81 FR 86656 - Supplementary Registration
LIBRARY OF CONGRESS
Copyright Office Federal Register Volume 81, Issue 231 (December 1, 2016)
Copyright Office
Federal Register Volume 81, Issue 231 (December 1, 2016)
| Page Range | 86656-86662 | |
| FR Document | 2016-28701 |
[Federal Register Volume 81, Number 231 (Thursday, December 1, 2016)] [Proposed Rules] [Pages 86656-86662] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-28701] ----------------------------------------------------------------------- LIBRARY OF CONGRESS Copyright Office 37 CFR Parts 201, 202 [Docket No. 2016-9] Supplementary Registration AGENCY: U.S. Copyright Office, Library of Congress. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: The U.S. Copyright Office is proposing to amend the regulation governing supplementary registration to reflect certain technical upgrades that will soon be made to the electronic [[Page 86657]] registration system. In most cases applicants will be required to submit an online application in order to correct or amplify the information set forth in a basic registration. This will increase the efficiency of the supplementary registration process for both applicants and the Office alike. In addition, the Office is amending the regulation to codify and update certain practices that are set forth in the Compendium of U.S. Copyright Office Practices, Third Edition and to improve the readability of the regulation. DATES: Comments on the proposed rule must be made in writing and must be received in the U.S. Copyright Office no later than January 3, 2017. ADDRESSES: For reasons of government efficiency, 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/supplementary-registration/. If electronic submission of comments is not feasible due to lack of access to a computer and/or the Internet, please contact the Office using the contact information below for special instructions. FOR FURTHER INFORMATION CONTACT: Robert J. Kasunic, Associate Register and Director of Registration Policy and Practice, by telephone at (202) 707-8040; or Erik Bertin, Deputy Director of Registration Policy and Practice, by telephone at 202-707-8040. SUPPLEMENTARY INFORMATION: I. Background Section 408(d) of the Copyright Act authorizes the Register of Copyrights (the ``Register'') to establish ``formal procedures for the filing of an application for supplementary registration.'' 17 U.S.C. 408(d). A supplementary registration is a special type of registration that may be used ``to correct an error in a copyright registration or to amplify the information given in a registration.'' Id. Specifically, it identifies an error or omission in an existing registration (referred to herein as a ``basic registration'') and places the corrected information or additional information in the public record. When the U.S. Copyright Office (the ``Office'') issues a supplementary registration, it does not cancel or replace the basic registration or the registration number for that registration. Likewise, the Office does not change the information set forth in the basic registration or the public record for that registration. Instead, as specified by statute, the basic registration and the supplementary registration coexist with each other in the public record, and ``the information contained in a supplementary registration augments but does not supersede that contained in the earlier registration.'' Id. II. The Proposed Rule A. Application for Supplementary Registration 1. Online Registration The Office is proposing to amend the regulation that governs the procedure for seeking a supplementary registration (the ``Proposed Rule''). Under the Proposed Rule, in most cases, applicants will be required to file an online application in order to correct or amplify the information set forth in a basic registration. The Office has allowed and encouraged applicants to register their works through the electronic registration system since 2007. See 72 FR 36883 (July 6, 2007). When the Office introduced this system, it could be used only to seek a basic registration. To seek a supplementary registration, applicants had to submit a paper application using Form CA. 37 CFR 201.5(c)(1), (c)(2). In February 2015 the Office completed a comprehensive analysis of its electronic registration system with input from technical experts and stakeholders. This analysis will support the Office's long-term goals of creating both a better interface and a better public record. See U.S. Copyright Office, Office of the Chief Information Officer, Report and Recommendations of the Technical Upgrades Special Project Team (Feb. 2015), available at http://copyright.gov/docs/technical_upgrades/usco-technicalupgrades.pdf; see also 78 FR 17722 (Mar. 22, 2013). In December 2015 the Register issued a strategic plan that sets forth the Office's performance objectives for the next five years. The plan provides a roadmap for re-envisioning almost all of the services that the Office provides, including how applicants register claims, submit deposits, record documents, share data, and access expert resources. With respect to information technology, the plan calls for ``a robust and flexible technology enterprise that is dedicated to the current and future needs of a modern copyright agency.'' U.S. Copyright Office, Strategic Plan 2016- 2020: Positioning the United States Copyright Office for the Future, at 35 (Dec. 1, 2015), available at http://www.copyright.gov/reports/strategic-plan/sp2016-2020.html. At the direction of Congress,\1\ the Office has also developed a detailed IT plan, and obtained public comments on specific strategies, costs, and timelines for technology objectives. U.S. Copyright Office, Provisional Information Technology Modernization Plan and Cost Analysis (Feb. 29, 2016), available at http://copyright.gov/reports/itplan/. --------------------------------------------------------------------------- \1\ H.R. Rep. No. 114-110, at 16-17 (2015). --------------------------------------------------------------------------- In the meantime, the Office has made some enhancements to the current system that will improve the versatility of the supplementary registration process. Under the Proposed Rule, applicants will be required to use the online registration system to file a supplementary registration for any types of works that are capable of being registered through the electronic system. This online filing requirement will thus apply to supplementary registrations for literary works (e.g., fiction, nonfiction, poetry, etc.), single issues of a serial publication (e.g., periodicals, magazines, newsletters, journals, etc.), works of the visual arts (e.g., photographs, maps, technical drawings, etc.), works of the performing arts (e.g., musical works, dramatic works, choreographic works, pantomimes, motion pictures and other audiovisual works, etc.), and sound recordings. See 37 CFR 202.3(b). The online filing requirement will also extend to supplementary registrations for collective works, works registered under the unit of publication option, and works registered as an unpublished collection. See 37 CFR 202.3(b)(4). It will also apply to supplementary registrations for groups of serials,\2\ newspapers, or newsletters,\3\ groups of published photographs,\4\ or groups of [[Page 86658]] updates and revisions to a photographic database.\5\ In the near future, the online filing requirement will apply to supplementary registrations for groups of unpublished photographs,\6\ and groups of contributions to periodicals.\7\ If the Office subsequently decides to move registrations for other classes of works into the electronic system, supplementary registrations for those works will also be subject to this same requirement. In short, use of the online supplementary registration application will be required for most works. Moreover, applicants will generally be required to use the online registration system to file a supplementary registration even if the work was originally registered using a paper application.\8\ Instructions for completing the online application will be provided in the electronic system and in Chapter 1800 of the Compendium of U.S. Copyright Office Practices, Third Edition (hereinafter ``Compendium'').\9\ --------------------------------------------------------------------------- \2\ See 37 CFR 202.3(b)(6)(v). \3\ Although the current regulations state that an application for a group of newspaper or newsletter issues must be submitted with a paper application, the Office is able to process these types of claims through the electronic registration system, and has in fact been doing so since December 14, 2012. See 37 CFR 202.3(b)(7)(i)(B), (9)(viii). The Office intends to amend the regulations in a future rulemaking to reflect these recent upgrades. \4\ In 2012 the Office issued an interim regulation that established a pilot program for applicants that register large numbers of photographs using the group option for published photographs (referred to herein as ``GRPPH'') and the group option for photographic databases. 76 FR 4072, 4074, 4075 (Jan. 24, 2011). Applicants that participate in the pilot program may submit their photographs through the electronic system, provided that they obtain prior authorization from the Visual Arts Division and follow the instructions from that Division concerning the information that should be included in the application. 37 CFR 202.3(b)(10)(xi). While the pilot program was well-intentioned, it has been extremely burdensome for both applicants and the Office. Therefore, the Office is issuing a separate notice of proposed rulemaking (published elsewhere in this volume of the Federal Register, and referred to herein as the ``Photo Rulemaking'') that will modify the regulation that governs GRPPH. Among other changes, the rule proposed in the Photo Rulemaking will require applicants to submit an online application specifically designed for GRPPH claims, instead of submitting their photographs through the pilot program. (By contrast, the pilot program for photographic databases will remain in effect--at least for the time being.) \5\ Applicants may register a photographic database through the electronic system by participating in the pilot program mentioned in footnote 4. 