Federal Register / Vol. 75, No. 227 / Friday, November 26, 2010 / Proposed Rules 72771 

likely take place simultaneously with 

engagement and planning; operate 

across the full spectrum of strategic, 

operational, and tactical levels; and 

occur internally among DoD 

Components and externally with 

supported civil authorities and 

qualifying entities. 

(A) Policy coordination between the 

Department of Defense and other 

Federal departments is the 

responsibility of ASD(HD&ASA). Other 

DoD Components may send 

representatives to these meetings with 

the prior concurrence of 

ASD(HD&ASA). Standing Departmentallevel special events coordination 

meetings include: 

(1) USSS-led NSSE Working Group. 

(2) DHS-led Special Events Working 

Group. 

(3) Department of State, Bureau of 

Diplomatic Security-led International 

Sporting Event Group. 

(B) Coordination Below the Strategic 

Level. (1) Coordination within the 

Department is led by the ASD(HD&ASA) 

and is facilitated by the CJCS for the 

Combatant Commands and other Joint 

Commands and by other DoD 

Component Heads for their constituent 

elements. 

(2) The CJCS will work with the 

Service Chiefs, Chief NGB, and the 

heads of DoD Components when subject 

matter expertise is needed for the event 

organizers. This will be based upon 

location and other criteria, as needed. 

(ii) Inputs to the DHS-produced 

Integrated Federal Support 

Overview(IFSO) will be solicited by the 

CJCS and sent to the ASD(HD&ASA) for 

consolidation and deconfliction prior to 

final submission to DHS. DoD 

Component Heads not tasked by the 

Joint Staff will submit their input 

directly to ASD(HD&ASA). 

(iii) RFAs for DoD support will adhere 

to the following: 

(A) An RFA for DoD support to a 

special event may be made by Federal, 

State, or local civil authorities, or by 

other qualifying entities. 

(B) RFAs will be in writing and 

addressed to the Secretary of Defense, 

the Deputy Secretary of Defense or the 

Executive Secretary of the Department 

of Defense, 1000 Defense, Pentagon, 

Washington, DC 20301–1000. 

Components who receive RFAs directly 

from the requestor will immediately 

forward them to the Executive Secretary 

for disposition, distribution, and 

tracking. 

(C) The Executive Secretary will 

determine who within the Department 

has the lead action on the RFA. At a 

minimum, the RFA will be distributed 

to the ASD(HD&ASA) and the CJCS. If 

the RFA is for a single capability that a 

Component is the OPR or for which has 

Executive Agency. The Executive 

Secretary will send the RFA to that 

Component for action, and will provide 

an information copy to the 

ASD(HD&ASA) and the CJCS. 

(D) Vetting of RFAs will be in 

accordance with DoD’s Global Force 

Management process and consistent 

with criteria published in 32 CFR part 

185. 

(E) Unless directed otherwise, the 

Executive Secretary will communicate 

the Department’s decision on support to 

a special event to the requesting 

authorities. 

(4) Execution. Execution of DoD 

support to special events is a shared 

responsibility. The scope and 

magnitude of the support being 

provided will determine the OPR and 

level of execution. 

(i) When joint military forces or 

centralized command and control of 

DoD support to a special event are 

anticipated or required, a Combatant 

Commander shall be identified as the 

Supported Commander in a properly 

approved order issued by the CJCS. The 

designated Combatant Command shall 

be the focal point for execution of DoD 

support to that special event with other 

DoD Components in support. Reporting 

requirements shall be in accordance 

with the properly approved order issued 

by the CJCS and standing business 

practices. 

(ii) When there are no military forces 

required and no need for centralized 

command and control, DoD support to 

special events shall be executed by the 

CJCS or the head of a DoD Component, 

as designated in a properly approved 

order or message issued by the CJCS. 

Oversight of DoD support will be 

provided by the ASD(HD&ASA). 

(5) Recovery. (i) Durable, non-unit 

equipment, procured by the Department 

of Defense to support a special event, 

shall be retained by the CJCS for use 

during future events in accordance with 

§ 183.5(h)(7) of this part. 

