justicedao/patent-legal-corpus huggingface dataset:
37 CFR 205.2 — Legal Processes
Current through: 2024-07-01

Address for mail and service; telephone number.

§ 205.2 Address for mail and service; telephone number. (a) Mail under this part should be addressed to the General Counsel at the address specified in § 201.1(c)(1) of this chapter. (b) Service by hand shall be made upon an authorized person from 8:30 a.m. to 5 p.m., Monday through Friday in the Copyright Information Section, U.S. Copyright Office, Library of Congress, James Madison Memorial Building, Room LM-401, 101 Independence Avenue SE., Washington, DC. Persons authorized to accept service of process are the General Counsel of the Copyright Office and his or her designees. (c) The Office of the General Counsel may be reached by telephone during normal business hours specified in paragraph (b) of this section at 202-707-8380. [69 FR 39334, June 30, 2004, as amended at 73 FR 37840, July 2, 2008; 82 FR 9365, Feb. 6, 2017]
37 CFR 205.3 — Legal Processes
Current through: 2024-07-01

Waiver of rules.

§ 205.3 Waiver of rules. In extraordinary situations, when the interest of justice requires, the General Counsel may waive or suspend the rules of this part, sua sponte or on petition of an interested party, subject to such requirements as the General Counsel may impose on the parties. However, the inclusion of certain legal processes within the scope of these rules, e.g., state legal proceedings, does not represent a waiver of any claim of immunity, privilege, or other defense by the Office in a legal proceeding, including but not limited to, sovereign immunity, preemption, or lack of relevance. This rule does not create any right or benefit, substantive or procedural, enforceable at law by a party against the Copyright Office, the Library of Congress, or the United States.
37 CFR 205.5 — Legal Processes
Current through: 2024-07-01

Scope of this part related to Copyright Office duties under title 17 of the U.S. Code.

§ 205.5 Scope of this part related to Copyright Office duties under title 17 of the U.S. Code. This part relates only to legal proceedings, process, requests and demands relating to the Copyright Office's performance of its duties pursuant to title 17 of the United States Code. Legal proceedings, process, requests and demands relating to other matters (e.g., personal injuries, employment matters, etc.) are the responsibility of the General Counsel of the Library of Congress and are governed by 36 CFR part 703.
37 CFR 210.11 — Compulsory License for Making and Distributing Phonorecords, Including Digital Phonorecord Deliveries
Current through: 2024-07-01

Record companies using individual download licenses.

§ 210.11 Record companies using individual download licenses. A record company that obtains an individual download license under 17 U.S.C. 115(b)(3) shall provide statements of account and pay royalties as a compulsory licensee in accordance with this subpart. [83 FR 63065, Dec. 7, 2018. Redesignated at 85 FR 58143, Sept. 17, 2020]
37 CFR 210.1 — Compulsory License for Making and Distributing Phonorecords, Including Digital Phonorecord Deliveries
Current through: 2024-07-01

General.

§ 210.1 General. This subpart prescribes rules for the payment of royalties and the preparation and service of statements of account under the compulsory license for the making and distribution of phonorecords of nondramatic musical works, including by means of a digital phonorecord delivery, pursuant to 17 U.S.C. 115 and the rates and terms in part 385 of this title. Rules governing notices of intention to obtain a compulsory license for making and distributing phonorecords of nondramatic musical works are located in § 201.18. On and after the license availability date, this subpart shall not apply with respect to any digital phonorecord delivery made pursuant to the compulsory license unless such digital phonorecord delivery is made by a record company under an individual download license under 17 U.S.C. 115(b)(3), which must be reported and paid for in accordance with § 210.11; that is, this subpart shall not apply where a digital music provider reports and pays royalties under a blanket license under 17 U.S.C. 115(d)(4)(A)(i). [79 FR 56206, Sept. 18, 2014, as amended at 83 FR 63065, Dec. 7, 2018. Redesignated and amended at 85 FR 58143, Sept. 17, 2020]
37 CFR 210.21 — Compulsory License for Making and Distributing Phonorecords, Including Digital Phonorecord Deliveries
Current through: 2024-07-01

General.