76 FR at 4074, 4075; 37 CFR 202.3(b)(5)(ii)(A). \6\ The rule proposed in the Photo Rulemaking will establish a new group registration option for unpublished photographs (referred to herein as ``GRUPH''). In order to use this option, applicants will be required to submit an online application specifically designed for GRUPH claims, instead of submitting a paper application. \7\ The Office is issuing a separate notice of proposed rulemaking (published elsewhere in this volume of the Federal Register, and referred to herein as the ``GRCP Rulemaking'') on a proposed rule that will modify the group option for contributions to periodicals (``GRCP''). Among other changes, the rule proposed in the GRCP Rulemaking will require applicants to submit an online application specifically designed for GRCP claims, instead of submitting a paper application. \8\ As discussed above in footnote 4, the rule proposed in the Photo Rulemaking will modify the requirements for registering a group of published photographs. Among other things, applicants will be allowed to submit no more than 750 photographs with each application. The limit on the number of photographs, in turn, will affect the procedure for correcting or amplifying an existing registration for a group of published photographs. If the basic registration covers 750 photographs or less, the applicant will be able to correct or amplify the registration record with a single supplementary registration. By contrast, multiple supplementary registrations may be needed in cases where the basic registration had been issued before the issuance of a final rule in the Photo Rulemaking and where the basic registration covers more than 750 photographs. \9\ Under the Proposed Rule, applicants will be required to obtain prior authorization and instructions from the Visual Arts Division if they intend to correct or amplify the information set forth in a basic registration for a photographic database. This is due to the fact that a supplementary registration for a photographic database will be processed under the pilot program mentioned in footnote 4. The Visual Arts Division will continue to monitor claims submitted under this program to ensure that applicants complete the online application in an appropriate manner. --------------------------------------------------------------------------- Once the Proposed Rule goes into effect, applicants will not be allowed to submit a paper application on Form CA to correct or amplify the basic registration for any types of works that are capable of being registered through the electronic system. If the Office receives such a paper application, it will ask the applicant to resubmit the claim using the online application. To correct or amplify the registration record for works that cannot be registered through the electronic system, applicants will be required to submit a paper application using Form CA.\10\ This includes group registrations issued under 37 CFR 202.3(b)(5) for a database that does not consist predominantly of photographs,\11\ and GATT registrations issued under 37 CFR 202.12 for a foreign work restored to copyright protection under the Uruguay Round Agreements Act.\12\ It also includes a renewal registration for a work registered or first published before January 1, 1978.\13\ While instructions for completing Form CA are provided with Form CA and in section 1802.8 of the Compendium, the specific requirements for the paper application will no longer be listed in the regulation itself. --------------------------------------------------------------------------- \10\ A supplementary registration cannot be used to correct or amplify the registration record for a vessel design or a mask work. The Office has no authority and no procedure for correcting substantive errors in these types of registrations. See 17 U.S.C. 1319; see also 71 FR 46402 (Aug. 14, 2006). However, if the applicant made a clerical or typographical error in an application for a vessel design, the owner of the registered design or its duly authorized agent may be able to correct the error by submitting an application for a certificate of correction using Form DC. See 37 CFR 212.8(a)(3), (c)(2). \11\ Currently, applicants must submit these types of claims using a paper application ``that best reflects the subject matter of the material in the database.'' 37 CFR 202.3(b)(5)(ii)(A). \12\ Currently, applicants must submit these types of claims using a paper application submitted on Form GATT. 37 CFR 202.12(c)(2). \13\ Currently, applicants must submit these types of claims using a paper application submitted on Form RE. 37 CFR 202.17(g)(1). --------------------------------------------------------------------------- 2. Policy Considerations Supporting Online-Only Registration A substantial majority of the U.S. population has access to the internet,\14\ and the Office expects that most copyright owners will be able to use the electronic registration system.\15\ However, the Office recognizes that millions of Americans do not have broadband service, and that the Proposed Rule may impose a burden on copyright owners who fall within this segment of the population.\16\ Nevertheless, the Office believes that the benefits of phasing-out the paper application and replacing it with an online application outweigh the potential burden on copyright owners who do not have direct access to the internet. --------------------------------------------------------------------------- \14\ The Pew Research Center found that 84% of adults use the internet, including 85% of the people in urban and suburban communities and 78% of the people in rural communities. Pew Research Center, Americans' Internet Access: 2000-2015 (June 26, 2015), available at http://www.pewinternet.org/2015/06/26/americans-internet-access-2000-2015/c. \15\ Approximately 94% of the claims filed in fiscal year 2015 were submitted through the electronic system, while 6% of the claims were submitted with a paper application. \16\ The Federal Communications Commission (``FCC'') reported that 17% of the population does not have access to a broadband service with connection speeds of twenty-five megabits per second (``mbps'') for downloads and three mbps for uploads. This figure includes 8% of the people who live in urban areas, 53% of the people in rural areas, and 63% of the people in U.S. territories and Tribal lands. Federal Communications Commission, 2015 Broadband Progress Report at 4 (Jan. 29, 2015), available at https://www.fcc.gov/reports/2015-broadband-progress-report. --------------------------------------------------------------------------- Paper applications are extremely burdensome for both applicants and the Office. Describing an error or omission in a basic registration can be tedious and time consuming, especially when the applicant needs to make a significant number of changes to the registration record. The Office routinely receives applications that are hundreds of pages long, such as when a stock photography company wants to add thousands of titles to the record for a photographic database. Examining these applications imposes tremendous burdens on the Office, because each correction or amplification must be copied from Form CA and entered into the record by hand. In some cases, registration specialists have spent several days on a single application. This increasing demand on the Office's limited resources causes delays in issuing supplementary registrations, and it prevents specialists from examining other types of claims thereby increasing the overall backlog within the Office. If a copyright owner does not have broadband at home, at the home of a relative, friend, or neighbor, or at his place of employment, there are other options for submitting an application for supplementary registration. If the copyright owner has a tablet or laptop, he could complete and submit the online application at a coffee shop, a [[Page 86659]] bookstore, or any other place where wi-fi or cellular service is available.\17\ He also could log onto the electronic registration system by going to a public library that provides computers with internet access. --------------------------------------------------------------------------- \17\ When filing an application for a supplementary registration there is no need to upload a copy of the work that is covered by the basic registration. Thus, applicants will be able to submit these types of claims with a tablet or other wi-fi enabled device. In some cases, the registration specialist may need to compare the information provided in the application for supplementary registration with the copy of the work that was submitted with the application for the basic registration. For instance, this may be necessary if the supplementary registration changes the publication status of the work or adds additional authors to the registration record. If the Office does not have a copy of the work in its possession, the registration specialist may ask the applicant to submit a replacement copy. See Compendium section 1802.9(C). But in all cases, the replacement copy could be sent by first class mail, courier, or hand delivery; the copy does not need to be uploaded to the electronic system (though this would be an option if the applicant has broadband service). --------------------------------------------------------------------------- In the alternative, the copyright owner could hire an attorney to submit the application on his behalf, either by paying for the attorney's services or by obtaining pro bono representation.