82 FR 51369 - Group Registration of Newspapers
LIBRARY OF CONGRESS
U.S. Copyright Office Federal Register Volume 82, Issue 213 (November 6, 2017)
U.S. Copyright Office
Federal Register Volume 82, Issue 213 (November 6, 2017)
| Page Range | 51369-51380 | |
| FR Document | 2017-23917 |
[Federal Register Volume 82, Number 213 (Monday, November 6, 2017)] [Proposed Rules] [Pages 51369-51380] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-23917] ======================================================================= ----------------------------------------------------------------------- LIBRARY OF CONGRESS U.S. Copyright Office 37 CFR Parts 201 and 202 [Docket No. 2017-16] Group Registration of Newspapers AGENCY: U.S. Copyright Office, Library of Congress. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: The U.S. Copyright Office is proposing to amend its regulation governing the group registration option for newspapers. The proposed rule will make a number of changes to reflect [[Page 51370]] current Office practices, promote efficiency of the registration process, and encourage broader participation in the registration system by reducing the burden on applicants. Specifically, the proposed rule revises the definition of ``newspaper issues'' and clarifies that the group registration option is available to any qualifying ``newspaper issue.'' The proposed rule will require applicants to file an online application rather than a paper application, and upload a complete digital copy of each issue through the electronic registration system instead of submitting them in physical form. The Library of Congress intends to incorporate digital copies of newspapers received by the Office under this group registration option, and provide public access to them, subject to certain restrictions set forth in the proposed rule. Applicants may continue to submit their issues on microfilm (in addition to submitting digital files) on a voluntary basis if the microfilm is received by December 31, 2019. After that date, the microfilm option will be phased out. The proposed rule will clarify that each newspaper issue in the group must be a new collective work and a work made for hire, that the author and copyright claimant for each issue must be the same person or organization, and will clarify the scope of protection for newspaper issues, compared to individual components appearing within those issues. In addition, the proposed rule will require applicants to submit a full month of issues, and submit their claims within three months after the publication of the earliest issue in the group. The Office invites public comment on these proposed changes. DATES: Comments must be made in writing and must be received in the U.S. Copyright Office no later than December 6, 2017. ADDRESSES: For reasons of government efficiency, the Copyright Office is using the regulations.gov system for the submission and posting of public comments in this proceeding. All comments are therefore to be submitted electronically through regulations.gov. Specific instructions for submitting comments are available on the Copyright Office Web site at https://www.copyright.gov/rulemaking/group-newspapers. If electronic submission of comments is not feasible due to lack of access to a computer and/or the Internet, please contact the Office using the contact information below for special instructions. FOR FURTHER INFORMATION CONTACT: Robert J. Kasunic, Associate Register of Copyrights and Director of Registration Policy and Practice, or Erik Bertin, Deputy Director of Registration Policy and Practice, by telephone at 202-707-8040, or by email at [email protected] and [email protected]; or Anna Bonny Chauvet, Assistant General Counsel, by telephone at 202-707-8350, or by email at [email protected]. SUPPLEMENTARY INFORMATION: I. Background When Congress enacted the Copyright Act of 1976 (the ``Act''), it authorized the Register of Copyrights (the ``Register'') to specify by regulation the administrative classes of works for the purpose of seeking a registration, and the nature of the deposits required for each such class. In addition, Congress granted the Register the discretion to allow groups of related works to be registered with one application and one filing fee, a procedure known as ``group registration.'' See 17 U.S.C. 408(c)(1). Pursuant to this authority, the Register has issued regulations permitting the U.S. Copyright Office (the ``Office'') to issue a group registration for limited categories of works, provided that certain conditions have been met. See generally 37 CFR 202.3(b)(5)-(10), 202.4(g). As the legislative history explains, allowing ``a number of related works to be registered together as a group represent[ed] a needed and important liberalization of the law.'' H.R. Rep. No. 94-1476, at 154 (1976); S. Rep. No. 94-473, at 136 (1975). Congress recognized that requiring applicants to submit separate applications for certain types of works may be so burdensome and expensive that authors and copyright owners may forgo registration altogether, since copyright registration is not a prerequisite to copyright protection. Id. If copyright owners do not submit their works for registration, the public record will not contain any information concerning those works. This creates a void in the public record that diminishes the value of the Office's database, and deprives the public of copies of works that might otherwise be included in the collections of the Library of Congress (the ``Library''). When large numbers of works are grouped in one registration application, however, granular information about the individual works may not be adequately captured. Therefore, group registration options require careful balancing of the need for an accurate public record and the need for an efficient method of facilitating the registration of multiple works. II. The Existing Group Registration Option for Newspapers To register a group of newspapers under the current regulation, the applicant must complete and submit a paper application using Form G/ DN.\1\ 37 CFR 202.3(b)(7)(i)(B). The current regulation states that a newspaper is eligible for the group registration option if it is listed in ``Newspapers Received Currently in the Library of Congress,'' \2\ a policy document listing newspapers that have been selected to be received and retained by the Library. 37 CFR 202.3(b)(7)(ii). The current regulation also includes a number of registration requirements. First, the group must include ``a full month of issues of the same newspaper title published with issue dates in one calendar month,'' and the applicant must specify the first and last day that the issues were published during that month. Id. Sec. 202.3(b)(7)(i)(A), (C). Second, the applicant must submit a microfilm deposit, consisting of positive 35mm silver halide microfilm, containing the final edition of each issue published in the month specified in the application. Id. Sec. 202.3(b)(7)(i)(D). The microfilm may include ``earlier editions published the same day in a given metropolitan area served by the newspaper, but may not include national or regional editions distributed beyond a given metropolitan area.'' \3\ Id. Finally, to be registered as a group, the applicant must seek registration within three months after the date of publication for the most recent issue included in the group. Id. Sec. 202.3(b)(7)(i)(F). --------------------------------------------------------------------------- \1\ Although the regulation refers to this as a ``GDN application,'' the application itself is labeled ``Form G/DN.'' Applicants must also submit Form G/DN when using the group registration option for daily newsletters. 37 CFR 202.3(b)(9)(viii). \2\ This list is also available at https://www.loc.gov/rr/news/ncr_list.php. \3\ The Office's rationale for not including national or regional editions is that the Library considers them to be different newspapers because they have different International Standard Serial Numbers (``ISSN''). --------------------------------------------------------------------------- In addition to these regulatory requirements, the instructions for Form G/DN include three additional requirements: Each issue in the group must be an ``essentially all-new collective work'' that has not been previously published; each issue must be a work made for hire; and the author and the copyright claimant must be the same person or organization. Form Group/Daily Newspapers and Newsletters. Although not referenced in the Office's regulation, these instructions have appeared in Form G/DN since at least February 2000, and have appeared in Copyright Office [[Page 51371]] Circular 62A: Group Registration of Newspapers and Newsletters (hereinafter ``Circular 62A'') since at least December 1999.\4\ --------------------------------------------------------------------------- \4\ Similar language appears in the regulations governing the group options for serials and newsletters. See 37 CFR 202.3(b)(6)(C)-(F), (9)(ii)-(iv). --------------------------------------------------------------------------- During the early 1990s, the Office became aware that applicants wished to use the group registration option to register newspapers that had not been selected for the Library's collections. These applicants went to the trouble and expense of transferring newspapers onto archival-quality microfilm for registration purposes, even though the Library did not include that microfilm in its collections. To reduce the number of applicants incurring such unnecessary costs in transferring non-selected newspapers to archival-quality microfilm, and to complement its existing regulation, the Office adopted an interim practice allowing applicants to use the group registration option for newspapers that have not been selected by the Library without submitting the works on microfilm. Specifically, the interim practice allows an applicant to submit: (i) Complete print copies of the earliest and most recent issues from the month specified in the application; (ii) print copies of the first section from the earliest and most recent issues in that month; or (iii) print copies of the first page from the earliest and most recent issues in that month. Although the Office's interim practice is not reflected in the current regulation, it is mentioned in the instructions for Form G/DN, in Circular 62A, and in the Compendium of U.S. Copyright Office Practices, section 1110.5(B) (3d ed. 2017) (hereinafter ``Compendium''). III. The Proposed Rule The Office is proposing to amend the regulation governing the group registration option for newspapers (the ``Proposed Rule'') to reflect current Office practices, promote efficiency, and where possible, reduce the burden on applicants. As explained in greater detail below, the Proposed Rule will modify the eligibility requirements for this group option in several respects. First, it will make any newspaper, as defined in the regulation, eligible for a group registration, regardless of whether the Library has selected that newspaper for its collections. Second, it will improve the efficiency of this procedure by requiring applicants to register their newspapers through the Office's electronic registration system, rather than filing paper applications. Third, it will amend the deposit requirements by requiring applicants to upload their newspapers in digital form through the electronic registration system. Although applicants will no longer be required to submit microfilm containing a complete copy of each issue, they may do so voluntarily if the microfilm is received by December 31, 2019 (in addition to uploading digital copies). After that, the microfilm option will be phased out. Fourth, the Proposed Rule confirms that deposits submitted for the purpose of group registration will satisfy the mandatory deposit requirement under section 407 of the statute, and will not be subject to the best edition requirement. It also confirms that the Library may provide limited access to any digital newspaper deposits it receives from the Office under the group registration option, subject to certain restrictions. Finally, the Proposed Rule will memorialize the Office's longstanding position regarding the scope of a registration for a group of newspaper issues (i.e., a registration for a group of newspaper issues covers each issue in the group, as well as the articles, photographs, illustrations, or other contributions appearing within each issue--if they are fully owned by the copyright claimant and if they were first published in those issues). In addition, it will implement some technical amendments to address certain inconsistencies in the current regulation. A. Eligibility Requirements This section discusses the proposed amendments to the eligibility requirements for the group option for newspapers. Applicants failing to satisfy these requirements will not be permitted to use this option. 1. The Definition of ``Daily Newspapers'' The Proposed Rule will update the regulatory definition for the term ``newspaper'' in several respects.\5\ Currently, the regulation states that the Office may issue a group registration ``for a group of daily newspapers.'' 37 CFR 202.3(b)(7)(i). The term ``daily'' is misleading, because it implies that the newspaper must be published seven days a week. In practice, the Office has never applied this standard in registering groups of newspaper issues. Accordingly, the Proposed Rule will remove the term ``daily'' and replace it with ``newspaper issues.'' --------------------------------------------------------------------------- \5\ The Proposed Rule also maintains certain portions of the current definition. It reiterates that newspapers are mainly designed to be a primary source of written information on current events, either local, national, or international in scope; they contain a broad range of news on all subjects and activities; they are not limited to any specific subject matter; and they are intended either for the general public or for a particular ethnic, cultural, or national group. See 37 CFR 202.3(b)(7)(ii). --------------------------------------------------------------------------- As discussed above, the current regulation states that a newspaper is eligible for group registration if it is listed in ``Newspapers Received Currently in the Library of Congress,'' a policy document listing newspapers that have been selected to be received and retained by the Library. 37 CFR 202.3(b)(7)(ii). The Proposed Rule will make any newspaper eligible for a group registration, regardless of whether the Library has selected that title for its collections. In addition, the Proposed Rule clarifies that for purposes of registration, a newspaper will be classified as a ``periodical.'' Under the current regulation, ``newspapers'' and ``periodicals'' are both subsets of ``serials,'' a broader category of works ``issued or intended to be issued in successive parts bearing numerical or chronological designations and intended to be continued indefinitely.'' \6\ See 37 CFR 202.3(b)(1)(v). Serials do not have to be collective works for registration purposes. See id. For example, a newsletter containing a single article may qualify as a serial, but not a collective work. See H.R. Rep. No. 94-1476, at 122 (1976) (stating that a work does not qualify as a collective work ``where relatively few separate elements have been brought together,'' as in the case of ``a composition consisting of words and music, a work published with illustrations or front matter, or three one-act plays''). By contrast, a ``periodical'' is defined as ``a collective work that is issued or intended to be issued on an established schedule in successive issues that are intended to be continued indefinitely,'' and ``[i]n most cases, each issue will bear the same title, as well as numerical or chronological designations.'' \7\ 37 CFR [[Page 51372]] 202.4(g)(4) (emphasis added). Accordingly, by classifying newspapers as ``periodicals'' rather than ``serials'' generally, the Proposed Rule clarifies that newspapers must be collective works for registration purposes.\8\ The Proposed Rule also amends the definition for ``Class SE: Serials'' to reflect this clarification. --------------------------------------------------------------------------- \6\ In 1991, the Office began offering a group registration option for serials. 55 FR 50556. The Office subsequently offered a separate group registration option for newspapers, which are published in successive parts bearing numerical or chronological designations (i.e., publications meeting the definition of a ``serial''), but are ineligible for the serial group registration option because they do not meet the registration requirements, such as frequency of publication. 57 FR 39615. The Office will be issuing a proposed rule relating to group registration for serials to similarly streamline the registration process for that group registration option. \7\ In this respect, the Proposed Rule differs from the regulation governing the group registration option for newsletters, which are classified as ``serials'' generally rather than ``periodicals'' specifically, because newsletters can be composed of a single work, whereas newspapers are by their nature collective works. See 37 CFR 202.3(b)(9)(i). Put another way, while a newspaper must be a collective work to qualify for the group registration option, a publisher may register a group of newsletter issues regardless of whether the newsletter is or is not a collective work. See 82 FR at 29412 n.12. \8\ Section 408(c)(1) of the Act states that ``[t]he Register of Copyrights is authorized to specify by regulation the administrative classes into which works are to be placed for purposes of deposit and registration.'' --------------------------------------------------------------------------- Defining a newspaper as a ``periodical'' is consistent with section 408(c)(3) of the Act, which indicates that ``newspapers'' are a subset of ``periodicals.'' 