Proposed Rule2022-01776
Remitter Payment Options and Deposit Account Requirements
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 4, 2022
Issuing agencies
Library of CongressCopyright Office, Library of Congress
Abstract
The U.S. Copyright Office is issuing a notice of proposed rulemaking regarding regulations related to remitter payments for Office services and requirements for maintaining a deposit account. Currently, payment options are addressed in various sections of Office regulations, and the method of payment accepted varies depending on the service provided. Additionally, payment methods currently referenced in the regulations may not necessarily reflect the types that the Office can accept or may choose to accept in the future. Amendments in this rulemaking are intended to consolidate regulatory provisions related to payment options and update regulations to articulate current Office practices. The Office also is proposing to simplify requirements for maintaining a deposit account and to clarify procedures related to noncompliant accounts. The Office invites public comments on this proposed rule.
Full Text
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<title>Federal Register, Volume 87 Issue 24 (Friday, February 4, 2022)</title>
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[Federal Register Volume 87, Number 24 (Friday, February 4, 2022)]
[Proposed Rules]
[Pages 6452-6456]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-01776]
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LIBRARY OF CONGRESS
Copyright Office
37 CFR Parts 201 and 202
[Docket No. 2022-1]
Remitter Payment Options and Deposit Account Requirements
AGENCY: U.S. Copyright Office, Library of Congress.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The U.S. Copyright Office is issuing a notice of proposed
rulemaking regarding regulations related to remitter payments for
Office services and requirements for maintaining a deposit account.
Currently, payment options are addressed in various sections of Office
regulations, and the method of payment accepted varies depending on the
service provided. Additionally, payment methods currently referenced in
the regulations may not necessarily reflect the types that the Office
can accept or may choose to accept in the future. Amendments in this
rulemaking are intended to consolidate regulatory provisions related to
payment options and update regulations to articulate current Office
practices. The Office also is proposing to simplify requirements for
maintaining a deposit account and to clarify procedures related to
noncompliant accounts. The Office invites public comments on this
proposed rule.
DATES: Written comments must be received no later than 11:59 p.m.
Eastern Time on March 7, 2022.
ADDRESSES: For reasons of governmental efficiency, the Copyright Office
is using the <a href="http://regulations.gov">regulations.gov</a> system for the submission and posting of
public comments in this proceeding. All comments are therefore to be
submitted electronically through <a href="http://regulations.gov">regulations.gov</a>. Specific instructions
for submitting comments are available on the Copyright Office website
at <a href="http://copyright.gov/rulemaking/remitterpaymentoptions">http://copyright.gov/rulemaking/remitterpaymentoptions</a>. If
electronic submission of comments is not feasible due to lack of access
to a computer and/or the internet, please contact the Office using the
contact information below for special instructions.
FOR FURTHER INFORMATION CONTACT: Megan Efthimiadis, Assistant to the
General Counsel, by email at <a href="/cdn-cgi/l/email-protection#fc91999a88bc9f938c858e959b9488d29b938a"><span class="__cf_email__" data-cfemail="335e56554773505c434a415a545b471d545c45">[email protected]</span></a> or telephone at (202)
707-8350.
SUPPLEMENTARY INFORMATION:
I. Background
A. Remitter Payments
The Copyright Act provides the Copyright Office with the authority
to collect fees for its services, such as registration of a copyright
claim and recordation of a transfer of copyright ownership.\1\ General
fee-setting authority is provided in 17 U.S.C. 708(a), which enumerates
ten services for which fees shall be required, along with providing
authority ``to fix fees for other services.'' \2\ Several sections of
the Copyright Act provide the Copyright Office with explicit authority
to collect fees for services not listed in section 708(a), such as
designating an agent to receive notifications of claimed infringement
\3\ and filing a notice of intent to enforce a restored copyright.\4\ A
number of other fees are set pursuant to the Copyright Office's general
regulatory authority, such as the fee for providing notice to libraries
and archives of normal commercial exploitation or availability of a
copyrighted work at a reasonable price under 17 U.S.C. 108(h)(2)(B).
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\1\ 17 U.S.C. 708(a).
\2\ Id.
\3\ 17 U.S.C. 512(c)(2).