\18\ The Office also notes that a number of companies will prepare and submit an application for a fee. These companies typically provide this service for copyright owners seeking a basic registration, but they could conceivably expand their offering to include supplementary registrations. --------------------------------------------------------------------------- \18\ The Office does not require applications to be prepared or submitted by an attorney. In certain special cases the Office may suggest that the copyright owner consider seeking legal advice, but the Office does not furnish the names of copyright attorneys, publishers, agents, or other similar information. See 37 CFR 201.2(a)(2). --------------------------------------------------------------------------- For the foregoing reasons, the Office believes that requiring applicants to use the online application is a reasonable trade-off for improving the overall efficiency of the supplementary registration process. The Office invites comment on this proposal, including whether the Office should eliminate the paper application for seeking a supplementary registration, phase out this option after a specified period of time, or continue to offer this option for applicants who prefer to use the paper-based system. B. Fees Under the Proposed Rule, the applicant will be required to pay the same filing fee, regardless of whether the application is submitted through the electronic registration system or on Form CA. In addition, the applicant may be required to pay a fee to locate and obtain a copy of the basic registration that is referenced in the application. Each of these fees is discussed below. 1. Filing Fee In 2012 the Office conducted a study pursuant to section 708 of the Copyright Act, which authorizes the Register to establish, adjust, and recover fees for certain services that the Office provides to the public. After reviewing its costs, the Office decided to increase the filing fee for a supplementary registration from $100 to $130.\19\ The Office explained that paper applications ``are considerably less efficient than electronic registration'' and that the prior fee did not offset a sufficient percentage of the costs associated with these types of claims. U.S. Copyright Office, Proposed Schedule and Analysis of Copyright Fees To Go Into Effect On Or About April 1, 2014, at 18 (Nov. 14, 2013), available at http://www.copyright.gov/docs/newfees/USCOFeeStudy-Nov13.pdf. For example, in Fiscal Year 2011 the filing fee for a supplementary application was $100, but the actual cost of processing these claims was $184 per application. Id. Appendix B. --------------------------------------------------------------------------- \19\ This increase went into effect on May 1, 2014. --------------------------------------------------------------------------- Section 708(b) authorizes the Register to adjust the fees that the Office charges for certain services (including the fee for seeking a supplementary registration), but before doing so the Register must conduct a study of the costs incurred by the Office for registering claims, recording documents, and providing other services. In conducting this study, the Register must consider the timing of any fee adjustments and the Office's authority to use the fees consistent with its budget. 17 U.S.C. 708(b)(1). Section 708(b) provides that the Register may adjust these fees no ``more than necessary to cover the reasonable costs incurred by the Copyright Office for . . . [such services], plus a reasonable inflation adjustment to account for any estimated increase in costs.'' 17 U.S.C. 708(b)(2). It also provides that the Office must submit a proposed fee schedule to Congress and that the Office may implement the schedule 120 days thereafter (unless Congress enacts a law stating that it does not approve the schedule). 17 U.S.C. 708(b)(5). Once the Proposed Rule has been implemented, the Office will monitor the cost of processing supplementary claims to determine if future fee adjustments may be warranted or if the Office should charge a different fee for claims submitted through the electronic registration system and claims submitted on Form CA. The Office will use this information in conducting its next fee study. 2. Fee for Additional Certificate of Registration When the Office receives an application for a supplementary registration, the registration specialist will compare the information set forth in the application with the information set forth in the basic registration. If the Office has made a digital copy of the certificate of registration, the specialist may be able to conduct his or her review without obtaining a physical copy of the certificate.\20\ If the certificate has not been digitized, the specialist will ask the applicant to submit a copy of the certificate. If the applicant is unable to do so, the Office will charge an additional fee to make a copy of the basic registration in order to conduct the requisite review.\21\ --------------------------------------------------------------------------- \20\ The Office has digitized the certificates of registration for claims registered between 1994 and the present. Certificates issued before that year may be stored in electronic form, on microfilm, in bound volumes, or in other physical formats. \21\ The current fee for obtaining an additional copy of a certificate of registration is $40 (http://copyright.gov/docs/fees.html). --------------------------------------------------------------------------- C. Examination Practices The Proposed Rule also updates examination practices in several areas, including, among other things, to reflect changes to the Compendium of Copyright Office Practices, to update rules regarding when supplementary registration will be declined, and to update practices regarding cross-references in the Office's public record. Changes to Reflect Compendium. The Compendium is the manual of the Register of Copyrights setting forth and explaining key administrative 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, as well as a guidebook for authors, copyright licensees, practitioners, scholars, the courts, and members of the general public. In 2014 the Office released a comprehensive revision of the Compendium that makes the Office's practices more accessible and transparent to the public, and sets the stage for a number of long-term improvements in registration and recordation policy. See 79 FR 78911 (Dec. 31, 2014). The Proposed Rule updates a number of practices that are reflected in the Compendium.\22\ It clarifies that the Office may issue a supplementary registration to correct an error in a basic registration issued on or after January 1, 1978, or a renewal registration for a work that was registered or first [[Page 86660]] published on or before December 31, 1977. See Compendium section 1802.3. --------------------------------------------------------------------------- \22\ Corresponding changes will be made to the Compendium when the Proposed Rule goes into effect. --------------------------------------------------------------------------- Updating Rules for When Supplementary Registration Will Be Denied. The Proposed Rule also clarifies that the Office may decline to issue a supplementary registration for a basic registration that covered the first twenty-eight years of the copyright term, because any registration issued before January 1, 1978 has expired by now.\23\ See id. section 1802.4. Allowing interested parties to correct or amplify the information in a registration after the initial term expired creates a potential for error, mistake, or even fraud. This could have significant consequences in a legal dispute, given that a certificate of registration may create an evidentiary presumption concerning the facts stated in the certificate.\24\ 17 U.S.C. 410(c). Therefore, the Proposed Rule explains that the Office may issue a supplementary registration for a basic registration that covered the first twenty- eight years of the copyright term only in exceptional circumstances, if the proposed correction or amplification is supported by clear, convincing, and objective documentation. In this respect, the Proposed Rule tracks a similar provision in the current regulation that specifies when the Office may issue a supplementary registration for a basic renewal registration.\25\ --------------------------------------------------------------------------- \23\ Registrations issued under the 1909 Act expired at the end of the first twenty-eight years of the copyright term. If the copyright was renewed, the renewal registration expired at the end of the renewal term. \24\ For similar reasons, the Proposed Rule clarifies that the Copyright Office will not issue a supplementary registration for a registration that has been cancelled. Cancellation is an administrative procedure for invalidating a registration that has been issued by the Office. The Office has the authority to cancel a registration if ``the material deposited does not constitute copyrightable subject matter'' or if ``the claim is invalid for any other reason.'' 17 U.S.C. 410(b). It also has the authority to cancel a registration if the registration was made in error or if it was issued in the wrong class or series. See generally 37 CFR 201.7. \25\ 37 CFR 201.5(b)(2)(iv). In addition, the Proposed Rule removes a sentence from this provision which states that the Office may correct an error in a renewal registration if the Office received an application for supplementary registration in the last year of the first twenty-eight years of the copyright term. This sentence is no longer needed now that the deadline for submitting such claims has passed. --------------------------------------------------------------------------- Cross-references to Basic Registration. Under the current regulations, when the Office issues a supplementary registration, it will cross-reference the records for the supplementary registration and the basic registration only if the application for supplementary registration was submitted by or on behalf of the copyright claimant named in the basic registration.