83 FR 61546 - Group Registration of Newsletters and Serials

LIBRARY OF CONGRESS
Copyright Office

Federal Register Volume 83, Issue 231 (November 30, 2018)

Page Range61546-61551
FR Document2018-26091

The U.S. Copyright Office is amending its regulations governing the group registration options for newsletters and serials. With respect to group newsletters, the final rule amends the definition of ``newsletter,'' eliminating the requirement that each issue must be a work made for hire, and the provision stating that group newsletter claims must be received within three months after publication. Under the final rule, newsletter publishers now should register their issues with the online application and upload a digital copy of each issue through the electronic registration system instead of submitting them in a physical form. With respect to group serials, the final rule clarifies that serials governed by the rule generally must be published at intervals of a week or longer, and that the publication dates provided in the application need not match the dates appearing on the issues themselves. In addition, the rule phases out the paper application for group serials and the submission of physical copies. Beginning one year after the rule goes into effect, serial publishers will be required to use the online application for group serials and to upload a digital copy of each issue, rather than submitting them in a physical form. The final rule updates the regulations for both newsletters and serials by confirming that publishers do not need to provide the Library of Congress with complimentary subscriptions to or microfilm of each issue as a condition for registering their works with the Office, but newsletter and serial issues that are submitted for purposes of registration will no longer satisfy the mandatory deposit requirement. Publishers will be expected to separately provide the Library with two complimentary subscriptions if the newsletter or serial is published in the United States in a physical format (unless the publisher is informed that the publication is not needed for the Library's collections). If the newsletter or serial is published solely in electronic form, the publisher will remain exempt from mandatory deposit unless the Office issues a formal demand for copies of that publication.

Federal Register, Volume 83 Issue 231 (Friday, November 30, 2018)
[Federal Register Volume 83, Number 231 (Friday, November 30, 2018)]
[Rules and Regulations]
[Pages 61546-61551]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26091]


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LIBRARY OF CONGRESS

Copyright Office

37 CFR Parts 201 and 202

[Docket Nos. 2018-2, 2018-3]


Group Registration of Newsletters and Serials

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

ACTION: Final rule.

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SUMMARY: The U.S. Copyright Office is amending its regulations 
governing the group registration options for newsletters and serials. 
With respect to group newsletters, the final rule amends the definition 
of ``newsletter,'' eliminating the requirement that each issue must be 
a work made for hire, and the provision stating that group newsletter 
claims must be received within three months after publication. Under 
the final rule, newsletter publishers now should register their issues 
with the online application and upload a digital copy of each issue 
through the electronic registration system instead of submitting them 
in a physical form. With respect to group serials, the final rule 
clarifies that serials governed by the rule generally must be published 
at intervals of a week or longer, and that the publication dates 
provided in the application need not match the dates appearing on the 
issues themselves. In addition, the rule phases out the paper 
application for group serials and the submission of physical copies. 
Beginning one year after the rule goes into effect, serial publishers 
will be required to use the online application for group serials and to 
upload a digital copy of each issue, rather than submitting them in a 
physical form. The final rule updates the regulations for both 
newsletters and serials by confirming that publishers do not need to 
provide the Library of Congress with complimentary subscriptions to or 
microfilm of each issue as a condition for registering their works with 
the Office, but newsletter and serial issues that are submitted for 
purposes of registration will no longer satisfy the mandatory deposit 
requirement. Publishers will be expected to separately provide the 
Library with two complimentary subscriptions if the newsletter or 
serial is published in the United States in a physical format (unless 
the publisher is informed that the publication is not needed for the 
Library's collections). If the newsletter or serial is published solely 
in electronic form, the publisher will remain exempt from mandatory 
deposit

[[Page 61547]]

unless the Office issues a formal demand for copies of that 
publication.

DATES: Effective date: December 31, 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] or 
[email protected]; or Cindy Paige Abramson, Assistant General 
Counsel, by telephone at 202-707-0676, or by email at 
[email protected].

