to $20.\3\ The 
proposed rule eliminates a provision in Sec.  202.4 establishing a 
procedure for assigning an effective date of registration for claims 
received between January 3, 1991 and December 31, 1991 that were 
submitted with an insufficient filing fee, as these dates have passed.
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    \3\ Public Law 101-318, 104 Stat. 287, 287 (1990).
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    Registration of Mask Works. The proposed rule removes language in 
Sec.  211.4(b)(1) specifying that January 7, 1985 will be the effective 
date of registration for applications to register mask works received 
before that date \4\ because any such applications have been processed 
by now.
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    \4\ See Mask Work Protection; Implementation of the 
Semiconductor Chip Protection Act of 1984, 50 FR 263 (Jan. 3, 1985); 
Mask Work Protection; Implementation of the Semiconductor Chip 
Protection Act of 1984, 50 FR 26714 (June 28, 1985).
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    Recordation of Statements of Intent to Enforce Filed Under the 
North American Free Trade Agreement. Because the deadline for filing a 
``Statement of Intent'' to reclaim copyright protection for certain 
motion pictures fixed or published in Canada or Mexico that fell into 
the public domain in the United States due to a lack of a copyright 
notice under NAFTA expired on December 31, 1994,\5\ and because the 
provision that authorized the Office to record these types of 
statements has been removed from the statute, the proposed rule removes 
the corresponding provision at 37 CFR 201.31 from the regulations.\6\
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    \5\ See Public Law 103-182, 107 Stat. 2057, 2115 (codified as 17 
U.S.C. 104A (1993)); Public Law 103-465, 108 Stat. 4809, 4976-81 
(1994).
    \6\ See Procedures for Copyright Restoration of Certain Motion 
Pictures and their Contents in Accordance With the North American 
Free Trade Agreement, 59 FR 58789 (Nov. 15, 1994).
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    Registration of Restored Works. The proposed rule removes outdated 
language in Sec.  201.31 related to a procedure for registering foreign 
works that were restored to copyright protection under section 104A of 
the Copyright Act (as amended by the URAA) \7\ and describes the 
correct procedure for registering a restored work.
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    \7\ See Restoration of Certain Berne Works and WTO Works, 60 FR 
50414 (Sept. 29, 1995); 17 U.S.C. 104A(e).
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    Recordation of Notices of Intent to Enforce a Restored Work Under 
the URAA. The proposed rule clarifies 37 CFR 201.33 and 201.34, which 
explain that a list of parties that filed a Notice of Intent to Enforce 
\8\ a restored work under the URAA is available on the Office's Web 
site, by removing outdated instructions for logging onto the Office's 
Web site or for obtaining access to these records through terminals 
located in the Office and reflecting reliance upon email addresses 
rather than ``telefax number[s].''
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    \8\ 17 U.S.C. 104A(e).
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    Recordation of Voluntary Agreements Between Copyright Owners and 
Public Broadcasters. In accordance with statutory changes that removed 
the prior section 118(b)(2) from the Copyright Act,\9\ and gave the 
Copyright Royalty Judges rather than the Register of Copyrights 
authority over the statutory license in section 118,\10\ the Office is 
removing the obsolete regulatory provision at 37 CFR 201.9 relating to 
recordation of voluntary agreements between copyright owners and public 
broadcasting entities \11\ from the regulations.
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    \9\ Public Law 106-44, 113 Stat. 221, 222 (1999).
    \10\ Public Law 108-419, 118 Stat. 2341, 2365-67 (2004).
    \11\ See Filing of Agreements Between Copyright Owners and 
Public Broadcasting Entities, 42 FR 16776 (Mar. 30, 1977).
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    IBM-PC Compatible Disks for Recording Documents Pertaining to 
Computer Shareware. The Office is updating its administrative procedure 
in 37 CFR 201.26(d)(4)for recording documents pertaining to computer 
shareware to no longer indicate that they be submitted on both paper 
and diskette; they will now be accepted without a diskette. The Office 
has recorded less than two dozen shareware documents since the final 
rule was adopted.
    Copyright Arbitration Royalty Panel Rules and Procedures. 
Subchapter B contains various regulations relating to the former 
Copyright Arbitration Royalty Panel or ``CARP,'' including legacy 
royalty rates for past accounting periods, which certain regulations 
were phased out by the Copyright Royalty and Distribution Reform Act of 
2004.\12\ The successor entity to the CARP, the Copyright Royalty 
Board, has issued its own set of rules and procedures.\13\ Accordingly, 
the Office is removing obsolete CARP regulations, while retaining parts 
254 and 256 which contain information related to coin-operated 
phonorecord players and the cable compulsory license, respectively. 
However, the Office notes that these legacy rates and regulations will 
remain accessible via past editions of the Code of Federal Regulations 
for any who may have need to consult them. In addition, legacy 
regulations are available on the Government Publishing Office's Federal 
Digital System (``FDsys'') at www.thefederalregister.org/fdsys.
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    \12\ See Public Law 108-419, 118 Stat. 2341 (2004).
    \13\ See 37 CFR ch. III.
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    Statements of Account covering compulsory licenses for secondary 
transmissions by cable systems. The Office is removing the portions of 
Sec.  201.17(i) that relate to filings covering the accounting periods 
in 1983 that were affected by the 1982 cable rate adjustment,\14\ as 
the Office does not expect to receive any additional filings covering 
these accounting periods. Similarly, the Office is removing Sec.  
201.17(m)(2)(iii), which applies only to statements for the 1978-1 
accounting period, along with certain other references to pre-1978 
activities in 201.17(e) and (f).
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    \14\ See Adjustment of the Royalty Rate for Cable Systems; 
Federal Communications Commission's Deregulation of the Cable 
Industry, 47 FR 52146 (Nov. 19, 1982).
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    Verification of a Statement of Account for secondary transmissions 
made by cable systems and satellite carriers. Effective November 18, 
2014, the Office implemented Sec.  201.16, which sets forth procedures 
by which a copyright owner may audit a statement of account filed with 
the Office under 17 U.S.C. 111(d)(1) or 119(b)(1).\15\ This regulation 
includes a provision outlining a procedure in the event the Office 
received a notice of intent to audit a statement of account prior to 
the effective date of the section. See 37 CFR 201.16(c)(7). Because the 
Office did not in fact receive any notice of intent to audit prior to 
the effective date of the section, that provision is now obsolete and 
may be removed.
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    \15\ See Verification of Statements of Account Submitted by 
Cable Operators and Satellite Carriers, 79 FR 68623 (Nov. 18, 2014).
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    Statements of Account for digital audio recording devices or media. 
Section 201.28(c)(3) includes provisions that solely concern Statements 
of Account filed for the period covering October 28, 1992 through the 
end of the first accounting year for importers/manufacturers of digital 
audio recording devices. Because the Office does not expect to receive 
any additional filings covering this accounting period, the Office is 
removing this language.

[[Page 67943]]

    Forms on Copyright Office Web site. The proposed rule updates Sec.  
201.28 to reflect that forms relating to various statutory licenses are 
available on the Copyright Office Web site and removes references 
addressing requests by mail or facsimile.
    Telegrams and Cablegrams. The existing regulations in Sec. Sec.  
201.13 and 201.22 allow copyright owners to serve certain types of 
notices required under sections 110(4)(B)(iii) \16\ and 411(c) \17\ by 
telegram or cablegram. The proposed rule updates these regulations to 
remove references to these obsolete forms of communication and instead 
allow for service of notices by email or fax.
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    \16\ 17 U.S.C. 110(4)(B)(ii) and (iii).
    \17\ 17 U.S.C. 411(c)(1).
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    Inspection of U.S. Copyright Office Records. The proposed rule 
removes Sec.  201.2(b)(4)'s requirement that requests to inspect a 
pending application, deposit for a pending application,\18\ or a 
document submitted for recordation\19\ be limited to materials 
submitted within twelve months prior to the request, given that the 
processing time for a paper application may be longer than that in some 
cases.
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    \18\ 37 CFR 201.2(b)(4)(i).
    \19\ See Office Organization and Procedures in Providing 
Information, 50 FR 30169 (July 24, 1985).
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    Refunds. The proposed rule removes the reference to postage stamps 
in 37 CFR 201.6(c)(1) because in practice, the Office has never used 
this method of payment in issuing refunds.

List of Subjects

37 CFR Part 201

    Copyright, General provisions.

37 CFR Part 202

    Copyright, Preregistration and registration of claims to copyright.

37 CFR Part 203

    Freedom of information.

37 CFR Part 204

    Privacy.

37 CFR Part 205

    Legal processes.

37 CFR Part 210

    Copyright, Phonorecords, Recordings.

37 CFR Part 211

    Mask work.

37 CFR Part 212

    Design, Vessel hulls, Registration.

37 CFR Part 253

    Copyright, Public broadcasting entities, Radio, Television.

37 CFR Part 255

    Copyright, Music, Recordings.

37 CFR Part 258

    Copyright, Satellite, Rates.

37 CFR Parts 260 through 263

    Copyright, Digital audio transmissions, Performance right, Sound 
recordings.

37 CFR Part 270

    Copyright, Sound recordings.

Proposed Regulations

    For the reasons set forth in the preamble, the U.S. Copyright 
Office proposes amending 37 CFR parts 201, 202, 203, 204, 205, 210, 
211, 212, 253, 255, 258, 260, 261, 262, 263, and 270 as follows:

PART 201--GENERAL PROVISIONS

0
1. Revise the authority citation for part 201 to read as follows:

    Authority: 17 U.S.C. 702.


Sec.  201.1  [Amended]

0
 2. Amend Sec.  201.1 as follows:
0
a. In paragraph (a), remove ``on-site deliveries from commercial and 
private couriers'' and add in its place ``direct deliveries from 
commercial couriers and messengers''.
0
b. In paragraph (b)(2), remove ``20559'' and add in its place ``20559-
6000'', remove the term ``Hull'' from the ``Type of submission'' column 
of the table, and remove the term ``AD'' from the ``Code'' column of 
the table and add in its place the term ``CAD/AD''.
0
c. In paragraph (c)(1), remove ``Information and Records Division'' and 
add in its place ``Office of Public Information and Education''.
0
d. In paragraph (c)(2), remove ``Sections'' and add in its place 
``sections''.
0
e. In paragraph (c)(4), remove ``hull'' and add in its place 
``design''.
0
f. In paragraph (c)(5), remove ``Records Research and Certification,'' 
and add in its place ``Records Research and Certification Section,''.
0
g. In paragraphs (c)(6) and (c)(7), remove ``Section'' and add in its 
place ``section''.
0
h. In paragraph (c)(7), remove ``Ave.'' and add in its place 
``Avenue''.
0
3. Amend Sec.  201.2 as follows:
0
a. In paragraph (b)(1), remove ``Certifications and Documents Section'' 
and add in its place ``Records Research and Certification Section''.
0
b. In paragraph (b)(3) introductory text, remove ``Information and 
Records Division'' and add in its place ``Office of Public Information 
and Education''.
0
c. In paragraph (b)(3)(i)(C), remove ``the remitter'' and add in its 
place ``the applicant or remitter''.
0
d. Redesignate the introductory text of paragraph (b)(4) as paragraph 
(b)(4)(i), redesignate paragraphs (b)(4)(i) and (ii) as paragraphs 
(b)(4)(i)(A) and (B), and designate the undesignated text preceding 
paragraph (b)(5) as paragraph (b)(4)(ii).
0
e. In newly redesignated paragraph (b)(4)(i), remove the phrase ``that 
were submitted within the twelve month period immediately preceding the 
request for access''.
0
f. In newly redesignated paragraph (b)(4)(ii), remove ``Copyright 
Information'' and add in its place ``Records Research and 
Certification''.
0
g. Revise paragraph (b)(7).
0
h. In paragraph (d)(1)(iv), remove ``Certifications'' and add in its 
place ``Certification''.
    The revision reads as follows:


Sec.  201.2  Information given by the Copyright Office.

* * * * *
    (b) * * *
    (7) The Register of Copyrights has issued an administrative manual 
known as the Compendium of U.S. Copyright Office Practices, Third 
Edition. The Compendium explains many of the practices and procedures 
concerning the Office's mandate and statutory duties under title 17 of 
the United States Code. It is both a technical manual for the Copyright 
Office's staff, as well as a guidebook for authors, copyright 
licensees, practitioners, scholars, the courts, and members of the 
general public. The Third Edition and prior editions of the Compendium 
may be viewed, downloaded, or printed from the Office's Web site. They 
are also available for public inspection and copying in the Records 
Research and Certification Section.
* * * * *


Sec.  201.3  [Amended]

0
4. Amend Sec.  201.3 as follows:
0
a. In paragraph (c)(3), remove ``predominately'' and add in its place 
``predominantly''.
0
b. In paragraph (c)(9), remove the period from the end of the first 
line and add in its place a colon and remove ``$130'' and add in its 
place ``130''.
0
c. In paragraph (c)(11), remove ``hull'' and add in its place 
``design''.
0
d. In the heading of paragraph (d), remove ``Service Fees'' and add in 
its place ``service fees''.
0
e. In paragraph (d)(6), remove the period from the end of the term 
``Variable'' in the ``Fees ($)'' column of the table.

[[Page 67944]]

0
f. In table heading of paragraph (e), remove ``division'' and add in 
its place ``Division''.


Sec.  201.4  [Amended]

0
5. Amend Sec.  201.4 as follows:
0
a. In the introductory text of paragraph (a)(1), remove ``, as amended 
by Public Law 94-553''.
0
b. In paragraph (a)(2), remove ``, as amended by Public Law 94-553''.
0
c. In paragraph (a)(3)(ii), remove ``or'' and add in its place ``of''.
0
d. In paragraph (c)(4)(ii)(D)(4), remove ``a two- or three-letter'' and 
add in its place ``a one-, two-, or three-letter''.
0
e. In paragraph (c)(4)(iii), add a period after ``Public Catalog'' and 
remove ``and the remitter'' and add in its place ``The remitter''.
0
f. In paragraph (e), remove ``record'' and add in its place 
``recordation''.


Sec.  201.5  [Amended]

0
6. Amend Sec.  201.5 as follows:
0
a. In paragraphs (a)(1) introductory text, (a)(1)(i)(A) and (a)(1)(ii), 
remove ``, as amended by Public Law 94-553''.
0
b. In paragraph (b)(2)(i), remove the semicolon from the end and add in 
its place a period.
0
c. In paragraph (b)(2)(iii)(B), remove ``; and'' and add in its place a 
period.


Sec.  201.6  [Amended]

0
7. Amend Sec.  201.6 as follows:
0
a. In paragraph (a), remove ``Register of Copyrights'' from the first 
sentence and add in its place ``U.S. Copyright Office''.
0
b. In paragraph (b)(3), remove the last sentence.
0
c. In paragraph (c)(1), remove ``hulls'' from the first sentence and 
add in its place ``designs''.
0
d. In paragraphs (c)(1) and (2), remove the phrase ``, and refunds of 
less than $2 may be made in postage stamps''.
0
e. In paragraph (c)(3), remove the comma after the term ``Records'' in 
the last sentence.
0
f. In paragraph (d), remove ``transferred for the'' and add in its 
place ``transferred for use in the''.


Sec.  201.7  [Amended]

0
8. Amend Sec.  201.7 as follows:
0
a. In paragraph (c)(1), remove ``de minimis'' from the first sentence 
and add in its place ``insufficiently creative'' and remove ``not in 
accordance with title 17 U.S.C., Chapters 1 through 8'' from the last 
sentence and add in its place ``not in accordance with U.S. copyright 
law''.
0
b. In paragraph (c)(2), remove ``remitter'' and add in its place 
``applicant''.
0
c. In paragraph (d), remove ``remitter'' from the first sentence and 
add in its place ``applicant''.


Sec.  201.8  [Amended]

0
9. Amend Sec.  201.8 as follows:
0
a. In paragraphs (c)(1) introductory text paragraph and (c)(1)(i), 
remove ``claimant'' and add in its place ``applicant'' each place it 
appears.
0
b. In paragraph (d), remove ``certificate or registration'' and add in 
its place ``certificate of registration''.
0
c. In paragraphs (f)(2) and (3), remove ``mail'' and add in its place 
``Mail''.
0
d. In paragraph (g), remove ``one of the addresses specified in Sec.  
201.1'' and add in its place ``the address specified in Sec.  
201.1(c)(1)''.


Sec.  201.9  [Removed and reserved]

0
10. Remove and reserve Sec.  201.9.


Sec.  201.10  [Amended]

0
11. Amend Sec.  201.10 as follows:
0
a. In the introductory text, remove ``sections 203, 304(c) and 304(d) 
of title 17, of the United States Code'' and add in its place ``17 
U.S.C. 203, 304(c), and 304(d)''.
0
b. In paragraphs (b)(1) introductory text, remove ``sections 304(c) and 
304(d) of title 17, U.S.C.,'' and add in its place ``17 U.S.C. 304(c) 
and 304(d)''.
0
c. In paragraph (b)(1)(vii)(B), remove ``section 304 of title 17, 
U.S.C.,'' and add in its place ``17 U.S.C. 304''.
0
d. In paragraph (b)(2) introductory text, remove ``section 203 of title 
17, U.S.C.,'' and add in its place '' 17 U.S.C. 203''.
0
e. In paragraph (b)(2)(vii)(B), remove ``section 203 of title 17, 
U.S.C.'' and add in its place ``17 U.S.C. 203''.
0
f. In paragraph (c)(2), remove ``section 304(c) or section 304(d), 
whichever applies, of title 17, U.S.C.'' and add in its place ``17 
U.S.C. 304(c) or 304(d), whichever applies''.
0
g. In paragraph (c)(3), remove ``section 203 of title 17, U.S.C.'' and 
add in its place ``17 U.S.C. 203''.
0
h. In paragraph (d)(2), remove ``section 203, section 304(c) or section 
304(d) of title 17, U.S.C.'' and add in its place ``17 U.S.C. 203, 
304(c), or 304(d)''.
0
i. In paragraph (d)(4), remove ``section 203, section 304(c), or 
section 304(d) of title 17, U.S.C.'' and add in its place ``17 U.S.C. 
203, 304(c), or 304(d)''.
0
j. In paragraph (e)(1), remove ``section 203, section 304(c), or 
section 304(d) of title 17, U.S.C.'' and add in its place ``17 U.S.C. 
203, section 304(c), or section 304(d)''.
0
k. In paragraph (d)(1), remove ``first-class'' and add in its place 
``first class''.
0
l. In paragraph (d)(3), remove ``reasonable investigation'' and add in 
its place ``reasonable investigation'' and remove '' ``reasonable 
investigation'' '' and add in its place ``reasonable investigation''.
0
m. In paragraph (f)(1) introductory text, remove ``paragraph (2) of 
this paragraph (f)'' and add in its place ``paragraph (f)(2) of this 
section''.
0
n. In paragraph (f)(1)(ii), remove ``first-class'' and add in its place 
``first class''.
0
o. In paragraph (f)(3), remove ``record'' and add in its place 
``recordation''.
0
p. In paragraph (f)(4), remove ``section 203(a)(3) or section 
304(c)(3), as applicable, of title 17, United States Code'' and add in 
its place ``17 U.S.C. 203(a)(3) or 304(c)(3), whichever applies'' and 
remove ``Sec.  201.4(c)(3)'' and add in its place ``Sec.  201.4''.
0
q. In paragraph (f)(7), remove ``Sec.  201.1'' and add in its place 
``Sec.  201.1(c)(2)''.


Sec.  201.11  [Amended]

0
12. Amend Sec.  201.11 as follows:
0
a. In paragraph (a), remove ``section 119(b)(1) and Section 122(a) of 
title 17 of the United States Code, as amended by Public Law 111-175'' 
and add in its place ``17 U.S.C. 119(b)(1), as amended by Public Law 
111-175'', remove ``that'' and add in its place ``for'', and add the 
term ``to'' after the phrase ``private home viewing''.
0
b. In paragraph (b)(1), remove ``and'' and add in its place ``and'', 
remove ``Section 119(d) of title 17 of the United States Code, as 
amended by Public Law 111-175'' and add in its place ``17 U.S.C. 
119(d), as amended by Public Law 111-175''.
0
c. In paragraph (c)(1), remove ``section 119(b)(1)(B) and (c)(3) of 
title 17'' and add in its place ``17 U.S.C. 119(b)(1)(B)'' and remove 
``not later than'' and add in its place ``no later than'' each place it 
appears.
0
d. In paragraph (d)(1), remove the term ``U.S.'', and remove ``free 
upon request. Requests may be mailed to the address specified in Sec.  
201.1'' and add in its place ``free from the Copyright Office Web 
site''.
0
e. In paragraph (d)(2), remove ``Statement of Account for Secondary 
Transmissions by Satellite Carriers to Home Viewers'' and add in its 
place ``Form SC (Statement of Account for Secondary Transmissions by 
Satellite Carriers of Distant Television Signals)''.
0
f. In paragraphs (e)(6) and (7), remove ``Sec.  258.3'' and add in its 
place ``Sec.  386.2''.
0
g. In paragraph (h)(3)(i), remove the second sentence and add in its 
place ``Telephone or similar unsigned requests that meet these 
conditions may be permitted, where a follow-up written request 
detailing the same information is received by the Copyright Office 
within fourteen days after the required thirty-day period.''.

[[Page 67945]]

Sec.  201.12  [Amended]

0
13. Amend Sec.  201.12 as follows:
0
a. In paragraph (a), remove ``section 111(e)(2) of title 17 of the 
United States Code as amended by Public Law 94-553'' and add in its 
place ``17 U.S.C. 111(e)(2)''.
0
b. In paragraph (b), remove ``Sec.  201.3'' and add in its place 
``Sec.  201.3(e)''.
0
c. In paragraph (c), remove ``record'' from the last sentence and add 
in its place ``recordation''.


Sec.  201.13  [Amended]

0
14. Amend Sec.  201.13 as follows:
0
a. In paragraph (a), remove ``section 110(4) of title 17 of the United 
States Code as amended by Public Law 94-553'' and add in its place ``17 
U.S.C. 110(4)''.
0
b. In paragraph (d)(3), remove ``a telegram'' and add in its place ``an 
email, fax,'' and remove ``said paragraph (e)'' and add in its place 
``paragraph (e) of this section''.
0
c. In paragraph (e)(2)(iii), remove ``Telegram, cablegram,'' and add in 
its place ``Email, fax,''.


Sec.  201.14  [Amended]

0
15. Amend Sec.  201.14 as follows:
0
a. In paragraphs (a)(1) and (2), remove ``as amended by Public Law 94-
553''.
0
b. In paragraph (c)(2), remove ``8'' and add in its place ``eight''.


Sec.  201.15  [Reserved]

0
16. Add and reserve Sec.  201.15.


Sec.  201.16  [Amended]

0
17. Amend Sec.  201.16 by removing paragraph (c)(7).
0
18. Amend Sec.  201.17 as follows:
0
a. In paragraph (a), remove ``Coypright'' and add in its place 
``Copyright'' and remove ``section 111(d)(2) of title 17 of the United 
States Code'' and add in its place ``17 U.S.C. 111(d)(1)''.
0
b. In paragraph (b)(1), remove ``Gross receipts for the'' and add in 
its place ``Gross receipts for the''.
0
c. In paragraph (b)(2), remove ``Sec.  201.17 of'' each place it 
appears and remove ``section, shall be'' and add in its place ``section 
shall be''.
0
d. In paragraph (b)(5), remove ``Section 111(f) of title 17 of the 
United States Code, as amended by Public Law 94-553, Public Law 103-
369, and Public Law 111-175'' and add in its place ``17 U.S.C. 111(f), 
as amended by Public Laws 94-553, 103-369, and 111-175''.
0
e. In paragraph (b)(7), remove ``translator station is,'' and add in 
its place ``translator station is''.
0
f. In paragraph (b)(9), remove ``FCC'', '' and add in its place 
``FCC,'' ''.
0
g. Revise paragraph (c)(1).
0
h. In paragraph (d)(1), remove the term ``U.S.'', and remove ``upon 
request. Requests may be mailed to the address specified in Sec.  
201.1'' and add in its place ``from the Copyright Office Web site''.
0
i. In paragraph (e)(5)(iii), add a period to the end of the sentence.
0
j. Revise paragraph (e)(7)
0
k. Revise paragraph (f)(3).
0
l. Remove paragraph (i)(1)(vi).
0
m. Revise paragraph (i)(3).
0
n. Remove paragraphs (i)(4) and (5).
0
o. Redesignate paragraphs (i)(6) through (10) as paragraphs (i)(4) 
through (8), respectively.
0
p. In paragraph (m)(2)(i), remove ``incomplete;'' and add in its place 
``incomplete; or''.
0
q. In paragraph (m)(2)(ii), remove ``low; or'' and add in its place 
``low.''.
0
r. Remove paragraph (m)(2)(iii).
0
s. In paragraph (m)(4)(i), remove the second sentence and add in its 
place ``Telephone or similar unsigned requests that meet these 
conditions may be permitted, where a follow-up written request 
detailing the same information is received by the Copyright Office 
within fourteen days after the required sixty-day period.''
0
t. Remove paragraph (m)(4)(iii)(C).
0
u. In paragraph (m)(4)(iv)(A), remove the phrase ``(except those filed 
under paragraph (m)(2)(iii) of this section)''.
0
v. In paragraph (m)(4)(iv)(B), remove the comma after the phrase ``this 
paragraph (m)''.
    The revisions read as follows:


Sec.  201.17  Statements of Account covering compulsory licenses for 
secondary transmissions by cable systems.

