[Federal Register Volume 69, Number 248 (Tuesday, December 28, 2004)]
[Rules and Regulations]
[Pages 77636-77637]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-28396]


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LIBRARY OF CONGRESS

Copyright Office

37 CFR Parts 202, 211, and 212

[Docket No. RM 2004-5]


Reconsideration Procedure

AGENCY: Copyright Office, Library of Congress.

ACTION: Final rule.

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SUMMARY: The Copyright Office is publishing a final rule concerning 
reconsideration procedures. With a few modifications, this regulation 
continues procedures adopted by the U.S. Copyright Office in 1995 that 
permit copyright applicants to request reconsideration of its decisions 
to refuse registration. This regulation amends those procedures and 
incorporates them into Copyright Office regulations. Copyright 
applicants will continue to have two opportunities to seek 
reconsideration of a Copyright Office decision to refuse registration. 
A significant modification is that the reconsideration procedures are 
also made applicable to the Office's refusals to register mask works 
and vessel hull designs.

EFFECTIVE DATE: January 27, 2005.

FOR FURTHER INFORMATION CONTACT: Marilyn J. Kretsinger, Associate 
General Counsel, or Renee Coe, Senior Attorney at this address: 
Copyright GC/I&R, P.O. Box 70400, Washington, DC 20024-0400. Telephone: 
(202) 707-8380. Telefax: (202) 707-8366.

SUPPLEMENTARY INFORMATION: On July 13, 2004, the Copyright Office 
published a notice of proposed rulemaking seeking comment on its 
proposed revision of parts 202, 211 and 212 of subchapter A of Chapter 
II, 37 CFR. The purpose of this notice is to announce the final rule.
    This regulation establishes procedures for applicants to request 
that the Copyright Office reconsider refusals to register copyright 
claims and claims in mask works or vessel hull designs. There are two 
opportunities for reconsideration of a refusal to register. At the 
first level of reconsideration, the Examining Division of the Copyright 
Office reviews its initial decision to refuse registration. At the 
second level, the Review Board conducts the review of a refusal to 
register. For administrative reasons, the Copyright Office is making 
one change in the membership of the Review Board which considers the 
second request for reconsideration. The Review Board is composed of 
three members; the first two members are the Register of Copyrights and 
the General Counsel or their respective designees. The third member 
will be designated by the Register. This rule also establishes 
procedures for mailing or hand delivering requests for reconsideration 
and related documents.
    In response to the publication of the proposed rule, the Copyright 
Office did not receive any comments. Consequently, the Copyright Office 
is adopting the previously proposed text, as a final rule, with the one 
administrative change noted above and without substantive change, as 
follows:

List of Subjects

37 CFR Part 202

    Claims, Copyright.

37 CFR Part 211

    Freedom of Information.

37 CFR Part 212

    Vessels.

Proposed Regulations

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In consideration of the foregoing, the Copyright Office amends parts 
202, 211 and 212 of 37 CFR, chapter II in the manner set forth below:

PART 202--REGISTRATION OF CLAIMS TO COPYRIGHT

0
1. The authority citation for part 202 continues to read as follows:

    Authority: 17 U.S.C. 702.


0
2. Add Sec.  202.5 to read as follows:


Sec.  202.5  Reconsideration Procedure for Refusals to Register.

    (a) General. This section prescribes rules pertaining to procedures 
for administrative review of the Copyright Office's refusal to register 
a claim to copyright, a mask work, or a vessel hull design upon a 
finding by the Office that the application for registration does not 
satisfy the legal requirements of title 17 of the United States Code. 
If an applicant's initial claim is refused, the applicant is entitled 
to request that the initial refusal to register be reconsidered.
    (b) First reconsideration. Upon receiving a written notification 
from the Examining Division explaining the reasons for a refusal to 
register, an applicant may request that the Examining Division 
reconsider its initial decision to refuse registration, subject to the 
following requirements:
    (1) An applicant must request in writing that the Examining 
Division reconsider its decision. A request for reconsideration must 
include the reasons the applicant believes registration was improperly 
refused, including any legal arguments in support of those reasons and 
any supplementary information. The Examining Division will base its 
decision on the applicant's written submissions.
    (2) The fee set forth in Sec.  201.3(d)(4) of this chapter must 
accompany the first request for reconsideration.
    (3) The first request for reconsideration and the applicable fee 
must be received by the Copyright Office no later than three months 
from the date that appears in the Examining Division's written notice 
of its initial decision to refuse registration. When the ending date 
for the three-month time period falls on a weekend or a Federal 
holiday, the ending day of the three-month period shall be extended to 
the next Federal work day.
    (4) If the Examining Division decides to register an applicant's 
work in response to the first request for reconsideration, it will 
notify the applicant in writing of the decision and the work will be 
registered. However, if the Examining Division again refuses to 
register the work, it will send the

