[Federal Register Volume 86, Number 117 (Tuesday, June 22, 2021)]
[Rules and Regulations]
[Pages 32640-32643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-12939]


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LIBRARY OF CONGRESS

 Copyright Office

37 CFR Parts 201, 202, 203, 210, and 370

[Docket No. 2021-3]


Technical Amendments Regarding the Copyright Office's 
Organizational Structure

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

ACTION: Final rule.

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SUMMARY: This final rule makes technical changes to the U.S. Copyright 
Office's regulations pertaining to its organizational structure in 
light of the agency's recent reorganization. It reflects recent 
structural changes, updates certain of the Office's division names, and 
adds a new section for the Copyright Claims Board established by the 
Copyright Alternative in Small-Claims Enforcement Act of 2020.

DATES: Effective July 22, 2021.

FOR FURTHER INFORMATION CONTACT: Regan A. Smith, General Counsel and 
Associate Register of Copyrights, by email at [email protected], 
Kevin R. Amer, Deputy General Counsel, by email at [email protected], 
or Joanna R. Blatchly, Attorney-Advisor, by email at 
[email protected] or by telephone at (202) 707-8350.

SUPPLEMENTARY INFORMATION: The Copyright Office is publishing this 
final rule pursuant to its May 2021 reorganization. This effort is 
intended to accomplish two goals: (1) Rename divisions and realign 
certain reporting structures to improve the Office's effectiveness and 
efficiency; and (2) reflect the agency structure for the new copyright 
small-claims tribunal established by the Copyright Alternative in 
Small-Claims Enforcement (``CASE'') Act of 2020.\1\ The Register has 
determined that these changes will optimize business processes and aid 
in the administration of her functions and duties as Director of the 
Copyright Office.\2\
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    \1\ Public Law 116-260, sec. 212, 134 Stat. 1182, 2176 (2020).
    \2\ See 17 U.S.C. 701(a).
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    Operational reorganization. The reorganization reduces the number 
of direct reports to the Register of Copyrights and is expected to 
create administrative and cost efficiencies by consolidating 
operational organizations currently headed by senior-level positions. 
The reorganization brings the Office of the Chief Financial Officer 
(renamed the Financial Management Division) and the Copyright 
Modernization Office (renamed the Product Management Division) under 
the supervision of the Chief of Operations (renamed the Assistant 
Register and Director of Operations (``ARDO'')). Realigning these 
divisions under the ARDO consolidates operational support elements 
under one senior manager, in line with operational structures across 
the Library of Congress. This consolidation is expected to facilitate 
Office coordination with centralized Library services, and with similar 
functional elements of other service units. It is also expected to 
allow the Office to increase the effectiveness of communications across 
areas of operational responsibility, in alignment with strategic 
objectives.
    The reorganization renames certain organizational elements and 
senior positions for purposes of greater clarity and consistency. The 
Office of Public Records and Repositories is renamed the Office of 
Copyright Records. As noted above, the Office of the Chief of 
Operations is renamed the Office of the Director of Operations. The 
following subordinate offices are also renamed: The Copyright 
Acquisitions Division (``CAD'') is renamed Acquisitions and Deposits 
(``A&D''); the Administrative Services Office (``ASO'') is renamed the 
Administrative Services Division (``ASD''); and the Receipt Analysis 
and Control Division (``RAC'') is renamed the Materials Control and 
Analysis Division (``MCA''). The Copyright Modernization Office 
(``CMO'') is renamed the Product Management Division (``PMD'').
    Further, the Office of the Chief Financial Officer (``CFO'') is 
renamed the Financial Management Division (``FMD'') and work units 
under this division are also renamed, including by

