[Federal Register Volume 81, Number 191 (Monday, October 3, 2016)]
[Proposed Rules]
[Pages 67940-67954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20495]


=======================================================================
-----------------------------------------------------------------------

LIBRARY OF CONGRESS

U.S. Copyright Office

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

[Docket No. 2016-5]


Copyright Office Technical Amendments

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

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The U.S. Copyright Office is proposing to amend 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Copyright Act and the Office's regulations, replacing outdated 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. While these amendments are intended to be 
technical in nature, out of an abundance of caution, the Office is 
publishing the proposed regulations for public comment.

DATES: Written comments must be received no later than 11:59 p.m. 
Eastern Time on November 2, 2016.

ADDRESSES: The Copyright Office is using the regulations.gov system for 
the submission and posting of public comments in this proceeding. All 
comments are therefore to be submitted electronically through 
regulations.gov. Specific instructions for submitting comments are 
available on the Copyright Office Web site at http://copyright.gov/rulemaking/2016technicalamendments/index.html. If electronic submission 
of comments is not feasible, please contact the Office using the 
contact information below for special instructions.

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

SUPPLEMENTARY INFORMATION: The U.S. Copyright Office (the ``Office'') 
is proposing to make a series of technical amendments (the proposed 
``Rule'') that address certain inconsistencies and inaccuracies in 
parts 201, 202, 203, 204,

[[Page 67941]]

205, 210, 211, 212 and subchapter B of title 37 of the Code of Federal 
Regulations. Specifically, the proposed rule makes technical changes to 
regulations governing registration, recordation, and licensing. These 
changes include the removal of expired or obsolete provisions that no 
longer serve any purpose, such as regulations issued under the now-
defunct Copyright Arbitration Royalty Panel system. It also proposes 
technical changes to the regulations for submitting requests under the 
Freedom of Information Act and the Privacy Act, the procedures for 
serving legal process on the Office, and the regulations governing the 
Office's general operations.
    While the amendments are self-explanatory, for convenience, the 
Office has summarized them in seven categories below.

I. Reorganization of the U.S. Copyright Office

    The Register of Copyrights has reorganized the administrative 
divisions of the Office in the last few years. The Register appointed a 
Chief Information Officer (``CIO'') to serve as her primary advisor on 
information technology, and a Director of the Copyright Technology 
Office, who supervises the day-to-day maintenance of the Office's 
registration and recordation systems.
    The Register also divided the former Information and Records 
Division into the Office of Public Records and Repositories (``PRR'') 
and Office of Public Information and Education (``PIE''). PRR, headed 
by an expert in public administration, includes the Recordation 
Section, the Records Management Section, and the Records Research and 
Certification Section. PIE is headed by an Associate Register of 
Copyrights and includes the Publications Section and the Copyright 
Information Section.
    The proposed rule reflects these developments by updating Sec.  
203.3 by providing titles of the Office's senior management and updated 
descriptions for each division within the Office, including the Office 
of the Register, the Office of the General Counsel, the Office of 
Policy and International Affairs, the Office of Registration Policy and 
Practice, the Office of Public Records and Repositories, the Office of 
Public Information and Education, the Office of the Chief Information 
Officer, and the Office of the Chief of Operations (which includes the 
Receipt Analysis and Control Division, the Copyright Acquisitions 
Division, and the Licensing Division). It also provides updated mailing 
addresses as set forth in 37 CFR 201.1(b)(2) and (c). Additionally, 
when referring to the Office's Web site, the proposed rule replaces the 
term ``homepage'' with the term ``Web site.''
    In the interest of consistency, the proposed rule also removes the 
initials ``U.S.'' from certain provisions that refer to the ``U.S. 
Copyright Office.'' Finally, the proposed rule clarifies that checks, 
money orders, or other fees submitted to the Office should be made 
payable to the ``U.S. Copyright Office,'' rather than the ``Register of 
Copyrights.'' See, e.g., 37 CFR 201.6, 201.33(e)(2)(i), 
201.39(g)(3)(i).