[[Page 77637]]

applicant a written notification stating the reasons for refusal within 
four months of the date on which the first request for reconsideration 
is received by the Examining Division. When the ending date for the 
four-month time period falls on a weekend or a Federal holiday, the 
ending day of the four-month period shall be extended to the next 
Federal work day. Failure by the Examining Division to send the written 
notification within the four-month period shall not result in 
registration of the applicant's work.
    (c) Second reconsideration. Upon receiving written notification of 
the Examining Division's decision to refuse registration in response to 
the first request for reconsideration, an applicant may request that 
the Review Board reconsider the Examining Division's refusal to 
register, subject to the following requirements:
    (1) An applicant must request in writing that the Review Board 
reconsider the Examining Division's decision to refuse registration. 
The second request for reconsideration must include the reasons the 
applicant believes registration was improperly refused, including any 
legal arguments in support of those reasons and any supplementary 
information, and must address the reasons stated by the Examining 
Division for refusing registration upon first reconsideration. The 
Board will base its decision on the applicant's written submissions.
    (2) The fee set forth in Sec.  201.3(d)(4) of this chapter must 
accompany the second request for reconsideration.
    (3) The second request for reconsideration and the applicable fee 
must be received in the Copyright Office no later than three months 
from the date that appears in the Examining Division's written notice 
of its decision to refuse registration after the first request for 
reconsideration. When the ending date for the three-month time period 
falls on a weekend or a Federal holiday, the ending day of the three-
month period shall be extended to the next Federal work day.
    (4) If the Review Board decides to register an applicant's work in 
response to a second request for reconsideration, it will notify the 
applicant in writing of the decision and the work will be registered. 
If the Review Board upholds the refusal to register the work, it will 
send the applicant a written notification stating the reasons for 
refusal.
    (d) Submission of reconsiderations. (1) All mail, including any 
that is hand delivered, should be addressed as follows: 
RECONSIDERATION, Copyright R&P Division, P.O. Box 71380, Washington, DC 
20024-1380. If hand delivered by a commercial, non-government courier 
or messenger, a request for reconsideration must be delivered between 
8:30 a.m. and 4 p.m. to: Congressional Courier Acceptance Site, located 
at Second and D Streets, NE., Washington, DC. If hand delivered by a 
private party, a request for reconsideration must be delivered between 
8:30 a.m. and 5 p.m. to: Room 401 of the James Madison Memorial 
Building, located at 101 Independence Avenue, SE., Washington, DC.
    (2) The first page of the written request must contain the 
Copyright Office control number and clearly indicate either ``FIRST 
RECONSIDERATION'' or ``SECOND RECONSIDERATION,'' as appropriate, on the 
subject line.
    (e) Suspension or wavier of time requirements. For any particular 
request for reconsideration, the provisions relating to the time 
requirements for submitting a request under this section may be 
suspended or waived, in whole or in part, by the Register of Copyrights 
upon a showing of good cause. Such suspension or waiver shall apply 
only to the request at issue and shall not be relevant with respect to 
any other request for reconsideration from that applicant or any other 
applicant.
    (f) Composition of the Review Board. The Review Board shall consist 
of three members; the first two members are the Register of Copyrights 
and the General Counsel or their respective designees. The third member 
will be designated by the Register.
    (g) Final agency action. A decision by the Review Board in response 
to a second request for reconsideration constitutes final agency 
action.

PART 211--MASK WORK PROTECTION

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

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


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4. Add Sec.  211.7 to read as follows:


Sec.  211.7  Reconsideration procedure for refusals to register.

    The requirements prescribed in Sec.  202.5 of this chapter for 
reconsideration of refusals to register copyright claims are applicable 
to requests to reconsider refusals to register mask works under 17 
U.S.C. chapter 9, unless otherwise required by this part.

PART 212--PROTECTION OF VESSEL HULL DESIGNS

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5. The authority citation for part 212 continues to read as follows:

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


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6. Add Sec.  212.7 to read as follows:


Sec.  212.7  Reconsideration procedure for refusals to register.

    The requirements prescribed in Sec.  202.5 of this chapter for 
reconsideration of refusals to register copyright claims are applicable 
to requests to reconsider refusals to register vessel hull designs 
under 17 U.S.C. chapter 13, unless otherwise required by this part.

    Dated: December 3, 2004.
Marybeth Peters,
Register of Copyrights.
    Approved by:
James H. Billington,
Librarian of Congress.
[FR Doc. 04-28396 Filed 12-27-04; 8:45 am]
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