82 FR 52221 - Fees for Electronic Recordation and Notices of Intention To Obtain a Compulsory License
LIBRARY OF CONGRESS
Copyright Office Federal Register Volume 82, Issue 217 (November 13, 2017)
Copyright Office
Federal Register Volume 82, Issue 217 (November 13, 2017)
| Page Range | 52221-52224 | |
| FR Document | 2017-24526 |
[Federal Register Volume 82, Number 217 (Monday, November 13, 2017)] [Rules and Regulations] [Pages 52221-52224] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-24526] ----------------------------------------------------------------------- LIBRARY OF CONGRESS Copyright Office 37 CFR Part 201 [Docket No. 2017-17] Fees for Electronic Recordation and Notices of Intention To Obtain a Compulsory License AGENCY: U.S. Copyright Office, Library of Congress. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The U.S. Copyright Office is publishing a final rule establishing a separate, lower filing fee for recording documents when they are submitted with an electronic title list. Separately, the Office is noting a policy change, effective on the same date as the final rule, to require the payment of fees for the filing of all notices of intention to obtain a compulsory license to make and distribute phonorecords, including those that are filed in the Office after failed delivery to the copyright owner. DATES: Effective December 18, 2017. FOR FURTHER INFORMATION CONTACT: Sarang V. Damle, General Counsel and Associate Register of Copyrights, by email at [email protected], or Jason E. Sloan, Attorney-Advisor, by email at [email protected]. Each can be contacted by telephone by calling (202) 707-8350. SUPPLEMENTARY INFORMATION: I. New Recordation Fee for Electronic Title Lists A. Background This final rule adjusts U.S. Copyright Office fees in accordance with 17 U.S.C. 708. Section 708(a) specifies that ``[f]ees shall be paid to the Register of Copyrights'' for services, including a set of specified services enumerated in paragraphs (1) through (11) of that subsection.\1\ This includes, as relevant here, fees for ``the recordation, as provided by section 205, of a transfer of copyright ownership or other document.'' \2\ Fees for this service and the other services specifically enumerated in section 708(a)(1)-(9) are to be set forth in a proposed schedule that is sent to Congress 120 days before the adjusted fees can take effect.\3\ The fee may go into effect after the end of that period unless ``a law is enacted stating in substance that the Congress does not approve the schedule.'' \4\ --------------------------------------------------------------------------- \1\ 17 U.S.C. 708(a). \2\ Id. at 708(a)(4). \3\ Id. at 708(b)(5). \4\ Id. Section 708(a) also authorizes the Register to fix fees for other services not enumerated in section 708(a)(1)-(9), such as the cost of preparing copies of Office records. Id. at 708(a). The fees for these additional Office services, as well as fees for the filing of cable and satellite statements of account under paragraphs (10) and (11) of section 708(a), need not be submitted to Congress, but are instead established by the Register of Copyrights by regulation based on the Office's costs. Id. --------------------------------------------------------------------------- Before proposing new fees for the services enumerated in (1) through (9), the Register must conduct a study of the Office's costs and must consider the timing of any fee adjustments and the Office's authority to use the fees consistent with the Office's budget.\5\ Section 708(b) further provides that the Register may adjust these fees to ``not more than that necessary to cover the reasonable costs incurred by the Copyright Office for . . . [such services], plus a reasonable inflation adjustment to account for any estimated increase in costs.'' \6\ Finally, section 708(b) also mandates that the ``[f]ees [so] established . . . shall be fair and equitable and give due consideration to [[Page 52222]] the objectives of the copyright system.'' \7\ --------------------------------------------------------------------------- \5\ Id. at 708(b)(1). \6\ Id. at 708(b)(2). \7\ Id. at 708(b)(4). --------------------------------------------------------------------------- B. Cost Study Pursuant to section 708, the Office submitted a proposed fee schedule and analysis to Congress on August 18, 2017.\8\ That study and this final rule implementing the fee it proposed concern a single Copyright Office service: The recording of documents accompanied by electronic title lists, i.e., lists of certain indexing information about the works to which such documents pertain.\9\ --------------------------------------------------------------------------- \8\ The study is available on the Office's Web site at https://www.copyright.gov/policy/feestudy2017/fee-study-2017.pdf. \9\ Examples of such indexing information can include the types of works, the titles of the works (including alternate titles), their respective registration numbers, and authorship information. --------------------------------------------------------------------------- Since 1870, the Copyright Office has recorded documents pertaining to works under copyright, such as assignments, licenses, and grants of security interests. Under the Copyright Act, recordation of such documents is voluntary, but provides certain legal entitlements, such as constructive notice of the facts stated in the recorded document when certain conditions are met.