[Federal Register: November 3, 1998 (Volume 63, Number 212)]
[Rules and Regulations]
[Page 59235-59236]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03no98-12]
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LIBRARY OF CONGRESS
Copyright Office
37 CFR Part 201
[Docket No. RM 98-10]
Corrections and Amplifications of Copyright Registrations;
Applications for Supplementary Registration
AGENCY: Copyright Office, Library of Congress.
ACTION: Interim Rule; correction.
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SUMMARY: Subsection 408(d) of the Copyright Act authorizes the Register
of Copyrights to accept applications for supplementary registration to
correct errors or amplify information in basic registrations. The
Copyright Office of the Library of Congress is now changing the
regulatory language to clarify the type of amplification that may be
made to a basic registration through supplementary registration.
EFFECTIVE DATE: November 3, 1998.
FOR FURTHER INFORMATION CONTACT: David O. Carson, General Counsel, or
Renee Coe, Attorney Advisor, Copyright GC/I&R, PO Box 70400, Southwest
Station, Washington, DC 20024. Telephone (202) 707-8380 or Telefax
(202) 707-8366.
SUPPLEMENTARY INFORMATION:
Background
Subsection 408(d) of the Copyright Act authorizes the Register of
Copyrights to accept applications for supplementary registration. The
purpose of supplementary registration is to correct errors or amplify
information in a basic registration. The regulations for supplementary
registration are contained in 37 CFR 201.5, which took effect on
January 1, 1978, to implement the 1976 revision of the Copyright Act.
Since that time, only minor technical amendments have been made to
Sec. 201.5.
The Copyright Office is now revising portions of Sec. 201.5(b) to
convey more clearly the Copyright Office's practices and procedures
regarding the kind of amplifications that may be made to a basic
registration through supplementary registration. The purpose of this
notice is to remove any ambiguity concerning paragraph (b) that might
exist by clarifying what has been standard practice for many years.
The Copyright Office determined that paragraph (b) should be
clarified after it recently became aware that a member of the public
misinterpreted the kind of amplification that may be made to a basic
application through supplementary registration. Under this
misinterpretation, paragraph (b) would prevent an amplification to add
the name of someone who is a co-claimant or co-owner of a copyright but
who is not also a co-author. The Copyright Office recognizes that
paragraph (b) may be susceptible of such a misinterpretation. This
amendment will preclude such an interpretation by clarifying that
supplementary registration may be used to add the name of a co-owner or
co-claimant who is not a co-author but whose name should have been
provided at the time the basic registration was made.
This clarification is made by limiting amplifications to the
information that is required by the application for the basic
registration. See Sec. 201.5(b)(2)(ii)(A). Defined this way, it is
clear that supplementary registration may be made to add information
about claimants, whether or not they are also authors, if such
information constitutes a correct statement of the facts that existed
at the time of the original submission of the claim already on record.
The information that is required in an application for a basic
registration is set forth at 17 U.S.C. 409. The Copyright Office
follows the general policy of requiring all authors and copyright
claimants to supply information, consistent with 17 U.S.C. 409,
concerning the authorship being claimed in the application for
registration.
As revised, Sec. 201.5(b)(2)(ii)(A) now expressly states that a
supplementary registration may be made to provide information ``such as
the identity of a co-author or co-claimant.'' This amendment also
clarifies that an amplification may not be made through supplementary
registration to add information about an owner or claimant who acquired
a copyright claim on or after the effective date of registration. See
Sec. 201.5(b)(2)(iii)(A).
These changes clarify what have been the Copyright Office's
longstanding practices and procedures. There will be no change in
Copyright Office procedures as a result of this amendment.
List of Subjects in 37 CFR Part 201
Copyright, Registration.
Interim Rule
For the reasons stated above, 37 CFR 201.5 is amended as set forth
below:
PART 201--GENERAL PROVISIONS
1. The authority citation for part 201 continues to read as
follows:
Authority: 17 U.S.C. 702.
[[Page 59236]]
Sec. 201.5 [Amended]
2. Amend Sec. 201.5 to revise paragraphs (b)(2)(ii) and
(b)(2)(iii)(A) to read as follows:
* * * * *
(b) * * *
(2) * * *
(ii) An amplification is appropriate:
(A) To supplement or clarify the information that was required by
the application for the basic registration and should have been
provided, such as the identity of a co-author or co-claimant, but was
omitted at the time the basic registration was made, or
(B) To reflect changes in facts, other than those relating to
transfer, license, or ownership of rights in the work, that have
occurred since the basic registration was made.
(iii) * * *
(A) an amplification, to reflect a change in ownership that
occurred on or after the effective date of the basic registration or to
reflect the division, allocation, licensing or transfer of rights in a
work; or
* * * * *
Dated: October 25, 1998.
Marybeth Peters,
Register of Copyrights.
Approved by:
James H. Billington,
Librarian of Congress.
[FR Doc. 98-29383 Filed 11-2-98; 8:45 am]
BILLING CODE 1410-30-P