Technical Amendments Regarding the Copyright Office's Organizational Structure
| Published date | 22 June 2021 |
| Record Number | 2021-12939 |
| Section | Rules and Regulations |
| Court | Copyright Office,Library Of Congress |
Federal Register, Volume 86 Issue 117 (Tuesday, June 22, 2021)
[Federal Register Volume 86, Number 117 (Tuesday, June 22, 2021)]
[Rules and Regulations]
[Pages 32640-32643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-12939]
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LIBRARY OF CONGRESS
Copyright Office
37 CFR Parts 201, 202, 203, 210, and 370
[Docket No. 2021-3]
Technical Amendments Regarding the Copyright Office's
Organizational Structure
AGENCY: U.S. Copyright Office, Library of Congress.
ACTION: Final rule.
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SUMMARY: This final rule makes technical changes to the U.S. Copyright
Office's regulations pertaining to its organizational structure in
light of the agency's recent reorganization. It reflects recent
structural changes, updates certain of the Office's division names, and
adds a new section for the Copyright Claims Board established by the
Copyright Alternative in Small-Claims Enforcement Act of 2020.
DATES: Effective July 22, 2021.
FOR FURTHER INFORMATION CONTACT: Regan A. Smith, General Counsel and
Associate Register of Copyrights, by email at [email protected],
Kevin R. Amer, Deputy General Counsel, by email at [email protected],
or Joanna R. Blatchly, Attorney-Advisor, by email at
[email protected] or by telephone at (202) 707-8350.
SUPPLEMENTARY INFORMATION: The Copyright Office is publishing this
final rule pursuant to its May 2021 reorganization. This effort is
intended to accomplish two goals: (1) Rename divisions and realign
certain reporting structures to improve the Office's effectiveness and
efficiency; and (2) reflect the agency structure for the new copyright
small-claims tribunal established by the Copyright Alternative in
Small-Claims Enforcement (``CASE'') Act of 2020.\1\ The Register has
determined that these changes will optimize business processes and aid
in the administration of her functions and duties as Director of the
Copyright Office.\2\
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\1\ Public Law 116-260, sec. 212, 134 Stat. 1182, 2176 (2020).
\2\ See 17 U.S.C. 701(a).
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Operational reorganization. The reorganization reduces the number
of direct reports to the Register of Copyrights and is expected to
create administrative and cost efficiencies by consolidating
operational organizations currently headed by senior-level positions.
The reorganization brings the Office of the Chief Financial Officer
(renamed the Financial Management Division) and the Copyright
Modernization Office (renamed the Product Management Division) under
the supervision of the Chief of Operations (renamed the Assistant
Register and Director of Operations (``ARDO'')). Realigning these
divisions under the ARDO consolidates operational support elements
under one senior manager, in line with operational structures across
the Library of Congress. This consolidation is expected to facilitate
Office coordination with centralized Library services, and with similar
functional elements of other service units. It is also expected to
allow the Office to increase the effectiveness of communications across
areas of operational responsibility, in alignment with strategic
objectives.
The reorganization renames certain organizational elements and
senior positions for purposes of greater clarity and consistency. The
Office of Public Records and Repositories is renamed the Office of
Copyright Records. As noted above, the Office of the Chief of
Operations is renamed the Office of the Director of Operations. The
following subordinate offices are also renamed: The Copyright
Acquisitions Division (``CAD'') is renamed Acquisitions and Deposits
(``A&D''); the Administrative Services Office (``ASO'') is renamed the
Administrative Services Division (``ASD''); and the Receipt Analysis
and Control Division (``RAC'') is renamed the Materials Control and
Analysis Division (``MCA''). The Copyright Modernization Office
(``CMO'') is renamed the Product Management Division (``PMD'').
Further, the Office of the Chief Financial Officer (``CFO'') is
renamed the Financial Management Division (``FMD'') and work units
under this division are also renamed, including by
[[Page 32641]]
renaming the Licensing Division (``LD'') the Licensing Section
(``LS'').
