[Federal Register Volume 82, Number 23 (Monday, February 6, 2017)]
[Rules and Regulations]
[Pages 9354-9366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29625]


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LIBRARY OF CONGRESS

 Copyright Office

37 CFR Parts 201, 202, 203, 204, 205, 210, 211, 212, 253, 254, 255, 
256, 258, 260, 261, 262, 263, and 270

[Docket No. 2016-5]


Copyright Office Technical Amendments

AGENCY: U.S. Copyright Office, Library of Congress.

ACTION: Final rule.

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SUMMARY: The U.S. Copyright Office is amending its regulations 
governing registration, recordation, licensing, and other services that 
the Office provides. The amendments will improve the quality of the 
Office's regulations by updating cross-references to the Copyright Act 
and the Office's regulations, replacing outdated terminology, 
reflecting structural changes to the Office and its senior management, 
eliminating expired or obsolete provisions, and correcting 
nonsubstantive errors.

DATES: Effective March 8, 2017.

FOR FURTHER INFORMATION CONTACT: Sarang V. Damle, General Counsel and 
Associate Register of Copyrights, sdam@loc.gov; Regan A. Smith, Deputy 
General Counsel, resm@loc.gov; or Erik Bertin, Deputy Director of 
Registration Policy and Practice, ebertin@loc.gov. Each person can be 
reached by telephone at 202-707-8040.

SUPPLEMENTARY INFORMATION: 

I. Background

    On October 3, 2016, the U.S. Copyright Office (``Office'') 
published a Notice of Proposed Rulemaking (``NPRM'') setting forth 
proposed regulatory amendments designed to improve the quality of the 
Office's

[[Page 9355]]

regulations through several technical amendments. 81 FR 67940. No 
comments were received in response to the NPRM.

II. Final Rule

    There was no opposition to the proposed rule. Accordingly, the 
proposed rule is adopted with the following technical revisions made to 
reflect subsequent developments made after publication of the NPRM.
    Since issuing the NPRM, the Copyright Office created the position 
of the Chief Financial Officer (``CFO''), a senior staff position that 
serves under the Register and oversees all financial, budgetary, and 
procurement activities for the Copyright Office. The final rule 
reflects this addition to the Office's senior staff by adding the title 
and description of the CFO to 37 CFR 203.3(i) and revising the 
description of the Office of the Chief of Operations in 37 CFR 
203.3(b).
    The final rule also contains two deletions to the regulations of 
the former Copyright Arbitration Royalty Panel (``CARP'') found in 
subchapter B of the Copyright Office's regulations. The NPRM removed 
all of the CARP regulations, with the exception of the two sections 
governing legacy royalty rates and terms under the cable compulsory 
license in 37 CFR part 256 and legacy royalty rates and terms for coin-
operated phonorecords in 37 CFR part 251. See 81 FR 67940, 67942. 
Between publication of the NPRM and this final rule, the Copyright 
Royalty Board, the royalty tribunal that replaced the CARP, relocated 
the regulations governing both of these sections. See 81 FR 62812, 
62813 (Sept. 13, 2016) and 37 CFR part 387 (cable compulsory license); 
81 FR 83141 (Nov. 21, 2016) and 37 CFR part 388 (coin-operated 
phonorecord player compulsory license). Since the Copyright Royalty 
Board has relocated these provisions, parts 254 and 256 can now be 
removed from the former Copyright Arbitration Royalty Panel Rules and 
Procedures and reserved, which finalizes removal and reservation 
subchapter B of chapter II of title 37 of the CFR.
    The final rule also amends 37 CFR 202.3(b)(2)(i) to remove the 
reference to submission of registration applications ``through the 
Copyright Office Web site [copyright.gov],'' to accommodate 
applications by electronic submissions that do not use the Copyright 
Office Web site. Additionally, the final rule removes two cross-
references to 37 CFR 201.9, which is being removed and reserved.
* * * * *

List of Subjects

37 CFR Part 201

    Copyright, General provisions.

37 CFR Part 202

    Copyright, Preregistration and registration of claims to copyright.

37 CFR Part 203

    Freedom of information.

37 CFR Part 204

    Privacy.

37 CFR Part 205

    Legal processes.

37 CFR Part 210

    Copyright, Phonorecords, Recordings.

37 CFR Part 211

    Mask work.

37 CFR Part 212

    Design, Vessel hulls, Registration.

37 CFR Part 253

    Copyright, Public broadcasting entities, Radio, Television.

37 CFR Part 254

    Copyright, Jukeboxes.

37 CFR Part 255

    Copyright, Music, Recordings.

37 CFR Part 256

    Copyright, Cable television.

37 CFR Part 258

    Copyright, Satellite, Rates.

37 CFR Parts 260 Through 263

    Copyright, Digital audio transmissions, Performance right, Sound 
recordings.

37 CFR part 270

    Copyright, Sound recordings.

Final Regulations

0
For the reasons set forth in the preamble, the Copyright Office amends 
37 CFR parts 201, 202, 203, 204, 205, 210, 211, 212, 253, 254, 255, 
256, 258, 260, 261, 262, 263, and 270 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.


Sec.  201.1  [Amended]

0
2. Amend Sec.  201.1 as follows:
0
a. In paragraph (a), remove ``on-site deliveries from commercial and 
private couriers'' and add in its place ``direct deliveries from 
commercial couriers and messengers'' and remove ``Web site'' and add in 
its place ``website'' each place it appears.
0
b. In paragraph (b)(2):
0
i. Remove ``20559'' and add in its place ``20559-6000''.
0
ii. Remove the term ``Hull'' from the ``Type of submission'' column of 
the table and remove the term ``AD'' from the ``Code'' column of the 
table and add in its place the term ``CAD/AD''.
0
c. In paragraph (c)(1), remove ``Information and Records Division'' and 
add in its place ``Office of Public Information and Education''.
0
d. In paragraph (c)(2), remove ``Sections'' and add in its place 
``sections''.
0
e. In paragraph (c)(4), remove ``hull'' and add in its place 
``design''.
0
f. In paragraph (c)(5), remove ``Records Research and Certification,'' 
and add in its place ``Records Research and Certification Section,''.
0
g. In paragraphs (c)(6) and (7), remove ``Section'' and add in its 
place ``section''.
0
h. In paragraph (c)(7), remove ``Ave.'' and add in its place 
``Avenue''.

0
3. Amend Sec.  201.2 as follows:
0
a. In paragraph (b)(1), remove ``Certifications and Documents Section'' 
and add in its place ``Records Research and Certification Section''.
0
b. In paragraph (b)(3) introductory text, remove ``Information and 
Records Division'' and add in its place ``Office of Public Information 
and Education''.
0
c. In paragraph (b)(3)(i)(C), remove ``the remitter'' and add in its 
place ``the applicant or remitter''.
0
d. Redesignate paragraphs (b)(4)(i) and (ii) as paragraphs (b)(4)(i)(A) 
and (B), redesignate the introductory text of paragraph (b)(4) as 
paragraph (b)(4)(i), and designate the undesignated text preceding 
paragraph (b)(5) as paragraph (b)(4)(ii).
0
e. In newly redesignated paragraph (b)(4)(i) introductory text, remove 
the phrase ``that were submitted within the twelve month period 
immediately preceding the request for access''.
0
f. In newly redesignated paragraph (b)(4)(ii), remove ``Copyright 
Information'' and add in its place ``Records Research and 
Certification''.
0
g. Revise paragraph (b)(7).
0
h. In paragraph (d)(1)(iv), remove ``Certifications'' and add in its 
place ``Certification''.
    The revision reads as follows:


Sec.  201.2  Information given by the Copyright Office.

* * * * *
    (b) * * *
    (7) The Register of Copyrights has issued an administrative manual 
known as the Compendium of U.S. Copyright

[[Page 9356]]

Office Practices, Third Edition. The Compendium explains many of the 
practices and procedures concerning the Office's mandate and statutory 
duties under title 17 of the United States Code. It is both a technical 
manual for the Copyright Office's staff, as well as a guidebook for 
authors, copyright licensees, practitioners, scholars, the courts, and 
members of the general public. The Third Edition and prior editions of 
the Compendium may be viewed, downloaded, or printed from the Office's 
website. They are also available for public inspection and copying in 
the Records Research and Certification Section.
* * * * *


Sec.  201.3  [Amended]

0
4. Amend Sec.  201.3 as follows:
0
a. In paragraph (c)(3), remove ``predominately'' and add in its place 
``predominantly''.
0
b. In paragraph (c)(9), remove the period from the end of the first 
line and add in its place a colon and remove ``$130'' and add in its 
place ``130''.
0
c. In paragraph (c)(11), remove ``hull'' and add in its place 
``design''.
0
d. In the heading of paragraph (d), remove ``Service Fees'' and add in 
its place ``service fees''.
0
e. In paragraph (d)(6), remove the period from the end of the term 
``Variable'' in the ``Fees ($)'' column of the table.
0
f. In the first column heading of the table in paragraph (e), remove 
``division'' and add in its place ``Division''.
0
g. Remove paragraph (e)(3).
0
h. Redesignate paragraphs (e)(4) through (8) as paragraphs (e)(3) 
through (7), respectively.


Sec.  201.4  [Amended]

0
5. Amend Sec.  201.4 as follows:
0
a. In the introductory text of paragraph (a)(1), remove ``, as amended 
by Pub. L. 94-553''.
0
b. Remove paragraph (a)(1)(iv).
0
c. Redesignate paragraphs (a)(1)(v) and (vi) as paragraphs (a)(1)(iv) 
and (v), respectively.
0
d. In paragraph (a)(2), remove ``, as amended by Pub. L. 94-553''.
0
e. In paragraph (a)(3)(ii), remove ``or'' and add in its place ``of''.
0
f. In paragraph (b), remove ``Web site'' and add in its place 
``website''.
0
g. In paragraph (c)(4)(ii)(D)(4), remove ``a two- or three-letter'' and 
add in its place ``a one-, two-, or three-letter''.
0
h. In paragraph (c)(4)(iii), add a period after ``Public Catalog'' and 
remove ``and the remitter'' and add in its place ``The remitter''.
0
i. In paragraph (e), remove ``record'' and add in its place 
``recordation''.