17 U.S.C. 408(c)(3) (directing the Register to create a group registration option for works ``first published as contributions to periodicals, including newspapers''). Similarly, it is consistent with section 101 of the Act, which cites a ``periodical issue'' as an example of a collective work. 17 U.S.C. 101 (definition of ``collective work''). Finally, the Office will use the term ``GR/NP,'' which stands for ``group newspapers,'' instead of the term ``G/DN'' when referring to the group registration option for newspapers. As discussed below in Section III.B.1, the Office is proposing to eliminate Form G/DN and require applicants to submit their claims through the electronic registration system. Thus, the term G/DN will soon be obsolete. The term G/DN is also confusing, because the Office uses the same term when referring to the group option for daily newsletters. See supra note 1. 2. Publication Requirements The current regulation states that applicants may register newspaper issues ``published with issue dates in one calendar month.'' 37 CFR 202.3(b)(7)(i)(A). The Proposed Rule will clarify that all of the issues in the group must be published (i.e., distributed to the public) within the same calendar month and must bear issue dates within that month. Claims with dates outside of one calendar month will be refused. The change in language is simply intended to clarify these requirements and does not represent a substantive change. 3. Authorship, Ownership, and Work Made for Hire Requirements Under the Proposed Rule, each issue in the group must have been created as a work made for hire, with the same person or organization named as the author and copyright claimant. These requirements have appeared in Circular 62A and in the instructions for Form G/DN for more than a decade. Accordingly, this change is intended to reconcile the regulation with these longstanding Office practices. 4. The Collective Work Requirement The Proposed Rule states that each newspaper issue in the group must be an all-new collective work that has not been previously published. This requirement has appeared in Circular 62A for some time. Similarly, the instructions for Form G/DN state that each issue in the group must be an ``essentially all-new collective work'' that has not been previously published. The Proposed Rule will clarify that each issue must be an all-new collective work for registration purposes. A newspaper will be considered a collective work if it contains ``a number of contributions'' that constitute ``separate and independent works in themselves,'' and if the contributions are ``assembled into a collective whole'' ``in such a way that the resulting work as a whole constitutes an original work of authorship.'' 17 U.S.C. 101 (definitions of ``collective work'' and ``compilation''). For example, a newspaper that contains multiple articles, photographs, illustrations, and advertisements could be considered a collective work if those contributions are selected, coordinated, and arranged in a sufficiently creative manner. By contrast, a work that contains a single article and a single photograph would not be considered a collective work, because it does not contain a sufficient number of contributions. See H.R. Rep. No. 94-1476, at 122 (1976). A newspaper issue may qualify as an ``all-new'' collective work if it contains a sufficient amount of compilation authorship. In other words, there must be a sufficient amount of new expression in the selection, coordination, and arrangement of the articles, photographs, or other content appearing in each issue. The fact that the content itself is entirely new is irrelevant to this determination. For example, an issue could be considered ``all-new'' if it contains a brand new selection, coordination, and arrangement of content, even if that individual content has been previously published in the newspaper--such as advertisements appearing in previous issues. 5. Scope of Protection for Newspaper Issues Versus Individual Contributions Versus Overall Group The Proposed Rule clarifies that a registration for a group of newspapers covers each issue in the group, and each issue will be registered as a separate collective work. As a general rule, a registration for a collective work covers the individual contributions contained within that work if they are fully owned by the copyright claimant and if they were first published in that work.\9\ Accordingly, a registration for a group of newspaper issues covers each issue in the group, as well as the articles, photographs, illustrations, or other contributions appearing within each issue--if they are fully owned by the copyright claimant at the time the application was filed and if they were first published in those issues. By contrast, if an issue contains contributions that are not fully owned by the copyright claimant, and/or contributions that were previously published, the registration will not extend to those works. See Morris v. Business Concepts, Inc., 259 F.3d 65, 71 (2d Cir. 2001) (``Unless the copyright owner of a collective work also owns all the rights in a constituent part, a collective work registration will not extend to the constituent part.''), abrogated on other grounds by Reed Elsevier, Inc. v. Muchnick, 559 U.S. 154, 160 (2010). --------------------------------------------------------------------------- \9\ See, e.g., Alaska Stock, LLC v. Houghton Mifflin Harcourt Pub. Co., 747 F.3d 673, 683 (9th Cir. 2014); Morris v. Bus. Concepts, Inc., 259 F.3d 65, 68 (2d Cir. 2001); Compendium sections 509.1, 509.2; see also 17 U.S.C. 201(c) (``Copyright in each separate contribution to a collective work is distinct from copyright in the collective work as a whole, and vests initially in the author of the contribution. In the absence of an express transfer of the copyright or of any rights under it, the owner of copyright in the collective work is presumed to have acquired only the privilege of reproducing and distributing the contribution as part of that collective work . . . .''). --------------------------------------------------------------------------- With respect to the information collected as part of a group registration and examination practices, the Office must balance the public interest in creating a meaningful record (i.e., collecting information regarding each individual contribution within a newspaper issue) with the relative burden on applicants wishing to participate in the registration system. When an applicant submits an entire month of newspaper issues for registration, it is difficult to collect granular information concerning the individual articles, photographs, and other component works within each [[Page 51373]] issue. Requiring applicants to identify the author and title of each individual contribution would impose a significant burden both on applicants and the Office alike. This would discourage registration, which in turn, would diminish the value of the Office's public record. It would also be contrary to the Congressional purpose of providing the Office with the authority to create group registration options to foster registrations that otherwise would be unduly burdensome. Accordingly, the Office's application to register a group of newspaper issues does not contain spaces where the applicant can expressly assert a claim in the individual contributions appearing within each issue, provide titles, authors, or other identifying information for each contribution, or identify component works created by a third party and transferred to the claimant by written agreement. When the examiner reviews each newspaper issue, he or she will examine the issue as a whole to determine if it contains sufficient compilation authorship to warrant registration. And the examiner will review the newspaper issue to determine whether it contains ``a number of contributions'' constituting ``separate and independent works in themselves.'' 17 U.S.C. 101. When the Office issues a group registration, the certificate will identify the title, author, and claimant for each newspaper issue in the group, but it will not identify the titles, authors, or claimants for the individual contributions appearing within those issues.\10\ --------------------------------------------------------------------------- \10\ There are two other options for registration of individual contributions to newspapers. Applicants may expressly assert a claim in the component works appearing within a particular issue by using the option for ``literary work.'' When using this option, the applicant must complete a separate application and pay a separate filing fee for each issue, and may list the author(s) and title(s) of the individual contributions appearing within that issue. Alternatively, the applicant may be able to register the individual contributions by using the group option for contributions to periodicals (including newspapers), provided that the applicant satisfies the eligibility requirements (i.e., the contribution must not be a work made for hire) and deposit requirements for that option. See 37 CFR 202.4(g). --------------------------------------------------------------------------- The scope of protection for a group registration issued under the Proposed Rule will have several consequences in infringement actions. First, a group registration may be used to satisfy the statutory requirements for instituting an infringement action involving any of the newspaper issues that were included within the group, or any of the individual contributions appearing within those issues--provided that the claimant fully owned those contributions at the time the application for registration is submitted, and provided that the contributions were first published in one of those issues.\11\ 17 U.S.C. 411(a) (for works of U.S. origin, registration (or refusal) is necessary to enforce the exclusive rights of copyright through litigation). --------------------------------------------------------------------------- \11\ Alternatively, a plaintiff may satisfy this statutory requirement if the Office refused registration, provided that the plaintiff serves a copy of the complaint on the Register of Copyrights. 17 U.S.C. 411(a). --------------------------------------------------------------------------- Second, a group registration may also be used to satisfy the plaintiff's burden of proof by providing a presumption of validity for each registered issue. Specifically, a certificate of registration ``constitute[s] prima facie evidence of the validity of the copyright and of the facts stated in the certificate.'' 17 U.S.C. 410(c). A group registration issued under the Proposed Rule would thus create a presumption that the claimant owns the copyright in each newspaper issue listed in the certificate, and a presumption that the copyright law protects each issue as a whole. Although the Proposed Rule does not require granular information concerning the individual component works within each newspaper issue, the Office foresees the future possibility of applicants submitting metadata for the component works appearing within each issue, and the possibility of the Office incorporating this information into the registration record. If this becomes feasible once the Office implements its next-generation registration system, it may require this type of information as a condition for using this group registration option. Finally, the Proposed Rule also clarifies that the group as a whole is not considered a compilation, a collective work, or a derivative work. Instead, the group is merely an administrative classification created solely for the purpose of registering multiple collective works with one application and one filing fee. The chronological selection, coordination, and arrangement of the issues within the group is entirely dictated by the regulatory requirements for this option. Likewise, when a group of newspaper issues are combined for the purpose of facilitating registration, those works are not ``recast, transformed, or adapted'' in any way, and the group as a whole is not ``a work based upon one or more preexisting works'' because there is no copyrightable authorship in simply collecting a month of issues and arranging them in chronological order. 17 U.S.C. 101 (definition of ``derivative work''). 6. Discrete, Self-Contained Works Protected The Proposed Rule clarifies that each newspaper issue in the group must be fixed and distributed as a discrete, self-contained collective work.\12\ An applicant may satisfy this requirement if the newspaper as a whole is fixed in a tangible medium of expression, and the content of each issue does not change once it has been distributed. For example, a publisher that hand-delivers each issue to its subscribers, or distributes them through newsstands, vending machines, or other retail outlets, would satisfy this requirement because the newspaper is clearly fixed and distributed in a physical format. A publisher that emails an electronically printed (``ePrint'') newspaper to its subscribers may satisfy this requirement if each issue contains a fixed selection of content, such as a PDF version of a physical publication. Similarly, a publisher that allows its subscribers to download an ePrint newspaper from its Web site may satisfy this requirement if each issue is distributed as a collective work and the content of each issue does not change once it has been downloaded. --------------------------------------------------------------------------- \12\ Similar language has appeared in the Compendium since December 2014. See Compendium section 1113. --------------------------------------------------------------------------- By contrast, a newspaper Web site would not satisfy this requirement. Newspaper Web sites typically add, archive, and/or replace content on a continuing basis. As such, they are not fixed and distributed as discrete, self-contained works. Moreover, these updates are rarely distributed on an established schedule, and rarely contain numerical or chronological designations distinguishing one update from the next. For this reason, Web sites are not considered ``newspapers'' for purposes of registration. As discussed above, ``newspapers'' and ``periodicals'' have historically been considered subsets of ``serials,'' a broader category of works ``issued or intended to be issued in successive parts bearing numerical or chronological designations and intended to be continued indefinitely,'' and under the Proposed Rule, newspapers will be categorized as a ``periodical.'' See 37 CFR 202.3(b)(1)(v) (defining a ``serial''); see also 75 FR 3863, 3865 (Jan. 25, 2010) (noting that works ``that are constantly updated with no demarcation between particular, discrete issues of the publication'' are not considered serials). Although the Proposed Rule does not extend to newspaper Web sites, the Office is aware of the need for establishing new and updated practices [[Page 51374]] for examining and registering online works. See, e.g., Comments of Newspaper Association of America (urging the Office to create a group registration option for newspaper Web sites), available at http://www.copyright.gov/rulemaking/online-only/comments/naa.pdf; Comments of the National Writers Union, Western Writers of America, and American Society of Journalists and Authors (urging the Office to create a group registration option for multiple works published online on different dates), available at https://www.regulations.gov/contentStreamer?documentId=COLC-2016-0005-0009&attachmentNumber=1&disposition=attachment&contentType=pdf; see also 81 FR 86634, 86636-37 (Dec. 1, 2016); 81 FR 86643, 86646 (Dec. 1, 2016). The Office is considering these issues and will take them into account when developing its priorities for future upgrades to the electronic registration system. In the meantime, this Proposed Rule makes made some interim improvements to the current registration system to benefit newspaper publishers, the Library, and the public at large. B. Application Requirements 1. Online Registration The Office has allowed and encouraged applicants to register their works through the electronic registration system since 2007. See 72 FR 36883 (July 6, 2007). When the online registration system was introduced, applicants could submit their works on an individual basis. See id. But applicants could not submit a group registration covering multiple newspaper issues because the system was not designed to receive the information required for such a registration. Instead, applicants were required to file their claims on a paper application using Form G/DN. On December 14, 2012, the Office made some modifications to its electronic registration system to allow newspaper publishers to submit their claims with the online application. Under the Proposed Rule, applicants will be required to use the electronic application designated for a group of newspaper issues as a condition for seeking a group registration. The Office will no longer accept groups of newspaper issues submitted for registration on paper using Form G/DN. If, after the effective date of this rule, such paper applications are received, the Office will refuse registration and instruct the applicant to resubmit the claim through the electronic system. The Office invites comment on this proposal, including whether the Office should eliminate the paper application for newspaper issues, phase it out after a specified period of time, or continue to offer Form G/DN for applicants who prefer to use the paper-based system. 2. Supplementary Registration 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,'' including a registration for a group of related works. 17 U.S.C. 408(d). 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. The Office recently issued a final rule that modified the regulation governing this procedure. 