Federal Register / Vol. 83, No. 11 / Wednesday, January 17, 2018 / Rules and Regulations 2371 

1 82 FR 38859 (Aug. 16, 2017). 

Dated: December 8, 2017. 

Brent J. Fields, 

Secretary. 

[FR Doc. 2018–00625 Filed 1–16–18; 8:45 am] 

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LIBRARY OF CONGRESS 

Copyright Office 

37 CFR Part 202 

[Docket No. 2017–9] 

Simplifying Deposit Requirements for 

Certain Literary Works and Musical 

Compositions 

AGENCY: U.S. Copyright Office, Library 

of Congress. 

ACTION: Final rule. 

SUMMARY: The United States Copyright 

Office is issuing a final rule, amending 

regulations that govern the deposit 

requirements for certain types of literary 

works and musical compositions. The 

final rule is adopted as proposed in the 

notice of proposed rulemaking, though 

the Office provides some clarification 

regarding the rule’s application. 

DATES: Effective February 16, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Sarang V. Damle, General Counsel and 

Associate Register of Copyrights, by 

email at sdam@loc.gov; Robert J. 

Kasunic, Associate Register of 

Copyrights and Director of Registration 

Policy and Practice, by email at rkas@

loc.gov; Erik Bertin, Deputy Director of 

Registration Policy and Practice, by 

email at ebertin@loc.gov; or Cindy 

Abramson, Assistant General Counsel, 

by email at ciab@loc.gov. All can be 

reached by telephone by calling 202– 

707–8040. 

SUPPLEMENTARY INFORMATION: On August 

16, 2017, the Copyright Office published 

a notice of proposed rulemaking 

(‘‘NPRM’’) to amend the regulations 

governing the deposit requirements for 

certain types of literary works 

(specifically, literary monographs) and 

musical compositions that are published 

in print formats. 

Under the previous regulations, two 

copies of the best edition were generally 

needed to register these types of works 

and to comply with the mandatory 

deposit requirement. Under the new 

rule, copyright owners will be able to 

satisfy both registration deposit and 

mandatory deposit requirements by 

submitting one copy of the best edition 

of the work. In the case of literary 

monographs, the Office will retain the 

right to demand a second copy under 

the mandatory deposit provision should 

the Library need it. 

As part of these changes, the rule also 

clarifies the deposit requirements for 

musical compositions published both in 

print and phonorecord formats, 

requiring the submission of the print 

version for purposes of copyright 

registration. If, however, the musical 

composition is published only as a 

phonorecord, the applicant should 

submit a copy of the phonorecord. 

All of these changes will improve the 

efficiency of registration and mandatory 

deposit for both the Office and 

copyright owners alike, ensuring that 

the Office has an adequate registration 

record and continuing to make these 

works available to the Library of 

Congress when needed for use in its 

collections or other disposition. 

The NPRM explained in detail the 

rationale for the rule changes.1 The 

Office solicited and received five 

comments, only two of which were 

substantive. Having reviewed and 

carefully considered the comments, the 

Copyright Office now issues a final rule 

identical to the proposed rule. While the 

Office does not believe the comments 

require any alteration to the rule itself, 

it does believe that some clarification 

would be helpful to both the 

commenters and copyright owners, and 

is provided here. 

The Association of American 

Publishers (‘‘AAP’’) filed a comment 

regarding the proposed rule as it relates 

to the deposit of literary monographs. 

While the comment appreciates that the 

rule ‘‘could reduce the financial 

burdens of publishers with respect to 

deposit regulations,’’ it nevertheless 

does not support the rule because it 

takes issue with the Library’s 

disposition of surplus works. AAP 

Comments at 2. 

AAP appears to believe that there is 

no authority in the Copyright Act for the 

Library’s disposition of surplus works 

and that the only authority comes from 

the Library’s own regulations. AAP 

Comments at 6–7. But as discussed in 

the NPRM, section 704 of the Copyright 

Act explicitly states that ‘‘[i]n the case 

of published works, all copies, 

phonorecords, and identifying material 

deposited are available to the Library of 

Congress for its collections, or for 

exchange or transfer to any other 

library.’’ 17 U.S.C. 704(b) (emphasis 

added). Furthermore, AAP’s concern 

about the Library’s disposition of 

surplus books would be diminished by 

adoption of the rule, which limits the 

volume of works (and thereby any 

surplus) coming in to the Library in the 

first place. AAP concedes that the rule 

should have that result. AAP Comments 

at 2. In part, a primary goal of the rule 

is to lessen the burden for publishers. 

Accordingly, the Office chooses to move 

forward with the rule as is and 

anticipates that AAP’s members will 

benefit significantly from the rule. 

The National Music Publishers’ 

Association (‘‘NMPA’’) filed a comment 

in support of the rule, subject to certain 

clarifications pertaining to the deposit 

of musical compositions. Specifically, 

NMPA wanted to clarify that ‘‘where 

musical works are originally published 

solely as phonorecords, and such 

musical works are properly deposited 

and registered in accordance with the 

statutory and regulatory directives . . . 

that the later publication of the same 

musical work in the form of a ‘copy’ 

does not create an additional burden to 

subsequently deposit and register the 

work in ‘copy’ form.’’ NMPA Comments 

at 2. The Office confirms that a later 

publication in the form of a ‘‘copy’’ does 

not create an additional deposit 

requirement. 