\26\ See 37 CFR 201.5(b)(1) n.1. If the application was submitted by or on behalf of any other party, the records will not be cross-referenced with each other. See Compendium section 1802.1. --------------------------------------------------------------------------- \26\ Specifically, the Office will place a note in the record for the basic registration that identifies the registration number and the effective date of registration for the supplementary registration, and it will place a corresponding note in the record for the supplementary registration that identifies the registration number and the year of registration for the basic registration. See Compendium section 1802.1. --------------------------------------------------------------------------- After further consideration, the Office has concluded that these cross-references should be included regardless of who has submitted the application for supplementary registration. This amendment will improve the accuracy and usefulness of the public record by making it easier to find supplementary registrations that may contain additional information pertaining to the basic registration (regardless of who submitted the application for supplementary registration). If an interested party wishes to identify the person who made the correction or amplification, that information can be obtained by reviewing the records for the supplementary registration.\27\ --------------------------------------------------------------------------- \27\ The Proposed Rule retains the requirement that an application for a supplementary registration must be submitted by an author of the work, a claimant of the work, an owner of any of the exclusive rights in the work, or a duly authorized agent of any of the foregoing parties. 37 CFR 201.5(b)(1). --------------------------------------------------------------------------- Clarifying Relationship Between Basic and Supplementary Registration. An additional change is being made to clarify the nature of a supplementary registration. As a general rule, the Office will issue only one registration for each work--meaning that the Office will issue one basic registration for a particular work, but will not issue additional basic registrations once the first basic registration has been made. See Compendium section 510. There are several exceptions to this rule, which are set forth in 37 CFR 202.3(b)(11)(i)-(iv). One of the exceptions relates to supplementary registrations, stating that ``[s]upplementary registrations may be made . . . to correct or amplify the information in a registration made under this section.'' \28\ This erroneously suggests, however, that supplementary registrations are treated as basic registrations. The Proposed Rule will accordingly remove this exception; because a supplementary registration is not considered a basic registration, there is no limit on the number of supplementary registrations that may be issued for a particular basic registration, and in any event, the Office does not view supplementary registration as an exception to the general rule against issuing one basic registration per work. --------------------------------------------------------------------------- \28\ 37 CFR 202.3(b)(11)(iv). --------------------------------------------------------------------------- Certification that Applicant Has Reviewed Basic Registration. It has come to the Office's attention that applicants often submit an application for supplementary registration without reviewing the information that is set forth in the basic registration. In some cases, applicants review the records that are posted in the Office's online database, but those records do not contain all the information that is set forth in the certificate of registration for a particular work. This may create a discrepancy between the registration record and the changes proposed in the application for supplementary registration. This complicates the examination of the claim, which, in turn, delays the issuance of the supplementary registration. The Proposed Rule addresses this issue by requiring applicants to sign a certification stating that they reviewed the certificate of registration for the basic registration before submitting the application for supplementary registration.\29\ If the applicant does not have a copy of the certificate, he or she may obtain a copy from the Record Research and Certification Section by following the procedure set forth in section 2408 of the Compendium. If it appears that the applicant did not review the basic registration before seeking a supplementary registration, the Office may ask the applicant to resubmit the application or may refuse registration. --------------------------------------------------------------------------- \29\ If the applicant fails to sign the certification in the online application, the application will not be accepted by the electronic registration system. If the applicant fails to sign the certification on Form CA, the registration specialist will communicate with the applicant. --------------------------------------------------------------------------- Referral Procedure for Office Error. Finally, the Proposed Rule clarifies that if an error in a basic registration was caused by the Office's own action, it will correct that error on its own initiative through an internal procedure known as a ``referral.'' In such cases, there is no need to seek a supplementary registration, and there is no fee for referral. See Compendium section 1804. It also clarifies that the referral procedure does not apply if the error was caused by the applicant's action--even if the examiner should have recognized that error when he or she examined the claim. In such cases, the Office will correct the error only if the applicant submits an application for [[Page 86661]] a supplementary registration together with the appropriate filing fee. D. Technical Amendments The Proposed Rule will improve the readability of the regulation by reorganizing or revising awkward provisions, and by adopting the appropriate format for providing cross-references within the Code of Federal Regulations (as recommended by the Federal Register Document Drafting Handbook).\30\ In all cases, these technical amendments are intended to clarify the existing regulation, but they do not represent a substantive change in policy. --------------------------------------------------------------------------- \30\ The regulation repeatedly states that title 17 of the United States Code was ``amended by Pub. L. 94-553.'' The Office recently issued a notice of proposed rulemaking that would remove this phrase. See 81 FR 67940, 67944 (Oct. 3, 2016). --------------------------------------------------------------------------- III. Conclusion The Proposed Rule will increase the efficiency of the supplementary registration process and create a more robust record of the claim. The Office invites public comment on these proposed changes. List of Subjects in 37 CFR Part 201 Copyright, General provisions. Proposed Regulations For the reasons set forth in the preamble, the Copyright Office proposes amending 37 CFR parts 201 and 202 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. 0 2. Amend Sec. 201.3 by revising paragraph (c)(9) to read as follows: Sec. 201.3 Fees for registration, recordation, and related services, special services, and services performed by the Licensing Division. * * * * * (c) * * * ------------------------------------------------------------------------ ------------------------------------------------------------------------ (9) Registration of a correction or amplification to a claim: (i) Supplementary registration: electronic filing or paper filing 130 (ii) Correction of a design registration (Form DC)............... 100 ------------------------------------------------------------------------ * * * * * 0 3. Revise Sec. 201.5 to read as follows: Sec. 201.5 Supplementary registration. (a) General. This section prescribes conditions relating to the filing of an application for supplementary registration under section 408(d) of title 17 of the United States Code to correct an error in a copyright registration or to amplify the information given in a registration. No correction or amplification of the information in a basic registration will be made except pursuant to the provisions of this section. As an exception, where it is discovered that a basic registration contains an error caused by the Copyright Office's own action, the Office will take appropriate measures to rectify its mistake. (b) Definitions. (1) A basic registration means any of the following: (i) A copyright registration made under sections 408, 409, and 410 of title 17 of the United States Code; (ii) A renewal registration made under section 304 of title 17 of the United States Code; or (iii) A copyright registration or a renewal registration made under title 17 of the United States Code as it existed before January 1, 1978. (2) A supplementary registration means a registration issued under section 408(d) of title 17 of the United States Code and the provisions of this section. (c) Persons entitled to file an application for supplementary registration. Supplementary registration can be made only if a basic copyright registration for the same work has already been completed. After a basic registration has been completed, any author or other copyright claimant of the work, or the owner of any exclusive right in the work, or the duly authorized agent of any such author, other claimant, or owner, who wishes to correct or amplify the information given in the basic registration for the work may file an application for supplementary registration. (d) Basis for issuing a supplementary registration. (1) Supplementary registration may be made either to correct or to amplify the information in a basic registration. (2) A