82 FR 27424 - Supplementary Registration
LIBRARY OF CONGRESS
Copyright Office Federal Register Volume 82, Issue 114 (June 15, 2017)
Copyright Office
Federal Register Volume 82, Issue 114 (June 15, 2017)
| Page Range | 27424-27428 | |
| FR Document | 2017-12453 |
[Federal Register Volume 82, Number 114 (Thursday, June 15, 2017)] [Rules and Regulations] [Pages 27424-27428] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-12453] ======================================================================= ----------------------------------------------------------------------- LIBRARY OF CONGRESS Copyright Office 37 CFR Parts 201 and 202 [Docket No. 2016-9] Supplementary Registration AGENCY: U.S. Copyright Office, Library of Congress. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The United States Copyright Office is modernizing its registration practices to increase the efficiency of the registration process for both the Office and copyright owners. To further these efforts, this final rule adopts modifications to the Office's procedures for supplementary registration. Specifically, the Office adopts a new rule that, in most cases, requires applicants to submit an online application in order to correct or amplify the information set forth in a basic registration. In addition, the Office is amending the regulation to codify and update certain practices that are set forth in the Compendium of U.S. Copyright Office Practices, Third Edition and to improve the readability of the regulation. DATES: Effective July 17, 2017. FOR FURTHER INFORMATION CONTACT: Robert J. Kasunic, Associate Register and Director of Registration Policy and Practice, by telephone at (202) 707-8040; Erik Bertin, Deputy Director of Registration Policy and Practice, by telephone at 202-707-8040; or Emma Raviv, Barbara A. Ringer Fellow, by telephone at 202-707-3246. SUPPLEMENTARY INFORMATION: I. Background On December 1, 2016, the Copyright Office (the ``Office'') published a Notice of Proposed Rulemaking (``NPRM'') setting forth proposed regulatory amendments designed to make the procedure for supplementary registration more efficient. See 81 FR 86656 (Dec. 1, 2016). 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. Section 408(d) of the Copyright Act authorizes the Register of Copyrights to establish such procedures. 17 U.S.C. 408(d). The NPRM explained in detail the rationale for one major change to the supplementary registration procedures. Previously, and since 2007, the Office allowed and encouraged applicants to register their works through the electronic registration system, see 72 FR 36883 (July 6, 2007), but to seek a supplementary registration, applicants had to submit a paper application using Form CA. 37 CFR 201.5(c)(1), (c)(2). Under the rule proposed in the NPRM, applicants will be required to file an online application to correct or amplify the information set forth in a basic registration for any work that is capable of being registered through the electronic system, rather than filing a paper application. The NPRM identified the types of works that will be subject to this online filing requirement when the rule goes into effect, as well as other works that will be subject to this requirement in the near future. 81 FR at 86657-58 & nn. 3-8. The NPRM stated that if the Office subsequently moves registrations for other classes of works into the electronic system, supplementary registrations for those works will also be subject to this same requirement. Id. at 86658. Finally, the NPRM stated that applicants will be required to submit a paper application using Form CA to correct or amplify the registration record for works that cannot be registered through the electronic system, and it identified the three types of works that remain subject to the paper filing requirement. 81 FR at 86658 & nn. 11-13. The NPRM also proposed modifications to certain practices relating to supplementary registration. First, it clarified that the fee for online submission of a supplementary registration will be the same as the fee for paper submission, and that applicants may be assessed an additional fee if the basic registration has not yet been digitized by the Office, and if the applicant fails to provide a copy of that registration during the examination. Second, the NPRM proposed updating the regulation to reflect examination practices described in the Compendium of U.S. Copyright Office Practices, Third Edition (hereinafter ``Compendium''), the rules regarding when supplementary registration will be declined, and the practices regarding cross- references in the Office's public record. The NPRM also proposed clarifying the relationship between the basic and supplementary registrations, requiring a certification that the applicant has reviewed the basic registration, and laying out the referral procedure in the event of an Office error. The Office received four comments in response to the NPRM, from Authors Guild (``AG''); the Motion Picture Association of America, Inc. (``MPAA''); Author Services, Inc., representing the literary, theatrical, and musical works of L. Ron Hubbard (``Author Services''); and a coalition of organizations and advocates representing visual artists including photographers, videographers, illustrators, artists, and designers, as well as their licensing representatives (the ``Coalition of Visual Artists''). The Coalition of Visual Artists generally supported the modifications proposed in the NPRM, but articulated some concerns relating to the Office's separate rulemaking regarding group registration of photographs.\1\ Author Services, MPAA, and AG noted some objections but overall supported the proposed modifications. Having reviewed and carefully considered the comments received, the Office now issues a final rule that closely follows the proposed rule, with some alterations in response to the comments, as discussed below.