[Federal Register Volume 85, Number 68 (Wednesday, April 8, 2020)]
[Rules and Regulations]
[Pages 19666-19668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07353]
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LIBRARY OF CONGRESS
U.S. Copyright Office
37 CFR Parts 201 and 202
[Docket No. 2020-4]
Technical Amendments Regarding Electronic Submissions to the
Copyright Office
AGENCY: U.S. Copyright Office, Library of Congress.
ACTION: Final rule.
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SUMMARY: The U.S. Copyright Office is adopting technical amendments to
allow electronic submission of materials in connection with certain
Office services, and to allow the Office to respond to submitters
electronically. These amendments are intended to facilitate the
public's ability to access Office services during the COVID-19
pandemic.
DATES: Effective April 8, 2020.
FOR FURTHER INFORMATION CONTACT: Regan A. Smith, General Counsel and
Associate Register of Copyrights, by email at regans@copyright.gov;
Kevin R. Amer, Deputy General Counsel, by email at kamer@copyright.gov;
or Nicholas R. Bartelt, Attorney-Advisor, by email at
niba@copyright.gov. They can be reached by telephone at 202-707-3000.
SUPPLEMENTARY INFORMATION: In response to the COVID-19 pandemic, the
President has declared a national emergency and executive branch and
state governments have adopted guidelines recommending, among other
restrictions, that members of the public avoid discretionary travel.\1\
Consequently, users of the Copyright Office's services currently may be
limited in their ability to physically deliver materials to the U.S.
Postal Service or other carrier for shipment to the Office. In
addition, the Office has implemented an extended telework policy,
resulting in a substantially reduced number of onsite staff available
to process deliveries to and from the Office. Further, because the
Office is currently closed to the public, it cannot receive in-person
deliveries.\2\
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\1\ See Proclamation on Declaring a National Emergency
Concerning the Novel Coronavirus Disease (COVID-19) Outbreak (Mar.
13, 2020), https://www.whitehouse.gov/presidential-actions/proclamation-declaring-national-emergency-concerning-novel-coronavirus-disease-covid-19-outbreak/.
\2\ The Copyright Office continues to receive mail sent through
the postal delivery system. All mail is being redirected and stored
at a storage facility until the building resumes normal operations.
As with prior closures, such as due to a government shutdown, the
Office will process that mail upon reopening of the Library of
Congress.
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While much of the Office's services, including applications for
copyright registration submitted through the electronic Copyright
Office (``eCO'') system, are already largely digital, in some cases
users are required to submit materials through physical mailing
services. To help ensure both that members of the public can continue
to access Office services and that Office staff can respond to
inquiries in a timely manner, the Office is updating various
regulations to allow certain types of submissions and responses to be
made electronically, for example, through dedicated email addresses
that the Office is establishing. Previously, these regulations
permitted delivery only by mail or other physical means. The updates
pertain to the following Office services: (1) Submitting notices of
termination for recordation,\3\ (2) requests for removal of personally
identifiable information from the online public catalog or other public
records,\4\ (3) cancellation of completed registrations,\5\ (4) filing
of satellite carrier statements of account,\6\ (5) recordation of
certain contracts by cable systems located outside of the forty-eight
contiguous states,\7\ (6) filing of statements of account for digital
audio recording devices or media,\8\ (7) filing of a Notice of Intent
to Enforce a Restored Copyright,\9\ (8) filing of a Notice to Libraries
and Archives of Normal Commercial Exploitation or Availability at
Reasonable Price,\10\ (9) group registration of automated
databases,\11\ (10) requests for reconsideration for refusals to
register,\12\ (11) supplementary registrations for restored works, non-
photographic databases, and renewal registrations,\13\ (12)
registration of restored copyrights,\14\ (13) renewal
registrations,\15\ and (14) requests for full-term retention of
copyright deposits.\16\
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\3\ Id. at Sec. 201.1(c)(2).
\4\ 37 CFR 201.1(c)(7), 201.2(e) and (f).
\5\ Id. at Sec. Sec. 201.1(c)(3), 201.7.
\6\ Id. at Sec. 201.11.
\7\ Id. at Sec. 201.12.
\8\ Id. at Sec. 201.28.
\9\ Id. at Sec. 201.33.
\10\ Id. at Sec. 201.39.
\11\ Id. at Sec. 202.3
\12\ Id. at Sec. Sec. 201.1(c)(3), 202.5.
\13\ Id. at Sec. 202.6(e)(4).
\14\ Id. at Sec. 202.12.
\15\ Id. at Sec. 202.17.
\16\ Id. at Sec. 202.23.