* * * * *
    (c) * * *
    (1) Statements of Account shall cover semiannual accounting periods 
of January 1 through June 30, and July 1 through December 31, and shall 
be deposited in the Copyright Office, together with the total royalty 
fee for such accounting periods as prescribed by 17 U.S.C. 111(d)(1)(B) 
through (F), by no later than the immediately following August 29, if 
the Statement of Account covers the January 1 through June 30 
accounting period, and by no later than the immediately following March 
1, if the Statement of Account covers the July 1 through December 31 
accounting period.
    (e) * * *
    (7) The designation ``Gross Receipts'', followed by the gross 
amount paid to the cable system by subscribers for the basic service of 
providing secondary transmissions of primary broadcast transmissions 
during the period covered by the Statement of Account.
    (i) If the cable system maintains its revenue accounts on an 
accrual basis, gross receipts for any accounting period includes all 
such amounts accrued for secondary transmission service furnished 
during that period, regardless of when accrued:
    (A) Less the amount of any bad debts actually written-off during 
that accounting period;
    (B) Plus the amount of any previously written-off bad debts for 
secondary transmission service which were actually recovered during 
that accounting period.
    (ii) If the cable system maintains its revenue accounts on a cash 
basis, gross receipts of any accounting period includes all such 
amounts actually received by the cable system during that accounting 
period.
* * * * *
    (f) * * *
    (3) In computing the DSE of a primary transmitter in a particular 
case of carriage on or after July 1, 1981, the cable system may make no 
prorated adjustments other than those specified in 17 U.S.C. 
111(f)(5)(B), and which remain in force under that provision. Two 
prorated adjustments, as prescribed in that section, are permitted 
under certain conditions where:
    (i) A station is carried on a part-time basis where full-time 
carriage is not possible because the cable system lacks the activated 
channel capacity to retransmit on a full-time basis all signals which 
it is authorized to carry; and
    (ii) A station is carried on a ``substitute'' basis under rules, 
regulations, or authorizations of the FCC in effect on October 19, 1976 
(as defined in 17 U.S.C. 111(f)(5)(B)(ii)), which permitted a cable 
system, at its election, to omit the retransmission of a particular 
program and substitute another program in its place.
* * * * *
    (i) * * *
    (3) It shall be presumed that the 3.75% rate of 37 CFR 308.2(c) 
applies to DSEs accruing from newly added distant signals, carried for 
the first time by a cable system after June 24, 1981. The presumption 
of this section can be rebutted in whole or in part:
    (i) By actual carriage of a particular distant signal prior to June 
25, 1981, as reported in Statements of Account duly filed with the 
Copyright Office (``actual carriage''), unless the prior carriage was 
not permitted by the FCC; or
    (ii) By carriage of no more than the number of distant signals 
which was or would have been allotted to the cable system under the 
FCC's quota for importation of network and

[[Page 67946]]

nonspecialty independent stations (47 CFR 76.59(b), 76.61 (b) and (c), 
and 76.63, referring to 76.61 (b) and (c), in effect on June 24, 1981).
* * * * *


Sec.  201.18  [Amended]

0
 19. Amend 201.18 as follows:
0
a. In paragraph (a)(2), remove ``his'' and add in its place ``the''.
0
b. In paragraph (a)(4) introductory text, remove ``subparagraphs (ii) 
and (iii)'' and add in its place ``paragraphs (a)(4)(ii) and (iii) of 
this section'', and in paragraphs (a)(4)(i) and (ii), remove ``that 
that'' and add in its place ``that'' each place it appears.
0
c. In paragraph (a)(5), remove the phrase ``copyright owner,'' and add 
in its place the phrase '' ``copyright owner,'' ''.
0
d. In paragraph (b), remove ``paragraph (a)(4)'' and add in its place 
``paragraph (a)(6)'', and remove ``Sec.  210.11(e)'' and add in its 
place ``Sec.  210.16(g)''.
0
e. In paragraph (f)(3), remove the phrase ``filed by being'' from the 
fourth sentence.
0
f. In paragraph (f)(4), remove ``paragraph (a)(4)'' and add in its 
place ``paragraph (b)'' each place it appears.


Sec.  201.22  [Amended]

0
20. Amend Sec.  201.22 as follows:
0
a. In paragraphs (a)(1) and (c)(1)(i), remove ``411(b)'' and add in its 
place ``411(c)''.
0
b. In paragraph (d)(3), remove ``a telegram'' and add in its place ``an 
email, fax,''.
0
c. In paragraph (e)(1), remove ``411(b)(1)'' and add in its place 
``411(c)(1)''.
0
d. In paragraph (e)(2)(iii), remove ``Telegram, cablegram,'' and add in 
its place ``Email, fax,''.


Sec.  201.23  [Amended]

0
21. Amend Sec.  201.23 as follows:
0
a. In paragraph (a), remove ``, as amended by Pub. L. 94-553, 90 Stat. 
2541, effective January 1, 1978'' and remove the phrase ``, as amended 
by Pub. L. 94-553''.
0
b. In paragraph (b), remove ``Provided, That:'' and add in its place 
``provided that:''.
0
c. In paragraphs (b)(1) through (3), remove the phrase ``, as amended 
by Pub. L. 94-553'' wherever it appears.


Sec.  201.25  [Amended]

0
22. Amend Sec.  201.25 as follows:
0
a. In paragraph (c)(1), remove ``Regulatory'' from the first sentence 
and add in its place ``Registry''.
0
b. In paragraph (e), remove ``record'' from the second sentence and add 
in its place ``recordation''.


Sec.  201.26  [Amended]

0
23. Amend Sec.  201.26 as follows:
0
a. In paragraph (b), remove ``Definitions-''and add in its place 
``Definitions. ''.
0
b. In paragraph (d), remove ``Documents-'' and add in its place 
``documents. ''.
0
c. Remove paragraph (d)(4).
0
d. In paragraph (f), remove ``record'' from the second sentence and add 
in its place ``recordation''.


Sec.  201.27  [Amended]

0
24. Amend Sec.  201.27(b)(3) by removing the comma following the term 
``cassette''.


Sec.  201.28  [Amended]

0
25. Amend Sec.  201.28 as follows:
0
a. In paragraph (c)(3), remove the third and fourth sentences.
0
b. In paragraph (d)(1), remove ``from the Licensing Division, Library 
of Congress'' and add in its place ``free from the Copyright Office Web 
site'', remove ``Forms and other information may be requested from the 
Licensing Division by facsimile transmission (FAX), but copies'' and 
add in its place ``Copies'' and remove ``FAX'' and add in its place 
``fax''.
0
c. In paragraph (e)(5), remove ``facsimile (FAX)'' and add in its place 
``fax''.
0
d. In paragraph (j)(3)(i), remove the third sentence and add in its 
place ``Telephone or similar unsigned requests that meet these 
conditions may be permitted, where a follow-up written request 
detailing the same information is received by the Copyright Office 
within 14 days after the required 60-day period.''.


Sec.  201.29  [Amended]

0
26. Amend Sec.  201.29 as follows:
0
a. In paragraph (e), remove the term ``5'' and add in its place the 
term ``five''.
0
b. In paragraph (h)(1), remove the parentheses from the around the 
phrase ``of the manufacturing party or importing party''.
0
c. In paragraph (h)(2), remove ``telefax'' and add in its place 
``fax''.
0
d. In paragraph (h)(6), remove the term ``(AHRA)''.


Sec.  201.31  [Removed and reserved]

0
27. Remove and reserve Sec.  201.31.
0
28. Amend Sec.  201.33 as follows:
0
a. In paragraph (a), remove ``automated database, which can be accessed 
over the Internet'' from the last sentence and add in its place ``Web 
site''.
0
b. In paragraph (b)(2)(iii), remove the phrase ``the new'' each place 
it appears.
0
c. In paragraph (b)(3)(iii)(A), remove ``United States'' and add in its 
place ``U.S.''.
0
d. In paragraph (d)(3)(ii)(G), remove ``Telefax number'' and add in its 
place ``Email address''.
0
e. In paragraph (e)(2)(i), remove ``Register of Copyrights'' and add in 
its place ``U.S. Copyright Office''.
0
f. In paragraph (e)(2)(ii), remove ``U.S.'' from each place it appears 
in the paragraph heading and the paragraph body, and remove ``Sec.  
201.1'' from the last sentence and add in its place ``Sec.  201.1(b)''.
0
g. In paragraph (e)(2)(iii), remove ``VISA, MasterCard and American 
Express'' from the first sentence and add in its place ``most major 
credit cards''.
0
h. Revise paragraph (f).
    The revision reads as follow:


Sec.  201.33  Procedures for filing Notices of Intent to Enforce a 
restored copyright under the Uruguay Round Agreements Act.

* * * * *
    (f) Public access. Notices of Intent to Enforce filed with the 
Copyright Office are available for public inspection and copying in the 
Records Research and Certification Section. Some of the information 
contained in these records is available on the Office's Web site, 
including the title of the work or a brief description if the work is 
untitled and the name of the copyright owner or owner of an exclusive 
right.
* * * * *


Appendix A   to Sec.  201.33 [Amended]

0
29. Amend Appendix A to Sec.  201.33 by removing ``Telefax'' from item 
13 and adding in its place ``Fax''.
0
30. Amend Sec.  201.34 as follows:
0
a. In paragraph (d)(3)(viii)(D), remove ``telefax'' and add in its 
place ``fax''.
0
b. In paragraph (e), italicize ``Fee--'' in the paragraph heading.
0
c. Revise paragraph (f).
    The revision reads as follows:


Sec.  201.34  Procedures for filing Correction Notices of Intent to 
Enforce a Copyright Restored under the Uruguay Rounds Agreement Act.

* * * * *
    (f) Public access. Correction Notices of Intent to Enforce filed 
with the Copyright Office are available for public inspection and 
copying in the Records Research and Certification Section.
* * * * *


Sec.  201.38   [Amended]

0
31. Amend Sec.  201.38 in paragraph (e) by removing ``Sec.  201.1'' 
from the first sentence and adding in its place ``Sec.  201.1(c)(3)'' 
and by removing the sentence ``If mailed, the Interim Designation 
should be addressed to: Copyright GC/I&R, PO Box 70400, Washington, DC 
20024.''.

[[Page 67947]]

Sec.  201.39  [Amended]

0
32. Amend Sec.  201.39 as follows:
0
a. In paragraph (g)(1), italicize the paragraph heading ``Method of 
filing.''.
0
b. In paragraph (g)(3)(i), remove ``Register of Copyrights'' and add in 
its place ``U.S. Copyright Office''.
0
c. In paragraph (g)(3)(ii), remove ``U.S.'' from each place it appears 
in the paragraph heading and the paragraph body and remove ``Sec.  
201.1'' and add in its place ``Sec.  201.1(b)''.

PART 202--PREREGISTRATION AND REGISTRATION OF CLAIMS TO COPYRIGHT

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

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


Sec.  202.2  [Amended]

0
34. Amend Sec.  202.2 as follows:
0
a. In paragraph (b)(2), remove ``his'' and add in its place ``the 
producer's''.
0
b. In paragraph (b)(5), remove ``his name'' and add in its place ``that 
person's name''.
0
c. Redesignate paragraphs (b)(6)(i) through (iii) as paragraphs 
(b)(6)(i)(A) through (C), respectively, redesignate the introductory 
text of paragraph (b)(6) as (b)(6)(i), and designate the undesignated 
text preceding paragraph (b)(7) as (b)(6)(ii).
0
d. In newly redesignated paragraph (b)(6)(i)(C), remove ``Provided, 
however, That'' and add in its place ``Provided, however, that'' and 
remove ``three foregoing types of cases'' and add in its place ``three 
types of cases described in paragraphs (b)(6)(i)(A) through (C) of this 
section''.


Sec.  202.3  [Amended]

0
35. Amend Sec.  202.3 as follows:
0
a. In paragraph (a)(1), remove the phrase ``, as amended by Public Law 
94-553''.
0
b. In paragraph (b)(1)(v), italicize the paragraph heading ``Class SE: 
Serials.''.
0
c. In paragraph (b)(2)(i)(A), remove '' [www.copyright.gov]'' and add 
in its place ``(www.copyright.gov)''.
0
d. In paragraph (b)(2)(i)(D), remove the phrase ``a remitter'' and add 
in its place the phrase ``an applicant''.
0
e. In paragraph (b)(2)(ii)(C), remove ``the type of authorship that 
predominates'' from the fourth sentence and add in its place ``the 
predominant type of authorship''.
0
f. In paragraph (b)(2)(ii)(D), remove '' [www.copyright.gov]'' and add 
in its place ``(www.copyright.gov)''.
0
g. In paragraph (b)(6)(v), remove ``under 408(c)(1) of title 17'' and 
add in its place ``under 17 U.S.C 408(c)(1)''.
0
h. In paragraph (b)(8)(i), remove the phrase ``, as amended by Public 
Law 94-553''.


Sec.  202.4  [Removed and reserved]

0
36. Remove and reserve Sec.  202.4.


Sec.  202.5  [Amended]

0
37. Amend Sec.  202.5 as follows:
0
a. In paragraph (a), remove the term ``hull''.
0
b. In paragraph (b)(2), remove ``Sec.  201.3(d)(3)(i)'' and add in its 
place ``Sec.  201.3(d)''.
0
c. In paragraph (b)(3), remove ``Registration Program written notice'' 
and add in its place ``written notice from the Registration Program'' 
and remove the term ``initial''.
0
d. In paragraph (c)(2), remove ``Sec.  201.3(d)(3)(ii)'' and add in its 
place ``Sec.  201.3(d)''.
0
e. In paragraph (d)(1), remove ``Sec.  201.1'' and add in its place 
``Sec.  201.1(c)(4)''.
0
f. In paragraph (e), remove ``wavier'' from the paragraph heading and 
add in its place ``waiver''.
0
38. Amend Sec.  202.12 as follows:
0
a. In paragraph (b)(1), italicize the terms ``restored work'' and 
``source country'', and remove the term ``the URAA'' and add in its 
place the phrase ``17 U.S.C. 104(A)(g)(6) and (8)''.
0
b. Revise paragraph (c)(1).
0
c. Remove paragraph (c)(2).
0
d. Redesignate paragraphs (c)(3) and (4) as paragraphs (c)(2) and (3), 
respectively.
0
e. In newly redesignated paragraph (c)(2)(ii)(A), remove ``Register of 
Copyrights'' and add in its place ``U.S. Copyright Office''.
0
f. In newly redesignated paragraph (c)(2)(ii)(B), remove ``U.S.'' from 
each place it appears in the paragraph heading and the paragraph body.
0
g. In newly redesignated paragraph (c)(2)(ii)(C), remove ``URAA'' and 
add in its place ``GATT'' and remove ``VISA, MasterCard, and American 
Express'' and add in its place ``most major credit cards''.
0
h. In newly redesignated paragraph (c)(3)(i), remove ``the amended 
section 104A'' and add in its place ``17 U.S.C. 104A'' and remove 
``paragraphs (c)(4) (ii)'' and add in its place ``paragraphs 
(c)(3)(ii)''.
0
i. In newly redesignated paragraph (c)(3)(iv), remove ``paragraph 
(c)(4)(i)'' and add in its place ``paragraph (c)(3)(i)''.
0
j. In newly redesignated paragraph (c)(3)(v), remove ``may seek an 
alternative deposit under special relief (37 CFR 202.20(d))'' and add 
in its place ``may submit an alternative deposit under a grant of 
special relief under Sec.  202.20(d)''.
0
k. In newly redesignated paragraph (c)(3)(vi), remove ``telefax'' and 
add in its place ``fax''.
0
l. In paragraph (d), remove ``copyrights'' and add in its place 
``works''.
    The revision reads as follows:


Sec.  202.12  Restored copyrights.

* * * * *
    (c) Registration--(1) Application. Applications for registration 
for single works restored to copyright protection under the URAA should 
be made on Form GATT. Copies of this form may be obtained from the 
Office's Web site or by contacting the Public Information Office at 
(202) 707-3000. Applicants should submit the completed application with 
the appropriate filing fee and deposit copies and materials required by 
paragraph (c)(3) of this section in the same package by mail.
* * * * *


Sec.  202.16  [Amended]

0
39. Amend Sec.  202.16 as follows:
0
a. In paragraph (a), remove ``Section 408(f) of 17 U.S.C.'' and add in 
its place ``17 U.S.C. 408(f).''.
0
b. Revise paragraph (c)(3).
0
c. In paragraph(c)(5)(ii)(A), italicize the paragraph heading 
``Copyright Office deposit account.''
0
d. In paragraph (c)(5)(ii)(B), italicize the paragraph heading ``Credit 
cards, debit cards and electronic funds transfer.''
0
e. In paragraph (c)(5)(ii)(C), italicize the paragraph heading ``No 
refunds.''
0
f. Revise paragraph (c)(6)(i) and paragraphs (c)(6)(iii) through (v).
0
h. In paragraph (c)(6)(vi), remove the last sentence and add in its 
place ``The description may also explain the general presentation 
(e.g., the lighting, background scenery, positioning of elements of the 
subject matter as it is seen in the photographs), and should provide 
any locations and events, if applicable, associated with the 
photographs.''
0
i. Revise paragraph (c)(10).
0
j. In paragraph (c)(11), remove ``Information and Records Division'' 
and add in its place ``Office of Public Information and Education''.
0
k. Revise paragraph (c)(12).
    The revisions read as follows:


Sec.  202.16  Preregistration of copyrights.

* * * * *
    (c) * * *
    (3) Application. An application for preregistration must be 
submitted electronically on the Copyright Office Web site at: http://www.copyright.gov.
* * * * *
    (6) * * *

[[Page 67948]]

    (i) For motion pictures, the identifying description should include 
the following information to the extent known at the time of filing: 
The subject matter, a summary or outline, the director, the primary 
actors, the principal location of filming, and any other information 
that would assist in identifying the particular work being 
preregistered.
* * * * *
    (iii) For musical compositions, the identifying description should 
include the following information to the extent known at the time of 
filing: The subject matter of the lyrics, if any; the genre of the work 
(e.g., classical, pop, musical comedy, soft rock, heavy metal, gospel, 
rap, hip-hop, blues, jazz); the performer, principal recording 
location, record label, motion picture, or other information relating 
to any sound recordings or motion pictures that are being prepared for 
commercial distribution and will include the musical composition; and 
any other detail or characteristic that may assist in identifying the 
particular musical composition.
    (iv) For literary works in book form, the identifying description 
should include to the extent known at the time of filing: The genre of 
the book (e.g., biography, novel, history, etc.), and should include a 
brief summary of the work including, the subject matter (e.g., a 
biography of President Bush, a history of the war in Iraq, a fantasy 
novel); a description (where applicable) of the plot, primary 
characters, events, or other key elements of the content of the work; 
and any other salient characteristics of the book (e.g., whether it is 
a later edition or revision of a previous work, as well as any other 
detail which may assist in identifying the literary work in book form).
    (v) For computer programs (including videogames), the identifying 
description should include to the extent known at the time of filing: 
The nature, purpose and function of the computer program, including the 
programming language in which it is written and any particular 
organization or structure in which the program has been created; the 
form in which it is expected to be published (e.g., as an online-only 
product; whether there have been previous versions and identification 
of such previous versions); the identities of persons involved in the 
creation of the computer program; and, if the work is a videogame, also 
the subject matter of the videogame and the overall object, goal, or 
purpose of the game, its characters, if any, and the general setting 
and surrounding found in the game.
* * * * *
    (10) Notification of preregistration. Upon completion of the 
preregistration, the Copyright Office will email an official 
notification of the preregistration to the person who submitted the 
application.
* * * * *
    (12) Public record of preregistration. The preregistration record 
also will be made available to the public on the Copyright Office Web 
site at: http://www.copyright.gov.
* * * * *


Sec.  202.17  [Amended]

0
40. Amend Sec.  202.17 as follows:
0
a. In paragraph (b)(1), remove ``[as'' and add in its place ``(as'' and 
remove ``(C)]'' and add in its place ``(C))''.
0
b. In paragraph (c)(2), remove ``409(11),'' and add in its place 
``409(10),''.
0
c. In the heading to paragraph (e), remove ``Section'' and add in its 
place ``section''.
0
d. In paragraph (e)(2), remove ``name[s]'' and add in its place 
``name(s)'' each place it appears, remove ``claimant[s]'' and add in 
its place ``claimant(s)'' each place it appears, and remove ``sixty-
seven year'' and add in its place ``67-year''.
0
e. In paragraph (e)(3), remove ``(b)(4)'' and add in its place 
``(b)(3)''.
0
f. In paragraph (f)(2), remove ``(f)(1)(i)'' and add in its place 
``(f)(1)''.
0
g. In paragraph (g)(1), remove ``U.S. Copyright Office homepage at 
http://www.copyright.gov'' from the second sentence and add in its 
place ``Copyright Office Web site at: http://www.copyright.gov'', 
remove ``Request.'' and add in its place ``request.'', and remove 
``Sec.  201.1'' and add in its place ``Sec.  201.1(b)''.
0
h. In paragraph (h)(3)(vii), remove ``[effective'' and add in its place 
``(effective'' and remove ``1988]'' and add in its place ``1988)''.
0
41. Amend Sec.  202.19 as follows:
0
a. In paragraph (a), remove ``, as amended by Public Law 94-553'' and 
remove ``of these regulations''.
0
b. Revise paragraph (b)(2).
0
c. In paragraph (b)(4), remove ``Sec.  202.19(c)(5) of this 
regulation'' and add in its place ``paragraph (c)(5) of this section''.
0
d. In paragraphs (c)(5) and (d)(2)(iii)(B), and (d)(2)(iv), remove ``of 
these regulations'' wherever it occurs.
0
e. Revise paragraph (d)(2)(iv).
0
f. In paragraph (d)(2)(vi), remove the comma after the term ``kits''.
0
g. In paragraph (e)(1)(iv), remove the phrase ``of these regulations''.
0
h. In paragraph (e)(3), remove ``for Registration Program'' and add in 
its place ``of Copyrights and Director of the Office of Registration 
Policy and Practice''.
0
i. In paragraph (f)(1), remove ``on the application'' and remove ``of 
these regulations''.
    The revisions read as follows:


Sec.  202.19  Deposit of published copies or phonorecords for the 
Library of Congress.

* * * * *
    (b) * * *
    (2) A complete copy includes all elements comprising the unit of 
publication of the best edition of the work, including elements that, 
if considered separately, would not be copyrightable subject matter or 
would otherwise be exempt from the mandatory deposit requirement under 
paragraph (c) of this section.
    (i) In the case of sound recordings, a ``complete'' phonorecord 
includes the phonorecord, together with any printed or other visually 
perceptible material published with such phonorecord (such as textual 
or pictorial matter appearing on record sleeves or album covers, or 
embodied in leaflets or booklets included in a sleeve, album, or other 
container).
    (ii) In the case of a musical composition published in copies only, 
or in both copies and phonorecords:
    (A) If the only publication of copies in the United States took 
place by the rental, lease, or lending of a full score and parts, a 
full score is a ``complete'' copy; and
    (B) If the only publication of copies in the United States took 
place by the rental, lease, or lending of a conductor's score and 
parts, a conductor's score is a ``complete'' copy.
    (iii) In the case of a motion picture, a copy is ``complete'' if 
the reproduction of all of the visual and aural elements comprising the 
copyrightable subject matter in the work is clean, undamaged, 
undeteriorated, and free of splices, and if the copy itself and its 
physical housing are free of any defects that would interfere with the 
performance of the work or that would cause mechanical, visual, or 
audible defects or distortions.
    (iv) In the case of an electronic work published in the United 
States and available only online, a copy is ``complete'' if it includes 
all elements constituting the work in its published form, i.e., the 
complete work as published, including metadata and formatting codes 
otherwise exempt from mandatory deposit.
* * * * *
    (d) * * *

[[Page 67949]]

    (2) * * *
    (iv) In any case where an individual author is the owner of 
copyright in a published pictorial or graphic work and:
    (A) Less than five copies of the work have been published; or
    (B) The work has been published and sold or offered for sale in a 
limited edition consisting of no more than three hundred numbered 
copies, the deposit of one complete copy of the best edition of the 
work or, alternatively, the deposit of photographs or other identifying 
material in compliance with Sec.  202.21, will suffice in lieu of the 
two copies required by paragraph (d)(1) of this section.
* * * * *
0
42. Amend Sec.  202.20 as follows:
0
a. In paragraph (a), remove ``, as amended by Public Law 94-553'' and 
remove ``of these regulations''.
0
b. In paragraph (b)(1), remove ``The'' and add in its place ``The''.
0
c. In paragraph (b)(2)(ii), remove ``(b)(2) (iv)'' and add in its place 
``(b)(2)(iv)''.
0
d. Revise paragraph (b)(2)(iii).
0
e. In paragraph (b)(2)(v), remove ``Sec.  202.19(b)(2) of these 
regulations;'' and add in its place ``Sec.  202.19(b)(2)(i).''.
0
f. In paragraph (b)(2)(vi)(B), remove the term ``copy;'' and add in its 
place the term ``copy.''.
0
g. In paragraph (b)(6), remove ``Sec.  202.20'' and add in its place 
``section'' and remove the term ``as''.
0
h. In paragraph (c)(2)(i)(G), remove ``(c)(2)(xi)(B)(5)'' and add in 
its place ``(c)(2)(xi)(B)''.
0
i. In paragraphs (c)(2)(ii), (c)(2)(iii)(B), (c)(2)(iv), and (c)(2)(v), 
remove the phrase ``of these regulations'' each place it appears.
0
j. In paragraph (c)(2)(vii)(A)(2), remove ``units, entire'' and add in 
its place ``units, the entire'' and remove ``proportinately'' and add 
in its place ``proportionately''.
0
k. In paragraphs (c)(2)(viii)(A) and (c)(2)(x), remove the phrase ``of 
these regulations'' each place it appears.
0
l. In paragraph (c)(2)(xi)(A), remove ``of these regulations'' and add 
in its place ``of this chapter''.
0
m. In paragraphs (c)(2)(xii) and (c)(2)(xiii), remove the phrase ``of 
these regulations'' each place it appears.
0
n. In paragraph (c)(2)(xvi), remove ``the deposit phonorecord'' and add 
in its place ``the phonorecord''.
0
o. In paragraph (c)(2)(xviii)(A), add footnote 6 after the first 
sentence, and designate the undesignated text after paragraph 
(c)(2)(xviii)(A)(4) as the text to footnote 6 with a superscript ``6'' 
preceding the text.
0
p. In paragraph (c)(2)(xviii)(B), remove the phrase ``of these 
regulations'' and add footnote 7 after the second sentence. Designate 
the undesignated text after paragraph (c)(2)(xviii)(B)(4) as the text 
to footnote 7 with a superscript ``7'' preceding the text.
0
q. In paragraphs (d)(1)(iv) and (d)(3), remove ``of these regulations'' 
each place it appears.
0
r. In paragraph (d)(3), remove ``for Registration Program of the 
Copyright Office'' and add in its place ``of Copyrights and Director of 
the Office of Registration Policy and Practice''.
0
s. In paragraph (e), remove ``section 407 of title 17 and Sec.  202.19 
of these regulations'' and add in its place ``17 U.S.C. 407 and Sec.  
202.19'', remove ``of claim'' and add in its place ``of a claim'', and 
remove the phrase ``on the application''.
    The revision reads as follows:


Sec.  202.20  Deposit of copies and phonorecords for copyright 
registration.