\10\ Thus, the Office has an important interest in ensuring that the public record of copyright transactions is as timely, complete, and accurate as possible. --------------------------------------------------------------------------- \10\ 17 U.S.C. 205(c) (``Recordation of a document in the Copyright Office gives all persons constructive notice of the facts stated in the recorded document, but only if--(1) the document, or material attached to it, specifically identifies the work to which it pertains so that, after the document is indexed by the Register of Copyrights, it would be revealed by a reasonable search under the title or registration number of the work; and (2) registration has been made for the work.''). --------------------------------------------------------------------------- In general, the recordation process is still paper based, and Office staff manually transcribe information from documents into an electronic format to permit indexing in the Office's public catalog. Among the information that must be indexed are the titles of and related information for copyrighted works associated with the document submitted for recordation, which are typically presented in a list appended to the document, referred to informally as a ``title appendix.'' A title appendix associated with a document can include hundreds, or even thousands, of titles. The manual entry of information from title appendices is a significant contributor to long processing times in the Office's Recordation Section. In 2014, to gain efficiencies, the Office promulgated a new rule permitting documents submitted for recordation to be accompanied by an electronic title list in the form of an Excel spreadsheet.\11\ Document recordation fees, however, were last adjusted before the introduction of electronic title lists. Thus, the Office has never set a separate fee for recording documents with such lists, and currently charges the same recordation fee regardless of whether the document has an electronic title list. --------------------------------------------------------------------------- \11\ See 79 FR 55633 (Sept. 17, 2014) (codified at 37 CFR 201.4(c)(4)). --------------------------------------------------------------------------- As a result, the Office's cost study proposed implementing a separate, reduced filing fee for groups of additional titles provided in an electronic title list that accompanies a document submitted for recordation. The fee adjustment implemented by this final rule only pertains to that fee. The Office is not adjusting the baseline document recordation fee of $105 at this time; that fee will remain the same for recordations made both with and without electronic title lists. Nor is the Office adjusting the fee for groups of additional titles when an electronic title list is not used. Proposals for those fees will be included in a comprehensive study of all Copyright Office costs and fees expected to be submitted to Congress next year. The fee-setting methodology employed by the study used activity- based costing principles which comply with standards set for federal managerial accounting \12\ and with guidance for fee setting as published by the Office of Management and Budget Circular A-25 Revised: User Charges,\13\ and the Government Accountability Office.\14\ Under the approach, total costs for the entire recordation function were used to develop a time-based multiplier, which was then used to calculate the cost of the individual activities for recording the information contained in electronic title lists. The total cost of completing an electronic title list transaction was determined by aggregating the cost of each individual activity. --------------------------------------------------------------------------- \12\ This includes the Federal Accounting Standards Advisory Board's Managerial Cost Accounting Concepts and Standards for the Federal Government, which promotes activity-based costing for calculating the cost of providing services. See Fed. Accounting Standards Advisory Bd., Statement of Federal Financial Accounting Standards No. 4: Managerial Cost Accounting Concepts and Standards for the Federal Government (1995). \13\ See Office of Mgmt. and Budget, Circular No. A-25 Revised: User Charges, Whitehouse.gov, http://www.whitehouse.gov/omb/circulars_a025 (last visited Aug. 13, 2017). \14\ See U.S. Gov't Accountability Office, Federal User Fees: A Design Guide (GAO-08-386SP) (2008). --------------------------------------------------------------------------- Cost studies of this type are typically retrospective, using actual data from a fiscal year that has concluded. This study used actual data from fiscal year 2016, but the methodology was applied prospectively against a planned new service. This prospective approach was used because, concurrent with the effective date of this rule, the Office is implementing a new, more efficient process for providing this service than the one currently employed. This methodology was reviewed and validated by an independent consulting firm. The new fee for documents submitted with electronic title lists to be implemented by this final rule is as follows: 1 to 50 additional titles: $60 51 to 500 additional titles: $225 501 to 1,000 additional titles: $390 1,001 to 10,000 additional titles: $555 10,001 or more additional titles: $5,550 In the analysis submitted to Congress, the Office determined that while use of electronic title lists can significantly increase the Office's processing efficiency, remitters had little incentive to use them. Thus, the Office proposed, and is now instituting, a fee for using electronic title lists that is generally lower than the current fee for recordations made without them. The lower fee is being adopted primarily to incentivize use of electronic title lists for documents with more