83 FR 4144 - Group Registration of Newspapers

LIBRARY OF CONGRESS
Copyright Office

Federal Register Volume 83, Issue 20 (January 30, 2018)

Page Range		4144-4147
FR Document		2018-01838

The U.S. Copyright Office is amending its regulation governing the group registration option for newspapers. The final rule will make a number of changes to reflect current Office practices, improve the efficiency of the registration process, and encourage broader participation in the registration system by reducing the burden on applicants. Specifically, the final rule revises the definition of ``newspaper issues'' and clarifies that the group registration option may be used to register any qualifying ``newspaper issue.'' The final rule will also require applicants to file an online application rather than a paper application, and upload a complete digital copy of each issue through the Office's electronic registration system instead of submitting them in physical form. Digital copies of newspapers received by the Office under this group registration option will be offered to the Library of Congress for use in its collections, and the Library intends to provide public access to these digital files, subject to the restrictions set forth in the final rule. Applicants may continue to submit their issues on microfilm on a voluntary basis (in addition to and at the same time as submitting digital files) if the microfilm is received by December 31, 2019. After that date, the microfilm option will be eliminated. The final rule clarifies that each issue in the group must be a new collective work and a work made for hire, that the author and copyright claimant for each issue must be the same person or organization, and that the claim must be received within three months after the publication of the earliest issue in the group. Finally, the rule confirms that a group registration covers each issue in the group, as well as any contributions appearing within each issue if they are fully owned by the copyright claimant and if they were first published in those issues.

Federal Register, Volume 83 Issue 20 (Tuesday, January 30, 2018)

[Federal Register Volume 83, Number 20 (Tuesday, January 30, 2018)]
[Rules and Regulations]
[Pages 4144-4147]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-01838]


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LIBRARY OF CONGRESS

Copyright Office

37 CFR Parts 201 and 202

[Docket No. 2017-16]


Group Registration of Newspapers

AGENCY: U.S. Copyright Office, Library of Congress.

ACTION: Final rule.

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SUMMARY: The U.S. Copyright Office is amending its regulation governing 
the group registration option for newspapers. The final rule will make 
a number of changes to reflect current Office practices, improve the 
efficiency of the registration process, and encourage broader 
participation in the registration system by reducing the burden on 
applicants. Specifically, the final rule revises the definition of 
``newspaper issues'' and clarifies that the group registration option 
may be used to register any qualifying ``newspaper issue.'' The final 
rule will also require applicants to file an online application rather 
than a paper application, and upload a complete digital copy of each 
issue through the Office's electronic registration system instead of 
submitting them in physical form. Digital copies of newspapers received 
by the Office under this group registration option will be offered to 
the Library of Congress for use in its collections, and the Library 
intends to provide public access to these digital files, subject to the 
restrictions set forth in the final rule. Applicants may continue to 
submit their issues on microfilm on a voluntary basis (in addition to 
and at the same time as submitting digital files) if the microfilm is 
received by December 31, 2019. After that date, the microfilm option 
will be eliminated. The final rule clarifies that each issue in the 
group must be a new collective work and a work made for hire, that the 
author and copyright claimant for each issue must be the same person or 
organization, and that the claim must be received within three months 
after the publication of the earliest issue in the group. Finally, the 
rule confirms that a group registration covers each issue in the group, 
as well as any contributions appearing within each issue if they are 
fully owned by the copyright claimant and if they were first published 
in those issues.

DATES: Effective March 1, 2018.

FOR FURTHER INFORMATION CONTACT: Robert J. Kasunic, Associate Register 
of Copyrights and Director of Registration Policy and Practice, or Erik 
Bertin, Deputy Director of Registration Policy and Practice, by 
telephone at 202-707-8040, or by email at [email protected] and 
[email protected]; or Anna Bonny Chauvet, Assistant General Counsel, by 
telephone at 202-707-8350, or by email at [email protected].

