26162 Federal Register / Vol. 65, No. 88 / Friday, May 5, 2000 / Proposed Rules

practitioners are registered nurses with

advanced education and clinical

expertise that qualifies them to diagnose

and treat illnesses and injuries. Under

current regulations, the Board does not

accept a statement of sickness or

supplemental statement of sickness

from a nurse practitioner. A claimant

who submits a statement of sickness

signed by a nurse practitioner is

informed that the statement may not be

accepted and is required to get a new

one signed by an individual listed in

§ 335.3(a). This is administratively

costly and delays the payment of

sickness benefits. Thus, the Board

proposes to add ‘‘nurse practitioner’’ to

the list of individuals from whom it will

accept a statement of sickness.

The Board, with the concurrence of

the Office of Management and Budget,

has determined that this is not a

significant regulatory action for

purposes of Executive Order 12866.

Therefore, no regulatory analysis is

required. The information collections

contemplated by this part have been

approved by the Office of Management

and Budget under control number 3220–

0039.

List of Subjects in 20 CFR Part 335

Railroad employees, Railroad

unemployment insurance, Reporting

and recordkeeping requirements.

For the reasons set out in the

preamble, the Railroad Retirement

Board proposes to amend title 20,

chapter II of the Code of Federal

Regulations as follows:

PART 335—SICKNESS BENEFITS

1. The authority citation for part 335

continues to read as follows:

Authority: 45 U.S.C. 362(i) and 362(l).

2. Section 335.3 is amended as

follows: remove ‘‘or’’ at the end of

paragraph (a)(9), remove the period and

add ‘‘; or’’ at the end of paragraph

(a)(10), and add a new paragraph (a)(11)

to read as follows:

§ 335.3 Execution of statement of sickness

and supplemental doctor’s statement.

(a) * * *

(11) A nurse practitioner.

* * * * *

Dated: April 28, 2000.

By Authority of the Board.

Beatrice Ezerski,

Secretary to the Board.

[FR Doc. 00–11220 Filed 5–4–00; 8:45 am]

BILLING CODE 7905–01–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 16 and 900

[Docket No. 99N–4578]

RIN 0910–AB98

State Certification of Mammography

Facilities; Correction

AGENCY: Food and Drug Administration,

HHS.

ACTION: Proposed rule; correction.

SUMMARY: The Food and Drug

Administration (FDA) is correcting a

proposed rule that appeared in the

Federal Register of March 30, 2000 (65

FR 16847). The document proposes to

implement the ‘‘States as certifiers

provisions’’ of the Mammography

Quality Standards Act of 1992 (the

MQSA). In the March 30, 2000,

proposed rule, there were two incorrect

references to the provisions of the

MQSA being implemented. This

document corrects those errors.

FOR FURTHER INFORMATION CONTACT:

Ruth A. Fischer, Center for Devices and

Radiological Health (HFZ–240), Food

and Drug Administration, 1350 Piccard

Dr., Rockville, MD 20850, 301–594–

3332, FAX 301–594–3306.

SUPPLEMENTARY INFORMATION: In FR Doc.

00–7653, appearing on page 16847 in

the Federal Register of March 30, 2000,

the following corrections are made:

1. On page 16847, in the first column,

under the SUMMARY, in line 3, ‘‘patient

notification’’ is corrected to read ‘‘States

as certifiers’’.

2. On page 16848, in the first column,

the heading in section D, ‘‘The Patient

Notification Provisions’’ is corrected to

read ‘‘The States as Certifiers

Provisions’’.

Dated: April 15, 2000.

Linda S. Kahan,

Deputy Director for Regulations Policy, Center

for Devices and Radiological Health.

[FR Doc. 00–11330 Filed 5–4–00; 8:45 am]

BILLING CODE 4160–01–F

LIBRARY OF CONGRESS

Copyright Office

37 CFR Part 202

[Docket No. RM 95–7B]

Registration of Claims to Copyright,

Group Registration of Photographs

AGENCY: Copyright Office, Library of

Congress.

ACTION: Proposed regulations with

request for comments.

SUMMARY: The Copyright Office of the

Library of Congress is proposing

regulations to facilitate group

registration of published photographs.

These proposed regulations differ

significantly from regulations proposed

earlier in this rulemaking proceeding, as

they require the deposit of the actual

photographic images, rather than merely

written identifying descriptions, for

registration purposes and as they

pertain only to published photographs.