SUPPLEMENTARY INFORMATION: On May 17, 2018, the Copyright Office (the 
``Office'') published two notices of proposed rulemaking (``NPRMs'') 
setting forth proposed amendments to the regulations governing the 
group registration options for newsletters and serials. 83 FR 22902 
(May 17, 2018); 83 FR 22896 (May 17, 2018). The Office did not receive 
any comments in response to the NPRM on group newsletters. In response 
to the NPRM on group serials, the Office received comments from the 
Copyright Alliance and one individual.\1\ Having reviewed and carefully 
considered these comments, the Office is issuing a final rule that is 
nearly identical to the rule proposed in the NPRM on group newsletters, 
and substantially similar to the rule proposed in the NPRM on group 
serials; in both cases, the Office has made a few modifications 
reflecting the concerns raised by the comments regarding online 
registration and electronic submission of deposits regarding group 
registration of serials, which are discussed in more detail below.\2\
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    \1\ The comments can be found on the Copyright Office's website 
at https://www.copyright.gov/rulemaking/group-serials/.
    \2\ The final rule also includes a few technical amendments. The 
rule has been revised to account for a recent amendment that was 
made by the final rule on group registration of newspapers. See 83 
FR 25375 (June 1, 2018). The rule removes cross-references to the 
prior regulations on newsletters and serials. See 37 CFR 202.4(l), 
202.6(e)(1). It also corrects an error made by the Federal Register 
in publishing the regulation on supplementary registration. See 82 
FR 27424 (June 15, 2017). Specifically, the rule removes the term 
``SE.'' (which is an abbreviation for ``southeast'') and replaces it 
with the term ``SE'' (which is the correct abbreviation for the term 
``serials''). See 37 CFR 202.6(e)(1).
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Topics Involving Solely the Group Registration Option for Newsletters

    The final rule revises current practices for the group registration 
option for newsletters. It clarifies and expands the category of works 
eligible for this option by amending the definition of what constitutes 
a ``newsletter'' and by making clear that newsletters need not be 
collective works. It also eliminates the work-made-for-hire requirement 
and the requirement that the issues must be submitted within three 
months after publication.
    The final rule also phases out the paper application (known as Form 
G/DN) and generally requires applicants to register their newsletters 
using the designated online application. In addition, it requires 
applicants to upload their newsletters in a digital format through the 
electronic registration system. If an applicant submits Form G/DN after 
the effective date of the final rule, the Office will refuse to 
register the claim. Likewise, the Office will refuse registration if an 
applicant submits physical copies of a newsletter, such as printed 
copies or photocopies, or digital copies that have been saved onto a 
flash drive, disc, or other physical storage medium.

Topics Involving Solely the Group Registration Options for Serials

    The final rule codifies, clarifies, and revises current practices 
for the group registration option for serials.
    First, the final rule requires that each claim must include at 
least two issues, that each issue must be a work made for hire, and 
that the author and copyright claimant for each issue must be the same 
person or organization.
    Second, the final rule eliminates the current requirement that each 
issue must have been created no more than one year prior to 
publication.
    Third, the final rule requires that applicants may only register 
serials that are ``generally . . . published at intervals of a week or 
longer'' (e.g., weekly, every two weeks, monthly), and requires that 
the issues be ``published in a given three month period'' within ``the 
same calendar year.'' The proposed rule reflected the current practice 
that issues must be published at intervals of one week or more, 
however, the Copyright Alliance noted that publishers sometimes 
distribute two issues during the same week, such as when a ``special'' 
issue is published in addition to a regularly scheduled issue.\3\ To 
accommodate these practices, the final rule clarifies that a serial 
must ``generally'' be published at intervals of one week or more. The 
Copyright Alliance also explained that issues may be published in one 
month but contain an issue date for the following month and, in the 
case of issues published in December, may contain the issue date for 
January of the following year.\4\ Based on this information, the final 
rule eliminates the requirements that the issues themselves must bear 
issue dates reflecting the same three-month period and the same 
calendar year. Instead, applicants will be required to provide a 
publication date for each issue in the group.
---------------------------------------------------------------------------

    \3\ Copyright Alliance Comment at 2-3.
    \4\ Copyright Alliance Comment at 2.
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    Fourth, the final rule requires that each issue must be an ``all-
new'' collective work that has not been previously published, and each 
issue must be fixed and distributed as a discrete, self-contained 
collective work. The Copyright Alliance expressed concern that this 
requirement may prevent publishers from registering ``enhanced, digital 
issues which may contain content hosted on and linked to another 
platform such as videos and blogs that allow the reader to manipulate 
or interact with the issue.'' \5\ The Office does not believe a change 
to the language of the rule is necessary. If a particular issue 
contains enhanced content, such as an embedded video, the registration 
will cover that material if it is included within the deposit and if 
the examiner can access and view that material in the context where it 
appears within the actual serial.\6\ Any additional content that 
appears on the publisher's website--but does not appear within the 
issues themselves--must be registered separately.
---------------------------------------------------------------------------

