Group Registration of Works on an Album of Music

As Enacted ( Federal Register)

Cited authorities 7

Cited in

Published date	23 February 2021
Record Number	2021-03533
Section	Rules and Regulations
Court	Copyright Office,Library Of Congress

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Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Rules and Regulations

37 CFR 202.4; see 17 U.S.C. 408(c)(1).

37 CFR 202.4(c)–(k).

84 FR 22762 (May 20, 2019).

ABLE

1—NADA

S FOR

HICH

PPROVAL

ITHDRAWN

—Continued

Application No. Trade name

(drug) Sponsor

045–863 ............. PALOSEIN (orgotein) ............................................................... OXIS International, Inc., 6040 N. Cutter Circle, suite 317,

Portland, OR 97217–3935.

046–922 ............. SERGEANTS SURE SHOT (n-butyl chloride) Capsules ........ ConAgra Pet Products Co., 3902 Leavenworth St., Omaha,

NE 68105.

046–923 ............. SERGEANTS (n-butyl chloride) Puppy Worm Capsules ......... ConAgra Pet Products Co., 3902 Leavenworth St., Omaha,

NE 68105.

065–067 ............. Tetracycline Hydrochloride Tablets .......................................... Premo Pharmaceutical Laboratories, Inc., 111 Leuning St.,

South Hackensack, NJ 07606.

140–850 ............. ELITE (dichlorophene and toluene) Dog and Cat Wormer ..... RSR Laboratories, Inc., 501 Fifth St., Bristol, TN 37620.

141–107 ............. BAPTEN for Injection (+-aminopropionitrile fumarate) ............ Alaco, Inc., 1500 North Wilmot Rd., suite 290–C, Tucson, AZ

85712.

The Commissioner of Food and Drugs

(the Commissioner), under section

512(e)(2)(A) of the Federal Food, Drug,

and Cosmetic Act (21 U.S.C.

360b(e)(2)(A)), finds that the holders of

the applications listed in this document

have repeatedly failed to submit reports

required by § 514.80. In addition, under

§ 514.200(b), the Commissioner finds

that the holders of the applications have

waived any contentions concerning the

legal status of the drug products.

Therefore, under these findings,

approval of the applications listed in

this document, and all amendments and

supplements thereto, is hereby

withdrawn, effective February 23, 2021.

Elsewhere in this issue of the Federal

drug regulations to reflect the

withdrawal of approval of these

applications.

Dated: February 11, 2021.

Lauren K. Roth,

Acting Principal Associate Commissioner for

Policy.

[FR Doc. 2021–03250 Filed 2–22–21; 8:45 am]

BILLING CODE 4164–01–P

LIBRARY OF CONGRESS

37 CFR Parts 201 and 202

[Docket No. 2019–4]

Group Registration of Works on an

Album of Music

AGENCY

: U.S. Copyright Office, Library

of Congress.

ACTION

: Final rule.

SUMMARY

: The U.S. Copyright Office is

creating a new group registration option

for musical works, sound recordings,

and certain other works contained on an

album. This option will permit the

registration of a group of musical works

or a group of sound recordings

distributed together, regardless of

whether such distribution occurs via

physical or digital media. The final rule

generally adopts the provisions set forth

in the May 2019 notice of proposed

rulemaking in this proceeding, with

certain updates to reflect the planned

implementation of new online

applications for this option.

DATES

: Effective March 26, 2021.

FOR FURTHER INFORMATION CONTACT

Regan A. Smith, General Counsel and

Associate Register of Copyrights, by

email at regans@copyright.gov; Robert

Kasunic, Associate Register of

Copyrights and Director of Registration

Policy and Practice, by email at rkas@

Assistant General Counsel, by email at

jril@copyright.gov. Each can be

contacted by telephone at 202–707–

8350.

SUPPLEMENTARY INFORMATION

I. Background

The Copyright Act authorizes the

regulation the administrative classes of

works available for the purpose of

seeking a registration and the nature of

the deposits required for each class. In

addition, Congress gave the Register the

discretion to allow registration of groups

of related works with one application

and one filing fee, a procedure known

as ‘‘group registration.’’

Pursuant to

this authority, the Register has issued

regulations permitting the Office to

issue group registrations for certain

types of works, including for groups of

newspapers, unpublished works,

newsletters and serials, unpublished

and published photographs,

contributions to periodicals, secure test

items, and short online literary works.

On May 20, 2019, the Office

published a Notice of Proposed

Rulemaking (‘‘NPRM’’) proposing to

create a new group registration option

for musical works, sound recordings,

and associated literary, pictorial, and

graphic works contained on an album.

This option is referred to as ‘‘Group

Registration of Works on an Album of

Music,’’ or ‘‘GRAM.’’

The proposed

rule would allow an applicant to

twenty sound recordings, i.e., forty total

works, if the works were fixed in the

same phonorecord, if the works were

created by the same author or had at

least one common author, and if the

claimant for each work in the group was

the same. The proposed rule also would

permit the registration of associated

literary, pictorial, and graphic works in

the album, such as cover art, liner notes,

or posters. To exercise this option, the

Office proposed that applicants would

be required to submit their claims

through the online copyright

registration system using the Standard

Application.