82 FR 27424 (June 15, 2017). This rule requires applicants to file an online application in order to correct or amplify the information set forth in a basic registration for any work capable of being registered through the electronic system, rather than filing a paper application. This online filing requirement will apply to supplementary registrations for groups of newspaper issues--even if the issues were originally registered using Form G/DN. See 81 FR at 86657 & n.3. If an applicant attempts to use a paper application to correct or amplify a registration for a group of newspaper issues, the Office will refuse registration and instruct the applicant to resubmit the claim using the online version of this form. 3. Policy Considerations Supporting Online-Only Registration The Office's decision to offer a group option is entirely discretionary, and Congress gave the Office broad authority to establish the requirements for these types of claims. 17 U.S.C. 408(c)(1). Currently, the vast majority of the claims submitted on Form G/DN require correspondence or other action from the Office. Applicants routinely file claims that are not eligible for this group option, such as submitting a full year of issues instead of limiting the claim to one month, or submitting claims long after the deadline has expired (i.e., more than three months after the date of publication for the most recent issue in the group). In addition, applicants routinely fail to provide information expressly requested on the form, such as the title of the newspaper, issue numbers, publication dates, or the name of the author and claimant. Often applicants add extraneous information that is not requested, such as providing a transfer statement explaining how the claimant acquired the copyright in the issues. In each case, the Office must scan these paper applications into the registration system and input the relevant information by hand. This is a cumbersome, labor-intensive process, and if it is done incorrectly, the information must be re-entered into the system. In many cases, the Office must contact the applicant to request additional information or permission to correct the application. Addressing these issues imposes significant burdens on the Office's limited resources, and has had an adverse effect on the examination of other types of works within the Literary Division of the Registration Program. Eliminating the paper application should mitigate many of these problems. Among other improvements, the online application contains automated validations that prevent applicants from submitting applications that fail to comply with the eligibility requirements for this group option, such as including too many issues in the group (i.e., more than one month of issues), or failing to submit the claim within the time allowed (i.e., more than three months after the publication of the issues in the group). For these reasons, the Office believes that requiring applicants to submit online applications is necessary to avoid a significant fee increase and to improve the overall efficiency of the group registration process. Nonetheless, the Office invites comment on this aspect of the Proposed Rule. C. Deposit Requirements The Proposed Rule will amend the deposit requirements for this group option by requiring applicants to submit their newspapers in digital form and upload each issue through the electronic system. Applicants will no longer be required to submit microfilm as a condition for using the group registration option--but they may do so voluntarily if the microfilm is received before December 31, 2019 (in addition to providing digital copies). After that, the microfilm requirement will be phased out. These proposals are discussed below. 1. Digital Deposit Requirement To register a group of newspapers under the Proposed Rule, applicants will be required to submit a complete copy of each issue in the group, regardless of whether the Library has selected that newspaper for its collections. This will ensure that the [[Page 51375]] Office receives the entire content of each issue for the purpose of examining, indexing, and documenting claims. The interim practice allowing applicants to submit the earliest and most recent issues for a particular month or excerpts from those issues (discussed above in Section II) will be eliminated. While this interim practice was well- intentioned, it allows newspaper publishers to register an entire month of issues without submitting a complete copy of each issue in the group. This reduces the evidentiary value of the registration and the public record, because only a fraction of the issues in the group are examined for copyrightable authorship. The Proposed Rule reiterates that applicants must submit the final edition of each issue that was published in the month specified in the application. The current regulation states that applicants may submit earlier editions of the same newspaper if they were published on the same date as the final edition. 37 CFR 202.3(b)(7)(i)(D). The Office is aware that most newspapers no longer publish multiple print editions throughout the day, such as the ``morning,'' ``afternoon,'' ``evening,'' or ``late'' edition of a particular newspaper.\13\ Therefore, the Office requests comment on whether this provision should be retained in the Proposed Rule. Under the current regulation, applicants may also include ``local editions'' of the newspaper that were published within the same metropolitan area (such as the Brooklyn, Bronx, Manhattan, Queens, and Staten Island editions of a New York City paper), but they may not include national or regional editions that were distributed outside that metropolitan area. See id.; see also H.R. Rep. No. 94-1476, at 153 (1976) (authorizing the Register ``to make exceptions or special provisions'' for ``multipart newspaper editions''). Although the Proposed Rule retains this longstanding restriction, the Office requests comment on whether it should be retained. --------------------------------------------------------------------------- \13\ Newspaper Web sites typically update their content throughout each day, but as discussed in Section III.A.6, they are not eligible for the group option. --------------------------------------------------------------------------- In all cases, applicants will be required to submit a digital copy of each issue, rather than a physical copy. Under the Proposed Rule, the Office will no longer accept physical copies, such as a print copy or photocopy of each issue in the group (although, as discussed below, newspaper publishers may provide microfilm in addition to digital copies on a voluntary basis until December 31, 2019). Likewise, the Office will not accept digital copies that have been saved onto a flash drive, disc, or other physical storage medium that is delivered to the Office by mail, courier, or hand delivery. In addition, the Office will have a number of technical requirements for the digital files. Specifically, applicants will be required to submit electronic files in Portable Document Format (``PDF''). Each newspaper issue in the group must be submitted to the Office as one discrete, self-contained collective work (i.e., as one PDF file per issue with the pages in reading order). In each case, the file name must adhere to the file-naming conventions specified on the Office's Web site and/or in the Compendium. The Office proposes that each file name start with the letters ``GRNP,'' followed by the International Standard Serial Number (``ISSN'') for that newspaper, and the publication date in a ``YYYYMMDD'' format. If a newspaper publishes multiple editions on the same date (e.g., morning, evening, and late editions), the publisher will be permitted to combine all of the editions in a single electronic file, assuming the file does not exceed file size requirements (discussed below), the editions are separate, and all pages are in sequential reading order. In addition, the metadata for each file should contain the newspaper's ISSN in the ``dc:identifier'' or ``xmp: identifier'' fields, the publication date in the ``dc:date'' field, and each file should be viewable and searchable, contain embedded fonts, and be free from any access restrictions (such as those implemented through Digital Rights Management (DRM)). Applicants will be required to assemble the files in an orderly form, and upload them through the electronic registration system. When uploading the files, applicants will not be permitted to upload .zip files to the system, and should instead upload files individually. In all cases, the size of each uploaded file may not exceed 500 megabytes, although applicants may digitally compress the files to comply with this limitation. If the applicant's electronic files do not comply with the Office's technical requirements, the Copyright Acquisitions Division (``CAD'') will contact the publisher and ask for replacement files. If the publisher does not provide replacement files, CAD will notify the Literary Division of the Registration Program, which will review that publisher's future electronic submissions for similar deficiencies, and may refuse registration if there are similar defects. If an applicant is unable to comply with the application requirements at the time of filing the application, the applicant may request special relief from the deposit requirements under 37 CFR 202.20(d). See 82 FR at 29412. The Office seeks public comment on the proposed digital file requirements. Requiring applicants to upload digital copies to the electronic system will increase the efficiency of the group registration process. The Office does not need physical copies to examine a newspaper for copyrightable authorship, or to determine whether the applicant satisfied the formal and legal requirements for this group option. See 17 U.S.C. 410(a) (providing that the Register of Copyrights must determine whether ``material deposited [for registration] constitutes copyrightable subject matter''). Indeed, physical copies slow down the examination process. Electronic submissions take less time to process, and are easier to track and handle than physical copies. A registration specialist can examine a digital copy as soon as it has been uploaded to the electronic registration system. By contrast, when an applicant submits an online application and mails a physical deposit to the Office, it may take weeks to connect the application with the correct deposit. In addition, each copy must be moved multiple times during the examination process. Requiring digital uploads may also provide newspaper publishers with certain legal benefits. When the Office registers a group of newspapers and issues a certificate of registration, the effective date of registration is the date on which the Office received the application, filing fee, and deposit in proper form. When an applicant uploads a digital copy of the deposit to the electronic system, the Office typically receives the application, filing fee, and deposit on the same date. By contrast, when an applicant sends physical copies to the Office the deposit may arrive long after the date that the application and filing fee were received--thereby establishing a later effective date of registration. Moreover, if an applicant uploads a complete copy of the newspaper through the electronic registration system, the Office will retain a digital copy of those issues in its repository of electronic deposits. Digital copies are much easier to store and retrieve. This is critical if the copyright owner or other interested parties need to obtain a copy of a particular issue for use in litigation or another legitimate purpose. The current regulation assumes that a complete copy of each issue will be sent to the Library on microfilm, which may be used to identify the work, if necessary. But as discussed above, many [[Page 51376]] applicants do not currently submit their newspapers on microfilm because the Library has not selected them for its collections. Instead, they often submit a small portion of each issue, which is permitted under the interim rule discussed in Section II. The Office recognizes that some publishers may not have a digital copy of their issues or may find it difficult to create a digital copy for the purpose of seeking a group registration. The Office will address these concerns on a case-by-case basis. If an applicant is unable to upload a particular newspaper to the electronic system, the applicant may request special relief from the deposit requirements under 37 CFR 202.20(d). See 82 FR at 29412. 2. Microfilm Permitted, but Not Required, for an Interim Period The current regulation states that the applicant must provide the Library with microfilm containing a complete copy of each issue as a condition for using the group registration option. As discussed in more detail below, microfilm will no longer be required when the Final Rule goes into effect--even if the Library has selected that newspaper for its collections. In addition to digital files, newspaper publishers may provide microfilm on a voluntary basis if the microfilm is received by December 31, 2019. After that, the microfilm option will be phased out. The next few sections discuss the reasons for phasing out the microfilm requirement, as well as the procedure for submitting microfilm to the Office on a voluntary basis. a. Policy Considerations Supporting the Phasing Out of the Microfilm Requirement Section 408(c) of the Copyright Act authorizes the Register to create discretionary registration options for groups of related works, including the applicable deposit requirements. In administering the group registration option for newspapers, the Register must balance the Library's need for microfilm deposits against the potential impact on the newspaper publishing industry. On the one hand, the microfilm requirement has benefitted the Library and the public by providing newspapers in a format suitable for long-term preservation, and at no cost to the government. It benefits researchers accessing these copies at the Library or through interlibrary loan. The regulation also creates a potential supply of microfilm that otherwise might not exist, which may benefit local and regional libraries, assuming they are able to purchase microfilm from publishers for use in their own collections. On the other hand, the current microfilm requirement does impose a burden on publishers if their newspapers have been selected for the Library's collections. This requirement appears to have been less burdensome when the newspaper group option was adopted in 1990. At that time, newspaper publishers apparently hired microfilm producers to transfer paper newspaper issues onto microfilm for their own archival preservation instead of keeping physical copies. Thus, newspaper publishers were creating microfilm copies in the ordinary course of business. Some publishers offered copies of their microfilm to libraries and other institutions, including the Library of Congress, to offset this cost. Needless to say, the newspaper publishing industry has since changed dramatically, and the microfilm requirement may have become more burdensome over the past twenty-five years. Representatives of the newspaper industry have informed the Office that most publishers no longer preserve their works on microfilm, and instead make digital copies for archival purposes. See Hearing on U.S. Copyright Office: Its Functions and Resources, Before the H. Comm. on the Judiciary, 114th Cong., 1st Sess., at 105 (2015) (statement of Keith Kupferschmid). In addition, representatives of the newspaper industry have stated that only a few companies provide microfilming services in the United States, and there can be significant delays in producing microfilm, which often prevents publishers from seeking registration in a timely manner. To the extent publishers transfer their newspapers onto microfilm, they apparently do so solely for the purpose of registering their works with the Office (i.e., to comply with the current regulatory requirements for the group newspaper option). In addition, representatives of the newspaper industry have informed the Office that ``many newspapers are no longer registering their works with the Copyright Office because the Library requires that newspaper deposits be in microfilm format.'' Id. at 5. The Office has found evidence to support this statement. In reviewing its registration records for fiscal years 2010 through the first half of fiscal year 2015, the Office found that nearly 70% of the U.S. newspapers selected for the Library's collections were not registered during this period. Accordingly, although group registrations are intended to reduce ``unnecessary burdens and expenses'' that may discourage authors and copyright owners from registering their works with the Office, requiring newspaper publishers to submit their issues on microfilm may well have the opposite effect. See H.R. Rep. No. 94-1476, at 154 (1976); S. Rep. No. 94-473, at 136 (1975). Because newspapers have turned increasingly to online publishing, the Library has been considering how to incorporate online publishing into its collections. As part of that effort, in February 2016, the Library initiated a pilot project with the News Media Alliance known as the ``Newspaper ePrint Technical Pilot.'' The pilot involved collecting electronic files from six newspapers over two phases, with the goal of ``explor[ing] the technical feasibility of accepting electronic copies of newspapers in lieu of physical deposits.'' Library of Congress and News Media Alliance (NMA) Technical Pilot project, Report on ePrints 2 (March 4, 2017). The goals of the pilot were to (i) explore various types of PDFs and metadata generated by newspaper publishers, (ii) test a range of technical methods that newspaper publishers might use to deliver this type of content to the Library, and (iii) inform future decisions about recommended formats for group registration of newspapers. Id. at 3. On March 4, 2017, the Library issued its report, ultimately concluding that ``[t]he results give the team confidence that ePrints could be a viable technical alternative to microfilm deposits for newspapers.'' Id. at 11. b. Transitional Period for Submitting Microfilm Based on the results of this pilot and the changes in the newspaper publishing industry, the Office is proposing to eliminate the microfilm requirement. Representatives of the newspaper industry have informed the Office that they generally support this proposal. But some publishers noted that they have entered into long-term contracts with microfilm producers that are still in effect. Others stated that they need time to develop internal procedures and quality assurance testing to ensure that their submissions contain a complete copy of each issue. To give publishers an opportunity to exhaust their microfilm production contracts, and to ease the transition to the new model, the Proposed Rule will allow newspaper publishers to submit microfilm on a voluntary basis (in addition to the required digital deposits for registration). Specifically, publishers may continue to submit microfilm if the microfilm is received by December 31, [[Page 51377]] 2019.