82_FR_22982 82 FR 22886 - Disruption of Copyright Office Electronic Systems

82 FR 22886 - Disruption of Copyright Office Electronic Systems

LIBRARY OF CONGRESS
Copyright Office

Federal Register Volume 82, Issue 96 (May 19, 2017)

Page Range22886-22888
FR Document2017-10218

The U.S. Copyright Office is amending its regulations governing delays in the receipt of material caused by the disruption of postal or other transportation or communication services. The amendments, for the first time, specifically address the effect of a disruption or suspension of any Copyright Office electronic system on the Office's receipt of applications, fees, deposits, or other materials, and the assignment of a constructive date of receipt to such materials. The amendments also make various revisions to the existing portions of the rule for usability and readability. In addition, the amendments specify how the Office will assign effective dates of receipt when, in the absence of a declaration of a general disruption, the Office does not receive, loses, or misplaces materials that were physically delivered or attempted to be physically delivered to the Office.

Federal Register, Volume 82 Issue 96 (Friday, May 19, 2017)
[Federal Register Volume 82, Number 96 (Friday, May 19, 2017)]
[Rules and Regulations]
[Pages 22886-22888]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-10218]


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LIBRARY OF CONGRESS

Copyright Office

37 CFR Part 201

[Docket No. 2017-4]


Disruption of Copyright Office Electronic Systems

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The U.S. Copyright Office is amending its regulations 
governing delays in the receipt of material caused by the disruption of 
postal or other transportation or communication services. The 
amendments, for the first time, specifically address the effect of a 
disruption or suspension of any Copyright Office electronic system on 
the Office's receipt of applications, fees, deposits, or other 
materials, and the assignment of a constructive date of receipt to such 
materials. The amendments also make various revisions to the existing 
portions of the rule for usability and readability. In addition, the 
amendments specify how the Office will assign effective dates of 
receipt when, in the absence of a declaration of a general disruption, 
the Office does not receive, loses, or misplaces materials that were 
physically delivered or attempted to be physically delivered to the 
Office.

DATES: Effective June 19, 2017.

FOR FURTHER INFORMATION CONTACT: Anna Chauvet, Assistant General 
Counsel, by email at [email protected], or by telephone at 202-707-8350.

SUPPLEMENTARY INFORMATION: Section 709 of the Copyright Act (title 17, 
United States Code) addresses the situation where the ``general 
disruption or suspension of postal or other transportation or 
communications services'' prevents the timely receipt by the U.S. 
Copyright Office (``Office'') of ``a deposit, application, fee, or any 
other material.'' In such situations, and ``on the basis of such 
evidence as the Register may by regulation require,'' the Register of 
Copyrights may deem the receipt of such material to be timely, so long 
as it is actually received ``within one month after the date on which 
the Register determines that the disruption or suspension of such 
services has terminated.'' 17 U.S.C. 709. In addition, section 702 of 
the Copyright Act authorizes the Register to ``establish regulations 
not inconsistent with law for the administration of the functions and 
duties made the responsibility of the Register under this title.'' 17 
U.S.C. 702.

[[Page 22887]]