The Office received thirteen

comments in response to the NPRM,

eleven from individuals, one from the

National Music Publishers Association

(‘‘NMPA’’), and a joint comment by the

American Association of Independent

Music (‘‘A2IM’’) and the Recording

Industry Association of America

(‘‘RIAA’’). Each commenter supported

the Office’s proposal to create the new

group registration option, though some

suggested various amendments to the

proposed rule, including removing the

proposed limit on the number of works

that may be included in each claim and

clarifying who could be listed as a

claimant of a work in a GRAM

registration.

Having reviewed and carefully

considered the submitted comments, the

Office now issues a final rule that

generally follows the proposed rule,

with some modifications. First, the rule

requires claims under this option to be

submitted using a new online

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84 FR at 22764, 22768.

A2IM & RIAA Comments at 4.

Id.

Id. at 5.

NMPA Comments at 3 (citing 84 FR at 22764).

See Album, Dictionary.com (2021 ed.), https://

www.dictionary.com/browse/album (‘‘a collection

of audio recordings released together as a collected

work’’).

84 FR at 22764 (quoting U.S. Copyright Office,

Compendium of U.S. Copyright Office Practices,

Third Edition (‘‘Compendium (Third)’’) sec. 1107.1).

84 FR at 22764.

84 FR at 22768.

A2IM & RIAA Comments at 7–8; Jesse Morris

Comments at 2.

See A2IM & RIAA Comments at 5; NMPA

Comments at 3; Anonymous Anonymous

Comments at 2 (‘‘20 seems low’’ but ‘‘25 to 30

would cover most albums and a handful of

soundtracks’’). Other commenters appeared

satisfied with this number. See Anonymous Artist

Comments at 2 (‘‘As a musician most of my albums

contain 10 to 15 songs.’’); Brian Smith Comments

at 2 (detailing desire to register ‘‘20 songs including

music recordings and artwork’’); Rich Turgeon

Comments at 2 (noting that it ‘‘[w]ould be nice to

just keep [the GRAM registration option]

straightforward and be able to register up to 12–13

songs at a time’’).

A2IM & RIAA Comments at 5; NMPA

Comments at 3.

NMPA Comments at 3.

84 FR at 22764–65 & n.30.

application specifically created for

GRAM filings, rather than on the

Standard Application. Second, to avoid

inefficiencies in the examination

process and ambiguities in the public

record, the final rule requires groups of

musical works and groups of sound

recordings to be registered using

separate applications.

II. The Final Rule

A. Eligibility Requirements

1. Definition of an ‘‘Album’’; Number of

Works

The NPRM proposed limiting this

group registration option to musical

works, sound recordings, and any

associated literary, pictorial, or graphic

works on an album of music, such as

liner notes and cover artwork. It defined

an ‘‘album’’ as ‘‘a single physical or

electronic unit of distribution

containing at least two musical works

and/or sound recordings embodied in

phonorecords, including any associated

literary, pictorial, or graphic works

distributed with the unit.’’

Three

commenters requested clarification to

ensure that the rule is sufficiently

flexible to accommodate streaming

services and other distribution models

that do not involve the purchasing of

copies. A2IM and RIAA argued that the

term ‘‘album’’ should be eliminated, as

it ‘‘appear[s] to be tied to physical

distribution and to an ownership

model’’ of music.

They proposed

instead using the term ‘‘release,’’ which

would be defined as ‘‘a collection of two

or more sound recordings or other

media that are grouped together as those

terms are used in the Copyright Act.’’

In their view, this approach would have

the advantage of ‘‘avoid[ing] the single

unit of distribution concept’’ and would

be ‘‘generic enough to embrace new

release formats, such as a playlist that

contains all new recordings released by

a single artist and grouped together for

commerce.’’

NMPA did not propose a

change to the regulatory text but urged

the Office to consider adding language

to the Compendium of U.S. Copyright

Office Practices or a circular to clarify

that ‘‘the GRAM option extends to

albums that are not offered for digital

purchase.’’

The proposed definition of ‘‘album’’ is

not intended to be limited to albums

distributed under a model in which

copies are acquired and retained by a

purchaser—e.g., downloads or physical

media. A collection of musical

recordings presented and offered to the

public under authority of the copyright

owner as a self-contained, fixed group

would qualify as ‘‘a single physical or

electronic unit of distribution’’ for

purposes of the rule, regardless of

whether the works are accessed via

download, stream, or other mechanism.

The key consideration is whether there

is some indication of the copyright

owner’s intention to release the works

together as a single collection, as

distinguished from, for example,

releasing them over time as additions to

an evolving playlist.

Thus, a group of

songs presented together on a streaming

service may qualify as an album,

provided the other eligibility

requirements are met.

It is partly for this reason that the

final rule defines ‘‘album’’ as a ‘‘unit of

distribution.’’ As discussed in the

NPRM, the Office’s existing ‘‘unit of

publication’’ option has long provided a

vehicle for registering albums released

in physical formats, such as a ‘‘CD

packaged with cover art and a leaflet

containing lyrics’’ or a ‘‘box set of music

CDs.’’

While the Office has declined

to extend the unit of publication option

to digital products, the GRAM option is

intended to provide an analogous

mechanism for digital music albums, in

part to ensure that albums ‘‘released

first (or only) in digital formats’’ are

eligible for similar registration

options.

