99-13736. Fees  

  • [Federal Register Volume 64, Number 104 (Tuesday, June 1, 1999)]
    [Rules and Regulations]
    [Pages 29518-29522]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-13736]
    
    
    
    [[Page 29517]]
    
    _______________________________________________________________________
    
    Part V
    
    
    
    
    
    Library of Congress
    
    
    
    
    
    _______________________________________________________________________
    
    
    
    Copyright Office
    
    
    
    _______________________________________________________________________
    
    
    
    37 CFR Part 201 et al.
    
    
    
    Fees and Registration of Claims to Copyright; Group Registration of 
    Daily Newsletters; Final Rules
    
    Federal Register / Vol. 64, No. 104 / Tuesday, June 1, 1999 / Rules 
    and Regulations
    
    [[Page 29518]]
    
    
    
    LIBRARY OF CONGRESS
    
    Copyright Office
    
    37 CFR Parts 201, 202, 203, 204, and 211
    
    [Docket No. 98-2C]
    
    
    Fees
    
    AGENCY: Copyright Office, Library of Congress.
    
    ACTION: Final Regulations.
    
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    SUMMARY: The Copyright Office is issuing final regulations adjusting 
    certain fees it charges for copyright registration, recordation, and 
    related services in order more nearly to recover the reasonable costs 
    of providing these services. Formerly most of these fees were 
    determined by Congress and were referred to as statutory fees. In the 
    future, they will be referred to as fees for registration, recordation, 
    and related services. To facilitate public reference and Copyright 
    Office administration, the Office is also consolidating and relocating 
    in one new regulatory section most references to fees for other 
    services, including fees for discretionary or special services and 
    services performed by the Licensing Division.
    
    EFFECTIVE DATE: July 1, 1999.
    
    FOR FURTHER INFORMATION CONTACT: Marilyn J. Kretsinger, Assistant 
    General Counsel, or Charlotte Douglass, Principal Legal Advisor to the 
    General Counsel, Copyright GC/I&R, P.O. Box 70400, Southwest Station, 
    Washington, DC 20024. Telephone: (202) 707-8380. Fax: (202) 707-8366.
    
    SUPPLEMENTARY INFORMATION:
    
    I. Background
    
        On November 13, 1997, Congress amended Section 708 of title 17, 
    United States Code, to authorize the Register of Copyrights to fix the 
    basic registration and other fees described in section 708(a)(1)-(9) to 
    recover reasonable costs incurred for providing the service and to add 
    an adjustment for inflation. Pub. L. 105-80, 111 Stat. 1529 (1997). 
    Congress had adjusted these fees in 1990. Copyright Fees and Technical 
    Amendments Act, Pub. L. 101-318, 104 Stat. 287 (1990). The 1997 
    legislation authorizes the Register of Copyrights to set all fees 
    assessed by the Copyright Office rather than follow the former practice 
    whereby Congress set some and the Register set others. Congress went 
    on, however, to state what the Register must do in order to increase 
    copyright fees. First the Register has to conduct a study of the costs 
    for provision of services. Then on the basis of the study, barring 
    legislation to the contrary, the Register can fix fees that (1) recover 
    reasonable costs and (2) are fair, equitable, and consistent with the 
    objectives of the copyright system.
        In preparation for increasing fees, the Office undertook a 
    comprehensive economic analysis of the operating costs involved in 
    providing services to users that culminates with the fees identified in 
    this final regulation. The Register began by appointing an internal 
    task force, the Fee Analysis Task Force Group (FEATAG), to conduct the 
    eighteen month project. The Register then commissioned financial 
    management consultants and an outside company, Abacus, to determine 
    what cost recovery would be after certain necessary adjustments were 
    made. FEATAG analyzed Abacus's study and made recommendations of its 
    own, including a recommendation to amend the special service fees 
    described in 17 U.S.C. 710(a)(10). See Notice of Proposed Rulemaking, 
    63 FR 15802 (1998). After full consideration of public comments, on May 
    28, 1998, the Office issued final regulations adjusting the special 
    service fees. 63 FR 29137 (1998).
        On August 13, 1998, in the second phase of consideration of fee 
    adjustments, the Copyright Office proposed two alternative schedules of 
    fees that would increase basic registration fees and other statutory or 
    required fee services in a Notice of Inquiry (NOI). This NOI was 
    designed specifically to address the congressional criteria for 
    statutory fees. Schedule I fees would have increased basic registration 
    fees from $20.00 to $45.00. Preliminarily, the Office met with 
    representatives of several authors' groups and representatives of other 
    copyright interests with concerns about potential fee increases. These 
    initial comments led the Office to propose an alternative to Schedule I 
    which would have increased basic registration fees for individual 
    authors more modestly, from $20 to $35. To make up for the shortfall in 
    income from individual authors, Schedule II would have set basic 
    registration fees for nonindividual authors at $50. The Office 
    requested public comment on these two proposals, and announced a public 
    hearing to be held on October 1, 1998. See FR 43426 (1998).
    
