82 FR 42735 - Affixation and Position of Copyright Notice
LIBRARY OF CONGRESS
U.S. Copyright Office Federal Register Volume 82, Issue 175 (September 12, 2017)
U.S. Copyright Office
Federal Register Volume 82, Issue 175 (September 12, 2017)
| Page Range | 42735-42738 | |
| FR Document | 2017-19285 |
[Federal Register Volume 82, Number 175 (Tuesday, September 12, 2017)] [Rules and Regulations] [Pages 42735-42738] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-19285] ======================================================================= ----------------------------------------------------------------------- LIBRARY OF CONGRESS U.S. Copyright Office 37 CFR Parts 201 and 202 [Docket No. 2017-13] Affixation and Position of Copyright Notice AGENCY: U.S. Copyright Office, Library of Congress. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This final rule makes a non-substantive technical change to the U.S. Copyright Office's regulations governing the affixation and position of copyright notice on various types of works. DATES: Effective October 12, 2017. FOR FURTHER INFORMATION CONTACT: Erik Bertin, Deputy Director of Registration Policy and Practice, by email at [email protected]; or Andrew P. Moore, Barbara A. Ringer Honors Fellow, by email at [email protected]. Both can be reached by telephone by calling 202-707-8040. [[Page 42736]] SUPPLEMENTARY INFORMATION: As part of the U.S. Copyright Office's ongoing efforts to streamline its regulations, the Office is consolidating its regulations related to copyright notice.\1\ Copyright notice was required for works published prior to January 1, 1978, which were governed by the Copyright Act of 1909. Before the Copyright Act of 1976, if a work was not published with a proper copyright notice, copyright protection for the work was lost in the United States.\2\ The 1976 Act also generally required copyright notice (unless a statutory exemption applied) until March 1, 1989, when the Berne Convention Implementation Act of 1988 took effect, making copyright notice optional.\3\ If a work was publicly distributed prior to the Berne Convention Implementation Act, the omission of a copyright notice did not invalidate the copyright in a work if the notice was omitted from a relatively small number of copies, registration was made within five years after publication and a reasonable effort was made to add notices to copies distributed to the public after the omission was discovered, or the omission was a result of a violation of an express agreement requiring affixation of notice in order to publicly distribute copies.\4\ --------------------------------------------------------------------------- \1\ Copyright notice placement on phonorecords is governed by statute rather than regulations and can be found at 17 U.S.C. 402(b)-(c). These provisions remain unaffected by this final rule. \2\ Sec. 9, Public Law 60-349, 35 Stat. 1075, 1077 (1909); see also Stewart v. Abend, 495 U.S. 207, 233 (1990) (``Under the 1909 Act, it was necessary to publish the work with proper notice to obtain copyright. Publication of a work without proper notice automatically sent a work into the public domain.''). \3\ Sec. 7, Public Law 100-568, 102 Stat. 2853, 2857 (1988). \4\ 17 U.S.C. 405(a). --------------------------------------------------------------------------- While U.S. law no longer requires the use of a copyright notice, placing it on a work does have some legal benefits. For example, the use of notice can inform the public that a work is protected by copyright and provide information on authorship and the date of first publication.\5\ Additionally, in an infringement action, a court will not give weight to a defendant's use of an innocent infringement defense, which could otherwise result in a reduction of damages, if the relevant copies of the work in question had a proper copyright notice.\6\ --------------------------------------------------------------------------- \5\ 17 U.S.C. 405(b). \6\ 17 U.S.C. 401(d). For additional background information on copyright notice, see U.S. Copyright Office, Circular 3: Copyright Notice (2013). --------------------------------------------------------------------------- Currently, two sections of the Office's regulations concern copyright notice: One contains provisions governing copyright notice generally, 37 CFR 202.2, and the other specifies methods of affixation and positions of the copyright notice on various types of works, 37 CFR 201.20. Because the information and requirements contained in these two separate sections are more appropriately contained in a single location, the contents of 37 CFR 201.20 are being relocated to 37 CFR 202.2. The current 37 CFR 201.20 is now rendered duplicative and is being removed and reserved. In addition to relocating the contents of 37 CFR 201.20, minor technical changes are being made to its contents including removing superfluous definitions previously contained in 37 CFR 201.20(b)(1) and (2) \7\ and relocating the definition of ``machine-readable copy'' Sec. 202.2(c)(2), which is dedicated to definitions. --------------------------------------------------------------------------- \7\ See 37 CFR 201.20(b)(1) (defining ``audiovisual works, collective works, copies, device, fixed, machine, motion picture, pictorial, graphic, and sculptural works'' to have the same meaning given to them in 17 U.S.C. 101); id. at 201.20(b)(2) (defining ``Title 17'' as ``title 17 of the United States Code, as amended by Pub. L. 