\14\ After that, the Office will no longer accept microfilm. --------------------------------------------------------------------------- \14\ If the Library receives microfilm for a newspaper that it has not selected for its collections, the microfilm may be offered to another institution through the Library's Surplus Books program. See generally https://www.loc.gov/acq/surplus.html. --------------------------------------------------------------------------- Under the Proposed Rule, if the applicant chooses to submit a microfilm copy in addition to the digital files discussed above in Section III.C.1, the applicant would have to provide positive 35mm silver halide microfilm containing the final edition of each issue that was published during the month specified in the application.\15\ The issues would have to be arranged on the microfilm in chronological order and the microfilm copy should be sent to CAD rather than to the Registration Program.\16\ The Registration Program does not need microfilm to determine whether the newspaper issues are copyrightable or whether the formal and legal requirements for this group option have been satisfied. The examiner can make these determinations based on his or her review of the digital copies provided with the application (described in Section III.C.1). Moreover, because the Registration Program does not have a reliable, functioning microfilm reader, examiners may be unable to review the film to determine whether it meets the Library's needs. --------------------------------------------------------------------------- \15\ The regulation currently states that the microfilm must meet ``the Library's best edition criteria.'' 37 CFR 202.3(b)(7)(i)(D). The Proposed Rule eliminates this phrase, because it is redundant of what is stated elsewhere in the regulation. Compare id. (requiring ``positive, 35mm silver halide microfilm'') with Appendix B to Part 202, VII.B.1-2, X.A.1 (expressing the Library preference for collecting newspapers in ``microform'' rather than ``printed matter,'' consisting of ``positive rather than negative'' film, ``silver halide rather than any other emulsion,'' and ``35 mm rather than 16 mm''). \16\ Packages delivered to CAD by mail or by courier may be irradiated to destroy possible contaminants, such as anthrax. This process may damage microfilm. To avoid this problem, claimants are encouraged to send microfilm in boxes rather than envelopes. --------------------------------------------------------------------------- The Office requests comment on these proposals. The Office is particularly interested in knowing whether the proposed phase-out period will give publishers a sufficient amount of time to exhaust their current contracts or whether a longer period would be needed. 3. Public Access to Digital Deposits When the Office established the group registration option for newspapers, it implicitly recognized that publishers could satisfy their obligations under mandatory deposit by registering their issues with the Office and providing the Library with a copy of those issues on microfilm--although this was not explicitly stated in the regulation itself. The Proposed Rule codifies this understanding by stating that publishers may comply with mandatory deposit by registering their newspapers using the group registration option. The Copyright Act provides that all copies deposited with the Office for mandatory deposit and registration purposes under sections 407 and 408 ``are the property of the United States Government,'' and that, in the case of published works, those copies ``are available to the Library of Congress for its collections.'' 17 U.S.C. 704(a)-(b). The Office has received digital files submitted by registration applicants under section 408 since it launched its electronic registration system in 2007. Although digital registration deposits submitted for registration are stored on Library-operated servers, the Library has to date not incorporated these digital deposits into its general collections or made them available to its patrons. In addition, electronic works not published in physical formats are--with one exception--exempt from all mandatory deposit requirements under section 407. See 37 CFR 202.19(c)(5). The one exception to the general exemption from mandatory deposit rules for electronic-only works is for electronic serials. Electronic serials that are fixed and published solely online are subject to mandatory deposit if the Office issues a written demand for a particular serial under section 202.24 of the regulations. 37 CFR 202.19(c)(5), 202.24(a). If the Office demands an electronic serial under this provision, the publisher is expected to submit a digital copy of that serial for use in the Library's collections. Currently, Library staff and members of the general public may access these copies using the Library's facilities. The Library provides access to these files via a secure network, and access is currently limited, at any one time, to two authorized users. See 75 FR 3863, 3867-68 (Jan. 25, 2010). With this notice of proposed rulemaking, the Office notes that, for the first time, the Library plans to incorporate digital copies of works submitted for registration under section 408 into the Library's collections, and provide public access to those digital copies. To regulate such public access, the Proposed Rule borrows and codifies the existing public access practices used for electronic serials obtained under section 407; specifically, the Proposed Rule establishes a new section 201.18, entitled ``Access to electronic works.'' That provision clarifies that the Library may make these digital files available to ``authorized users,'' meaning (i) Members, staff, and officers of the U.S. House of Representatives and the U.S. Senate, (ii) Library of Congress staff and its contractors, and (iii) registered researchers who use the Library's facilities in Washington, DC and Culpeper, Virginia. The limitation permitting access to two authorized users at any one time applies across all Library facilities. It also clarifies that the Library may not make these files available to the public over the Internet without the copyright owner's permission. To be clear, while the Proposed Rule would permit public access to digital copies only to newspapers received by the Office under the group registration option, over time the Library would like to expand this new provision to address public access to digital registration deposits for other types of digital works. Before expanding such access, however, the Office will issue separate rulemakings to notify the public. D. The Filing Fee Requirement Under the Proposed Rule, the applicant will be required to pay the same filing fee currently set forth in the Office's fee schedule, namely $80 per claim. The Proposed Rule clarifies that this fee must be included with the application or charged to an active deposit account. Once the Proposed Rule has been implemented, the Office will monitor the cost of processing newspapers through the electronic system to determine if future fee adjustments may be warranted, and may use this information in conducting its next fee study. E. Timeliness Requirements The current regulation states that newspaper publishers must submit their claims within three months after the publication of the most recent issue in the group. 37 CFR 202.3(b)(7)(i)(F). The Proposed Rule maintains the three-month deadline, but will require applicants to submit their claims within three months after the publication of the earliest issue--rather than the most recent issue--in the group.\17\ --------------------------------------------------------------------------- \17\ The regulation currently states that registration must be ``sought'' within three months after publication of the last issue in the group, while the Proposed Rule states that the application, filing fee, and deposit must be ``received'' in the Office within three months after publication. The Office notes that, under the Proposed Rule, the date that a registration is ``sought'' and the date that the application, fee, and deposit are ``received'' are typically the same--particularly when the claim is submitted through the electronic registration system. The change in language is simply intended to clarify this point. --------------------------------------------------------------------------- Compliance with this requirement may provide newspaper publishers with certain legal benefits. Publishers must [[Page 51378]] register their issues in a timely manner to seek statutory damages and attorney's fees in an infringement action. Specifically, a publisher typically may seek these remedies if a newspaper issue was registered (i) before the infringement commenced or (ii) within three months after the first publication of that work. See 17 U.S.C. 412. Requiring applicants to submit their claims within three months after publication of the earliest issue would give publishers the ability to seek statutory damages and attorney's fees for each issue in the group. For example, if the applicant sought to register issues published between June 1st and June 30th, the applicant would be required to submit the claim on or before September 1st. By doing so, the applicant would preserve the ability to seek statutory damages and attorney's fees for infringement occurring after the effective date of registration (i.e., after September 1st), as well as infringement occurring within three months after the publication of the earliest issue in the group (i.e., between June 1st and September 1st). Moreover, the publisher would be able to seek these remedies for each issue in the group, because all of the issues were first published within that three-month period. By contrast, the current regulation allows an applicant to submit a claim up to four months after the publication of the earliest issue in the group, which may limit the remedies that a publisher may seek in an infringement action. For instance, in the previous example, the applicant could wait until September 30th to register issues published in the month of June, rather than submitting the claim on September 1st. The publisher would be able to seek statutory damages and attorney's fees for infringement involving the June 30th issue occurring after the effective date of registration (i.e., after September 30th), or within three months after the publication of the most recent issue in the group (i.e., between June 30th and September 30th). But the publisher would not be entitled to these remedies for infringement involving the issues published on June 1st through June 29th, because they were received by the Office more than three months after the publication of those issues. Under the Proposed Rule, the date that optional microfilm copies are received by the Office would be irrelevant. This represents a significant improvement compared to the current process, in which the Office routinely receives microfilm between four to six months after the publication of the most recent issue in the group. On some occasions the Office has received microfilm one or two years after the deadline has expired. Representatives of the newspaper industry have informed the Office that these delays are due to the high cost of producing microfilm. Many publishers cannot afford to send their newspapers to a microfilm producer until they have a sufficient number of issues to justify the cost, which delays the production and delivery of the microfilm. Given these obstacles, it is unreasonable to penalize publishers for failing to transfer their newspapers onto microfilm within three months after publication. F. Technical Amendments The Proposed Rule will move the regulation governing the newspaper group option from section 202.3 to section 202.4. Going forward, the Office intends to move all regulations governing the various group options implemented under section 408(c) of the Copyright Act to section 202.4. This change is intended to improve the readability of existing regulations and does not represent a substantive change in policy. In addition, the Proposed Rule incorporates the regulatory definitions from sections 202.3 and 202.20 into section 202.4, to apply to the various group registration options. The Proposed Rule also confirms that an application for a group of newspaper issues may be submitted by any of the parties listed in section 202.3(c)(1), namely, (i) the author or copyright claimant of those works, (ii) the owner of any of the exclusive rights in those works, or (iii) a duly authorized agent of any author, claimant, or owner of exclusive rights. Finally, the Proposed Rule contains an unrelated technical amendment, which removes the terms ``single application'' and ``single registration'' and replaces them with the terms ``application'' and ``group registration.'' 37 CFR 202.3(b)(7)(i). This is intended to avoid potential confusion with the ``single application,'' a special application that may be used to register ``a single work by a single author that is owned by the person who created it.'' 37 CFR 202.3(b)(2)(i)(B). IV. Conclusion The Proposed Rule will encourage broader participation in the registration system, and increase the efficiency of the process for both the Office and copyright owners alike, while providing the Library with a means for adding newspapers to its collections in an archival- quality format. The Office invites public comment on each of these proposed changes, including: Eligibility Requirements 1. The proposed definition of ``newspaper issues,'' including making the group registration option to all newspapers, regardless of whether they have been selected to be received and retained by the Library, and classifying a newspaper as a ``periodical.'' 2. The clarification that all issues in the group must be published and bear issue dates within the same calendar month. 3. The proposed authorship, ownership, and work made for hire requirements. 4. The proposed requirement that each newspaper issue in the group must be an all-new collective work that has not been previously published. 5. The proposed clarifications for the scope of protection for newspaper issues, versus individual contributions appearing within those issues. 6. The clarification that each newspaper issue in the group must be fixed and distributed as a discrete, self-contained collective work. Application Requirements 7. The proposed requirement that applicants use the electronic application designated for a group of newspaper issues as a condition for seeking a group registration, and whether the current online filing requirement for supplementary registrations relating to groups of newspaper issues should be retained. Deposit Requirements 8. The proposed requirement that applicants submit a complete digital copy of the final edition of each issue in the group, regardless of whether the newspaper was selected to be received and retained by the Library, as well as any of the proposed file submission requirements. 9. The proposed phase-out of the practice of accepting microfilm deposits by December 31, 2019. 10. The proposed parameters for public access to digital deposits of newspaper issues, including the Library making digital copies available to two authorized users at a time at the Library's facilities, and considerations related to secure storage of and access to such digital deposits. Timeliness Requirement 11. The proposed requirement that applicants submit their claims within three months after the publication of the earliest issue in the group. List of Subjects 37 CFR Part 201 Copyright, General provisions. [[Page 51379]] 37 CFR Part 202 Copyright, Preregistration and registration of claims to copyright. Proposed Regulation For the reasons set forth in the preamble, the Copyright Office proposes amending 37 CFR parts 201 and 202 as follows: PART 201--GENERAL PROVISIONS 0 1. The authority citation for part 201 continues to read as follows: Authority: 17 U.S.C. 702. 0 2. In Sec. 201.1, revise paragraph (c)(6) to read as follows: Sec. 201.1 Communication with the Copyright Office. * * * * * (c) * * * (6) Copyright Acquisitions. Deposit copies submitted under section 407 of the Copyright Act should be addressed to: Library of Congress, U.S. Copyright Office, Attn: 407 Deposits, 101 Independence Avenue SE., Washington, DC 20559. Newspaper publishers that submit microfilm under Sec. 202.4(e) of this chapter should mail their submissions to: Library of Congress, U.S. Copyright Office, Attn: 407 Deposits, 101 Independence Avenue SE., Washington, DC 20559. * * * * * 0 3. In Sec. 201.3, revise paragraph (c)(6) to read as follows: Sec. 201.3 Fees for registration, recordation, and related services, special services, and services performed by the Licensing Division. * * * * * (c) * * * ------------------------------------------------------------------------ ------------------------------------------------------------------------ (6) Registration of a claim in a group of newspapers or a group 80 of newsletters.................................................. ------------------------------------------------------------------------ * * * * * 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. 