98-29383. Corrections and Amplifications of Copyright Registrations; Applications for Supplementary Registration

[Federal Register Volume 63, Number 212 (Tuesday, November 3, 1998)]
[Rules and Regulations]
[Pages 59235-59236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29383]


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LIBRARY OF CONGRESS

Copyright Office

37 CFR Part 201

[Docket No. RM 98-10]


Corrections and Amplifications of Copyright Registrations; 
Applications for Supplementary Registration

AGENCY: Copyright Office, Library of Congress.

ACTION: Interim Rule; correction.

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SUMMARY: Subsection 408(d) of the Copyright Act authorizes the Register 
of Copyrights to accept applications for supplementary registration to 
correct errors or amplify information in basic registrations. The 
Copyright Office of the Library of Congress is now changing the 
regulatory language to clarify the type of amplification that may be 
made to a basic registration through supplementary registration.

EFFECTIVE DATE: November 3, 1998.

FOR FURTHER INFORMATION CONTACT: David O. Carson, General Counsel, or 
Renee Coe, Attorney Advisor, Copyright GC/I&R, PO Box 70400, Southwest 
Station, Washington, DC 20024. Telephone [phone] or Telefax 
[phone].

SUPPLEMENTARY INFORMATION:

Background

    Subsection 408(d) of the Copyright Act authorizes the Register of 
Copyrights to accept applications for supplementary registration. The 
purpose of supplementary registration is to correct errors or amplify 
information in a basic registration. The regulations for supplementary 
registration are contained in 37 CFR 201.5, which took effect on 
January 1, 1978, to implement the 1976 revision of the Copyright Act. 
Since that time, only minor technical amendments have been made to 
Sec. 201.5.
    The Copyright Office is now revising portions of Sec. 201.5(b) to 
convey more clearly the Copyright Office's practices and procedures 
regarding the kind of amplifications that may be made to a basic 
registration through supplementary registration. The purpose of this 
notice is to remove any ambiguity concerning paragraph (b) that might 
exist by clarifying what has been standard practice for many years.
    The Copyright Office determined that paragraph (b) should be 
clarified after it recently became aware that a member of the public 
misinterpreted the kind of amplification that may be made to a basic 
application through supplementary registration. Under this 
misinterpretation, paragraph (b) would prevent an amplification to add 
the name of someone who is a co-claimant or co-owner of a copyright but 
who is not also a co-author. The Copyright Office recognizes that 
paragraph (b) may be susceptible of such a misinterpretation. This 
amendment will preclude such an interpretation by clarifying that 
supplementary registration may be used to add the name of a co-owner or 
co-claimant who is not a co-author but whose name should have been 
provided at the time the basic registration was made.
    This clarification is made by limiting amplifications to the 
information that is required by the application for the basic 
registration. See Sec. 201.5(b)(2)(ii)(A). Defined this way, it is 
clear that supplementary registration may be made to add information 
about claimants, whether or not they are also authors, if such 
information constitutes a correct statement of the facts that existed 
at the time of the original submission of the claim already on record. 
The information that is required in an application for a basic 
registration is set forth at 17 U.S.C. 409. The Copyright Office 
follows the general policy of requiring all authors and copyright 
claimants to supply information, consistent with 17 U.S.C. 409, 
concerning the authorship being claimed in the application for 
registration.
    As revised, Sec. 201.5(b)(2)(ii)(A) now expressly states that a 
supplementary registration may be made to provide information ``such as 
the identity of a co-author or co-claimant.'' This amendment also 
clarifies that an amplification may not be made through supplementary 
registration to add information about an owner or claimant who acquired 
a copyright claim on or after the effective date of registration. See 
Sec. 201.5(b)(2)(iii)(A).
    These changes clarify what have been the Copyright Office's 
longstanding practices and procedures. There will be no change in 
Copyright Office procedures as a result of this amendment.

List of Subjects in 37 CFR Part 201

    Copyright, Registration.

Interim Rule

    For the reasons stated above, 37 CFR 201.5 is amended as set forth 
below:

PART 201--GENERAL PROVISIONS

    1. The authority citation for part 201 continues to read as 
follows:

    Authority: 17 U.S.C. 702.

[[Page 59236]]

Sec. 201.5  [Amended]

    2. Amend Sec. 201.5 to revise paragraphs (b)(2)(ii) and 
(b)(2)(iii)(A) to read as follows:
* * * * *
    (b) * * *
    (2) * * *
    (ii) An amplification is appropriate:
    (A) To supplement or clarify the information that was required by 
the application for the basic registration and should have been 
provided, such as the identity of a co-author or co-claimant, but was 
omitted at the time the basic registration was made, or
    (B) To reflect changes in facts, other than those relating to 
transfer, license, or ownership of rights in the work, that have 
occurred since the basic registration was made.
    (iii) * * *
    (A) an amplification, to reflect a change in ownership that 
occurred on or after the effective date of the basic registration or to 
reflect the division, allocation, licensing or transfer of rights in a 
work; or
* * * * *
    Dated: October 25, 1998.
Marybeth Peters,
Register of Copyrights.

    Approved by:
James H. Billington,
Librarian of Congress.
[FR Doc. 98-29383 Filed 11-2-98; 8:45 am]
BILLING CODE 1410-30-P