Sec.  201.5  [Amended]

0
6. Amend Sec.  201.5 as follows:
0
a. In paragraphs (a)(1) introductory text, (a)(1)(i)(A) and (a)(1)(ii), 
remove ``, as amended by Pub. L. 94-553''.
0
b. In paragraph (b)(2)(i), remove the semicolon from the end of the 
paragraph and add in its place a period.
0
c. In paragraph (b)(2)(iii)(B), remove ``; and'' and add in its place a 
period.
0
d. In paragraph (c)(2), remove ``Web site'' and add in its place 
``website''.


Sec.  201.6  [Amended]

0
7. Amend Sec.  201.6 as follows:
0
a. In paragraph (a), remove ``Register of Copyrights'' from the first 
sentence and add in its place ``U.S. Copyright Office''.
0
b. In paragraph (b)(3), remove the last sentence.
0
c. In paragraph (c)(1), remove ``hulls'' from the first sentence and 
add in its place ``designs''.
0
d. In paragraphs (c)(1) and (2), remove the phrase ``, and refunds of 
less than $2 may be made in postage stamps''.
0
e. In paragraph (c)(3), remove the comma after the term ``Records'' in 
the last sentence.
0
f. In paragraph (d), remove ``transferred for the'' and add in its 
place ``transferred for use in the''.


Sec.  201.7  [Amended]

0
8. Amend Sec.  201.7 as follows:
0
a. In paragraph (c)(1), remove ``de minimis'' from the first sentence 
and add in its place ``insufficiently creative'' and remove ``not in 
accordance with title 17 U.S.C., Chapters 1 through 8'' from the last 
sentence and add in its place ``not in accordance with U.S. copyright 
law''.
0
b. In paragraph (c)(2), remove ``remitter'' and add in its place 
``applicant''.
0
c. In paragraph (d), remove ``remitter'' from the first sentence and 
add in its place ``applicant''.


Sec.  201.8  [Amended]

0
9. Amend Sec.  201.8 as follows:
0
a. In paragraphs (c)(1) introductory text and (c)(1)(i), remove 
``claimant'' and add in its place ``applicant'' each place it appears.
0
b. In paragraph (d), remove ``certificate or registration'' and add in 
its place ``certificate of registration''.
0
c. In paragraphs (f)(2) and (3), remove ``mail'' and add in its place 
``Mail''.
0
d. In paragraph (g), remove ``one of the addresses specified in Sec.  
201.1'' and add in its place ``the address specified in Sec.  
201.1(c)(1)''.


Sec.  201.9  [Removed and Reserved]

0
10. Remove and reserve Sec.  201.9.


Sec.  201.10  [Amended]

0
11. Amend Sec.  201.10 as follows:
0
a. In the introductory text, remove ``sections 203, 304(c) and 304(d) 
of title 17, of the United States Code'' and add in its place ``17 
U.S.C. 203, 304(c), and 304(d)''.
0
b. In paragraphs (b)(1) introductory text, remove ``sections 304(c) and 
304(d) of title 17, U.S.C.,'' and add in its place ``17 U.S.C. 304(c) 
and 304(d)''.
0
c. In paragraph (b)(1)(vii)(B), remove ``section 304 of title 17, 
U.S.C.,'' and add in its place ``17 U.S.C. 304''.
0
d. In paragraph (b)(2) introductory text, remove ``section 203 of title 
17, U.S.C.,'' and add in its place '' 17 U.S.C. 203''.
0
e. In paragraph (b)(2)(vii)(B), remove ``section 203 of title 17, 
U.S.C.'' and add in its place ``17 U.S.C. 203''.
0
f. In paragraph (c)(2), remove ``section 304(c) or section 304(d), 
whichever applies, of title 17, U.S.C.'' and add in its place ``17 
U.S.C. 304(c) or 304(d), whichever applies''.
0
g. In paragraph (c)(3), remove ``section 203 of title 17, U.S.C.'' and 
add in its place ``17 U.S.C. 203''.
0
h. In paragraph (d)(1), remove ``first-class'' and add in its place 
``first class''.
0
i. In paragraph (d)(2), remove ``section 203, section 304(c) or section 
304(d) of title 17, U.S.C.'' and add in its place ``17 U.S.C. 203, 
304(c), or 304(d)''.
0
j. In paragraph (d)(3), remove ``reasonable investigation'' and add in 
its place ``reasonable investigation'' and remove the quotation marks 
from around the words ``reasonable investigation''.
0
k. In paragraph (d)(4), remove ``section 203, section 304(c), or 
section 304(d) of title 17, U.S.C.'' and add in its place ``17 U.S.C. 
203, 304(c), or 304(d)''.
0
l. In paragraph (e)(1), remove ``section 203, section 304(c), or 
section 304(d) of title 17, U.S.C.'' and add in its place ``17 U.S.C. 
203, 304(c), or 304(d)''.
0
m. In paragraph (f)(1) introductory text, remove ``paragraph (2) of 
this paragraph (f)'' and add in its place ``paragraph (f)(2) of this 
section''.
0
n. In paragraph (f)(1)(ii), remove ``first-class'' and add in its place 
``first class''.
0
o. In paragraph (f)(3), remove ``record'' and add in its place 
``recordation''.
0
p. In paragraph (f)(4), remove ``section 203(a)(3) or section 
304(c)(3), as applicable, of title 17, United States Code'' and add in 
its place ``17 U.S.C. 203(a)(3) or 304(c)(3), whichever applies'' and 
remove ``Sec.  201.4(c)(3)'' and add in its place ``Sec.  201.4''.
0
q. In paragraph (f)(7), remove ``Sec.  201.1'' and add in its place 
``Sec.  201.1(c)(2)''.

[[Page 9357]]

Sec.  201.11  [Amended]

0
12. Amend Sec.  201.11 as follows:
0
a. In paragraph (a), remove ``section 119(b)(1) and Section 122(a) of 
title 17 of the United States Code, as amended by Pub. L. No. 111-175'' 
and add in its place ``17 U.S.C. 119(b)(1), as amended by Public Law 
111-175'', remove ``that'' and add in its place ``for'', and add the 
term ``to'' after the phrase ``private home viewing''.
0
b. In paragraph (b)(1), remove ``and'' and add in its place ``and'', 
remove ``Section 119(d) of title 17 of the United States Code, as 
amended by Pub. L. No. 111-175'' and add in its place ``17 U.S.C. 
119(d), as amended by Public Law 111-175''.
0
c. In paragraph (c)(1), remove ``section 119(b)(1)(B) and (c)(3) of 
title 17'' and add in its place ``17 U.S.C. 119(b)(1)(B)'' and remove 
``not later than'' and add in its place ``no later than'' each place it 
appears.
0
d. In paragraph (d)(1), remove the term ``U.S.'', and remove ``free 
upon request. Requests may be mailed to the address specified in Sec.  
201.1'' and add in its place ``free from the Copyright Office 
website''.
0
e. In paragraph (d)(2), remove ``Statement of Account for Secondary 
Transmissions by Satellite Carriers to Home Viewers'' and add in its 
place ``Form SC (Statement of Account for Secondary Transmissions by 
Satellite Carriers of Distant Television Signals)''.
0
f. In paragraphs (e)(6) and (7), remove ``Sec.  258.3'' and add in its 
place ``Sec.  386.2''.
0
g. In paragraph (h)(3)(i), remove the second sentence and add in its 
place ``Telephone or similar unsigned requests that meet these 
conditions may be permitted, where a follow-up written request 
detailing the same information is received by the Copyright Office 
within fourteen days after the required thirty-day period.''.
0
h. In paragraph (h)(3)(ii), remove the semicolon from the end of the 
paragraph and add in its place a period.
0
i. In paragraph (h)(3)(iii)(A), remove the colon from the end of the 
paragraph and add in its place ``; or''.


Sec.  201.12  [Amended]

0
13. Amend Sec.  201.12 as follows:
0
a. In paragraph (a) introductory text, remove ``section 111(e)(2) of 
title 17 of the United States Code as amended by Pub. L. 94-553'' and 
add in its place ``17 U.S.C. 111(e)(2)''.
0
b. In paragraph (b), remove ``Sec.  201.3'' and add in its place 
``Sec.  201.3(e)''.
0
c. In paragraph (c), remove ``record'' from the last sentence and add 
in its place ``recordation''.


Sec.  201.13  [Amended]

0
14. Amend Sec.  201.13 as follows:
0
a. In paragraph (a)(1), remove ``section 110(4) of title 17 of the 
United States Code as amended by Pub. L. 94-553'' and add in its place 
``17 U.S.C. 110(4)''.
0
b. In paragraph (d)(3), remove ``a telegram'' and add in its place ``an 
email, fax,'' and remove the word ``said''.
0
c. In paragraph (e)(2)(iii), remove ``Telegram, cablegram,'' and add in 
its place ``Email, fax,''.


Sec.  201.14  [Amended]

0
15. Amend Sec.  201.14 as follows:
0
a. In paragraphs (a)(1) and (2), remove ``as amended by Pub. L. 94-
553''.
0
b. In paragraph (c)(2), remove ``8'' and add in its place ``eight''.


Sec.  201.15  [Added and Reserved]

0
16. Add and reserve Sec.  201.15.


Sec.  201.16  [Amended]

0
17. Amend Sec.  201.16 by removing paragraph (c)(7).