SUPPLEMENTARY INFORMATION: When Congress enacted the Copyright Act of 
1976 (the ``Act''), it authorized the Register of Copyrights (the 
``Register'') to specify by regulation the administrative classes of 
works for the purpose of seeking a registration, and the nature of the 
deposits required for each such class. In addition, Congress granted 
the Register the discretion to allow groups of related works to be 
registered with one application and one filing fee. See 17 U.S.C. 
408(c)(1). Congress cited ``the various editions or issues of a daily 
newspaper'' as a specific example of a ``group of related works'' that 
would be suitable for a group registration. H.R. Rep. No. 94-1476, at 
154 (1976), reprinted in 1976 U.S.C.C.A.N. 5659, 5770; S. Rep. No. 94-
473, at 136 (1975).
    On November 6, 2017, the Copyright Office (the ``Office'') 
published a notice of proposed rulemaking (``NPRM'') setting forth 
proposed amendments to the current regulation governing the group 
registration option for newspapers. 82 FR 51369 (Nov. 6, 2017). The 
NPRM proposed modifying the requirements for this group registration 
option in several respects. First, the proposed rule would make any 
newspaper, as defined in the regulation, eligible for a group 
registration, regardless of whether the Library of Congress (the 
``Library'') has selected

[[Page 4145]]

that newspaper for its collections. Second, it would require applicants 
to register their newspapers through the Office's electronic 
registration system in lieu of using paper applications. Third, it 
would amend the deposit requirements by requiring applicants to upload 
their newspapers in digital form through the Office's electronic 
registration system. Applicants would no longer be required to submit 
microfilm containing a complete copy of each issue (although they could 
submit microfilm on a voluntary basis, in addition to uploading digital 
copies) if the microfilm is received by December 31, 2019, after which 
the microfilm option would be eliminated. Fourth, applicants would be 
required to submit their claim within three months after the date of 
publication for the earliest issue in the group, rather than the most 
recent issue. Fifth, the proposed rule confirmed that deposits 
submitted for the purpose of group registration would satisfy the 
mandatory deposit requirement under section 407. Sixth, it confirmed 
that the Library may provide limited access to any digital newspaper 
deposits that it receives from the Office under the group registration 
option, subject to certain restrictions. Seventh, the proposed rule 
codified the Office's longstanding position regarding the scope of a 
registration for a group of newspaper issues, namely, that a group 
registration covers each issue in the group, as well as the articles, 
photographs, illustrations, or other contributions appearing within 
each issue--if they are fully owned by the copyright claimant and if 
they were first published in those issues. Finally, the proposed rule 
would implement some technical amendments to address certain 
inconsistencies in the current regulation.
    In response to the NPRM, the Office received comments from the News 
Media Alliance (``NMA''),\1\ the Copyright Alliance, and three 
individuals.\2\ The NMA ``strongly supports the Copyright Office's 
proposal to broaden the eligibility and formatting requirements for 
group registration of newspapers and to permit the submission of 
deposits in digital form rather than on microfilm.'' NMA Comment at 3. 
The Copyright Alliance endorsed NMA's comments and ``joins in 
applauding the Copyright Office for its proposal permitting broader 
group registration for newspapers and accepting deposits in PDF format 
rather than microfilm.'' Copyright Alliance Comment at 1. Of the 
individuals submitting comments, one expressed support for the proposed 
rule, one provided non-substantive comments, and one expressed concern 
about charging a filing fee.\3\
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    \1\ The NMA is a nonprofit organization that represents the 
interests of more than 2,000 newspapers in the United States and 
around the world.
    \2\ All of the comments submitted in response to the NPRM can be 
found on the Copyright Office's website at https://www.copyright.gov/rulemaking/group-newspapers/.
    \3\ The Office notes that the Copyright Act provides that 
``[f]ees shall be paid to the Register of Copyrights'' when ``filing 
each application . . . for registration of a copyright claims.'' 17 
U.S.C. 708(a), (a)(1) (emphasis added). The same individual also 
stated that the regulatory definition of ``newspaper'' should be 
amended to include ``electronic'' publications, because they ``have 
an important presence in our society.'' M. Ibarra Comment at 2. As 
noted in the NPRM, the final rule may be used to register a 
newspaper that is distributed in an electronic format, such as a PDF 
version of a physical publication. To do so, the publisher would 
have to demonstrate that each issue contains a fixed selection of 
content, each issue is distributed as a collective work, and the 
content of each issue does not change once it has been distributed 
to the public. 82 FR at 51373. To the extent the commenter is 
referring to newspaper websites, the Office reiterates that a 
website would not be considered a ``newspaper'' for purposes of this 
group registration option, for the reasons stated in the NPRM. See 
id.
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    Having reviewed and carefully considered the comments, the Office 
now issues a final rule that is almost substantively identical to the 
proposed rule.\4\ The NPRM stated that the Office will allow applicants 
to submit microfilm copies in addition to uploading digital copies (if 
the microfilm is received by December 31, 2019) in case publishers need 
time to develop quality assurance testing to ensure complete digital 
submissions. For avoidance of doubt, the final rule clarifies that 
microfilm copies may be used to cure deficiencies in the digital files 
at the Register's discretion. The final rule also clarifies that the 
microfilm copies must be submitted at the same time as the application, 
but the effective date of registration for this group option will be 
the date on which the Office receives an acceptable application, the 
digital files, and the proper filing fee.
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    \4\ A few technical changes have been made to account for recent 
amendments resulting from other rulemakings. See, e.g., 82 FR 29410 
(Nov. 13, 2017).
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    The NMA asked the Office to clarify when the final rule will go 
into effect. As stated above, the final rule takes effect on March 1, 
2018. Under the final rule, applicants will be required to submit their 
claims within three months after the date of publication for the 
earliest issue in the group. Thus, the final rule may be used to 
register newspaper issues published on or after December 1, 2017, 
provided that the claim is received in a timely manner.\5\ Because 
applicants will be required to include a full month of issues in each 
claim, and because they will be required to submit their claims within 
three months after the publication of the earliest issue in the group 
(rather than the most recent issue), it makes sense for the final rule 
to go into effect on the first day of March 2018.
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    \5\ Issues published in October 2017 and November 2017 may be 
registered under the regulation currently set forth in Sec.  
202.3(b)(7), provided that the claim is received within three months 
after the date of publication for the most recent issue in the 
group. Issues published before October 1, 2017 are no longer 
eligible for the group registration option, and thus, would have to 
be registered on an individual basis. See 37 CFR 202.3(b)(7)(i)(F).
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    The NMA also asked the Office to provide more information on what 
publishers will be expected to do when the final rule goes into effect. 
The Office is developing several new resources in response to this 
request. The Office will prepare a video tutorial explaining how to 
complete the application for the group registration option for 
newspapers, as well as revise the ``help text'' within the application 
itself to reflect the new registration requirements. In addition, the 
Office will update its various circulars discussing the Office's 
practices and procedures for this group registration option, and the 
Office intends to make similar changes to the sections of the 
Compendium of U.S. Copyright Office Practices, Third Edition that 
discuss this option.

