[Federal Register Volume 72, Number 117 (Tuesday, June 19, 2007)]
[Rules and Regulations]
[Pages 33690-33692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-11815]


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LIBRARY OF CONGRESS

Copyright Office

37 CFR Part 201 and 212

[Docket No. RM 2007-6]


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 a lower basic registration fee of $35 for 
copyright claims submitted electronically. This fee applies to all 
registrations where the application is submitted electronically, 
including those registrations where the deposit materials cannot be 
sent electronically together with the application. At the same time, 
the Office is retaining its current fee of $45 for processing paper 
applications for basic copyright registration of a copyright claim. The 
dual fee structure reflects the reduced cost of processing electronic 
claims and serves as an incentive to the public to utilize the new 
online, electronic registration system. On or after July 1, 2007, the 
Copyright Office will begin accepting a limited number of electronic 
submissions of copyright claims through the Internet and the new fee 
will apply to these applications. The adoption of the new rule assumes 
that no legislative action will take place before July 1, 2007.

EFFECTIVE DATE: July 1, 2007.

FOR FURTHER INFORMATION CONTACT: Tanya Sandros, Acting General Counsel, 
P.O. Box 70400, Washington, D.C. 20024-0400, Telephone (202) 707-8380. 
Telefax: (202) 707-8366.

SUPPLEMENTARY INFORMATION:

Background

    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), 
codified as 17 U.S.C. 708(b).
    In 1997, Congress delegated to the Register of Copyrights authority 
to adjust fees in accordance with a new procedure. This procedure 
requires the Register to conduct a study of the costs incurred for fee 
services, such as the registration of claims, the recordation of 
documents, and search services. If, after the review and application of 
all statutory criteria, the Register determines that fees should be 
adjusted, the Register prepares a proposed fee schedule and submits the 
schedule and the accompanying economic analysis to Congress. 17 U.S.C. 
708(b)(5). The fee 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. Id. Technical Amendments Act, 
Pub. L. No. 105-80, 111 Stat. 1529 (1997).
    The Copyright Office has instituted fee adjustments under the 
Technical Amendments Act on three separate occasions. The first 
schedule was adopted in 1999. See 63 FR 43426 (August 13, 1998) and 64 
FR 29518 (June 1, 1999). Three years later a second adjustment was made 
raising many copyright fees, but leaving the basic copyright 
registration fee at $30. 67 FR 38003 (May 31, 2002). The last fee 
adjustment was adopted in 2006, in which most statutory fees were again 
raised due to increase in costs. In this instance, the basic 
registration fee was increased from $30 to $45. 71 FR 15368 (March 28, 
2006) and 71 FR 31089 (June 1, 2006).

Cost Study

    In raising the basic registration fee last year to $45, the 
commentary in the Federal Register notice anticipated establishing a 
differential fee schedule with lower filing fees for online 
registration to reflect the efficiencies of the new reengineered 
processes. 71 FR at 31090. It is intended that the dual fee will not 
only reflect the reduced costs of processing electronic claims, but 
will also provide an incentive to potential electronic filers.
    On February 21, 2007, a cost study was submitted to Congress 
proposing to reduce the basic registration fee for copyright claims 
submitted electronically to $35 and to institute new fees for listing 
titles of individual works in an application for a collection or 
collective work. The per title fee for an electronic submission would 
be $1 and the per title fee for a paper application would be $3. 
However, the proposed fees for listing titles of individual works in an 
application for a collection or collective work are not being adopted 
at this time.
    The cost study used to determine the new fees was developed by the 
Copyright Office based on a model created as part of its business 
process reengineering initiative. The cost analysis utilized an 
activity-based costing methodology approved by the Office of Management 
and Budget in its publication, Managerial Cost Accounting Standards for 
the Federal Government, Statement of Federal Financial Accounting 
Standards, No. 4 (July 31, 1995). Cost studies of this type are 
retrospective, using actual data from a prior fiscal year. However, 
costing for the proposed fee had to be done prospectively, as an 
adjunct to the earlier cost study, because electronic registration has 
not been offered in the past. In developing the new fee, the Copyright 
Office utilized data from a small-scale testbed for electronic 
registration and data from prior cost studies relating to the costs of 
certain paper handling processes which will be eliminated by the new 
electronic processing systems. On the basis of the information 
available to the Copyright Office, it concluded that a fee of $35 for 
the electronic processing of a claim to copyright to be reasonable. The 
Office is likely to revisit the fee issue once the electronic system 
has been fully operational for a sufficient period of time so as to 
yield reliable information on the actual costs involved in providing 
the service.
    The Office is also adopting technical amendments to bring all fees 
within the fee schedules set forth in Sec.  Sec.  201.3 (c) and (e) of 
title 37 of the CFR. Specifically, the Office is amending Sec.  Sec.  
201.11(h)(3)(iv)(A), 201. 201.17(k)(3)(iv)(A), 201.27 (g)(2), 
201.28(i)(3)(v)(A), 212.3(e)(1), (f)(4), and 212.5(c)(4).

