Federal Register / Vol. 74, No. 130 / Thursday, July 9, 2009 / Rules and Regulations 32805 

the operation of the Washington Street 

S136 Bridge across the Norwalk River, 

mile 0.0, at Norwalk, Connecticut. This 

deviation allows the bridge to remain in 

the closed position for five weekends in 

July and August to facilitate scheduled 

bridge maintenance. 

DATES: This deviation is effective from 

2 a.m. on July 11, 2009 through 6 a.m. 

on August 24, 2009. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2009– 

0494 and are available online at 

www.regulations.gov, selecting the 

Advanced Docket Search option on the 

right side of the screen, inserting USCG– 

2009–0494 in the docket ID box, 

pressing enter, and then clicking on the 

item in the Docket ID column. This 

material is also available for inspection 

or copying at the Docket Management 

Facility (M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

e-mail Ms. Judy Leung-Yee, Project 

Officer, First Coast Guard District, 

telephone (212) 668–7165, judy.k.leungyee@uscg.mil. If you have questions on 

viewing the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: The owner 

of the bridge, Connecticut Department 

of Transportation, requested this 

temporary deviation. The Washington 

Street S136 Bridge, across the Norwalk 

River, mile 0.0, at Norwalk, 

Connecticut, has a vertical clearance in 

the closed position of 9 feet at mean 

high water and 16 feet at mean low 

water. The Drawbridge Operation 

Regulations are listed at 33 CFR 

117.217(a). 

The Norwalk River supports 

commercial and recreational vessel 

traffic. The commercial operators were 

contacted and no objections were raised. 

This deviation allows the bridge to 

remain in the closed position from 2 

a.m. on Saturday through 6 a.m. on 

Monday, for five weekends: July 11 

through July 13; July 25 through July 27; 

August 8 through August 10; August 15 

through August 17, and August 22 

through August 24, 2009. 

Vessels able to pass under the closed 

draw may do so at any time. 

In accordance with 33 CFR 117.35(e), 

the bridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: June 23, 2009. 

Gary Kassof, 

Bridge Program Manager, First Coast Guard 

District. 

[FR Doc. E9–16306 Filed 7–8–09; 8:45 am] 

BILLING CODE 4910–15–P 

LIBRARY OF CONGRESS 

Copyright Office 

37 CFR Part 201 

[Docket No. RM 2008–9] 

Fees 

AGENCY: Copyright Office, Library of 

Congress. 

ACTION: Final rule. 

SUMMARY: The Copyright Office of the 

Library of Congress is publishing a final 

rule establishing adjusted fees for its 

services. The adjusted fees will recover 

a significant part of the costs to the 

Office of registering claims and provide 

full cost recovery for many other 

services provided by the Office which 

benefit only or primarily the user of that 

service. The new fees are based on 

reliable information regarding the costs 

of providing services, and reflect cost 

savings associated with the 

implementation of electronic processing 

in the Copyright Office in 2007. Under 

the new fee structure, the fee for online 

registration of a basic claim will remain 

$35. The registration fee for Form CO 

will be raised from $45 to $50 and the 

registration fee for paper filings of 

Forms PA, SR, TX, VA, SE and faulty 

CO will be raised from $45 to $65. In a 

few instances, fees have been adjusted 

downward from the fees published in 

the notice of proposed rulemaking in 

light of comments received from the 

public. 

EFFECTIVE DATE: August 1, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Tanya Sandros, Deputy General 

Counsel, or Kent Dunlap, Principal 

Legal Advisor for the General Counsel. 

P.O. Box 70400, Washington, DC 20024– 

0400, Telephone (202) 707–8380. 

Telefax: (202) 707–8366. 

SUPPLEMENTARY INFORMATION: 

Background 

This final rule adjusts Copyright 

Office fees in accordance with the 

applicable provisions of title 17, United 

States Code, and the Technical 

Amendments Act, Pub. L. No. 105–80, 

111 Stat. 1529 (1997), codified as 17 

U.S.C. 708(b). The expenses of the 

Copyright Office have always been 

substantially funded through the 

charging of fees for the services 

provided. Nevertheless, fees have never 

provided full cost recovery for all 

expenditures of the Copyright Office. 

