[Federal Register: July 7, 1999 (Volume 64, Number 129)]
[Rules and Regulations]
[Page 36574-36576]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07jy99-15]
=======================================================================
-----------------------------------------------------------------------
LIBRARY OF CONGRESS
Copyright Office
37 CFR Parts 201-204, 211, 251, 253, 259-260
Copyright Rules and Regulations: Copyright, Compulsory Licenses,
Copyright Arbitration Royalty Panel
AGENCY: Copyright Office, Library of Congress.
ACTION: Final rule; Technical amendments.
-----------------------------------------------------------------------
SUMMARY: The Copyright Office is making non-substantive housekeeping
amendments to its regulations to update them and to correct minor
errors.
EFFECTIVE DATE: July 7, 1999.
FOR FURTHER INFORMATION CONTACT: Marilyn J. Kretsinger, Assistant
General Counsel, Copyright GC/I&R, PO Box 70400, Southwest Station,
Washington, DC 20024. Telephone: (202) 707-8380. Telefax: (202) 707-
8366.
SUPPLEMENTARY INFORMATION: The Copyright Office periodically reviews
its regulations as published in the Code of Federal Regulations (CFR)
to correct minor or typographical errors in the published text. The
Office has identified minor errors in the currently published rules.
The following sections are amended to correct these errors:
Secs. 201.11(d)(1), 201.11(e)(6), 201.11(e)(7), 201.11(h)(2)(i),
201.17(d)(1), 201.17(h)(4)(iii), 201.17(k), 201.18(a)(1), 201.19(a)(1),
201.19(a)(2), 201.19(a)(4), 201.19(e)(4)(i), 201.19(e)(7)(iii),
201.19(f)(3)(viii), 201.27(c), 201.27(e)(1), 201.28(e)(4)(i),
201.29(e)(3), 201.35(a), 201.36(b)(1), 201.36(c), 201.37(a),
201.37(b)(1), 202.3(b)(7)(ii), 202.17(f)(2), 202.20(c)(2)(vii)(D)(3),
202.20(c)(2)(vii)(D)(4), 202.20(c)(2)(vii)(D)(5),
202.20(c)(2)(xi)(A)(2), 202.23(c)(1), 202.23(c)(2), 202.23(d),
203.3(g), 204.4(a), 204.5(a), 204.7(a), 204.8(a), 211.4(e),
211.5(c)(2), 211.5(d), 251.54(e), 251.56(a), 251.56(b), 253.3(e)(4),
253.8(b)(1)(ii)(D), and 260.2(c)(2). Typographical errors are corrected
in Secs. 201.1(b), 201.3(c), 201.3(c)(5), 201.10(b)(1)(v),
201.10(e)(2), 201.17(e)(2)(i), 201.17(j)(3)(iv)(A), 201.18(a)(3),
201.19(c)(4), 201.28(c)(4), 202.22(a), 202.22(c)(1), 203.4(f)(2),
251.58(b), 253.8(b)(1)(i)(A), 259.3(a)(5), 260.2(c)(1)(v), and 260.7.
List of Subjects
37 CFR Part 201
Copyright, General provisions.
37 CFR Part 202
Claims, Copyright.
37 CFR Part 203
Freedom of information.
37 CFR Part 204
Privacy.
37 CFR Part 211
Mask work protection.
37 CFR Part 251
Administrative practice and procedure, Hearing and appeal
procedures.
37 CFR Part 253
Noncommercial educational broadcasting, Copyright.
37 CFR Part 259
Claims, Copyright, Digital audio recording devices and media.
37 CFR Part 260
Copyright, Digital audio transmissions, Performance right, Sound
recordings.
Final Rule
Accordingly, 37 CFR Chapter II is amended by making the following
corrections and amendments.
PART 201--GENERAL PROVISIONS
1. The authority citation for part 201 continues to read as
follows:
Authority: 17 U.S.C. 702.
Sec. 201.1 [Amended]
2. Section 201.1(b) is amended by removing ``SE.,'' and adding in
its place ``SE,''.
