Federal Register/Vol. 85, No. 125/Monday, June 29, 2020

38806 Federal Register / Vol. 85, No. 125 / Monday, June 29, 2020 / Proposed Rules that the costs imposed on an applicant strengthened federalism. The Executive SUMMARY: The Copyright Office is by the proposed priorities, order relies on processes developed by issuing a revised proposed rule to make requirements, definitions, and selection State and local governments for electronic-only books published in the criteria would be limited to paperwork coordination and review of proposed United States subject to the Copyright burden related to preparing an Federal financial assistance. Act’s mandatory deposit provisions if application and that the benefits of the This document provides early they are affirmatively demanded by the proposed priorities, requirements, notification of our specific plans and Office. In response to comments definitions, and selection criteria would actions for this program. received in response to the Office’s outweigh any costs incurred by the Assessment of Educational Impact April 16, 2018 Notice of Proposed applicant. Rulemaking, the revised proposed rule Participation in the PN program is In accordance with section 411 of makes additional clarifying edits to the voluntary. For this reason, the proposed General Education Provisions Act, 20 definition of an ‘‘electronic-only book’’ priorities, requirements, definitions, and U.S.C. 1221e–4, the Secretary and adjusts the requirements related to selection criteria would impose no particularly requests comments on employment of technological protection burden on small entities unless they whether the proposed regulations would measures. This document also updates applied for funding under the program. require transmission of information that the public on developments We expect that in determining whether any other agency or authority of the subsequently announced by the Library to apply for PN program funds, an United States gathers or makes of Congress related to certain questions applicant would evaluate the available. raised in public comments with respect requirements of preparing an Accessible Format: Individuals with to its digital collection strategy and application and any associated costs, disabilities can obtain this document in information technology security matters. and weigh them against the benefits an accessible format (e.g., braille, large DATES: Written comments must be likely to be achieved by receiving a PN print, audiotape, or compact disc) on received no later than 11:59 p.m. program grant. An applicant would request to the program contact person Eastern Time on July 29, 2020. listed under FOR FURTHER INFORMATION probably apply only if it determines that ADDRESSES: For reasons of government the likely benefits exceed the costs of CONTACT. Electronic Access to This Document: efficiency, the Copyright Office is using preparing an application. the regulations.gov system for the We believe that the proposed The official version of this document is the document published in the Federal submission and posting of public priorities, requirements, definitions, and comments in this proceeding. All Register. You may access the official selection criteria would not impose any comments are to be submitted edition of the Federal Register and the additional burden on a small entity electronically through regulations.gov. Code of Federal Regulations at applying for a grant than the entity Specific instructions for submitting www.govinfo.gov. At this site you can would face in the absence of the comments are available on the view this document, as well as all other proposed action. That is, the length of Copyright Office website at https:// documents of this Department the applications those entities would www.copyright.gov/rulemaking/ published in the Federal Register, in submit in the absence of the proposed ebookdeposit. If electronic submission text or Adobe Portable Document regulatory action and the time needed to of comments is not feasible due to lack Format (PDF). To use PDF you must prepare an application would likely be of access to a computer and/or the have Adobe Acrobat Reader, which is the same. internet, please contact the Office using This proposed regulatory action available free at the site. You may also access documents of the the contact information below for would not have a significant economic special instructions. impact on a small entity once it receives Department published in the Federal FOR FURTHER INFORMATION CONTACT: a grant because it would be able to meet Register by using the article search Regan A. Smith, General Counsel and the costs of compliance using the funds feature at www.federalregister.gov. Associate Register of Copyrights, provided under this program. We invite Specifically, through the advanced [email protected]; Kevin R. Amer, comments from small eligible entities as search feature at this site, you can limit Deputy General Counsel, kamer@ to whether they believe this proposed your search to documents published by copyright.gov; or Mark T. Gray, regulatory action would have a the Department. Attorney-Advisor, mgray@ significant economic impact on them Frank T. Brogan, copyright.gov. They can be reached by and, if so, request evidence to support Assistant Secretary for Elementary and telephone at 202–707–3000. that belief. Secondary Education. SUPPLEMENTARY INFORMATION: Paperwork Reduction Act [FR Doc. 2020–13158 Filed 6–26–20; 8:45 am] I. Background The proposed priorities, BILLING CODE 4000–01–P requirements, definitions, and selection A. Mandatory Deposit Under the criteria contain information collection Copyright Act Generally requirements that are approved by OMB LIBRARY OF CONGRESS Section 407 of title 17 requires that under OMB control number 1894–0006; Copyright Office the owner of the copyright or the the proposed priorities, requirements, exclusive right of publication in a work definitions, and selection criteria do not 37 CFR Part 202 published in the United States, within affect the currently approved data three months of publication, deposit collection. [Docket No. 2016–03] ‘‘two complete copies of the best Intergovernmental Review edition’’ with the Copyright Office ‘‘for Mandatory Deposit of Electronic-Only the use or disposition of the Library of This program is subject to Executive Books Congress.’’ 1 The ‘‘best edition’’ is Order 12372 and the regulations in 34 AGENCY: U.S. Copyright Office, Library defined as ‘‘the edition, published in the CFR part 79. One of the objectives of the of Congress. Executive order is to foster an 1 ACTION: Notice of proposed rulemaking. 17 U.S.C. 407(a), (b); see generally 37 CFR intergovernmental partnership and a 202.19. VerDate Sep<11>2014 16:45 Jun 26, 2020 Jkt 250001 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\29JNP1.SGM 29JNP1 jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 85, No. 125 / Monday, June 29, 2020 / Proposed Rules 38807 United States at any time before the date only works from the mandatory deposit comments praised the efforts to collect of deposit, that the Library of Congress requirement, the Office also, however, more works in the identified categories, determines to be most suitable for its adopted an exception to this exemption, others expressed reservations. purposes.’’ 2 These requirements are requiring the deposit of electronic-only D. 2018 Proposed Rule Regarding governed by section 202.19 and serials if affirmatively demanded by the Electronic-Only Book Deposit Appendix B of part 202 of the Office’s Office.7 An electronic-only serial is ‘‘an regulations, which set forth rules and electronic work published in the United In April 2018, the Office issued a criteria, respectively, for the different States and available only online, issued notice of proposed rulemaking (‘‘2018 types of works subject to the mandatory or intended to be issued on an NPRM’’) seeking public comment on a deposit requirement. established schedule in successive parts proposal to finalize the interim rule and Under the statute, the Register of bearing numerical or chronological to extend the demand-based mandatory Copyrights may issue a written demand designations, without subsequent deposit requirements to electronic-only for works at any time after they have alterations, and intended to be books.12 The 2018 NPRM proposed that 8 been published in the United States, continued indefinitely.’’ This category the term ‘‘electronic-only book’’ be and failure to deposit after a demand includes ‘‘periodicals, newspapers, ‘‘defined broadly as an electronic may subject the recipient to monetary annuals, and the journals, proceedings, literary work published in one volume liability.3 Compliance with this section transactions, and other publications of or a finite number of volumes published 9 is separate from the copyright societies.’’ The 2010 Interim Rule in the United States and available only registration process, but the Copyright stated that any additional categories of online,’’ with some exclusions for Act provides that deposits made under electronic-only works would first be specific types of works such as serials, section 407 may be used to satisfy the ‘‘identified as being subject to demand’’ audiobooks, websites, blogs, and registration deposit provisions under through a rulemaking with notice and emails.13 To clarify how the rule would section 408, if all other registration comment before the Office issues any apply in the context of books available 10 conditions are met.4 actual demands for such works. The for print-on-demand,

Load more