Effective Date

    Congress has 120 days from February 21, 2007, to review the 
statutory fees submitted to it, codified in Sec.  201.3(c). If no 
legislation is enacted barring adoption of these fees, the $35 proposed 
fee for registration of copyright claims submitted electronically will 
be adopted, effective July 1, 2007.

[[Page 33691]]

List of Subjects

37 CFR Part 201

    Copyright, General provisions.

37 CFR Part 212

    Design, Vessel hulls, Registration.

Final Rule

0
In consideration of the foregoing, 37 CFR parts 201 and 212 are amended 
as follows:

PART 201--GENERAL PROVISIONS

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

    Authority: 17 U.S.C. 702.
0
2. Section 201.3 (c) and (e) 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 Rated Services                                 Fees
----------------------------------------------------------------------------------------------------------------
(1) Registration of a basic claim in an original work of authorship: Forms TX, SE, PA, VA      $45
 (including Short Forms), and Form SR.
(2) Electronic Registration of a basic claim in an original work of authorship: Form CO......   35
(3) Registration of a claim in a group of contributions to periodicals (GR/CP)...............   45
(4) Registration of a renewal claim (Form RE): Claim without Addendum........................   75
 Addendum....................................................................................  220
(5) Registration of a claim in a mask work (Form MW).........................................   95
(6) Registration of a claim in a group of serials (Form SE/Group) [per issue, with minimum 2    25
 issues].
(7) Registration of a claim in a group of daily newspapers and qualified newsletters (Form G/   70
 DN).
(8) Registration of a claim in a restored copyright (Form GATT)..............................   45
(9) Registration of a group of published photographs.........................................   45
(10) Preregistration of certain unpublished works............................................  100
(11) Registration of a correction or amplification to a claim (Form CA)......................  115
(12) Providing an additional certificate of registration.....................................   40
(13) Certification of other Copyright Office records (per hour)..............................  150
(14) Search-report prepared from official records (per hour).................................  150
 Estimate of search fee......................................................................  100
(15) Location of Copyright Office records (per hour).........................................  150
 Location of in-process materials (per hour).................................................  150
(16) Recordation of document, including a Notice of Intention to Enforce (NIE) (single title)   95
 Additional titles (per group of 10 titles)..................................................   25
(17) Recordation of Notice of Intention to Make and Distribute Phonorecords..................   12
(18) Recordation of an Interim Designation of Agent to Receive Notification of Claimed          80
 Infringement under Sec.   512(c)(2).
(19) Issuance of a receipt for a Sec.   407 deposit..........................................   20
(20) Registration of a claim in a vessel hull (including 3 pages of drawing or photographs)..  200
 Additional pages............................................................................   20
(21) Recordation of distinctive identification of vessel hull designer.......................   80
----------------------------------------------------------------------------------------------------------------

* * * * *
(e) Licensing Division service fees. The Copyright Office has 
established the following fees for certain services performed by the 
Licensing Division:

----------------------------------------------------------------------------------------------------------------
                                 Licensing Division Services                                          Fees
----------------------------------------------------------------------------------------------------------------
(1) Recordation of a Notice of Intention to Make and Distribute Phonorecords (17 U.S.C. 115).  $12
(2) Filing Fee for Recordation of License Agreements under 17 U.S.C. 118.....................  125
(3) Recordation of Certain Contracts by Cable Television Systems Located Outside the Forty-     50
 Eight Contiguous States.
(4) Initial Notice of Digital Transmission of Sound Recording(17 U.S.C. 114).................   20
 Amendment of 17 U.S.C. 114 Notice...........................................................   20
(5) Statement of Account Amendment (Cable Television Systems, Satellite Carriers, and Digital
 Audio Recording Devices or Media, 17.
U.S.C. 111, 119, and 1003)...................................................................   95
(6) Amendment to an Initial Notice of Distribution of Digital Audio Recording Devices or        20
 Media.
(7) Photocopy made by staff (b&w) (per page, minimum $6).....................................  0.50
(8) Search, per hour.........................................................................  150
(9) Certification of Search Report...........................................................  150
----------------------------------------------------------------------------------------------------------------

0
3. Amend Sec.  201.11 by revising the first sentence in paragraph 
(h)(3)(iv)(A) to read as follows:


Sec.  201.11  Satellite carrier statements of account covering 
statutory licenses for secondary transmissions.

* * * * *
    (h) * * *
    (3)* * *
    (iv)(A) All requests filed under this paragraph (h) must be 
accompanied by a filing fee in the amount prescribed in Sec.  201.3(e) 
of this part for each Statement of Account involved. * * *
* * * * *
0
4. Amend Sec.  201.17 by revising the first sentence in paragraph 
(k)(3)(iv)(A) to read as follows:

[[Page 33692]]

Sec.  201.17  Statements of account covering compulsory licenses for 
secondary transmissions by cable systems.

* * * * *
    (k) * * *
    (3) * * *
    (iv)(A) All requests filed under this paragraph (k) (except those 
filed under paragraph (k)(1)(iii) of this section) must be accompanied 
by a filing fee in the amount prescribed in Sec.  201.3(e) of this part 
for each Statement of Account involved. * * *
* * * * *
0
5. Amend Sec.  201.27 by revising paragraph (g)(2) to read as follows:


Sec.  201.27  Initial notice of distribution of digital audio recording 
devices or media.

* * * * *
    (g) * * *
    (2) No fee shall be required for the recording of Initial Notices. 
The fee for filing an Amendment to an Initial Notice of Distribution of 
Digital Audio Recording Devices or Media is prescribed in Sec.  
201.3(e).

0
6. Amend Sec.  201.28 by revising the first sentence in paragraph 
(j)(3)(v)(A) to read as follows:

Sec.  201.28  Statements of account for digital audio recording devices 
or media.

* * * * *
    (j) * * *
    (3) * * *
    (v)(A) The request must be accompanied by a filing fee in the 
amount prescribed in Sec.  201.3(e) for each Statement of Account 
involved. * * *
* * * * *

PART 212--PROTECTION OF VESSEL HULL DESIGNS

0
7. The authority citation for Part 212 continues to read as follows:

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

0
8. Amend Sec.  212.3 by revising paragraphs (e)(1) and (f)(4) to read 
as follows:


Sec.  212.3  Registration of claims for protection of eligible designs.

    (e) Deposit material-(1) In General. Identification of the design 
to be registered may be made in the form of drawings or photographs. No 
more than two drawings or photographs of the design may appear on a 
single sheet. Applicants may submit up to three 81/2``x11'' sheets 
containing drawings or photographs as part of the basic application 
fee. An additional fee shall be assessed for each page beyond the first 
three pages. No combinations of drawings and photographs may be 
submitted on a single sheet. The drawings or photographs that accompany 
the application must reveal those aspects of the design for which 
protection is claimed. The registration extends only to those aspects 
of the design which are adequately shown in the drawings or 
photographs.
* * * * *
    (f) * * *
    (4) Fees. The basic application fee prescribed in Sec.  201.3(c) of 
this chapter applies to each design submitted, regardless of whether a 
single application or multiple applications are used.

0
9. Amend Sec.  212.5 by revising paragraph (c)(4) to read as follows:

Sec.  212.5  Recordation of distinctive identification of vessel hull 
designer.

* * * * *
    (c) * * *
    (4) The recordation fee in the amount prescribed in Sec.  201.3 (c) 
of this chapter.
* * * * *

    Dated: June 5, 2007
Marybeth Peters,
Register of Copyrights.
    Approved by:
James H. Billington,
The Librarian of Congress.
[FR Doc. E7-11815 Filed 6-18-07; 8:45 am]
BILLING CODE 1410-30-S