§ 210.21 General. This subpart prescribes rules for the compulsory blanket license to make and distribute digital phonorecord deliveries of nondramatic musical works pursuant to 17 U.S.C. 115(d), including rules for digital music providers, significant nonblanket licensees, the mechanical licensing collective, and the digital licensee coordinator.
37 CFR 210.22 — Compulsory License for Making and Distributing Phonorecords, Including Digital Phonorecord Deliveries
Current through: 2024-07-01

Definitions.

§ 210.22 Definitions. For purposes of this subpart: (a) Unless otherwise specified, the terms used have the meanings set forth in 17 U.S.C. 115(e). (b) The term blanket licensee means a digital music provider operating under a blanket license. (c) The term DDEX means Digital Data Exchange, LLC. (d) The term GAAP means U.S. Generally Accepted Accounting Principles, except that if the U.S. Securities and Exchange Commission permits or requires entities with securities that are publicly traded in the U.S. to employ International Financial Reporting Standards, as issued by the International Accounting Standards Board, or as accepted by the Securities and Exchange Commission if different from that issued by the International Accounting Standards Board, in lieu of Generally Accepted Accounting Principles, then an entity may employ International Financial Reporting Standards as “GAAP” for purposes of this section. (e) The term IPI means interested parties information code. (f) The term ISNI means international standard name identifier. (g) The term ISRC means international standard recording code. (h) The term ISWC means international standard musical work code. (i) The term producer means the primary person(s) contracted by and accountable to the content owner for the task of delivering the sound recording as a finished product. (j) The term UPC means universal product code.
37 CFR 210.23 — Compulsory License for Making and Distributing Phonorecords, Including Digital Phonorecord Deliveries
Current through: 2024-07-01

Designation of the mechanical licensing collective and digital licensee coordinator.

§ 210.23 Designation of the mechanical licensing collective and digital licensee coordinator. The following entities are designated pursuant to 17 U.S.C. 115(d)(3)(B) and (d)(5)(B). Additional information regarding these entities is available on the Copyright Office's website. (a) Mechanical Licensing Collective, incorporated in Delaware on March 5, 2019, is designated as the mechanical licensing collective; and (b) Digital Licensee Coordinator, Inc., incorporated in Delaware on March 20, 2019, is designated as the digital licensee coordinator.
37 CFR 210.30 — Compulsory License for Making and Distributing Phonorecords, Including Digital Phonorecord Deliveries
Current through: 2024-07-01

Temporary exception to certain reporting requirements about certain permanent download licenses.

§ 210.30 Temporary exception to certain reporting requirements about certain permanent download licenses. (a) Where a requirement of § 210.24(b)(8), § 210.25(b)(6), § 210.27(c)(5), or § 210.28(c)(5) has not been satisfied with respect to an individual download license or voluntary pass-through license before April 5, 2021, in connection with a submission to the mechanical licensing collective before such date, a submitter may take additional time to comply with such reporting obligations, as amended, by no later than May 19, 2021. Taking such additional time shall not render an otherwise compliant notice of license, notice of nonblanket activity, or report of usage invalid, or provide a basis for the mechanical licensing collective to reject an otherwise compliant notice of license, serve a notice of default on an otherwise compliant blanket licensee, terminate an otherwise compliant blanket license, or engage in legal enforcement efforts against an otherwise compliant significant nonblanket licensee. Any deadline otherwise applicable to any such action by the mechanical licensing collective shall be tolled with respect to a submitter permitted to take additional time to comply with these reporting obligations until May 19, 2021. (b) For purposes of this section, a voluntary pass-through license is a voluntary license obtained by a licensor of sound recordings to make and distribute, or authorize the making and distribution of, permanent downloads embodying musical works through which a digital music provider or significant nonblanket licensee has obtained authority from such licensor of sound recordings to make and distribute permanent downloads of musical works embodied in such sound recordings. [85 FR 84245, Dec. 28, 2020, as amended at 86 FR 12827, Mar. 5, 2021]
37 CFR 210.3 — Compulsory License for Making and Distributing Phonorecords, Including Digital Phonorecord Deliveries
Current through: 2024-07-01

Accounting requirements where sales revenue is “recognized.”