Copyright Claims Board. Second, the reorganization creates a
reporting structure for the Copyright Claims Board (``CCB'')
established by the CASE Act. The CCB is a voluntary, alternative forum
to federal court to seek resolution of copyright disputes that have a
low economic value.\3\ The CCB has the authority to hear copyright
infringement claims, claims seeking a declaration of noninfringement,
and misrepresentation claims under section 512(f) of title 17, as
amended by the Digital Millennium Copyright Act.\4\ The CCB will be
headed by three Copyright Claims Officers who ensure that claims,
counterclaims, and defenses are properly asserted, manage CCB
proceedings and issue rulings, request production of information and
relevant documents, conduct hearings and conferences, facilitate
settlements, maintain records, provide public information, and
ultimately render determinations and award monetary relief.\5\ The CCB
will report to the Copyright Office's General Counsel.
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\3\ See, e.g., H.R. Rep. No. 116-252, at 18-20 (2019); S. Rep.
No. 116-105, at 7-8 (2019). Note, the CASE Act legislative history
cited is for H.R. 2426 and S. 1273, the CASE Act of 2019, a bill
nearly identical to the CASE Act of 2020. See H.R. 2426, 116th Cong.
(2019); S. 1273, 116th Cong. (2019).
\4\ 17 U.S.C. 1504(c)(1)-(3).
\5\ Id. at 1503(a), 1506.
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This rule is a technical change that constitutes a change to a
``rule[ ] of agency organization'' \6\ which 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.'' \7\ Accordingly, the Office is publishing it as final without
first issuing a notice of proposed rulemaking.
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\6\ 5 U.S.C. 553(b)(A) (notice and comment not required for
``interpretative rules, general statements of policy, or rules of
agency organization, procedure, or practice''); see JEM Broad. Co.
v. F.C.C., 22 F.3d 320, 326 (D.C. Cir. 1994) (noting that ``the
'critical feature' of the [553(b)(A)] procedural exception `is that
it covers agency actions that do not themselves alter the rights or
interests of parties, although it may alter the manner in which the
parties present themselves or their viewpoints to the agency' '')
(citation omitted).
\7\ JEM Broad. Co, 22 F.3d at 326.
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List of Subjects
37 CFR Part 201
Copyright, General provisions.
37 CFR Part 202
Claims, Copyright.
37 CFR Part 203
Freedom of information.
37 CFR Part 210
Copyright, Recordings.
37 CFR Part 370
Copyright, Recordings.
Final Regulations
For the reasons set forth in the preamble, the Copyright Office
amends 37 CFR parts 201, 202, 203, 210, and 370 as follows:
PART 201--GENERAL PROVISIONS
0
1. The authority citation for part 201 continues to read as follows:
Authority: 17 U.S.C. 702.
0
2. Amend Sec. 201.1 as follows:
0
a. In paragraph (b)(2), in the table:
0
i. Remove the entry ``Copyright Acquisitions'' and add in its place the
entry ``Acquisitions and Deposits''.
0
ii. Revise the entry for ``Deposit Demands''.
0
iii. Remove the entry ``Licensing Division'' add in its place the entry
``Licensing Section''.
0
b. In paragraph (c)(3), remove ``RAC'' and add in its place ``MCA''.
0
c. In paragraph (c)(5), remove ``Licensing Division'' from each place
it appears and add in its place ``Licensing Section''.
The additions and revision read as follows:
Sec. 201.1201 Communication with the Copyright Office.
* * * * *
(b) * * *
(2) * * *
------------------------------------------------------------------------
Type of submission Code
------------------------------------------------------------------------
* * * * *
Acquisitions and Deposits.................. A&D
Deposit Demands............................ A&D/AD
Licensing Section.......................... LS
* * * * *
------------------------------------------------------------------------
* * * * *
0
3. Amend Sec. 201.3 as follows:
0
a. Revise the section heading.
0
b. In paragraphs (a) and (b)(3), remove ``Licensing Division'' from
each place it appears and add in its place ``Licensing Section''.
0
c. Revise paragraph (c)(19).
0
d. In paragraph (e):
0
i. In the paragraph heading and introductory text, remove ``Licensing
Division'' and add in its place ``Licensing Section''.
0
ii. In the table, revise the heading for the first column and entry
(7).
The revisions read as follows:
Sec. 201.3201 Fees for registration, recordation, and related
services, special services, and services performed by the Licensing
Section.
* * * * *
(c) * * *
Table 1 to Paragraph (c)
------------------------------------------------------------------------
Registration, recordation, and related services Fees ($)
------------------------------------------------------------------------
* * * * * * *
(19) Search report prepared from official records other 200
than Licensing Section records (per hour, 2 hour minimum).
