82 FR 9354 - Copyright Office Technical Amendments
LIBRARY OF CONGRESS
Copyright Office Federal Register Volume 82, Issue 23 (February 6, 2017)
Copyright Office
Federal Register Volume 82, Issue 23 (February 6, 2017)
| Page Range | 9354-9366 | |
| FR Document | 2016-29625 |
[Federal Register Volume 82, Number 23 (Monday, February 6, 2017)] [Rules and Regulations] [Pages 9354-9366] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-29625] ======================================================================= ----------------------------------------------------------------------- LIBRARY OF CONGRESS Copyright Office 37 CFR Parts 201, 202, 203, 204, 205, 210, 211, 212, 253, 254, 255, 256, 258, 260, 261, 262, 263, and 270 [Docket No. 2016-5] Copyright Office Technical Amendments AGENCY: U.S. Copyright Office, Library of Congress. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The U.S. Copyright Office is amending its regulations governing registration, recordation, licensing, and other services that the Office provides. The amendments will improve the quality of the Office's regulations by updating cross-references to the Copyright Act and the Office's regulations, replacing outdated terminology, reflecting structural changes to the Office and its senior management, eliminating expired or obsolete provisions, and correcting nonsubstantive errors. DATES: Effective March 8, 2017. FOR FURTHER INFORMATION CONTACT: Sarang V. Damle, General Counsel and Associate Register of Copyrights, sdam@loc.gov; Regan A. Smith, Deputy General Counsel, resm@loc.gov; or Erik Bertin, Deputy Director of Registration Policy and Practice, ebertin@loc.gov. Each person can be reached by telephone at 202-707-8040. SUPPLEMENTARY INFORMATION: I. Background On October 3, 2016, the U.S. Copyright Office (``Office'') published a Notice of Proposed Rulemaking (``NPRM'') setting forth proposed regulatory amendments designed to improve the quality of the Office's [[Page 9355]] regulations through several technical amendments. 81 FR 67940. No comments were received in response to the NPRM. II. Final Rule There was no opposition to the proposed rule. Accordingly, the proposed rule is adopted with the following technical revisions made to reflect subsequent developments made after publication of the NPRM. Since issuing the NPRM, the Copyright Office created the position of the Chief Financial Officer (``CFO''), a senior staff position that serves under the Register and oversees all financial, budgetary, and procurement activities for the Copyright Office. The final rule reflects this addition to the Office's senior staff by adding the title and description of the CFO to 37 CFR 203.3(i) and revising the description of the Office of the Chief of Operations in 37 CFR 203.3(b). The final rule also contains two deletions to the regulations of the former Copyright Arbitration Royalty Panel (``CARP'') found in subchapter B of the Copyright Office's regulations. The NPRM removed all of the CARP regulations, with the exception of the two sections governing legacy royalty rates and terms under the cable compulsory license in 37 CFR part 256 and legacy royalty rates and terms for coin- operated phonorecords in 37 CFR part 251. See 81 FR 67940, 67942. Between publication of the NPRM and this final rule, the Copyright Royalty Board, the royalty tribunal that replaced the CARP, relocated the regulations governing both of these sections. See 81 FR 62812, 62813 (Sept. 13, 2016) and 37 CFR part 387 (cable compulsory license); 81 FR 83141 (Nov. 21, 2016) and 37 CFR part 388 (coin-operated phonorecord player compulsory license). Since the Copyright Royalty Board has relocated these provisions, parts 254 and 256 can now be removed from the former Copyright Arbitration Royalty Panel Rules and Procedures and reserved, which finalizes removal and reservation subchapter B of chapter II of title 37 of the CFR. The final rule also amends 37 CFR 202.3(b)(2)(i) to remove the reference to submission of registration applications ``through the Copyright Office Web site [copyright.gov],'' to accommodate applications by electronic submissions that do not use the Copyright Office Web site. Additionally, the final rule removes two cross- references to 37 CFR 201.9, which is being removed and reserved. * * * * * List of Subjects 37 CFR Part 201 Copyright, General provisions. 37 CFR Part 202 Copyright, Preregistration and registration of claims to copyright. 37 CFR Part 203 Freedom of information. 37 CFR Part 204 Privacy. 37 CFR Part 205 Legal processes. 37 CFR Part 210 Copyright, Phonorecords, Recordings. 37 CFR Part 211 Mask work. 37 CFR Part 212 Design, Vessel hulls, Registration. 37 CFR Part 253 Copyright, Public broadcasting entities, Radio, Television. 37 CFR Part 254 Copyright, Jukeboxes. 37 CFR Part 255 Copyright, Music, Recordings. 37 CFR Part 256 Copyright, Cable television. 37 CFR Part 258 Copyright, Satellite, Rates. 37 CFR Parts 260 Through 263 Copyright, Digital audio transmissions, Performance right, Sound recordings. 37 CFR part 270 Copyright, Sound recordings. Final Regulations 0 For the reasons set forth in the preamble, the Copyright Office amends 37 CFR parts 201, 202, 203, 204, 205, 210, 211, 212, 253, 254, 255, 256, 258, 260, 261, 262, 263, and 270 as follows: PART 201--GENERAL PROVISIONS 0 1. The authority citation for part 201 continues to read as follows: Authority: 17 U.S.C. 702. Sec. 201.1 [Amended] 0 2. Amend Sec. 201.1 as follows: 0 a. In paragraph (a), remove ``on-site deliveries from commercial and private couriers'' and add in its place ``direct deliveries from commercial couriers and messengers'' and remove ``Web site'' and add in its place ``website'' each place it appears. 0 b. In paragraph (b)(2): 0 i. Remove ``20559'' and add in its place ``20559-6000''. 0 ii. Remove the term ``Hull'' from the ``Type of submission'' column of the table and remove the term ``AD'' from the ``Code'' column of the table and add in its place the term ``CAD/AD''. 0 c. In paragraph (c)(1), remove ``Information and Records Division'' and add in its place ``Office of Public Information and Education''. 0 d. In paragraph (c)(2), remove ``Sections'' and add in its place ``sections''. 0 e. In paragraph (c)(4), remove ``hull'' and add in its place ``design''. 0 f. In paragraph (c)(5), remove ``Records Research and Certification,'' and add in its place ``Records Research and Certification Section,''. 0 g. In paragraphs (c)(6) and (7), remove ``Section'' and add in its place ``section''. 0 h. In paragraph (c)(7), remove ``Ave.'' and add in its place ``Avenue''. 0 3. Amend Sec. 201.2 as follows: 0 a. In paragraph (b)(1), remove ``Certifications and Documents Section'' and add in its place ``Records Research and Certification Section''. 0 b. In paragraph (b)(3) introductory text, remove ``Information and Records Division'' and add in its place ``Office of Public Information and Education''. 0 c. In paragraph (b)(3)(i)(C), remove ``the remitter'' and add in its place ``the applicant or remitter''. 0 d. Redesignate paragraphs (b)(4)(i) and (ii) as paragraphs (b)(4)(i)(A) and (B), redesignate the introductory text of paragraph (b)(4) as paragraph (b)(4)(i), and designate the undesignated text preceding paragraph (b)(5) as paragraph (b)(4)(ii). 0 e. In newly redesignated paragraph (b)(4)(i) introductory text, remove the phrase ``that were submitted within the twelve month period immediately preceding the request for access''. 0 f. In newly redesignated paragraph (b)(4)(ii), remove ``Copyright Information'' and add in its place ``Records Research and Certification''. 0 g. Revise paragraph (b)(7). 0 h. In paragraph (d)(1)(iv), remove ``Certifications'' and add in its place ``Certification''. The revision reads as follows: Sec. 201.2 Information given by the Copyright Office. * * * * * (b) * * * (7) The Register of Copyrights has issued an administrative manual known as the Compendium of U.S. Copyright [[Page 9356]] Office Practices, Third Edition. The Compendium explains many of the practices and procedures concerning the Office's mandate and statutory duties under title 17 of the United States Code. It is both a technical manual for the Copyright Office's staff, as well as a guidebook for authors, copyright licensees, practitioners, scholars, the courts, and members of the general public. The Third Edition and prior editions of the Compendium may be viewed, downloaded, or printed from the Office's website. They are also available for public inspection and copying in the Records Research and Certification Section. * * * * * Sec. 201.3 [Amended] 0 4. Amend Sec. 201.3 as follows: 0 a. In paragraph (c)(3), remove ``predominately'' and add in its place ``predominantly''. 0 b. In paragraph (c)(9), remove the period from the end of the first line and add in its place a colon and remove ``$130'' and add in its place ``130''. 0 c. In paragraph (c)(11), remove ``hull'' and add in its place ``design''. 0 d. In the heading of paragraph (d), remove ``Service Fees'' and add in its place ``service fees''. 0 e. In paragraph (d)(6), remove the period from the end of the term ``Variable'' in the ``Fees ($)'' column of the table. 0 f. In the first column heading of the table in paragraph (e), remove ``division'' and add in its place ``Division''. 0 g. Remove paragraph (e)(3). 0 h. Redesignate paragraphs (e)(4) through (8) as paragraphs (e)(3) through (7), respectively. Sec. 201.4 [Amended] 0 5. Amend Sec. 201.4 as follows: 0 a. In the introductory text of paragraph (a)(1), remove ``, as amended by Pub. L. 94-553''. 0 b. Remove paragraph (a)(1)(iv). 0 c. Redesignate paragraphs (a)(1)(v) and (vi) as paragraphs (a)(1)(iv) and (v), respectively. 0 d. In paragraph (a)(2), remove ``, as amended by Pub. L. 94-553''. 0 e. In paragraph (a)(3)(ii), remove ``or'' and add in its place ``of''. 0 f. In paragraph (b), remove ``Web site'' and add in its place ``website''. 0 g. In paragraph (c)(4)(ii)(D)(4), remove ``a two- or three-letter'' and add in its place ``a one-, two-, or three-letter''. 0 h. In paragraph (c)(4)(iii), add a period after ``Public Catalog'' and remove ``and the remitter'' and add in its place ``The remitter''. 0 i. In paragraph (e), remove ``record'' and add in its place ``recordation''. Sec. 201.5 [Amended] 0 6. Amend Sec. 201.5 as follows: 0 a. In paragraphs (a)(1) introductory text, (a)(1)(i)(A) and (a)(1)(ii), remove ``, as amended by Pub. L. 94-553''. 0 b. In paragraph (b)(2)(i), remove the semicolon from the end of the paragraph and add in its place a period. 0 c. In paragraph (b)(2)(iii)(B), remove ``; and'' and add in its place a period. 0 d. In paragraph (c)(2), remove ``Web site'' and add in its place ``website''. Sec. 201.6 [Amended] 0 7. Amend Sec. 201.6 as follows: 0 a. In paragraph (a), remove ``Register of Copyrights'' from the first sentence and add in its place ``U.S. Copyright Office''. 0 b. In paragraph (b)(3), remove the last sentence. 0 c. In paragraph (c)(1), remove ``hulls'' from the first sentence and add in its place ``designs''. 0 d. In paragraphs (c)(1) and (2), remove the phrase ``, and refunds of less than $2 may be made in postage stamps''. 0 e. In paragraph (c)(3), remove the comma after the term ``Records'' in the last sentence. 0 f. In paragraph (d), remove ``transferred for the'' and add in its place ``transferred for use in the''. Sec. 201.7 [Amended] 0 8. Amend Sec. 201.7 as follows: 0 a. In paragraph (c)(1), remove ``de minimis'' from the first sentence and add in its place ``insufficiently creative'' and remove ``not in accordance with title 17 U.S.C., Chapters 1 through 8'' from the last sentence and add in its place ``not in accordance with U.S. copyright law''. 0 b. In paragraph (c)(2), remove ``remitter'' and add in its place ``applicant''. 0 c. In paragraph (d), remove ``remitter'' from the first sentence and add in its place ``applicant''. Sec. 201.8 [Amended] 0 9. Amend Sec. 201.8 as follows: 0 a. In paragraphs (c)(1) introductory text and (c)(1)(i), remove ``claimant'' and add in its place ``applicant'' each place it appears. 0 b. In paragraph (d), remove ``certificate or registration'' and add in its place ``certificate of registration''. 0 c. In paragraphs (f)(2) and (3), remove ``mail'' and add in its place ``Mail''. 0 d. In paragraph (g), remove ``one of the addresses specified in Sec. 201.1'' and add in its place ``the address specified in Sec. 201.1(c)(1)''. Sec. 201.9 [Removed and Reserved] 0 10. Remove and reserve Sec. 201.9. Sec. 201.10 [Amended] 0 11. Amend Sec. 201.10 as follows: 0 a. In the introductory text, remove ``sections 203, 304(c) and 304(d) of title 17, of the United States Code'' and add in its place ``17 U.S.C. 203, 304(c), and 304(d)''. 0 b. In paragraphs (b)(1) introductory text, remove ``sections 304(c) and 304(d) of title 17, U.S.C.,'' and add in its place ``17 U.S.C. 304(c) and 304(d)''. 0 c. In paragraph (b)(1)(vii)(B), remove ``section 304 of title 17, U.S.C.,'' and add in its place ``17 U.S.C. 304''. 0 d. In paragraph (b)(2) introductory text, remove ``section 203 of title 17, U.S.C.,'' and add in its place '' 17 U.S.C. 203''. 0 e. In paragraph (b)(2)(vii)(B), remove ``section 203 of title 17, U.S.C.'' and add in its place ``17 U.S.C. 203''. 0 f. In paragraph (c)(2), remove ``section 304(c) or section 304(d), whichever applies, of title 17, U.S.C.'' and add in its place ``17 U.S.C. 304(c) or 304(d), whichever applies''. 0 g. In paragraph (c)(3), remove ``section 203 of title 17, U.S.C.'' and add in its place ``17 U.S.C. 203''. 0 h. In paragraph (d)(1), remove ``first-class'' and add in its place ``first class''. 0 i. In paragraph (d)(2), remove ``section 203, section 304(c) or section 304(d) of title 17, U.S.C.'' and add in its place ``17 U.S.C. 203, 304(c), or 304(d)''. 0 j. In paragraph (d)(3), remove ``reasonable investigation'' and add in its place ``reasonable investigation'' and remove the quotation marks from around the words ``reasonable investigation''. 0 k. In paragraph (d)(4), remove ``section 203, section 304(c), or section 304(d) of title 17, U.S.C.'' and add in its place ``17 U.S.C. 203, 304(c), or 304(d)''. 0 l. In paragraph (e)(1), remove ``section 203, section 304(c), or section 304(d) of title 17, U.S.C.'' and add in its place ``17 U.S.C. 203, 304(c), or 304(d)''. 0 m. In paragraph (f)(1) introductory text, remove ``paragraph (2) of this paragraph (f)'' and add in its place ``paragraph (f)(2) of this section''. 0 n. In paragraph (f)(1)(ii), remove ``first-class'' and add in its place ``first class''. 0 o. In paragraph (f)(3), remove ``record'' and add in its place ``recordation''. 0 p. In paragraph (f)(4), remove ``section 203(a)(3) or section 304(c)(3), as applicable, of title 17, United States Code'' and add in its place ``17 U.S.C. 203(a)(3) or 304(c)(3), whichever applies'' and remove ``Sec. 201.4(c)(3)'' and add in its place ``Sec. 201.4''. 0 q. In paragraph (f)(7), remove ``Sec. 201.1'' and add in its place ``Sec. 201.1(c)(2)''. [[Page 9357]] Sec. 201.11 [Amended] 0 12. Amend Sec. 201.11 as follows: 0 a. In paragraph (a), remove ``section 119(b)(1) and Section 122(a) of title 17 of the United States Code, as amended by Pub. L. No. 111-175'' and add in its place ``17 U.S.C. 119(b)(1), as amended by Public Law 111-175'', remove ``that'' and add in its place ``for'', and add the term ``to'' after the phrase ``private home viewing''. 0 b. In paragraph (b)(1), remove ``and'' and add in its place ``and'', remove ``Section 119(d) of title 17 of the United States Code, as amended by Pub. L. No. 111-175'' and add in its place ``17 U.S.C. 119(d), as amended by Public Law 111-175''. 0 c. In paragraph (c)(1), remove ``section 119(b)(1)(B) and (c)(3) of title 17'' and add in its place ``17 U.S.C. 119(b)(1)(B)'' and remove ``not later than'' and add in its place ``no later than'' each place it appears. 0 d. In paragraph (d)(1), remove the term ``U.S.'', and remove ``free upon request. Requests may be mailed to the address specified in Sec. 201.1'' and add in its place ``free from the Copyright Office website''. 0 e. In paragraph (d)(2), remove ``Statement of Account for Secondary Transmissions by Satellite Carriers to Home Viewers'' and add in its place ``Form SC (Statement of Account for Secondary Transmissions by Satellite Carriers of Distant Television Signals)''. 0 f. In paragraphs (e)(6) and (7), remove ``Sec. 258.3'' and add in its place ``Sec. 386.2''. 0 g. In paragraph (h)(3)(i), remove the second sentence and add in its place ``Telephone or similar unsigned requests that meet these conditions may be permitted, where a follow-up written request detailing the same information is received by the Copyright Office within fourteen days after the required thirty-day period.''. 0 h. In paragraph (h)(3)(ii), remove the semicolon from the end of the paragraph and add in its place a period. 0 i. In paragraph (h)(3)(iii)(A), remove the colon from the end of the paragraph and add in its place ``; or''. Sec. 201.12 [Amended] 0 13. Amend Sec. 201.12 as follows: 0 a. In paragraph (a) introductory text, remove ``section 111(e)(2) of title 17 of the United States Code as amended by Pub. L. 94-553'' and add in its place ``17 U.S.C. 111(e)(2)''. 0 b. In paragraph (b), remove ``Sec. 201.3'' and add in its place ``Sec. 201.3(e)''. 0 c. In paragraph (c), remove ``record'' from the last sentence and add in its place ``recordation''. Sec. 201.13 [Amended] 0 14. Amend Sec. 201.13 as follows: 0 a. In paragraph (a)(1), remove ``section 110(4) of title 17 of the United States Code as amended by Pub. L. 94-553'' and add in its place ``17 U.S.C. 110(4)''. 0 b. In paragraph (d)(3), remove ``a telegram'' and add in its place ``an email, fax,'' and remove the word ``said''. 0 c. In paragraph (e)(2)(iii), remove ``Telegram, cablegram,'' and add in its place ``Email, fax,''. Sec. 201.14 [Amended] 0 15. Amend Sec. 201.14 as follows: 0 a. In paragraphs (a)(1) and (2), remove ``as amended by Pub. L. 94- 553''. 0 b. In paragraph (c)(2), remove ``8'' and add in its place ``eight''. Sec. 201.15 [Added and Reserved] 0 16. Add and reserve Sec. 201.15. Sec. 201.16 [Amended] 0 17. Amend Sec. 201.16 by removing paragraph (c)(7). 0 18. Amend Sec. 201.17 as follows: 0 a. In paragraph (a), remove ``Coypright'' and add in its place ``Copyright'' and remove ``section 111(d)(2) of title 17 of the United States Code'' and add in its place ``17 U.S.C. 111(d)(1)''. 0 b. In paragraph (b)(1), remove ``Gross receipts for the'' and add in its place ``Gross receipts for the''. 0 c. In paragraph (b)(2), remove ``Sec. 201.17 of'' each place it appears and remove ``section, shall be'' and add in its place ``section shall be''. 0 d. In paragraph (b)(5), remove ``Section 111(f) of title 17 of the United States Code, as amended by Pub. L. No. 94-553, Pub. L. No. 103- 369, and Pub. L. No. 111-175'' and add in its place ``17 U.S.C. 111(f), as amended by Public Laws 94-553, 103-369, and 111- 175''. 0 e. In paragraph (b)(7), remove ``translator station is,'' and add in its place ``translator station is''. 0 f. In paragraph (b)(9), remove ``FCC'', '' and add in its place ``FCC,'' ''. 0 g. Revise paragraph (c)(1). 0 h. In paragraph (d)(1), remove the term ``U.S.'', and remove ``upon request. Requests may be mailed to the address specified in Sec. 201.1'' and add in its place ``from the Copyright Office website''. 0 i. In paragraph (e)(5)(iii), add a period to the end of the sentence. 0 j. Revise paragraph (e)(7) and remove the undesignated paragraph following paragraph (e)(7). 0 k. Revise paragraph (f)(3). 0 l. Remove paragraph (i)(1)(vi). 0 m. Revise paragraph (i)(3). 0 n. Remove paragraphs (i)(4) and (5). 0 o. Redesignate paragraphs (i)(6) through (10) as paragraphs (i)(4) through (8), respectively. 0 p. In paragraph (m)(2)(i), remove the semicolon and add in its place ``; or''. 0 q. In paragraph (m)(2)(ii), remove ``; or'' and add a period in its place. 0 r. Remove paragraph (m)(2)(iii). 0 s. In paragraph (m)(4)(i), remove the second sentence and add in its place ``Telephone or similar unsigned requests that meet these conditions may be permitted, where a follow-up written request detailing the same information is received by the Copyright Office within fourteen days after the required sixty-day period.'' 0 t. In paragraph (m)(4)(ii), remove the semicolon from the end of the paragraph and add in its place a period. 0 u. In paragraph (m)(4)(iii)(B), remove the semicolon from the end of the paragraph and add in its place a period. 0 v. Remove paragraph (m)(4)(iii)(C). 0 w. In paragraph (m)(4)(iv)(A), remove the phrase ``(except those filed under paragraph (m)(2)(iii) of this section)'' and remove the period from the end of the paragraph and add in its place ``; and''. 