* * * * *
    (b) * * *
    (2) * * *
    (iii) Works submitted for registration in digital formats. A 
``complete'' electronically filed work is one which is embodied in a 
digital file which contains:
    (A) If the work is unpublished, all authorship elements for which 
registration is sought; and
    (B) If the work is published solely in an electronic format, all 
elements constituting the work in its published form, i.e., the 
complete work as published, including metadata and authorship for which 
registration is not sought. Publication in an electronic only format 
requires submission of the digital file(s) in exact first-publication 
form and content.
    (C) For works submitted electronically, any of the following file 
formats are acceptable for registration: PDF, TXT, WPD, DOC, TIF, SVG, 
JPG, XML, HTML, WAV, and MPEG family of formats, including MP3. This 
list of file formats is non-exhaustive and it may change, or be added 
to periodically. Changes will be noted in the list of acceptable 
formats on the Copyright Office Web site.
    (D) Contact with the registration applicant may be necessary if the 
Copyright Office cannot access, view, or examine the content of any 
particular digital file that has been submitted for the registration of 
a work. For purposes of 17 U.S.C. 410(d), a deposit has not been 
received in the Copyright Office until a copy that can be reviewed by 
the Office is received.
* * * * *


Sec.  202.21  [Amended]

0
43. Amend Sec.  202.21 as follows:
0
a. In paragraph (a), remove ``and to'' from the first sentence and add 
in its place ``and'' and remove the phrase ``of these regulations''.
0
b. In paragraph (g)(1)(i), remove ``and description'' and add in its 
place ``and a description''.
0
c. In paragraph (h), remove the phrase ``of these regulations''.


Sec.  202.22  [Amended]

0
44. Amend Sec.  202.22 in paragraph (f)(1)(i) by removing the phrase 
``not later than'' and adding in its place the phrase ``no later 
than''.


Sec.  202.23  [Amended]

0
45. Amend Sec.  202.23 as follows:
0
a. In paragraph (a)(1), remove ``708(a)(11)'' and add in its place 
``708(a)''.
0
b. In paragraph (b)(2), remove ``Chief, Information and Records 
Division of the Copyright Office,'' add in its place ``Director of the 
Office of Public Records and Repositories at the address specified in 
Sec.  201.1(b)(1) of this chapter,'', and remove ``(i)'' and ``(ii)''.
0
c. In paragraph (c)(2), remove the word ``of'' after ``Sec.  202.20''.
0
d. In paragraph (e)(1), remove ``708(a)(11)'' and add in its place 
``708(a)'' and add ``of this chapter'' after ``Sec.  201.3(d)''.
0
e. In paragraph (e)(2), add ``of this chapter'' after ``Sec.  
201.3(d)'' and remove ``Register of Copyrights'' and add in its place 
``U.S. Copyright Office''.


Sec.  202.24  [Amended]

0
46. Amend Sec.  202.24 as follows:
0
a. In paragraphs (a)(1), (c)(1), and (c)(2) by removing ``of these 
regulations''.
0
b. In paragraph (d)(1)(i) by removing ``section 407(d) of Title 17'' 
and adding in its place ``17 U.S.C. 407(d)''.


Appendix B to Part 202  [Amended]

0
47 Amend Appendix B to Part 202 as follows:
0
a. In the introductory text, designate the five undesignated paragraphs 
as a., b., c., d., and e., respectively.
0
b. In paragraph III.A., add a colon to the end of the term ``Film'' and 
add periods to the ends of paragraphs III.A.1. through III.A.4.
0
c. In paragraph III.B., add a colon to the end of the words ``Video 
Formats'' and add periods to the ends of paragraphs III.B.1. through 
III.B.4.
0
d. In paragraph VI.A.1., remove ``Vocal music:'' and add in its place 
``Vocal music:''.
0
e. In paragraph VI.A.1.a., remove ``accompaniment--'' and add in its 
place ``accompaniment:''.
0
f. In paragraph VI.A.2., remove ``Instrumental music:'' and add in its 
place ``Instrumental music:''.

[[Page 67950]]

0
g. In paragraph VIII.A., add a colon to the end of the word 
``Programs''.
0
h. In paragraph VIII.A.3., remove ``Format:'' and add in its place 
``Format:''.
0
i. In paragraph VIII.B.4., remove ``Format'' and add in its place 
``Format:''.
0
j. In paragraph IX.A., add a colon to the end of the word ``Serials''.
0
k. In paragraph IX.A.1., add a colon to the end of the word ``Format''.

PART 203--FREEDOM OF INFORMATION ACT: POLICIES AND PROCEDURES

0
48. The authority citation for part 203 continues to read as follows:

    Authority: 17 U.S.C. 702, 5 U.S.C. 552, as amended.

0
49. Revise Sec.  203.2 to read as follows:


Sec.  203.2  Authority and functions.

    The administration of the copyright law was entrusted to the 
Library of Congress by an act of Congress in 1870, and the Copyright 
Office has been a separate department of the Library since 1897. The 
statutory functions of the Copyright Office are contained in and 
carried out in accordance with the Copyright Act.
0
50. Amend Sec.  203.3 as follows:
0
a. Revise paragraphs (a) through (d).
0
b. Redesignate paragraphs (e) through (g) as paragraphs (i) through 
(k), respectively.
0
c. Add new paragraphs (e) through (g).
0
d. Revise paragraph (h).
0
e. In newly redesignated paragraph (j), remove ``Avenue, SE, 
Washington, DC'' and add in its place ``Avenue SE., Washington, DC''.
0
f. Add paragraph (l).
    The revisions and additions read as follows:


Sec.  203.3  Organization.

    (a) The Office of the Register of Copyrights has overall 
responsibility for the Copyright Office and its statutory mandate, 
specifically: For legal interpretation of the copyright law; 
administering the provisions of title 17 of the U.S.C.; promulgating 
copyright regulations; advising Congress and other government officials 
on domestic and international copyright policy and other intellectual 
property issues; determining personnel and other resource requirements 
for the Office; organizing strategic and annual program planning; and 
preparing budget estimates for inclusion in the budget of the Library 
of Congress and U.S. Government.
    (b) The Office of the Chief of Operations is headed by the Chief of 
Operations (``COO''), who advises the Register on core business 
functions and coordinates and directs the day-to-day operations of the 
Copyright Office. The Office of the COO supervises financial controls, 
budget, human capital, statutory royalty investments, mandatory 
deposits and acquisitions, contracts, and strategic planning functions. 
This Office interacts with every other senior management office that 
reports to the Register and frequently coordinates and assesses 
institutional projects. The COO chairs the Copyright Office's 
operations committee. The following divisions fall under the oversight 
of the COO:
    (1) The Receipt Analysis and Control Division is responsible for 
sorting, analyzing, and scanning incoming mail; creating initial 
records; labeling materials; and searching, assembling, and dispatching 
electronic and hardcopy materials and deposits to the appropriate 
service areas. The Division is responsible for operating the Copyright 
Office's central print room, mail functions, and temporary storage. The 
Division also processes all incoming fees and maintains accounts, 
related records, and reports involving fees received.
    (2) The Licensing Division administers certain statutory licenses 
set forth in the Copyright Act. The Division collects royalty payments 
and examines statements of account for the cable statutory license (17 
U.S.C. 111), the satellite statutory license for retransmission of 
distant television broadcast stations (17 U.S.C. 119), and the 
statutory license for digital audio recording technology (17 U.S.C. 
chapter 10). The Division also accepts and records documents associated 
with the use of the mechanical statutory license (17 U.S.C. 115).
    (3) The Copyright Acquisitions Division administers the mandatory 
deposit requirements of the Copyright Act, acting as an intermediary 
between copyright owners of certain published works and the 
acquisitions staff in the Library of Congress. 17 U.S.C. 407. This 
Office creates and updates records for the copies received by the 
Copyright Office; demands particular works or particular formats of 
works as necessary; and administers deposit agreements between the 
Library and copyright owners.
    (c) The Office of the General Counsel is headed by the General 
Counsel and Associate Register of Copyrights, who is an expert 
copyright attorney and one of four legal advisors to the Register. This 
Office assists the Register in carrying out critical work of the 
Copyright Office regarding the legal interpretation of the copyright 
law. The General Counsel liaises with the Department of Justice, other 
federal departments, and the legal community on a wide range of 
copyright matters including litigation and the administration of title 
17 of the U.S.C. The General Counsel also has primary responsibility 
for the formulation and promulgation of regulations and the adoption of 
legal positions governing policy matters and the practices of the 
Copyright Office.
    (d) The Office of Policy and International Affairs is headed by the 
Associate Register of Copyrights and Director of Policy and 
International Affairs, who is an expert copyright attorney and one of 
four legal advisors to the Register. This Office assists the Register 
with critical policy functions of the Copyright Office, including 
domestic and international policy analyses, legislative support, and 
trade negotiations. Policy and International Affairs represents the 
Copyright Office at meetings of government officials concerned with the 
international aspects of intellectual property protection, and provides 
regular support to Congress and its committees on statutory amendments 
and construction.
    (e) The Office of Registration Policy and Practice is headed by the 
Associate Register of Copyrights and Director of Registration Policy 
and Practice, who is an expert copyright attorney and one of four legal 
advisors to the Register. This Office administers the U.S. copyright 
registration system and advises the Register of Copyrights on questions 
of registration policy and related regulations and interpretations of 
copyright law. This Office has three divisions: Literary, Performing 
Arts, and Visual Arts. It also has a number of specialized sections, 
for example, in the area of motion pictures. This Office executes major 
sections of the Compendium of Copyright Office Practices, particularly 
with respect to the examination of claims and related principles of 
law.
    (f) The Office of Public Information and Education is headed by the 
Associate Register for Public Information and Education, who is an 
expert copyright attorney and one of four legal advisors to the 
Register. This Office informs and helps carry out the work of the 
Register and the Copyright Office in providing authoritative 
information about the copyright law to the public and establishing 
educational programs. The Office publishes the copyright law and other 
provisions of title 17 of the U.S.C.; maintains a robust and accurate 
public Web site; creates and distributes a variety of circulars, 
information sheets, and newsletters, including NewsNet; responds to 
public

[[Page 67951]]

inquiries regarding provisions of the law, explaining registration 
policies, procedures, and other copyright-related topics upon request; 
plans and executes a variety of educational activities; and engages in 
outreach with various copyright community stakeholders.
    (g) The Office of Public Records and Repositories is headed by the 
Director, who is an expert in public administration and one of the 
Register's top business advisors. This Office is responsible for 
carrying out major provisions of title 17 of the U.S.C., including 
establishing records policies; ensuring the storage and security of 
copyright deposits, both analog and digital; recording licenses and 
transfers of copyright ownership; preserving, maintaining, and 
servicing copyright-related records; researching and providing 
certified and non-certified reproductions of copyright deposits; and 
maintaining the official records of the Copyright Office. Additionally, 
the Office engages regularly in discussions with leaders in the private 
and public sectors regarding issues of metadata, interoperability, data 
management, and open government.
    (h) The Office of the Chief Information Officer is headed by the 
Chief Information Officer (``CIO''), who is the Register's top advisor 
on the development and implementation of technology policy and 
infrastructure. The Office of the CIO provides strategic leadership and 
direction for necessary planning, design, development, and 
implementation of the Copyright Office's automated initiatives. The 
Office of the CIO is a liaison to the central technology office of the 
Library of Congress, which administers the Copyright Office's networks 
and communications. The CIO also supervises the Copyright Technology 
Office. The Copyright Technology Office maintains certain Copyright 
Office enterprise-wide IT systems for registration, recordation, public 
records management and access, and related public services, as well as 
certain internal and external help-desk functions.
* * * * *
    (l) The U.S. Copyright Office makes certain documents and records 
available to the public in electronic format pursuant to 5 U.S.C. 
552(a)(2). Copyright Office records in machine-readable form cataloged 
from January 1, 1978, to the present, including information regarding 
registrations and recorded documents, are available on the Office's Web 
site. Frequently requested Copyright Office circulars, announcements, 
recently proposed regulations, as well as final regulations are also 
available on the Office's Web site. The address for the Office's Web 
site is www.copyright.gov.


Sec.  203.4  [Amended]

0
51. Amend Sec.  203.4 as follows:
0
a. In paragraph (c), remove ``Avenue, SE'' and add in its place 
``Avenue SE.''.
0
b. In paragraph (d), remove from the second sentence ``, Information 
and Publications Section, Information and Reference Division, Copyright 
Office, Library of Congress, Washington, DC 20559-6000,'' and add in 
its place ``at the address specified in Sec.  201.1(c)(1) of this 
chapter'', remove ``Avenue, SE,'' and add in its place ``Avenue SE.,'' 
and remove in the last sentence ``Office response'' and add in its 
place ``Office's response''.
0
c. Revise paragraphs (f) and (g).
0
d. In paragraph (i)(2), remove ``ten (10)'' and add in its place 
``10''.
    The revisions read as follows:


Sec.  203.4  Methods of operation.

* * * * *
    (f) The Office will respond to all properly marked mailed requests 
and all personally delivered written requests for records within 20 
working days of receipt by the Supervisory Copyright Information 
Specialist. If it is determined that an extension of time greater than 
10 working days is necessary to respond to a request due to unusual 
circumstances, as defined in paragraph (h) of this section, the 
Supervisory Copyright Information Specialist shall so notify the 
requester and give the requester the opportunity to:
    (1) Limit the scope of the request so that it may be processed 
within 20 working days, or
    (2) Arrange with the Office an alternative time frame for 
processing the request or a modified request.
    (g) If a request is denied, the written notification will include 
the basis for the denial, names of all individuals who participated in 
the determination, and procedures available to appeal the 
determination. If a requester wishes to appeal a denial of some or all 
of his or her request for information, he or she must make an appeal in 
writing within 30 calendar days of the date of the Office's denial. The 
request should be directed to the General Counsel of the United States 
Copyright Office at the address specified in Sec.  201.1(c)(1) of this 
chapter. The appeal should be clearly labeled ``Freedom of Information 
Act Appeal.'' The appeal shall include a statement explaining the basis 
for the appeal. Determinations of appeals will be set forth in writing 
and signed by the General Counsel or his or her delegate within 20 
working days. If, on appeal, the denial is upheld in whole or in part, 
the written determination will include the basis for the appeal denial 
and will also contain a notification of the provisions for judicial 
review and the names of the persons who participated in the 
determination.
* * * * *


Sec.  203.6  [Amended]

0
52. Amend Sec.  203.6 as follows:
0
a. In paragraph (a), remove ``themseleves'' from the last sentence and 
add in its place ``themselves''.
0
b. In paragraph (e),
0
1. Form the first sentence, remove ``amoun t'' and add in its place 
``amount'', remove ``praticable'' and add in its place ``practicable'', 
remove ``his willingness'' and add in its place ``a willingness'',
0
2. From the last sentence, remove ``offer him'' and add in its place 
``offer the requester'', remove ``his request'' and add in its place 
``the request'', and remove the ``his needs'' and add in its place 
``the requester's needs''.

PART 204--PRIVACY ACT: POLICIES AND PROCEDURES

0
53. The authority citation continues to read as follows:

    Authority: 17 U.S.C. 702, 5 U.S.C. 552(a).


Sec.  204.4  [Amended]

0
54. Amend Sec.  204.4 as follows:
0
a. In paragraph (a), remove ``Copyright Information Section, Copyright 
GC/I&R, P.O. Box 70400,, Washington, DC 20024'' and add in its place 
``U.S. Copyright Office, P.O. Box 70400, Washington, DC 20024-0400''.
0
b. In paragraph (b), remove ``Office'' and add in its place 
``Office's''.
0
c. In paragraph (d), remove ``Records'' and add in its place 
``records''.


Sec.  204.5  [Amended]

0
55. Amend Sec.  204.5 as follows:
0
a. In paragraph (a), remove ``Copyright Information Section, Copyright 
GC/I&R'' and add in its place ``U.S. Copyright Office'', remove 
``20024'' and add in its place ``20024-0400'', and remove the phrase 
``Avenue, SE'' and add in its place the phrase ``Avenue SE.''.
0
b. In paragraph (b), remove ``Office'' and add in its place 
``Office's''.


Sec.  204.7  [Amended]

0
56. Amend Sec.  204.7 as follows:
0
a. In paragraph (a), remove ``Copyright Information Section, Copyright 
GC/I&R'' and add in its place ``U.S. Copyright Office'', remove 
``20024'' and add in its place ``20024-0400'' and remove

[[Page 67952]]

``Avenue, SE'' and add in its place ``Avenue SE.''.
0
b. In paragraph (b), remove ``for Office response'' and add in its 
place ``for the Office's response'', remove ``section 408(d) of Public 
Law 94-553'' and add in its place ``17 U.S.C. 408(d)'' and remove ``, 
the Office response'' and add in its place ``, the Office's response''.
0
57. Revise Sec.  204.8 to read as follows:


Sec.  204.8  Appeal of refusal to correct or amend an individual's 
record.

    (a) An individual who disagrees with a refusal of the Copyright 
Office to amend his or her record may request a review of the denial. 
The individual should submit a written appeal to the General Counsel of 
the United States Copyright Office at the address specified in Sec.  
201.1(c)(1) of this chapter. Appeals, and the envelopes containing 
them, should be plainly marked ``Privacy Act Appeal.'' Failure to so 
mark the appeal may delay the General Counsel's response. An appeal 
should contain a copy of the request for amendment or correction and a 
copy of the record alleged to be untimely, inaccurate, incomplete, or 
irrelevant.
    (b) The General Counsel will issue a written decision granting or 
denying the appeal within 30 working days after receipt of the appeal 
unless, after showing good cause, the General Counsel extends the 30-
day period. If the appeal is granted, the requested amendment or 
correction will be made promptly. If the appeal is denied, in whole or 
in part, the General Counsel's decision will set forth reasons for the 
denial. Additionally, the decision will advise the requester that he or 
she has the right to file with the Copyright Office a concise statement 
of his or her reasons for disagreeing with the refusal to amend the 
record and that such statement will be attached to the requester's 
record and included in any future disclosure of such record. If the 
requester is dissatisfied with the agency's final determination, the 
individual may bring a civil action against the Office in the 
appropriate United States district court.

PART 205--LEGAL PROCESSES

0
58. The authority citation for part 205 continues to read as follows:

    Authority: 17 U.S.C. 702.

0
59. Revise Sec.  205.1 to read as follows:


Sec.  205.1  Definitions.

    For the purpose of this part:
    Demand means an order, subpoena or any other request for documents 
or testimony for use in a legal proceeding.
    Document means any record or paper held by the Copyright Office, 
including, without limitation, official letters, deposits, 
recordations, registrations, publications, or other material submitted 
in connection with a claim for registration of a copyrighted work.
    Employee means any current or former officer or employee of the 
Copyright Office, as well as any individual subject to the 
jurisdiction, supervision, or control of the Copyright Office.
    General Counsel, unless otherwise specified, means the General 
Counsel and Associate Register of Copyrights or his or her designee.
    Legal proceeding means any pretrial, trial, and post-trial stages 
of existing or reasonably anticipated judicial or administrative 
actions, hearings, investigations, or similar proceedings before 
courts, commissions, boards or other tribunals, foreign or domestic. 
This phrase includes all phases of discovery as well as responses to 
formal or informal requests by attorneys or others involved in legal 
proceedings. This phrase also includes state court proceedings 
(including grand jury proceedings) and any other state or local 
legislative and administrative proceedings.
    Office means the Copyright Office, including any division, section, 
or operating unit within the Copyright Office.
    Official business means the authorized business of the Copyright 
Office.
    Testimony means a statement in any form, including a personal 
appearance before a court or other legal tribunal, an interview, a 
deposition, an affidavit or declaration under penalty of perjury 
pursuant to 28 U.S.C. 1746, a telephonic, televised, or videotaped 
statement or any response given during discovery or similar proceeding, 
which response would involve more than the production of documents, 
including a declaration under 35 U.S.C. 25 or a declaration under 
penalty of perjury pursuant to 28 U.S.C. 1746.
    United States means the Federal Government, its departments and 
agencies, individuals acting on behalf of the Federal Government, and 
parties to the extent they are represented by the United States.


Sec.  205.2  [Amended]

0
60. Amend Sec.  205.2 as follows:
0
a. In paragraph (a), remove ``, Copyright GC/I&R, P.O. Box 70400, 
Washington, DC 20024-0400'' and add in its place ``at the address 
specified in Sec.  201.1(c)(1) of this chapter''.
0
b. In paragraph (b), remove the comma after ``Avenue''.


Sec. Sec.  205.6 through 205.10  [Reserved]

0
61. Add and reserve Sec. Sec.  205.6 through 205.10 to subpart A.


Sec.  205.11  [Amended]

0
62. Amend Sec.  205.11 in paragraph (a) by removing ``Office response'' 
from the fourth sentence and adding in its place ``the Office's 
response''.


Sec.  205.13  [Amended]

0
63. Amend Sec.  205.13 by removing ``, GC/I&R, P.O. Box 70400, 
Washington, DC 20024-0400'' and adding in its place ``at the address 
specified in Sec.  201.1(c)(1) of this chapter'' and by removing the 
comma after ``Avenue''.


Sec. Sec.  205.14 through 205.20  [Reserved]

0
64. Add and reserve Sec. Sec.  205.14 through 205.20 to subpart B.


Sec.  205.22  [Amended]

0
65. Amend Sec.  205.22 as follows:
0
a. In paragraph (a)(2), remove ``(e.g., 37 CFR, Chapter II; Compendium 
II, Compendium of Copyright Office Practices'' and add in its place 
``(e.g., 37 CFR, Chapter II; Compendium of U.S. Copyright Office 
Practices, Third Edition'', and remove ``Copyright General Counsel'' 
and add in its place ``General Counsel of the Copyright Office''.
0
b. In paragraph (b), remove ``Counsel, no'' and add in its place 
``Counsel of the Copyright Office, no'' and remove ``Copyright General 
Counsel'' and add in its place ``General Counsel of the Copyright 
Office''.
0
c. In paragraph (c), remove ``Copyright Office General Counsel'' and 
add in its place ``General Counsel of the Copyright Office'' and remove 
``Copyright General Counsel'' and add in its place ``General Counsel''.
0
d. In paragraph (f), remove the colon from the end of the paragraph 
heading, add in its place a period, and wrap up the next paragraph 
(f)(1).


Sec.  205.23  [Amended]

0
66. Amend Sec.  205.23 as follows:
0
a. Redesignate paragraph (b)(4) as paragraph (c).
0
b. In newly redesignated paragraph (c), remove ``these limitations'' 
and add in its place ``the limitations set forth in paragraph (b) of 
this section'' and remove ``of this part''.

[[Page 67953]]

PART 210--COMPULSORY LICENSE FOR MAKING AND DISTRIBUTING PHYSICAL 
AND DIGITAL PHONORECORDS FOR NONDRAMATIC MUSICAL WORKS

0
67. The authority citation for part 210 continues to read as follows:

    Authority: 17 U.S.C. 115, 702.


Sec.  210.15  [Amended]

0
68. Amend Sec.  210.15 introductory text by removing the term 
``Permanently'' and adding in its place the term ``permanently''.


Sec.  210.17  [Amended]

0
69. Amend Sec.  210.17 as follows:
0
a. In paragraph (d)(3)(ix), remove ``Compact'' and add in its place 
``compact'' and remove ``Limited'' and add in its place ``limited''.
0
b. In paragraph (h), remove ``6'' from the second sentence and add in 
its place ``six''.

PART 211--MASK WORK PROTECTION

0
70. The authority citation for part 211 is revised to read as follows:

    Authority: 17 U.S.C. 702, 908.


Sec.  211.1  [Amended]

0
71. Amend Sec.  211.1 in paragraph (a), by removing ``shall be 
addressed to: Library of Congress, Department MW, Washington, DC 
20540'' and adding in its place ``should be sent to the address 
specified in Sec.  201.1(b) of this chapter''.
0
73. Amend Sec.  211.4 by revising paragraph (b)(1), the introductory 
text of paragraph (d), and paragraph (d)(2) to read as follows:


Sec.  211.4  Registration of claims of protection in mask works.

* * * * *
    (b) * * *
    (1) For purposes of registration of mask work claims, the Register 
of Copyrights has designated ``Form MW'' to be used for all 
applications. Copies of the form are available free from the Copyright 
Office Web site or upon request to the Copyright Information Section, 
U.S. Copyright Office, Library of Congress, Washington, DC 20559-6000.
* * * * *
    (d) Registration as a single work. Subject to the exception 
specified in paragraph (c)(2) of this section, for purposes of 
registration on a single application and upon payment of a single fee, 
the following shall be considered a single work:
* * * * *
    (2) In the case of a mask work that has been commercially 
exploited: All original mask work elements fixed in a semiconductor 
chip product at the time that product was first commercially exploited 
and in which the owner or owners of the mask work is or are the same.
* * * * *
0
74. Amend Sec.  211.5 as follows:
0
a. In paragraph (b), remove ``of these regulations'' and in paragraph 
(b)(2)(i), remove the space between ``(b)(1)'' and ``(i)''.
0
b. Revise paragraphs (c)(1) and (2).
0
c. In paragraph (d), remove ``granted.,'' and add in its place 
``granted.'' and remove ``for Registration Program, Library of 
Congress, Copyright Office--RPO, 101 Independence Avenue, SE, 
Washington, DC 20559-6200,'' and add in its place ``of Copyrights and 
Director of Registration Policy and Practice, P.O. Box 70400, 
Washington, DC 20024-0400,''.


Sec.  211.5  Deposit of identifying material.