[[Page 32641]]

renaming the Licensing Division (``LD'') the Licensing Section 
(``LS'').
    Copyright Claims Board. Second, the reorganization creates a 
reporting structure for the Copyright Claims Board (``CCB'') 
established by the CASE Act. The CCB is a voluntary, alternative forum 
to federal court to seek resolution of copyright disputes that have a 
low economic value.\3\ The CCB has the authority to hear copyright 
infringement claims, claims seeking a declaration of noninfringement, 
and misrepresentation claims under section 512(f) of title 17, as 
amended by the Digital Millennium Copyright Act.\4\ The CCB will be 
headed by three Copyright Claims Officers who ensure that claims, 
counterclaims, and defenses are properly asserted, manage CCB 
proceedings and issue rulings, request production of information and 
relevant documents, conduct hearings and conferences, facilitate 
settlements, maintain records, provide public information, and 
ultimately render determinations and award monetary relief.\5\ The CCB 
will report to the Copyright Office's General Counsel.
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    \3\ See, e.g., H.R. Rep. No. 116-252, at 18-20 (2019); S. Rep. 
No. 116-105, at 7-8 (2019). Note, the CASE Act legislative history 
cited is for H.R. 2426 and S. 1273, the CASE Act of 2019, a bill 
nearly identical to the CASE Act of 2020. See H.R. 2426, 116th Cong. 
(2019); S. 1273, 116th Cong. (2019).
    \4\ 17 U.S.C. 1504(c)(1)-(3).
    \5\ Id. at 1503(a), 1506.
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    This rule is a technical change that constitutes a change to a 
``rule[ ] of agency organization'' \6\ which does not ``alter the 
rights or interests of parties,'' but merely ``alter[s] the manner in 
which the parties present themselves or their viewpoints to the 
agency.'' \7\ Accordingly, the Office is publishing it as final without 
first issuing a notice of proposed rulemaking.
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    \6\ 5 U.S.C. 553(b)(A) (notice and comment not required for 
``interpretative rules, general statements of policy, or rules of 
agency organization, procedure, or practice''); see JEM Broad. Co. 
v. F.C.C., 22 F.3d 320, 326 (D.C. Cir. 1994) (noting that ``the 
'critical feature' of the [553(b)(A)] procedural exception `is that 
it covers agency actions that do not themselves alter the rights or 
interests of parties, although it may alter the manner in which the 
parties present themselves or their viewpoints to the agency' '') 
(citation omitted).
    \7\ JEM Broad. Co, 22 F.3d at 326.
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List of Subjects

37 CFR Part 201

    Copyright, General provisions.

37 CFR Part 202

    Claims, Copyright.

37 CFR Part 203

    Freedom of information.

37 CFR Part 210

    Copyright, Recordings.

37 CFR Part 370

    Copyright, Recordings.

Final Regulations

    For the reasons set forth in the preamble, the Copyright Office 
amends 37 CFR parts 201, 202, 203, 210, and 370 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. Amend Sec.  201.1 as follows:
0
a. In paragraph (b)(2), in the table:
0
i. Remove the entry ``Copyright Acquisitions'' and add in its place the 
entry ``Acquisitions and Deposits''.
0
ii. Revise the entry for ``Deposit Demands''.
0
iii. Remove the entry ``Licensing Division'' add in its place the entry 
``Licensing Section''.
0
b. In paragraph (c)(3), remove ``RAC'' and add in its place ``MCA''.
0
c. In paragraph (c)(5), remove ``Licensing Division'' from each place 
it appears and add in its place ``Licensing Section''.
    The additions and revision read as follows:


Sec.  201.1201   Communication with the Copyright Office.

* * * * *
    (b) * * *
    (2) * * *

------------------------------------------------------------------------
             Type of submission                          Code
------------------------------------------------------------------------
 
                                * * * * *
Acquisitions and Deposits..................  A&D
Deposit Demands............................  A&D/AD
Licensing Section..........................  LS
 
                                * * * * *
------------------------------------------------------------------------

* * * * *

0
3. Amend Sec.  201.3 as follows:
0
a. Revise the section heading.
0
b. In paragraphs (a) and (b)(3), remove ``Licensing Division'' from 
each place it appears and add in its place ``Licensing Section''.
0
c. Revise paragraph (c)(19).
0
d. In paragraph (e):
0
i. In the paragraph heading and introductory text, remove ``Licensing 
Division'' and add in its place ``Licensing Section''.
0
ii. In the table, revise the heading for the first column and entry 
(7).
    The revisions read as follows:


Sec.  201.3201   Fees for registration, recordation, and related 
services, special services, and services performed by the Licensing 
Section.