    The Office's regulations implementing section 709 can be found in 
37 CFR 201.8. When the Office first promulgated these regulations, many 
of the Office's current electronic systems did not exist, and the 
regulations were not amended to specifically address outages of such 
systems. In 2015, the Office's online system used to register copyright 
claims was disrupted for over a week due to an equipment failure, 
highlighting the need for the Office to update its regulations to 
address the effect of a disruption or suspension of any Copyright 
Office electronic system on the Office's receipt of applications, fees, 
deposits, or any other materials.
    On March 2, 2017, the Office published a Notice of Proposed 
Rulemaking (``NPRM'') setting forth proposed regulatory amendments 
designed to close this gap in the Office's regulations. 82 FR 12326. 
The proposed amendments addressed the effect of a disruption or 
suspension of any Copyright Office electronic system on the Office's 
receipt of applications, fees, deposits, or other materials, and the 
assignment of a constructive date of receipt to such materials. 82 FR 
12326. The Office received six comments in response to the NPRM. None 
of the commenters opposed or proposed amendments to the proposed rule.
    As explained in the NPRM, assigning a date of receipt based on the 
date materials would have been received but for the disruption of a 
Copyright Office electronic system is important in a number of 
contexts. For example, thousands of copyright claims are filed each 
year using the Office's electronic filing system, and the effective 
date of registration of a copyright is the date the application, fees, 
and deposit are received by the Office. 17 U.S.C. 410(d). That date can 
affect the copyright owner's rights and remedies, such as eligibility 
for statutory damages and attorney's fees. See 17 U.S.C. 412 (statutory 
damages and attorney's fees available only for works with effective 
date of registration prior to commencement of infringement or, for 
published works, within three months of first publication of the work). 
In addition, certain filings may be submitted to the Office only in 
electronic form. See 37 CFR 201.38 (online service providers must 
designate an agent to receive notifications of claimed copyright 
infringement through the Copyright Office's Web site).
    The Office's amendments accordingly make several updates to 37 CFR 
201.8 to account for electronic outages. Among other things, the 
amendments allow the Register to assign, as the date of receipt, the 
date on which she determines the material would have been received but 
for the disruption or suspension of the electronic system. Ordinarily, 
when a person submits materials through an Office electronic system, 
those materials are received in the Office on the date the submission 
was made. In cases where a person attempts to submit materials, but is 
unable to do so because of a disruption or suspension of a Copyright 
Office electronic system, the amendments will allow the Register to use 
the date that the attempt was made as the date of receipt. In cases 
where it is unclear when the attempt was made, the amendments provide 
the Register with discretion to determine the effective date of receipt 
on a case-by-case basis.
    In addition, the amendments make several other changes to update 
the rule to account for more recent practices, and improve the 
usability and readability of the regulation. For instance, the 
amendments comprehensively update paragraph (c) of Sec.  201.8, which 
specifies the deadline for requesting an adjustment of the date of 
receipt in cases where a person attempted to submit material to the 
Office but was unable to do so due to the declared suspension or 
disruption of postal or other transportation or communications 
services. Under the previous rule, an applicant could only submit such 
a request after the issuance of a certificate of registration or 
recordation. That is because, in the past, most materials were 
submitted to the Office on paper. Permitting the submission of requests 
prior to the issuance of the certificate would have imposed 
unacceptable burdens on the Office, primarily due to difficulties in 
locating the pending paper applications or submissions to which the 
requests pertained. Now that the Office has implemented electronic 
systems, it is easier to make date adjustments, such as correcting the 
effective date of registration or date of recordation, while the 
application or submission is still pending. Accordingly, the Office's 
amendments allow persons seeking to adjust the date of receipt of any 
material that could not be submitted electronically due to a disruption 
or suspension of a Copyright Office electronic system, to submit a 
request on the date the Register publishes the announcement declaring 
that the disruption or suspension has terminated under Sec.  201.8(a), 
up to one year after the date on which the disruption or suspension has 
terminated under Sec.  201.8(a).
    Finally, the amendments add Sec.  201.8(b)(2) and (c)(2), which 
address a related issue. On occasion, a person may deliver or attempt 
to deliver material to the Office, but the Office may have no record of 
having received such material or may have lost or misplaced that 
material after it was received. Although such situations are rare, they 
do occur occasionally as mail delivered to the Office must go through 
extensive security screening.\1\ If the person provides satisfactory 
evidence that he or she physically delivered or attempted to physically 
deliver that material to the Office, the amendment allows the Register 
to assign, as the date of receipt, the date on which the material would 
have been received. Such a request must be made no later than one year 
after the person physically delivered or attempted to physically 
deliver the application, fee, deposit, or other material to the Office.
---------------------------------------------------------------------------

    \1\ As the NPRM thus made clear, sections 201.8(b)(2) and (c)(2) 
are meant to address situations where the Office does not receive, 
loses, or misplaces materials that were physically delivered or 
attempted to be physically delivered to the Office. The rule is not 
intended to address short-term or routine outages of electronic 
systems that may occur in the absence of a declaration of a general 
disruption under section 201.8(a). The language of the final rule 
clarifies this point for the avoidance of any doubt.
---------------------------------------------------------------------------

    As a technical matter, these provisions do not implement section 
709, which pertains to a general disruption of postal or other 
services; rather, the Office is implementing these provisions as an 
exercise of its general regulatory authority under section 702 of the 
Copyright Act.

List of Subjects in 37 CFR Part 201

    Copyright.

Final Regulations

    For the reasons set forth in the preamble, the Copyright Office 
amends 37 CFR part 201 as follows:

PART 201--GENERAL PROVISIONS

0
1. The authority citation for part 201 continues to read as follows:

    Authority: 17 U.S.C. 702.


0
2. Section 201.8 is amended by revising paragraphs (a) through (f) 
introductory text, (f)(4), by adding paragraph (f)(5), and by removing 
paragraph (g). The revisions and addition read as follows:


Sec.  201.8  Disruption of postal or other transportation or 
communication services.