Sec. 201.3 [Amended]
3. Section 201.3 is amended in the Table, in the column entitled
``Fees'' in paragraph (c)(5) by removing ``10'' and adding ``10
<SUP>1</SUP>'' in paragraph (c)(8) by removing ``10'' and adding ``10
<SUP>2</SUP>'', and by removing the word ``issue'' in footnote 1 and
adding ``issues''.
4. Section 201.3(c)(5) is amended by removing the word ``series''
and adding in its place ``serials''.
Sec. 201.10 [Amended]
5. Section 201.10(b)(1)(v) is amended by removing the word
``aurhor's'' and adding in its place ``author's''.
6. Section 201.10(e)(2) is amended by removing the word
``describling'' and adding in its place ``describing''.
Sec. 201.11 [Amended]
7. Section 201.11(d)(1) is amended by removing ``Licensing
Division, United States Copyright Office, Library of Congress,
Washington, DC 20557'' and adding in its place ``Library of Congress,
Copyright Office, Licensing Division, 101 Independence Avenue, SE,
Washington, DC 20557-6400''.
8. Section 201.11(e)(6) is amended by removing ``of 17.5 cents per
subscriber, on in the case of syndex-proof superstations as defined in
37 CFR 258.2, 14 cents (or in lieu thereof, the arbitrated rate, if
applicable)'' and adding in its place ``prescribed in Sec. 258.3 of
this chapter''.
9. Section 201.11(e)(7) is amended by removing ``of six (6) cents
per subscriber (or, in lieu thereof, the arbitrated rate, if
applicable)'' and adding in its place ``prescribed in Sec. 258.3 of
this chapter''.
10. Section 201.11(h)(2)(i) is amended by removing the phrase
``Cable operators'' and adding in its place ``Satellite carriers''.
Sec. 201.17 [Amended]
11. Section 201.17(d)(1) is amended by removing ``Licensing
Division, United States Copyright Office, Library of Congress,
Washington, DC 20557'' and adding in its place ``Library of Congress,
Copyright Office, Licensing Division, 101 Independence Avenue, SE,
Washington, DC 20557-6400''.
12. Section 201.17(e)(2)(i) is amended by removing ``'owner''' and
adding in its place ``owner''.
13. Section 201.17(h)(4)(iii) is amended by adding ``(65)'' after
``sixty-five''.
14. Section 201.17(j)(3)(iv)(A) is amended by removing ``paragraph
must'' and adding in its place ``paragraph) must''.
15. Section 201.17(k) is amended by removing all material after the
phrase ``United States Code.'' beginning with ``Any such entity''.
Sec. 201.18 [Amended]
16. Section 201.18(a)(1) is amended by removing the phrase ``as
amended by Pub. L. 94-553,''.
17. Section 201.18(a)(3) is amended by removing ``coowners'' and
adding the word ``co-owners'' in its place.
Sec. 201.19 [Amended]
18. Sections 201.19(a)(1), (a)(2), and (a)(4) are amended by
removing the
[[Page 36575]]
phrase ``section 115(c)(3)'' and adding in its place ``section
115(c)(5)'' and by removing the phrase ``as amended by Pub. L. 94-
553,''.
19. Section 201.19(c)(4) is amended by removing ``nine month'' and
adding in its place ``nine-month''.
20. Sections 201.19(e)(4)(i) and (e)(7)(iii) are amended by
removing the phrase ``as amended by Pub. L. 94-553,''.
21. Section 201.19(f)(3)(viii) is amended by removing the phrase
``as amended by Pub. L. 94-553,''.
Sec. 201.27 [Amended]
22. Section 201.27(c) is amended by ``Licensing Division of the
Copyright Office, Washington, DC 20557'' and adding in its place
``Library of Congress, Copyright Office, Licensing Division, 101
Independence Avenue, SE, Washington, DC 20557-6400''.
23. Section 201.27(e)(1) is amended by removing the phrase ``of or
the'' and adding in its place ``or if the''.
Sec. 201.28 [Amended]
24. Section 201.28(c)(4) is amended by removing the phrase ``two
month'' and adding in its place ``two-month''.
25. Section 201.28(e)(4)(i) is amended by removing ``U.S.'' and
adding in its place ``of the United States''.