than ten additional titles \15\ in an effort to increase administrative efficiency and to offer a less expensive avenue to obtaining the benefits of recording a document with the Copyright Office. --------------------------------------------------------------------------- \15\ Though documents with ten or fewer additional titles may be submitted with an electronic title list, the final rule will deliver fee savings to remitters where documents have more than ten additional titles. --------------------------------------------------------------------------- In considering the fairness, equity, and objectives of the copyright system, the Office believes that offering recordation services for a lower fee, where remitters have done the work to create an electronic title list, should result in a wider range of remitters submitting documents and may also result in existing remitters submitting additional or updated documents with more frequency than they might otherwise. Receipt of additional recorded documents should result in greater copyright ownership data being incorporated into the Office's records, which furthers the Office's mission and benefits the public at large. In its analysis, the Office also determined that as compared to manually indexing documents, where more titles generally means more processing time and higher costs, when an electronic title list is used, processing time is typically more constant. However, in further evaluating the fairness, equity, and objectives of the copyright system, the Office has [[Page 52223]] decided to adopt a tiered pricing structure based on the number of titles to which the document pertains. Under this scheme, larger filers submitting documents with a larger number of titles pay a higher fee for the added benefit they receive (when the fee is viewed on a per- title basis) to offset the lower total fee for smaller filers with fewer titles. The first four tiers of the proposed schedule increase incrementally based on the total number of additional titles submitted. The reason for the larger jump between the fourth and fifth tiers is because of the significant added costs to the Office to process documents with 10,000 or more titles, caused by current system limitations. The Office notes that the proposed fee schedule will be revisited as part of a comprehensive study of all Office costs and fees to be completed next year. As discussed above, the goal of the proposed fee schedule is primarily to incentivize use of electronic title lists. To do that, the proposed fee offers a discount from the ordinary recordation fee of $35 per group of ten additional titles. When the full fee study examines all Office costs and evaluates an appropriate fee to record a document without an electronic title list in light of current costs, it is possible that fee will increase, in which case it is also possible that the fee being adopted for using an electronic title list may be adjusted upward as well to ensure adequate cost recovery. C. Effective Date Congress's 120-day review period under 17 U.S.C. 708(b)(5) began after the Office submitted the proposed fee schedule and analysis on August 18, 2017. If no law is enacted stating in substance that Congress does not approve of the proposed recordation fee during such time, the fee will be instituted pursuant to this final rule, effective December 18, 2017. II. Notices of Intention Though not related to the above-discussed cost study or final rule, the Office is taking this opportunity to provide public notice that it will implement a policy change regarding fees for notices of intention to obtain a compulsory license to make and distribute phonorecords (``NOIs''). Under the Copyright Act, section 115 establishes a compulsory license, whereby anyone may make and distribute phonorecords of nondramatic musical works, subject to certain terms and conditions, and upon paying royalties when applicable. To obtain a compulsory license, a licensee must serve an NOI on the relevant copyright owner in the form and manner specified by Copyright Office regulations.\16\ --------------------------------------------------------------------------- \16\ See generally 37 CFR 201.18. --------------------------------------------------------------------------- In two circumstances, however, an NOI can be filed with the Copyright Office rather than the copyright owner. First, if the public records of the Copyright Office do not identify the copyright owner and include an address at which notice can be served, the NOI can instead be filed with the Office.\17\ These ``unidentified NOIs'' can be filed electronically or in paper hard copy, though a discounted fee is offered for electronic submissions.\18\ --------------------------------------------------------------------------- \17\ 17 U.S.C. 115(b)(1). \18\ 37 CFR 201.3(e)(1). --------------------------------------------------------------------------- Second, if the NOI is sent to the last address for the copyright owner shown by the Office's records, but is returned to the sender because the copyright owner was no longer located at that address or refused to accept delivery, the Office's regulations permit the ``original Notice as sent'' to be filed with the Office, along with a ``brief statement that the Notice was sent to the last address for the copyright owner shown by the records of the Copyright Office but was returned,'' and may also ``be accompanied by appropriate evidence that it was mailed to, or that delivery by reputable courier service was attempted at, that address.'' \19\ Typically, for these ``returned-to- sender NOIs,'' the Office receives the NOI in the original mailing envelope marked with a return to sender label. The Office does not currently have any mechanism for accepting these NOIs electronically.