94-553''). --------------------------------------------------------------------------- In addition to the technical changes discussed above regarding copyright notice, this rule is fixing two typos in the 37 CFR 202.6(e)(1), removing an extraneous period and adding a missing comma. Because this amendment is a non-substantive, technical change not ``alter[ing] the rights or interest of parties,'' it is therefore not subject to the notice and comment requirements of the Administrative Procedure Act,\8\ and the Office is publishing this as a final rule without first publishing a notice of proposed rulemaking. Other provisions in the regulations that relate to copyright notice remain unaffected. --------------------------------------------------------------------------- \8\ See Nat'l Mining Ass'n v. McCarthy, 758 F.3d 243, 250 (D.C. Cir. 2014); 5 U.S.C. 553(b) (notice and comment not required for ``interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice''). --------------------------------------------------------------------------- List of Subjects in 37 CFR Parts 201 and 202 Copyright. Final Regulations For the reasons set forth in the above, the 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. Sec. 201.20 [Removed and Reserved] 0 2. Remove and reserve Sec. 201.20. PART 202--PREREGISTRATION AND REGISTRATION OF CLAIMS TO COPYRIGHT 0 3. The authority citation for part 202 continues to read as follows: Authority: 17 U.S.C. 408(f), 702. 0 4. In Sec. 202.2, add paragraph (c) to read as follows: Sec. 202.2 Copyright notice. * * * * * (c) Methods of affixation and positions of the copyright notice on various types of works--(1) General. (i) This paragraph specifies examples of methods of affixation and positions of the copyright notice on various types of works that will satisfy the notice requirement of section 401(c) of title 17 of the United States Code, as amended by Public Law 94-553. A notice considered ``acceptable'' under this regulation shall be considered to satisfy the requirement of that section that it be ``affixed to the copies in such manner and location as to give reasonable notice of the claim of copyright.'' As provided by that section, the examples specified in this regulation shall not be considered exhaustive of methods of affixation and positions giving reasonable notice of the claim of copyright. (ii) The provisions of this paragraph are applicable to copies publicly distributed on or after December 1, 1981. This paragraph does not establish any rules concerning the form of the notice or the legal sufficiency of particular notices, except with respect to methods of affixation and positions of notice. The adequacy or legal sufficiency of a copyright notice is determined by the law in effect at the time of first publication of the work. (2) Definitions. For the purposes of this paragraph: (i) In the case of a work consisting preponderantly of leaves on which the work is printed or otherwise reproduced on both sides, a ``page'' is one side of a leaf; where the preponderance of the leaves are printed on one side only, the terms ``page'' and ``leaf'' mean the same. (ii) A work is published in book form if the copies embodying it consist of multiple leaves bound, fastened, or assembled in a predetermined order, as, for example, a volume, booklet, pamphlet, or multipage folder. For the purpose of this paragraph, a work need not consist of textual matter in order to be considered published in ``book form.'' (iii) A title page is a page, or two consecutive pages facing each other, appearing at or near the front of the [[Page 42737]] copies of a work published in book form, on which the complete title of the work is prominently stated and on which the names of the author or authors, the name of the publisher, the place of publication, or some combination of them, are given. (iv) The meaning of the terms front, back, first, last, and following, when used in connection with works published in book form, will vary in relation to the physical form of the copies, depending upon the particular language in which the work is written. (v) In the case of a work published in book form with a hard or soft cover, the front page and back page of the copies are the outsides of the front and back covers; where there is no cover, the ``front page,'' and ``back page'' are the pages visible at the front and back of the copies before they are opened. (vi) A masthead is a body of information appearing in approximately the same location in most issues of a newspaper, magazine, journal, review, or other periodical or serial, typically containing the title of the periodical or serial, information about the staff, periodicity of issues, operation, and subscription and editorial policies, of the publication. (vii) A single-leaf work is a work published in copies consisting of a single leaf, including copies on which the work is printed or otherwise reproduced on either one side or on both sides of the leaf, and also folders which, without cutting or tearing the copies, can be opened out to form a single leaf. For the purpose of this paragraph, a work need not consist of textual matter in order to be considered a ``single-leaf work.'' (viii) A machine-readable copy is a copy from which the work cannot ordinarily be visually perceived except with the aid of a machine or device, such as magnetic tapes or disks, punched cards, or the like. Works published in a form requiring the use of a machine or device for purposes of optical enlargement (such