II. Compendium of U.S. Copyright Office Practices

    The Compendium of U.S. Copyright Office Practices, Third Edition, 
published in December 2014, is the administrative manual of the 
Register of Copyrights concerning the statutory duties of the Copyright 
Office under title 17 of the United States Code. It serves as both a 
technical manual for the Office's staff and a guidebook for authors, 
copyright licensees, practitioners, scholars, the courts, and members 
of the general public.\1\ The proposed rule clarifies the means for 
viewing and obtaining copies of the Third Edition, as well as prior 
editions of the Compendium, set forth in 37 CFR 201.2(b)(7).
---------------------------------------------------------------------------

    \1\ See The Compendium of U.S. Copyright Office Practices, 79 FR 
78911 (Dec. 31, 2014).
---------------------------------------------------------------------------

III. Grammatical Amendments

    The proposed rule corrects errors in spelling, capitalization, 
punctuation, spacing, and numbering, and addresses inconsistencies in 
the use of abbreviations, symbols, time periods, and italics. For 
example, the proposed rule revises 37 CFR 201.4 to reflect that 
registrations issued under the 1909 Act may contain a prefix consisting 
of one or two letters (e.g., E, EU, F, G, K, etc.) as opposed to ``a 
two- or three-letter prefix,'' and corrects the word ``or'' to ``of'' 
in the definition of ``official certification.''

IV. Updated Citations and Cross-References to the Copyright Act and the 
Code of Federal Regulations

    The proposed rule adopts the appropriate format for citing or 
cross-referencing other provisions of the Code of Federal Regulations, 
as recommended by the Federal Register Document Drafting Handbook. It 
also reserves Sec. Sec.  201.15, 205.6 through 205.10, and 205.14 
through 205.20 for future use.
    In addition, the proposed rule revises erroneous cross-references 
to the Copyright Act and the Code of Federal Regulations. By way of 
example, the proposed rule corrects a cross-reference relating to the 
deposit requirements for certain sculptural works to make clear the 
Office's practice of allowing applicants, under certain circumstances, 
to submit a single copy of a board game (rather than two copies) 
instead of a photograph, as set forth in 37 CFR 202.20(c)(2)(i)(G) and 
(c)(2)(xi)(B).

V. Updated Terminology

    The proposed rule reflects a number of changes in terminology. 
These changes replace outdated terms that are no longer used by the 
Office, but they do not represent a substantive change in policy. For 
example, the Office now uses the term ``applicant'' when referring to a 
person who submits an application for registration, and uses the term 
``remitter'' when referring to a person who submits a document for 
recordation. The proposed rule adds these terms where they are missing 
from the regulations. The proposed rule also replaces the term 
``certificate of record'' with ``certificate of recordation,'' ``Visual 
Arts Regulatory Statements'' with ``Visual Arts Registry Statements,'' 
``vessel hulls'' with ``vessel designs,'' and ``restored works'' to 
``restored copyright.'' It also removes references to information 
provided ``on the application'' for deposit accounts and the term 
``preregistration.'' Finally, the proposed rule updates the name of 
Form SC from ``Statement of Account for Secondary Transmissions by 
Satellite Carriers to Home Viewers'' in Sec.  201.11(d)(2) to 
``Statement of Account for Secondary Transmissions by Satellite 
Carriers of Distant Television Signals.''