\2\ --------------------------------------------------------------------------- \1\ 81 FR 86643 (Dec. 1, 2016). \2\ The final rule also makes some technical amendments to the proposed rule. It moves the regulation on supplementary registration to part 202 of title 37, which is the part that specifically addresses copyright registration. It also corrects spelling and punctuation discrepancies that appeared in Sec. Sec. 201.3(c)(9)(ii) and 201.5(d)(4)(i) and (ii) of the proposed rule. --------------------------------------------------------------------------- [[Page 27425]] II. Discussion of Comments A. Online Filing Requirement MPAA, Author Services, and the Coalition of Visual Artists all generally support the proposal to require applicants to use the Office's electronic registration system to seek a supplementary registration. But these parties did voice some concerns about a complete transition to the digital system. MPAA noted that there may be situations where the online system may be unavailable. MPAA suggested that applicants should be allowed to submit a paper application on the ``rare occasion(s)'' where the online system is down and an online application cannot be filed. MPAA Comments at 2. This is a legitimate concern, but it is not limited to supplementary registration. It potentially affects any USCO service or function that is offered or provided solely online, including preregistration, the designation for agents for online service providers, and responses to notices of proposed rulemaking. The Office recently proposed a rule in a separate rulemaking to provide a means for preserving/establishing a filing date for a supplementary registration--or any other type of registration--in cases where the electronic system is offline. See 82 FR 12326 (March 2, 2017). AG agreed that the ``policy considerations'' for requiring applicants to use an online application ``are sound.'' AG Comments at 3. They recognized that paper applications ``result in more work for the [Office].'' Id. at 2. However, AG expressed concern that a number of authors may prefer to use a paper application or may not have convenient access to the internet. Id. AG stated that the Office should continue to offer the paper application for a modest fee and should determine if there is sufficient demand for Form CA before phasing it out.\3\ Id. --------------------------------------------------------------------------- \3\ AG filed comments on behalf of its 9,000 members but apparently did not poll its members to determine if they would prefer to use a paper application or if they would be unable to use the online application due to a lack of internet access. --------------------------------------------------------------------------- Although the Office acknowledges the concerns, it has decided to implement the online application requirement and eliminate the paper application option for most works. The Office recognizes, however, that authors are accustomed to using Form CA. To ease the transition from the paper application to the online form, the Office is developing several new resources. The Office will revise Chapters 1400 and 1800 of the Compendium, which discuss the Office's practices and procedures for issuing supplementary registrations. The Office will also update Circular 8, which provides a general introduction to the topic of supplementary registration. The Office is also revising the instructions for Form CA to clarify the situations where this form can and cannot be used. And the Office has added a notice to the current form and instructions noting that in most cases, Form CA may not be used once the final rule goes into effect. In addition, the Office is also preparing an online tutorial that explains how to use the online application, and has prepared extensive help text within the application itself that should provide answers to frequently asked questions. In addition, Copyright Office staff will make themselves available to deliver tutorials for groups that are interested in learning more about the online registration process. The Office recognizes that some authors may not have broadband internet service or a convenient means of accessing the Office's Web site. In such cases, applicants could conceivably hire an attorney or seek pro bono representation to file the application on their behalf. But the Office recognizes that, as AG noted in its comments, this may impose a burden on applicants. AG Comments at 2. As AG suggested, the Office will address these concerns by offering ``special dispensation on a case by case basis.'' Id. The following provision (Sec. 202.6(e)(7)) has accordingly been added to the final rule: ``In an exceptional case, the Copyright Office may waive the requirements set forth in paragraph (e)(1) of this section, subject to such conditions as the Associate Register and Director of the Office of Registration Policy and Practice may impose on the applicant.'' Authors who do not have internet access and are unable to use the online application should contact the Office, and the Office will review the specific details of their cases and determine their eligibility. The Office will then make accommodations for applicants who receive a waiver under this provision. One accommodation that the Office plans to implement will be to allow such applicants to contact the Public Information Office (``PIO'') by telephone for assistance in filling out the application. A member of the staff will ask the applicant to provide the information that is called for in the application, such as the title of the work and the number assigned to the basic registration. In addition, PIO staff will ask the applicant to identify the information in the basic registration that should be corrected or amplified. PIO staff will enter this information into the electronic registration system. Then they will print a copy of the application and mail it to the applicant for his or her review. If the applicant approves the draft, he or she will sign the application and mail it back to the Office, along with a check to cover the filing fee. In providing this service, members of the PIO staff are not providing legal advice; their assistance is merely a service for convenience, and applicants remain responsible for providing accurate and complete information in their applications. Applicants should be aware that if they use this option, the effective date for their supplementary registration will be based on the date that the signed application and the filing fee are received. At this time, the Office does not intend to charge an additional fee for applicants who submit applications with the assistance of PIO. The Office will track the number of applicants who use this option and the amount of time needed to handle these requests. The Office will use this information in conducting its next fee study. B. Copy of the Basic Registration The NPRM explains that in certain circumstances, a registration specialist may ask the applicant to provide a copy of the basic registration certificate if that certificate had not previously been digitized by the Office (and thus cannot be retrieved through the electronic system). 