* * * * *
    (c) * * *
    (1) Mask works commercially exploited. For commercially exploited 
mask works no more than two layers of each five or more layers in the 
work. In lieu of the visually perceptible representations required 
under paragraph (b)(1) of this section, identifying portions of the 
withheld material must be submitted. For these purposes, ``identifying 
portions'' shall mean:
    (i) A printout of the mask work design data pertaining to each 
withheld layer, reproduced in microform; or
    (ii) Visually perceptible representations in accordance with 
paragraph (b)(1)(i), (ii), or (iii) of this section with those portions 
containing sensitive information maintained under a claim of trade 
secrecy blocked out, provided that the portions remaining are greater 
than those which are blocked out.
    (2) Mask work not commercially exploited. (i) For mask works not 
commercially exploited falling under paragraph (b)(2)(i) of this 
section, any layer may be withheld. In lieu of the visually perceptible 
representations required under paragraph (b)(2) of this section, 
``identifying portions'' shall mean:
    (A) A printout of the mask work design data pertaining to each 
withheld layer, reproduced in microform, in which sensitive information 
maintained under a claim of trade secrecy has been blocked out or 
stripped; or
    (B) Visually perceptible representations in accordance with 
paragraph (b)(2)(i) of this section with those portions containing 
sensitive information maintained under a claim of trade secrecy blocked 
out, provided that the portions remaining are greater than those which 
are blocked out.
    (ii) The identifying portions shall be accompanied by a single 
photograph of the top or other visible layers of the mask work fixed in 
a semiconductor chip product in which the sensitive information 
maintained under a claim of trade secrecy has been blocked out, 
provided that the blocked out portions do not exceed the remaining 
portions.
* * * * *

PART 212--PROTECTION OF VESSEL DESIGNS

0
75. The authority citation for part 212 continues to read as follows:

    Authority: 17 U.S.C. chapter 13.

0
76. Revise the part heading as set forth above.
0
77. In part 212 remove the terms ``hull'' and ``hulls'' each place they 
appear.


Sec.  212.1  [Amended]

0
78. Amend Sec.  212.1 by removing ``vessel'' and adding in its place 
``vessels''.


Sec.  212.2  [Amended]

0
79. Amend Sec.  212.2 by removing ``vessel'' and adding in its place 
``vessels''.


Sec.  212.3  [Amended]

0
80. Amend Sec.  212.3 in paragraph (h) introductory text by removing 
``6'' and adding in its place ``six''.


Sec.  212.4  [Amended]

0
81. In paragraph (a)(2), add ``hull'' after ``vessel''.


Sec.  212.5  [Amended]

0
82. Amend Sec.  212.5 as follows:
0
a. In paragraphs (a) through (c), remove ``of a vessel'' and add in its 
place ``of a vessel design''.
0
b. In paragraph (d), remove ``to: Dept. D-VH, Vessel Hull Registration, 
P.O. Box 71380, Washington, DC 20024-1380'' and add in its place ``to 
the address specified in Sec.  201.1(b)(2) of this chapter''.


Sec.  212.6  [Amended]

0
83. Amend Sec.  212.6 by removing ``design protection of vessel'' and 
adding in its place ``the protection of vessel designs''.


Sec.  212.8  [Amended]

0
84. Amend Sec.  212.8 as follows:
0
a. In paragraph (c)(1)(iv), remove ``designers of the vessel'' and add 
in its place ``designers of the vessel design''.

[[Page 67954]]

0
b. In paragraph (c)(2), remove ``he'' and add in its place ``the'' and 
remove the comma after ``Avenue''.

PARTS 253, 255, 258, 260-263, and 270--[REMOVED AND RESERVED]

0
85. Remove and reserve parts 253, 255, 258, 260, 261, 262, 263, and 
270.

    Dated: August 23, 2016.
Sarang V. Damle,
General Counsel and Associate Register of Copyrights, U.S. Copyright 
Office.
[FR Doc. 2016-20495 Filed 9-30-16; 8:45 am]
 BILLING CODE 1410-30-P



                                                 67940                  Federal Register / Vol. 81, No. 191 / Monday, October 3, 2016 / Proposed Rules

                                                 aircraft over a certain size, and whether               click the link to ‘‘Open Docket Folder’’              LIBRARY OF CONGRESS
                                                 to amend the definition of ‘‘service                    and choose the document to review. If
                                                 animals’’ that may accompany                            you do not have access to the Internet,               U.S. Copyright Office
                                                 passengers with a disability on a flight.               you may view the docket online by
                                                 We expect to negotiate and vote on                      visiting the Docket Management Facility               37 CFR Parts 201, 202, 203, 204, 205,
                                                 proposals to amend the Department’s                     in Room W12–140 on the ground floor                   210, 211, 212, 253, 255, 258, 260, 261,
                                                 disability regulation regarding one or                  of the DOT West Building, 1200 New                    262, 263, and 270
                                                 more of these issues. Prior to the                      Jersey Avenue SE., Washington, DC                     [Docket No. 2016–5]
                                                 meeting, the agenda will be available on                20590, between 9 a.m. and 5 p.m., E.T.,
                                                 the ACCESS Advisory Committee’s Web                                                                           Copyright Office Technical
                                                                                                         Monday through Friday, except Federal
                                                 site, www.transportation.gov/access-                                                                          Amendments
                                                                                                         holidays.
                                                 advisory-committee. Information on
                                                 how to access advisory committee                        IV. ACCESS Advisory Committee                         AGENCY: U.S. Copyright Office, Library
                                                 documents via the FDMC is contained                     Charter                                               of Congress.
                                                 in Section III, below.                                                                                        ACTION: Notice of proposed rulemaking.
                                                    The meeting will be open to the                        The ACCESS Advisory Committee is
                                                 public. Attendance will be limited by                   established by charter in accordance                  SUMMARY:   The U.S. Copyright Office is
                                                 the size of the meeting room (maximum                   with the Federal Advisory Committee                   proposing to amend its regulations
                                                 150 attendees). Because space is limited,               Act (FACA), 5 U.S.C. App. 2. Secretary                governing registration, recordation,
                                                 we ask that any member of the public                    of Transportation Anthony Foxx                        licensing, and other services that the
                                                 who plans to attend the meeting notify                                                                        Office provides. The amendments will
                                                                                                         approved the ACCESS Advisory
                                                 the registration contact, Kyle Ilgenfritz                                                                     improve the quality of the Office’s
                                                                                                         Committee charter on April 6, 2016. The
                                                 (kilgenfritz@linkvisum.com; 703–442–                                                                          regulations by updating cross-references
                                                                                                         committee’s charter sets forth policies               to the Copyright Act and the Office’s
                                                 4575 extension 128) at Linkvisum, no                    for the operation of the advisory
                                                 later than October 5, 2016. At the                                                                            regulations, replacing outdated
                                                                                                         committee and is available on the                     terminology, reflecting structural
                                                 discretion of the facilitator and the
                                                                                                         Department’s Web site at                              changes to the Office and its senior
                                                 Committee and time permitting,
                                                                                                         www.transportation.gov/office-general-                management, eliminating expired or
                                                 members of the public are invited to
                                                                                                         counsel/negotiated-regulations/charter.               obsolete provisions, and correcting
                                                 contribute to the discussion and provide
                                                 oral comments.                                          V. Privacy Act                                        nonsubstantive errors. While these
                                                                                                                                                               amendments are intended to be
                                                 II. Submitting Written Comments                           In accordance with 5 U.S.C. 553(c),                 technical in nature, out of an abundance
                                                    Members of the public may submit                     DOT solicits comments from the public                 of caution, the Office is publishing the
                                                 written comments on the topics to be                    to better inform its rulemaking process.              proposed regulations for public
                                                 considered during the meeting by                        DOT posts these comments, without                     comment.
                                                 October 6, 2016, to FDMC, Docket                        edit, including any personal information              DATES: Written comments must be
                                                 Number DOT–OST–2015–0246. You                           the commenter provides, to                            received no later than 11:59 p.m.
                                                 may submit your comments and                            www.regulations.gov, as described in                  Eastern Time on November 2, 2016.
                                                 material online or by fax, mail, or hand                the system of records notice (DOT/ALL–                ADDRESSES: The Copyright Office is
                                                 delivery, but please use only one of                    14 FDMS), which can be reviewed at                    using the regulations.gov system for the
                                                 these means. DOT recommends that you                    www.dot.gov/privacy.                                  submission and posting of public
                                                 include your name and a mailing                                                                               comments in this proceeding. All
                                                 address, an email address, or a phone                   VI. Federal Advisory Committee Act                    comments are therefore to be submitted
                                                 number in the body of your document                                                                           electronically through regulations.gov.
                                                 so that DOT can contact you if there are                  Notice of this meeting is being
                                                                                                         provided in accordance with the Federal               Specific instructions for submitting
                                                 questions regarding your submission.                                                                          comments are available on the
                                                    To submit your comment online, go to                 Advisory Committee Act and the
                                                                                                         General Services Administration                       Copyright Office Web site at http://
                                                 http://www.regulations.gov, put the
                                                                                                         regulations covering management of                    copyright.gov/rulemaking/
                                                 docket number, DOT–OST–2015–0246,
                                                                                                                                                               2016technicalamendments/index.html.
                                                 in the keyword box, and click ‘‘Search.’’               Federal advisory committees. See 41
                                                                                                                                                               If electronic submission of comments is
                                                 When the new screen appears, click on                   CFR part 102–3.
                                                                                                                                                               not feasible, please contact the Office
                                                 the ‘‘Comment Now!’’ button and type                      Issued under the authority of delegation in         using the contact information below for
                                                 your comment into the text box on the                   49 CFR 1.27(n).                                       special instructions.
                                                 following screen. Choose whether you
                                                                                                           Dated: September 27, 2016.                          FOR FURTHER INFORMATION CONTACT:
                                                 are submitting your comment as an
                                                 individual or on behalf of a third party                Molly J. Moran,                                       Sarang V. Damle, General Counsel and
                                                 and then submit. If you submit your                     Acting General Counsel.                               Associate Register of Copyrights, sdam@
                                                 comments by mail or hand delivery,                      [FR Doc. 2016–23834 Filed 9–30–16; 8:45 am]
                                                                                                                                                               loc.gov; Regan A. Smith, Associate
                                                 submit them in an unbound format, no                                                                          General Counsel, resm@loc.gov; or Erik
                                                                                                         BILLING CODE 4910–9X–P
                                                 larger than 81⁄2 by 11 inches, suitable for                                                                   Bertin, Deputy Director of Registration
                                                 copying and electronic filing.                                                                                Policy and Practice, ebertin@loc.gov.
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                                                                                                                                                               Each person can be reached by
                                                 III. Viewing Comments and Documents                                                                           telephone at 202–707–8040.
                                                    To view comments and any                                                                                   SUPPLEMENTARY INFORMATION: The U.S.
                                                 documents mentioned in this preamble                                                                          Copyright Office (the ‘‘Office’’) is
                                                 as being available in the docket, go to                                                                       proposing to make a series of technical
                                                 www.regulations.gov. Enter the docket                                                                         amendments (the proposed ‘‘Rule’’) that
                                                 number, DOT–OST–2015–0246, in the                                                                             address certain inconsistencies and
                                                 keyword box, and click ‘‘Search.’’ Next,                                                                      inaccuracies in parts 201, 202, 203, 204,


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                                                                        Federal Register / Vol. 81, No. 191 / Monday, October 3, 2016 / Proposed Rules                                                    67941

                                                 205, 210, 211, 212 and subchapter B of                  Additionally, when referring to the                   Regulations. By way of example, the
                                                 title 37 of the Code of Federal                         Office’s Web site, the proposed rule                  proposed rule corrects a cross-reference
                                                 Regulations. Specifically, the proposed                 replaces the term ‘‘homepage’’ with the               relating to the deposit requirements for
                                                 rule makes technical changes to                         term ‘‘Web site.’’                                    certain sculptural works to make clear
                                                 regulations governing registration,                        In the interest of consistency, the                the Office’s practice of allowing
                                                 recordation, and licensing. These                       proposed rule also removes the initials               applicants, under certain circumstances,
                                                 changes include the removal of expired                  ‘‘U.S.’’ from certain provisions that refer           to submit a single copy of a board game
                                                 or obsolete provisions that no longer                   to the ‘‘U.S. Copyright Office.’’ Finally,            (rather than two copies) instead of a
                                                 serve any purpose, such as regulations                  the proposed rule clarifies that checks,              photograph, as set forth in 37 CFR
                                                 issued under the now-defunct Copyright                  money orders, or other fees submitted to              202.20(c)(2)(i)(G) and (c)(2)(xi)(B).
                                                 Arbitration Royalty Panel system. It also               the Office should be made payable to                  V. Updated Terminology
                                                 proposes technical changes to the                       the ‘‘U.S. Copyright Office,’’ rather than
                                                 regulations for submitting requests                     the ‘‘Register of Copyrights.’’ See, e.g.,               The proposed rule reflects a number
                                                 under the Freedom of Information Act                    37 CFR 201.6, 201.33(e)(2)(i),                        of changes in terminology. These
                                                 and the Privacy Act, the procedures for                 201.39(g)(3)(i).                                      changes replace outdated terms that are
                                                 serving legal process on the Office, and                                                                      no longer used by the Office, but they
                                                 the regulations governing the Office’s                  II. Compendium of U.S. Copyright                      do not represent a substantive change in
                                                 general operations.                                     Office Practices                                      policy. For example, the Office now
                                                    While the amendments are self-                          The Compendium of U.S. Copyright                   uses the term ‘‘applicant’’ when
                                                 explanatory, for convenience, the Office                Office Practices, Third Edition,                      referring to a person who submits an
                                                 has summarized them in seven                            published in December 2014, is the                    application for registration, and uses the
                                                 categories below.                                       administrative manual of the Register of              term ‘‘remitter’’ when referring to a
                                                                                                         Copyrights concerning the statutory                   person who submits a document for
                                                 I. Reorganization of the U.S. Copyright                                                                       recordation. The proposed rule adds
                                                 Office                                                  duties of the Copyright Office under
                                                                                                         title 17 of the United States Code. It                these terms where they are missing from
                                                    The Register of Copyrights has                       serves as both a technical manual for the             the regulations. The proposed rule also
                                                 reorganized the administrative divisions                Office’s staff and a guidebook for                    replaces the term ‘‘certificate of record’’
                                                 of the Office in the last few years. The                authors, copyright licensees,                         with ‘‘certificate of recordation,’’
                                                 Register appointed a Chief Information                  practitioners, scholars, the courts, and              ‘‘Visual Arts Regulatory Statements’’
                                                 Officer (‘‘CIO’’) to serve as her primary               members of the general public.1 The                   with ‘‘Visual Arts Registry Statements,’’
                                                 advisor on information technology, and                  proposed rule clarifies the means for                 ‘‘vessel hulls’’ with ‘‘vessel designs,’’
                                                 a Director of the Copyright Technology                  viewing and obtaining copies of the                   and ‘‘restored works’’ to ‘‘restored
                                                 Office, who supervises the day-to-day                   Third Edition, as well as prior editions              copyright.’’ It also removes references to
                                                 maintenance of the Office’s registration                of the Compendium, set forth in 37 CFR                information provided ‘‘on the
                                                 and recordation systems.                                201.2(b)(7).                                          application’’ for deposit accounts and
                                                    The Register also divided the former                                                                       the term ‘‘preregistration.’’ Finally, the
                                                 Information and Records Division into                   III. Grammatical Amendments                           proposed rule updates the name of Form
                                                 the Office of Public Records and                           The proposed rule corrects errors in               SC from ‘‘Statement of Account for
                                                 Repositories (‘‘PRR’’) and Office of                    spelling, capitalization, punctuation,                Secondary Transmissions by Satellite
                                                 Public Information and Education                        spacing, and numbering, and addresses                 Carriers to Home Viewers’’ in
                                                 (‘‘PIE’’). PRR, headed by an expert in                  inconsistencies in the use of                         § 201.11(d)(2) to ‘‘Statement of Account
                                                 public administration, includes the                     abbreviations, symbols, time periods,                 for Secondary Transmissions by
                                                 Recordation Section, the Records                        and italics. For example, the proposed                Satellite Carriers of Distant Television
                                                 Management Section, and the Records                     rule revises 37 CFR 201.4 to reflect that             Signals.’’
                                                 Research and Certification Section. PIE                 registrations issued under the 1909 Act
                                                 is headed by an Associate Register of                                                                         VI. Improved Readability and Style
                                                                                                         may contain a prefix consisting of one
                                                 Copyrights and includes the                             or two letters (e.g., E, EU, F, G, K, etc.)             Consistent with the Office’s
                                                 Publications Section and the Copyright                  as opposed to ‘‘a two- or three-letter                longstanding policy,2 the proposed rule
                                                 Information Section.                                    prefix,’’ and corrects the word ‘‘or’’ to             replaces gender-specific references with
                                                    The proposed rule reflects these                     ‘‘of’’ in the definition of ‘‘official                gender-neutral references. The proposed
                                                 developments by updating § 203.3 by                     certification.’’                                      rule also improves readability by
                                                 providing titles of the Office’s senior                                                                       renumbering certain provisions, by
                                                 management and updated descriptions                     IV. Updated Citations and Cross-                      rewriting awkward phrases or
                                                 for each division within the Office,                    References to the Copyright Act and the               paragraphs, and by deleting redundant
                                                 including the Office of the Register, the               Code of Federal Regulations                           provisions that repeat what is stated
                                                 Office of the General Counsel, the Office                 The proposed rule adopts the                        elsewhere in the same provision. For
                                                 of Policy and International Affairs, the                appropriate format for citing or cross-               example, the Office’s regulations
                                                 Office of Registration Policy and                       referencing other provisions of the Code              governing Freedom of Information Act
                                                 Practice, the Office of Public Records                  of Federal Regulations, as recommended                policies in § 203.4(f) and (g) were
                                                 and Repositories, the Office of Public                  by the Federal Register Document                      rewritten without substantive change to
                                                 Information and Education, the Office of                Drafting Handbook. It also reserves                   improve readability. In all cases, these
rmajette on DSK2TPTVN1PROD with PROPOSALS




                                                 the Chief Information Officer, and the                  §§ 201.15, 205.6 through 205.10, and                  changes are intended to clarify the
                                                 Office of the Chief of Operations (which                205.14 through 205.20 for future use.
                                                 includes the Receipt Analysis and                         In addition, the proposed rule revises                2 Arthur Levine, Memories of Barbara Ringer,

                                                 Control Division, the Copyright                         erroneous cross-references to the                     Copyright Notices, Apr. 2009, at 3, 6 (noting that
                                                 Acquisitions Division, and the                                                                                Congress used male and female pronouns in the
                                                                                                         Copyright Act and the Code of Federal                 Copyright Act of 1976 at the request of Register of
                                                 Licensing Division). It also provides                                                                         Copyrights Barbara Ringer), available at http://
                                                 updated mailing addresses as set forth                    1 See The Compendium of U.S. Copyright Office       www.copyright.gov/docs/barabara-ringer-special-
                                                 in 37 CFR 201.1(b)(2) and (c).                          Practices, 79 FR 78911 (Dec. 31, 2014).               edition-2009-04.pdf.



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                                                 67942                  Federal Register / Vol. 81, No. 191 / Monday, October 3, 2016 / Proposed Rules

                                                 existing regulations, but do not                        URAA) 7 and describes the correct                     Accordingly, the Office is removing
                                                 represent a substantive change in                       procedure for registering a restored                  obsolete CARP regulations, while
                                                 policy.                                                 work.                                                 retaining parts 254 and 256 which
                                                                                                            Recordation of Notices of Intent to                contain information related to coin-
                                                 VII. Expired or Obsolete Provisions
                                                                                                         Enforce a Restored Work Under the                     operated phonorecord players and the
                                                    The Office has identified a number of                URAA. The proposed rule clarifies 37                  cable compulsory license, respectively.
                                                 provisions that have expired or have                    CFR 201.33 and 201.34, which explain                  However, the Office notes that these
                                                 become obsolete. Because these                          that a list of parties that filed a Notice            legacy rates and regulations will remain
                                                 provisions no longer serve any purpose,                 of Intent to Enforce 8 a restored work                accessible via past editions of the Code
                                                 the Office is removing them from its                    under the URAA is available on the                    of Federal Regulations for any who may
                                                 regulations.                                            Office’s Web site, by removing outdated               have need to consult them. In addition,
                                                    Effective Date of Registration for                   instructions for logging onto the Office’s            legacy regulations are available on the
                                                 Registrations Issued in 1991. The                       Web site or for obtaining access to these             Government Publishing Office’s Federal
                                                 Copyright Fees and Technical                            records through terminals located in the              Digital System (‘‘FDsys’’) at
                                                 Amendments Act of 1989 increased the                    Office and reflecting reliance upon                   www.gpo.gov/fdsys.
                                                 filing fee for registering a claim to                   email addresses rather than ‘‘telefax                    Statements of Account covering
                                                 copyright from $10 to $20.3 The                         number[s].’’                                          compulsory licenses for secondary
                                                 proposed rule eliminates a provision in                    Recordation of Voluntary Agreements                transmissions by cable systems. The
                                                 § 202.4 establishing a procedure for                    Between Copyright Owners and Public                   Office is removing the portions of
                                                 assigning an effective date of                          Broadcasters. In accordance with                      § 201.17(i) that relate to filings covering
                                                 registration for claims received between                statutory changes that removed the prior              the accounting periods in 1983 that
                                                 January 3, 1991 and December 31, 1991                   section 118(b)(2) from the Copyright                  were affected by the 1982 cable rate
                                                 that were submitted with an insufficient                Act,9 and gave the Copyright Royalty                  adjustment,14 as the Office does not
                                                 filing fee, as these dates have passed.                 Judges rather than the Register of                    expect to receive any additional filings
                                                    Registration of Mask Works. The                      Copyrights authority over the statutory               covering these accounting periods.
                                                 proposed rule removes language in                       license in section 118,10 the Office is               Similarly, the Office is removing
                                                 § 211.4(b)(1) specifying that January 7,                removing the obsolete regulatory                      § 201.17(m)(2)(iii), which applies only
                                                 1985 will be the effective date of                      provision at 37 CFR 201.9 relating to                 to statements for the 1978–1 accounting
                                                 registration for applications to register               recordation of voluntary agreements                   period, along with certain other
                                                 mask works received before that date 4                  between copyright owners and public                   references to pre-1978 activities in
                                                 because any such applications have                      broadcasting entities 11 from the                     201.17(e) and (f).
                                                                                                         regulations.                                             Verification of a Statement of
                                                 been processed by now.
                                                                                                            IBM–PC Compatible Disks for                        Account for secondary transmissions
                                                    Recordation of Statements of Intent to                                                                     made by cable systems and satellite
                                                 Enforce Filed Under the North                           Recording Documents Pertaining to
                                                                                                         Computer Shareware. The Office is                     carriers. Effective November 18, 2014,
                                                 American Free Trade Agreement.                                                                                the Office implemented § 201.16, which
                                                 Because the deadline for filing a                       updating its administrative procedure in
                                                                                                         37 CFR 201.26(d)(4)for recording                      sets forth procedures by which a
                                                 ‘‘Statement of Intent’’ to reclaim                                                                            copyright owner may audit a statement
                                                 copyright protection for certain motion                 documents pertaining to computer
                                                                                                         shareware to no longer indicate that                  of account filed with the Office under
                                                 pictures fixed or published in Canada or                                                                      17 U.S.C. 111(d)(1) or 119(b)(1).15 This
                                                 Mexico that fell into the public domain                 they be submitted on both paper and
                                                                                                         diskette; they will now be accepted                   regulation includes a provision
                                                 in the United States due to a lack of a                                                                       outlining a procedure in the event the
                                                 copyright notice under NAFTA expired                    without a diskette. The Office has
                                                                                                         recorded less than two dozen shareware                Office received a notice of intent to
                                                 on December 31, 1994,5 and because the                                                                        audit a statement of account prior to the
                                                 provision that authorized the Office to                 documents since the final rule was
                                                                                                         adopted.                                              effective date of the section. See 37 CFR
                                                 record these types of statements has                                                                          201.16(c)(7). Because the Office did not
                                                 been removed from the statute, the                         Copyright Arbitration Royalty Panel
                                                                                                         Rules and Procedures. Subchapter B                    in fact receive any notice of intent to
                                                 proposed rule removes the                                                                                     audit prior to the effective date of the
                                                 corresponding provision at 37 CFR                       contains various regulations relating to
                                                                                                         the former Copyright Arbitration                      section, that provision is now obsolete
                                                 201.31 from the regulations.6                                                                                 and may be removed.
                                                    Registration of Restored Works. The                  Royalty Panel or ‘‘CARP,’’ including
                                                                                                                                                                  Statements of Account for digital
                                                 proposed rule removes outdated                          legacy royalty rates for past accounting
                                                                                                                                                               audio recording devices or media.
                                                 language in § 201.31 related to a                       periods, which certain regulations were
                                                                                                                                                               Section 201.28(c)(3) includes provisions
                                                 procedure for registering foreign works                 phased out by the Copyright Royalty
                                                                                                                                                               that solely concern Statements of
                                                 that were restored to copyright                         and Distribution Reform Act of 2004.12
                                                                                                                                                               Account filed for the period covering
                                                 protection under section 104A of the                    The successor entity to the CARP, the
                                                                                                                                                               October 28, 1992 through the end of the
                                                 Copyright Act (as amended by the                        Copyright Royalty Board, has issued its
                                                                                                                                                               first accounting year for importers/
                                                                                                         own set of rules and procedures.13
                                                                                                                                                               manufacturers of digital audio recording
                                                   3 Public Law 101–318, 104 Stat. 287, 287 (1990).        7 See Restoration of Certain Berne Works and
                                                                                                                                                               devices. Because the Office does not
                                                   4 See Mask Work Protection; Implementation of
                                                                                                         WTO Works, 60 FR 50414 (Sept. 29, 1995); 17           expect to receive any additional filings
                                                 the Semiconductor Chip Protection Act of 1984, 50
                                                                                                         U.S.C. 104A(e).                                       covering this accounting period, the
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                                                 FR 263 (Jan. 3, 1985); Mask Work Protection;
                                                 Implementation of the Semiconductor Chip
                                                                                                           8 17 U.S.C. 104A(e).
                                                                                                                                                               Office is removing this language.
                                                                                                           9 Public Law 106–44, 113 Stat. 221, 222 (1999).
                                                 Protection Act of 1984, 50 FR 26714 (June 28, 1985).
                                                   5 See Public Law 103–182, 107 Stat. 2057, 2115          10 Public Law 108–419, 118 Stat. 2341, 2365–67        14 See Adjustment of the Royalty Rate for Cable

                                                 (codified as 17 U.S.C. 104A (1993)); Public Law         (2004).                                               Systems; Federal Communications Commission’s
                                                                                                           11 See Filing of Agreements Between Copyright
                                                 103–465, 108 Stat. 4809, 4976–81 (1994).                                                                      Deregulation of the Cable Industry, 47 FR 52146
                                                   6 See Procedures for Copyright Restoration of         Owners and Public Broadcasting Entities, 42 FR        (Nov. 19, 1982).
                                                 Certain Motion Pictures and their Contents in           16776 (Mar. 30, 1977).                                  15 See Verification of Statements of Account
                                                                                                           12 See Public Law 108–419, 118 Stat. 2341 (2004).
                                                 Accordance With the North American Free Trade                                                                 Submitted by Cable Operators and Satellite Carriers,
                                                 Agreement, 59 FR 58789 (Nov. 15, 1994).                   13 See 37 CFR ch. III.                              79 FR 68623 (Nov. 18, 2014).



