83 FR 2371 - Simplifying Deposit Requirements for Certain Literary Works and Musical Compositions
LIBRARY OF CONGRESS
Copyright Office Federal Register Volume 83, Issue 11 (January 17, 2018)
Copyright Office
Federal Register Volume 83, Issue 11 (January 17, 2018)
| Page Range | 2371-2372 | |
| FR Document | 2018-00701 |
[Federal Register Volume 83, Number 11 (Wednesday, January 17, 2018)] [Rules and Regulations] [Pages 2371-2372] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-00701] ======================================================================= ----------------------------------------------------------------------- LIBRARY OF CONGRESS Copyright Office 37 CFR Part 202 [Docket No. 2017-9] Simplifying Deposit Requirements for Certain Literary Works and Musical Compositions AGENCY: U.S. Copyright Office, Library of Congress. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The United States Copyright Office is issuing a final rule, amending regulations that govern the deposit requirements for certain types of literary works and musical compositions. The final rule is adopted as proposed in the notice of proposed rulemaking, though the Office provides some clarification regarding the rule's application. DATES: Effective February 16, 2018. FOR FURTHER INFORMATION CONTACT: Sarang V. Damle, General Counsel and Associate Register of Copyrights, by email at [email protected]; Robert J. Kasunic, Associate Register of Copyrights and Director of Registration Policy and Practice, by email at [email protected]; Erik Bertin, Deputy Director of Registration Policy and Practice, by email at [email protected]; or Cindy Abramson, Assistant General Counsel, by email at [email protected]. All can be reached by telephone by calling 202-707- 8040. SUPPLEMENTARY INFORMATION: On August 16, 2017, the Copyright Office published a notice of proposed rulemaking (``NPRM'') to amend the regulations governing the deposit requirements for certain types of literary works (specifically, literary monographs) and musical compositions that are published in print formats. Under the previous regulations, two copies of the best edition were generally needed to register these types of works and to comply with the mandatory deposit requirement. Under the new rule, copyright owners will be able to satisfy both registration deposit and mandatory deposit requirements by submitting one copy of the best edition of the work. In the case of literary monographs, the Office will retain the right to demand a second copy under the mandatory deposit provision should the Library need it. As part of these changes, the rule also clarifies the deposit requirements for musical compositions published both in print and phonorecord formats, requiring the submission of the print version for purposes of copyright registration. If, however, the musical composition is published only as a phonorecord, the applicant should submit a copy of the phonorecord. All of these changes will improve the efficiency of registration and mandatory deposit for both the Office and copyright owners alike, ensuring that the Office has an adequate registration record and continuing to make these works available to the Library of Congress when needed for use in its collections or other disposition. The NPRM explained in detail the rationale for the rule changes.\1\ The Office solicited and received five comments, only two of which were substantive. Having reviewed and carefully considered the comments, the Copyright Office now issues a final rule identical to the proposed rule. While the Office does not believe the comments require any alteration to the rule itself, it does believe that some clarification would be helpful to both the commenters and copyright owners, and is provided here. --------------------------------------------------------------------------- \1\ 82 FR 38859 (Aug. 16, 2017). --------------------------------------------------------------------------- The Association of American Publishers (``AAP'') filed a comment regarding the proposed rule as it relates to the deposit of literary monographs. While the comment appreciates that the rule ``could reduce the financial burdens of publishers with respect to deposit regulations,'' it nevertheless does not support the rule because it takes issue with the Library's disposition of surplus works. AAP Comments at 2. AAP appears to believe that there is no authority in the Copyright Act for the Library's disposition of surplus works and that the only authority comes from the Library's own regulations. AAP Comments at 6- 7. But as discussed in the NPRM, section 704 of the Copyright Act explicitly states that ``[i]n the case of published works, all copies, phonorecords, and identifying material deposited are available to the Library of Congress for its collections, or for exchange or transfer to any other library.'' 