[Federal Register: June 30, 1995 (Volume 60, Number 126)]
[Rules and Regulations]
[Page 34167-34169]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30jn95-29]
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LIBRARY OF CONGRESS
Copyright Office
37 CFR Parts 201, 202, 203, 204, 211 and 255
[Docket No. 95-6]
Copyright, Freedom of Information Act, Mask Works, Privacy Act,
Registration, and Royalties
AGENCY: Copyright Office, Library of Congress.
ACTION: Final rule, amendments.
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SUMMARY: This amendment rule will update Office regulations to reflect
organizational changes and correct errors in section citations and
misspellings, grammatical errors, and other non-substantive errors. We
take this action to make our regulations accurate and thereby not
misinform anyone who uses them.
EFFECTIVE DATE: June 30, 1995.
FOR FURTHER INFORMATION CONTACT:
Marilyn J. Kretsinger, Acting General Counsel, Copyright GC/I&R, P.O.
Box 70400, Southwest Station, Washington, DC 20024. Telephone: (202)
707-8380. Telefax: (202) 707-8366.
SUPPLEMENTARY INFORMATION: Copyright Office regulations are being
updated to reflect the current organizational structure of the Office
by amending Secs. 202.19(b)(1)(ii), 202.19(b)(1)(iii)(B), 202.19(e)(3),
202.22(d)(6)(iii), 204.4(a), 204.5a and 204.7(a) to include current
titles and section names, and Sec. 203.3 to include the entire current
organization of the Office. Fees that were incorrectly stated are
amended in Sec. 202.23(e) (1) and (2).
Numbering for parts of a section and numbers within a section
referring to another section are being corrected in Secs. 201.1(b),
201.11(g)(3)(iii)(B), 201.11(g)(3)(v), 201.17(b)(2), 201.17(c)(1),
201.17(g), 255.3(h)(2), and 255.3(h)(3).
Section 201.16 concerning coin-operated phonorecord players is
deleted in its entirety. It is duplicated in Part 254. Section
202.20(b)(2)(iii) is amended in its entirety to conform with
Sec. 202.20(c)(2)(xv), which pertains to the same matter.
The following sections are amended to correct misspelled words,
incorrect symbols, or improper punctuation: Secs. 201.5(b)(2)(iv),
201.5(c)(1), 201.10(d)(1), 201.11(f), 201.11(g)(3)(iii)(B),
201.11(g)(3)(vi), 201.15(c), 201.17(h)(4)(iii), 201.17(h)(8),
201.26(b)(2), 202.2(b)(1), 202.3(b)(5)(i)(D), 211.5(a), 211.6(b)(1),
and Sec. A.2(i) of Appendix A to Part 202. Section 201.10(d)(3) is
amended by removing a reference to a section which no longer exists.
List of Subjects
37 CFR Part 201
Copyright; General Provisions.
37 CFR Part 202
Copyright; Registration.
37 CFR Part 203
Freedom of Information Act.
37 CFR Part 204
Privacy Act.
37 CFR Part 211
Mask Work Protection.
[[Page 34168]]
37 CFR Part 255
Royalties; Sound Recordings.
Final Rule
In consideration of the foregoing, parts 201, 202, 203, 204, 211,
and 255 of 37 CFR chapter II are amended in the manner set forth below:
PART 201--GENERAL PROVISIONS
1. The authority citation for part 201 is revised to read as
follows:
Authority: 17 U.S.C. 702.
Sec. 201.1 [Amended]
2. Section 201.1(b) is amended by removing ``(17 U.S.C. 111, 115,
116, and 118)'' and adding in its place ``(17 U.S.C. 111, 115, 118, and
119)''.
Sec. 201.5 [Amended]
3. Section 201.5(b)(2)(iv) is amended by removing the period after
the word claim in the second sentence and adding a comma in its place.
Sec. 201.5 [Amended]
4. Section 201.5(c)(1) is amended by adding a comma after Copyright
Office and by removing the period at the end of paragraph (iii) and
adding a semi-colon.
Sec. 201.7 [Amended]
5. Section 201.7(c)(4)(ii) is amended by adding the phrase
``published before March 1, 1989,'' after the word ``work''.
Sec. 201.10 [Amended]
6. Section 201.10(d)(1) is amended by removing one of the two
phrases ``notice of''.
7. Section 201.10(d)(3) is amended by removing the phrase ``as
defined by section 116(e)(3) of title 17, U.S.C.''.
Sec. 201.11 [Amended]
8. Section 201.11(f) is amended by removing the word ``paument''
and adding the word ``payment''.
Sec. 201.11 [Amended]
9. Section 201.11(g)(3)(iii)(B) is amended by removing the word
``ttle'' and adding the word ``title'' and by removing ``(e)(14)'' and
adding ``(e)(9).''