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                                                                        Federal Register / Vol. 81, No. 191 / Monday, October 3, 2016 / Proposed Rules                                              67943

                                                    Forms on Copyright Office Web site.                  37 CFR Part 255                                       ■  c. In paragraph (b)(3)(i)(C), remove
                                                 The proposed rule updates § 201.28 to                       Copyright, Music, Recordings.                     ‘‘the remitter’’ and add in its place ‘‘the
                                                 reflect that forms relating to various                                                                        applicant or remitter’’.
                                                 statutory licenses are available on the                 37 CFR Part 258                                       ■ d. Redesignate the introductory text of
                                                 Copyright Office Web site and removes                       Copyright, Satellite, Rates.                      paragraph (b)(4) as paragraph (b)(4)(i),
                                                 references addressing requests by mail                                                                        redesignate paragraphs (b)(4)(i) and (ii)
                                                 or facsimile.                                           37 CFR Parts 260 through 263                          as paragraphs (b)(4)(i)(A) and (B), and
                                                    Telegrams and Cablegrams. The                           Copyright, Digital audio                           designate the undesignated text
                                                 existing regulations in §§ 201.13 and                   transmissions, Performance right, Sound               preceding paragraph (b)(5) as paragraph
                                                 201.22 allow copyright owners to serve                  recordings.                                           (b)(4)(ii).
                                                 certain types of notices required under                                                                       ■ e. In newly redesignated paragraph
                                                 sections 110(4)(B)(iii) 16 and 411(c) 17 by             37 CFR Part 270                                       (b)(4)(i), remove the phrase ‘‘that were
                                                 telegram or cablegram. The proposed                         Copyright, Sound recordings.                      submitted within the twelve month
                                                 rule updates these regulations to remove                                                                      period immediately preceding the
                                                                                                         Proposed Regulations                                  request for access’’.
                                                 references to these obsolete forms of
                                                 communication and instead allow for                       For the reasons set forth in the                    ■ f. In newly redesignated paragraph
                                                 service of notices by email or fax.                     preamble, the U.S. Copyright Office                   (b)(4)(ii), remove ‘‘Copyright
                                                    Inspection of U.S. Copyright Office                  proposes amending 37 CFR parts 201,                   Information’’ and add in its place
                                                 Records. The proposed rule removes                      202, 203, 204, 205, 210, 211, 212, 253,               ‘‘Records Research and Certification’’.
                                                 § 201.2(b)(4)’s requirement that requests               255, 258, 260, 261, 262, 263, and 270 as              ■ g. Revise paragraph (b)(7).
                                                 to inspect a pending application,                       follows:                                              ■ h. In paragraph (d)(1)(iv), remove
                                                 deposit for a pending application,18 or                                                                       ‘‘Certifications’’ and add in its place
                                                 a document submitted for recordation19                  PART 201—GENERAL PROVISIONS                           ‘‘Certification’’.
                                                 be limited to materials submitted within                                                                         The revision reads as follows:
                                                                                                         ■ 1. Revise the authority citation for part
                                                 twelve months prior to the request,                     201 to read as follows:                               § 201.2    Information given by the Copyright
                                                 given that the processing time for a                                                                          Office.
                                                 paper application may be longer than                        Authority: 17 U.S.C. 702.
                                                                                                                                                               *      *     *    *     *
                                                 that in some cases.                                     § 201.1   [Amended]                                      (b) * * *
                                                    Refunds. The proposed rule removes                                                                            (7) The Register of Copyrights has
                                                                                                         ■  2. Amend § 201.1 as follows:
                                                 the reference to postage stamps in 37                                                                         issued an administrative manual known
                                                                                                         ■  a. In paragraph (a), remove ‘‘on-site
                                                 CFR 201.6(c)(1) because in practice, the                                                                      as the Compendium of U.S. Copyright
                                                                                                         deliveries from commercial and private
                                                 Office has never used this method of                                                                          Office Practices, Third Edition. The
                                                                                                         couriers’’ and add in its place ‘‘direct
                                                 payment in issuing refunds.                                                                                   Compendium explains many of the
                                                                                                         deliveries from commercial couriers and
                                                 List of Subjects                                        messengers’’.                                         practices and procedures concerning the
                                                                                                         ■ b. In paragraph (b)(2), remove                      Office’s mandate and statutory duties
                                                 37 CFR Part 201                                         ‘‘20559’’ and add in its place ‘‘20559–               under title 17 of the United States Code.
                                                    Copyright, General provisions.                       6000’’, remove the term ‘‘Hull’’ from the             It is both a technical manual for the
                                                                                                         ‘‘Type of submission’’ column of the                  Copyright Office’s staff, as well as a
                                                 37 CFR Part 202
                                                                                                         table, and remove the term ‘‘AD’’ from                guidebook for authors, copyright
                                                   Copyright, Preregistration and                        the ‘‘Code’’ column of the table and add              licensees, practitioners, scholars, the
                                                 registration of claims to copyright.                    in its place the term ‘‘CAD/AD’’.                     courts, and members of the general
                                                 37 CFR Part 203                                         ■ c. In paragraph (c)(1), remove                      public. The Third Edition and prior
                                                                                                         ‘‘Information and Records Division’’ and              editions of the Compendium may be
                                                    Freedom of information.                              add in its place ‘‘Office of Public                   viewed, downloaded, or printed from
                                                 37 CFR Part 204                                         Information and Education’’.                          the Office’s Web site. They are also
                                                                                                         ■ d. In paragraph (c)(2), remove                      available for public inspection and
                                                    Privacy.                                             ‘‘Sections’’ and add in its place                     copying in the Records Research and
                                                 37 CFR Part 205                                         ‘‘sections’’.                                         Certification Section.
                                                                                                         ■ e. In paragraph (c)(4), remove ‘‘hull’’             *      *     *    *     *
                                                    Legal processes.                                     and add in its place ‘‘design’’.
                                                 37 CFR Part 210                                         ■ f. In paragraph (c)(5), remove                      § 201.3    [Amended]
                                                                                                         ‘‘Records Research and Certification,’’               ■  4. Amend § 201.3 as follows:
                                                    Copyright, Phonorecords, Recordings.                 and add in its place ‘‘Records Research               ■  a. In paragraph (c)(3), remove
                                                 37 CFR Part 211                                         and Certification Section,’’.                         ‘‘predominately’’ and add in its place
                                                                                                         ■ g. In paragraphs (c)(6) and (c)(7),                 ‘‘predominantly’’.
                                                    Mask work.
                                                                                                         remove ‘‘Section’’ and add in its place               ■ b. In paragraph (c)(9), remove the
                                                 37 CFR Part 212                                         ‘‘section’’.                                          period from the end of the first line and
                                                                                                         ■ h. In paragraph (c)(7), remove ‘‘Ave.’’             add in its place a colon and remove
                                                    Design, Vessel hulls, Registration.
                                                                                                         and add in its place ‘‘Avenue’’.                      ‘‘$130’’ and add in its place ‘‘130’’.
                                                 37 CFR Part 253                                         ■ 3. Amend § 201.2 as follows:                        ■ c. In paragraph (c)(11), remove ‘‘hull’’
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                                                                                                         ■ a. In paragraph (b)(1), remove                      and add in its place ‘‘design’’.
                                                   Copyright, Public broadcasting
                                                 entities, Radio, Television.                            ‘‘Certifications and Documents Section’’              ■ d. In the heading of paragraph (d),
                                                                                                         and add in its place ‘‘Records Research               remove ‘‘Service Fees’’ and add in its
                                                   16 17
                                                                                                         and Certification Section’’.                          place ‘‘service fees’’.
                                                         U.S.C. 110(4)(B)(ii) and (iii).
                                                   17 17                                                 ■ b. In paragraph (b)(3) introductory                 ■ e. In paragraph (d)(6), remove the
                                                         U.S.C. 411(c)(1).
                                                   18 37 CFR 201.2(b)(4)(i).                             text, remove ‘‘Information and Records                period from the end of the term
                                                   19 See Office Organization and Procedures in          Division’’ and add in its place ‘‘Office              ‘‘Variable’’ in the ‘‘Fees ($)’’ column of
                                                 Providing Information, 50 FR 30169 (July 24, 1985).     of Public Information and Education’’.                the table.


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                                                 67944                  Federal Register / Vol. 81, No. 191 / Monday, October 3, 2016 / Proposed Rules

                                                 ■  f. In table heading of paragraph (e),                § 201.8    [Amended]                                  ■  m. In paragraph (f)(1) introductory
                                                 remove ‘‘division’’ and add in its place                ■  9. Amend § 201.8 as follows:                       text, remove ‘‘paragraph (2) of this
                                                 ‘‘Division’’.                                           ■  a. In paragraphs (c)(1) introductory               paragraph (f)’’ and add in its place
                                                                                                         text paragraph and (c)(1)(i), remove                  ‘‘paragraph (f)(2) of this section’’.
                                                 § 201.4   [Amended]
                                                                                                         ‘‘claimant’’ and add in its place                     ■ n. In paragraph (f)(1)(ii), remove
                                                 ■  5. Amend § 201.4 as follows:                         ‘‘applicant’’ each place it appears.                  ‘‘first-class’’ and add in its place ‘‘first
                                                 ■  a. In the introductory text of                       ■ b. In paragraph (d), remove                         class’’.
                                                 paragraph (a)(1), remove ‘‘, as amended                 ‘‘certificate or registration’’ and add in            ■ o. In paragraph (f)(3), remove ‘‘record’’
                                                 by Public Law 94–553’’.                                 its place ‘‘certificate of registration’’.
                                                 ■ b. In paragraph (a)(2), remove ‘‘, as
                                                                                                                                                               and add in its place ‘‘recordation’’.
                                                                                                         ■ c. In paragraphs (f)(2) and (3), remove             ■ p. In paragraph (f)(4), remove ‘‘section
                                                 amended by Public Law 94–553’’.
                                                 ■ c. In paragraph (a)(3)(ii), remove ‘‘or’’
                                                                                                         ‘‘mail’’ and add in its place ‘‘Mail’’.               203(a)(3) or section 304(c)(3), as
                                                                                                         ■ d. In paragraph (g), remove ‘‘one of the            applicable, of title 17, United States
                                                 and add in its place ‘‘of’’.
                                                 ■ d. In paragraph (c)(4)(ii)(D)(4), remove
                                                                                                         addresses specified in § 201.1’’ and add              Code’’ and add in its place ‘‘17 U.S.C.
                                                 ‘‘a two- or three-letter’’ and add in its               in its place ‘‘the address specified in               203(a)(3) or 304(c)(3), whichever
                                                 place ‘‘a one-, two-, or three-letter’’.                § 201.1(c)(1)’’.                                      applies’’ and remove ‘‘§ 201.4(c)(3)’’ and
                                                 ■ e. In paragraph (c)(4)(iii), add a period             § 201.9    [Removed and reserved]
                                                                                                                                                               add in its place ‘‘§ 201.4’’.
                                                 after ‘‘Public Catalog’’ and remove ‘‘and                                                                     ■ q. In paragraph (f)(7), remove
                                                                                                         ■   10. Remove and reserve § 201.9.                   ‘‘§ 201.1’’ and add in its place
                                                 the remitter’’ and add in its place ‘‘The
                                                 remitter’’.                                             § 201.10    [Amended]                                 ‘‘§ 201.1(c)(2)’’.
                                                 ■ f. In paragraph (e), remove ‘‘record’’
                                                                                                         ■  11. Amend § 201.10 as follows:                     § 201.11   [Amended]
                                                 and add in its place ‘‘recordation’’.                   ■  a. In the introductory text, remove
                                                                                                                                                               ■  12. Amend § 201.11 as follows:
                                                 § 201.5   [Amended]                                     ‘‘sections 203, 304(c) and 304(d) of title
                                                                                                         17, of the United States Code’’ and add               ■  a. In paragraph (a), remove ‘‘section
                                                 ■ 6. Amend § 201.5 as follows:                                                                                119(b)(1) and Section 122(a) of title 17
                                                 ■ a. In paragraphs (a)(1) introductory                  in its place ‘‘17 U.S.C. 203, 304(c), and
                                                                                                         304(d)’’.                                             of the United States Code, as amended
                                                 text, (a)(1)(i)(A) and (a)(1)(ii), remove ‘‘,                                                                 by Public Law 111–175’’ and add in its
                                                 as amended by Public Law 94–553’’.                      ■ b. In paragraphs (b)(1) introductory
                                                                                                         text, remove ‘‘sections 304(c) and 304(d)             place ‘‘17 U.S.C. 119(b)(1), as amended
                                                 ■ b. In paragraph (b)(2)(i), remove the
                                                                                                         of title 17, U.S.C.,’’ and add in its place           by Public Law 111–175’’, remove ‘‘that’’
                                                 semicolon from the end and add in its                                                                         and add in its place ‘‘for’’, and add the
                                                 place a period.                                         ‘‘17 U.S.C. 304(c) and 304(d)’’.
                                                                                                         ■ c. In paragraph (b)(1)(vii)(B), remove
                                                                                                                                                               term ‘‘to’’ after the phrase ‘‘private home
                                                 ■ c. In paragraph (b)(2)(iii)(B), remove ‘‘;
                                                                                                         ‘‘section 304 of title 17, U.S.C.,’’ and              viewing’’.
                                                 and’’ and add in its place a period.
                                                                                                         add in its place ‘‘17 U.S.C. 304’’.                   ■ b. In paragraph (b)(1), remove ‘‘and’’
                                                 § 201.6   [Amended]                                     ■ d. In paragraph (b)(2) introductory                 and add in its place ‘‘and’’, remove
                                                 ■  7. Amend § 201.6 as follows:                         text, remove ‘‘section 203 of title 17,               ‘‘Section 119(d) of title 17 of the United
                                                 ■  a. In paragraph (a), remove ‘‘Register               U.S.C.,’’ and add in its place ’’ 17 U.S.C.           States Code, as amended by Public Law
                                                 of Copyrights’’ from the first sentence                 203’’.                                                111–175’’ and add in its place ‘‘17
                                                 and add in its place ‘‘U.S. Copyright                   ■ e. In paragraph (b)(2)(vii)(B), remove              U.S.C. 119(d), as amended by Public
                                                 Office’’.                                               ‘‘section 203 of title 17, U.S.C.’’ and add           Law 111–175’’.
                                                 ■ b. In paragraph (b)(3), remove the last               in its place ‘‘17 U.S.C. 203’’.                       ■ c. In paragraph (c)(1), remove ‘‘section
                                                 sentence.                                               ■ f. In paragraph (c)(2), remove ‘‘section            119(b)(1)(B) and (c)(3) of title 17’’ and
                                                 ■ c. In paragraph (c)(1), remove ‘‘hulls’’              304(c) or section 304(d), whichever                   add in its place ‘‘17 U.S.C. 119(b)(1)(B)’’
                                                 from the first sentence and add in its                  applies, of title 17, U.S.C.’’ and add in             and remove ‘‘not later than’’ and add in
                                                 place ‘‘designs’’.                                      its place ‘‘17 U.S.C. 304(c) or 304(d),               its place ‘‘no later than’’ each place it
                                                 ■ d. In paragraphs (c)(1) and (2), remove                                                                     appears.
                                                                                                         whichever applies’’.
                                                 the phrase ‘‘, and refunds of less than $2              ■ g. In paragraph (c)(3), remove ‘‘section            ■ d. In paragraph (d)(1), remove the
                                                 may be made in postage stamps’’.                        203 of title 17, U.S.C.’’ and add in its              term ‘‘U.S.’’, and remove ‘‘free upon
                                                 ■ e. In paragraph (c)(3), remove the                                                                          request. Requests may be mailed to the
                                                                                                         place ‘‘17 U.S.C. 203’’.
                                                 comma after the term ‘‘Records’’ in the                                                                       address specified in § 201.1’’ and add in
                                                                                                         ■ h. In paragraph (d)(2), remove
                                                 last sentence.                                                                                                its place ‘‘free from the Copyright Office
                                                                                                         ‘‘section 203, section 304(c) or section
                                                 ■ f. In paragraph (d), remove
                                                                                                         304(d) of title 17, U.S.C.’’ and add in its           Web site’’.
                                                 ‘‘transferred for the’’ and add in its                                                                        ■ e. In paragraph (d)(2), remove
                                                                                                         place ‘‘17 U.S.C. 203, 304(c), or 304(d)’’.
                                                 place ‘‘transferred for use in the’’.                                                                         ‘‘Statement of Account for Secondary
                                                                                                         ■ i. In paragraph (d)(4), remove ‘‘section
                                                 § 201.7   [Amended]                                     203, section 304(c), or section 304(d) of             Transmissions by Satellite Carriers to
                                                 ■  8. Amend § 201.7 as follows:                         title 17, U.S.C.’’ and add in its place ‘‘17          Home Viewers’’ and add in its place
                                                 ■  a. In paragraph (c)(1), remove ‘‘de                  U.S.C. 203, 304(c), or 304(d)’’.                      ‘‘Form SC (Statement of Account for
                                                 minimis’’ from the first sentence and                   ■ j. In paragraph (e)(1), remove ‘‘section            Secondary Transmissions by Satellite
                                                 add in its place ‘‘insufficiently creative’’            203, section 304(c), or section 304(d) of             Carriers of Distant Television Signals)’’.
                                                 and remove ‘‘not in accordance with                     title 17, U.S.C.’’ and add in its place ‘‘17          ■ f. In paragraphs (e)(6) and (7), remove
                                                 title 17 U.S.C., Chapters 1 through 8’’                 U.S.C. 203, section 304(c), or section                ‘‘§ 258.3’’ and add in its place ‘‘§ 386.2’’.
                                                 from the last sentence and add in its                   304(d)’’.                                             ■ g. In paragraph (h)(3)(i), remove the
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                                                 place ‘‘not in accordance with U.S.                     ■ k. In paragraph (d)(1), remove ‘‘first-             second sentence and add in its place
                                                 copyright law’’.                                        class’’ and add in its place ‘‘first class’’.         ‘‘Telephone or similar unsigned
                                                 ■ b. In paragraph (c)(2), remove                        ■ l. In paragraph (d)(3), remove                      requests that meet these conditions may
                                                 ‘‘remitter’’ and add in its place                       ‘‘reasonable investigation’’ and add in               be permitted, where a follow-up written
                                                 ‘‘applicant’’.                                          its place ‘‘reasonable investigation’’ and            request detailing the same information
                                                 ■ c. In paragraph (d), remove ‘‘remitter’’              remove ’’ ‘‘reasonable investigation’’ ’’             is received by the Copyright Office
                                                 from the first sentence and add in its                  and add in its place ‘‘reasonable                     within fourteen days after the required
                                                 place ‘‘applicant’’.                                    investigation’’.                                      thirty-day period.’’.


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                                                                        Federal Register / Vol. 81, No. 191 / Monday, October 3, 2016 / Proposed Rules                                            67945

                                                 § 201.12   [Amended]                                    ■  g. Revise paragraph (c)(1).                           (i) If the cable system maintains its
                                                 ■ 13. Amend § 201.12 as follows:                        ■  h. In paragraph (d)(1), remove the                 revenue accounts on an accrual basis,
                                                 ■ a. In paragraph (a), remove ‘‘section                 term ‘‘U.S.’’, and remove ‘‘upon request.             gross receipts for any accounting period
                                                 111(e)(2) of title 17 of the United States              Requests may be mailed to the address                 includes all such amounts accrued for
                                                 Code as amended by Public Law 94–                       specified in § 201.1’’ and add in its                 secondary transmission service
                                                 553’’ and add in its place ‘‘17 U.S.C.                  place ‘‘from the Copyright Office Web                 furnished during that period, regardless
                                                 111(e)(2)’’.                                            site’’.                                               of when accrued:
                                                 ■ b. In paragraph (b), remove ‘‘§ 201.3’’               ■ i. In paragraph (e)(5)(iii), add a period              (A) Less the amount of any bad debts
                                                 and add in its place ‘‘§ 201.3(e)’’.                    to the end of the sentence.                           actually written-off during that
                                                 ■ c. In paragraph (c), remove ‘‘record’’                ■ j. Revise paragraph (e)(7)                          accounting period;
                                                 from the last sentence and add in its                   ■ k. Revise paragraph (f)(3).                            (B) Plus the amount of any previously
                                                                                                         ■ l. Remove paragraph (i)(1)(vi).                     written-off bad debts for secondary
                                                 place ‘‘recordation’’.
                                                                                                         ■ m. Revise paragraph (i)(3).
                                                                                                                                                               transmission service which were
                                                 § 201.13   [Amended]                                    ■ n. Remove paragraphs (i)(4) and (5).
                                                                                                                                                               actually recovered during that
                                                                                                         ■ o. Redesignate paragraphs (i)(6)
                                                 ■  14. Amend § 201.13 as follows:                                                                             accounting period.
                                                    a. In paragraph (a), remove ‘‘section                through (10) as paragraphs (i)(4) through
                                                 ■                                                                                                                (ii) If the cable system maintains its
                                                 110(4) of title 17 of the United States                 (8), respectively.
                                                                                                         ■ p. In paragraph (m)(2)(i), remove
                                                                                                                                                               revenue accounts on a cash basis, gross
                                                 Code as amended by Public Law 94–                                                                             receipts of any accounting period
                                                                                                         ‘‘incomplete;’’ and add in its place
                                                 553’’ and add in its place ‘‘17 U.S.C.                                                                        includes all such amounts actually
                                                                                                         ‘‘incomplete; or’’.
                                                 110(4)’’.                                                                                                     received by the cable system during that
                                                                                                         ■ q. In paragraph (m)(2)(ii), remove
                                                 ■ b. In paragraph (d)(3), remove ‘‘a                                                                          accounting period.
                                                                                                         ‘‘low; or’’ and add in its place ‘‘low.’’.
                                                 telegram’’ and add in its place ‘‘an                    ■ r. Remove paragraph (m)(2)(iii).                    *       *     *     *     *
                                                 email, fax,’’ and remove ‘‘said paragraph               ■ s. In paragraph (m)(4)(i), remove the                  (f) * * *
                                                 (e)’’ and add in its place ‘‘paragraph (e)              second sentence and add in its place                     (3) In computing the DSE of a primary
                                                 of this section’’.                                      ‘‘Telephone or similar unsigned                       transmitter in a particular case of
                                                 ■ c. In paragraph (e)(2)(iii), remove                   requests that meet these conditions may               carriage on or after July 1, 1981, the
                                                 ‘‘Telegram, cablegram,’’ and add in its                 be permitted, where a follow-up written               cable system may make no prorated
                                                 place ‘‘Email, fax,’’.                                  request detailing the same information                adjustments other than those specified
                                                 § 201.14   [Amended]                                    is received by the Copyright Office                   in 17 U.S.C. 111(f)(5)(B), and which
                                                                                                         within fourteen days after the required               remain in force under that provision.
                                                 ■  15. Amend § 201.14 as follows:
                                                                                                         sixty-day period.’’                                   Two prorated adjustments, as prescribed
                                                 ■  a. In paragraphs (a)(1) and (2), remove
                                                                                                         ■ t. Remove paragraph (m)(4)(iii)(C).                 in that section, are permitted under
                                                 ‘‘as amended by Public Law 94–553’’.                    ■ u. In paragraph (m)(4)(iv)(A), remove               certain conditions where:
                                                 ■ b. In paragraph (c)(2), remove ‘‘8’’ and
                                                                                                         the phrase ‘‘(except those filed under                   (i) A station is carried on a part-time
                                                 add in its place ‘‘eight’’.                             paragraph (m)(2)(iii) of this section)’’.             basis where full-time carriage is not
                                                 § 201.15   [Reserved]                                   ■ v. In paragraph (m)(4)(iv)(B), remove               possible because the cable system lacks
                                                                                                         the comma after the phrase ‘‘this                     the activated channel capacity to
                                                 ■   16. Add and reserve § 201.15.
                                                                                                         paragraph (m)’’.                                      retransmit on a full-time basis all signals
                                                 § 201.16   [Amended]                                       The revisions read as follows:                     which it is authorized to carry; and
                                                 ■  17. Amend § 201.16 by removing                       § 201.17 Statements of Account covering
                                                                                                                                                                  (ii) A station is carried on a
                                                 paragraph (c)(7).                                       compulsory licenses for secondary                     ‘‘substitute’’ basis under rules,
                                                 ■ 18. Amend § 201.17 as follows:                        transmissions by cable systems.                       regulations, or authorizations of the FCC
                                                 ■ a. In paragraph (a), remove                           *      *    *     *    *                              in effect on October 19, 1976 (as defined
                                                 ‘‘Coypright’’ and add in its place                         (c) * * *                                          in 17 U.S.C. 111(f)(5)(B)(ii)), which
                                                 ‘‘Copyright’’ and remove ‘‘section                         (1) Statements of Account shall cover              permitted a cable system, at its election,
                                                 111(d)(2) of title 17 of the United States              semiannual accounting periods of                      to omit the retransmission of a
                                                 Code’’ and add in its place ‘‘17 U.S.C.                 January 1 through June 30, and July 1                 particular program and substitute
                                                 111(d)(1)’’.                                            through December 31, and shall be                     another program in its place.
                                                 ■ b. In paragraph (b)(1), remove ‘‘Gross                deposited in the Copyright Office,                    *       *     *     *     *
                                                 receipts for the’’ and add in its place                 together with the total royalty fee for                  (i) * * *
                                                 ‘‘Gross receipts for the’’.                             such accounting periods as prescribed                    (3) It shall be presumed that the
                                                 ■ c. In paragraph (b)(2), remove                        by 17 U.S.C. 111(d)(1)(B) through (F), by             3.75% rate of 37 CFR 308.2(c) applies to
                                                 ‘‘§ 201.17 of’’ each place it appears and               no later than the immediately following               DSEs accruing from newly added
                                                 remove ‘‘section, shall be’’ and add in                 August 29, if the Statement of Account                distant signals, carried for the first time
                                                 its place ‘‘section shall be’’.                         covers the January 1 through June 30                  by a cable system after June 24, 1981.
                                                 ■ d. In paragraph (b)(5), remove                        accounting period, and by no later than               The presumption of this section can be
                                                 ‘‘Section 111(f) of title 17 of the United              the immediately following March 1, if                 rebutted in whole or in part:
                                                 States Code, as amended by Public Law                   the Statement of Account covers the                      (i) By actual carriage of a particular
                                                 94–553, Public Law 103–369, and                         July 1 through December 31 accounting                 distant signal prior to June 25, 1981, as
                                                 Public Law 111–175’’ and add in its                     period.                                               reported in Statements of Account duly
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                                                 place ‘‘17 U.S.C. 111(f), as amended by                    (e) * * *                                          filed with the Copyright Office (‘‘actual
                                                 Public Laws 94–553, 103–369, and 111–                      (7) The designation ‘‘Gross Receipts’’,            carriage’’), unless the prior carriage was
                                                 175’’.                                                  followed by the gross amount paid to                  not permitted by the FCC; or
                                                 ■ e. In paragraph (b)(7), remove                        the cable system by subscribers for the                  (ii) By carriage of no more than the
                                                 ‘‘translator station is,’’ and add in its               basic service of providing secondary                  number of distant signals which was or
                                                 place ‘‘translator station is’’.                        transmissions of primary broadcast                    would have been allotted to the cable
                                                 ■ f. In paragraph (b)(9), remove ‘‘FCC’’,               transmissions during the period covered               system under the FCC’s quota for
                                                 ’’ and add in its place ‘‘FCC,’’ ’’.                    by the Statement of Account.                          importation of network and


