INTELLECTUAL PROPERTY RIGHTS

NATIONAL LEGISLATION - USA

Copyright Laws and Regulations

Regulations: Title 37, Chapters I (Subchapter C) and II, Code of Federal
Regulations

37 C.F.R. � 201.35   Initial Notice of Digital Transmission of Sound Recordings under Statutory License.�

���     (a) General. This section prescribes rules under which copyright owners shall receive initial notice of use of their sound recordings under statutory license under section 114(f) of title 17 of the United States Code, as amended by Public Law 104-39, 109, Stat. 336. �

���     (b) Definitions. (1) An Initial Notice of Digital Transmission of Sound Recordings under Statutory License is a notice to sound recording copyright owners of the use of their works under section 114(f), and required under this regulation to be filed by a Service in the Copyright Office. �

���     (2) A Service is an entity engaged in the digital transmission of sound recordings, pursuant to section 114(f) of title 17 of the United States Code.�

���     (c) Forms. The Copyright Office does not provide printed forms for the filing of Initial Notices.�

���     (d) Content. An �Initial Notice of Digital Transmission of Sound Recordings under Statutory License� shall be identified as such by prominent caption or heading, and shall include the following: �

���     (1) The full legal name of the Service commencing digital transmission of sound recordings under statutory license; �

���     (2) The full address, including a specific number and street name or rural route, of the place of business of the Service. A post office box or similar designation will not be sufficient except where it is the only address that can be used in that geographic location; �

���     (3) The telephone number and facsimile number of the Service; and�

���     (4) Information on how to gain access to the online website or home page of the Service, or where information may be posted under these regulations concerning the use of sound recordings under statutory license.�

���     (e) Signature. The Initial Notice shall include the signature of the appropriate officer or representative of the Service transmitting sound recordings under statutory license. The signature shall be accompanied by the printed or typewritten name and title of the person signing the Notice, and by the date of signature.

���     (f) Filing. A Service shall file the Initial Notice with the Licensing Division of the Copyright Office prior to the first transmission of sound recordings under the license, or within 45 days of the effective date of this regulation. Each Notice shall be accompanied by a filing fee of $20. Initial Notices and amendments will be placed in the public records of the Licensing Division of the Copyright Office, and posted online where they will be accessible through the Copyright Office website. The address of the Licensing Division is: Library of Congress, Copyright Office, Licensing Division, 101 Independence Avenue, S.E., Washington, D.C. 20557-6400. �

���     (g) Amendments. A Service shall file with the Licensing Division of the Copyright Office an amendment reporting a change in the information reported in the Initial Notice within 45 days of the change. An amendment shall be accompanied by a fee of $20, and shall: �

���     (1) Be clearly and prominently identified as �An Amendment to an Initial Notice of Digital Transmission of Sound Recordings under Statutory License�;�

���     (2) Identify the specific Initial Notice intended to be amended, by Service name and filing date, so that it may be readily located in the records of the Copyright Office;�

���     (3) Clearly specify the nature of the amendment to be made; and�

���     (4) Be signed and dated in accordance with this section. �

[63 FR 34289, 34296, June 24, 1998]�

37 C.F.R. � 201.36   Reports of Use of Sound Recordings under Statutory License. �

���     (a) General. This section prescribes rules under which Services shall serve copyright owners with notice of use of their sound recordings, what the content of that notice should be, and under which records of such use shall be kept and made available.�

���     (b) Definitions. (1) A Collective is a collection and distribution organization that is designated under the statutory license, either by settlement agreement reached under section 114(f)(1) or section 114(f)(4)(A) and adopted pursuant to 37 CFR 251.63(b), or by decision of a Copyright Arbitration Royalty Panel (CARP) under section 114(f)(2) or section 114(f)(4)(B), or by an order of the Librarian pursuant to 17 U.S.C. 802(f).�

���     (2) A Report of Use of Sound Recordings under Statutory License is a report required under this regulation to be provided by the Service transmitting sound recordings under statutory license. �

���     (3) A Service is an entity engaged in the digital transmission of sound recordings pursuant to section 114(f) of title 17 of the United States Code.�

���     (c) Service. Reports of Use shall be served upon Collectives that are identified in the records of the Licensing Division of the Copyright Office as having been designated under the statutory license, either by settlement agreement reached under section 114(f)(1) or section 114(f)(4)(A) and adopted pursuant to 37 CFR 251.63(b), or by decision of a Copyright Arbitration Royalty Panel (CARP) under section 114(f)(2) or section 114(f)(4)(B), or by an order of the Librarian pursuant to 17 U.S.C. 802(f). Reports of use shall be served, by certified or registered mail, or by other means if agreed upon by the respective Service and Collective, on or before the twentieth day after the close of each month, commencing with the month succeeding the month in which these regulations become effective. �

���     (d) Posting. In the event that no Collective is designated under the statutory license, or if all designated Collectives have terminated collection and distribution operations, a Service transmitting sound recordings under statutory license shall post and make available online its Reports of Use. Services shall post their Reports of Use online on or before the 20th day after the close of each month, and make them available to all sound recording copyright owners for a period of 90 days. Services may require use of passwords for access to posted Reports of Use, but must make passwords available in a timely manner and free of charge or other restrictions. Services may predicate provision of a password upon:�

���     (1) Information relating to identity, location and status as a sound recording copyright owner; and�

���     (2) A �click-wrap� agreement not to use information in the Report of Use for purposes other than royalty collection, royalty distribution, and determining compliance with statutory license requirements, without the express consent of the Service providing the Report of Use. �

� ��     (e) Content. A �Report of Use of Sound Recordings under Statutory License� shall be identified as such by prominent caption or heading, and shall include a Service's �Intended Playlists� for each channel and each day of the reported month. �

���     (1) The �Intended Playlists� shall include a consecutive listing of every recording scheduled to be transmitted, and shall contain the following information in the following order:�

���     (i) The name of the service or entity; �

���     (ii) The channel;�

���     (iii) The sound recording title; �

���     (iv) The featured recording artist, group, or orchestra; �

���     (v) The retail album title (or, in the case of compilation albums created for commercial purposes, the name of the retail album identified by the Service for purchase of the sound recording); �

���     (vi) The recording label;�

���     (vii) The catalog number;�

���     (viii) The International Standard Recording Code (ISRC) embedded in the sound recording, where available and feasible; �

���     (ix) The date of transmission; and �

���     (x) The time of transmission.�

���     (2) The Report of Use shall include a report of any system failure resulting in a deviation from the Intended Playlists of scheduled sound recordings. Such report shall include the date, time and duration of any such system failure.�

���     (f) Signature. Reports of use shall include a signed statement by the appropriate officer or representative of the Service attesting, under penalty of perjury, that the information contained in the Report is believed to be accurate and is maintained by the Service in its ordinary course of business. The signature shall be accompanied by the printed or typewritten name and title of the person signing the Report, and by the date of signature.�

���     (g) Format. Reports of use should be provided on a standard machine-readable medium, such as diskette, optical disc, or magneto-optical disc, and should conform as closely as possible to the following specifications: �

���     (1) ASCII delimited format, using pipe characters as delimiter, with no headers or footers;�

���     (2) Carats should surround strings;�

���     (3) No carats should surround dates and numbers;�

���     (4) Dates should be indicated by: MM/DD/YYYY;�

���     (5) Times should be based on a 24-hour clock: HH�

���     (6) A carriage return should be at the end of each line; and �

���     (7) All data for one record should be on a single line. �

���     (h) Confidentiality. Copyright owners, their agents and Collectives shall not disseminate information in the Reports of Use to any persons not entitled to it, nor utilize the information for purposes other than royalty collection and distribution, and determining compliance with statutory license requirements, without express consent of the Service providing the Report of Use. �

���     (i) Documentation. All compulsory licensees shall, for a period of at least three years from the date of service or posting of the Report of Use, keep and retain a copy of the Report of Use. For reporting periods from February 1, 1996, through August 31, 1998, the Service shall serve upon all designated Collectives and retain for a period of three years from the date of transmission records of use indicating which sound recordings were performed and the number of times each recording was performed, but is not required to produce full Reports of Use or Intended Playlists for those periods. �

[63 FR 34289, 34296, June 24, 1998] �

37 C.F.R. � 201.37   Designated Collection and Distribution Organizations for Records of Use of Sound Recordings under Statutory License.�

���     (a) General. This section prescribes rules under which records of use shall be collected and distributed under section 114(f) of title 17 of the United States Code, as amended by Public Law 104-39, 109 Stat. 336, and under which records of such use shall be kept and made available.�

���     (b) Definition. (1) A Collective is a collection and distribution organization that is designated under the statutory license, either by settlement agreement reached under section 114(f)(1) or section 114(f)(4)(A) and adopted pursuant to 37 CFR 251.63(b), or by decision of a Copyright Arbitration Royalty Panel (CARP) under section 114(f)(2) or section 114(f)(4)(B), or by an order of the Librarian pursuant to 17 U.S.C. 802(f).�

���     (2) A Service is an entity engaged in the digital transmission of sound recordings pursuant to section 114(f) of title 17 of the United States Code. �

���     (c) Notice of Designation as Collective under Statutory License. A Collective shall file with the Licensing Division of the Copyright Office and post and make available online a �Notice of Designation as Collective under Statutory License,� which shall be identified as such by prominent caption or heading, and shall contain the following information:�

���     (1) The Collective name, address, telephone number and facsimile number; �

���     (2) A statement that the Collective has been designated for collection and distribution of performance royalties under statutory license for digital transmission of sound recordings; and�

�� �     (3) Information on how to gain access to the online website or home page of the Collective, where information may be posted under these regulations concerning the use of sound recordings under statutory license.� The address of the Licensing Division is: Library of Congress, Copyright Office, Licensing Division, 101 Independence Avenue, S.E., Washington, D.C. 20557-6400. �

���     (d) Annual Report. The Collective will post and make available online, for the duration of one year, an Annual Report on how the Collective operates, how royalties are collected and distributed, and what the Collective spent that fiscal year on administrative expenses.

���     (e) Inspection of Reports of Use by Copyright Owners. The Collective shall make copies of the Reports of Use for the preceding three years available for inspection by any sound recording copyright owner, without charge, during normal office hours upon reasonable notice.� The Collective shall predicate inspection of Reports of Use upon information relating to identity, location and status as a sound recording copyright owner, and the copyright owner's written agreement not to utilize the information for purposes other than royalty collection and distribution, and determining compliance with statutory license requirements, without express consent of the Service providing the Report of Use. � The Collective shall render its best efforts to locate copyright owners in order to make available records of use, and such efforts shall include searches in Copyright Office public records and published directories of sound recording copyright owners.�

���     (f) Confidentiality. Copyright owners, their agents, and Collectives shall not disseminate information in the Reports of Use to any persons not entitled to it, nor utilize the information for purposes other than royalty collection and distribution, and determining compliance with statutory license requirements, without express consent of the Service providing the Report of Use. �

���     (g) Termination and dissolution. If a Collective terminates its collection and distribution operations prior to the close of its term of designation, the Collective shall notify the Copyright Office, and all Services transmitting sound recordings under statutory license, by certified or registered mail. � The dissolving Collective shall provide each such Service with information identifying the copyright owners it has served.�

[63 FR 34289, 34297, June 24, 1998] �

37 C.F.R. � 202.1   Material not subject to copyright.�

���     The following are examples of works not subject to copyright and applications for registration of such works cannot be entertained: �

���     (a) Words and short phrases such as names, titles, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering or coloring; mere listing of ingredients or contents;�

���     (b) Ideas, plans, methods, systems, or devices, as distinguished from the particular manner in which they are expressed or described in a writing; �

���     (c) Blank forms, such as time cards, graph paper, account books, diaries, bank checks, scorecards, address books, report forms, order forms and the like, which are designed for recording information and do not in themselves convey information;�

���     (d) Works consisting entirely of information that is common property containing no original authorship, such as, for example: Standard calendars, height and weight charts, tape measures and rulers, schedules of sporting events, and lists or tables taken from public documents or other common sources. �

���     (e) Typeface as typeface.�

[24 FR 4956, June 18, 1959, as amended at 38 FR 3045, Feb. 1, 1973; 57 FR 6202, Feb. 21, 1992]�

37 C.F.R. � 202.2   Copyright notice. �

���     (a) General. (1) With respect to a work published before January 1, 1978, copyright was secured, or the right to secure it was lost, except for works seeking ad interim copyright, at the date of publication, i.e., the date on which copies are first placed on sale, sold, or publicly distributed, depending upon the adequacy of the notice of copyright on the work at that time. � The adequacy of the copyright notice for such a work is determined by the copyright statute as it existed on the date of first publication.�

���     (2) If before January 1, 1978, publication occurred by distribution of copies or in some other manner, without the statutory notice or with an inadequate notice, as determined by the copyright statute as it existed on the date of first publication, the right to secure copyright was lost. � In such cases, copyright cannot be secured by adding the notice to copies distributed at a later date.�

���     (3) Works first published abroad before January 1, 1978, other than works for which ad interim copyright has been obtained, must have borne an adequate copyright notice.� The adequacy of the copyright notice for such works is determined by the copyright statute as it existed on the date of first publication abroad.�

���     (b) Defects in notice. Where the copyright notice on a work published before January 1, 1978, does not meet the requirements of Title 17 of the United States Code as it existed on December 31, 1977, the Copyright Office will reject an application for copyright registration. Common defects in the notice include, among others the following:�

���     (1) The notice lacks one or more of the necessary elements (i.e., the word �Copyright,� the abbreviation �Copr.�, or the symbol , or, in the case of a sound recording, the symbol P; the name of the copyright proprietor, or, in the case of a sound recording, the name, a recognizable abbreviation of the name, or a generally known alternative designation, of the copyright owner; and, when required, the year date of publication);�

���     (2) The elements of the notice are so dispersed that a necessary element is not identified as a part of the notice; in the case of a sound recording, however, if the producer is named on the label or container, and if no other name appears in conjunction with the notice, his name will be considered a part of the notice;

���     (3) The notice is not in one of the positions prescribed by law; �

���     (4) The notice is in a foreign language;�

���     (5) The name in the notice is that of someone who had no authority to secure copyright in his name;�

���     (6) The year date in the copyright notice is later than the date of the year in which copyright was actually secured, including the following cases: �

���     (i) Where the year date in the notice is later than the date of actual publication;�

���     (ii) Where copyright was first secured by registration of a work in unpublished form, and copies of the same work as later published without change in substance bear a copyright notice containing a year date later than the year of unpublished registration;�

���     (iii) Where a book or periodical published abroad, for which ad interim copyright has been obtained, is later published in the United States without change in substance and contains a year date in the copyright notice later than the year of first publication abroad:�

���     Provided, however, That in each of the three foregoing types of cases, if the copyright was actually secured not more than one year earlier than the year date in the notice, registration may be considered as a doubtful case.�

���     (7) A notice is permanently covered so that it cannot be seen without tearing the work apart;�

        (8) A notice is illegible or so small that it cannot be read without the aid of a magnifying glass: Provided, however, That where the work itself requires magnification for its ordinary use (e.g., a microfilm, microcard or motion picture) a notice which will be readable when so magnified, will not constitute a reason for rejection of the claim;�

���     (9) A notice is on a detachable tag and will eventually be detached and discarded when the work is put in use;�

���     (10) A notice is on the wrapper or container which is not a part of the work and which will eventually be removed and discarded when the work is put to use; the notice may be on a container which is designed and can be expected to remain with the work;�

���     (11) The notice is restricted or limited exclusively to an uncopyrightable element, either by virtue of its position on the work, by the use of asterisks, or by other means.�

[24 FR 4956, June 18, 1959; 24 FR 6163, July 31, 1959, as amended at 37 FR 3055, Feb. 11, 1972; 46 FR 33249, June 29, 1981; 46 FR 34329, July 1, 1981; 60 FR 34168, June 30, 1995] �

37 C.F.R. � 202.3   Registration of copyright.�

���     (a) General. (1) This section prescribes conditions for the registration of copyright, and the application to be made for registration under sections 408 and 409 of title 17 of the United States Code, as amended by Pub. L. 94-553.�

���     (2) For the purposes of this section, the terms audiovisual work, compilation, copy, derivative work, device, fixation, literary work, motion picture, phonorecord, pictorial, graphic and sculptural works, process, sound recording, and their variant forms, have the meanings set forth in section 101 of title 17. � The term author includes an employer or other person for whom a work is �made for hire� under section 101 of title 17.�

���     (3) For the purposes of this section, a copyright claimant is either: �

���     (i) The author of a work;�

��     (ii) A person or organization that has obtained ownership of all rights under the copyright initially belonging to the author.ⁿ¹ �

���     (b) Administrative classification and application forms -- (1) Classes of works. For the purpose of registration, the Register of Copyrights has prescribed the classes of works in which copyright may be claimed. These classes, and examples of works which they include, are as follows:�

���     (i) Class TX: Nondramatic literary works. This class includes all published and unpublished nondramatic literary works. Examples: Fiction; nonfiction; poetry; textbooks; reference works; directories; catalogs; advertising copy; and compilations of information.�

���     (ii) Class PA: Works of the performing arts. This class includes all published and unpublished works prepared for the purpose of being performed directly before an audience or indirectly by means of a device or process. Examples: Musical works, including any accompanying words; dramatic works, including any accompanying music; pantomimes and choreographic works; and motion pictures and other audiovisual works.

���     (iii) Class VA: Works of the visual arts. This class includes all published and unpublished pictorial, graphic, and sculptural works. Examples: Two dimensional and three dimensional works of the fine, graphic, and applied arts; photographs; prints and art reproductions; maps, globes, and charts; technical drawings, diagrams, and models; and pictorial or graphic labels and advertisements. �

���     (iv) Class SR: Sound recordings. This class includes all published and unpublished sound recordings fixed on and after February 15, 1972. Claims to copyright in literary, dramatic, and musical works embodied in phonorecords may also be registered in this class under paragraph (b)(3) of this section if: �

���     (A) Registration is sought on the same application for both a recorded literary, dramatic, or musical work and a sound recording; �

���     (B) the recorded literary, dramatic, or musical work and the sound recording are embodied in the same phonorecord; and�

���     (C) the same claimant is seeking registration of both the recorded literary, dramatic, or musical work and the sound recording.�

���     (v) Class SE: Serials. A serial is a work issued or intended to be issued in successive parts bearing numerical or chronological designations and intended to be continued indefinitely. This class includes periodicals; newspapers; annuals; and the journals, proceedings, transactions, etc. of societies. �

���     (2) Application forms. For the purpose of registration, The Register of Copyrights has prescribed the basic forms to be used for all applications submitted on and after January 1, 1978. Each form corresponds to a class set forth in paragraph (b)(1) of this section and is so designated (�Form TX�; �Form PA�; �Form VA�; �Form SR�; �Form SE�; and �Form SE/Group�). Copies of the forms are available free upon request to the Public Information Office, Library of Congress, Copyright Office, 101 Independence Avenue, S.E., Washington, DC 20559-6000. Applications should be submitted in the class most appropriate to the nature of the authorship in which copyright is claimed. In the case of contributions to collective works, applications should be submitted in the class representing the copyrightable authorship in the contribution. In the case of derivative works, applications should be submitted in the class most appropriately representing the copyrightable authorship involved in recasting, transforming, adapting, or otherwise modifying the preexisting work. In cases where a work contains elements of authorship in which copyright is claimed which fall into two or more classes, the application should be submitted in the class most appropriate to the type of authorship that predominates in the work as a whole. However, in any case where registration is sought for a work consisting of or including a sound recording in which copyright is claimed ⁿ² the application shall be submitted on Form SR.�

���     (3) Registration as a single work. (i) For the purpose of registration on a single application and upon payment of a single registration fee, the following shall be considered a single work:�

���     (A) In the case of published works: All copyrightable elements that are otherwise recognizable as self-contained works, that are included in a single unit of publication, and in which the copyright claimant is the same; and �

���     (B) In the case of unpublished works: all copyrightable elements that are otherwise recognizable as self-contained works, and are combined in a single unpublished �collection.� For these purposes, a combination of such elements shall be considered a �collection� if:�

���     (1) The elements are assembled in an orderly form;�

���     (2) the combined elements bear a single title identifying the collection as a whole;�

���     (3) the copyright claimant in all of the elements, and in the collection as a whole, is the same; and�

���     (4) all of the elements are by the same author, or, if they are by different authors, at least one of the authors has contributed copyrightable authorship to each element. Registration of an unpublished �collection� extends to each copyrightable element in the collection and to the authorship, if any, involved in selecting and assembling the collection.�

���     (ii) In the case of applications for registration made under paragraphs (b)(3) through (b)(8) of this section, the �year in which creation of this work was completed�, as called for by the application, means the latest year in which the creation of any copyrightable element was completed. �

���     (4) Group registration of related works: Automated databases. (i) Pursuant to the authority granted by section 408(c)(1) of title 17 of the United States Code, the Register of Copyrights has determined that, on the basis of a single application, deposit, and filing fee, a single registration may be made for automated databases and their updates or other derivative versions that are original works of authorship, if, where a database (or updates or other revisions thereof), if unpublished, is (or are) fixed, or if published is (or are) published only in the form of machine-readable copies, all of the following conditions are met:�

���     (A) All of the updates or other revisions are owned by the same copyright claimant;�

���     (B) All of the updates or other revisions have the same general title; �

���     (C) All of the updates or other revisions are similar in their general content, including their subject;�

���     (D) All of the updates or other revisions are similar in their organization; �

���     (E) Each of the updates or other revisions as a whole, if published before March 1, 1989, bears a statutory copyright notice as first published and the name of the owner of copyright in each work (or an abbreviation by which the name can be recognized, or a generally known alternative designation of the owner) was the same in each notice;�

���     (F) Each of the updates or other revisions if published was first published, or if unpublished was first created, within a three-month period in a single calendar year; and�

���     (G) The deposit accompanying the application complies with � 202.20(c)(2)(vii)(D). �

���     (ii) A single registration may be made on one application for both a database published on a single date, or if unpublished, created on a single date, and also for its copyrightable revisions, including updates covering a three-month period in a single calendar year. An application for group registration of automated databases under section 408(c)(1) of title 17 and this subsection shall consist of:�

���     (A) A Form TX, completed in accordance with the basic instructions on the form and the Special Instructions for Group Registration of an Automated Database and its Updates or Revisions;�

���     (B) A filing fee of $20; and�

���     (C) The deposit required by � 202.20(c)(2)(vii)(D).�

���     (5) Group registration of related serials. (i) Pursuant to the authority granted by section 408(c)(1) of title 17 of the United States Code, the Register of Copyrights has determined that, on the basis of a single application, deposit, and filing fee, a single registration may be made for a group of serials published at intervals of a week or longer if all the following conditions are met:�

���     (A) The Library of Congress receives two complimentary copies promptly after publication of each issue of the serial.�

���     (B) The single application covers no more than the issues published in a given three month period.�

���     (C) The claim to copyright for which registration is sought is in the collective work.�

���     (D) The collective work authorship is essentially new material that is being published for the first time.�

���     (E) The collective work is a work made for hire.�

���     (F) The author(s) and claimant(s) of the collective work are the same person(s) or organization(s).�

���     (G) Each issue must have been created no more than one year prior to publication and all issues included in the group registration must have been published in the same calendar year.�

���     (ii) To be eligible for group registration of serials, publishers must submit a letter affirming that two complimentary subscriptions to the particular serial have been entered for the Library of Congress. The letter should be sent to Library of Congress, �Group Periodicals Registration,� Washington, D.C. 20540-4161.�

���     (iii) The complimentary subscription copies must be addressed to: Group Periodicals Registration Library of Congress, Washington, DC 20540-4161. �

���     (iv) The Register of Copyrights may revoke the privilege of group registration of serials for any publisher who fails to submit the required complimentary subscription copies promptly after publication of each issue. Notice of revocation of the group registration of serials privilege shall be given in writing and shall be sent to the individual person or organization applying for group registration of serials, at the last address shown in the records of the Copyright Office. A notice of revocation may be given at any time if the requirements of the regulation are not satisfied, but it shall state a specific date of revocation that is at least 30 days later than the date the notice is mailed.�

���     (v) To apply for group registration of serials under section 408(c)(1) of title 17 and this subsection, the following items must be sent together in the same package:�

���     (A) A completed Form SE/Group giving the requested information. �

���     (B) A filing fee of $10 for each issue covered by the group registration. �

���     (C) A deposit consisting of one complete copy of the best edition of each issue included in the group registration.�

���     (6) Group registration of daily newspapers. (i) Pursuant to the authority granted by 17 U.S.C. 408(c)(1), the Register of Copyrights has determined that, on the basis of a single application, microfilm deposit, and filing fee, a single registration may be made for a group of daily newspapers published in a microfilm format if the following conditions are met: �

���     (A) Registration covers a full month of issues of the same newspaper title published with issue dates in one calendar month. �

���     (B) A completed GDN application form is submitted.�

���     (C) A publication date is specified designating the first and last day that issues in the group were published.�

���     (D) A deposit is made of positive, 35mm silver halide microfilm meeting the Library's best edition criteria that includes all issues published as final editions in the designated calendar month. In addition to the final edition of the daily newspaper, the claim to copyright and the deposit may also include earlier editions published the same day in a given metropolitan area served by the newspaper, but may not include national or regional editions distributed beyond a given metropolitan area.�

���     (E) A nonrefundable filing fee of $40 is included with the submission, or charged to an active deposit account.

���     (F) Registration is sought within three months after the publication date of the last issue included in the group.�

���     (ii) As used in this regulation, newspapers means serials which are classified as newspapers under the policy document �Newspapers Received Currently in the Library of Congress,�which is administered by the Newspaper Section of the Serials & Government Publications Division of the Library of Congress. In general, serials classified as newspapers are serials mainly designed to be a primary source of written information on current events, either local, national, or international in scope. A newspaper contains a broad range of news on all subjects and activities and is not limited to any specific subject matter. Newspapers are intended either for the general public or for a particular ethnic, cultural, or national group. �

���     (7) Group registration of contributions to periodicals. (i) As provided by section 408(c)(2) of title 17 of the United States Code, as amended by Pub. L. 94-553, a single registration, on the basis of a single application, deposit, and registration fee, may be made for a group of works if all of the following conditions are met:�

���     (A) All of the works are by the same author;�

���     (B) The author of each work is an individual, and not an employer or other person for whom the work was made for hire;�

���     (C) Each of the works first published as a contribution to a periodical (including newspapers) within a twelve-month period; ⁿ³ �

        (D) Each of the works, if first published before March 1, 1989, bore a separate copyright notice, and the name of the owner of copyright in each work (or an abbreviation by which the name can be recognized, or a generally known alternative designation of the owner) was the same in each notice; and �

���     (E) The deposit accompanying the application consists of one copy of the entire issue of the periodical, or of the entire section in the case of a newspaper, in which each contribution was first published.�

���     (ii) An application for group registration under section 408(c)(2) of title 17 and this � 202.3(b)(7) shall consist of:�

���     (A) A basic application for registration on Form TX, Form PA, or Form VA, ⁿ⁴ which shall contain the information required by the form and its accompanying instructions; �

���     (B) An adjunct form prescribed by the Copyright Office and designated �Adjunct Application for Copyright Registration for a Group of Contributions to Periodicals (Form GR/CP)�, which shall contain the information required by the form and its accompanying instructions; and�

���     (C) A fee of $20 and the deposit required by paragraph (b)(7)(i)(E) of this section.�

���     (8) Group registration of daily newsletters. Pursuant to the authority granted by 17 U.S.C. 408(c)(1), the Register of Copyrights has determined that, on the basis of a single application, deposit, and filing fee, a single registration may be made for a group of two or more issues of a daily newsletter if the following conditions are met:�

���     (i) As used in this regulation, daily newsletter means a serial published and distributed by mail or electronic media (online, telefacsimile, cassette tape, diskette or CD-ROM). Publication must occur at least two days per week and the newsletter must contain news or information of interest chiefly to a special group (for example, trade and professional associations, corporate house organs, schools, colleges, and churches).�

���     (ii) The works must be essentially all new collective works or all new issues that have not been published before.�

���     (iii) Each issue must be a work made for hire.�

���     (iv) The author(s) and claimant(s) must be the same person(s) or organization(s) for all of the issues.�

���     (v) All the items in the group must bear issue dates within a single calendar month under the same continuing title.�

���     (vi) If requested in writing by the Copyright Acquisitions Division of the Library of Congress, the publisher of the newsletter must give the Library of Congress up to two complimentary subscriptions of the newsletter in the edition most suitable to the Library's needs. Subscription copies must be mailed or transmitted to the separate address specified by the Copyright Acquisitions Division in its request. Subscription copies are not required unless expressly requested by the Library of Congress.�

���     (vii) A Form SE/Group shall be submitted for daily newsletters bearing issue dates within a single month, together with one copy of each issue, and a filing fee of $10 for each issue included in the group registration. �

���     (9) One registration per work. As a general rule only one copyright registration can be made for the same version of a particular work. However: �

���     (i) Where a work has been registered as unpublished, another registration may be made for the first published edition of the work, even if it does not represent a new version;�

���     (ii) Where someone other than the author is identified as copyright claimant in a registration, another registration for the same version may be made by the author in his or her own name as copyright claimant; ⁿ⁵

���     (iii) Where an applicant for registration alleges that an earlier registration for the same version is unauthorized and legally invalid, a registration may be made by that applicant; and�

���     (iv) Supplementary registrations may be made, under the conditions of � 201.5 of these regulations, to correct or amplify the information in a registration made under this section.�

���     (c) Application for registration. (1) An application for copyright registration may be submitted by any author or other copyright claimant of a work, or the owner of any exclusive right in a work, or the duly authorized agent of any such author, other claimant, or owner.�

���     (2) An application for copyright registration shall be submitted on the appropriate form prescribed by the Register of Copyrights under paragraph (b) of this section, and shall be accompanied by a fee of $20 and the deposit required under 17 U.S.C. 408 and � 202.20 of these regulations. ⁿ⁶ The application shall contain the information required by the form and its accompanying instructions, and shall include a certification. The certification shall consist of: �

���     (i) A designation of whether the applicant is the author of, or other copyright claimant or owner of exclusive rights in, the work, or the duly authorized agent of such author, other claimant, or owner (whose identity shall also be given);�

���     (ii) the handwritten signature of such author, other claimant, owner, or agent, accompanied by the typed or printed name of that person;�

���     (iii) a declaration that the statements made in the application are correct to the best of that person's knowledge; and�

���     (iv) the date of certification.�

��� An application for registration of a published work will not be accepted if the date of certification is earlier than the date of publication given in the application.�

[43 FR 966, Jan. 5, 1978; as amended at 54 FR 13181, Mar. 31, 1989; 54 FR 21059, May 16, 1989; 55 FR 50557, Dec. 7, 1990; 56 FR 7813, 7815 Feb. 26, 1991; 56 FR 27197, June 13, 1991; 56 FR 59885, Nov. 26, 1991; 56 FR 65190, Dec. 16, 1991; 57 FR 39616, Sept. 1, 1992; 58 FR 17778, Apr. 6, 1993; 60 FR 15875, Mar. 28, 1995; 60 FR 34168, June 30, 1995; 62 FR 35420, 35421, July, 1997; 62 FR 63657, Dec. 2, 1997; 62 FR 66822, Dec. 22, 1997]�

ⁿ¹ This category includes a person or organization that has obtained, from the author or from an entity that has obtained ownership of all rights under the copyright initially belonging to the author, the contractual right to claim legal title to the copyright in an application for copyright registration .

ⁿ² A sound recording does not include the sounds accompanying a motion picture or other audiovisual work (17 U.S.C. 101). For this purpose, �accompanying� does not require physical integration in the same copy. Accordingly, registration may be made for a motion picture or audiovisual kit in Class PA and that registration will cover the sounds embodied in the �sound track� of the motion picture or on disks, tapes, or the like included in the kit. Separate application in Class SR is not appropriate for these elements.

ⁿ³ This does not require that each of the works must have been first published during the same calendar year; it does require that, to be grouped in a single application, the earliest and latest contributions must not have been first published more than twelve months apart.�

ⁿ⁴ The basic application should be filed in the class appropriate to the nature of authorship in the majority of the contributions. � However, if any of the contributions consists preponderantly of non-dramatic literary material that is in the English language, the basic application for the entire group should be submitted on Form TX.

ⁿ⁵ An author includes an employer or other person for whom a work is �made for hire� under 17 U.S.C. 101. This paragraph does not permit an employee or other person working �for hire� under that section to make a later registration in his or her own name. In the case of authors of a joint work, this paragraph does permit a later registration by one author in his or her own name as copyright claimant, where an earlier registration identifies only another author as claimant.

ⁿ⁶ In the case of applications for group registration of newspapers, contributions to periodicals, and newsletters, under paragraphs (b)(6), (b)(7), and (b)(8) of this section, the deposits and fees shall comply with those specified in the respective paragraphs.

Continuation: 37 C.F.R.� 202.4   Effective date of registration.