List of Subjects

37 CFR Part 201

    Copyright, General provisions.

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 parts 201 and 202 as follows:

PART 201--GENERAL PROVISIONS

0
1. The authority citation for part 201 continues to read as follows:

    Authority: 17 U.S.C. 702.


0
2. In Sec.  201.1, add a sentence at the end of paragraph (c)(6) to 
read as follows:


Sec.  201.1   Communication with the Copyright Office.

* * * * *
    (c) * * *
    (6) * * * Newspaper publishers that submit microfilm under Sec.  
202.4(e) of this chapter should mail their

[[Page 4146]]

submissions to: Library of Congress, U.S. Copyright Office, Attn: 407 
Deposits, 101 Independence Avenue SE, Washington, DC 20559.
* * * * *

0
3. In Sec.  201.3, revise paragraph (c)(7) to read as follows:


Sec.  201.3  Fees for registration, recordation, and related services, 
special services, and services performed by the Licensing Division.

* * * * *
    (c) * * *

------------------------------------------------------------------------
 
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(7) Registration of a claim in a group of newspapers or a             80
 group of newsletters........................................
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* * * * *

PART 202--PREREGISTRATION AND REGISTRATION OF CLAIMS TO COPYRIGHT

0
4. The authority citation for part 202 continues to read as follows:

    Authority:  17 U.S.C. 408(f), 702.


Sec.  202.3   [Amended]

0
5. Amend Sec.  202.3 in (b)(1)(v) by removing ``periodicals; 
newspapers;'' and adding in its place ``periodicals (including 
newspapers);'' and by removing and reserving paragraph (b)(7).

