Copyright office and procedures: Special services; fees,

[Federal Register: May 28, 1998 (Volume 63, Number 102)]

[Rules and Regulations]

[Page 29137-29139]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr28my98-19]

LIBRARY OF CONGRESS

Copyright Office

37 CFR Parts 201, 202, 203, 204 and 211

[Docket No. 98-2A]

Fees

AGENCY: Copyright Office, Library of Congress.

ACTION: Final regulations.

SUMMARY: The Copyright Office is issuing final regulations for fees it charges for special services. The Office is initiating new fees and amending other existing fees based on the actual costs to the Office of providing such services. The Office is establishing these fees so it can more nearly recover the costs of providing these services to the public.

EFFECTIVE DATE: July 1, 1998.

FOR FURTHER INFORMATION CONTACT: Marilyn J. Kretsinger, Assistant General Counsel, or Patricia L. Sinn, Senior Attorney, Copyright GC/ I&R, P.O. Box 70400, Southwest Station, Washington, D.C. 20024. Telephone: (202)707-8380. Fax: (202) 707-8366.

SUPPLEMENTARY INFORMATION:

1. Background

   Section 708 of title 17, United States Code, authorizes the Register of Copyrights to charge fees for services the Copyright Office provides as described in section 708(a)(1)-(9), such as registration, recordation, and certification. Nonspecified fees, called ``special,'' or ``discretionary'' fees, are addressed in section 708(a)(10). This section authorizes an assessment for ``any other special services requiring a substantial amount of time or expense, such fees as the Register of Copyrights may fix on the basis of the cost of providing the service.'' Id.

   Examples of such services include special handling, full term storage of deposits, and provision of services on an expedited basis. The Office last increased fees in 1994 to reflect costs of performing certain services. See 58 FR 38369 (July 28, 1994).

   On April 1, 1998, the Office published a Notice of Proposed Rulemaking (NOPR) seeking public comments on amendments to existing fees and establishing new fees for certain services. See 63 FR 15802 (April 1, 1998). As described in the NOPR the Office completed a comprehensive economic analysis of the operating costs involved in providing special services to users to determine whether or not these fees should be adjusted. Using its own

   [[Page 29138]]

   analysis, reflection on analysis done by the Government Accounting Office, and the results of studies conducted by private sector consultants, the Office determined that it must adjust fees for special services in order to more nearly recapture the actual costs for providing them. It also determined that it must charge fees for other services such as appeals and servicing underfunded deposit accounts.

   In addition to publishing the proposed new fee schedule in the Federal Register, the Office made it available online and mailed an announcement about the proposed fee increase to deposit account holders.

2. Comments

   The Motion Picture Information Service (MPIS) submitted the only comment the Copyright Office received in response to the NOPR. The commenter asserts that the deposit account system is inconvenient and should be abolished and ``replaced with a simple cash, check, debit card, or credit card system.'' The commenter states that this would bring the Office into line with current business practices, and would eliminate inconvenience and administrative burdens for both the public and the Office. MPIS comment at 1.

3. Final Regulations

   The Copyright Office realizes that there are benefits for both claimants and the Office by accepting credit cards for payment of copyright fees. It has just completed a two-year pilot program in which credit cards were accepted for the filing of claims and recording of documents under the provisions of the Uruguay Round Agreements Act (URRA). Public Law 103-465; 108 Stat. 4809 (1994). It is now in the process of evaluating the resources needed in order to plan for implementation of a credit card system.

   The Office also believes some customers prefer the convenience of deposit accounts and will continue to use them even if credit cards are accepted. The fees on deposit accounts will only be assessed when there are insufficient funds in the account to cover current requests for services. The Office mails monthly statements to deposit account holders notifying them of the status of their accounts.

   The Office received no comments on any of the other proposed fees. It is adopting the proposed fee schedule in its entirety, effective July 1, 1998, other than the short fee charge which will not take effect until a date which will be announced later.

   List of Subjects

   37 CFR Part 201

   Copyright, General Provisions.

   37 CFR Part 202

   Copyright, Registration.

   37 CFR Part 203

   Freedom of Information Act.

   37 CFR Part 204

   Privacy.

   37 CFR part 211

   Mask work protection, Fees.

   In consideration of the foregoing, parts 201, 202, 203, 204, and 211 of 37 CFR chapter II are amended as follows:

   PART 201--GENERAL PROVISIONS

   1. The authority citation for part 201 continues to read as follows:

      Authority: 17 U.S.C. 702.

   2. Section 201.32 is amended by revising the special services fee chart to read as follows:

      Sec. 201.32 Fees for Copyright Office special services.

      * * * * *

      Special services

      Fees

   1. Service charge for deposit account overdraft..............

      $70 2. Service charge for dishonored deposit account

      replenishment check.........................................

      35 3. Service charge for short fee payment......................

      20 4. Appeals

      1. First appeal..........................................

         200 Additional claim in related group....................

         20

      2. Second appeal.........................................

         500 Additional claim in related group....................

         20 5. Secure test processing charge, per hour...................

         60 6. Copying charge, first 15 pages, per page..................

         1

         Each additional page.....................................

         .50 7. Inspection charge.........................................

         65 8. Special handling fee for a claim..........................

         500 Each additional claim using the same deposit.................

         50 9. Special handling for recordations of a document...........

         330 10. Full-term storage of deposits............................

         365 11. Surcharge for expedited Certifications and Documents

         Section services

      1. Additional certificates, per hour.....................

         75

      2. In-process searches, per hour.........................

         75

      3. Copy of assignment, per hour..........................

         75

      4. Certification, per hour...............................

         75

      5. Copy of registered deposit

         First hour...........................................

         95 Each additional hour.................................

         75

      6. Copy of correspondence file

         First hour...........................................

         95 Each additional hour.................................

         75 12. Surcharge for expedited Reference & Bibliography searches

         First hour...........................................

         125 Each additional hour.................................

         95

         [[Page 29139]]

         PART 202--REGISTRATION OF CLAIMS TO COPYRIGHT

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

      Authority: 17 U.S.C. 702.

      Sec. 202.23 [Amended]

   4. Section 202.23(e)(1) and (2) are amended by removing ``$270.00'' each place it appears and adding in its place ``$365.00.''

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

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

      Authority: 17 U.S.C. 702; and 5 U.S.C. 552(a)(1).

      Sec. 203.6 [Amended]

   6. Section 203.6(b)(2) is amended by removing ``$7 for up to 15 pages and $.45 per page over 15.'' and adding in its place ``$15.00 for up to 15 pages and $.50 per page over 15.''.

      PART 204--PRIVACY ACT: POLICIES AND PROCEDURES

   7. The authority citation for part 204 continues to read as follows:

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

      Sec. 204.6 [Amended]

   8. Section 204.6(a) is amended by removing ``$7 for up to 15 pages and $.45 per page over 15.'' and adding in its place ``$15.00 for up to 15 pages and $.50 per page over 15.''

      PART 211--MASK WORK PROTECTION

   9. The authority citation for part 211 continues to read as follows:

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

      Sec. 211.3 [Amended]

   10. In Sec. 211.3(a)(1) and (2) remove ``$20.00'' each place it appears and add in is place ``$75.00.''

   11. In Sec. 211.3(a)(7), remove ``$330'' and add in its place ``$500.00.''

       Dated: May 20, 1998. Marybeth Peters, Register of Copyright.

       Approved by: James H. Billington, The Librarian of Congress.

       [FR Doc. 98-14086Filed5-27-98; 8:45 am]

       BILLING CODE 1410-30-P