VI. Improved Readability and Style

    Consistent with the Office's longstanding policy,\2\ the proposed 
rule replaces gender-specific references with gender-neutral 
references. The proposed rule also improves readability by renumbering 
certain provisions, by rewriting awkward phrases or paragraphs, and by 
deleting redundant provisions that repeat what is stated elsewhere in 
the same provision. For example, the Office's regulations governing 
Freedom of Information Act policies in Sec.  203.4(f) and (g) were 
rewritten without substantive change to improve readability. In all 
cases, these changes are intended to clarify the

[[Page 67942]]

existing regulations, but do not represent a substantive change in 
policy.
---------------------------------------------------------------------------

    \2\ Arthur Levine, Memories of Barbara Ringer, Copyright 
Notices, Apr. 2009, at 3, 6 (noting that Congress used male and 
female pronouns in the Copyright Act of 1976 at the request of 
Register of Copyrights Barbara Ringer), available at http://www.copyright.gov/docs/barabara-ringer-special-edition-2009-04.pdf.
---------------------------------------------------------------------------

VII. Expired or Obsolete Provisions

    The Office has identified a number of provisions that have expired 
or have become obsolete. Because these provisions no longer serve any 
purpose, the Office is removing them from its regulations.
    Effective Date of Registration for Registrations Issued in 1991. 
The Copyright Fees and Technical Amendments Act of 1989 increased the 
filing fee for registering a claim to copyright from $10 to $20.\3\ The 
proposed rule eliminates a provision in Sec.  202.4 establishing a 
procedure for assigning an effective date of registration for claims 
received between January 3, 1991 and December 31, 1991 that were 
submitted with an insufficient filing fee, as these dates have passed.
---------------------------------------------------------------------------

    \3\ Public Law 101-318, 104 Stat. 287, 287 (1990).
---------------------------------------------------------------------------

    Registration of Mask Works. The proposed rule removes language in 
Sec.  211.4(b)(1) specifying that January 7, 1985 will be the effective 
date of registration for applications to register mask works received 
before that date \4\ because any such applications have been processed 
by now.
---------------------------------------------------------------------------

    \4\ See Mask Work Protection; Implementation of the 
Semiconductor Chip Protection Act of 1984, 50 FR 263 (Jan. 3, 1985); 
Mask Work Protection; Implementation of the Semiconductor Chip 
Protection Act of 1984, 50 FR 26714 (June 28, 1985).
---------------------------------------------------------------------------

    Recordation of Statements of Intent to Enforce Filed Under the 
North American Free Trade Agreement. Because the deadline for filing a 
``Statement of Intent'' to reclaim copyright protection for certain 
motion pictures fixed or published in Canada or Mexico that fell into 
the public domain in the United States due to a lack of a copyright 
notice under NAFTA expired on December 31, 1994,\5\ and because the 
provision that authorized the Office to record these types of 
statements has been removed from the statute, the proposed rule removes 
the corresponding provision at 37 CFR 201.31 from the regulations.\6\
---------------------------------------------------------------------------

    \5\ See Public Law 103-182, 107 Stat. 2057, 2115 (codified as 17 
U.S.C. 104A (1993)); Public Law 103-465, 108 Stat. 4809, 4976-81 
(1994).
    \6\ See Procedures for Copyright Restoration of Certain Motion 
Pictures and their Contents in Accordance With the North American 
Free Trade Agreement, 59 FR 58789 (Nov. 15, 1994).
---------------------------------------------------------------------------

    Registration of Restored Works. The proposed rule removes outdated 
language in Sec.  201.31 related to a procedure for registering foreign 
works that were restored to copyright protection under section 104A of 
the Copyright Act (as amended by the URAA) \7\ and describes the 
correct procedure for registering a restored work.
---------------------------------------------------------------------------

    \7\ See Restoration of Certain Berne Works and WTO Works, 60 FR 
50414 (Sept. 29, 1995); 17 U.S.C. 104A(e).
---------------------------------------------------------------------------

    Recordation of Notices of Intent to Enforce a Restored Work Under 
the URAA. The proposed rule clarifies 37 CFR 201.33 and 201.34, which 
explain that a list of parties that filed a Notice of Intent to Enforce 
\8\ a restored work under the URAA is available on the Office's Web 
site, by removing outdated instructions for logging onto the Office's 
Web site or for obtaining access to these records through terminals 
located in the Office and reflecting reliance upon email addresses 
rather than ``telefax number[s].''
---------------------------------------------------------------------------