(ii) An After-Action Report shall be 

produced by the Combatant Command 

or OPR and sent to ASD(HD&ASA) and 

the CJCS within 60 days of completion 

of the event. 

Dated: November 15, 2010. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

[FR Doc. 2010–29764 Filed 11–24–10; 8:45 am] 

BILLING CODE 5001–06–P 

LIBRARY OF CONGRESS 

Copyright Office 

37 CFR Part 201 

[Docket No. RM 2010–5] 

Gap in Termination Provisions 

AGENCY: Copyright Office, Library of 

Congress. 

ACTION: Notice of proposed rulemaking; 

request for comments. 

SUMMARY: The Copyright Office is 

proposing to amend its regulations 

governing notices of termination of 

certain grants of transfers and licenses 

of copyright under section 203 of the 

Copyright Act of 1976. The amendments 

are intended to clarify the recordation 

practices of the Copyright Office 

regarding the content of section 203 

notices of termination and the 

timeliness of their service and 

recordation, including a clarification 

that the Office will accept for 

recordation under section 203 a notice 

of termination of a grant agreed to before 

January 1, 1978 as long as the work that 

is the subject of the grant was not 

created before 1978. Whether such 

notices of termination fall within the 

scope of section 203 will ultimately be 

a matter to be resolved by the courts. 

DATES: Comments on the Notice of 

Proposed Rulemaking and Requests for 

Comments are due on or before 

December 27, 2010. 

ADDRESSES: The Copyright Office 

strongly prefers that comments be 

submitted electronically. A comment 

page containing a comment form is 

posted on the Copyright Office Web site 

at http://www.copyright.gov/docs/ 

termination. The Web site interface 

requires submitters to complete a form 

specifying name and organization, as 

applicable, and to upload comments as 

an attachment via a browse button. To 

meet accessibility standards, all 

comments must be uploaded in a single 

file in either the Adobe Portable 

Document File (PDF) format that 

contains searchable, accessible text (not 

an image); Microsoft Word; 

WordPerfect; Rich Text Format (RTF); or 

ASCII text file format (not a scanned 

document). The maximum file size is 6 

megabytes (MB). The name of the 

submitter and organization should 

appear on both the form and the face of 

the comments. All comments will be 

posted publicly on the Copyright Office 

Web site exactly as they are received, 

along with names and organizations. If 

electronic submission of comments is 

not feasible, please contact the 


srobinson on DSKHWCL6B1PROD with PROPOSALS
72772 Federal Register / Vol. 75, No. 227 / Friday, November 26, 2010 / Proposed Rules 

Copyright Office at 202–707–8125 for 

special instructions. 

FOR FURTHER INFORMATION CONTACT: 

Amanda Wilson Denton, Counsel for 

Policy and International Affairs, by 

telephone at 202–707–8125 or by 

electronic mail at amwi@loc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Copyright Act gives authors (and 

some heirs, beneficiaries and 

representatives who are specified by 

statute) the right to terminate certain 

grants of transfers or licenses within the 

time frames set forth in the statute and 

subject to the execution of certain 

conditions precedent. Termination 

rights (also referred to as ‘‘recapture 

rights’’) are equitable accommodations 

under the law. They allow authors or 

their heirs a second opportunity to share 

in the economic success of their works. 

Codified in sections 304(c), 304(d) and 

203 of Title 17, respectively, they 

encompass grants made before as well 

as after January 1, 1978 (the effective 

date of the 1976 Copyright Act). 

However, the provisions do not apply to 

copyrights in works made for hire or 

grants made by will. Sections 304(c) and 

304(d) establish termination rights for 

works subject to grants of transfers or 

licenses of copyright (or of any right 

under a copyright) made before January 

1, 1978, the effective date of the 1976 

Copyright Act. Section 203, which is the 

subject of this proposed rulemaking, 

establishes termination rights for works 

subject to grants of transfers or licenses 

executed by the author on or after the 

effective date of the 1976 Copyright Act. 