    (a) Declaration of disruption. For purposes of 17 U.S.C. 709, when 
the Register has determined that there is or has been a general 
disruption or suspension of postal or other transportation or 
communications services, including a disruption or

[[Page 22888]]

suspension of a Copyright Office electronic system, that has delayed 
the receipt by the Copyright Office of applications, fees, deposits, or 
any other materials, the Register shall publish an announcement of that 
determination, stating the date on which the disruption or suspension 
commenced. The announcement may, if appropriate, limit the means of 
delivery that are subject to relief pursuant to section 709. Following 
the cessation of the disruption or suspension of services, the Register 
shall publish an announcement stating the date on which the disruption 
or suspension has terminated, and may provide specific instructions on 
how to make a request under paragraph (b)(1) of this section.
    (b) Request for earlier filing date due to disruption--(1) When the 
Register has declared a disruption. When the Register has made a 
declaration of disruption under paragraph (a) of this section, any 
person who, in compliance with any instructions provided by the 
Register, provides satisfactory evidence as described in paragraph (e) 
of this section that he or she attempted to deliver an application, 
fee, deposit, or other material to the Copyright Office, but that 
receipt by the Copyright Office was delayed due to a general disruption 
or suspension of postal or other transportation or communications 
services announced under paragraph (a), shall be assigned, as the date 
of receipt of the application, fee, deposit, or other material, the 
date on which the Register determines the material would have been 
received but for the disruption or suspension of services, so long as 
the application, fee, deposit, or other material was actually received 
in the Copyright Office within one month after the date the Register 
identifies pursuant to paragraph (a) of this section that disruption or 
suspension of services has terminated. Such requests should be mailed 
to the address specified in Sec.  201.1(c)(1), or through any other 
delivery method the Register specifies in a published announcement 
under paragraph (a) of this section.
    (2) With respect to disruption affecting specific submission. In 
the absence of a declaration of disruption under paragraph (a) of this 
section, any person who provides satisfactory evidence as described in 
paragraph (e) of this section that he or she physically delivered or 
attempted to physically deliver an application, fee, deposit, or other 
material to the Copyright Office, but that the Office did not receive 
that material or that it was lost or misplaced by the Office after its 
delivery to the Office, shall be assigned, as the date of receipt, the 
date that the Register determines that the material was received or 
would have been received. Such requests may be mailed to the address 
specified in Sec.  201.1(c)(1), or through any other delivery method 
specified by the Copyright Office.
    (c) Timing. (1) A request under paragraph (b)(1) of this section 
shall be made no earlier than the date on which the Register publishes 
the announcement under paragraph (a) of this section declaring that the 
disruption or suspension has terminated, and no later than one year 
after the publication of that announcement.
    (2) A request under paragraph (b)(2) of this section shall be made 
no later than one year after the person physically delivered or 
attempted to physically deliver the application, fee, deposit, or other 
material to the Copyright Office.
    (d) Return of certificate. In cases where a certificate of 
registration or a certificate of recordation has already been issued, 
the original certificate must be returned to the Copyright Office along 
with the request under paragraph (b) of this section.
    (e) Satisfactory evidence. In all cases the Register shall have 
discretion in determining whether materials submitted with a request 
under paragraph (b) of this section constitute satisfactory evidence. 
For purposes of paragraph (b) of this section, satisfactory evidence 
may include:
    (1) A receipt from the United States Postal Service indicating the 
date on which the United States Postal Service received material for 
delivery to the Copyright Office by means of first class mail, Priority 
Mail, or Express Mail;
    (2) A receipt from a delivery service such as, or comparable to, 
United Parcel Service, Federal Express, or Airborne Express, indicating 
the date on which the delivery service received material for delivery 
to the Copyright Office; and
    (i) The date on which delivery was to be made to the Copyright 
Office, or
    (ii) The period of time (e.g., overnight, or two days) from receipt 
by the delivery service to the date on which delivery was to be made to 
the Copyright Office;
    (3) A statement under penalty of perjury, pursuant to 28 U.S.C. 
1746, from a person with actual knowledge of the facts relating to the 
attempt to deliver the material to the Copyright Office, setting forth 
with particularity facts which satisfy the Register that in the absence 
of the general disruption or suspension of postal or other 
transportation or communications services, including a disruption or 
suspension of a Copyright Office electronic system, or but for the 
misdelivery, misplacement, or loss of materials sent to the Copyright 
Office, the material would have been received by the Copyright Office 
by a particular date; or
    (4) Other documentary evidence which the Register deems equivalent 
to the evidence set forth in paragraphs (e)(1) and (2) of this section.
    (f) Presumption of receipt. For purposes of paragraph (b) of this 
section, the Register shall presume that but for the general disruption 
or suspension of postal or other transportation or communications 
services, including a disruption or suspension of a Copyright Office 
electronic system, or but for the misdelivery, misplacement, or loss of 
materials sent to the Copyright Office:
* * * * *
    (4) Materials deposited with a delivery service such as, or 
comparable to, United Parcel Service, Federal Express, or Airborne 
Express, would have been received in the Copyright Office on the date 
indicated on the receipt from the delivery service;
    (5) Materials submitted or attempted to be submitted through a 
Copyright Office electronic system would have been received in the 
Copyright Office on the date the attempt was made. If it is unclear 
when an attempt was made, the Register will determine the effective 
date of receipt on a case-by-case basis.