    Comments
    
        The Office heard nine witnesses and received twenty-three written 
    comments on the matter of adjusting statutory fees. The hearing yielded 
    additional data to fulfill the congressional directives of cost 
    recovery, fairness, equity, and adherence to the objectives of the 
    copyright system. This material enabled the Office to review the costs 
    of providing services in light of the particular needs of the public, 
    the Library of Congress, and the overall objectives of the copyright 
    system. With the hearing and subsequent analysis, the Office was able 
    to conclude its extensive study of costs and consideration of all other 
    pertinent information including the effect of a fee increase on 
    collections and exchange programs of the Library of Congress.
        Following its analysis of all information, the Office completed the 
    last phase of its study, presenting its fee recommendations in a 
    comprehensive report to Congress on February 1, 1999. Analysis and 
    Proposed Copyright Fee Schedule to Go Into Effect July 1, 1999, 
    Register of Copyrights, U.S. Copyright Office (1999).\1\ The report 
    analyzes the testimony and written comments in detail, and shows how 
    the statutory criteria were applied to the ultimate decision to reduce 
    the amount of the proposed fee increase for basic registration.
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        \1\ This report has been published on the Copyright Office 
    website [www.loc.gov/copyright].
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        Although the Office believes that generally a schedule of fees 
    should be based on full recovery of direct costs, it recognizes that 
    not all costs of the Office should be borne by the fees, in view of the 
    many services the Copyright Office performs for the Library of 
    Congress, the U.S. Congress, the administration, and the public in 
    general. In the past, Congress has consistently set fees for basic 
    services at a level that recovers about two-thirds of the Office's 
    costs, with the rest of the budget coming from taxpayer revenue. The 
    public comments also revealed that the registering public, based on its 
    view of what is reasonable, fair, and equitable, believed that not all 
    costs of the Copyright Office should be borne by the user. The major 
    concern addressed by individual authors and representatives of interest 
    groups was the size of both proposed increases for registration. Some 
    significant concerns of the witnesses and commentators are reflected in 
    the following questions and answers.
    1. Based on the Fees Proposed, Who Is Unlikely To Register
        Witnesses representing small and mid-size music publishers, 
    individual songwriters and their estates, and graphic artists and 
    journalists, newsletter publishers and photographers, as well as a 
    representative of the Copyright Office's largest single customer stated 
    that they would be unable to register if fees were
    
    [[Page 29519]]
    
