Complete Home & Office Legal Guide/Complete Home and Office Legal Guide (Chestnut) (1993).ISO/stat/fed/17ch7.asc

Text File | 1993-08-26 | 13.9 KB | 295 lines

/*  This section of the copyright code provides the duites for
the copyright Office. Of interest to everyone should be Section
705 on "public access" to information in the copyright office. */

CHAPTER 7.  COPYRIGHT OFFICE

Section
701. The Copyright Office:  General responsibilities and
organization
702. Copyright Office regulations
703. Effective date of actions in Copyright Office
704. Retention and disposition of articles deposited in Copyright Office
705. Copyright Office records:  Preparation, maintenance, public
inspection, and searching
706. Copies of Copyright Office records
707. Copyright Office forms and publications
708. Copyright Office fees
709. Delay in delivery caused by disruption of postal or other
services
710. Reproduction for use of the blind and physically handicapped
Voluntary licensing forms and procedures

_______________

S 701. The Copyright Office:  General responsibilities and organization

(a)  All administrative functions and duties under this title [17
USC SS 101 et seq.], except as otherwise specified, are the
responsibility of the Register of Copyrights as director of the
Copyright Office of the Library of Congress.  The Register of
Copyrights, together with the subordinate officers and employees
of the Copyright Office, shall be appointed by the Librarian of
Congress, and shall act under the Librarian's general direction
and supervision.

(b) The Register of Copyrights shall adopt a seal to be used on
and after January 1, 1978, to authenticate all certified docu-
ments issued by the Copyright Office.

(c) The Register of Copyrights shall make an annual report to the
Librarian of Congress of the work and accomplishments of the
Copyright Office during the previous fiscal year.  The annual
report of the Register of Copyrights shall be published
separately and as a part of the annual report of the Librarian of
Congress.

(d) Except as provided by section 706(b) [17 USC S 706(b)] and
the regulations issued thereunder, all actions taken by the
Register of Copyrights under this title [17 USC SS 101 et seq.]
are subject to the provisions of the Administrative Procedure Act
of June 11, 1946, as amended (c. 324, 60 Stat.  237, Title 5,
United States Code, Chapter 5, Subchapter II and Chapter 7) è

(e) The Register of Copyrights shall be compensated at the rate
of pay in effect for level IV of the Executive Schedule under
section 5315 of title 5. The Librarian of Congress shall
establish not more than four positions for Associates Registers
of Copyrights, in accordance with the recommendations of the
Register of Copyrights. The Librarian shall make apppointments to
such positions after consultation with the Register of
Copyrights. Each Assocaites Register of Copyrights shall be paid
at a rate not to exceed  the maximum annual rate of basic pay
payable for GS-18 of the General Schedule under section 5332 of
title 5.

S 702.  Copyright Office regulations

The Register of Copyrights is authorized to establish regulations
not inconsistent with law for the administration of the functions
and duties made the responsibility of the Register under this
title [17 USC SS 101 et seq.].  All regulations established by
the Register under this title [17 USC SS 101 et seq.] are sub-
ject to the approval of the Librarian of Congress.

S 703.  Effective date of actions in Copyright Office

In any case in which time limits are prescribed under this title
[17 USC SS 101 et seq.] for the performance of an action in the
Copyright Office, and in which the last day of the prescribed
period falls on a Saturday, Sunday, holiday, or other nonbusiness
day within the District of Columbia or the Federal Government,
the action may be taken on the next succeeding business day, and
is effective as of the date when the period expired.

S 704.  Retention and disposition of articles deposited in
Copyright Office

(a) Upon their deposit in the Copyright Office under sections 407
and 408 [17 USC SS 407 and 408], all copies, phonorecords, and
identifying material, including those deposited in connection
with claims that have been refused registration, are the property
of the United States Government.

(b) In the case of published works, all copies, phonorecords, and
identifying material deposited are available to the Library of
Congress for its collections, or for exchange or transfer to any
other library.  In the case of unpublished works, the Library is
entitled, under regulations that the Register of Copyrights shall
prescribe, to select any deposits for its collections or for
transfer to the National Archives of the United States or to a
Federal records center, as defined in section 2901 of title 44
[44 USC S 2901].

(c) The Register of Copyrights is authorized, for specific or
general categories of works, to make a facsimile reproduction of
all or any part of the material deposited under section 408 [17
USC S 408], and to make such reproduction a part of the Copyright
Office records of the registration, before transferring such
material to the Library of Congress as provided by subsection
(b), or before destroying or otherwise disposing of such material
as provided by subsection (d).

(d) Deposits not selected by the Library under subsection (b), or
identifying portions or reproductions of them, shall be retained
under the control of the Copyright Office, including retention in
Government storage facilities, for the longest period considered
practicable and desirable by the Register of Copyrights and the
Librarian of Congress.  After that period it is within the joint
discretion of the Register and the Librarian to order their
destruction or other disposition; but, in the case of unpublished
works, no deposit shall be knowingly or intentionally destroyed
or otherwise disposed of during its term of copyright unless a
facsimile reproduction of the entire deposit has been made a part
of the Copyright Office records as provided by subsection (c).

(e) The depositor of copies, phonorecords, or identifying
material under section 408 [17 USC S 408], or the copyright owner
of record, may request retention, under the control of the
Copyright Office, of one or more of such articles for the full
term of copyright in the work.  The Register of Copyrights shall
prescribe, by regulation, the conditions under which such
requests are to be made and granted, and shall fix the fee to be
charged under section 708(a)(11) [17 USC S 708(a)(11)] if the
request is granted.

