[Federal Register Volume 68, Number 67 (Tuesday, April 8, 2003)]
[Rules and Regulations]
[Pages 16958-16959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-8540]


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LIBRARY OF CONGRESS

Copyright Office

37 CFR Part 201

[Docket No. 2002-5B]


Notice of Termination

AGENCY: Copyright Office, Library of Congress.

ACTION: Final regulation.

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SUMMARY: The Copyright Office's interim rule governing the form, 
content, and manner of service of notices of termination of transfers 
and licenses granted by authors on or after 1978 is being adopted as a 
final rule with one change. Beginning on January 1, 2003, copyright 
owners have been able to serve notices of termination on certain 
copyright transferees and licensees under an interim rule effective on 
that date. The Office is now adopting an additional amendment that was 
set forth in the proposed rule published in the Federal Register on 
December 20, 2002.

EFFECTIVE DATE: May 8, 2003.

FOR FURTHER INFORMATION CONTACT: David O. Carson, General Counsel, 
Copyright GC/I&R, PO Box 70400, Southwest Station, Washington, DC 
20024. Telephone: (202)707-8380. Fax: (202)707-8366.

SUPPLEMENTARY INFORMATION: Section 203 of the Copyright Act, 17 U.S.C. 
203, provides that under certain circumstances, authors may terminate 
grants of transfers or licenses of copyright entered into after January 
1, 1978. Such terminations may be made during a five-year period 
commencing 35 years after the execution of the grant or, if the grant 
included the right of publication, the earlier of 35 years after 
publication pursuant to the grant or 40 years after the execution of 
the grant. January 1, 2003, was the first date on which a termination 
could be made pursuant to section 203. In order to have regulations in 
place by January 1, the Copyright Office published an interim rule on 
December 23, 2002. 67 FR 78176.
    On December 20, 2002, the Copyright Office published a notice of 
proposed rulemaking governing termination of transfers and licenses 
pursuant to section 203 of the Copyright Act. Notice of Proposed 
Rulemaking, Notice of Termination, 67 FR 77951. The Office proposed to 
amend 37 CFR 201.10, the existing regulation governing notices of 
termination under section 304 of the Copyright Act, 17 U.S.C. 304, by 
adding provisions relating to terminations under section 203.
    On December 23, 2002, the Office published an interim rule, 
effective January 1, 2003, which differs from the proposed rule in only 
one respect. The proposed rule amended Sec.  201.10(b)(1)(i) of the 
Copyright Office regulations to require that a notice of termination 
pursuant to section 17 U.S.C. 304 must identify whether the termination 
is made under section 304(c) or section 304(d). Because this proposed 
amendment would change established practice with respect to 
terminations under section 304(c), and because the

[[Page 16959]]

Office did not believe it would be prudent to change the requirements 
for section 304 notices of termination on such short notice, that 
proposed amendment was not included in the interim rule. It is included 
in this final rule.
    The comment period for the notice of proposed rulemaking has closed 
and the Office has received no comments. For that reason, and for the 
reasons outlined in the Notice of Proposed Rulemaking, the Office has 
decided to adopt, as a final rule, the December 23 Interim Rule, with 
the change proposed on December 20.
    The entire text of Sec.  201.10, as amended, may be found on the 
Copyright Office Web site at http://www.copyright.gov/docs/203.html.

List of Subjects in 37 CFR Part 201

    Copyright.

Final Regulation

0
In consideration of the foregoing, the Copyright Office adopts the 
interim rule published on December 23, 2002 (67 FR 78176) as final, 
with the following change:

PART 201--GENERAL PROVISIONS

0
1. The authority citation for part 201 continues to read as follows:

    Authority: 17 U.S.C. 702.

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2. Section 201.10 is amended in paragraph (b)(1)(i), by removing ``If 
the termination is made under section 304(d), a statement to that 
effect;'' and adding, in its place, ``Whether the termination is made 
under section 304(c) or under section 304(d);''.

    Dated: March 25, 2003.
Marybeth Peters,
Register of Copyrights.
    Approved by:
James H. Billington,
Librarian of Congress.
[FR Doc. 03-8540 Filed 4-7-03; 8:45 am]
BILLING CODE 1410-30-P