    increased to the proposed levels. Some commentators pointed to the 
    potential for overall erosion of the value of the copyright 
    registration record that would result from the inability of many 
    applicants to afford registration. The link between registration and 
    the availability of strong remedies for registration afforded by 
    section 412 of the copyright law concerned most commentators, and one 
    stated that the assumption that these remedies would be available to 
    all underlies the premise of reasonable registration fees.
    2. Should an Individual Author of Unpublished Works Pay a Lower 
    Registration Fee
        All the groups representing individual authors supported a lower 
    fee for registrations made by their members, but their request for 
    reduced fees were not restricted to unpublished works. Some 
    organizations noted that given the higher susceptibility of published 
    works to infringement, particularly when placed online, published works 
    by individual authors should be included in this option.
    3. Should There Be Other Distinctions in Assessing Fees
        a. Should there be a small business exemption? A number of 
    organizations favored a small business exemption, offering various 
    solutions for how the exemption should be crafted. One witness, 
    however, testified that organizations would be unwilling to disclose 
    net worth information to qualify for such an exemption. Even 
    organizations favoring this exemption noted potential problems with 
    administering the exemption, in addition to expected new costs solely 
    attributable to its administration.
        b. Should there be a higher fee for works made for hire? This two-
    tier option was strongly supported by writers' organizations, while 
    representatives of the motion picture, computer software, and other 
    industries opposed it. One common interest of groups favoring higher 
    fees for works for hire was the collective desire to deter publishers 
    from forcing work made for hire agreements on unwilling authors. 
    Underlying this concern is their presumption that publisher/employers 
    are better able to pay higher fees than individual authors.
        c. Should the fee be based on the commercial value of the work? 
    While some organizations urged the Copyright Office to set fees based 
    on the value of the work, such as a sliding scale related to a work's 
    expected revenue, most commentators rejected this alternative. This 
    also could be expected to add significant administrative costs. On the 
    whole, witnesses and commentators believed the Office should avoid 
    tying fees to distinctions unrelated to the cost of providing 
    particular services.
    4. Should the Office Exclude Certain Costs That Do Not Relate Directly 
    to Core Registration/Recordation Functions and Allocate Some 
    Registration Costs to Other Beneficiaries
        Although numerous commentators discussed the detrimental impact 
    that increased costs would have on the objectives of the copyright 
    system, three commentators specifically supported the exclusion of 
    certain costs not directly related to core functions. One urged that 
    the taxpayer bear a greater portion of registration costs since the 
    public benefits from the copyright system. Other commentators 
    questioned whether the statutory mandate of fairness and equity was 
    addressed in the proposed increase, given that fees would in some cases 
    more than double current levels.
        Finally, commentators stated that the proposed fees threatened the 
    goals of the copyright system. Emphasizing that the size of the 
    proposed fee increase threatened erosion of the public record, they 
    noted the wide range of beneficiaries of the copyright system available 
    to share the full economic burden of registration. The commentators 
    left the clear impression that imposing full or nearly full cost 
    recovery on applicants whose works are marginally profitable and to 
    whom completion of their own copyright application materials is an 
    administrative burden will likely cause them to drop out of the system, 
    vitiating the value of a comprehensive public record of registrations.
        A more complete summary of all phases of the Office's work in 
    setting new copyright fees is included in Analysis and Proposed 
    Copyright Fee Schedule To Go Into Effect July 1, 1999, the report the 
    Register submitted to Congress on February 1, 1999.
    
    II. Final Regulations
    
    A. Adoption of new fees for registration, recordation and other 
    required services
    
        As detailed in the report, after careful consideration of all 
    hearing testimony and written comments, the Copyright Office determined 
    it should recommend registration fees that were not as great an 
    increase as those originally proposed. To avoid undermining the value 
    of the registration system, particularly for individual authors and 
    small businesses, thereby reducing the availability of works for the 
    Library of Congress' collections and programs, the Register reduced the 
    proposed fee for basic registration from $45 (or $35/$50) to $30. By 
    maintaining the other fees at the levels proposed to recover reasonable 
    costs, this fee adjustment responds both to individual authors' wish 
    not to face a dramatic fee increase that would price them out of the 
    system and to the Office's obligation to recover more of its operating 
    costs through fees.
    
    B. Fees Related to Group Registration of Daily Newsletters
    
        In one special adjustment, the Office is amending the group 
    registration procedure for daily newsletters that are published at 
    least twice weekly. Information on this amendment is being published 
    today elsewhere in this issue.
    
    C. Clarification and Consolidation of Fees in Regulatory Text
    
        The Office is also clarifying an existing procedure related to 
    requests for material under Sec. 202.2(b)(4).
        With respect to organization of fee information in the Copyright 
    Office regulations, these regulations consolidate most fees in one new 
    section, 37 CFR 201.3, and remove specific references to fees in 
    disparate sections. In making this consolidation, the Office identifies 
    in Sec. 201.3(c) fees for certain registration, recordation and related 
    services including those formerly known as ``statutory fees'' which are 
    currently located in 17 U.S.C. 708(a)(1)-(9); \2\ identifies in 
    Sec. 201.3(d) special service fees referred to in section 
    Sec. 708(a)(10) and formerly located at 37 CFR 201.32; and identifies 
    in Sec. 201.3(e) fees related to services provided by the Licensing 
    Division.
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        \2\ The Office notes that beginning on July 1, 1999, the fees 
    currently set out in 17 U.S.C. Sec. 708(a)(1)-(9) will no longer be 
    in effect. The Office will publish all new fees in the Code of 
    Federal Regulations, in Copyright Office Circular 4, and on its 
    website.
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        New subsection Sec. 201.3(e) provides a quick reference for certain 
    services provided by the Licensing Division. Some of the licensing fees 
    contained in Sec. 201.3(e) relate to basic services described in 
    Sec. 201.3(c) and have been adjusted; others remain the same. Royalty 
    payments for compulsory licenses are not included in Sec. 201.3(e).
        This reorganization of copyright fees should facilitate public 
    reference to current fees and the Office's future amendment of fees. 
    Future fee adjustments will be considered every three years; the 
    percentage increase, however, is expected to be smaller.
    