* * * * * * *
------------------------------------------------------------------------
* * * * *
(e) * * *
Table 1 to Paragraph (e)
------------------------------------------------------------------------
Licensing section services Fees ($)
------------------------------------------------------------------------
[[Page 32642]]
* * * * * * *
(7) Search report prepared from Licensing Section records 200
(per hour, 2 hour minimum)................................
------------------------------------------------------------------------
* * * * *
Sec. 201.6 [Amended]
0
4. Amend Sec. 201.6(c)(3) by removing ``Licensing Division'' and
adding in its place ``Licensing Section''.
Sec. 201.11 [Amended]
0
5. Amend Sec. 201.11 by removing ``Licensing Division'' from each
place it appears and adding in its place ``Licensing Section''.
Sec. 201.12 [Amended]
0
6. Amend Sec. 201.12(a) by removing ``Licensing Division'' and adding
in its place ``Licensing Section''.
Sec. 201.17 [Amended]
0
7. Amend Sec. 201.17 by removing ``Licensing Division'' from each
place it appears and adding in its place ``Licensing Section''.
Sec. 201.18 [Amended]
0
8. Amend Sec. 201.18 by removing ``Licensing Division'' from each
place it appears and adding in its place ``Licensing Section''.
Sec. 201.28 [Amended]
0
9. Amend Sec. 201.28 by removing ``Licensing Division'' from each
place it appears and adding in its place ``Licensing Section''.
Sec. 201.29 [Amended]
0
10. Amend Sec. 201.29(e) introductory text by removing ``Licensing
Division'' from each place it appears and adding in its place
``Licensing Section''.
PART 202--PREREGISTRATION AND REGISTRATION OF CLAIMS TO COPYRIGHT
0
11. The authority citation for part 202 continues to read as follows:
Authority: 17 U.S.C. 408(f), 702.
Sec. 202.19 [Amended]
0
12. Amend Sec. 202.19 by removing ``the Copyright Acquisitions
Division'' from each place it appears and adding in its place
``Acquisitions and Deposits''.
Sec. 202.22 [Amended]
0
13. Amend Sec. 202.22(d)(6)(iii) by removing ``the Copyright
Acquisitions Division'' and adding in its place ``Acquisitions and
Deposits''.
Sec. 202.23 [Amended]
0
14. Amend Sec. 202.23(b)(2) by removing ``Office of Public Records and
Repositories'' and adding in its place ``Office of Copyright Records''.
Sec. 202.24 [Amended]
0
15. Amend Sec. 202.24(d)(3) by removing ``the Copyright Acquisitions
Division'' and adding in its place ``Acquisitions and Deposits''.
PART 203--FREEDOM OF INFORMATION ACT: POLICIES AND PROCEDURES
0
16. The authority citation for part 203 continues to read as follows:
Authority: 5 U.S.C. 552.
0
17. Amend Sec. 203.3 as follows:
0
a. Revise paragraph (b).
0
b. In paragraph (c):
0
i. Remove ``also'' from the fourth sentence.
0
ii. Add a sentence at the end of the paragraph.
0
iii. Add paragraph (c)(1) and reserve paragraph (c)(2).
0
c. In paragraph (f), add a sentence at the end of the paragraph.
0
d. In paragraph (g):
0
i. Remove ``Public Records and Repositories'' and add in its place
``Copyright Records''.
0
ii. Add a sentence before the last sentence.
0
e. Remove and reserve paragraphs (h) and (i).
The revision and additions read as follows:
Sec. 203.3 Organization.
* * * * *
(b) The Office of the Director of Operations is headed by the
Assistant Register and Director of Operations (``ARDO''), who advises
the Register on core business functions and coordinates and directs the
day-to-day operations of the Copyright Office. This Office supervises
human capital, finances, the administration of certain statutory
licenses, mandatory acquisitions and deposits, product management, and
materials control and analysis functions. It interacts with other
senior management offices that report to the Register and frequently
coordinates and assesses institutional projects. This Office has five
divisions: Acquisitions and Deposits; Administrative Services;
Financial Management; Materials Control and Analysis; and Product
Management.