correction is appropriate if information in the basic registration was incorrect at the time that basic registration was made. (3) An amplification is appropriate: (i) To supplement or clarify the information that was required by the application for the basic registration and should have been provided, such as the identity of a co-author or co-claimant, but was omitted at the time the basic registration was made; or (ii) To reflect changes in facts, other than those relating to transfer, license, or ownership of rights in the work, that occurred since the basic registration was made. (4) Supplementary registration is not appropriate: (i) To reflect a change in ownership that occurred on or after the effective date of the basic registration or to reflect the division, allocation, licensing or transfer of rights in a work; (ii) To correct errors in statements or notices on the copies of phonorecords of a work, or to reflect changes in the content of a work; or (iii) To correct or amplify the information set forth in a basic registration that has been cancelled under Sec. 201.7. (5) If an error or omission in a basic renewal registration is extremely minor, and does not involve the identity of the renewal claimant or the legal basis of the claim, supplementary registration may be made at any time. In an exceptional case, however, supplementary registration may be made to correct the name of the renewal claimant and the legal basis of the claim if clear, convincing, and objective documentation is submitted to the Copyright Office which proves that an inadvertent error was made in failing to designate the correct living statutory renewal claimant in the basic renewal registration. (6) In general, the Copyright Office will not issue a supplementary registration for a basic registration made under title 17 of the United States Code as it existed before January 1, 1978. In an exceptional case, the Copyright Office may issue a supplementary registration for such a registration, if the correction or amplification is supported by clear, convincing, and objective documentation. (e) Application for supplementary registration. (1) To seek a supplementary registration for a work registered in Class TX, PA, VA, SR, or SE, an unpublished collection or a unit of publication registered under Sec. 202.3(b)(4)(i) of this chapter, or a group of related works registered under Sec. 202.3(b)(6) through (10) or Sec. 202.4 of this chapter, an applicant must complete and submit the online application designated for supplementary registration. (2) To seek a supplementary registration for a database that consists predominantly of photographs registered under Sec. 202.3(b)(5) of this chapter, an applicant must complete and submit the online application designated for supplementary registration after consultation with and under the direction of the Visual Arts Division. (3) To seek a supplementary registration for a restored work registered under Sec. 202.12 of this [[Page 86662]] chapter, a database that does not consist predominantly of photographs registered under Sec. 202.3(b)(5) of this chapter, or a renewal registration, an applicant must complete and submit a paper application using Form CA. (4) Before submitting the application, the applicant must sign a certification stating that the applicant reviewed a copy of the certificate of registration for the basic registration that will be corrected or amplified by the supplementary registration. To obtain a copy of the certificate, the applicant may submit a written request to the Records Research and Certification Section using the procedure set forth in Chapter 2400 of the Compendium of U.S. Copyright Office Practices, Third Edition. (5) The appropriate filing fee, as required by Sec. 201.3(c), must be included with the application or charged to an active deposit account. At the Office's discretion, the applicant may be required to pay an additional fee to make a copy of the certificate of registration for the basic registration that will be corrected or amplified by the supplementary registration. (6) Copies, phonorecords, or supporting documents cannot be made part of the record for a supplementary registration and should not be submitted with the application. (f) Effect of supplementary registration. (1) When the Copyright Office completes a supplementary registration, it will issue a certificate of supplementary registration bearing a new registration number in the appropriate class. The Office will cross-reference the records for the basic registration and the supplementary registration by placing a note in each record that identifies the registration number and effective date of registration for the related registration. (2) As provided in section 408(d) of title 17 of the United States Code, the information contained in a supplementary registration augments but does not supersede that contained in the basic registration. The basic registration will not be expunged or cancelled. PART 202--PREREGISTRATION AND REGISTRATION OF CLAIMS TO COPYRIGHT 0 4. The authority citation for part 202 continues to read as follows: Authority: 17 U.S.C. 408(f), 702. Sec. 202.3 Registration of copyright. 0 5. Amend Sec. 202.3 as follows: 0 a. In paragraph (b)(11)(iii), remove the phrase ``by that applicant; and'' and add in its place ``by that applicant.'' 0 b. Remove paragraph (b)(11)(iv). Dated: November 22, 2016. Sarang V. Damle, General Counsel and Associate Register of Copyrights. [FR Doc. 2016-28701 Filed 11-30-16; 8:45 am] BILLING CODE 1410-30-P
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The numbered list must be contained in system together with the required digital form in one of the following
an electronic file in Excel format (.xls), numbered list, preferably in a .zip file formats: JPEG, GIF, TIFF, or PCD. In
Portable Document Format (PDF), or containing all the photographs. The file addition, the applicant must submit a
other electronic format approved by the size for each uploaded file must not sequentially numbered list containing
Office, and the file name for the list exceed 500 megabytes; the photographs the title and file name—and if the
must contain the title of the group and may be compressed to comply with this photographs have been published, the
the case number assigned to the requirement. Alternatively, the month and year of publication—for each
application by the electronic registration photographs and the required numbered photograph in the group. The title and
system (e.g., ‘‘Title Of Group Case list may be saved on a physical storage file name for a particular photograph
Number 16283927239.xls’’). device, such as a flash drive, CD–R, or may be the same and may consist of
(j) Group registration of published DVD–R, and delivered to the Copyright letters, numbers, and spaces, but the file
photographs. Pursuant to the authority Office together with the required name should not contain any other form
granted by 17 U.S.C. 408(c)(1), the shipping slip generated by the of punctuation. The numbered list must
Register of Copyrights has determined electronic registration system. be contained in an electronic file in
that a group of published photographs (11) The applicant must submit a Excel format (.xls), Portable Document
may be registered in Class VA with one sequentially numbered list containing Format (PDF), or other electronic format
application, one filing fee, and the the title, file name, and month and year approved by the Office. The file name
required deposit, if the following of publication for each photograph in for the list must contain the title of the
conditions are met: the group (matching the corresponding database, and the case number assigned
(1) All the works in the group must be file names for each photograph specified to the application by the electronic
photographs. in paragraph (j)(10)). The title and file registration system, if any (e.g., ‘‘Title Of
(2) The group must include no more name for a particular photograph may Database Case Number
than 750 photographs, and the be the same. The numbered list must be 162883927239.xls’’). The photographs
application must specify the total contained in an electronic file in Excel and the numbered list may be uploaded
number of photographs that are format (.xls), Portable Document Format to the electronic registration system
included in the group. (PDF), or other electronic format with the permission and under the
(3) All the photographs must be approved by the Office, and the file direction of the Visual Arts Division,
created by the same photographer. name for the list must contain the title preferably in a .zip file containing these
(4) The copyright claimant for all the of the group and the case number materials. The file size for each
photographs must be the same person or assigned to the application by the uploaded file must not exceed 500
organization. electronic registration system (e.g., megabytes; the photographs may be
(5) The photographs may be registered ‘‘Title Of Group Case Number compressed to comply with this
as works made for hire if all the 16283927239.xls’’). requirement. Alternatively, the
photographs are identified in the (k) [Reserved] photographs and the numbered list may
application as such, if all the (l) [Reserved] be saved on a physical storage device,
photographs were created by the same (m) [Reserved] such as a flash drive, CD–R, or DVD–R,
photographer for the same employer, (n) The scope of a group registration. and delivered to the Copyright Office
and if the application identifies both the When the Office issues a group together with the required shipping slip
photographer and the employer in the registration under paragraphs (i) or (j) of generated by the electronic registration
name of author field (e.g., ‘‘XYZ this section, the registration covers each system or with a paper application
Corporation, employer for hire of Jane work in the group and each work is submitted on Form VA.