as film, filmstrips, slide films, and works published in any variety of microform) and works published in visually perceptible form but used in connection with optical scanning devices, are not within this category. (3) Manner of affixation and position generally. (i) In all cases dealt with in this paragraph, the acceptability of a notice depends upon its being permanently legible to an ordinary user of the work under normal conditions of use, and affixed to the copies in such manner and position that, when affixed, it is not concealed from view upon reasonable examination. (ii) Where, in a particular case, a notice does not appear in one of the precise locations prescribed in this paragraph but a person looking in one of those locations would be reasonably certain to find a notice in another somewhat different location, that notice will be acceptable under this paragraph. (4) Works published in book form. In the case of works published in book form, a notice reproduced on the copies in any of the following positions is acceptable: (i) The title page, if any; (ii) The page immediately following the title page, if any; (iii) Either side of the front cover, if any; or, if there is no front cover, either side of the front leaf of the copies; (iv) Either side of the back cover, if any; or, if there is no back cover, either side of the back leaf of the copies; (v) The first page of the main body of the work; (vi) The last page of the main body of the work; (vii) Any page between the front page and the first page of the main body of the work, if: (A) There are no more than ten pages between the front page and the first page of the main body of the work; and (B) The notice is reproduced prominently and is set apart from other matter on the page where it appears; (viii) Any page between the last page of the main body of the work and back page, if: (A) There are no more than ten pages between the last page of the main body of the work and the back page; and (B) The notice is reproduced prominently and is set apart from the other matter on the page where it appears. (ix) In the case of a work published as an issue of a periodical or serial, in addition to any of the locations listed in paragraphs (c)(4)(i) through (viii) of this section, a notice is acceptable if it is located: (A) As a part of, or adjacent to, the masthead; (B) On the page containing the masthead if the notice is reproduced prominently and is set apart from the other matter appearing on the page; or (C) Adjacent to a prominent heading, appearing at or near the front of the issue, containing the title of the periodical or serial and any combination of the volume and issue number and date of the issue. (x) In the case of a musical work, in addition to any of the locations listed in paragraphs (c)(4)(i) through (ix) of this section, a notice is acceptable if it is located on the first page of music. (5) Single-leaf works. In the case of single-leaf works, a notice reproduced on the copies anywhere on the front or back of the leaf is acceptable. (6) Contributions to collective works. For a separate contribution to a collective work to be considered to ``bear its own notice of copyright,'' as provided by 17 U.S.C. 404, a notice reproduced on the copies in any of the following positions is acceptable: (i) Where the separate contribution is reproduced on a single page, a notice is acceptable if it appears: (A) Under the title of the contribution on that page; (B) Adjacent to the contribution; or (C) On the same page if, through format, wording, or both, the application of the notice to the particular contribution is made clear; (ii) Where the separate contribution is reproduced on more than one page of the collective work, a notice is acceptable if it appears: (A) Under a title appearing at or near the beginning of the contribution; (B) On the first page of the main body of the contribution; (C) Immediately following the end of the contribution; or (D) On any of the pages where the contribution appears, if: (1) The contribution is reproduced on no more than twenty pages of the collective work; (2) The notice is reproduced prominently and is set apart from other matter on the page where it appears; and (3) Through format, wording, or both, the application of the notice to the particular contribution is made clear; (iii) Where the separate contribution is a musical work, in addition to any of the locations listed in paragraphs (c)(6)(i) and (ii) of this section, a notice is acceptable if it is located on the first page of music of the contribution; (iv) As an alternative to placing the notice on one of the pages where a separate contribution itself appears, the contribution is considered to ``bear its own notice'' if the notice appears clearly in juxtaposition with a separate listing of the contribution by title, or if the contribution is untitled, by a description reasonably identifying the contribution: (A) On the page bearing the copyright notice for the collective work as a whole, if any; or (B) In a clearly identified and readily-accessible table of contents or listing of acknowledgements appearing near the front or back of the collective work as a whole. (7) Works reproduced in machine-readable copies. For works reproduced in machine-readable copies, each of the following constitutes an example of acceptable methods of affixation and position of notice: [[Page 42738]] (i) A notice embodied in the copies in machine-readable form in such a manner that on visually