This option for group registration of

photographs is available only for

registration of works by an individual

photographer which are published

within one calendar year. In addition,

the Office also proposes to liberalize the

deposit requirements for groups of

unpublished photographs registered as

unpublished collections. The Office is

seeking comments only on these

proposals.

DATES: Written comments on the

proposed regulations should be received

on or before June 19, 2000.

ADDRESSES: If sent BY MAIL, an original

and 15 copies of written comments

should be addressed to David O. Carson,

General Counsel, Copyright GC/I&R,

P.O. Box 70400, Southwest Station,

Washington, DC 20024. If delivered by

hand, an original and 15 copies should

be brought to: Office of the Copyright

General Counsel, James Madison

Memorial Building, Room LM–403, 101

Independence Avenue, SE.,

Washington, DC 20559.

FOR FURTHER INFORMATION CONTACT:

David Carson, General Counsel, or

Patricia L. Sinn, Senior Attorney

Advisor, Telephone: (202) 707–8380.

Fax: (202) 707–8366.

SUPPLEMENTARY INFORMATION: 

I. Background

Registration of a copyright can be

made at any time during the term of

statutory protection; however, with the

exception of a three-month grace period

dating from first publication, the law

prohibits the award of statutory

damages or attorney’s fees where a work

has not been registered before

infringement occurs. 17 U.S.C. 412.

Under the 1976 Copyright Act, as

amended, an applicant may register a

claim in an original work of authorship

with the Copyright Office by submitting

a completed application, a fee, and a

deposit of copies of the work to be

registered. The nature of the copy to be

deposited is set out in the statute in

general terms, e.g., one complete copy

or phonorecord of an unpublished work,

Federal Register / Vol. 65, No. 88 / Friday, May 5, 2000 / Proposed Rules 26163

1See Copyright Reform Act of 1993: Hearings on

H.R. 897 Before the Subcomm. on Intellectual

Property and Judicial Administration of the House

Comm. on the Judiciary, 103d Cong., 1st Sess. 370–

72 (1993). See also, Copyright Reform Act of 1993:

Hearing on S. 373 Before the Subcomm. on Patents,

Copyrights and Trademarks of the Senate Comm.

on the Judiciary, 103d Cong., 1st Sess. 169 (1993).

2All comments and the transcript of the June 26,

1996, public meeting are available for inspection in

the Copyright Office Public Information Office.

and two complete copies or

phonorecords of the best edition of a

published work if first published in the

United States. 17 U.S.C. 408(b). The

Register of Copyrights may require or

permit the deposit of identifying

material instead of copies or

phonorecords; and the Register may

allow a single registration for a group of

related works. 17 U.S.C. 408(c).

A. Legislative Intent

In explaining section 408(c), the

House Judiciary Committee noted that it

was intended to give the Register of

Copyrights ‘‘latitude in adjusting the

type of material deposited to the needs

of the registration system.’’ H. R. Rep.

No. 94–1476, at 153 (1976). It stated that

‘‘Where the copies or phonorecords are

bulky, unwieldy, easily broken, or

otherwise impractical to file and retain

as records identifying the work

registered, the Register would be able to

require or permit the substitute deposit

of material that would better serve the

purpose of identification. Cases of this

sort might include, for example,

billboard posters, toys and dolls,

ceramics and glassware, costume

jewelry, and a wide range of threedimensional objects embodying

copyrighted material. The Register’s

authority would also extend to rare or

extremely valuable copies which would

be burdensome or impossible to

deposit.’’ Id. at 154 (emphasis added).

Finally, Congress noted that the

provision empowering the Register to

allow a number of related works to be

registered together as a group

‘‘represents a needed and important

liberalization of the law now in effect.

At present the requirement for separate

registrations where related works or

parts of a work are published separately

has created administrative problems and

has resulted in unnecessary burdens

and expense on authors and other

copyright owners.’’ Id. A group of

photographs by one photographer was

cited as one example where these

results could be avoided by allowing a

group registration.

B. Registration Concerns Expressed by

Photographers

For some time the Copyright Office

has been working with photographers to

devise a registration system that works

more effectively for photographers who

have said that they find it difficult to

register the many images they create due

to concerns of time, effort and expense.