0 5. Amend Sec. 202.3 as follows: 0 a. Revise paragraph (a)(2). 0 b. Amend paragraph (b)(1)(v) by removing ``periodicals; newspapers'' and adding in its place ``periodicals (including newspapers)''. 0 c. Remove and reserve paragraph (b)(7). The revision reads as follows: Sec. 202.3 Registration of copyright. * * * * * (a) * * * (2) For the purposes of this section, the term author includes an employer or other person for whom a work is ``made for hire'' under section 101 of title 17. * * * * * 0 6. Amend Sec. 202.4 as follows: 0 a. Revise paragraph (b). 0 b. Add paragraph (e). 0 c. Amend paragraph (g)(4) by removing the second sentence. 0 d. Amend paragraph (m) by adding the first sentence. The addition and revisions read as follows: Sec. 202.4 Group Registration. * * * * * (b) Definitions. (1) For purposes of this section, unless otherwise specified, the terms used have the meanings set forth in Sec. 202.3 and Sec. 202.20. (2) For purposes of this section, the term Library means the Library of Congress. (3) For purposes of this section, a periodical is a collective work that is issued or intended to be issued on an established schedule in successive issues that are intended to be continued indefinitely. In most cases, each issue will bear the same title, as well as numerical or chronological designations. * * * * * (e) Group registration of newspapers. Pursuant to the authority granted by 17 U.S.C. 408(c)(1), the Register of Copyrights has determined that a group of newspaper issues may be registered with one application, one filing fee, and the required deposit, and the filing fee required by Sec. 201.3(c) of this chapter, if the following conditions are met: (1) All the issues in the group must be newspapers. For purposes of this section, a newspaper is a periodical (as defined in paragraph (b)(3) of this section) that is mainly designed to be a primary source of written information on current events, either local, national, or international in scope. A newspaper contains a broad range of news on all subjects and activities and is not limited to any specific subject matter. Newspapers are intended either for the general public or for a particular ethnic, cultural, or national group. (2) Each issue in the group must be an all-new collective work that has not been previously published (except where earlier editions of the same newspaper are included in the deposit together with the final edition), each issue must be fixed and distributed as a discrete, self- contained collective work, and the claim in each issue must be limited to the collective work. (3) Each issue in the group must be a work made for hire, and the author and claimant for each issue must be the same person or organization. (4) All the issues in the group must be published under the same continuing title, and they must be published within the same calendar month and bear issue dates within that month. The applicant must include the final edition of each issue published within that month, and must identify the earliest and latest date that the issues were published. The applicant may include earlier editions of the same newspaper, provided that they were published on the same date as the final edition. The applicant also may include local editions of the newspaper that were published within the same metropolitan area, but may not include national or regional editions that were distributed outside that metropolitan area. (5) Application. The applicant must complete and submit the online application designated for a group of newspaper issues. The application may be submitted by any of the parties listed in Sec. 202.3(c)(1). (6) Deposit. (i) The applicant must submit one complete copy of the final edition of each issue published in the calendar month designated in the application. Each copy may include earlier editions of the same newspaper, provided that they were published on the same date as the final edition. Each copy may also include local editions of the newspaper that were published within the same metropolitan area, but may not include national or regional editions that were distributed outside that metropolitan area. (ii)(A) The issues must be submitted in a digital form, and each issue must be contained in a separate electronic file. The applicant must use the file-naming convention and submit digital files in accordance with instructions specified on the Copyright Office's Web site. The files must be submitted in Portable Document Format (PDF), they must be assembled in an orderly form, and they must be uploaded to the electronic registration system as individual electronic files (i.e., not .zip files). The files must be viewable and searchable, contain embedded fonts, and be free from any access restrictions (such as those implemented through Digital Rights Management (DRM)). The file size for each uploaded file must not exceed 500 megabytes, but files may be compressed to comply with this requirement. (B) The applicant may also submit the issues on positive 35mm silver halide [[Page 51380]] microfilm, provided that the microfilm is received by December 31, 2019. The issues should be arranged on the microfilm in chronological order, and should be sent to: Library of Congress, U.S. Copyright Office, Attn: 407 Deposits, 101 Independence Avenue SE., Washington, DC 20559. (7) The application, the filing fee, and files specified in paragraph (e)(7)(ii)(A) of this section must be received by the Copyright Office within three months after the date of publication for the earliest issue in the group. * * * * * (m) The scope of a group registration. When the Office issues a group registration under paragraph (e) of this section, the registration covers each issue in the group and each issue is registered as a separate collective work. * * * 0 7. Add Sec. 202.18 to read as follows: Sec. 202.18 Access to electronic works. (a) Access to electronic works received under Sec. 202.4(e) will be available only to authorized users at Library of Congress facilities in accordance with the policies listed below. Library staff may access such content off-site as part of their assigned duties via a secure connection. (b) Access to each individual electronic work received under Sec. 202.4(e) will be limited, at any one time, to two Library of Congress authorized users via a secure server over a secure network that serves Library of Congress facilities. (c) The Library of Congress will not make electronic works received under Sec. 202.4(e) available to the public over the Internet without rightsholders' permissions. (d) ``Authorized user'' means Library of Congress staff, contractors, and registered researchers, and Members, staff and officers of the U.S. House of Representatives and the U.S. Senate for the purposes of this section. (e) ``Library of Congress facilities'' means all Library of Congress facilities in Washington, DC, and the Library of Congress Packard Campus for Audio-Visual Conservation in Culpeper, VA. 0 8. In Sec. 202.19, add paragraph (d)(2)(ix) to read as follows: Sec. 202.19 Deposit of published copies or phonorecords for the Library of Congress. * * * * * (d) * * * (2) * * * (ix) In the case of published newspapers, a deposit submitted pursuant to and in compliance with the group registration option under Sec. 202.4(e) shall be deemed to satisfy the mandatory deposit obligation under this section. * * * * * Dated: October 30, 2017. Sarang V. Damle, General Counsel and Associate Register of Copyrights. [FR Doc. 2017-23917 Filed 11-3-17; 8:45 am] BILLING CODE 1410-30-P
![Federal Register / Vol. 82, No. 213 / Monday, November 6, 2017 / Proposed Rules 51369
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wear on the aileron cable fuselage skin cut- person is not required to respond to, nor
distribution of power and
out and on the wing root rib fairlead, and any shall a person be subject to a penalty for
responsibilities among the various fraying of the cable from the root rib fairlead, failure to comply with a collection of
levels of government. which could lead to failure of the aileron information subject to the requirements of
For the reasons discussed above, I cable and loss of control. the Paperwork Reduction Act unless that
certify this proposed regulation: collection of information displays a current
(1) Is not a ‘‘significant regulatory (f) Actions and Compliance valid OMB Control Number. The OMB
action’’ under Executive Order 12866, Unless already done, do the following Control Number for this information
(2) Is not a ‘‘significant rule’’ under actions in paragraphs (f)(1) through (5) of this collection is 2120–0056. Public reporting for
the DOT Regulatory Policies and AD: this collection of information is estimated to
Procedures (44 FR 11034, February 26, (1) Within the next 50 hours time-in- be approximately 5 minutes per response,
service (TIS) after the effective date of this including the time for reviewing instructions,
1979), AD or before the aileron cables have completing and reviewing the collection of
(3) Will not affect intrastate aviation accumulated 300 hours TIS, whichever information. All responses to this collection
in Alaska, and occurs later, inspect the aileron cables of information are mandatory. Comments
(4) Will not have a significant following the Accomplishment Instructions concerning the accuracy of this burden and
economic impact, positive or negative, in Viking Air Limited Service Bulletin V6/ suggestions for reducing the burden should
on a substantial number of small entities 0022, Revision B, dated June 13, 2014 (SB be directed to the FAA at: 800 Independence
under the criteria of the Regulatory V6/0022, Revision B). Inspect repetitively Ave. SW., Washington, DC 20591, Attn:
Flexibility Act. thereafter at intervals not to exceed 500 hours Information Collection Clearance Officer,
TIS, but not to exceed five inspections (the AES–200.
List of Subjects in 14 CFR Part 39 initial and four repetitives).
(2) If any discrepancies are found during (h) Related Information
Air transportation, Aircraft, Aviation
any of the inspections required in paragraph Refer to MCAI Transport Canada AD
safety, Incorporation by reference, (f)(1) of this AD, before further flight, replace Number CF–2017–20, dated June 7, 2017, for
Safety. the aileron cable(s) following the related information. You may examine the
The Proposed Amendment Accomplishment Instructions in SB V6/0022, MCAI on the Internet at http://
Revision B. www.regulations.gov by searching for and
Accordingly, under the authority (3) Upon completion of the initial and four locating Docket No. FAA–2017–1038. For
delegated to me by the Administrator, repetitive inspections detailed in paragraph service information related to this AD,
the FAA proposes to amend 14 CFR part (f)(1) of this AD, resume the inspections contact Viking Air Limited Technical
39 as follows: specified in the maintenance program. Support, 1959 De Havilland Way, Sidney,
(4) Within 30 days after completion of each British Columbia, Canada, V8L 5V5;
PART 39—AIRWORTHINESS inspection detailed in paragraphs (f)(1) of telephone: (North America) (866) 492–8527;
DIRECTIVES this AD, report the results of each inspection fax: (250) 656–0673; email:
to Viking Air Limited in accordance with the technical.support@vikingair.com; Internet:
■ 1. The authority citation for part 39 reporting instructions in SB V6/0022, http://www.vikingair.com/support/service-
continues to read as follows: Revision B. bulletins. You may review this referenced
(5) Installation of new aileron cables or re- service information at the FAA, Policy and
Authority: 49 U.S.C. 106(g), 40113, 44701. installation of existing cables that have been Innovation Division, 901 Locust, Kansas City,
removed for any reason re-starts the Missouri 64106. For information on the
§ 39.13 [Amended] inspections required in paragraph (f)(1) of availability of this material at the FAA, call
■ 2. The FAA amends § 39.13 by adding this AD. (816) 329–4148.
the following new AD: Issued in Kansas City, Missouri, on
(g) Other FAA AD Provisions
Viking Air Limited: Docket No. FAA–2017– October 20, 2017.
The following provisions also apply to this
1038; Product Identifier 2017–CE–024– Pat Mullen,
AD:
AD. Acting Deputy Director, Policy and Innovation
(1) Alternative Methods of Compliance
(a) Comments Due Date (AMOCs): The Manager, New York ACO Division, Aircraft Certification Service.
Branch, FAA, has the authority to approve [FR Doc. 2017–23808 Filed 11–3–17; 8:45 am]
We must receive comments by December
AMOCs for this AD, if requested using the
21, 2017. BILLING CODE 4910–13–P
procedures found in 14 CFR 39.19. Send
(b) Affected ADs information to ATTN: Erin Hulverson,
None. Aerospace Engineer, FAA, Boston ACO
Branch, 1200 District Avenue, Burlington, LIBRARY OF CONGRESS
(c) Applicability MA 01803; telephone: (781) 238–7655; fax:
This AD applies to Viking Air Limited (781) 238–7199; email: erin.hulverson@ U.S. Copyright Office
Models DHC–6–1, DHC–6–100, DHC–6–200, faa.gov. Before using any approved AMOC on
DHC–6–300, and DHC–6–400 airplanes, all any airplane to which the AMOC applies, 37 CFR Parts 201 and 202
serial numbers, certificated in any category. notify your appropriate principal inspector
(PI) in the FAA Flight Standards District [Docket No. 2017–16]
(d) Subject Office (FSDO), or lacking a PI, your local
Air Transport Association of America FSDO. Group Registration of Newspapers
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(ATA) Code 27: Flight Controls. (2) Contacting the Manufacturer: For any AGENCY: U.S. Copyright Office, Library
requirement in this AD to obtain corrective
(e) Reason of Congress.
actions from a manufacturer, the action must
This AD was prompted by mandatory be accomplished using a method approved ACTION: Notice of proposed rulemaking.
continuing airworthiness information (MCAI) by the Manager, New York ACO Branch,
originated by an aviation authority of another FAA; or Transport Canada; or Viking Air SUMMARY: The U.S. Copyright Office is
country to identify and correct an unsafe Limited’s Transport Canada Design proposing to amend its regulation
condition on an aviation product. The MCAI Organization Approval (DOA). If approved by governing the group registration option
describes the unsafe condition as aileron the DOA, the approval must include the for newspapers. The proposed rule will
cable wear or fouling at the wing root rib, DOA-authorized signature. make a number of changes to reflect
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![51370 Federal Register / Vol. 82, No. 213 / Monday, November 6, 2017 / Proposed Rules
current Office practices, promote Policy and Practice, or Erik Bertin, II. The Existing Group Registration
efficiency of the registration process, Deputy Director of Registration Policy Option for Newspapers
and encourage broader participation in and Practice, by telephone at 202–707– To register a group of newspapers
the registration system by reducing the 8040, or by email at rkas@loc.gov and under the current regulation, the
burden on applicants. Specifically, the ebertin@loc.gov; or Anna Bonny applicant must complete and submit a
proposed rule revises the definition of Chauvet, Assistant General Counsel, by paper application using Form G/DN.1 37
‘‘newspaper issues’’ and clarifies that telephone at 202–707–8350, or by email CFR 202.3(b)(7)(i)(B). The current
the group registration option is available at achau@loc.gov. regulation states that a newspaper is
to any qualifying ‘‘newspaper issue.’’ eligible for the group registration option
The proposed rule will require SUPPLEMENTARY INFORMATION:
if it is listed in ‘‘Newspapers Received
applicants to file an online application I. Background Currently in the Library of Congress,’’ 2
rather than a paper application, and a policy document listing newspapers
upload a complete digital copy of each When Congress enacted the Copyright that have been selected to be received
issue through the electronic registration Act of 1976 (the ‘‘Act’’), it authorized and retained by the Library. 37 CFR
system instead of submitting them in the Register of Copyrights (the 202.3(b)(7)(ii). The current regulation
physical form. The Library of Congress ‘‘Register’’) to specify by regulation the also includes a number of registration
intends to incorporate digital copies of administrative classes of works for the requirements. First, the group must
newspapers received by the Office purpose of seeking a registration, and include ‘‘a full month of issues of the
under this group registration option, the nature of the deposits required for same newspaper title published with
and provide public access to them, each such class. In addition, Congress issue dates in one calendar month,’’ and
subject to certain restrictions set forth in granted the Register the discretion to the applicant must specify the first and
the proposed rule. Applicants may allow groups of related works to be last day that the issues were published
continue to submit their issues on registered with one application and one during that month. Id.
microfilm (in addition to submitting filing fee, a procedure known as ‘‘group § 202.3(b)(7)(i)(A), (C). Second, the
digital files) on a voluntary basis if the registration.’’ See 17 U.S.C. 408(c)(1). applicant must submit a microfilm
microfilm is received by December 31, Pursuant to this authority, the Register deposit, consisting of positive 35mm
2019. After that date, the microfilm has issued regulations permitting the silver halide microfilm, containing the
option will be phased out. The proposed U.S. Copyright Office (the ‘‘Office’’) to final edition of each issue published in
rule will clarify that each newspaper issue a group registration for limited the month specified in the application.