81 FR 86659. Author Services contends that applicants should be allowed to digitally upload a copy of the basic registration certificate at the time of application (rather than waiting for the Office to request the certificate), and, indeed, should be required to do so in all cases. Author Services Comments at 1. Absent such an option, it opposes the proposed fee for preparing an additional copy of the basic registration. Id. at 2. While it may be possible to add an upload feature to the online application, doing so would increase the cost of development and delay the implementation of the release. And, in any event, submitting a copy of the basic registration certificate is unnecessary in most cases. As explained in the NPRM, the examiner should be able to generate a copy of the certificate from the Office's electronic system, if the registration was issued after 1994. If the certificate is not available through the electronic system, the examiner will ask the applicant to submit a copy via email. In most of those cases, the applicant should be able to provide a copy of the certificate, because the rule requires the applicant to certify that he [[Page 27426]] or she reviewed the basic registration certificate before submitting the application. If the applicant nevertheless is unable to submit a copy of the certificate in response to the examiner's request, only then will the Office will charge an additional fee to generate the basic certificate. 81 FR 86659 & n.21. Thus, Authors Services' concern regarding the fee will not arise in any case where the applicant has the basic registration certificate at hand. C. Other Concerns The Coalition of Visual Artists expressed concern that defendants often challenge the validity of basic registrations if there appear to be any errors in the certificate, even if they are merely technical mistakes. Coalition of Visual Artists Comments at 11-12. It urged that such errors ``should not invalidate registrations, and shouldn't require subsequent filing or correction costs,'' and encouraged the Office to provide more guidance as to the types of errors that are considered harmless/immaterial and, as such, do not require the filing of a supplementary registration for purposes of correcting the basic registration. Id. at 12. Compendium section 1800 provides detailed guidance on the types of corrections and amplifications that can or cannot be made with a supplementary registration, but the Office generally does not distinguish between material and immaterial errors. Nor would it be appropriate, in the context of this rulemaking, for the Office to attempt to catalog what errors are or are not material. In general, the Office encourages applicants to file applications for supplementary registration as soon as any errors in the basic application are discovered, and especially before initiating an infringement suit. If the Office is aware that a lawsuit has been filed, it may suspend further action on an application for supplementary registration until the dispute has been resolved if the proposed change is likely to be directly at issue in the case. Photographers represented by the Coalition of Visual Artists expressed concern that they would need to submit a separate application in order to correct each defect in a registration, such as errors in publication status, publication year, or the nation of first publication. Coalition of Visual Artists Comments at 13-14. This concern appears to be based on a misunderstanding of the rule: It should be possible to address all of the errors in a basic registration as part of one supplementary registration application, so long as those changes are otherwise permitted. Compendium sec. 1802.9(D). The photographers also expressed concerns with respect to the interaction between this rule and the separate proposed rule regarding group registration for unpublished photographs. See 81 FR 86643 (Dec. 1, 2016). They worried that if they use the group option for unpublished photographs, they may need to file a supplementary registration if some of the photographs in that group are published at some point in the future. They also expressed concern that a supplementary registration may be needed if the photographer needs to ``change, revise or edit'' the works that are later chosen for publication. Coalition of Visual Artists Comments at 11. Both concerns are misplaced. When the Office issues a group registration, it is effective as of the date that the application fee and deposit are received. If the photographs were unpublished as of that date, there is no need to correct or amplify the record if some or all of those works are later published. The fact that some or all of the photographs may be published at some point in the future does not affect the validity of the original registration. Indeed, if an applicant sought a supplementary registration seeking to change a registration for a group of unpublished photographs based on the later publication of some or all of those photographs, the Office would refuse to issue it. The regulation expressly states that a supplementary registration cannot be used to reflect ``changes in facts'' that occurred after the basic registration was issued, such as a subsequent change in publication status. Nor may a supplementary registration be used to reflect changes in the content of the work, such as the preparation of a new version of a preexisting work. 37 CFR 201.5(b)(2)(iii). Of course, photographers may seek a new basic registration when they create a new or derivative version of a preexisting image. And they may seek a new basic registration when a previously unpublished photograph has been published. 