Modernizing Copyright Recordation
| Published date | 23 January 2020 |
| Citation | 85 FR 3854 |
| Record Number | 2020-01091 |
| Section | Rules and Regulations |
| Court | Copyright Office,Library Of Congress |
Federal Register, Volume 85 Issue 15 (Thursday, January 23, 2020)
[Federal Register Volume 85, Number 15 (Thursday, January 23, 2020)]
[Rules and Regulations]
[Pages 3854-3855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01091]
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LIBRARY OF CONGRESS
Copyright Office
37 CFR Part 201
[Docket No. 2017-7]
Modernizing Copyright Recordation
AGENCY: U.S. Copyright Office, Library of Congress.
ACTION: Supplemental interim rule.
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SUMMARY: The United States Copyright Office is issuing a supplemental
interim rule amending its regulations governing recordation of
transfers of copyright ownership, notices of termination, and other
documents pertaining to a copyright. This rule supplements the Office's
current interim recordation regulations in anticipation of the Office's
forthcoming pilot program through which participating remitters will be
able to record certain types of documents electronically online. The
supplemental interim rule and pilot program are the next step in the
recordation modernization process, which will lead to a full public
release of the Office's electronic recordation system in the future.
DATES: Effective February 24, 2020.
FOR FURTHER INFORMATION CONTACT: Regan A. Smith, General Counsel and
Associate Register of Copyrights, by email at [email protected], or
Jason E. Sloan, Assistant General Counsel, by email at
[email protected]. Each can be contacted by telephone by calling (202)
707-8350.
SUPPLEMENTARY INFORMATION:
I. Background
Under the Copyright Act of 1976, the U.S. Copyright Office is
responsible for recording documents pertaining to works under
copyright, such as assignments, licenses, and grants of security
interests.\1\ The Office is also responsible for recording notices of
termination.\2\ As discussed in a notice of proposed rulemaking
published in the Federal Register on May 18, 2017 (``NPRM''),\3\ the
current recordation process is a time-consuming and labor-intensive
paper-based one, requiring remitters to submit their documents in hard
copy.
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\1\ 17 U.S.C. 205.
\2\ A ``notice of termination'' is a notice that terminates a
grant to a third party of a copyright in a work or any rights under
a copyright. Only certain grants may be terminated, and only in
certain circumstances. Termination is governed by three separate
provisions of the Copyright Act, with the relevant one depending on
a number of factors, including when the grant was made, who executed
it, and when copyright was originally secured for the work. See 17
U.S.C. 203, 304(c), 304(d).
\3\ 82 FR 22771 (May 18, 2017).
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As previously detailed, the Office is engaged in an effort to
modernize the recordation process by developing a fully electronic,
online system through which remitters will be able to submit their
documents and all applicable indexing information to the Office for
recordation. In conjunction with the anticipated development effort,
the Office issued the NPRM to propose updates to the Office's
regulations to govern the submission of documents to the Office for
recordation once the new electronic system is developed and launched.
The NPRM explained that while the Office could not estimate when the
new system would be completed, public comments were being sought
because the Office needed to make a number of policy decisions critical
to the design of the to-be-developed system.\4\
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\4\ Id. at 22771.
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In addition, the NPRM further stated that while the proposed
amendments were designed with a new electronic submission system in
mind, at least some of the proposed changes could be implemented
sooner, without the new system. Thus, the Office noted that, to the
extent possible under the Office's current paper system, the Office
intended to adopt some aspects of the proposed rule on an interim basis
until such time as the electronic system is complete and a final rule
is enacted.\5\ The Office adopted such regulations pursuant to an
interim rule published in the Federal Register on November 13, 2017.\6\
For details about the changes made by that interim rule, please consult
the Federal Register notice.
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\5\ Id. at 22771-72.
\6\ 82 FR 52213 (Nov. 13, 2017).
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II. Pilot Program
Since adoption of the interim regulations in late 2017, the Office,
through the Library of Congress's Office of the Chief Information
Officer, has been engaged in development efforts to build the
electronic recordation system discussed in the NPRM. The first
iteration of that system is nearing completion and is planned to be
released on a limited basis through a pilot program, which the Office
will initiate through a separate announcement. The pilot release will
be made available to certain remitters (``pilot remitters'') intended
to be a representative sample of the spectrum of those who submit
documents for recordation. At launch, it is planned that these pilot
remitters will be able to electronically submit to the Office for
recordation most types of transfers of copyright ownership and other
documents pertaining to a copyright under 17 U.S.C. 205. Notices of
termination, however, will not be part of the pilot program when
initially launched. System development will be ongoing throughout the
pilot, and will eventually lead to a full public release of the
Office's electronic recordation system. Some features may be released
into the pilot as they are developed, while others may be held for or
may not be ready until the full public release. Starting with a limited
pilot release will help the Office to work with users to address
feedback while development continues.
III. Supplemental Interim Rule
The Office is issuing a supplemental interim rule to establish the
regulatory groundwork for the pilot, in advance of its commencement.
The supplemental interim rule makes no changes to the Office's
recordation rules for submissions made outside of the pilot program.