issue in the group must be a new
categories of works, provided that Id. § 202.3(b)(7)(i)(D). The microfilm
collective work and a work made for
certain conditions have been met. See may include ‘‘earlier editions published
hire, that the author and copyright
generally 37 CFR 202.3(b)(5)–(10), the same day in a given metropolitan
claimant for each issue must be the
202.4(g). area served by the newspaper, but may
same person or organization, and will
As the legislative history explains, not include national or regional editions
clarify the scope of protection for
allowing ‘‘a number of related works to distributed beyond a given metropolitan
newspaper issues, compared to
be registered together as a group area.’’ 3 Id. Finally, to be registered as a
individual components appearing
represent[ed] a needed and important group, the applicant must seek
within those issues. In addition, the
liberalization of the law.’’ H.R. Rep. No. registration within three months after
proposed rule will require applicants to
the date of publication for the most
submit a full month of issues, and 94–1476, at 154 (1976); S. Rep. No. 94–
recent issue included in the group. Id.
submit their claims within three months 473, at 136 (1975). Congress recognized
§ 202.3(b)(7)(i)(F).
after the publication of the earliest issue that requiring applicants to submit In addition to these regulatory
in the group. The Office invites public separate applications for certain types of requirements, the instructions for Form
comment on these proposed changes. works may be so burdensome and G/DN include three additional
DATES: Comments must be made in expensive that authors and copyright requirements: Each issue in the group
writing and must be received in the U.S. owners may forgo registration must be an ‘‘essentially all-new
Copyright Office no later than December altogether, since copyright registration collective work’’ that has not been
6, 2017. is not a prerequisite to copyright previously published; each issue must
ADDRESSES: For reasons of government protection. Id. If copyright owners do be a work made for hire; and the author
efficiency, the Copyright Office is using not submit their works for registration, and the copyright claimant must be the
the regulations.gov system for the the public record will not contain any same person or organization. Form
submission and posting of public information concerning those works. Group/Daily Newspapers and
comments in this proceeding. All This creates a void in the public record Newsletters. Although not referenced in
comments are therefore to be submitted that diminishes the value of the Office’s the Office’s regulation, these
electronically through regulations.gov. database, and deprives the public of instructions have appeared in Form G/
Specific instructions for submitting copies of works that might otherwise be DN since at least February 2000, and
comments are available on the included in the collections of the have appeared in Copyright Office
Copyright Office Web site at https:// Library of Congress (the ‘‘Library’’).
www.copyright.gov/rulemaking/group- When large numbers of works are 1 Although the regulation refers to this as a ‘‘GDN
newspapers. If electronic submission of grouped in one registration application, application,’’ the application itself is labeled ‘‘Form
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comments is not feasible due to lack of however, granular information about the G/DN.’’ Applicants must also submit Form G/DN
when using the group registration option for daily
access to a computer and/or the individual works may not be adequately newsletters. 37 CFR 202.3(b)(9)(viii).
Internet, please contact the Office using captured. Therefore, group registration 2 This list is also available at https://www.loc.gov/
the contact information below for options require careful balancing of the rr/news/ncr_list.php.
special instructions. need for an accurate public record and 3 The Office’s rationale for not including national
or regional editions is that the Library considers
FOR FURTHER INFORMATION CONTACT: the need for an efficient method of them to be different newspapers because they have
Robert J. Kasunic, Associate Register of facilitating the registration of multiple different International Standard Serial Numbers
Copyrights and Director of Registration works. (‘‘ISSN’’).
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![Federal Register / Vol. 82, No. 213 / Monday, November 6, 2017 / Proposed Rules 51371
Circular 62A: Group Registration of than filing paper applications. Third, it days a week. In practice, the Office has
Newspapers and Newsletters will amend the deposit requirements by never applied this standard in
(hereinafter ‘‘Circular 62A’’) since at requiring applicants to upload their registering groups of newspaper issues.
least December 1999.4 newspapers in digital form through the Accordingly, the Proposed Rule will
During the early 1990s, the Office electronic registration system. Although remove the term ‘‘daily’’ and replace it
became aware that applicants wished to applicants will no longer be required to with ‘‘newspaper issues.’’
use the group registration option to submit microfilm containing a complete As discussed above, the current
register newspapers that had not been copy of each issue, they may do so regulation states that a newspaper is
selected for the Library’s collections. voluntarily if the microfilm is received eligible for group registration if it is
These applicants went to the trouble by December 31, 2019 (in addition to listed in ‘‘Newspapers Received
and expense of transferring newspapers uploading digital copies). After that, the Currently in the Library of Congress,’’ a
onto archival-quality microfilm for microfilm option will be phased out. policy document listing newspapers
registration purposes, even though the Fourth, the Proposed Rule confirms that that have been selected to be received
Library did not include that microfilm deposits submitted for the purpose of and retained by the Library. 37 CFR
in its collections. group registration will satisfy the 202.3(b)(7)(ii). The Proposed Rule will
To reduce the number of applicants mandatory deposit requirement under make any newspaper eligible for a group
incurring such unnecessary costs in section 407 of the statute, and will not registration, regardless of whether the
transferring non-selected newspapers to be subject to the best edition Library has selected that title for its
archival-quality microfilm, and to requirement. It also confirms that the collections.
complement its existing regulation, the Library may provide limited access to In addition, the Proposed Rule
Office adopted an interim practice any digital newspaper deposits it clarifies that for purposes of registration,
allowing applicants to use the group receives from the Office under the group a newspaper will be classified as a
registration option for newspapers that registration option, subject to certain ‘‘periodical.’’ Under the current
have not been selected by the Library restrictions. regulation, ‘‘newspapers’’ and
without submitting the works on Finally, the Proposed Rule will ‘‘periodicals’’ are both subsets of
microfilm. Specifically, the interim memorialize the Office’s longstanding ‘‘serials,’’ a broader category of works
practice allows an applicant to submit: position regarding the scope of a ‘‘issued or intended to be issued in
(i) Complete print copies of the earliest registration for a group of newspaper successive parts bearing numerical or
and most recent issues from the month issues (i.e., a registration for a group of chronological designations and
specified in the application; (ii) print newspaper issues covers each issue in intended to be continued
copies of the first section from the the group, as well as the articles, indefinitely.’’ 6 See 37 CFR
earliest and most recent issues in that photographs, illustrations, or other 202.3(b)(1)(v). Serials do not have to be
month; or (iii) print copies of the first contributions appearing within each collective works for registration
page from the earliest and most recent issue—if they are fully owned by the purposes. See id. For example, a
issues in that month. Although the copyright claimant and if they were first newsletter containing a single article
Office’s interim practice is not reflected published in those issues). In addition, may qualify as a serial, but not a
in the current regulation, it is it will implement some technical collective work. See H.R. Rep. No. 94–
mentioned in the instructions for Form amendments to address certain 1476, at 122 (1976) (stating that a work
inconsistencies in the current does not qualify as a collective work
G/DN, in Circular 62A, and in the
regulation. ‘‘where relatively few separate elements
Compendium of U.S. Copyright Office
Practices, section 1110.5(B) (3d ed. A. Eligibility Requirements have been brought together,’’ as in the
2017) (hereinafter ‘‘Compendium’’). case of ‘‘a composition consisting of
This section discusses the proposed words and music, a work published
III. The Proposed Rule amendments to the eligibility with illustrations or front matter, or
requirements for the group option for three one-act plays’’). By contrast, a
The Office is proposing to amend the newspapers. Applicants failing to satisfy
regulation governing the group ‘‘periodical’’ is defined as ‘‘a collective
these requirements will not be work that is issued or intended to be
registration option for newspapers (the permitted to use this option.
‘‘Proposed Rule’’) to reflect current issued on an established schedule in
Office practices, promote efficiency, and 1. The Definition of ‘‘Daily successive issues that are intended to be
where possible, reduce the burden on Newspapers’’ continued indefinitely,’’ and ‘‘[i]n most
applicants. cases, each issue will bear the same
The Proposed Rule will update the
As explained in greater detail below, title, as well as numerical or
regulatory definition for the term
the Proposed Rule will modify the chronological designations.’’ 7 37 CFR
‘‘newspaper’’ in several respects.5
eligibility requirements for this group Currently, the regulation states that the 6 In 1991, the Office began offering a group
option in several respects. First, it will Office may issue a group registration registration option for serials. 55 FR 50556. The
make any newspaper, as defined in the ‘‘for a group of daily newspapers.’’ 37 Office subsequently offered a separate group
regulation, eligible for a group CFR 202.3(b)(7)(i). The term ‘‘daily’’ is registration option for newspapers, which are
registration, regardless of whether the published in successive parts bearing numerical or
misleading, because it implies that the chronological designations (i.e., publications
Library has selected that newspaper for newspaper must be published seven meeting the definition of a ‘‘serial’’), but are
its collections. Second, it will improve
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ineligible for the serial group registration option
the efficiency of this procedure by 5 The Proposed Rule also maintains certain because they do not meet the registration
requiring applicants to register their portions of the current definition. It reiterates that requirements, such as frequency of publication. 57
newspapers are mainly designed to be a primary FR 39615. The Office will be issuing a proposed
newspapers through the Office’s rule relating to group registration for serials to
source of written information on current events,
electronic registration system, rather either local, national, or international in scope; they similarly streamline the registration process for that
contain a broad range of news on all subjects and group registration option.
4 Similar language appears in the regulations activities; they are not limited to any specific 7 In this respect, the Proposed Rule differs from
governing the group options for serials and subject matter; and they are intended either for the the regulation governing the group registration
newsletters. See 37 CFR 202.3(b)(6)(C)–(F), (9)(ii)– general public or for a particular ethnic, cultural, option for newsletters, which are classified as
(iv). or national group. See 37 CFR 202.3(b)(7)(ii). Continued
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![51372 Federal Register / Vol. 82, No. 213 / Monday, November 6, 2017 / Proposed Rules
202.4(g)(4) (emphasis added). 3. Authorship, Ownership, and Work advertisements appearing in previous
Accordingly, by classifying newspapers Made for Hire Requirements issues.
as ‘‘periodicals’’ rather than ‘‘serials’’ Under the Proposed Rule, each issue 5. Scope of Protection for Newspaper
generally, the Proposed Rule clarifies in the group must have been created as Issues Versus Individual Contributions
that newspapers must be collective a work made for hire, with the same Versus Overall Group
works for registration purposes.8 The person or organization named as the
Proposed Rule also amends the The Proposed Rule clarifies that a
author and copyright claimant. These
definition for ‘‘Class SE: Serials’’ to registration for a group of newspapers
requirements have appeared in Circular
reflect this clarification. covers each issue in the group, and each
62A and in the instructions for Form G/
Defining a newspaper as a issue will be registered as a separate
DN for more than a decade.
‘‘periodical’’ is consistent with section collective work. As a general rule, a
Accordingly, this change is intended to
408(c)(3) of the Act, which indicates registration for a collective work covers
reconcile the regulation with these
that ‘‘newspapers’’ are a subset of the individual contributions contained
longstanding Office practices.
‘‘periodicals.’’ 17 U.S.C. 408(c)(3) within that work if they are fully owned
(directing the Register to create a group 4. The Collective Work Requirement by the copyright claimant and if they
registration option for works ‘‘first The Proposed Rule states that each were first published in that work.9
published as contributions to newspaper issue in the group must be Accordingly, a registration for a group of
periodicals, including newspapers’’). an all-new collective work that has not newspaper issues covers each issue in
Similarly, it is consistent with section been previously published. This the group, as well as the articles,
101 of the Act, which cites a ‘‘periodical requirement has appeared in Circular photographs, illustrations, or other
issue’’ as an example of a collective 62A for some time. Similarly, the contributions appearing within each
work. 17 U.S.C. 101 (definition of instructions for Form G/DN state that issue—if they are fully owned by the
‘‘collective work’’). each issue in the group must be an copyright claimant at the time the
Finally, the Office will use the term ‘‘essentially all-new collective work’’ application was filed and if they were
‘‘GR/NP,’’ which stands for ‘‘group that has not been previously published. first published in those issues. By
newspapers,’’ instead of the term The Proposed Rule will clarify that each contrast, if an issue contains
‘‘G/DN’’ when referring to the group issue must be an all-new collective work contributions that are not fully owned
registration option for newspapers. As for registration purposes. by the copyright claimant, and/or
discussed below in Section III.B.1, the A newspaper will be considered a contributions that were previously
Office is proposing to eliminate Form collective work if it contains ‘‘a number published, the registration will not
G/DN and require applicants to submit of contributions’’ that constitute extend to those works. See Morris v.
their claims through the electronic ‘‘separate and independent works in Business Concepts, Inc., 259 F.3d 65, 71
registration system. Thus, the term themselves,’’ and if the contributions (2d Cir. 2001) (‘‘Unless the copyright
G/DN will soon be obsolete. The term are ‘‘assembled into a collective whole’’ owner of a collective work also owns all
G/DN is also confusing, because the ‘‘in such a way that the resulting work the rights in a constituent part, a
Office uses the same term when as a whole constitutes an original work collective work registration will not
referring to the group option for daily of authorship.’’ 17 U.S.C. 101 extend to the constituent part.’’),
newsletters. See supra note 1. (definitions of ‘‘collective work’’ and abrogated on other grounds by Reed
‘‘compilation’’). For example, a Elsevier, Inc. v. Muchnick, 559 U.S. 154,
2. Publication Requirements 160 (2010).
newspaper that contains multiple
The current regulation states that articles, photographs, illustrations, and With respect to the information
applicants may register newspaper advertisements could be considered a collected as part of a group registration
issues ‘‘published with issue dates in collective work if those contributions and examination practices, the Office
one calendar month.’’ 37 CFR are selected, coordinated, and arranged must balance the public interest in
202.3(b)(7)(i)(A). The Proposed Rule in a sufficiently creative manner. By creating a meaningful record (i.e.,
will clarify that all of the issues in the contrast, a work that contains a single collecting information regarding each
group must be published (i.e., article and a single photograph would individual contribution within a
distributed to the public) within the not be considered a collective work, newspaper issue) with the relative
same calendar month and must bear because it does not contain a sufficient burden on applicants wishing to
issue dates within that month. Claims number of contributions. See H.R. Rep. participate in the registration system.