§ 210.3 Accounting requirements where sales revenue is “recognized.” Where under § 210.2(g)(3)(i), revenue from the sale of phonorecords is “recognized” during any month after the month in which the compulsory licensee actually first parted with their possession, said compulsory licensee shall reduce particular phonorecord reserves by the number of phonorecords for which revenue is being “recognized,” as follows: (a) If the number of phonorecords for which revenue is being “recognized” is smaller than the number of phonorecords comprising the earliest eligible phonorecord reserve, this phonorecord reserve shall be reduced by the number of phonorecords for which revenue is being “recognized.” Subject to the time limitations of § 210.2(g)(3)(ii), the number of phonorecords remaining in this reserve shall be available for use in subsequent months. (b) If the number of phonorecords for which revenue is being “recognized” is greater than the number of phonorecords comprising the earliest eligible phonorecord reserve but less than the total number of phonorecords comprising all eligible phonorecord reserves, the compulsory licensee shall first eliminate those phonorecord reserves, beginning with the earliest eligible phonorecord reserve and continuing to the next succeeding phonorecord reserves, that are completely offset by phonorecords for which revenue is being “recognized.” Said compulsory licensee shall then reduce the next succeeding phonorecord reserve by the number of phonorecords for which revenue is being “recognized” that have not been used to eliminate a phonorecord reserve. Subject to the time limitations of § 210.2(g)(3)(ii), the number of phonorecords remaining in this reserve shall be available for use in subsequent months. (c) If the number of phonorecords for which revenue is being “recognized” equals the number of phonorecords comprising all eligible phonorecord reserves, the person or entity exercising the compulsory license shall eliminate all of the phonorecord reserves. (d) Digital phonorecord deliveries shall not be considered as accompanied by a privilege of return as described in § 210.2(g)(3), and the compulsory licensee shall not take digital phonorecord deliveries into account in establishing phonorecord reserves. [79 FR 56206, Sept. 18, 2014. Redesignated at 85 FR 58143, Sept. 17, 2020]
37 CFR 210.5 — Compulsory License for Making and Distributing Phonorecords, Including Digital Phonorecord Deliveries
Current through: 2024-07-01

Situations in which a compulsory licensee is barred from maintaining reserves.

§ 210.5 Situations in which a compulsory licensee is barred from maintaining reserves. Notwithstanding any other provisions of this section, in any case where, within three years before the phonorecord was relinquished from possession, the compulsory licensee has had final judgment entered against it for failure to pay royalties for the reproduction of copyrighted music on phonorecords, or within such period has been definitively found in any proceeding involving bankruptcy, insolvency, receivership, assignment for the benefit of creditors, or similar action, to have failed to pay such royalties, that compulsory licensee shall be considered to have “permanently parted with possession” of a phonorecord made under the license at the time at which that compulsory licensee actually first parts with possession. For these purposes the compulsory licensee shall include: (a) In the case of any corporation, the corporation or any director, officer, or beneficial owner of twenty-five percent (25%) or more of the outstanding securities of the corporation; (b) In all other cases, any entity or individual owning a beneficial interest of twenty-five percent (25%) or more in the entity exercising the compulsory license. [79 FR 56206, Sept. 18, 2014, as amended at 82 FR 9365, Feb. 6, 2017. Redesignated at 85 FR 58143, Sept. 17, 2020]
37 CFR 210.8 — Compulsory License for Making and Distributing Phonorecords, Including Digital Phonorecord Deliveries
Current through: 2024-07-01

Documentation.

§ 210.8 Documentation. All compulsory licensees shall, for a period of at least five years from the date of service of an Annual Statement of Account or Amended Annual Statement of Account, keep and retain in their possession all records and documents necessary and appropriate to support fully the information set forth in such Annual Statement or Amended Annual Statement and in Monthly Statements served during the fiscal year covered by such Annual Statement or Amended Annual Statement. [79 FR 56206, Sept. 18, 2014. Redesignated at 85 FR 58143, Sept. 17, 2020]
37 CFR 210.9 — Compulsory License for Making and Distributing Phonorecords, Including Digital Phonorecord Deliveries
Current through: 2024-07-01

Harmless errors.

§ 210.9 Harmless errors. Errors in a Monthly or Annual Statement of Account that do not materially prejudice the rights of the copyright owner shall be deemed harmless, and shall not render that statement of account invalid or provide a basis for the exercise of the remedies set forth in 17 U.S.C. 115(c)(2)(J). [79 FR 56206, Sept. 18, 2014, as amended at 83 FR 63065, Dec. 7, 2018. Redesignated at 85 FR 58143, Sept. 17, 2020]
37 CFR 211.1 — Mask Work Protection
Current through: 2024-07-01

General provisions.