As NMPA correctly points out, the 

Copyright Act defines ‘‘best edition’’ as 

‘‘the edition, published in the United 

States at any time before the date of 

deposit, that the Library of Congress 

determines to be most suitable for its 

purposes.’’ 17 U.S.C. 101 (emphasis 

added); NMPA Comments at 4. NMPA 

believes, and the Office agrees, that this 

definition limits a ‘‘best edition’’ to 

published works at the time of deposit— 

that is, at the time the deposit for 

copyright registration or mandatory 

deposit is made. NMPA Comments at 4– 

5. Therefore, if only a phonorecord is 

published at the time of deposit, a 

subsequently published ‘‘copy’’ would 

not be a ‘‘best edition’’ and not be 

required for deposit. 

NMPA proposes language to the rule 

to clarify any confusion regarding 

subsequent publication of ‘‘copies.’’ The 

Office believes that the rule in its 

current form along with the current 

definition of ‘‘best edition’’ is sufficient 

and no changes need to be made to the 

rule. 

List of Subjects in 37 CFR Part 202 

Copyright, Preregistration and 

registration of claims to copyright. 

Final Regulations 

For the reasons set forth in the 

preamble, the Copyright Office amends 

37 CFR part 202 as follows: 

PART 202—GENERAL PROVISIONS 

■ 1. The authority citation for part 202 

continues to read as follows: 


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2372 Federal Register / Vol. 83, No. 11 / Wednesday, January 17, 2018 / Rules and Regulations 

Authority: 17 U.S.C. 408(f), 702. 

■ 2. Amend § 202.19 as follows: 

■ a. Add paragraph (b)(5). 

■ b. In paragraph (d)(2)(v), remove the 

words ‘‘in copies only,’’ and add in their 

place ‘‘solely in copies,’’ and remove the 

words ‘‘if the only publication of copies 

in the United States took place by 

rental, lease, or lending,’’. 

■ c. Add paragraph (d)(2)(ix). 

The additions read as follows: 

§ 202.19 Deposit of published copies or 

phonorecords for the Library of Congress. 

* * * * * 

(b) * * * 

(5) The term literary monograph 

means a literary work published in one 

volume or a finite number of volumes. 

This category does not include serials, 

nor does it include legal publications 

that are published in one volume or a 

finite number of volumes that contain 

legislative enactments, judicial 

decisions, or other edicts of government. 

* * * * * 

(d) * * * 

(2) * * * 

(ix) In the case of published literary 

monographs, the deposit of one 

complete copy of the best edition of the 

work will suffice in lieu of the two 

copies required by paragraph (d)(1) of 

this section, unless the Copyright Office 

issues a demand for a second copy 

pursuant to 17 U.S.C. 407(d). 

* * * * * 

■ 3. Amend § 202.20 as follows: 

■ a. Revise paragraph (b)(3). 

■ b. Remove paragraph (b)(4). 

■ c. Redesignate paragraph (b)(5) as 

paragraph (b)(4). 

■ d. In paragraphs (c)(2)(i)(A) through 

(D), remove the semicolon and add a 

period in its place at the end of each 

sentence. 

■ e. Revise paragraph (c)(2)(i)(E). 

■ f. In paragraphs (c)(2)(i)(F) through (I), 

remove the semicolon and add a period 

in its place at the end of the sentence. 

■ g. In paragraph (c)(2)(i)(J), remove ‘‘; 

and’’ and add a period in its place at the 

end of the sentence. 

■ h. Add paragraph (c)(2)(i)(L). 

■ i. In paragraphs (c)(2)(viii)(A) through 

(D), remove the semicolon and add a 

period in its place at the end of the 

sentence. 

■ j. In paragraphs (c)(2)(viii)(C) and (D), 

remove ‘‘an audiocassette or other’’ and 

add in its place ‘‘a’’. 

The revisions and additions read as 

follows: 

§ 202.20 Deposit of copies and 

phonorecords for copyright registration. 

* * * * * 

(b) * * * 

(3) The terms secure test and literary 

monograph have the meanings set forth 

in §§ 202.13(b) and 202.19(b)(5). 

* * * * * 

(c) * * * 

(2) * * * 

(i) * * * 

(E) Musical compositions published 

solely in copies or in both copies and 

phonorecords, provided that one 

complete copy (rather than a 

phonorecord) is deposited. 

* * * * * 

(L) Published literary monographs. 

* * * * * 

Dated: December 14, 2017. 

Karyn Temple Claggett, 

Acting Register of Copyrights and Director 

of the U.S. Copyright Office. 

Carla D. Hayden, 

Librarian of Congress. 

[FR Doc. 2018–00701 Filed 1–16–18; 8:45 am] 

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