The final rule accordingly

retains the proposed definition, and the

Office intends this further guidance to

address comments regarding the scope

of eligibility for the GRAM option.

Some commenters expressed concern

with the proposed requirement that an

applicant ‘‘submit documentation . . .

confirming that the musical works and/

or sound recordings were included on

the album.’’

A2IM and RIAA and an

individual commenter, Jesse Morris,

argued that it should be sufficient for an

applicant to submit a sworn statement

to that effect.

The Office agrees with

this recommendation. As part of the

application, the applicant will be

required to certify that the works being

registered satisfy the requirements for

this group registration option, including

that the works in the group were all

published on the same album. The

language regarding documentation

accordingly has been removed from the

final rule.

The NPRM also proposed to allow

applicants to register up to twenty

musical works or twenty sound

recordings contained in an album. Some

commenters requested that the Office

remove or at least raise the twenty-work

cap. In addition to noting that some

albums contain more than twenty

tracks,

commenters pointed out that

the Standard Application does not

contain a title cap and voiced concern

that applicants could include more than

twenty tracks in error.

NMPA

suggested that such mistakes could

result in a refusal to register or delays

due to required correspondence.

discussed further below, however, the

Office will not be using the Standard

Application for this registration option,

and therefore believes that such errors

are less likely. The new application for

claims registered under this option will

include a system validation that should

prevent applicants from listing more

than twenty musical works or sound

recordings in the application.

More generally, the Office has

concluded that a twenty-work cap is

appropriate to balance the needs of

applicants with the administrative

capabilities of the Office. As noted in

the NPRM, the Office believes that this

limit will make this group option

available to the majority of albums

actually distributed in the market, and

in any event, albums with more than

twenty works would still benefit from

this group option because applicants

may be able to register additional works

with a separate GRAM application.

Removing or raising the cap would

likely increase the average processing

time for these applications and thereby

undermine the efficiency of this group

option. Indeed, there is a potential that

even the twenty-work cap may prove

inefficient if the average number of

works on each application approaches

twenty. The Office remains open to

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Id. at 22765.

Id. at 22764.

A2IM & RIAA Comments at 8.

Id.

84 FR at 22766.

A2IM & RIAA Comments at 6; Jesse Morris

Comments at 1.

See Jesse Morris Comments at 1; A2IM & RIAA

Comments at 6.

A2IM & RIAA Comments at 3.

Id. at 3–4.

revisiting this issue based on data that

become available after implementation,

including with respect to fees, staffing,

and processing times.

2. Custom Application; Works That May

Be Included

Under the proposed rule, an applicant

could register up to twenty musical

works and twenty sound recordings, i.e.,

forty total works, using the Standard

Application if the works were fixed in

the same phonorecord and the other

regulatory requirements were met.

A2IM and RIAA expressed concern over

the requirement to use the Standard

Application, urging the Office to instead

‘‘create a dedicated GRAM application

that runs on the existing system.’’

They observed that this approach would

‘‘[n]ot only . . . encourage use of GRAM

by smaller, less sophisticated, less

frequent users,’’ but also would ‘‘lead to

fewer telephone inquiries from

less correspondence from registration

specialists, both of which will save the

Office time and money.’’

The Office

agrees that decoupling GRAM

applications from the Standard

Application would greatly simplify the

registration process for both applicants

and Office staff, and therefore it has

worked with the Library’s Office of the

Chief Information Officer to develop

new applications specifically for GRAM

that can be accessed and submitted

through the electronic registration

system (‘‘eCO’’). The final rule has been

updated to reflect this change.

In the course of developing this

functionality, the Office also determined

that permitting the registration of both

musical works and sound recordings

using one application may give rise to

complexities in the examination process

that could hinder the Office’s efficient

administration of the group option. For

example, in cases where the musical

works and sound recordings on an

album have different authors, an

applicant would be required to list all

the authors of both the music and sound

recordings, to list the titles of the works

created by each author, and to provide

an appropriate authorship statement to

describe each author’s contribution(s) to

each work. In the Registration Program’s

experience, challenges or inaccuracies

are likely to arise where the nature of

the applicant’s authorship differs with

respect to the musical work and the

sound recording for multiple album

tracks. For example, if an author created

twenty sound recordings on an album,

but wrote only ten of the musical works

embodied in those recordings, she

would be required to provide titles for

all twenty works and exclude from the

musical work claim the ten

compositions she did not author by

listing their titles in the Material

Excluded field. Given the number of

possible permutations, such

requirements would likely lead to

ambiguities requiring correspondence

with the applicant, as well as potential

inaccuracies in the public record,

particularly where the applicant is

unfamiliar with the distinction between

musical works and sound recordings for

correspondence would likely result in

additional refusals or a higher fee for

this group registration option to

accommodate the additional Office

resources needed, the Office has

determined that it is preferable to create

a bifurcated group option.

The final rule accordingly provides

for two separate types of applications.

An applicant may register up to twenty

musical works on an album using the

application designated for ‘‘musical

works from an album.’’ An applicant

may register up to twenty sound

recordings, as well as any associated

literary, pictorial, or graphic works first

published with the same album, using

the application designated for ‘‘sound

recordings from an album.’’ The initial

version of the application for ‘‘musical

works from an album’’ will not include

an option for registration of these

ancillary materials because the Office

understands that typically these works

are not authored or owned by the party

that authored or owns the musical

works. To the extent there is a need in

the marketplace, however, the Office is

open to considering a future update that

would permit registration of such

materials on the application for

‘‘musical works from an album.’’ The

Office welcomes public input on

whether copyright owners would

benefit from such an option.

