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(3) The gaining human resources option will allow the Office to examine option and described key aspects of the activity will coordinate with the each work for copyrightable authorship, proposal. First, applicants would be appropriate military medical and create a more robust record of the claim, required to use a new online application educational personnel on availability of and improve the overall efficiency of the specifically designed for registering services and inform the selectee in registration process. In addition, the groups of unpublished works, in lieu of writing of the availability of medical, final rule makes certain technical the Standard Application or a paper educational, and early intervention amendments to the regulations application. Second, applicants would resources and services to allow the governing the group registration option be required to upload an electronic copy civilian employee to make an informed for photographs. or phonorecord of each work, in lieu of choice whether to accept the position. DATES: Effective March 15, 2019. providing a physical deposit. Third, the The notice will include: FOR FURTHER INFORMATION CONTACT: filing fee for this option would be $55, (i) Comprehensive medical, dental, Robert J. Kasunic, Associate Register of the same fee that currently applies to and educational information on the Copyrights and Director of Registration individual works claims submitted on overseas community where the position Policy and Practice by email at rkas@ the Standard Application. Fourth, is located. copyright.gov; Erik Bertin, Deputy applicants could include no more than (ii) A description of the local DoDEA Director of Registration Policy and five works in each claim, with a limited facility and programs, specifying the Practice by email at ebertin@ exception to allow applicants to register programs for children with special copyright.gov; or Mark Gray, Attorney- up to five sound recordings together education needs. Advisor, by email at mgray@ with the musical work, dramatic work, (iii) A description of the local EIS copyright.gov; all can be reached by or literary work embodied in each available for infants and toddlers with telephone at 202–707–8040. recording. Fifth, the author and disabilities. SUPPLEMENTARY INFORMATION: claimant for each work in the group (iv) A statement indicating that the must be the same. Sixth, the works must lack of EIS or special education I. Background be registered in the same administrative resources (including related services The Copyright Act authorizes the class, and the authorship statement for assigned to the military medical Register of Copyrights to specify by each work must be exactly the same. departments) cannot serve as a basis for regulation the administrative classes of Seventh, the proposed rule confirmed the denial of family travel at works available for the purpose of that a registration for a group of government expense and required seeking a registration and the nature of unpublished works will cover each services will be provided even if a local the deposits required for each class. The work in the group and each one would program is not currently established in Register also has discretion to allow be registered as a separate work. Finally, accordance with 32 CFR part 57. groups of related works to be registered it clarified that applicants could not (d) Use of EFMP Family Support with one application and one filing fee, assert a claim in the selection, Services. Civilian employees may utilize a procedure known as ‘‘group coordination, or arrangement of the EFMP family support services on a registration.’’ 1 Pursuant to this works within the group, and that the space-available basis. authority, the Register has issued group as a whole will not be considered Dated: February 7, 2019. regulations permitting the Copyright a compilation, a collective work, or a Office to issue group registrations for Aaron T. Siegel, derivative work. certain limited categories of works, Alternate OSD Federal Register Liaison The Office received 113 comments in provided that certain conditions have response to the NPRM, discussed in Officer, Department of Defense. 2 been met. more detail below. The majority of [FR Doc. 2019–02107 Filed 2–12–19; 8:45 am] On October 12, 2017, the Office comments were submitted by BILLING CODE 5001–06–P issued a notice of proposed rulemaking individuals, including photographers, (NPRM) proposing to create a new group illustrators, graphic designers, and other registration option for unpublished visual artists. The Office also received LIBRARY OF CONGRESS works, labeled ‘‘GRUW,’’ to replace a comments from (1) Author Services, longstanding registration Inc., representing the literary, theatrical, Copyright Office accommodation known as the and musical works of the late L. Ron ‘‘unpublished collection’’ option.3 Hubbard; (2) the law firm of Browning- 37 CFR Parts 201 and 202 Applicants have been able to use the Smith, which represents artists, [Docket No. 2017–15] unpublished collection option to register an unlimited number of sculptors, and illustrators; (3) the Group Registration of Unpublished unpublished works with one Copyright Alliance; (4) the Graphic Works application and filing fee.4 The Artists Guild, Inc.; (5) the Kernochan regulation governing the existing option, Center for Law, Media and the Arts at AGENCY: U.S. Copyright Office, Library however, was based on longstanding Columbia Law School (‘‘Kernochan of Congress. Office practices, and it was not Center’’); (6) Science Fiction and ACTION: Final rule. specifically adopted under the Office’s Fantasy Writers of America, Inc. authority to issue group registrations (‘‘SFWA’’), American Society of SUMMARY: The U.S. Copyright Office is under section 408(c)(1) of the Copyright Journalists and Authors (‘‘ASJA’’), and modernizing its practices and Act. The National Writers Union (‘‘NWU’’) procedures to increase the efficiency The NPRM explained the rationale for (collectively the ‘‘SFWA Commenters’’); and quality of the registration process. replacing the unpublished collection (7) NWU, ASJA, SFWA, and the As part of this effort, this final rule option with a new group registration Textbook & Academic Authors establishes a new group registration Association (collectively the ‘‘NWU option for a limited number of 1 See 17 U.S.C. 408(c)(1). Commenters’’); and (8) The Authors unpublished works, replacing the prior 2 See generally 37 CFR 202.3(b)(5), 202.4. Guild, Inc., SFWA, The Association of accommodation for ‘‘unpublished 3 See 82 FR 47415 (Oct. 12, 2017). Garden Communicators, Society of collections.’’ The new group registration 4 37 CFR 202.3(b)(4)(i)(B). Children’s Book Writers and Illustrators,

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and Songwriters Guild of America, Inc. Services—supported the five-work limit. group registration option,15 and is not (collectively the ‘‘Authors Guild While some of the commenters limited to certain kinds of works. These Commenters’’).5 sympathized with the Office’s rationale features have ‘‘always made it an oddity While no commenter fully opposed for limiting the number of works in Copyright Office practice’’ 16 and the Office’s proposal to eliminate the allowable in each claim, they contested complicated the Office’s efforts to unpublished collections option, nearly the proposed limit. Several suggested efficiently administer the registration all objected to the proposed limit on the that the proposal was unfair, given that system. number of works that may be included photographers may register up to 750 While the Office considered in each claim.6 Another common unpublished photos with one eliminating the unpublished collections concern was the perceived difficulty of application, while other creators would option entirely, it ultimately determined determining whether a particular work be limited to five.9 The Copyright that creating a group registration option is published or unpublished, especially Alliance, Graphic Artists Guild, and for unpublished works would be for works distributed online. Those Authors Guild Commenters, and several beneficial for a particular class of concerns are discussed in more detail individuals argued that it would be cost- copyright owners: ‘‘[i]ndividual creators below. prohibitive for authors who create a or small businesses who might not Having carefully considered each of large volume of material to file multiple otherwise use the more expensive the comments, the Office now issues a applications to register their works, and standard registration application to final rule that closely follows the suggested the limit would discourage register their unpublished works on an proposed rule, with some modifications. authors from seeking registration.10 individual basis.’’ 17 The group First, the final rule increases the number As an alternative, one commenter registration option aims to do that, of works that may be included in each suggested a limit of 20 works would be without undermining the general rule of submission from five to ten. The final appropriate for claims involving sound ‘‘one work per registration.’’ rule also makes other minor recordings and musical works, as the After carefully reviewing the adjustments, including clarifying that average compact disc can hold up to 20 comments and weighing the issues applicants must obtain guidance from songs.11 But the Authors Guild involved, the Office has decided to the Office of Registration Policy & Commenters encouraged the Office to increase the limit on the number of Practice before correcting or amplifying allow ‘‘at least several hundred in the works that can be included in the group the information in a registration for a case of text-based works, perhaps more from five to ten. As stated in the NPRM, group of unpublished works and making depending on the nature of the work,’’ the Office is committed to conducting a several technical amendments to or preferably ‘‘all works created in a complete and thorough examination of streamline group registration of calendar quarter.’’ 12 each work that is submitted under this 18 photographs by removing some prior As an initial matter, the Office group registration option. To maintain technical limitations. emphasizes that the general rule reasonable fees for this service, this requires each individual work—whether requires an appropriate limit on the II. The Final Rule unpublished or not—to be submitted number of works included in each A. The Number of Works in the Group with a separate registration application claim. The final rule also provides a and a separate fee.13 The Standard and limited exception for sound recordings, The NPRM proposed to limit the Single Applications can be used to allowing applicants to include up to ten number of works that may be included register individual works. The Office sound recordings in each claim, together in each claim to five works. The Office has adopted certain narrow exceptions with the musical work, dramatic work, acknowledged that this would be a to this general rule, where it has or literary work embodied in each significant change, given that applicants determined that, absent the ability to recording. currently may register an unlimited file multiple works on one application In increasing the limit, the Office number of works as an unpublished with one filing fee, registration would considered several