Copyright Office Fees
| Published date | 21 June 2019 |
| Citation | 84 FR 29135 |
| Record Number | 2019-12976 |
| Section | Proposed rules |
| Court | Copyright Office,Library Of Congress |
Federal Register, Volume 84 Issue 120 (Friday, June 21, 2019)
[Federal Register Volume 84, Number 120 (Friday, June 21, 2019)]
[Proposed Rules]
[Pages 29135-29138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12976]
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LIBRARY OF CONGRESS
Copyright Office
37 CFR Part 201
[Docket No. 2018-4]
Copyright Office Fees
AGENCY: U.S. Copyright Office, Library of Congress.
ACTION: Supplemental notice of proposed rulemaking.
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SUMMARY: As part of its ongoing fee study, the Copyright Office
proposes limited revisions to its previously proposed fee schedule
relating to document recordation and new prospective group registration
options. The proposed modifications would adjust the fee structure for
document recordation from a fee formula based on the number of titles
to a formula based on the number of works and alternate titles and
registration numbers to which a document pertains, and make certain
other clarifications. The Office is also noticing its intention to
issue fees for its previously-proposed group registration options for
short online literary works and for works contained on an album of
music. The Office is providing an opportunity to the public to comment
on these specific proposed changes before the Office's fee schedule is
submitted to Congress.
DATES: Written comments must be received no later than 11:59 p.m.
Eastern Time on July 22, 2019.
ADDRESSES: For reasons of government efficiency, 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's website
at https://www.copyright.gov/rulemaking/feestudy2018/. If electronic
submission of comments is not feasible due to lack of access to a
computer and/or the internet, please contact the Office using the
contact information below for special instructions.
[[Page 29136]]
FOR FURTHER INFORMATION CONTACT: Regan A. Smith, General Counsel and
Associate Register of Copyrights, by email at [email protected], or
Jalyce Mangum, Attorney-Advisor, by email at [email protected], or by
telephone at 202-707-8350.
SUPPLEMENTARY INFORMATION:
I. Fees Pertaining to Document Recordation
On May 24, 2018, the Copyright Office issued a notice of proposed
rulemaking proposing a new fee schedule for Copyright Office services
(the ``2018 NPRM'').\1\ Included in the proposal were revised fees for
recording documents with the Office, including transfers of copyright
ownership and notices of termination.\2\ As mentioned in that notice,
the Copyright Office is developing a new electronic system through
which the public will be able to submit documents for recordation
online.\3\ The Office is also in the process of generally modernizing
its recordation rules and practices.\4\ In evaluating the Office's
current recordation practices, the Office has now tentatively concluded
that it should adjust the structure of its fees as detailed in the 2018
NPRM. Specifically, the Office proposes to switch from a fee formula
based on the number of titles to a fee formula based on the number of
works, which are identified by one title and/or registration number,
and the number of alternate identifiers (alternate titles and
registration numbers) to which a document pertains.
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\1\ Copyright Office Fees, 83 FR 24054 (May 24, 2018). 163
comments were filed in response to the 2018 NPRM, and the Office's
careful consideration of those comments will be reflected in its
forthcoming study submitted to Congress pursuant to 17 U.S.C.
701(b), as well as any eventual adjustment instituted to the fee
schedule. The focus of this supplemental NPRM, however, is on
additional, targeted changes to the fee schedule, and the Office is
not currently seeking additional comment on those proposed changes
previously noticed in 2018.
\2\ Id. at 24061.
\3\ Id.
\4\ See Modernizing Copyright Recordation, 82 FR 52213 (Nov. 13,
2017); Modernizing Copyright Recordation, 82 FR 22771 (May 18,
2017).
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The fee proposed in the 2018 NPRM, like the current recordation
filing fee, is comprised of (1) a base fee that includes one title, and
(2) a ``titles fee'' for any additional titles beyond the first
(sometimes called ``alternate titles'').\5\ Under this structure, the
Office calculates the appropriate filing fee by counting the total
number of title names for works to which the document pertains. For
example, a single work for which four different names are provided
would have a title count of four for fee purposes (e.g., ``Harold &
Kumar 2,'' also known as ``Harold and Kumar 2,'' also known as
``Untitled Harold and Kumar sequel,'' also known as ``Harold & Kumar go
to Amsterdam'' \6\). If Copyright Office registration numbers are also
provided for works identified in a document (whether through an
electronic title list or otherwise), the titles fee is the same, even
though it costs the Office more to process the document because of the
extra work involved for staff to manually index those numbers when no
electronic title list is provided.\7\ Thus, the current titles fee does
not recognize the added benefit remitters receive by providing
registration numbers in addition to title names.\8\ Similarly, no
title-related fee is collected where a document only identifies the
works to which it pertains by using registration numbers, even though
the remitter of a document indexed by registration numbers may benefit
from the same constructive notice as a remitter recording a document
that identifies works by their titles.
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\5\ 83 FR at 24061; 37 CFR 201.3(c)(18).
\6\ See Document Number V3548D204 (2007).
\7\ An electronic title list is a list of certain indexing
information about the works to which a document pertains, such as
their titles, types, registration numbers, and authorship
information.