perceptible printouts it appears either with or near the title, or at the end of the work; (ii) A notice that is displayed at the user's terminal at sign on; (iii) A notice that is continuously on terminal display; or (iv) A legible notice reproduced durably, so as to withstand normal use, on a gummed or other label securely affixed to the copies or to a box, reel, cartridge, cassette, or other container used as a permanent receptacle for the copies. (8) Motion pictures and other audiovisual works. (i) The following constitute examples of acceptable methods of affixation and positions of the copyright notice on motion pictures and other audiovisual works: A notice that is embodied in the copies by a photomechanical or electronic process, in such a position that it ordinarily would appear whenever the work is performed in its entirety, and that is located: (A) With or near the title; (B) With the cast, credits, and similar information; (C) At or immediately following the beginning of the work; or (D) At or immediately preceding the end of the work. (ii) In the case of an untitled motion picture or other audiovisual work whose duration is sixty seconds or less, in addition to any of the locations listed in paragraph (c)(8)(i) of this section, a notice that is embodied in the copies by a photomechanical or electronic process, in such a position that it ordinarily would appear to the projectionist or broadcaster when preparing the work for performance, is acceptable if it is located on the leader of the film or tape immediately preceding the beginning of the work. (iii) In the case of a motion picture or other audiovisual work that is distributed to the public for private use, the notice may be affixed, in addition to the locations specified in paragraph (c)(8)(i) of this section, on the housing or container, if it is a permanent receptacle for the work. (9) Pictorial, graphic, and sculptural works. The following constitute examples of acceptable methods of affixation and positions of the copyright notice on various forms of pictorial, graphic, and sculptural works: (i) Where a work is reproduced in two-dimensional copies, a notice affixed directly or by means of a label cemented, sewn, or otherwise attached durably, so as to withstand normal use, of the front or back of the copies, or to any backing, mounting, matting, framing, or other material to which the copies are durably attached, so as to withstand normal use, or in which they are permanently housed, is acceptable. (ii) Where a work is reproduced in three-dimensional copies, a notice affixed directly or by means of a label cemented, sewn, or otherwise attached durably, so as to withstand normal use, to any visible portion of the work, or to any base, mounting, framing, or other material on which the copies are durably attached, so as to withstand normal use, or in which they are permanently housed, is acceptable. (iii) Where, because of the size or physical characteristics of the material in which the work is reproduced in copies, it is impossible or extremely impracticable to affix a notice to the copies directly or by means of a durable label, a notice is acceptable if it appears on a tag that is of durable material, so as to withstand normal use, and that is attached to the copy with sufficient durability that it will remain with the copy while it is passing through its normal channels of commerce. (iv) Where a work is reproduced in copies consisting of sheet-like or strip material bearing multiple or continuous reproductions of the work, the notice may be applied: (A) To the reproduction itself; (B) To the margin, selvage, or reverse side of the material at frequent and regular intervals; or (C) If the material contains neither a selvage nor a reverse side, to tags or labels, attached to the copies and to any spools, reels, or containers housing them in such a way that a notice is visible while the copies are passing through their normal channels of commerce. (v) If the work is permanently housed in a container, such as a game or puzzle box, a notice reproduced on the permanent container is acceptable. Sec. 202.6 [Amended] 0 5. In Sec. 202.6(e)(1), remove ``SE., an unpublished collection or'' and add in its place ``SE., an unpublished collection, or''. Dated: August 14, 2017. Karyn Temple Claggett, Acting Register of Copyrights and Director of the U.S. Copyright Office. Approved by: Carla Hayden, Librarian of Congress. [FR Doc. 2017-19285 Filed 9-11-17; 8:45 am] BILLING CODE 1410-30-P
![Federal Register / Vol. 82, No. 175 / Tuesday, September 12, 2017 / Rules and Regulations 42735
procedures operate in conjunction with DEPARTMENT OF HOMELAND bridge operator from 12 p.m. on August
the PBGC Continuity of Operations Plan SECURITY 25, 2017 through 10 a.m. on September
(‘‘COOP Plan’’) of the current year, and 19, 2017. The drawspan will be secured
any government-wide COOP protocols Coast Guard in the closed-to-navigation position
in effect. from 10 a.m. through 5 p.m. on
33 CFR Part 117 September 19, 2017, to allow the bridge
(b) During an emergency, the business
[Docket No. USCG–2017–0844] owner to replace the defective
of the PBGC must continue to be
equipment. This temporary deviation
managed in accordance with its COOP has been coordinated with the waterway
Drawbridge Operation Regulation;
Plan. The functions of the Board of users. No objections to the proposed
Carquinez Strait, Martinez, CA
Directors must be carried out by those temporary deviation were raised.