17 U.S.C. 704(b) (emphasis added). Furthermore, AAP's concern about the Library's disposition of surplus books would be diminished by adoption of the rule, which limits the volume of works (and thereby any surplus) coming in to the Library in the first place. AAP concedes that the rule should have that result. AAP Comments at 2. In part, a primary goal of the rule is to lessen the burden for publishers. Accordingly, the Office chooses to move forward with the rule as is and anticipates that AAP's members will benefit significantly from the rule. The National Music Publishers' Association (``NMPA'') filed a comment in support of the rule, subject to certain clarifications pertaining to the deposit of musical compositions. Specifically, NMPA wanted to clarify that ``where musical works are originally published solely as phonorecords, and such musical works are properly deposited and registered in accordance with the statutory and regulatory directives . . . that the later publication of the same musical work in the form of a `copy' does not create an additional burden to subsequently deposit and register the work in `copy' form.'' NMPA Comments at 2. The Office confirms that a later publication in the form of a ``copy'' does not create an additional deposit requirement. As NMPA correctly points out, the Copyright Act defines ``best edition'' as ``the edition, published in the United States at any time before the date of deposit, that the Library of Congress determines to be most suitable for its purposes.'' 17 U.S.C. 101 (emphasis added); NMPA Comments at 4. NMPA believes, and the Office agrees, that this definition limits a ``best edition'' to published works at the time of deposit--that is, at the time the deposit for copyright registration or mandatory deposit is made. NMPA Comments at 4-5. Therefore, if only a phonorecord is published at the time of deposit, a subsequently published ``copy'' would not be a ``best edition'' and not be required for deposit. NMPA proposes language to the rule to clarify any confusion regarding subsequent publication of ``copies.'' The Office believes that the rule in its current form along with the current definition of ``best edition'' is sufficient and no changes need to be made to the rule. List of Subjects in 37 CFR Part 202 Copyright, Preregistration and registration of claims to copyright. Final Regulations For the reasons set forth in the preamble, the Copyright Office amends 37 CFR part 202 as follows: PART 202--GENERAL PROVISIONS 0 1. The authority citation for part 202 continues to read as follows: [[Page 2372]] Authority: 17 U.S.C. 408(f), 702. 0 2. Amend Sec. 202.19 as follows: 0 a. Add paragraph (b)(5). 0 b. In paragraph (d)(2)(v), remove the words ``in copies only,'' and add in their place ``solely in copies,'' and remove the words ``if the only publication of copies in the United States took place by rental, lease, or lending,''. 0 c. Add paragraph (d)(2)(ix). The additions read as follows: Sec. 202.19 Deposit of published copies or phonorecords for the Library of Congress. * * * * * (b) * * * (5) The term literary monograph means a literary work published in one volume or a finite number of volumes. This category does not include serials, nor does it include legal publications that are published in one volume or a finite number of volumes that contain legislative enactments, judicial decisions, or other edicts of government. * * * * * (d) * * * (2) * * * (ix) In the case of published literary monographs, the deposit of one complete copy of the best edition of the work will suffice in lieu of the two copies required by paragraph (d)(1) of this section, unless the Copyright Office issues a demand for a second copy pursuant to 17 U.S.C. 407(d). * * * * * 0 3. Amend Sec. 202.20 as follows: 0 a. Revise paragraph (b)(3). 0 b. Remove paragraph (b)(4). 0 c. Redesignate paragraph (b)(5) as paragraph (b)(4). 0 d. In paragraphs (c)(2)(i)(A) through (D), remove the semicolon and add a period in its place at the end of each sentence. 0 e. Revise paragraph (c)(2)(i)(E). 0 f. In paragraphs (c)(2)(i)(F) through (I), remove the semicolon and add a period in its place at the end of the sentence. 0 g. In paragraph (c)(2)(i)(J), remove ``; and'' and add a period in its place at the end of the sentence. 0 h. Add paragraph (c)(2)(i)(L). 0 i. In paragraphs (c)(2)(viii)(A) through (D), remove the semicolon and add a period in its place at the end of the sentence. 0 j. In paragraphs (c)(2)(viii)(C) and (D), remove ``an audiocassette or other'' and add in its place ``a''. The revisions and additions read as follows: Sec. 202.20 Deposit of copies and phonorecords for copyright registration. * * * * * (b) * * * (3) The terms secure test and literary monograph have the meanings set forth in Sec. Sec. 202.13(b) and 202.19(b)(5). * * * * * (c) * * * (2) * * * (i) * * * (E) Musical compositions published solely in copies or in both copies and phonorecords, provided that one complete copy (rather than a phonorecord) is deposited. * * * * * (L) Published literary monographs. * * * * * Dated: December 14, 2017. Karyn Temple Claggett, Acting Register of Copyrights and Director of the U.S. Copyright Office. Carla D. Hayden, Librarian of Congress. [FR Doc. 2018-00701 Filed 1-16-18; 8:45 am] BILLING CODE 1410-30-P
![Federal Register / Vol. 83, No. 11 / Wednesday, January 17, 2018 / Rules and Regulations 2371
Dated: December 8, 2017. the mandatory deposit provision should first place. AAP concedes that the rule
Brent J. Fields, the Library need it. should have that result. AAP Comments
Secretary. As part of these changes, the rule also at 2. In part, a primary goal of the rule
[FR Doc. 2018–00625 Filed 1–16–18; 8:45 am] clarifies the deposit requirements for is to lessen the burden for publishers.
