[Federal Register Volume 64, Number 129 (Wednesday, July 7, 1999)]
[Rules and Regulations]
[Pages 36574-36576]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-16940]


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LIBRARY OF CONGRESS

Copyright Office

37 CFR Parts 201-204, 211, 251, 253, 259-260


Copyright Rules and Regulations: Copyright, Compulsory Licenses, 
Copyright Arbitration Royalty Panel

AGENCY: Copyright Office, Library of Congress.

ACTION: Final rule; Technical amendments.

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SUMMARY: The Copyright Office is making non-substantive housekeeping 
amendments to its regulations to update them and to correct minor 
errors.

EFFECTIVE DATE: July 7, 1999.

FOR FURTHER INFORMATION CONTACT: Marilyn J. Kretsinger, Assistant 
General Counsel, Copyright GC/I&R, PO Box 70400, Southwest Station, 
Washington, DC 20024. Telephone: (202) 707-8380. Telefax: (202) 707-
8366.

SUPPLEMENTARY INFORMATION: The Copyright Office periodically reviews 
its regulations as published in the Code of Federal Regulations (CFR) 
to correct minor or typographical errors in the published text. The 
Office has identified minor errors in the currently published rules. 
The following sections are amended to correct these errors: 
Secs. 201.11(d)(1), 201.11(e)(6), 201.11(e)(7), 201.11(h)(2)(i), 
201.17(d)(1), 201.17(h)(4)(iii), 201.17(k), 201.18(a)(1), 201.19(a)(1), 
201.19(a)(2), 201.19(a)(4), 201.19(e)(4)(i), 201.19(e)(7)(iii), 
201.19(f)(3)(viii), 201.27(c), 201.27(e)(1), 201.28(e)(4)(i), 
201.29(e)(3), 201.35(a), 201.36(b)(1), 201.36(c), 201.37(a), 
201.37(b)(1), 202.3(b)(7)(ii), 202.17(f)(2), 202.20(c)(2)(vii)(D)(3), 
202.20(c)(2)(vii)(D)(4), 202.20(c)(2)(vii)(D)(5), 
202.20(c)(2)(xi)(A)(2), 202.23(c)(1), 202.23(c)(2), 202.23(d), 
203.3(g), 204.4(a), 204.5(a), 204.7(a), 204.8(a), 211.4(e), 
211.5(c)(2), 211.5(d), 251.54(e), 251.56(a), 251.56(b), 253.3(e)(4), 
253.8(b)(1)(ii)(D), and 260.2(c)(2). Typographical errors are corrected 
in Secs. 201.1(b), 201.3(c), 201.3(c)(5), 201.10(b)(1)(v), 
201.10(e)(2), 201.17(e)(2)(i), 201.17(j)(3)(iv)(A), 201.18(a)(3), 
201.19(c)(4), 201.28(c)(4), 202.22(a), 202.22(c)(1), 203.4(f)(2), 
251.58(b), 253.8(b)(1)(i)(A), 259.3(a)(5), 260.2(c)(1)(v), and 260.7.

List of Subjects

37 CFR Part 201

    Copyright, General provisions.

37 CFR Part 202

    Claims, Copyright.

37 CFR Part 203

    Freedom of information.

37 CFR Part 204

    Privacy.

37 CFR Part 211

    Mask work protection.

37 CFR Part 251

    Administrative practice and procedure, Hearing and appeal 
procedures.

37 CFR Part 253

    Noncommercial educational broadcasting, Copyright.

37 CFR Part 259

    Claims, Copyright, Digital audio recording devices and media.

37 CFR Part 260

    Copyright, Digital audio transmissions, Performance right, Sound 
recordings.

Final Rule

    Accordingly, 37 CFR Chapter II is amended by making the following 
corrections and amendments.

PART 201--GENERAL PROVISIONS

    1. The authority citation for part 201 continues to read as 
follows:

    Authority: 17 U.S.C. 702.


Sec. 201.1  [Amended]

    2. Section 201.1(b) is amended by removing ``SE.,'' and adding in 
its place ``SE,''.


Sec. 201.3  [Amended]

    3. Section 201.3 is amended in the Table, in the column entitled 
``Fees'' in paragraph (c)(5) by removing ``10'' and adding ``10 
1'' in paragraph (c)(8) by removing ``10'' and adding ``10 
2'', and by removing the word ``issue'' in footnote 1 and 
adding ``issues''.
    4. Section 201.3(c)(5) is amended by removing the word ``series'' 
and adding in its place ``serials''.


