US Copyright Office

U.S. Copyright Office, NewsNet Issue 691

US Copyright Office Home Page - 13 November 2017

NewsNet Issue 691
November 13, 2017

Secure Tests Interim Rule

The United States Copyright Office has adopted a new interim rule governing its special procedure for examining secure tests. This interim rule establishes a new group registration option for secure test questions and answers and other related materials (referred to as “test items”). This option will permit registration of test items that are stored in an electronic database or test bank. The interim rule will go into effect immediately. The Office is continuing to accept comments on its earlier June 12, 2017, interim rule for secure tests as well as this new interim rule.

The new interim rule and instructions on how to submit a comment are available here. Written comments must be received no later than December 11, 2017, at 11:59 p.m. Eastern time.

 

Categories: US Copyright Office

U.S. Copyright Office, NewsNet Issue 690

US Copyright Office Home Page - 13 November 2017

NewsNet Issue 690
November 13th, 2017

Copyright Office Publishes Interim Rule on Document Recordation

Today, the U.S. Copyright Office published an interim rule amending its regulations concerning the recordation of transfers of copyright ownership, notices of termination, and other documents pertaining to copyright. On May 18, 2017, the Office issued an NPRM proposing amendments to the Office’s recordation regulations designed to update them in anticipation of development of a new electronic recordation system. The NPRM also noted that at least some aspects of the proposal could be implemented prior to the rollout of the new system. This interim rule adopts a number of the proposed improvements to the extent practicable under the current paper-based recordation system. The Office intends to replace the interim rule with a final rule once the new online system is publicly released. While the rule makes many changes and clarifications, the general mechanics of recordation remain essentially the same. One of the more notable amendments is that electronically signed documents can now be recorded, expanding the universe of recordable documents. Additionally, a document cover sheet containing various certifications and indexing information is now required, which should aid remitters in confirming their submissions are complete and compliant, and should also benefit the Office by making the examination process more efficient.

More information is available here.

 

Categories: US Copyright Office

U.S. Copyright Office, NewsNet Issue 689

US Copyright Office Home Page - 13 November 2017

NewsNet Issue 689
November 13th, 2017

Copyright Office Announces New Recordation Fee for Electronic Title Lists and Policy Change Concerning Section 115 NOI Fees

Today, the U.S. Copyright Office published a final rule establishing a separate, lower filing fee for recording documents with the Office when they are submitted with an electronic title list, i.e., a list of certain indexing information about the works to which such documents pertain. The reduced fee should incentivize use of these lists, leading to increased administrative efficiency and providing a less expensive avenue to obtaining the benefits of recording a document with the Copyright Office. As required by 17 U.S.C. § 708, in connection with this fee, the Office conducted a cost study and submitted a proposed fee schedule and analysis to Congress on August 18, 2017, which began a 120-day review period. If no law is enacted stating in substance that Congress does not approve of the fee during this time, the fee will become effective on December 18, 2017.

In addition, though unrelated to the final rule, the same notice announces a policy change, also effective December 18, 2017, to require the payment of fees for the filing of all notices of intention to obtain a compulsory license to make and distribute phonorecords under 17 U.S.C. § 115 (NOIs), including those that are filed in the Office after failed delivery to the copyright owner.

The notice announcing the final rule and policy change is available here.

 

Categories: US Copyright Office

U.S. Copyright Office, NewsNet Issue 688

US Copyright Office Home Page - 6 November 2017

NewsNet Issue 688
November 6th, 2017

U.S. Copyright Office Issues Notice of Proposed Rulemaking Relating to Group Registration of Newspapers

The Copyright Office has published a notice of proposed rulemaking to update its regulations governing group registration of newspapers. Among other things, the proposed rule will require applicants to file an online application rather than a paper application and upload a complete digital copy of each issue through the electronic registration system instead of submitting them in physical form (although applicants may additionally continue to submit their issues on microfilm on a voluntary basis if the microfilm is received by December 31, 2019). In addition, the notice explains that the Library of Congress plans to incorporate digital copies of these registration deposits into its collections and provide Library patrons with onsite access to them, subject to restrictions set forth in the proposed rule.

The Office seeks public comments on the proposed amendments, which will be considered in promulgating a final rule.

The proposed regulations and instructions on how to submit a comment are available here. Written comments must be received no later than December 6, 2017, at 11:59 p.m. Eastern time.

 

Categories: US Copyright Office

U.S. Copyright Office, NewsNet Issue 687

US Copyright Office Home Page - 26 October 2017

NewsNet Issue 687
October 26, 2017

U.S. Copyright Office Issues Notice of Proposed Rulemaking in the Seventh Triennial Rulemaking Proceeding Under Section 1201

The Copyright Office has published a notice of proposed rulemaking in the seventh triennial rulemaking proceeding under the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 1201. Section 1201 provides that the Librarian of Congress, upon the recommendation of the Register of Copyrights, may exempt certain classes of works from the prohibition against circumvention of technological measures that control access to copyrighted works.

As set forth in its prior notice of inquiry, the Office established a new, streamlined procedure for the renewal of exemptions that were granted during the sixth triennial rulemaking. The Office has now reviewed all comments regarding current exemptions received in response to that notice. With this notice of proposed rulemaking, the Office concludes that it has received a sufficient petition to renew each existing exemption, and it does not find any meaningful opposition to renewal. Accordingly, the Office intends to recommend readoption of all existing exemptions.

In addition, the notice outlines proposed classes for exemptions for which the Office now initiates three rounds of public comment. In the first round of comments, which are due December 18, 2017, the Office seeks legal and evidentiary submissions from parties who support the adoption of a proposed exemption as well as parties that neither support nor oppose an exemption but seek to share pertinent information about a proposal. Responsive legal and evidentiary submissions from those who oppose the adoption of a proposed exemption are due February 12, 2018. Written reply comments from supporters of a proposed exemption and parties that neither support nor oppose a proposed exemption are due March 14, 2018.

Participants in the proceeding are encouraged to familiarize themselves with section 1201(a)(1) and the rulemaking requirements so they can maximize the effectiveness of their submissions. For more information, commenters should carefully review the notice of proposed rulemaking and submission instructions available at https://www.copyright.gov/1201/2018/. Additional background information about section 1201 is available at https://www.copyright.gov/1201/, which contains helpful resources, such as video tutorials, the Office’s recent policy study on section 1201, and links to prior rulemaking proceedings.

 

 

Categories: US Copyright Office

Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies; Final rule

US Federal Register - 9 June 2017
In this final rule, the Librarian of Congress adopts exemptions to the provision of the Digital Millennium Copyright Act (‘‘DMCA’’) that prohibits circumvention of technological measures that control access to copyrighted works, codified in section 1201(a)(1) of title 17 of the United States Code.

Oct. 22, 2015
Categories: US Copyright Office
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