For the last fifty years, cost recovery 

through the charging of fees has ranged 

between 50% to 80% of the expenses of 

the Copyright Office. The current fee 

adjustment is forecasted to cover 

approximately 60% of the Copyright 

Office’s expenses. 

In 1997, Congress amended section 

708 of the Copyright Act, delegating to 

the Register of Copyrights authority to 

adjust fees by regulation in accordance 

with a new procedure. Fees for services 

specifically enumerated in sections 

708(a)(1)–(9), referred to as ‘‘statutory 

fees,’’ are adjusted according to the 

procedures set forth in section 708(b). 

This procedure requires the Register of 

Copyrights to complete a cost study, and 

forward an economic report and 

proposed fee schedule to Congress. The 

Register may implement the new rules 

after 120 days unless Congress enacts a 

law within that period disapproving the 

new fees. 

The Register also has authority under 

the law to adopt new fees for other 

services based on ‘‘the cost of providing 

the service.’’ 17 U.S.C. 708(a). These 

fees are for services not specifically 

enumerated in sections 708(a)(1)–(9), 

and for the purpose of this rulemaking, 

these fees are termed ‘‘discretionary 

fees.’’ As with the statutory fees, the 

Copyright Office adjusts the 

discretionary fees after conducting a 

cost study to determine the cost of 

providing the service and providing the 

public an opportunity to comment on 

the proposed fee changes. 

The Copyright Office has instituted 

fee adjustments under the Technical 

Amendments Act on four separate 

occasions. The first schedule was 

adopted in 1999. See 63 FR 43426 

(August 13, 1998) and 64 FR 29518 

(June 1, 1999). Three years later a 

second adjustment was made raising 

many copyright fees, but leaving the 

basic registration fee at $30. 67 FR 

38003 (May 31, 2002). The third fee 

adjustment was adopted in 2006, in 

which most statutory fees were again 

raised in response to an increase in 

costs. At that time, the basic registration 

fee was increased from $30 to $45. 71 

FR 15368 (March 28, 2006) and 71 FR 

31089 (June 1, 2006). The registration 

fee was again adjusted in 2007, at which 

time the Office established a lower basic 

registration fee of $35 for copyright 

claims submitted electronically, while 

retaining the $45 fee for filing a paper 


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32806 Federal Register / Vol. 74, No. 130 / Thursday, July 9, 2009 / Rules and Regulations 

application. 72 FR 33690 (June 19, 

2007). The introduction of the dual fee 

structure reflected the reduced cost of 

processing electronic claims and served 

as an incentive to the public to file 

claims through the then–new online 

registration system. 

In the 2007 adjustment proceeding 

lowering the fee for electronic 

submission of basic copyright 

registration, the Office also stated that it 

would likely review the registration and 

service fees once electronic claim 

processing was operational for a 

sufficient period of time so as to yield 

reliable information on the actual costs 

involved in providing the service. The 

beta test of the electronic, online 

registration system began in August 

2007 and, in July 2008, the system for 

the electronic submission of copyright 

claims was made available to the 

general public. Also in July 2008, a new 

procedure was introduced using the 

new Form CO – a form which must be 

completed on the Office website and 

which, when printed out, contains 2–D 

barcodes that carry the information 

entered on the application in digital 

form. In light of the experience and 

lessons learned over the last 21 months, 

the Office has reviewed its current 

practices, assessed the costs, and 

determined that fee adjustments are 

now in order. 

Proposed fee adjustment and cost study 

On October 14, 2008, the Copyright 

Office published a notice of proposed 

rulemaking setting out the proposed 

adjustments for both statutory fees and 

discretionary fees. 73 FR 60658 (October 

14, 2008). Shortly thereafter the cost 

study upon which the proposed 

adjustments were based was made 

available to the public on the Copyright 

Office web site. 