\4\ Id. 104A(e)(1)(C).
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The majority of regulations addressing payment methods accepted by
the Copyright Office for the fees it charges appear in 37 CFR 201.6; a
number of other provisions address payment methods for specific
services. Some of the payment options vary depending on the service--
for example, the Office accepts payment by ``electronic funds transfer,
credit or debit card, or deposit account'' for online applications for
registration,\5\ while it accepts payment by ``money order, check, bank
draft, deposit account,'' and most major credit cards for registration
of foreign works restored under 17 U.S.C. 104A.\6\ Some services may be
paid for with cash (only in person); others may not.\7\ The different
payment methods across provisions can lead to confusion if not spelled
out in regulations.
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\5\ 37 CFR 202.3(b)(2)(i)(C).
\6\ Id. 202.12(c).
\7\ Compare 37 CFR 201.6 with id. 201.33(e), 201.39(g),
202.12(c).
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As part of broader modernization efforts, the Office is reviewing
its regulations and updating them where necessary to reflect current
and anticipated practices.\8\ The Office is undertaking this rulemaking
as part of those efforts, which the Office anticipates will result in
an integrated, unified IT system for its services, including payment
processing.
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\8\ A list of all recent rulemakings can be found on the
Copyright Office's website at <a href="https://www.copyright.gov/rulemaking/">https://www.copyright.gov/rulemaking/</a>.
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The Office issued a notification of inquiry (``NOI'') on
Registration Modernization on October 17, 2018,\9\ that invited public
comment on a number of issues concerning regulations and practices
related to the registration of copyright claims. Among the questions,
the Office asked whether it should eliminate ``payment options via
check or money order'' for copyright registration applications.\10\
This proposed rule, in part, reflects feedback that the Office received
from commenters regarding payment methods. As this notice of proposed
rulemaking does not address every issue raised in that notification of
inquiry or by commenters, the Office reserves judgment on any matters
not expressly discussed herein; no inference should be drawn from the
Office's silence on any particular point. The comments received in
response to the notification of inquiry that were not addressed by this
proposed rule will continue to be evaluated by the Office as system
development progresses.
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\9\ Registration Modernization, 83 FR 52336 (Oct. 17, 2018).
\10\ 83 FR at 52338.
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B. Deposit Accounts
The Copyright Office maintains a system of deposit accounts for
frequent users of Office services. An individual or entity may
establish a deposit account, make contributions to that account, and
charge copyright fees against the balance instead of sending
[[Page 6453]]
separate payments with applications and other requests for services.
This process has been valued by deposit account holders, who have found
it to be more efficient and less expensive than alternatives, and also
to facilitate good recordkeeping and accounting practices--for example,
by allowing companies to track and attribute specific payments to
specific projects and business units.
Although the Copyright Act does not require the Copyright Office to
offer and maintain deposit accounts,\11\ the Office has done so as a
convenience to high-volume users of its services since 1910.\12\ Under
current regulations, deposit account holders are required to engage in
a minimum of 12 transactions per year and maintain a minimum balance
(no less than $450) to hold a deposit account.\13\ In addition, the
regulations direct the Office to close a deposit account if it is
overdrawn twice within any 12-month period and offer deposit account
holders the option of automatic replenishment of their account via bank
account or credit card.\14\
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\11\ The Copyright Act does, however, authorize the Office to
``request the Secretary of the Treasury to invest in interest-
bearing securities in the United States Treasury any portion of the
fees that, as determined by the Register, is not required to meet
current Deposit Account demands.'' 17 U.S.C. 708(d)(2).
\12\ U.S. Copyright Office, Rules and Regulations for the
Registration of Claims to Copyright at 16 (1910).
\13\ 37 CFR 201.6(b).
\14\ Id.