Sec. 201.29 [Amended]
26. Section 201.29(e)(3) is amended by removing ``Licensing
Division, Copyright Office, Library of Congress, Washington, DC 20557-
6400'' and adding in its place ``Library of Congress, Copyright Office,
Licensing Division, 101 Independence Avenue, SE, Washington, DC 20557-
6400''.
Sec. 201.35 [Amended]
27. Section 201.35(a) is amended by removing the phrase ``as
amended by Pub. L. 104-39, 109, Stat. 336''.
Sec. 201.36 [Amended]
28. Section 201.36(b)(1) is amended by removing ``section
114(f)(1)'' and adding in its place ``section 114(f)(1)(A)''; by
removing ``section 114(f)(4)(A)'' and adding in its place ``section
114(f)(1)(C)(i)''; by removing ``section 114(f)(2)'' and adding in its
place ``section 114(f)(1)(B)''; and by removing ``section
114(f)(4)(B)'' and adding in its place ``section 114(f)(1)(C)(ii)''.
29. Section 201.36(c) is amended by removing ``section 114(f)(1)''
and adding in its place ``section 114(f)(1)(A)''; by removing ``section
114(f)(4)(A)'' and adding in its place ``section 114(f)(1)(C)(i)''; by
removing ``section 114(f)(2)'' and adding in its place ``section
114(f)(1)(B)''; and by removing ``section 114(f)(4)(B)'' and adding in
its place ``section 114(f)(1)(C)(ii)''.
Sec. 201.37 [Amended]
Section 201.37(a) is amended by removing the phrase ``as amended by
Pub. L. 104-39, 109 Stat. 336,''.
Section 201.37(b)(1) is amended by removing ``section 114(f)(1)''
and adding in its place ``section 114(f)(1)(A)''; by removing ``section
114(f)(4)(A)'' and adding in its place ``section 114(f)(1)(C)(i)''; by
removing ``section 114(f)(2)'' and adding in its place ``section
114(f)(1)(B)''; and by removing ``section 114(f)(4)(B)'' and adding in
its place ``section 114(f)(1)(C)(ii)''.
PART 202--REGISTRATION OF CLAIMS TO COPYRIGHT
32. The authority citation for part 202 continues to read as
follows:
Authority: 17 U.S.C. 702.
Sec. 202.3 [Amended]
33. Section 202.3(b)(7)(ii) is amended by removing the phrase
``this Sec. 202.3(b)(7)'' and adding in its place ``paragraph (b)(7) of
this section''.
Sec. 202.17 [Amended]
34. Section 202.17(f)(2) is amended by adding the phrase ``of this
section'' after ``(f)(1)'' and after ``(f)(1)(iii)''.
Sec. 202.20 [Amended]
35. Section 202.20(c)(2)(vii)(D)(3) is amended by removing the word
``this'' and adding in its place ``of this section'' after ``paragraph
(c)(2)(vii)(D)''.
36. Section 202.20(c)(2)(vii)(D)(4) is amended by adding the phrase
``of this section'' at the end of the paragraph.
37. Section 202.20(c)(2)(vii)(D)(5) is amended by removing the
phrase ``(6) or (7) immediately below'' and adding in its place
``paragraphs (c)(2)(vii)(D)(6) or (7) of this section''.
38. Section 202.20(c)(2)(xi)(A)(2) is amended by removing the word
``below'' and adding in its place ``of this section''.
Sec. 202.22 [Amended]
39. Section 202.22(a) is amended by removing the word
``copywright'' and adding in its place ``copyright''.
40. Section 202.22(c)(1) is amended by removing the word ``itle''
and adding in its place ``Title''.
Sec. 202.23 [Amended]
41. Section 202.23(c)(1) is amended by adding the phrase ``of this
section'' after ``paragraph (b)''.
42. Section 202.23(c)(2) is amended by removing the phrase ``37
CFR''.
43. Section 202.23(d) is amended by removing the phrase ``37 CFR''
and adding in its place ``Secs. ''.
PART 203--FREEDOM OF INFORMATION ACT: POLICIES AND PROCEDURES
44. The authority citation for part 203 continues to read as
follows:
Authority: 17 U.S.C. 702; 5 U.S.C. 552, as amended.