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The final rule also updates several of these regulations to remove
the requirement that submissions to the Office contain a handwritten
signature. The rule instead adopts a more flexible requirement that
submissions contain ``a
[[Page 19667]]
legally binding signature, including an electronic signature as defined
in 15 U.S.C. 7006.'' The Office previously adopted a rule permitting
electronic signatures on statements of account filed with the Office
under the statutory license for secondary transmissions by cable
systems,\17\ and the same rationale is applicable here. These changes
apply to regulations governing statements of account for satellite
carriers and digital audio recording technology products, recordation
of certain cable contracts, and full-term retention requests.
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\17\ Authentication of Electronic Signatures on Electronically
Filed Statements of Account, 82 FR 22,884 (May 19, 2017).
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As new electronic submission options are implemented, the Office
will provide instructions on its website and on any relevant Office
forms. The Office also will provide electronic submission options for
other services where such delivery methods are already permitted under
existing regulations, including filing recorded documents and notices
of termination.\18\ For information about these options and other
Office operations during the COVID-19 pandemic, members of the public
should visit https://www.copyright.gov/coronavirus, which will be
updated regularly.
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\18\ For example, on March 18, 2020, the Office modified its
processes to allow for receipt of requests for special handling of
registration applications via electronic application. See U.S.
Copyright Office, Registration Special Handling Arrangements,
NewsNet No. 807 (Mar. 18, 2020), https://www.copyright.gov/newsnet/2020/807.html.
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In light of the ongoing national emergency, the Copyright Office
finds good cause to publish these amendments as a final rule effective
immediately, and without first publishing a notice of proposed
rulemaking, ``because of the demonstrable urgency of the conditions
they are designed to correct.'' \19\ Further, these updates constitute
a change to a ``rule[ ] of agency . . . procedure, or practice'' \20\
which do not ``alter the rights or interests of parties,'' but merely
``alter[s] the manner in which the parties present themselves or their
viewpoints to the agency.'' \21\
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\19\ H.R. Rep. No. 1980, 79th Cong., 2d Sess. 26 (1946). See 5
U.S.C. 553(d)(3); id. at 553(b)(3)(B) (notice and comment is not
necessary upon agency determination that it would be
``impracticable, unnecessary, or contrary to the public interest'').
\20\ 5 U.S.C. 553(b)(A).
\21\ JEM Broad. Co. v. F.C.C., 22 F.3d 320, 326 (DC Cir. 1994).
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List of Subjects
37 CFR Part 201
Cable television, Copyright, Recordings, Satellites.
37 CFR Part 202
Claims, Copyright.
For the reasons set forth in the preamble, the Copyright Office
amends 37 CFR parts 201 and 202 as follows:
PART 201--GENERAL PROVISIONS
0
1. The authority citation for part 201 continues to read as follows:
Authority: 17 U.S.C. 702.
0
2. Amend Sec. 201.1 by:
0
a. In paragraph (b)(1), adding ``, or as otherwise indicated in
instructions on the Copyright Office's website or forms provided by the
Office'' after the word ``20559-6000''.
0
b. In paragraph (c)(2), adding the words ``and submitted either
electronically in the form and manner prescribed in instructions on the
Office's website or by mail to'' after ``Notices of Termination,''.
0
c. In paragraph (c)(3), adding the words ``and submitted either
electronically in the form and manner prescribed in instructions on the
Office's website or by mail to'' after ``RAC Division,''.
0
d. In paragraph (c)(4), adding the words ``and submitted either
electronically in the form and manner prescribed in instructions on the
Office's website or by mail to'' after ``Records Research and
Certification Section,''.
0
e. In paragraph (c)(5), adding a sentence at the beginning of the
paragraph and removing the word ``Notices'' and adding in its place
``If sending by mail, notices''.
0
f. In paragraph (c)(7):
0
i. Removing ``, P.O. Box 70400, Washington, DC 20024-0400'' in the
first sentence.
0
ii. Removing the words ``should be'' in the second sentence and in
their place adding ``may be submitted either electronically in the form
and manner prescribed in instructions on the Office's website or by
mail to P.O. Box 70400, Washington, DC 20024-0400, and''.
The addition reads as follows:
Sec. 201.1 Communication with the Copyright Office.
* * * * *
(c) * * *
(5) * * * Filings or inquiries to the Licensing Division may be
submitted either electronically in the form and manner prescribed in
instructions on the Office's website or by mail. * * *
* * * * *
Sec. 201.2 [Amended]
0
3. Amend Sec. 201.2 by:
0
a. In paragraph (e)(4), removing ``mailed to the address listed'' and
in its place adding the words ``sent to the Office as prescribed''.