0
18. Amend Sec.  201.17 as follows:
0
a. In paragraph (a), remove ``Coypright'' and add in its place 
``Copyright'' and remove ``section 111(d)(2) of title 17 of the United 
States Code'' and add in its place ``17 U.S.C. 111(d)(1)''.
0
b. In paragraph (b)(1), remove ``Gross receipts for the'' and add in 
its place ``Gross receipts for the''.
0
c. In paragraph (b)(2), remove ``Sec.  201.17 of'' each place it 
appears and remove ``section, shall be'' and add in its place ``section 
shall be''.
0
d. In paragraph (b)(5), remove ``Section 111(f) of title 17 of the 
United States Code, as amended by Pub. L. No. 94-553, Pub. L. No. 103-
369, and Pub. L. No. 111-175'' and add in its place ``17 U.S.C. 111(f), 
as amended by Public Laws 94-553, 103-369, and 111- 175''.
0
e. In paragraph (b)(7), remove ``translator station is,'' and add in 
its place ``translator station is''.
0
f. In paragraph (b)(9), remove ``FCC'', '' and add in its place 
``FCC,'' ''.
0
g. Revise paragraph (c)(1).
0
h. In paragraph (d)(1), remove the term ``U.S.'', and remove ``upon 
request. Requests may be mailed to the address specified in Sec.  
201.1'' and add in its place ``from the Copyright Office website''.
0
i. In paragraph (e)(5)(iii), add a period to the end of the sentence.
0
j. Revise paragraph (e)(7) and remove the undesignated paragraph 
following paragraph (e)(7).
0
k. Revise paragraph (f)(3).
0
l. Remove paragraph (i)(1)(vi).
0
m. Revise paragraph (i)(3).
0
n. Remove paragraphs (i)(4) and (5).
0
o. Redesignate paragraphs (i)(6) through (10) as paragraphs (i)(4) 
through (8), respectively.
0
p. In paragraph (m)(2)(i), remove the semicolon and add in its place 
``; or''.
0
q. In paragraph (m)(2)(ii), remove ``; or'' and add a period in its 
place.
0
r. Remove paragraph (m)(2)(iii).
0
s. In paragraph (m)(4)(i), remove the second sentence and add in its 
place ``Telephone or similar unsigned requests that meet these 
conditions may be permitted, where a follow-up written request 
detailing the same information is received by the Copyright Office 
within fourteen days after the required sixty-day period.''
0
t. In paragraph (m)(4)(ii), remove the semicolon from the end of the 
paragraph and add in its place a period.
0
u. In paragraph (m)(4)(iii)(B), remove the semicolon from the end of 
the paragraph and add in its place a period.
0
v. Remove paragraph (m)(4)(iii)(C).
0
w. In paragraph (m)(4)(iv)(A), remove the phrase ``(except those filed 
under paragraph (m)(2)(iii) of this section)'' and remove the period 
from the end of the paragraph and add in its place ``; and''.
0
x. In paragraph (m)(4)(iv)(B), remove the comma after the phrase ``this 
paragraph (m)''.
    The revisions read as follows:


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

* * * * *
    (c) * * *
    (1) Statements of Account shall cover semiannual accounting periods 
of January 1 through June 30, and July 1 through December 31, and shall 
be deposited in the Copyright Office, together with the total royalty 
fee for such accounting periods as prescribed by 17 U.S.C. 111(d)(1)(B) 
through (F), by no later than the immediately following August 29, if 
the Statement of Account covers the January 1 through June 30 
accounting period, and by no later than the immediately following March 
1, if the Statement of Account covers the July 1 through December 31 
accounting period.
    (e) * * *
    (7) The designation ``Gross Receipts'', followed by the gross 
amount paid to the cable system by subscribers for the basic service of 
providing secondary transmissions of primary broadcast transmissions 
during the period covered by the Statement of Account.
    (i) If the cable system maintains its revenue accounts on an 
accrual basis, gross receipts for any accounting period includes all 
such amounts accrued for secondary transmission service furnished 
during that period, regardless of when accrued:

[[Page 9358]]

    (A) Less the amount of any bad debts actually written-off during 
that accounting period;
    (B) Plus the amount of any previously written-off bad debts for 
secondary transmission service which were actually recovered during 
that accounting period.
    (ii) If the cable system maintains its revenue accounts on a cash 
basis, gross receipts of any accounting period includes all such 
amounts actually received by the cable system during that accounting 
period.
* * * * *
    (f) * * *
    (3) In computing the DSE of a primary transmitter in a particular 
case of carriage on or after July 1, 1981, the cable system may make no 
prorated adjustments other than those specified in 17 U.S.C. 
111(f)(5)(B), and which remain in force under that provision. Two 
prorated adjustments, as prescribed in that section, are permitted 
under certain conditions where:
    (i) A station is carried on a part-time basis where full-time 
carriage is not possible because the cable system lacks the activated 
channel capacity to retransmit on a full-time basis all signals which 
it is authorized to carry; and
    (ii) A station is carried on a ``substitute'' basis under rules, 
regulations, or authorizations of the FCC in effect on October 19, 1976 
(as defined in 17 U.S.C. 111(f)(5)(B)(ii)), which permitted a cable 
system, at its election, to omit the retransmission of a particular 
program and substitute another program in its place.
* * * * *
    (i) * * *
    (3) It shall be presumed that the 3.75% rate of 37 CFR 308.2(c) 
applies to DSEs accruing from newly added distant signals, carried for 
the first time by a cable system after June 24, 1981. The presumption 
of this section can be rebutted in whole or in part:
    (i) By actual carriage of a particular distant signal prior to June 
25, 1981, as reported in Statements of Account duly filed with the 
Copyright Office (``actual carriage''), unless the prior carriage was 
not permitted by the FCC; or
    (ii) By carriage of no more than the number of distant signals 
which was or would have been allotted to the cable system under the 
FCC's quota for importation of network and nonspecialty independent 
stations (47 CFR 76.59(b), 76.61(b) and (c), and 76.63, referring to 
Sec.  76.61(b) and (c), in effect on June 24, 1981).
* * * * *


Sec.  201.18  [Amended]

0
19. Amend 201.18 as follows:
0
a. In paragraph (a)(2), remove ``his'' and add in its place ``the''.
0
b. In paragraph (a)(4) introductory text, remove ``subparagraphs (ii) 
and (iii)'' and add in its place ``paragraphs (a)(4)(ii) and (iii) of 
this section''.
0
c. In paragraphs (a)(4)(i) and (ii), remove ``that that'' and add in 
its place ``that'' each place it appears.
0
d. In paragraph (a)(5), remove the phrase ``copyright owner,'' and add 
in its place the phrase `` ``copyright owner,'' ''.
0
e. In paragraph (b), remove ``paragraph (a)(4)'' and add in its place 
``paragraph (a)(6)'', and remove ``Sec.  210.11(e)'' and add in its 
place ``Sec.  210.16(g)''.
0
f. In paragraph (f)(3), remove the phrase ``filed by being'' from the 
fourth sentence.
0
g. In paragraph (f)(4), remove ``paragraph (a)(4)'' and add in its 
place ``paragraph (b)'' each place it appears.


Sec.  201.22  [Amended]

0
20. Amend Sec.  201.22 as follows:
0
a. In paragraphs (a)(1) and (c)(1)(i), remove ``411(b)'' and add in its 
place ``411(c)''.
0
b. In paragraph (d)(3), remove ``a telegram'' and add in its place ``an 
email, fax,''.
0
c. In paragraph (e)(1), remove ``411(b)(1)'' and add in its place 
``411(c)(1)''.
0
d. In paragraph (e)(2)(iii), remove ``Telegram, cablegram,'' and add in 
its place ``Email, fax,''.


Sec.  201.23  [Amended]

0
21. Amend Sec.  201.23 as follows:
0
a. In paragraph (a), remove ``, as amended by Pub. L. 94-553, 90 Stat. 
2541, effective January 1, 1978'' and remove the phrase ``, as amended 
by Pub. L. 94-553''.
0
b. In paragraph (b) introductory text, remove ``Provided, That:'' and 
add in its place ``provided that:''.
0
c. In paragraphs (b)(1) through (3), remove the phrase ``, as amended 
by Pub. L. 94-553'' wherever it appears.


Sec.  201.25  [Amended]

0
22. Amend Sec.  201.25 as follows:
0
a. In paragraph (c)(1), remove ``Regulatory'' from the first sentence 
and add in its place ``Registry''.
0
b. In paragraph (e), remove ``record'' from the second sentence and add 
in its place ``recordation''.


Sec.  201.26  [Amended]

0
23. Amend Sec.  201.26 as follows:
0
a. In paragraph (b), remove ``Definitions--'' and add in its place 
``Definitions.''.
0
b. In paragraph (d), remove ``Documents--'' and add in its place 
``documents.''.
0
c. Remove paragraph (d)(4).
0
d. In paragraph (f), remove ``record'' from the second sentence and add 
in its place ``recordation''.


Sec.  201.27  [Amended]

0
24. Amend Sec.  201.27 as follows:
0
a. In the heading to paragraph (b), remove the dash and add a period in 
its place.
0
b. In paragraph (b)(1), remove ``An'' and add ``An'' in its place.
0
c. In paragraph (b)(3), remove the comma following the term 
``cassette''.


Sec.  201.28  [Amended]

0
25. Amend Sec.  201.28 as follows:
0
a. In paragraph (c)(3), remove the third and fourth sentences.
0
b. In paragraph (d)(1), remove ``from the Licensing Division, Library 
of Congress'' and add in its place ``free from the Copyright Office 
website'', remove ``Forms and other information may be requested from 
the Licensing Division by facsimile transmission (FAX), but copies'' 
and add in its place ``Copies'' and remove ``FAX'' and add in its place 
``fax''.
0
c. In paragraph (e)(5), remove ``facsimile (FAX)'' and add in its place 
``fax''.
0
d. In paragraph (j)(3)(i), remove the third sentence and add in its 
place ``Telephone or similar unsigned requests that meet these 
conditions may be permitted, where a follow-up written request 
detailing the same information is received by the Copyright Office 
within 14 days after the required 60-day period.''.


Sec.  201.29  [Amended]

0
26. Amend Sec.  201.29 as follows:
0
a. In paragraph (e), remove the term ``5'' and add in its place the 
term ``five''.
0
b. In paragraph (h)(1), remove the parentheses from around the phrase 
``of the manufacturing party or importing party''.
0
c. In paragraph (h)(2), remove ``telefax'' and add in its place 
``fax''.
0
d. In paragraph (h)(6), remove the term ``(AHRA)''.


Sec.  201.31  [Removed and Reserved]

0
27. Remove and reserve Sec.  201.31.

0
28. Amend Sec.  201.33 as follows:
0
a. In paragraph (a), remove ``automated database, which can be accessed 
over the Internet'' from the last sentence and add in its place 
``website''.
0
b. In the heading to paragraph (b), remove the dash and add a period in 
its place.
0
c. In paragraph (b)(2)(iii), remove the phrase ``the new'' each place 
it appears.
0
d. In paragraph (b)(3)(iii)(A), remove ``United States'' and add in its 
place ``U.S.''.