At the same time, the procedure

adopted must meet the requirement that

the deposit adequately identify the work

registered. Photographers have urged

that the nature of much photography,

where thousands of images may be

created, particularly by free-lance

photographers, with only a few images,

if any, being published, makes

registration difficult. They assert that at

the time registration may be sought, the

photographer may not know which

photographs, if any, will be or have

been published. Often a photographer’s

film is turned over to another party

which processes and uses the images,

leaving the photographer with nothing

to deposit with the Copyright Office for

registration purposes.

In an attempt to make registration

easier for such photographers, the Office

expanded its procedures regarding

deposit materials for two and three

dimensional works of the visual arts.

For example, the Office accepts the

deposit of a videotape or filmstrip as

identifying material for collections of

unpublished photographs. Despite the

liberalization of deposit procedures,

many photographers continued to urge

that the requirement that they deposit a

visual image of each photograph

covered in the registration precludes

them from registering. They claim that

while they have been given a legal right

by the copyright law, they have no

effective remedy, thus leading to

continued infringement of their works.

During congressional hearings on the

proposed Copyright Reform Act of 1993,

photographers stated that they could not

take advantage of the benefits of

copyright registration because the

Office’s practices were too burdensome

in terms of the time and cost required

to submit a copy of each image included

in a collection of photographs.1

In June, 1993, the Librarian of

Congress appointed an Advisory

Committee on Copyright Registration

and Deposit (ACCORD) to advise him

‘‘concerning the impact and

implications of the [proposed]

Copyright Reform Act of 1993. . .’’

Library of Congress, Advisory

Committee on Copyright Registration

and Deposit, Report of the Co-Chairs, vii

(1993). The Committee recommended

that the Office expand ‘‘the use of group

registration and optional deposit to

reduce the present burdens’’ and

‘‘consult more actively and frequently

with present and potential registrants to

hear their problems and to respond to

them whenever possible.’’ Id. at 20.

C. Office’s Further Attempts to Address

Photographer’s Concerns.

After the ACCORD report was issued,

the Copyright Office met with

photographers and their representatives

and sought a workable solution for

photographers which would not cause

unforeseen problems for publishers,

photofinishers, and other users of

photographs. On December 4, 1995, the

Office initiated a rulemaking proceeding

by publishing proposed regulations with

a request for comments. 60 FR 61657

(Dec. 4, 1995). The proposed regulations

would have permitted individual

photographers and photography

businesses to make group registrations

of mixed unpublished and published

photographs with the deposit of

identifying material consisting of

written descriptions of the photos in a

particular grouping rather than copies of

individual photo images. The notice of

proposed rulemaking also framed

questions regarding possible

consequences of adopting the proposed

regulations which were much more

liberal than anything the Office had

previously proposed.

The proposed regulations elicited a

great deal of controversy. In an effort to

reach consensus, the Office held a

public hearing and provided for an

additional comment period. See 61 FR

28829 (June 6, 1996).2 Some

respondents approved the proposed

regulations, in whole or in part, as

aiding photographers in their desire for

access to legal remedies. Others raised

a number of concerns, the most serious

of which is the value of the copyright

deposit as an identification of the work

registered and the question of whether

descriptive identifying material serves

as well as the deposit of the complete

image of a photograph for a court’s

purposes. Some respondents claimed

that based on past experience, it was

likely that the proposed regulations

would promote frivolous litigation

targeting parties who unknowingly

reproduced copies of copyrighted

photographs without the copyright

owner’s permission. In response to this

concern, industry representatives

presented a set of proposed guidelines

that not only would be followed by

industry members who had previously

agreed to them, but also were proposed

to be included in, or referenced by, the

Office’s final regulations.

Another controversial issue

highlighted by commenters was whether

registration claimants who decided to

use proposed group registration

26164 Federal Register / Vol. 65, No. 88 / Friday, May 5, 2000 / Proposed Rules

3The definition of ‘‘publication’’ in the 1976

Copyright Act, as amended, is as follows:

‘‘Publication’’ is the distribution of copies or

phonorecords of a work to the public by sale or

other transfer of ownership, or by rental, lease, or

lending. The offering to distribute copies or

phonorecords to a group of persons for purposes of

further distribution, public performance, or public

display, constitutes publication. A public

performance or display of a work does not of itself

constitute publication. 17 U.S.C. 101.

4The Compendium of Copyright Office Practices,

Compendium II, § 904 states the Office’s general

practice with respect to publication, including that

‘‘The Office will ordinarily not attempt to decide

whether or not publication has occurred but will

generally leave this decision to the applicant.’’