0
6. Amend Sec.  202.4 as follows:
0
a. Revise paragraph (b).
0
b. Add paragraph (e).
0
c. Amend paragraph (g)(4) by removing the second and third sentences.
0
d. Revise paragraph (n).
    The revisions and addition read as follows:


Sec.  202.4  Group registration.

* * * * *
    (b) Definitions. (1) For purposes of this section, unless otherwise 
specified, the terms used have the meanings set forth in Sec. Sec.  
202.3, 202.13, and 202.20.
    (2) For purposes of this section, the term Library means the 
Library of Congress.
    (3) For purposes of this section, a periodical is a collective work 
that is issued or intended to be issued on an established schedule in 
successive issues that are intended to be continued indefinitely. In 
most cases, each issue will bear the same title, as well as numerical 
or chronological designations.
* * * * *
    (e) Group registration of newspapers. Pursuant to the authority 
granted by 17 U.S.C. 408(c)(1), the Register of Copyrights has 
determined that a group of newspaper issues may be registered with one 
application, the required deposit, and the filing fee required by Sec.  
201.3(c) of this chapter, if the following conditions are met:
    (1) Issues must be newspapers. All the issues in the group must be 
newspapers. For purposes of this section, a newspaper is a periodical 
(as defined in paragraph (b)(3) of this section) that is mainly 
designed to be a primary source of written information on current 
events, either local, national, or international in scope. A newspaper 
contains a broad range of news on all subjects and activities and is 
not limited to any specific subject matter. Newspapers are intended 
either for the general public or for a particular ethnic, cultural, or 
national group.
    (2) Requirements for newspaper issues. Each issue in the group must 
be an all-new collective work that has not been previously published 
(except where earlier editions of the same newspaper are included in 
the deposit together with the final edition), each issue must be fixed 
and distributed as a discrete, self-contained collective work, and the 
claim in each issue must be limited to the collective work.
    (3) Author and claimant. Each issue in the group must be a work 
made for hire, and the author and claimant for each issue must be the 
same person or organization.
    (4) Time period covered. All the issues in the group must be 
published under the same continuing title, and they must be published 
within the same calendar month and bear issue dates within that month. 
The applicant must identify the earliest and latest date that the 
issues were published.
    (5) Application. The applicant must complete and submit the online 
application designated for a group of newspaper issues. The application 
may be submitted by any of the parties listed in Sec.  202.3(c)(1).
    (6) Deposit. (i) The applicant must submit one complete copy of the 
final edition of each issue published in the calendar month designated 
in the application. Each submission may also include earlier editions 
of the same newspaper issue, provided that they were published on the 
same date as the final edition. Each submission may also include local 
editions of the newspaper issue that were published within the same 
metropolitan area, but may not include national or regional editions 
that were distributed outside that metropolitan area.
    (ii)(A) The issues must be submitted in a digital form, and each 
issue must be contained in a separate electronic file. The applicant 
must use the file-naming convention and submit digital files in 
accordance with instructions specified on the Copyright Office's 
website. The files must be submitted in Portable Document Format (PDF), 
they must be assembled in an orderly form, and they must be uploaded to 
the electronic registration system as individual electronic files 
(i.e., not .zip files). The files must be viewable and searchable, 
contain embedded fonts, and be free from any access restrictions (such 
as those implemented through Digital Rights Management (DRM)). The file 
size for each uploaded file must not exceed 500 megabytes, but files 
may be compressed to comply with this requirement.
    (B) Until December 31, 2019, the applicant may also submit the 
complete issues on positive 35mm silver halide microfilm at the same 
time as the application, in addition to providing electronic copies of 
the newspaper issues pursuant to paragraph (e)(6)(ii)(A) of this 
section. The issues should be arranged on the microfilm in 
chronological order, and should be sent to: Library of Congress, U.S. 
Copyright Office, Attn: 407 Deposits, 101 Independence Avenue SE, 
Washington, DC 20559. Should the applicant submit microfilm copies in 
addition to electronic files under paragraph (e)(6)(ii)(A) of this 
section, the effective date of registration for a group registration 
under paragraph (e) of this section will be the date on which the 
Office received an acceptable application, the electronic files 
submitted under paragraph (e)(6)(ii)(A), and the proper filing fee. If 
the electronic files submitted under paragraph (e)(6)(ii)(A) are 
deficient and the applicant also submits microfilm copies, the Register 
shall have discretion in determining whether the microfilm copies may 
be used to cure deficiencies in the electronic files (e.g., an 
electronic file is missing some pages from one newspaper issue, but the 
microfilm contains a complete version of each issue in the group). In 
cases where the Register determines that microfilm copies can be used 
to cure deficiencies in the electronic files submitted under paragraph 
(e)(6)(ii)(A), the effective date of registration for a group 
registration under paragraph (e) of this section will be the date on 
which the Office received an acceptable application, the electronic 
files submitted under paragraph (e)(6)(ii)(A), and the proper filing 
fee.
    (7) The application, the filing fee, and files specified in 
paragraph (e)(6)(ii)(A) of this section must be received by the 
Copyright Office within three months