with dates outside of one calendar No. 94–1476, at 122 (1976). When an applicant submits an entire
month will be refused. The change in A newspaper issue may qualify as an month of newspaper issues for
language is simply intended to clarify ‘‘all-new’’ collective work if it contains registration, it is difficult to collect
these requirements and does not a sufficient amount of compilation granular information concerning the
represent a substantive change. authorship. In other words, there must individual articles, photographs, and
be a sufficient amount of new other component works within each
‘‘serials’’ generally rather than ‘‘periodicals’’ expression in the selection,
specifically, because newsletters can be composed 9 See, e.g., Alaska Stock, LLC v. Houghton Mifflin
of a single work, whereas newspapers are by their coordination, and arrangement of the Harcourt Pub. Co., 747 F.3d 673, 683 (9th Cir.
nature collective works. See 37 CFR 202.3(b)(9)(i). articles, photographs, or other content 2014); Morris v. Bus. Concepts, Inc., 259 F.3d 65,
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Put another way, while a newspaper must be a appearing in each issue. The fact that 68 (2d Cir. 2001); Compendium sections 509.1,
collective work to qualify for the group registration the content itself is entirely new is 509.2; see also 17 U.S.C. 201(c) (‘‘Copyright in each
option, a publisher may register a group of separate contribution to a collective work is distinct
newsletter issues regardless of whether the irrelevant to this determination. For from copyright in the collective work as a whole,
newsletter is or is not a collective work. See 82 FR example, an issue could be considered and vests initially in the author of the contribution.
at 29412 n.12. ‘‘all-new’’ if it contains a brand new In the absence of an express transfer of the
8 Section 408(c)(1) of the Act states that ‘‘[t]he copyright or of any rights under it, the owner of
selection, coordination, and
Register of Copyrights is authorized to specify by copyright in the collective work is presumed to
regulation the administrative classes into which
arrangement of content, even if that have acquired only the privilege of reproducing and
works are to be placed for purposes of deposit and individual content has been previously distributing the contribution as part of that
registration.’’ published in the newspaper—such as collective work . . . .’’).
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![Federal Register / Vol. 82, No. 213 / Monday, November 6, 2017 / Proposed Rules 51373
issue. Requiring applicants to identify for registration is submitted, and 6. Discrete, Self-Contained Works
the author and title of each individual provided that the contributions were Protected
contribution would impose a significant first published in one of those issues.11 The Proposed Rule clarifies that each
burden both on applicants and the 17 U.S.C. 411(a) (for works of U.S. newspaper issue in the group must be
Office alike. This would discourage origin, registration (or refusal) is fixed and distributed as a discrete, self-
registration, which in turn, would necessary to enforce the exclusive rights contained collective work.12 An
diminish the value of the Office’s public of copyright through litigation). applicant may satisfy this requirement if
record. It would also be contrary to the Second, a group registration may also the newspaper as a whole is fixed in a
Congressional purpose of providing the be used to satisfy the plaintiff’s burden tangible medium of expression, and the
Office with the authority to create group of proof by providing a presumption of content of each issue does not change
registration options to foster validity for each registered issue. once it has been distributed. For
registrations that otherwise would be Specifically, a certificate of registration example, a publisher that hand-delivers
unduly burdensome. ‘‘constitute[s] prima facie evidence of each issue to its subscribers, or
Accordingly, the Office’s application distributes them through newsstands,
the validity of the copyright and of the
to register a group of newspaper issues vending machines, or other retail
facts stated in the certificate.’’ 17 U.S.C.
does not contain spaces where the outlets, would satisfy this requirement
410(c). A group registration issued
applicant can expressly assert a claim in because the newspaper is clearly fixed
under the Proposed Rule would thus
the individual contributions appearing and distributed in a physical format. A
create a presumption that the claimant
within each issue, provide titles, publisher that emails an electronically
authors, or other identifying information owns the copyright in each newspaper
issue listed in the certificate, and a printed (‘‘ePrint’’) newspaper to its
for each contribution, or identify subscribers may satisfy this requirement
component works created by a third presumption that the copyright law
protects each issue as a whole. if each issue contains a fixed selection
party and transferred to the claimant by of content, such as a PDF version of a
written agreement. When the examiner Although the Proposed Rule does not
physical publication. Similarly, a
reviews each newspaper issue, he or she require granular information concerning
publisher that allows its subscribers to
will examine the issue as a whole to the individual component works within
download an ePrint newspaper from its
determine if it contains sufficient each newspaper issue, the Office
Web site may satisfy this requirement if
compilation authorship to warrant foresees the future possibility of
each issue is distributed as a collective
registration. And the examiner will applicants submitting metadata for the
work and the content of each issue does
review the newspaper issue to component works appearing within not change once it has been
determine whether it contains ‘‘a each issue, and the possibility of the downloaded.
number of contributions’’ constituting Office incorporating this information By contrast, a newspaper Web site
‘‘separate and independent works in into the registration record. If this would not satisfy this requirement.
themselves.’’ 17 U.S.C. 101. When the becomes feasible once the Office Newspaper Web sites typically add,
Office issues a group registration, the implements its next-generation archive, and/or replace content on a
certificate will identify the title, author, registration system, it may require this continuing basis. As such, they are not
and claimant for each newspaper issue type of information as a condition for fixed and distributed as discrete, self-
in the group, but it will not identify the using this group registration option. contained works. Moreover, these
titles, authors, or claimants for the Finally, the Proposed Rule also updates are rarely distributed on an
individual contributions appearing clarifies that the group as a whole is not established schedule, and rarely contain
within those issues.10 considered a compilation, a collective numerical or chronological designations
The scope of protection for a group work, or a derivative work. Instead, the distinguishing one update from the
registration issued under the Proposed group is merely an administrative next. For this reason, Web sites are not
Rule will have several consequences in classification created solely for the considered ‘‘newspapers’’ for purposes
infringement actions. First, a group purpose of registering multiple of registration. As discussed above,
registration may be used to satisfy the collective works with one application ‘‘newspapers’’ and ‘‘periodicals’’ have
statutory requirements for instituting an and one filing fee. The chronological historically been considered subsets of
infringement action involving any of the selection, coordination, and ‘‘serials,’’ a broader category of works
newspaper issues that were included arrangement of the issues within the ‘‘issued or intended to be issued in
within the group, or any of the group is entirely dictated by the successive parts bearing numerical or
individual contributions appearing regulatory requirements for this option. chronological designations and
within those issues—provided that the Likewise, when a group of newspaper intended to be continued indefinitely,’’
claimant fully owned those issues are combined for the purpose of and under the Proposed Rule,
contributions at the time the application facilitating registration, those works are newspapers will be categorized as a
not ‘‘recast, transformed, or adapted’’ in ‘‘periodical.’’ See 37 CFR 202.3(b)(1)(v)
10 There are two other options for registration of
any way, and the group as a whole is (defining a ‘‘serial’’); see also 75 FR
individual contributions to newspapers. Applicants
may expressly assert a claim in the component not ‘‘a work based upon one or more 3863, 3865 (Jan. 25, 2010) (noting that
works appearing within a particular issue by using preexisting works’’ because there is no works ‘‘that are constantly updated with
the option for ‘‘literary work.’’ When using this copyrightable authorship in simply no demarcation between particular,
option, the applicant must complete a separate discrete issues of the publication’’ are
collecting a month of issues and
Pmangrum on DSK3GDR082PROD with PROPOSALS
application and pay a separate filing fee for each
issue, and may list the author(s) and title(s) of the arranging them in chronological order. not considered serials).
individual contributions appearing within that 17 U.S.C. 101 (definition of ‘‘derivative Although the Proposed Rule does not
issue. Alternatively, the applicant may be able to work’’). extend to newspaper Web sites, the
register the individual contributions by using the Office is aware of the need for
group option for contributions to periodicals
(including newspapers), provided that the applicant 11 Alternatively, a plaintiff may satisfy this establishing new and updated practices
satisfies the eligibility requirements (i.e., the statutory requirement if the Office refused
contribution must not be a work made for hire) and registration, provided that the plaintiff serves a 12 Similar language has appeared in the
deposit requirements for that option. See 37 CFR copy of the complaint on the Register of Copyrights. Compendium since December 2014. See
202.4(g). 17 U.S.C. 411(a). Compendium section 1113.
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![Federal Register / Vol. 82, No. 213 / Monday, November 6, 2017 / Proposed Rules 51375
Office receives the entire content of Office will not accept digital copies that application, the applicant may request
each issue for the purpose of examining, have been saved onto a flash drive, disc, special relief from the deposit
indexing, and documenting claims. The or other physical storage medium that is requirements under 37 CFR 202.20(d).
interim practice allowing applicants to delivered to the Office by mail, courier, See 82 FR at 29412. The Office seeks
submit the earliest and most recent or hand delivery. public comment on the proposed digital
issues for a particular month or excerpts In addition, the Office will have a file requirements.
from those issues (discussed above in number of technical requirements for Requiring applicants to upload digital
Section II) will be eliminated. While the digital files. Specifically, applicants copies to the electronic system will
this interim practice was well- will be required to submit electronic increase the efficiency of the group
intentioned, it allows newspaper files in Portable Document Format registration process. The Office does not
publishers to register an entire month of (‘‘PDF’’). Each newspaper issue in the need physical copies to examine a
issues without submitting a complete group must be submitted to the Office newspaper for copyrightable authorship,
copy of each issue in the group. This as one discrete, self-contained collective or to determine whether the applicant
reduces the evidentiary value of the work (i.e., as one PDF file per issue with satisfied the formal and legal
registration and the public record, the pages in reading order). In each case, requirements for this group option. See
because only a fraction of the issues in the file name must adhere to the file- 17 U.S.C. 410(a) (providing that the
the group are examined for naming conventions specified on the Register of Copyrights must determine
copyrightable authorship. Office’s Web site and/or in the whether ‘‘material deposited [for
The Proposed Rule reiterates that Compendium. The Office proposes that registration] constitutes copyrightable
applicants must submit the final edition each file name start with the letters subject matter’’). Indeed, physical
of each issue that was published in the ‘‘GRNP,’’ followed by the International copies slow down the examination
month specified in the application. The Standard Serial Number (‘‘ISSN’’) for process. Electronic submissions take
current regulation states that applicants that newspaper, and the publication less time to process, and are easier to
may submit earlier editions of the same date in a ‘‘YYYYMMDD’’ format. If a track and handle than physical copies.
newspaper if they were published on newspaper publishes multiple editions A registration specialist can examine a
the same date as the final edition. 37 on the same date (e.g., morning, digital copy as soon as it has been
CFR 202.3(b)(7)(i)(D). The Office is evening, and late editions), the uploaded to the electronic registration
aware that most newspapers no longer publisher will be permitted to combine system. By contrast, when an applicant
publish multiple print editions all of the editions in a single electronic submits an online application and mails
throughout the day, such as the file, assuming the file does not exceed a physical deposit to the Office, it may
‘‘morning,’’ ‘‘afternoon,’’ ‘‘evening,’’ or file size requirements (discussed below), take weeks to connect the application
‘‘late’’ edition of a particular the editions are separate, and all pages with the correct deposit. In addition,
newspaper.13 Therefore, the Office are in sequential reading order. In each copy must be moved multiple
requests comment on whether this addition, the metadata for each file times during the examination process.
provision should be retained in the should contain the newspaper’s ISSN in Requiring digital uploads may also
Proposed Rule. Under the current the ‘‘dc:identifier’’ or ‘‘xmp: identifier’’ provide newspaper publishers with
regulation, applicants may also include fields, the publication date in the certain legal benefits. When the Office
‘‘local editions’’ of the newspaper that ‘‘dc:date’’ field, and each file should be registers a group of newspapers and
were published within the same viewable and searchable, contain issues a certificate of registration, the
embedded fonts, and be free from any effective date of registration is the date
metropolitan area (such as the Brooklyn,
access restrictions (such as those on which the Office received the
Bronx, Manhattan, Queens, and Staten
implemented through Digital Rights application, filing fee, and deposit in
Island editions of a New York City
Management (DRM)). Applicants will be proper form. When an applicant
paper), but they may not include
required to assemble the files in an uploads a digital copy of the deposit to
national or regional editions that were
orderly form, and upload them through the electronic system, the Office
distributed outside that metropolitan
the electronic registration system. When typically receives the application, filing
area. See id.; see also H.R. Rep. No. 94–
uploading the files, applicants will not fee, and deposit on the same date. By
1476, at 153 (1976) (authorizing the
be permitted to upload .zip files to the contrast, when an applicant sends
Register ‘‘to make exceptions or special
system, and should instead upload files physical copies to the Office the deposit
provisions’’ for ‘‘multipart newspaper may arrive long after the date that the
individually. In all cases, the size of
editions’’). Although the Proposed Rule application and filing fee were
each uploaded file may not exceed 500
retains this longstanding restriction, the received—thereby establishing a later
megabytes, although applicants may
Office requests comment on whether it effective date of registration.
digitally compress the files to comply
should be retained. Moreover, if an applicant uploads a
with this limitation.