For pilot program submissions, the supplemental interim rule makes
electronic submissions permissible and provides that such submissions
are to be made in accordance with special pilot program rules that the
Office will separately establish and issue to pilot remitters. This
will allow the Office the flexibility to be able to update and modify
relevant pilot rules, procedures, and instructions as quickly as
needed, without resorting to further rulemaking.\7\ This flexibility is
necessary because development will be ongoing throughout the pilot and
the Office may need to address unanticipated issues that may arise. For
the same reasons, the supplemental interim rule also specifies that the
special pilot program rules will supersede any conflicting regulation,
rule, instruction, or guidance.
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\7\ For similar reasons, the Office previously adopted such an
approach to its instructions for preparing and submitting electronic
title lists that may be included with paper recordation submissions.
See 37 CFR 201.4(e)(3)(i) (``The electronic list must be prepared
and submitted to the Office in the manner specified by the Copyright
Office in instructions made available on its website.''); 82 FR at
52214 (``This change will allow the Office to develop more flexible
instructions for remitters that can be updated and modified as
needed without resorting to a rulemaking.'').
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[[Page 3855]]
The rule includes two other provisions specific to pilot remitters.
First, the supplemental interim rule makes clear that participation in
the pilot is optional and pilot remitters may continue to submit
documents for recordation in paper form. Second, the rule provides that
if there is any situation where the date of recordation for a
submission cannot be established or, if established, would ordinarily
be changed, the Office may, in its discretion, equitably assign a date
of recordation if the problem is caused by an issue with the electronic
system.
List of Subjects in 37 CFR Part 201
Copyright, General provisions.
Interim Regulations
For the reasons set forth in the preamble, the Copyright Office
amends 37 CFR part 201 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. 201.4 as follows:
0
a. In the second sentence of paragraph (a), remove ``A document'' and
add in its place ``Except as otherwise provided pursuant to paragraph
(h) of this section, a document''; and
0
b. Add paragraph (h).
The addition reads as follows:
Sec. 201.4 Recordation of transfers and other documents pertaining to
copyright.
* * * * *
(h) Pilot program for electronic submission. The Copyright Office
is implementing a limited pilot program through which certain types of
documents may be electronically submitted for recordation online by
certain remitters (``pilot remitters''). This paragraph (h) shall
govern such submissions to the extent they are permitted under the
pilot program.
(1) Electronic submission. Pilot remitters may submit permitted
types of documents for recordation using the Copyright Office's
electronic system pursuant to this section and special pilot program
rules provided to pilot remitters by the Office.
(2) Participation. No remitter may participate in the pilot program
without the permission of the Copyright Office. Participation in the
pilot program is optional and pilot remitters may continue to submit
documents for recordation pursuant to paragraph (e) of this section.
(3) Conflicting rules. To the extent any special pilot program rule
conflicts with this section or any other regulation, rule, instruction,
or guidance issued by the Copyright Office, such pilot program rule
shall govern submissions made pursuant to the pilot program.
(4) Reliance on remitter-provided information. Paragraph (f) of
this section shall apply to all certifications and information provided
to the Office through the electronic system.
(5) Date of recordation. In any situation where the date of
recordation for a submission cannot be established or, if established,
would ordinarily be changed, if due to an issue with the electronic
system, the Office may assign an equitable date as the date of
recordation.
0
3. Amend Sec. 201.10 as follows:
0
a. In the first sentence of paragraph (f) introductory text, remove ``A
copy'' and add in its place ``Except as otherwise provided pursuant to
paragraph (f)(6) of this section, a copy''; and
0
b. Add paragraph (f)(6).
The addition reads as follows:
Sec. 201.10 Notices of termination of transfers and licenses.
* * * * *
(f) * * *
(6) Pilot program for electronic submission. The Copyright Office
is implementing a limited pilot program through which certain types of
documents may be electronically submitted for recordation online by
certain remitters (``pilot remitters''). This paragraph (f)(6) shall
govern such submissions for notices of termination to the extent they
are permitted under the pilot program.
(i) Electronic submission. Pilot remitters may submit permitted
types of notices for recordation using the Copyright Office's
electronic system pursuant to this section and special pilot program
rules provided to pilot remitters by the Office.
(ii) Participation. No remitter may participate in the pilot
program without the permission of the Copyright Office. Participation
in the pilot program is optional and pilot remitters may continue to
submit notices for recordation pursuant to paragraph (f)(2) of this
section.
(iii) Conflicting rules. To the extent any special pilot program
rule conflicts with this section or any other regulation, rule,
instruction, or guidance issued by the Copyright Office, such pilot
program rule shall govern submissions made pursuant to the pilot
program.
(iv) Reliance on remitter-provided information. Paragraph (f)(5) of
this section shall apply to all certifications and information provided
to the Office through the electronic system.
(v) Date of recordation. In any situation where the date of
recordation for a submission cannot be established or, if established,
would ordinarily be changed, if due to an issue with the electronic
system, the Office may assign an equitable date as the date of
recordation.
Dated: January 14, 2020.
Maria Strong,
Acting Register of Copyrights and Director of the U.S. Copyright
Office.
Approved by:
Carla D. Hayden,
Librarian of Congress.
[FR Doc. 2020-01091 Filed 1-22-20; 8:45 am]
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