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                                                 67946                  Federal Register / Vol. 81, No. 191 / Monday, October 3, 2016 / Proposed Rules

                                                 nonspecialty independent stations (47                   § 201.26    [Amended]                                 ■  d. In paragraph (d)(3)(ii)(G), remove
                                                 CFR 76.59(b), 76.61 (b) and (c), and                    ■  23. Amend § 201.26 as follows:                     ‘‘Telefax number’’ and add in its place
                                                 76.63, referring to 76.61 (b) and (c), in               ■  a. In paragraph (b), remove                        ‘‘Email address’’.
                                                 effect on June 24, 1981).                               ‘‘Definitions–’’and add in its place                  ■ e. In paragraph (e)(2)(i), remove
                                                 *     *     *     *     *                               ‘‘Definitions. ’’.                                    ‘‘Register of Copyrights’’ and add in its
                                                                                                         ■ b. In paragraph (d), remove                         place ‘‘U.S. Copyright Office’’.
                                                 § 201.18   [Amended]                                    ‘‘Documents–’’ and add in its place                   ■ f. In paragraph (e)(2)(ii), remove
                                                 ■  19. Amend 201.18 as follows:                         ‘‘documents. ’’.                                      ‘‘U.S.’’ from each place it appears in the
                                                 ■  a. In paragraph (a)(2), remove ‘‘his’’               ■ c. Remove paragraph (d)(4).                         paragraph heading and the paragraph
                                                 and add in its place ‘‘the’’.                           ■ d. In paragraph (f), remove ‘‘record’’
                                                                                                                                                               body, and remove ‘‘§ 201.1’’ from the
                                                 ■ b. In paragraph (a)(4) introductory                   from the second sentence and add in its               last sentence and add in its place
                                                 text, remove ‘‘subparagraphs (ii) and                   place ‘‘recordation’’.                                ‘‘§ 201.1(b)’’.
                                                 (iii)’’ and add in its place ‘‘paragraphs               § 201.27    [Amended]                                 ■ g. In paragraph (e)(2)(iii), remove
                                                 (a)(4)(ii) and (iii) of this section’’, and in                                                                ‘‘VISA, MasterCard and American
                                                 paragraphs (a)(4)(i) and (ii), remove                   ■  24. Amend § 201.27(b)(3) by removing
                                                                                                         the comma following the term                          Express’’ from the first sentence and add
                                                 ‘‘that that’’ and add in its place ‘‘that’’                                                                   in its place ‘‘most major credit cards’’.
                                                                                                         ‘‘cassette’’.
                                                 each place it appears.                                                                                        ■ h. Revise paragraph (f).
                                                 ■ c. In paragraph (a)(5), remove the                    § 201.28    [Amended]                                    The revision reads as follow:
                                                 phrase ‘‘copyright owner,’’ and add in                  ■  25. Amend § 201.28 as follows:
                                                 its place the phrase ’’ ‘‘copyright                     ■  a. In paragraph (c)(3), remove the third           § 201.33 Procedures for filing Notices of
                                                 owner,’’ ’’.                                            and fourth sentences.                                 Intent to Enforce a restored copyright under
                                                 ■ d. In paragraph (b), remove                                                                                 the Uruguay Round Agreements Act.
                                                                                                         ■ b. In paragraph (d)(1), remove ‘‘from
                                                 ‘‘paragraph (a)(4)’’ and add in its place               the Licensing Division, Library of                    *      *     *    *     *
                                                 ‘‘paragraph (a)(6)’’, and remove                        Congress’’ and add in its place ‘‘free                   (f) Public access. Notices of Intent to
                                                 ‘‘§ 210.11(e)’’ and add in its place                    from the Copyright Office Web site’’,                 Enforce filed with the Copyright Office
                                                 ‘‘§ 210.16(g)’’.                                        remove ‘‘Forms and other information                  are available for public inspection and
                                                 ■ e. In paragraph (f)(3), remove the                    may be requested from the Licensing                   copying in the Records Research and
                                                 phrase ‘‘filed by being’’ from the fourth               Division by facsimile transmission                    Certification Section. Some of the
                                                 sentence.                                               (FAX), but copies’’ and add in its place              information contained in these records
                                                 ■ f. In paragraph (f)(4), remove                        ‘‘Copies’’ and remove ‘‘FAX’’ and add in              is available on the Office’s Web site,
                                                 ‘‘paragraph (a)(4)’’ and add in its place               its place ‘‘fax’’.                                    including the title of the work or a brief
                                                 ‘‘paragraph (b)’’ each place it appears.                ■ c. In paragraph (e)(5), remove                      description if the work is untitled and
                                                                                                         ‘‘facsimile (FAX)’’ and add in its place              the name of the copyright owner or
                                                 § 201.22   [Amended]
                                                                                                         ‘‘fax’’.                                              owner of an exclusive right.
                                                 ■  20. Amend § 201.22 as follows:                       ■ d. In paragraph (j)(3)(i), remove the
                                                 ■  a. In paragraphs (a)(1) and (c)(1)(i),                                                                     *      *     *    *     *
                                                                                                         third sentence and add in its place
                                                 remove ‘‘411(b)’’ and add in its place                  ‘‘Telephone or similar unsigned                       Appendix A    to § 201.33 [Amended]
                                                 ‘‘411(c)’’.                                             requests that meet these conditions may               ■  29. Amend Appendix A to § 201.33 by
                                                 ■ b. In paragraph (d)(3), remove ‘‘a
                                                                                                         be permitted, where a follow-up written               removing ‘‘Telefax’’ from item 13 and
                                                 telegram’’ and add in its place ‘‘an                    request detailing the same information                adding in its place ‘‘Fax’’.
                                                 email, fax,’’.                                          is received by the Copyright Office                   ■ 30. Amend § 201.34 as follows:
                                                 ■ c. In paragraph (e)(1), remove
                                                                                                         within 14 days after the required 60-day              ■ a. In paragraph (d)(3)(viii)(D), remove
                                                 ‘‘411(b)(1)’’ and add in its place                      period.’’.
                                                 ‘‘411(c)(1)’’.                                                                                                ‘‘telefax’’ and add in its place ‘‘fax’’.
                                                 ■ d. In paragraph (e)(2)(iii), remove                                                                         ■ b. In paragraph (e), italicize ‘‘Fee—’’
                                                                                                         § 201.29    [Amended]
                                                 ‘‘Telegram, cablegram,’’ and add in its                                                                       in the paragraph heading.
                                                                                                         ■  26. Amend § 201.29 as follows:
                                                 place ‘‘Email, fax,’’.                                                                                        ■ c. Revise paragraph (f).
                                                                                                         ■  a. In paragraph (e), remove the term
                                                                                                         ‘‘5’’ and add in its place the term ‘‘five’’.            The revision reads as follows:
                                                 § 201.23   [Amended]
                                                                                                         ■ b. In paragraph (h)(1), remove the                  § 201.34 Procedures for filing Correction
                                                 ■ 21. Amend § 201.23 as follows:                        parentheses from the around the phrase                Notices of Intent to Enforce a Copyright
                                                 ■ a. In paragraph (a), remove ‘‘, as                    ‘‘of the manufacturing party or                       Restored under the Uruguay Rounds
                                                 amended by Pub. L. 94–553, 90 Stat.                     importing party’’.                                    Agreement Act.
                                                 2541, effective January 1, 1978’’ and                   ■ c. In paragraph (h)(2), remove                      *     *     *    *     *
                                                 remove the phrase ‘‘, as amended by                     ‘‘telefax’’ and add in its place ‘‘fax’’.               (f) Public access. Correction Notices of
                                                 Pub. L. 94–553’’.                                       ■ d. In paragraph (h)(6), remove the
                                                 ■ b. In paragraph (b), remove ‘‘Provided,
                                                                                                                                                               Intent to Enforce filed with the
                                                                                                         term ‘‘(AHRA)’’.                                      Copyright Office are available for public
                                                 That:’’ and add in its place ‘‘provided
                                                 that:’’.                                                § 201.31    [Removed and reserved]                    inspection and copying in the Records
                                                 ■ c. In paragraphs (b)(1) through (3),                  ■  27. Remove and reserve § 201.31.                   Research and Certification Section.
                                                 remove the phrase ‘‘, as amended by                     ■  28. Amend § 201.33 as follows:                     *     *     *    *     *
                                                 Pub. L. 94–553’’ wherever it appears.                   ■  a. In paragraph (a), remove
                                                                                                         ‘‘automated database, which can be                    § 201.38   [Amended]
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                                                 § 201.25   [Amended]                                    accessed over the Internet’’ from the last            ■  31. Amend § 201.38 in paragraph (e)
                                                 ■  22. Amend § 201.25 as follows:                       sentence and add in its place ‘‘Web                   by removing ‘‘§ 201.1’’ from the first
                                                 ■  a. In paragraph (c)(1), remove                       site’’.                                               sentence and adding in its place
                                                 ‘‘Regulatory’’ from the first sentence and              ■ b. In paragraph (b)(2)(iii), remove the             ‘‘§ 201.1(c)(3)’’ and by removing the
                                                 add in its place ‘‘Registry’’.                          phrase ‘‘the new’’ each place it appears.             sentence ‘‘If mailed, the Interim
                                                 ■ b. In paragraph (e), remove ‘‘record’’                ■ c. In paragraph (b)(3)(iii)(A), remove              Designation should be addressed to:
                                                 from the second sentence and add in its                 ‘‘United States’’ and add in its place                Copyright GC/I&R, PO Box 70400,
                                                 place ‘‘recordation’’.                                  ‘‘U.S.’’.                                             Washington, DC 20024.’’.


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                                                                        Federal Register / Vol. 81, No. 191 / Monday, October 3, 2016 / Proposed Rules                                              67947

                                                 § 201.39    [Amended]                                   ■ h. In paragraph (b)(8)(i), remove the               ■  k. In newly redesignated paragraph
                                                 ■  32. Amend § 201.39 as follows:                       phrase ‘‘, as amended by Public Law 94–               (c)(3)(vi), remove ‘‘telefax’’ and add in
                                                 ■  a. In paragraph (g)(1), italicize the                553’’.                                                its place ‘‘fax’’.
                                                 paragraph heading ‘‘Method of filing.’’.                                                                      ■ l. In paragraph (d), remove
                                                                                                         § 202.4   [Removed and reserved]                      ‘‘copyrights’’ and add in its place
                                                 ■ b. In paragraph (g)(3)(i), remove
                                                                                                         ■   36. Remove and reserve § 202.4.                   ‘‘works’’.
                                                 ‘‘Register of Copyrights’’ and add in its
                                                 place ‘‘U.S. Copyright Office’’.                        § 202.5   [Amended]                                      The revision reads as follows:
                                                 ■ c. In paragraph (g)(3)(ii), remove                    ■  37. Amend § 202.5 as follows:                      § 202.12   Restored copyrights.
                                                 ‘‘U.S.’’ from each place it appears in the              ■  a. In paragraph (a), remove the term               *     *     *     *    *
                                                 paragraph heading and the paragraph                     ‘‘hull’’.                                               (c) Registration—(1) Application.
                                                 body and remove ‘‘§ 201.1’’ and add in                  ■ b. In paragraph (b)(2), remove
                                                                                                                                                               Applications for registration for single
                                                 its place ‘‘§ 201.1(b)’’.                               ‘‘§ 201.3(d)(3)(i)’’ and add in its place             works restored to copyright protection
                                                                                                         ‘‘§ 201.3(d)’’.                                       under the URAA should be made on
                                                 PART 202—PREREGISTRATION AND                            ■ c. In paragraph (b)(3), remove
                                                 REGISTRATION OF CLAIMS TO                                                                                     Form GATT. Copies of this form may be
                                                                                                         ‘‘Registration Program written notice’’
                                                 COPYRIGHT                                                                                                     obtained from the Office’s Web site or
                                                                                                         and add in its place ‘‘written notice
                                                                                                                                                               by contacting the Public Information
                                                                                                         from the Registration Program’’ and
                                                 ■ 33. The authority citation for part 202                                                                     Office at (202) 707–3000. Applicants
                                                                                                         remove the term ‘‘initial’’.
                                                 continues to read as follows:                           ■ d. In paragraph (c)(2), remove
                                                                                                                                                               should submit the completed
                                                     Authority: 17 U.S.C. 408(f), 702.                   ‘‘§ 201.3(d)(3)(ii)’’ and add in its place            application with the appropriate filing
                                                                                                         ‘‘§ 201.3(d)’’.                                       fee and deposit copies and materials
                                                 § 202.2    [Amended]                                    ■ e. In paragraph (d)(1), remove
                                                                                                                                                               required by paragraph (c)(3) of this
                                                 ■ 34. Amend § 202.2 as follows:                         ‘‘§ 201.1’’ and add in its place                      section in the same package by mail.
                                                 ■ a. In paragraph (b)(2), remove ‘‘his’’                ‘‘§ 201.1(c)(4)’’.                                    *     *     *     *    *
                                                 and add in its place ‘‘the producer’s’’.                ■ f. In paragraph (e), remove ‘‘wavier’’
                                                                                                                                                               § 202.16   [Amended]
                                                 ■ b. In paragraph (b)(5), remove ‘‘his                  from the paragraph heading and add in
                                                 name’’ and add in its place ‘‘that                      its place ‘‘waiver’’.                                 ■  39. Amend § 202.16 as follows:
                                                 person’s name’’.                                        ■ 38. Amend § 202.12 as follows:                      ■  a. In paragraph (a), remove ‘‘Section
                                                 ■ c. Redesignate paragraphs (b)(6)(i)                   ■ a. In paragraph (b)(1), italicize the               408(f) of 17 U.S.C.’’ and add in its place
                                                 through (iii) as paragraphs (b)(6)(i)(A)                terms ‘‘restored work’’ and ‘‘source                  ‘‘17 U.S.C. 408(f).’’.
                                                                                                         country’’, and remove the term ‘‘the                  ■ b. Revise paragraph (c)(3).
                                                 through (C), respectively, redesignate
                                                                                                         URAA’’ and add in its place the phrase                ■ c. In paragraph(c)(5)(ii)(A), italicize
                                                 the introductory text of paragraph (b)(6)
                                                                                                         ‘‘17 U.S.C. 104(A)(g)(6) and (8)’’.                   the paragraph heading ‘‘Copyright
                                                 as (b)(6)(i), and designate the
                                                                                                         ■ b. Revise paragraph (c)(1).                         Office deposit account.’’
                                                 undesignated text preceding paragraph
                                                                                                         ■ c. Remove paragraph (c)(2).                         ■ d. In paragraph (c)(5)(ii)(B), italicize
                                                 (b)(7) as (b)(6)(ii).
                                                                                                         ■ d. Redesignate paragraphs (c)(3) and                the paragraph heading ‘‘Credit cards,
                                                 ■ d. In newly redesignated paragraph
                                                                                                         (4) as paragraphs (c)(2) and (3),                     debit cards and electronic funds
                                                 (b)(6)(i)(C), remove ‘‘Provided, however,                                                                     transfer.’’
                                                                                                         respectively.
                                                 That’’ and add in its place ‘‘Provided,                                                                       ■ e. In paragraph (c)(5)(ii)(C), italicize
                                                                                                         ■ e. In newly redesignated paragraph
                                                 however, that’’ and remove ‘‘three                                                                            the paragraph heading ‘‘No refunds.’’
                                                                                                         (c)(2)(ii)(A), remove ‘‘Register of
                                                 foregoing types of cases’’ and add in its                                                                     ■ f. Revise paragraph (c)(6)(i) and
                                                                                                         Copyrights’’ and add in its place ‘‘U.S.
                                                 place ‘‘three types of cases described in                                                                     paragraphs (c)(6)(iii) through (v).
                                                                                                         Copyright Office’’.
                                                 paragraphs (b)(6)(i)(A) through (C) of                  ■ f. In newly redesignated paragraph                  ■ h. In paragraph (c)(6)(vi), remove the
                                                 this section’’.                                         (c)(2)(ii)(B), remove ‘‘U.S.’’ from each              last sentence and add in its place ‘‘The
                                                 § 202.3    [Amended]                                    place it appears in the paragraph                     description may also explain the general
                                                                                                         heading and the paragraph body.                       presentation (e.g., the lighting,
                                                 ■  35. Amend § 202.3 as follows:
                                                                                                         ■ g. In newly redesignated paragraph                  background scenery, positioning of
                                                 ■  a. In paragraph (a)(1), remove the                   (c)(2)(ii)(C), remove ‘‘URAA’’ and add in             elements of the subject matter as it is
                                                 phrase ‘‘, as amended by Public Law 94–                 its place ‘‘GATT’’ and remove ‘‘VISA,                 seen in the photographs), and should
                                                 553’’.                                                  MasterCard, and American Express’’                    provide any locations and events, if
                                                 ■ b. In paragraph (b)(1)(v), italicize the
                                                                                                         and add in its place ‘‘most major credit              applicable, associated with the
                                                 paragraph heading ‘‘Class SE: Serials.’’.               cards’’.                                              photographs.’’
                                                 ■ c. In paragraph (b)(2)(i)(A), remove ’’               ■ h. In newly redesignated paragraph                  ■ i. Revise paragraph (c)(10).
                                                 [www.copyright.gov]’’ and add in its                    (c)(3)(i), remove ‘‘the amended section               ■ j. In paragraph (c)(11), remove
                                                 place ‘‘(www.copyright.gov)’’.                          104A’’ and add in its place ‘‘17 U.S.C.               ‘‘Information and Records Division’’ and
                                                 ■ d. In paragraph (b)(2)(i)(D), remove                  104A’’ and remove ‘‘paragraphs (c)(4)                 add in its place ‘‘Office of Public
                                                 the phrase ‘‘a remitter’’ and add in its                (ii)’’ and add in its place ‘‘paragraphs              Information and Education’’.
                                                 place the phrase ‘‘an applicant’’.                      (c)(3)(ii)’’.                                         ■ k. Revise paragraph (c)(12).
                                                 ■ e. In paragraph (b)(2)(ii)(C), remove                 ■ i. In newly redesignated paragraph                     The revisions read as follows:
                                                 ‘‘the type of authorship that                           (c)(3)(iv), remove ‘‘paragraph (c)(4)(i)’’
                                                 predominates’’ from the fourth sentence                 and add in its place ‘‘paragraph                      § 202.16   Preregistration of copyrights.
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                                                 and add in its place ‘‘the predominant                  (c)(3)(i)’’.                                          *     *     *    *     *
                                                 type of authorship’’.                                   ■ j. In newly redesignated paragraph                    (c) * * *
                                                 ■ f. In paragraph (b)(2)(ii)(D), remove ’’              (c)(3)(v), remove ‘‘may seek an                         (3) Application. An application for
                                                 [www.copyright.gov]’’ and add in its                    alternative deposit under special relief              preregistration must be submitted
                                                 place ‘‘(www.copyright.gov)’’.                          (37 CFR 202.20(d))’’ and add in its place             electronically on the Copyright Office
                                                 ■ g. In paragraph (b)(6)(v), remove                     ‘‘may submit an alternative deposit                   Web site at: http://www.copyright.gov.
                                                 ‘‘under 408(c)(1) of title 17’’ and add in              under a grant of special relief under                 *     *     *    *     *
                                                 its place ‘‘under 17 U.S.C 408(c)(1)’’.                 § 202.20(d)’’.                                          (6) * * *


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                                                 67948                  Federal Register / Vol. 81, No. 191 / Monday, October 3, 2016 / Proposed Rules

                                                    (i) For motion pictures, the                         if any, and the general setting and                   ■ h. In paragraph (e)(3), remove ‘‘for
                                                 identifying description should include                  surrounding found in the game.                        Registration Program’’ and add in its
                                                 the following information to the extent                 *     *     *      *     *                            place ‘‘of Copyrights and Director of the
                                                 known at the time of filing: The subject                   (10) Notification of preregistration.              Office of Registration Policy and
                                                 matter, a summary or outline, the                       Upon completion of the preregistration,               Practice’’.
                                                 director, the primary actors, the                       the Copyright Office will email an                    ■ i. In paragraph (f)(1), remove ‘‘on the
                                                 principal location of filming, and any                  official notification of the                          application’’ and remove ‘‘of these
                                                 other information that would assist in                  preregistration to the person who                     regulations’’.
                                                 identifying the particular work being                   submitted the application.                              The revisions read as follows:
                                                 preregistered.                                          *     *     *      *     *                            § 202.19 Deposit of published copies or
                                                 *       *    *     *     *                                 (12) Public record of preregistration.             phonorecords for the Library of Congress.
                                                                                                         The preregistration record also will be               *       *     *     *     *
                                                    (iii) For musical compositions, the
                                                                                                         made available to the public on the                      (b) * * *
                                                 identifying description should include                  Copyright Office Web site at: http://
                                                 the following information to the extent                                                                          (2) A complete copy includes all
                                                                                                         www.copyright.gov.                                    elements comprising the unit of
                                                 known at the time of filing: The subject
                                                 matter of the lyrics, if any; the genre of              *     *     *      *     *                            publication of the best edition of the
                                                                                                                                                               work, including elements that, if
                                                 the work (e.g., classical, pop, musical                 § 202.17    [Amended]                                 considered separately, would not be
                                                 comedy, soft rock, heavy metal, gospel,                 ■  40. Amend § 202.17 as follows:                     copyrightable subject matter or would
                                                 rap, hip-hop, blues, jazz); the performer,              ■  a. In paragraph (b)(1), remove ‘‘[as’’             otherwise be exempt from the
                                                 principal recording location, record                    and add in its place ‘‘(as’’ and remove               mandatory deposit requirement under
                                                 label, motion picture, or other                         ‘‘(C)]’’ and add in its place ‘‘(C))’’.               paragraph (c) of this section.
                                                 information relating to any sound                       ■ b. In paragraph (c)(2), remove                         (i) In the case of sound recordings, a
                                                 recordings or motion pictures that are                  ‘‘409(11),’’ and add in its place                     ‘‘complete’’ phonorecord includes the
                                                 being prepared for commercial                           ‘‘409(10),’’.                                         phonorecord, together with any printed
                                                 distribution and will include the                       ■ c. In the heading to paragraph (e),
                                                                                                                                                               or other visually perceptible material
                                                 musical composition; and any other                      remove ‘‘Section’’ and add in its place               published with such phonorecord (such
                                                 detail or characteristic that may assist in             ‘‘section’’.                                          as textual or pictorial matter appearing
                                                 identifying the particular musical                      ■ d. In paragraph (e)(2), remove
                                                                                                                                                               on record sleeves or album covers, or
                                                 composition.                                            ‘‘name[s]’’ and add in its place                      embodied in leaflets or booklets
                                                                                                         ‘‘name(s)’’ each place it appears, remove             included in a sleeve, album, or other
                                                    (iv) For literary works in book form,
                                                                                                         ‘‘claimant[s]’’ and add in its place                  container).
                                                 the identifying description should
                                                                                                         ‘‘claimant(s)’’ each place it appears, and               (ii) In the case of a musical
                                                 include to the extent known at the time                 remove ‘‘sixty-seven year’’ and add in
                                                 of filing: The genre of the book (e.g.,                                                                       composition published in copies only,
                                                                                                         its place ‘‘67-year’’.                                or in both copies and phonorecords:
                                                 biography, novel, history, etc.), and                   ■ e. In paragraph (e)(3), remove ‘‘(b)(4)’’
                                                 should include a brief summary of the                                                                            (A) If the only publication of copies
                                                                                                         and add in its place ‘‘(b)(3)’’.                      in the United States took place by the
                                                 work including, the subject matter (e.g.,               ■ f. In paragraph (f)(2), remove
                                                 a biography of President Bush, a history                                                                      rental, lease, or lending of a full score
                                                                                                         ‘‘(f)(1)(i)’’ and add in its place ‘‘(f)(1)’’.        and parts, a full score is a ‘‘complete’’
                                                 of the war in Iraq, a fantasy novel); a                 ■ g. In paragraph (g)(1), remove ‘‘U.S.
                                                 description (where applicable) of the                                                                         copy; and
                                                                                                         Copyright Office homepage at http://                     (B) If the only publication of copies in
                                                 plot, primary characters, events, or other              www.copyright.gov’’ from the second                   the United States took place by the
                                                 key elements of the content of the work;                sentence and add in its place                         rental, lease, or lending of a conductor’s
                                                 and any other salient characteristics of                ‘‘Copyright Office Web site at: http://               score and parts, a conductor’s score is
                                                 the book (e.g., whether it is a later                   www.copyright.gov’’, remove ‘‘Request.’’              a ‘‘complete’’ copy.
                                                 edition or revision of a previous work,                 and add in its place ‘‘request.’’, and                   (iii) In the case of a motion picture, a
                                                 as well as any other detail which may                   remove ‘‘§ 201.1’’ and add in its place               copy is ‘‘complete’’ if the reproduction
                                                 assist in identifying the literary work in              ‘‘§ 201.1(b)’’.                                       of all of the visual and aural elements
                                                 book form).                                             ■ h. In paragraph (h)(3)(vii), remove
                                                                                                                                                               comprising the copyrightable subject
                                                    (v) For computer programs (including                 ‘‘[effective’’ and add in its place                   matter in the work is clean, undamaged,
                                                 videogames), the identifying description                ‘‘(effective’’ and remove ‘‘1988]’’ and               undeteriorated, and free of splices, and
                                                 should include to the extent known at                   add in its place ‘‘1988)’’.                           if the copy itself and its physical
                                                                                                         ■ 41. Amend § 202.19 as follows:
                                                 the time of filing: The nature, purpose                                                                       housing are free of any defects that
                                                                                                         ■ a. In paragraph (a), remove ‘‘, as
                                                 and function of the computer program,                                                                         would interfere with the performance of
                                                                                                         amended by Public Law 94–553’’ and
                                                 including the programming language in                                                                         the work or that would cause
                                                                                                         remove ‘‘of these regulations’’.
                                                 which it is written and any particular                  ■ b. Revise paragraph (b)(2).
                                                                                                                                                               mechanical, visual, or audible defects or
                                                 organization or structure in which the                  ■ c. In paragraph (b)(4), remove                      distortions.
                                                 program has been created; the form in                   ‘‘§ 202.19(c)(5) of this regulation’’ and                (iv) In the case of an electronic work
                                                 which it is expected to be published                    add in its place ‘‘paragraph (c)(5) of this           published in the United States and
                                                 (e.g., as an online-only product; whether               section’’.                                            available only online, a copy is
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                                                 there have been previous versions and                   ■ d. In paragraphs (c)(5) and                         ‘‘complete’’ if it includes all elements
                                                 identification of such previous                         (d)(2)(iii)(B), and (d)(2)(iv), remove ‘‘of           constituting the work in its published
                                                 versions); the identities of persons                    these regulations’’ wherever it occurs.               form, i.e., the complete work as
                                                 involved in the creation of the computer                ■ e. Revise paragraph (d)(2)(iv).                     published, including metadata and
                                                 program; and, if the work is a                          ■ f. In paragraph (d)(2)(vi), remove the              formatting codes otherwise exempt from
                                                 videogame, also the subject matter of the               comma after the term ‘‘kits’’.                        mandatory deposit.
                                                 videogame and the overall object, goal,                 ■ g. In paragraph (e)(1)(iv), remove the              *       *     *     *     *
                                                 or purpose of the game, its characters,                 phrase ‘‘of these regulations’’.                         (d) * * *


