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.
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.
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.