5 ‘‘1) Where the applicant is uncertain as to which

of several possible dates to choose, it is generally

advisable to choose the earliest date, to avoid

implication of an attempt to lengthen the copyright

term, or any other period prescribed by the statute.

‘‘2) When the exact date is not known, the best

approximate date may be chosen. In such cases,

qualifying language such as ‘approximately,’ ‘on or

about,’ ‘circa,’ ‘no later than,’ and ‘no earlier than,’

will generally not be questioned.’’

procedures would (or could), by making

that choice, be forced by provisions of

the industry agreement to waive rights

to statutory damages and attorney’s fees

in innocent infringement

determinations. Further comments

concerned other registration

requirements, identifying deposit

information, effective date of

registration, and consumer education

about copyright law.

Professor Peter Jaszi, a member of the

ACCORD advisory committee, asserted

that although some specific and limited

suggestions about how to address

photographers’ concerns were

incorporated in recommendations made

by the Librarian of Congress’ advisory

group ACCORD in response to the

proposed 1993 Copyright Reform Act,

‘‘there is little if anything in the

ACCORD record which lends support to

such a far-reaching revision of

registration and deposit practice’’ as was

contained in the Office’s proposed

group registration regulations. Jaszi

reply comments in RM 95–7 at 1.

D. Further Reflection on the 1995

Proposal

When the Office opened this

rulemaking proceeding in 1995, its goals

were to determine how to modify

registration and deposit procedures to

ensure deposit of works for the record,

to register works to protect claimants,

and ultimately to benefit the public by

providing access to information on

copyright status and ownership of

photographic works. Its efforts to further

liberalize deposit provisions for

photographers led to what seemed

insurmountable differences about the

purpose of the copyright deposit which

could not be resolved to the satisfaction

of all interested parties. Although the

rulemaking proceeding has remained

open for a considerable period of time,

the Office has continued to consider the

issues raised in the proceeding and in

other contexts (e.g., the adjustment of

registration fees and other statutory

fees). It has also determined that it

should reexamine the purpose of the

section 408 copyright deposit for all

classes of works and expects to publish

a Notice of Inquiry to begin the study

this year. Meanwhile, the Office is

reluctant to implement a procedure that

would permit the acceptance of deposits

that do not meaningfully reveal the

work for which copyright protection is

claimed.

The Office has decided that it should

move forward with a more modest

proposal which would permit group

registration of related published

photographs. Since this rulemaking

proceeding commenced in 1995, there

have been advances in the technology

that permits the taking and/or

preservation of photographs in digital

form, and in the commercial availability

of such technology. The Office expects

that such advances over the next several

years will make identification and

imaging of photographs for registration

purposes even easier so that registration

will become more readily available for

photographers.

II. Group Registration of Photographs

Published in the Same Calendar Year

Continued reflection on the issue

suggested a possible alternative that

would give many photographers a more

flexible group registration procedure by

permitting registration of multiple

photographs created by one

photographer which are published on

different dates but in the same calendar

year. The Office is now proposing

regulations that would permit such an

alternative. A.

A. Works Covered and Required

Identification.

Each submission for group

registration must contain photographs

by an individual photographer that were

all published 3 within the same calendar

year. The claimant(s) for all photographs

in the group must be the same. The date

of publication for each photograph must

be indicated either on the individual

image or on the registration application

or application continuation sheet in

such a manner that for each photograph

in the group, it is possible to ascertain

the date of its publication. However, the

Office will not catalog individual dates

of publication; the Copyright Office

catalog will include the single

publication date or range of publication

dates indicated on the Form VA. If the

claimant uses a continuation sheet to

provide details such as date of

publication for each photograph, the

certificate of registration will

incorporate the continuation sheet, and

copies of the certificate may be obtained

from the Copyright Office and reviewed

in the Office’s Card Catalog room.

The Office notes that although it will

accept group registration claims for all

photographs published within a

calendar year, an applicant who wishes

to ensure that he is eligible for statutory

damages and attorney’s fees must

register within three months of

publication. 17 U.S.C. 412. Applicants

would be well-advised to submit a

group registration claim within each

three-month period in which any

photographs in the group were

published.