37 CFR 202.3(b)(11)(i). But this is not necessary to maintain the validity of an existing registration for the unpublished photograph or the preexisting photograph that was used to create the derivative work. Finally, the photographers represented by the Coalition of Visual Artists noted that it is difficult to distinguish between a published and an unpublished photograph. Coalition of Visual Artists Comments at 15. According to them, photographers may (presumably unintentionally) combine published and unpublished photographs in the same registration application, even though the Office's various registration options for multiple works require published and unpublished works to be registered separately. Id. Although the distinction between published and unpublished works is beyond the scope of this rulemaking, the Office notes that its rules regarding supplementary registration allow correction of such mistakes. Specifically, a supplementary registration may be used to exclude any published photographs from the group and limit the claim to the unpublished photographs that were unpublished as of the effective date (or vice versa). The Office notes, however, that under its rule it will not be possible to split the registration into two separate claims--one registration covering the unpublished photographs and the other covering the published ones. In such cases, a new basic registration would be needed to register the photographs that were excluded from the earlier registration. The deposit requirements for published and unpublished photographs are the same, as the Coalition for Visual Artists noted, but the eligibility and application requirements for such works are significantly different. Indeed, in general, when the Office registers works under one type of registration procedure, it will not accept an application that seeks to reclassify the works under a different type of procedure. For example, a supplementary registration cannot be used to change a registration for a group of published photographs into a registration for a compilation, a collective work, photographic database (or vice versa). These types of changes would alter the fundamental nature of the claim, and would undermine the legal presumptions afforded to the initial examination of the works. And it would be inconsistent with the statutory and regulatory provisions stating that a supplementary registration augments--but does not supersede--the basic registration. 17 U.S.C. 408(d); 37 CFR 201.5(d)(2). List of Subjects 37 CFR Part 201 Copyright, General provisions. 37 CFR Part 202 Copyright, Preregistration and registration of claims to copyright. [[Page 27427]] Final Regulations For the reasons set forth in the preamble, the U.S. Copyright Office amends 37 CFR parts 201 and 202 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. 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 ------------------------------------------------------------------------ * * * * * Sec. 201.5 [Removed and Reserved] 0 3. Remove and reserve Sec. 201.5. 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 [Amended] 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). 0 6. Add Sec. 202.6 to read as follows: Sec. 202.6 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 or 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 of this chapter. (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, or a group of related works registered under Sec. 202.3(b)(6) through (10) or Sec. 202.4, 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), 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, a database that does not consist predominantly of photographs registered under Sec. 202.3(b)(5), 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 [[Page 27428]] U.S. Copyright Office Practices, Third Edition. (5) The appropriate filing fee, as required by Sec. 201.3(c) of this chapter, 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. (7) In an exceptional case, the Copyright Office may waive the requirements set forth in paragraph (e)(1) of this section, subject to such conditions as the Associate Register and Director of the Office of Registration Policy and Practice may impose on the applicant. (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. Dated: May 31, 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. 2017-12453 Filed 6-14-17; 8:45 am] BILLING CODE 1410-30-P
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No objections to the proposed 8040; Erik Bertin, Deputy Director of paper filing requirement. 81 FR at 86658
temporary deviation were raised. Registration Policy and Practice, by & nn. 11–13.
Vessels able to pass through the telephone at 202–707–8040; or Emma The NPRM also proposed
bridge in the closed position may do so Raviv, Barbara A. Ringer Fellow, by modifications to certain practices
at anytime. The bridge will be able to telephone at 202–707–3246. relating to supplementary registration.
open for emergencies with one hour SUPPLEMENTARY INFORMATION: First, it clarified that the fee for online
advance notice. There is no immediate
I. Background submission of a supplementary
alternate route for vessels to pass. The
registration will be the same as the fee
Coast Guard will also inform the users On December 1, 2016, the Copyright for paper submission, and that
of the waterway through our Local and Office (the ‘‘Office’’) published a Notice applicants may be assessed an
Broadcast Notices to Mariners of the of Proposed Rulemaking (‘‘NPRM’’)
change in operating schedule for the additional fee if the basic registration
setting forth proposed regulatory has not yet been digitized by the Office,
bridge so vessel operators can arrange amendments designed to make the
their transits to minimize any impact and if the applicant fails to provide a
procedure for supplementary copy of that registration during the
caused by the temporary deviation. registration more efficient. See 81 FR
In accordance with 33 CFR 117.35(e), examination. Second, the NPRM
86656 (Dec. 1, 2016). A supplementary proposed updating the regulation to
the drawbridge must return to its regular registration is a special type of
operating schedule immediately at the reflect examination practices described
registration that may be used ‘‘to correct
end of the effective period of this in the Compendium of U.S. Copyright
an error in a copyright registration or to
temporary deviation. This deviation Office Practices, Third Edition
amplify the information given in a
from the operating regulations is (hereinafter ‘‘Compendium’’), the rules
registration.’’ Id. Specifically, it
authorized under 33 CFR 117.35. regarding when supplementary
identifies an error or omission in an
registration will be declined, and the
Dated: June 12, 2017. existing registration (referred to herein
as a ‘‘basic registration’’) and places the practices regarding cross-references in
C.T. Hausner,
corrected information or additional the Office’s public record. The NPRM
District Bridge Chief, Eleventh Coast Guard
information in the public record. also proposed clarifying the relationship
District.
Section 408(d) of the Copyright Act between the basic and supplementary
[FR Doc. 2017–12417 Filed 6–14–17; 8:45 am]
authorizes the Register of Copyrights to registrations, requiring a certification
BILLING CODE 9110–04–P
establish such procedures. 17 U.S.C. that the applicant has reviewed the
408(d). basic registration, and laying out the
The NPRM explained in detail the referral procedure in the event of an
LIBRARY OF CONGRESS Office error.