0 x. In paragraph (m)(4)(iv)(B), remove the comma after the phrase ``this paragraph (m)''. The revisions read as follows: Sec. 201.17 Statements of Account covering compulsory licenses for secondary transmissions by cable systems. * * * * * (c) * * * (1) Statements of Account shall cover semiannual accounting periods of January 1 through June 30, and July 1 through December 31, and shall be deposited in the Copyright Office, together with the total royalty fee for such accounting periods as prescribed by 17 U.S.C. 111(d)(1)(B) through (F), by no later than the immediately following August 29, if the Statement of Account covers the January 1 through June 30 accounting period, and by no later than the immediately following March 1, if the Statement of Account covers the July 1 through December 31 accounting period. (e) * * * (7) The designation ``Gross Receipts'', followed by the gross amount paid to the cable system by subscribers for the basic service of providing secondary transmissions of primary broadcast transmissions during the period covered by the Statement of Account. (i) If the cable system maintains its revenue accounts on an accrual basis, gross receipts for any accounting period includes all such amounts accrued for secondary transmission service furnished during that period, regardless of when accrued: [[Page 9358]] (A) Less the amount of any bad debts actually written-off during that accounting period; (B) Plus the amount of any previously written-off bad debts for secondary transmission service which were actually recovered during that accounting period. (ii) If the cable system maintains its revenue accounts on a cash basis, gross receipts of any accounting period includes all such amounts actually received by the cable system during that accounting period. * * * * * (f) * * * (3) In computing the DSE of a primary transmitter in a particular case of carriage on or after July 1, 1981, the cable system may make no prorated adjustments other than those specified in 17 U.S.C. 111(f)(5)(B), and which remain in force under that provision. Two prorated adjustments, as prescribed in that section, are permitted under certain conditions where: (i) A station is carried on a part-time basis where full-time carriage is not possible because the cable system lacks the activated channel capacity to retransmit on a full-time basis all signals which it is authorized to carry; and (ii) A station is carried on a ``substitute'' basis under rules, regulations, or authorizations of the FCC in effect on October 19, 1976 (as defined in 17 U.S.C. 111(f)(5)(B)(ii)), which permitted a cable system, at its election, to omit the retransmission of a particular program and substitute another program in its place. * * * * * (i) * * * (3) It shall be presumed that the 3.75% rate of 37 CFR 308.2(c) applies to DSEs accruing from newly added distant signals, carried for the first time by a cable system after June 24, 1981. The presumption of this section can be rebutted in whole or in part: (i) By actual carriage of a particular distant signal prior to June 25, 1981, as reported in Statements of Account duly filed with the Copyright Office (``actual carriage''), unless the prior carriage was not permitted by the FCC; or (ii) By carriage of no more than the number of distant signals which was or would have been allotted to the cable system under the FCC's quota for importation of network and nonspecialty independent stations (47 CFR 76.59(b), 76.61(b) and (c), and 76.63, referring to Sec. 76.61(b) and (c), in effect on June 24, 1981). * * * * * Sec. 201.18 [Amended] 0 19. Amend 201.18 as follows: 0 a. In paragraph (a)(2), remove ``his'' and add in its place ``the''. 0 b. In paragraph (a)(4) introductory text, remove ``subparagraphs (ii) and (iii)'' and add in its place ``paragraphs (a)(4)(ii) and (iii) of this section''. 0 c. In paragraphs (a)(4)(i) and (ii), remove ``that that'' and add in its place ``that'' each place it appears. 0 d. In paragraph (a)(5), remove the phrase ``copyright owner,'' and add in its place the phrase `` ``copyright owner,'' ''. 0 e. In paragraph (b), remove ``paragraph (a)(4)'' and add in its place ``paragraph (a)(6)'', and remove ``Sec. 210.11(e)'' and add in its place ``Sec. 210.16(g)''. 0 f. In paragraph (f)(3), remove the phrase ``filed by being'' from the fourth sentence. 0 g. In paragraph (f)(4), remove ``paragraph (a)(4)'' and add in its place ``paragraph (b)'' each place it appears. Sec. 201.22 [Amended] 0 20. Amend Sec. 201.22 as follows: 0 a. In paragraphs (a)(1) and (c)(1)(i), remove ``411(b)'' and add in its place ``411(c)''. 0 b. In paragraph (d)(3), remove ``a telegram'' and add in its place ``an email, fax,''. 0 c. In paragraph (e)(1), remove ``411(b)(1)'' and add in its place ``411(c)(1)''. 0 d. In paragraph (e)(2)(iii), remove ``Telegram, cablegram,'' and add in its place ``Email, fax,''. Sec. 201.23 [Amended] 0 21. Amend Sec. 201.23 as follows: 0 a. In paragraph (a), remove ``, as amended by Pub. L. 94-553, 90 Stat. 2541, effective January 1, 1978'' and remove the phrase ``, as amended by Pub. L. 94-553''. 0 b. In paragraph (b) introductory text, remove ``Provided, That:'' and add in its place ``provided that:''. 0 c. In paragraphs (b)(1) through (3), remove the phrase ``, as amended by Pub. L. 94-553'' wherever it appears. Sec. 201.25 [Amended] 0 22. Amend Sec. 201.25 as follows: 0 a. In paragraph (c)(1), remove ``Regulatory'' from the first sentence and add in its place ``Registry''. 0 b. In paragraph (e), remove ``record'' from the second sentence and add in its place ``recordation''. Sec. 201.26 [Amended] 0 23. Amend Sec. 201.26 as follows: 0 a. In paragraph (b), remove ``Definitions--'' and add in its place ``Definitions.''. 0 b. In paragraph (d), remove ``Documents--'' and add in its place ``documents.''. 0 c. Remove paragraph (d)(4). 0 d. In paragraph (f), remove ``record'' from the second sentence and add in its place ``recordation''. Sec. 201.27 [Amended] 0 24. Amend Sec. 201.27 as follows: 0 a. In the heading to paragraph (b), remove the dash and add a period in its place. 0 b. In paragraph (b)(1), remove ``An'' and add ``An'' in its place. 0 c. In paragraph (b)(3), remove the comma following the term ``cassette''. Sec. 201.28 [Amended] 0 25. Amend Sec. 201.28 as follows: 0 a. In paragraph (c)(3), remove the third and fourth sentences. 0 b. In paragraph (d)(1), remove ``from the Licensing Division, Library of Congress'' and add in its place ``free from the Copyright Office website'', remove ``Forms and other information may be requested from the Licensing Division by facsimile transmission (FAX), but copies'' and add in its place ``Copies'' and remove ``FAX'' and add in its place ``fax''. 0 c. In paragraph (e)(5), remove ``facsimile (FAX)'' and add in its place ``fax''. 0 d. In paragraph (j)(3)(i), remove the third sentence and add in its place ``Telephone or similar unsigned requests that meet these conditions may be permitted, where a follow-up written request detailing the same information is received by the Copyright Office within 14 days after the required 60-day period.''. Sec. 201.29 [Amended] 0 26. Amend Sec. 201.29 as follows: 0 a. In paragraph (e), remove the term ``5'' and add in its place the term ``five''. 0 b. In paragraph (h)(1), remove the parentheses from around the phrase ``of the manufacturing party or importing party''. 0 c. In paragraph (h)(2), remove ``telefax'' and add in its place ``fax''. 0 d. In paragraph (h)(6), remove the term ``(AHRA)''. Sec. 201.31 [Removed and Reserved] 0 27. Remove and reserve Sec. 201.31. 0 28. Amend Sec. 201.33 as follows: 0 a. In paragraph (a), remove ``automated database, which can be accessed over the Internet'' from the last sentence and add in its place ``website''. 0 b. In the heading to paragraph (b), remove the dash and add a period in its place. 0 c. In paragraph (b)(2)(iii), remove the phrase ``the new'' each place it appears. 0 d. In paragraph (b)(3)(iii)(A), remove ``United States'' and add in its place ``U.S.''. [[Page 9359]] 0 e. In paragraph (d)(3)(ii)(G), remove ``Telefax number'' and add in its place ``Email address''. 0 f. In the heading to paragraph (e)(2), remove ``Payment'' and add in its place ``payment''. 0 g. In paragraph (e)(2)(i), remove ``Register of Copyrights'' and add in its place ``U.S. Copyright Office''. 0 h. In paragraph (e)(2)(ii), remove ``U.S.'' from each place it appears in the heading and paragraph text, remove ``Sec. 201.1'' from the last sentence and add in its place ``Sec. 201.1(b)'', and remove ``Web site'' and add in its place ``website''. 0 i. In paragraph (e)(2)(iii), remove ``VISA, MasterCard and American Express'' from the first sentence and add in its place ``most major credit cards''. 0 j. Revise paragraph (f). 0 k. In appendix A, item 13, remove ``Telefax'' and adding in its place ``Fax''. The revision reads as follow: Sec. 201.33 Procedures for filing Notices of Intent to Enforce a restored copyright under the Uruguay Round Agreements Act. * * * * * (f) Public access. Notices of Intent to Enforce filed with the Copyright Office are available for public inspection and copying in the Records Research and Certification Section. Some of the information contained in these records is available on the Office's website, including the title of the work or a brief description if the work is untitled and the name of the copyright owner or owner of an exclusive right. * * * * * 0 29. Amend Sec. 201.34 as follows: 0 a. In paragraph (d)(3)(viii)(D), remove ``telefax'' and add in its place ``fax''. 0 b. In paragraph (e), italicize the introductory paragraph heading. 0 c. Revise paragraph (f). The revision reads as follows: Sec. 201.34 Procedures for filing Correction Notices of Intent to Enforce a Copyright Restored under the Uruguay Rounds Agreement Act. * * * * * (f) Public access. Correction Notices of Intent to Enforce filed with the Copyright Office are available for public inspection and copying in the Records Research and Certification Section. * * * * * Sec. 201.38 [Amended] 0 30. Amend Sec. 201.38 in paragraphs (a)(1) and (2), (b) introductory text, (b)(1)(ii), (b)(2), (c) introductory text, and (c)(1) by removing ``Web site'' and adding in its place ``website''. Sec. 201.39 [Amended] 0 31. Amend Sec. 201.39 as follows: 0 a. In paragraph (g)(1), italicize the paragraph heading. 0 b. In paragraph (g)(3)(i), remove ``Register of Copyrights'' and add in its place ``U.S. Copyright Office''. 0 c. In paragraph (g)(3)(ii), remove ``U.S.'' from each place it appears in the heading and paragraph text and remove ``Sec. 201.1'' and add in its place ``Sec. 201.1(b)'' and remove ``Web site'' and add in its place ``website''. PART 202--PREREGISTRATION AND REGISTRATION OF CLAIMS TO COPYRIGHT 0 32. The authority citation for part 202 continues to read as follows: Authority: 17 U.S.C. 408(f), 702. Sec. 202.2 [Amended] 0 33. Amend Sec. 202.2 as follows: 0 a. In paragraph (b)(2), remove ``his'' and add in its place ``the producer's''. 0 b. In paragraph (b)(5), remove ``his name'' and add in its place ``that person's name''. 0 c. Redesignate paragraphs (b)(6)(i) through (iii) as paragraphs (b)(6)(i)(A) through (C), respectively, redesignate the introductory text of paragraph (b)(6) as (b)(6)(i), and designate the undesignated paragraph preceding paragraph (b)(7) as (b)(6)(ii). 0 d. In newly redesignated paragraph (b)(6)(i)(B), remove the semicolon and add in its place ``; or''. 0 e. In newly redesignated paragraph (b)(6)(i)(C), remove the colon and add in its place a period. 0 f. In newly designated paragraph (b)(6)(ii), remove ``Provided, however, That'' and add in its place ``Provided, however, that'', remove ``three foregoing types of cases'' and add in its place ``three types of cases described in paragraphs (b)(6)(i)(A) through (C) of this section'', and remove the period at the end of the paragraph and add in its place a semicolon. 0 g. In paragraph (b)(10), remove the period and add in its place ``; and''. Sec. 202.3 [Amended] 0 34. Amend Sec. 202.3 as follows: 0 a. In paragraph (a)(1), remove the phrase ``, as amended by Pub. L. 94- 553''. 0 b. In paragraph (b)(1)(v), italicize the paragraph heading. 0 c. In paragraph (b)(2) introductory text, remove ``Web site'' and add in its place ``website''. 0 d. In paragraph (b)(2)(i)(A), remove ``through the Copyright Office Web site [www.copyright.gov]'' and add a period in its place. 0 e. In paragraph (b)(2)(i)(B), remove ``Web sites'' and add in its place ``websites''. 0 f. In paragraph (b)(2)(i)(D), remove the phrase ``a remitter'' and add in its place the phrase ``an applicant''. 0 g. In paragraph (b)(2)(ii)(C), remove ``the type of authorship that predominates'' from the fourth sentence and add in its place ``the predominant type of authorship''. 0 h. In paragraph (b)(2)(ii)(D), remove ``Web site [www.copyright.gov]'' and add in its place ``website (www.copyright.gov)''. 0 i. In paragraph (b)(6)(v), remove ``under 408(c)(1) of title 17'' and add in its place ``under 17 U.S.C 408(c)(1)''. 0 j. In paragraph (b)(8)(i) introductory text, remove the phrase ``, as amended by Pub. L. 94-553''. Sec. 202.4 [Removed and Reserved] 0 35. Remove and reserve Sec. 202.4. Sec. 202.5 [Amended] 0 36. Amend Sec. 202.5 as follows: 0 a. In paragraph (a), remove the term ``hull''. 0 b. In paragraph (b)(2), remove ``Sec. 201.3(d)(3)(i)'' and add in its place ``Sec. 201.3(d)''. 0 c. In paragraph (b)(3), remove ``Registration Program written notice'' and add in its place ``written notice from the Registration Program'' and remove the term ``initial''. 0 d. In paragraph (c)(2), remove ``Sec. 201.3(d)(3)(ii)'' and add in its place ``Sec. 201.3(d)''. 0 e. In paragraph (d)(1), remove ``Sec. 201.1'' and add in its place ``Sec. 201.1(c)(4)''. 0 f. In paragraph (e), remove ``wavier'' from the paragraph heading and add in its place ``waiver''. 0 37. Amend Sec. 202.12 as follows: 0 a. In paragraph (b)(1), italicize the terms ``restored work'' and ``source country'', and remove the term ``the URAA'' and add in its place the phrase ``17 U.S.C. 104(A)(g)(6) and (8)''. 0 b. Revise paragraph (c)(1). 0 c. Remove paragraph (c)(2). 0 d. Redesignate paragraphs (c)(3) and (4) as paragraphs (c)(2) and (3), respectively. 0 e. In newly redesignated paragraph (c)(2)(ii)(A), remove ``Register of Copyrights'' and add in its place ``U.S. Copyright Office''. 0 f. In newly redesignated paragraph (c)(2)(ii)(B), remove ``U.S.'' from each place it appears in the heading and paragraph text and remove ``Web site'' and add in its place ``website''. 0 g. In newly redesignated paragraph (c)(2)(ii)(C), remove ``URAA'' and add in its place ``GATT'' and remove ``VISA, MasterCard, and American Express'' and add in its place ``most major credit cards''. [[Page 9360]] 0 h. In newly redesignated paragraph (c)(3)(i) introductory text, remove ``the amended section 104A'' and add in its place ``17 U.S.C. 104A'' and remove ``paragraphs (c)(4) (ii)'' and add in its place ``paragraphs (c)(3)(ii)''. 0 i. In newly redesignated paragraph (c)(3)(iv), remove ``paragraph (c)(4)(i)'' and add in its place ``paragraph (c)(3)(i)''. 0 j. In newly redesignated paragraph (c)(3)(v), remove ``may seek an alternative deposit under special relief (37 CFR 202.20(d))'' and add in its place ``may submit an alternative deposit under a grant of special relief under Sec. 202.20(d)''. 0 k. In newly redesignated paragraph (c)(3)(vi), remove ``telefax'' and add in its place ``fax''. 0 l. In paragraph (d), remove ``copyrights'' and add in its place ``works''. The revision reads as follows: Sec. 202.12 Restored copyrights. * * * * * (c) Registration--(1) Application. Applications for registration for single works restored to copyright protection under the URAA should be made on Form GATT. Copies of this form may be obtained from the Office's website or by contacting the Public Information Office at (202) 707-3000. Applicants should submit the completed application with the appropriate filing fee and deposit copies and materials required by paragraph (c)(3) of this section in the same package by mail. * * * * * Sec. 202.16 [Amended] 0 38. Amend Sec. 202.16 as follows: 0 a. In paragraph (a), remove ``Section 408(f) of 17 U.S.C.'' and add in its place ``17 U.S.C. 408(f).''. 0 b. Revise paragraph (c)(3). 0 c. In paragraph (c)(5)(ii)(A), italicize the paragraph heading. 0 d. In paragraph (c)(5)(ii)(B), italicize the paragraph heading. 0 e. In paragraph (c)(5)(ii)(C), italicize the paragraph heading. 0 f. Revise paragraphs (c)(6)(i) and (c)(6)(iii) through (v). 0 h. In paragraph (c)(6)(vi), remove the last sentence and add in its place ``The description may also explain the general presentation (e.g., the lighting, background scenery, positioning of elements of the subject matter as it is seen in the photographs), and should provide any locations and events, if applicable, associated with the photographs.'' 0 i. Revise paragraph (c)(10). 0 j. In paragraph (c)(11), remove ``Information and Records Division'' and add in its place ``Office of Public Information and Education''. 0 k. Revise paragraph (c)(12). The revisions read as follows: Sec. 202.16 Preregistration of copyrights. * * * * * (c) * * * (3) Application. An application for preregistration must be submitted electronically on the Copyright Office website at: http://www.copyright.gov. * * * * * (6) * * * (i) For motion pictures, the identifying description should include the following information to the extent known at the time of filing: The subject matter, a summary or outline, the director, the primary actors, the principal location of filming, and any other information that would assist in identifying the particular work being preregistered. * * * * * (iii) For musical compositions, the identifying description should include the following information to the extent known at the time of filing: The subject matter of the lyrics, if any; the genre of the work (e.g., classical, pop, musical comedy, soft rock, heavy metal, gospel, rap, hip-hop, blues, jazz); the performer, principal recording location, record label, motion picture, or other information relating to any sound recordings or motion pictures that are being prepared for commercial distribution and will include the musical composition; and any other detail or characteristic that may assist in identifying the particular musical composition. (iv) For literary works in book form, the identifying description should include to the extent known at the time of filing: The genre of the book (e.g., biography, novel, history, etc.), and should include a brief summary of the work including, the subject matter (e.g., a biography of President Bush, a history of the war in Iraq, a fantasy novel); a description (where applicable) of the plot, primary characters, events, or other key elements of the content of the work; and any other salient characteristics of the book (e.g., whether it is a later edition or revision of a previous work, as well as any other detail which may assist in identifying the literary work in book form). (v) For computer programs (including videogames), the identifying description should include to the extent known at the time of filing: The nature, purpose and function of the computer program, including the programming language in which it is written and any particular organization or structure in which the program has been created; the form in which it is expected to be published (e.g., as an online-only product; whether there have been previous versions and identification of such previous versions); the identities of persons involved in the creation of the computer program; and, if the work is a videogame, also the subject matter of the videogame and the overall object, goal, or purpose of the game, its characters, if any, and the general setting and surrounding found in the game. * * * * * (10) Notification of preregistration. Upon completion of the preregistration, the Copyright Office will email an official notification of the preregistration to the person who submitted the application. * * * * * (12) Public record of preregistration. The preregistration record also will be made available to the public on the Copyright Office website at: http://www.copyright.gov. * * * * * Sec. 202.17 [Amended] 0 39. Amend Sec. 202.17 as follows: 0 a. In paragraph (b)(1), remove ``[as'' and add in its place ``(as'' and remove ``(C)]'' and add in its place ``(C))''. 0 b. In paragraph (c)(2), remove ``409(11),'' and add in its place ``409(10),''. 0 c. In the heading to paragraph (e), remove ``Section'' and add in its place ``section''. 0 d. In paragraph (e)(2), remove ``name[s]'' and add in its place ``name(s)'' each place it appears, remove ``claimant[s]'' and add in its place ``claimant(s)'' each place it appears, and remove ``sixty- seven year'' and add in its place ``67-year''. 0 e. In paragraph (e)(3), remove ``(b)(4)'' and add in its place ``(b)(3)''. 0 f. In paragraph (f)(2), remove ``(f)(1)(i)'' and add in its place ``(f)(1)''. 0 g. In paragraph (g)(1), remove ``U.S. Copyright Office homepage at http://www.copyright.go'' from the second sentence and add in its place ``Copyright Office website at: http://www.copyright.gov'', remove ``Request.'' and add in its place ``request.'', and remove ``Sec. 201.1'' and add in its place ``Sec. 201.1(b)''. 0 h. In paragraph (h)(3)(vii), remove ``[effective'' and add in its place ``(effective'' and remove ``1988]'' and add in its place ``1988)''. 0 40. Amend Sec. 202.19 as follows: 0 a. In paragraph (a), remove ``, as amended by Pub. L. 94-553'' and remove ``of these regulations''. [[Page 9361]] 0 b. Revise paragraph (b)(2) and remove the undesignated paragraph following paragraph (b)(2). 0 c. In paragraph (b)(4), remove ``Sec. 202.19(c)(5) of this regulation'' and add in its place ``paragraph (c)(5) of this section''. 0 d. In paragraphs (c)(5) and (d)(2)(iii)(B), remove ``of these regulations'' wherever it occurs. 0 e. Revise paragraph (d)(2)(iv). 0 f. In paragraph (d)(2)(vi), remove the comma after the term ``kits''. 