The Office recognizes that some

commenters have previously expressed

the view that photographers sometimes

have difficulty knowing exactly when—

or even whether 4—a particular

photograph has been published. With

respect to date of publication, it should

be noted that the Office’s longstanding

practices permit the claimant some

flexibility in determining the

appropriate date. See, e.g., Compendium

of Copyright Office Practices,

Compendium II, § 910.02 (1984) (Choice

of a date of first publication).5

Notwithstanding such concerns, the

Office has concluded that it cannot

establish a group registration procedure

that permits claimants to include both

published and unpublished

photographs within a single group

registration due to their inability to

determine whether a particular

photograph has been published. A

procedure permitting inclusion of both

published and unpublished works in a

single registration would be

unprecedented and would ignore

critical distinctions between the

copyright law’s treatment of published

works and its treatment of unpublished

works. See, e.g., 1 Melville B. Nimmer

and David Nimmer, Nimmer on

Copyright § 4.01[A] (1999). Moreover,

an application for copyright registration

must identify the date and nation of first

publication for each published work. 17

U.S.C. 409(8). That statutory

requirement would be inconsistent with

a procedure that permitted claimants to

refrain from identifying whether a

particular photograph has been

published.

The Office also requests comments on

whether applications for group

registration of photographs should be

permitted to state a range of dates of up

to three months (e.g., January 1–March

Federal Register / Vol. 65, No. 88 / Friday, May 5, 2000 / Proposed Rules 26165

31, 2001) in which all the photographs

in the group were published, rather than

stating specific dates of publication for

each photograph. The Office would

consider such an alternative only if it

were persuaded that requiring specific

dates of publication for each photograph

would impose an unjustifiable and

burdensome hardship on photographers,

and that the advantages (to claimants

and to the public record) of such an

alternative would outweigh its

disadvantages.

The Office believes that it would be

beneficial and would create a clearer

public record if claimants are required

to number the photographs in a group

consecutively (e.g., from 1 to 500), and

to indicate the number of each

photograph on or affixed to the

individual image of the photograph that

is deposited. The Office requests

comments on whether such a

requirement would be desirable.

B. Use of the Appropriate Form,

Deposit, and Fee

To register qualified works as a group,

an applicant should submit an

application Form VA, with the

appropriate fee and a deposit consisting

of an image of each photograph

included in the group. The statutory

requirement of a deposit of two

complete copies of the best edition of

each published photograph is waived,

and a claimant may submit a single

copy of each image in any of the

following formats: Iimages in digital

form on CD–ROM or DVD–ROM; single

images (prints, at least 3 inches by 3

inches and preferably archivallyprocessed on fiber-based paper); contact

sheets (preferably archivally-processed

on fiber-based paper); slides with single

images; slides each containing up to 36

images; or multiple images on video

tape. In addition, any or all of the

photographs may be deposited in the

format in which they were originally

published, such as clippings from a

newspaper or magazine. The Office

seeks comment on whether there are

other formats for deposit of full images

of photographs that will minimize the

burden on photographers while

providing the Office and the public

record with accessible and usable

images. The Office also seeks comment

on what file formats should be

acceptable for photographs submitted

on CD–ROM.

The Office also seeks comments on

whether it should provide an optional

specialized continuation sheet, similar

to Form GR/CP (the adjunct application

form for group registration of

contributions to periodicals), which

could provide specific information (e.g.,

title or other description, date of

publication) about each photograph

included in the group.

C. How Many Photographs May Be

Included in One Registration?

Due to administrative and workload

considerations, a maximum of 500

photographs may be included in a single

group registration. The approximate

number of photographs in the group

submitted must be indicated on the

application.

D. Relationship of This New Procedure

to Other Types of Registration of

Photographs

Registration and deposit requirements

for unpublished photographs remain

unchanged, and may be found in 17

U.S.C. 408(b)(1) and 37 CFR

202.20(b)(1)(i), and (c)(4)(xix).

Registration for individual photographs

may still be made using a Form VA,

submitted with a registration fee of

$30.00 and a copy of the photograph

which complies with the existing

deposit requirements found at 37 CFR

202.20.

Unpublished collections of

photographs may be registered pursuant

to the requirements set forth in 37 CFR

202.3(b)(3). The new liberalized deposit

requirements of 37 CFR 202.20(c)(2)(xx),

discussed above in section C for group

registration of published photographs,

shall also apply to deposit of

unpublished collections of photographs.

Thus, photographers will be able to

register groups of unpublished

photographs in much the same manner

as that in which they can register groups

of published photographs.