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                                                                        Federal Register / Vol. 81, No. 191 / Monday, October 3, 2016 / Proposed Rules                                              67949

                                                    (2) * * *                                            add footnote 7 after the second                       ■  a. In paragraph (a), remove ‘‘and to’’
                                                    (iv) In any case where an individual                 sentence. Designate the undesignated                  from the first sentence and add in its
                                                 author is the owner of copyright in a                   text after paragraph (c)(2)(xviii)(B)(4) as           place ‘‘and’’ and remove the phrase ‘‘of
                                                 published pictorial or graphic work and:                the text to footnote 7 with a superscript             these regulations’’.
                                                    (A) Less than five copies of the work                ‘‘7’’ preceding the text.                             ■ b. In paragraph (g)(1)(i), remove ‘‘and
                                                 have been published; or                                 ■ q. In paragraphs (d)(1)(iv) and (d)(3),             description’’ and add in its place ‘‘and
                                                    (B) The work has been published and                  remove ‘‘of these regulations’’ each                  a description’’.
                                                 sold or offered for sale in a limited                   place it appears.                                     ■ c. In paragraph (h), remove the phrase
                                                 edition consisting of no more than three                ■ r. In paragraph (d)(3), remove ‘‘for                ‘‘of these regulations’’.
                                                 hundred numbered copies, the deposit                    Registration Program of the Copyright
                                                                                                         Office’’ and add in its place ‘‘of                    § 202.22   [Amended]
                                                 of one complete copy of the best edition
                                                 of the work or, alternatively, the deposit              Copyrights and Director of the Office of              ■  44. Amend § 202.22 in paragraph
                                                 of photographs or other identifying                     Registration Policy and Practice’’.                   (f)(1)(i) by removing the phrase ‘‘not
                                                 material in compliance with § 202.21,                   ■ s. In paragraph (e), remove ‘‘section               later than’’ and adding in its place the
                                                 will suffice in lieu of the two copies                  407 of title 17 and § 202.19 of these                 phrase ‘‘no later than’’.
                                                 required by paragraph (d)(1) of this                    regulations’’ and add in its place ‘‘17               § 202.23   [Amended]
                                                 section.                                                U.S.C. 407 and § 202.19’’, remove ‘‘of
                                                                                                                                                               ■  45. Amend § 202.23 as follows:
                                                 *      *      *     *     *                             claim’’ and add in its place ‘‘of a claim’’,          ■  a. In paragraph (a)(1), remove
                                                 ■ 42. Amend § 202.20 as follows:
                                                                                                         and remove the phrase ‘‘on the                        ‘‘708(a)(11)’’ and add in its place
                                                 ■ a. In paragraph (a), remove ‘‘, as                    application’’.                                        ‘‘708(a)’’.
                                                 amended by Public Law 94–553’’ and                         The revision reads as follows:
                                                                                                                                                               ■ b. In paragraph (b)(2), remove ‘‘Chief,
                                                 remove ‘‘of these regulations’’.                        § 202.20 Deposit of copies and                        Information and Records Division of the
                                                 ■ b. In paragraph (b)(1), remove ‘‘The’’                phonorecords for copyright registration.              Copyright Office,’’ add in its place
                                                 and add in its place ‘‘The’’.                           *       *    *     *     *                            ‘‘Director of the Office of Public Records
                                                 ■ c. In paragraph (b)(2)(ii), remove                       (b) * * *                                          and Repositories at the address
                                                 ‘‘(b)(2) (iv)’’ and add in its place                       (2) * * *                                          specified in § 201.1(b)(1) of this
                                                 ‘‘(b)(2)(iv)’’.                                            (iii) Works submitted for registration             chapter,’’, and remove ‘‘(i)’’ and ‘‘(ii)’’.
                                                 ■ d. Revise paragraph (b)(2)(iii).                      in digital formats. A ‘‘complete’’                    ■ c. In paragraph (c)(2), remove the
                                                 ■ e. In paragraph (b)(2)(v), remove                     electronically filed work is one which is             word ‘‘of’’ after ‘‘§ 202.20’’.
                                                 ‘‘§ 202.19(b)(2) of these regulations;’’                embodied in a digital file which                      ■ d. In paragraph (e)(1), remove
                                                 and add in its place ‘‘§ 202.19(b)(2)(i).’’.            contains:                                             ‘‘708(a)(11)’’ and add in its place
                                                 ■ f. In paragraph (b)(2)(vi)(B), remove                    (A) If the work is unpublished, all                ‘‘708(a)’’ and add ‘‘of this chapter’’ after
                                                 the term ‘‘copy;’’ and add in its place                 authorship elements for which                         ‘‘§ 201.3(d)’’.
                                                 the term ‘‘copy.’’.                                     registration is sought; and                           ■ e. In paragraph (e)(2), add ‘‘of this
                                                 ■ g. In paragraph (b)(6), remove                           (B) If the work is published solely in             chapter’’ after ‘‘§ 201.3(d)’’ and remove
                                                 ‘‘§ 202.20’’ and add in its place                       an electronic format, all elements                    ‘‘Register of Copyrights’’ and add in its
                                                 ‘‘section’’ and remove the term ‘‘as’’.                 constituting the work in its published                place ‘‘U.S. Copyright Office’’.
                                                 ■ h. In paragraph (c)(2)(i)(G), remove                  form, i.e., the complete work as
                                                                                                                                                               § 202.24   [Amended]
                                                 ‘‘(c)(2)(xi)(B)(5)’’ and add in its place               published, including metadata and
                                                 ‘‘(c)(2)(xi)(B)’’.                                      authorship for which registration is not              ■  46. Amend § 202.24 as follows:
                                                 ■ i. In paragraphs (c)(2)(ii), (c)(2)(iii)(B),          sought. Publication in an electronic only             ■  a. In paragraphs (a)(1), (c)(1), and
                                                 (c)(2)(iv), and (c)(2)(v), remove the                   format requires submission of the digital             (c)(2) by removing ‘‘of these
                                                 phrase ‘‘of these regulations’’ each place              file(s) in exact first-publication form and           regulations’’.
                                                                                                                                                               ■ b. In paragraph (d)(1)(i) by removing
                                                 it appears.                                             content.
                                                 ■ j. In paragraph (c)(2)(vii)(A)(2),                       (C) For works submitted                            ‘‘section 407(d) of Title 17’’ and adding
                                                 remove ‘‘units, entire’’ and add in its                 electronically, any of the following file             in its place ‘‘17 U.S.C. 407(d)’’.
                                                 place ‘‘units, the entire’’ and remove                  formats are acceptable for registration:              Appendix B to Part 202   [Amended]
                                                 ‘‘proportinately’’ and add in its place                 PDF, TXT, WPD, DOC, TIF, SVG, JPG,                    ■  47 Amend Appendix B to Part 202 as
                                                 ‘‘proportionately’’.                                    XML, HTML, WAV, and MPEG family                       follows:
                                                 ■ k. In paragraphs (c)(2)(viii)(A) and                  of formats, including MP3. This list of               ■ a. In the introductory text, designate
                                                 (c)(2)(x), remove the phrase ‘‘of these                 file formats is non-exhaustive and it                 the five undesignated paragraphs as a.,
                                                 regulations’’ each place it appears.                    may change, or be added to periodically.              b., c., d., and e., respectively.
                                                 ■ l. In paragraph (c)(2)(xi)(A), remove                 Changes will be noted in the list of                  ■ b. In paragraph III.A., add a colon to
                                                 ‘‘of these regulations’’ and add in its                 acceptable formats on the Copyright                   the end of the term ‘‘Film’’ and add
                                                 place ‘‘of this chapter’’.                              Office Web site.                                      periods to the ends of paragraphs
                                                 ■ m. In paragraphs (c)(2)(xii) and                         (D) Contact with the registration                  III.A.1. through III.A.4.
                                                 (c)(2)(xiii), remove the phrase ‘‘of these              applicant may be necessary if the                     ■ c. In paragraph III.B., add a colon to
                                                 regulations’’ each place it appears.                    Copyright Office cannot access, view, or              the end of the words ‘‘Video Formats’’
                                                 ■ n. In paragraph (c)(2)(xvi), remove                   examine the content of any particular                 and add periods to the ends of
                                                 ‘‘the deposit phonorecord’’ and add in                  digital file that has been submitted for              paragraphs III.B.1. through III.B.4.
                                                 its place ‘‘the phonorecord’’.                          the registration of a work. For purposes              ■ d. In paragraph VI.A.1., remove
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                                                 ■ o. In paragraph (c)(2)(xviii)(A), add                 of 17 U.S.C. 410(d), a deposit has not                ‘‘Vocal music:’’ and add in its place
                                                 footnote 6 after the first sentence, and                been received in the Copyright Office                 ‘‘Vocal music:’’.
                                                 designate the undesignated text after                   until a copy that can be reviewed by the              ■ e. In paragraph VI.A.1.a., remove
                                                 paragraph (c)(2)(xviii)(A)(4) as the text               Office is received.                                   ‘‘accompaniment—’’ and add in its
                                                 to footnote 6 with a superscript ‘‘6’’                  *       *    *     *     *                            place ‘‘accompaniment:’’.
                                                 preceding the text.                                                                                           ■ f. In paragraph VI.A.2., remove
                                                 ■ p. In paragraph (c)(2)(xviii)(B), remove              § 202.21    [Amended]                                 ‘‘Instrumental music:’’ and add in its
                                                 the phrase ‘‘of these regulations’’ and                 ■   43. Amend § 202.21 as follows:                    place ‘‘Instrumental music:’’.


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                                                 67950                  Federal Register / Vol. 81, No. 191 / Monday, October 3, 2016 / Proposed Rules

                                                 ■  g. In paragraph VIII.A., add a colon to              Register on core business functions and               liaises with the Department of Justice,
                                                 the end of the word ‘‘Programs’’.                       coordinates and directs the day-to-day                other federal departments, and the legal
                                                 ■ h. In paragraph VIII.A.3., remove                     operations of the Copyright Office. The               community on a wide range of copyright
                                                 ‘‘Format:’’ and add in its place                        Office of the COO supervises financial                matters including litigation and the
                                                 ‘‘Format:’’.                                            controls, budget, human capital,                      administration of title 17 of the U.S.C.
                                                 ■ i. In paragraph VIII.B.4., remove                     statutory royalty investments,                        The General Counsel also has primary
                                                 ‘‘Format’’ and add in its place                         mandatory deposits and acquisitions,                  responsibility for the formulation and
                                                 ‘‘Format:’’.                                            contracts, and strategic planning                     promulgation of regulations and the
                                                 ■ j. In paragraph IX.A., add a colon to                 functions. This Office interacts with                 adoption of legal positions governing
                                                 the end of the word ‘‘Serials’’.                        every other senior management office                  policy matters and the practices of the
                                                 ■ k. In paragraph IX.A.1., add a colon to               that reports to the Register and                      Copyright Office.
                                                 the end of the word ‘‘Format’’.                         frequently coordinates and assesses                      (d) The Office of Policy and
                                                                                                         institutional projects. The COO chairs                International Affairs is headed by the
                                                 PART 203—FREEDOM OF                                     the Copyright Office’s operations                     Associate Register of Copyrights and
                                                 INFORMATION ACT: POLICIES AND                           committee. The following divisions fall               Director of Policy and International
                                                 PROCEDURES                                              under the oversight of the COO:                       Affairs, who is an expert copyright
                                                                                                            (1) The Receipt Analysis and Control               attorney and one of four legal advisors
                                                 ■ 48. The authority citation for part 203
                                                                                                         Division is responsible for sorting,                  to the Register. This Office assists the
                                                 continues to read as follows:
                                                                                                         analyzing, and scanning incoming mail;                Register with critical policy functions of
                                                   Authority: 17 U.S.C. 702, 5 U.S.C. 552, as            creating initial records; labeling                    the Copyright Office, including
                                                 amended.                                                materials; and searching, assembling,                 domestic and international policy
                                                 ■   49. Revise § 203.2 to read as follows:              and dispatching electronic and                        analyses, legislative support, and trade
                                                                                                         hardcopy materials and deposits to the                negotiations. Policy and International
                                                 § 203.2   Authority and functions.                      appropriate service areas. The Division               Affairs represents the Copyright Office
                                                    The administration of the copyright                  is responsible for operating the                      at meetings of government officials
                                                 law was entrusted to the Library of                     Copyright Office’s central print room,                concerned with the international
                                                 Congress by an act of Congress in 1870,                 mail functions, and temporary storage.                aspects of intellectual property
                                                 and the Copyright Office has been a                     The Division also processes all                       protection, and provides regular support
                                                 separate department of the Library since                incoming fees and maintains accounts,                 to Congress and its committees on
                                                 1897. The statutory functions of the                    related records, and reports involving                statutory amendments and construction.
                                                 Copyright Office are contained in and                   fees received.                                           (e) The Office of Registration Policy
                                                 carried out in accordance with the                         (2) The Licensing Division                         and Practice is headed by the Associate
                                                 Copyright Act.                                          administers certain statutory licenses set            Register of Copyrights and Director of
                                                 ■ 50. Amend § 203.3 as follows:                         forth in the Copyright Act. The Division              Registration Policy and Practice, who is
                                                 ■ a. Revise paragraphs (a) through (d).                 collects royalty payments and examines                an expert copyright attorney and one of
                                                 ■ b. Redesignate paragraphs (e) through                 statements of account for the cable                   four legal advisors to the Register. This
                                                 (g) as paragraphs (i) through (k),                      statutory license (17 U.S.C. 111), the                Office administers the U.S. copyright
                                                 respectively.                                           satellite statutory license for                       registration system and advises the
                                                 ■ c. Add new paragraphs (e) through (g).                retransmission of distant television                  Register of Copyrights on questions of
                                                 ■ d. Revise paragraph (h).                              broadcast stations (17 U.S.C. 119), and               registration policy and related
                                                 ■ e. In newly redesignated paragraph (j),               the statutory license for digital audio               regulations and interpretations of
                                                 remove ‘‘Avenue, SE, Washington, DC’’                   recording technology (17 U.S.C. chapter               copyright law. This Office has three
                                                 and add in its place ‘‘Avenue SE.,                      10). The Division also accepts and                    divisions: Literary, Performing Arts, and
                                                 Washington, DC’’.                                       records documents associated with the                 Visual Arts. It also has a number of
                                                 ■ f. Add paragraph (l).                                 use of the mechanical statutory license               specialized sections, for example, in the
                                                    The revisions and additions read as                  (17 U.S.C. 115).                                      area of motion pictures. This Office
                                                 follows:                                                   (3) The Copyright Acquisitions                     executes major sections of the
                                                                                                         Division administers the mandatory                    Compendium of Copyright Office
                                                 § 203.3   Organization.                                 deposit requirements of the Copyright                 Practices, particularly with respect to
                                                    (a) The Office of the Register of                    Act, acting as an intermediary between                the examination of claims and related
                                                 Copyrights has overall responsibility for               copyright owners of certain published                 principles of law.
                                                 the Copyright Office and its statutory                  works and the acquisitions staff in the                  (f) The Office of Public Information
                                                 mandate, specifically: For legal                        Library of Congress. 17 U.S.C. 407. This              and Education is headed by the
                                                 interpretation of the copyright law;                    Office creates and updates records for                Associate Register for Public
                                                 administering the provisions of title 17                the copies received by the Copyright                  Information and Education, who is an
                                                 of the U.S.C.; promulgating copyright                   Office; demands particular works or                   expert copyright attorney and one of
                                                 regulations; advising Congress and other                particular formats of works as necessary;             four legal advisors to the Register. This
                                                 government officials on domestic and                    and administers deposit agreements                    Office informs and helps carry out the
                                                 international copyright policy and other                between the Library and copyright                     work of the Register and the Copyright
                                                 intellectual property issues; determining               owners.                                               Office in providing authoritative
                                                 personnel and other resource                               (c) The Office of the General Counsel              information about the copyright law to
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                                                 requirements for the Office; organizing                 is headed by the General Counsel and                  the public and establishing educational
                                                 strategic and annual program planning;                  Associate Register of Copyrights, who is              programs. The Office publishes the
                                                 and preparing budget estimates for                      an expert copyright attorney and one of               copyright law and other provisions of
                                                 inclusion in the budget of the Library of               four legal advisors to the Register. This             title 17 of the U.S.C.; maintains a robust
                                                 Congress and U.S. Government.                           Office assists the Register in carrying               and accurate public Web site; creates
                                                    (b) The Office of the Chief of                       out critical work of the Copyright Office             and distributes a variety of circulars,
                                                 Operations is headed by the Chief of                    regarding the legal interpretation of the             information sheets, and newsletters,
                                                 Operations (‘‘COO’’), who advises the                   copyright law. The General Counsel                    including NewsNet; responds to public


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                                                                        Federal Register / Vol. 81, No. 191 / Monday, October 3, 2016 / Proposed Rules                                                67951

                                                 inquiries regarding provisions of the                   regulations, as well as final regulations             General Counsel or his or her delegate
                                                 law, explaining registration policies,                  are also available on the Office’s Web                within 20 working days. If, on appeal,
                                                 procedures, and other copyright-related                 site. The address for the Office’s Web                the denial is upheld in whole or in part,
                                                 topics upon request; plans and executes                 site is www.copyright.gov.                            the written determination will include
                                                 a variety of educational activities; and                                                                      the basis for the appeal denial and will
                                                 engages in outreach with various                        § 203.4   [Amended]                                   also contain a notification of the
                                                 copyright community stakeholders.                       ■ 51. Amend § 203.4 as follows:                       provisions for judicial review and the
                                                    (g) The Office of Public Records and                 ■ a. In paragraph (c), remove ‘‘Avenue,               names of the persons who participated
                                                 Repositories is headed by the Director,                 SE’’ and add in its place ‘‘Avenue SE.’’.             in the determination.
                                                 who is an expert in public                              ■ b. In paragraph (d), remove from the
                                                                                                                                                               *     *     *     *    *
                                                 administration and one of the Register’s                second sentence ‘‘, Information and
                                                 top business advisors. This Office is                   Publications Section, Information and                 § 203.6    [Amended]
                                                 responsible for carrying out major                      Reference Division, Copyright Office,                 ■  52. Amend § 203.6 as follows:
                                                 provisions of title 17 of the U.S.C.,                   Library of Congress, Washington, DC                   ■  a. In paragraph (a), remove
                                                 including establishing records policies;                20559–6000,’’ and add in its place ‘‘at               ‘‘themseleves’’ from the last sentence
                                                 ensuring the storage and security of                    the address specified in § 201.1(c)(1) of             and add in its place ‘‘themselves’’.
                                                 copyright deposits, both analog and                     this chapter’’, remove ‘‘Avenue, SE,’’                ■ b. In paragraph (e),
                                                 digital; recording licenses and transfers               and add in its place ‘‘Avenue SE.,’’ and              ■ 1. Form the first sentence, remove
                                                 of copyright ownership; preserving,                     remove in the last sentence ‘‘Office                  ‘‘amoun t’’ and add in its place
                                                 maintaining, and servicing copyright-                   response’’ and add in its place ‘‘Office’s            ‘‘amount’’, remove ‘‘praticable’’ and add
                                                 related records; researching and                        response’’.                                           in its place ‘‘practicable’’, remove ‘‘his
                                                                                                         ■ c. Revise paragraphs (f) and (g).
                                                 providing certified and non-certified                                                                         willingness’’ and add in its place ‘‘a
                                                                                                         ■ d. In paragraph (i)(2), remove ‘‘ten
                                                 reproductions of copyright deposits; and                                                                      willingness’’,
                                                 maintaining the official records of the                 (10)’’ and add in its place ‘‘10’’.
                                                                                                                                                               ■ 2. From the last sentence, remove
                                                 Copyright Office. Additionally, the                       The revisions read as follows:
                                                                                                                                                               ‘‘offer him’’ and add in its place ‘‘offer
                                                 Office engages regularly in discussions                 § 203.4   Methods of operation.                       the requester’’, remove ‘‘his request’’
                                                 with leaders in the private and public                  *      *      *    *     *                            and add in its place ‘‘the request’’, and
                                                 sectors regarding issues of metadata,                      (f) The Office will respond to all                 remove the ‘‘his needs’’ and add in its
                                                 interoperability, data management, and                  properly marked mailed requests and all               place ‘‘the requester’s needs’’.
                                                 open government.                                        personally delivered written requests for
                                                    (h) The Office of the Chief                                                                                PART 204—PRIVACY ACT: POLICIES
                                                                                                         records within 20 working days of
                                                 Information Officer is headed by the                                                                          AND PROCEDURES
                                                                                                         receipt by the Supervisory Copyright
                                                 Chief Information Officer (‘‘CIO’’), who                Information Specialist. If it is                      ■ 53. The authority citation continues to
                                                 is the Register’s top advisor on the                    determined that an extension of time                  read as follows:
                                                 development and implementation of                       greater than 10 working days is
                                                 technology policy and infrastructure.                                                                             Authority: 17 U.S.C. 702, 5 U.S.C. 552(a).
                                                                                                         necessary to respond to a request due to
                                                 The Office of the CIO provides strategic                unusual circumstances, as defined in                  § 204.4    [Amended]
                                                 leadership and direction for necessary                  paragraph (h) of this section, the
                                                 planning, design, development, and                                                                            ■ 54. Amend § 204.4 as follows:
                                                                                                         Supervisory Copyright Information                     ■ a. In paragraph (a), remove ‘‘Copyright
                                                 implementation of the Copyright                         Specialist shall so notify the requester
                                                 Office’s automated initiatives. The                                                                           Information Section, Copyright GC/I&R,
                                                                                                         and give the requester the opportunity                P.O. Box 70400,, Washington, DC
                                                 Office of the CIO is a liaison to the                   to:
                                                 central technology office of the Library                                                                      20024’’ and add in its place ‘‘U.S.
                                                                                                            (1) Limit the scope of the request so              Copyright Office, P.O. Box 70400,
                                                 of Congress, which administers the                      that it may be processed within 20
                                                 Copyright Office’s networks and                                                                               Washington, DC 20024–0400’’.
                                                                                                         working days, or                                      ■ b. In paragraph (b), remove ‘‘Office’’
                                                 communications. The CIO also                               (2) Arrange with the Office an
                                                 supervises the Copyright Technology                                                                           and add in its place ‘‘Office’s’’.
                                                                                                         alternative time frame for processing the             ■ c. In paragraph (d), remove ‘‘Records’’
                                                 Office. The Copyright Technology Office                 request or a modified request.
                                                 maintains certain Copyright Office                                                                            and add in its place ‘‘records’’.
                                                                                                            (g) If a request is denied, the written
                                                 enterprise-wide IT systems for                          notification will include the basis for               § 204.5    [Amended]
                                                 registration, recordation, public records               the denial, names of all individuals who              ■ 55. Amend § 204.5 as follows:
                                                 management and access, and related                      participated in the determination, and                ■ a. In paragraph (a), remove ‘‘Copyright
                                                 public services, as well as certain                     procedures available to appeal the                    Information Section, Copyright GC/I&R’’
                                                 internal and external help-desk                         determination. If a requester wishes to               and add in its place ‘‘U.S. Copyright
                                                 functions.                                              appeal a denial of some or all of his or              Office’’, remove ‘‘20024’’ and add in its
                                                 *      *    *      *    *                               her request for information, he or she                place ‘‘20024–0400’’, and remove the
                                                    (l) The U.S. Copyright Office makes                  must make an appeal in writing within                 phrase ‘‘Avenue, SE’’ and add in its
                                                 certain documents and records available                 30 calendar days of the date of the                   place the phrase ‘‘Avenue SE.’’.
                                                 to the public in electronic format                      Office’s denial. The request should be                ■ b. In paragraph (b), remove ‘‘Office’’
                                                 pursuant to 5 U.S.C. 552(a)(2).                         directed to the General Counsel of the                and add in its place ‘‘Office’s’’.
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                                                 Copyright Office records in machine-                    United States Copyright Office at the
                                                 readable form cataloged from January 1,                 address specified in § 201.1(c)(1) of this            § 204.7    [Amended]
                                                 1978, to the present, including                         chapter. The appeal should be clearly                 ■ 56. Amend § 204.7 as follows:
                                                 information regarding registrations and                 labeled ‘‘Freedom of Information Act                  ■ a. In paragraph (a), remove ‘‘Copyright
                                                 recorded documents, are available on                    Appeal.’’ The appeal shall include a                  Information Section, Copyright GC/I&R’’
                                                 the Office’s Web site. Frequently                       statement explaining the basis for the                and add in its place ‘‘U.S. Copyright
                                                 requested Copyright Office circulars,                   appeal. Determinations of appeals will                Office’’, remove ‘‘20024’’ and add in its
                                                 announcements, recently proposed                        be set forth in writing and signed by the             place ‘‘20024–0400’’ and remove