3. Title Information

The NPRM proposed that an applicant

be required to provide a title for the

album, a title for each musical work

and/or sound recording, titles for any

associated literary, pictorial, or graphic

works that are included in the group,

and a title that identifies the group as a

whole, starting with the word

‘‘GRAM.’’

Some commenters objected

to the requirement to provide a separate

title for the group. Among other

concerns, they noted that the

registration certificate would start with

‘‘GRAM,’’ while the album offered for

sale would not, causing potential

confusion in the public record and in

litigation.

In light of these concerns, and

because the group-title requirement was

necessitated by the limitations of the

Standard Application,

the Office has

eliminated this requirement. Instead,

the GRAM applications will include a

mandatory field for the title of the

album, which will appear on the

registration certificate and in the public

record. The album title will be used to

automatically generate a group title (e.g.,

‘‘Works published on the album

[ALBUM TITLE]’’). The group title and

the album title will both appear in the

registration certificate and the public

record. For applications that include

literary, pictorial, or graphic works, the

system will automatically generate titles

for those works (e.g., ‘‘Liner notes,

photograph(s), and/or artwork first

published on the album [ALBUM

TITLE]’’), although the applicant may

provide a more specific title for those

works by following the instructions

given in the help text. The Office will

add those titles to the public record

when it examines the claim.

4. Collective Work Registration

RIAA and A2IM requested that the

Office allow applicants to include the

full album as a collective work as one

of the works that can be registered on

the GRAM application.

They noted

that some existing group registration

options permit registration of both a

collective work and the individual

component works, citing the unit of

publication and group serial options as

examples.

But these commenters did

not explain why they believe there is a

need for such an option in the GRAM

application given that applicants

already have the ability to register both

a collective work and the individual

works comprising it by filing a

collective work claim using the

Standard Application. As discussed in

the NPRM, a collective work registration

will extend to the individual component

works if the copyright in those works is

held by the owner of the collective work

works contain sufficient original

authorship and have not been

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84 FR at 22763 & n.16 (citing Compendium

(Third) sec. 509.2; U.S. Copyright Office, Circular

34: Multiple Works 2–3).

Id. at 22765.

Id.

NMPA Comments at 4 (quoting 84 FR at 22765–

66).

Id.

37 CFR 202.3(a)(3); see also Compendium

(Third) sec. 405.1.

See 17 U.S.C. 101 (‘‘A ‘transfer of copyright

ownership’ is an assignment, mortgage, exclusive

license, or any other conveyance, alienation, or

hypothecation of a copyright or of any of the

exclusive rights comprised in a copyright, whether

or not it is limited in time or place of effect, but

not including a nonexclusive license.’’).

The Office has an open rulemaking proceeding

on this provision. See Registration of Copyright:

Definition of Claimant, 77 FR 29257 (May 17, 2012).

37 CFR 201.4; see also Document Recordation:

Completing and Submitting Declarations of

Ownership in Musical Works, U.S. Copyright Office,

https://www.copyright.gov/recordation/domw/.

84 FR at 22766.

NMPA Comments at 5.

Id.

Because the statutory deposit requirements

differ based on whether a work is first published

within or outside the United States, see 17 U.S.C.

408(b), the final rule requires that the nation of

publication be the same for all works in the group.

A2IM & RIAA Comments at 7; Jesse Morris

Comments at 2.

previously published or registered.

Thus, where a party seeks to register an

album as a collective work in addition

to registering the individual sound

recordings and/or musical works, it may

do so under the existing collective work

option. The GRAM option will

complement this option by facilitating

registration of multiple works in cases

where parties own copyrights in

multiple individual works on an album

but are ineligible for collective work

registration—for example, because they

are not the owner of the collective work

selection and arrangement of tracks does

not qualify as a collective work. Based

on the record at this time, the final rule

accordingly does not include this

option.

5. Author and Claimant

Under the proposed rule, ‘‘all of the

works claimed in the group must have

a common author,’’ and ‘‘the copyright

claimant(s) for each work must be the

same person(s) or organization.’’

The

NPRM explained that ‘‘the claimant may

either be (1) the author or co-author of

all of the works, or (2) the party that

owns all of the exclusive rights that

initially belonged to the author or co-

authors.’’

NMPA asked the Office to clarify the

definition of ‘‘claimant’’ for GRAM

registration eligibility. Specifically, it

expressed concern over the NPRM’s

statement that ‘‘if the works were

created by two or more co-authors, the

claimant or co-claimant must own or co-

own all of the rights that initially

belonged to the co-authors. If a party

owns or co-owns the rights that initially

belonged to some, but not all, of the co-

authors, that party cannot be named as

a copyright claimant.’’

In NMPA’s

view, this statement could ‘‘suggest that

a claimant who has been assigned rights

by a co-author of a work (for example,

a music publisher to whom a songwriter

who is a co-author of a song has

assigned their rights) must have

obtained all of the rights from all of the

co-authors of a song.’’