rationale for one major change to the
Copyright Office supplementary registration procedures. The Office received four comments in
Previously, and since 2007, the Office response to the NPRM, from Authors
37 CFR Parts 201 and 202 allowed and encouraged applicants to Guild (‘‘AG’’); the Motion Picture
register their works through the Association of America, Inc. (‘‘MPAA’’);
[Docket No. 2016–9]
electronic registration system, see 72 FR Author Services, Inc., representing the
Supplementary Registration 36883 (July 6, 2007), but to seek a literary, theatrical, and musical works of
supplementary registration, applicants L. Ron Hubbard (‘‘Author Services’’);
AGENCY: U.S. Copyright Office, Library had to submit a paper application using and a coalition of organizations and
of Congress. Form CA. 37 CFR 201.5(c)(1), (c)(2). advocates representing visual artists
ACTION: Final rule. Under the rule proposed in the NPRM, including photographers, videographers,
applicants will be required to file an illustrators, artists, and designers, as
SUMMARY: The United States Copyright online application to correct or amplify well as their licensing representatives
Office is modernizing its registration the information set forth in a basic (the ‘‘Coalition of Visual Artists’’). The
practices to increase the efficiency of registration for any work that is capable Coalition of Visual Artists generally
the registration process for both the of being registered through the supported the modifications proposed
Office and copyright owners. To further electronic system, rather than filing a
these efforts, this final rule adopts in the NPRM, but articulated some
paper application. The NPRM identified concerns relating to the Office’s separate
modifications to the Office’s procedures the types of works that will be subject
for supplementary registration. rulemaking regarding group registration
to this online filing requirement when of photographs.1 Author Services,
Specifically, the Office adopts a new the rule goes into effect, as well as other
rule that, in most cases, requires MPAA, and AG noted some objections
works that will be subject to this but overall supported the proposed
applicants to submit an online requirement in the near future. 81 FR at
application in order to correct or modifications. Having reviewed and
86657–58 & nn. 3–8. The NPRM stated carefully considered the comments
amplify the information set forth in a that if the Office subsequently moves
basic registration. In addition, the Office received, the Office now issues a final
registrations for other classes of works rule that closely follows the proposed
is amending the regulation to codify and into the electronic system,
update certain practices that are set rule, with some alterations in response
supplementary registrations for those to the comments, as discussed below.2
forth in the Compendium of U.S. works will also be subject to this same
Copyright Office Practices, Third requirement. Id. at 86658. Finally, the
pmangrum on DSK3GDR082PROD with RULES
1 81 FR 86643 (Dec. 1, 2016).
Edition and to improve the readability NPRM stated that applicants will be 2 The final rule also makes some technical
of the regulation. required to submit a paper application amendments to the proposed rule. It moves the
DATES: Effective July 17, 2017. using Form CA to correct or amplify the regulation on supplementary registration to part 202
FOR FURTHER INFORMATION CONTACT: registration record for works that cannot of title 37, which is the part that specifically
addresses copyright registration. It also corrects
Robert J. Kasunic, Associate Register be registered through the electronic spelling and punctuation discrepancies that
and Director of Registration Policy and system, and it identified the three types appeared in §§ 201.3(c)(9)(ii) and 201.5(d)(4)(i) and
Practice, by telephone at (202) 707– of works that remain subject to the (ii) of the proposed rule.
VerDate Sep<11>2014 14:00 Jun 14, 2017 Jkt 241001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\15JNR1.SGM 15JNR1](https://thefederalregister.org/doc/82_FR_27538/page/1.svg)
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II. Discussion of Comments The Office will also update Circular 8, staff will enter this information into the
which provides a general introduction electronic registration system. Then
A. Online Filing Requirement
to the topic of supplementary they will print a copy of the application
MPAA, Author Services, and the registration. The Office is also revising and mail it to the applicant for his or
Coalition of Visual Artists all generally the instructions for Form CA to clarify her review. If the applicant approves the
support the proposal to require the situations where this form can and draft, he or she will sign the application
applicants to use the Office’s electronic cannot be used. And the Office has and mail it back to the Office, along
registration system to seek a added a notice to the current form and with a check to cover the filing fee. In
supplementary registration. But these instructions noting that in most cases, providing this service, members of the
parties did voice some concerns about a Form CA may not be used once the final PIO staff are not providing legal advice;
complete transition to the digital rule goes into effect. their assistance is merely a service for
system. In addition, the Office is also convenience, and applicants remain
MPAA noted that there may be preparing an online tutorial that responsible for providing accurate and
situations where the online system may explains how to use the online complete information in their
be unavailable. MPAA suggested that application, and has prepared extensive applications. Applicants should be
applicants should be allowed to submit help text within the application itself aware that if they use this option, the
a paper application on the ‘‘rare that should provide answers to effective date for their supplementary
occasion(s)’’ where the online system is frequently asked questions. In addition, registration will be based on the date
down and an online application cannot Copyright Office staff will make that the signed application and the
be filed. MPAA Comments at 2. This is themselves available to deliver tutorials filing fee are received. At this time, the
a legitimate concern, but it is not for groups that are interested in learning Office does not intend to charge an
limited to supplementary registration. It more about the online registration additional fee for applicants who submit
potentially affects any USCO service or process. applications with the assistance of PIO.
function that is offered or provided The Office recognizes that some The Office will track the number of
solely online, including preregistration, authors may not have broadband applicants who use this option and the
the designation for agents for online internet service or a convenient means amount of time needed to handle these
service providers, and responses to of accessing the Office’s Web site. In requests. The Office will use this
notices of proposed rulemaking. The such cases, applicants could information in conducting its next fee
Office recently proposed a rule in a conceivably hire an attorney or seek pro study.