* * * * *
    (c) * * *

                        Table 1 to Paragraph (c)
------------------------------------------------------------------------
      Registration, recordation, and related services          Fees ($)
------------------------------------------------------------------------
 
                              * * * * * * *
(19) Search report prepared from official records other              200
 than Licensing Section records (per hour, 2 hour minimum).
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *
    (e) * * *

                        Table 1 to Paragraph (e)
------------------------------------------------------------------------
                 Licensing section services                    Fees ($)
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[[Page 32642]]

 
                              * * * * * * *
(7) Search report prepared from Licensing Section records            200
 (per hour, 2 hour minimum)................................
------------------------------------------------------------------------

* * * * *


Sec.  201.6   [Amended]

0
4. Amend Sec.  201.6(c)(3) by removing ``Licensing Division'' and 
adding in its place ``Licensing Section''.


Sec.  201.11   [Amended]

0
5. Amend Sec.  201.11 by removing ``Licensing Division'' from each 
place it appears and adding in its place ``Licensing Section''.


Sec.  201.12   [Amended]

0
6. Amend Sec.  201.12(a) by removing ``Licensing Division'' and adding 
in its place ``Licensing Section''.


Sec.  201.17   [Amended]

0
7. Amend Sec.  201.17 by removing ``Licensing Division'' from each 
place it appears and adding in its place ``Licensing Section''.


Sec.  201.18   [Amended]

0
8. Amend Sec.  201.18 by removing ``Licensing Division'' from each 
place it appears and adding in its place ``Licensing Section''.


Sec.  201.28   [Amended]

0
9. Amend Sec.  201.28 by removing ``Licensing Division'' from each 
place it appears and adding in its place ``Licensing Section''.


Sec.  201.29   [Amended]

0
10. Amend Sec.  201.29(e) introductory text by removing ``Licensing 
Division'' from each place it appears and adding in its place 
``Licensing Section''.

PART 202--PREREGISTRATION AND REGISTRATION OF CLAIMS TO COPYRIGHT

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

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


Sec.  202.19  [Amended]

0
12. Amend Sec.  202.19 by removing ``the Copyright Acquisitions 
Division'' from each place it appears and adding in its place 
``Acquisitions and Deposits''.


Sec.  202.22   [Amended]

0
13. Amend Sec.  202.22(d)(6)(iii) by removing ``the Copyright 
Acquisitions Division'' and adding in its place ``Acquisitions and 
Deposits''.


Sec.  202.23  [Amended]

0
14. Amend Sec.  202.23(b)(2) by removing ``Office of Public Records and 
Repositories'' and adding in its place ``Office of Copyright Records''.


Sec.  202.24   [Amended]

0
15. Amend Sec.  202.24(d)(3) by removing ``the Copyright Acquisitions 
Division'' and adding in its place ``Acquisitions and Deposits''.

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

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

    Authority:  5 U.S.C. 552.


0
17. Amend Sec.  203.3 as follows:
0
a. Revise paragraph (b).
0
b. In paragraph (c):
0
i. Remove ``also'' from the fourth sentence.
0
ii. Add a sentence at the end of the paragraph.
0
iii. Add paragraph (c)(1) and reserve paragraph (c)(2).
0
c. In paragraph (f), add a sentence at the end of the paragraph.
0
d. In paragraph (g):
0
i. Remove ``Public Records and Repositories'' and add in its place 
``Copyright Records''.
0
ii. Add a sentence before the last sentence.
0
e. Remove and reserve paragraphs (h) and (i).
    The revision and additions read as follows:


Sec.  203.3   Organization.