III. Public Comment

The Copyright Office is seeking

comment only on the rules proposed in

this notice. Reargument of issues raised

earlier in this rulemaking that have, at

this point, been rejected by the Office

(e.g., acceptance of descriptive

identifying material as deposits in lieu

of actual images) will not be productive.

Following review of comments, the

Office will adopt final regulations.

Interested parties are invited to submit

comments on the following points:

1. Under the proposed regulations, a

claimant must identify the date of

publication of each image published

within the same calendar year and

submitted for registration. As deposit

copies, the Office will accept images in

digital form on CD–ROM or DVD–ROM;

single images; contact sheets; slides

with single images; slides each

containing up to 36 images; or multiple

images on video tape. The Office will

also accept copies of the photographs in

the formats in which they were

originally published (e.g., clippings

from newspapers or magazines). The

final regulation will specify how dates

must be provided for each photograph

in the group in such a way that for each

photograph, one can ascertain its date of

publication. Recommendations about

the best methods for providing this

information are invited now. In the

proposed regulations, applicants will

have the option of identifying each

photograph and its date of publication

separately on a continuation sheet or of

indicating the date of publication on

each photograph itself. For example, if

separate photographic prints were

deposited, the date of publication of

each photograph could be written on the

back of the print. However, for other

formats (e.g., CD–ROM, slides

containing up to 36 images, videotapes,

contact sheets), other ways of indicating

the date of publication for each image

will be necessary.

A. Comments are invited on how the

date of publication of each photograph

can be indicated on the deposit itself for

deposits made in such formats, and how

each date can be connected to the

pertinent photograph.

B. Comments are also invited on how

the date of publication of each

photograph can be indicated on a

continuation sheet, and how each date

of publication entry on the continuation

sheet can be related to a particular

photograph or photographs. For

example, if the continuation sheet is

used, should each photograph be

numbered consecutively; and for each

photograph, should that number be

written or otherwise indicated on the

corresponding copy of the photograph

that is deposited?

C. Comments are also invited on

whether the Office’s general

continuation sheet, Form CON, should

be used for this purpose or whether the

Office should provide an optional

specialized continuation sheet, similar

to Form GR/CP (the adjunct application

form for group registration of

contributions to periodicals), which

could provide specific information (e.g.,

title or other description, date of

publication) about each photograph

included in the group.

2. Comments are invited on whether

claimants should be required to number

the photographs in a group

consecutively (e.g., from 1 to 500), and

to indicate the number of each

photograph on or affixed to the

individual image of the photograph that

is deposited. Would such a numbering

requirement assist in identifying dates

of publication of each photograph when

a continuation sheet is used, as

26166 Federal Register / Vol. 65, No. 88 / Friday, May 5, 2000 / Proposed Rules

suggested in question 1.B. above?

Would such a requirement assist in

creating a clearer public record? How

burdensome would such a requirement

be?

3. Should the Office accept deposits

in formats other than those mentioned

in item 1? If so, what other formats

should be accepted? Each format must

be capable of providing a complete

image of each photograph in the group.

4. For photographs submitted on CD–

ROMs or in other electronic formats,

what file formats (e.g., JPEG, GIF, etc.)

should be accepted, and why?

5. As an alternative to requiring a

claimant to provide the date of

publication of each photograph in the

group, should the Office consider

offering the alternative of providing a

range of dates over a three-month period

(e.g., January 1–March 31, 2001)? What

would be the advantages and

disadvantages—to claimants and to the

public record -of such an approach?

List of Subjects in 37 CFR Part 202

Claims, Copyright.

Proposed Rule

In consideration of the foregoing, the

Copyright Office proposes to amend 37

CFR part 202 in the manner set forth

below:

PART 202—REGISTRATION OF

CLAIMS TO COPYRIGHT

1. The authority citation for part 202

is revised to read as follows:

Authority: 17 U.S.C. 408, 702.

2. In section 202.3, paragraph (b)(9) is

redesignated as paragraph (b)(10), and a

new paragraph (b)(9) is added to read as

follows:

§ 202.3 Registration of copyright.

* * * * *

(b) * * *

(9) Group registration of published

photographs. Pursuant to the authority

granted by 17 U.S.C. 408(c)(1), the

Register of Copyrights will accept a

single application (on Form VA),

deposit and filing fee for registration of

a group of at least two and no more than

500 photographic works if the following

conditions are met:

(i) The author of all the photographic

works submitted for registration as part

of the group must be the same person.