separate rulemaking to provide a means bono representation to file the
for preserving/establishing a filing date application on their behalf. But the B. Copy of the Basic Registration
for a supplementary registration—or any Office recognizes that, as AG noted in The NPRM explains that in certain
other type of registration—in cases its comments, this may impose a burden circumstances, a registration specialist
where the electronic system is offline. on applicants. AG Comments at 2. As may ask the applicant to provide a copy
See 82 FR 12326 (March 2, 2017). AG suggested, the Office will address of the basic registration certificate if that
AG agreed that the ‘‘policy these concerns by offering ‘‘special certificate had not previously been
considerations’’ for requiring applicants dispensation on a case by case basis.’’ digitized by the Office (and thus cannot
to use an online application ‘‘are Id. The following provision be retrieved through the electronic
sound.’’ AG Comments at 3. They (§ 202.6(e)(7)) has accordingly been system). 81 FR 86659. Author Services
recognized that paper applications added to the final rule: ‘‘In an contends that applicants should be
‘‘result in more work for the [Office].’’ exceptional case, the Copyright Office allowed to digitally upload a copy of the
Id. at 2. However, AG expressed concern may waive the requirements set forth in basic registration certificate at the time
that a number of authors may prefer to paragraph (e)(1) of this section, subject of application (rather than waiting for
use a paper application or may not have to such conditions as the Associate the Office to request the certificate),
convenient access to the internet. Id. AG Register and Director of the Office of and, indeed, should be required to do so
stated that the Office should continue to Registration Policy and Practice may in all cases. Author Services Comments
offer the paper application for a modest impose on the applicant.’’ Authors who at 1. Absent such an option, it opposes
fee and should determine if there is do not have internet access and are the proposed fee for preparing an
sufficient demand for Form CA before unable to use the online application additional copy of the basic registration.
phasing it out.3 Id. should contact the Office, and the Office Id. at 2.
Although the Office acknowledges the will review the specific details of their While it may be possible to add an
concerns, it has decided to implement cases and determine their eligibility. upload feature to the online application,
the online application requirement and The Office will then make doing so would increase the cost of
eliminate the paper application option accommodations for applicants who development and delay the
for most works. The Office recognizes, receive a waiver under this provision. implementation of the release. And, in
however, that authors are accustomed to One accommodation that the Office any event, submitting a copy of the
using Form CA. To ease the transition plans to implement will be to allow basic registration certificate is
from the paper application to the online such applicants to contact the Public unnecessary in most cases. As explained
form, the Office is developing several Information Office (‘‘PIO’’) by telephone in the NPRM, the examiner should be
new resources. The Office will revise for assistance in filling out the able to generate a copy of the certificate
Chapters 1400 and 1800 of the application. A member of the staff will from the Office’s electronic system, if
Compendium, which discuss the ask the applicant to provide the the registration was issued after 1994. If
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Office’s practices and procedures for information that is called for in the the certificate is not available through
issuing supplementary registrations. application, such as the title of the work the electronic system, the examiner will
and the number assigned to the basic ask the applicant to submit a copy via
3 AG filed comments on behalf of its 9,000
registration. In addition, PIO staff will email. In most of those cases, the
members but apparently did not poll its members
to determine if they would prefer to use a paper
ask the applicant to identify the applicant should be able to provide a
application or if they would be unable to use the information in the basic registration that copy of the certificate, because the rule
online application due to a lack of internet access. should be corrected or amplified. PIO requires the applicant to certify that he
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![Federal Register / Vol. 82, No. 114 / Thursday, June 15, 2017 / Rules and Regulations 27427
Final Regulations (i) A copyright registration made (5) If an error or omission in a basic
For the reasons set forth in the under sections 408, 409, and 410 of title renewal registration is extremely minor,
preamble, the U.S. Copyright Office 17 of the United States Code; and does not involve the identity of the
amends 37 CFR parts 201 and 202 as (ii) A renewal registration made under renewal claimant or the legal basis of
follows: section 304 of title 17 of the United the claim, supplementary registration
States Code; or may be made at any time. In an
PART 201—GENERAL PROVISIONS (iii) A copyright registration or a exceptional case, however,
renewal registration made under title 17 supplementary registration may be
■ 1. The authority citation for part 201 of the United States Code as it existed made to correct the name of the renewal
continues to read as follows: before January 1, 1978. claimant and the legal basis of the claim
Authority: 17 U.S.C. 702. (2) A supplementary registration if clear, convincing, and objective
means a registration issued under documentation is submitted to the
■ 2. Amend § 201.3 by revising Copyright Office which proves that an
section 408(d) of title 17 of the United
paragraph (c)(9) to read as follows: inadvertent error was made in failing to
States Code and the provisions of this
§ 201.3 Fees for registration, recordation, section. designate the correct living statutory
and related services, special services, and (c) Persons entitled to file an renewal claimant in the basic renewal
services performed by the Licensing application for supplementary registration.
Division. registration. Supplementary registration (6) In general, the Copyright Office
* * * * * can be made only if a basic copyright will not issue a supplementary
(c) * * * registration for the same work has registration for a basic registration made
already been completed. After a basic under title 17 of the United States Code
(9) Registration of a correction or am- registration has been completed, any as it existed before January 1, 1978. In
plification to a claim: author or other copyright claimant of an exceptional case, the Copyright
(i) Supplementary registration: Elec- the work, or the owner of any exclusive Office may issue a supplementary
tronic filing or paper filing ................. 130 right in the work, or the duly authorized registration for such a registration, if the
(ii) Correction of a design registration:
agent of any such author, other correction or amplification is supported
Form DC ........................................... 100 by clear, convincing, and objective
claimant, or owner, who wishes to
correct or amplify the information given documentation.