\8\ Cf. Fees for Electronic Recordation and Notices of Intention
To Obtain a Compulsory License, 82 FR 52221, 52222-23 (Nov. 13,
2017) (``Under this scheme, larger filers submitting documents with
a larger number of titles pay a higher fee for the added benefit
they receive (when the fee is viewed on a per-title basis) to offset
the lower total fee for smaller filers with fewer titles.'').
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The Office now proposes to retain the group and tier structures
previously proposed, but to base them on the number of works, which are
identified by one title and/or registration number, and alternate
identifiers (alternate titles and registration numbers) related to a
document, rather than the number of titles. Under this structure, the
first title and/or first registration number provided for a particular
work constitutes a work. In other words, if a remitter describes a work
using (i) only a single title name, (ii) only a single registration
number, or (iii) both one title name and one registration number, then
each description would count as one ``work'' for fee purposes.\9\ In
particular, this change is intended to encourage remitters to include a
registration number that matches to a title, by clarifying that it will
be indexed and at no additional cost. Where a work is identified by
multiple title names or multiple registration numbers, every additional
title name and additional registration number provided beyond the first
would count as an alternate identifier. Thus, if a remitter describes a
work using one title name, one registration number, and three
additional title names, then the fee would be equal to the base fee
plus the fee for three alternate identifiers.\10\
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\9\ For example, a recorded work would be calculated as a single
fee regardless of whether it was identified as ``Harold and Kumar
2,'' ``PAu003086781,'' or ``Harold and Kumar 2; PAu003086781.''
\10\ For example, if a document that pertains to one work
(``Harold & Kumar 2''), and contains one primary title (``Harold &
Kumar 2''), one corresponding registration number
(``PAu003086781''), and three alternate titles (``Harold and Kumar
2,'' ``Untitled Harold and Kumar sequel,'' and ``Harold & Kumar go
to Amsterdam''), the fee would be equal to the base fee plus the fee
for three alternate identifiers.
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By adjusting the fee structure, the Office hopes to encourage the
recordation of alternative titles that a remitter submits for the
record, and, if applicable, any additional registration numbers that
may pertain to the same work. As a rule, the Office issues only one
basic registration for a work. However, there are exceptions that
permit multiple registrations numbers for one work. For example, if a
work was previously registered as an unpublished work, the Office will
issue an additional registration for the first published edition of
that work, even if the published version ``is substantially the same as
the unpublished version.'' \11\ Additionally, where someone other than
the author is identified as copyright claimant in a registration, the
Office will issue an additional registration for the same work to the
author or joint author who seeks to name him or herself as the
claimant.\12\ A remitter may also have multiple registration numbers
that pertain to renewal and supplementary registrations.
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\11\ 17 U.S.C. 408(e) (``Registration for the first published
edition of a work previously registered in unpublished form may be
made even though the work as published is substantially the same as
the unpublished version.''); 37 CFR 202.3(b)(11)(i).
\12\ 37 CFR 202.3(b)(11)(ii) & n.2. This policy aligns ``with
the fundamental thrust of the [Copyright Act of 1976] in identifying
copyright, and the origin of all rights comprised in a copyright,
with the author.'' Applications for Registration of Claim to
Copyright Under Revised Copyright Act, 42 FR 48944, 48946 (Sept. 26,
1977).
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This change is expected to better equalize the fee structure for
document recordation without significantly altering the fees that most
remitters pay. In practice, the number of remitters that submit
documents for recordation with multiple registration numbers for each
work or documents that only contain registration numbers without any
titles is relatively small, meaning that this proposed fee change
should not impact most filers.\13\ Finally, the differences between
this proposed fee schedule and
[[Page 29137]]
the proposal set forth in the 2018 NPRM relate to the description of
the base fee and of ``additional works and alternative identifiers'';
the actual proposed monetary amounts remain the same.
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\13\ The current fee structure already charges remitters for
providing additional titles for a work.
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The following examples illustrate the fee calculation under the
proposed structure:
If a document pertains to 20 works, and contains one title
for each work, the fee would be equal to the base fee plus the fee for
19 additional works.
If a document pertains to 20 works, and contains one
registration number for each work, the fee would be equal to the base
fee plus the fee for 19 additional works.
If a document pertains to 20 works, and contains one title
and one registration number for each work, the fee would still be equal
to the base fee plus the fee for 19 additional works.
If a document pertains to 20 works, and contains 20
primary titles, 20 corresponding registration numbers, and 10 alternate
titles, the fee would be equal to the base fee plus the fee for 19
additional works and 10 alternate identifiers.\14\
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\14\ For example, if a document that pertains to three works
(``Harold and Kumar,'' ``Harold and Kumar 2,'' and ``Harold and
Kumar 3''), and contains three primary titles, three corresponding
registration numbers, and nine alternate titles, the fee would be
equal to the base fee plus the fee for two works and nine alternate
identifiers.
