[Federal Register: December 28, 2004 (Volume 69, Number 248)]
[Rules and Regulations]
[Page 77636-77637]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28de04-7]
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LIBRARY OF CONGRESS
Copyright Office
37 CFR Parts 202, 211, and 212
[Docket No. RM 2004-5]
Reconsideration Procedure
AGENCY: Copyright Office, Library of Congress.
ACTION: Final rule.
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SUMMARY: The Copyright Office is publishing a final rule concerning
reconsideration procedures. With a few modifications, this regulation
continues procedures adopted by the U.S. Copyright Office in 1995 that
permit copyright applicants to request reconsideration of its decisions
to refuse registration. This regulation amends those procedures and
incorporates them into Copyright Office regulations. Copyright
applicants will continue to have two opportunities to seek
reconsideration of a Copyright Office decision to refuse registration.
A significant modification is that the reconsideration procedures are
also made applicable to the Office's refusals to register mask works
and vessel hull designs.
EFFECTIVE DATE: January 27, 2005.
FOR FURTHER INFORMATION CONTACT: Marilyn J. Kretsinger, Associate
General Counsel, or Renee Coe, Senior Attorney at this address:
Copyright GC/I&R, P.O. Box 70400, Washington, DC 20024-0400. Telephone:
(202) 707-8380. Telefax: (202) 707-8366.
SUPPLEMENTARY INFORMATION: On July 13, 2004, the Copyright Office
published a notice of proposed rulemaking seeking comment on its
proposed revision of parts 202, 211 and 212 of subchapter A of Chapter
II, 37 CFR. The purpose of this notice is to announce the final rule.
This regulation establishes procedures for applicants to request
that the Copyright Office reconsider refusals to register copyright
claims and claims in mask works or vessel hull designs. There are two
opportunities for reconsideration of a refusal to register. At the
first level of reconsideration, the Examining Division of the Copyright
Office reviews its initial decision to refuse registration. At the
second level, the Review Board conducts the review of a refusal to
register. For administrative reasons, the Copyright Office is making
one change in the membership of the Review Board which considers the
second request for reconsideration. The Review Board is composed of
three members; the first two members are the Register of Copyrights and
the General Counsel or their respective designees. The third member
will be designated by the Register. This rule also establishes
procedures for mailing or hand delivering requests for reconsideration
and related documents.
In response to the publication of the proposed rule, the Copyright
Office did not receive any comments. Consequently, the Copyright Office
is adopting the previously proposed text, as a final rule, with the one
administrative change noted above and without substantive change, as
follows:
List of Subjects
37 CFR Part 202
Claims, Copyright.
37 CFR Part 211
Freedom of Information.
37 CFR Part 212
Vessels.
Proposed Regulations
0
In consideration of the foregoing, the Copyright Office amends parts
202, 211 and 212 of 37 CFR, chapter II in the manner set forth below:
PART 202--REGISTRATION OF CLAIMS TO COPYRIGHT
0
1. The authority citation for part 202 continues to read as follows:
Authority: 17 U.S.C. 702.
0
2. Add Sec. 202.5 to read as follows:
Sec. 202.5 Reconsideration Procedure for Refusals to Register.
(a) General. This section prescribes rules pertaining to procedures
for administrative review of the Copyright Office's refusal to register
a claim to copyright, a mask work, or a vessel hull design upon a
finding by the Office that the application for registration does not
satisfy the legal requirements of title 17 of the United States Code.
If an applicant's initial claim is refused, the applicant is entitled
to request that the initial refusal to register be reconsidered.
(b) First reconsideration. Upon receiving a written notification
from the Examining Division explaining the reasons for a refusal to
register, an applicant may request that the Examining Division
reconsider its initial decision to refuse registration, subject to the
following requirements:
(1) An applicant must request in writing that the Examining
Division reconsider its decision. A request for reconsideration must
include the reasons the applicant believes registration was improperly
refused, including any legal arguments in support of those reasons and
any supplementary information. The Examining Division will base its
decision on the applicant's written submissions.
(2) The fee set forth in Sec. 201.3(d)(4) of this chapter must
accompany the first request for reconsideration.
(3) The first request for reconsideration and the applicable fee
must be received by the Copyright Office no later than three months
from the date that appears in the Examining Division's written notice
of its initial decision to refuse registration. When the ending date
for the three-month time period falls on a weekend or a Federal
holiday, the ending day of the three-month period shall be extended to
the next Federal work day.
