[Federal Register Volume 63, Number 102 (Thursday, May 28, 1998)]
[Rules and Regulations]
[Pages 29137-29139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14086]


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LIBRARY OF CONGRESS

Copyright Office

37 CFR Parts 201, 202, 203, 204 and 211

[Docket No. 98-2A]


Fees

AGENCY: Copyright Office, Library of Congress.

ACTION: Final regulations.

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SUMMARY: The Copyright Office is issuing final regulations for fees it 
charges for special services. The Office is initiating new fees and 
amending other existing fees based on the actual costs to the Office of 
providing such services. The Office is establishing these fees so it 
can more nearly recover the costs of providing these services to the 
public.

EFFECTIVE DATE: July 1, 1998.

FOR FURTHER INFORMATION CONTACT: Marilyn J. Kretsinger, Assistant 
General Counsel, or Patricia L. Sinn, Senior Attorney, Copyright GC/
I&R, P.O. Box 70400, Southwest Station, Washington, D.C. 20024. 
Telephone: (202)707-8380. Fax: (202) 707-8366.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 708 of title 17, United States Code, authorizes the 
Register of Copyrights to charge fees for services the Copyright Office 
provides as described in section 708(a)(1)-(9), such as registration, 
recordation, and certification. Nonspecified fees, called ``special,'' 
or ``discretionary'' fees, are addressed in section 708(a)(10). This 
section authorizes an assessment for ``any other special services 
requiring a substantial amount of time or expense, such fees as the 
Register of Copyrights may fix on the basis of the cost of providing 
the service.'' Id.
    Examples of such services include special handling, full term 
storage of deposits, and provision of services on an expedited basis. 
The Office last increased fees in 1994 to reflect costs of performing 
certain services. See 58 FR 38369 (July 28, 1994).
    On April 1, 1998, the Office published a Notice of Proposed 
Rulemaking (NOPR) seeking public comments on amendments to existing 
fees and establishing new fees for certain services. See 63 FR 15802 
(April 1, 1998). As described in the NOPR the Office completed a 
comprehensive economic analysis of the operating costs involved in 
providing special services to users to determine whether or not these 
fees should be adjusted. Using its own

[[Page 29138]]

analysis, reflection on analysis done by the Government Accounting 
Office, and the results of studies conducted by private sector 
consultants, the Office determined that it must adjust fees for special 
services in order to more nearly recapture the actual costs for 
providing them. It also determined that it must charge fees for other 
services such as appeals and servicing underfunded deposit accounts.
    In addition to publishing the proposed new fee schedule in the 
Federal Register, the Office made it available online and mailed an 
announcement about the proposed fee increase to deposit account 
holders.

II. Comments

    The Motion Picture Information Service (MPIS) submitted the only 
comment the Copyright Office received in response to the NOPR. The 
commenter asserts that the deposit account system is inconvenient and 
should be abolished and ``replaced with a simple cash, check, debit 
card, or credit card system.'' The commenter states that this would 
bring the Office into line with current business practices, and would 
eliminate inconvenience and administrative burdens for both the public 
and the Office. MPIS comment at 1.

III. Final Regulations

    The Copyright Office realizes that there are benefits for both 
claimants and the Office by accepting credit cards for payment of 
copyright fees. It has just completed a two-year pilot program in which 
credit cards were accepted for the filing of claims and recording of 
documents under the provisions of the Uruguay Round Agreements Act 
(URRA). Public Law 103-465; 108 Stat. 4809 (1994). It is now in the 
process of evaluating the resources needed in order to plan for 
implementation of a credit card system.
    The Office also believes some customers prefer the convenience of 
deposit accounts and will continue to use them even if credit cards are 
accepted. The fees on deposit accounts will only be assessed when there 
are insufficient funds in the account to cover current requests for 
services. The Office mails monthly statements to deposit account 
holders notifying them of the status of their accounts.
    The Office received no comments on any of the other proposed fees. 
It is adopting the proposed fee schedule in its entirety, effective 
July 1, 1998, other than the short fee charge which will not take 
effect until a date which will be announced later.