\20\ --------------------------------------------------------------------------- \19\ Id. Sec. 201.18(f)(2). \20\ See id. --------------------------------------------------------------------------- The Office's regulations used to explicitly state that no filing fee would be charged for returned-to-sender NOIs, while such a fee would be charged for the unidentified NOIs.\21\ But in 2001, the Office issued a notice of proposed rulemaking seeking to remove this limitation, as ``[t]he cost to the Office of processing the filing of a Notice of Intention is the same whether the copyright owner is not identified in the records of the Office or the copyright owner is no longer located at the address shown in the records of the Office or has refused to accept delivery.''\22\ The Office believed that the same filing fee ``should be charged in both cases.''\23\ The final rule, effective in 2004, adopted that proposal, repealing the regulatory language that had expressly prohibited charging a fee.\24\ Consistent with this rulemaking, the Copyright Office's fee schedule does not distinguish between different types of NOIs.\25\ --------------------------------------------------------------------------- \21\ Compare 37 CFR 201.18(e)(1) (2003) (``Notices of Intention submitted for filing shall be accompanied by the fee specified in Sec. 201.3(e).'') with id. Sec. 201.18(e)(3) (``No filing fee will be required in the case of Notices filed under this paragraph.''). \22\ 66 FR 45241, 45243 (Aug. 28, 2001); see also 69 FR 11566, 11572 (Mar. 11, 2004) (additional, related notice of proposed rulemaking reiterating that ``the Office intends to amend its rules to require a filing fee in each instance where the Notice is filed with the Copyright Office without regard to the licensee's reason for filing the Notice with the Office''). \23\ 66 FR at 45243; see also 69 FR at 11572. \24\ 69 FR 34578, 34583 (June 22, 2004). \25\ See 37 CFR 201.3(e)(1) (establishing a fee for ``[r]ecordation of a notice of intention to make and distribute phonorecords'' without differentiation). --------------------------------------------------------------------------- In practice, however, and in part due to the extremely low volume of returned-to-sender NOIs the Office received in the years following adoption of the 2004 rule, the Office abstained from imposing the established fee. In recent years, however, the volume of returned-to- sender NOIs has increased sharply. Last year the Office received over 800 such NOIs, and this year the Office has received over 2,000 to date. Each of these NOIs must be individually and manually processed. Because of this increased burden, the Office can no longer afford to forbear from the collection of fees. Accordingly, this document announces a policy change that will be implemented on December 18, 2017: Any returned-to-sender NOIs received in the Office on or after that date must be accompanied by the same filing fee applicable to other paper-filed NOIs, which is currently $75 plus $20 per group of one to ten additional titles.\26\ The Office is publicly announcing this policy change in advance to give remitters of returned-to-sender NOIs time to adjust their practices. --------------------------------------------------------------------------- \26\ See id. --------------------------------------------------------------------------- List of Subjects in 37 CFR Part 201 Copyright, General provisions. Final Regulations For the reasons set forth in the preamble, the Copyright Office amends 37 CFR part 201 as follows: PART 201--GENERAL PROVISIONS 0 1. The authority citation for part 201 continues to read as follows: Authority: 17 U.S.C. 702. 0 2. Amend Sec. 201.3 by revising paragraph (c)(16) to read as follows: Sec. 201.3 Fees for registration, recordation, and related services, special services, and services performed by the Licensing Division. * * * * * (c) * * * [[Page 52224]] ------------------------------------------------------------------------ Registration, recordation and related services Fees ($) ------------------------------------------------------------------------ * * * * * * * (16) Recordation of a document, including a notice of .............. intention to enforce Single title........................................ 105 Additional titles (per group of 1 to 10 titles)..... 35 Additional titles provided in an electronic title list 1 to 50 additional titles....................... 60 51 to 500 additional titles..................... 225 501 to 1,000 additional titles.................. 390 1,001 to 10,000 additional titles............... 555 10,001 or more additional titles................ 5,550 Correction of online Public Catalog data due to 7 erroneous electronic title submission (per title).. * * * * * * * ------------------------------------------------------------------------ * * * * * Dated: October 24, 2017. Karyn Temple Claggett, Acting Register of Copyrights and Director of the U.S. Copyright Office. Approved by: Carla D. Hayden, Librarian of Congress. [FR Doc. 2017-24526 Filed 11-9-17; 8:45 am] BILLING CODE 1410-30-P
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pertaining to a copyright’’ pursuant to including the prescribed fee and, if those that are filed in the Office after
§ 201.4, but the Office will not index the required, the statement of service, have failed delivery to the copyright owner.
document as a notice of termination. been received in the Copyright Office. DATES: Effective December 18, 2017.