    \5\ Copyright Alliance Comment at 2.
    \6\ See U.S. Copyright Office, Compendium of U.S. Copyright 
Office Practices, sec. 1508.1 (3d ed. 2017) (noting that the Office 
``must be able to perceive the entire content of the work, including 
the context where each element appears within the work as a 
whole'').
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    Fifth, the final rule generally requires applicants to register 
their issues using the online application designated for group serial 
claims, and eliminates the paper application known as Form SE/Group.\7\
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    \7\ An individual filed a public comment supporting the 
requirement for applicants to file electronically and stated that he 
believed this would promote efficiency, reduce the burden on 
applicants, and encourage broader participation in the registration 
system. Kotelnikov Comment at 1. The Copyright Alliance also agreed 
that eliminating the paper form and requiring publishers to use the 
online application will ``facilitate economy and efficiency.'' 
Copyright Alliance Comment at 3.
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    Finally, the final rule amends the deposit requirements by 
requiring applicants to upload their issues in digital form through the 
electronic registration system, instead of submitting them in a 
physical form, absent exceptional cases. While the Copyright Alliance 
agreed that requiring publishers to upload a digital copy of each issue 
``will generally `increase the efficiency of the group registration

[[Page 61548]]

process,' '' it questioned whether the electronic registration system 
is capable of handling large digital files, whether the process of 
uploading these files may be burdensome for some publishers, and 
whether the Office has implemented and deployed robust security 
measures to protect its digital deposits.\8\ The Copyright Alliance 
suggested that the Office should gradually phase out the paper 
application and continue to accept physical deposits ``[u]ntil the 
registration system is able to fully accommodate the digital deposit 
process.'' \9\ After carefully reviewing these comments, the Office has 
decided to adopt the online digital deposit requirement proposed in the 
NPRM, but to give publishers time to adjust to this change, the Office 
will continue to accept physical deposits and paper applications for 
another twelve months. Generally, if a publisher submits a Form SE/
Group or submits a physical deposit after the phase-out period has 
expired, the Office will refuse to register the claim.
---------------------------------------------------------------------------

    \8\ Copyright Alliance Comment at 3.
    \9\ Copyright Alliance Comment at 3.
---------------------------------------------------------------------------

    The Office has concluded that the other concerns raised by the 
Copyright Alliance about digital deposits were already adequately 
addressed by the proposed rule. The Office has accepted digital 
deposits from serial publishers since September 14, 2012, and is not 
aware of any technical issues that have prevented them from using the 
upload feature. The current registration system will accept any digital 
deposit, as long as it is submitted in an acceptable file format and 
does not exceed 500MB. And as noted in the proposed rule, the files may 
be compressed to comply with this limit, if necessary.
    The Office first introduced its electronic registration system more 
than a decade ago, and as the Copyright Alliance acknowledged, the 
Office has not experienced any issues concerning the security of its 
digital deposits.\10\ The Office utilizes a multi-level security design 
to ensure the confidentiality and integrity of the files that are 
stored within this system. The system is certified to operate at the 
moderate security level, as defined by the FIPS 200 and SP 800-53 
standards published by the National Institute of Standards and 
Technology.\11\ The entire system operates on hardware and software 
that is dedicated to this system and it does not share storage 
resources with other systems. Strict access controls have been placed 
throughout the system that enforce the principle of ``least 
privilege,'' meaning that each type of user may access only what is 
needed for that particular role. The system is also protected by 
multiple levels of network firewalls and other network-based security, 
such as anti-malware protection, and it is continuously monitored to 
ensure that these security controls remain effective.
---------------------------------------------------------------------------