Among the statutory fees, the most 

important are those for basic 

registration. In keeping with the Office’s 

goal of encouraging online, electronic 

registration, the proposed schedule of 

fees maintained the $35 fee for 

electronic copyright registration. 

However, the Office proposed a rate 

increase for submissions on existing 

paper forms, i.e., Forms PA, VA, SR, TX, 

or SE, from $45 to $65, to reflect the 

added cost associated with processing 

the information on these forms into the 

electronic system, and a slight increase 

to $50 from $45 for Form CO. Group 

registration claims for database updates, 

published photographs, and 

contributions to periodicals currently 

can only be submitted on a paper 

application at this time. Hence, the fees 

for a group registration were adjusted 

upward to the same $65 fee proposed 

for filing a paper application for a single 

claim. When online group registration of 

these classes of works becomes 

available, the notice of proposed 

rulemaking stated that a lower fee 

would apply and, therefore, the notice 

included all fees that would be 

applicable to claims in a group 

registration. 

In addition to the registration fees, the 

notice proposed changes to other 

statutory fees. Specifically, the Office 

proposed a minimum two hour charge 

for searches performed by the Records 

Research & Certification Division, in 

addition to a further adjustment for the 

rate of inflation since the last fee 

adjustment. It also proposed an 

adjustment to the fee for the recordation 

of a notice of intention to obtain a 

compulsory license under section 

115(b). The notice proposed increasing 

that fee from $12 to $105, plus an 

additional $20 fee for each additional 

group of ten titles. And finally, the 

Office suggested a reduction in the fee 

for supplementary registration from 

$115 to $100, and in the fee for an 

additional certificate of registration from 

$40 to $35. 

For the discretionary fees, 

adjustments were proposed either to 

recover the cost of the service or to 

account for inflation. For example, 

Licensing Division fees were adjusted 

based on the cost of providing the 

service. These services include the filing 

of an Amended Statement of Account in 

accordance with sections 111, 112, 119, 

& 1003; recordation of licensing 

agreements under section 118; and 

search, certification, and copying fees. 

The Office also proposed an additional 

charge of $30 for each group of ten 

domain names in addition to the basic 

fee for the recordation of an interim 

designation of agent to receive 

notification of claimed infringement 

under section 512(c)(2) in order to cover 

the costs associated with processing a 

large number of domain names. 

The notice additionally stated the 

intention of the Copyright Office to 

harmonize its refund policy. Currently, 

the Copyright Office retains the filing 

fee for original, basic, supplementary, or 

renewal registration even if the claim is 

rejected because the material deposited 

was not copyrightable or because the 

claim was invalid for any other reason, 

in order to cover administrative costs for 

handling the claim. The Copyright 

Office also incurs administrative costs 

for other services, e.g., processing 

requests for recordation services or 

Licensing Division non–royalty fees, 

where either the request is withdrawn, 

or cannot be fulfilled due to no fault of 

the Copyright Office, but the Office 

retains no fees to cover processing costs. 

However, in the notice of proposed 

rulemaking, the Office stated its 

intention to modify the regulations to 

authorize the charging of an 

administrative fee equivalent to the 

minimum fee for all services. Such 

changes are adopted herein. 

Comments 

The Office received comments from 

Music Reports, Inc. (‘‘MRI’’); Author 

Services, Inc.; Program Suppliers; and 

Professional Photographers of America 

(‘‘PPA’’). Each comment addressed a 

different topic. The issues raised by 

those submitting comments are 

summarized and discussed herein. 

Final Regulation 

a. Adjusted fee reduced for 

recordation of a Notice of Intention to 

Make and Distribute Phonorecords. 

Music Reports, Inc., a provider of music 

licensing and royalty accounting 

services to digital music services in the 

United States, opposed the change in 

the fee for recording the notice of 

intention. It maintained that the 

proposed fee of $105 was excessive and 

burdensome for filers who have a large 

number of titles. The comment 

requested that the Office cap the fee for 

a single filing at $20, no matter how 

many titles were included. 

