98-31852. Copyright Rules and Regulations  

  • [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]
    BILLING CODE 1410-30-P
    
    
    

Document Information

Effective Date:
12/1/1998
Published:
12/01/1998
Department:
U.S. Copyright Office, Library of Congress
Entry Type:
Rule
Action:
Technical amendment; correction.
Document Number:
98-31852
Dates:
December 1, 1998.
Pages:
66041-66042 (2 pages)
PDF File:
98-31852.pdf
CFR: (2)
37 CFR 201.5
37 CFR 201.22