This proposed rulemaking is intended 

to address a narrow fact pattern that was 

the subject of a notice of inquiry after 

some authors and their representatives 

brought concerns to the attention of the 

Copyright Office and some 

Congressional Offices. In a Federal 

Register Notice dated March 29, 2010 

(75 FR 15390), the Office sought 

comments as to whether or how the 

termination provisions apply in 

circumstances where a grant was agreed 

to prior to January 1, 1978, but the work 

in question was created on or after 

January 1, 1978. In response to the 

Notice of Inquiry, the Copyright Office 

received sixteen initial comments and 

nine reply comments. These comments 

are available online on the Copyright 

Office Web site, at http:// 

www.copyright.gov/docs/termination/. 

Several of those commenters took the 

position that the termination right 

provided in section 203 of the Copyright 

Act should be available under the 

circumstances in question. They based 

this position on a number of legal and 

policy arguments, prominent among 

which was the argument that a grant is 

not fully executed under the law until 

the relevant work has been created. 

Therefore, pre-1978 grants for works not 

created until January 1, 1978 or later 

should be subject to termination under 

section 203. See, e.g., Comment of Jane 

C. Ginsburg, Columbia University Law 

School at page 1; and Comment of 

Kenneth D. Freundlich, Freundlich 

Law, and Neil W. Netanel, UCLA Law 

School, at pages 5–6. This argument is 

closely related to the idea that the rights 

created by title 17 can vest only in 

actual works of authorship, making the 

creation date of the work central to the 

point in time at which any right under 

the Copyright Act, including the 

termination right, may be transferred. 

See, e.g., Comment of Randall D. Wixen, 

Wixen Music Publishing, Inc., at 1. 

Several commenters also cited the 

legislative history of the 1976 Copyright 

Act and the express exceptions that are 

found within the termination provisions 

as evidence that Congress did not intend 

to preclude termination of pre-1978 

grants of works created on or after 

January 1, 1978. See, e.g., Comment of 

Bill Gable, Law Offices of Bill Gable, at 

page 2; and Comment of Niels 

Schaumann, William Mitchell College 

of Law, at page 4. 

At least one comment, however, 

expressed skepticism that section 203 

should apply to any fact patterns in 

which grants were made prior to 

January 1, 1978. It observed that there 

is some evidence that ‘‘Congress may 

have intended the term executed to 

mean signed’’ in other sections of the 

Copyright Act and that prior to the 

enactment of the Copyright Act of 1976, 

publications by the Copyright Office 

had expressed views consistent with the 

conclusion that a grant should be 

considered to be executed on the date 

the grant was signed. See Reply 

Comment of the Recording Industry 

Association of America, Inc. (‘‘RIAA’’), 

at pages 2–3. 

Based on the comments received, the 

Copyright Office believes that there are 

legitimate grounds to assert that, in the 

case of a grant signed (or, in the case of 

an oral license, agreed to) before January 

1, 1978 regarding rights in a work not 

created until January 1, 1978 or later, 

such a grant cannot be ‘‘executed’’ until 

the work exists. Therefore, the Office 

will record a notice of termination in 

such a case so long as the notice states 

that the grant was executed on a 

specified date that is on or after January 

1, 1978. A person serving and 

submitting a notice of termination based 

on the rationale described above would 

be justified in including in the notice, 

as the date of execution of the grant, the 

date that the work was created. For 

purposes of clearly identifying the grant 

being terminated, it may be useful also 

to state the date the grant was signed. 

The Office’s recordation of such notices 

of termination is without prejudice as to 

how a court might ultimately rule on 

whether the document is a notice of 

termination within the scope of section 

203. See 37 CFR 201.10(f)(5). 

Through the proposed regulatory 

amendments, the Office seeks to provide 

immediate practical guidance in light of 

the fact that the first deadlines for 

serving notices of section 203 

terminations for grants executed in 1978 

(if the terminating party wishes to 

terminate on the earliest possible date) 

will begin to expire next year. The 

amendments clarify that, consistent 

with existing recordation practices, the 

Office reserves the right to refuse a 

document for recordation as a section 

203 notice of termination if the date of 

execution of the grant, as reflected in 

the document submitted as a notice of 

termination, falls before January 1, 1978. 