    \10\ Copyright Alliance Comment at 3.
    \11\ See NIST, Federal Information Processing Standards 
Publication 200, Minimum Security Requirements for Federal 
Information and Information Systems, and NIST, Special Publication 
800-53, Recommended Security Controls for Federal Information 
Systems, available at https://csrc.nist.gov/publications/.
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    In addition to these technical measures, the Office's regulations 
restrict the parties who may obtain access to its digital registration 
deposits. Briefly stated, the Office will provide a copy of a 
registration deposit only if it receives (i) written authorization from 
the copyright claimant or the owner of the exclusive rights in the 
work, (ii) a written request from an attorney representing a plaintiff 
or defendant in litigation involving that work, or (iii) a court order 
directing the Office to produce a copy of that work for use in a legal 
proceeding.\12\
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    \12\ See 37 CFR 201.2(d)(2).
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    Similarly, regulations restrict how parties may access digital 
registration deposits that have been transferred to the Library of 
Congress. Specifically, the Library currently provides access to the 
digital registration deposits that it receives through the group 
registration option for newspaper issues, subject to certain conditions 
specified in the regulations.\13\ But the Library currently does not 
provide public access to digital registration deposits for any other 
type of work, including deposits submitted under the group registration 
option for serial issues. As noted in the NPRM on group newspapers, the 
Library would like to expand the regulation to include other types of 
digital registration deposits, but before doing so, the Office will 
conduct separate rulemakings to provide notice and seek comment from 
the public.\14\
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    \13\ See 37 CFR 202.18 (limiting access to electronic works to 
``two Library of Congress authorized users via a secure server over 
a secure network that serves Library of Congress premises'').
    \14\ See 82 FR at 51377.
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Topics Involving Both the Group Registration Option for Newsletters and 
the Group Registration Option for Serials

    The final rule makes four changes that modify the regulations 
governing both newsletters and serials.
    First, the rule memorializes the Office's longstanding position 
regarding the scope of a group registration. It confirms that a 
registration for a group of newsletter or serial issues covers each 
issue in the group. It also confirms that if each issue is a collective 
work, the registration will cover the articles, photographs, 
illustrations, or other contributions appearing within those issues if 
they are fully owned by the copyright claimant and if they were first 
published in those issues.
    Second, the rule confirms that newsletter and serial publishers 
will no longer be required to provide the Library of Congress with 
complimentary subscriptions to or microfilm copies of their issues as a 
condition for seeking a group registration under section 408(c)(1) of 
the Copyright Act. The Copyright Alliance applauded the elimination of 
this requirement.\15\ But newsletter and serial issues that are 
submitted to the Office for purposes of registration will no longer 
satisfy the mandatory deposit requirement set forth in section 407 of 
the Copyright Act.\16\
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    \15\ Copyright Alliance Comment at 1.
    \16\ The final rule does not apply to newspapers; deposits 
submitted in compliance with group registration of newspapers also 
satisfy the mandatory deposit requirement. 37 CFR 202.19(d)(2)(x).
---------------------------------------------------------------------------

    Third, the rule provides guidance on how newsletter and serial 
publishers may comply with the mandatory deposit requirement. If a 
newsletter or serial is published in the United States in a physical 
format, the publisher will be expected to provide the Library with two 
complimentary subscriptions to physical copies of that publication, 
unless the publisher is notified that the newsletter or serial is not 
needed for the Library's collections. The rule does not change for 
newsletters or serials published solely in electronic format; in that 
case, the publisher will not be expected to provide copies of that 
publication unless the Office issues a formal demand for that 
newsletter or serial under section 202.24 of the regulations.
    Fourth, the final rule includes provisions to address the Copyright 
Alliance's concerns about the potential burdens of electronic filing 
and digital deposit on applicants transitioning from traditional print 
to digital media.\17\ These provisions permit the Office to waive the 
online filing requirement in ``an exceptional case'' and ``subject to 
such conditions as the Associate Register and Director of the Office of 
Registration Policy and Practice may impose on the applicant.'' 
Registrants who do not have internet access or are unable to use the 
online applications may contact the Office, and the Office will review 
the specific details of their cases and determine their eligibility.

[[Page 61549]]

The rule also provides that applicants may request special relief under 
Sec.  202.20(d) if they are unable to comply with the deposit 
requirements for these group options. These provisions are consistent 
with recently amended rules for group registration of contributions to 
periodicals and of photographs (published and unpublished) and for 
supplemental registration.\18\
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    \17\ Copyright Alliance Comment at 3.
    \18\ 37 CFR 202.4(g)(9), (h)(11), (i)(11), 202.6(e)(7); see also 
82 FR 47415, 47419 (Oct. 12, 2017) (proposing same for group 
registration of unpublished works).
---------------------------------------------------------------------------

    The Office plans to offer several resources for newsletter and 
serial publishers that should ease the transition to these new 
requirements, including an updated version of the Compendium of U.S. 
Copyright Office Practices, Third Edition and updated Circulars that 
discuss these group registration options and the mandatory deposit 
requirements for these types of works. The Office will also update the 
onscreen instructions and help text that accompanies the online 
applications for each type of claim, and add warnings to the 
corresponding paper applications to notify applicants that Forms G/DN 
and SE/Group will soon be phased out.

List of Subjects

37 CFR Part 201

    Copyright.