[[Page 4147]]

after the date of publication for the earliest issue in the group.
* * * * *
    (n) The scope of a group registration. When the Office issues a 
group registration under paragraph (e) of this section, the 
registration covers each issue in the group and each issue is 
registered as a separate collective work. When the Office issues a 
group registration under paragraph (g), (h), (i), or (k) of this 
section, the registration covers each work in the group and each work 
is registered as a separate work. For purposes of registration, the 
group as a whole is not considered a compilation, a collective work, or 
a derivative work under section 101, 103(b), or 504(c)(1) of title 17 
of the United States Code.

0
7. Add Sec.  202.18 to read as follows:


Sec.  202.18   Access to electronic works.

    (a) Access to electronic works received under Sec.  202.4(e) will 
be available only to authorized users at Library of Congress premises 
in accordance with the policies listed below. Library staff may access 
such content off-site as part of their assigned duties via a secure 
connection.
    (b) Access to each individual electronic work received under Sec.  
202.4(e) will be limited, at any one time, to two Library of Congress 
authorized users via a secure server over a secure network that serves 
Library of Congress premises.
    (c) The Library of Congress will not make electronic works received 
under Sec.  202.4(e) available to the public over the internet without 
rightsholders' permissions.
    (d) ``Authorized user'' means Library of Congress staff, 
contractors, and registered researchers, and Members, staff and 
officers of the U.S. House of Representatives and the U.S. Senate for 
the purposes of this section.
    (e) ``Library of Congress premises'' means all Library of Congress 
premises in Washington, DC, and the Library of Congress Packard Campus 
for Audio-Visual Conservation in Culpeper, VA.

0
8. In Sec.  202.19, revise paragraph (d)(2)(ix) to read as follows:


Sec.  202.19   Deposit of published copies or phonorecords for the 
Library of Congress.

* * * * *
    (d) * * *
    (2) * * *
    (ix) In the case of published newspapers, a deposit submitted 
pursuant to and in compliance with the group registration option under 
Sec.  202.4(e) shall be deemed to satisfy the mandatory deposit 
obligation under this section.
* * * * *

    Dated: January 10, 2018.
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. 2018-01838 Filed 1-29-18; 8:45 am]
 BILLING CODE 1410-30-P

