[Federal Register Volume 67, Number 105 (Friday, May 31, 2002)]
[Rules and Regulations]
[Pages 38003-38006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-13387]


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LIBRARY OF CONGRESS

Copyright Office

37 CFR Part 201 and 212

[Docket No. RM 2002-3]


Fees

AGENCY: Copyright Office, Library of Congress.

ACTION: Final rule.

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SUMMARY: The Copyright Office of the Library of Congress is publishing 
a final rule establishing adjusted fees for certain of its services. 
The basic fee for registration of an original work of authorship is not 
affected; however, related registration and recordation fees will be 
adjusted. These adjustments include a number of increased fees, the 
elimination of one fee, and the lowering of another. Adjusted fees will 
be effective July 1, 2002. This final rule assumes that no legislative 
action will take place before July 1, 2002.

[[Page 38004]]


EFFECTIVE DATE: July 1, 2002.

FOR FURTHER INFORMATION CONTACT: Marilyn J. Kretsinger, Assistant 
General Counsel or Patricia Sinn, Senior Attorney, P.O. Box 70400, 
Southwest Station, Washington, DC 20024. Telephone: (202) 707-8380; 
Fax: (202) 707-8366.

SUPPLEMENTARY INFORMATION: This final rule adjusts Copyright Office 
fees in accordance with the applicable provisions of title 17, United 
States Code, and the Technical Amendments Act, Pub. L. No. 105-80, 111 
Stat. 1529 (1997).
    The Office submitted its proposed fee schedule to Congress on 
February 28, 2002. Congress has 120 days in which it could enact a law 
if it does not approve the schedule. If no such legislation is enacted 
the fees may be instituted. Should such legislation be enacted, the 
Copyright Office will publish a document in the Federal Register to 
notify its customers that this final rule and certain of the fees 
established herein will not take effect. Copyright customers should 
refer to the official Copyright Office website (www.copyright.gov) for 
the most current fee amounts. Official notices of any fee changes will 
also be published in the Federal Register.

Background

Statutory Provisions

    In 1997 Congress authorized the Register of Copyrights to implement 
fees for services that were formerly set by Congress under a new 
procedure which first required the Register to conduct a study of the 
costs incurred for the registration of claims, the recordation of 
documents, and the provision of services. If the Register determines 
that fees should be adjusted after the review of all statutory 
criteria, the Register prepares a proposed fee schedule and submits the 
schedule and the accompanying economic analysis to Congress. The fees 
proposed in that schedule may be instituted in 120 days unless Congress 
enacts a law within that 120 day period stating that it does not 
approve the schedule. Technical Amendments Act, Pub L. 105-80, 111 
Stat. 1529 (1997).
    In 1998, the Copyright Office initiated a process to adjust fees by 
publication of a notice. 63 FR 43426 (August 13, 1998). At the end of 
the process, the Register forwarded a report with a proposed fee 
schedule to Congress on February 1, 1999, and increased most of its 
fees including the basic registration fees on July 1, 1999. See 64 FR 
29518 (June 1, 1999). Implementation of the new system established by 
Congress means that the Office's fee schedule for certain services 
specified in title 17 as well as other special services is set out in 
regulations rather than in title 17. See 37 CFR 201.3.

Fee Adjustment Level

    When it adjusted fees in 1998-1999, the Office decided that it 
should next consider adjusting fees three years after that adjustment. 
Following a cost analysis initiated in fiscal year 2000, and completion 
of the other necessary steps, the Register forwarded a proposed fee 
schedule and the accompanying economic analysis to Congress on February 
28, 2002. In the absence of legislation directing otherwise, the new 
fee schedule will take effect on July 1, 2002.
    The proposed new fee schedule was submitted after the Office had 
both (1) completed the economic analysis required, evaluating the costs 
of providing the mandatory services identified in title 17, and (2) 
made a determination that the other statutory criteria, including the 
requirement that fees ``should also be fair and equitable and give due 
considerations to the objectives of the copyright system,'' 17 U.S.C. 
708(b)(4), had been met.
    At the conclusion of this analysis, the Register concluded that a 
number of fees needed to be increased to recover the full cost of 
providing the service; certain other fees needed to be increased 
slightly by the rate of inflation to maintain cost recovery; and the 
rest of the fees based on current and projected cost recovery should 
not be adjusted at this time. Services for which fees were increased to 
achieve or maintain cost recovery for providing the service include 
making a renewal registration, registering an original vessel hull 
design, recording a document, searching and preparing a report from 
Copyright Office records, and recording a designated online service 
provider agent.
    For a number of reasons, the Register determined that an adjustment 
of the basic registration filing fee, which the Office had increased by 
50% in 1999, was not warrented at this time. In her submission to 
Congress, the Register noted the level of cost recovery registration 
fees enjoyed in FY 2000 and FY 2001, the large increases imposed on the 
public in recent years, the negative effects of the decline in 
registrations that follow every fee increase, the costs associated with 
increasing the fee, and the changes in processing anticipated from the 
Copyright Office's business process re-engineering effort.
    For public policy reasons, the Office eliminated the fee for 
inspection of Copyright Office records and also reduced the minimum 
cost for the first 15 pages of photocopying. Other statutory fees 
remain at the same level set in 1999.
    In July of 1998, the Office adjusted non-statutory fees in a 
separate proceeding. For convenience, the non-statutory fees are slated 
for adjustment on the same schedule as statutory fees.
    The ``Analysis and Proposed Copyright Fee Schedule To Go Into 
Effect July 1, 2002'' which was submitted to Congress is posted online 
at http://www.copyright.gov/reports/fees2002.html, in PDF format.