* * * * *
    (b) The Office of the Director of Operations is headed by the 
Assistant Register and Director of Operations (``ARDO''), who advises 
the Register on core business functions and coordinates and directs the 
day-to-day operations of the Copyright Office. This Office supervises 
human capital, finances, the administration of certain statutory 
licenses, mandatory acquisitions and deposits, product management, and 
materials control and analysis functions. It interacts with other 
senior management offices that report to the Register and frequently 
coordinates and assesses institutional projects. This Office has five 
divisions: Acquisitions and Deposits; Administrative Services; 
Financial Management; Materials Control and Analysis; and Product 
Management.
    (1) Acquisitions and Deposits (``A&D'') 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 Library of Congress (17 U.S.C. 407). It 
creates and updates records for 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.
    (2) The Administrative Services Division (``ASD'') manages human 
capital and physical space issues for the Copyright Office, and serves 
as the liaison with other components of the Library for those matters.
    (3) The Financial Management Division (``FMD'') oversees fiscal, 
financial, and budgetary activities for the Copyright Office. It 
contains the Licensing Section, which administers certain statutory 
licenses set forth in the Copyright Act. The Licensing Section 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 Licensing Section also accepts and records 
certain documents associated with the use of the mechanical statutory 
license for making and distributing phonorecords of nondramatic musical 
works (17 U.S.C. 115) and the statutory licenses for publicly 
performing sound recordings by means of digital audio transmission (17 
U.S.C. 112, 114).
    (4) The Materials Control and Analysis Division (``MCA'') processes 
incoming mail, creates initial records, and dispatches electronic and 
hardcopy materials and deposits to the appropriate service areas. It 
operates the Copyright Office's central print room and outgoing mail 
functions.

[[Page 32643]]

    (5) The Product Management Division (``PMD'') advises on business 
process integration and improvements in connection with technology 
initiatives affecting the Copyright Office. It coordinates business 
activities, including resource planning, stakeholder engagement 
activities, and project management. The PMD oversees the Office's data 
management, performance statistics, and business intelligence 
capabilities.
    (c) * * * The Office of the General Counsel also supervises the 
Copyright Claims Board (``CCB'') as it discharges its statutory 
mandate.
    (1) The CCB is a voluntary, alternative forum to Federal court for 
parties to seek resolution of copyright disputes that have a low 
economic value. The CCB is headed by three Copyright Claims Officers 
who ensure that claims are properly asserted and appropriate for 
resolution; manage proceedings; render determinations and award 
monetary relief; provide public information; certify and maintain CCB 
records, including making proceeding records publicly available; and 
other related duties.
    (2) [Reserved]
* * * * *
    (f) * * * This Office is comprised of two sections: The Public 
Information Office and the Outreach and Education section.
    (g) * * * It contains three divisions: Recordation; Records 
Management; and Records, Research and Certification. * * *
* * * * *

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

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

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


Sec.  210.6   [Amended]

0
19. Amend Sec.  210.6(g)(4)(i) by removing ``Licensing Division'' and 
adding in its place ``Licensing Section''.


Sec.  210.7  [Amended]

0
20. Amend Sec.  210.7(g)(5)(i) by removing ``Licensing Division'' and 
adding in its place ``Licensing Section''.

PART 370--NOTICE AND RECORDKEEPING REQUIREMENTS FOR STATUTORY 
LICENSES

0
21. The authority citation for part 370 continues to read as follows:

    Authority: 17 U.S.C. 112(e)(4), 114(f)(3)(A).


Sec.  370.2   [Amended]

0
22. Amend Sec.  370.2 by removing ``Licensing Division'' from each 
place it appears and adding in its place ``Licensing Section''.


Sec.  370.3   [Amended]

0
23. Amend Sec.  370.3(b) by removing ``Licensing Division'' and adding 
in its place ``Licensing Section''.


Sec.  370.4  [Amended]

0
24. Amend Sec.  370.4(c) by removing ``Licensing Division'' and adding 
in its place ``Licensing Section''.


Sec.  370.5   [Amended]

0
25. Amend Sec.  370.5 by removing ``Licensing Division'' from each 
place it appears and adding in its place ``Licensing Section''.

    Dated: June 8, 2021.
Shira Perlmutter,
Register of Copyrights and Director of the U.S. Copyright Office.

    Approved by:
Carla Hayden,
Librarian of Congress.
[FR Doc. 2021-12939 Filed 6-21-21; 8:45 am]
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