    [[Page 29520]]
    
    D. Fees Identified in Other Regulatory Sections
    
        Certain fees relating to submitting royalties under the compulsory 
    licenses, the processing of Uruguay Round Amendments Act filings, the 
    charges assessed for services related to providing information under 
    the Freedom of Information Act, and new services where a final fee has 
    not been established may be included in other sections of the 
    regulations.
    
    E. Effective Date
    
        Congress has had 120 days to review the fees submitted to it on 
    February 1, 1999. No legislation has been enacted barring adoption of 
    these fees. The Office is, therefore, adopting the proposed fee 
    schedule for registration, recordation, and other related services 
    effective July 1, 1999.
    
    List of Subjects
    
    37 CFR Part 201
    
        Copyright, General provisions.
    
    37 CFR Part 202
    
        Copyright, Registration.
    
    37 CFR Part 203
    
        Freedom of Information Act.
    
    37 CFR Part 204
    
        Privacy.
    
    37 CFR Part 211
    
        Mask work protection, Fees.
    
        In consideration of the foregoing, parts 201, 202, 203, 204, and 
    211 of 37 CFR chapter II are amended as follows:
    
    PART 201--GENERAL PROVISIONS
    
        1. The authority citation for part 201 continues to read as 
    follows:
    
        Authority: 17 U.S.C. 702.
    
    
    Sec. 201.2  [Amended]
    
        2. Amend Sec. 201.2(b)(4) by removing ``No charge will be made for 
    this service.'' and adding in its place ``No charge will be made for 
    reviewing these materials; the appropriate search fee identified in 
    Sec. 201.3(c) or Sec. 201.3(d) will be assessed, and the appropriate 
    copying fee identified in Sec. 201.3(c) or Sec. 201.3(d) will be 
    assessed if the claimant wants and is entitled to a copy of the 
    material.''
        3. Add a new Sec. 201.3 as follows:
    
    
    Sec. 201.3  Fees for registration, recordation, and related services, 
    special services, and services performed by the Licensing Division.
    
        (a) General. This section prescribes the fees for registration, 
    recordation, and related services, special services, and services 
    performed by the Licensing Division.
        (b) Definitions. For purposes of this section, the following 
    definitions apply:
        (1) Registration, recordation, and related service fee. This is the 
    fee for a registration or recordation service that the Office is 
    required to perform under 17 U.S.C., or a directly related service. It 
    includes those services described in section 708(a)(1)-(9) and 
    authorized by Pub. L. 105-80.
        (2) Special service fee. This is a fee for a special service not 
    specified in title 17, which the Register of Copyrights may fix at any 
    time on the basis of the cost of providing the service, as provided by 
    17 U.S.C. 708(a)(10).
        (3) Licensing Division service fee. This is a fee for a service 
    performed by the Licensing Division.
        (c) Registration, Recordation and Related Service Fees. The 
    Copyright Office has established the following fees for these services:
    
    ------------------------------------------------------------------------
           Registration, recordation and related services            Fees
    ------------------------------------------------------------------------
    (1) Basic registrations: Form TX, Form VA, Form PA, Form             $30
     SE, (including Short Forms), and Form SR..................
    (2) Registration of a claim in a group of contribution to             30
     periodicals (GR/CP).......................................
    (3) Registration of a renewal claim (Form RE):
         Claim without Addendum........................           45
         Addendum......................................           15
    (4) Registration of a claim in a Mask Work.................           75
    (5) Registration of a claim in a group of series (Form SE/            10
     Group) $30 minimum........................................
    (6) Registration of a claim in a group of daily newspapers,           55
     and qualified newsletters (Form G/DN).....................
    (7) Registration of a restored copyright (Form GATT).......           30
    (8) Registration of a claim in a group of restored works              10
     (Form GATT Group) $30 minimum.............................
    (9) Registration of a correction or amplification to a                65
     claim (Form CA)...........................................
    (10) Providing an additional certificate of registration...           25
    (11) Any other certification, per hour.....................           65
    (12) Search--report prepared from official records, per               65
     hour......................................................
    (13) Search--locating Copyright Office records, per hour...           65
    (14) Recordation of documents (single title)...............           50
         Additional titles (per group of 10 titles)....           15
    (15) Recordation of a notice of intention (NIE) to enforce            30
     a restored copyright containing no more than one title....
         Additional NIE titles (each)..................            1
    (16) Recordation of Notice of Intention to Make and                   12
     Distribute Phonorecords...................................
    (17) Issuance of a receipt for a deposit...................            4
    ------------------------------------------------------------------------
    \1\ Per issuse.
    \2\ Per claim.
    
