[Federal Register Volume 67, Number 45 (Thursday, March 7, 2002)]
[Rules and Regulations]
[Page 10329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-5456]


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LIBRARY OF CONGRESS

Copyright Office

37 CFR Part 202

[Docket No. 2002-2]


Registration of Claims to Copyright: Group Registration of 
Contributions to Periodicals

AGENCY: Copyright Office, Library of Congress.

ACTION: Final rule.

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SUMMARY: This amendment publishes as a final rule an existing practice 
which makes it easier for applicants to register a group of 
contributions to periodicals by expanding the number of acceptable 
deposits relating to registering on a single application groups of 
contributions to periodicals. The expanded number of acceptable 
deposits is both consistent with the intent of copyright law and the 
existing practices.

EFFECTIVE DATE: March 7, 2002.

FOR FURTHER INFORMATION CONTACT: Kent Dunlap, Principal Legal Advisor 
for the General Counsel, Telephone: (202) 707-8380. Fax: (202) 707-
8366.

SUPPLEMENTARY INFORMATION: Section 408(c)(2) of title 17 authorizes the 
Register of Copyrights to establish a procedure permitting a single 
registration for groups of contributions to periodicals published by 
the same author within a twelve month period. Current regulations 
designate the deposit as ``one copy of the entire issue of the 
periodical, or of the entire section in the case of a newspaper, in 
which each contribution was first published.'' 37 CFR 
202.3(b)(7)(i)(E).
    The above designated deposit proved a hardship for many applicants 
who did not have immediate access to either the entire issue or the 
entire section in which each contribution was first published. As a 
result over the past several years, the Examining Division has 
permitted a number of alternative deposits under the special relief 
provision of the deposit regulation. Among the alternatives were 
photocopies of the contribution or copies of the contribution cut or 
torn from the collective work. These alternative deposits permitted 
under special relief were broadly consistent with the wide variety of 
deposits see, e.g. 66 FR 37142 (July 17, 2001), the Office has accepted 
since 1978 in compliance with the spirit of administrative flexibility 
Congress indicated the Register had in order to ensure that the deposit 
requirement was reasonable and non-burdensome for the applicant. See 
generally H.R. Rep. No. 94-1476 150-155 (1976). Permitting deposit 
without the entire issue or periodical will not diminish the public 
record since the application form used for these works elicits specific 
information on the periodical in which the contribution was published.
    This regulation is issued without inviting public comment for these 
reasons: the regulation confers a positive benefit on the public 
affected; the regulation establishes an optional procedure only; and 
the Copyright Office prepared the regulation based on its past 
experience in administering the deposit provisions for this kind of 
works including its experience with the types of alternative deposits 
frequently submitted by applicants. By this Federal Register notice, 
the Copyright Office is merely incorporating these alternative deposits 
for group registration of contributions to periodicals into the 
relevant deposit regulation.

List of Subjects in 37 CFR Part 202

    Claims to copyright, Copyright registration, Registration of claims 
to copyright.

Final Regulation

    On consideration of the foregoing, the Copyright Office is amending 
part 202 of 37 CFR, chapter II 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.


    2. Section 202.3(b)(7)(i)(E) is revised to read as follows:


Sec. 202.3  Registration of copyright.

* * * * *
    (b) * * *
    (7) * * *
    (i) * * *
    (E) The deposit accompanying the application must consist of one of 
the following: one copy of the entire issue of the periodical, or, in 
the case of a newspaper, the entire section containing the 
contribution; tear sheets or proof copies of the contribution; a 
photocopy of the contribution itself, or a photocopy of the entire page 
containing the contribution; the entire page containing the 
contribution cut or torn from the collective work; the contribution cut 
or torn from the collective work; or photographs or photographic slides 
of the contribution or entire page containing the contribution as long 
as all contents of the contribution to be registered are clear and 
legible.

    Dated: February 26, 2002.
Marybeth Peters,
Register of Copyrights.
    Approved by:
James H. Billington,
Librarian of Congress.
[FR Doc. 02-5456 Filed 3-6-02; 8:45 am]
BILLING CODE 1410-30-P