To clarify, the definition of

‘‘claimant’’ for purposes of the GRAM

option is not intended to differ from the

generally applicable definition of that

term. Under the Office’s regulations, a

author of a work’’ or ‘‘(ii) [a] person or

organization that has obtained

ownership of all rights under the

author.’’

Thus, a publisher that is the

transferee of all of the exclusive rights

of a joint author of eligible works may

be listed as a claimant for purposes of

a GRAM application, even if the

publisher has not received rights from

other joint authors. If, however, only a

subset of a joint author’s exclusive

rights have been transferred to it, the

publisher would not qualify as a

claimant. While the Office cannot

advise as to how this standard may

apply to specific types of assignments,

whether a given transaction constitutes

a transfer of copyright ownership—as

distinguished from merely a

nonexclusive license—will be governed

by the statutory definition of that

term.

To the extent NMPA’s comment is

raising concerns regarding the

‘‘claimant’’ definition more generally,

the Office notes that any changes to that

provision would have implications for a

broader range of stakeholders than those

affected by the GRAM option. The

Office therefore does not believe that

this proceeding is the appropriate forum

for consideration of such changes,

although it is open to considering this

question more broadly.

As the Office

continues development of its next-

generation registration system, however,

it will continue to explore ways to better

accommodate registrations involving

jointly owned works, and welcomes

input from NMPA and other interested

parties. The Office also notes that a

third party who is assigned a copyright

interest but does not qualify as a

claimant for GRAM registration

purposes may record its ownership

information in the Office’s public

record.

Moreover, as noted above, an

author of the work may always be listed

as a claimant.

6. Publication Information

Commenting parties did not object to

the requirement that a GRAM

application must ‘‘specify the date and

nation of publication for the album.’’

NMPA, however, expressed concern

over the requirement that all eligible

works in the group be published on the

album on the same date, noting that it

is common for a song to be published

as a single before it is published as part

of an album.

It suggested that the

Office allow previously published

works that are later included on an

album to be included in a GRAM

registration ‘‘to maximize the [GRAM

option’s] usefulness’’ and ‘‘to encourage

an accurate public record.’’

The Office

has amended the final rule to allow for

the registration of a musical work or

sound recording that was previously

published as an individual work only

(e.g., as a single), provided that the

application includes the statutorily-

required date of first publication for

each of the works.

Applicants should

provide this information in the ‘‘Note to

GRAM application. The certificate of

registration will be annotated to reflect

the additional publication dates.

In addition, A2IM and RIAA and Jesse

Morris separately asked for a

clarification in the final rule that

previously published or registered

works that were later contained on an

album may be excluded from the GRAM

application claim.

These parties were

concerned that the inclusion of a

previously published single would

disqualify the entire album from the

GRAM registration option. This was not

the intent of the proposed rule.

Applicants should disclaim ineligible

works by listing the titles of those works

in the Material Excluded field.

B. Application Requirements

As discussed, the Office is developing

two new online applications specifically

for this group option—one application

for musical works, and another

application for sound recordings and

any associated literary, pictorial, or

graphic works included with the same

album. These applications are currently

expected to be implemented into the

eCO system this spring by the OCIO.

Nevertheless, the availability of the

GRAM applications is ultimately

dependent on the completion of system

development and may be affected by

unanticipated delays in that process.

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84 FR at 22766.

U.S. Copyright Office, Proposed Schedule and

Analysis of Copyright Fees to Go into Effect in

Spring 2020 at 20 (2019), https://

www.copyright.gov/rulemaking/feestudy2018/

proposed-fee-schedule.pdf.

Id. at 29.

See 17 U.S.C. 708(b)(5).

2020).

Id. at 9380–81.

Id.

See A2IM & RIAA Comments at 6 (‘‘[W]e would

be open to a fee structure whereby some baseline

number of tracks (e.g., 20) can be included as part

of the basic group registration fee and additional

tracks can be included in the same GRAM

application for an additional surcharge (e.g., $1–$2

per track for each additional track).’’).

See Registration Modernization, 85 FR 12704,

12706 (Mar. 3, 2020).

84 FR at 22767.

Id.

A2IM & RIAA Comments at 7.

The Copyright Act authorizes the Register of

Copyrights to specify by regulation ‘‘the nature of

the copies or phonorecords to be deposited’’ with

respect to particular administrative classes

established for purposes of registration. 17 U.S.C.

408(c)(1); see also id. at 408(b) (establishing deposit

requirements, ‘‘[e]xcept as provided by sub-section

(c)’’). For purposes of this group option, the Office

has adopted the same deposit requirements

applicable to the relevant categories of works under

individual applications, in order to avoid affecting

the Library’s collections policies.

Id.

The Copyright Act provides that, in the case of

a work first published outside the United States,

only one copy or phonorecord is required for

deposit. 17 U.S.C. 408(b)(3). The final rule has been

updated to reflect this distinction.

As noted, the application for ‘‘musical works

from an album’’ will not initially permit the

registration of ancillary materials. The final rule has

been revised to reflect this limitation.

84 FR at 22767.

Id.

See 37 CFR 202.4(j)(7).

The Office will issue a public

announcement when implementation is

complete and this option is available to

applicants.

The Office will provide detailed

information on group eligibility

requirements and instructions on

completing the applications on its

website, including a video and webinar.