        (d) Special Service Fees. The Copyright Office has established the 
    following fees for special services:
    
    ------------------------------------------------------------------------
                          Special services                           Fees
    ------------------------------------------------------------------------
    (1) Service charge for deposit account overdraft...........          $70
    (2) Service charge for dishonored deposit account                     35
     replenishment check.......................................
    (3) Service charge for insufficient fee....................        (\1\)
    (4) Appeals:
        (i) First appeal.......................................          200
            Additional claim in related group..................           20
        (ii) Second appeal.....................................          500
            Additional claim in related group..................           20
    (5) Secure test processing charge, per hour................           60
    
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    (6) Copying charge, 15 pages or fewer......................           15
        Each additional page over 15...........................          .50
    (7) Inspection charge......................................           65
    (8) Special handling fee for a claim.......................          500
        Each additional claim using the same deposit...........           50
    (9) Special handling fee for recordation of a document.....          330
    (10) Full-term storage of deposits.........................          365
    (11) Surcharge for expedited Certifications and Documents
     Section services:
        (i) Additional certificates, per hour..................           75
        (ii) In-process searches, per hour.....................           75
        (iii) Copy of assignment or other document, per hour...           75
        (iv) Certification, per hour...........................           75
        (v) Copy of registered deposit:........................
            First hour.........................................           95
            Each additional hour...............................           75
        (vi) Copy of correspondence file:
            First hour.........................................           95
            Each additional hour...............................           75
    (12) Surcharge for expedited Reference & Bibliography
     Section searches:
        First hour.............................................          125
        Each additional hour...................................           95
    ------------------------------------------------------------------------
    \1\ Reserved.
    
        (e) Licensing Division Service Fees. The Copyright Office has 
    established the following fees for certain services performed by the 
    Licensing Division:
    
    ------------------------------------------------------------------------
                    Licensing division services                      Fees
    ------------------------------------------------------------------------
    (1) Recordation of a Notice of Intention to Make and                 $12
     Distribute Phonorecords (17 U.S.C. 115)...................
    (2) Certificate of Filing a Notice of Intention (17 U.S.C.             8
     115)......................................................
    (3) Filing Fee for Recordation of License Agreements under            50
     17 U.S.C. 118.............................................
    (4) Recordation of Certain Contracts by Cable Television              50
     Systems Located Outside the Forty-Eight Contiguous States.
    (5) Initial Notice of Digital Transmission of Sound                   20
     Recording (17 U.S.C. 114).................................
        Amendment of 17 U.S.C. 114 Notice......................           20
    (6) Statement of Account Amendment (Cable Television                  15
     Systems and Satellite Carriers, 17 U.S.C. 111 and 119)....
    (7) Statement of Account Amendment (Digital Audio Recording           20
     Devices or Media, 17 U.S.C. 1003).........................
    (8) Using Public Photocopier, per page.....................          .25
        Photocopies Made by Licensing Staff, per page..........          .40
    (9) Search, per hour.......................................           65
    (10) Certification of Search Report........................           65
    ------------------------------------------------------------------------
    
        4. Amend Sec. 201.4 by revising paragraph (d) to read as follows:
    
    
    Sec. 201.4  Recordation of transfers and certain other documents.
    
    * * * * *
        (d) Fees. The fee for recordation of a document is prescribed in 
    Sec. 201.3(c).
    * * * * *
    
    
    Sec. 201.5  [Amended]
    
        5. Amend Sec. 201.5(c)(1) by removing ``a fee of $20'' and the 
    accompanying footnote and adding in its place ``the appropriate fee 
    identified in Sec. 201.3(c)''.
        6. In Sec. 201.9, amend paragraph (a) by adding ``, Licensing 
    Division'' after ``Copyright Office'', by removing ``this section'' and 
    adding in its place ``Sec. 201.3'' and by revising paragraph (b) to 
    read as follows:
    
    
    Sec. 201.9  Recordation of agreements between copyright owners and 
    public broadcasting entities.
    