Sec. 201.10  [Amended]

    5. Section 201.10(b)(1)(v) is amended by removing the word 
``aurhor's'' and adding in its place ``author's''.
    6. Section 201.10(e)(2) is amended by removing the word 
``describling'' and adding in its place ``describing''.


Sec. 201.11  [Amended]

    7. Section 201.11(d)(1) is amended by removing ``Licensing 
Division, United States Copyright Office, Library of Congress, 
Washington, DC 20557'' and adding in its place ``Library of Congress, 
Copyright Office, Licensing Division, 101 Independence Avenue, SE, 
Washington, DC 20557-6400''.
    8. Section 201.11(e)(6) is amended by removing ``of 17.5 cents per 
subscriber, on in the case of syndex-proof superstations as defined in 
37 CFR 258.2, 14 cents (or in lieu thereof, the arbitrated rate, if 
applicable)'' and adding in its place ``prescribed in Sec. 258.3 of 
this chapter''.
    9. Section 201.11(e)(7) is amended by removing ``of six (6) cents 
per subscriber (or, in lieu thereof, the arbitrated rate, if 
applicable)'' and adding in its place ``prescribed in Sec. 258.3 of 
this chapter''.
    10. Section 201.11(h)(2)(i) is amended by removing the phrase 
``Cable operators'' and adding in its place ``Satellite carriers''.


Sec. 201.17  [Amended]

    11. Section 201.17(d)(1) is amended by removing ``Licensing 
Division, United States Copyright Office, Library of Congress, 
Washington, DC 20557'' and adding in its place ``Library of Congress, 
Copyright Office, Licensing Division, 101 Independence Avenue, SE, 
Washington, DC 20557-6400''.
    12. Section 201.17(e)(2)(i) is amended by removing ``'owner''' and 
adding in its place ``owner''.
    13. Section 201.17(h)(4)(iii) is amended by adding ``(65)'' after 
``sixty-five''.
    14. Section 201.17(j)(3)(iv)(A) is amended by removing ``paragraph 
must'' and adding in its place ``paragraph) must''.
    15. Section 201.17(k) is amended by removing all material after the 
phrase ``United States Code.'' beginning with ``Any such entity''.


Sec. 201.18  [Amended]

    16. Section 201.18(a)(1) is amended by removing the phrase ``as 
amended by Pub. L. 94-553,''.
    17. Section 201.18(a)(3) is amended by removing ``coowners'' and 
adding the word ``co-owners'' in its place.


Sec. 201.19  [Amended]

    18. Sections 201.19(a)(1), (a)(2), and (a)(4) are amended by 
removing the

[[Page 36575]]

phrase ``section 115(c)(3)'' and adding in its place ``section 
115(c)(5)'' and by removing the phrase ``as amended by Pub. L. 94-
553,''.
    19. Section 201.19(c)(4) is amended by removing ``nine month'' and 
adding in its place ``nine-month''.
    20. Sections 201.19(e)(4)(i) and (e)(7)(iii) are amended by 
removing the phrase ``as amended by Pub. L. 94-553,''.
    21. Section 201.19(f)(3)(viii) is amended by removing the phrase 
``as amended by Pub. L. 94-553,''.


Sec. 201.27  [Amended]

    22. Section 201.27(c) is amended by ``Licensing Division of the 
Copyright Office, Washington, DC 20557'' and adding in its place 
``Library of Congress, Copyright Office, Licensing Division, 101 
Independence Avenue, SE, Washington, DC 20557-6400''.
    23. Section 201.27(e)(1) is amended by removing the phrase ``of or 
the'' and adding in its place ``or if the''.


Sec. 201.28  [Amended]

    24. Section 201.28(c)(4) is amended by removing the phrase ``two 
month'' and adding in its place ``two-month''.
    25. Section 201.28(e)(4)(i) is amended by removing ``U.S.'' and 
adding in its place ``of the United States''.