§ 211.1 General provisions. (a) Mail and other communications with the Copyright Office concerning the Semiconductor Chip Protection Act of 1984, Pub. L. 98-620, chapter 9 of title 17 U.S.C., should be sent to the address specified in § 201.1(b) of this chapter. (b) Section 201.2 of this chapter relating to the information given by the Copyright Office, and parts 203 and 204 of this chapter pertaining to the Freedom of Information Act and Privacy Act, shall apply, where appropriate, to the administration by the Copyright Office of the Semiconductor Chip Protection Act of 1984, Pub. L. 98-620. (c) For purposes of this part, the terms semiconductor chip product, mask work, fixed, commercially exploited, and owner, shall have the meanings set forth in section 901 of title 17 U.S.C. [50 FR 26719, June 28, 1985, as amended at 82 FR 9365, Feb. 6, 2017]
37 CFR 211.2 — Mask Work Protection
Current through: 2024-07-01

Recordation of documents pertaining to mask works.

§ 211.2 Recordation of documents pertaining to mask works. The conditions prescribed in § 201.4 of this chapter for recordation of transfers of copyright ownership and other documents pertaining to copyright are applicable to the recordation of documents pertaining to mask works under section 903 of title 17 U.S.C. [50 FR 26719, June 28, 1985, as amended at 66 FR 34373, June 28, 2001]
37 CFR 211.3 — Mask Work Protection
Current through: 2024-07-01

Mask work fees.

§ 211.3 Mask work fees. (a) Section 201.3 of this chapter prescribes the fees or charges established by the Register of Copyrights for services relating to mask works. (b) Section 201.6 of this chapter on the payment and refund of Copyright Office fees shall apply to mask work fees. [50 FR 26719, June 28, 1985, as amended at 56 FR 59886, Nov. 26, 1991; 59 FR 38372, July 28, 1994; 63 FR 29139, May 28, 1998; 64 FR 29522, June 1, 1999]
37 CFR 211.6 — Mask Work Protection
Current through: 2024-07-01

Methods of affixation and placement of mask work notice.

§ 211.6 Methods of affixation and placement of mask work notice. (a) General. (1) This section specifies methods of affixation and placement of the mask work notice that will satisfy the notice requirement in section 909 of title 17 U.S.C. A notice deemed “acceptable” under this regulation shall be considered to satisfy the requirement of that section that it be affixed “in such manner and location as to give reasonable notice” of protection. As provided in that section, the examples specified in this regulation shall not be considered exhaustive of the methods of affixation and positions giving reasonable notice of the claim of protection in a mask work. (2) The acceptability of a mask work notice under these regulations shall depend upon its being legible under normal conditions of use, and affixed in such manner and position that, when affixed, it may be viewed upon reasonable examination. (b) Elements of mask work notice. The elements of a mask work notice shall consist of: (1) The words mask work , the symbol “M” or the symbol “M” (the letter M in a circle); and (2) The name of the owner or owners of the mask work or an abbreviation by which the name is recognized or is generally known. (c) Methods of affixation and placement of the notice. In the case of a mask work fixed in a semiconductor chip product, the following locations are acceptable: (1) A gummed or other label securely affixed or imprinted upon the package or other container used as a permanent receptacle for the product; or (2) A notice imprinted or otherwise affixed in or on the top or other visible layer of the product. [50 FR 26719, June 28, 1985, as amended at 60 FR 34169, June 30, 1995]
37 CFR 211.7 — Mask Work Protection
Current through: 2024-07-01

Reconsideration procedure for refusals to register.

§ 211.7 Reconsideration procedure for refusals to register. The requirements prescribed in § 202.5 of this chapter for reconsideration of refusals to register copyright claims are applicable to requests to reconsider refusals to register mask works under 17 U.S.C. chapter 9, unless otherwise required by this part. [69 FR 77637, Dec. 28, 2004]
37 CFR 212.1 — Protection of Vessel Designs
Current through: 2024-07-01

Scope.