4144 Federal Register / Vol. 83, No. 20 / Tuesday, January 30, 2018 / Rules and Regulations

River Datum 0.0 while in the closed-to- of July 1, 2017, on page 113, the heading microfilm on a voluntary basis (in
navigation position, and provides 125 of Part 223 and an effective date note are addition to and at the same time as
feet of horizontal clearance with half the reinstated to read as follows: submitting digital files) if the microfilm
span open. This bridge operates in is received by December 31, 2019. After
accordance with 33 CFR 117.897. This PART 223—SALE AND DISPOSAL OF that date, the microfilm option will be
deviation allows the double bascule NATIONAL FOREST SYSTEM TIMBER eliminated. The final rule clarifies that
span of the Broadway Bridge across the each issue in the group must be a new
Willamette River, mile 11.7, to operate Effective Date Note: At 73 FR 79386, Dec. collective work and a work made for
the bridge in single leaf mode to marine 29, 2008, the heading of part 223 was revised, hire, that the author and copyright
effective Jan. 28, 2009. At 74 FR 5107, Jan. claimant for each issue must be the
traffic. The deviation period will be
29, 2009, the amendment was delayed until
from 1 a.m. on January 27, 2018 to 11:59 same person or organization, and that
Mar. 30, 2009. At 74 FR 14049, Mar. 30,
p.m. on February 23, 2018. The bridge 2009, the amendment was further delayed the claim must be received within three
shall operate in accordance to 33 CFR until May 29, 2009. At 74 FR 26091, June 1, months after the publication of the
117.897 at all other times. 2009, the amendment was delayed earliest issue in the group. Finally, the
Waterway usage on this part of the indefinitely. For the convenience of the user, rule confirms that a group registration
Willamette River includes vessels the revised text is set forth as follows: covers each issue in the group, as well
ranging from commercial tug and barge as any contributions appearing within
to small pleasure craft. One particular PART 223—SALE AND DISPOSAL OF each issue if they are fully owned by the
shipping company regularly requests a NATIONAL FOREST SYSTEM TIMBER, copyright claimant and if they were first
full bridge span opening in order to SPECIAL FOREST PRODUCTS, AND published in those issues.
transit the river. In anticipation of this FOREST BOTANICAL PRODUCTS DATES: Effective March 1, 2018.
deviation, the shipping company has FOR FURTHER INFORMATION CONTACT:
agreed to give a 7 day notice and a 24 [FR Doc. 2018–01806 Filed 1–29–18; 8:45 am]
Robert J. Kasunic, Associate Register of
hour notice to the bridge owner for a BILLING CODE 1301–00–D
Copyrights and Director of Registration
request of a full bridge span opening. If Policy and Practice, or Erik Bertin,
this procedure is followed, the bridge Deputy Director of Registration Policy
owner has agreed to comply with these LIBRARY OF CONGRESS and Practice, by telephone at 202–707–
requests. 8040, or by email at rkas@loc.gov and
Vessels able to pass through the Copyright Office
ebertin@loc.gov; or Anna Bonny
bridge in the closed-to-navigation Chauvet, Assistant General Counsel, by
position may do so at anytime. The 37 CFR Parts 201 and 202
telephone at 202–707–8350, or by email
bridge will be able to open for [Docket No. 2017–16] at achau@loc.gov.
emergencies, and there is no immediate SUPPLEMENTARY INFORMATION: When
alternate route for vessels to pass. The Group Registration of Newspapers Congress enacted the Copyright Act of
Coast Guard will also inform the users 1976 (the ‘‘Act’’), it authorized the
of the waterways through our Local and AGENCY: U.S. Copyright Office, Library
of Congress. Register of Copyrights (the ‘‘Register’’)
Broadcast Notices to Mariners of the to specify by regulation the
change in operating schedule for the ACTION: Final rule.
administrative classes of works for the
bridge so that vessels can arrange their SUMMARY: The U.S. Copyright Office is purpose of seeking a registration, and
transits to minimize any impact caused amending its regulation governing the the nature of the deposits required for
by the temporary deviation. group registration option for each such class. In addition, Congress
In accordance with 33 CFR 117.35(e), newspapers. The final rule will make a granted the Register the discretion to
the drawbridge must return to its regular number of changes to reflect current allow groups of related works to be
operating schedule immediately at the Office practices, improve the efficiency registered with one application and one
end of the effective period of this of the registration process, and filing fee. See 17 U.S.C. 408(c)(1).
temporary deviation. This deviation encourage broader participation in the Congress cited ‘‘the various editions or
from the operating regulations is registration system by reducing the issues of a daily newspaper’’ as a
authorized under 33 CFR 117.35. burden on applicants. Specifically, the specific example of a ‘‘group of related
Dated: January 16, 2018. final rule revises the definition of works’’ that would be suitable for a
Steven M. Fischer, ‘‘newspaper issues’’ and clarifies that group registration. H.R. Rep. No. 94–
Bridge Administrator, Thirteenth Coast Guard the group registration option may be 1476, at 154 (1976), reprinted in 1976
District. used to register any qualifying U.S.C.C.A.N. 5659, 5770; S. Rep. No.
[FR Doc. 2018–01703 Filed 1–29–18; 8:45 am] ‘‘newspaper issue.’’ The final rule will 94–473, at 136 (1975).
BILLING CODE 9110–04–P also require applicants to file an online On November 6, 2017, the Copyright
application rather than a paper Office (the ‘‘Office’’) published a notice
application, and upload a complete of proposed rulemaking (‘‘NPRM’’)
DEPARTMENT OF AGRICULTURE digital copy of each issue through the setting forth proposed amendments to
Office’s electronic registration system the current regulation governing the
Forest Service instead of submitting them in physical group registration option for
form. Digital copies of newspapers newspapers. 82 FR 51369 (Nov. 6,
36 CFR Part 223 received by the Office under this group 2017). The NPRM proposed modifying
rmajette on DSKBCKNHB2PROD with RULES