S 705.  Copyright Office records:  Preparation, maintenance,
public inspection, and searching

(a) The Register of Copyrights shall provide and keep in the
Copyright Office records of all deposits, registrations,
recordations, and other actions taken under this title [17 USC SS
101 et seq.], and shall prepare indexes of all such records.

(b) Such records and indexes, as well as the articles deposited
in connection with completed copyright registrations and retained
under the control of the Copyright Office, shall be open to
public inspection.

(c) Upon request and payment of the fee specified by section 708
[17 USC S 708], the Copyright Office shall make a search of its
public records, indexes, and deposits, and shall furnish a report
of the information they disclose with respect to any particular
deposits, registrations, or recorded documents.

S 706.  Copies of Copyright Office records

(a) Copies may be made of any public records or indexes of the
Copyright Office; additional certificates of copyright
registration and copies of any public records or indexes may be
furnished upon request and payment of the fees specified by
section 708 [17 USC S 708].

(b) Copies or reproductions of deposited articles retained under
the control of the Copyright Office shall be authorized or
furnished only under the conditions specified by the Copyright
Office regulations.

S 707.  Copyright Office forms and publications

(a) Catalog of copyright entries.  The Register of Copyrights
shall compile and publish at periodic intervals catalogs of all
copyright registrations.  These catalogs shall be divided into
parts in accordance with the various classes of works, and the
Register has discretion to determine, on the basis of practica-
bility and usefulness, the form and frequency of publication of
each particular part.

(b) Other publications.  The Register shall furnish, free of
charge upon request, application forms for copyright registration
and general information material in connection with the functions
the Copyright Office.  The Register also has the authority to
publish compilations of information, bibliographies, and other
material he or she considers to be of value to the public.

(c) Distribution of publications.  All publications of the
Copyright Office shall be furnished to depository libraries as
specified under section 1905 of title 44 [44 USC S 1905], and,
aside from those furnished free of charge, shall be offered for
sale to the public at prices based on the cost of reproduction
and distribution.

S 708.  Copyright Office fees

(a) The following fees shall be paid to the Register of Copy-
rights:

(1) for the registration of a copyright claim or a supplementary
registration under section 408 [17 USC S 408], including the
issuance of a certificate of registration, $20;

(2) for the registration of a claim to renewal of a subsisting
copyright in its first term under section 304(a) [17 USC S
304(a)], including the issuance of a certificate of registration,
$6;

(3) for the issuance of a receipt for a deposit under section 407
[17 USC S 407], $2;

(4) for the recordation, as provided by section 205 [17 USC S
205], of a transfer of copyright ownership, or other document of
six pages or less, covering no more than one title $10; for each
page over six and each title over one, 50 cents additional;

(5) for the filing, under section 115(b) [17 USC S 115(b)], of a
notice of intention to make phonorecords, $6;

(6) for the recordation, under section 302(c) [17 USC S 302(c)],
of a statement revealing the identity of an author of an
anonymous or pseudonymous work, or for the recordation, under
section 302(d) [17 USC S 302(d)], of a statement relating to the
death of an author, $10 for a document of six pages or less,
covering no more than one title, for each page over six and for
each title over one, $1 additional;

(7) for the issuance, under section 601 [17 USC S 601], of an
import statement, $3;

(8) for the issuance, under section 706 [17 USC S 706], of an
additional certificate of registration, $4;

(9) for the issuance of any other certification, $4; the Register
of Copyrights has discretion, on the basis of their, to fix the
fees for preparing copies of Copyright Office records, whether
they are to be certified or not;

(10) for the making and reporting of a search as provided by
section 705 [17 USC S 705], and for any related services, $10 for
each hour or fraction of an hour consumed;

(11) for any other special services requiring a substantial
amount of time or expense, such fees as the Register of
Copyrights may fix on the basis of the cost of providing the
service.

(b) The fees prescribed by or under this section are applicable
to the United States Government and any of its agencies,
employees, or officers, but the Register of Copyrights has
discretion to waive the requirement of this subsection in
occasional or isolated cases involving relatively small amounts.

(c) All fees received under this section shall be deposited by
the Register of Copyrights in the Treasury of the United States
and shall be credited to the appropriation for necessary expenses
of the Copyright Office.  The Register may, in accordance with
regulations that he or she shall prescribe, refund any sum paid
by mistake or in excess of the fee required by this section;
however, before making a refund in any case involving a refusal
to register a claim under section 410(b) [17 USC S 401(b)], the
Register may deduct all or any part of the prescribed
registration fee to cover the reasonable administrative costs of
processing the claim.

S 709.  Delay in delivery caused by disruption of postal or other
services

In any case in which the Register of Copyrights determines, on
the basis of such evidence as the Register may by regulation
require, that a deposit, application, fee, or any other material
to be delivered to the Copyright Office by a particular date,
would have been received in the Copyright Office in due time
except for a general disruption or suspension of postal or other
transportation or communications services, the actual receipt of
such material in the Copyright Office within one month after the
date on which the Register determines that the disruption or
suspension of such services has terminated, shall be considered
timely.

S 710.  Reproduction for use of the blind and physically
handicapped:  Voluntary licensing forms and procedures

The Register of Copyrights shall, after consultation with the
Chief of the Division for the Blind and Physically Handicapped
and other appropriate officials of the Library of Congress,
establish by regulation standardized forms and procedures by
which, at the time applications covering certain specified
categories of nondramatic literary works are submitted for
registration under section 408 of this title [17 USC S 408], the
copyright owner may voluntarily grant to the Library of Congress
a license to reproduce the copyrighted work by means of Braille
or similar tactile symbols, or by fixation of a reading of the
work in a phonorecord, or both, and to distribute the resulting
copies or phonorecords solely for the use of the blind and
physically handicapped and under limited conditions to be
specified in the standardized forms.