Doe’’). registered as a separate work. For
(6) All the photographs must be * * * * *
purposes of registration, the group as a
published within the same nation and whole is not considered a compilation, Dated: November 22, 2016.
within the same calendar year, and the a collective work, or a derivative work Sarang V. Damle,
applicant must specify the earliest and under sections 101, 103(b), or 504(c)(1) General Counsel and Associate Register of
latest date that the photographs were of title 17 of the United States Code. Copyrights.
published during the year. ■ 7. Amend § 202.20 by: [FR Doc. 2016–28706 Filed 11–30–16; 8:45 am]
(7) The applicant must provide a title ■ a. Revising paragraph (c)(2)(vii)(D)(8); BILLING CODE 1410–30–P
for the group as a whole. and.
(8) The applicant must complete and ■ b. Removing paragraph (c)(2)(xx).
submit the online application The revision to read as follows: LIBRARY OF CONGRESS
designated for a group of published
photographs. The application may be § 202.20 Deposit of copies and Copyright Office
submitted by any of the parties listed in phonorecords for copyright registration.
§ 202.3(c)(1). * * * * * 37 CFR Parts 201, 202
(9) The appropriate filing fee, as (c) * * *
required by § 201.3(c) of this chapter, [Docket No. 2016–9]
(2) * * *
must be included with the application (vii) * * * Supplementary Registration
or charged to an active deposit account. (D) * * *
(10) The applicant must submit one (8) In the case of an application for AGENCY: U.S. Copyright Office, Library
jstallworth on DSK7TPTVN1PROD with PROPOSALS
copy of each photograph in one of the registration of a database that consists of Congress.
following formats: JPEG, GIF, TIFF, or predominantly of photographs ACTION: Notice of proposed rulemaking.
PCD. The file name for a particular (including a group registration for
photograph may consist of letters, revised or updated versions of such a SUMMARY: The U.S. Copyright Office is
numbers, and spaces, but the file name database), ‘‘identifying portions’’ shall proposing to amend the regulation
should not contain any other form of instead consist of all individual governing supplementary registration to
punctuation. The photographs may be photographs included in the claim. reflect certain technical upgrades that
uploaded to the electronic registration Photographs must be submitted in will soon be made to the electronic
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bookstore, or any other place where wi- 1. Filing Fee 2. Fee for Additional Certificate of
fi or cellular service is available.17 He Registration
also could log onto the electronic In 2012 the Office conducted a study
pursuant to section 708 of the Copyright When the Office receives an
registration system by going to a public application for a supplementary
library that provides computers with Act, which authorizes the Register to
establish, adjust, and recover fees for registration, the registration specialist
internet access. will compare the information set forth
In the alternative, the copyright owner certain services that the Office provides
to the public. After reviewing its costs, in the application with the information
could hire an attorney to submit the
the Office decided to increase the filing set forth in the basic registration. If the
application on his behalf, either by
fee for a supplementary registration Office has made a digital copy of the
paying for the attorney’s services or by
from $100 to $130.19 The Office certificate of registration, the specialist
obtaining pro bono representation.18
explained that paper applications ‘‘are may be able to conduct his or her review
The Office also notes that a number of
considerably less efficient than without obtaining a physical copy of the
companies will prepare and submit an
electronic registration’’ and that the certificate.20 If the certificate has not
application for a fee. These companies
prior fee did not offset a sufficient been digitized, the specialist will ask
typically provide this service for
percentage of the costs associated with the applicant to submit a copy of the
copyright owners seeking a basic
registration, but they could conceivably these types of claims. U.S. Copyright certificate. If the applicant is unable to
expand their offering to include Office, Proposed Schedule and Analysis do so, the Office will charge an
supplementary registrations. of Copyright Fees To Go Into Effect On additional fee to make a copy of the
For the foregoing reasons, the Office Or About April 1, 2014, at 18 (Nov. 14, basic registration in order to conduct the
believes that requiring applicants to use 2013), available at http:// requisite review.21
the online application is a reasonable www.copyright.gov/docs/newfees/ C. Examination Practices
trade-off for improving the overall USCOFeeStudy-Nov13.pdf. For
The Proposed Rule also updates
efficiency of the supplementary example, in Fiscal Year 2011 the filing
registration process. The Office invites examination practices in several areas,
fee for a supplementary application was
comment on this proposal, including including, among other things, to reflect
$100, but the actual cost of processing
whether the Office should eliminate the changes to the Compendium of
these claims was $184 per application.
paper application for seeking a Copyright Office Practices, to update
Id. Appendix B.
supplementary registration, phase out rules regarding when supplementary
Section 708(b) authorizes the Register registration will be declined, and to
this option after a specified period of to adjust the fees that the Office charges
time, or continue to offer this option for update practices regarding cross-
for certain services (including the fee for references in the Office’s public record.
applicants who prefer to use the paper- seeking a supplementary registration),
based system. Changes to Reflect Compendium. The
but before doing so the Register must Compendium is the manual of the
B. Fees conduct a study of the costs incurred by Register of Copyrights setting forth and
the Office for registering claims, explaining key administrative duties of
Under the Proposed Rule, the
recording documents, and providing the Copyright Office under title 17 of
applicant will be required to pay the
other services. In conducting this study, the United States Code. It serves as both
same filing fee, regardless of whether
the application is submitted through the the Register must consider the timing of a technical manual for the Office’s staff,
electronic registration system or on any fee adjustments and the Office’s as well as a guidebook for authors,
Form CA. In addition, the applicant may authority to use the fees consistent with copyright licensees, practitioners,
be required to pay a fee to locate and its budget. 17 U.S.C. 708(b)(1). Section scholars, the courts, and members of the
obtain a copy of the basic registration 708(b) provides that the Register may general public. In 2014 the Office
that is referenced in the application. adjust these fees no ‘‘more than released a comprehensive revision of
Each of these fees is discussed below. necessary to cover the reasonable costs the Compendium that makes the
incurred by the Copyright Office for Office’s practices more accessible and
17 When filing an application for a supplementary . . . [such services], plus a reasonable transparent to the public, and sets the
registration there is no need to upload a copy of the inflation adjustment to account for any stage for a number of long-term
work that is covered by the basic registration. Thus, estimated increase in costs.’’ 17 U.S.C. improvements in registration and
applicants will be able to submit these types of 708(b)(2). It also provides that the Office
claims with a tablet or other wi-fi enabled device. recordation policy. See 79 FR 78911
In some cases, the registration specialist may need must submit a proposed fee schedule to (Dec. 31, 2014).