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These existing administrative requirements were created through a
final rule that went into effect May 1, 2011.\15\ The rule arose from a
proceeding that the Copyright Office began on July 14, 2009, to solve
problems associated with the suspension of paper registration
applications for lack of deposit account funds.\16\ The Office had
initially proposed to eliminate the ability to pay for paper
applications using deposit accounts and to require deposit account
holders to file their applications electronically.\17\ After
considering public comments on the proposal, the Office ``was persuaded
that mandatory electronic application was not the most appropriate
solution to its problem of underfunded paper applications.'' \18\ The
Office explored other options for addressing this problem and
subsequently proposed the above account-maintenance requirements.\19\
Following favorable public comments, the Office promulgated the current
regulations.\20\
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\15\ Administration of Copyright Office Deposit Accounts, 76 FR
9229 (Feb. 17, 2011).
\16\ 76 FR at 9229.
\17\ Id. at 9230 (citing 74 FR 33930 (July 14, 2009)).
\18\ Id.
\19\ Id. (citing 75 FR 62345 (Oct. 8, 2010)).
\20\ Id.
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The Copyright Office more recently has been reviewing its deposit
account regulations as part of its broader modernization efforts.\21\
In May 2017, as part of those efforts, the Office sought comments on
recordation modernization and solicited public comments on ``whether or
not to continue allowing remitters to pay through deposit accounts . .
. including whether potential users of deposit accounts would be
willing to pay a surcharge for the development and maintenance of an
automated deposit account system.'' \22\ All respondents opposed the
elimination of deposit accounts.\23\
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\21\ For more information on the Office's modernization efforts
generally, see <a href="https://www.copyright.gov/copyright-modernization/">https://www.copyright.gov/copyright-modernization/</a>.
\22\ Modernizing Copyright Recordation, 82 FR 22771 (May 18,
2017).
\23\ See Ent. Software Ass'n Modernizing Copyright Recordation
Comments at 6-7; Software and Info. Ass'n of Am. Modernizing
Copyright Recordation Comments at 2; Motion Picture Ass'n of Am.
Modernizing Copyright Recordation Comments at 2-3; Author Services
Modernizing Copyright Recordation Comments at 2; Copyright All.
Modernizing Copyright Recordation Comments at 2; Am. Ass'n of Indep.
Music, Recording Indus. Ass'n of Am., & Nat'l Music Publishers'
Ass'n Modernizing Copyright Recordation Comments at 3-4; Intell.
Prop. Owners Ass'n Modernizing Copyright Recordation Comments at 2.
Comments are available at <a href="https://copyright.gov/rulemaking/recordation-modernization/">https://copyright.gov/rulemaking/recordation-modernization/</a>.
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In October 2018, the Copyright Office sought public comment on
issues related to modernization of the registration system.\24\
Although the October 17, 2018, NOI did not expressly mention deposit
accounts, it sought comment on whether the Office should eliminate
``payment options via check or money order.'' \25\ In answering that
question, several respondents reiterated support for deposit
accounts.\26\
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\24\ Registration Modernization, 83 FR 52336 (Oct. 17, 2018).
\25\ 83 FR at 52338.
\26\ See Am. Intell. Prop. Law Ass'n Registration Modernization
2018 NOI Comments at 2; Copyright All. Registration Modernization
2018 NOI Comments at 8; Int'l Trademark Ass'n Registration
Modernization 2018 NOI Comments at 3-4; Motion Picture Ass'n of Am.
Registration Modernization 2018 NOI Comments at 4; Nat'l Music
Publishers' Ass'n Registration Modernization 2018 NOI Comments at 6-
7; Shaftel & Schmeltzer Registration Modernization 2018 NOI Comments
at 4. Comments are available at <a href="https://copyright.gov/rulemaking/reg-modernization/">https://copyright.gov/rulemaking/reg-modernization/</a>.
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Through its review, the Office has identified several areas where
the current regulations could be improved. As a threshold matter, the
Office recognizes that many stakeholders benefit from the ability to
maintain deposit accounts, and the Office continues to support their
availability.\27\ The intent of this proceeding is to ensure that the
Office is able to continue to provide deposit accounts in an efficient
and cost-effective manner that aligns with user expectations, the
overall operations of the Office, and the broader goals of the
copyright system.
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\27\ See Administration of Copyright Office Deposit Accounts, 76
FR 9229, 9231 (Feb. 17, 2011) (``[T]he Copyright Office acknowledged
in its October 8, 2010 notice that Deposit Accounts remain a useful
and efficient option for copyright owners who frequently use its
services, including, but not limited to, registration, and announced
that it will continue to offer Deposit Accounts for the foreseeable
future, reserving its prerogative to revisit the question of their
utility and cost to the Office at a later time.'').