    * * * * *
        (b) The fee for recordation of a voluntary license agreement under 
    this section is the basic recordation fee as prescribed in 
    Sec. 201.3(c).
    * * * * *
        7. In Sec. 201.10, revise paragraph (f)(2) to read as follows:
    
    
    Sec. 201.10  Notices of termination of transfers and licenses covering 
    extended renewal term.
    
    * * * * *
        (f) * * *
        (2) The fee for recordation of a document is prescribed in 
    Sec. 201.3(c).
    * * * * *
        8. Amend Sec. 201.12 by revising the first sentence of paragraph 
    (a) and revising paragraph (b) to read as follows:
    
    
    Sec. 201.12  Recordation of certain contracts by cable systems located 
    outside of the forty-eight contiguous States.
    
        (a) Written, nonprofit contracts providing for the equitable 
    sharing of costs of videotapes and their transfer, as identified in 
    section 111(e)(2) of title 17 of the United States Code as amended by 
    Pub. L. 94-553, will be filed in the Copyright Office Licensing 
    Division by recordation upon payment of the prescribed fee. * * *
    * * * * *
        (b) The fee for recordation of a document is prescribed in 
    Sec. 201.3.
    * * * * *
    
    
    Sec. 201.18  [Amended]
    
        9. In Sec. 201.18, amend paragraph (e)(1) by removing ``a fee of 
    $12'' and by adding in its place ``the fee specified in 
    Sec. 201.3(e)'', by removing ``an additional fee of $8'' and adding in 
    its place ``the fee specified in Sec. 201.3(e)'', and amend paragraph 
    (e)(3) by removing ``a fee of $8'' and adding in its place ``the fee 
    specified in Sec. 201.3(e)''.
    
    
    Sec. 201.19  [Amended]
    
        10. In Sec. 201.19, amend paragraph (e)(7)(ii)(D) by removing ``a 
    fee of $8'' and adding in its place ``the fee specified in 
    Sec. 201.3(e)'' and amend paragraph (f)(7)(iii)(D) by removing ``a fee 
    of $8'' and adding in its place ``the fee specified in Sec. 201.3(e)''.
        11. Amend Sec. 201.25 by revising paragraph (d) to read as follows:
    
    [[Page 29522]]
    
    Sec. 201.25  Visual Arts Registry.
    
    * * * * *
        (d) Fee. The fee for recording a Visual Arts Registry statement, a 
    Building Owner's Statement, or an updating statement is the recordation 
    fee for a document, as prescribed in Sec. 201.3(c).
    * * * * *
        12. Amend Sec. 201.26 by revising paragraph (e) to read as follows:
    
    
    Sec. 201.26  Recordation of documents pertaining to computer shareware 
    and donation of public domain computer shareware.
    
    * * * * *
        (e) Fee. The fee for recording a document pertaining to computer 
    shareware is the recordation fee for a document, as prescribed in 
    Sec. 201.3(c).
    * * * * *
    
    
    Sec. 201.32  [Removed and Reserved]
    
        13. Section 201.32 is removed and reserved.
    
    PART 202--REGISTRATION OF CLAIMS TO COPYRIGHT
    
        14. The authority citation for part 202 continues to read as 
    follows:
    
        Authority: 17 U.S.C. 702.
    
    
    Sec. 202.3  [Amended]
    
        15. Amend Sec. 202.3(b)(4)(ii)(B) by removing ``A filing fee of 
    $20'' and adding in its place ``The appropriate filing fee, as required 
    in Sec. 201.3(c)''.
        16. Amend Sec. 202.3(b)(5)(v)(B) by removing ``A filing fee of 
    $10'' and adding in its place ``The appropriate filing fee, as required 
    in Sec. 201.3(c)''.
        17. Amend Sec. 202.3(b)(6)(i)(E) by removing ``A nonrefundable 
    filing fee of $40'' and adding in its place ``The appropriate filing 
    fee, as required in Sec. 201.3(c),''.
        18. Amend Sec. 202.3(b)(7)(ii)(C) by removing ``A fee of $20'' and 
    adding in its place ``The appropriate filing fee, as required in 
    Sec. 201.3(c),''.
        19. Amend Sec. 202.3(b)(8)(vii) by removing ``a filing fee of $10'' 
    and adding in its place ``the appropriate filing fee, as required in 
    Sec. 201.3(c),''.
        20. Amend Sec. 202.3(c)(2) by removing ``a fee of $20'' and adding 
    in its place ``the appropriate filing fee, as required in 
    Sec. 201.3(c),''.
    