    Dated: May 11, 2017.
Karyn Temple Claggett,
Acting Register of Copyrights and Director of the U.S. Copyright 
Office.

    Approved by:
Carla D. Hayden,
Librarian of Congress.
[FR Doc. 2017-10218 Filed 5-18-17; 8:45 am]
BILLING CODE 1410-30-P



                                             22886                 Federal Register / Vol. 82, No. 96 / Friday, May 19, 2017 / Rules and Regulations

                                                Copies of Statements of Account. In                  ■ b. Revising paragraph (d);                          LIBRARY OF CONGRESS
                                             light of the changes to section 201.17(d),              ■ c. Revising paragraphs (e)(14)
                                             which clarify that instructions for                     introductory text and (e)(14)(iii)(A);                Copyright Office
                                             submitting forms will be provided by                    ■ d. Removing paragraph (l);
                                             the Office on its Web site or the form                                                                        37 CFR Part 201
                                                                                                     ■ e. Redesignating paragraphs (m) and
                                             itself, the Office is removing section                                                                        [Docket No. 2017–4]
                                             201.17(l), which currently proscribes                   (n) as paragraphs (l) and (m),
                                             the number of physical copies that must                 respectively; and
                                                                                                                                                           Disruption of Copyright Office
                                             be filed by licensees.                                  ■ f. Revising newly redesignated                      Electronic Systems
                                                Corrections, Supplemental Payments,                  paragraph (l)(4)(iii)(B).
                                             and Refunds. As raised in the NPRM,                       The revisions read as follows:                      AGENCY:  U.S. Copyright Office, Library
                                             and following the same rationale                                                                              of Congress.
                                             allowing for the electronic signature and               § 201.17 Statements of account covering               ACTION: Final rule.
                                             submission of SOAs, the Office is                       compulsory licenses for secondary
                                             updating its rule to allow for electronic               transmissions by cable systems.                       SUMMARY:    The U.S. Copyright Office is
                                             signatures and submission in                            *      *    *    *      *                             amending its regulations governing
                                             connection with corrections,                              (c) * * *                                           delays in the receipt of material caused
                                             supplemental payments, and refunds. In                    (2) Upon receiving a Statement of                   by the disruption of postal or other
                                             addition, as proposed in the NPRM, the                  Account and royalty fee, the Copyright                transportation or communication
                                             Office is now codifying its practice of                 Office will make an official record of the            services. The amendments, for the first
                                             accepting a signed and certified                        actual date when such Statement and                   time, specifically address the effect of a
                                             amended SOA in lieu of a sworn                          fee were received in the Copyright                    disruption or suspension of any
                                             affidavit or statement under 28 U.S.C.                  Office. * * *                                         Copyright Office electronic system on
                                             1746 currently required by the                                                                                the Office’s receipt of applications, fees,
                                                                                                     *      *    *    *      *                             deposits, or other materials, and the
                                             regulation. In practice, the Office
                                             receives few sworn affidavits or                          (d) Statement of Account forms and                  assignment of a constructive date of
                                             statements that are not part of an                      submission. Cable systems should                      receipt to such materials. The
                                             amended SOA, and so to facilitate                       submit each Statement of Account using                amendments also make various
                                             efficiency and clarity, the final rule                  an appropriate form provided by the                   revisions to the existing portions of the
                                             removes references to separate affidavits               Copyright Office on its Web site and                  rule for usability and readability. In
                                             or statements and simply requires                       following the instructions for                        addition, the amendments specify how
                                             remitters to submit an amended SOA.                     completion and submission provided on                 the Office will assign effective dates of
                                                Batch Submissions. The proposed                      the Office’s Web site or the form itself.             receipt when, in the absence of a
                                             rule also included language permitting                    (e) * * *                                           declaration of a general disruption, the
                                             the submission of multiple SOAs by the                    (14) A legally binding signature,                   Office does not receive, loses, or
                                             same cable operator in one group or                     including an electronic signature as                  misplaces materials that were physically
                                             ‘‘batch’’ filing. NCTA’s comment raised                 defined in 15 U.S.C. 7006, of:                        delivered or attempted to be physically
                                             a concern that this change would be                       (iii) * * *                                         delivered to the Office.
                                             ‘‘unnecessarily burdensome’’ by                                                                               DATES: Effective June 19, 2017.
                                                                                                       (A) The printed name of the person
                                             imposing overly rigid requirements for                                                                        FOR FURTHER INFORMATION CONTACT:
                                                                                                     signing the Statement of Account;
                                             the review, signature, and submission of                                                                      Anna Chauvet, Assistant General
                                             SOAs upon remitters. NCTA Comments                      *      *    *    *      *
                                                                                                                                                           Counsel, by email at achau@loc.gov, or
                                             at 4. In light of the Office’s redirected                 (l) * * *
                                                                                                                                                           by telephone at 202–707–8350.
                                             efforts described above and NCTA’s                        (4) * * *
                                                                                                                                                           SUPPLEMENTARY INFORMATION: Section
                                             comment, the final rule does not                          (iii) * * *
                                             include this originally-proposed                                                                              709 of the Copyright Act (title 17,
                                                                                                       (B) In the case of a request filed under            United States Code) addresses the
                                             amendment.
                                                                                                     paragraph (m)(2)(ii) of this section,                 situation where the ‘‘general disruption
                                             List of Subjects in 37 CFR Part 201                     where the royalty fee was miscalculated               or suspension of postal or other
                                               Copyright.                                            and the amount deposited in the                       transportation or communications
                                                                                                     Copyright Office was either too high or               services’’ prevents the timely receipt by
                                             Regulations                                             too low, the request must be                          the U.S. Copyright Office (‘‘Office’’) of
                                               For the reasons set forth in the                      accompanied by an amended Statement                   ‘‘a deposit, application, fee, or any other
                                             preamble, the Copyright Office amends                   of Account. The amended Statement                     material.’’ In such situations, and ‘‘on
                                             37 CFR part 201 as follows:                             shall include an explanation of why the               the basis of such evidence as the
                                                                                                     royalty fee was improperly calculated                 Register may by regulation require,’’ the
                                             PART 201—GENERAL PROVISIONS                             and a detailed analysis of the proper                 Register of Copyrights may deem the
                                                                                                     royalty calculations.                                 receipt of such material to be timely, so
                                             ■ 1. The authority citation for part 201
                                                                                                     *      *    *    *      *                             long as it is actually received ‘‘within
                                             continues to read as follows:
                                                                                                        Dated: May 12, 2017.
                                                                                                                                                           one month after the date on which the
                                                 Authority: 17 U.S.C. 702.                                                                                 Register determines that the disruption
                                                                                                     Karyn Temple Claggett,
                                             ■ 2. Amend § 201.17 by:                                                                                       or suspension of such services has
                                             ■ a. Revising the first sentence of                     Acting Register of Copyrights and Director            terminated.’’ 17 U.S.C. 709. In addition,
nlaroche on DSK30NT082PROD with RULES