§ 212.1 Scope. The provisions of this part apply to the protection and registration of original designs of vessels under chapter 13 of title 17, United States Code. Design protection and registration under this part are separate from copyright protection and registration. Copyright registration is governed by the provisions of part 202 of this subchapter. [64 FR 36578, July 7, 1999, as amended at 82 FR 9366, Feb. 6, 2017]
37 CFR 212.2 — Protection of Vessel Designs
Current through: 2024-07-01

Fees.

§ 212.2 Fees. Services related to registration of original designs of vessels are subject to fees prescribed in §§ 201.3(c) and (d). [71 FR 31092, June 1, 2006, as amended at 82 FR 9366, Feb. 6, 2017]
37 CFR 212.4 — Protection of Vessel Designs
Current through: 2024-07-01

Affixation and placement of design notice.

§ 212.4 Affixation and placement of design notice. (a) General. (1) This section specifies the methods of affixation and placement of the design notice required by 17 U.S.C. 1306. Sections 1306 and 1307 govern the circumstances under which a design notice must be used and the effect of omission of a design notice. A notice deemed acceptable under this part shall be considered to satisfy the requirements of section 1306 that it be so located and applied as to give reasonable notice of design protection while the useful article embodying the design is passing through its normal channels of commerce. As provided in that section, the examples specified in this part shall not be considered exhaustive of the methods of affixation and locations giving reasonable notice of the claim of protection in the design. (2) The acceptability of a design notice under these regulations shall depend upon its being legible under normal conditions of use, and affixed in such a manner and position that, when affixed, it may be viewed upon reasonable examination. There is no requirement that a design notice be permanently embossed or engraved into a vessel hull or deck, but it should be affixed in such a manner that, under normal conditions of use, it is not likely to become unattached or illegible. (b) Elements of a design notice. If the design has been registered, the registration number may be included in the design notice in place of the year of the date on which protection for the design commenced and the name of the owner, an abbreviation by which the name can be recognized, or a generally accepted alternative designation of the owner. The elements of a design notice shall consist of: (1) The words “Protected Design”, the abbreviation “Prot'd Des.”, or the letter “D” within a circle, or the symbol *D*; (2) The year of the date on which protection for the design commenced; and (3) The name of the owner, an abbreviation by which the name can be recognized, or a generally accepted alternative designation of the owner. (c) Distinctive identification. Any distinctive identification of an owner may be used for purposes of paragraph (b)(3) of this section if it has been recorded by the Register of Copyrights pursuant to § 212.5 before the design marked with such identification is registered. (d) Acceptable locations of notice. The following are acceptable means of affixing and placement of a design notice: (1) In close proximity to the identification number required by 33 CFR 181.23; (2) In close proximity to the driver's console such that it is in plain view from the console; (3) If the vessel is twenty feet in length or less and is governed by 33 CFR 183.21, in close proximity to the capacity marking; and (4) In close proximity to the make and/or model designation of the vessel. [64 FR 36578, July 7, 1999, as amended at 82 FR 9366, Feb. 6, 2017]
37 CFR 212.5 — Protection of Vessel Designs
Current through: 2024-07-01

Recordation of distinctive identification of vessel designer.

§ 212.5 Recordation of distinctive identification of vessel designer. (a) General. Any owner of a vessel design may record a distinctive identification with the Register of Copyrights for purposes of using such distinctive identification in a design protection notice required by 17 U.S.C. 1306. A distinctive identification of an owner may not be used in a design notice before it has first been recorded with the Register. (b) Forms. The Copyright Office does not provide forms for the use of persons recording distinctive identifications of ownership of a vessel design. However, persons recording distinctive identifications are encouraged to use the suggested format available on the Copyright Office website ( http://www.loc.gov/copyright/vessels ). (c) Recording distinctive identifications. Any distinctive identification of an owner of a vessel design may be recorded with the Register of Copyrights provided that a document containing the following is submitted: (1) The name and address of the owner; (2) A statement of the owner that he/she is entitled to use the distinctive identification; (3) A statement or depiction of the identification; and (4) The recordation fee in the amount prescribed in § 201.3(c) of this chapter. (d) The document should be mailed to the address specified in § 201.1(b)(2) of this chapter. [64 FR 36578, July 7, 1999, as amended at 67 FR 38005, May 31, 2002; 72 FR 33692, June 19, 2007; 82 FR 9366, Feb. 6, 2017]