0 g. In paragraph (e)(1)(iv), remove the phrase ``of these regulations''. 0 h. In paragraph (e)(3), remove ``for Registration Program'' and add in its place ``of Copyrights and Director of the Office of Registration Policy and Practice''. 0 i. In paragraph (f)(1), remove ``on the application'' and remove ``of these regulations''. The revisions read as follows: Sec. 202.19 Deposit of published copies or phonorecords for the Library of Congress. * * * * * (b) * * * (2) A complete copy includes all elements comprising the unit of publication of the best edition of the work, including elements that, if considered separately, would not be copyrightable subject matter or would otherwise be exempt from the mandatory deposit requirement under paragraph (c) of this section. (i) In the case of sound recordings, a ``complete'' phonorecord includes the phonorecord, together with any printed or other visually perceptible material published with such phonorecord (such as textual or pictorial matter appearing on record sleeves or album covers, or embodied in leaflets or booklets included in a sleeve, album, or other container). (ii) In the case of a musical composition published in copies only, or in both copies and phonorecords: (A) If the only publication of copies in the United States took place by the rental, lease, or lending of a full score and parts, a full score is a ``complete'' copy; and (B) If the only publication of copies in the United States took place by the rental, lease, or lending of a conductor's score and parts, a conductor's score is a ``complete'' copy. (iii) In the case of a motion picture, a copy is ``complete'' if the reproduction of all of the visual and aural elements comprising the copyrightable subject matter in the work is clean, undamaged, undeteriorated, and free of splices, and if the copy itself and its physical housing are free of any defects that would interfere with the performance of the work or that would cause mechanical, visual, or audible defects or distortions. (iv) In the case of an electronic work published in the United States and available only online, a copy is ``complete'' if it includes all elements constituting the work in its published form, i.e., the complete work as published, including metadata and formatting codes otherwise exempt from mandatory deposit. * * * * * (d) * * * (2) * * * (iv) In any case where an individual author is the owner of copyright in a published pictorial or graphic work and: (A) Less than five copies of the work have been published; or (B) The work has been published and sold or offered for sale in a limited edition consisting of no more than three hundred numbered copies, the deposit of one complete copy of the best edition of the work or, alternatively, the deposit of photographs or other identifying material in compliance with Sec. 202.21, will suffice in lieu of the two copies required by paragraph (d)(1) of this section. * * * * * 0 41. Amend Sec. 202.20 as follows: 0 a. In paragraph (a), remove ``, as amended by Pub. L. 94-553'' and remove ``of these regulations''. 0 b. In paragraph (b)(1), remove ``The'' and add in its place ``The''. 0 c. In paragraph (b)(2)(ii), remove ``(b)(2) (iv)'' and add in its place ``(b)(2)(iv)''. 0 d. Revise paragraph (b)(2)(iii). 0 e. In paragraph (b)(2)(v), remove ``Sec. 202.19(b)(2) of these regulations;'' and add in its place ``Sec. 202.19(b)(2)(i).''. 0 f. In paragraph (b)(2)(vi)(B), remove the term ``copy;'' and add in its place the term ``copy.''. 0 g. In paragraph (b)(6), remove ``Sec. 202.20'' and add in its place ``section'' and remove the term ``as''. 0 h. In paragraph (c)(2)(i)(G), remove ``(c)(2)(xi)(B)(5)'' and add in its place ``(c)(2)(xi)(B)''. 0 i. In paragraphs (c)(2)(ii), (c)(2)(iii)(B), (c)(2)(iv), and (c)(2)(v), remove the phrase ``of these regulations'' each place it appears. 0 j. In paragraph (c)(2)(vii)(A)(2), remove ``units, entire'' and add in its place ``units, the entire'' and remove ``proportinately'' and add in its place ``proportionately''. 0 k. In paragraphs (c)(2)(viii)(A) and (c)(2)(x), remove the phrase ``of these regulations'' each place it appears. 0 l. In paragraph (c)(2)(xi)(A), remove ``of these regulations'' and add in its place ``of this chapter''. 0 m. In paragraphs (c)(2)(xii) and (xiii), remove the phrase ``of these regulations'' each place it appears. 0 n. In paragraph (c)(2)(xvi), remove ``the deposit phonorecord'' and add in its place ``the phonorecord''. 0 o. In paragraph (c)(2)(xviii)(A), add a superscript ``6'' after the first sentence and designate the undesignated paragraph after paragraph (c)(2)(xviii)(A)(4) as footnote 6. 0 p. In paragraph (c)(2)(xviii)(B), remove the phrase ``of these regulations'', add a superscript ``7'' after the second sentence, and designate the undesignated paragraph after paragraph (c)(2)(xviii)(B)(4) as footnote 7. 0 q. In paragraph (d)(1)(iv), remove ``of these regulations''. 0 r. In paragraph (d)(3), remove ``of these regulations'' and remove ``for Registration Program of the Copyright Office'' and add in its place ``of Copyrights and Director of the Office of Registration Policy and Practice''. 0 s. In paragraph (e), remove ``section 407 of title 17 and Sec. 202.19 of these regulations'' and add in its place ``17 U.S.C. 407 and Sec. 202.19'', remove ``of claim'' and add in its place ``of a claim'', and remove the phrase ``on the application''. The revision reads as follows: Sec. 202.20 Deposit of copies and phonorecords for copyright registration. * * * * * (b) * * * (2) * * * (iii) Works submitted for registration in digital formats. A ``complete'' electronically filed work is one which is embodied in a digital file which contains: (A) If the work is unpublished, all authorship elements for which registration is sought; and (B) If the work is published solely in an electronic format, all elements constituting the work in its published form, i.e., the complete work as published, including metadata and authorship for which registration is not sought. Publication in an electronic only format requires submission of the digital file(s) in exact first-publication form and content. (C) For works submitted electronically, any of the following file formats are acceptable for registration: PDF, TXT, WPD, DOC, TIF, SVG, JPG, XML, HTML, WAV, and MPEG family of formats, including MP3. This list of file formats is non-exhaustive and it may change, or be added to periodically. Changes will be noted in the list of [[Page 9362]] acceptable formats on the Copyright Office website. (D) Contact with the registration applicant may be necessary if the Copyright Office cannot access, view, or examine the content of any particular digital file that has been submitted for the registration of a work. For purposes of 17 U.S.C. 410(d), a deposit has not been received in the Copyright Office until a copy that can be reviewed by the Office is received. * * * * * Sec. 202.21 [Amended] 0 42. Amend Sec. 202.21 as follows: 0 a. In paragraph (a), remove ``and to'' from the first sentence and add in its place ``and'' and remove the phrase ``of these regulations''. 0 b. In paragraph (g)(1)(i) introductory text, remove ``and description'' and add in its place ``and a description''. 0 c. In paragraph (h), remove the phrase ``of these regulations''. Sec. 202.22 [Amended] 0 43. Amend Sec. 202.22 as follows: 0 a. In paragraph (c)(8), remove ``Web site'' and add in its place ``website''. 0 b. In paragraph (f)(1)(i), remove the phrase ``not later than'' and add in its place the phrase ``no later than''. Sec. 202.23 [Amended] 0 44. Amend Sec. 202.23 as follows: 0 a. In paragraph (a)(1), remove ``708(a)(11)'' and add in its place ``708(a)''. 0 b. In paragraph (b)(2), remove ``Chief, Information and Records Division of the Copyright Office,'' and add in its place ``Director of the Office of Public Records and Repositories at the address specified in Sec. 201.1(b)(1) of this chapter,'' and remove ``(i)'' and ``(ii)''. 0 c. In paragraph (c)(2), remove the word ``of'' after ``Sec. 202.20''. 0 d. In paragraph (e)(1), remove ``708(a)(11)'' and add in its place ``708(a)'' and add ``of this chapter'' after ``Sec. 201.3(d)''. 0 e. In paragraph (e)(2), add ``of this chapter'' after ``Sec. 201.3(d)'' and remove ``Register of Copyrights'' and add in its place ``U.S. Copyright Office''. Sec. 202.24 [Amended] 0 45. Amend Sec. 202.24 as follows: 0 a. In paragraphs (a)(1) and (c)(1) and (2) by removing ``of these regulations''. 0 b. In paragraph (d)(1)(i) by removing ``section 407(d) of Title 17'' and adding in its place ``17 U.S.C. 407(d)''. Appendix B to Part 202 [Amended] 0 46. Amend appendix B to part 202 as follows: 0 a. In the introductory text, designate the five undesignated paragraphs as a., b., c., d., and e., respectively. 0 b. In paragraph III.A., add a colon to the end of the term ``Film'' and add periods to the ends of paragraphs III.A.1. through III.A.4. 0 c. In paragraph III.B., add a colon to the end of the words ``Video Formats'' and add periods to the ends of paragraphs III.B.1. through III.B.4. 0 d. In paragraph VI.A.1., remove ``Vocal music:'' and add in its place ``Vocal music:''. 0 e. In paragraph VI.A.1.a., remove ``accompaniment--'' and add in its place ``accompaniment:''. 0 f. In paragraph VI.A.2., remove ``Instrumental music:'' and add in its place ``Instrumental music:''. 0 g. In paragraph VIII.A., add a colon to the end of the word ``Programs''. 0 h. In paragraph VIII.A.3., remove ``Format:'' and add in its place ``Format:''. 0 i. In paragraph VIII.B.4., remove ``Format'' and add in its place ``Format:''. 0 j. In paragraph IX.A., add a colon to the end of the word ``Serials''. 0 k. In paragraph IX.A.1., add a colon to the end of the word ``Format''. PART 203--FREEDOM OF INFORMATION ACT: POLICIES AND PROCEDURES 0 47. The authority citation for part 203 continues to read as follows: Authority: 17 U.S.C. 702, 5 U.S.C. 552, as amended. 0 48. Revise Sec. 203.2 to read as follows: Sec. 203.2 Authority and functions. The administration of the copyright law was entrusted to the Library of Congress by an act of Congress in 1870, and the Copyright Office has been a separate department of the Library since 1897. The statutory functions of the Copyright Office are contained in and carried out in accordance with the Copyright Act. 0 49. Amend Sec. 203.3 as follows: 0 a. Remove paragraphs (a) through (d). 0 b. Redesignate paragraphs (e) through (g) as paragraphs (j) through (l), respectively. 0 c. Add new paragraphs (a) through (i). 0 d. Revise paragraph (h). 0 e. In newly redesignated paragraph (k), remove ``Avenue SE, Washington, DC'' and add in its place ``Avenue, SE., Washington, DC''. 0 f. Add paragraph (m). The revisions and additions read as follows: Sec. 203.3 Organization. (a) The Office of the Register of Copyrights has overall responsibility for the Copyright Office and its statutory mandate, specifically: For legal interpretation of the copyright law; administering the provisions of title 17 of the U.S.C.; promulgating copyright regulations; advising Congress and other government officials on domestic and international copyright policy and other intellectual property issues; determining personnel and other resource requirements for the Office; organizing strategic and annual program planning; and preparing budget estimates for inclusion in the budget of the Library of Congress and U.S. Government. (b) The Office of the Chief of Operations is headed by the Chief of Operations (``COO''), who advises the Register on core business functions and coordinates and directs the day-to-day operations of the Copyright Office. The Office of the COO supervises human capital, the administration of certain statutory licenses, mandatory deposits and acquisitions, and strategic planning functions. This Office interacts with every other senior management office that reports to the Register and frequently coordinates and assesses institutional projects. The COO chairs the Copyright Office's operations committee. The following divisions fall under the oversight of the COO: (1) The Receipt Analysis and Control Division is responsible for sorting, analyzing, and scanning incoming mail; creating initial records; labeling materials; and searching, assembling, and dispatching electronic and hardcopy materials and deposits to the appropriate service areas. The Division is responsible for operating the Copyright Office's central print room, mail functions, and temporary storage. The Division also processes all incoming fees and maintains accounts, related records, and reports involving fees received. (2) The Licensing Division administers certain statutory licenses set forth in the Copyright Act. The Division collects royalty payments and examines statements of account for the cable statutory license (17 U.S.C. 111), the satellite statutory license for retransmission of distant television broadcast stations (17 U.S.C. 119), and the statutory license for digital audio recording technology (17 U.S.C. chapter 10). The Division also accepts and records documents associated with the use of the mechanical statutory license (17 U.S.C. 115). (3) The Copyright Acquisitions Division administers the mandatory deposit requirements of the Copyright Act, acting as an intermediary between copyright owners of certain published works and the acquisitions staff in the [[Page 9363]] Library of Congress. 17 U.S.C. 407. This Office creates and updates records for the copies received by the Copyright Office; demands particular works or particular formats of works as necessary; and administers deposit agreements between the Library and copyright owners. (c) The Office of the General Counsel is headed by the General Counsel and Associate Register of Copyrights, who is an expert copyright attorney and one of four legal advisors to the Register. This Office assists the Register in carrying out critical work of the Copyright Office regarding the legal interpretation of the copyright law. The General Counsel liaises with the Department of Justice, other federal departments, and the legal community on a wide range of copyright matters including litigation and the administration of title 17 of the U.S.C. The General Counsel also has primary responsibility for the formulation and promulgation of regulations and the adoption of legal positions governing policy matters and the practices of the Copyright Office. (d) The Office of Policy and International Affairs is headed by the Associate Register of Copyrights and Director of Policy and International Affairs, who is an expert copyright attorney and one of four legal advisors to the Register. This Office assists the Register with critical policy functions of the Copyright Office, including domestic and international policy analyses, legislative support, and trade negotiations. Policy and International Affairs represents the Copyright Office at meetings of government officials concerned with the international aspects of intellectual property protection, and provides regular support to Congress and its committees on statutory amendments and construction. (e) The Office of Registration Policy and Practice is headed by the Associate Register of Copyrights and Director of Registration Policy and Practice, who is an expert copyright attorney and one of four legal advisors to the Register. This Office administers the U.S. copyright registration system and advises the Register of Copyrights on questions of registration policy and related regulations and interpretations of copyright law. This Office has three divisions: Literary, Performing Arts, and Visual Arts. It also has a number of specialized sections, for example, in the area of motion pictures. This Office executes major sections of the Compendium of Copyright Office Practices, particularly with respect to the examination of claims and related principles of law. (f) The Office of Public Information and Education is headed by the Associate Register for Public Information and Education, who is an expert copyright attorney and one of four legal advisors to the Register. This Office informs and helps carry out the work of the Register and the Copyright Office in providing authoritative information about the copyright law to the public and establishing educational programs. The Office publishes the copyright law and other provisions of title 17 of the U.S.C.; maintains a robust and accurate public website; creates and distributes a variety of circulars, information sheets, and newsletters, including NewsNet; responds to public inquiries regarding provisions of the law, explaining registration policies, procedures, and other copyright-related topics upon request; plans and executes a variety of educational activities; and engages in outreach with various copyright community stakeholders. (g) The Office of Public Records and Repositories is headed by the Director, who is an expert in public administration and one of the Register's top business advisors. This Office is responsible for carrying out major provisions of title 17 of the U.S.C., including establishing records policies; ensuring the storage and security of copyright deposits, both analog and digital; recording licenses and transfers of copyright ownership; preserving, maintaining, and servicing copyright related records; researching and providing certified and non-certified reproductions of copyright deposits; and maintaining the official records of the Copyright Office. Additionally, the Office engages regularly in discussions with leaders in the private and public sectors regarding issues of metadata, interoperability, data management, and open government. (h) The Office of the Chief Information Officer is headed by the Chief Information Officer (``CIO''), who is the Register's top advisor on the development and implementation of technology policy and infrastructure. The Office of the CIO provides strategic leadership and direction for necessary planning, design, development, and implementation of the Copyright Office's automated initiatives. The Office of the CIO is a liaison to the central technology office of the Library of Congress, which administers the Copyright Office's networks and communications. The CIO also supervises the Copyright Technology Office. The Copyright Technology Office maintains certain Copyright Office enterprise-wide IT systems for registration, recordation, public records management and access, and related public services, as well as certain internal and external help-desk functions. (i) The Chief Financial Officer (``CFO'') is a senior staff position that serves under the Register and oversees all fiscal, financial, budgetary, and procurement-related activities for the Copyright Office. * * * * * (m) The U.S. Copyright Office makes certain documents and records available to the public in electronic format pursuant to 5 U.S.C. 552(a)(2). Copyright Office records in machine-readable form cataloged from January 1, 1978, to the present, including information regarding registrations and recorded documents, are available on the Office's website. Frequently requested Copyright Office circulars, announcements, recently proposed regulations, as well as final regulations are also available on the Office's website. The address for the Office's website is www.copyright.gov. Sec. 203.4 [Amended] 0 50. Amend Sec. 203.4 as follows: 0 a. In paragraph (c), remove ``Avenue, SE'' and add in its place ``Avenue SE.''. 0 b. In paragraph (d), remove from the second sentence ``, Information and Publications Section, Information and Reference Division, Copyright Office, Library of Congress, Washington, DC 20559-6000,'' and add in its place ``at the address specified in Sec. 201.1(c)(1) of this chapter'', remove ``Avenue, SE,'' and add in its place ``Avenue SE.,'' and remove in the last sentence ``Office response'' and add in its place ``Office's response''. 0 c. Revise paragraphs (f) and (g). 0 d. In paragraph (i)(2), remove ``ten (10)'' and add in its place ``10''. The revisions read as follows: Sec. 203.4 Methods of operation. * * * * * (f) The Office will respond to all properly marked mailed requests and all personally delivered written requests for records within 20 working days of receipt by the Supervisory Copyright Information Specialist. If it is determined that an extension of time greater than 10 working days is necessary to respond to a request due to unusual circumstances, as defined in paragraph (h) of this section, the Supervisory Copyright Information Specialist shall so notify the requester and give the requester the opportunity to: (1) Limit the scope of the request so that it may be processed within 20 working days; or [[Page 9364]] (2) Arrange with the Office an alternative time frame for processing the request or a modified request. (g) If a request is denied, the written notification will include the basis for the denial, names of all individuals who participated in the determination, and procedures available to appeal the determination. If a requester wishes to appeal a denial of some or all of his or her request for information, he or she must make an appeal in writing within 30 calendar days of the date of the Office's denial. The request should be directed to the General Counsel of the United States Copyright Office at the address specified in Sec. 201.1(c)(1) of this chapter. The appeal should be clearly labeled ``Freedom of Information Act Appeal.'' The appeal shall include a statement explaining the basis for the appeal. Determinations of appeals will be set forth in writing and signed by the General Counsel or his or her delegate within 20 working days. If, on appeal, the denial is upheld in whole or in part, the written determination will include the basis for the appeal denial and will also contain a notification of the provisions for judicial review and the names of the persons who participated in the determination. * * * * * Sec. 203.6 [Amended] 0 51. Amend Sec. 203.6 as follows: 0 a. In paragraph (a), remove ``themseleves'' from the last sentence and add in its place ``themselves''. 