BILLING CODE 8011–01–P
musical compositions published both in Accordingly, the Office chooses to move
print and phonorecord formats, forward with the rule as is and
requiring the submission of the print anticipates that AAP’s members will
version for purposes of copyright benefit significantly from the rule.
LIBRARY OF CONGRESS registration. If, however, the musical The National Music Publishers’
composition is published only as a Association (‘‘NMPA’’) filed a comment
Copyright Office phonorecord, the applicant should in support of the rule, subject to certain
submit a copy of the phonorecord. clarifications pertaining to the deposit
37 CFR Part 202 All of these changes will improve the of musical compositions. Specifically,
efficiency of registration and mandatory NMPA wanted to clarify that ‘‘where
[Docket No. 2017–9]
deposit for both the Office and musical works are originally published
Simplifying Deposit Requirements for copyright owners alike, ensuring that solely as phonorecords, and such
Certain Literary Works and Musical the Office has an adequate registration musical works are properly deposited
Compositions record and continuing to make these and registered in accordance with the
works available to the Library of statutory and regulatory directives . . .
AGENCY: U.S. Copyright Office, Library Congress when needed for use in its that the later publication of the same
of Congress. collections or other disposition. musical work in the form of a ‘copy’
ACTION: Final rule. The NPRM explained in detail the does not create an additional burden to
rationale for the rule changes.1 The subsequently deposit and register the
SUMMARY: The United States Copyright Office solicited and received five work in ‘copy’ form.’’ NMPA Comments
Office is issuing a final rule, amending comments, only two of which were at 2. The Office confirms that a later
regulations that govern the deposit substantive. Having reviewed and publication in the form of a ‘‘copy’’ does
requirements for certain types of literary carefully considered the comments, the not create an additional deposit
works and musical compositions. The Copyright Office now issues a final rule requirement.
final rule is adopted as proposed in the identical to the proposed rule. While the As NMPA correctly points out, the
notice of proposed rulemaking, though Office does not believe the comments Copyright Act defines ‘‘best edition’’ as
the Office provides some clarification require any alteration to the rule itself, ‘‘the edition, published in the United
regarding the rule’s application. it does believe that some clarification States at any time before the date of
DATES: Effective February 16, 2018. would be helpful to both the deposit, that the Library of Congress
commenters and copyright owners, and
FOR FURTHER INFORMATION CONTACT: determines to be most suitable for its
is provided here.
Sarang V. Damle, General Counsel and purposes.’’ 17 U.S.C. 101 (emphasis
The Association of American
Associate Register of Copyrights, by Publishers (‘‘AAP’’) filed a comment added); NMPA Comments at 4. NMPA
email at sdam@loc.gov; Robert J. regarding the proposed rule as it relates believes, and the Office agrees, that this
Kasunic, Associate Register of to the deposit of literary monographs. definition limits a ‘‘best edition’’ to
Copyrights and Director of Registration While the comment appreciates that the published works at the time of deposit—
Policy and Practice, by email at rkas@ rule ‘‘could reduce the financial that is, at the time the deposit for
loc.gov; Erik Bertin, Deputy Director of burdens of publishers with respect to copyright registration or mandatory
Registration Policy and Practice, by deposit regulations,’’ it nevertheless deposit is made. NMPA Comments at 4–
email at ebertin@loc.gov; or Cindy does not support the rule because it 5. Therefore, if only a phonorecord is
Abramson, Assistant General Counsel, takes issue with the Library’s published at the time of deposit, a
by email at ciab@loc.gov. All can be disposition of surplus works. AAP subsequently published ‘‘copy’’ would
reached by telephone by calling 202– Comments at 2. not be a ‘‘best edition’’ and not be
707–8040. AAP appears to believe that there is required for deposit.
SUPPLEMENTARY INFORMATION: On August no authority in the Copyright Act for the NMPA proposes language to the rule
16, 2017, the Copyright Office published Library’s disposition of surplus works to clarify any confusion regarding
a notice of proposed rulemaking and that the only authority comes from subsequent publication of ‘‘copies.’’ The
(‘‘NPRM’’) to amend the regulations the Library’s own regulations. AAP Office believes that the rule in its
governing the deposit requirements for Comments at 6–7. But as discussed in current form along with the current
certain types of literary works the NPRM, section 704 of the Copyright definition of ‘‘best edition’’ is sufficient
(specifically, literary monographs) and Act explicitly states that ‘‘[i]n the case and no changes need to be made to the
musical compositions that are published of published works, all copies, rule.
in print formats. phonorecords, and identifying material List of Subjects in 37 CFR Part 202
Under the previous regulations, two deposited are available to the Library of
copies of the best edition were generally Copyright, Preregistration and
Congress for its collections, or for
needed to register these types of works registration of claims to copyright.