In all cases, applicants will be complete copy of the newspaper
If the applicant’s electronic files do
required to submit a digital copy of each through the electronic registration
not comply with the Office’s technical
issue, rather than a physical copy. requirements, the Copyright system, the Office will retain a digital
Under the Proposed Rule, the Office Acquisitions Division (‘‘CAD’’) will copy of those issues in its repository of
will no longer accept physical copies, contact the publisher and ask for electronic deposits. Digital copies are
such as a print copy or photocopy of replacement files. If the publisher does much easier to store and retrieve. This
each issue in the group (although, as
Pmangrum on DSK3GDR082PROD with PROPOSALS
not provide replacement files, CAD will is critical if the copyright owner or other
discussed below, newspaper publishers notify the Literary Division of the interested parties need to obtain a copy
may provide microfilm in addition to Registration Program, which will review of a particular issue for use in litigation
digital copies on a voluntary basis until that publisher’s future electronic or another legitimate purpose. The
December 31, 2019). Likewise, the submissions for similar deficiencies, current regulation assumes that a
13 Newspaper Web sites typically update their
and may refuse registration if there are complete copy of each issue will be sent
content throughout each day, but as discussed in
similar defects. If an applicant is unable to the Library on microfilm, which may
Section III.A.6, they are not eligible for the group to comply with the application be used to identify the work, if
option. requirements at the time of filing the necessary. But as discussed above, many
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![51376 Federal Register / Vol. 82, No. 213 / Monday, November 6, 2017 / Proposed Rules
applicants do not currently submit their publishers for use in their own and copyright owners from registering
newspapers on microfilm because the collections. their works with the Office, requiring
Library has not selected them for its On the other hand, the current newspaper publishers to submit their
collections. Instead, they often submit a microfilm requirement does impose a issues on microfilm may well have the
small portion of each issue, which is burden on publishers if their opposite effect. See H.R. Rep. No. 94–
permitted under the interim rule newspapers have been selected for the 1476, at 154 (1976); S. Rep. No. 94–473,
discussed in Section II. Library’s collections. This requirement at 136 (1975).
The Office recognizes that some appears to have been less burdensome
Because newspapers have turned
publishers may not have a digital copy when the newspaper group option was
increasingly to online publishing, the
of their issues or may find it difficult to adopted in 1990. At that time,
Library has been considering how to
create a digital copy for the purpose of newspaper publishers apparently hired
seeking a group registration. The Office microfilm producers to transfer paper incorporate online publishing into its
will address these concerns on a case- newspaper issues onto microfilm for collections. As part of that effort, in
by-case basis. If an applicant is unable their own archival preservation instead February 2016, the Library initiated a
to upload a particular newspaper to the of keeping physical copies. Thus, pilot project with the News Media
electronic system, the applicant may newspaper publishers were creating Alliance known as the ‘‘Newspaper
request special relief from the deposit microfilm copies in the ordinary course ePrint Technical Pilot.’’ The pilot
requirements under 37 CFR 202.20(d). of business. Some publishers offered involved collecting electronic files from
See 82 FR at 29412. copies of their microfilm to libraries and six newspapers over two phases, with
other institutions, including the Library the goal of ‘‘explor[ing] the technical
2. Microfilm Permitted, but Not feasibility of accepting electronic copies
of Congress, to offset this cost.
Required, for an Interim Period Needless to say, the newspaper of newspapers in lieu of physical
The current regulation states that the publishing industry has since changed deposits.’’ Library of Congress and News
applicant must provide the Library with dramatically, and the microfilm Media Alliance (NMA) Technical Pilot
microfilm containing a complete copy of requirement may have become more project, Report on ePrints 2 (March 4,
each issue as a condition for using the burdensome over the past twenty-five 2017). The goals of the pilot were to (i)
group registration option. As discussed years. Representatives of the newspaper explore various types of PDFs and
in more detail below, microfilm will no industry have informed the Office that metadata generated by newspaper
longer be required when the Final Rule most publishers no longer preserve their publishers, (ii) test a range of technical
goes into effect—even if the Library has works on microfilm, and instead make methods that newspaper publishers
selected that newspaper for its digital copies for archival purposes. See might use to deliver this type of content
collections. In addition to digital files, Hearing on U.S. Copyright Office: Its to the Library, and (iii) inform future
newspaper publishers may provide Functions and Resources, Before the H. decisions about recommended formats
microfilm on a voluntary basis if the Comm. on the Judiciary, 114th Cong., for group registration of newspapers. Id.
microfilm is received by December 31, 1st Sess., at 105 (2015) (statement of at 3. On March 4, 2017, the Library
2019. After that, the microfilm option Keith Kupferschmid). In addition, issued its report, ultimately concluding
will be phased out. representatives of the newspaper that ‘‘[t]he results give the team
The next few sections discuss the industry have stated that only a few confidence that ePrints could be a viable
reasons for phasing out the microfilm companies provide microfilming technical alternative to microfilm
requirement, as well as the procedure services in the United States, and there deposits for newspapers.’’ Id. at 11.
for submitting microfilm to the Office can be significant delays in producing
on a voluntary basis. b. Transitional Period for Submitting
microfilm, which often prevents
Microfilm
a. Policy Considerations Supporting the publishers from seeking registration in a
timely manner. To the extent publishers Based on the results of this pilot and
Phasing Out of the Microfilm
transfer their newspapers onto the changes in the newspaper
Requirement
microfilm, they apparently do so solely publishing industry, the Office is
Section 408(c) of the Copyright Act for the purpose of registering their proposing to eliminate the microfilm
authorizes the Register to create works with the Office (i.e., to comply requirement. Representatives of the
discretionary registration options for with the current regulatory newspaper industry have informed the
groups of related works, including the requirements for the group newspaper Office that they generally support this
applicable deposit requirements. In option). proposal. But some publishers noted
administering the group registration In addition, representatives of the that they have entered into long-term
option for newspapers, the Register newspaper industry have informed the contracts with microfilm producers that
must balance the Library’s need for Office that ‘‘many newspapers are no are still in effect. Others stated that they
microfilm deposits against the potential longer registering their works with the need time to develop internal
impact on the newspaper publishing Copyright Office because the Library procedures and quality assurance
industry. On the one hand, the requires that newspaper deposits be in testing to ensure that their submissions
microfilm requirement has benefitted microfilm format.’’ Id. at 5. The Office
contain a complete copy of each issue.
the Library and the public by providing has found evidence to support this
newspapers in a format suitable for statement. In reviewing its registration To give publishers an opportunity to
exhaust their microfilm production
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long-term preservation, and at no cost to records for fiscal years 2010 through the
the government. It benefits researchers first half of fiscal year 2015, the Office contracts, and to ease the transition to
accessing these copies at the Library or found that nearly 70% of the U.S. the new model, the Proposed Rule will
through interlibrary loan. The regulation newspapers selected for the Library’s allow newspaper publishers to submit
also creates a potential supply of collections were not registered during microfilm on a voluntary basis (in
microfilm that otherwise might not this period. Accordingly, although addition to the required digital deposits
exist, which may benefit local and group registrations are intended to for registration). Specifically, publishers
regional libraries, assuming they are reduce ‘‘unnecessary burdens and may continue to submit microfilm if the
able to purchase microfilm from expenses’’ that may discourage authors microfilm is received by December 31,
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![51380 Federal Register / Vol. 82, No. 213 / Monday, November 6, 2017 / Proposed Rules
microfilm, provided that the microfilm mandatory deposit obligation under this comments. Once submitted, comments
is received by December 31, 2019. The section. cannot be edited or removed from
issues should be arranged on the * * * * * Regulations.gov. For either manner of
microfilm in chronological order, and submission, the EPA may publish any
Dated: October 30, 2017.
should be sent to: Library of Congress, comment received to its public docket.
Sarang V. Damle,
U.S. Copyright Office, Attn: 407 Do not submit electronically any
Deposits, 101 Independence Avenue General Counsel and Associate Register of information you consider to be
Copyrights.
SE., Washington, DC 20559. confidential business information (CBI)
(7) The application, the filing fee, and [FR Doc. 2017–23917 Filed 11–3–17; 8:45 am] or other information whose disclosure is
files specified in paragraph (e)(7)(ii)(A) BILLING CODE 1410–30–P restricted by statute. Multimedia
of this section must be received by the submissions (audio, video, etc.) must be
Copyright Office within three months accompanied by a written comment.
after the date of publication for the ENVIRONMENTAL PROTECTION The written comment is considered the
earliest issue in the group. AGENCY official comment and should include
* * * * * discussion of all points you wish to
40 CFR Part 62 make. EPA will generally not consider
(m) The scope of a group registration.
When the Office issues a group [EPA–R03–OAR–2017–0484; FRL–9970–29– comments or comment contents located
registration under paragraph (e) of this Region 3] outside of the primary submission (i.e.
section, the registration covers each on the web, cloud, or other file sharing
issue in the group and each issue is Approval and Promulgation of Air system). For additional submission
registered as a separate collective work. Quality Implementation Plans; methods, please contact the person
* * * Maryland; Continuous Opacity identified in the ‘‘For Further
■ 7. Add § 202.18 to read as follows: Monitoring Requirements for Municipal Information Contact’’ section. For the
Waste Combustors full EPA public comment policy,
§ 202.18 Access to electronic works. information about CBI or multimedia
AGENCY: Environmental Protection
(a) Access to electronic works Agency (EPA). submissions, and general guidance on
received under § 202.4(e) will be making effective comments, please visit
ACTION: Proposed rule.
available only to authorized users at http://www2.epa.gov/dockets/
Library of Congress facilities in SUMMARY: The Environmental Protection commenting-epa-dockets.
accordance with the policies listed Agency (EPA) proposes to approve the FOR FURTHER INFORMATION CONTACT:
below. Library staff may access such Clean Air Act (CAA) section 111(d)/129 Emily Linn, (215) 814–5273, or by email
content off-site as part of their assigned State Plan revision submitted by the at linn.emily@epa.gov.
duties via a secure connection. State of Maryland for the purpose of SUPPLEMENTARY INFORMATION: For
(b) Access to each individual updating municipal waste combustor further information, please see the
electronic work received under (MWC) references to opacity monitor information provided in the direct final
§ 202.4(e) will be limited, at any one quality assurance and quality action, with the same title, that is
time, to two Library of Congress compliance requirements in Regulations located in the ‘‘Rules and Regulations’’
authorized users via a secure server over .07 and .08 under the Code of Maryland section of this Federal Register
a secure network that serves Library of Regulations (COMAR) 26.11.08. In the publication.
Congress facilities. Final Rules section of this Federal
(c) The Library of Congress will not Dated: October 18, 2017.
Register, EPA is approving Maryland’s
make electronic works received under Cosmo Servidio,
State Plan revision submittal as a direct
§ 202.4(e) available to the public over final rule without prior proposal Regional Administrator, Region III.
the Internet without rightsholders’ because the Agency views this as a [FR Doc. 2017–24114 Filed 11–3–17; 8:45 am]
permissions. noncontroversial submittal and BILLING CODE 6560–50–P
(d) ‘‘Authorized user’’ means Library anticipates no adverse comments. A
of Congress staff, contractors, and detailed rationale for the approval is set
registered researchers, and Members, forth in the direct final rule. If no ENVIRONMENTAL PROTECTION
staff and officers of the U.S. House of adverse comments are received in AGENCY
Representatives and the U.S. Senate for response to this action, no further
the purposes of this section. 40 CFR Part 63
activity is contemplated. If EPA receives
(e) ‘‘Library of Congress facilities’’ adverse comments, the direct final rule [EPA–HQ–OAR–2016–0442; FRL–9970–46–
means all Library of Congress facilities will be withdrawn and all public OAR]
in Washington, DC, and the Library of comments received will be addressed in
Congress Packard Campus for Audio– RIN 2060–AS92
a subsequent final rule based on this
Visual Conservation in Culpeper, VA. proposed rule. EPA will not institute a National Emission Standards for
■ 8. In § 202.19, add paragraph (d)(2)(ix) second comment period. Any parties Hazardous Air Pollutants From the
to read as follows: interested in commenting on this action Portland Cement Manufacturing
§ 202.19 Deposit of published copies or should do so at this time. Industry; Residual Risk and
DATES: Comments must be received in Technology Review
Pmangrum on DSK3GDR082PROD with PROPOSALS
phonorecords for the Library of Congress.
* * * * * writing by December 6, 2017. AGENCY: Environmental Protection
(d) * * * ADDRESSES: Submit your comments, Agency (EPA).
(2) * * * identified by Docket ID No. EPA–R03– ACTION: Extension of comment period.
(ix) In the case of published OAR–2017–0484 at http://
newspapers, a deposit submitted www.regulations.gov, or via email to SUMMARY: On September 21, 2017, the
pursuant to and in compliance with the aquino.marcos@epa.gov. For comments Environmental Protection Agency (EPA)
group registration option under submitted at Regulations.gov, follow the proposed a rule titled, ‘‘National
§ 202.4(e) shall be deemed to satisfy the online instructions for submitting Emission Standards for Hazardous Air
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Document Created: 2017-11-07 10:30:56
Document Modified: 2017-11-07 10:30:56
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of proposed rulemaking. | |
| Dates | Comments must be made in writing and must be received in the U.S. Copyright Office no later than December 6, 2017. | |
| Contact | Robert J. Kasunic, Associate Register of Copyrights and Director of Registration Policy and Practice, or Erik Bertin, Deputy Director of Registration Policy and Practice, by telephone at 202-707-8040, or by email at [email protected] and [email protected]; or Anna Bonny Chauvet, Assistant General Counsel, by telephone at 202-707-8350, or by email at [email protected] | |
| FR Citation | 82 FR 51369 | |
| 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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