0 b. In paragraph (e): 0 i. From the first sentence, remove ``amoun t'' and add in its place ``amount'', remove ``praticable'' and add in its place ``practicable'', remove ``his willingness'' and add in its place ``a willingness''. 0 ii. From the last sentence, remove ``offer him'' and add in its place ``offer the requester'', remove ``his request'' and add in its place ``the request'', and remove the ``his needs'' and add in its place ``the requester's needs''. PART 204--PRIVACY ACT: POLICIES AND PROCEDURES 0 52. The authority citation continues to read as follows: Authority: 17 U.S.C. 702; 5 U.S.C. 552(a). Sec. 204.4 [Amended] 0 53. Amend Sec. 204.4 as follows: 0 a. In paragraph (a), remove ``Copyright Information Section, Copyright GC/I&R, P.O. Box 70400,, Washington, DC 20024'' and add in its place ``U.S. Copyright Office, P.O. Box 70400, Washington, DC 20024-0400''. 0 b. In paragraph (b), remove ``Office'' and add in its place ``Office's''. 0 c. In paragraph (d), remove ``Records'' and add in its place ``records''. Sec. 204.5 [Amended] 0 54. Amend Sec. 204.5 as follows: 0 a. In paragraph (a), remove ``Copyright Information Section, Copyright GC/I&R'' and add in its place ``U.S. Copyright Office'', remove ``20024'' and add in its place ``20024-0400'', and remove the phrase ``Avenue, SE'' and add in its place the phrase ``Avenue SE.''. 0 b. In paragraph (b), remove ``Office'' and add in its place ``Office's''. Sec. 204.7 [Amended] 0 55. Amend Sec. 204.7 as follows: 0 a. In paragraph (a), remove ``Copyright Information Section, Copyright GC/I&R'' and add in its place ``U.S. Copyright Office'', remove ``20024'' and add in its place ``20024-0400'' and remove ``Avenue, SE'' and add in its place ``Avenue SE.''. 0 b. In paragraph (b), remove ``for Office response'' and add in its place ``for the Office's response'', remove ``section 408(d) of Pub. L. 94-553'' and add in its place ``17 U.S.C. 408(d)'' and remove ``, the Office response'' and add in its place ``, the Office's response''. 0 56. Revise Sec. 204.8 to read as follows: Sec. 204.8 Appeal of refusal to correct or amend an individual's record. (a) An individual who disagrees with a refusal of the Copyright Office to amend his or her record may request a review of the denial. The individual should submit a written appeal to the General Counsel of the United States Copyright Office at the address specified in Sec. 201.1(c)(1) of this chapter. Appeals, and the envelopes containing them, should be plainly marked ``Privacy Act Appeal.'' Failure to so mark the appeal may delay the General Counsel's response. An appeal should contain a copy of the request for amendment or correction and a copy of the record alleged to be untimely, inaccurate, incomplete, or irrelevant. (b) The General Counsel will issue a written decision granting or denying the appeal within 30 working days after receipt of the appeal unless, after showing good cause, the General Counsel extends the 30- day period. If the appeal is granted, the requested amendment or correction will be made promptly. If the appeal is denied, in whole or in part, the General Counsel's decision will set forth reasons for the denial. Additionally, the decision will advise the requester that he or she has the right to file with the Copyright Office a concise statement of his or her reasons for disagreeing with the refusal to amend the record and that such statement will be attached to the requester's record and included in any future disclosure of such record. If the requester is dissatisfied with the agency's final determination, the individual may bring a civil action against the Office in the appropriate United States district court. PART 205--LEGAL PROCESSES 0 57. The authority citation for part 205 continues to read as follows: Authority: 17 U.S.C. 702. 0 58. Revise Sec. 205.1 to read as follows: Sec. 205.1 Definitions. For the purpose of this part: Demand means an order, subpoena or any other request for documents or testimony for use in a legal proceeding. Document means any record or paper held by the Copyright Office, including, without limitation, official letters, deposits, recordations, registrations, publications, or other material submitted in connection with a claim for registration of a copyrighted work. Employee means any current or former officer or employee of the Copyright Office, as well as any individual subject to the jurisdiction, supervision, or control of the Copyright Office. General Counsel, unless otherwise specified, means the General Counsel and Associate Register of Copyrights or his or her designee. Legal proceeding means any pretrial, trial, and post-trial stages of existing or reasonably anticipated judicial or administrative actions, hearings, investigations, or similar proceedings before courts, commissions, boards or other tribunals, foreign or domestic. This phrase includes all phases of discovery as well as responses to formal or informal requests by attorneys or others involved in legal proceedings. This phrase also includes state court proceedings (including grand jury proceedings) and any other state or local legislative and administrative proceedings. Office means the Copyright Office, including any division, section, or operating unit within the Copyright Office. Official business means the authorized business of the Copyright Office. Testimony means a statement in any form, including a personal appearance before a court or other legal tribunal, an interview, a deposition, an affidavit or declaration under penalty of perjury pursuant to 28 U.S.C. 1746, a telephonic, televised, or videotaped statement or any response given during [[Page 9365]] discovery or similar proceeding, which response would involve more than the production of documents, including a declaration under 35 U.S.C. 25 or a declaration under penalty of perjury pursuant to 28 U.S.C. 1746. United States means the Federal Government, its departments and agencies, individuals acting on behalf of the Federal Government, and parties to the extent they are represented by the United States. Sec. 205.2 [Amended] 0 59. Amend Sec. 205.2 as follows: 0 a. In paragraph (a), remove ``, Copyright GC/I&R, P.O. Box 70400, Washington, DC 20024-0400'' and add in its place ``at the address specified in Sec. 201.1(c)(1) of this chapter''. 0 b. In paragraph (b), remove the comma after ``Avenue''. Sec. Sec. 205.6 through 205.10 [Added and Reserved] 0 60. Add and reserve Sec. Sec. 205.6 through 205.10 to subpart A. Sec. 205.11 [Amended] 0 61. Amend Sec. 205.11 in paragraph (a) by removing ``Office response'' from the fourth sentence and adding in its place ``the Office's response''. Sec. 205.13 [Amended] 0 62. Amend Sec. 205.13 by removing ``, GC/I&R, P.O. Box 70400, Washington, DC 20024-0400'' and adding in its place ``at the address specified in Sec. 201.1(c)(1) of this chapter'' and by removing the comma after ``Avenue''. Sec. Sec. 205.14 through 205.20 [Added and Reserved] 0 63. Add and reserve Sec. Sec. 205.14 through 205.20 to subpart B. Sec. 205.22 [Amended] 0 64. Amend Sec. 205.22 as follows: 0 a. In paragraph (a) introductory text, remove ``Web site'' and add in its place ``website''. 0 b. In paragraph (a)(2), remove ``(e.g., 37 CFR, Chapter II; Compendium II, Compendium of Copyright Office Practices'' and add in its place ``(e.g., 37 CFR, Chapter II; Compendium of U.S. Copyright Office Practices, Third Edition'' and remove ``Copyright General Counsel'' and add in its place ``General Counsel of the Copyright Office''. 0 c. In paragraph (b), remove ``Counsel, no'' and add in its place ``Counsel of the Copyright Office, no'' and remove ``Copyright General Counsel'' and add in its place ``General Counsel of the Copyright Office''. 0 d. In paragraph (c), remove ``Copyright Office General Counsel'' and add in its place ``General Counsel of the Copyright Office'' and remove ``Copyright General Counsel'' and add in its place ``General Counsel''. 0 e. In the heading to paragraph (f), remove the colon and add in its place a period and remove the space between the heading and paragraph (f)(1). Sec. 205.23 [Amended] 0 65. Amend Sec. 205.23 as follows: 0 a. Redesignate paragraph (b)(4) as paragraph (c). 0 b. In newly redesignated paragraph (c), remove ``these limitations'' and add in its place ``the limitations set forth in paragraph (b) of this section'' and remove ``of this part''. PART 210--COMPULSORY LICENSE FOR MAKING AND DISTRIBUTING PHYSICAL AND DIGITAL PHONORECORDS FOR NONDRAMATIC MUSICAL WORKS 0 66. The authority citation for part 210 continues to read as follows: Authority: 17 U.S.C. 115, 702. Sec. 210.15 [Amended] 0 67. Amend Sec. 210.15 introductory text by removing the term ``Permanently'' and adding in its place the term ``permanently''. Sec. 210.17 [Amended] 0 68. Amend Sec. 210.17 as follows: 0 a. In paragraph (d)(3)(ix), remove ``Compact'' and add in its place ``compact'' and remove ``Limited'' and add in its place ``limited''. 0 b. In paragraph (h), remove ``6'' from the second sentence and add in its place ``six''. PART 211--MASK WORK PROTECTION 0 69. The authority citation for part 211 is revised to read as follows: Authority: 17 U.S.C. 702, 908. Sec. 211.1 [Amended] 0 70. Amend Sec. 211.1 in paragraph (a) by removing ``shall be addressed to: Library of Congress, Department MW, Washington, DC 20540'' and adding in its place ``should be sent to the address specified in Sec. 201.1(b) of this chapter''. 0 71. Amend Sec. 211.4 by revising paragraphs (b)(1), (d) introductory text, and (d)(2) to read as follows: Sec. 211.4 Registration of claims of protection in mask works. * * * * * (b) * * * (1) For purposes of registration of mask work claims, the Register of Copyrights has designated ``Form MW'' to be used for all applications. Copies of the form are available free from the Copyright Office website or upon request to the Copyright Information Section, U.S. Copyright Office, Library of Congress, Washington, DC 20559- 6000. * * * * * (d) Registration as a single work. Subject to the exception specified in paragraph (c)(2) of this section, for purposes of registration on a single application and upon payment of a single fee, the following shall be considered a single work: * * * * * (2) In the case of a mask work that has been commercially exploited: All original mask work elements fixed in a semiconductor chip product at the time that product was first commercially exploited and in which the owner or owners of the mask work is or are the same. * * * * * 0 72. Amend Sec. 211.5 as follows: 0 a. In paragraph (b) introductory text, remove ``of these regulations''. 0 b. Redesignate paragraph (b)(2) as paragraph (b)(3). 0 c. Designate the undesignated paragraph preceding newly redesignated paragraph (b)(3) as paragraph (b)(2). 0 d. In newly redesignated paragraph (b)(3)(i), remove the space between ``(b)(1)'' and ``(i)''. 0 e. Revise paragraphs (c)(1) and (2). 0 f. In paragraph (d), remove ``granted.,'' and add in its place ``granted.'' and remove ``for Registration Program, Library of Congress, Copyright Office--RPO, 101 Independence Avenue, SE, Washington, DC 20559-6200,'' and add in its place ``of Copyrights and Director of Registration Policy and Practice, P.O. Box 70400, Washington, DC 20024-0400,''. The revisions read as follows: Sec. 211.5 Deposit of identifying material. * * * * * (c) * * * (1) Mask works commercially exploited. For commercially exploited mask works no more than two layers of each five or more layers in the work. In lieu of the visually perceptible representations required under paragraphs (b)(1) and (2) of this section, identifying portions of the withheld material must be submitted. For these purposes, ``identifying portions'' shall mean: (i) A printout of the mask work design data pertaining to each withheld layer, reproduced in microform; or (ii) Visually perceptible representations in accordance with [[Page 9366]] paragraphs (b)(1)(i), (ii), or (iii) and (b)(2) of this section with those portions containing sensitive information maintained under a claim of trade secrecy blocked out, provided that the portions remaining are greater than those which are blocked out. (2) Mask work not commercially exploited. (i) For mask works not commercially exploited falling under paragraph (b)(3)(i) of this section, any layer may be withheld. In lieu of the visually perceptible representations required under paragraph (b)(3) of this section, ``identifying portions'' shall mean: (A) A printout of the mask work design data pertaining to each withheld layer, reproduced in microform, in which sensitive information maintained under a claim of trade secrecy has been blocked out or stripped; or (B) Visually perceptible representations in accordance with paragraph (b)(3)(i) of this section with those portions containing sensitive information maintained under a claim of trade secrecy blocked out, provided that the portions remaining are greater than those which are blocked out. (ii) The identifying portions shall be accompanied by a single photograph of the top or other visible layers of the mask work fixed in a semiconductor chip product in which the sensitive information maintained under a claim of trade secrecy has been blocked out, provided that the blocked out portions do not exceed the remaining portions. * * * * * PART 212--PROTECTION OF VESSEL DESIGNS 0 73. The authority citation for part 212 continues to read as follows: Authority: 17 U.S.C. chapter 13. 0 74. Revise the heading of part 212 to read as set forth above. 0 75. In part 212, remove the terms ``hull'' and ``hulls'' each place they appear. Sec. 212.1 [Amended] 0 76. Amend Sec. 212.1 by removing ``vessel'' and adding in its place ``vessels''. Sec. 212.2 [Amended] 0 77. Amend Sec. 212.2 by removing ``vessel'' and adding in its place ``vessels''. Sec. 212.3 [Amended] 0 78. Amend Sec. 212.3 in paragraph (h) introductory text by removing ``6'' and adding in its place ``six''. Sec. 212.4 [Amended] 0 79. Amend Sec. 212.4 in paragraph (a)(2) by adding ``hull'' after ``vessel''. Sec. 212.5 [Amended] 0 80. Amend Sec. 212.5 as follows: 0 a. In paragraphs (a) through (c), remove ``of a vessel'' and add in its place ``of a vessel design''. 0 b. In paragraph (d), remove ``to: Dept. D-VH, Vessel Hull Registration, P.O. Box 71380, Washington, DC 20024-1380'' and add in its place ``to the address specified in Sec. 201.1(b)(2) of this chapter''. Sec. 212.6 [Amended] 0 81. Amend Sec. 212.6 by removing ``design protection of vessel'' and adding in its place ``the protection of vessel designs''. Sec. 212.8 [Amended] 0 82. Amend Sec. 212.8 as follows: 0 a. In paragraph (c)(1)(iv), remove ``designers of the vessel'' and add in its place ``designers of the vessel design''. 0 b. In paragraph (c)(2), remove ``he'' and add in its place ``the'', remove the comma after ``Avenue'', and remove ``Web site'' and add in its place ``website''. PARTS 253, 254, 255, 256, 258, 260-263, and 270--[REMOVED AND RESERVED] 0 83. Remove and reserve parts 253, 254, 255, 256, 258, 260, 261, 262, 263, and 270. Dated: November 21, 2016. 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. 2016-29625 Filed 2-3-17; 8:45 am] BILLING CODE 1410-30-P
![9354 Federal Register / Vol. 82, No. 23 / Monday, February 6, 2017 / Rules and Regulations
■ 3. Section 723.15 is amended by Points Dollars PART 846—INDIVIDUAL CIVIL
revising paragraph (b) introductory text PENALTIES
to read as follows: 20 .............................................. 1,286
21 .............................................. 1,350 ■ 9. The authority citation for part 846
§ 723.15 Assessment of separate 22 .............................................. 1,415 continues to read as follows:
violations for each day. 23 .............................................. 1,479 Authority: 28 U.S.C. 2461, 30 U.S.C. 1201
* * * * * 24 .............................................. 1,543 et seq., and 31 U.S.C. 3701.
(b) In addition to the civil penalty 25 .............................................. 1,607
26 .............................................. 1,929 ■ 10. Section 846.14 is amended by
provided for in paragraph (a) of this
27 .............................................. 2,250 revising the first sentence of paragraph
section, whenever a violation contained 28 .............................................. 2,571 (b) to read as follows:
in a notice of violation or cessation 29 .............................................. 2,770
order has not been abated within the 30 .............................................. 3,215 § 846.14 Amount of individual civil penalty.
abatement period set in the notice or 31 .............................................. 3,536 * * * * *
order or as subsequently extended 32 .............................................. 3,857 (b) The penalty will not exceed
pursuant to section 521(a) of the Act, 30 33 .............................................. 4,179 $16,073 for each violation. * * *
U.S.C. 1271(a), a civil penalty of not less 34 .............................................. 4,500
35 .............................................. 4,822 [FR Doc. 2017–02417 Filed 2–3–17; 8:45 am]
than $2,411 will be assessed for each
36 .............................................. 5,143 BILLING CODE 4310–05–P
day during which such failure to abate
37 .............................................. 5,465
continues, except that: 38 .............................................. 5,786
* * * * * 39 .............................................. 6,107
LIBRARY OF CONGRESS
40 .............................................. 6,428
PART 724—INDIVIDUAL CIVIL 41 .............................................. 6,751
Copyright Office
PENALTIES 42 .............................................. 7,072
43 .............................................. 7,393
■ 4. The authority citation for part 724 44 .............................................. 7,715 37 CFR Parts 201, 202, 203, 204, 205,
continues to read as follows: 45 .............................................. 8,036 210, 211, 212, 253, 254, 255, 256, 258,
Authority: 28 U.S.C. 2461, 30 U.S.C. 1201 46 .............................................. 8,358 260, 261, 262, 263, and 270
et seq., and 31 U.S.C. 3701. 47 .............................................. 8,679
48 .............................................. 9,001 [Docket No. 2016–5]
■ 5. Section 724.14 is amended by 49 .............................................. 9,322
revising the first sentence of paragraph 50 .............................................. 9,643 Copyright Office Technical
(b) to read as follows: 51 .............................................. 9,964 Amendments
52 .............................................. 10,287
§ 724.14 Amount of individual civil penalty. 53 .............................................. 10,608
AGENCY: U.S. Copyright Office, Library
54 .............................................. 10,929 of Congress.
* * * * *
(b) The penalty will not exceed 55 .............................................. 11,251 ACTION: Final rule.
$16,073 for each violation. * * * 56 .............................................. 11,572
57 .............................................. 11,893 SUMMARY: The U.S. Copyright Office is
PART 845—CIVIL PENALTIES 58 .............................................. 12,215 amending its regulations governing
59 .............................................. 12,537 registration, recordation, licensing, and
■ 6. The authority citation for part 845 60 .............................................. 12,858 other services that the Office provides.
continues to read as follows: 61 .............................................. 13,179 The amendments will improve the
62 .............................................. 13,501
Authority: 28 U.S.C. 2461, 30 U.S.C. 1201 quality of the Office’s regulations by
63 .............................................. 13,823
et seq., 31 U.S.C. 3701, Pub. L. 100–202, and 64 .............................................. 14,144 updating cross-references to the
Pub. L. 100–446. 65 .............................................. 14,465 Copyright Act and the Office’s
■ 7. Section 845.14 is amended by 66 .............................................. 14,787 regulations, replacing outdated
revising the table to read as follows: 67 .............................................. 15,108 terminology, reflecting structural
68 .............................................. 15,429 changes to the Office and its senior
§ 845.14 Determination of amount of 69 .............................................. 15,751
penalty.
management, eliminating expired or
70 .............................................. 16,073 obsolete provisions, and correcting
* * * * * nonsubstantive errors.