    \8\ 17 U.S.C. 104A(e).
---------------------------------------------------------------------------

    Recordation of Voluntary Agreements Between Copyright Owners and 
Public Broadcasters. In accordance with statutory changes that removed 
the prior section 118(b)(2) from the Copyright Act,\9\ and gave the 
Copyright Royalty Judges rather than the Register of Copyrights 
authority over the statutory license in section 118,\10\ the Office is 
removing the obsolete regulatory provision at 37 CFR 201.9 relating to 
recordation of voluntary agreements between copyright owners and public 
broadcasting entities \11\ from the regulations.
---------------------------------------------------------------------------

    \9\ Public Law 106-44, 113 Stat. 221, 222 (1999).
    \10\ Public Law 108-419, 118 Stat. 2341, 2365-67 (2004).
    \11\ See Filing of Agreements Between Copyright Owners and 
Public Broadcasting Entities, 42 FR 16776 (Mar. 30, 1977).
---------------------------------------------------------------------------

    IBM-PC Compatible Disks for Recording Documents Pertaining to 
Computer Shareware. The Office is updating its administrative procedure 
in 37 CFR 201.26(d)(4)for recording documents pertaining to computer 
shareware to no longer indicate that they be submitted on both paper 
and diskette; they will now be accepted without a diskette. The Office 
has recorded less than two dozen shareware documents since the final 
rule was adopted.
    Copyright Arbitration Royalty Panel Rules and Procedures. 
Subchapter B contains various regulations relating to the former 
Copyright Arbitration Royalty Panel or ``CARP,'' including legacy 
royalty rates for past accounting periods, which certain regulations 
were phased out by the Copyright Royalty and Distribution Reform Act of 
2004.\12\ The successor entity to the CARP, the Copyright Royalty 
Board, has issued its own set of rules and procedures.\13\ Accordingly, 
the Office is removing obsolete CARP regulations, while retaining parts 
254 and 256 which contain information related to coin-operated 
phonorecord players and the cable compulsory license, respectively. 
However, the Office notes that these legacy rates and regulations will 
remain accessible via past editions of the Code of Federal Regulations 
for any who may have need to consult them. In addition, legacy 
regulations are available on the Government Publishing Office's Federal 
Digital System (``FDsys'') at www.gpo.gov/fdsys.
---------------------------------------------------------------------------

    \12\ See Public Law 108-419, 118 Stat. 2341 (2004).
    \13\ See 37 CFR ch. III.
---------------------------------------------------------------------------

    Statements of Account covering compulsory licenses for secondary 
transmissions by cable systems. The Office is removing the portions of 
Sec.  201.17(i) that relate to filings covering the accounting periods 
in 1983 that were affected by the 1982 cable rate adjustment,\14\ as 
the Office does not expect to receive any additional filings covering 
these accounting periods. Similarly, the Office is removing Sec.  
201.17(m)(2)(iii), which applies only to statements for the 1978-1 
accounting period, along with certain other references to pre-1978 
activities in 201.17(e) and (f).
---------------------------------------------------------------------------

    \14\ See Adjustment of the Royalty Rate for Cable Systems; 
Federal Communications Commission's Deregulation of the Cable 
Industry, 47 FR 52146 (Nov. 19, 1982).
---------------------------------------------------------------------------

    Verification of a Statement of Account for secondary transmissions 
made by cable systems and satellite carriers. Effective November 18, 
2014, the Office implemented Sec.  201.16, which sets forth procedures 
by which a copyright owner may audit a statement of account filed with 
the Office under 17 U.S.C. 111(d)(1) or 119(b)(1).\15\ This regulation 
includes a provision outlining a procedure in the event the Office 
received a notice of intent to audit a statement of account prior to 
the effective date of the section. See 37 CFR 201.16(c)(7). Because the 
Office did not in fact receive any notice of intent to audit prior to 
the effective date of the section, that provision is now obsolete and 
may be removed.
---------------------------------------------------------------------------