In considering the MRI comment, the 

Copyright Office reviewed its cost study 

with respect to the recordation of a 

notice of intention to make and 

distribute phonorecords under section 

115 of the copyright law, and 

determined that the cost could be 

reduced in the near term by having the 

work involved performed by lower 

graded staff. With this adjustment, it 

was determined that a fee of $60 per 

filing, plus $20 per group of ten titles 

would achieve full cost recovery. This 

adjustment represents a significant 

reduction over the proposed fee of $105 

per filing. Accordingly, an adjustment 

in the filing fee was made in the cost 

study submitted to Congress on March 

15, 2009. The Office also notes that once 

electronic filing for this service becomes 

available, costs will likely fall, and if 

they do, the fee can be reduced. 

b. Adjusted fees reduced for Renewal 

Addendum. Author Services, Inc., the 

literary agency representing the works 

of L. Ron Hubbard, filed a comment 

opposing the contemplated increases for 

registration of a renewal claim. It argued 

that the proposed fees for renewal 

registration are too high and should be 

reduced. The comment expressed the 

opinion that costs for renewal should 

have gone down because instructions 

with new forms issued in October 2007 


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Federal Register / Vol. 74, No. 130 / Thursday, July 9, 2009 / Rules and Regulations 32807 

are more complete, thereby reducing 

errors in the submissions. They believed 

the effect of that change was not taken 

into account. 

The Copyright Office has reviewed 

the cost study with respect to the fees 

relating to renewal registration, and 

concluded that the cost for processing a 

registration of a renewal had increased 

to the proposed fee of $115. However, 

the Office concluded that the current fee 

of $220 for Renewal Addendum could 

cover the cost of that service. 

Accordingly, the cost study did not 

ultimately recommend an increase in 

the fee for the registration of a renewal 

claim with an addendum. The fee for 

Renewal Addendum will remain at the 

current level of $220. 

c. Fees for registration of groups of 

published photographs. The 

Professional Photographers of America 

objected to raising the $45 fee to $65 

primarily on the ground that the Office 

had not, as of yet, made such 

registration available online. The 

increase, the comment argued, would 

discourage photographers from 

completing the registration process. 

Moreover, PPA objected to the stated 

intention of the Copyright Office to 

charge a per–title processing fee for 

listing titles of individual works in an 

application for a collection. 

The Copyright Office believes the $65 

fee is appropriate for photographers to 

pay in the interim period between the 

fee increase and the offering of group 

registrations in eCO. Photographers can 

submit an application for group 

registration encompassing hundreds of 

photographs and the current $35 fee 

does not cover the cost of processing 

such a claim. When electronic filing 

becomes available, claimants will be 

able to register groups of published 

photographs for the $35 fee because of 

the savings associated with the 

electronic registration process. As 

regarding the proposed per–title fee for 

unpublished collections, before the fee 

is implemented the public will have an 

opportunity to comment on the change. 

d. Fees for special services delivered 

by the Licensing Division. The Motion 

Picture Association of America, Inc. 

filed a comment on behalf of its member 

companies and other program suppliers, 

objecting to the imposition of fees on 

program suppliers relating to the review 

of cable, satellite, and Dart compulsory 

license records. They contended that 

costs for requests from program 

suppliers for searches, copying, and 

other services should be deducted from 

the general royalty fund, rather than 

collected from the program suppliers 

who made the requests because the 

costs of performing such services have 

already been deducted from the royalty 

pools. 

The Copyright Office rejects the 

argument of the MPAA that requests for 

special services by certain program 

suppliers should be deducted from the 

general royalty fund. Program suppliers 

who order special services obviously 

have personal business reasons for 

requesting the service, and such 

suppliers are the only ones who benefit 

from the Copyright Office fulfilling the 

requests. If such requests were deducted 

from the general royalty fund, all 

claimants to the fund would be paying 

for the special requests of a few 

claimants. The Office believes it 

apparent that program suppliers who 

request special services, and are the 

only ones benefitting from the service, 

should pay the costs of those services. 