(C) In any case where an author After recordation, the notice, including FOR FURTHER INFORMATION CONTACT:
agreed, prior to January 1, 1978, to a any accompanying statement, is Sarang V. Damle, General Counsel and
grant of a transfer or license of rights in returned to the sender with a certificate Associate Register of Copyrights, by
a work that was not created until on or of recordation. email at sdam@loc.gov, or Jason E.
after January 1, 1978, a notice of (4) Effect of recordation. The fact that Sloan, Attorney-Advisor, by email at
termination of a grant under section 203 the Office has recorded a notice is not jslo@loc.gov. Each can be contacted by
of title 17 may be recorded if it recites, a determination by the Office of the telephone by calling (202) 707–8350.
as the date of execution, the date on notice’s validity or legal effect. SUPPLEMENTARY INFORMATION:
which the work was created. Recordation of a notice of termination
(2) Paper submission procedure—(i) by the Copyright Office is without I. New Recordation Fee for Electronic
Process. A copy of a notice of prejudice to any party claiming that the Title Lists
termination may be submitted for legal or formal requirements for
recordation by sending it to the A. Background
effectuating termination (including the
appropriate address in § 201.1(c) or to requirements pertaining to service and This final rule adjusts U.S. Copyright
such other address as the Office may recordation of the notice of termination) Office fees in accordance with 17 U.S.C.
specify, accompanied by a cover sheet, have not been met, including before a 708. Section 708(a) specifies that ‘‘[f]ees
the statement of service, and the proper court of competent jurisdiction. shall be paid to the Register of
fee. (5) Reliance on remitter-provided Copyrights’’ for services, including a set
(ii) Cover sheet required. Submission information. The Copyright Office will of specified services enumerated in
of a copy of a notice of termination must rely on the certifications submitted with paragraphs (1) through (11) of that
be accompanied by a completed a notice and the information provided subsection.1 This includes, as relevant
Recordation Notice of Termination by the remitter on Form TCS and, if here, fees for ‘‘the recordation, as
Cover Sheet (Form TCS), available on provided by section 205, of a transfer of
provided, in an accompanying
the Copyright Office Web site. Remitters copyright ownership or other
statement of service. The Office will not
must follow all instructions provided by document.’’ 2 Fees for this service and
necessarily confirm the accuracy of such
the Office in completing Form TCS, the other services specifically
certifications or information against the
including by providing all requested enumerated in section 708(a)(1)–(9) are
submitted notice.
indexing information. Form TCS may be to be set forth in a proposed schedule
used to provide the statement of service * * * * * that is sent to Congress 120 days before
and to make any of the certifications Dated: October 25, 2017. the adjusted fees can take effect.3 The
required by this paragraph (f). Form TCS Karyn Temple Claggett, fee may go into effect after the end of
will not be considered part of the Acting Register of Copyrights and Director that period unless ‘‘a law is enacted
recorded notice, but will be used by the of the U.S. Copyright Office. stating in substance that the Congress
Office for examination, indexing, and Carla D. Hayden, does not approve the schedule.’’ 4
other administrative purposes. The Librarian of Congress. Before proposing new fees for the
Office may reject any notice submitted services enumerated in (1) through (9),
[FR Doc. 2017–24527 Filed 11–9–17; 8:45 am]
for recordation that includes an the Register must conduct a study of the
BILLING CODE 1410–30–P
improperly prepared cover sheet. Office’s costs and must consider the
(iii) Return receipt. If a remitter timing of any fee adjustments and the
includes two copies of a properly Office’s authority to use the fees
LIBRARY OF CONGRESS
completed Form TCS indicating that a consistent with the Office’s budget.5
return receipt is requested, as well as a Copyright Office Section 708(b) further provides that the
self-addressed, postage-paid envelope, Register may adjust these fees to ‘‘not
the remitter will receive a date-stamped 37 CFR Part 201 more than that necessary to cover the
return receipt attached to the extra copy reasonable costs incurred by the
acknowledging the Copyright Office’s Copyright Office for . . . [such
[Docket No. 2017–17]
receipt of the enclosed submission. The services], plus a reasonable inflation
completed copies of Form TCS and the Fees for Electronic Recordation and adjustment to account for any estimated
self-addressed, postage-paid envelope Notices of Intention To Obtain a increase in costs.’’ 6 Finally, section
must be included in the same package Compulsory License 708(b) also mandates that the ‘‘[f]ees [so]
as the submitted notice. A return receipt established . . . shall be fair and
confirms the Office’s receipt of the AGENCY: U.S. Copyright Office, Library equitable and give due consideration to
submission as of the date indicated, but of Congress.
does not establish eligibility for, or the ACTION: Final rule. 1 17 U.S.C. 708(a).
date of, recordation. 2 Id. at 708(a)(4).