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First, although the regulations prescribe minimum transaction and
balance requirements, they do not prescribe any procedure for
addressing noncompliant deposit accounts. The Copyright Office has
periodically reviewed existing deposit accounts for noncompliance and
has an internal procedure for closing noncompliant deposit accounts.
The process is designed to provide clear notice to noncompliant deposit
account holders and an opportunity to cure within a reasonable time
period. Communicating a process through regulations would increase
transparency, clarity, and certainty.
Second, the establishment and maintenance of deposit accounts
create costs to the Copyright Office above other payment methods. These
costs include staff time to establish, maintain, and reconcile accounts
and invest excess balances, as well as developing and sustaining
internal controls necessary to manage unused deposit account balances
(which the Office must hold as a fiduciary for deposit account holders
until they use the funds or the Office refunds them).
The Copyright Office previously proposed establishing fees in
connection with the creation and maintenance of deposit accounts,\28\
though it ultimately decided against doing so. In 1994, the Office,
after noting that ``the Copyright Office deposit account system
involves substantial benefits to the depositors and substantial costs
to the Copyright Office,'' proposed a fee of $50 to open a deposit
account and an annual maintenance fee of $50 (the average cost of
providing the service at the time).\29\ Along with the fees, the Office
proposed eliminating the minimum 12
[[Page 6454]]
transactions per year requirement.\30\ The Office subsequently
abandoned implementing any fees following public comment.\31\ The
Office maintained that position again in 1998, as part of a general fee
rulemaking, explaining that ``the use of deposit accounts is beneficial
both to the holder and the Office.'' \32\
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\28\ Fees, 59 FR 38369, 38371 (July 28, 1994).
\29\ 59 FR at 38400.
\30\ Id. at 38401.
\31\ Fees, 63 FR 15802, 15803 (Apr. 1, 1998) (noting that, based
on the comments received in response to the fees proposed in 1994,
see 59 FR at 38400, ``the Office decided not to move forward with
any charges'' for maintaining deposit accounts).
\32\ 63 FR at 15803.
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Third, the current deposit account regulations allow for automatic
replenishment of funds and state that a deposit account that was closed
due to a second overdraft within a 12-month period ``can be re-opened
only if the holder elects to fund it through automatic replenishment.''
\33\ But the Copyright Office does not have the practical ability to
accept automatic replenishment, either as a convenience for
replenishment or as a means for re-opening a closed account, via the
most-commonly used payment methods. <a href="http://Pay.gov">Pay.gov</a>--a U.S. Treasury Department
system for secure processing of payments to federal government agencies
that the Office uses to administer payment for electronic services--
currently only allows automatic payments via ACH; it does not permit
automatic payments to be made by other payment methods, such as credit
cards. Accordingly, the regulations need to be revised to reflect
current Office capabilities.
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\33\ 37 CFR 201.6(b)(2).
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II. Proposed Rule
Having carefully considered the above issues, including relevant
public comments in prior proceedings, the Copyright Office now issues a
proposed rule amending its regulations regarding remitter payments and
deposit accounts and invites further public comment on any aspects of
the amended rules.
A. Remitter Payments
The Copyright Office proposes amending its regulations governing
remitter payments as follows. First, the Office proposes to consolidate
all regulations related to the types of payment methods it will accept
for services into a single set of provisions. This will ensure accuracy
and consistency in payment methods across the Office's services,
particularly as the Office moves to an integrated enterprise IT
system.\34\ The rule enumerates the payment methods accepted for three
different avenues: Electronic payments, mailed payments, and payments
provided in person at the Office's Public Information Office.
Electronic payments must be made through <a href="http://Pay.gov">Pay.gov</a>, which accepts most
common types of electronic payment methods. For mailed payments, the
Office will only accept checks or money orders. The Office will accept
checks, money orders, credit card, debit card, and currency for
services requested in person, along with electronic payments made via
<a href="http://Pay.gov">Pay.gov</a> if done by appointment at the Public Information Office kiosk.