                                             paragraph (c)(2);                                       of the U.S. Copyright Office.
                                                                                                                                                           section 702 of the Copyright Act
                                                                                                        Approved by:                                       authorizes the Register to ‘‘establish
                                             Intention to the Copyright Office, https://             Carla D. Hayden,                                      regulations not inconsistent with law for
                                             www.copyright.gov/licensing/115/noi-                    Librarian of Congress.
                                             instructions.html (‘‘The NOI must be emailed as an
                                                                                                                                                           the administration of the functions and
                                             Excel file, and must not be converted to PDF or any     [FR Doc. 2017–10219 Filed 5–18–17; 8:45 am]           duties made the responsibility of the
                                             other file format.’’).                                  BILLING CODE 1410–30–P                                Register under this title.’’ 17 U.S.C. 702.


                                        VerDate Sep<11>2014   14:45 May 18, 2017   Jkt 241001   PO 00000   Frm 00008   Fmt 4700   Sfmt 4700   E:\FR\FM\19MYR1.SGM   19MYR1


                                                                   Federal Register / Vol. 82, No. 96 / Friday, May 19, 2017 / Rules and Regulations                                                    22887

                                                The Office’s regulations implementing                determines the material would have                    deliver or attempt to deliver material to
                                             section 709 can be found in 37 CFR                      been received but for the disruption or               the Office, but the Office may have no
                                             201.8. When the Office first                            suspension of the electronic system.                  record of having received such material
                                             promulgated these regulations, many of                  Ordinarily, when a person submits                     or may have lost or misplaced that
                                             the Office’s current electronic systems                 materials through an Office electronic                material after it was received. Although
                                             did not exist, and the regulations were                 system, those materials are received in               such situations are rare, they do occur
                                             not amended to specifically address                     the Office on the date the submission                 occasionally as mail delivered to the
                                             outages of such systems. In 2015, the                   was made. In cases where a person                     Office must go through extensive
                                             Office’s online system used to register                 attempts to submit materials, but is                  security screening.1 If the person
                                             copyright claims was disrupted for over                 unable to do so because of a disruption               provides satisfactory evidence that he or
                                             a week due to an equipment failure,                     or suspension of a Copyright Office                   she physically delivered or attempted to
                                             highlighting the need for the Office to                 electronic system, the amendments will                physically deliver that material to the
                                             update its regulations to address the                   allow the Register to use the date that               Office, the amendment allows the
                                             effect of a disruption or suspension of                 the attempt was made as the date of                   Register to assign, as the date of receipt,
                                             any Copyright Office electronic system                  receipt. In cases where it is unclear                 the date on which the material would
                                             on the Office’s receipt of applications,                when the attempt was made, the                        have been received. Such a request must
                                             fees, deposits, or any other materials.                 amendments provide the Register with                  be made no later than one year after the
                                                On March 2, 2017, the Office                         discretion to determine the effective                 person physically delivered or
                                             published a Notice of Proposed                          date of receipt on a case-by-case basis.              attempted to physically deliver the
                                             Rulemaking (‘‘NPRM’’) setting forth                        In addition, the amendments make                   application, fee, deposit, or other
                                             proposed regulatory amendments                          several other changes to update the rule              material to the Office.
                                             designed to close this gap in the Office’s              to account for more recent practices,                    As a technical matter, these
                                             regulations. 82 FR 12326. The proposed                  and improve the usability and                         provisions do not implement section
                                             amendments addressed the effect of a                    readability of the regulation. For                    709, which pertains to a general
                                             disruption or suspension of any                         instance, the amendments                              disruption of postal or other services;