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If a document pertains to 20 works, and contains 20
primary titles, 20 corresponding registration numbers, 10 alternate
titles, and 10 additional registration numbers, the fee would be equal
to the base fee plus the fee for 19 additional works and 20 alternate
identifiers.\15\
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\15\ For example, if a document that pertains to three works
(``Harold and Kumar,'' ``Harold and Kumar 2,'' and ``Harold and
Kumar 3''), and contains three primary titles, three corresponding
registration numbers, nine alternate titles, and three alternate
registration numbers for the unpublished versions of the works (a
rare occurrence for motion pictures, but used to illustrate the
structure), the fee would be equal to the base fee plus the fee for
two works and 12 alternate identifiers.
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The Office recognizes the general benefit to the public in having a
more robust records catalog that includes more registration numbers for
recorded documents, and does not wish for any new fees to overburden
remitters and deter them from providing registration numbers. At the
same time, the Office seeks to better recoup its costs and believes
that those costs should be more equitably allocated among remitters
based on the size of their filing. The Office is thus considering
making changes to the fee schedule for recordation and related services
to appear at 37 CFR 201.3(c):
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Current fees Proposed fees
Recordation and related services ($) ($)
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(1) Recordation of a document, including .............. ..............
a notice of termination and a notice of
intention to enforce a restored
copyright:.............................
(i) Base fee (includes 1 work .............. ..............
identified by 1 title and/or
registration number):..............
Paper........................... 105 125
Electronic...................... New fee 95
(ii) Additional transfer (per 105 95
transfer) (for documents recorded
under 17 U.S.C. 205)...............
(iii) Additional works and alternate .............. ..............
identifiers:.......................
Paper (per group of 10 or fewer 35 60
additional works and alternate
identifiers)...................
Electronic:
1 to 50 additional works and 60 60
alternate identifiers......
51 to 500 additional works 225 225
and alternate identifiers..
501 to 1,000 additional 390 390
works and alternate
identifiers................
1,001 to 10,000 additional 555 555
works and alternate
identifiers................
10,001 or more additional 5,500 5,500
works and alternate
identifiers................
(iv) Correction of online Public 7 7
Catalog data due to erroneous
electronic title submission (per
work or alternate identifier)......
(2) To calculate the fee specified by .............. ..............
paragraph (1), for each work identified
in a document: (a) The first title and/
or first registration number provided
for that particular work constitutes a
work; and (b) each additional title and
registration number provided for that
particular work beyond the first
constitutes an alternate identifier....
(3) Special handling surcharge for 550 700
recordation of documents...............
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Additionally, the Office further proposes to extend to notices of
termination the previously proposed reduced fees for electronic
submission. It was a technical oversight not to include that proposal
in the 2018 NPRM. Although electronic title lists may not currently be
submitted with notices of termination, remitters will eventually be
able to submit notices through the Office's electronic recordation
system, and authors seeking to record their notices of termination
should get the same discount for electronic filing offered to remitters
of other types of recordable documents.\16\
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\16\ The Office did not include in the 2018 NPRM the existing
fee for correcting data in the public catalog that is incorrect due
to erroneous information contained in an electronic title list. That
was also a technical oversight, and that fee has now been added to
the proposed fee schedule without change.
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II. Fees Pertaining to New Group Registration Options
The Office proposes fees for new group registration options that
have recently been or will soon be established through rulemakings. The
Office has recently proposed new group registration options for short
online literary works \17\ and for musical works, sound recordings, and
certain other works contained on an album of music.\18\ Under the
proposed rules, applicants will be required to submit their claims
through the electronic registration system, and they will be required
to use the Standard Application. For these options, the Office proposes
a filing fee equal to the fee that currently applies to any claim
submitted on the Standard Application. In the 2018 NPRM, the Office
proposed to increase this fee from $55 to $75.\19\ If that proposal is
adopted, the new fee will apply to any claim submitted on the Standard
Application, including claims submitted under these new group
registration options. Although these proposed group registration
options will follow the Standard Application procedures, to avoid
confusion, the Office proposes enumerating these new group options
[[Page 29138]]
separately on its fee schedule and is now noticing them for public
comment. Currently, the Office does not have the ability to charge
differential prices when claims in multiple works are submitted on the
Standard Application. However, the Office will consider different
pricing models for such claims as it begins to develop the technical
and legal requirements for its next-generation registration system.\20\
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\17\ Group Registration of Short Online Literary Works, 83 FR
65612 (Dec. 21, 2018).
\18\ 84 FR 22762 (May 20, 2019).
\19\ 83 FR 24054, 24057 (May 24, 2018).
\20\ See Registration Modernization, 83 FR 52336, 52339 (Oct.
17, 2018).
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As such, the Office is considering a new fee for new group
registration options for short online literary works and for musical
works, sound recordings, and certain other works contained on an album
to appear at 37 CFR 201.3(c):
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Proposed fees
Group registrations Current fees ($) ($)
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* * * * * * *
(10) Group registration of short New Fee............. 75
online literary works.
(11) Group registration of musical New Fee............. 75
works, sound recordings, and
certain other works contained on
an album.
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The Office welcomes comment on these proposed changes.
Dated: June 14, 2019.
Regan A. Smith,
General Counsel and Associate Register of Copyrights.
[FR Doc. 2019-12976 Filed 6-20-19; 8:45 am]
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