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\34\ Library of Congress & U.S. Copyright Office, Modified U.S.
Copyright Office Provisional IT Modernization Plan at 7 (Sept. 1,
2017), <a href="http://www.copyright.gov/reports/itplan/modifiedmodernization-plan.pdf">http://www.copyright.gov/reports/itplan/modifiedmodernization-plan.pdf</a>.
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Although cash transactions are the costliest transactions to
process, the Copyright Office notes that, prior to the pandemic-related
suspension of in-person services,\35\ the Public Information Office
received a not insignificant volume of cash payments,\36\ and that
eliminating the acceptance of cash might limit access to Office
services for some individuals. The Office will continue to explore ways
to ensure the widest accessibility of its services while exercising
fiscal responsibility, including the possibility of adding a surcharge
to cash payments to offset their processing costs and incentivizing
payment through less expensive methods.\37\
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\35\ See Operations Updates During the COVID-19 Pandemic, U.S.
Copyright Office, <a href="https://www.copyright.gov/coronavirus/">https://www.copyright.gov/coronavirus/</a>.
\36\ These amounts were $9,154.66 in 2018 and $6,498.30 in 2019.
\37\ The Office already has a model for this: Fees for
registration applications submitted via paper are higher than the
fees for electronic applications. See 37 CFR 201.3.
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B. Deposit Accounts
The Copyright Office proposes simplifying requirements to maintain
a deposit account and identifying in regulations the deposit account
closure procedures. First, the Office proposes that a deposit account
holder no longer be required to engage in a minimum number of
transactions per year. The Office proposes to eliminate this
requirement for several reasons. For one, as noted above, the rationale
that led to the creation of the minimum-transactions requirement--that
without a minimum-transaction requirement deposit account holders would
neglect account balances and leave ``insufficient funds to process a
paper application'' \38\--has lessened. The percentage of service
requests the Office receives by paper, as opposed to electronically,
has declined significantly since the requirement was created and is
expected to continue to drop; \39\ a lower proportion of paper
applications reduces the likelihood of deposit account holders
overdrawing because the Office's electronic system will not process a
request if a deposit account lacks sufficient funds. Additionally, the
imposition of a service charge for a deposit account that falls below
the minimum balance, as discussed below, will create additional
incentives for deposit account holders to maintain sufficient funds for
service requests. Finally, the costs associated with monitoring
transaction numbers outweigh any benefit the minimum-transaction
requirement provides in reducing overdrafts. For deposit account
holders, the elimination of the minimum-transaction requirement should
ease their own regulatory burdens.
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\38\ 76 FR at 9229.
\39\ In the fourth quarter of FY2011, paper registration
applications amounted to about 16% of all applications. See Annual
Report of the Register of Copyrights, Fiscal Year Ending September
30, 2011, at 22. Currently, they amount to less than 1% of all
applications. See Registration Processing Times, U.S. Copyright
Office, <a href="https://www.copyright.gov/registration/docs/processing-times-faqs.pdf">https://www.copyright.gov/registration/docs/processing-times-faqs.pdf</a> (last visited Jan. 4, 2022).
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Second, the Copyright Office proposes imposing a service charge of
$25 for each month a deposit account balance is below $450.\40\ As
pointed out above, this will incentivize deposit account holders to
maintain sufficient funds in deposit accounts to avoid overdrafts. The
Office notes that the U.S. Patent and Trademark Office currently
imposes a similar service charge in connection with its deposit
accounts.\41\ The Copyright Office will not assess the service charge
until the last day of the first full calendar month in which the
account balance remains below the minimum balance in order to provide
deposit account holders with sufficient opportunity to replenish the
account before incurring the charge, and an account with less than $25
at the end of a month will be inactivated by the Office rather than
incur the service charge.
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\40\ Deposit Account balances will be reviewed and recorded at
the end of the final day of each month.
\41\ See 37 CFR 2.6(b)(11); see also Deposit Account Rules and
Information, U.S. Patent and Trademark Office, <a href="https://www.uspto.gov/learning-and-resources/fees-and-payment/deposit-account-rules-and-information">https://www.uspto.gov/learning-and-resources/fees-and-payment/deposit-account-rules-and-information</a> (last visited Jan. 4, 2022).
