[Federal Register: March 28, 1995 (Volume 60, Number 59)]
[Rules and Regulations]
[Page 15874-15875]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28mr95-15]
=======================================================================
-----------------------------------------------------------------------
LIBRARY OF CONGRESS
Copyright Office
37 CFR Part 202
[Docket No. 95-2]
Registration of Claims to Copyright; Group Registration of Daily
Newsletters
AGENCY: Copyright Office, Library of Congress.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Copyright Office of the Library of Congress is adopting a
new regulation that permits group registration of daily newsletters.
Publishers of daily newsletters, which are issued routinely at least
two times per week, may register these newsletters in groups at a
reduced fee, on a single application, if they meet certain
requirements. The group registration privilege is contingent upon the
publisher or claimant meeting the conditions specified in the
regulation. The final rule implements a portion of section 408(c)(1) of
the Copyright Act of 1976 relating to the deposit requirements for
copyright registration.
EFFECTIVE DATE: This rule will become effective March 28, 1995.
FOR FURTHER INFORMATION CONTACT: Marilyn J. Kretsinger, Acting General
Counsel, Copyright GC/I&R, P.O. Box 70400, Southwest Station,
Washington, D.C. 20024. Telephone: (202) 707-8380. Telefax: (202) 707-
8366.
SUPPLEMENTARY INFORMATION: Under section 407 of the Copyright Act of
1976, title 17 of the U.S. Code, the owner of copyright, or of the
exclusive right of publication, in a work published in the United
States is required to deposit two copies of the work in the Copyright
Office for the use or disposition of the Library of Congress. The
deposit is to be made within three months after such publication.
Failure to make the required deposit does not affect the copyright in
the work, but may subject the copyright owner to fines and other
monetary liability if the failure is continued after a demand for
deposit is made by the Register of Copyrights.
Section 408 of title 17 requires deposit of material in connection
with applications for voluntary registration of claims to copyright in
unpublished and published works. Subsection 408(c)(1) authorizes the
Register of Copyrights to establish by regulation the nature of the
deposit that is required. These regulations may require or permit ``a
single registration for a group of related works.''
On December 7, 1990, the Copyright Office issued regulations
permitting group registration of serials (55 FR 50556 (Dec. 7, 1990))
and on September 1, 1992, it issued regulations permitting group
registration of daily newspapers (57 FR 39615 (Sept. 1, 1992)). Both of
those regulations are unchanged and continue to govern group
registration of serials, other than daily newsletters. For purposes of
this regulation, a daily newsletter is defined as a serial published
and distributed by mail or electronic media (telefacsimile, cassette
tape, diskette or CD-ROM). Publication must occur at least two days per
week and the newsletter must contain news or information of interest
chiefly to a special group (for example, trade and professional
associations, corporate [[Page 15875]] house organs, schools, colleges,
and churches). Daily newsletters are published series that are not
available on newsstands. They are customarily sold by subscription and
distributed electronically or by mail.
The Copyright Office is now publishing a regulation that permits
group registration of daily newsletters that meet all of the specified
conditions. Under the regulation, daily newsletters that are published
routinely at least two times per week may be registered in groups at a
reduced fee if all other requirements are met. Publishers that meet
these qualifications may register all newsletters bearing issue dates
within a single calendar month under the same continuing title on a
single Form SE/Group with the deposit of a single copy of each issue
and a $10 filing fee for each issue. Each issue must be an essentially
new collective work or all new issue that has not been published before
and must be a work made for hire. The author(s) and claimant(s) must be
the same for all of the issues. If the Library of Congress makes a
written request, the publisher must give the Library up to two
complimentary subscriptions of the specified newsletter.
Registration of claims to copyright is optional, although
registration confers several benefits. If a publisher cannot meet any
one of the specified conditions and he or she wishes to register then a
separate registration is required for each issue. Form SE or Short Form
SE should be used.
The Copyright Office is also amending Sec. 202.3(b)(3)(ii) and
footnote 6 to Sec. 202.3(c)(2) to conform to the addition of a new
Sec. 202.3(b)(8).
List of Subjects in 37 CFR Part 202
Copyright registration.
Final Regulation
In consideration of the foregoing, the Copyright Office amends 37
CFR part 202 in the manner set forth below:
PART 202--[AMENDED]
1. The authority citation for part 202 continues to read as
follows:
Authority: 17 U.S.C. 702; 202.3, 202.19, 202.20, 202.21, and
202.22 are also issued under 17 U.S.C. 407 and 408.
2. In Sec. 202.3, paragraph (b)(8) is redesignated as paragraph
(b)(9) and a new paragraph (b)(8) is added to read as follows:
Sec. 202.3 Registration of Copyright.
* * * * *
(b) * * *
(8) Group registration of daily newsletters. Pursuant to the
authority granted by 17 U.S.C. 408(c)(1), the Register of Copyrights
has determined that, on the basis of a single application, deposit, and
filing fee, a single registration may be made for a group of two or
more issues of a daily newsletter if the following conditions are met:
(i) As used in this regulation, daily newsletter means a serial
published and distributed by mail or electronic media (online,
telefacsimile, cassette tape, diskette or CD-ROM). Publication must
occur at least two days per week and the newsletter must contain news
or information of interest chiefly to a special group (for example,
trade and professional associations, corporate house organs, schools,
colleges, and churches).
(ii) The works must be essentially all new collective works or all
new issues that have not been published before.
(iii) Each issue must be a work made for hire.
(iv) The author(s) and claimant(s) must be the same person(s) or
organization(s) for all of the issues.
(v) All the items in the group must bear issue dates within a
single calendar month under the same continuing title.
(vi) If requested in writing by the Copyright Acquisitions Division
of the Library of Congress, the publisher of the newsletter must give
the Library of Congress up to two complimentary subscriptions of the
newsletter in the edition most suitable to the Library's needs.
Subscription copies must be mailed or transmitted to the separate
address specified by the Copyright Acquisitions Division in its
request. Subscription copies are not required unless expressly
requested by the Library of Congress.
(vii) A Form SE/Group shall be submitted for daily newsletters
bearing issue dates within a single month, together with one copy of
each issue, and a filing fee of $10 for each issue included in the
group registration.
* * * * *
3. Section 202.3(b)(3)(ii) is amended by removing ``(b)(7)'' and
adding ``(b)(8)''.
4. Footnote 6 to Sec. 202.3(c)(2) is revised to read as follows:
\6\In the case of applications for group registration of
newspapers, contributions to periodicals, and newsletters, under
paragraphs (b)(6), (b)(7), and (b)(8) of this section, the deposits
and fees shall comply with those specified in the respective
paragraphs.
Dated: March 14, 1995.
Marybeth Peters,
Register of Copyrights.
Approved by:
James H. Billington,
The Librarian of Congress.
[FR Doc. 95-7564 Filed 3-27-95; 8:45 am]
BILLING CODE 1410-30-P