```

[Federal Register Volume 76, Number 126 (Thursday, June 30, 2011)]
[Rules and Regulations]
[Page 38306]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-16432]

[[Page 38306]]

=======================================================================
-----------------------------------------------------------------------

LIBRARY OF CONGRESS

Copyright Office

37 CFR Part 201

[Docket No. RM 2009-5]

Fees for Special Handling of Registration Claims

AGENCY: Copyright Office, Library of Congress.

ACTION: Extension of temporary rule.

-----------------------------------------------------------------------

SUMMARY: The Copyright Office is extending for one year the interim 
rule relating to fees for special handling of registration claims that 
have been pending for at least six months. Currently, the interim rule 
is set to expire on July 1, 2011, and this extension will change the 
expiration date to July 1, 2012.

DATES: The effective period of 37 CFR 201.15, published August 10, 2009 
(74 FR 39900) is extended through July 1, 2012.

FOR FURTHER INFORMATION CONTRACT: David O. Carson, General Counsel, or 
Kent Dunlap, Assistant General Counsel, Copyright GC/I&R, P.O. Box 
70400, Southwest Station, Washington, DC 20024. Telephone: (202) 707-
8380. Telefax: (202) 707-8366.

SUPPLEMENTARY INFORMATION: On August 10, 2009, the Copyright Office 
published a notice of an interim rule relating to fees for special 
handling of registration claims that have been pending for at least six 
months. 74 FR 39900 (August 10, 2009). Under this interim rule, the 
Copyright Office waived the normal special handling charges for 
conversion of a pending copyright application that had been pending for 
more than six months without any action by the Copyright Office in 
instances where the applicant satisfied the Office that special 
handling of the registration was needed because the applicant was about 
to file a suit for copyright infringement. The interim rule Sec.  
201.15, was set to expire on July 1, 2011.
    As was noted in the Federal Register notice announcing this interim 
rule, at that time the pendency rates for applications for registration 
had risen to unacceptably high levels due to issues relating to the 
transition to the Office's new electronic filing system, especially 
with respect to paper applications. Since that time, much progress has 
been made in reducing the pendency rates. The average time to complete 
claims that are submitted electronically is now 3 months, but for paper 
applications the average is now 13 months, with 30% of paper 
applications being processed within 6 months. Therefore, the Office has 
concluded that there remains a need to permit special handling without 
an additional fee in cases where applications have been pending for 
more than 6 months, without any action by the Copyright Office, and 
prompt registration is needed to permit the filing of a copyright 
infringement suit.
    The Office will reevaluate whether there is a continuing need for 
this interim rule to remain in place as the new expiration date 
approaches next year.
    Persons wishing to take advantage of this accommodation must 
continue to comply with the requirements set forth in section 201.15 of 
the Copyright Office regulations, including the requirement to submit 
an affidavit or declaration under penalty of perjury providing the 
information and documents required by that section of the regulations.

    Dated: June 22, 2011.
Maria A. Pallante,
Register of Copyrights.
    Approved by:
James H. Billington,
The Librarian of Congress.
[FR Doc. 2011-16432 Filed 6-29-11; 8:45 am]
BILLING CODE 1410-30-P
```