■ 8. Section 845.15 is amended by
Points Dollars DATES: Effective March 8, 2017.
revising paragraph (b) introductory text
to read as follows: FOR FURTHER INFORMATION CONTACT:
1 ................................................ 64 Sarang V. Damle, General Counsel and
2 ................................................ 129 § 845.15 Assessment of separate Associate Register of Copyrights, sdam@
3 ................................................ 193 violations for each day. loc.gov; Regan A. Smith, Deputy General
4 ................................................ 257 * * * * *
5 ................................................ 321
Counsel, resm@loc.gov; or Erik Bertin,
(b) In addition to the civil penalty Deputy Director of Registration Policy
6 ................................................ 386
7 ................................................ 450
provided for in paragraph (a) of this and Practice, ebertin@loc.gov. Each
8 ................................................ 514 section, whenever a violation contained person can be reached by telephone at
9 ................................................ 578 in a notice of violation or cessation 202–707–8040.
10 .............................................. 643 order has not been abated within the SUPPLEMENTARY INFORMATION:
11 .............................................. 707 abatement period set in the notice or
sradovich on DSK3GMQ082PROD with RULES
12 .............................................. 771 order or as subsequently extended I. Background
13 .............................................. 835 pursuant to section 521(a) of the Act, 30 On October 3, 2016, the U.S.
14 .............................................. 900 U.S.C. 1271(a), a civil penalty of not less
15 .............................................. 965 Copyright Office (‘‘Office’’) published a
than $2,411 will be assessed for each Notice of Proposed Rulemaking
16 .............................................. 1,029
17 .............................................. 1,093
day during which such failure to abate (‘‘NPRM’’) setting forth proposed
18 .............................................. 1,158 continues, except that: regulatory amendments designed to
19 .............................................. 1,222 * * * * * improve the quality of the Office’s
VerDate Sep<11>2014 15:51 Feb 03, 2017 Jkt 241001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\06FER1.SGM 06FER1](https://thefederalregister.org/doc/82_FR_9377/page/1.svg)
![Federal Register / Vol. 82, No. 23 / Monday, February 6, 2017 / Rules and Regulations 9355
regulations through several technical List of Subjects and add in its place ‘‘website’’ each
amendments. 81 FR 67940. No place it appears.
37 CFR Part 201
comments were received in response to ■ b. In paragraph (b)(2):
the NPRM. Copyright, General provisions. ■ i. Remove ‘‘20559’’ and add in its
37 CFR Part 202 place ‘‘20559–6000’’.
II. Final Rule ■ ii. Remove the term ‘‘Hull’’ from the
There was no opposition to the Copyright, Preregistration and ‘‘Type of submission’’ column of the
proposed rule. Accordingly, the registration of claims to copyright. table and remove the term ‘‘AD’’ from
proposed rule is adopted with the 37 CFR Part 203 the ‘‘Code’’ column of the table and add
following technical revisions made to in its place the term ‘‘CAD/AD’’.
reflect subsequent developments made Freedom of information. ■ c. In paragraph (c)(1), remove
after publication of the NPRM. 37 CFR Part 204 ‘‘Information and Records Division’’ and
Since issuing the NPRM, the add in its place ‘‘Office of Public
Privacy.
Copyright Office created the position of Information and Education’’.
the Chief Financial Officer (‘‘CFO’’), a 37 CFR Part 205 ■ d. In paragraph (c)(2), remove
senior staff position that serves under Legal processes. ‘‘Sections’’ and add in its place
the Register and oversees all financial, ‘‘sections’’.
budgetary, and procurement activities 37 CFR Part 210 ■ e. In paragraph (c)(4), remove ‘‘hull’’
for the Copyright Office. The final rule Copyright, Phonorecords, Recordings. and add in its place ‘‘design’’.
reflects this addition to the Office’s ■ f. In paragraph (c)(5), remove
senior staff by adding the title and 37 CFR Part 211 ‘‘Records Research and Certification,’’
description of the CFO to 37 CFR Mask work. and add in its place ‘‘Records Research
203.3(i) and revising the description of and Certification Section,’’.
37 CFR Part 212 ■ g. In paragraphs (c)(6) and (7), remove
the Office of the Chief of Operations in
37 CFR 203.3(b). Design, Vessel hulls, Registration. ‘‘Section’’ and add in its place
The final rule also contains two ‘‘section’’.
37 CFR Part 253 ■ h. In paragraph (c)(7), remove ‘‘Ave.’’
deletions to the regulations of the
former Copyright Arbitration Royalty Copyright, Public broadcasting and add in its place ‘‘Avenue’’.
Panel (‘‘CARP’’) found in subchapter B entities, Radio, Television. ■ 3. Amend § 201.2 as follows:
of the Copyright Office’s regulations. ■ a. In paragraph (b)(1), remove
37 CFR Part 254
The NPRM removed all of the CARP ‘‘Certifications and Documents Section’’
Copyright, Jukeboxes. and add in its place ‘‘Records Research
regulations, with the exception of the
two sections governing legacy royalty 37 CFR Part 255 and Certification Section’’.
rates and terms under the cable ■ b. In paragraph (b)(3) introductory
Copyright, Music, Recordings. text, remove ‘‘Information and Records
compulsory license in 37 CFR part 256
and legacy royalty rates and terms for 37 CFR Part 256 Division’’ and add in its place ‘‘Office
coin-operated phonorecords in 37 CFR of Public Information and Education’’.
Copyright, Cable television.
part 251. See 81 FR 67940, 67942. ■ c. In paragraph (b)(3)(i)(C), remove
Between publication of the NPRM and 37 CFR Part 258 ‘‘the remitter’’ and add in its place ‘‘the
this final rule, the Copyright Royalty Copyright, Satellite, Rates. applicant or remitter’’.
Board, the royalty tribunal that replaced ■ d. Redesignate paragraphs (b)(4)(i) and
the CARP, relocated the regulations 37 CFR Parts 260 Through 263 (ii) as paragraphs (b)(4)(i)(A) and (B),
governing both of these sections. See 81 Copyright, Digital audio redesignate the introductory text of
FR 62812, 62813 (Sept. 13, 2016) and 37 transmissions, Performance right, Sound paragraph (b)(4) as paragraph (b)(4)(i),
CFR part 387 (cable compulsory recordings. and designate the undesignated text
license); 81 FR 83141 (Nov. 21, 2016) preceding paragraph (b)(5) as paragraph
37 CFR part 270 (b)(4)(ii).
and 37 CFR part 388 (coin-operated
Copyright, Sound recordings. ■ e. In newly redesignated paragraph
phonorecord player compulsory
license). Since the Copyright Royalty (b)(4)(i) introductory text, remove the
Final Regulations phrase ‘‘that were submitted within the
Board has relocated these provisions,
parts 254 and 256 can now be removed ■ For the reasons set forth in the twelve month period immediately
from the former Copyright Arbitration preamble, the Copyright Office amends preceding the request for access’’.
37 CFR parts 201, 202, 203, 204, 205, ■ f. In newly redesignated paragraph
Royalty Panel Rules and Procedures and
reserved, which finalizes removal and 210, 211, 212, 253, 254, 255, 256, 258, (b)(4)(ii), remove ‘‘Copyright
reservation subchapter B of chapter II of 260, 261, 262, 263, and 270 as follows: Information’’ and add in its place
title 37 of the CFR. ‘‘Records Research and Certification’’.
PART 201—GENERAL PROVISIONS ■ g. Revise paragraph (b)(7).
The final rule also amends 37 CFR
■ h. In paragraph (d)(1)(iv), remove
202.3(b)(2)(i) to remove the reference to ■ 1. The authority citation for part 201
submission of registration applications ‘‘Certifications’’ and add in its place
continues to read as follows: ‘‘Certification’’.
‘‘through the Copyright Office Web site
Authority: 17 U.S.C. 702. The revision reads as follows:
[copyright.gov],’’ to accommodate
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applications by electronic submissions § 201.1 [Amended] § 201.2 Information given by the Copyright
that do not use the Copyright Office ■ 2. Amend § 201.1 as follows: Office.
Web site. Additionally, the final rule ■ a. In paragraph (a), remove ‘‘on-site * * * * *
removes two cross-references to 37 CFR deliveries from commercial and private (b) * * *
201.9, which is being removed and couriers’’ and add in its place ‘‘direct (7) The Register of Copyrights has
reserved. deliveries from commercial couriers and issued an administrative manual known
* * * * * messengers’’ and remove ‘‘Web site’’ as the Compendium of U.S. Copyright
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![9356 Federal Register / Vol. 82, No. 23 / Monday, February 6, 2017 / Rules and Regulations
Office Practices, Third Edition. The § 201.5 [Amended] § 201.10 [Amended]
Compendium explains many of the ■ 6. Amend § 201.5 as follows: ■ 11. Amend § 201.10 as follows:
practices and procedures concerning the ■ a. In paragraphs (a)(1) introductory ■ a. In the introductory text, remove
Office’s mandate and statutory duties text, (a)(1)(i)(A) and (a)(1)(ii), remove ‘‘, ‘‘sections 203, 304(c) and 304(d) of title
under title 17 of the United States Code. as amended by Pub. L. 94–553’’. 17, of the United States Code’’ and add
It is both a technical manual for the ■ b. In paragraph (b)(2)(i), remove the in its place ‘‘17 U.S.C. 203, 304(c), and
Copyright Office’s staff, as well as a semicolon from the end of the paragraph 304(d)’’.
guidebook for authors, copyright and add in its place a period. ■ b. In paragraphs (b)(1) introductory
licensees, practitioners, scholars, the ■ c. In paragraph (b)(2)(iii)(B), remove ‘‘; text, remove ‘‘sections 304(c) and 304(d)
courts, and members of the general and’’ and add in its place a period. of title 17, U.S.C.,’’ and add in its place
public. The Third Edition and prior ■ d. In paragraph (c)(2), remove ‘‘Web ‘‘17 U.S.C. 304(c) and 304(d)’’.
editions of the Compendium may be site’’ and add in its place ‘‘website’’. ■ c. In paragraph (b)(1)(vii)(B), remove
viewed, downloaded, or printed from ‘‘section 304 of title 17, U.S.C.,’’ and
the Office’s website. They are also § 201.6 [Amended]
add in its place ‘‘17 U.S.C. 304’’.
available for public inspection and ■ 7. Amend § 201.6 as follows: ■ d. In paragraph (b)(2) introductory
copying in the Records Research and ■ a. In paragraph (a), remove ‘‘Register text, remove ‘‘section 203 of title 17,
Certification Section. of Copyrights’’ from the first sentence U.S.C.,’’ and add in its place ’’ 17 U.S.C.
* * * * * and add in its place ‘‘U.S. Copyright 203’’.
Office’’. ■ e. In paragraph (b)(2)(vii)(B), remove
§ 201.3 [Amended] ■ b. In paragraph (b)(3), remove the last ‘‘section 203 of title 17, U.S.C.’’ and add
■ 4. Amend § 201.3 as follows: sentence. in its place ‘‘17 U.S.C. 203’’.
■ a. In paragraph (c)(3), remove ■ c. In paragraph (c)(1), remove ‘‘hulls’’
■ f. In paragraph (c)(2), remove ‘‘section
‘‘predominately’’ and add in its place from the first sentence and add in its 304(c) or section 304(d), whichever
‘‘predominantly’’. place ‘‘designs’’. applies, of title 17, U.S.C.’’ and add in
■ b. In paragraph (c)(9), remove the ■ d. In paragraphs (c)(1) and (2), remove
its place ‘‘17 U.S.C. 304(c) or 304(d),
period from the end of the first line and the phrase ‘‘, and refunds of less than $2 whichever applies’’.
add in its place a colon and remove may be made in postage stamps’’. ■ g. In paragraph (c)(3), remove ‘‘section
‘‘$130’’ and add in its place ‘‘130’’. ■ e. In paragraph (c)(3), remove the
■ c. In paragraph (c)(11), remove ‘‘hull’’
203 of title 17, U.S.C.’’ and add in its
comma after the term ‘‘Records’’ in the place ‘‘17 U.S.C. 203’’.
and add in its place ‘‘design’’. last sentence. ■ h. In paragraph (d)(1), remove ‘‘first-
■ d. In the heading of paragraph (d), ■ f. In paragraph (d), remove
remove ‘‘Service Fees’’ and add in its class’’ and add in its place ‘‘first class’’.
‘‘transferred for the’’ and add in its ■ i. In paragraph (d)(2), remove ‘‘section
place ‘‘service fees’’. place ‘‘transferred for use in the’’.
■ e. In paragraph (d)(6), remove the 203, section 304(c) or section 304(d) of
period from the end of the term § 201.7 [Amended] title 17, U.S.C.’’ and add in its place ‘‘17
‘‘Variable’’ in the ‘‘Fees ($)’’ column of ■ 8. Amend § 201.7 as follows: U.S.C. 203, 304(c), or 304(d)’’.
the table. ■ j. In paragraph (d)(3), remove
■ a. In paragraph (c)(1), remove ‘‘de
■ f. In the first column heading of the minimis’’ from the first sentence and ‘‘reasonable investigation’’ and add in
table in paragraph (e), remove add in its place ‘‘insufficiently creative’’ its place ‘‘reasonable investigation’’ and
‘‘division’’ and add in its place and remove ‘‘not in accordance with remove the quotation marks from
‘‘Division’’. title 17 U.S.C., Chapters 1 through 8’’ around the words ‘‘reasonable
■ g. Remove paragraph (e)(3). from the last sentence and add in its investigation’’.
■ h. Redesignate paragraphs (e)(4) ■ k. In paragraph (d)(4), remove
place ‘‘not in accordance with U.S.
through (8) as paragraphs (e)(3) through copyright law’’. ‘‘section 203, section 304(c), or section
(7), respectively. ■ b. In paragraph (c)(2), remove
304(d) of title 17, U.S.C.’’ and add in its
‘‘remitter’’ and add in its place place ‘‘17 U.S.C. 203, 304(c), or 304(d)’’.
§ 201.4 [Amended] ■ l. In paragraph (e)(1), remove ‘‘section
■ 5. Amend § 201.4 as follows: ‘‘applicant’’.
■ c. In paragraph (d), remove ‘‘remitter’’
203, section 304(c), or section 304(d) of
■ a. In the introductory text of title 17, U.S.C.’’ and add in its place ‘‘17
paragraph (a)(1), remove ‘‘, as amended from the first sentence and add in its
place ‘‘applicant’’. U.S.C. 203, 304(c), or 304(d)’’.
by Pub. L. 94–553’’. ■ m. In paragraph (f)(1) introductory
■ b. Remove paragraph (a)(1)(iv).
§ 201.8 [Amended] text, remove ‘‘paragraph (2) of this
■ c. Redesignate paragraphs (a)(1)(v)
■ 9. Amend § 201.8 as follows: paragraph (f)’’ and add in its place
and (vi) as paragraphs (a)(1)(iv) and (v),
■ a. In paragraphs (c)(1) introductory ‘‘paragraph (f)(2) of this section’’.
respectively.
text and (c)(1)(i), remove ‘‘claimant’’ ■ n. In paragraph (f)(1)(ii), remove
■ d. In paragraph (a)(2), remove ‘‘, as
amended by Pub. L. 94–553’’. and add in its place ‘‘applicant’’ each ‘‘first-class’’ and add in its place ‘‘first
■ e. In paragraph (a)(3)(ii), remove ‘‘or’’ place it appears. class’’.
and add in its place ‘‘of’’. ■ b. In paragraph (d), remove ■ o. In paragraph (f)(3), remove ‘‘record’’
■ f. In paragraph (b), remove ‘‘Web site’’ ‘‘certificate or registration’’ and add in and add in its place ‘‘recordation’’.
and add in its place ‘‘website’’. its place ‘‘certificate of registration’’. ■ p. In paragraph (f)(4), remove ‘‘section
■ g. In paragraph (c)(4)(ii)(D)(4), remove ■ c. In paragraphs (f)(2) and (3), remove 203(a)(3) or section 304(c)(3), as
‘‘a two- or three-letter’’ and add in its ‘‘mail’’ and add in its place ‘‘Mail’’. applicable, of title 17, United States
sradovich on DSK3GMQ082PROD with RULES
place ‘‘a one-, two-, or three-letter’’. ■ d. In paragraph (g), remove ‘‘one of the Code’’ and add in its place ‘‘17 U.S.C.
■ h. In paragraph (c)(4)(iii), add a period addresses specified in § 201.1’’ and add 203(a)(3) or 304(c)(3), whichever
after ‘‘Public Catalog’’ and remove ‘‘and in its place ‘‘the address specified in applies’’ and remove ‘‘§ 201.4(c)(3)’’ and
the remitter’’ and add in its place ‘‘The § 201.1(c)(1)’’. add in its place ‘‘§ 201.4’’.
remitter’’. ■ q. In paragraph (f)(7), remove
■ i. In paragraph (e), remove ‘‘record’’ § 201.9 [Removed and Reserved] ‘‘§ 201.1’’ and add in its place
and add in its place ‘‘recordation’’. ■ 10. Remove and reserve § 201.9. ‘‘§ 201.1(c)(2)’’.
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![Federal Register / Vol. 82, No. 23 / Monday, February 6, 2017 / Rules and Regulations 9357
§ 201.11 [Amended] ■ a. In paragraph (a)(1), remove ‘‘section ■ p. In paragraph (m)(2)(i), remove the
■ 12. Amend § 201.11 as follows: 110(4) of title 17 of the United States semicolon and add in its place ‘‘; or’’.
■ a. In paragraph (a), remove ‘‘section Code as amended by Pub. L. 94–553’’ ■ q. In paragraph (m)(2)(ii), remove ‘‘;
119(b)(1) and Section 122(a) of title 17 and add in its place ‘‘17 U.S.C. 110(4)’’. or’’ and add a period in its place.
of the United States Code, as amended ■ b. In paragraph (d)(3), remove ‘‘a ■ r. Remove paragraph (m)(2)(iii).
by Pub. L. No. 111–175’’ and add in its telegram’’ and add in its place ‘‘an ■ s. In paragraph (m)(4)(i), remove the
place ‘‘17 U.S.C. 119(b)(1), as amended email, fax,’’ and remove the word second sentence and add in its place
by Public Law 111–175’’, remove ‘‘that’’ ‘‘said’’. ‘‘Telephone or similar unsigned
and add in its place ‘‘for’’, and add the ■ c. In paragraph (e)(2)(iii), remove requests that meet these conditions may
term ‘‘to’’ after the phrase ‘‘private home ‘‘Telegram, cablegram,’’ and add in its be permitted, where a follow-up written
viewing’’. place ‘‘Email, fax,’’. request detailing the same information
■ b. In paragraph (b)(1), remove ‘‘and’’
§ 201.14 [Amended] is received by the Copyright Office
and add in its place ‘‘and’’, remove within fourteen days after the required
‘‘Section 119(d) of title 17 of the United ■ 15. Amend § 201.14 as follows:
■ a. In paragraphs (a)(1) and (2), remove sixty-day period.’’
States Code, as amended by Pub. L. No. ■ t. In paragraph (m)(4)(ii), remove the
111–175’’ and add in its place ‘‘17 ‘‘as amended by Pub. L. 94–553’’.
■ b. In paragraph (c)(2), remove ‘‘8’’ and semicolon from the end of the paragraph
U.S.C. 119(d), as amended by Public
add in its place ‘‘eight’’. and add in its place a period.
Law 111–175’’.
■ u. In paragraph (m)(4)(iii)(B), remove
■ c. In paragraph (c)(1), remove ‘‘section
§ 201.15 [Added and Reserved] the semicolon from the end of the
119(b)(1)(B) and (c)(3) of title 17’’ and
add in its place ‘‘17 U.S.C. 119(b)(1)(B)’’ ■ 16. Add and reserve § 201.15. paragraph and add in its place a period.
and remove ‘‘not later than’’ and add in ■ v. Remove paragraph (m)(4)(iii)(C).