(1) Acquisitions and Deposits (``A&D'') administers the mandatory
deposit requirements of the Copyright Act, acting as an intermediary
between copyright owners of certain published works and the
acquisitions staff in the Library of Congress (17 U.S.C. 407). It
creates and updates records for copies received by the Copyright
Office, demands particular works or particular formats of works as
necessary, and administers deposit agreements between the Library and
copyright owners.
(2) The Administrative Services Division (``ASD'') manages human
capital and physical space issues for the Copyright Office, and serves
as the liaison with other components of the Library for those matters.
(3) The Financial Management Division (``FMD'') oversees fiscal,
financial, and budgetary activities for the Copyright Office. It
contains the Licensing Section, which administers certain statutory
licenses set forth in the Copyright Act. The Licensing Section collects
royalty payments and examines statements of account for the cable
statutory license (17 U.S.C. 111), the satellite statutory license for
retransmission of distant television broadcast stations (17 U.S.C.
119), and the statutory license for digital audio recording technology
(17 U.S.C. chapter 10). The Licensing Section also accepts and records
certain documents associated with the use of the mechanical statutory
license for making and distributing phonorecords of nondramatic musical
works (17 U.S.C. 115) and the statutory licenses for publicly
performing sound recordings by means of digital audio transmission (17
U.S.C. 112, 114).
(4) The Materials Control and Analysis Division (``MCA'') processes
incoming mail, creates initial records, and dispatches electronic and
hardcopy materials and deposits to the appropriate service areas. It
operates the Copyright Office's central print room and outgoing mail
functions.
[[Page 32643]]
(5) The Product Management Division (``PMD'') advises on business
process integration and improvements in connection with technology
initiatives affecting the Copyright Office. It coordinates business
activities, including resource planning, stakeholder engagement
activities, and project management. The PMD oversees the Office's data
management, performance statistics, and business intelligence
capabilities.
(c) * * * The Office of the General Counsel also supervises the
Copyright Claims Board (``CCB'') as it discharges its statutory
mandate.
(1) The CCB is a voluntary, alternative forum to Federal court for
parties to seek resolution of copyright disputes that have a low
economic value. The CCB is headed by three Copyright Claims Officers
who ensure that claims are properly asserted and appropriate for
resolution; manage proceedings; render determinations and award
monetary relief; provide public information; certify and maintain CCB
records, including making proceeding records publicly available; and
other related duties.
(2) [Reserved]
* * * * *
(f) * * * This Office is comprised of two sections: The Public
Information Office and the Outreach and Education section.
(g) * * * It contains three divisions: Recordation; Records
Management; and Records, Research and Certification. * * *
* * * * *
PART 210--COMPULSORY LICENSE FOR MAKING AND DISTRIBUTING PHYSICAL
AND DIGITAL PHONORECORDS OF NONDRAMATIC MUSICAL WORKS
0
18. The authority citation for part 210 continues to read as follows:
Authority: 17 U.S.C. 115, 702.
Sec. 210.6 [Amended]
0
19. Amend Sec. 210.6(g)(4)(i) by removing ``Licensing Division'' and
adding in its place ``Licensing Section''.
Sec. 210.7 [Amended]
0
20. Amend Sec. 210.7(g)(5)(i) by removing ``Licensing Division'' and
adding in its place ``Licensing Section''.
PART 370--NOTICE AND RECORDKEEPING REQUIREMENTS FOR STATUTORY
LICENSES
0
21. The authority citation for part 370 continues to read as follows:
Authority: 17 U.S.C. 112(e)(4), 114(f)(3)(A).
Sec. 370.2 [Amended]
0
22. Amend Sec. 370.2 by removing ``Licensing Division'' from each
place it appears and adding in its place ``Licensing Section''.
Sec. 370.3 [Amended]
0
23. Amend Sec. 370.3(b) by removing ``Licensing Division'' and adding
in its place ``Licensing Section''.
Sec. 370.4 [Amended]
0
24. Amend Sec. 370.4(c) by removing ``Licensing Division'' and adding
in its place ``Licensing Section''.
Sec. 370.5 [Amended]
0
25. Amend Sec. 370.5 by removing ``Licensing Division'' from each
place it appears and adding in its place ``Licensing Section''.
Dated: June 8, 2021.
Shira Perlmutter,
Register of Copyrights and Director of the U.S. Copyright Office.
Approved by:
Carla Hayden,
Librarian of Congress.
[FR Doc. 2021-12939 Filed 6-21-21; 8:45 am]
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