[[Page 9359]]

0
e. In paragraph (d)(3)(ii)(G), remove ``Telefax number'' and add in its 
place ``Email address''.
0
f. In the heading to paragraph (e)(2), remove ``Payment'' and add in 
its place ``payment''.
0
g. In paragraph (e)(2)(i), remove ``Register of Copyrights'' and add in 
its place ``U.S. Copyright Office''.
0
h. In paragraph (e)(2)(ii), remove ``U.S.'' from each place it appears 
in the heading and paragraph text, remove ``Sec.  201.1'' from the last 
sentence and add in its place ``Sec.  201.1(b)'', and remove ``Web 
site'' and add in its place ``website''.
0
i. In paragraph (e)(2)(iii), remove ``VISA, MasterCard and American 
Express'' from the first sentence and add in its place ``most major 
credit cards''.
0
j. Revise paragraph (f).
0
k. In appendix A, item 13, remove ``Telefax'' and adding in its place 
``Fax''.
    The revision reads as follow:


Sec.  201.33  Procedures for filing Notices of Intent to Enforce a 
restored copyright under the Uruguay Round Agreements Act.

* * * * *
    (f) Public access. Notices of Intent to Enforce filed with the 
Copyright Office are available for public inspection and copying in the 
Records Research and Certification Section. Some of the information 
contained in these records is available on the Office's website, 
including the title of the work or a brief description if the work is 
untitled and the name of the copyright owner or owner of an exclusive 
right.
* * * * *

0
29. Amend Sec.  201.34 as follows:
0
a. In paragraph (d)(3)(viii)(D), remove ``telefax'' and add in its 
place ``fax''.
0
b. In paragraph (e), italicize the introductory paragraph heading.
0
c. Revise paragraph (f).
    The revision reads as follows:


Sec.  201.34  Procedures for filing Correction Notices of Intent to 
Enforce a Copyright Restored under the Uruguay Rounds Agreement Act.

* * * * *
    (f) Public access. Correction Notices of Intent to Enforce filed 
with the Copyright Office are available for public inspection and 
copying in the Records Research and Certification Section.
* * * * *


Sec.  201.38  [Amended]

0
30. Amend Sec.  201.38 in paragraphs (a)(1) and (2), (b) introductory 
text, (b)(1)(ii), (b)(2), (c) introductory text, and (c)(1) by removing 
``Web site'' and adding in its place ``website''.


Sec.  201.39  [Amended]

0
31. Amend Sec.  201.39 as follows:
0
a. In paragraph (g)(1), italicize the paragraph heading.
0
b. In paragraph (g)(3)(i), remove ``Register of Copyrights'' and add in 
its place ``U.S. Copyright Office''.
0
c. In paragraph (g)(3)(ii), remove ``U.S.'' from each place it appears 
in the heading and paragraph text and remove ``Sec.  201.1'' and add in 
its place ``Sec.  201.1(b)'' and remove ``Web site'' and add in its 
place ``website''.

PART 202--PREREGISTRATION AND REGISTRATION OF CLAIMS TO COPYRIGHT

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

    Authority:  17 U.S.C. 408(f), 702.


Sec.  202.2  [Amended]

0
33. Amend Sec.  202.2 as follows:
0
a. In paragraph (b)(2), remove ``his'' and add in its place ``the 
producer's''.
0
b. In paragraph (b)(5), remove ``his name'' and add in its place ``that 
person's name''.
0
c. Redesignate paragraphs (b)(6)(i) through (iii) as paragraphs 
(b)(6)(i)(A) through (C), respectively, redesignate the introductory 
text of paragraph (b)(6) as (b)(6)(i), and designate the undesignated 
paragraph preceding paragraph (b)(7) as (b)(6)(ii).
0
d. In newly redesignated paragraph (b)(6)(i)(B), remove the semicolon 
and add in its place ``; or''.
0
e. In newly redesignated paragraph (b)(6)(i)(C), remove the colon and 
add in its place a period.
0
f. In newly designated paragraph (b)(6)(ii), remove ``Provided, 
however, That'' and add in its place ``Provided, however, that'', 
remove ``three foregoing types of cases'' and add in its place ``three 
types of cases described in paragraphs (b)(6)(i)(A) through (C) of this 
section'', and remove the period at the end of the paragraph and add in 
its place a semicolon.
0
g. In paragraph (b)(10), remove the period and add in its place ``; 
and''.


Sec.  202.3  [Amended]

0
34. Amend Sec.  202.3 as follows:
0
a. In paragraph (a)(1), remove the phrase ``, as amended by Pub. L. 94-
553''.
0
b. In paragraph (b)(1)(v), italicize the paragraph heading.
0
c. In paragraph (b)(2) introductory text, remove ``Web site'' and add 
in its place ``website''.
0
d. In paragraph (b)(2)(i)(A), remove ``through the Copyright Office Web 
site [www.copyright.gov]'' and add a period in its place.
0
e. In paragraph (b)(2)(i)(B), remove ``Web sites'' and add in its place 
``websites''.
0
f. In paragraph (b)(2)(i)(D), remove the phrase ``a remitter'' and add 
in its place the phrase ``an applicant''.
0
g. In paragraph (b)(2)(ii)(C), remove ``the type of authorship that 
predominates'' from the fourth sentence and add in its place ``the 
predominant type of authorship''.
0
h. In paragraph (b)(2)(ii)(D), remove ``Web site [www.copyright.gov]'' 
and add in its place ``website (www.copyright.gov)''.
0
i. In paragraph (b)(6)(v), remove ``under 408(c)(1) of title 17'' and 
add in its place ``under 17 U.S.C 408(c)(1)''.
0
j. In paragraph (b)(8)(i) introductory text, remove the phrase ``, as 
amended by Pub. L. 94-553''.


Sec.  202.4  [Removed and Reserved]

0
35. Remove and reserve Sec.  202.4.


Sec.  202.5  [Amended]

0
36. Amend Sec.  202.5 as follows:
0
a. In paragraph (a), remove the term ``hull''.
0
b. In paragraph (b)(2), remove ``Sec.  201.3(d)(3)(i)'' and add in its 
place ``Sec.  201.3(d)''.
0
c. In paragraph (b)(3), remove ``Registration Program written notice'' 
and add in its place ``written notice from the Registration Program'' 
and remove the term ``initial''.
0
d. In paragraph (c)(2), remove ``Sec.  201.3(d)(3)(ii)'' and add in its 
place ``Sec.  201.3(d)''.
0
e. In paragraph (d)(1), remove ``Sec.  201.1'' and add in its place 
``Sec.  201.1(c)(4)''.
0
f. In paragraph (e), remove ``wavier'' from the paragraph heading and 
add in its place ``waiver''.

0
37. Amend Sec.  202.12 as follows:
0
a. In paragraph (b)(1), italicize the terms ``restored work'' and 
``source country'', and remove the term ``the URAA'' and add in its 
place the phrase ``17 U.S.C. 104(A)(g)(6) and (8)''.
0
b. Revise paragraph (c)(1).
0
c. Remove paragraph (c)(2).
0
d. Redesignate paragraphs (c)(3) and (4) as paragraphs (c)(2) and (3), 
respectively.
0
e. In newly redesignated paragraph (c)(2)(ii)(A), remove ``Register of 
Copyrights'' and add in its place ``U.S. Copyright Office''.
0
f. In newly redesignated paragraph (c)(2)(ii)(B), remove ``U.S.'' from 
each place it appears in the heading and paragraph text and remove 
``Web site'' and add in its place ``website''.
0
g. In newly redesignated paragraph (c)(2)(ii)(C), remove ``URAA'' and 
add in its place ``GATT'' and remove ``VISA, MasterCard, and American 
Express'' and add in its place ``most major credit cards''.

[[Page 9360]]

0
h. In newly redesignated paragraph (c)(3)(i) introductory text, remove 
``the amended section 104A'' and add in its place ``17 U.S.C. 104A'' 
and remove ``paragraphs (c)(4) (ii)'' and add in its place ``paragraphs 
(c)(3)(ii)''.
0
i. In newly redesignated paragraph (c)(3)(iv), remove ``paragraph 
(c)(4)(i)'' and add in its place ``paragraph (c)(3)(i)''.
0
j. In newly redesignated paragraph (c)(3)(v), remove ``may seek an 
alternative deposit under special relief (37 CFR 202.20(d))'' and add 
in its place ``may submit an alternative deposit under a grant of 
special relief under Sec.  202.20(d)''.
0
k. In newly redesignated paragraph (c)(3)(vi), remove ``telefax'' and 
add in its place ``fax''.
0
l. In paragraph (d), remove ``copyrights'' and add in its place 
``works''.
    The revision reads as follows:


Sec.  202.12  Restored copyrights.

* * * * *
    (c) Registration--(1) Application. Applications for registration 
for single works restored to copyright protection under the URAA should 
be made on Form GATT. Copies of this form may be obtained from the 
Office's website or by contacting the Public Information Office at 
(202) 707-3000. Applicants should submit the completed application with 
the appropriate filing fee and deposit copies and materials required by 
paragraph (c)(3) of this section in the same package by mail.
* * * * *


Sec.  202.16  [Amended]

0
38. Amend Sec.  202.16 as follows:
0
a. In paragraph (a), remove ``Section 408(f) of 17 U.S.C.'' and add in 
its place ``17 U.S.C. 408(f).''.
0
b. Revise paragraph (c)(3).
0
c. In paragraph (c)(5)(ii)(A), italicize the paragraph heading.
0
d. In paragraph (c)(5)(ii)(B), italicize the paragraph heading.
0
e. In paragraph (c)(5)(ii)(C), italicize the paragraph heading.
0
f. Revise paragraphs (c)(6)(i) and (c)(6)(iii) through (v).
0
h. In paragraph (c)(6)(vi), remove the last sentence and add in its 
place ``The description may also explain the general presentation 
(e.g., the lighting, background scenery, positioning of elements of the 
subject matter as it is seen in the photographs), and should provide 
any locations and events, if applicable, associated with the 
photographs.''
0
i. Revise paragraph (c)(10).
0
j. In paragraph (c)(11), remove ``Information and Records Division'' 
and add in its place ``Office of Public Information and Education''.
0
k. Revise paragraph (c)(12).
    The revisions read as follows:


Sec.  202.16  Preregistration of copyrights.