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Third, the proposed rules provide for the inactivation of accounts
in two circumstances. One is when an account has had no activity for 24
months. Though the Office proposes to eliminate the minimum-
transactions requirement, providing for inactivation when an account
goes unused for such a prolonged period will reduce the costs
[[Page 6455]]
associated with maintaining unused accounts. The other circumstance is
after several unsuccessful attempts to contact the deposit account
holder. Undeliverable accounts create burdens for the Copyright Office,
and these procedures will alleviate them.
Fourth, the rules spell out the Copyright Office's procedures for
closing noncompliant deposit accounts, including the circumstances for
closure and the process for returning any remaining funds to the
deposit account holder. Currently, the Office's closure procedures are
not explicitly set out in regulations. Adding them will provide
additional transparency, clarity, and certainty regarding Office
deposit account policies.
Finally, the Copyright Office is eliminating references to
automatic replenishment of deposit accounts. At this time, <a href="http://Pay.gov">Pay.gov</a>
lacks the ability to provide such automatic replenishment.
List of Subjects
37 CFR Part 201
Copyright, General provisions.
37 CFR Part 202
Preregistration and registration of claims to copyright.
For reasons stated in the preamble, the Copyright Office proposes
to amend 37 CFR parts 201 and 202 as follows:
PART 201--GENERAL PROVISIONS
0
1. The authority citation for part 201 continues to read as follows:
Authority: 17 U.S.C. 702.
0
2. Amend Sec. 201.3 by redesignating paragraphs (d)(2) through (17) as
paragraphs (d)(3) through (18), respectively, and adding new paragraph
(d)(2).
The addition reads as follows:
Sec. 201.3 Fees for registration, recordation, and related services,
special services, and services performed by the Licensing Division.
* * * * *
(d) * * *
------------------------------------------------------------------------
Fees
Registration, recordation and related services ($)
------------------------------------------------------------------------
* * * * * * *
(2) Service charge for each month when the deposit account 25
balance at the end of the month is below $450.................
* * * * * * *
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0
3. Amend Sec. 201.6 by revising paragraphs (a) and (b) to read as
follows:
Sec. 201.6 Payment and refund of Copyright Office fees.
(a) In general. (1) Electronic payments. All fees for online
applications and services must be paid by electronic payment through
<a href="http://Pay.gov">Pay.gov</a>.
(2) Mailed payments. All fees mailed to the Copyright Office should
be in the form of a money order or check payable to the U.S. Copyright
Office. Currency will not be accepted; any payment received in currency
will be refunded via check, and the registration or other service
request will not be processed. Where the statutory fee is submitted in
the form of a check, the registration of the copyright claim or other
record made by the Office is provisional until payment in money is
received. In the event the fee is not paid, the registration or other
record shall be expunged.
(3) In-person payments. All fees for services rendered in person at
the Copyright Office Public Information Office must be paid by cash,
money order, check, or credit or debit card.
(4) Foreign remittances. Foreign remittances must be redeemable
without service or exchange fees through a United States institution,
must be payable in United States dollars, and must be imprinted with
American Banking Association routing numbers. Postal money orders that
are negotiable only at a post office are not acceptable. International
checks and money orders must be drawn from a United States bank and
payable in United States dollars for the full amount of the fee
required. Uncertified checks are accepted subject to collection.
(5) Other. In addition to the payment options in paragraphs (a)(1)
through (3) of this section, payment for any application or service can
be made using a Copyright Office deposit account.
(b) Deposit accounts. (1) Establishment. Persons or firms may
prepay copyright expenses by establishing a deposit account.
(2) Service charge. The service charge prescribed at Sec.
201.3(d)(2) is assessed at the end of the first full calendar month
after a deposit account balance falls below the minimum balance
requirement.
(3) Contact information. (i) Deposit account holders are
responsible for keeping contact information with the Copyright Office
current.
(ii) If the Copyright Office is unable to correspond with the
deposit account holder (e.g., due to returned/undeliverable postal or
email), the Office will deem the deposit account undeliverable.