e. Faulty Form CO submission. Recent 

experience of the Copyright Office in 

processing Form CO submissions with 

2–D barcodes has revealed common 

mistakes made by remitters which make 

it impossible to process the information 

in the barcodes. The option of filing on 

Form CO with 2–D barcodes was 

implemented on July 1, 2008. The 2–D 

barcode captures the data entered into 

Form CO and, when scanned in the 

Office, populates the various fields with 

the digitized data, eliminating the need 

for any transcription. Users who 

complete the Form CO on the Copyright 

Office Web site, print it from the Web 

site, and submit it with the fee and 

deposit copy or copies are charged a fee 

that is higher than the online 

registration fee, but lower than the fee 

for paper filings using the old 

application forms. The slightly higher 

costs associated with processing Form 

CO as compared to the online 

registration claims accounts for the 

price differential. 

Unfortunately, three common 

mistakes are being made by users which 

make the 2–D barcode useless and 

require the Office to process the 

application in a similar fashion as the 

traditional paper forms. The first 

mistake is submitting a CO application 

which lacks all required barcodes. The 

second is submitting a CO application 

which is incomplete; in this instance a 

statement appears on the website that 

the application is incomplete and 

should not be submitted. The third is 

adding information to the form after it 

has been printed. In these three 

instances, the costs of processing the 

form is similar to the costs of processing 

paper applications because the Office 

cannot rely solely on the information in 

the 2–D barcodes, if available. Due to 

the added cost to the Copyright Office, 

these faulty CO applications must be 

handled like a paper claim and, hence, 

the remitter will be charged the same 

$65 fee as traditional paper 

applications. 

f. Refund policy. As indicated in the 

notice of proposed rulemaking, the 

Copyright Office is amending regulation 

§ 201.6(c) to harmonize its refund 

policy. Under the amended regulation, 

fees will be retained for submission of 

a document found unrecordable; for 

requests for preparation of a search 

report or for certification and document 

services which are later withdrawn; or 

for requests for special services of the 

Licensing Division which are later 

withdrawn, and cannot be fulfilled due 

to a mistake in the submission. 

g. Effective date. Congress has 120 

days from March 15, 2009, to review the 

proposed changes to the statutory fees 

submitted to Congress on that date. If no 

legislation is enacted barring adoption 

of these fees during that time period, the 

proposed fee schedule for registration, 

recordation, and other related services 

shall be adopted, effective August 1, 

2009. The remaining fees, which are not 

subject to the Congressional review 

process set forth in 17 U.S.C. 708 (b)(5), 

shall become effective on August 1, 

2009 as well. 

List of Subjects in 37 CFR Parts 201 

Copyright, General provisions. 

Final Rule 

■ In consideration of the foregoing, part 

201 of 37 CFR chapter II is 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 201.3(c), (d) and (e) are 

revised to read as follows: 

§ 201.3 Fees for registration, 

recordation, and related services, 

special services, and services 

performed by the Licensing Division. 

* * * * * 

(c) Registration, recordation and 

related service fees. The Copyright 

Office has established the following fees 

for these services: 


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32808 Federal Register / Vol. 74, No. 130 / Thursday, July 9, 2009 / Rules and Regulations 

Registration, Recordation and Related Services Fees 

(1) Registration of a basic claim in an original work of authorship: 

Electronic Filing ...................................................................................................................................................................................... $35 

Form–D barcode application properly completed online) ...................................................................................................................... 50 

Forms PA, SR, TX, VA, SE; and Form CO without barcodes or incomplete information, or information added after printing (paper 

filing).