    \15\ See Verification of Statements of Account Submitted by 
Cable Operators and Satellite Carriers, 79 FR 68623 (Nov. 18, 2014).
---------------------------------------------------------------------------

    Statements of Account for digital audio recording devices or media. 
Section 201.28(c)(3) includes provisions that solely concern Statements 
of Account filed for the period covering October 28, 1992 through the 
end of the first accounting year for importers/manufacturers of digital 
audio recording devices. Because the Office does not expect to receive 
any additional filings covering this accounting period, the Office is 
removing this language.

[[Page 67943]]

    Forms on Copyright Office Web site. The proposed rule updates Sec.  
201.28 to reflect that forms relating to various statutory licenses are 
available on the Copyright Office Web site and removes references 
addressing requests by mail or facsimile.
    Telegrams and Cablegrams. The existing regulations in Sec. Sec.  
201.13 and 201.22 allow copyright owners to serve certain types of 
notices required under sections 110(4)(B)(iii) \16\ and 411(c) \17\ by 
telegram or cablegram. The proposed rule updates these regulations to 
remove references to these obsolete forms of communication and instead 
allow for service of notices by email or fax.
---------------------------------------------------------------------------

    \16\ 17 U.S.C. 110(4)(B)(ii) and (iii).
    \17\ 17 U.S.C. 411(c)(1).
---------------------------------------------------------------------------

    Inspection of U.S. Copyright Office Records. The proposed rule 
removes Sec.  201.2(b)(4)'s requirement that requests to inspect a 
pending application, deposit for a pending application,\18\ or a 
document submitted for recordation\19\ be limited to materials 
submitted within twelve months prior to the request, given that the 
processing time for a paper application may be longer than that in some 
cases.
---------------------------------------------------------------------------

    \18\ 37 CFR 201.2(b)(4)(i).
    \19\ See Office Organization and Procedures in Providing 
Information, 50 FR 30169 (July 24, 1985).
---------------------------------------------------------------------------

    Refunds. The proposed rule removes the reference to postage stamps 
in 37 CFR 201.6(c)(1) because in practice, the Office has never used 
this method of payment in issuing refunds.

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 255

    Copyright, Music, Recordings.

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.

Proposed Regulations

    For the reasons set forth in the preamble, the U.S. Copyright 
Office proposes amending 37 CFR parts 201, 202, 203, 204, 205, 210, 
211, 212, 253, 255, 258, 260, 261, 262, 263, and 270 as follows:

PART 201--GENERAL PROVISIONS

0
1. Revise the authority citation for part 201 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''.
0
b. In paragraph (b)(2), remove ``20559'' and add in its place ``20559-
6000'', 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 (c)(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 the introductory text of paragraph (b)(4) as paragraph 
(b)(4)(i), redesignate paragraphs (b)(4)(i) and (ii) as paragraphs 
(b)(4)(i)(A) and (B), and designate the undesignated text preceding 
paragraph (b)(5) as paragraph (b)(4)(ii).
0
e. In newly redesignated paragraph (b)(4)(i), 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 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 Web site. 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.

[[Page 67944]]

0
f. In table heading of paragraph (e), remove ``division'' and add in 
its place ``Division''.


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 Public Law 94-553''.
0
b. In paragraph (a)(2), remove ``, as amended by Public Law 94-553''.
0
c. In paragraph (a)(3)(ii), remove ``or'' and add in its place ``of''.
0
d. 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
e. In paragraph (c)(4)(iii), add a period after ``Public Catalog'' and 
remove ``and the remitter'' and add in its place ``The remitter''.
0
f. 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 Public Law 94-553''.
0
b. In paragraph (b)(2)(i), remove the semicolon from the end and add in 
its place a period.
0
c. In paragraph (b)(2)(iii)(B), remove ``; and'' and add in its place a 
period.