(iv) Remitter certification. The SUMMARY: The U.S. Copyright Office is 3 Id. at 708(b)(5).
remitter must certify that he or she has publishing a final rule establishing a 4 Id. Section 708(a) also authorizes the Register to
appropriate authority to submit the separate, lower filing fee for recording fix fees for other services not enumerated in section
asabaliauskas on DSKBBXCHB2PROD with RULES
708(a)(1)–(9), such as the cost of preparing copies
notice for recordation and that all documents when they are submitted of Office records. Id. at 708(a). The fees for these
information submitted to the Office by with an electronic title list. Separately, additional Office services, as well as fees for the
the remitter is true, accurate, and the Office is noting a policy change, filing of cable and satellite statements of account
complete to the best of the remitter’s effective on the same date as the final under paragraphs (10) and (11) of section 708(a),
need not be submitted to Congress, but are instead
knowledge. rule, to require the payment of fees for established by the Register of Copyrights by
(3) Date of recordation. The date of the filing of all notices of intention to regulation based on the Office’s costs. Id.
recordation is the date when all of the obtain a compulsory license to make 5 Id. at 708(b)(1).
elements required for recordation, and distribute phonorecords, including 6 Id. at 708(b)(2).
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decided to adopt a tiered pricing owner in the form and manner specified same filing fee ‘‘should be charged in
structure based on the number of titles by Copyright Office regulations.16 both cases.’’23 The final rule, effective in
to which the document pertains. Under In two circumstances, however, an 2004, adopted that proposal, repealing
this scheme, larger filers submitting NOI can be filed with the Copyright the regulatory language that had
documents with a larger number of titles Office rather than the copyright owner. expressly prohibited charging a fee.24
pay a higher fee for the added benefit First, if the public records of the Consistent with this rulemaking, the
they receive (when the fee is viewed on Copyright Office do not identify the Copyright Office’s fee schedule does not
a per-title basis) to offset the lower total copyright owner and include an address distinguish between different types of
fee for smaller filers with fewer titles. at which notice can be served, the NOI NOIs.25
The first four tiers of the proposed can instead be filed with the Office.17 In practice, however, and in part due
schedule increase incrementally based These ‘‘unidentified NOIs’’ can be filed to the extremely low volume of
on the total number of additional titles electronically or in paper hard copy, returned-to-sender NOIs the Office
submitted. The reason for the larger though a discounted fee is offered for received in the years following adoption
jump between the fourth and fifth tiers electronic submissions.18 of the 2004 rule, the Office abstained
is because of the significant added costs Second, if the NOI is sent to the last from imposing the established fee. In
to the Office to process documents with address for the copyright owner shown recent years, however, the volume of
10,000 or more titles, caused by current by the Office’s records, but is returned returned-to-sender NOIs has increased
system limitations. to the sender because the copyright sharply. Last year the Office received
The Office notes that the proposed fee owner was no longer located at that over 800 such NOIs, and this year the
schedule will be revisited as part of a address or refused to accept delivery, Office has received over 2,000 to date.
comprehensive study of all Office costs the Office’s regulations permit the Each of these NOIs must be individually
and fees to be completed next year. As ‘‘original Notice as sent’’ to be filed with and manually processed. Because of this
discussed above, the goal of the the Office, along with a ‘‘brief statement increased burden, the Office can no
proposed fee schedule is primarily to that the Notice was sent to the last longer afford to forbear from the
incentivize use of electronic title lists. address for the copyright owner shown collection of fees. Accordingly, this
To do that, the proposed fee offers a by the records of the Copyright Office document announces a policy change
discount from the ordinary recordation but was returned,’’ and may also ‘‘be that will be implemented on December
fee of $35 per group of ten additional accompanied by appropriate evidence 18, 2017: Any returned-to-sender NOIs
titles. When the full fee study examines that it was mailed to, or that delivery by received in the Office on or after that
all Office costs and evaluates an reputable courier service was attempted date must be accompanied by the same
appropriate fee to record a document at, that address.’’ 19 Typically, for these filing fee applicable to other paper-filed
without an electronic title list in light of ‘‘returned-to-sender NOIs,’’ the Office NOIs, which is currently $75 plus $20
current costs, it is possible that fee will receives the NOI in the original mailing per group of one to ten additional
increase, in which case it is also envelope marked with a return to sender titles.26 The Office is publicly
possible that the fee being adopted for label. The Office does not currently announcing this policy change in
using an electronic title list may be have any mechanism for accepting these advance to give remitters of returned-to-
adjusted upward as well to ensure NOIs electronically.20 sender NOIs time to adjust their
adequate cost recovery. The Office’s regulations used to practices.