to compare the information provided in the Congress and that the Office may The Proposed Rule updates a number
application for supplementary registration with the implement the schedule 120 days
copy of the work that was submitted with the
of practices that are reflected in the
application for the basic registration. For instance, thereafter (unless Congress enacts a law Compendium.22 It clarifies that the
this may be necessary if the supplementary stating that it does not approve the Office may issue a supplementary
registration changes the publication status of the schedule). 17 U.S.C. 708(b)(5). registration to correct an error in a basic
work or adds additional authors to the registration
record. If the Office does not have a copy of the Once the Proposed Rule has been registration issued on or after January 1,
work in its possession, the registration specialist implemented, the Office will monitor 1978, or a renewal registration for a
may ask the applicant to submit a replacement the cost of processing supplementary work that was registered or first
copy. See Compendium section 1802.9(C). But in all
cases, the replacement copy could be sent by first
claims to determine if future fee
class mail, courier, or hand delivery; the copy does adjustments may be warranted or if the 20 The Office has digitized the certificates of
jstallworth on DSK7TPTVN1PROD with PROPOSALS
not need to be uploaded to the electronic system Office should charge a different fee for registration for claims registered between 1994 and
(though this would be an option if the applicant has the present. Certificates issued before that year may
claims submitted through the electronic be stored in electronic form, on microfilm, in bound
broadband service).
18 The Office does not require applications to be registration system and claims volumes, or in other physical formats.
prepared or submitted by an attorney. In certain submitted on Form CA. The Office will 21 The current fee for obtaining an additional
special cases the Office may suggest that the use this information in conducting its copy of a certificate of registration is $40 (http://
copyright owner consider seeking legal advice, but copyright.gov/docs/fees.html).
next fee study. 22 Corresponding changes will be made to the
the Office does not furnish the names of copyright
attorneys, publishers, agents, or other similar Compendium when the Proposed Rule goes into
information. See 37 CFR 201.2(a)(2). 19 This increase went into effect on May 1, 2014. effect.
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published on or before December 31, copyright claimant named in the basic supplementary registrations that may be
1977. See Compendium section 1802.3. registration.26 See 37 CFR 201.5(b)(1) issued for a particular basic registration,
Updating Rules for When n.1. If the application was submitted by and in any event, the Office does not
Supplementary Registration Will Be or on behalf of any other party, the view supplementary registration as an
Denied. The Proposed Rule also clarifies records will not be cross-referenced exception to the general rule against
that the Office may decline to issue a with each other. See Compendium issuing one basic registration per work.
supplementary registration for a basic section 1802.1. Certification that Applicant Has
registration that covered the first After further consideration, the Office Reviewed Basic Registration. It has come
twenty-eight years of the copyright term, has concluded that these cross- to the Office’s attention that applicants
because any registration issued before references should be included often submit an application for
January 1, 1978 has expired by regardless of who has submitted the supplementary registration without
now.23 See id. section 1802.4. Allowing application for supplementary reviewing the information that is set
interested parties to correct or amplify registration. This amendment will forth in the basic registration. In some
the information in a registration after improve the accuracy and usefulness of cases, applicants review the records that
the initial term expired creates a the public record by making it easier to are posted in the Office’s online
potential for error, mistake, or even find supplementary registrations that database, but those records do not
fraud. This could have significant may contain additional information contain all the information that is set
consequences in a legal dispute, given pertaining to the basic registration forth in the certificate of registration for
that a certificate of registration may (regardless of who submitted the a particular work. This may create a
create an evidentiary presumption application for supplementary discrepancy between the registration
concerning the facts stated in the registration). If an interested party record and the changes proposed in the
certificate.24 17 U.S.C. 410(c). Therefore, wishes to identify the person who made application for supplementary
the Proposed Rule explains that the the correction or amplification, that registration. This complicates the
Office may issue a supplementary information can be obtained by examination of the claim, which, in
registration for a basic registration that reviewing the records for the turn, delays the issuance of the
covered the first twenty-eight years of supplementary registration.27 supplementary registration.
the copyright term only in exceptional Clarifying Relationship Between Basic
The Proposed Rule addresses this
circumstances, if the proposed and Supplementary Registration. An
issue by requiring applicants to sign a
correction or amplification is supported additional change is being made to
certification stating that they reviewed
by clear, convincing, and objective clarify the nature of a supplementary
the certificate of registration for the
documentation. In this respect, the registration. As a general rule, the Office
basic registration before submitting the
Proposed Rule tracks a similar provision will issue only one registration for each
application for supplementary
in the current regulation that specifies work—meaning that the Office will
registration.29 If the applicant does not
when the Office may issue a issue one basic registration for a
particular work, but will not issue have a copy of the certificate, he or she
supplementary registration for a basic
additional basic registrations once the may obtain a copy from the Record
renewal registration.25
Cross-references to Basic Registration. first basic registration has been made. Research and Certification Section by
Under the current regulations, when the See Compendium section 510. There are following the procedure set forth in
Office issues a supplementary several exceptions to this rule, which section 2408 of the Compendium. If it
registration, it will cross-reference the are set forth in 37 CFR 202.3(b)(11)(i)– appears that the applicant did not
records for the supplementary (iv). review the basic registration before
registration and the basic registration One of the exceptions relates to seeking a supplementary registration,
only if the application for supplementary registrations, stating that the Office may ask the applicant to
supplementary registration was ‘‘[s]upplementary registrations may be resubmit the application or may refuse
submitted by or on behalf of the made . . . to correct or amplify the registration.
information in a registration made Referral Procedure for Office Error.
23 Registrations issued under the 1909 Act under this section.’’ 28 This erroneously Finally, the Proposed Rule clarifies that
expired at the end of the first twenty-eight years of suggests, however, that supplementary if an error in a basic registration was
the copyright term. If the copyright was renewed, registrations are treated as basic caused by the Office’s own action, it
the renewal registration expired at the end of the will correct that error on its own
renewal term. registrations. The Proposed Rule will
24 For similar reasons, the Proposed Rule clarifies accordingly remove this exception; initiative through an internal procedure
that the Copyright Office will not issue a because a supplementary registration is known as a ‘‘referral.’’ In such cases,
supplementary registration for a registration that not considered a basic registration, there there is no need to seek a
has been cancelled. Cancellation is an supplementary registration, and there is
administrative procedure for invalidating a
is no limit on the number of
registration that has been issued by the Office. The
no fee for referral. See Compendium
Office has the authority to cancel a registration if 26 Specifically, the Office will place a note in the section 1804. It also clarifies that the
‘‘the material deposited does not constitute record for the basic registration that identifies the referral procedure does not apply if the
copyrightable subject matter’’ or if ‘‘the claim is registration number and the effective date of error was caused by the applicant’s
invalid for any other reason.’’ 17 U.S.C. 410(b). It registration for the supplementary registration, and
also has the authority to cancel a registration if the it will place a corresponding note in the record for action—even if the examiner should
registration was made in error or if it was issued the supplementary registration that identifies the have recognized that error when he or
in the wrong class or series. See generally 37 CFR registration number and the year of registration for she examined the claim. In such cases,
jstallworth on DSK7TPTVN1PROD with PROPOSALS
201.7. the basic registration. See Compendium section the Office will correct the error only if
25 37 CFR 201.5(b)(2)(iv). In addition, the 1802.1.