This practice is consistent with the law 

(17 U.S.C. 203(a)) and the existing 

regulations (37 CFR 201.10(b)(2)). The 

proposed amendments to the 

regulations underscore the 

consequences of failure on the part of an 

author or his heirs to comply with this 

aspect of section 203(a) of the Copyright 

Act, which can prevent recordation of 

the document as a notice of termination. 

Failure to record a notice of termination 

in a timely manner is a fatal error that 

will prevent termination from taking 

effect. 

The Office also takes the opportunity 

in this proposed rulemaking to clarify 

certain circumstances under which the 

Office will refuse to index as notices of 

termination documents submitted under 

section 203, for reason of certain 

procedural failures drawn from the clear 

language of the Copyright Act. These 

circumstances include a date of 

execution of the grant that falls before 

January 1, 1978 (as discussed above), an 

effective date of termination that does 

not fall within the allowed statutory 

period (17 U.S.C. 203(a)(3)), improperly 

timed service of the notice of 

termination (17 U.S.C. 203(a)(4)(A)), or 

submission of documents for 

recordation as notice of termination on 

or after the effective date of termination 

(17 U.S.C. 203(a)(4)(A)). These 

circumstances are not intended to be an 

exhaustive list of procedural failures 

that may result in failure to record 

notices of termination. 


srobinson on DSKHWCL6B1PROD with PROPOSALS
Federal Register / Vol. 75, No. 227 / Friday, November 26, 2010 / Proposed Rules 72773 

List of Subjects in 37 CFR Part 201 

Copyright. 

Proposed Regulations 

In consideration of the foregoing, the 

Copyright Office proposes to amend part 

201 of 37 CFR, as follows: 

PART 201—GENERAL PROVISIONS 

1. The authority citation for part 201 

reads as follows: 

Authority: 17 U.S.C. 702; Section 201.10 

also issued under 17 U.S.C. 203 and 304. 

2. Amend § 201.10 by revising 

paragraph (f)(4) as follows: 

§ 201.10 Notices of termination of 

transfers and licenses. 

* * * * * 

(f) * * * 

(4) Notwithstanding anything to the 

contrary in this section, the Copyright 

Office reserves the right to refuse 

recordation of a notice of termination as 

such if, in the judgment of the Copyright 

Office, such notice of termination is 

untimely. Conditions under which a 

notice of termination will be considered 

untimely include: the date of execution 

stated therein does not fall on or after 

January 1, 1978, as required by section 

203(a) of title 17, United States Code; 

the effective date of termination does 

not fall within the five-year period 

described in section 203(a)(3) of title 17, 

United States Code; or the documents 

submitted indicate that the notice of 

termination was served less than two or 

more than ten years before the effective 

date of termination. If a notice of 

termination is untimely or if a 

document is submitted for recordation 

as a notice of termination on or after the 

effective date of termination, the Office 

will offer to record the document as a 

‘‘document pertaining to copyright’’ 

pursuant to § 201.4(c)(3), but the Office 

will not index the document as a notice 

of termination. Any dispute as to 

whether a document so recorded is 

sufficient in any instance to effect 

termination as a matter of law shall be 

determined by a court of competent 

jurisdiction. 

* * * * * 

Dated: November 19, 2010. 

Marybeth Peters, 

Register of Copyrights. 

[FR Doc. 2010–29743 Filed 11–24–10; 8:45 am] 

BILLING CODE 1410–30–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 64 

[CG Docket Nos. 10–207 and 09–158; FCC 

10–180] 

Empowering Consumers to Avoid Bill 

Shock; Consumer Information and 

Disclosure 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: In this document, the 

Commission proposes rules that would 

require mobile service providers to 

provide usage alerts and information 

that will assist consumers in avoiding 

unexpected charges on their bills. The 

Commission believes its proposals will 

allow consumers to understand the 

costs associated with use of their mobile 

service plans and take advantage of 

safeguards against bill shock by 

providing them with timely information 

to better manage those costs and thereby 

avoid incurring unexpected charges on 

their bills. 