Other Considerations

    As discussed above, this final rule establishes copyright fees for 
certain services adjusted in the manner required by Congress. 
Therefore, prior notice and an opportunity for public comment are not 
required pursuant to 5 U.S.C. 553 (or any other law). The Office did 
post the proposed schedule on its website and is publishing the new 
fees in the Federal Register more than 30 days before they go into 
effect.

Regulatory Flexibility Act

    Although the Copyright Office, as a department of the Library of 
Congress and part of the legislative branch, is not an ``agency subject 
to the Regulatory Flexibility Act,'' 5 U.S.C. 601-612, the Register of 
Copyrights has considered the effect of these fee adjustments on 
individual authors and small entities. The Register does not propose 
increasing the basic registration fee and has issued more regulations 
permitting group registrations for individual authors. The Register has 
determined that the final regulations will not have a significant 
economic impact on a substantial number of individual authors or small 
entities that would require provision of special relief for small 
entities in the regulations, and that the final regulations are, to the 
extent consistent with the stated objectives of applicable statutes, 
designed to minimize any significant economic impact on small entities.
    A comparison of existing and new fee amounts is included as an 
Appendix to the preamble.

List of Subjects

37 CFR Part 201

    Copyright, General provisions.

37 CFR Part 212

    Design, Fees, Registration, Vessel hulls.

[[Page 38005]]

Final Rule

    In consideration of the foregoing, parts 201 and 212 of 37 CFR 
chapter II are amended as follows:

PART 201-GENERAL PROVISIONS

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

    Authority: 17 U.S.C. 702.


    2. Section 201.3(c) and (d) are revised to read as follows:


Sec. 201.3  Fees for registration, recordation, and related services, 
special services, and services performed by the Licensing Division.

* * * * *
    (c) Registration, recordation and related service fees. The 
Copyright Office has established the following fees for these services:

------------------------------------------------------------------------
         Registration, recordation and related services            Fees
------------------------------------------------------------------------
(1) Registration of a basic claim in an original work of             $30
 authorship: Forms TX, SE, PA, VA (including Short Form) and
 Form SR.......................................................
(2) Registration of a claim in a group of contributions to a          30
 periodical (GR/CP)............................................
(3) Registration of a renewal claim (Form RE):
    Claim without Addendum.....................................       60
    Addendum...................................................       30
(4) Registration of a claim in a mask work (Form MW)...........       75
(5) Registration of a claim in a group of serials (Form SE/           15
 Group) [per issue, with $45 minimum]..........................
(6) Registration of a claim in a group of daily newspapers and        55
 qualified newsletters (Form G/D N)............................
(7) Registration of a claim in a restored copyright (Form GATT)       30
(8) Registration of a claim in a group of restored works (Form        15
 GATT/Group) [per issue, with $45 minimum].....................
(9) Registration of a correction or amplification to a claim         100
 (Form CA).....................................................
(10) Providing an additional certificate of registration.......       30
(11) Certification of other Copyright Office records (per hour)       80
(12) Search--report prepared from official records (per hour)..       75
(13) Location of Copyright Office records (per hour)...........       80
    Location of in-process materials (per hour)................      100
(14) Recordation of document (single title)....................       80
    Additional titles (per group of 10 titles).................       20
(15) Recordation of a Notice of Intention to Enforce (NIE) a          30
 restored copyright containing no more than one title..........
    Additional NIE titles (each)...............................        1
(16) Recordation of Notice of Intention to Make and Distribute        12
 Phonorecords..................................................
(17) Issuance of a receipt for a Sec.  407 deposit.............       10
------------------------------------------------------------------------

    (d) Special service fees. The Copyright Office has established the 
following fees for special services:

------------------------------------------------------------------------
                       Special services                           Fees
------------------------------------------------------------------------
(1) Service charge for deposit account overdraft..............   $100
(2) Service charge for dishonored deposit account                  35
 replenishment check..........................................
(3) Appeals:
    (i) First appeal..........................................    200
        Additional claim in related group.....................     20
    (ii) Second appeal........................................    500
        Additional claim in related group.....................     20
(4) Secure test processing charge, per hour...................     60
(5) Copying of Copyright Office Records by staff, per page           .50
 (black & white)..............................................
(6) Special handling fee for a claim..........................    580
    Each additional claim using the same deposit..............     50
(7) Special handling fee for recordation of a document........    330
(8) Full-term retention of a published deposit................    425
(9) Expedited Reference and Bibliography search and report        250
 (surcharge, per hour)........................................
(10) Expedited Certification & Documents services (surcharge,     200
 per hour)....................................................
------------------------------------------------------------------------

* * * * *


Sec. 201.38  [Amended]

    3. Section 201.38 is amended as follows:
    a. In paragraph (e), remove ``$20.00'' and add ``$30'' in its 
place.
    b. In paragraph (f), remove ``$20.00'' and add ``$30'' in its 
place.