factors. First, the rule collection. The Office explained that not be made. In nearly every such must anticipate the amount of effort limiting the number of works in the circumstance, the Office has created a required to examine the wide-range of group would allow the Office to group registration option for a particular claims that may be included in this efficiently examine each work for kind of work—e.g., serials, newspapers, group. As noted, under the GRUW copyrightable authorship and improve photographs.14 But the existing option, applicants may register nearly the quality of the public registration unpublished collections option is not a any type of work.19 But as the Authors record.7 Guild Commenters acknowledged, the A majority of commenters objected to at 3; Final Rule: Group Registration of Photographs, amount of time needed to examine each this proposal. Only two organizations— 83 FR 2542 (Jan. 18, 2018). 8 the Kernochan Center and Author 9 See, e.g., Browning-Smith Comment at 1; NWU 15 See 82 FR at 47416. et al. Comment at 5; Judy Sorrels Comment at 1; 16 Id. 5 All of the comments received in response to the Benjamin Hummel Comment at 1; Cherish Flieder 17 See 82 FR at 47418. Comment at 1. NPRM can be found on the Copyright Office’s 18 The commenters supported this objective. For 10 website at https://www.copyright.gov/rulemaking/ See, e.g., Authors Guild et al. Comment at 4– example, the Authors Guild Commenters group-unpublished/. 5; Copyright Alliance Comment at 2; Graphics acknowledged that examining each work and 6 Though most commenters did not support Artists Guild Comment at 2; Barbara Tourtillotte documenting its findings in the record ‘‘will retaining the unpublished collections option on its Comment at 1; Megan D. Comment at 1; Laura facilitate licensing of works while reducing the own merits, the Authors Guild Commenters Matthews Comment at 1. potential for works to become orphaned.’’ Authors requested that unpublished collections remain a 11 Sergey Vernyuk Comment at 1. Guild et al. Comment at 4. registration option if the five-work limit is not 12 Authors Guild et al. Comment at 6. 19 The Office explained in the NPRM that dramatically increased. Authors Guild et al. 13 See U.S. Copyright Office, Compendium of U.S. compilations, collective works, databases, and Comment at 3. Copyright Office Practices, Third Edition sec. 511 websites will not be eligible for this group 7 82 FR at 47417. (‘‘As a general rule, a registration covers one registration option, because they typically contain 8 The Kernochan Center supported the proposal individual work, and an applicant should prepare multiple works of authorship. Similarly, based on the (correct) assumption that the limit a separate application, filing fee, and deposit for architectural works cannot be registered with this would not apply to unpublished photographs, each work that is submitted for registration.’’) option, because the regulations expressly prohibit which are eligible for registration under a separate (‘‘Compendium’’). the Office from registering multiple architectural group registration option. Kernochan Ctr. Comment 14 See generally 37 CFR 202.4. works with one application. 82 FR at 47417 n.6.

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work for copyrightable authorship, will increases the number of works application.24 The Office is also vary depending on the ‘‘class and nature permitted on one application, the preparing a proposed group option for of the work.’’ 20 For example, sound Office’s examination costs will increase musical works and sound recordings recordings, musical works, audiovisual commensurately. Indeed, as the Authors included as part of a music album.25 works, and choreographic works take Guild Commenters acknowledged, the These separate proposals should significantly more time to examine than resources required to adequately address some of the concerns raised by literary or photographic works, because examine an application involving many commenters about the limit for this each file must be opened, buffered, and different works ‘‘cannot be supported unpublished option.26 played to determine if the work contains with the fee for a single registration.’’ 22 The Office similarly recognizes that a sufficient amount of creative Those costs must be covered in some visual artists other than photographers expression. An examiner can more fashion, likely by raising the fee for are often prolific, and the comments easily review a large set of photographs GRUW applications. But that result provided useful information about the for copyrightable authorship than a would discriminate against creators needs of these artists and the volume of large quantity of software or other visual trying to register relatively few works, material they typically create.27 The works. These important differences since the same fee would apply whether comments suggest that—from an artist between claims involving unpublished creators register 5, 10, 20, or 100 works. perspective—a group option for graphic photographs and other types of works In light of these considerations, the and other visual art works could be justify differential treatment in Office has determined that limiting the limited to between 20–100 works, but registration.21 Because the GRUW GRUW application to ten copyrighted the Office does not have currently registration option will not be limited in works strikes the appropriate balance. sufficient information on the length of the categories of works that can be The Office recognizes that applicants time that would be needed to examine included, the GRUW option instead previously submitted dozens, hundreds, these types of works if they were accommodates the full range