65 

(2) Registration of a claim in a group of contributions to periodicals (Form GR/CP), published photographs, or database updates: 

Electronic filing ....................................................................................................................................................................................... 35 

Forms GR/CP, PA, SR, VA and SE (paper filing) ................................................................................................................................. 65 

(3) Registration of a renewal claim (Form RE): 

Claim without Addendum ....................................................................................................................................................................... 115 

Addendum .............................................................................................................................................................................................. 220 

(4) Registration of a claim in a group of serials (Form SE/Group)(per issue, minimum 2 issues) .............................................................. 25 

(5) Registration of a claim in a group of daily newspapers and qualified newsletters (Form G/DN) .......................................................... 80 

(6) Registration of a claim in a restored copyright (Form GATT) ................................................................................................................ 65 

(7) Preregistration of certain unpublished works .......................................................................................................................................... 115 

(8) Registration of a correction or amplification to a claim (Form CA and Form DC) ................................................................................. 100 

(9) Registration of a claim in a mask work (Form MW) ............................................................................................................................... 105 

(10) Registration of a claim in a vessel hull (Form D/VH) ........................................................................................................................... 220 

(11) Providing an additional certificate of registration .................................................................................................................................. 35 

(12) Certification of other Copyright Office records (per hour) ..................................................................................................................... 165 

(13) Search report prepared from official records (per hour) (minimum: 2 hours) ...................................................................................... 165 

Estimate of search fee ....................................................................................................................................................................... 115 

(14) Location and retrieval of Copyright Office materials or records (per hour) .......................................................................................... 165 

Fee for location and retrieval of electronic records (per quarter hour) (minimum: 1⁄2 hour) ............................................................. 41.25 

(15) Recordation of document, including a Notice of Intention to Enforce (NIE) (single title) ..................................................................... 105 

Additional titles (per group of 10 titles) .............................................................................................................................................. 30 

(16) Recordation of an Interim Designation of Agent to Receive Notification of Claimed Infringement under § 512(c)(2) (single name) .. 105 

Additional domain names (per group of 10) ...................................................................................................................................... 30 

(17) Recordation of a Notice of Intention to Make and Distribute Phonorecords (17 U.S.C. 115) (single title) .......................................... 60 

Additional titles (per group of 10) ....................................................................................................................................................... 20 

(18) Issuance of a receipt for § 407 deposit ................................................................................................................................................. 30 

(d) Special Service Fees. The 

Copyright Office has established the 

following fees for special services: 

Special Services Fees 

(1) Service charge for deposit account overdraft ....................................................................................................................................... $165 

(2) Service charge for dishonored deposit account replenishment check ................................................................................................. 85 

(3) Service charge for an uncollectible or non–negotiable check .............................................................................................................. 25 

(4) Appeals: 

(i) First appeal ...................................................................................................................................................................................... 250 

Additional claim in related group ...................................................................................................................................................... 25 

(ii) Second appeal ................................................................................................................................................................................ 500 

Additional claim in related group ...................................................................................................................................................... 25 

(5) Secure test processing charge (per hour) ............................................................................................................................................. 165 

(6) Copying of Copyright Office records by staff: 

Photocopy (b&w, 81⁄2 x 11) (per page, minimum $12) ........................................................................................................................ 0.50 

Photocopy (b&w, 11 x 17) (per page, minimum $12) ......................................................................................................................... 1 

Photocopy (color, 81⁄2 x 11) (per page, minimum $12) ....................................................................................................................... 2 

Photocopy (color, 11 x 17) (per page, minimum $12) ......................................................................................................................... 4 

Photograph (Polaroid) .......................................................................................................................................................................... 15 

Photograph (digital) .............................................................................................................................................................................. 45 

Slide ..................................................................................................................................................................................................... 3 

Audiocassette (first 30 minutes) .......................................................................................................................................................... 75 

Additional 15 minute increments ....................................................................................................................................................... 20 

Videocassette (first 30 minutes) .......................................................................................................................................................... 75 

Additional 15 minute increments ....................................................................................................................................................... 25 

CD or DVD ........................................................................................................................................................................................... 100 

Zip or floppy disk ................................................................................................................................................................................. 100 

(7) Special handling fee for a claim ............................................................................................................................................................ 760 

Additional fee for each claim using the same deposit ......................................................................................................................... 50 

(8) Special handling fee for recordation of a document ............................................................................................................................. 480 

(9) Handling fee of extra deposit copy for certification ............................................................................................................................... 45 

(10) Full–term retention of a published deposit .......................................................................................................................................... 470 

(11) Expedited search report service (per hour) (minimum 2 hours) ......................................................................................................... 445 