* * * * *
    (c) * * *
    (3) Application. An application for preregistration must be 
submitted electronically on the Copyright Office website at: http://www.copyright.gov.
* * * * *
    (6) * * *
    (i) For motion pictures, the identifying description should include 
the following information to the extent known at the time of filing: 
The subject matter, a summary or outline, the director, the primary 
actors, the principal location of filming, and any other information 
that would assist in identifying the particular work being 
preregistered.
* * * * *
    (iii) For musical compositions, the identifying description should 
include the following information to the extent known at the time of 
filing: The subject matter of the lyrics, if any; the genre of the work 
(e.g., classical, pop, musical comedy, soft rock, heavy metal, gospel, 
rap, hip-hop, blues, jazz); the performer, principal recording 
location, record label, motion picture, or other information relating 
to any sound recordings or motion pictures that are being prepared for 
commercial distribution and will include the musical composition; and 
any other detail or characteristic that may assist in identifying the 
particular musical composition.
    (iv) For literary works in book form, the identifying description 
should include to the extent known at the time of filing: The genre of 
the book (e.g., biography, novel, history, etc.), and should include a 
brief summary of the work including, the subject matter (e.g., a 
biography of President Bush, a history of the war in Iraq, a fantasy 
novel); a description (where applicable) of the plot, primary 
characters, events, or other key elements of the content of the work; 
and any other salient characteristics of the book (e.g., whether it is 
a later edition or revision of a previous work, as well as any other 
detail which may assist in identifying the literary work in book form).
    (v) For computer programs (including videogames), the identifying 
description should include to the extent known at the time of filing: 
The nature, purpose and function of the computer program, including the 
programming language in which it is written and any particular 
organization or structure in which the program has been created; the 
form in which it is expected to be published (e.g., as an online-only 
product; whether there have been previous versions and identification 
of such previous versions); the identities of persons involved in the 
creation of the computer program; and, if the work is a videogame, also 
the subject matter of the videogame and the overall object, goal, or 
purpose of the game, its characters, if any, and the general setting 
and surrounding found in the game.
* * * * *
    (10) Notification of preregistration. Upon completion of the 
preregistration, the Copyright Office will email an official 
notification of the preregistration to the person who submitted the 
application.
* * * * *
    (12) Public record of preregistration. The preregistration record 
also will be made available to the public on the Copyright Office 
website at: http://www.copyright.gov.
* * * * *


Sec.  202.17  [Amended]

0
39. Amend Sec.  202.17 as follows:
0
a. In paragraph (b)(1), remove ``[as'' and add in its place ``(as'' and 
remove ``(C)]'' and add in its place ``(C))''.
0
b. In paragraph (c)(2), remove ``409(11),'' and add in its place 
``409(10),''.
0
c. In the heading to paragraph (e), remove ``Section'' and add in its 
place ``section''.
0
d. In paragraph (e)(2), remove ``name[s]'' and add in its place 
``name(s)'' each place it appears, remove ``claimant[s]'' and add in 
its place ``claimant(s)'' each place it appears, and remove ``sixty-
seven year'' and add in its place ``67-year''.
0
e. In paragraph (e)(3), remove ``(b)(4)'' and add in its place 
``(b)(3)''.
0
f. In paragraph (f)(2), remove ``(f)(1)(i)'' and add in its place 
``(f)(1)''.
0
g. In paragraph (g)(1), remove ``U.S. Copyright Office homepage at 
http://www.copyright.go'' from the second sentence and add in its place 
``Copyright Office website at: http://www.copyright.gov'', remove 
``Request.'' and add in its place ``request.'', and remove ``Sec.  
201.1'' and add in its place ``Sec.  201.1(b)''.
0
h. In paragraph (h)(3)(vii), remove ``[effective'' and add in its place 
``(effective'' and remove ``1988]'' and add in its place ``1988)''.

0
40. Amend Sec.  202.19 as follows:
0
a. In paragraph (a), remove ``, as amended by Pub. L. 94-553'' and 
remove ``of these regulations''.

[[Page 9361]]

0
b. Revise paragraph (b)(2) and remove the undesignated paragraph 
following paragraph (b)(2).
0
c. In paragraph (b)(4), remove ``Sec.  202.19(c)(5) of this 
regulation'' and add in its place ``paragraph (c)(5) of this section''.
0
d. In paragraphs (c)(5) and (d)(2)(iii)(B), remove ``of these 
regulations'' wherever it occurs.
0
e. Revise paragraph (d)(2)(iv).
0
f. In paragraph (d)(2)(vi), remove the comma after the term ``kits''.
0
g. In paragraph (e)(1)(iv), remove the phrase ``of these regulations''.
0
h. In paragraph (e)(3), remove ``for Registration Program'' and add in 
its place ``of Copyrights and Director of the Office of Registration 
Policy and Practice''.
0
i. In paragraph (f)(1), remove ``on the application'' and remove ``of 
these regulations''.
    The revisions read as follows:


Sec.  202.19  Deposit of published copies or phonorecords for the 
Library of Congress.

* * * * *
    (b) * * *
    (2) A complete copy includes all elements comprising the unit of 
publication of the best edition of the work, including elements that, 
if considered separately, would not be copyrightable subject matter or 
would otherwise be exempt from the mandatory deposit requirement under 
paragraph (c) of this section.
    (i) In the case of sound recordings, a ``complete'' phonorecord 
includes the phonorecord, together with any printed or other visually 
perceptible material published with such phonorecord (such as textual 
or pictorial matter appearing on record sleeves or album covers, or 
embodied in leaflets or booklets included in a sleeve, album, or other 
container).
    (ii) In the case of a musical composition published in copies only, 
or in both copies and phonorecords:
    (A) If the only publication of copies in the United States took 
place by the rental, lease, or lending of a full score and parts, a 
full score is a ``complete'' copy; and
    (B) If the only publication of copies in the United States took 
place by the rental, lease, or lending of a conductor's score and 
parts, a conductor's score is a ``complete'' copy.
    (iii) In the case of a motion picture, a copy is ``complete'' if 
the reproduction of all of the visual and aural elements comprising the 
copyrightable subject matter in the work is clean, undamaged, 
undeteriorated, and free of splices, and if the copy itself and its 
physical housing are free of any defects that would interfere with the 
performance of the work or that would cause mechanical, visual, or 
audible defects or distortions.
    (iv) In the case of an electronic work published in the United 
States and available only online, a copy is ``complete'' if it includes 
all elements constituting the work in its published form, i.e., the 
complete work as published, including metadata and formatting codes 
otherwise exempt from mandatory deposit.
* * * * *
    (d) * * *
    (2) * * *
    (iv) In any case where an individual author is the owner of 
copyright in a published pictorial or graphic work and:
    (A) Less than five copies of the work have been published; or
    (B) The work has been published and sold or offered for sale in a 
limited edition consisting of no more than three hundred numbered 
copies, the deposit of one complete copy of the best edition of the 
work or, alternatively, the deposit of photographs or other identifying 
material in compliance with Sec.  202.21, will suffice in lieu of the 
two copies required by paragraph (d)(1) of this section.
* * * * *

0
41. Amend Sec.  202.20 as follows:
0
a. In paragraph (a), remove ``, as amended by Pub. L. 94-553'' and 
remove ``of these regulations''.
0
b. In paragraph (b)(1), remove ``The'' and add in its place ``The''.
0
c. In paragraph (b)(2)(ii), remove ``(b)(2) (iv)'' and add in its place 
``(b)(2)(iv)''.
0
d. Revise paragraph (b)(2)(iii).
0
e. In paragraph (b)(2)(v), remove ``Sec.  202.19(b)(2) of these 
regulations;'' and add in its place ``Sec.  202.19(b)(2)(i).''.
0
f. In paragraph (b)(2)(vi)(B), remove the term ``copy;'' and add in its 
place the term ``copy.''.
0
g. In paragraph (b)(6), remove ``Sec.  202.20'' and add in its place 
``section'' and remove the term ``as''.
0
h. In paragraph (c)(2)(i)(G), remove ``(c)(2)(xi)(B)(5)'' and add in 
its place ``(c)(2)(xi)(B)''.
0
i. In paragraphs (c)(2)(ii), (c)(2)(iii)(B), (c)(2)(iv), and (c)(2)(v), 
remove the phrase ``of these regulations'' each place it appears.
0
j. In paragraph (c)(2)(vii)(A)(2), remove ``units, entire'' and add in 
its place ``units, the entire'' and remove ``proportinately'' and add 
in its place ``proportionately''.
0
k. In paragraphs (c)(2)(viii)(A) and (c)(2)(x), remove the phrase ``of 
these regulations'' each place it appears.
0
l. In paragraph (c)(2)(xi)(A), remove ``of these regulations'' and add 
in its place ``of this chapter''.
0
m. In paragraphs (c)(2)(xii) and (xiii), remove the phrase ``of these 
regulations'' each place it appears.
0
n. In paragraph (c)(2)(xvi), remove ``the deposit phonorecord'' and add 
in its place ``the phonorecord''.
0
o. In paragraph (c)(2)(xviii)(A), add a superscript ``6'' after the 
first sentence and designate the undesignated paragraph after paragraph 
(c)(2)(xviii)(A)(4) as footnote 6.
0
p. In paragraph (c)(2)(xviii)(B), remove the phrase ``of these 
regulations'', add a superscript ``7'' after the second sentence, and 
designate the undesignated paragraph after paragraph 
(c)(2)(xviii)(B)(4) as footnote 7.
0
q. In paragraph (d)(1)(iv), remove ``of these regulations''.
0
r. In paragraph (d)(3), remove ``of these regulations'' and remove 
``for Registration Program of the Copyright Office'' and add in its 
place ``of Copyrights and Director of the Office of Registration Policy 
and Practice''.
0
s. In paragraph (e), remove ``section 407 of title 17 and Sec.  202.19 
of these regulations'' and add in its place ``17 U.S.C. 407 and Sec.  
202.19'', remove ``of claim'' and add in its place ``of a claim'', and 
remove the phrase ``on the application''.
    The revision reads as follows:


Sec.  202.20  Deposit of copies and phonorecords for copyright 
registration.