§ 201.16 [Amended]
its place ‘‘no later than’’ each place it ■ w. In paragraph (m)(4)(iv)(A), remove
■ 17. Amend § 201.16 by removing the phrase ‘‘(except those filed under
appears. paragraph (c)(7).
■ d. In paragraph (d)(1), remove the paragraph (m)(2)(iii) of this section)’’
■ 18. Amend § 201.17 as follows:
term ‘‘U.S.’’, and remove ‘‘free upon and remove the period from the end of
■ a. In paragraph (a), remove
request. Requests may be mailed to the the paragraph and add in its place ‘‘;
‘‘Coypright’’ and add in its place and’’.
address specified in § 201.1’’ and add in ‘‘Copyright’’ and remove ‘‘section
its place ‘‘free from the Copyright Office ■ x. In paragraph (m)(4)(iv)(B), remove
111(d)(2) of title 17 of the United States
website’’. the comma after the phrase ‘‘this
Code’’ and add in its place ‘‘17 U.S.C.
■ e. In paragraph (d)(2), remove paragraph (m)’’.
111(d)(1)’’.
‘‘Statement of Account for Secondary The revisions read as follows:
■ b. In paragraph (b)(1), remove ‘‘Gross
Transmissions by Satellite Carriers to
receipts for the’’ and add in its place § 201.17 Statements of Account covering
Home Viewers’’ and add in its place
‘‘Gross receipts for the’’. compulsory licenses for secondary
‘‘Form SC (Statement of Account for ■ c. In paragraph (b)(2), remove transmissions by cable systems.
Secondary Transmissions by Satellite ‘‘§ 201.17 of’’ each place it appears and
Carriers of Distant Television Signals)’’. * * * * *
remove ‘‘section, shall be’’ and add in (c) * * *
■ f. In paragraphs (e)(6) and (7), remove
its place ‘‘section shall be’’. (1) Statements of Account shall cover
‘‘§ 258.3’’ and add in its place ‘‘§ 386.2’’.
■ d. In paragraph (b)(5), remove semiannual accounting periods of
■ g. In paragraph (h)(3)(i), remove the
‘‘Section 111(f) of title 17 of the United January 1 through June 30, and July 1
second sentence and add in its place
States Code, as amended by Pub. L. No. through December 31, and shall be
‘‘Telephone or similar unsigned
94–553, Pub. L. No. 103–369, and Pub. deposited in the Copyright Office,
requests that meet these conditions may
L. No. 111–175’’ and add in its place together with the total royalty fee for
be permitted, where a follow-up written
‘‘17 U.S.C. 111(f), as amended by Public such accounting periods as prescribed
request detailing the same information
Laws 94–553, 103–369, and 111– 175’’. by 17 U.S.C. 111(d)(1)(B) through (F), by
is received by the Copyright Office
■ e. In paragraph (b)(7), remove
within fourteen days after the required no later than the immediately following
‘‘translator station is,’’ and add in its August 29, if the Statement of Account
thirty-day period.’’.
■ h. In paragraph (h)(3)(ii), remove the
place ‘‘translator station is’’. covers the January 1 through June 30
■ f. In paragraph (b)(9), remove ‘‘FCC’’,
semicolon from the end of the paragraph accounting period, and by no later than
’’ and add in its place ‘‘FCC,’’ ’’. the immediately following March 1, if
and add in its place a period.
■ g. Revise paragraph (c)(1).
■ i. In paragraph (h)(3)(iii)(A), remove the Statement of Account covers the
■ h. In paragraph (d)(1), remove the
the colon from the end of the paragraph July 1 through December 31 accounting
term ‘‘U.S.’’, and remove ‘‘upon request.
and add in its place ‘‘; or’’. period.
Requests may be mailed to the address
specified in § 201.1’’ and add in its (e) * * *
§ 201.12 [Amended]
place ‘‘from the Copyright Office (7) The designation ‘‘Gross Receipts’’,
■ 13. Amend § 201.12 as follows: followed by the gross amount paid to
■ a. In paragraph (a) introductory text, website’’.
■ i. In paragraph (e)(5)(iii), add a period the cable system by subscribers for the
remove ‘‘section 111(e)(2) of title 17 of
to the end of the sentence. basic service of providing secondary
the United States Code as amended by
■ j. Revise paragraph (e)(7) and remove transmissions of primary broadcast
Pub. L. 94–553’’ and add in its place ‘‘17
the undesignated paragraph following transmissions during the period covered
U.S.C. 111(e)(2)’’.
■ b. In paragraph (b), remove ‘‘§ 201.3’’ paragraph (e)(7). by the Statement of Account.
sradovich on DSK3GMQ082PROD with RULES
and add in its place ‘‘§ 201.3(e)’’. ■ k. Revise paragraph (f)(3). (i) If the cable system maintains its
■ c. In paragraph (c), remove ‘‘record’’ ■ l. Remove paragraph (i)(1)(vi). revenue accounts on an accrual basis,
from the last sentence and add in its ■ m. Revise paragraph (i)(3). gross receipts for any accounting period
place ‘‘recordation’’. ■ n. Remove paragraphs (i)(4) and (5). includes all such amounts accrued for
■ o. Redesignate paragraphs (i)(6) secondary transmission service
§ 201.13 [Amended] through (10) as paragraphs (i)(4) through furnished during that period, regardless
■ 14. Amend § 201.13 as follows: (8), respectively. of when accrued:
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![9358 Federal Register / Vol. 82, No. 23 / Monday, February 6, 2017 / Rules and Regulations
(A) Less the amount of any bad debts ■ a. In paragraph (a)(2), remove ‘‘his’’ ■ c. Remove paragraph (d)(4).
actually written-off during that and add in its place ‘‘the’’. ■ d. In paragraph (f), remove ‘‘record’’
accounting period; ■ b. In paragraph (a)(4) introductory from the second sentence and add in its
(B) Plus the amount of any previously text, remove ‘‘subparagraphs (ii) and place ‘‘recordation’’.
written-off bad debts for secondary (iii)’’ and add in its place ‘‘paragraphs
transmission service which were (a)(4)(ii) and (iii) of this section’’. § 201.27 [Amended]
actually recovered during that ■ c. In paragraphs (a)(4)(i) and (ii), ■ 24. Amend § 201.27 as follows:
accounting period. remove ‘‘that that’’ and add in its place ■ a. In the heading to paragraph (b),
(ii) If the cable system maintains its ‘‘that’’ each place it appears. remove the dash and add a period in its
revenue accounts on a cash basis, gross ■ d. In paragraph (a)(5), remove the place.
receipts of any accounting period phrase ‘‘copyright owner,’’ and add in ■ b. In paragraph (b)(1), remove ‘‘An’’
includes all such amounts actually its place the phrase ‘‘ ‘‘copyright and add ‘‘An’’ in its place.
received by the cable system during that owner,’’ ’’. ■ c. In paragraph (b)(3), remove the
accounting period. ■ e. In paragraph (b), remove comma following the term ‘‘cassette’’.
* * * * * ‘‘paragraph (a)(4)’’ and add in its place
§ 201.28 [Amended]
(f) * * * ‘‘paragraph (a)(6)’’, and remove
(3) In computing the DSE of a primary ‘‘§ 210.11(e)’’ and add in its place ■ 25. Amend § 201.28 as follows:
‘‘§ 210.16(g)’’. ■ a. In paragraph (c)(3), remove the third
transmitter in a particular case of
■ f. In paragraph (f)(3), remove the and fourth sentences.
carriage on or after July 1, 1981, the
phrase ‘‘filed by being’’ from the fourth ■ b. In paragraph (d)(1), remove ‘‘from
cable system may make no prorated
sentence. the Licensing Division, Library of
adjustments other than those specified
■ g. In paragraph (f)(4), remove Congress’’ and add in its place ‘‘free
in 17 U.S.C. 111(f)(5)(B), and which
‘‘paragraph (a)(4)’’ and add in its place from the Copyright Office website’’,
remain in force under that provision.
‘‘paragraph (b)’’ each place it appears. remove ‘‘Forms and other information
Two prorated adjustments, as prescribed
may be requested from the Licensing
in that section, are permitted under § 201.22 [Amended] Division by facsimile transmission
certain conditions where: ■ 20. Amend § 201.22 as follows:
(i) A station is carried on a part-time (FAX), but copies’’ and add in its place
■ a. In paragraphs (a)(1) and (c)(1)(i), ‘‘Copies’’ and remove ‘‘FAX’’ and add in
basis where full-time carriage is not remove ‘‘411(b)’’ and add in its place
possible because the cable system lacks its place ‘‘fax’’.
‘‘411(c)’’. ■ c. In paragraph (e)(5), remove
the activated channel capacity to ■ b. In paragraph (d)(3), remove ‘‘a
retransmit on a full-time basis all signals ‘‘facsimile (FAX)’’ and add in its place
telegram’’ and add in its place ‘‘an ‘‘fax’’.
which it is authorized to carry; and email, fax,’’. ■ d. In paragraph (j)(3)(i), remove the
(ii) A station is carried on a ■ c. In paragraph (e)(1), remove
‘‘substitute’’ basis under rules, third sentence and add in its place
‘‘411(b)(1)’’ and add in its place ‘‘Telephone or similar unsigned
regulations, or authorizations of the FCC ‘‘411(c)(1)’’.
in effect on October 19, 1976 (as defined requests that meet these conditions may
■ d. In paragraph (e)(2)(iii), remove
in 17 U.S.C. 111(f)(5)(B)(ii)), which be permitted, where a follow-up written
‘‘Telegram, cablegram,’’ and add in its request detailing the same information
permitted a cable system, at its election, place ‘‘Email, fax,’’.
to omit the retransmission of a is received by the Copyright Office
particular program and substitute § 201.23 [Amended] within 14 days after the required 60-day
another program in its place. ■ 21. Amend § 201.23 as follows: period.’’.
* * * * * ■ a. In paragraph (a), remove ‘‘, as § 201.29 [Amended]
(i) * * * amended by Pub. L. 94–553, 90 Stat.
2541, effective January 1, 1978’’ and ■ 26. Amend § 201.29 as follows:
(3) It shall be presumed that the ■ a. In paragraph (e), remove the term
3.75% rate of 37 CFR 308.2(c) applies to remove the phrase ‘‘, as amended by
‘‘5’’ and add in its place the term ‘‘five’’.
DSEs accruing from newly added Pub. L. 94–553’’.
■ b. In paragraph (h)(1), remove the
distant signals, carried for the first time ■ b. In paragraph (b) introductory text,
parentheses from around the phrase ‘‘of
by a cable system after June 24, 1981. remove ‘‘Provided, That:’’ and add in its
the manufacturing party or importing
The presumption of this section can be place ‘‘provided that:’’.
■ c. In paragraphs (b)(1) through (3),
party’’.
rebutted in whole or in part: ■ c. In paragraph (h)(2), remove
(i) By actual carriage of a particular remove the phrase ‘‘, as amended by
Pub. L. 94–553’’ wherever it appears. ‘‘telefax’’ and add in its place ‘‘fax’’.
distant signal prior to June 25, 1981, as ■ d. In paragraph (h)(6), remove the
reported in Statements of Account duly § 201.25 [Amended] term ‘‘(AHRA)’’.
filed with the Copyright Office (‘‘actual ■ 22. Amend § 201.25 as follows:
carriage’’), unless the prior carriage was § 201.31 [Removed and Reserved]
■ a. In paragraph (c)(1), remove
not permitted by the FCC; or ‘‘Regulatory’’ from the first sentence and ■ 27. Remove and reserve § 201.31.
(ii) By carriage of no more than the add in its place ‘‘Registry’’. ■ 28. Amend § 201.33 as follows:
number of distant signals which was or ■ b. In paragraph (e), remove ‘‘record’’ ■ a. In paragraph (a), remove
would have been allotted to the cable from the second sentence and add in its ‘‘automated database, which can be
system under the FCC’s quota for place ‘‘recordation’’. accessed over the Internet’’ from the last
importation of network and sentence and add in its place ‘‘website’’.
nonspecialty independent stations (47 § 201.26 [Amended] ■ b. In the heading to paragraph (b),
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CFR 76.59(b), 76.61(b) and (c), and ■ 23. Amend § 201.26 as follows: remove the dash and add a period in its
76.63, referring to § 76.61(b) and (c), in ■ a. In paragraph (b), remove place.
effect on June 24, 1981). ‘‘Definitions—’’ and add in its place ■ c. In paragraph (b)(2)(iii), remove the
* * * * * ‘‘Definitions.’’. phrase ‘‘the new’’ each place it appears.
■ b. In paragraph (d), remove ■ d. In paragraph (b)(3)(iii)(A), remove
§ 201.18 [Amended] ‘‘Documents—’’ and add in its place ‘‘United States’’ and add in its place
■ 19. Amend 201.18 as follows: ‘‘documents.’’. ‘‘U.S.’’.
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■ e. In paragraph (d)(3)(ii)(G), remove ■ a. In paragraph (g)(1), italicize the ■ f. In paragraph (b)(2)(i)(D), remove the
‘‘Telefax number’’ and add in its place paragraph heading. phrase ‘‘a remitter’’ and add in its place
‘‘Email address’’. ■ b. In paragraph (g)(3)(i), remove the phrase ‘‘an applicant’’.
■ f. In the heading to paragraph (e)(2), ‘‘Register of Copyrights’’ and add in its ■ g. In paragraph (b)(2)(ii)(C), remove
remove ‘‘Payment’’ and add in its place place ‘‘U.S. Copyright Office’’. ‘‘the type of authorship that
‘‘payment’’. ■ c. In paragraph (g)(3)(ii), remove predominates’’ from the fourth sentence
■ g. In paragraph (e)(2)(i), remove ‘‘U.S.’’ from each place it appears in the and add in its place ‘‘the predominant
‘‘Register of Copyrights’’ and add in its heading and paragraph text and remove type of authorship’’.
place ‘‘U.S. Copyright Office’’. ‘‘§ 201.1’’ and add in its place ■ h. In paragraph (b)(2)(ii)(D), remove
■ h. In paragraph (e)(2)(ii), remove ‘‘§ 201.1(b)’’ and remove ‘‘Web site’’ and ‘‘Web site [www.copyright.gov]’’ and
‘‘U.S.’’ from each place it appears in the add in its place ‘‘website’’. add in its place ‘‘website
heading and paragraph text, remove (www.copyright.gov)’’.
‘‘§ 201.1’’ from the last sentence and add PART 202—PREREGISTRATION AND ■ i. In paragraph (b)(6)(v), remove
in its place ‘‘§ 201.1(b)’’, and remove REGISTRATION OF CLAIMS TO ‘‘under 408(c)(1) of title 17’’ and add in
‘‘Web site’’ and add in its place COPYRIGHT its place ‘‘under 17 U.S.C 408(c)(1)’’.
‘‘website’’. ■ 32. The authority citation for part 202 ■ j. In paragraph (b)(8)(i) introductory
■ i. In paragraph (e)(2)(iii), remove text, remove the phrase ‘‘, as amended
continues to read as follows:
‘‘VISA, MasterCard and American by Pub. L. 94–553’’.
Express’’ from the first sentence and add Authority: 17 U.S.C. 408(f), 702.
in its place ‘‘most major credit cards’’. § 202.4 [Removed and Reserved]
§ 202.2 [Amended]
■ j. Revise paragraph (f). ■ 35. Remove and reserve § 202.4.
■ k. In appendix A, item 13, remove
■ 33. Amend § 202.2 as follows:
■ a. In paragraph (b)(2), remove ‘‘his’’ § 202.5 [Amended]
‘‘Telefax’’ and adding in its place ‘‘Fax’’.
The revision reads as follow: and add in its place ‘‘the producer’s’’. ■ 36. Amend § 202.5 as follows:
■ b. In paragraph (b)(5), remove ‘‘his
■ a. In paragraph (a), remove the term
§ 201.33 Procedures for filing Notices of name’’ and add in its place ‘‘that ‘‘hull’’.
Intent to Enforce a restored copyright under person’s name’’. ■ b. In paragraph (b)(2), remove
the Uruguay Round Agreements Act. ■ c. Redesignate paragraphs (b)(6)(i)
‘‘§ 201.3(d)(3)(i)’’ and add in its place
* * * * * through (iii) as paragraphs (b)(6)(i)(A) ‘‘§ 201.3(d)’’.
(f) Public access. Notices of Intent to through (C), respectively, redesignate ■ c. In paragraph (b)(3), remove
Enforce filed with the Copyright Office the introductory text of paragraph (b)(6) ‘‘Registration Program written notice’’
are available for public inspection and as (b)(6)(i), and designate the and add in its place ‘‘written notice
copying in the Records Research and undesignated paragraph preceding from the Registration Program’’ and
Certification Section. Some of the paragraph (b)(7) as (b)(6)(ii). remove the term ‘‘initial’’.
information contained in these records ■ d. In newly redesignated paragraph
■ d. In paragraph (c)(2), remove
is available on the Office’s website, (b)(6)(i)(B), remove the semicolon and
‘‘§ 201.3(d)(3)(ii)’’ and add in its place
including the title of the work or a brief add in its place ‘‘; or’’.
‘‘§ 201.3(d)’’.
description if the work is untitled and ■ e. In newly redesignated paragraph
■ e. In paragraph (d)(1), remove
the name of the copyright owner or (b)(6)(i)(C), remove the colon and add in
‘‘§ 201.1’’ and add in its place
owner of an exclusive right. its place a period.
■ f. In newly designated paragraph
‘‘§ 201.1(c)(4)’’.
* * * * * ■ f. In paragraph (e), remove ‘‘wavier’’
■ 29. Amend § 201.34 as follows:
(b)(6)(ii), remove ‘‘Provided, however,
from the paragraph heading and add in
■ a. In paragraph (d)(3)(viii)(D), remove
That’’ and add in its place ‘‘Provided,
its place ‘‘waiver’’.
‘‘telefax’’ and add in its place ‘‘fax’’. however, that’’, remove ‘‘three foregoing
■ 37. Amend § 202.12 as follows:
■ b. In paragraph (e), italicize the types of cases’’ and add in its place
■ a. In paragraph (b)(1), italicize the
introductory paragraph heading. ‘‘three types of cases described in
terms ‘‘restored work’’ and ‘‘source
■ c. Revise paragraph (f). paragraphs (b)(6)(i)(A) through (C) of
country’’, and remove the term ‘‘the
The revision reads as follows: this section’’, and remove the period at
URAA’’ and add in its place the phrase
the end of the paragraph and add in its
§ 201.34 Procedures for filing Correction ‘‘17 U.S.C. 104(A)(g)(6) and (8)’’.
place a semicolon.
Notices of Intent to Enforce a Copyright ■ b. Revise paragraph (c)(1).
■ g. In paragraph (b)(10), remove the
Restored under the Uruguay Rounds ■ c. Remove paragraph (c)(2).
period and add in its place ‘‘; and’’.
Agreement Act. ■ d. Redesignate paragraphs (c)(3) and
* * * * * § 202.3 [Amended] (4) as paragraphs (c)(2) and (3),
(f) Public access. Correction Notices of ■ 34. Amend § 202.3 as follows: respectively.
Intent to Enforce filed with the ■ a. In paragraph (a)(1), remove the ■ e. In newly redesignated paragraph
Copyright Office are available for public phrase ‘‘, as amended by Pub. L. 94– (c)(2)(ii)(A), remove ‘‘Register of
inspection and copying in the Records 553’’. Copyrights’’ and add in its place ‘‘U.S.
Research and Certification Section. ■ b. In paragraph (b)(1)(v), italicize the Copyright Office’’.
paragraph heading. ■ f. In newly redesignated paragraph
* * * * *
■ c. In paragraph (b)(2) introductory (c)(2)(ii)(B), remove ‘‘U.S.’’ from each
§ 201.38 [Amended] text, remove ‘‘Web site’’ and add in its place it appears in the heading and
■ 30. Amend § 201.38 in paragraphs place ‘‘website’’. paragraph text and remove ‘‘Web site’’
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(a)(1) and (2), (b) introductory text, ■ d. In paragraph (b)(2)(i)(A), remove and add in its place ‘‘website’’.