(4) If the Examining Division decides to register an applicant's
work in response to the first request for reconsideration, it will
notify the applicant in writing of the decision and the work will be
registered. However, if the Examining Division again refuses to
register the work, it will send the
[[Page 77637]]
applicant a written notification stating the reasons for refusal within
four months of the date on which the first request for reconsideration
is received by the Examining Division. When the ending date for the
four-month time period falls on a weekend or a Federal holiday, the
ending day of the four-month period shall be extended to the next
Federal work day. Failure by the Examining Division to send the written
notification within the four-month period shall not result in
registration of the applicant's work.
(c) Second reconsideration. Upon receiving written notification of
the Examining Division's decision to refuse registration in response to
the first request for reconsideration, an applicant may request that
the Review Board reconsider the Examining Division's refusal to
register, subject to the following requirements:
(1) An applicant must request in writing that the Review Board
reconsider the Examining Division's decision to refuse registration.
The second request for reconsideration must include the reasons the
applicant believes registration was improperly refused, including any
legal arguments in support of those reasons and any supplementary
information, and must address the reasons stated by the Examining
Division for refusing registration upon first reconsideration. The
Board will base its decision on the applicant's written submissions.
(2) The fee set forth in Sec. 201.3(d)(4) of this chapter must
accompany the second request for reconsideration.
(3) The second request for reconsideration and the applicable fee
must be received in the Copyright Office no later than three months
from the date that appears in the Examining Division's written notice
of its decision to refuse registration after the first request for
reconsideration. When the ending date for the three-month time period
falls on a weekend or a Federal holiday, the ending day of the three-
month period shall be extended to the next Federal work day.
(4) If the Review Board decides to register an applicant's work in
response to a second request for reconsideration, it will notify the
applicant in writing of the decision and the work will be registered.
If the Review Board upholds the refusal to register the work, it will
send the applicant a written notification stating the reasons for
refusal.
(d) Submission of reconsiderations. (1) All mail, including any
that is hand delivered, should be addressed as follows:
RECONSIDERATION, Copyright R&P Division, P.O. Box 71380, Washington, DC
20024-1380. If hand delivered by a commercial, non-government courier
or messenger, a request for reconsideration must be delivered between
8:30 a.m. and 4 p.m. to: Congressional Courier Acceptance Site, located
at Second and D Streets, NE., Washington, DC. If hand delivered by a
private party, a request for reconsideration must be delivered between
8:30 a.m. and 5 p.m. to: Room 401 of the James Madison Memorial
Building, located at 101 Independence Avenue, SE., Washington, DC.
(2) The first page of the written request must contain the
Copyright Office control number and clearly indicate either ``FIRST
RECONSIDERATION'' or ``SECOND RECONSIDERATION,'' as appropriate, on the
subject line.
(e) Suspension or wavier of time requirements. For any particular
request for reconsideration, the provisions relating to the time
requirements for submitting a request under this section may be
suspended or waived, in whole or in part, by the Register of Copyrights
upon a showing of good cause. Such suspension or waiver shall apply
only to the request at issue and shall not be relevant with respect to
any other request for reconsideration from that applicant or any other
applicant.
(f) Composition of the Review Board. The Review Board shall consist
of three members; the first two members are the Register of Copyrights
and the General Counsel or their respective designees. The third member
will be designated by the Register.
(g) Final agency action. A decision by the Review Board in response
to a second request for reconsideration constitutes final agency
action.
PART 211--MASK WORK PROTECTION
0
3. The authority citation for part 211 continues to read as follows:
Authority: 17 U.S.C. 702 and 908.
0
4. Add Sec. 211.7 to read as follows:
Sec. 211.7 Reconsideration procedure for refusals to register.
The requirements prescribed in Sec. 202.5 of this chapter for
reconsideration of refusals to register copyright claims are applicable
to requests to reconsider refusals to register mask works under 17
U.S.C. chapter 9, unless otherwise required by this part.
PART 212--PROTECTION OF VESSEL HULL DESIGNS
0
5. The authority citation for part 212 continues to read as follows:
Authority: 17 U.S.C. chapter 13.
0
6. Add Sec. 212.7 to read as follows:
Sec. 212.7 Reconsideration procedure for refusals to register.
The requirements prescribed in Sec. 202.5 of this chapter for
reconsideration of refusals to register copyright claims are applicable
to requests to reconsider refusals to register vessel hull designs
under 17 U.S.C. chapter 13, unless otherwise required by this part.
Dated: December 3, 2004.
Marybeth Peters,
Register of Copyrights.
Approved by:
James H. Billington,
Librarian of Congress.
[FR Doc. 04-28396 Filed 12-27-04; 8:45 am]
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