* * * * *
    (b) * * *
    (2) * * *
    (iii) Works submitted for registration in digital formats. A 
``complete'' electronically filed work is one which is embodied in a 
digital file which contains:
    (A) If the work is unpublished, all authorship elements for which 
registration is sought; and
    (B) If the work is published solely in an electronic format, all 
elements constituting the work in its published form, i.e., the 
complete work as published, including metadata and authorship for which 
registration is not sought. Publication in an electronic only format 
requires submission of the digital file(s) in exact first-publication 
form and content.
    (C) For works submitted electronically, any of the following file 
formats are acceptable for registration: PDF, TXT, WPD, DOC, TIF, SVG, 
JPG, XML, HTML, WAV, and MPEG family of formats, including MP3. This 
list of file formats is non-exhaustive and it may change, or be added 
to periodically. Changes will be noted in the list of

[[Page 9362]]

acceptable formats on the Copyright Office website.
    (D) Contact with the registration applicant may be necessary if the 
Copyright Office cannot access, view, or examine the content of any 
particular digital file that has been submitted for the registration of 
a work. For purposes of 17 U.S.C. 410(d), a deposit has not been 
received in the Copyright Office until a copy that can be reviewed by 
the Office is received.
* * * * *


Sec.  202.21  [Amended]

0
42. Amend Sec.  202.21 as follows:
0
a. In paragraph (a), remove ``and to'' from the first sentence and add 
in its place ``and'' and remove the phrase ``of these regulations''.
0
b. In paragraph (g)(1)(i) introductory text, remove ``and description'' 
and add in its place ``and a description''.
0
c. In paragraph (h), remove the phrase ``of these regulations''.


Sec.  202.22  [Amended]

0
43. Amend Sec.  202.22 as follows:
0
a. In paragraph (c)(8), remove ``Web site'' and add in its place 
``website''.
0
b. In paragraph (f)(1)(i), remove the phrase ``not later than'' and add 
in its place the phrase ``no later than''.


Sec.  202.23  [Amended]

0
44. Amend Sec.  202.23 as follows:
0
a. In paragraph (a)(1), remove ``708(a)(11)'' and add in its place 
``708(a)''.
0
b. In paragraph (b)(2), remove ``Chief, Information and Records 
Division of the Copyright Office,'' and add in its place ``Director of 
the Office of Public Records and Repositories at the address specified 
in Sec.  201.1(b)(1) of this chapter,'' and remove ``(i)'' and 
``(ii)''.
0
c. In paragraph (c)(2), remove the word ``of'' after ``Sec.  202.20''.
0
d. In paragraph (e)(1), remove ``708(a)(11)'' and add in its place 
``708(a)'' and add ``of this chapter'' after ``Sec.  201.3(d)''.
0
e. In paragraph (e)(2), add ``of this chapter'' after ``Sec.  
201.3(d)'' and remove ``Register of Copyrights'' and add in its place 
``U.S. Copyright Office''.


Sec.  202.24  [Amended]

0
45. Amend Sec.  202.24 as follows:
0
a. In paragraphs (a)(1) and (c)(1) and (2) by removing ``of these 
regulations''.
0
b. In paragraph (d)(1)(i) by removing ``section 407(d) of Title 17'' 
and adding in its place ``17 U.S.C. 407(d)''.

Appendix B to Part 202 [Amended]

0
46. Amend appendix B to part 202 as follows:
0
a. In the introductory text, designate the five undesignated paragraphs 
as a., b., c., d., and e., respectively.
0
b. In paragraph III.A., add a colon to the end of the term ``Film'' and 
add periods to the ends of paragraphs III.A.1. through III.A.4.
0
c. In paragraph III.B., add a colon to the end of the words ``Video 
Formats'' and add periods to the ends of paragraphs III.B.1. through 
III.B.4.
0
d. In paragraph VI.A.1., remove ``Vocal music:'' and add in its place 
``Vocal music:''.
0
e. In paragraph VI.A.1.a., remove ``accompaniment--'' and add in its 
place ``accompaniment:''.
0
f. In paragraph VI.A.2., remove ``Instrumental music:'' and add in its 
place ``Instrumental music:''.
0
g. In paragraph VIII.A., add a colon to the end of the word 
``Programs''.
0
h. In paragraph VIII.A.3., remove ``Format:'' and add in its place 
``Format:''.
0
i. In paragraph VIII.B.4., remove ``Format'' and add in its place 
``Format:''.
0
j. In paragraph IX.A., add a colon to the end of the word ``Serials''.
0
k. In paragraph IX.A.1., add a colon to the end of the word ``Format''.

PART 203--FREEDOM OF INFORMATION ACT: POLICIES AND PROCEDURES

0
47. The authority citation for part 203 continues to read as follows:

    Authority:  17 U.S.C. 702, 5 U.S.C. 552, as amended.

0
48. Revise Sec.  203.2 to read as follows:


Sec.  203.2  Authority and functions.

    The administration of the copyright law was entrusted to the 
Library of Congress by an act of Congress in 1870, and the Copyright 
Office has been a separate department of the Library since 1897. The 
statutory functions of the Copyright Office are contained in and 
carried out in accordance with the Copyright Act.

0
49. Amend Sec.  203.3 as follows:
0
a. Remove paragraphs (a) through (d).
0
b. Redesignate paragraphs (e) through (g) as paragraphs (j) through 
(l), respectively.
0
c. Add new paragraphs (a) through (i).
0
d. Revise paragraph (h).
0
e. In newly redesignated paragraph (k), remove ``Avenue SE, Washington, 
DC'' and add in its place ``Avenue, SE., Washington, DC''.
0
f. Add paragraph (m).
    The revisions and additions read as follows:


Sec.  203.3  Organization.

    (a) The Office of the Register of Copyrights has overall 
responsibility for the Copyright Office and its statutory mandate, 
specifically: For legal interpretation of the copyright law; 
administering the provisions of title 17 of the U.S.C.; promulgating 
copyright regulations; advising Congress and other government officials 
on domestic and international copyright policy and other intellectual 
property issues; determining personnel and other resource requirements 
for the Office; organizing strategic and annual program planning; and 
preparing budget estimates for inclusion in the budget of the Library 
of Congress and U.S. Government.
    (b) The Office of the Chief of Operations is headed by the Chief of 
Operations (``COO''), who advises the Register on core business 
functions and coordinates and directs the day-to-day operations of the 
Copyright Office. The Office of the COO supervises human capital, the 
administration of certain statutory licenses, mandatory deposits and 
acquisitions, and strategic planning functions. This Office interacts 
with every other senior management office that reports to the Register 
and frequently coordinates and assesses institutional projects. The COO 
chairs the Copyright Office's operations committee. The following 
divisions fall under the oversight of the COO:
    (1) The Receipt Analysis and Control Division is responsible for 
sorting, analyzing, and scanning incoming mail; creating initial 
records; labeling materials; and searching, assembling, and dispatching 
electronic and hardcopy materials and deposits to the appropriate 
service areas. The Division is responsible for operating the Copyright 
Office's central print room, mail functions, and temporary storage. The 
Division also processes all incoming fees and maintains accounts, 
related records, and reports involving fees received.
    (2) The Licensing Division administers certain statutory licenses 
set forth in the Copyright Act. The Division collects royalty payments 
and examines statements of account for the cable statutory license (17 
U.S.C. 111), the satellite statutory license for retransmission of 
distant television broadcast stations (17 U.S.C. 119), and the 
statutory license for digital audio recording technology (17 U.S.C. 
chapter 10). The Division also accepts and records documents associated 
with the use of the mechanical statutory license (17 U.S.C. 115).
    (3) The Copyright Acquisitions Division administers the mandatory 
deposit requirements of the Copyright Act, acting as an intermediary 
between copyright owners of certain published works and the 
acquisitions staff in the

[[Page 9363]]

Library of Congress. 17 U.S.C. 407. This Office creates and updates 
records for the copies received by the Copyright Office; demands 
particular works or particular formats of works as necessary; and 
administers deposit agreements between the Library and copyright 
owners.
    (c) The Office of the General Counsel is headed by the General 
Counsel and Associate Register of Copyrights, who is an expert 
copyright attorney and one of four legal advisors to the Register. This 
Office assists the Register in carrying out critical work of the 
Copyright Office regarding the legal interpretation of the copyright 
law. The General Counsel liaises with the Department of Justice, other 
federal departments, and the legal community on a wide range of 
copyright matters including litigation and the administration of title 
17 of the U.S.C. The General Counsel also has primary responsibility 
for the formulation and promulgation of regulations and the adoption of 
legal positions governing policy matters and the practices of the 
Copyright Office.
    (d) The Office of Policy and International Affairs is headed by the 
Associate Register of Copyrights and Director of Policy and 
International Affairs, who is an expert copyright attorney and one of 
four legal advisors to the Register. This Office assists the Register 
with critical policy functions of the Copyright Office, including 
domestic and international policy analyses, legislative support, and 
trade negotiations. Policy and International Affairs represents the 
Copyright Office at meetings of government officials concerned with the 
international aspects of intellectual property protection, and provides 
regular support to Congress and its committees on statutory amendments 
and construction.
    (e) The Office of Registration Policy and Practice is headed by the 
Associate Register of Copyrights and Director of Registration Policy 
and Practice, who is an expert copyright attorney and one of four legal 
advisors to the Register. This Office administers the U.S. copyright 
registration system and advises the Register of Copyrights on questions 
of registration policy and related regulations and interpretations of 
copyright law. This Office has three divisions: Literary, Performing 
Arts, and Visual Arts. It also has a number of specialized sections, 
for example, in the area of motion pictures. This Office executes major 
sections of the Compendium of Copyright Office Practices, particularly 
with respect to the examination of claims and related principles of 
law.
    (f) The Office of Public Information and Education is headed by the 
Associate Register for Public Information and Education, who is an 
expert copyright attorney and one of four legal advisors to the 
Register. This Office informs and helps carry out the work of the 
Register and the Copyright Office in providing authoritative 
information about the copyright law to the public and establishing 
educational programs. The Office publishes the copyright law and other 
provisions of title 17 of the U.S.C.; maintains a robust and accurate 
public website; creates and distributes a variety of circulars, 
information sheets, and newsletters, including NewsNet; responds to 
public inquiries regarding provisions of the law, explaining 
registration policies, procedures, and other copyright-related topics 
upon request; plans and executes a variety of educational activities; 
and engages in outreach with various copyright community stakeholders.
    (g) The Office of Public Records and Repositories is headed by the 
Director, who is an expert in public administration and one of the 
Register's top business advisors. This Office is responsible for 
carrying out major provisions of title 17 of the U.S.C., including 
establishing records policies; ensuring the storage and security of 
copyright deposits, both analog and digital; recording licenses and 
transfers of copyright ownership; preserving, maintaining, and 
servicing copyright related records; researching and providing 
certified and non-certified reproductions of copyright deposits; and 
maintaining the official records of the Copyright Office. Additionally, 
the Office engages regularly in discussions with leaders in the private 
and public sectors regarding issues of metadata, interoperability, data 
management, and open government.
    (h) The Office of the Chief Information Officer is headed by the 
Chief Information Officer (``CIO''), who is the Register's top advisor 
on the development and implementation of technology policy and 
infrastructure. The Office of the CIO provides strategic leadership and 
direction for necessary planning, design, development, and 
implementation of the Copyright Office's automated initiatives. The 
Office of the CIO is a liaison to the central technology office of the 
Library of Congress, which administers the Copyright Office's networks 
and communications. The CIO also supervises the Copyright Technology 
Office. The Copyright Technology Office maintains certain Copyright 
Office enterprise-wide IT systems for registration, recordation, public 
records management and access, and related public services, as well as 
certain internal and external help-desk functions.
    (i) The Chief Financial Officer (``CFO'') is a senior staff 
position that serves under the Register and oversees all fiscal, 
financial, budgetary, and procurement-related activities for the 
Copyright Office.
* * * * *
    (m) The U.S. Copyright Office makes certain documents and records 
available to the public in electronic format pursuant to 5 U.S.C. 
552(a)(2). Copyright Office records in machine-readable form cataloged 
from January 1, 1978, to the present, including information regarding 
registrations and recorded documents, are available on the Office's 
website. Frequently requested Copyright Office circulars, 
announcements, recently proposed regulations, as well as final 
regulations are also available on the Office's website. The address for 
the Office's website is www.copyright.gov.