registration option will be offered to the the requirements for this group
Sale and Disposal of National Forest Library of Congress for use in its registration option in several respects.
System Timber collections, and the Library intends to First, the proposed rule would make any
provide public access to these digital newspaper, as defined in the regulation,
CFR Correction
files, subject to the restrictions set forth eligible for a group registration,
■ In Title 36 of the Code of Federal in the final rule. Applicants may regardless of whether the Library of
Regulations, Parts 200 to 299, revised as continue to submit their issues on Congress (the ‘‘Library’’) has selected

VerDate Sep<11>2014 15:14 Jan 29, 2018 Jkt 244001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\30JAR1.SGM 30JAR1

Federal Register / Vol. 83, No. 20 / Tuesday, January 30, 2018 / Rules and Regulations 4145

that newspaper for its collections. its proposal permitting broader group claim is received in a timely manner.5
Second, it would require applicants to registration for newspapers and Because applicants will be required to
register their newspapers through the accepting deposits in PDF format rather include a full month of issues in each
Office’s electronic registration system in than microfilm.’’ Copyright Alliance claim, and because they will be required
lieu of using paper applications. Third, Comment at 1. Of the individuals to submit their claims within three
it would amend the deposit submitting comments, one expressed months after the publication of the
requirements by requiring applicants to support for the proposed rule, one earliest issue in the group (rather than
upload their newspapers in digital form provided non-substantive comments, the most recent issue), it makes sense
through the Office’s electronic and one expressed concern about for the final rule to go into effect on the
registration system. Applicants would charging a filing fee.3 first day of March 2018.
no longer be required to submit The NMA also asked the Office to
Having reviewed and carefully
microfilm containing a complete copy of provide more information on what
considered the comments, the Office
each issue (although they could submit publishers will be expected to do when
microfilm on a voluntary basis, in now issues a final rule that is almost
the final rule goes into effect. The Office
addition to uploading digital copies) if substantively identical to the proposed
is developing several new resources in
the microfilm is received by December rule.4 The NPRM stated that the Office
response to this request. The Office will
31, 2019, after which the microfilm will allow applicants to submit
prepare a video tutorial explaining how
option would be eliminated. Fourth, microfilm copies in addition to
to complete the application for the
applicants would be required to submit uploading digital copies (if the group registration option for
their claim within three months after microfilm is received by December 31, newspapers, as well as revise the ‘‘help
the date of publication for the earliest 2019) in case publishers need time to text’’ within the application itself to
issue in the group, rather than the most develop quality assurance testing to reflect the new registration
recent issue. Fifth, the proposed rule ensure complete digital submissions. requirements. In addition, the Office
confirmed that deposits submitted for For avoidance of doubt, the final rule will update its various circulars
the purpose of group registration would clarifies that microfilm copies may be discussing the Office’s practices and
satisfy the mandatory deposit used to cure deficiencies in the digital procedures for this group registration
requirement under section 407. Sixth, it files at the Register’s discretion. The option, and the Office intends to make
confirmed that the Library may provide final rule also clarifies that the similar changes to the sections of the
limited access to any digital newspaper microfilm copies must be submitted at Compendium of U.S. Copyright Office
deposits that it receives from the Office the same time as the application, but the Practices, Third Edition that discuss this
under the group registration option, effective date of registration for this option.
subject to certain restrictions. Seventh, group option will be the date on which
the proposed rule codified the Office’s the Office receives an acceptable List of Subjects
longstanding position regarding the application, the digital files, and the 37 CFR Part 201
scope of a registration for a group of proper filing fee.
newspaper issues, namely, that a group Copyright, General provisions.
The NMA asked the Office to clarify
registration covers each issue in the when the final rule will go into effect. 37 CFR Part 202
group, as well as the articles, As stated above, the final rule takes Copyright, Preregistration and
photographs, illustrations, or other effect on March 1, 2018. Under the final registration of claims to copyright.
contributions appearing within each rule, applicants will be required to
issue—if they are fully owned by the submit their claims within three months Final Regulations
copyright claimant and if they were first after the date of publication for the For the reasons set forth in the
published in those issues. Finally, the earliest issue in the group. Thus, the preamble, the Copyright Office amends
proposed rule would implement some final rule may be used to register 37 CFR parts 201 and 202 as follows:
technical amendments to address newspaper issues published on or after
certain inconsistencies in the current December 1, 2017, provided that the PART 201—GENERAL PROVISIONS
regulation.
In response to the NPRM, the Office ■ 1. The authority citation for part 201
3 The Office notes that the Copyright Act provides
received comments from the News that ‘‘[f]ees shall be paid to the Register of
continues to read as follows:
Media Alliance (‘‘NMA’’),1 the Copyrights’’ when ‘‘filing each application . . . for Authority: 17 U.S.C. 702.
Copyright Alliance, and three registration of a copyright claims.’’ 17 U.S.C. 708(a),
individuals.2 The NMA ‘‘strongly (a)(1) (emphasis added). The same individual also ■ 2. In § 201.1, add a sentence at the end
stated that the regulatory definition of ‘‘newspaper’’ of paragraph (c)(6) to read as follows:
supports the Copyright Office’s proposal should be amended to include ‘‘electronic’’
to broaden the eligibility and formatting publications, because they ‘‘have an important § 201.1 Communication with the Copyright
requirements for group registration of presence in our society.’’ M. Ibarra Comment at 2. Office.
newspapers and to permit the As noted in the NPRM, the final rule may be used
to register a newspaper that is distributed in an * * * * *
submission of deposits in digital form electronic format, such as a PDF version of a (c) * * *
rather than on microfilm.’’ NMA physical publication. To do so, the publisher would (6) * * * Newspaper publishers that
Comment at 3. The Copyright Alliance have to demonstrate that each issue contains a fixed
submit microfilm under § 202.4(e) of
endorsed NMA’s comments and ‘‘joins selection of content, each issue is distributed as a
collective work, and the content of each issue does this chapter should mail their
in applauding the Copyright Office for not change once it has been distributed to the
public. 82 FR at 51373. To the extent the 5 Issues published in October 2017 and November
rmajette on DSKBCKNHB2PROD with RULES