of or even thousands of works through the grouped together.28 Consequently, the potential categories of works and unpublished collections option, and Office will monitor the amount of time resource demands on the Office. that going forward, some applicants will needed to examine visual art claims Second, the Office must consider the need to file multiple applications submitted under GRUW. The Office will impact of the group option on the instead of registering all of their works use that information to determine overall registration scheme, in light of with one submission. The Office takes whether it would be appropriate to current staffing levels and the seriously the additional cost and burden create a separate group registration capabilities of the current registration this may impose, especially on option for visual art works other than system. In contrast to claims involving individual filers and small businesses. photographs. a single work, claims involving dozens, But the Office never intended B. Distinguishing Between Published hundreds, or even thousands of unpublished collections claims to and Unpublished Works unpublished works may require several include such a large quantity of works, hours or more to complete. Allowing and this new limit is necessary to The final rule confirms that this group more than ten works to be registered ensure that the Office can reasonably registration option may only be used to with one application and one basic and efficiently fulfill its statutory register unpublished works. The Office filing fee would burden the Office’s obligations to ensure that each work recognizes that applicants may struggle resources, and the additional workload constitutes copyrightable subject matter with determining whether a work is associated with those claims would and meets the other legal and formal published or unpublished, and this have an adverse effect on pendency requirements for registration. determination can be less than times for other types of works While the Office has determined that straightforward in many instances. But throughout the Registration Program. ten is the most appropriate limit for the ‘‘publication’’ is a statutorily defined Third, and relatedly, the Office must GRUW option, it will continue term, and the Office is required under account for the financial impact of exploring whether additional group section 409 to ask for the publication permitting a greater number of works to options (or other accommodations) are status of works on the registration be filed on one application with one necessary to ensure that the standard filing fee. In seeking an increase in the rule of one application per work does 24 83 FR 65612 (Dec. 21, 2018). 25 number of works filed in a single GRUW not drive certain creators to forgo See Update to Compendium of U.S. Copyright 23 Office Practices, 82 FR 45625, 45628 (Sept. 29, application, commenters presumably registration altogether. For example, 2017) (explaining plans in response to comments request that the Office maintain the since the proposed GRUW option was regarding registering music on an album). same fee. There is no fiscally published, the Office not only finalized 26 See, e.g., Sergey Vernyuk Comment at 1 responsible way to do that. If the Office its proposed rule regarding group (suggesting raising the GRUW limit to 20 works to registration of published and allow for group registration of ‘‘an unpublished CD’s-worth of music’’); Copyright Alliance 20 Authors Guild et al. Comment at 4 & n.2. unpublished photographs, with a limit Comment at 2 (outlining needs for a group 21 Many comments pointed to the difference in of up to 750 photographs per registration for musical works and sound recordings the number of works registrable under GRUW and application, it also issued a separate as well as new options for bloggers and other online the 750-work limit for group registrations of NPRM proposing to create a group creators); Authors Guild et al. Comment at 8 photographs. See, e.g., Cherish Flieder Comments (requesting creation of additional group registration wat 1 (pointing to disparity and requesting equal registration option for qualifying short options for various classes of works). rules for all visual works); Browning-Smith online literary works; under that 27 See, e.g., Rachel Fritz Comment at 1; Barbara Comment at 1 (characterizing 750-work limit for proposed rule, applicants may submit Tourtillotte Comment at 1; Shari Warren Comment photographs as ‘‘special treatment’’). But other up to 50 works with the same at 1; Jeffrey West. comments support the Office’s flexibility in crafting 28 See, e.g., Jeffrey West Comment at 1–2 registration options tailored to the nuances of the (estimating creation of fine art works to be several works at issue. See Jeffrey West Comment at 1–2 22 Authors Guild et al. Comment at 3. hundred images per year and suggesting limit of (proposing higher limit for illustrations, graphic 23 See 82 FR at 47416–17 (citing H.R. Rep. No. 250–300); Benjamin Hummel Comment at 1 designs, and fine artwork based on the ‘‘reasonable 94–1476, at 154 (1976), as reprinted in 1976 (children’s book illustrators generally require number of images’’ created in a professional U.S.C.C.A.N. 5659, 5770; S. Rep. No. 94–473, at 136 creation of 20–40 images); Graphic Artists Guild practice); Graphic Artists Guild Comment at 1–2 (1975) (regulatory authority to create group Comment at 1 (citing survey that creating logo (member survey showed artists generate average of registration of related works is because such options results in average of 15 works and noting that some 15 works in the process of designing a logo). are ‘‘needed and important’’). logos require close to 50 sketches).