Sec.  203.4  [Amended]

0
50. Amend Sec.  203.4 as follows:
0
a. In paragraph (c), remove ``Avenue, SE'' and add in its place 
``Avenue SE.''.
0
b. In paragraph (d), remove from the second sentence ``, Information 
and Publications Section, Information and Reference Division, Copyright 
Office, Library of Congress, Washington, DC 20559-6000,'' and add in 
its place ``at the address specified in Sec.  201.1(c)(1) of this 
chapter'', remove ``Avenue, SE,'' and add in its place ``Avenue SE.,'' 
and remove in the last sentence ``Office response'' and add in its 
place ``Office's response''.
0
c. Revise paragraphs (f) and (g).
0
d. In paragraph (i)(2), remove ``ten (10)'' and add in its place 
``10''.
    The revisions read as follows:


Sec.  203.4  Methods of operation.

* * * * *
    (f) The Office will respond to all properly marked mailed requests 
and all personally delivered written requests for records within 20 
working days of receipt by the Supervisory Copyright Information 
Specialist. If it is determined that an extension of time greater than 
10 working days is necessary to respond to a request due to unusual 
circumstances, as defined in paragraph (h) of this section, the 
Supervisory Copyright Information Specialist shall so notify the 
requester and give the requester the opportunity to:
    (1) Limit the scope of the request so that it may be processed 
within 20 working days; or

[[Page 9364]]

    (2) Arrange with the Office an alternative time frame for 
processing the request or a modified request.
    (g) If a request is denied, the written notification will include 
the basis for the denial, names of all individuals who participated in 
the determination, and procedures available to appeal the 
determination. If a requester wishes to appeal a denial of some or all 
of his or her request for information, he or she must make an appeal in 
writing within 30 calendar days of the date of the Office's denial. The 
request should be directed to the General Counsel of the United States 
Copyright Office at the address specified in Sec.  201.1(c)(1) of this 
chapter. The appeal should be clearly labeled ``Freedom of Information 
Act Appeal.'' The appeal shall include a statement explaining the basis 
for the appeal. Determinations of appeals will be set forth in writing 
and signed by the General Counsel or his or her delegate within 20 
working days. If, on appeal, the denial is upheld in whole or in part, 
the written determination will include the basis for the appeal denial 
and will also contain a notification of the provisions for judicial 
review and the names of the persons who participated in the 
determination.
* * * * *


Sec.  203.6  [Amended]

0
51. Amend Sec.  203.6 as follows:
0
a. In paragraph (a), remove ``themseleves'' from the last sentence and 
add in its place ``themselves''.
0
b. In paragraph (e):
0
i. From the first sentence, remove ``amoun t'' and add in its place 
``amount'', remove ``praticable'' and add in its place ``practicable'', 
remove ``his willingness'' and add in its place ``a willingness''.
0
ii. From the last sentence, remove ``offer him'' and add in its place 
``offer the requester'', remove ``his request'' and add in its place 
``the request'', and remove the ``his needs'' and add in its place 
``the requester's needs''.

PART 204--PRIVACY ACT: POLICIES AND PROCEDURES

0
52. The authority citation continues to read as follows:

    Authority:  17 U.S.C. 702; 5 U.S.C. 552(a).


Sec.  204.4  [Amended]

0
53. Amend Sec.  204.4 as follows:
0
a. In paragraph (a), remove ``Copyright Information Section, Copyright 
GC/I&R, P.O. Box 70400,, Washington, DC 20024'' and add in its place 
``U.S. Copyright Office, P.O. Box 70400, Washington, DC 20024-0400''.
0
b. In paragraph (b), remove ``Office'' and add in its place 
``Office's''.
0
c. In paragraph (d), remove ``Records'' and add in its place 
``records''.


Sec.  204.5  [Amended]

0
54. Amend Sec.  204.5 as follows:
0
a. In paragraph (a), remove ``Copyright Information Section, Copyright 
GC/I&R'' and add in its place ``U.S. Copyright Office'', remove 
``20024'' and add in its place ``20024-0400'', and remove the phrase 
``Avenue, SE'' and add in its place the phrase ``Avenue SE.''.
0
b. In paragraph (b), remove ``Office'' and add in its place 
``Office's''.


Sec.  204.7  [Amended]

0
55. Amend Sec.  204.7 as follows:
0
a. In paragraph (a), remove ``Copyright Information Section, Copyright 
GC/I&R'' and add in its place ``U.S. Copyright Office'', remove 
``20024'' and add in its place ``20024-0400'' and remove ``Avenue, SE'' 
and add in its place ``Avenue SE.''.
0
b. In paragraph (b), remove ``for Office response'' and add in its 
place ``for the Office's response'', remove ``section 408(d) of Pub. L. 
94-553'' and add in its place ``17 U.S.C. 408(d)'' and remove ``, the 
Office response'' and add in its place ``, the Office's response''.

0
56. Revise Sec.  204.8 to read as follows:


Sec.  204.8  Appeal of refusal to correct or amend an individual's 
record.

    (a) An individual who disagrees with a refusal of the Copyright 
Office to amend his or her record may request a review of the denial. 
The individual should submit a written appeal to the General Counsel of 
the United States Copyright Office at the address specified in Sec.  
201.1(c)(1) of this chapter. Appeals, and the envelopes containing 
them, should be plainly marked ``Privacy Act Appeal.'' Failure to so 
mark the appeal may delay the General Counsel's response. An appeal 
should contain a copy of the request for amendment or correction and a 
copy of the record alleged to be untimely, inaccurate, incomplete, or 
irrelevant.
    (b) The General Counsel will issue a written decision granting or 
denying the appeal within 30 working days after receipt of the appeal 
unless, after showing good cause, the General Counsel extends the 30-
day period. If the appeal is granted, the requested amendment or 
correction will be made promptly. If the appeal is denied, in whole or 
in part, the General Counsel's decision will set forth reasons for the 
denial. Additionally, the decision will advise the requester that he or 
she has the right to file with the Copyright Office a concise statement 
of his or her reasons for disagreeing with the refusal to amend the 
record and that such statement will be attached to the requester's 
record and included in any future disclosure of such record. If the 
requester is dissatisfied with the agency's final determination, the 
individual may bring a civil action against the Office in the 
appropriate United States district court.

PART 205--LEGAL PROCESSES

0
57. The authority citation for part 205 continues to read as follows:

    Authority:  17 U.S.C. 702.


0
58. Revise Sec.  205.1 to read as follows:


Sec.  205.1  Definitions.

    For the purpose of this part:
    Demand means an order, subpoena or any other request for documents 
or testimony for use in a legal proceeding.
    Document means any record or paper held by the Copyright Office, 
including, without limitation, official letters, deposits, 
recordations, registrations, publications, or other material submitted 
in connection with a claim for registration of a copyrighted work.
    Employee means any current or former officer or employee of the 
Copyright Office, as well as any individual subject to the 
jurisdiction, supervision, or control of the Copyright Office.
    General Counsel, unless otherwise specified, means the General 
Counsel and Associate Register of Copyrights or his or her designee.
    Legal proceeding means any pretrial, trial, and post-trial stages 
of existing or reasonably anticipated judicial or administrative 
actions, hearings, investigations, or similar proceedings before 
courts, commissions, boards or other tribunals, foreign or domestic. 
This phrase includes all phases of discovery as well as responses to 
formal or informal requests by attorneys or others involved in legal 
proceedings. This phrase also includes state court proceedings 
(including grand jury proceedings) and any other state or local 
legislative and administrative proceedings.
    Office means the Copyright Office, including any division, section, 
or operating unit within the Copyright Office.
    Official business means the authorized business of the Copyright 
Office.
    Testimony means a statement in any form, including a personal 
appearance before a court or other legal tribunal, an interview, a 
deposition, an affidavit or declaration under penalty of perjury 
pursuant to 28 U.S.C. 1746, a telephonic, televised, or videotaped 
statement or any response given during

[[Page 9365]]

discovery or similar proceeding, which response would involve more than 
the production of documents, including a declaration under 35 U.S.C. 25 
or a declaration under penalty of perjury pursuant to 28 U.S.C. 1746.
    United States means the Federal Government, its departments and 
agencies, individuals acting on behalf of the Federal Government, and 
parties to the extent they are represented by the United States.