(12) Expedited location and retrieval, certification, and copying services (surcharge, per hour) .............................................................. 265 

(13) Notice to Libraries and Archives ......................................................................................................................................................... 50 

Each additional title ............................................................................................................................................................................ 20 

(14) Service charge for Federal Express mailing ....................................................................................................................................... 40 


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Federal Register / Vol. 74, No. 130 / Thursday, July 9, 2009 / Rules and Regulations 32809 

Special Services Fees 

(15) Service charge for delivery of documents via facsimile (per page, 7 page maximum) ...................................................................... 1 

(e) Licensing Division service fees. 

The Copyright Office has established the 

following fees for certain services 

performed by the Licensing Division: 

Licensing Division Services Fees 

(1) Recordation of a Notice of Intention to Make and Distribute Phonorecords (17 U.S.C. 115) (single title) ......................................... $60 

Additional titles (per group of 10) ........................................................................................................................................................ 20 

(2) Recordation of a licensing agreement for use of certain works in connection with noncommercial broadcasting (17 U.S.C. 118) ... 140 

(3) Recordation of certain contracts by cable TV systems located outside the 48 contiguous states ...................................................... 50 

(4) Amendment to Statement of Account filed pursuant to 17 U.S.C. 111, 119 or 1003) ......................................................................... 100 

(5)Notice of Digital Transmission of Sound Recording (17 U.S.C. 112 and 114) ..................................................................................... 25 

Amended Notice of Digital Transmission of Sound Recording ........................................................................................................... 25 

(6) Photocopy of record by staff (b&w) (per page) (minimum $12) ........................................................................................................... 0.50 

(7) Search and report services (per hour) .................................................................................................................................................. 165 

(8) Certification of search report (per hour) ................................................................................................................................................ 165 

■ 3. Amend § 201.6 by revising 

paragraph (c) to read as follows: 

§ 201.6 Payment and refund of 

Copyright Office fees 

* * * * * 

(c) Refunds. (1) Money remitted to the 

Copyright Office for basic, 

supplementary or renewal registration, 

including mask works and vessel hulls, 

will not be refunded if the claim is 

rejected because the material deposited 

does not constitute copyrightable 

subject matter or because the claim is 

invalid for any other reason. Payments 

made by mistake or in excess of the fee 

will be refunded, but amounts of $50 or 

less will not be refunded unless 

specifically requested, and refunds of 

less than $2 may be made in postage 

stamps. Except for services specified in 

paragraphs (c)(2) and (3) of this section, 

before making any refund for fees 

remitted in relation to non–registration 

copyright services, the Copyright Office 

shall deduct an administrative 

processing fee in an amount equivalent 

to one hour of the requested service, or 

the minimum charge for the service. 

(2) In instances where money has 

been remitted to pay for recordation of 

a document, and it is determined that 

the document cannot be recorded, the 

basic recordation fee covering one title 

will be retained as a filing fee. Any 

additional money over the basic fee for 

one title will be refunded, but amounts 

of $50 or less will not be refunded 

unless specifically requested, and 

refunds of less than $2 may be made in 

postage stamps. 

(3) For services where fees are 

calculated on an hourly basis, such as 

preparation of a search report, 

certification of certain Copyright Office 

records, or location and retrieval of 

records, in instances where the request 

is withdrawn before work is begun by 

the staff member responsible for 

providing the service, the Copyright 

Office will retain half of the hourly 

charge for administrative expenses, and 

refund the remaining portion of the fee 

subject to paragraph (c)(1) of this 

section. In addition, the fee for an 

estimate of a search fee is non– 

refundable. This policy applies to 

requests to the Records, Research and 

Certification Section, and requests to the 

Licensing Division. 

* * * * * 

Dated: June 25, 2009. 

Marybeth Peters, 

Register of Copyrights. 

Approved by: 

James H. Billington, 

The Librarian of Congress. 

[FR Doc. E9–16126 Filed 7–8–09; 8:45 am] 

BILLING CODE 1410–30–S 


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