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application.29 As noted in the uncertainty regarding the definition of be included in each claim. Browning- Compendium and other publications, publication.36 Indeed, since this NPRM Smith and the Copyright Alliance urged the applicant is responsible for was published, the Office has adopted a the Office to offer a sliding fee schedule, determining whether a work is final rule regarding group registration where the amount of the fee would vary unpublished, and the Office generally options for published and unpublished depending on the number of works accepts that determination unless it is photographs that grappled with many of submitted.41 The SFWA Commenters contradicted by information contained the same issues.37 But the Office noted that the Office uses a similar within the registration materials.30 appreciates that applicants have raised sliding-fee structure for recordation, Several commenters expressed important questions about their where remitters pay extra for each concern about this requirement. The challenges in applying the definition of additional group of ten titles listed in Copyright Alliance, Graphic Artists publication, particularly in the context the document.42 The Copyright Alliance Guild, and Authors Guild Commenters of works that are only made available also encouraged the Office to adopt a noted that applicants find it difficult to online, and plans to issue a notice of subscription-based fee that would allow determine whether a work is published inquiry to solicit comments regarding applicants to pay a periodic fee for or unpublished, especially for works issues related to online publication, and registering all the works they produce distributed online.31 To that end, the ultimately to provide additional during a given timeframe.43 The Office Graphic Artists Guild requested that the guidance for applicants. Meanwhile, the welcomes these suggestions and will Office issue further guidance ‘‘on what Office believes that prompt take them into account in developing constitutes publication for online promulgation of this final rule will aid the business requirements for its next works.’’ 32 Similarly, the Authors Guild the Office in fulfilling its statutory generation registration system.44 The Commenters suggested that the obligations and administering the current registration system, however, ‘‘explanations of the meaning of copyright registration system. does not permit the Office to adopt ‘publication’ and associated terms’’ in these types of alternative fee structures. the Compendium ‘‘requires a knowledge C. Filing Fee of copyright law that few applicants’’ The NPRM proposed a $55 filing fee D. Other Eligibility Requirements possess, particularly with respect to for registering a group of unpublished While the remaining eligibility ‘‘works disseminated online.’’ 33 The works, the same fee that currently requirements sparked little or no Authors Guild Commenters applies to clams submitted on the opposition, the Office offers the acknowledged that the Office ‘‘cannot Standard Application.38 The Office following points of clarification: unilaterally amend the definition of stated that it would monitor the cost of The final rule provides that the works ‘publication’ ’’ because it is ‘‘embodied’’ examining these claims once the final must be registered in the same in the Copyright Act.34 But they rule had been implemented. Since the administrative class, and the authorship suggested that the Office could NPRM, the Office has conducted a fee statement for each work must be exactly promulgate a regulatory definition for study that proposed a filing fee of $85 the same. The Authors Guild ‘‘online publication’’ through an for each GRUW submission, the same as Commenters and the Kernochan Center administrative rulemaking, which the fee that currently applies to claims supported this idea, noting that it would would give interested parties the involving the group registration option eliminate the need to have examiners in opportunity to ‘‘weigh in and ensure for contributions to periodicals.39 Until different divisions review the same that all issues are properly vetted,’’ or the proposed fees in the fee study go works.45 By contrast, the Graphic Artists perhaps replace the ‘‘published/ into effect, the Office has adopted the Guild expressed concern that it would unpublished distinction’’ with a noticed $55 fee for GRUW claims. In prevent visual artists from registering ‘‘concept such as ‘disseminated to the this regard, the Office notes that the unpublished works that contain public’ or ‘made available to the GRUW option updates and replaces the multiple forms of authorship, such as public.’ ’’ 35 unpublished collection option, which children’s books, graphic novels, comics In light of section 409’s statutory was also available for the same $55 fee and cartoons, or illustrated short stories requirement, and the Office’s pursuant to the Standard Application. containing text and artwork.46 longstanding existing guidance and Accordingly, the Office does not To be clear, applicants will be able to practices regarding the need for consider the availability of the GRUW register unpublished works that contain applicants to specify whether their option for the same rate as the Standard different types of authorship. When works are published or unpublished, the Application to constitute an completing the application, applicants Office concludes that it is not necessary ‘‘adjustment’’ of fees.40 should select the administrative class to delay implementation of the new In response to the proposed $55 fee, that would be most appropriate for the group registration option due to any several commenters encouraged the predominant form of authorship in each Office to develop alternate fee structure work, and the authorship term that best 29 See 17 U.S.C. 409(8) (requiring copyright for unpublished works in order to describes the work as a whole. For application to include ‘‘the date and nation of [ ] expand the number of works that may example, when registering a group of first publication’’ if a work has been published). comic strips that contain a substantial 30 See, e.g., Compendium sec. 1904.1; U.S. Copyright Office, Circular 1: Copyright Basics, at 7 36 Contra id. at 8. amount of artwork combined with some (Sept. 2017), https://www.copyright.gov/circs/ 37 83 FR 2542 (Jan. 18, 2018). circ01.pdf. 38 See 82 FR at 47419. 41 See Browning-Smith Comment at 1–2; 31 Authors Guild et al. Comment at 6; Copyright 39 See 83 FR 24054, 24059 (May 24, 2018). Copyright Alliance Comment at 2. 42 Alliance Comment at 2 n.2, Graphic Artists Guild 40 See 37 CFR 201.3 (listing current registration SFWA et al. Comment at 3. Comment at 1–2. fees); 17 U.S.C. 708(b) (describing process for 43 Copyright Alliance Comment at 2. 32 Graphic Artists Guild Comment at 2. adjustment of registration fees); see also Booz Allen 44 See Notification of Inquiry: Registration 33 Authors Guild et al. Comment at 7. Hamilton, U.S. Copyright Office, Fee Study, Modernization, 83 FR 52336, 52339 (Oct. 17, 2018) 34 Id. Questions and Answers at 6 (Dec. 2017), https:// (seeking input on whether the Office should adopt 35 Id. at 7–8. The Authors Guild Comment did not www.copyright.gov/rulemaking/feestudy2018/fee_ scaled fees based on the number and types of works specify whether it was advocating for statutory study_q&a.pdf (Question 3 discussing propriety of registered). change or suggesting that the Office could somehow charging certain group registration options the same 45 Authors Guild et al. Comment at 9; Kernochan ‘‘replace’’ the concept of publication with ‘‘made rate as the Standard Application if they required Ctr. Comment at 3. available to the public’’ through a rulemaking. similar resources for processing). 46 Graphic Artists Guild Comment at 3.

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text, applicants should select the class application for supplementary Final Regulations 50 for ‘‘visual arts works’’ and should use registration. For the reasons set forth in the the term ‘‘unpublished pictorial or The Office created multiple versions preamble, the U.S. Copyright Office graphic works’’ to describe those works. of this form that may be used to correct amends 37 CFR parts 201 and 202 as When registering a group of illustrated or amplify the information in a follows: short stories that contain a substantial registration for a group of photographs, amount of text combined with some serials, newspapers, newsletters, or PART 201—GENERAL PROVISIONS illustrations, applicants should select contributions to periodicals. But the ■ 1. The authority citation for part 201 the class for ‘‘literary works’’ and Office has not yet created a similar continues to read as follows: should use the term ‘‘unpublished version for a registration for a group of literary works’’ to describe those works. unpublished works. Therefore, the final Authority: 17 U.S.C. 702. If the types of authorship in each work rule clarifies that applicants should ■ 2. Amend § 201.3 by redesignating are roughly equal—as is often the case contact the Office of Registration Policy paragraphs (c)(8) though (22) as (c)(9) with a children’s book—applicants may & Practice to obtain instructions before through (23) and adding a new select ‘‘literary works’’ or ‘‘visual arts seeking a supplementary registration paragraph (c)(8) to read as follows: works,’’ and depending on which class involving these types of claims. has been selected, they may use the § 201.3 Fees for registration, recordation, term ‘‘unpublished literary works’’ or F. Technical Amendments and related services, special services, and ‘‘unpublished pictorial or graphic services performed by the Licensing works’’ to describe those works. The final rule makes a few technical Division. changes intended to clarify the Perhaps because it represents an * * * * * regulations, update cross-references, (c) * * * author who is deceased, Author and simplify the registration of Services said it would be unable to use photographs by accepting more formats Registration, recordation and Fees the group registration option, because and material. Specifically, the final rule related services ($) the author and claimant for each work removes a superfluous sentence from must be the same person or § 202.4(h) which states that a group of organization.47 To be clear, an author ***** unpublished photographs cannot be may always be named as the copyright (8) Registration of a claim in registered as an unpublished collection claimant for purposes of this group a group of unpublished and removes a provision from § 202.4(h) works ...... 