[Federal Register Volume 63, Number 230 (Tuesday, December 1, 1998)]
[Rules and Regulations]
[Pages 66041-66042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31852]
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LIBRARY OF CONGRESS
Copyright Office
37 CFR Part 201
Copyright Rules and Regulations
AGENCY: Copyright Office, Library of Congress.
ACTION: Technical amendment; correction.
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SUMMARY: The Copyright Office is making one amendment to its rule at 37
CFR 201.22(e) and one correction to its interim rule at 37 CFR 201.5 to
update these portions of the copyright regulations. The amendment
concerns service of advance notice of potential infringement of certain
works, the fixation of which is made simultaneously with their
transmission, and the correction concerns applications for
supplementary registration.
EFFECTIVE DATE: December 1, 1998.
FOR FURTHER INFORMATION CONTACT: David O. Carson, General Counsel, or
Marilyn J. Kretsinger, Assistant 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: The Copyright Office is amending its
regulation concerning service of Advance Notice of Potential
Infringement of certain works pursuant to 17 U.S.C. 411(b), which was
amended by section 6 of the Copyright Technical Amendments Act, Pub. L.
105-80 (1997). Section 411(b) provides that a copyright owner of a work
consisting of sounds, images, or both, the fixation of which is made
simultaneously with its transmission, may institute an action for
copyright infringement if the copyright owner has served a notice on
the infringer identifying the work and the specific time and source of
its first transmission, and declaring an intention to secure copyright
in the work. The copyright owner must also register the work within
three months after its first transmission. Prior to the 1997 amendment,
section 411(b) required that the notice be served on the infringer
``not less than ten or more than thirty days before such fixation.''
The 1977
[[Page 66042]]
amendment changed the time period to ``not less than 48 hours before
such fixation.'' The amendment to 37 CFR 201.22(e) similarly changes
the period of time in which notice must be served from ``at least ten
days but not more than thirty days'' to ``not less than 48 hours''.
The Office also corrects recently amended language in 37 CFR
201.5(b)(2)(iii)(A) by inserting the word ``As'' at the beginning of
the sentence that comprises that paragraph. The word ``As'' was
inadvertently omitted when the amendment was made. See 63 FR 59235
(November 3, 1998).
List of Subjects in 37 CFR Part 201
Copyright, General provisions.
For the reasons stated above, the rules at 37 CFR part 201 are
corrected and 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. 201.5 [Corrected]
2. In Sec. 201.5(b)(2)(iii)(A), add ``As'' before the phrase ``an
amplification,''.
3. Section 201.22 is amended by revising paragraph (e)(1) to read
as follows:
Sec. 201.22 Advance notices of potential infringement of works
consisting of sounds, images, or both.
* * * * *
(e) * * *
(1) An Advance Notice of Potential Infringement shall be served on
the person responsible for the potential infringement not less than 48
hours before the first fixation and simultaneous transmission of the
work as provided by 17 U.S.C. 411(b)(1).
* * * * *
Dated: November 20, 1998.
Marybeth Peters,
Register of Copyrights.
[FR Doc. 98-31852 Filed 11-30-98; 8:45 am]
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