Members of the Board of Directors in AGENCY: Coast Guard, DHS. Vessels able to pass through the bridge
office at the time the emergency arises, ACTION:Notice of deviation from in the closed position may do so at
or by persons designated by the drawbridge regulation. anytime. From 10 a.m. through 5 p.m.
agencies’ COOP plans to act in place of on September 19, 2017, the bridge will
the Board Members, who are available SUMMARY: The Coast Guard has issued a
not be able to open for emergencies and
to act during the emergency. If no such temporary deviation from the operating
there is no immediate alternate route for
persons are available, then the authority schedule that governs the Union Pacific
vessels to pass. The Coast Guard will
Railroad Drawbridge across the
of the Board must be transferred to the also inform the users of the waterway
Carquinez Strait, mile 7.0, at Martinez,
Board Representatives who are through our Local and Broadcast
CA. The deviation is necessary to allow
available. If no Board Representatives Notices to Mariners of the change in
advance notification for openings due to
are available, then the Director of the operating schedule for the bridge so that
mechanical issues at the bridge and to
Corporation must perform essential vessel operators can arrange their
conduct repairs to resolve said issues.
Board functions. transits to minimize any impact caused
This deviation requires the bridge to
by the temporary deviation.
(c) During an emergency, meetings of open on signal if at least 30 minutes
In accordance with 33 CFR 117.35(e),
the Board may be called by any notice is given to the bridge operator
the drawbridge must return to its regular
available Member of the Board. The from approaching vessels and allows the
operating schedule immediately at the
notice thereof must specify the time and bridge to remain in the closed-to-
end of the effective period of this
place of the meeting. To the extent navigation during operating equipment
temporary deviation. This deviation
possible, notice must be given in replacement.
from the operating regulations is
accordance with these bylaws. Notice DATES: This deviation is effective authorized under 33 CFR 117.35.
must be given to those Board Members without actual notice from September
Dated: September 6, 2017.
whom it is feasible to reach at the time 12, 2017 through 5 p.m. on September
Carl T. Hausner,
of the emergency, and notice may be 19, 2017. For the purposes of
given at a time less than 24 hours before enforcement, actual notice will be used District Bridge Chief, Eleventh Coast Guard
District.
the meeting if deemed necessary by the from September 6, 2017 until September
12, 2017. [FR Doc. 2017–19254 Filed 9–11–17; 8:45 am]
person giving notice.
BILLING CODE 9110–04–P
ADDRESSES: The docket for this
§ 4002.9 Seal. deviation, USCG–2017–0844 is available
The seal of the Corporation must be at http://www.regulations.gov. Type the
in such form as may be approved from docket number in the ‘‘SEARCH’’ box LIBRARY OF CONGRESS
time to time by the Board. and click ‘‘SEARCH.’’ Click on Open
Docket Folder on the line associated U.S. Copyright Office
§ 4002.10 Authority and amendments. with this deviation.
FOR FURTHER INFORMATION CONTACT: If 37 CFR Parts 201 and 202
(a) Section 4002 of ERISA and the
bylaws establish the authority and you have questions on this temporary [Docket No. 2017–13]
responsibilities of the Board, the Board deviation, call or email Carl T. Hausner,
Chief, Bridge Section, Eleventh Coast Affixation and Position of Copyright
Representatives, and the Director.
Guard District; telephone 510–437– Notice
(b) These bylaws may be amended or 3516; email Carl.T.Hausner@uscg.mil.
new bylaws adopted by unanimous vote SUPPLEMENTARY INFORMATION: The Coast
AGENCY: U.S. Copyright Office, Library
of the Board. Guard has recommended and the Union of Congress.
Issued in Washington, DC. Pacific Railroad Company has agreed to ACTION: Final rule.
W. Thomas Reeder, a temporary change in the operation of
the Union Pacific Railroad Drawbridge, SUMMARY: This final rule makes a non-
Director, Pension Benefit Guaranty substantive technical change to the U.S.
Corporation. over the Carquinez Strait, mile 7.0, at
Martinez, CA. The drawbridge Copyright Office’s regulations governing
[FR Doc. 2017–19308 Filed 9–11–17; 8:45 am]
navigation span provides a vertical the affixation and position of copyright
BILLING CODE P
clearance of 70 feet above Mean High notice on various types of works.
Water in the closed-to-navigation DATES: Effective October 12, 2017.
pmangrum on DSK3GDR082PROD with RULES1
position. The draw operates as required FOR FURTHER INFORMATION CONTACT: Erik
by 33 CFR 117.5. Navigation on the Bertin, Deputy Director of Registration
waterway is commercial and Policy and Practice, by email at ebertin@
recreational. loc.gov; or Andrew P. Moore, Barbara A.
Due to bridge operating equipment Ringer Honors Fellow, by email at
issues, the bridge will open on signal if amoo@loc.gov. Both can be reached by
at least 30 minutes notice is given to the telephone by calling 202–707–8040.