C. Filing Fee

The NPRM provided that the filing fee

for the GRAM option would be $55, the

fee applicable to claims submitted on

the Standard Application. It further

noted that the Office had recently

proposed to increase the Standard

Application fee to $75 and that if that

proposal were adopted, the new fee

would apply to GRAM claims.

Subsequently, the Office submitted a

final proposed schedule and analysis of

fees to Congress in which it reduced the

proposed increase to $65.

Based on

the comments received in the fee study

proceeding, and in light of the Office’s

inability under the current registration

system to charge different prices for

different types of works submitted on

the Standard Application, at the time its

fee study was submitted to Congress, the

Office reiterated its recommendation

that the GRAM fee be the same as the

Standard Application fee.

Following the 120-day statutory

period for congressional review,

the

Office promulgated a final rule

implementing the proposed fee

schedule.

The rule noted the Office’s

expectation that GRAM registrations

would ‘‘require a workflow similar to

claims submitted on the Standard

Application’’ and that commenters in

the fee study proceeding generally

supported linking the two fees.

avoid potential confusion, the Office did

not adopt the GRAM fee as part of that

rule, noting that it instead would adopt

the fee when it issued a final rule

implementing the GRAM option.

Although the Office is now providing

standalone applications for GRAM

submissions, it continues to believe it is

appropriate to charge the same fee as is

charged for Standard Application

filings. The Office believes that it is

reasonable to set the GRAM fee, at least

initially, at the same level as previously

noted, given the similarities in expected

workflow associated with examining

these claims and the lack of additional

data to support an alternate level. The

final rule therefore establishes a $65 fee.

Given, however, that the Office now has

greater flexibility to adjust fees

specifically for this option, it will gather

additional data to determine if this

amount should be adjusted once this

option is implemented.

The Office

also is open to considering differential

price options following implementation

of its next-generation registration

system.

D. Deposit Requirements

The NPRM noted that ‘‘[t]he deposit

requirements for this group registration

option will be the same as the

requirements that normally apply to

claims involving musical works, sound

recordings, and associated album

material.’’

The Office proposed that

for GRAM claims that include sound

recordings, ‘‘the applicant should

submit two physical phonorecords,

along with two physical copies of any

related album material,’’ if the album

was published in physical form or in

both physical and digital form.

‘‘If the

album was published solely in digital

form, the applicant may upload a digital

phonorecord along with a digital copy

of any related album material.’’

For

GRAM claims that do not include sound

recordings, the Office proposed that

‘‘the applicant should submit a

complete phonorecord of each musical

work being registered’’ and a complete

copy of any associated literary, pictorial,

or graphic works associated with the

claim.

A2IM and RIAA requested that ‘‘when

the works are available in both physical

and digital form the applicant be

permitted to select whether to submit a

physical or digital deposit,’’ reasoning

that ‘‘digital copies are much easier and

less expensive for record labels to

provide than physical ones.’’

These

deposit requirements, however, are

designed to conform to the best edition

requirements applicable to these types

of works generally.

Because musical

works published solely on

phonorecords are not subject to the best

edition requirement, the authors and

owners of these works may submit

digital phonorecords regardless of how

the album was published.

Conversely,

sound recordings are subject to the best

edition requirement, and therefore

authors and owners of those works must

submit copies in either physical or

digital form, depending on how the

work was published.

It is beyond the

scope of this proceeding to consider

potential changes to those requirements.

The final rule therefore generally retains

the NPRM’s deposit provisions, with

updates to reflect the two new GRAM-

specific applications.

As noted in the NPRM, for digital

deposits, each work must be contained

in a separate electronic file, assembled

in an orderly form in one of the

acceptable file formats listed on the

Office’s website, and uploaded as

individual electronic files (not .zip files)

to the electronic submission system.

The NPRM provided that a submission

will be considered ‘‘orderly’’ if the file

name for each work can reasonably be

matched with the corresponding title

entered on the application so that the

examiner can verify that the correct

works were uploaded.

No party

commented on this requirement. The

final rule incorporates this requirement

into the regulatory text, providing that

‘‘[t]he file name for each work must

match the title as submitted on the

application.’’ This provisions tracks

language in the recently issued final

rule for group registration of short

online literary works,

and is intended

to avoid potential confusion resulting

from inconsistent designations.

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10825

Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Rules and Regulations

17 U.S.C. 408(d).

5 U.S.C. 553(b)(A).

JEM Broad. Co. v. F.C.C., 22 F.3d 320, 326 (D.C.

Cir. 1994) (internal citation omitted).

E. Supplementary Registrations

A supplementary registration is a

special type of registration that may be

used ‘‘to correct an error in a copyright

registration or to amplify the

information given in a registration.’’

The Office has created multiple versions

of a form that may be used to correct or

amplify information in registrations

made under specified group registration

options, but the Office has not yet

created a version for a registration of a

group of works on an album of music.

Therefore, the final rule clarifies that

applicants should contact the Office of

Registration Policy & Practice to obtain

instructions before seeking a

supplementary registration involving

these types of claims.

This update constitutes a change to a

‘‘rule[] of agency . . . procedure[] or

practice.’’

It does not ‘‘alter the rights

or interests of parties,’’ but merely

‘‘alter[s] the manner in which the

parties present themselves or their

viewpoints to the agency.’’