27 The Proposed Rule retains the requirement that the applicant submits an application for
Proposed Rule removes a sentence from this
provision which states that the Office may correct an application for a supplementary registration
an error in a renewal registration if the Office must be submitted by an author of the work, a 29 If the applicant fails to sign the certification in
received an application for supplementary claimant of the work, an owner of any of the the online application, the application will not be
registration in the last year of the first twenty-eight exclusive rights in the work, or a duly authorized accepted by the electronic registration system. If the
years of the copyright term. This sentence is no agent of any of the foregoing parties. 37 CFR applicant fails to sign the certification on Form CA,
longer needed now that the deadline for submitting 201.5(b)(1). the registration specialist will communicate with
such claims has passed. 28 37 CFR 202.3(b)(11)(iv). the applicant.
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chapter, a database that does not consist PART 202—PREREGISTRATION AND comments submitted at Regulations.gov,
predominantly of photographs REGISTRATION OF CLAIMS TO follow the online instructions for
registered under § 202.3(b)(5) of this COPYRIGHT submitting comments. Once submitted,
chapter, or a renewal registration, an comments cannot be removed or edited
■ 4. The authority citation for part 202 from Regulations.gov. For either manner
applicant must complete and submit a
continues to read as follows: of submission, the EPA may publish any
paper application using Form CA.
Authority: 17 U.S.C. 408(f), 702. comment received to its public docket.
(4) Before submitting the application,
Do not submit electronically any
the applicant must sign a certification § 202.3 Registration of copyright. information you consider to be
stating that the applicant reviewed a ■ 5. Amend § 202.3 as follows: Confidential Business Information (CBI)
copy of the certificate of registration for ■ a. In paragraph (b)(11)(iii), remove the or other information whose disclosure is
the basic registration that will be phrase ‘‘by that applicant; and’’ and add restricted by statute. Multimedia
corrected or amplified by the in its place ‘‘by that applicant.’’ submissions (audio, video, etc.) must be
supplementary registration. To obtain a ■ b. Remove paragraph (b)(11)(iv). accompanied by a written comment.
copy of the certificate, the applicant Dated: November 22, 2016. The written comment is considered the
may submit a written request to the Sarang V. Damle, official comment and should include
Records Research and Certification General Counsel and Associate Register of discussion of all points you wish to
Section using the procedure set forth in Copyrights. make. The EPA will generally not
Chapter 2400 of the Compendium of [FR Doc. 2016–28701 Filed 11–30–16; 8:45 am] consider comments or comment
U.S. Copyright Office Practices, Third BILLING CODE 1410–30–P
contents located outside of the primary
Edition. submission (i.e. on the web, cloud, or
(5) The appropriate filing fee, as other file sharing system). For
required by § 201.3(c), must be included additional submission methods, please
ENVIRONMENTAL PROTECTION
with the application or charged to an contact the person identified in the FOR
AGENCY
FURTHER INFORMATION CONTACT section.
active deposit account. At the Office’s
40 CFR Part 52 For the full EPA public comment policy,
discretion, the applicant may be
information about CBI or multimedia
required to pay an additional fee to [EPA–R09–OAR–2016–0245; FRL–9955–60– submissions, and general guidance on
make a copy of the certificate of Region 9] making effective comments, please visit
registration for the basic registration that http://www2.epa.gov/dockets/
will be corrected or amplified by the Approval of California Air Plan
commenting-epa-dockets.
supplementary registration. Revisions, Yolo-Solano Air Quality
Management District FOR FURTHER INFORMATION CONTACT:
(6) Copies, phonorecords, or Nancy Levin, EPA Region IX, (415) 972–
supporting documents cannot be made AGENCY: Environmental Protection 3848, levin.nancy@epa.gov.
part of the record for a supplementary Agency (EPA). SUPPLEMENTARY INFORMATION:
registration and should not be submitted ACTION: Proposed rule. Throughout this document, ‘‘we,’’ ‘‘us’’
with the application. and ‘‘our’’ refer to the EPA.
SUMMARY: The Environmental Protection
(f) Effect of supplementary Table of Contents
Agency (EPA) is proposing to approve a
registration. (1) When the Copyright
revision to the Yolo-Solano Air Quality I. The State’s Submittal
Office completes a supplementary
Management District (YSAQMD) A. What rule did the State submit?
registration, it will issue a certificate of portion of the California State B. Are there other versions of this rule?
supplementary registration bearing a Implementation Plan (SIP). This C. What is the purpose of the submitted
new registration number in the revision concerns emissions of volatile rule?
appropriate class. The Office will cross- organic compounds (VOCs) and II. The EPA’s Evaluation and Action
reference the records for the basic particulate matter (PM) from confined A. How is the EPA evaluating the rule?
registration and the supplementary B. Does the rule meet the evaluation
animal facilities (CAFs). We are
registration by placing a note in each criteria?
proposing to approve a local rule to C. EPA Recommendations To Further
record that identifies the registration regulate these emission sources under Improve the Rule
number and effective date of registration the Clean Air Act (CAA or the Act). We D. Public Comment and Proposed Action
for the related registration. are taking comments on this proposal III. Incorporation by Reference
(2) As provided in section 408(d) of and plan to follow with a final action. IV. Statutory and Executive Order Reviews
title 17 of the United States Code, the DATES: Any comments must arrive by I. The State’s Submittal
information contained in a January 3, 2017.
supplementary registration augments ADDRESSES: Submit your comments,
A. What rule did the State submit?
but does not supersede that contained in identified by Docket ID No. EPA–R09– Table 1 lists the rule addressed by this
the basic registration. The basic OAR–2016–0245 at http:// proposal with the dates that it was
registration will not be expunged or www.regulations.gov, or via email to adopted by the local air agency and
cancelled. Andrew Steckel, Rulemaking Office submitted by the California Air
jstallworth on DSK7TPTVN1PROD with PROPOSALS
Chief at Steckel.Andrew@epa.gov. For Resourced Board (CARB).
TABLE 1—SUBMITTED RULE
Local agency Rule No. Rule title Adopted Submitted
YSAQMD ................................ 11.2 Confined Animal Facilities Permit Program ........................... 06/14/06 10/05/2006
VerDate Sep<11>2014 13:51 Nov 30, 2016 Jkt 241001 PO 00000 Frm 00049 Fmt 4702 Sfmt 4702 E:\FR\FM\01DEP1.SGM 01DEP1](https://thefederalregister.org/doc/81_FR_86887/page/7.svg)
Document Created: 2018-02-14 09:00:55
Document Modified: 2018-02-14 09:00:55
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of proposed rulemaking. | |
| Dates | Comments on the proposed rule must be made in writing and must be received in the U.S. Copyright Office no later than January 3, 2017. | |
| Contact | Robert J. Kasunic, Associate Register and Director of Registration Policy and Practice, by telephone at (202) 707-8040; or Erik Bertin, Deputy Director of Registration Policy and Practice, by telephone at 202-707-8040. | |
| FR Citation | 81 FR 86656 | |
| CFR Citation | 37
CFR
201 37 CFR 202 | |
| CFR Associated | Copyright and General Provisions |
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