VerDate Sep<11>2014 15:01 Sep 11, 2017 Jkt 241001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\12SER1.SGM 12SER1](https://thefederalregister.org/doc/82_FR_42910/page/1.svg)
![42736 Federal Register / Vol. 82, No. 175 / Tuesday, September 12, 2017 / Rules and Regulations
SUPPLEMENTARY INFORMATION: As part of of affixation and positions of the PART 202—PREREGISTRATION AND
the U.S. Copyright Office’s ongoing copyright notice on various types of REGISTRATION OF CLAIMS TO
efforts to streamline its regulations, the works, 37 CFR 201.20. Because the COPYRIGHT
Office is consolidating its regulations information and requirements contained
related to copyright notice.1 Copyright in these two separate sections are more ■ 3. The authority citation for part 202
notice was required for works published appropriately contained in a single continues to read as follows:
prior to January 1, 1978, which were location, the contents of 37 CFR 201.20 Authority: 17 U.S.C. 408(f), 702.
governed by the Copyright Act of 1909. are being relocated to 37 CFR 202.2. The
Before the Copyright Act of 1976, if a ■ 4. In § 202.2, add paragraph (c) to read
current 37 CFR 201.20 is now rendered as follows:
work was not published with a proper duplicative and is being removed and
copyright notice, copyright protection § 202.2 Copyright notice.
reserved. In addition to relocating the
for the work was lost in the United * * * * *
contents of 37 CFR 201.20, minor
States.2 The 1976 Act also generally (c) Methods of affixation and
required copyright notice (unless a technical changes are being made to its
contents including removing positions of the copyright notice on
statutory exemption applied) until various types of works—(1) General. (i)
March 1, 1989, when the Berne superfluous definitions previously
contained in 37 CFR 201.20(b)(1) and This paragraph specifies examples of
Convention Implementation Act of 1988
(2) 7 and relocating the definition of methods of affixation and positions of
took effect, making copyright notice
‘‘machine-readable copy’’ § 202.2(c)(2), the copyright notice on various types of
optional.3 If a work was publicly
which is dedicated to definitions. works that will satisfy the notice
distributed prior to the Berne
requirement of section 401(c) of title 17
Convention Implementation Act, the In addition to the technical changes of the United States Code, as amended
omission of a copyright notice did not discussed above regarding copyright by Public Law 94–553. A notice
invalidate the copyright in a work if the notice, this rule is fixing two typos in considered ‘‘acceptable’’ under this
notice was omitted from a relatively the 37 CFR 202.6(e)(1), removing an regulation shall be considered to satisfy
small number of copies, registration was extraneous period and adding a missing
made within five years after publication the requirement of that section that it be
comma. ‘‘affixed to the copies in such manner
and a reasonable effort was made to add
notices to copies distributed to the Because this amendment is a non- and location as to give reasonable notice
public after the omission was substantive, technical change not of the claim of copyright.’’ As provided
discovered, or the omission was a result ‘‘alter[ing] the rights or interest of by that section, the examples specified
of a violation of an express agreement parties,’’ it is therefore not subject to the in this regulation shall not be
requiring affixation of notice in order to notice and comment requirements of the considered exhaustive of methods of
publicly distribute copies.4 Administrative Procedure Act,8 and the affixation and positions giving
While U.S. law no longer requires the Office is publishing this as a final rule reasonable notice of the claim of
use of a copyright notice, placing it on without first publishing a notice of copyright.
a work does have some legal benefits. proposed rulemaking. Other provisions (ii) The provisions of this paragraph
For example, the use of notice can in the regulations that relate to are applicable to copies publicly
inform the public that a work is copyright notice remain unaffected. distributed on or after December 1,
protected by copyright and provide 1981. This paragraph does not establish
information on authorship and the date List of Subjects in 37 CFR Parts 201 and any rules concerning the form of the
of first publication.5 Additionally, in an 202 notice or the legal sufficiency of
infringement action, a court will not particular notices, except with respect
Copyright. to methods of affixation and positions of
give weight to a defendant’s use of an
innocent infringement defense, which Final Regulations notice. The adequacy or legal
could otherwise result in a reduction of sufficiency of a copyright notice is
damages, if the relevant copies of the For the reasons set forth in the above, determined by the law in effect at the
work in question had a proper copyright the Copyright Office amends 37 CFR time of first publication of the work.
notice.6 parts 201 and 202 as follows: (2) Definitions. For the purposes of
Currently, two sections of the Office’s this paragraph:
regulations concern copyright notice: PART 201—GENERAL PROVISIONS (i) In the case of a work consisting
One contains provisions governing preponderantly of leaves on which the
copyright notice generally, 37 CFR ■ 1. The authority citation for part 201 work is printed or otherwise reproduced
202.2, and the other specifies methods continues to read as follows: on both sides, a ‘‘page’’ is one side of
a leaf; where the preponderance of the
Authority: 17 U.S.C. 702.