    
    Sec. 202.12  [Amended]
    
        21. Amend Sec. 202.12 (c)(3)(i) by removing ``20'' each place it 
    appears and adding in its place ``30'' and adding after ``work'' in the 
    last sentence ``, with a minimum fee of US$30''.
        22. Amend Sec. 202.12(c)(5)(i) by removing ``$20'' and adding in 
    its place ``$30''.
        23. Amend Sec. 202.12(c)(5)(ii) by adding after ``work'' in the 
    last sentence ``, with a minimum fee of $30''.
    
    
    Sec. 202.17  [Amended]
    
        24. Amend Sec. 202.17(g)(2)(ii) by removing ``a fee of $20'' and 
    adding in its place ``the appropriate fee, as required in 
    Sec. 201.3(c)''.
    
    
    Sec. 202.19  [Amended]
    
        25. Amend Sec. 202.19(f)(3) by removing ``a fee of $4'' and adding 
    in its place ``the appropriate fee, as required in Sec. 201.3(c)''.
    
    
    Sec. 202.23  [Amended]
    
        26. Amend Sec. 202.23(e)(1) by removing ``at $365.00'' and adding 
    in its place ``, as prescribed in Sec. 201.3(d),''.
        27. Amend Sec. 202.23(e)(2) by removing ``of $365.00'' and adding 
    in its place ``prescribed in Sec. 201.3(d)''.
    
    PART 203--FREEDOM OF INFORMATION ACT: POLICIES AND PROCEDURES
    
        28. The authority citation for part 203 continues to read as 
    follows:
    
        Authority: 17 U.S.C. 702; and 5 U.S.C. 552.
    
    Sec. 203.6  [Amended]
    
        29. Amend Sec. 203.6(a) by removing ``section 708 of title 17 
    U.S.C.'' and adding in its place ``Sec. 201.3 of this chapter''.
        30. Amend Sec. 203.6(b)(1) by removing ``$8'' and adding in its 
    place ``$25''.
        31. Amend Secs. 203.6(b)(3) and (b)(4) by removing ``$20'' each 
    time it appears and adding in its place ``$65''.
        32. Amend Sec. 203.6(b)(6) by removing ``$20.00'' and adding in its 
    place ``$65''.
    
    PART 204--PRIVACY ACT: POLICIES AND PROCEDURES
    
        33. The authority citation for part 204 continues to read as 
    follows:
    
        Authority: 17 U.S.C. 702; and 5 U.S.C. 552.
    
    
    Sec. 204.6  [Amended]
    
        34. Amend Sec. 204.6(a) by removing ``under section 708 of title 17 
    of the United States Code'' and adding in its place ``and identified in 
    Sec. 201.3 of this chapter''.
    
    PART 211--MASK WORK PROTECTION
    
        35. The authority citation for part 211 continues to read as 
    follows:
    
        Authority: 17 U.S.C. 702 and 908.
        36. Amend Sec. 211.3 by revising paragraph (a) to read as follows:
    
    
    Sec. 211.3  Mask work fees.
    
        (a) Section 201.3 of this chapter prescribes the fees or charges 
    established by the Register of Copyrights for services relating to mask 
    works.
    * * * * *
        Dated: May 20, 1999.
    Marybeth Peters,
    Register of Copyright.
    
        Approved by:
    James H. Billington,
    The Librarian of Congress.
    [FR Doc. 99-13736 Filed 5-28-99; 8:45 am]
    BILLING CODE 1410-30-P
    
    
    

Document Information

Effective Date:
7/1/1999
Published:
06/01/1999
Department:
U.S. Copyright Office, Library of Congress
Entry Type:
Rule
Action:
Final Regulations.
Document Number:
99-13736
Dates:
July 1, 1999.
Pages:
29518-29522 (5 pages)
Docket Numbers:
Docket No. 98-2C
PDF File:
99-13736.pdf
CFR: (25)
37 CFR 201.3(c)
37 CFR 201.3(c)''
37 CFR 201.3(c),''
37 CFR 201.3(e)''
37 CFR 201.2
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