DATES: Comments are due on or before 

December 27, 2010. Reply comments are 

due on or before January 25, 2011. 

Written comments on the proposed 

information collection requirements, 

subject to the Paperwork Reduction Act 

of 1995, Public Law 104–13 (PRA), 

should be submitted on or before 

January 25, 2011. 

ADDRESSES: You may submit comments, 

identified by [CG Docket No. 10–207], 

by any of the following methods: 

fi Electronic Filers: Comments may 

be filed electronically using the Internet 

by accessing the Commission’s 

Electronic Comment Filing System 

(ECFS) http://fjallfoss.fcc.gov/ecfs2/ or 

the Federal eRulemaking Portal: http:// 

www.regulations.gov. Filers should 

follow the instructions provided on the 

Web site for submitting comments and 

transmit one electronic copy of the 

filing to each docket number referenced 

in the caption, which in this case is CG 

Docket No. 10–207. For ECFS filers, in 

completing the transmittal screen, filers 

should include their full name, U.S. 

Postal Service mailing address, and the 

applicable docket number. 

Parties may also submit an electronic 

comment by Internet e-mail. To get 

filing instructions, filers should send an 

e-mail to ecfs@fcc.gov, and include the 

following words in the body of the 

message, ‘‘get form <your e-mail 

address>.’’ A sample form and 

directions will be sent in response. 

fi Paper Filers: Parties who choose to 

file by paper must file an original and 

four copies of each filing. Because two 

docket numbers appear in the caption of 

this proceeding, filers must submit two 

additional copies for the additional 

docket number. In addition, parties 

must send one copy to the 

Commission’s duplicating contractor, 

Best Copy and Printing, Inc., 445 12th 

Street, SW., Washington, DC 20554, or 

via e-mail to fcc@bcpiweb.com. Filings 

can be sent by hand or messenger 

delivery, by commercial overnight 

courier, or by first-class or overnight 

U.S. Postal Service mail. All filings 

must be addressed to the Commission’s 

Secretary, Office of the Secretary, 

Federal Communications Commission. 

fi All hand-delivered or messengerdelivered paper filings for the 

Commission’s Secretary must be 

delivered to FCC Headquarters at 445 

12th St., SW., Room TW–A325, 

Washington, DC 20554. All hand 

deliveries must be held together with 

rubber bands or fasteners. Any 

envelopes must be disposed of before 

entering the building. The filing hours 

are 8 a.m. to 7 p.m. 

fi Commercial overnight mail (other 

than U.S. Postal Service Express Mail 

and Priority Mail) must be sent to 9300 

East Hampton Drive, Capitol Heights, 

MD 20743. U.S. Postal Service firstclass, Express, and Priority mail must be 

addressed to 445 12th Street, SW., 

Washington, DC 20554. 

In addition, document FCC 10–180 

contains proposed information 

collection requirements subject to the 

PRA. It will be submitted to the Office 

of Management and Budget (OMB) for 

review under section 3507 of the PRA. 

OMB, the general public, and other 

Federal agencies are invited to comment 

on the proposed information collection 

requirements contained in this 

document. PRA comments should be 

submitted to Cathy Williams, Federal 

Communications Commission via e-mail 

at PRA@fcc.gov and 

Cathy.Williams@fcc.gov, and to 

Nicholas A. Fraser, Office of 

Management and Budget, via fax at 

(202) 395–5167, or via e-mail to 

Nicholas_A._Fraser@omb.eop.gov. 

FOR FURTHER INFORMATION CONTACT: 

Richard D. Smith, Consumer and 

Governmental Affairs Bureau, Policy 

Division, at (717) 338–2797 (voice), or email Richard.Smith@fcc.gov. 

For additional information concerning 

the PRA information collection 

requirements contained in this 

document, contact Cathy Williams, 

Federal Communications Commission, 

at (202) 418–2918, or via e-mail 

Cathy.Williams@fcc.gov. 


srobinson on DSKHWCL6B1PROD with PROPOSALS