1 The NMA is a nonprofit organization that commenter is referring to newspaper websites, the 2017 may be registered under the regulation
represents the interests of more than 2,000 Office reiterates that a website would not be currently set forth in § 202.3(b)(7), provided that the
newspapers in the United States and around the considered a ‘‘newspaper’’ for purposes of this claim is received within three months after the date
world. group registration option, for the reasons stated in of publication for the most recent issue in the
2 All of the comments submitted in response to the NPRM. See id. group. Issues published before October 1, 2017 are
the NPRM can be found on the Copyright Office’s 4 A few technical changes have been made to no longer eligible for the group registration option,
website at https://www.copyright.gov/rulemaking/ account for recent amendments resulting from other and thus, would have to be registered on an
group-newspapers/. rulemakings. See, e.g., 82 FR 29410 (Nov. 13, 2017). individual basis. See 37 CFR 202.3(b)(7)(i)(F).

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Document Created: 2018-10-26 10:10:57
Document Modified: 2018-10-26 10:10:57

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 1, 2018.
Contact		Robert J. Kasunic, Associate Register of Copyrights and Director of Registration Policy and Practice, or Erik Bertin, Deputy Director of Registration Policy and Practice, by telephone at 202-707-8040, or by email at [email protected] and [email protected]; or Anna Bonny Chauvet, Assistant General Counsel, by telephone at 202-707-8350, or by email at [email protected]
FR Citation		83 FR 4144
CFR Citation		37 CFR 201 37 CFR 202
CFR Associated		Copyright; General Provisions and Preregistration and Registration of Claims to Copyright

83 FR 4144 - Group Registration of Newspapers

LIBRARY OF CONGRESSCopyright Office

Federal Register Volume 83, Issue 20 (January 30, 2018)

LIBRARY OF CONGRESS
Copyright Office