It therefore

is not subject to the notice and comment

requirements of the Administrative

Procedure Act.

List of Subjects

37 CFR Part 201

37 CFR Part 202

registration of claims to copyright.

Final Regulations

For the reasons set forth in the

preamble, the Copyright Office amends

37 CFR parts 201 and 202 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. Amend § 201.3 by:

■a. Redesignating paragraphs (c)(9)

through (c)(28) as paragraphs (c)(10)

through (c)(29), respectively.

■b. Adding new paragraph (c)(9).

The addition reads as follows:

§ 201.3 Fees for registration, recordation,

and related services, special services, and

services performed by the Licensing

Division.

* * * * *

(9) Registration of a group of works on

an album 65

* * * * *

PART 202—PREREGISTRATION AND

REGISTRATION OF CLAIMS TO

■3. The authority citation for part 202

continues to read as follows:

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

■4. Amend § 202.4 by:

■a. Redesignating paragraphs (k)

through (n) as paragraphs (o) through

(r), respectively.

■b. Adding new paragraph (k).

■c. Adding and reserving new

paragraphs (l), (m), and (n).

■d. Amend the newly redesignated

paragraph (r), by removing the words

‘‘or (k)’’ and adding in its place the

words ‘‘(k), or (o)’’.

The addition reads as follows:

§ 202.4 Group registration.

* * * * *

(k) Group registration of works on an

album. Pursuant to the authority

granted by 17 U.S.C. 408(c)(1), the

that a group of two or more musical

works, or two or more sound recordings

and any associated literary, pictorial, or

graphic works, may be registered with

one application, the required deposit,

and the filing fee required by § 201.3 of

this chapter, if the following conditions

are met:

(1) Eligible works. (i) All of the works

in the group must be contained on the

same album. For the purposes of this

section, an album is a single physical or

electronic unit of distribution

containing at least two musical works

and/or sound recordings embodied in a

phonorecord, including any associated

literary, pictorial, or graphic works

distributed with the unit.

(ii) The group may include:

(A) Up to twenty musical works; or

(B) Up to twenty sound recordings

and any associated literary, pictorial, or

graphic works included with the same

album.

(iii) The applicant must provide a title

for the album and a title for each

musical work or sound recording

claimed in the group.

(iv) All of the works in the group must

be created by the same author or the

works must have a common joint

author, and the copyright claimant or

co-claimants for each work must all be

the same person(s) or organization. The

works may be registered as works made

for hire if they are identified in the

application as such.

(v) As a general rule, all of the works

must be first published on the same

album, the date and nation of

publication for each work must be

specified in the application, and the

nation of publication for each work

must be the same. A musical work or

sound recording that was previously

published as an individual work only

(e.g., as a single) may be included in the

claim if the date of first publication for

that work is listed separately in the

application.

(2) Application. If the group consists

of sound recordings and, as applicable,

any associated literary, pictorial, or

graphic works, the applicant must

complete and submit the application

designated for ‘‘sound recordings from

an album.’’ If the group consists of

musical works, the applicant must

complete and submit the application

designated for ‘‘musical works from an

album.’’ The application may be

submitted by any of the parties listed in

§ 202.3(c)(1).

(3) Deposit. (i) For claims in works

first published in the United States

submitted with the application for

‘‘sound recordings from an album,’’ the

applicant must submit two complete

phonorecords containing the best

edition of each recording, and two

complete copies of any associated

literary, pictorial, or graphic works that

are included in the group. For claims in

works first published outside the United

States submitted with this application,

the applicant must submit one complete

phonorecord of the work either as first

published or of the best edition. A

phonorecord will be considered

complete if it satisfies the requirements

set forth in § 202.19(b)(2). The deposit

may be submitted in a digital form if the

album has been distributed solely in a

digital format, and if the requirements

set forth in paragraph (k)(3)(iii) of this

section have been met.

(ii) For claims submitted with the

application for ‘‘musical works from an

album,’’ the applicant must submit one

complete phonorecord of each musical

work that is included in the group.

(iii) The deposit may be submitted in

a digital form if the following

requirements have been met. Each work

must be contained in a separate

electronic file. The files must be

assembled in an orderly form, they must

be submitted in one of the electronic

formats approved by the Office, and

they must be uploaded to the electronic

registration system as individual

electronic files (not .zip files). The file

size for each uploaded file must not

exceed 500 megabytes; the files may be

compressed to comply with this

requirement. The file name for each

work must match the title as submitted

on the application.

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10826

Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Rules and Regulations

In the ‘‘addresses’’ section, the proposed

rulemaking stated: ‘‘To reduce the risk of COVID–

19 transmission, for this action we will not be

accepting comments submitted by mail or hand

delivery’’ (85 FR 33052).

(4) Special relief. In an exceptional

case, the Copyright Office may waive

the online filing requirement set forth in

paragraph (k)(2) of this section or may

grant special relief from the deposit

requirement under § 202.20(d), subject

to such conditions as the Associate

the Office of Registration Policy and

Practice may impose on the applicant.

* * * * *

§ 202.6 [Amended]

■5. Amend § 202.6(e)(2) by:

■a. Removing ‘‘or for’’ after and adding

‘‘,’’ in its place and adding ‘‘, or a group

of works published on the same album

registered under § 202.4(k),’’ after

‘‘§ 202.4(j)’’.