(b)(1)(ii), (b)(2), (c) introductory text, ‘‘through the Copyright Office Web site ■ g. In newly redesignated paragraph
and (c)(1) by removing ‘‘Web site’’ and [www.copyright.gov]’’ and add a period (c)(2)(ii)(C), remove ‘‘URAA’’ and add in
adding in its place ‘‘website’’. in its place. its place ‘‘GATT’’ and remove ‘‘VISA,
■ e. In paragraph (b)(2)(i)(B), remove MasterCard, and American Express’’
§ 201.39 [Amended] ‘‘Web sites’’ and add in its place and add in its place ‘‘most major credit
■ 31. Amend § 201.39 as follows: ‘‘websites’’. cards’’.
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■ h. In newly redesignated paragraph add in its place ‘‘Office of Public organization or structure in which the
(c)(3)(i) introductory text, remove ‘‘the Information and Education’’. program has been created; the form in
amended section 104A’’ and add in its ■ k. Revise paragraph (c)(12). which it is expected to be published
place ‘‘17 U.S.C. 104A’’ and remove The revisions read as follows: (e.g., as an online-only product; whether
‘‘paragraphs (c)(4) (ii)’’ and add in its there have been previous versions and
place ‘‘paragraphs (c)(3)(ii)’’. § 202.16 Preregistration of copyrights. identification of such previous
■ i. In newly redesignated paragraph * * * * * versions); the identities of persons
(c)(3)(iv), remove ‘‘paragraph (c)(4)(i)’’ (c) * * * involved in the creation of the computer
and add in its place ‘‘paragraph (3) Application. An application for program; and, if the work is a
(c)(3)(i)’’. preregistration must be submitted videogame, also the subject matter of the
■ j. In newly redesignated paragraph electronically on the Copyright Office videogame and the overall object, goal,
(c)(3)(v), remove ‘‘may seek an website at: http://www.copyright.gov. or purpose of the game, its characters,
alternative deposit under special relief * * * * * if any, and the general setting and
(37 CFR 202.20(d))’’ and add in its place (6) * * * surrounding found in the game.
‘‘may submit an alternative deposit (i) For motion pictures, the * * * * *
under a grant of special relief under identifying description should include (10) Notification of preregistration.
§ 202.20(d)’’. the following information to the extent Upon completion of the preregistration,
■ k. In newly redesignated paragraph known at the time of filing: The subject the Copyright Office will email an
(c)(3)(vi), remove ‘‘telefax’’ and add in matter, a summary or outline, the official notification of the
its place ‘‘fax’’. director, the primary actors, the preregistration to the person who
■ l. In paragraph (d), remove principal location of filming, and any submitted the application.
‘‘copyrights’’ and add in its place other information that would assist in * * * * *
‘‘works’’. identifying the particular work being
The revision reads as follows: (12) Public record of preregistration.
preregistered. The preregistration record also will be
§ 202.12 Restored copyrights. * * * * * made available to the public on the
* * * * * (iii) For musical compositions, the Copyright Office website at: http://
(c) Registration—(1) Application. identifying description should include www.copyright.gov.
Applications for registration for single the following information to the extent * * * * *
works restored to copyright protection known at the time of filing: The subject
under the URAA should be made on matter of the lyrics, if any; the genre of § 202.17 [Amended]
Form GATT. Copies of this form may be the work (e.g., classical, pop, musical ■ 39. Amend § 202.17 as follows:
obtained from the Office’s website or by comedy, soft rock, heavy metal, gospel, ■ a. In paragraph (b)(1), remove ‘‘[as’’
contacting the Public Information Office rap, hip-hop, blues, jazz); the performer, and add in its place ‘‘(as’’ and remove
at (202) 707–3000. Applicants should principal recording location, record ‘‘(C)]’’ and add in its place ‘‘(C))’’.
submit the completed application with label, motion picture, or other ■ b. In paragraph (c)(2), remove
the appropriate filing fee and deposit information relating to any sound ‘‘409(11),’’ and add in its place
copies and materials required by recordings or motion pictures that are ‘‘409(10),’’.
paragraph (c)(3) of this section in the being prepared for commercial ■ c. In the heading to paragraph (e),
same package by mail. distribution and will include the remove ‘‘Section’’ and add in its place
musical composition; and any other ‘‘section’’.
* * * * * detail or characteristic that may assist in ■ d. In paragraph (e)(2), remove
§ 202.16 [Amended] identifying the particular musical ‘‘name[s]’’ and add in its place
■ 38. Amend § 202.16 as follows: composition. ‘‘name(s)’’ each place it appears, remove
■ a. In paragraph (a), remove ‘‘Section (iv) For literary works in book form, ‘‘claimant[s]’’ and add in its place
408(f) of 17 U.S.C.’’ and add in its place the identifying description should ‘‘claimant(s)’’ each place it appears, and
‘‘17 U.S.C. 408(f).’’. include to the extent known at the time remove ‘‘sixty-seven year’’ and add in
■ b. Revise paragraph (c)(3). of filing: The genre of the book (e.g., its place ‘‘67-year’’.
■ c. In paragraph (c)(5)(ii)(A), italicize biography, novel, history, etc.), and ■ e. In paragraph (e)(3), remove ‘‘(b)(4)’’
the paragraph heading. should include a brief summary of the and add in its place ‘‘(b)(3)’’.
■ d. In paragraph (c)(5)(ii)(B), italicize work including, the subject matter (e.g., ■ f. In paragraph (f)(2), remove
the paragraph heading. a biography of President Bush, a history ‘‘(f)(1)(i)’’ and add in its place ‘‘(f)(1)’’.
■ e. In paragraph (c)(5)(ii)(C), italicize of the war in Iraq, a fantasy novel); a ■ g. In paragraph (g)(1), remove ‘‘U.S.
the paragraph heading. description (where applicable) of the Copyright Office homepage at http://
■ f. Revise paragraphs (c)(6)(i) and plot, primary characters, events, or other www.copyright.go’’ from the second
(c)(6)(iii) through (v). key elements of the content of the work; sentence and add in its place
■ h. In paragraph (c)(6)(vi), remove the and any other salient characteristics of ‘‘Copyright Office website at: http://
last sentence and add in its place ‘‘The the book (e.g., whether it is a later www.copyright.gov’’, remove ‘‘Request.’’
description may also explain the general edition or revision of a previous work, and add in its place ‘‘request.’’, and
presentation (e.g., the lighting, as well as any other detail which may remove ‘‘§ 201.1’’ and add in its place
background scenery, positioning of assist in identifying the literary work in ‘‘§ 201.1(b)’’.
elements of the subject matter as it is book form). ■ h. In paragraph (h)(3)(vii), remove
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seen in the photographs), and should (v) For computer programs (including ‘‘[effective’’ and add in its place
provide any locations and events, if videogames), the identifying description ‘‘(effective’’ and remove ‘‘1988]’’ and
applicable, associated with the should include to the extent known at add in its place ‘‘1988)’’.
photographs.’’ the time of filing: The nature, purpose ■ 40. Amend § 202.19 as follows:
■ i. Revise paragraph (c)(10). and function of the computer program, ■ a. In paragraph (a), remove ‘‘, as
■ j. In paragraph (c)(11), remove including the programming language in amended by Pub. L. 94–553’’ and
‘‘Information and Records Division’’ and which it is written and any particular remove ‘‘of these regulations’’.
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![9362 Federal Register / Vol. 82, No. 23 / Monday, February 6, 2017 / Rules and Regulations
acceptable formats on the Copyright ■ a. In the introductory text, designate the Copyright Office and its statutory
Office website. the five undesignated paragraphs as a., mandate, specifically: For legal
(D) Contact with the registration b., c., d., and e., respectively. interpretation of the copyright law;
applicant may be necessary if the ■ b. In paragraph III.A., add a colon to administering the provisions of title 17
Copyright Office cannot access, view, or the end of the term ‘‘Film’’ and add of the U.S.C.; promulgating copyright
examine the content of any particular periods to the ends of paragraphs regulations; advising Congress and other
digital file that has been submitted for III.A.1. through III.A.4. government officials on domestic and
the registration of a work. For purposes ■ c. In paragraph III.B., add a colon to international copyright policy and other
of 17 U.S.C. 410(d), a deposit has not the end of the words ‘‘Video Formats’’ intellectual property issues; determining
been received in the Copyright Office and add periods to the ends of personnel and other resource
until a copy that can be reviewed by the paragraphs III.B.1. through III.B.4. requirements for the Office; organizing
■ d. In paragraph VI.A.1., remove strategic and annual program planning;
Office is received.
‘‘Vocal music:’’ and add in its place and preparing budget estimates for
* * * * * ‘‘Vocal music:’’. inclusion in the budget of the Library of
§ 202.21 [Amended] ■ e. In paragraph VI.A.1.a., remove Congress and U.S. Government.
‘‘accompaniment—’’ and add in its (b) The Office of the Chief of
■ 42. Amend § 202.21 as follows:
place ‘‘accompaniment:’’. Operations is headed by the Chief of
■ a. In paragraph (a), remove ‘‘and to’’ ■ f. In paragraph VI.A.2., remove
from the first sentence and add in its Operations (‘‘COO’’), who advises the
‘‘Instrumental music:’’ and add in its Register on core business functions and
place ‘‘and’’ and remove the phrase ‘‘of place ‘‘Instrumental music:’’.
these regulations’’. coordinates and directs the day-to-day
■ g. In paragraph VIII.A., add a colon to operations of the Copyright Office. The
■ b. In paragraph (g)(1)(i) introductory the end of the word ‘‘Programs’’. Office of the COO supervises human
text, remove ‘‘and description’’ and add ■ h. In paragraph VIII.A.3., remove
capital, the administration of certain
in its place ‘‘and a description’’. ‘‘Format:’’ and add in its place statutory licenses, mandatory deposits
■ c. In paragraph (h), remove the phrase ‘‘Format:’’. and acquisitions, and strategic planning
‘‘of these regulations’’. ■ i. In paragraph VIII.B.4., remove
functions. This Office interacts with
‘‘Format’’ and add in its place every other senior management office
§ 202.22 [Amended] ‘‘Format:’’.
43. Amend § 202.22 as follows: that reports to the Register and
■ ■ j. In paragraph IX.A., add a colon to
frequently coordinates and assesses
■ a. In paragraph (c)(8), remove ‘‘Web the end of the word ‘‘Serials’’.
■ k. In paragraph IX.A.1., add a colon to
institutional projects. The COO chairs
site’’ and add in its place ‘‘website’’.
the end of the word ‘‘Format’’. the Copyright Office’s operations
■ b. In paragraph (f)(1)(i), remove the
committee. The following divisions fall
phrase ‘‘not later than’’ and add in its under the oversight of the COO:
place the phrase ‘‘no later than’’. PART 203—FREEDOM OF
INFORMATION ACT: POLICIES AND (1) The Receipt Analysis and Control
§ 202.23 [Amended] PROCEDURES Division is responsible for sorting,
analyzing, and scanning incoming mail;
■ 44. Amend § 202.23 as follows: ■ 47. The authority citation for part 203 creating initial records; labeling
■ a. In paragraph (a)(1), remove continues to read as follows: materials; and searching, assembling,
‘‘708(a)(11)’’ and add in its place and dispatching electronic and
Authority: 17 U.S.C. 702, 5 U.S.C. 552, as
‘‘708(a)’’. amended. hardcopy materials and deposits to the
■ b. In paragraph (b)(2), remove ‘‘Chief, ■ 48. Revise § 203.2 to read as follows: appropriate service areas. The Division
Information and Records Division of the is responsible for operating the
Copyright Office,’’ and add in its place § 203.2 Authority and functions.
Copyright Office’s central print room,
‘‘Director of the Office of Public Records The administration of the copyright mail functions, and temporary storage.
and Repositories at the address law was entrusted to the Library of The Division also processes all
specified in § 201.1(b)(1) of this Congress by an act of Congress in 1870, incoming fees and maintains accounts,
chapter,’’ and remove ‘‘(i)’’ and ‘‘(ii)’’. and the Copyright Office has been a related records, and reports involving
■ c. In paragraph (c)(2), remove the separate department of the Library since fees received.
word ‘‘of’’ after ‘‘§ 202.20’’. 1897. The statutory functions of the (2) The Licensing Division
■ d. In paragraph (e)(1), remove Copyright Office are contained in and administers certain statutory licenses set
‘‘708(a)(11)’’ and add in its place carried out in accordance with the forth in the Copyright Act. The Division
‘‘708(a)’’ and add ‘‘of this chapter’’ after Copyright Act. collects royalty payments and examines
‘‘§ 201.3(d)’’. ■ 49. Amend § 203.3 as follows: statements of account for the cable
■ e. In paragraph (e)(2), add ‘‘of this ■ a. Remove paragraphs (a) through (d). statutory license (17 U.S.C. 111), the
■ b. Redesignate paragraphs (e) through
chapter’’ after ‘‘§ 201.3(d)’’ and remove satellite statutory license for
‘‘Register of Copyrights’’ and add in its (g) as paragraphs (j) through (l), retransmission of distant television
place ‘‘U.S. Copyright Office’’. respectively. broadcast stations (17 U.S.C. 119), and
■ c. Add new paragraphs (a) through (i).
the statutory license for digital audio
§ 202.24 [Amended] ■ d. Revise paragraph (h).
■ e. In newly redesignated paragraph
recording technology (17 U.S.C. chapter
■ 45. Amend § 202.24 as follows: 10). The Division also accepts and
(k), remove ‘‘Avenue SE, Washington,
■ a. In paragraphs (a)(1) and (c)(1) and records documents associated with the
DC’’ and add in its place ‘‘Avenue, SE.,
(2) by removing ‘‘of these regulations’’. use of the mechanical statutory license
Washington, DC’’.
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■ b. In paragraph (d)(1)(i) by removing ■ f. Add paragraph (m). (17 U.S.C. 115).
‘‘section 407(d) of Title 17’’ and adding The revisions and additions read as (3) The Copyright Acquisitions
in its place ‘‘17 U.S.C. 407(d)’’. follows: Division administers the mandatory
deposit requirements of the Copyright
Appendix B to Part 202 [Amended] § 203.3 Organization. Act, acting as an intermediary between
■ 46. Amend appendix B to part 202 as (a) The Office of the Register of copyright owners of certain published
follows: Copyrights has overall responsibility for works and the acquisitions staff in the
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Library of Congress. 17 U.S.C. 407. This (f) The Office of Public Information management and access, and related
Office creates and updates records for and Education is headed by the public services, as well as certain
the copies received by the Copyright Associate Register for Public internal and external help-desk
Office; demands particular works or Information and Education, who is an functions.
particular formats of works as necessary; expert copyright attorney and one of (i) The Chief Financial Officer
and administers deposit agreements four legal advisors to the Register. This (‘‘CFO’’) is a senior staff position that
between the Library and copyright Office informs and helps carry out the serves under the Register and oversees
owners. work of the Register and the Copyright all fiscal, financial, budgetary, and
(c) The Office of the General Counsel Office in providing authoritative procurement-related activities for the
is headed by the General Counsel and information about the copyright law to Copyright Office.
Associate Register of Copyrights, who is the public and establishing educational * * * * *
an expert copyright attorney and one of programs. The Office publishes the (m) The U.S. Copyright Office makes
four legal advisors to the Register. This copyright law and other provisions of certain documents and records available
Office assists the Register in carrying title 17 of the U.S.C.; maintains a robust to the public in electronic format
out critical work of the Copyright Office and accurate public website; creates and pursuant to 5 U.S.C. 552(a)(2).
regarding the legal interpretation of the distributes a variety of circulars, Copyright Office records in machine-
copyright law. The General Counsel information sheets, and newsletters, readable form cataloged from January 1,
liaises with the Department of Justice, including NewsNet; responds to public 1978, to the present, including
other federal departments, and the legal inquiries regarding provisions of the information regarding registrations and
community on a wide range of copyright law, explaining registration policies, recorded documents, are available on
matters including litigation and the procedures, and other copyright-related the Office’s website. Frequently
administration of title 17 of the U.S.C. topics upon request; plans and executes requested Copyright Office circulars,
The General Counsel also has primary a variety of educational activities; and announcements, recently proposed
responsibility for the formulation and engages in outreach with various regulations, as well as final regulations
promulgation of regulations and the copyright community stakeholders. are also available on the Office’s
adoption of legal positions governing (g) The Office of Public Records and website. The address for the Office’s
policy matters and the practices of the Repositories is headed by the Director, website is www.copyright.gov.
Copyright Office. who is an expert in public
administration and one of the Register’s § 203.4 [Amended]
(d) The Office of Policy and
top business advisors. This Office is ■ 50. Amend § 203.4 as follows:
International Affairs is headed by the
responsible for carrying out major ■ a. In paragraph (c), remove ‘‘Avenue,
Associate Register of Copyrights and
provisions of title 17 of the U.S.C., SE’’ and add in its place ‘‘Avenue SE.’’.
Director of Policy and International
including establishing records policies; ■ b. In paragraph (d), remove from the
Affairs, who is an expert copyright
ensuring the storage and security of second sentence ‘‘, Information and
attorney and one of four legal advisors copyright deposits, both analog and
to the Register. This Office assists the Publications Section, Information and
digital; recording licenses and transfers Reference Division, Copyright Office,
Register with critical policy functions of of copyright ownership; preserving,
the Copyright Office, including Library of Congress, Washington, DC
maintaining, and servicing copyright 20559–6000,’’ and add in its place ‘‘at
domestic and international policy related records; researching and
analyses, legislative support, and trade the address specified in § 201.1(c)(1) of
providing certified and non-certified this chapter’’, remove ‘‘Avenue, SE,’’
negotiations. Policy and International reproductions of copyright deposits; and
Affairs represents the Copyright Office and add in its place ‘‘Avenue SE.,’’ and
maintaining the official records of the remove in the last sentence ‘‘Office
at meetings of government officials Copyright Office. Additionally, the
concerned with the international response’’ and add in its place ‘‘Office’s
Office engages regularly in discussions response’’.
aspects of intellectual property with leaders in the private and public ■ c. Revise paragraphs (f) and (g).
protection, and provides regular support sectors regarding issues of metadata, ■ d. In paragraph (i)(2), remove ‘‘ten
to Congress and its committees on interoperability, data management, and (10)’’ and add in its place ‘‘10’’.
statutory amendments and construction. open government. The revisions read as follows:
(e) The Office of Registration Policy (h) The Office of the Chief
and Practice is headed by the Associate Information Officer is headed by the § 203.4 Methods of operation.
