[Federal Register Volume 61, Number 222 (Friday, November 15, 1996)]
[Proposed Rules]
[Page 58497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-29199]



[[Page 58497]]

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LIBRARY OF CONGRESS

Copyright Office

37 CFR Part 202

[Docket No. 96-6]


``Best Edition'' of Published Copyrighted Works for the 
Collections of the Library of Congress

AGENCY: Copyright Office, Library of Congress.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Copyright Office of the Library of Congress is proposing 
amendments to the regulations regarding the deposit of the ``best 
edition'' of published motion pictures. The purpose of the proposed 
rule is to remove the ``most widely distributed gauge'' as a selection 
factor of the ``best edition'' and add new videotape formats to the 
prioritized list of material preferences based on current industry 
practices.

DATES: Comments should be received on or before December 6, 1996.
ADDRESSES: If sent BY MAIL, ten copies of written comments should be 
addressed to 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. If BY HAND, ten 
copies should be brought to: Office of the General Counsel, Copyright 
Office, James Madison Memorial Building, Room LM-407, First and 
Independence Avenue, S.E., Washington, D.C. 20540.

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: Sections 407 and 408 of title 17, United 
States Code, require that for published works the copies or 
phonorecords deposited in the Copyright Office be of the ``best 
edition.'' ``The `best edition' of a work is the edition, published in 
the United States, at any time before the date of deposit, that the 
Library of Congress determines to be most suitable for its purposes,'' 
17 U.S.C. 101.
    ``When two or more editions of the same version of a work have been 
published, the one of the highest quality is generally considered to be 
the `best edition'.'' 37 CFR 202, APP. B. The Copyright Office has 
published regulations that set out the Library's specific criteria on 
what is the best edition. See generally 37 CFR 202.19, 202.20 and 
Appendix B to Part 202 -- ``Best Edition'' of Published Copyrighted 
Works for the Collections of the Library of Congress. These regulations 
give the selection criteria to be applied in determining the best 
edition of each of several types of materials, these criteria list 
formats in descending order of importance. Id. The criteria for 
``Motion Pictures'' is set forth in 37 CFR 202, APP. B III.
    For a number of years, the Library of Congress has used ``gauge in 
which most widely distributed'' as a high ranking preference in its 
selection of both film print and videotape. At its inception, this 
criterion permitted the Library to acquire copies that met the 
Library's standards for archival quality while working to the benefit 
of the motion picture industry as well. Copies originally deposited to 
meet this criterion were typically 35mm prints rather than the more 
limited 70mm prints and \3/4\'' videotapes rather than the 2'' 
videotape broadcast medium.
    Over the years, the application of this criterion began to work 
against the archival interests of the Library. The primary reason for 
this change has been the wide use of VHS \1/2\'' videotape. For the 
last ten years, when two or more tape gauges have been distributed, the 
VHS \1/2\'' videotape typically has been the most widely distributed 
and therefore under the Library's criteria, the best edition. The 
Library does not consider this particular \1/2\'' gauge to represent an 
acceptable archival quality medium. The Library has concluded that use 
of the ``most widely distributed gauge'' in the area of film prints is 
now detrimental to the interests of the Library of Congress.
    During this same period, the 1'' videotape became the industry 
standard as the broadcast gauge, and the 2'' gauge became almost 
obsolete. The 1'' gauge is less expensive and bulky than the 2'' gauge 
and is an excellent archival medium. At this time, therefore, the 1'' 
format is the highest quality format in the videotape medium.
    The television industry is currently widely using several new \1/
2\'' videotape formats, including the Betacam and the D-2 cassette, 
because of their high quality. These formats were not available when 
the best edition criteria were developed. The Library has determined 
that both of these formats meet its archival standards and are superior 
to the \3/4\'' videotape.
    The Office is, therefore, proposing to amend its regulations to 
remove the ``gauge in which most widely distributed'' as a criterion in 
Appendix B, III and to add the new high quality videotape formats.

List of Subjects in 37 CFR Part 202

    Claims, Copyright.

Proposed Regulations

    In consideration of the foregoing, the Copyright Office amends 37 
CFR part 202 in the manner set forth below:

PART 202--[AMENDED]

Appendix B to Part 202--``Best Edition'' of Published Copyrighted Works 
for the Collections of the Library of Congress

    1. The authority citation for part 202 continues to read as 
follows:

    Authority: 17 U.S.C. 702.

    2. In part 202. Appendix B, ``III. Motion Pictures'' is revised to 
read as follows:
* * * * *

III. Motion Pictures

    Film medium is considered a better quality than any other medium. 
The formats under ``film'' and ``videotape'' are listed in descending 
order of preference:
    A. Film:
    1. Preprint material with special arrangement.
    2. 35mm positive prints.
    3. 16mm positive prints.
    B. Videotape:
    1. One-inch open reel tape.
    2. Betacam cassette.
    3. D-2 cassette.
    4. Videodisc.
    5. Three-quarter inch cassette.
    6. One-half inch VHS cassette.
* * * * *
    Dated: November 4, 1996.
Marybeth Peters,
Register of Copyrights.

    Approved by:
James H. Billington,
The Librarian of Congress.
[FR Doc. 96-29199 Filed 11-14-96; 8:45 am]
BILLING CODE 1410-30-P