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 paragraph 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)(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
i. 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
j. 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, section 304(c), or section 304(d)''.
0
k. In paragraph (d)(1), remove ``first-class'' and add in its place 
``first class''.
0
l. In paragraph (d)(3), remove ``reasonable investigation'' and add in 
its place ``reasonable investigation'' and remove '' ``reasonable 
investigation'' '' and add in its place ``reasonable investigation''.
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)''.


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 Public Law 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 Public Law 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 Web 
site''.
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.''.

[[Page 67945]]

Sec.  201.12  [Amended]

0
13. Amend Sec.  201.12 as follows:
0
a. In paragraph (a), remove ``section 111(e)(2) of title 17 of the 
United States Code as amended by Public Law 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), remove ``section 110(4) of title 17 of the United 
States Code as amended by Public Law 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 ``said paragraph (e)'' and add in its place 
``paragraph (e) of this section''.
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 Public Law 94-
553''.
0
b. In paragraph (c)(2), remove ``8'' and add in its place ``eight''.


Sec.  201.15  [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 Public Law 94-553, Public Law 103-
369, and Public Law 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 Web site''.
0
i. In paragraph (e)(5)(iii), add a period to the end of the sentence.
0
j. Revise 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 ``incomplete;'' and add in its place 
``incomplete; or''.
0
q. In paragraph (m)(2)(ii), remove ``low; or'' and add in its place 
``low.''.
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. Remove paragraph (m)(4)(iii)(C).
0
u. In paragraph (m)(4)(iv)(A), remove the phrase ``(except those filed 
under paragraph (m)(2)(iii) of this section)''.
0
v. 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:
    (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

[[Page 67946]]

nonspecialty independent stations (47 CFR 76.59(b), 76.61 (b) and (c), 
and 76.63, referring to 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'', and in paragraphs (a)(4)(i) and (ii), remove ``that 
that'' and add in its place ``that'' each place it appears.
0
c. In paragraph (a)(5), remove the phrase ``copyright owner,'' and add 
in its place the phrase '' ``copyright owner,'' ''.
0
d. 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
e. In paragraph (f)(3), remove the phrase ``filed by being'' from the 
fourth sentence.
0
f. 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), 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(b)(3) by removing 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 Web 
site'', 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 the 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 ``Web 
site''.
0
b. In paragraph (b)(2)(iii), remove the phrase ``the new'' each place 
it appears.
0
c. In paragraph (b)(3)(iii)(A), remove ``United States'' and add in its 
place ``U.S.''.
0
d. In paragraph (d)(3)(ii)(G), remove ``Telefax number'' and add in its 
place ``Email address''.
0
e. In paragraph (e)(2)(i), remove ``Register of Copyrights'' and add in 
its place ``U.S. Copyright Office''.
0
f. In paragraph (e)(2)(ii), remove ``U.S.'' from each place it appears 
in the paragraph heading and the paragraph body, and remove ``Sec.  
201.1'' from the last sentence and add in its place ``Sec.  201.1(b)''.
0
g. 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
h. Revise paragraph (f).
    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 Web site, 
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.
* * * * *


Appendix A   to Sec.  201.33 [Amended]

0
29. Amend Appendix A to Sec.  201.33 by removing ``Telefax'' from item 
13 and adding in its place ``Fax''.
0
30. 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 ``Fee--'' in the 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
31. Amend Sec.  201.38 in paragraph (e) by removing ``Sec.  201.1'' 
from the first sentence and adding in its place ``Sec.  201.1(c)(3)'' 
and by removing the sentence ``If mailed, the Interim Designation 
should be addressed to: Copyright GC/I&R, PO Box 70400, Washington, DC 
20024.''.