                                             Copyright Office electronic system on                   comprehensively update paragraph (c)                  rather, the Office is implementing these
                                             the Office’s receipt of applications, fees,             of § 201.8, which specifies the deadline              provisions as an exercise of its general
                                             deposits, or other materials, and the                   for requesting an adjustment of the date              regulatory authority under section 702
                                             assignment of a constructive date of                    of receipt in cases where a person                    of the Copyright Act.
                                             receipt to such materials. 82 FR 12326.                 attempted to submit material to the
                                             The Office received six comments in                     Office but was unable to do so due to                 List of Subjects in 37 CFR Part 201
                                             response to the NPRM. None of the                       the declared suspension or disruption of                Copyright.
                                             commenters opposed or proposed                          postal or other transportation or
                                             amendments to the proposed rule.                        communications services. Under the                    Final Regulations
                                                As explained in the NPRM, assigning                  previous rule, an applicant could only                  For the reasons set forth in the
                                             a date of receipt based on the date                     submit such a request after the issuance              preamble, the Copyright Office amends
                                             materials would have been received but                  of a certificate of registration or                   37 CFR part 201 as follows:
                                             for the disruption of a Copyright Office                recordation. That is because, in the past,
                                             electronic system is important in a                     most materials were submitted to the                  PART 201—GENERAL PROVISIONS
                                             number of contexts. For example,                        Office on paper. Permitting the
                                             thousands of copyright claims are filed                                                                       ■ 1. The authority citation for part 201
                                                                                                     submission of requests prior to the
                                             each year using the Office’s electronic                                                                       continues to read as follows:
                                                                                                     issuance of the certificate would have
                                             filing system, and the effective date of                imposed unacceptable burdens on the                       Authority: 17 U.S.C. 702.
                                             registration of a copyright is the date the             Office, primarily due to difficulties in              ■ 2. Section 201.8 is amended by
                                             application, fees, and deposit are                      locating the pending paper applications               revising paragraphs (a) through (f)
                                             received by the Office. 17 U.S.C. 410(d).               or submissions to which the requests                  introductory text, (f)(4), by adding
                                             That date can affect the copyright                      pertained. Now that the Office has                    paragraph (f)(5), and by removing
                                             owner’s rights and remedies, such as                    implemented electronic systems, it is                 paragraph (g). The revisions and
                                             eligibility for statutory damages and                   easier to make date adjustments, such as              addition read as follows:
                                             attorney’s fees. See 17 U.S.C. 412                      correcting the effective date of
                                             (statutory damages and attorney’s fees                  registration or date of recordation, while            § 201.8 Disruption of postal or other
                                             available only for works with effective                 the application or submission is still                transportation or communication services.
                                             date of registration prior to                           pending. Accordingly, the Office’s                       (a) Declaration of disruption. For
                                             commencement of infringement or, for                    amendments allow persons seeking to                   purposes of 17 U.S.C. 709, when the
                                             published works, within three months                    adjust the date of receipt of any material            Register has determined that there is or
                                             of first publication of the work). In                   that could not be submitted                           has been a general disruption or
                                             addition, certain filings may be                        electronically due to a disruption or                 suspension of postal or other
                                             submitted to the Office only in                         suspension of a Copyright Office                      transportation or communications
                                             electronic form. See 37 CFR 201.38                      electronic system, to submit a request                services, including a disruption or
                                             (online service providers must designate                on the date the Register publishes the
                                             an agent to receive notifications of                    announcement declaring that the                          1 As the NPRM thus made clear, sections