Sec. 201.29  [Amended]

    26. Section 201.29(e)(3) is amended by removing ``Licensing 
Division, Copyright Office, Library of Congress, Washington, DC 20557-
6400'' and adding in its place ``Library of Congress, Copyright Office, 
Licensing Division, 101 Independence Avenue, SE, Washington, DC 20557-
6400''.


Sec. 201.35  [Amended]

    27. Section 201.35(a) is amended by removing the phrase ``as 
amended by Pub. L. 104-39, 109, Stat. 336''.


Sec. 201.36  [Amended]

    28. Section 201.36(b)(1) is amended by removing ``section 
114(f)(1)'' and adding in its place ``section 114(f)(1)(A)''; by 
removing ``section 114(f)(4)(A)'' and adding in its place ``section 
114(f)(1)(C)(i)''; by removing ``section 114(f)(2)'' and adding in its 
place ``section 114(f)(1)(B)''; and by removing ``section 
114(f)(4)(B)'' and adding in its place ``section 114(f)(1)(C)(ii)''.
    29. Section 201.36(c) is amended by removing ``section 114(f)(1)'' 
and adding in its place ``section 114(f)(1)(A)''; by removing ``section 
114(f)(4)(A)'' and adding in its place ``section 114(f)(1)(C)(i)''; by 
removing ``section 114(f)(2)'' and adding in its place ``section 
114(f)(1)(B)''; and by removing ``section 114(f)(4)(B)'' and adding in 
its place ``section 114(f)(1)(C)(ii)''.


Sec. 201.37  [Amended]

    Section 201.37(a) is amended by removing the phrase ``as amended by 
Pub. L. 104-39, 109 Stat. 336,''.
    Section 201.37(b)(1) is amended by removing ``section 114(f)(1)'' 
and adding in its place ``section 114(f)(1)(A)''; by removing ``section 
114(f)(4)(A)'' and adding in its place ``section 114(f)(1)(C)(i)''; by 
removing ``section 114(f)(2)'' and adding in its place ``section 
114(f)(1)(B)''; and by removing ``section 114(f)(4)(B)'' and adding in 
its place ``section 114(f)(1)(C)(ii)''.

PART 202--REGISTRATION OF CLAIMS TO COPYRIGHT

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

    Authority: 17 U.S.C. 702.


Sec. 202.3  [Amended]

    33. Section 202.3(b)(7)(ii) is amended by removing the phrase 
``this Sec. 202.3(b)(7)'' and adding in its place ``paragraph (b)(7) of 
this section''.


Sec. 202.17  [Amended]

    34. Section 202.17(f)(2) is amended by adding the phrase ``of this 
section'' after ``(f)(1)'' and after ``(f)(1)(iii)''.


Sec. 202.20  [Amended]

    35. Section 202.20(c)(2)(vii)(D)(3) is amended by removing the word 
``this'' and adding in its place ``of this section'' after ``paragraph 
(c)(2)(vii)(D)''.
    36. Section 202.20(c)(2)(vii)(D)(4) is amended by adding the phrase 
``of this section'' at the end of the paragraph.
    37. Section 202.20(c)(2)(vii)(D)(5) is amended by removing the 
phrase ``(6) or (7) immediately below'' and adding in its place 
``paragraphs (c)(2)(vii)(D)(6) or (7) of this section''.
    38. Section 202.20(c)(2)(xi)(A)(2) is amended by removing the word 
``below'' and adding in its place ``of this section''.


Sec. 202.22  [Amended]

    39. Section 202.22(a) is amended by removing the word 
``copywright'' and adding in its place ``copyright''.
    40. Section 202.22(c)(1) is amended by removing the word ``itle'' 
and adding in its place ``Title''.


Sec. 202.23  [Amended]

    41. Section 202.23(c)(1) is amended by adding the phrase ``of this 
section'' after ``paragraph (b)''.
    42. Section 202.23(c)(2) is amended by removing the phrase ``37 
CFR''.
    43. Section 202.23(d) is amended by removing the phrase ``37 CFR'' 
and adding in its place ``Secs. ''.

PART 203--FREEDOM OF INFORMATION ACT: POLICIES AND PROCEDURES

    44. The authority citation for part 203 continues to read as 
follows:

    Authority: 17 U.S.C. 702; 5 U.S.C. 552, as amended.