1 Copyright notice placement on phonorecords is leaves are printed on one side only, the
governed by statute rather than regulations and can terms ‘‘page’’ and ‘‘leaf’’ mean the same.
be found at 17 U.S.C. 402(b)–(c). These provisions
§ 201.20 [Removed and Reserved]
remain unaffected by this final rule.
(ii) A work is published in book form
2 Sec. 9, Public Law 60–349, 35 Stat. 1075, 1077 ■ 2. Remove and reserve § 201.20. if the copies embodying it consist of
(1909); see also Stewart v. Abend, 495 U.S. 207, 233 multiple leaves bound, fastened, or
(1990) (‘‘Under the 1909 Act, it was necessary to 7 See 37 CFR 201.20(b)(1) (defining ‘‘audiovisual assembled in a predetermined order, as,
publish the work with proper notice to obtain works, collective works, copies, device, fixed, for example, a volume, booklet,
copyright. Publication of a work without proper machine, motion picture, pictorial, graphic, and pamphlet, or multipage folder. For the
pmangrum on DSK3GDR082PROD with RULES1
notice automatically sent a work into the public sculptural works’’ to have the same meaning given
domain.’’). to them in 17 U.S.C. 101); id. at 201.20(b)(2) purpose of this paragraph, a work need
3 Sec. 7, Public Law 100–568, 102 Stat. 2853,
(defining ‘‘Title 17’’ as ‘‘title 17 of the United States not consist of textual matter in order to
2857 (1988). Code, as amended by Pub. L. 94–553’’). be considered published in ‘‘book
4 17 U.S.C. 405(a). 8 See Nat’l Mining Ass’n v. McCarthy, 758 F.3d
5 17 U.S.C. 405(b).
form.’’
243, 250 (D.C. Cir. 2014); 5 U.S.C. 553(b) (notice
6 17 U.S.C. 401(d). For additional background and comment not required for ‘‘interpretative rules,
(iii) A title page is a page, or two
information on copyright notice, see U.S. Copyright general statements of policy, or rules of agency consecutive pages facing each other,
Office, Circular 3: Copyright Notice (2013). organization, procedure, or practice’’). appearing at or near the front of the
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![42738 Federal Register / Vol. 82, No. 175 / Tuesday, September 12, 2017 / Rules and Regulations
(i) A notice embodied in the copies in any backing, mounting, matting, ENVIRONMENTAL PROTECTION
machine-readable form in such a framing, or other material to which the AGENCY
manner that on visually perceptible copies are durably attached, so as to
printouts it appears either with or near withstand normal use, or in which they 40 CFR Part 52
the title, or at the end of the work; are permanently housed, is acceptable. [EPA–R08–OAR–2017–0062; FRL–9967–62–
(ii) A notice that is displayed at the (ii) Where a work is reproduced in Region 8]
user’s terminal at sign on; three-dimensional copies, a notice
(iii) A notice that is continuously on affixed directly or by means of a label Approval and Promulgation of Air
terminal display; or cemented, sewn, or otherwise attached Quality Implementation Plans;
(iv) A legible notice reproduced Montana; Regional Haze Federal
durably, so as to withstand normal use,
durably, so as to withstand normal use, Implementation Plan
to any visible portion of the work, or to
on a gummed or other label securely
any base, mounting, framing, or other AGENCY: Environmental Protection
affixed to the copies or to a box, reel,
material on which the copies are Agency (EPA).
cartridge, cassette, or other container
durably attached, so as to withstand ACTION: Final rule.
used as a permanent receptacle for the
normal use, or in which they are
copies. SUMMARY: The Environmental Protection
(8) Motion pictures and other permanently housed, is acceptable.
(iii) Where, because of the size or Agency (EPA) is finalizing revisions
audiovisual works. (i) The following
physical characteristics of the material pursuant to section 110 of the Clean Air
constitute examples of acceptable
in which the work is reproduced in Act (CAA) to the Federal
methods of affixation and positions of Implementation Plan (FIP) addressing
the copyright notice on motion pictures copies, it is impossible or extremely
impracticable to affix a notice to the regional haze in the State of Montana.
and other audiovisual works: A notice The EPA promulgated a FIP on
that is embodied in the copies by a copies directly or by means of a durable
label, a notice is acceptable if it appears September 18, 2012, in response to the
photomechanical or electronic process, State’s decision in 2006 to not submit a
in such a position that it ordinarily on a tag that is of durable material, so
regional haze State Implementation Plan
would appear whenever the work is as to withstand normal use, and that is
(SIP). We proposed revisions to that FIP
performed in its entirety, and that is attached to the copy with sufficient
on April 14, 2017, and are now
located: durability that it will remain with the
finalizing those revisions. Specifically,
(A) With or near the title; copy while it is passing through its
the EPA is finalizing revisions to the
(B) With the cast, credits, and similar normal channels of commerce.