exchange or transfer to any other
and to comply with the mandatory library.’’ 17 U.S.C. 704(b) (emphasis Final Regulations
deposit requirement. Under the new added). Furthermore, AAP’s concern For the reasons set forth in the
rule, copyright owners will be able to
ethrower on DSK3G9T082PROD with RULES
about the Library’s disposition of preamble, the Copyright Office amends
satisfy both registration deposit and surplus books would be diminished by 37 CFR part 202 as follows:
mandatory deposit requirements by adoption of the rule, which limits the
submitting one copy of the best edition volume of works (and thereby any PART 202—GENERAL PROVISIONS
of the work. In the case of literary surplus) coming in to the Library in the
monographs, the Office will retain the ■ 1. The authority citation for part 202
right to demand a second copy under 1 82 FR 38859 (Aug. 16, 2017). continues to read as follows:
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![2372 Federal Register / Vol. 83, No. 11 / Wednesday, January 17, 2018 / Rules and Regulations
Authority: 17 U.S.C. 408(f), 702. work will suffice in lieu of the two The revisions and additions read as
■ 2. Amend § 202.19 as follows: copies required by paragraph (d)(1) of follows:
■ a. Add paragraph (b)(5). this section, unless the Copyright Office
issues a demand for a second copy § 202.20 Deposit of copies and
■ b. In paragraph (d)(2)(v), remove the phonorecords for copyright registration.
words ‘‘in copies only,’’ and add in their pursuant to 17 U.S.C. 407(d).
* * * * *
place ‘‘solely in copies,’’ and remove the * * * * *
(b) * * *
words ‘‘if the only publication of copies ■ 3. Amend § 202.20 as follows: (3) The terms secure test and literary
in the United States took place by ■ a. Revise paragraph (b)(3). monograph have the meanings set forth
rental, lease, or lending,’’. ■ b. Remove paragraph (b)(4). in §§ 202.13(b) and 202.19(b)(5).
■ c. Add paragraph (d)(2)(ix).
■ c. Redesignate paragraph (b)(5) as * * * * *
The additions read as follows: paragraph (b)(4). (c) * * *
§ 202.19 Deposit of published copies or ■ d. In paragraphs (c)(2)(i)(A) through (2) * * *
phonorecords for the Library of Congress. (D), remove the semicolon and add a (i) * * *
* * * * * period in its place at the end of each (E) Musical compositions published
(b) * * * sentence. solely in copies or in both copies and
(5) The term literary monograph ■ e. Revise paragraph (c)(2)(i)(E). phonorecords, provided that one
means a literary work published in one ■ f. In paragraphs (c)(2)(i)(F) through (I), complete copy (rather than a
volume or a finite number of volumes. remove the semicolon and add a period phonorecord) is deposited.
This category does not include serials, in its place at the end of the sentence. * * * * *
nor does it include legal publications ■ g. In paragraph (c)(2)(i)(J), remove ‘‘; (L) Published literary monographs.
that are published in one volume or a and’’ and add a period in its place at the * * * * *
finite number of volumes that contain end of the sentence.
legislative enactments, judicial ■ h. Add paragraph (c)(2)(i)(L).
Dated: December 14, 2017.
decisions, or other edicts of government. ■ i. In paragraphs (c)(2)(viii)(A) through Karyn Temple Claggett,
* * * * * (D), remove the semicolon and add a Acting Register of Copyrights and Director
(d) * * * period in its place at the end of the of the U.S. Copyright Office.
(2) * * * sentence. Carla D. Hayden,
(ix) In the case of published literary ■ j. In paragraphs (c)(2)(viii)(C) and (D), Librarian of Congress.
monographs, the deposit of one remove ‘‘an audiocassette or other’’ and [FR Doc. 2018–00701 Filed 1–16–18; 8:45 am]
complete copy of the best edition of the add in its place ‘‘a’’. BILLING CODE 1410–30–P
ethrower on DSK3G9T082PROD with RULES
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Document Created: 2018-10-26 09:55:50
Document Modified: 2018-10-26 09:55:50
| 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 February 16, 2018. | |
| Contact | Sarang V. Damle, General Counsel and Associate Register of Copyrights, by email at [email protected]; Robert J. Kasunic, Associate Register of Copyrights and Director of Registration Policy and Practice, by email at [email protected]; Erik Bertin, Deputy Director of Registration Policy and Practice, by email at [email protected]; or Cindy Abramson, Assistant General Counsel, by email at [email protected] All can be reached by telephone by calling 202-707- 8040. | |
| FR Citation | 83 FR 2371 | |
| CFR Associated | Copyright and Preregistration and Registration of Claims to Copyright |
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