37 CFR Part 202

    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. Amend Sec.  201.1 by revising paragraph (c)(6) to read as follows:


Sec.  201.1   Communication with the Copyright Office.

* * * * *
    (c) * * *
    (6) Mandatory Deposit Copies. Mandatory deposit copies of published 
works submitted for the Library of Congress under 17 U.S.C. 407 and 
Sec.  202.19 of this chapter (including complimentary subscriptions to 
serial publications), and newspaper microfilm copies submitted under 
Sec.  202.4(e) of this chapter, should be addressed to: Library of 
Congress, U.S. Copyright Office, Attn: 407 Deposits, 101 Independence 
Avenue SE, Washington, DC 20559-6600.
* * * * *

0
3. Amend Sec.  201.3 by revising paragraph (c)(6) to read as follows:


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

* * * * *
    (c) * * *

------------------------------------------------------------------------
     Registration, recordation and related services          Fees ($)
------------------------------------------------------------------------
 
                              * * * * * * *
(6) Registration of a claim in a group of serials (per                25
 issue, minimum two issues).............................
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *

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 by removing and reserving paragraphs (b)(6) and 
(9).
0
6. Amend Sec.  202.4 as follows:
0
a. Add paragraphs (d) and (f).
0
b. In paragraph (l) remove ``through (7), or (9)''.
0
c. Revise the first sentence of paragraph (n).
    The additions and revision read as follows:


Sec.  202.4   Group registration.

* * * * *
    (d) Group registration of serials. Pursuant to the authority 
granted by 17 U.S.C. 408(c)(1), the Register of Copyrights has 
determined that a group of serial 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) Eligible works. (i) All the issues in the group must be 
serials.
    (ii) The group must include at least two issues.
    (iii) Each issue in the group must be an all-new collective work 
that has not been previously published, 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.
    (iv) 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.
    (v) The serial generally must be published at intervals of a week 
or longer. All of the issues must be published within three months, 
under the same continuing title, within the same calendar year, and the 
applicant must specify the date of publication for each issue in the 
group.
    (2) Application. The applicant may complete and submit the online 
application designated for a group of serial issues. Alternatively, the 
applicant may complete and submit a paper application using Form SE/
Group, provided that the application is received on or before December 
30, 2019. The application may be submitted by any of the parties listed 
in Sec.  202.3(c)(1).
    (3) Deposit. The applicant must submit one complete copy of each 
issue that is included in the group. Copies submitted under this 
paragraph will be considered solely for the purpose of registration 
under 17 U.S.C. 408, and will not satisfy the mandatory deposit 
requirement under 17 U.S.C. 407.
    (i) The issues may be submitted in digital form if the following 
requirements have been met. 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

[[Page 61550]]

embedded fonts, and be free from any access restrictions (such as those 
implemented through digital rights management) that prevent the viewing 
and examination of the work. The file size for each uploaded file must 
not exceed 500 megabytes, but files may be compressed to comply with 
this requirement.
    (ii) Alternatively, the applicant may submit a physical copy of 
each issue, provided that the deposit is received on or before December 
30, 2019. If the claim is submitted with an online application, the 
copies must be accompanied by the required shipping slip generated by 
the electronic registration system, the shipping slip must be attached 
to one of the copies, the copies and the shipping slip must be included 
in the same package, and the package must be sent to the address 
specified on the shipping slip.
    (4) Exceptional cases. In an exceptional case, the Copyright Office 
may waive the online filing requirement set forth in paragraph (d)(2) 
of this section or may grant special relief from the deposit 
requirement under Sec.  202.20(d), subject to such conditions as the 
Associate Register of Copyrights and Director of the Office of 
Registration Policy and Practice may impose on the applicant.
* * * * *
    (f) Group registration of newsletters. Pursuant to the authority 
granted by 17 U.S.C. 408(c)(1), the Register of Copyrights has 
determined that a group of newsletter 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) Eligible works. (i) All the issues in the group must be 
newsletters. For purposes of this section, a newsletter is a serial 
that is published and distributed by mail, electronic media, or other 
medium, including paper, email, or download. Publication must usually 
occur at least two days each week and the newsletter must contain news 
or information that is chiefly of interest to a special group, such as 
trade and professional associations, colleges, schools, or churches. 
Newsletters are typically distributed through subscriptions, but are 
not distributed through newsstands or other retail outlets.
    (ii) The group must include at least two issues.
    (iii) Each issue in the group must be an all-new issue or an all-
new collective work that has not been previously published, and each 
issue must be fixed and distributed as a discrete, self-contained work.
    (iv) The author and claimant for each issue must be the same person 
or organization.
    (v) All the issues in the group must be published under the same 
continuing title, they must be published within the same calendar month 
and bear issue dates within that month, and the applicant must identify 
the earliest and latest date that the issues were published during that 
month.
    (2) Application. The applicant must complete and submit the online 
application designated for a group of newsletter issues. The 
application may be submitted by any of the parties listed in Sec.  
202.3(c)(1).
    (3) Deposit. The applicant must submit one complete copy of each 
issue that is included in the group. The issues must be submitted in 
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) that prevent the viewing and examination of the work. The 
file size for each uploaded file must not exceed 500 megabytes, but 
files may be compressed to comply with this requirement. Copies 
submitted under this paragraph will be considered solely for the 
purpose of registration under 17 U.S.C. 408, and will not satisfy the 
mandatory deposit requirement under 17 U.S.C. 407.
    (4) Exceptional cases. In an exceptional case, the Copyright Office 
may waive the online filing requirement set forth in paragraph (f)(2) 
of this section or may grant special relief from the deposit 
requirement under Sec.  202.20(d), subject to such conditions as the 
Associate Register of Copyrights and Director of the Office of 
Registration Policy and Practice may impose on the applicant.
* * * * *
    (n) The scope of a group registration. When the Office issues a 
group registration under paragraphs (d), (e), or (f) of this section, 
the registration covers each issue in the group and each issue is 
registered as a separate work or a separate collective work (as the 
case may be). * * *
* * * * *