C. Effective Date explicitly state that no filing fee would
be charged for returned-to-sender NOIs, List of Subjects in 37 CFR Part 201
Congress’s 120-day review period while such a fee would be charged for Copyright, General provisions.
under 17 U.S.C. 708(b)(5) began after the the unidentified NOIs.21 But in 2001,
Office submitted the proposed fee Final Regulations
the Office issued a notice of proposed
schedule and analysis on August 18, rulemaking seeking to remove this For the reasons set forth in the
2017. If no law is enacted stating in limitation, as ‘‘[t]he cost to the Office of preamble, the Copyright Office amends
substance that Congress does not processing the filing of a Notice of 37 CFR part 201 as follows:
approve of the proposed recordation fee Intention is the same whether the
during such time, the fee will be copyright owner is not identified in the PART 201—GENERAL PROVISIONS
instituted pursuant to this final rule, records of the Office or the copyright
effective December 18, 2017. ■ 1. The authority citation for part 201
owner is no longer located at the continues to read as follows:
II. Notices of Intention address shown in the records of the
Office or has refused to accept Authority: 17 U.S.C. 702.
Though not related to the above-
delivery.’’22 The Office believed that the ■ 2. Amend § 201.3 by revising
discussed cost study or final rule, the
paragraph (c)(16) to read as follows:
Office is taking this opportunity to 16 See generally 37 CFR 201.18.
provide public notice that it will 17 17 U.S.C. 115(b)(1). § 201.3 Fees for registration, recordation,
implement a policy change regarding 18 37 CFR 201.3(e)(1). and related services, special services, and
fees for notices of intention to obtain a 19 Id. § 201.18(f)(2). services performed by the Licensing
compulsory license to make and 20 See id. Division.
distribute phonorecords (‘‘NOIs’’). 21 Compare 37 CFR 201.18(e)(1) (2003) (‘‘Notices * * * * *
Under the Copyright Act, section 115 of Intention submitted for filing shall be (c) * * *
asabaliauskas on DSKBBXCHB2PROD with RULES
establishes a compulsory license, accompanied by the fee specified in § 201.3(e).’’)
with id. § 201.18(e)(3) (‘‘No filing fee will be
whereby anyone may make and required in the case of Notices filed under this regard to the licensee’s reason for filing the Notice
distribute phonorecords of nondramatic paragraph.’’). with the Office’’).
23 66 FR at 45243; see also 69 FR at 11572.
musical works, subject to certain terms 22 66 FR 45241, 45243 (Aug. 28, 2001); see also
24 69 FR 34578, 34583 (June 22, 2004).
and conditions, and upon paying 69 FR 11566, 11572 (Mar. 11, 2004) (additional,
25 See 37 CFR 201.3(e)(1) (establishing a fee for
related notice of proposed rulemaking reiterating
royalties when applicable. To obtain a that ‘‘the Office intends to amend its rules to ‘‘[r]ecordation of a notice of intention to make and
compulsory license, a licensee must require a filing fee in each instance where the distribute phonorecords’’ without differentiation).
serve an NOI on the relevant copyright Notice is filed with the Copyright Office without 26 See id.
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![52224 Federal Register / Vol. 82, No. 217 / Monday, November 13, 2017 / Rules and Regulations
Fees
Registration, recordation and related services ($)
* * * * * * *
(16) Recordation of a document, including a notice of intention to enforce ........................
Single title ..................................................................................................................................................................................... 105
Additional titles (per group of 1 to 10 titles) ................................................................................................................................. 35
Additional titles provided in an electronic title list
1 to 50 additional titles .......................................................................................................................................................... 60
51 to 500 additional titles ...................................................................................................................................................... 225
501 to 1,000 additional titles ................................................................................................................................................. 390
1,001 to 10,000 additional titles ............................................................................................................................................ 555
10,001 or more additional titles ............................................................................................................................................. 5,550
Correction of online Public Catalog data due to erroneous electronic title submission (per title) ............................................... 7
* * * * * * *
* * * * * questionnaire. If, based on the answers Office Web site at http://copyright.gov/
Dated: October 24, 2017. to the questionnaire, the test items rulemaking/securetests/. If electronic
Karyn Temple Claggett,
appear to be eligible for the group submission of comments is not feasible
registration option, the Office will due to lack of access to a computer and/
Acting Register of Copyrights and Director
of the U.S. Copyright Office.
contact the applicant and schedule an or the internet, please contact the Office
appointment to deliver these materials for special instructions using the contact
Approved by: to the Office in person. On the information below.
