[Federal Register Volume 76, Number 126 (Thursday, June 30, 2011)]
[Rules and Regulations]
[Page 38306]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-16432]
[[Page 38306]]
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LIBRARY OF CONGRESS
Copyright Office
37 CFR Part 201
[Docket No. RM 2009-5]
Fees for Special Handling of Registration Claims
AGENCY: Copyright Office, Library of Congress.
ACTION: Extension of temporary rule.
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SUMMARY: The Copyright Office is extending for one year the interim
rule relating to fees for special handling of registration claims that
have been pending for at least six months. Currently, the interim rule
is set to expire on July 1, 2011, and this extension will change the
expiration date to July 1, 2012.
DATES: The effective period of 37 CFR 201.15, published August 10, 2009
(74 FR 39900) is extended through July 1, 2012.
FOR FURTHER INFORMATION CONTRACT: David O. Carson, General Counsel, or
Kent Dunlap, Assistant General Counsel, Copyright GC/I&R, P.O. Box
70400, Southwest Station, Washington, DC 20024. Telephone: (202) 707-
8380. Telefax: (202) 707-8366.
SUPPLEMENTARY INFORMATION: On August 10, 2009, the Copyright Office
published a notice of an interim rule relating to fees for special
handling of registration claims that have been pending for at least six
months. 74 FR 39900 (August 10, 2009). Under this interim rule, the
Copyright Office waived the normal special handling charges for
conversion of a pending copyright application that had been pending for
more than six months without any action by the Copyright Office in
instances where the applicant satisfied the Office that special
handling of the registration was needed because the applicant was about
to file a suit for copyright infringement. The interim rule Sec.
201.15, was set to expire on July 1, 2011.
As was noted in the Federal Register notice announcing this interim
rule, at that time the pendency rates for applications for registration
had risen to unacceptably high levels due to issues relating to the
transition to the Office's new electronic filing system, especially
with respect to paper applications. Since that time, much progress has
been made in reducing the pendency rates. The average time to complete
claims that are submitted electronically is now 3 months, but for paper
applications the average is now 13 months, with 30% of paper
applications being processed within 6 months. Therefore, the Office has
concluded that there remains a need to permit special handling without
an additional fee in cases where applications have been pending for
more than 6 months, without any action by the Copyright Office, and
prompt registration is needed to permit the filing of a copyright
infringement suit.
The Office will reevaluate whether there is a continuing need for
this interim rule to remain in place as the new expiration date
approaches next year.
Persons wishing to take advantage of this accommodation must
continue to comply with the requirements set forth in section 201.15 of
the Copyright Office regulations, including the requirement to submit
an affidavit or declaration under penalty of perjury providing the
information and documents required by that section of the regulations.
Dated: June 22, 2011.
Maria A. Pallante,
Register of Copyrights.
Approved by:
James H. Billington,
The Librarian of Congress.
[FR Doc. 2011-16432 Filed 6-29-11; 8:45 am]
BILLING CODE 1410-30-P