List of Subjects

37 CFR Part 201

    Copyright, General Provisions.

37 CFR Part 202

    Copyright, Registration.

37 CFR Part 203

    Freedom of Information Act.

37 CFR Part 204

    Privacy.

37 CFR part 211

    Mask work protection, Fees.
    In consideration of the foregoing, parts 201, 202, 203, 204, and 
211 of 37 CFR chapter II are 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.

    2. Section 201.32 is amended by revising the special services fee 
chart to read as follows:


Sec. 201.32  Fees for Copyright Office special services.

* * * * *

------------------------------------------------------------------------
                       Special services                           Fees  
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1. Service charge for deposit account overdraft..............        $70
2. Service charge for dishonored deposit account                        
 replenishment check.........................................         35
3. Service charge for short fee payment......................         20
4. Appeals                                                              
    a. First appeal..........................................        200
        Additional claim in related group....................         20
    b. Second appeal.........................................        500
        Additional claim in related group....................         20
5. Secure test processing charge, per hour...................         60
6. Copying charge, first 15 pages, per page..................          1
    Each additional page.....................................        .50
7. Inspection charge.........................................         65
8. Special handling fee for a claim..........................        500
Each additional claim using the same deposit.................         50
9. Special handling for recordations of a document...........        330
10. Full-term storage of deposits............................        365
11. Surcharge for expedited Certifications and Documents                
 Section services                                                       
    a. Additional certificates, per hour.....................         75
    b. In-process searches, per hour.........................         75
    c. Copy of assignment, per hour..........................         75
    d. Certification, per hour...............................         75
    e. Copy of registered deposit                                       
        First hour...........................................         95
        Each additional hour.................................         75
    f. Copy of correspondence file                                      
        First hour...........................................         95
        Each additional hour.................................         75
12. Surcharge for expedited Reference & Bibliography searches           
        First hour...........................................        125
        Each additional hour.................................         95
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[[Page 29139]]

PART 202--REGISTRATION OF CLAIMS TO COPYRIGHT

    3. The authority citation for part 202 continues to read as 
follows:

    Authority: 17 U.S.C. 702.


Sec. 202.23  [Amended]

    4. Section 202.23(e)(1) and (2) are amended by removing ``$270.00'' 
each place it appears and adding in its place ``$365.00.''

PART 203--FREEDOM OF INFORMATION ACT: POLICIES AND PROCEDURES

    5. The authority citation for part 203 continues to read as 
follows:

    Authority: 17 U.S.C. 702; and 5 U.S.C. 552(a)(1).


Sec. 203.6  [Amended]

    6. Section 203.6(b)(2) is amended by removing ``$7 for up to 15 
pages and $.45 per page over 15.'' and adding in its place ``$15.00 for 
up to 15 pages and $.50 per page over 15.''.

PART 204--PRIVACY ACT: POLICIES AND PROCEDURES

    7. The authority citation for part 204 continues to read as 
follows:

    Authority: 17 U.S.C. 702; and 5 U.S.C. 552(a).


Sec. 204.6  [Amended]

    8. Section 204.6(a) is amended by removing ``$7 for up to 15 pages 
and $.45 per page over 15.'' and adding in its place ``$15.00 for up to 
15 pages and $.50 per page over 15.''

PART 211--MASK WORK PROTECTION

    9. The authority citation for part 211 continues to read as 
follows:

    Authority: 17 U.S.C. 702 and 908.


Sec. 211.3  [Amended]

    10. In Sec. 211.3(a)(1) and (2) remove ``$20.00'' each place it 
appears and add in is place ``$75.00.''
    11. In Sec. 211.3(a)(7), remove ``$330'' and add in its place 
``$500.00.''

    Dated: May 20, 1998.
Marybeth Peters,
Register of Copyright.
    Approved by:
James H. Billington,
The Librarian of Congress.
[FR Doc. 98-14086 Filed 5-27-98; 8:45 am]
BILLING CODE 1410-30-P