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                                                 67952                  Federal Register / Vol. 81, No. 191 / Monday, October 3, 2016 / Proposed Rules

                                                 ‘‘Avenue, SE’’ and add in its place                        Document means any record or paper                 ■ b. In paragraph (b), remove the comma
                                                 ‘‘Avenue SE.’’.                                         held by the Copyright Office, including,              after ‘‘Avenue’’.
                                                 ■ b. In paragraph (b), remove ‘‘for Office              without limitation, official letters,
                                                 response’’ and add in its place ‘‘for the               deposits, recordations, registrations,                §§ 205.6 through 205.10    [Reserved]
                                                 Office’s response’’, remove ‘‘section                   publications, or other material                       ■ 61. Add and reserve §§ 205.6 through
                                                 408(d) of Public Law 94–553’’ and add                   submitted in connection with a claim                  205.10 to subpart A.
                                                 in its place ‘‘17 U.S.C. 408(d)’’ and                   for registration of a copyrighted work.
                                                 remove ‘‘, the Office response’’ and add                   Employee means any current or                      § 205.11   [Amended]
                                                 in its place ‘‘, the Office’s response’’.               former officer or employee of the                     ■  62. Amend § 205.11 in paragraph (a)
                                                 ■ 57. Revise § 204.8 to read as follows:                Copyright Office, as well as any
                                                                                                                                                               by removing ‘‘Office response’’ from the
                                                                                                         individual subject to the jurisdiction,
                                                 § 204.8 Appeal of refusal to correct or                                                                       fourth sentence and adding in its place
                                                                                                         supervision, or control of the Copyright
                                                 amend an individual’s record.                           Office.                                               ‘‘the Office’s response’’.
                                                    (a) An individual who disagrees with                    General Counsel, unless otherwise                  § 205.13   [Amended]
                                                 a refusal of the Copyright Office to                    specified, means the General Counsel
                                                 amend his or her record may request a                   and Associate Register of Copyrights or               ■  63. Amend § 205.13 by removing ‘‘,
                                                 review of the denial. The individual                    his or her designee.                                  GC/I&R, P.O. Box 70400, Washington,
                                                 should submit a written appeal to the                      Legal proceeding means any pretrial,               DC 20024–0400’’ and adding in its place
                                                 General Counsel of the United States                    trial, and post-trial stages of existing or           ‘‘at the address specified in § 201.1(c)(1)
                                                 Copyright Office at the address specified               reasonably anticipated judicial or                    of this chapter’’ and by removing the
                                                 in § 201.1(c)(1) of this chapter. Appeals,              administrative actions, hearings,                     comma after ‘‘Avenue’’.
                                                 and the envelopes containing them,                      investigations, or similar proceedings
                                                 should be plainly marked ‘‘Privacy Act                                                                        §§ 205.14 through 205.20    [Reserved]
                                                                                                         before courts, commissions, boards or
                                                 Appeal.’’ Failure to so mark the appeal                 other tribunals, foreign or domestic.                 ■ 64. Add and reserve §§ 205.14 through
                                                 may delay the General Counsel’s                         This phrase includes all phases of                    205.20 to subpart B.
                                                 response. An appeal should contain a                    discovery as well as responses to formal
                                                 copy of the request for amendment or                    or informal requests by attorneys or                  § 205.22   [Amended]
                                                 correction and a copy of the record                     others involved in legal proceedings.                 ■  65. Amend § 205.22 as follows:
                                                 alleged to be untimely, inaccurate,                     This phrase also includes state court
                                                 incomplete, or irrelevant.                              proceedings (including grand jury                     ■  a. In paragraph (a)(2), remove ‘‘(e.g.,
                                                    (b) The General Counsel will issue a                 proceedings) and any other state or local             37 CFR, Chapter II; Compendium II,
                                                 written decision granting or denying the                legislative and administrative                        Compendium of Copyright Office
                                                 appeal within 30 working days after                     proceedings.                                          Practices’’ and add in its place ‘‘(e.g., 37
                                                 receipt of the appeal unless, after                        Office means the Copyright Office,                 CFR, Chapter II; Compendium of U.S.
                                                 showing good cause, the General                         including any division, section, or                   Copyright Office Practices, Third
                                                 Counsel extends the 30-day period. If                   operating unit within the Copyright                   Edition’’, and remove ‘‘Copyright
                                                 the appeal is granted, the requested                    Office.                                               General Counsel’’ and add in its place
                                                 amendment or correction will be made                       Official business means the                        ‘‘General Counsel of the Copyright
                                                 promptly. If the appeal is denied, in                   authorized business of the Copyright                  Office’’.
                                                 whole or in part, the General Counsel’s                 Office.                                               ■ b. In paragraph (b), remove ‘‘Counsel,
                                                 decision will set forth reasons for the                    Testimony means a statement in any                 no’’ and add in its place ‘‘Counsel of the
                                                 denial. Additionally, the decision will                 form, including a personal appearance                 Copyright Office, no’’ and remove
                                                 advise the requester that he or she has                 before a court or other legal tribunal, an            ‘‘Copyright General Counsel’’ and add
                                                 the right to file with the Copyright                    interview, a deposition, an affidavit or
                                                 Office a concise statement of his or her                                                                      in its place ‘‘General Counsel of the
                                                                                                         declaration under penalty of perjury                  Copyright Office’’.
                                                 reasons for disagreeing with the refusal                pursuant to 28 U.S.C. 1746, a
                                                 to amend the record and that such                       telephonic, televised, or videotaped                  ■ c. In paragraph (c), remove ‘‘Copyright
                                                 statement will be attached to the                       statement or any response given during                Office General Counsel’’ and add in its
                                                 requester’s record and included in any                  discovery or similar proceeding, which                place ‘‘General Counsel of the Copyright
                                                 future disclosure of such record. If the                response would involve more than the                  Office’’ and remove ‘‘Copyright General
                                                 requester is dissatisfied with the                      production of documents, including a                  Counsel’’ and add in its place ‘‘General
                                                 agency’s final determination, the                       declaration under 35 U.S.C. 25 or a                   Counsel’’.
                                                 individual may bring a civil action                     declaration under penalty of perjury                  ■ d. In paragraph (f), remove the colon
                                                 against the Office in the appropriate                   pursuant to 28 U.S.C. 1746.                           from the end of the paragraph heading,
                                                 United States district court.                              United States means the Federal                    add in its place a period, and wrap up
                                                                                                         Government, its departments and                       the next paragraph (f)(1).
                                                 PART 205—LEGAL PROCESSES
                                                                                                         agencies, individuals acting on behalf of
                                                 ■ 58. The authority citation for part 205               the Federal Government, and parties to                § 205.23   [Amended]
                                                 continues to read as follows:                           the extent they are represented by the
                                                                                                                                                               ■ 66. Amend § 205.23 as follows:
                                                                                                         United States.
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                                                     Authority: 17 U.S.C. 702.                                                                                 ■ a. Redesignate paragraph (b)(4) as
                                                 ■   59. Revise § 205.1 to read as follows:              § 205.2   [Amended]                                   paragraph (c).
                                                                                                         ■ 60. Amend § 205.2 as follows:                       ■ b. In newly redesignated paragraph
                                                 § 205.1   Definitions.                                  ■ a. In paragraph (a), remove ‘‘,                     (c), remove ‘‘these limitations’’ and add
                                                   For the purpose of this part:                         Copyright GC/I&R, P.O. Box 70400,                     in its place ‘‘the limitations set forth in
                                                   Demand means an order, subpoena or                    Washington, DC 20024–0400’’ and add                   paragraph (b) of this section’’ and
                                                 any other request for documents or                      in its place ‘‘at the address specified in            remove ‘‘of this part’’.
                                                 testimony for use in a legal proceeding.                § 201.1(c)(1) of this chapter’’.


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                                                                        Federal Register / Vol. 81, No. 191 / Monday, October 3, 2016 / Proposed Rules                                                67953

                                                 PART 210—COMPULSORY LICENSE                             original mask work elements fixed in a                information maintained under a claim
                                                 FOR MAKING AND DISTRIBUTING                             semiconductor chip product at the time                of trade secrecy blocked out, provided
                                                 PHYSICAL AND DIGITAL                                    that product was first commercially                   that the portions remaining are greater
                                                 PHONORECORDS FOR                                        exploited and in which the owner or                   than those which are blocked out.
                                                 NONDRAMATIC MUSICAL WORKS                               owners of the mask work is or are the                   (ii) The identifying portions shall be
                                                                                                         same.                                                 accompanied by a single photograph of
                                                 ■ 67. The authority citation for part 210                                                                     the top or other visible layers of the
                                                 continues to read as follows:                           *        *   *    *     *
                                                                                                         ■ 74. Amend § 211.5 as follows:                       mask work fixed in a semiconductor
                                                     Authority: 17 U.S.C. 115, 702.                      ■ a. In paragraph (b), remove ‘‘of these              chip product in which the sensitive
                                                                                                         regulations’’ and in paragraph (b)(2)(i),             information maintained under a claim
                                                 § 210.15    [Amended]
                                                                                                         remove the space between ‘‘(b)(1)’’ and               of trade secrecy has been blocked out,
                                                 ■  68. Amend § 210.15 introductory text                 ‘‘(i)’’.                                              provided that the blocked out portions
                                                 by removing the term ‘‘Permanently’’                    ■ b. Revise paragraphs (c)(1) and (2).                do not exceed the remaining portions.
                                                 and adding in its place the term                        ■ c. In paragraph (d), remove
                                                 ‘‘permanently’’.                                                                                              *      *    *     *    *
                                                                                                         ‘‘granted.,’’ and add in its place
                                                 § 210.17    [Amended]                                   ‘‘granted.’’ and remove ‘‘for Registration            PART 212—PROTECTION OF VESSEL
                                                 ■  69. Amend § 210.17 as follows:                       Program, Library of Congress, Copyright               DESIGNS
                                                 ■  a. In paragraph (d)(3)(ix), remove                   Office—RPO, 101 Independence
                                                                                                         Avenue, SE, Washington, DC 20559–                     ■ 75. The authority citation for part 212
                                                 ‘‘Compact’’ and add in its place                                                                              continues to read as follows:
                                                 ‘‘compact’’ and remove ‘‘Limited’’ and                  6200,’’ and add in its place ‘‘of
                                                 add in its place ‘‘limited’’.                           Copyrights and Director of Registration                   Authority: 17 U.S.C. chapter 13.
                                                 ■ b. In paragraph (h), remove ‘‘6’’ from                Policy and Practice, P.O. Box 70400,
                                                                                                                                                               ■  76. Revise the part heading as set forth
                                                 the second sentence and add in its place                Washington, DC 20024–0400,’’.
                                                                                                                                                               above.
                                                 ‘‘six’’.                                                § 211.5   Deposit of identifying material.            ■ 77. In part 212 remove the terms
                                                                                                         *       *    *     *     *                            ‘‘hull’’ and ‘‘hulls’’ each place they
                                                 PART 211—MASK WORK                                                                                            appear.
                                                 PROTECTION                                                 (c) * * *
                                                                                                            (1) Mask works commercially
                                                                                                                                                               § 212.1    [Amended]
                                                 ■  70. The authority citation for part 211              exploited. For commercially exploited
                                                 is revised to read as follows:                          mask works no more than two layers of                 ■  78. Amend § 212.1 by removing
                                                                                                         each five or more layers in the work. In              ‘‘vessel’’ and adding in its place
                                                     Authority: 17 U.S.C. 702, 908.
                                                                                                         lieu of the visually perceptible                      ‘‘vessels’’.
                                                 § 211.1    [Amended]                                    representations required under                        § 212.2    [Amended]
                                                 ■  71. Amend § 211.1 in paragraph (a),                  paragraph (b)(1) of this section,
                                                                                                                                                               ■  79. Amend § 212.2 by removing
                                                 by removing ‘‘shall be addressed to:                    identifying portions of the withheld
                                                                                                                                                               ‘‘vessel’’ and adding in its place
                                                 Library of Congress, Department MW,                     material must be submitted. For these
                                                                                                                                                               ‘‘vessels’’.
                                                 Washington, DC 20540’’ and adding in                    purposes, ‘‘identifying portions’’ shall
                                                 its place ‘‘should be sent to the address               mean:                                                 § 212.3    [Amended]
                                                 specified in § 201.1(b) of this chapter’’.                 (i) A printout of the mask work design             ■ 80. Amend § 212.3 in paragraph (h)
                                                 ■ 73. Amend § 211.4 by revising                         data pertaining to each withheld layer,               introductory text by removing ‘‘6’’ and
                                                 paragraph (b)(1), the introductory text of              reproduced in microform; or                           adding in its place ‘‘six’’.
                                                 paragraph (d), and paragraph (d)(2) to                     (ii) Visually perceptible
                                                 read as follows:                                        representations in accordance with                    § 212.4    [Amended]
                                                                                                         paragraph (b)(1)(i), (ii), or (iii) of this           ■ 81. In paragraph (a)(2), add ‘‘hull’’
                                                 § 211.4 Registration of claims of                       section with those portions containing
                                                 protection in mask works.                                                                                     after ‘‘vessel’’.
                                                                                                         sensitive information maintained under
                                                 *     *      *    *     *                               a claim of trade secrecy blocked out,                 § 212.5    [Amended]
                                                   (b) * * *                                             provided that the portions remaining are              ■ 82. Amend § 212.5 as follows:
                                                   (1) For purposes of registration of                   greater than those which are blocked
                                                 mask work claims, the Register of                                                                             ■ a. In paragraphs (a) through (c),
                                                                                                         out.                                                  remove ‘‘of a vessel’’ and add in its
                                                 Copyrights has designated ‘‘Form MW’’                      (2) Mask work not commercially
                                                 to be used for all applications. Copies of                                                                    place ‘‘of a vessel design’’.
                                                                                                         exploited. (i) For mask works not                     ■ b. In paragraph (d), remove ‘‘to: Dept.
                                                 the form are available free from the                    commercially exploited falling under
                                                 Copyright Office Web site or upon                                                                             D–VH, Vessel Hull Registration, P.O.
                                                                                                         paragraph (b)(2)(i) of this section, any              Box 71380, Washington, DC 20024–
                                                 request to the Copyright Information                    layer may be withheld. In lieu of the
                                                 Section, U.S. Copyright Office, Library                                                                       1380’’ and add in its place ‘‘to the
                                                                                                         visually perceptible representations                  address specified in § 201.1(b)(2) of this
                                                 of Congress, Washington, DC 20559–                      required under paragraph (b)(2) of this
                                                 6000.                                                                                                         chapter’’.
                                                                                                         section, ‘‘identifying portions’’ shall
                                                 *     *      *    *     *                               mean:                                                 § 212.6    [Amended]
                                                   (d) Registration as a single work.                       (A) A printout of the mask work                    ■  83. Amend § 212.6 by removing
                                                 Subject to the exception specified in                   design data pertaining to each withheld               ‘‘design protection of vessel’’ and
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                                                 paragraph (c)(2) of this section, for                   layer, reproduced in microform, in                    adding in its place ‘‘the protection of
                                                 purposes of registration on a single                    which sensitive information maintained                vessel designs’’.
                                                 application and upon payment of a                       under a claim of trade secrecy has been
                                                 single fee, the following shall be                      blocked out or stripped; or                           § 212.8    [Amended]
                                                 considered a single work:                                  (B) Visually perceptible                           ■  84. Amend § 212.8 as follows:
                                                 *     *      *    *     *                               representations in accordance with                    ■  a. In paragraph (c)(1)(iv), remove
                                                   (2) In the case of a mask work that has               paragraph (b)(2)(i) of this section with              ‘‘designers of the vessel’’ and add in its
                                                 been commercially exploited: All                        those portions containing sensitive                   place ‘‘designers of the vessel design’’.


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                                                 67954                  Federal Register / Vol. 81, No. 191 / Monday, October 3, 2016 / Proposed Rules

                                                 ■ b. In paragraph (c)(2), remove ‘‘he’’                 submissions (audio, video, etc.) must be              relations, Operating permits, Reporting
                                                 and add in its place ‘‘the’’ and remove                 accompanied by a written comment.                     and recordkeeping requirements.
                                                 the comma after ‘‘Avenue’’.                             The written comment is considered the                   Dated: September 21, 2016.
                                                                                                         official comment and should include                   Mark Hague,
                                                 PARTS 253, 255, 258, 260–263, and                       discussion of all points you wish to
                                                 270—[REMOVED AND RESERVED]                                                                                    Regional Administrator, Region 7.
                                                                                                         make. The EPA will generally not
                                                                                                                                                               [FR Doc. 2016–23601 Filed 9–30–16; 8:45 am]
                                                 ■ 85. Remove and reserve parts 253,                     consider comments or comment
                                                                                                         contents located outside of the primary               BILLING CODE 6560–50–P
                                                 255, 258, 260, 261, 262, 263, and 270.
                                                                                                         submission (i.e. on the web, cloud, or
                                                   Dated: August 23, 2016.                               other file sharing system). For
                                                 Sarang V. Damle,                                                                                              ENVIRONMENTAL PROTECTION
                                                                                                         additional submission methods, the full
                                                 General Counsel and Associate Register of                                                                     AGENCY
                                                                                                         EPA public comment policy,
                                                 Copyrights, U.S. Copyright Office.                      information about CBI or multimedia                   40 CFR Part 62
                                                 [FR Doc. 2016–20495 Filed 9–30–16; 8:45 am]             submissions, and general guidance on
                                                 BILLING CODE 1410–30–P                                  making effective comments, please visit               [EPA–R08–OAR–2016–0197; FRL–9953–11–
                                                                                                         http://www2.epa.gov/dockets/                          Region 8]
                                                                                                         commenting-epa-dockets.
                                                                                                                                                               Approval and Promulgation of State
                                                 ENVIRONMENTAL PROTECTION                                FOR FURTHER INFORMATION CONTACT:                      Air Quality Plans for Designated
                                                 AGENCY                                                  Larry Gonzalez, Environmental                         Facilities and Pollutants; State of
                                                                                                         Protection Agency, Air Planning and                   Wyoming; Control of Emissions From
                                                 40 CFR Parts 52 and 70                                  Development Branch, 11201 Renner                      Existing Hospital/Medical/Infectious
                                                 [EPA–R07–OAR–2016–0529; FRL–9953–33–                    Boulevard, Lenexa, Kansas 66219 at                    Waste Incinerator Units, Plan Revision
                                                 Region 7]                                               (913) 551–7041, or by email at
                                                                                                         gonzalez.larry@epa.gov.                               AGENCY:  Environmental Protection
                                                 Approval of Missouri’s Air Quality                                                                            Agency (EPA).
                                                                                                         SUPPLEMENTARY INFORMATION: This
                                                 Implementation Plans and Operating                                                                            ACTION: Proposed rule.
                                                                                                         document proposes to take action to
                                                 Permits Program; Greenhouse Gas                         approve revisions to the Missouri Title               SUMMARY:    The Environmental Protection
                                                 Tailoring Rule and Non-Substantive                      V Operating Permits Program and the                   Agency (EPA) proposes to approve a
                                                 Definition and Language Changes                         Missouri SIP. We have published a                     revision to the Wyoming hospital/
                                                 AGENCY:  Environmental Protection                       direct final rule approving the State’s               medical/infectious waste incinerator
                                                 Agency (EPA).                                           SIP revision(s) in the ‘‘Rules and                    (HMIWI) Section 111(d)/129 plan (the
                                                 ACTION: Proposed rule.
                                                                                                         Regulations’’ section of this Federal                 ‘‘plan’’). The revision contains a
                                                                                                         Register, because we view this as a                   modified state rule for solid waste
                                                 SUMMARY:    Environmental Protection                    noncontroversial action and anticipate                combustion that was updated as a result
                                                 Agency (EPA) is proposing to approve                    no relevant adverse comment. We have                  of the October 6, 2009, amendments to
                                                 revisions to the Missouri State                         explained our reasons for this action in              federal emission guidelines (EG) and
                                                 Implementation Plan (SIP) and the 40                    the preamble to the direct final rule. If             New Source Performance Standards
                                                 CFR part 70 operating permits program.                  we receive no adverse comment, we will                (NSPS), 40 CFR part 60, subparts Ce and
                                                 EPA is proposing to approve revisions                   not take further action on this proposed              Ec, respectively. This revision and
                                                 to two Missouri rule(s) entitled,                       rule. If we receive adverse comment, we               approval action relate only to HMIWI
                                                 ‘‘Construction Permits Required,’’ and                  will withdraw the direct final rule and               units.
                                                 ‘‘Operating Permits.’’ This proposed                    it will not take effect. We would address             DATES: Written comments must be
                                                 action is consistent with the July 12,                  all public comments in any subsequent                 received on or before November 2, 2016.
                                                 2013, U.S. Court of Appeals for the                     final rule based on this proposed rule.
                                                                                                                                                               ADDRESSES: Submit your comments,
                                                 District of Columbia and the June 23,                   We do not intend to institute a second
                                                                                                                                                               identified by Docket ID No. EPA–R08–
                                                 2014, U.S. Supreme Court actions                        comment period on this action. Any
                                                                                                                                                               OAR–2016–0377, at http://
                                                 regarding Greenhouse Gas Prevention of                  parties interested in commenting must
                                                                                                                                                               www.regulations.gov. Follow the online
                                                 Significant Deterioration and Title V                   do so at this time. For further
                                                                                                                                                               instructions for submitting comments.
                                                 Permitting. This action makes non-                      information, please see the information
                                                                                                                                                               Once submitted, comments cannot be
                                                 substantive changes to definitions, and                 provided in the ADDRESSES section of
                                                                                                                                                               edited or removed from Regulations.gov.
                                                 language clarifications.                                this document.
                                                                                                                                                               The EPA may publish any comment
                                                 DATES: Comments must be received by                     List of Subjects                                      received to its public docket. Do not
                                                 November 2, 2016.                                                                                             submit electronically any information
                                                                                                         40 CFR Part 52
                                                 ADDRESSES: Submit your comments,                                                                              you consider to be Confidential
                                                 identified by Docket ID No. EPA–R07–                      Environmental protection, Air                       Business Information (CBI) or other
                                                 OAR–2016–0529, http://                                  pollution control, Carbon monoxide,                   information whose disclosure is
                                                 www.regulations.gov. Follow the online                  Incorporation by reference,                           restricted by statute. Multimedia
                                                 instructions for submitting comments.                   Intergovernmental relations, Lead,                    submissions (audio, video, etc.,) must be
                                                 Once submitted, comments cannot be                      Nitrogen dioxide, Ozone, Particulate                  accompanied by a written comment.
rmajette on DSK2TPTVN1PROD with PROPOSALS




                                                 edited or removed from Regulations.gov.                 matter, Reporting and recordkeeping                   The written comment is considered the
                                                 The EPA may publish any comment                         requirements, Sulfur oxides, Volatile                 official comment and should include
                                                 received to its public docket. Do not                   organic compounds.                                    discussion of all points you wish to
                                                 submit electronically any information                                                                         make. The EPA will generally not
                                                                                                         40 CFR Part 70
                                                 you consider to be Confidential                                                                               consider comments or comment
                                                 Business Information (CBI) or other                       Environmental protection,                           contents located outside of the primary
                                                 information whose disclosure is                         Administrative practice and procedure,                submission (i.e., on the web, cloud, or
                                                 restricted by statute. Multimedia                       Air pollution control, Intergovernmental              other file sharing system). For


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Document Created: 2018-02-13 14:11:36
Document Modified: 2018-02-13 14:11:36
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesWritten comments must be received no later than 11:59 p.m. Eastern Time on November 2, 2016.
ContactSarang V. Damle, General Counsel and Associate Register of Copyrights, [email protected]; Regan A. Smith, Associate General Counsel, [email protected]; or Erik Bertin, Deputy Director of Registration Policy and Practice, [email protected] Each person can be reached by telephone at 202-707-8040.
FR Citation81 FR 67940 
CFR Citation37 CFR 201
37 CFR 202
37 CFR 203
37 CFR 204
37 CFR 205
37 CFR 210
37 CFR 211
37 CFR 212
37 CFR 253
37 CFR 255
37 CFR 258
37 CFR 260
37 CFR 261
37 CFR 262
37 CFR 263
37 CFR 270
CFR AssociatedCopyright; General Provisions; Preregistration and Registration of Claims to Copyright; Freedom of Information; Privacy; Legal Processes; Phonorecords; Recordings; Mask Work; Design; Vessel Hulls; Registration; Public Broadcasting Entities; Radio; Television; Music; Satellite; Rates; Digital Audio Transmissions; Performance Right and Sound Recordings

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