Carla D. Hayden, appointed date, the applicant must FOR FURTHER INFORMATION CONTACT:
Librarian of Congress. bring a copy of the application and a Robert J. Kasunic, Associate Register of
[FR Doc. 2017–24526 Filed 11–9–17; 8:45 am] complete unredacted copy of the actual Copyrights and Director of Registration
BILLING CODE 1410–30–P
test items. In addition, the applicant Policy and Practice; Sarang Vijay Damle,
must bring a redacted copy of the test General Counsel and Associate Register
items, and a signed declaration of Copyrights; Erik Bertin, Deputy
LIBRARY OF CONGRESS confirming that this copy is identical to Director of Registration Policy and
the redacted copy that was uploaded to Practice; or Abioye Ella Mosheim,
Copyright Office the electronic registration system. The Attorney-Advisor, by telephone at 202–
Office will examine each test item to 707–8040 or by email at rkas@loc.gov,
37 CFR Part 202 determine if it contains sufficient sdam@loc.gov, ebertin@loc.gov, and
[Docket No. 2017–8] copyrightable authorship. If the Office abmo@loc.gov.
registers the claim, the registration will SUPPLEMENTARY INFORMATION:
Secure Tests cover each test item as a separate work
of authorship, and the registration will I. Background
AGENCY: U.S. Copyright Office, Library be effective as of the date the Office
of Congress. A. General Provisions Regarding
initially received the application, filing Copyright Registration
ACTION: Interim rule with request for fee, and the redacted copy of the test
comments. items in proper form through the Under the Copyright Act of 1976, the
electronic registration system. To be U.S. Copyright Office (the ‘‘Copyright
SUMMARY: The U.S. Copyright Office is Office’’ or ‘‘Office’’) is responsible for
clear, the previous interim rule
issuing an update to its interim rule, registering copyright claims. See 17
otherwise remains in effect, and
issued June 12, 2017, governing U.S.C. 408. In doing so, the Office has
applicants may continue to use that rule
registration of secure tests. Based on the a statutory obligation to confirm that the
to register individual secure tests. The
initial comments received on that legal and formal requirements for
Office welcomes public comment on
interim rule, the Office has determined registration have been met, such as
both this interim rule and the June 12,
that there is an immediate need to confirming fixation and examining the
2017 interim rule.
establish a new group registration work for copyrightable authorship. See
option for secure test questions and DATES: Effective November 13, 2017. 17 U.S.C. 410(a) (obligating the Register
answers and other related materials Comments on this interim rule and the of Copyrights (the ‘‘Register’’) ‘‘after
(referred to as ‘‘test items’’) that are interim rule published on June 12, 2017 examination’’ to ‘‘determine[ ] that . . .
stored in an electronic database, test (82 FR 26850), must be made in writing the material deposited constitutes
bank, or other medium of expression. and must be received by the U.S. copyrightable subject matter and that
This interim rule incorporates most of Copyright Office no later than December the other legal and formal requirements
the same procedures that the Office 11, 2017. of this title have been met’’).
adopted in its recent interim rule on ADDRESSES: For reasons of government The Office has the further obligation
asabaliauskas on DSKBBXCHB2PROD with RULES
secure tests and adds additional efficiency, the U.S. Copyright Office is to obtain a registration deposit that is
procedures for group registration. To using the regulations.gov system for the sufficient to verify the scope of the
seek a group registration, applicants will submission and posting of public claim, and to provide an adequate
be required to submit an online comments in this proceeding. All archival record of what was examined
application, upload a redacted copy of comments are therefore to be submitted and registered. Id. 408(b) (generally
the individual test items to the electronically through regulations.gov. requiring a ‘‘complete’’ copy of works
electronic registration system, and Specific instructions for submitting deposited for registration); id. 705(a)
complete and submit a brief comments are on the U.S. Copyright (requiring the Register to ‘‘ensure that
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Document Created: 2017-11-10 01:18:10
Document Modified: 2017-11-10 01:18:10
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective December 18, 2017. | |
| Contact | Sarang V. Damle, General Counsel and Associate Register of Copyrights, by email at [email protected], or Jason E. Sloan, Attorney-Advisor, by email at [email protected] Each can be contacted by telephone by calling (202) 707-8350. | |
| FR Citation | 82 FR 52221 | |
| CFR Associated | Copyright and General Provisions |
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