PART 212--PROTECTION OF VESSEL HULL DESIGNS

    4. The authority citation for Part 212 continues to read as 
follows:

    Authority: 17 U.S.C. chapter 13.


Sec. 212.2  [Amended]

    5. Section 212.2 is amended as follows:
    a. In paragraphs (a) and (b), remove ``$75'' each place it appears 
and add ``$140'' in its place.
    b. In paragraph (d)(1), remove ``$500'' and add ``$580'' in its 
place.
    c. In paragraph (e), remove ``$65'' and add ``$100'' in its place.
    d. In paragraph (f), remove ``$50'' and add ``$80'' in its place.
    e. In paragraph (g), remove ``$25'' and add ``$30'' in its place.
    f. In paragraph (h), remove ``$65'' and add ``$75'' in its place.


Sec. 212.5  [Amended]

    6. In Sec. 212.5(c)(4), remove ``$50'' and add ``$80'' in its 
place.

    Dated: May 16, 2002.
Marybeth Peters,
Register of Copyright.
    Approved by:
James H. Billington,
The Librarian of Congress.

    Note: The following appendix will not appear in the Code of 
Federal Regulations.


[[Page 38006]]



                              Appendix.--Comparison of Existing and New Fee Amounts
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                                                              Old Fee                           Fee
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                                  Registration, Recordation and Related Service
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(1) Registration of a basic claim in an original  $30                             $30
 work of authorship (Forms TX, SE, PA, SR, VA
 including Short Form and Form SR).
(2) Registration of a claim in a group of         30                              30
 contributions to a periodicals (GR/CP).
(3) Registration of a renewal claim (Form RE)     45                              60
 claim without addendum.
    RE addendum.................................  15                              30
(4) Registration of a claim in a mask work (Form  75                              75
 VA).
(5) Registration of a claim in a group of         10/issue--                      15/issue--
 serials (Form SE/Group).                         30 minimum                      45 minimum
(6) Registration of a claim in a group of daily   55                              55
 newspapers, and qualified newsletters (Form G/
 DN).
(7) Registration of a restored copyright (Form    30                              30
 GATT).
(8) Registration of a claim in a group of         10/claim--                      15/claim--
 restored works (Form GATT/Group).                30 minimum                      45 minimum
(9) Registration of a claim in a vessel hull      75                              140
 (Sec.  212.2).
(10) Registration of a correction or              65                              100
 amplification to a claim (Form CA).
(11) Providing an additional certificate of       25                              30
 registration.
(12) Certification of other Copyright Office      65                              80
 records (per hour).
(13) Search--report prepared from official        65                              75
 records (per hour).
    Location and retrieval of Copyright Office    65                              80
     records (per hour).
    Location and retrieval of in-process          65                              100
     materials (per hour).
(14) Recordation of document (single title).....  50                              80
    Additional titles (per group of 10 titles)..  20                              20
(15) Recordation of a notice of intention to      30                              30
 enforce (NIE) a restored copyright containing
 no more than one title.
    Additional NIE titles (each)................  1                               1
(16) Recordation of Notice of Intention to Make   12                              12
 and Distribute Phonorecords.
(17) Issuance of a Receipt for a Sec.  407        4                               10
 deposit.
(18) Recording on-line service provider           20                              30
 designation (Sec.  201.38).
----------------------------------------------------------------------------------------------------------------
                                                Special Services
----------------------------------------------------------------------------------------------------------------
(1) Service charge for deposit account overdraft  $70                             $100
(2) Service charge for dishonored deposit         35                              35
 account replenishment check.
(3) Appeals:
    (i) First appeal............................  200                             200
        Additional claim in related group.......  20                              20
    (ii) Second appeal..........................  500                             500
        Additional claim in related group.......  20                              20
(4) Secure test processing charge, per hour.....  60                              60
(5) Copying of Copyright Office Records by        $15 min                         .50
 staff, per page (black & white).
(6) Inspection Charge (per hour)................  65                              N/A
(7) Special handling fee for a claim............  500                             580
    Each additional claim using the same deposit  50                              50
(8) Special handling fee for recordation of a     330                             330
 document.
(9) Full-term retention of a published deposit..  365                             425
(10) Expedited Bibliography and Reference search  125/first hr.                   250
 & report (surcharge, per hour).                  95/add'l hrs.
(11) Expedited Certification & Documents          variable                        200
 (surcharge, per hour).                           ($75-$95/hour)
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[FR Doc. 02-13387 Filed 5-30-02; 8:45 am]
BILLING CODE 1410-30-P