0
b. In paragraph (e)(5), removing the word ``mail'' and in its place
adding the word ``send'' and adding ``physical mail address or email''
before the word ``address''.
0
c. In paragraph (e)(7), removing the words ``mailed to the address
listed'' and in their place adding the words ``sent to the Office as
prescribed''.
Sec. 201.7 [Amended]
0
4. Amend Sec. 201.7 by:
0
a. In paragraph (c)(1), removing the word ``mailed'' and in its place
adding the word ``sent''.
0
b. In paragraph (c)(4), removing the word ``mailed'' and in its place
adding the word ``sent''.
Sec. 201.11 [Amended]
0
5. Amend Sec. 201.11(e)(9) introductory text by removing the words
``The handwritten signature'' and adding in their place ``A legally
binding signature, including an electronic signature as defined in 15
U.S.C. 7006,''.
Sec. 201.12 [Amended]
0
6. Amend Sec. 201.12(a)(1) by:
0
a. Removing the words ``legible photocopy or other full-size facsimile
reproduction'' and adding in their place the word ``copy''.
0
b. Removing the words ``signed by'' and adding in their place ``that
shall include a legally binding signature, including an electronic
signature as defined in 15 U.S.C. 7006, of''.
Sec. 201.28 [Amended]
0
7. Amend Sec. 201.28(e)(7) by removing the words ``the handwritten
signature'' and adding in their place ``a legally binding signature,
including an electronic signature as defined in 15 U.S.C. 7006,''.
Sec. 201.33 [Amended]
0
8. Amend Sec. 201.33(c) by removing ``and should be typed or printed
by hand legibly in dark, preferably black, ink, on 8\1/2\ by 11 inch
white paper of good quality, with at least a one inch (or three cm)
margin'' and adding in its place ``, legible, and submitted in a
letter-sized document format''.
Sec. 201.39 [Amended]
0
9. Amend Sec. 201.39(g) by removing ``at the address specified'' and
adding in its place ``in the manner prescribed''.
[[Page 19668]]
PART 202--PREREGISTRATION AND REGISTRATION OF CLAIMS TO COPYRIGHT
0
10. The authority citation for part 202 continues to read as follows:
Authority: 17 U.S.C. 408(f), 702.
0
11. Amend Sec. 202.3 by revising paragraph (b)(5)(ii)(A) to read as
follows:
Sec. 202.3 Registration of copyright.
* * * * *
(b) * * *
(5) * * *
(ii) * * *
(A) A form that best reflects the subject matter of the material in
the database as set forth in paragraph (b)(2)(ii)(A) of this section,
completed in accordance with the instructions provided by the Copyright
Office on its website or in materials published by the Office.
Applications for group registration of an automated database consisting
predominantly of photographs may be submitted electronically only after
consultation and with the permission and under the direction of the
Visual Arts Division.
* * * * *
Sec. 202.5 [Amended]
0
12. Amend Sec. 202.5 by:
0
a. In paragraph (b)(3), removing ``or'' after the word ``postmarked''
and adding a comma in its place and adding ``, or otherwise received by
the Office,'' after the word ``messenger''.
0
b. In paragraph (c)(3), removing ``or'' after the word ``postmarked''
and adding a comma in its place and adding ``, or otherwise received by
the Office,'' after the word ``messenger''.
Sec. 202.6 [Amended]
0
13. Amend Sec. 202.6(e)(4) by removing the words ``a paper'' and
adding in their place the word ``an''.
Sec. 202.12 [Amended]
0
14. Amend Sec. 202.12(c)(1) by adding ``or electronically, in
accordance with instructions for submission and payment provided on the
Office's website or Form GATT itself'' after ``by mail''.
Sec. 202.17 [Amended]
0
15. Amend Sec. 202.17(g)(1) by removing ``mailed to the address
specified'' and adding in its place ``sent in the manner prescribed''.
Sec. 202.23 [Amended]
0
16. Amend Sec. 202.23(b)(2) by:
0
a. Removing the words ``at the address specified'' and adding in their
place the words ``in the manner prescribed''.
0
b. Removing the words ``be signed by'' and adding in their place
``include a legally binding signature, including an electronic
signature as defined in 15 U.S.C. 7006, of''.
Dated: April 2, 2020.
Maria Strong,
Acting Register of Copyrights and Director of the U.S. Copyright
Office.
Carla D. Hayden,
Librarian of Congress.
[FR Doc. 2020-07353 Filed 4-7-20; 8:45 am]
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