[[Page 67947]]

Sec.  201.39  [Amended]

0
32. Amend Sec.  201.39 as follows:
0
a. In paragraph (g)(1), italicize the paragraph heading ``Method of 
filing.''.
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 paragraph heading and the paragraph body and remove ``Sec.  
201.1'' and add in its place ``Sec.  201.1(b)''.

PART 202--PREREGISTRATION AND REGISTRATION OF CLAIMS TO COPYRIGHT

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

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


Sec.  202.2  [Amended]

0
34. 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 
text preceding paragraph (b)(7) as (b)(6)(ii).
0
d. In newly redesignated paragraph (b)(6)(i)(C), remove ``Provided, 
however, That'' and add in its place ``Provided, however, that'' and 
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''.


Sec.  202.3  [Amended]

0
35. Amend Sec.  202.3 as follows:
0
a. In paragraph (a)(1), remove the phrase ``, as amended by Public Law 
94-553''.
0
b. In paragraph (b)(1)(v), italicize the paragraph heading ``Class SE: 
Serials.''.
0
c. In paragraph (b)(2)(i)(A), remove '' [www.copyright.gov]'' and add 
in its place ``(www.copyright.gov)''.
0
d. In paragraph (b)(2)(i)(D), remove the phrase ``a remitter'' and add 
in its place the phrase ``an applicant''.
0
e. 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
f. In paragraph (b)(2)(ii)(D), remove '' [www.copyright.gov]'' and add 
in its place ``(www.copyright.gov)''.
0
g. 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
h. In paragraph (b)(8)(i), remove the phrase ``, as amended by Public 
Law 94-553''.


Sec.  202.4  [Removed and reserved]

0
36. Remove and reserve Sec.  202.4.


Sec.  202.5  [Amended]

0
37. 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
38. 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 paragraph heading and the paragraph body.
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''.
0
h. In newly redesignated paragraph (c)(3)(i), 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 Web site 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
39. 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 
``Copyright Office deposit account.''
0
d. In paragraph (c)(5)(ii)(B), italicize the paragraph heading ``Credit 
cards, debit cards and electronic funds transfer.''
0
e. In paragraph (c)(5)(ii)(C), italicize the paragraph heading ``No 
refunds.''
0
f. Revise paragraph (c)(6)(i) and paragraphs (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 Web site at: http://www.copyright.gov.
* * * * *
    (6) * * *

[[Page 67948]]

    (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 Web 
site at: http://www.copyright.gov.
* * * * *


Sec.  202.17  [Amended]

0
40. 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.gov'' from the second sentence and add in its 
place ``Copyright Office Web site 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
41. Amend Sec.  202.19 as follows:
0
a. In paragraph (a), remove ``, as amended by Public Law 94-553'' and 
remove ``of these regulations''.
0
b. Revise 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), and (d)(2)(iv), 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) * * *

[[Page 67949]]

    (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
42. Amend Sec.  202.20 as follows:
0
a. In paragraph (a), remove ``, as amended by Public Law 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 (c)(2)(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 footnote 6 after the first 
sentence, and designate the undesignated text after paragraph 
(c)(2)(xviii)(A)(4) as the text to footnote 6 with a superscript ``6'' 
preceding the text.
0
p. In paragraph (c)(2)(xviii)(B), remove the phrase ``of these 
regulations'' and add footnote 7 after the second sentence. Designate 
the undesignated text after paragraph (c)(2)(xviii)(B)(4) as the text 
to footnote 7 with a superscript ``7'' preceding the text.
0
q. In paragraphs (d)(1)(iv) and (d)(3), remove ``of these regulations'' 
each place it appears.
0
r. In paragraph (d)(3), 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 acceptable 
formats on the Copyright Office Web site.
    (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
43. 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), 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
44. Amend Sec.  202.22 in paragraph (f)(1)(i) by removing the phrase 
``not later than'' and adding in its place the phrase ``no later 
than''.