(ii) The copyright claimant in all of

the photographic works must be the

same.

(iii) The photographs in the group

must have been published within the

same calendar year.

(iv) The date of publication of each

work within the group must be

identified either on the deposited image,

on the application form, or on a

continuation sheet, in such a manner

that one may specifically identify the

date of publication of any photograph in

the group. If the photographs in a group

were not all published on the same date,

the range of dates of publication (e.g.,

January 1–March 31, 2001) should be

provided in space 3b of the application.

(v) The deposit(s) and application

must be accompanied by the fee set

forth in § 201.3(c) of this chapter for a

basic registration using Form VA.

(vi) The applicant must note on the

application Form VA the approximate

number of photographs included in the

group.

(vii) As an alternative to the best

edition of the work, one copy of each

photographic work shall be submitted in

one of the formats set forth in

§ 202.20(c)(2)(xx).

* * * * *

3. Section 202.20 is amended by

adding a new paragraph (c)(2)(xx) to

read as follows:

§ 202.20 Deposit of copies and

phonorecords for copyright registration.

* * * * *

(c) * * *

(2) * * *

(xx) Photographs: group registration.

For groups of photographs registered

with one application under § 202.3(b)(3)

or § 202.3(b)(9), photographs must be

deposited in one of the following

formats (listed in the Library’s order of

preference):

(A) Digital form on one or more CD–

ROMs (including C–RW’s) or DVD–

ROMs;

(B) Unmounted prints measuring at

least 3 inches by 3 inches (not to exceed

20 inches by 24 inches) submitted on

fiber-based paper;

(B) Contact sheets on fiber-based

paper;

(C) Slides, each with a single image;

(E) The form in which each

photograph was originally published

(e.g., clippings from newspapers or

magazines);

(F) Slides, each containing up to 36

images; or

(G) A videotape clearly depicting each

photograph.

* * * * *

Dated: April 25, 2000.

Marybeth Peters,

Register of Copyrights

Approved By:

James H. Billington,

The Librarian of Congress.

[FR Doc. 00–10986 Filed 5–4–00; 8:45 am]

BILLING CODE 1410–30–P

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety

Administration

49 CFR Parts 350, 390, 394, 395, and

398

[Docket No. FMCSA–97–2350]

RIN 2126–AA23

Public Hearing on Hours of Service of

Drivers; Driver Rest and Sleep for Safe

Operations

AGENCY: Federal Motor Carrier Safety

Administration (FMCSA), DOT.

ACTION: Notice of hearings.

SUMMARY: The FMCSA is announcing

the first of seven public hearings for

interested persons to present comments

and views on the FMCSA’s proposed

revisions to its hours-of-service

regulations (65 FR 25540, May 2, 2000).

This action is necessary to inform the

public about the date, time, and

structure of the first hearing. The

FMCSA hopes to hear from the public

about how the proposed hours-ofservice regulations would improve

highway safety, affect the personal,

professional, and family life of

commercial vehicle drivers, and the

impact on the various segments of the

motor carrier industry. All oral

comments will be transcribed and

placed in the rulemaking docket for the

FMCSA’s consideration.

DATES: The first of seven sessions will

be held on Wednesday May 31 and

Thursday June 1, 2000, beginning at

8:30 a.m. and ending at 5 p.m. The dates

and times for sessions 2 through 7 will

be announced in the near future.

ADDRESSES: The first session will be

held at the DOT Headquarters building,

Room 2230, 400 Seventh Street, SW.,

Washington, DC 20590–0001. The

locations for sessions 2 through 7 will

be held at sites convenient for truck and

motor coach parking in Atlanta, GA;

Denver, CO; Los Angeles, CA;

Indianapolis, IN; Kansas City, MO; and

the Springfield, MA/Hartford, CT area.

FOR FURTHER INFORMATION CONTACT:

General Information. To request time to

be heard at the Washington, D.C.

hearing and for other general

information about all the sessions

contact Mr. Stanley Hamilton, Office of

Regulatory Development, (202) 366–

0665. Specific Information. For

information concerning the rulemaking

contact Mr. David Miller, Office of

Driver and Carrier Operations, (202)

366–1790, or Mr. Charles Medalen,

Office of the Chief Counsel, (202) 366–

1354.