* * * * * (e) Application for supplementary
in the basic registration for the work
registration. (1) To seek a
§ 201.5 [Removed and Reserved] may file an application for
supplementary registration for a work
3. Remove and reserve § 201.5. supplementary registration.
■ registered in Class TX, PA, VA, SR, or
(d) Basis for issuing a supplementary SE., an unpublished collection or a unit
PART 202—PREREGISTRATION AND registration. (1) Supplementary of publication registered under § 202.3,
REGISTRATION OF CLAIMS TO registration may be made either to or a group of related works registered
COPYRIGHT correct or to amplify the information in under § 202.3(b)(6) through (10) or
a basic registration. § 202.4, an applicant must complete and
■ 4. The authority citation for part 202 (2) A correction is appropriate if submit the online application
continues to read as follows: information in the basic registration was designated for supplementary
Authority: 17 U.S.C. 408(f), 702. incorrect at the time that basic registration.
registration was made. (2) To seek a supplementary
§ 202.3 [Amended] (3) An amplification is appropriate: registration for a database that consists
■ 5. Amend § 202.3 as follows: (i) To supplement or clarify the predominantly of photographs
■ a. In paragraph (b)(11)(iii), remove the information that was required by the registered under § 202.3(b)(5), an
phrase ‘‘by that applicant; and’’ and add application for the basic registration and applicant must complete and submit the
in its place ‘‘by that applicant.’’ should have been provided, such as the online application designated for
■ b. Remove paragraph (b)(11)(iv). identity of a co-author or co-claimant, supplementary registration after
■ 6. Add § 202.6 to read as follows: but was omitted at the time the basic consultation with and under the
registration was made; or direction of the Visual Arts Division.
§ 202.6 Supplementary registration. (ii) To reflect changes in facts, other (3) To seek a supplementary
(a) General. This section prescribes than those relating to transfer, license, registration for a restored work
conditions relating to the filing of an or ownership of rights in the work, that registered under § 202.12, a database
application for supplementary occurred since the basic registration was that does not consist predominantly of
registration under section 408(d) of title made. photographs registered under
17 of the United States Code to correct (4) Supplementary registration is not § 202.3(b)(5), or a renewal registration,
an error in a copyright registration or to appropriate: an applicant must complete and submit
amplify the information given in a (i) To reflect a change in ownership a paper application using Form CA.
registration. No correction or that occurred on or after the effective (4) Before submitting the application,
amplification of the information in a date of the basic registration or to reflect the applicant must sign a certification
basic registration will be made except the division, allocation, licensing, or stating that the applicant reviewed a
pursuant to the provisions of this transfer of rights in a work; copy of the certificate of registration for
section. As an exception, where it is (ii) To correct errors in statements or the basic registration that will be
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discovered that a basic registration notices on the copies or phonorecords of corrected or amplified by the
contains an error caused by the a work, or to reflect changes in the supplementary registration. To obtain a
Copyright Office’s own action, the content of a work; or copy of the certificate, the applicant
Office will take appropriate measures to (iii) To correct or amplify the may submit a written request to the
rectify its mistake. information set forth in a basic Records Research and Certification
(b) Definitions. (1) A basic registration registration that has been cancelled Section using the procedure set forth in
means any of the following: under § 201.7 of this chapter. Chapter 2400 of the Compendium of
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![27428 Federal Register / Vol. 82, No. 114 / Thursday, June 15, 2017 / Rules and Regulations
U.S. Copyright Office Practices, Third ENVIRONMENTAL PROTECTION Environmental Protection Agency,
Edition. AGENCY Region 4, 61 Forsyth Street SW.,
(5) The appropriate filing fee, as Atlanta, Georgia 30303–8960. EPA
40 CFR Part 52 requests that if at all possible, you
required by § 201.3(c) of this chapter,
must be included with the application [EPA–R04–OAR–2016–0748; FRL–9963–48– contact the person listed in the FOR
Region 4] FURTHER INFORMATION CONTACT section to
or charged to an active deposit account.
schedule your inspection. The Regional
At the Office’s discretion, the applicant
Air Plan Approvals; TN; Prong 4–2010 Office’s official hours of business are
may be required to pay an additional fee Monday through Friday 8:30 a.m. to
NO2, SO2, and 2012 PM2.5 NAAQS
to make a copy of the certificate of 4:30 p.m., excluding federal holidays.
registration for the basic registration that AGENCY: Environmental Protection
FOR FURTHER INFORMATION CONTACT:
will be corrected or amplified by the Agency.
Sean Lakeman of the Air Regulatory
supplementary registration. ACTION: Final rule.
