[Federal Register Volume 60, Number 59 (Tuesday, March 28, 1995)]
[Rules and Regulations]
[Pages 15874-15875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7564]



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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.

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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unpublished and published works.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