Dated: February 11, 2021.

Shira Perlmutter,

U.S. Copyright Office.

Approved by:

Carla D. Hayden,

Librarian of Congress.

[FR Doc. 2021–03533 Filed 2–22–21; 8:45 am]

BILLING CODE 1410–30–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[EPA–R08–OAR–2019–0643; FRL–10018–

17–Region 8]

Air Quality State Implementation

Plans; Approval and Promulgation of

Implementation Plans; Utah;

Infrastructure Requirements for the

2015 Ozone National Ambient Air

Quality Standards; Correction

AGENCY

: Environmental Protection

Agency (EPA).

ACTION

: Final rule; correction.

SUMMARY

: On June 1, 2020, the

Environmental Protection Agency (EPA)

published a rulemaking proposing to

approve multiple elements of the

infrastructure SIP requirements for the

2015 ozone NAAQS for the State of

Utah, while taking no action on three

infrastructure elements (85 FR 33052).

On September 16, 2020, we published a

rulemaking taking final action on the

proposal. The final rulemaking

incorrectly stated that there were no

comments received during the public

comment period for the proposed

rulemaking (85 FR 57731). One

comment, submitted electronically on

July 1, 2020, had been received but was

inadvertently overlooked in the

preparation of the September 16 final

rule. In this correction document we

will respond to the comment received.

DATES

: This rule is effective on February

23, 2021.

ADDRESSES

: The EPA has established a

docket for this action under Docket ID

No. EPA–R08–OAR–2019–0643. All

documents in the docket are listed at

http://www.regulations.gov. Although

listed in the index, some information is

not publicly available, e.g., CBI or other

information whose disclosure is

restricted by statute. Certain other

material, such as copyrighted material,

is not placed on the internet and will be

publicly available only in hard copy

form. Publicly available docket

materials are available through http://

www.regulations.gov, or you may

contact the person identified in the

FOR

FURTHER INFORMATION CONTACT

section

for additional availability information.

FOR FURTHER INFORMATION CONTACT

: Kate

Gregory, (303) 312–6175, gregory.kate@

epa.gov. Mail can be directed to the Air

and Radiation Division, U.S. EPA,

Region 8, Mail-code 8ARD–QP, 1595

Wynkoop Street, Denver, Colorado

80202–1129.

SUPPLEMENTARY INFORMATION

Throughout this document ‘‘we,’’ ‘‘us,’’

and ‘‘our’’ means the EPA.

I. Response to Comments

Comment

We received one anonymous

comment on the proposed rulemaking.

The commenter asserts that in stating

that hard copy comments would not be

accepted,

the EPA was attempting to

preclude submission of comments by

‘‘post mail,’’ without prior public

notification or rulemaking, in violation

of the Administrative Procedure Act

(APA). The commenter cited in

particular 5 U.S.C. 553(c): ‘‘After notice

required by this section, the agency

shall give interested persons an

opportunity to participate in the rule

making through submission of written

data, views, or arguments with or

without opportunity for oral

presentation.’’ The commenter stated

that the EPA must re-propose the rule

without excluding comments submitted

by mail.

The commenter also stated that they

submitted a separate comment by postal

mail.

Response

The EPA does not agree that the

comment method offered was in

violation of the APA, or that the

comment period was otherwise legally

insufficient in any way. The agency did

not eliminate the opportunity for public

comment, but rather temporarily

eliminated one method of transmission

of public comment, in light of public

health concerns related to the COVID–

19 pandemic. We provided notice of

that temporary change in the proposed

rule published at 85 FR 57731, in full

compliance with the APA’s ‘‘prior

public notification’’ requirement.

Additionally, the proposed rule

describes CAA comment submission

requirements:

‘‘The written comment is considered

the official comment and should

include discussion of all points you

wish to make. The EPA will generally

not consider comments or comment

contents located outside of the primary

submission (i.e., on the web, cloud, or

other file sharing system). For

additional submission methods, the full

EPA public comment policy,

information about CBI or multimedia

submissions, and general guidance on

making effective comments, please visit

http://www2.epa.gov/dockets/

commenting-epa-dockets.’’ (This site

directs commenters to regulations.gov as

our preferred method for submitting

comments.)

The APA requires agencies to provide

an opportunity for public comment, but

it does not dictate the form in which

comments may be submitted, nor does

it preclude agencies from imposing

reasonable limitations or structures on

comment submissions. Accordingly, the

commenter’s assertion that the APA

required the Agency here to accept

comments on this proposal by postal

mail is incorrect. In addition, the e-

Government Act of 2002 requires

agencies to create electronic dockets for

rulemakings and make those e-dockets

available to the public; the EPA satisfied

that requirement in this case by

employing the Federal Rulemaking

Portal at regulations.gov as an option for

submitting comments on the proposed

rulemaking. Further, the fact that the

commenter was successfully able to

submit a written comment by electronic

means demonstrates that the notice and

comment method used did not interfere

with the commenter’s ability to

comment on this action.

As noted, the EPA was not required

to accept comments by postal mail in

this matter and did not do so. Even if

we had chosen to accept a comment

submitted by postal mail, the comment

that the commenter claimed was

submitted by postal mail was not found

at the address listed in the proposed

rule, or at any of the other agency

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Group Registration of Works on an Album of Music

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