Register of Copyrights and Director of Chief Information Officer (‘‘CIO’’), who * * * * *
Registration Policy and Practice, who is is the Register’s top advisor on the (f) The Office will respond to all
an expert copyright attorney and one of development and implementation of properly marked mailed requests and all
four legal advisors to the Register. This technology policy and infrastructure. personally delivered written requests for
Office administers the U.S. copyright The Office of the CIO provides strategic records within 20 working days of
registration system and advises the leadership and direction for necessary receipt by the Supervisory Copyright
Register of Copyrights on questions of planning, design, development, and Information Specialist. If it is
registration policy and related implementation of the Copyright determined that an extension of time
regulations and interpretations of Office’s automated initiatives. The greater than 10 working days is
copyright law. This Office has three Office of the CIO is a liaison to the necessary to respond to a request due to
divisions: Literary, Performing Arts, and central technology office of the Library unusual circumstances, as defined in
Visual Arts. It also has a number of of Congress, which administers the paragraph (h) of this section, the
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specialized sections, for example, in the Copyright Office’s networks and Supervisory Copyright Information
area of motion pictures. This Office communications. The CIO also Specialist shall so notify the requester
executes major sections of the supervises the Copyright Technology and give the requester the opportunity
Compendium of Copyright Office Office. The Copyright Technology Office to:
Practices, particularly with respect to maintains certain Copyright Office (1) Limit the scope of the request so
the examination of claims and related enterprise-wide IT systems for that it may be processed within 20
principles of law. registration, recordation, public records working days; or
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![9364 Federal Register / Vol. 82, No. 23 / Monday, February 6, 2017 / Rules and Regulations
(2) Arrange with the Office an ■ c. In paragraph (d), remove ‘‘Records’’ statement will be attached to the
alternative time frame for processing the and add in its place ‘‘records’’. requester’s record and included in any
request or a modified request. future disclosure of such record. If the
(g) If a request is denied, the written § 204.5 [Amended] requester is dissatisfied with the
notification will include the basis for ■ 54. Amend § 204.5 as follows: agency’s final determination, the
the denial, names of all individuals who ■ a. In paragraph (a), remove ‘‘Copyright individual may bring a civil action
participated in the determination, and Information Section, Copyright GC/I&R’’ against the Office in the appropriate
procedures available to appeal the and add in its place ‘‘U.S. Copyright United States district court.
determination. If a requester wishes to Office’’, remove ‘‘20024’’ and add in its
appeal a denial of some or all of his or place ‘‘20024–0400’’, and remove the PART 205—LEGAL PROCESSES
her request for information, he or she phrase ‘‘Avenue, SE’’ and add in its
place the phrase ‘‘Avenue SE.’’. ■ 57. The authority citation for part 205
must make an appeal in writing within
■ b. In paragraph (b), remove ‘‘Office’’
continues to read as follows:
30 calendar days of the date of the
Office’s denial. The request should be and add in its place ‘‘Office’s’’. Authority: 17 U.S.C. 702.
directed to the General Counsel of the ■ 58. Revise § 205.1 to read as follows:
§ 204.7 [Amended]
United States Copyright Office at the
address specified in § 201.1(c)(1) of this ■ 55. Amend § 204.7 as follows: § 205.1 Definitions.
chapter. The appeal should be clearly ■ a. In paragraph (a), remove ‘‘Copyright For the purpose of this part:
labeled ‘‘Freedom of Information Act Information Section, Copyright GC/I&R’’ Demand means an order, subpoena or
Appeal.’’ The appeal shall include a and add in its place ‘‘U.S. Copyright any other request for documents or
statement explaining the basis for the Office’’, remove ‘‘20024’’ and add in its testimony for use in a legal proceeding.
appeal. Determinations of appeals will place ‘‘20024–0400’’ and remove Document means any record or paper
be set forth in writing and signed by the ‘‘Avenue, SE’’ and add in its place held by the Copyright Office, including,
General Counsel or his or her delegate ‘‘Avenue SE.’’. without limitation, official letters,
within 20 working days. If, on appeal, ■ b. In paragraph (b), remove ‘‘for Office deposits, recordations, registrations,
the denial is upheld in whole or in part, response’’ and add in its place ‘‘for the publications, or other material
the written determination will include Office’s response’’, remove ‘‘section submitted in connection with a claim
the basis for the appeal denial and will 408(d) of Pub. L. 94–553’’ and add in its for registration of a copyrighted work.
also contain a notification of the place ‘‘17 U.S.C. 408(d)’’ and remove ‘‘, Employee means any current or
provisions for judicial review and the the Office response’’ and add in its former officer or employee of the
names of the persons who participated place ‘‘, the Office’s response’’. Copyright Office, as well as any
in the determination. ■ 56. Revise § 204.8 to read as follows: individual subject to the jurisdiction,
* * * * * supervision, or control of the Copyright
§ 204.8 Appeal of refusal to correct or Office.
§ 203.6 [Amended] amend an individual’s record. General Counsel, unless otherwise
■ 51. Amend § 203.6 as follows: (a) An individual who disagrees with specified, means the General Counsel
■ a. In paragraph (a), remove a refusal of the Copyright Office to and Associate Register of Copyrights or
‘‘themseleves’’ from the last sentence amend his or her record may request a his or her designee.
and add in its place ‘‘themselves’’. review of the denial. The individual Legal proceeding means any pretrial,
■ b. In paragraph (e): should submit a written appeal to the trial, and post-trial stages of existing or
■ i. From the first sentence, remove General Counsel of the United States reasonably anticipated judicial or
‘‘amoun t’’ and add in its place Copyright Office at the address specified administrative actions, hearings,
‘‘amount’’, remove ‘‘praticable’’ and add in § 201.1(c)(1) of this chapter. Appeals, investigations, or similar proceedings
in its place ‘‘practicable’’, remove ‘‘his and the envelopes containing them, before courts, commissions, boards or
willingness’’ and add in its place ‘‘a should be plainly marked ‘‘Privacy Act other tribunals, foreign or domestic.
willingness’’. Appeal.’’ Failure to so mark the appeal This phrase includes all phases of
■ ii. From the last sentence, remove may delay the General Counsel’s discovery as well as responses to formal
‘‘offer him’’ and add in its place ‘‘offer response. An appeal should contain a or informal requests by attorneys or
the requester’’, remove ‘‘his request’’ copy of the request for amendment or others involved in legal proceedings.
and add in its place ‘‘the request’’, and correction and a copy of the record This phrase also includes state court
remove the ‘‘his needs’’ and add in its alleged to be untimely, inaccurate, proceedings (including grand jury
place ‘‘the requester’s needs’’. incomplete, or irrelevant. proceedings) and any other state or local
(b) The General Counsel will issue a legislative and administrative
PART 204—PRIVACY ACT: POLICIES written decision granting or denying the proceedings.
AND PROCEDURES appeal within 30 working days after Office means the Copyright Office,
■ 52. The authority citation continues to receipt of the appeal unless, after including any division, section, or
read as follows: showing good cause, the General operating unit within the Copyright
Counsel extends the 30-day period. If Office.
Authority: 17 U.S.C. 702; 5 U.S.C. 552(a).
the appeal is granted, the requested Official business means the
§ 204.4 [Amended] amendment or correction will be made authorized business of the Copyright
■ 53. Amend § 204.4 as follows: promptly. If the appeal is denied, in Office.
■ a. In paragraph (a), remove ‘‘Copyright whole or in part, the General Counsel’s Testimony means a statement in any
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Information Section, Copyright GC/I&R, decision will set forth reasons for the form, including a personal appearance
P.O. Box 70400,, Washington, DC denial. Additionally, the decision will before a court or other legal tribunal, an
20024’’ and add in its place ‘‘U.S. advise the requester that he or she has interview, a deposition, an affidavit or
Copyright Office, P.O. Box 70400, the right to file with the Copyright declaration under penalty of perjury
Washington, DC 20024–0400’’. Office a concise statement of his or her pursuant to 28 U.S.C. 1746, a
■ b. In paragraph (b), remove ‘‘Office’’ reasons for disagreeing with the refusal telephonic, televised, or videotaped
and add in its place ‘‘Office’s’’. to amend the record and that such statement or any response given during
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![Federal Register / Vol. 82, No. 23 / Monday, February 6, 2017 / Rules and Regulations 9365
discovery or similar proceeding, which add in its place ‘‘General Counsel of the to be used for all applications. Copies of
response would involve more than the Copyright Office’’ and remove the form are available free from the
production of documents, including a ‘‘Copyright General Counsel’’ and add Copyright Office website or upon
declaration under 35 U.S.C. 25 or a in its place ‘‘General Counsel’’. request to the Copyright Information
declaration under penalty of perjury ■ e. In the heading to paragraph (f), Section, U.S. Copyright Office, Library
pursuant to 28 U.S.C. 1746. remove the colon and add in its place of Congress, Washington, DC 20559–
United States means the Federal a period and remove the space between 6000.
Government, its departments and the heading and paragraph (f)(1). * * * * *
agencies, individuals acting on behalf of (d) Registration as a single work.
the Federal Government, and parties to § 205.23 [Amended]
Subject to the exception specified in
the extent they are represented by the ■ 65. Amend § 205.23 as follows: paragraph (c)(2) of this section, for
United States. ■ a. Redesignate paragraph (b)(4) as purposes of registration on a single
paragraph (c). application and upon payment of a
§ 205.2 [Amended] ■ b. In newly redesignated paragraph
single fee, the following shall be
■ 59. Amend § 205.2 as follows: (c), remove ‘‘these limitations’’ and add considered a single work:
■ a. In paragraph (a), remove ‘‘, in its place ‘‘the limitations set forth in
Copyright GC/I&R, P.O. Box 70400, paragraph (b) of this section’’ and * * * * *
Washington, DC 20024–0400’’ and add remove ‘‘of this part’’. (2) In the case of a mask work that has
in its place ‘‘at the address specified in been commercially exploited: All
§ 201.1(c)(1) of this chapter’’. PART 210—COMPULSORY LICENSE original mask work elements fixed in a
■ b. In paragraph (b), remove the comma FOR MAKING AND DISTRIBUTING semiconductor chip product at the time
after ‘‘Avenue’’. PHYSICAL AND DIGITAL that product was first commercially
PHONORECORDS FOR exploited and in which the owner or
§§ 205.6 through 205.10 [Added and NONDRAMATIC MUSICAL WORKS owners of the mask work is or are the
Reserved] same.
■ 60. Add and reserve §§ 205.6 through ■ 66. The authority citation for part 210 * * * * *
205.10 to subpart A. continues to read as follows: ■ 72. Amend § 211.5 as follows:
Authority: 17 U.S.C. 115, 702. ■ a. In paragraph (b) introductory text,
§ 205.11 [Amended]
remove ‘‘of these regulations’’.
■ 61. Amend § 205.11 in paragraph (a) § 210.15 [Amended]
■ b. Redesignate paragraph (b)(2) as
by removing ‘‘Office response’’ from the ■ 67. Amend § 210.15 introductory text paragraph (b)(3).
fourth sentence and adding in its place by removing the term ‘‘Permanently’’ ■ c. Designate the undesignated
‘‘the Office’s response’’. and adding in its place the term paragraph preceding newly redesignated
‘‘permanently’’. paragraph (b)(3) as paragraph (b)(2).
§ 205.13 [Amended]
■ d. In newly redesignated paragraph
■ 62. Amend § 205.13 by removing ‘‘, § 210.17 [Amended]
GC/I&R, P.O. Box 70400, Washington, (b)(3)(i), remove the space between
■ 68. Amend § 210.17 as follows: ‘‘(b)(1)’’ and ‘‘(i)’’.
DC 20024–0400’’ and adding in its place ■ a. In paragraph (d)(3)(ix), remove ■ e. Revise paragraphs (c)(1) and (2).
‘‘at the address specified in § 201.1(c)(1) ‘‘Compact’’ and add in its place ■ f. In paragraph (d), remove ‘‘granted.,’’
of this chapter’’ and by removing the ‘‘compact’’ and remove ‘‘Limited’’ and
comma after ‘‘Avenue’’. and add in its place ‘‘granted.’’ and
add in its place ‘‘limited’’. remove ‘‘for Registration Program,
■ b. In paragraph (h), remove ‘‘6’’ from
§§ 205.14 through 205.20 [Added and Library of Congress, Copyright Office—
Reserved] the second sentence and add in its place RPO, 101 Independence Avenue, SE,
‘‘six’’. Washington, DC 20559–6200,’’ and add
■ 63. Add and reserve §§ 205.14 through
205.20 to subpart B. PART 211—MASK WORK in its place ‘‘of Copyrights and Director
PROTECTION of Registration Policy and Practice, P.O.
§ 205.22 [Amended] Box 70400, Washington, DC 20024–
■ 64. Amend § 205.22 as follows: ■ 69. The authority citation for part 211 0400,’’.
■ a. In paragraph (a) introductory text, is revised to read as follows: The revisions read as follows:
remove ‘‘Web site’’ and add in its place Authority: 17 U.S.C. 702, 908.
‘‘website’’. § 211.5 Deposit of identifying material.
■ b. In paragraph (a)(2), remove ‘‘(e.g., § 211.1 [Amended] * * * * *
37 CFR, Chapter II; Compendium II, ■ 70. Amend § 211.1 in paragraph (a) by (c) * * *
Compendium of Copyright Office removing ‘‘shall be addressed to: Library (1) Mask works commercially
Practices’’ and add in its place ‘‘(e.g., 37 of Congress, Department MW, exploited. For commercially exploited
CFR, Chapter II; Compendium of U.S. Washington, DC 20540’’ and adding in mask works no more than two layers of
Copyright Office Practices, Third its place ‘‘should be sent to the address each five or more layers in the work. In
Edition’’ and remove ‘‘Copyright specified in § 201.1(b) of this chapter’’. lieu of the visually perceptible
General Counsel’’ and add in its place ■ 71. Amend § 211.4 by revising representations required under
‘‘General Counsel of the Copyright paragraphs (b)(1), (d) introductory text, paragraphs (b)(1) and (2) of this section,
Office’’. and (d)(2) to read as follows: identifying portions of the withheld
■ c. In paragraph (b), remove ‘‘Counsel, material must be submitted. For these
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no’’ and add in its place ‘‘Counsel of the § 211.4 Registration of claims of purposes, ‘‘identifying portions’’ shall
Copyright Office, no’’ and remove protection in mask works. mean:
‘‘Copyright General Counsel’’ and add * * * * * (i) A printout of the mask work design
in its place ‘‘General Counsel of the (b) * * * data pertaining to each withheld layer,
Copyright Office’’. (1) For purposes of registration of reproduced in microform; or
■ d. In paragraph (c), remove mask work claims, the Register of (ii) Visually perceptible
‘‘Copyright Office General Counsel’’ and Copyrights has designated ‘‘Form MW’’ representations in accordance with
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![9366 Federal Register / Vol. 82, No. 23 / Monday, February 6, 2017 / Rules and Regulations
paragraphs (b)(1)(i), (ii), or (iii) and § 212.4 [Amended] information collection associated with
(b)(2) of this section with those portions ■ 79. Amend § 212.4 in paragraph (a)(2) rules adopted in the Commission’s
containing sensitive information by adding ‘‘hull’’ after ‘‘vessel’’. document Implementation of the
maintained under a claim of trade Twenty-First Century Communications
secrecy blocked out, provided that the § 212.5 [Amended] and Video Accessibility Act of 2010,
portions remaining are greater than ■ 80. Amend § 212.5 as follows: Section 105, Relay Services for Deaf-
those which are blocked out. ■ a. In paragraphs (a) through (c), Blind Individuals, Report and Order
(2) Mask work not commercially remove ‘‘of a vessel’’ and add in its (Report and Order). This document is
exploited. (i) For mask works not place ‘‘of a vessel design’’. consistent with the Report and Order,
■ b. In paragraph (d), remove ‘‘to: Dept. which stated that the Commission
commercially exploited falling under
paragraph (b)(3)(i) of this section, any D–VH, Vessel Hull Registration, P.O. would publish a document in the
layer may be withheld. In lieu of the Box 71380, Washington, DC 20024– Federal Register announcing the
visually perceptible representations 1380’’ and add in its place ‘‘to the effective date of those rules.
required under paragraph (b)(3) of this address specified in § 201.1(b)(2) of this
DATES: 47 CFR 64.6207, published at 81
section, ‘‘identifying portions’’ shall chapter’’.
FR 65948, September 26, 2016, is
mean: § 212.6 [Amended] effective February 6, 2017. 47 CFR
(A) A printout of the mask work ■ 81. Amend § 212.6 by removing 64.6209, 64.6211, 64.6213, 64.6215,
design data pertaining to each withheld ‘‘design protection of vessel’’ and 64.6217, and 64.6219, published at 81
layer, reproduced in microform, in adding in its place ‘‘the protection of FR 65948, September 26, 2016, are
which sensitive information maintained vessel designs’’. effective July 1, 2017.
under a claim of trade secrecy has been FOR FURTHER INFORMATION CONTACT:
blocked out or stripped; or § 212.8 [Amended]
Rosaline Crawford, Disability Rights
(B) Visually perceptible ■ 82. Amend § 212.8 as follows: Office, Consumer and Governmental
representations in accordance with ■ a. In paragraph (c)(1)(iv), remove
Affairs Bureau, at (202) 418–2075, or
paragraph (b)(3)(i) of this section with ‘‘designers of the vessel’’ and add in its
email Rosaline.Crawford@fcc.gov.
those portions containing sensitive place ‘‘designers of the vessel design’’.
■ b. In paragraph (c)(2), remove ‘‘he’’ SUPPLEMENTARY INFORMATION: This
information maintained under a claim
and add in its place ‘‘the’’, remove the document announces that, on January
of trade secrecy blocked out, provided
comma after ‘‘Avenue’’, and remove 17, 2017, OMB approved, for a period of
that the portions remaining are greater
‘‘Web site’’ and add in its place three years, the information collection
than those which are blocked out.
‘‘website’’. requirements contained in the
(ii) The identifying portions shall be Commission’s Report and Order, FCC
accompanied by a single photograph of PARTS 253, 254, 255, 256, 258, 260– 16–101, published at 81 FR 65948,
the top or other visible layers of the 263, and 270—[REMOVED AND September 26, 2016. The OMB Control
mask work fixed in a semiconductor RESERVED] Number is 3060–1225. The Commission
chip product in which the sensitive publishes this notice as an
information maintained under a claim ■ 83. Remove and reserve parts 253,
announcement of the effective date of
of trade secrecy has been blocked out, 254, 255, 256, 258, 260, 261, 262, 263,
the rules. If you have any comments on
provided that the blocked out portions and 270.
the burden estimates listed below, or
do not exceed the remaining portions. Dated: November 21, 2016. how the Commission can improve the
* * * * * Karyn Temple Claggett, collections and reduce any burdens
Acting Register of Copyrights and Director caused thereby, please contact Cathy
PART 212—PROTECTION OF VESSEL of the U.S. Copyright Office. Williams, Federal Communications
DESIGNS Commission, Room 1–C823, 445 12th
Approved by:
Carla D. Hayden, Street SW., Washington, DC 20554.
■ 73. The authority citation for part 212
Librarian of Congress.
Please include the OMB Control
continues to read as follows:
Number, 3060–1225, in your
Authority: 17 U.S.C. chapter 13. [FR Doc. 2016–29625 Filed 2–3–17; 8:45 am]
correspondence. The Commission will
BILLING CODE 1410–30–P
■ 74. Revise the heading of part 212 to also accept your comments via the
read as set forth above. Internet if you send them to PRA@
■ 75. In part 212, remove the terms fcc.gov.
FEDERAL COMMUNICATIONS To request materials in accessible
‘‘hull’’ and ‘‘hulls’’ each place they
COMMISSION formats for people with disabilities
appear.
47 CFR Part 64 (Braille, large print, electronic files,
§ 212.1 [Amended] audio format), send an email to fcc504@
■ 76. Amend § 212.1 by removing [CG Docket No. 10–210; FCC 16–101] fcc.gov or call the Consumer and
‘‘vessel’’ and adding in its place Governmental Affairs Bureau at (202)
‘‘vessels’’. Relay Services for Deaf-Blind 418–0530 (voice), (844) 432–2275
Individuals (videophone), or (202) 418–0432 (TTY).
§ 212.2 [Amended]
AGENCY: Federal Communications Synopsis
■ 77. Amend § 212.2 by removing Commission.
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‘‘vessel’’ and adding in its place ACTION: Final rule; announcement of As required by the Paperwork
‘‘vessels’’. effective date. Reduction Act of 1995 (44 U.S.C. 3507),
the FCC is notifying the public that it
§ 212.3 [Amended] SUMMARY: In this document, the received OMB approval on January 17,
■ 78. Amend § 212.3 in paragraph (h) Commission announces that the Office 2017, for the information collection
introductory text by removing ‘‘6’’ and of Management and Budget (OMB) has requirements contained in the
adding in its place ‘‘six’’. approved, for a period of three years, the Commission’s rules at 47 CFR 64.6207,
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Document Created: 2017-02-04 00:25:15
Document Modified: 2017-02-04 00:25:15
| 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 March 8, 2017. | |
| Contact | Sarang V. Damle, General Counsel and Associate Register of Copyrights, [email protected]; Regan A. Smith, Deputy General Counsel, [email protected]; or Erik Bertin, Deputy Director of Registration Policy and Practice, [email protected] Each person can be reached by telephone at 202-707-8040. | |
| FR Citation | 82 FR 9354 | |
| CFR Citation | 37
CFR
201 37 CFR 202 37 CFR 203 37 CFR 204 37 CFR 205 37 CFR 210 37 CFR 211 37 CFR 212 37 CFR 253 37 CFR 254 37 CFR 255 37 CFR 256 37 CFR 258 37 CFR 260 37 CFR 261 37 CFR 262 37 CFR 263 37 CFR 270 |
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