Sec.  202.6  [Amended]

0
7. In Sec.  202.6(e)(1) remove ``Sec.  202.3(b)(6) through (10) or''; 
and remove ``SE.'' and add ``SE'' in its place.

0
8. Amend Sec.  202.19 by adding paragraph (d)(2)(xi) to read as 
follows:


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

* * * * *
    (d) * * *
    (2) * * *
    (xi) In the case of serials (as defined in Sec.  202.3(b)(1)(v), 
but excluding newspapers) published in the United States in a physical 
format, or in both a physical and an electronic format, the copyright 
owner or the owner of the exclusive right of publication must provide 
the Library of Congress with two complimentary subscriptions to the 
serial, unless the Copyright Acquisitions Division informs the owner 
that the serial is not needed for the Library's collections. 
Subscription copies must be physically mailed to the Copyright Office, 
at the address for mandatory deposit copies specified in Sec.  201.1(c) 
of this chapter, promptly after the publication of each issue, and the 
subscription(s) must be maintained on an ongoing basis. The owner may 
cancel the subscription(s) if the serial is no longer published by the 
owner, if the serial is no longer published in the United States in a 
physical format, or if the Copyright Acquisitions Division informs the 
owner that the serial is no longer needed for the Library's 
collections. In addition, prior to commencing the subscriptions, the 
owner must send a letter to the Copyright Acquisitions Division at the 
address specified in Sec.  201.1(b) of this chapter confirming that the 
owner will provide the requested number of subscriptions for the 
Library of Congress. The letter must include the name of the publisher, 
the title of the serial, the International Standard Serial Number 
(``ISSN'') that has been assigned to the serial (if any), and the issue 
date and the numerical or chronological designations that appear on the 
first issue that will be provided under the subscriptions.
* * * * *


Sec.  202.20   [Amended]

0
9. Amend Sec.  202.20 by removing and reserving paragraph (c)(2)(xvii).

0
10. In Appendix B to Part 202, revise the last sentence of paragraph a. 
to read as follows:

[[Page 61551]]

Appendix B to Part 202--``Best Edition'' of Published Copyrighted Works 
for the Collections of the Library of Congress

    a. * * * (For works first published only in a country other than 
the United States, the law requires the deposit of the work as first 
published.)
* * * * *

    Dated: November 5, 2018.
Karyn A. Temple,
Acting Register of Copyrights.
    Approved by:
Carla D. Hayden,
Librarian of Congress.
[FR Doc. 2018-26091 Filed 11-29-18; 8:45 am]
 BILLING CODE 1410-30-P


Current View
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective date: December 31, 2018.
ContactRobert 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] or [email protected]; or Cindy Paige Abramson, Assistant General Counsel, by telephone at 202-707-0676, or by email at [email protected]
FR Citation83 FR 61546 
CFR Citation37 CFR 201
37 CFR 202

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