Sec. 203.3 [Amended]
45. Section 203.3(g) is amended by adding ``-6000'' after
``20559''.
Sec. 203.4 [Amended]
46. Section 203.4(f)(2) is amended by removing the word
``requestor'' and adding in its place ``requester''.
PART 204--PRIVACY ACT: POLICIES AND PROCEDURES
47. The authority citation for part 204 continues to read as
follows:
Authority: 17 U.S.C. 702; 5 U.S.C. 552(a).
Sec. 204.4 [Amended]
48. Section 204.4(a) is amended by adding ``-6000'' after
``20559''.
Sec. 204.5 [Amended]
49. Section 204.5(a) is amended by adding ``-6000'' after
``20559''.
Sec. 204.7 [Amended]
50. Section 204.7(a) is amended by adding ``-6000'' after
``20559''.
Sec. 204.8 [Amended]
51. Section 204.8(a) is amended by adding ``-6000'' after
``20559''.
PART 211--MASK WORK PROTECTION
52. The authority citation for part 211 continues to read as
follows:
Authority: 17 U.S.C. 702 and 908.
Sec. 211.4 [Amended]
53. Section 211.4(e) is amended by adding the phrase ``of this
section'' after ``paragraph (c)(2)''.
Sec. 211.5 [Amended]
54. Section 211.5(c)(2) is amended by adding the phrase ``of this
section'' after ``paragraph (b)(2)(i)''.
55. Section 211.5(d) is amended by adding ``-6000'' after
``20559''.
PART 251--COPYRIGHT ARBITRATION ROYALTY PANEL RULES OF PROCEDURE
56. The authority citation for part 251 continues to read as
follows:
Authority: 17 U.S.C. 801-803.
Sec. 251.54 [Amended]
57. Section 251.54(e) is amended by removing the word ``directly''
after ``arbitrators''.
[[Page 36576]]
Sec. 251.56 [Amended]
58. Section 251.56(a) is amended by removing the number ``60'' and
adding the number ``90'' in its place.
59. Section 251.56(b) is amended by removing the phrase ``the
order'' and adding in its place the phrase ``the Librarian shall have
an additional 30 days to issue the order which''.
Sec. 251.58 [Amended]
60. Section 251.58(b) is amended by removing ``30 day'' and adding
in its place ``30-day''.
PART 253--USE OF CERTAIN COPYRIGHTED WORKS IN CONNECTION WITH
NONCOMMERCIAL EDUCATIONAL BROADCASTING
61. The authority citation for part 253 continues to read:
Authority: 17 U.S.C. 118, 801(b)(1), and 803.
Sec. 253.3 [Amended]
62. Section 253.3(e)(4) is amended by removing the word ``or''
after the word ``author''.
Sec. 253.8 [Amended]
63. Section 253.8(b)(1)(i)(A) is amended by removing the symbol
``]'' after ``64.78''.
64. Section 253.8(b)(1)(ii)(D) is amended by removing the word
``semin'' before the word ``reproduced''.
PART 259--FILING OF CLAIMS TO DIGITAL AUDIO RECORDING DEVICES AND
MEDIA ROYALTY PAYMENTS
65. The authority citation for part 259 continues to read:
Authority: 17 U.S.C. 1007(a)(1).
Sec. 259.3 [Amended]
66. Section 259.3(a)(5) is amended by removing ``1001(6)'' each
place it appears and adding in its place ``1001(6))''.
PART 260--USE OF SOUND RECORDINGS IN A DIGITAL PERFORMANCE
67. The authority citation for part 260 continues to read:
Authority: 17 U.S.C. 114, 801(b)(1).
Sec. 260.2 [Amended]
68. Section 260.2(c)(1)(v) is amended by removing the word
``licensee'' and adding in its place ``Licensee''.
69. Section 260.2(c)(2) is amended by removing the phrase ``as are
in'' and adding in its place ``as set forth in''.
Sec. 260.7 [Amended]
70. Section 260.7 is amended by removing the phrase ``three year''
and adding in its place ``three-year''.
Dated: June 29, 1999.
David O. Carson,
General Counsel.
[FR Doc. 99-16940 Filed 7-6-99; 8:45 am]
BILLING CODE 1410-31-P