Sec. 201.11 [Amended]
10. Section 201.11(g)(3)(v) is amended by removing ``(e)(10)'' and
adding ``(e)(9)''.
Sec. 201.11 [Amended]
11. Section 201.11(g)(3)(vi) is amended by removing the word
``owned'' and adding the word ``owner''.
Sec. 201.15 [Amended]
12. Section 201.15(c) is amended by removing the letter ``k'' from
the word ``ksubmitting''.
Sec. 201.16 [Amended]
13. Section 201.16 is removed and reserved.
Sec. 201.17 [Amended]
14. Section 201.17(b)(2) is amended by redesignating ``(A)'' and
``(B)'' in the last sentence as ``(i)'' and ``(ii)'' respectively.
Sec. 201.17 [Amended]
15. Section 201.17(c)(1) is amended by removing ``(2)'' after
111(d) and adding ``(1)''.
Sec. 201.17 [Amended]
16. Section 201.17(g), introductory text, is amended by removing
``(2)'' after 111(d) and adding ``(1)''.
Sec. 201.17 [Amended]
17. Section 201.17(h)(4)(iii) is amended by removing ``in'' after
the word return and adding ``it''.
Sec. 201.17 [Amended]
18. Section 201.17(h)(8) is amended by removing the word
``expended'' and adding the word ``expanded''.
Sec. 201.26 [Amended]
19. Section 201.26(b)(2) is amended by removing the word
``documented'' and adding the word ``document''.
PART 202--REGISTRATION OF CLAIMS TO COPYRIGHT
20. The authority citation for part 202 is revised to read as
follows:
Authority: 17 U.S.C. 702.
Sec. 202.2 [Amended]
21. Section 202.2(b)(1) is amended by is amended by removing the
symbol ``<n-iden-3>'' and adding the symbol ``P''.
Sec. 202.3 [Amended]
22. Section 202.3(b)(5)(i)(D) is amended by removing the word
``pyblished'' and adding the word ``published''.
Sec. 202.18 [Amended]
23. Section 202.18 is removed and reserved.
Sec. 202.19 [Amended]
24. Section 202.19(b)(1)(ii) and 202.19(b)(1)(iii)(B) are amended
by removing ``Deposits and Acquisitions Division of the Copyright
Office'' and adding ``Copyright Acquisitions Division''.
Sec. 202.19 [Amended]
25. Section 202.19(e)(3) is amended by removing ``Chief, Deposits
and Acquisitions Division of the Copyright Office'' and adding ``Chief,
Examining Division''.
Sec. 202.20 [Amended]
26. Section 202.20(b)(2)(iii) is amended by removing the entire
text after the heading and adding ``In the case of a published
contribution to a collective work, a ``complete'' copy is one complete
copy of the best edition of the entire collective work, the complete
section containing the contribution if published in a newspaper, the
contribution cut from the paper in which it appeared, or a photocopy of
the contribution itself as it was published in the collective work''.
Sec. 202.22 [Amended]
27. Section 202.22(d)(6)(iii) is amended by removing ``Chief,
Acquisitions and Processing Division of the Copyright Office'' and
adding ``Copyright Acquisitions Division''.
Sec. 202.23 [Amended]
28. Section 202.23(e)(1) and (2) are amended by removing
``$135.00'' and adding ``$270.00''.
Appendix A to Part 202 [Amended]
29. Appendix A to part 202 is amended in section A.2(i) by removing
the word ``mechanical'' and adding the word ``mechanical''.
PART 203--FREEDOM OF INFORMATION ACT: POLICIES AND PROCEDURES
30. The authority citation for part 203 is revised to read as
follows:
Authority: 17 U.S.C. 702; and 5 U.S.C. 552(a)(1).
31. Section 203.3 is revised to read as follows:
Sec. 203.3 Organization.
(a) In General. The Office of the Register exercises overall
direction of the work of the Copyright Office, including work in
conjunction with copyright legislation and promulgation of copyright
regulations. The Office of the Register of Copyrights includes the
legal and administrative, and automation staff.
(b) The Associate Register of Copyright for Operations has
oversight of the operating divisions of the Copyright Office. The
operating divisions are:
(1) The Receiving and Processing Division, which receives incoming
materials, dispatches outgoing materials
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and establishes control over fiscal accounts.
(20) The Examining Division, which examines all applications and
material presented to the Copyright Office for registration of original
and renewal copyright claims, and which determines whether the
materials deposited constitute coyrightable subject matter and whether
the other legal and formal requirements of Title 17 have been met.
(3) The Cataloging Division, which prepares the bibliographic
description of all copyrighted works registered in the Copyright
Office, including the recording of legal facts of copyright pertaining
to each work, in an on-line database in which copyright records can be
searched; and which also examines and catalogs in an on-line database
documents submitted for recordation.