Sec.  205.2  [Amended]

0
59. Amend Sec.  205.2 as follows:
0
a. In paragraph (a), remove ``, Copyright GC/I&R, P.O. Box 70400, 
Washington, DC 20024-0400'' and add in its place ``at the address 
specified in Sec.  201.1(c)(1) of this chapter''.
0
b. In paragraph (b), remove the comma after ``Avenue''.


Sec. Sec.  205.6 through 205.10   [Added and Reserved]

0
60. Add and reserve Sec. Sec.  205.6 through 205.10 to subpart A.


Sec.  205.11  [Amended]

0
61. Amend Sec.  205.11 in paragraph (a) by removing ``Office response'' 
from the fourth sentence and adding in its place ``the Office's 
response''.


Sec.  205.13  [Amended]

0
62. Amend Sec.  205.13 by removing ``, GC/I&R, P.O. Box 70400, 
Washington, DC 20024-0400'' and adding in its place ``at the address 
specified in Sec.  201.1(c)(1) of this chapter'' and by removing the 
comma after ``Avenue''.


Sec. Sec.  205.14 through 205.20   [Added and Reserved]

0
63. Add and reserve Sec. Sec.  205.14 through 205.20 to subpart B.


Sec.  205.22  [Amended]

0
64. Amend Sec.  205.22 as follows:
0
a. In paragraph (a) introductory text, remove ``Web site'' and add in 
its place ``website''.
0
b. In paragraph (a)(2), remove ``(e.g., 37 CFR, Chapter II; Compendium 
II, Compendium of Copyright Office Practices'' and add in its place 
``(e.g., 37 CFR, Chapter II; Compendium of U.S. Copyright Office 
Practices, Third Edition'' and remove ``Copyright General Counsel'' and 
add in its place ``General Counsel of the Copyright Office''.
0
c. In paragraph (b), remove ``Counsel, no'' and add in its place 
``Counsel of the Copyright Office, no'' and remove ``Copyright General 
Counsel'' and add in its place ``General Counsel of the Copyright 
Office''.
0
d. In paragraph (c), remove ``Copyright Office General Counsel'' and 
add in its place ``General Counsel of the Copyright Office'' and remove 
``Copyright General Counsel'' and add in its place ``General Counsel''.
0
e. In the heading to paragraph (f), remove the colon and add in its 
place a period and remove the space between the heading and paragraph 
(f)(1).


Sec.  205.23  [Amended]

0
65. Amend Sec.  205.23 as follows:
0
a. Redesignate paragraph (b)(4) as paragraph (c).
0
b. In newly redesignated paragraph (c), remove ``these limitations'' 
and add in its place ``the limitations set forth in paragraph (b) of 
this section'' and remove ``of this part''.

PART 210--COMPULSORY LICENSE FOR MAKING AND DISTRIBUTING PHYSICAL 
AND DIGITAL PHONORECORDS FOR NONDRAMATIC MUSICAL WORKS

0
66. The authority citation for part 210 continues to read as follows:

    Authority:  17 U.S.C. 115, 702.


Sec.  210.15  [Amended]

0
67. Amend Sec.  210.15 introductory text by removing the term 
``Permanently'' and adding in its place the term ``permanently''.


Sec.  210.17  [Amended]

0
68. Amend Sec.  210.17 as follows:
0
a. In paragraph (d)(3)(ix), remove ``Compact'' and add in its place 
``compact'' and remove ``Limited'' and add in its place ``limited''.
0
b. In paragraph (h), remove ``6'' from the second sentence and add in 
its place ``six''.

PART 211--MASK WORK PROTECTION

0
69. The authority citation for part 211 is revised to read as follows:

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


Sec.  211.1  [Amended]

0
70. Amend Sec.  211.1 in paragraph (a) by removing ``shall be addressed 
to: Library of Congress, Department MW, Washington, DC 20540'' and 
adding in its place ``should be sent to the address specified in Sec.  
201.1(b) of this chapter''.

0
71. Amend Sec.  211.4 by revising paragraphs (b)(1), (d) introductory 
text, and (d)(2) to read as follows:


Sec.  211.4  Registration of claims of protection in mask works.

* * * * *
    (b) * * *
    (1) For purposes of registration of mask work claims, the Register 
of Copyrights has designated ``Form MW'' to be used for all 
applications. Copies of the form are available free from the Copyright 
Office website or upon request to the Copyright Information Section, 
U.S. Copyright Office, Library of Congress, Washington, DC 20559- 6000.
* * * * *
    (d) Registration as a single work. Subject to the exception 
specified in paragraph (c)(2) of this section, for purposes of 
registration on a single application and upon payment of a single fee, 
the following shall be considered a single work:
* * * * *
    (2) In the case of a mask work that has been commercially 
exploited: All original mask work elements fixed in a semiconductor 
chip product at the time that product was first commercially exploited 
and in which the owner or owners of the mask work is or are the same.
* * * * *

0
72. Amend Sec.  211.5 as follows:
0
a. In paragraph (b) introductory text, remove ``of these regulations''.
0
b. Redesignate paragraph (b)(2) as paragraph (b)(3).
0
c. Designate the undesignated paragraph preceding newly redesignated 
paragraph (b)(3) as paragraph (b)(2).
0
d. In newly redesignated paragraph (b)(3)(i), remove the space between 
``(b)(1)'' and ``(i)''.
0
e. Revise paragraphs (c)(1) and (2).
0
f. In paragraph (d), remove ``granted.,'' and add in its place 
``granted.'' and remove ``for Registration Program, Library of 
Congress, Copyright Office--RPO, 101 Independence Avenue, SE, 
Washington, DC 20559-6200,'' and add in its place ``of Copyrights and 
Director of Registration Policy and Practice, P.O. Box 70400, 
Washington, DC 20024-0400,''.
    The revisions read as follows:


Sec.  211.5  Deposit of identifying material.

* * * * *
    (c) * * *
    (1) Mask works commercially exploited. For commercially exploited 
mask works no more than two layers of each five or more layers in the 
work. In lieu of the visually perceptible representations required 
under paragraphs (b)(1) and (2) of this section, identifying portions 
of the withheld material must be submitted. For these purposes, 
``identifying portions'' shall mean:
    (i) A printout of the mask work design data pertaining to each 
withheld layer, reproduced in microform; or
    (ii) Visually perceptible representations in accordance with

[[Page 9366]]

paragraphs (b)(1)(i), (ii), or (iii) and (b)(2) of this section with 
those portions containing sensitive information maintained under a 
claim of trade secrecy blocked out, provided that the portions 
remaining are greater than those which are blocked out.
    (2) Mask work not commercially exploited. (i) For mask works not 
commercially exploited falling under paragraph (b)(3)(i) of this 
section, any layer may be withheld. In lieu of the visually perceptible 
representations required under paragraph (b)(3) of this section, 
``identifying portions'' shall mean:
    (A) A printout of the mask work design data pertaining to each 
withheld layer, reproduced in microform, in which sensitive information 
maintained under a claim of trade secrecy has been blocked out or 
stripped; or
    (B) Visually perceptible representations in accordance with 
paragraph (b)(3)(i) of this section with those portions containing 
sensitive information maintained under a claim of trade secrecy blocked 
out, provided that the portions remaining are greater than those which 
are blocked out.
    (ii) The identifying portions shall be accompanied by a single 
photograph of the top or other visible layers of the mask work fixed in 
a semiconductor chip product in which the sensitive information 
maintained under a claim of trade secrecy has been blocked out, 
provided that the blocked out portions do not exceed the remaining 
portions.
* * * * *

PART 212--PROTECTION OF VESSEL DESIGNS

0
73. The authority citation for part 212 continues to read as follows:

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

0
74. Revise the heading of part 212 to read as set forth above.
0
75. In part 212, remove the terms ``hull'' and ``hulls'' each place 
they appear.


Sec.  212.1  [Amended]

0
76. Amend Sec.  212.1 by removing ``vessel'' and adding in its place 
``vessels''.


Sec.  212.2  [Amended]

0
77. Amend Sec.  212.2 by removing ``vessel'' and adding in its place 
``vessels''.


Sec.  212.3  [Amended]

0
78. Amend Sec.  212.3 in paragraph (h) introductory text by removing 
``6'' and adding in its place ``six''.


Sec.  212.4  [Amended]

0
79. Amend Sec.  212.4 in paragraph (a)(2) by adding ``hull'' after 
``vessel''.


Sec.  212.5  [Amended]

0
80. Amend Sec.  212.5 as follows:
0
a. In paragraphs (a) through (c), remove ``of a vessel'' and add in its 
place ``of a vessel design''.
0
b. In paragraph (d), remove ``to: Dept. D-VH, Vessel Hull Registration, 
P.O. Box 71380, Washington, DC 20024-1380'' and add in its place ``to 
the address specified in Sec.  201.1(b)(2) of this chapter''.


Sec.  212.6  [Amended]

0
81. Amend Sec.  212.6 by removing ``design protection of vessel'' and 
adding in its place ``the protection of vessel designs''.


Sec.  212.8  [Amended]

0
82. Amend Sec.  212.8 as follows:
0
a. In paragraph (c)(1)(iv), remove ``designers of the vessel'' and add 
in its place ``designers of the vessel design''.
0
b. In paragraph (c)(2), remove ``he'' and add in its place ``the'', 
remove the comma after ``Avenue'', and remove ``Web site'' and add in 
its place ``website''.

PARTS 253, 254, 255, 256, 258, 260-263, and 270--[REMOVED AND 
RESERVED]

0
83. Remove and reserve parts 253, 254, 255, 256, 258, 260, 261, 262, 
263, and 270.

    Dated: November 21, 2016.
Karyn Temple Claggett,
Acting Register of Copyrights and Director of the U.S. Copyright 
Office.

Approved by:
Carla D. Hayden,
Librarian of Congress.
[FR Doc. 2016-29625 Filed 2-3-17; 8:45 am]
 BILLING CODE 1410-30-P