[Federal Register Volume 60, Number 126 (Friday, June 30, 1995)]
[Rules and Regulations]
[Pages 34167-34169]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16120]



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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 ``'' 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 

[[Page 34169]]
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