[Federal Register Volume 64, Number 104 (Tuesday, June 1, 1999)]
[Rules and Regulations]
[Pages 29522-29524]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13737]


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LIBRARY OF CONGRESS

Copyright Office

37 CFR Part 202

[Docket No. RM 99-3]


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 
under conditions similar to those presently in place for group 
registration of daily newspapers and for the same fee, but with 
different deposit requirements. A claimant in daily newsletters that 
are routinely issued at least two days each week may register these 
newsletters in a group at a reduced fee, on a single application, if 
they meet certain requirements. The group registration privilege is 
contingent upon the claimant meeting the conditions specified in the 
regulation.

EFFECTIVE DATE: This rule will become effective July 1, 1999.

FOR FURTHER INFORMATION CONTACT: David O. Carson, General Counsel, P.O. 
Box 70400, Southwest Station, Washington, DC 20024. Telephone: (202) 
707-8380. Telefax (202) 707-8366. Harriet L. Oler, Assistant Register 
for Legal Education and Special Programs, Telephone: (202) 707-8350. 
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

[[Page 29523]]

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 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unpublished and published works.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)]; 
on September 1, 1992, it issued regulations permitting group 
registration of daily newspapers [57 FR 39615 (Sept. 1, 1992)]; and on 
March 28, 1995, it issued regulations permitting group registration of 
daily newsletters [59 FR 15874 (Mar. 28, 1995)]. The regulations 
adopted in 1990 and 1992 continue to govern group registration of 
serials other than those daily newsletters qualified to register under 
this new regulation.
    On October 1, 1998, the Copyright Office conducted public hearings 
prior to proposing increased fees for providing certain services 
including registration. [Hearing on Proposed Fee Increase, U.S. 
Copyright Office (October 1, 1998); 63 FR 43426, (Aug. 13, 1998)]. At 
this hearing, and in response to written comments submitted to the 
Office during this process, publishers of daily newsletters argued that 
they should be entitled to a price reduction for registering groups of 
claims similar to that presently enjoyed by publishers of daily 
newspapers. The Office agrees that daily newsletters should be treated 
similarly in terms of required registration fees, but it believes that 
the deposit requirements for daily newsletters should be different in 
order to respond to the acquisitions needs of the Library of Congress.

Definition

    For purposes of this regulation, a daily newsletter is defined as a 
serial published and distributed by mail or electronic media (online or 
telefacsimile) or in any medium including, but not limited to, paper, 
cassette tape, diskette or CD-ROM. Publication must occur on at least 
two days each week and the newsletter must contain news or information 
of interest chiefly to a special group (for example, trade and 
professional associations, corporate in-house groups, schools, 
colleges, or churches).

Requirements

    The Copyright Office is now amending its regulation that permits 
group registration of daily newsletters in order to permit qualified 
newsletters that meet all of the specified conditions to use the same 
form and pay the same fee as daily newspapers. Under the regulation, 
daily newsletters that are published routinely on at least two days 
each week may be registered in groups at a reduced fee if all other 
requirements are met. Claimants in works 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 G/DN 
with the deposit specified below. 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. To accommodate the Library's need for 
timely receipt of these published materials, registration of the group 
must be sought within three months from the date of publication of the 
last issue included in the group registration application. If a 
claimant wishes to register a claim in a group of daily newsletters 
that meet the above definition, but is unable to submit the deposit 
requested by the Library or has failed to seek registration within the 
prescribed three months from the publication date of the last issue 
included in the group, that claimant is not eligible for this group 
registration and may file Form SE or Short Form SE, along with the fee 
corresponding to the appropriate form.

Deposit

    The deposit required for a group of daily newsletters on form G/DN 
shall be as follows: One complete copy of each issue included in the 
group must be submitted with the application form. In addition, if the 
Library of Congress makes a written request before an application for 
registration is submitted, the claimant must give the Library up to two 
complimentary subscriptions of the specified newsletter or, at the 
Library's alternative written request, a single microfilm of the issues 
included in the group. Any microfilm deposit must consist of positive, 
35 mm silver halide microfilm meeting the Library's best edition 
criteria that reproduces in their entirety all issues published as 
final editions with issue dates in the designated calendar month.

Effective Date

    This regulation and the new procedures it establishes will be 
applied prospectively only to the issues of daily newsletters first 
published on or after the effective date of the regulation. The 
regulation is issued in final form for these reasons: The regulation 
confers a positive benefit on the public affected; the regulation 
establishes an optional procedure; other procedures are available for 
registering newsletters; and the Copyright Office prepared the 
regulation based upon its experience in administering other group 
registrations and its review of comments received in response to an 
earlier request for comments. [63 FR 43426 (Aug. 13, 1998)].

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--REGISTRATION OF CLAIMS TO COPYRIGHT

    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) and the footnote to paragraph 
(c)(2) are revised 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 or 
telefacsimile), or in any medium including but not limited to, paper, 
cassette tape, diskette or CD-ROM). Publication must occur on at least 
two days each week and the newsletter must contain news or information 
of interest chiefly to a special group (for example, trade and 
professional associations, corporate in-house groups, schools, 
colleges, or churches).
    (ii) The works must be essentially all new collective works or all 
new issues that have not been published before.

[[Page 29524]]

    (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) Deposit. (A). The deposit for newsletters registered under 
this section is one complete copy of each issue included in the group.
    (B). In addition, if requested in writing by the Copyright 
Acquisitions Division before an application for registration is 
submitted, the claimant must give the Library of Congress whichever of 
the following the Library prefers: either as many as two complimentary 
subscriptions of the newsletter in the edition most suitable to the 
Library's needs, or a single positive, 35 mm silver halide microfilm 
meeting the Library's best edition criteria that includes all issues 
published as final editions in the designated calendar month. 
Subscription copies must be delivered to the separate address specified 
by the Copyright Acquisitions Division in its request. Subscription 
copies or a microfilm are not required unless expressly requested by 
the Copyright Acquisitions Division.
    (C) The copyright owner of any newsletter that cannot meet the 
criteria set out in this section may continue to register on Form SE or 
Short Form SE.
    (vii) Registration is sought within three months after the 
publication date of the last issue included in the group.
    (viii) A Form G/DN shall be submitted for daily newsletters bearing 
issue dates within a single month, together with one copy of each 
issue, and a filing fee. The application shall designate the first and 
last day that issues in the group were published.
* * * * *
    (c) * * *
    (2) * * * \6\
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    \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 
shall comply with the deposits specified in the respective 
paragraphs, and the fees with those specified in Sec. 201.3.
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* * * * *

    Dated: May 17, 1999.
Marybeth Peters,
Register of Copyrights.

    Approved by:
James H. Billington,
The Librarian of Congress.
[FR Doc. 99-13737 Filed 5-28-99; 8:45 am]
BILLING CODE 1410-30-P