(4) The Information and Reference Division, which provides a
national copyright information service through the Public Information
Office, educates the public on the copyright law, issues and
distributes information materials, responds to reference requests
regarding copyright matters, prepares search reports based upon
copyright records, certifies copies of legal documents concerned with
copyright, and maintains liaison with the United States Customs
Service, the Department of the Treasury, and the United States Postal
Service on certain matters. The Information and Reference Division also
develops, services, stores, and preserves the official records and
catalogs of the Copyright Office, including applications for
registration, historical records, and materials deposited for copyright
registration that are not selected by the Library of Congress for
addition to its collections.
(5) The Licensing Division, which implements the sections of the
Copyright Act dealing with secondary transmissions of radio and
television programs, compulsory licenses for making and distributing
phonorecords of nondramatic musical, pictorial, graphic, and sculptural
works in connection with noncommercial broadcasting. The Licensing
Division is in charge of collecting the statutory royalties and
distributing these royalties based on either a voluntary agreement
among the interested parties or a determination of the Copyright
Arbitration Royalty Panels.
(c) The Copyright General Counsel is a principal legal officer of
the Office. The General Counsel has overall supervisory responsibility
for the legal staff and primary responsibility for providing liaison on
legal matters between the Office and the Congress, the Department of
Justice and other agencies of Government, the courts, the legal
community, and a wide range of interests affected by the copyright law.
The Copyright General Counsel has responsibility for overseeing all
functions related to the administration of the compulsory licenses
including oversight of the Copyright Arbitration Royalty Panels.
(d) The Associate Register of Copyrights for International Affairs
and Policy is a principal legal adviser to the Register with primary
responsibility for the international aspects of copyright protection,
as well as legislative and policy matters.
(e) The Associate Register of Copyrights for National Programs is
primarily responsible for initiating, planning, developing, and
implementing projects and activities related to the Copyright Office
electronic registration, recordations, and deposit system (CORDS).
(f) The Office has no field organization.
(g) The Office is located in The James Madison Memorial Building of
the Library of Congress, 1st and Independence Avenue, SE., Washington,
DC. 20559. The Public Information Office is located in Room LM-401. Its
hours are 8:30 a.m. to 5 p.m., Monday through Friday except legal
holidays. The phone number of the Public Information Office is (202)
707-3000. Informational material regarding the copyright law, the
registration process, fees, and related information about the Copyright
Office and its functions may be obtained free of charge from the Public
Information Office upon request.
(h) All Copyright Office forms may be obtained free of charge from
the Public Information Office or by calling the Copyright Office
Hotline anytime day or night at (202) 707-9100.
(i) Copyright Office records in machine-readable form cataloged
from January 1, 1978, to the present including registration information
and recorded documents are now available over Internet. Most Copyright
Office circulars and all regulations and announcements are also
available over Internet.
PART 204--PRIVACY ACT: POLICIES AND PROCEDURES
32. The authority citation for part 204 is revised to read as
follows:
Authority: 17 U.S.C. 702; and 5 U.S.C. 552(a).
Sec. 204.4 [Amended]
33. Section 204.4(a) is amended by removing ``Information and
Publishing Section'' and adding ``Information Section.''
Secs. 204.5 and 204.7 [Amended]
34. Sections 204.5(a) and 204.7(a) are amended by removing
``Information and Publications Section'' and adding ``Information
Section''.
PART 211--MASK WORK PROTECTION
35. The authority citation for part 211 continues to read as
follows:
Authority: 17 U.S.C. 702 and 908.
Sec. 211.5 [Amended]
36. Section 211.5(a) is amended by removing the work ``proscribes''
and adding the word ``prescribes''.
Sec. 211.6 [Amended]
37. Section 211.6(b)(1) is amended by removing the phrase ``the
symbol `*M*', or the symbol `\' '' and adding the phrase ``the symbol
`M' or the symbol `M' ''.
PART 255--ADJUSTMENT OF ROYALTY PAYABLE UNDER COMPULSORY LICENSE
FOR MAKING AND DISTRIBUTING PHONORECORDS
38. The authority citation for part 255 continues to read:
Authority: 17 U.S.C. 801(b)(1) and 803.
Sec. 255.3 [Amended]
39. Section 255.3(h)(2) is amended by removing ``(g)(1)'' in both
places it appears and adding ``(h)(1)'' in both places.
Sec. 255.3 [Amended]
40. Section 255.3(h)(3) is amended by removing ``(g)'' and adding
``(h)''.
Dated: June 27, 1995.
Marilyn J. Kretsinger,
Acting General Counsel.
[FR Doc. 95-16120 Filed 6-29-95; 8:45 am]
BILLING CODE 1410-30-M