FIP’s requirement for best available
information; (iv) Where a work is reproduced in retrofit technology (BART) for the
(C) At or immediately following the copies consisting of sheet-like or strip Trident cement kiln owned and
beginning of the work; or material bearing multiple or continuous
(D) At or immediately preceding the operated by Oldcastle Materials Cement
reproductions of the work, the notice Holdings, Inc. (Oldcastle), located in
end of the work. may be applied:
(ii) In the case of an untitled motion Three Forks, Montana. In response to a
picture or other audiovisual work whose (A) To the reproduction itself; request from Oldcastle, and in light of
duration is sixty seconds or less, in (B) To the margin, selvage, or reverse new information that was not available
addition to any of the locations listed in at the time we originally promulgated
side of the material at frequent and
paragraph (c)(8)(i) of this section, a the FIP, we are revising the nitrogen
regular intervals; or
notice that is embodied in the copies by oxides (NOX) emission limit for the
(C) If the material contains neither a Trident cement kiln. We are also
a photomechanical or electronic selvage nor a reverse side, to tags or
process, in such a position that it correcting errors we made in our FIP
labels, attached to the copies and to any regarding the reasonable progress
ordinarily would appear to the spools, reels, or containers housing
projectionist or broadcaster when determination for the Blaine County #1
them in such a way that a notice is Compressor Station and the instructions
preparing the work for performance, is visible while the copies are passing
acceptable if it is located on the leader for compliance determinations for
through their normal channels of particulate matter (PM) BART emission
of the film or tape immediately commerce.
preceding the beginning of the work. limits at electrical generating units
(iii) In the case of a motion picture or (v) If the work is permanently housed (EGUs) and cement kilns. This action
other audiovisual work that is in a container, such as a game or puzzle does not address the U.S. Court of
distributed to the public for private use, box, a notice reproduced on the Appeals for the Ninth Circuit’s June 9,
the notice may be affixed, in addition to permanent container is acceptable. 2015 vacatur and remand of portions of
the locations specified in paragraph the FIP regarding the Colstrip and
§ 202.6 [Amended] Corette power plants; we plan to
(c)(8)(i) of this section, on the housing
or container, if it is a permanent ■ 5. In § 202.6(e)(1), remove ‘‘SE., an address the court’s remand in a separate
receptacle for the work. unpublished collection or’’ and add in action.
(9) Pictorial, graphic, and sculptural its place ‘‘SE., an unpublished DATES: This rule is effective October 12,
works. The following constitute collection, or’’. 2017.
examples of acceptable methods of ADDRESSES: The EPA has established a
Dated: August 14, 2017.
affixation and positions of the copyright docket for this action under Docket ID
Karyn Temple Claggett,
notice on various forms of pictorial, No. EPA–R08–OAR–2017–0062. All
pmangrum on DSK3GDR082PROD with RULES1
Acting Register of Copyrights and Director documents in the docket are listed on
graphic, and sculptural works: of the U.S. Copyright Office.
(i) Where a work is reproduced in the http://www.regulations.gov Web
two-dimensional copies, a notice affixed Approved by: site. Although listed in the index, some
directly or by means of a label Carla Hayden, information is not publicly available,
cemented, sewn, or otherwise attached Librarian of Congress. e.g., CBI or other information whose
durably, so as to withstand normal use, [FR Doc. 2017–19285 Filed 9–11–17; 8:45 am] disclosure is restricted by statute.
of the front or back of the copies, or to BILLING CODE 1410–30–P Certain other material, such as
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Document Created: 2018-10-24 14:15:51
Document Modified: 2018-10-24 14:15:51
| 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 October 12, 2017. | |
| Contact | Erik Bertin, Deputy Director of Registration Policy and Practice, by email at [email protected]; or Andrew P. Moore, Barbara A. Ringer Honors Fellow, by email at [email protected] Both can be reached by telephone by calling 202-707-8040. | |
| FR Citation | 82 FR 42735 | |
| CFR Citation | 37
CFR
201 37 CFR 202 |
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