                                             claimed copyright infringement through                  disruption or suspension has terminated               201.8(b)(2) and (c)(2) are meant to address
                                                                                                                                                           situations where the Office does not receive, loses,
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                                             the Copyright Office’s Web site).                       under § 201.8(a), up to one year after the            or misplaces materials that were physically
                                                The Office’s amendments accordingly                  date on which the disruption or                       delivered or attempted to be physically delivered to
                                             make several updates to 37 CFR 201.8                    suspension has terminated under                       the Office. The rule is not intended to address
                                             to account for electronic outages.                      § 201.8(a).                                           short-term or routine outages of electronic systems
                                                                                                                                                           that may occur in the absence of a declaration of
                                             Among other things, the amendments                         Finally, the amendments add                        a general disruption under section 201.8(a). The
                                             allow the Register to assign, as the date               § 201.8(b)(2) and (c)(2), which address a             language of the final rule clarifies this point for the
                                             of receipt, the date on which she                       related issue. On occasion, a person may              avoidance of any doubt.



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                                             22888                 Federal Register / Vol. 82, No. 96 / Friday, May 19, 2017 / Rules and Regulations

                                             suspension of a Copyright Office                        determines that the material was                      misdelivery, misplacement, or loss of
                                             electronic system, that has delayed the                 received or would have been received.                 materials sent to the Copyright Office,
                                             receipt by the Copyright Office of                      Such requests may be mailed to the                    the material would have been received
                                             applications, fees, deposits, or any other              address specified in § 201.1(c)(1), or                by the Copyright Office by a particular
                                             materials, the Register shall publish an                through any other delivery method                     date; or
                                             announcement of that determination,                     specified by the Copyright Office.                       (4) Other documentary evidence
                                             stating the date on which the disruption                   (c) Timing. (1) A request under                    which the Register deems equivalent to
                                             or suspension commenced. The                            paragraph (b)(1) of this section shall be             the evidence set forth in paragraphs
                                             announcement may, if appropriate, limit                 made no earlier than the date on which                (e)(1) and (2) of this section.
                                             the means of delivery that are subject to               the Register publishes the                               (f) Presumption of receipt. For
                                             relief pursuant to section 709. Following               announcement under paragraph (a) of                   purposes of paragraph (b) of this
                                             the cessation of the disruption or                      this section declaring that the                       section, the Register shall presume that
                                             suspension of services, the Register                    disruption or suspension has                          but for the general disruption or
                                             shall publish an announcement stating                   terminated, and no later than one year                suspension of postal or other
                                             the date on which the disruption or                     after the publication of that                         transportation or communications
                                             suspension has terminated, and may                      announcement.                                         services, including a disruption or
                                             provide specific instructions on how to                    (2) A request under paragraph (b)(2) of            suspension of a Copyright Office
                                             make a request under paragraph (b)(1) of                this section shall be made no later than              electronic system, or but for the
                                             this section.                                           one year after the person physically                  misdelivery, misplacement, or loss of
                                                (b) Request for earlier filing date due              delivered or attempted to physically                  materials sent to the Copyright Office:
                                             to disruption—(1) When the Register has                 deliver the application, fee, deposit, or             *      *    *      *     *
                                             declared a disruption. When the                         other material to the Copyright Office.                  (4) Materials deposited with a
                                             Register has made a declaration of                         (d) Return of certificate. In cases
                                                                                                                                                           delivery service such as, or comparable
                                             disruption under paragraph (a) of this                  where a certificate of registration or a
                                                                                                                                                           to, United Parcel Service, Federal
                                             section, any person who, in compliance                  certificate of recordation has already
                                                                                                                                                           Express, or Airborne Express, would
                                             with any instructions provided by the                   been issued, the original certificate must
                                                                                                                                                           have been received in the Copyright
                                             Register, provides satisfactory evidence                be returned to the Copyright Office
                                                                                                                                                           Office on the date indicated on the
                                             as described in paragraph (e) of this                   along with the request under paragraph
                                                                                                                                                           receipt from the delivery service;
                                             section that he or she attempted to                     (b) of this section.                                     (5) Materials submitted or attempted
                                             deliver an application, fee, deposit, or                   (e) Satisfactory evidence. In all cases
                                                                                                                                                           to be submitted through a Copyright
                                             other material to the Copyright Office,                 the Register shall have discretion in
                                                                                                                                                           Office electronic system would have
                                             but that receipt by the Copyright Office                determining whether materials
                                                                                                                                                           been received in the Copyright Office on
                                             was delayed due to a general disruption                 submitted with a request under
                                                                                                                                                           the date the attempt was made. If it is
                                             or suspension of postal or other                        paragraph (b) of this section constitute
                                                                                                                                                           unclear when an attempt was made, the
                                             transportation or communications                        satisfactory evidence. For purposes of
                                                                                                                                                           Register will determine the effective
                                             services announced under paragraph (a),                 paragraph (b) of this section, satisfactory
                                                                                                                                                           date of receipt on a case-by-case basis.
                                             shall be assigned, as the date of receipt               evidence may include:
                                             of the application, fee, deposit, or other                 (1) A receipt from the United States                  Dated: May 11, 2017.
                                             material, the date on which the Register                Postal Service indicating the date on                 Karyn Temple Claggett,
                                             determines the material would have                      which the United States Postal Service                Acting Register of Copyrights and Director
                                             been received but for the disruption or                 received material for delivery to the                 of the U.S. Copyright Office.
                                             suspension of services, so long as the                  Copyright Office by means of first class                Approved by:
                                             application, fee, deposit, or other                     mail, Priority Mail, or Express Mail;                 Carla D. Hayden,
                                             material was actually received in the                      (2) A receipt from a delivery service
                                                                                                                                                           Librarian of Congress.
                                             Copyright Office within one month after                 such as, or comparable to, United Parcel
                                             the date the Register identifies pursuant               Service, Federal Express, or Airborne                 [FR Doc. 2017–10218 Filed 5–18–17; 8:45 am]
                                             to paragraph (a) of this section that                   Express, indicating the date on which                 BILLING CODE 1410–30–P