Management Section, Air Planning and
(6) Copies, phonorecords, or SUMMARY: The Environmental Protection Implementation Branch, Air, Pesticides
supporting documents cannot be made Agency (EPA) is conditionally and Toxics Management Division, U.S.
part of the record for a supplementary approving the visibility transport (prong Environmental Protection Agency,
registration and should not be submitted 4) portions of revisions to the Tennessee Region 4, 61 Forsyth Street SW.,
with the application. State Implementation Plan (SIP), Atlanta, Georgia 30303–8960. Mr.
(7) In an exceptional case, the submitted by the Tennessee Department Lakeman can be reached by telephone at
Copyright Office may waive the of Environment and Conservation (404) 562–9043 or via electronic mail at
requirements set forth in paragraph (TDEC), addressing the Clean Air Act lakeman.sean@epa.gov.
(e)(1) of this section, subject to such (CAA or Act) infrastructure SIP SUPPLEMENTARY INFORMATION:
conditions as the Associate Register and requirements for the 2010 1-hour I. Background
Director of the Office of Registration Nitrogen Dioxide (NO2), 2010 1-hour
Sulfur Dioxide (SO2), and 2012 annual By statute, SIPs meeting the
Policy and Practice may impose on the
Fine Particulate Matter (PM2.5) National requirements of sections 110(a)(1) and
applicant. (2) of the CAA are to be submitted by
Ambient Air Quality Standards
(f) Effect of supplementary (NAAQS). The CAA requires that each states within three years after
registration. (1) When the Copyright state adopt and submit a SIP for the promulgation of a new or revised
Office completes a supplementary implementation, maintenance, and NAAQS to provide for the
registration, it will issue a certificate of enforcement of each NAAQS implementation, maintenance, and
supplementary registration bearing a promulgated by EPA, commonly enforcement of the new or revised
new registration number in the referred to as an ‘‘infrastructure SIP.’’ NAAQS. EPA has historically referred to
appropriate class. The Office will cross- Specifically, EPA is conditionally these SIP submissions made for the
reference the records for the basic approving the prong 4 portions of purpose of satisfying the requirements
registration and the supplementary Tennessee’s March 13, 2014, 2010 1- of sections 110(a)(1) and 110(a)(2) as
registration by placing a note in each hour NO2 and 2010 1-hour SO2 ‘‘infrastructure SIP’’ submissions.
record that identifies the registration infrastructure SIP submission and Sections 110(a)(1) and (2) require states
number and effective date of registration December 16, 2015, 2012 annual PM2.5 to address basic SIP elements such as
for the related registration. infrastructure SIP submission. All other for monitoring, basic program
applicable infrastructure requirements requirements, and legal authority that
(2) As provided in section 408(d) of are designed to assure attainment and
for these SIP submissions have been or
title 17 of the United States Code, the maintenance of the newly established or
will be addressed in separate
information contained in a revised NAAQS. More specifically,
rulemakings.
supplementary registration augments section 110(a)(1) provides the
but does not supersede that contained in DATES: This rule is effective July 17, procedural and timing requirements for
the basic registration. The basic 2017. infrastructure SIPs. Section 110(a)(2)
registration will not be expunged or ADDRESSES: EPA has established a lists specific elements that states must
cancelled. docket for this action under Docket meet for the infrastructure SIP
Dated: May 31, 2017. Identification No. EPA–R04–OAR– requirements related to a newly
2016–0748. All documents in the docket established or revised NAAQS. The
Karyn Temple Claggett,
are listed on the www.regulations.gov contents of an infrastructure SIP
Acting Register of Copyrights and Director Web site. Although listed in the index, submission may vary depending upon
of the U.S. Copyright Office. some information may not be publicly the data and analytical tools available to
Approved by: available, i.e., Confidential Business the state, as well as the provisions
Carla D. Hayden, Information or other information whose already contained in the state’s
Librarian of Congress.
disclosure is restricted by statute. implementation plan at the time in
Certain other material, such as which the state develops and submits
[FR Doc. 2017–12453 Filed 6–14–17; 8:45 am]
copyrighted material, is not placed on the submission for a new or revised
BILLING CODE 1410–30–P the Internet and will be publicly NAAQS.
available only in hard copy form. Section 110(a)(2)(D) has two
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Publicly available docket materials are components: 110(a)(2)(D)(i) and
available either electronically through 110(a)(2)(D)(ii). Section 110(a)(2)(D)(i)
www.regulations.gov or in hard copy at includes four distinct components,
the Air Regulatory Management Section, commonly referred to as ‘‘prongs,’’ that
Air Planning and Implementation must be addressed in infrastructure SIP
Branch, Air, Pesticides and Toxics submissions. The first two prongs,
Management Division, U.S. which are codified in section
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Document Created: 2017-06-15 01:03:51
Document Modified: 2017-06-15 01:03:51
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective July 17, 2017. | |
| Contact | Robert J. Kasunic, Associate Register and Director of Registration Policy and Practice, by telephone at (202) 707-8040; Erik Bertin, Deputy Director of Registration Policy and Practice, by telephone at 202-707-8040; or Emma Raviv, Barbara A. Ringer Fellow, by telephone at 202-707-3246. | |
| FR Citation | 82 FR 27424 | |
| CFR Citation | 37
CFR
201 37 CFR 202 | |
| CFR Associated | Copyright; General Provisions and Preregistration and Registration of Claims to Copyright |
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