Sec. 203.3  [Amended]

    45. Section 203.3(g) is amended by adding ``-6000'' after 
``20559''.


Sec. 203.4  [Amended]

    46. Section 203.4(f)(2) is amended by removing the word 
``requestor'' and adding in its place ``requester''.

PART 204--PRIVACY ACT: POLICIES AND PROCEDURES

    47. The authority citation for part 204 continues to read as 
follows:

    Authority: 17 U.S.C. 702; 5 U.S.C. 552(a).


Sec. 204.4  [Amended]

    48. Section 204.4(a) is amended by adding ``-6000'' after 
``20559''.


Sec. 204.5  [Amended]

    49. Section 204.5(a) is amended by adding ``-6000'' after 
``20559''.


Sec. 204.7  [Amended]

    50. Section 204.7(a) is amended by adding ``-6000'' after 
``20559''.


Sec. 204.8  [Amended]

    51. Section 204.8(a) is amended by adding ``-6000'' after 
``20559''.

PART 211--MASK WORK PROTECTION

    52. The authority citation for part 211 continues to read as 
follows:

    Authority: 17 U.S.C. 702 and 908.


Sec. 211.4  [Amended]

    53. Section 211.4(e) is amended by adding the phrase ``of this 
section'' after ``paragraph (c)(2)''.


Sec. 211.5  [Amended]

    54. Section 211.5(c)(2) is amended by adding the phrase ``of this 
section'' after ``paragraph (b)(2)(i)''.
    55. Section 211.5(d) is amended by adding ``-6000'' after 
``20559''.

PART 251--COPYRIGHT ARBITRATION ROYALTY PANEL RULES OF PROCEDURE

    56. The authority citation for part 251 continues to read as 
follows:

    Authority: 17 U.S.C. 801-803.


Sec. 251.54  [Amended]

    57. Section 251.54(e) is amended by removing the word ``directly'' 
after ``arbitrators''.

[[Page 36576]]

Sec. 251.56  [Amended]

    58. Section 251.56(a) is amended by removing the number ``60'' and 
adding the number ``90'' in its place.
    59. Section 251.56(b) is amended by removing the phrase ``the 
order'' and adding in its place the phrase ``the Librarian shall have 
an additional 30 days to issue the order which''.


Sec. 251.58  [Amended]

    60. Section 251.58(b) is amended by removing ``30 day'' and adding 
in its place ``30-day''.

PART 253--USE OF CERTAIN COPYRIGHTED WORKS IN CONNECTION WITH 
NONCOMMERCIAL EDUCATIONAL BROADCASTING

    61. The authority citation for part 253 continues to read:

    Authority: 17 U.S.C. 118, 801(b)(1), and 803.


Sec. 253.3  [Amended]

    62. Section 253.3(e)(4) is amended by removing the word ``or'' 
after the word ``author''.


Sec. 253.8  [Amended]

    63. Section 253.8(b)(1)(i)(A) is amended by removing the symbol 
``]'' after ``64.78''.
    64. Section 253.8(b)(1)(ii)(D) is amended by removing the word 
``semin'' before the word ``reproduced''.

PART 259--FILING OF CLAIMS TO DIGITAL AUDIO RECORDING DEVICES AND 
MEDIA ROYALTY PAYMENTS

    65. The authority citation for part 259 continues to read:

    Authority: 17 U.S.C. 1007(a)(1).


Sec. 259.3  [Amended]

    66. Section 259.3(a)(5) is amended by removing ``1001(6)'' each 
place it appears and adding in its place ``1001(6))''.

PART 260--USE OF SOUND RECORDINGS IN A DIGITAL PERFORMANCE

    67. The authority citation for part 260 continues to read:

    Authority: 17 U.S.C. 114, 801(b)(1).


Sec. 260.2  [Amended]

    68. Section 260.2(c)(1)(v) is amended by removing the word 
``licensee'' and adding in its place ``Licensee''.
    69. Section 260.2(c)(2) is amended by removing the phrase ``as are 
in'' and adding in its place ``as set forth in''.


Sec. 260.7  [Amended]

    70. Section 260.7 is amended by removing the phrase ``three year'' 
and adding in its place ``three-year''.

    Dated: June 29, 1999.
David O. Carson,
General Counsel.
[FR Doc. 99-16940 Filed 7-6-99; 8:45 am]
BILLING CODE 1410-31-P