Sec.  202.23  [Amended]

0
45. 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,'' 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
46. Amend Sec.  202.24 as follows:
0
a. In paragraphs (a)(1), (c)(1), and (c)(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
47 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:''.

[[Page 67950]]

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
48. 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
49. 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
50. Amend Sec.  203.3 as follows:
0
a. Revise paragraphs (a) through (d).
0
b. Redesignate paragraphs (e) through (g) as paragraphs (i) through 
(k), respectively.
0
c. Add new paragraphs (e) through (g).
0
d. Revise paragraph (h).
0
e. In newly redesignated paragraph (j), remove ``Avenue, SE, 
Washington, DC'' and add in its place ``Avenue SE., Washington, DC''.
0
f. Add paragraph (l).
    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 financial controls, 
budget, human capital, statutory royalty investments, mandatory 
deposits and acquisitions, contracts, 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 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 Web site; creates and distributes a variety of circulars, 
information sheets, and newsletters, including NewsNet; responds to 
public

[[Page 67951]]

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.
* * * * *
    (l) 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 Web 
site. Frequently requested Copyright Office circulars, announcements, 
recently proposed regulations, as well as final regulations are also 
available on the Office's Web site. The address for the Office's Web 
site is www.copyright.gov.


Sec.  203.4  [Amended]

0
51. 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
    (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
52. 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
1. Form 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
2. 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
53. 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
54. 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
55. 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
56. 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

[[Page 67952]]

``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 Public 
Law 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
57. 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
58. The authority citation for part 205 continues to read as follows:

    Authority: 17 U.S.C. 702.

0
59. 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 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
60. 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  [Reserved]

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


Sec.  205.11  [Amended]

0
62. 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
63. 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  [Reserved]

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


Sec.  205.22  [Amended]

0
65. Amend Sec.  205.22 as follows:
0
a. 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
b. 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
c. 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
d. In paragraph (f), remove the colon from the end of the paragraph 
heading, add in its place a period, and wrap up the next paragraph 
(f)(1).


Sec.  205.23  [Amended]

0
66. 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''.

[[Page 67953]]

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

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

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


Sec.  210.15  [Amended]

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


Sec.  210.17  [Amended]

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

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


Sec.  211.1  [Amended]

0
71. 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
73. Amend Sec.  211.4 by revising paragraph (b)(1), the introductory 
text of paragraph (d), and paragraph (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 Web site 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
74. Amend Sec.  211.5 as follows:
0
a. In paragraph (b), remove ``of these regulations'' and in paragraph 
(b)(2)(i), remove the space between ``(b)(1)'' and ``(i)''.
0
b. Revise paragraphs (c)(1) and (2).
0
c. 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,''.


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 paragraph (b)(1) 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 
paragraph (b)(1)(i), (ii), or (iii) 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)(2)(i) of this 
section, any layer may be withheld. In lieu of the visually perceptible 
representations required under paragraph (b)(2) 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)(2)(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
75. The authority citation for part 212 continues to read as follows:

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

0
76. Revise the part heading as set forth above.
0
77. In part 212 remove the terms ``hull'' and ``hulls'' each place they 
appear.


Sec.  212.1  [Amended]

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


Sec.  212.2  [Amended]

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


Sec.  212.3  [Amended]

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


Sec.  212.4  [Amended]

0
81. In paragraph (a)(2), add ``hull'' after ``vessel''.


Sec.  212.5  [Amended]

0
82. 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
83. 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
84. 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''.

[[Page 67954]]

0
b. In paragraph (c)(2), remove ``he'' and add in its place ``the'' and 
remove the comma after ``Avenue''.

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

0
85. Remove and reserve parts 253, 255, 258, 260, 261, 262, 263, and 
270.

    Dated: August 23, 2016.
Sarang V. Damle,
General Counsel and Associate Register of Copyrights, U.S. Copyright 
Office.
[FR Doc. 2016-20495 Filed 9-30-16; 8:45 am]
 BILLING CODE 1410-30-P