                                             disruption or suspension of services has                the delivery service received material
                                             terminated. Such requests should be                     for delivery to the Copyright Office; and
                                             mailed to the address specified in                         (i) The date on which delivery was to              ENVIRONMENTAL PROTECTION
                                             § 201.1(c)(1), or through any other                     be made to the Copyright Office, or                   AGENCY
                                             delivery method the Register specifies                     (ii) The period of time (e.g., overnight,
                                             in a published announcement under                       or two days) from receipt by the                      40 CFR Part 81
                                             paragraph (a) of this section.                          delivery service to the date on which                 [EPA–HQ–OAR–2012–0918; FRL–9962–89–
                                                (2) With respect to disruption                       delivery was to be made to the                        OAR]
                                             affecting specific submission. In the                   Copyright Office;
                                             absence of a declaration of disruption                     (3) A statement under penalty of                   RIN 2060–AT44
                                             under paragraph (a) of this section, any                perjury, pursuant to 28 U.S.C. 1746,
                                                                                                                                                           Air Quality Designations for the 2012
                                             person who provides satisfactory                        from a person with actual knowledge of
                                                                                                                                                           Primary Annual Fine Particle (PM2.5)
                                             evidence as described in paragraph (e)                  the facts relating to the attempt to
                                                                                                                                                           National Ambient Air Quality Standard
                                             of this section that he or she physically               deliver the material to the Copyright
                                                                                                                                                           (NAAQS) for Areas in Tennessee
                                             delivered or attempted to physically                    Office, setting forth with particularity
                                             deliver an application, fee, deposit, or                facts which satisfy the Register that in
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                                                                                                                                                           AGENCY:  Environmental Protection
                                             other material to the Copyright Office,                 the absence of the general disruption or              Agency (EPA).
                                             but that the Office did not receive that                suspension of postal or other                         ACTION: Final rule.
                                             material or that it was lost or misplaced               transportation or communications
                                             by the Office after its delivery to the                 services, including a disruption or                   SUMMARY:  The Environmental Protection
                                             Office, shall be assigned, as the date of               suspension of a Copyright Office                      Agency (EPA) is establishing air quality
                                             receipt, the date that the Register                     electronic system, or but for the                     designations in the United States (U.S.)


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Document Created: 2018-11-08 08:47:11
Document Modified: 2018-11-08 08:47:11
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective June 19, 2017.
ContactAnna Chauvet, Assistant General Counsel, by email at [email protected], or by telephone at 202-707-8350.
FR Citation82 FR 22886 

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