(iii) Undeliverable deposit accounts will continue to be charged
the fee prescribed at Sec. 201.3(d)(2) at the end of each month if the
account balance remains below $450 throughout that period.
(4) Inactivation. (i) The Copyright Office will inactivate a
deposit account if there has been no activity in the account for 24
months.
(ii) The Copyright Office will inactivate a deposit account if the
deposit account holder overdraws his or her account.
(iii) The Copyright Office will inactivate a deposit account that
has insufficient funds at the end of the month to pay the service
charge for maintaining a deposit account with an account balance below
$450.
(5) Closure. (i) An inactive deposit account will be closed no
sooner than 30 days from the date of inactivation if insufficient funds
to pay the service charge remain in the deposit account or if the
service charge for maintaining a deposit account with an account
balance below $450 at the end of the month has not been paid.
(ii) The Copyright Office may permanently close a deposit account
if the deposit account holder overdraws his or her account twice in any
calendar year.
(iii) An undeliverable deposit account will be closed after the
Copyright Office has made at least three unsuccessful attempts,
including at least one attempt by phone if a deposit account holder
provided a telephone number, to correspond with the deposit account
holder. Attempts at corresponding with the deposit account holder may
be considered unsuccessful if the postal or email correspondence is
returned as undeliverable.
(iv) Any funds remaining in a closed deposit account will be
applied to any pending or processed service request(s) for which
payment is due. If there are
[[Page 6456]]
insufficient funds to cover the total of all fees due for any service,
the service request(s) will not be processed.
(v) Any balance remaining in a closed deposit account will be
refunded to the account holder in accordance with Copyright Office
policies. Unredeemed refunds will be handled in accordance with Library
of Congress and U.S. Treasury rules and policies.
(vi) The Copyright Office may refer any overdraft in a closed
deposit account for collections.
(6) Further information. For information on deposit accounts, see
Circular 5 on the Copyright Office's website, or request a copy at the
address specified in Sec. 201.1(b).
* * * * *
0
5. Amend Sec. 201.33 by revising paragraph (e) to read as follows:
Sec. 201.33 Procedures for filing Notices of Intent to Enforce a
restored copyright under the Uruguay Round Agreements Act.
* * * * *
(e) Fee. The filing fee for recording Notices of Intent to Enforce
is prescribed in Sec. 201.3(c).
* * * * *
Sec. 201.39 [Amended]
0
6. Remove Sec. 201.39(g)(3).
PART 202--PREREGISTRATION AND REGISTRATION OF CLAIMS TO COPYRIGHT
0
7. The authority citation for part 202 continues to read as follows:
Authority: 17 U.S.C. 408(f), 702.
Sec. 202.3 [Amended]
0
8. Amend Sec. 202.3 by removing (b)(2)(i)(C) and redesignating
paragraph (b)(2)(i)(D) as (b)(2)(i)(C).
0
9. Amend Sec. 202.12 by revising paragraph (c)(2) to read as follows:
Sec. 202.12 Restored copyrights.
* * * * *
(c) * * *
(2) Fee. The filing fee for registering a copyright claim in a
restored work is prescribed in Sec. 201.3(c) of this chapter.
* * * * *
0
10. Amend Sec. 202.16 by revising paragraph (c)(5) to read as follows:
Sec. 202.16 Preregistration of copyrights.
* * * * *
(c) * * *
(5) Fee. The filing fee for preregistration is prescribed in Sec.
201.3(c).
* * * * *
0
11. Amend Sec. 202.23 by revising paragraph (e)(2) to read as follows:
Sec. 202.23 Full term retention of copyright deposits.
* * * * *
(e) * * *
(2) Payment in the amount prescribed in Sec. 201.3(d) of this
chapter payable to the U.S. Copyright Office, must be received in the
Copyright Office within 60 calendar days from the date of mailing of
the Copyright Office's notification to the requestor that full-term
retention has been granted for a particular copyright deposit.
* * * * *
Dated: January 24, 2022.
Kimberley Isbell,
Acting General Counsel and Associate Register of Copyrights.
[FR Doc. 2022-01776 Filed 2-3-22; 8:45 am]
BILLING CODE 1410-30-P
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