55 registration option, even if that and (i), and § 202.20(c), stating that individual has transferred their photographers should not include any ***** copyright or has died.48 But if Author form of punctuation in the file names Services prefers to list itself as the that they upload to the electronic * * * * * claimant, it would be ineligible for this registration system.51 The Office was group registration option and could PART 202—PREREGISTRATION AND concerned that punctuation in the file instead register the works individually; REGISTRATION OF CLAIMS TO names might cause a technical error that as noted, entities to which copyrights COPYRIGHT could prevent the system from opening have been transferred are not intended the files, but after testing the new to be the primary beneficiary of this ■ 3. The authority citation for part 202 applications the Office has confirmed rule. continues to read as follows: that punctuation should not cause this Authority: 17 U.S.C. 408(f), 702. E. Supplementary Registration type of problem.52 This represents a change in a ‘‘rule[] of agency ■ 4. Amend § 202.3 by revising A supplementary registration is a organization, procedure, or practice,’’ 53 paragraph (b)(4) and adding paragraph special type of registration that may be that does not ‘‘alter the rights or (c)(4) to read as follows: used ‘‘to correct an error in a copyright interests of parties’’ to require notice § 202.3 Registration of copyright. registration or to amplify the and comment 54—if anything, it eases information given in a registration.’’ 49 the requirements for applicants that use * * * * * The NPRM explained that if applicants this option. (b) * * * need to correct or amplify the (4) Registration as one work. For the information appearing in a registration List of Subjects purpose of registration on one application and upon the payment of for a group of unpublished works, they 37 CFR Part 201 will be required to use the online one filing fee, the following shall be Copyright, General provisions. considered one work: In the case of 47 Author Services Comment at 1. published works, all copyrightable 48 See Compendium sec. 619.7 (‘‘The author may 37 CFR Part 202 elements that are otherwise recognizable always be named as the copyright claimant . . . as self-contained works, that are Copyright, Preregistration and even if the author does not own any of the rights included in the same unit of under copyright when the application is filed.’’); registration of claims to copyright. Notice of Proposed Rulemaking: Registration of publication, and in which the copyright Copyright: Definition of Claimant, 77 FR 29257, claimant is the same. 50 82 FR at 47419. 29258 (May 17, 2012) (author may always be listed * * * * * as a copyright claimant ‘‘because an author may 51 37 CFR 202.4(h)(9), (i)(9); id. at always have a reversionary or beneficial interest in 202.20(c)(2)(vii)(D)(8). (c) * * * the work’’); see also Compendium sec. 619.13(Q) 52 For similar reasons, the Office removed a (4) In the case of applications for (‘‘If the author is the only party who is eligible to provision from the deposit requirements for GRUW registration made under paragraphs be named as the copyright claimant, and if the that encouraged applicants to submit their works in (b)(4) through (5) of this section or author is deceased . . . the U.S. Copyright Office a .zip file, rather than uploading them one at a time. will accept an application that names the author as 53 5 U.S.C. 553(b)(3)(A). under § 202.4, the ‘‘year of creation,’’ the copyright claimant.’’). 54 JEM Broadcasting Co. v. FCC, 22 F.3d 320, 326 ‘‘year of completion,’’ or ‘‘year in which 49 17 U.S.C. 408(d). (D.C. Cir. 1994). creation of this work was completed’’

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means the latest year in which the designated for a group of unpublished LIBRARY OF CONGRESS creation of any copyrightable element works. The application may be was completed. submitted by any of the parties listed in Copyright Office * * * * * § 202.3(c)(1). 37 CFR Part 202 ■ 5. Amend § 202.4 as follows: (9) The applicant must submit one ■ a. Add paragraph (c). complete copy or phonorecord of each [Docket No. 2017–16] ■ b. In paragraph (h)(8), remove the work. Each work must be contained in second sentence, which is in a separate electronic file that complies Group Registration of Newspapers with § 202.20(b)(2)(iii). The files must parentheses. AGENCY: U.S. Copyright Office, Library be submitted in one of the electronic ■ c. In paragraph (h)(9), remove the of Congress. formats approved by the Office, they second sentence. ACTION: Final rule. ■ d. In paragraph (i)(9), remove the must be assembled in an orderly form, second sentence. and they must be uploaded to the SUMMARY: The U.S. Copyright Office is ■ e. In paragraph (n), remove electronic registration system. The file amending its regulation governing the ‘‘paragraph (g), (h), (i), or (k)’’ and add size for each uploaded file must not group registration option for newspaper in its place ‘‘paragraphs (c), (g), (h), (i), exceed 500 megabytes; the files may be issues. This rule will eliminate the or (k)’’. compressed to comply with this three-month deadline for submitting The addition reads as follows: requirement. this type of claim. Based on requests (10) In an exceptional case, the received from several newspaper § 202.4 Group registration. Copyright Office may waive the online publishers, the Office has determined * * * * * filing requirement set forth in paragraph that there is a legitimate need to make (c) Group registration of unpublished (c)(8) of this section or may grant special this change effective immediately. works. Pursuant to the authority granted relief from the deposit requirement DATES: Effective February 18, 2019. by 17 U.S.C. 408(c)(1), the Register of under § 202.20(d), subject to such FOR FURTHER INFORMATION CONTACT: Copyrights has determined that a group conditions as the Associate Register and Regan A. Smith, General Counsel and of unpublished works may be registered Director of the Office of Registration Associate Register of Copyrights; Robert in Class TX, PA, VA, or SR with one Policy and Practice may impose on the J. Kasunic, Associate Register of application, the required deposit, and applicant. Copyrights and Director of Registration the filing fee required by § 201.3(c) of * * * * * Policy and Practice; or Erik Bertin, this chapter, if the following conditions ■ 6. Amend § 202.6 as follows: Deputy Director of Registration Policy are met: ■ a. Redesignate paragraphs (e)(2) and Practice, by telephone at 202–707– (1) All the works in the group must be through (7) as paragraphs (e)(3) through 8040 or by email at regans@ unpublished, and they must be (8). copyright.gov, [email protected] and registered in the same administrative ■ [email protected]. class. b. In newly redesignated paragraph SUPPLEMENTARY INFORMATION: In 1992 (2) Generally, the applicant may (e)(8), remove ‘‘paragraph (e)(1)’’ and add in its place ‘‘paragraph (e)(1) or the Copyright Office established a group include up to ten works in the group. If registration option that allows the conditions set forth in (2)’’. ■ newspaper publishers to register an § 202.3(b)(1)(iv)(A) through (C) have c. Add new paragraph (e)(2). The addition reads as follows: entire month of issues with one been met, the applicant may include up application and one filing fee.1 Initially, to ten sound recordings and ten musical § 202.6 Supplementary registration. applicants were required to submit a works, literary works, or dramatic works * * * * * paper application and submit microfilm in the group. (e) * * * deposit copies, and they had to submit (3) The group may include individual these materials within three months works, joint works, or derivative works, (2) To seek a supplementary registration for a group of unpublished after the publication of the most recent but may not include compilations, issue in the group.2 This deadline was collective works, databases, or websites. works registered under § 202.4(c), an applicant must complete and submit the intended to benefit the Library of (4) The applicant must provide a title Congress by ensuring that newspaper for each work in the group. online application designated for supplementary registration after issues could be added to its collections (5) All the works must be created by and made available to its patrons in a the same author or the same joint consultation with and under the direction of the Office of Registration timely manner. But newspaper authors, and the author and claimant publishers often submitted their claims information for each work must be the Policy & Practice. * * * * * after the three-month deadline due to same. the high cost of producing microfilm. (6) The works may be registered as § 202.20 [Amended] Many publishers could not afford to anonymous works, pseudonymous send their newspapers to a microfilm ■ 7. Amend § 202.20(c)(2)(vii)(D)(8) by works, or works made for hire if they are producer until they had a sufficient removing the fourth sentence. identified in the application as such. number of issues to justify the cost, (7) The applicant must identify the Dated: January 28, 2019. which delayed the production and authorship that each author or joint Karyn A. Temple, delivery of the microfilm.3 author contributed to the works, and the Acting Register of Copyrights and Director Last year the Office updated its authorship statement for each author or of the U.S. Copyright Office. regulation governing this group joint author must be the same. Claims in registration option.4 Under the current the selection, coordination, or Approved by: Carla D. Hayden, arrangement of the group as a whole 1 57 FR 39615 (Sept. 1, 1992). Librarian of Congress. will not be permitted on the application. 2 37 CFR 202.3(b)(6)(F) (1992). (8) The applicant must complete and [FR Doc. 2019–02185 Filed 2–12–19; 8:45 am] 3 82 FR 51369, 51378 (Nov. 6, 2017). submit the online application BILLING CODE 1410–30–P 4 83 FR 4144 (Jan. 30, 2018).

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