U.S.A. Copyright Law, Library of Congress. Copyright Office [reading diary TXT] 📗
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the Librarian of Congress, and shall act under the Librarian's general
direction and supervision.
(b) In addition to the functions and duties set out elsewhere in this
chapter, the Register of Copyrights shall perform the following
functions:
(1) Advise Congress on national and international issues relating to
copyright, other matters arising under this title, and related matters.
(2) Provide information and assistance to Federal departments and
agencies and the Judiciary on national and international issues relating
to copyright, other matters arising under this title, and related
matters.
(3) Participate in meetings of international intergovernmental
organizations and meetings with foreign government officials relating to
copyright, other matters arising under this title, and related matters,
including as a member of United States delegations as authorized by the
appropriate Executive branch authority.
(4) Conduct studies and programs regarding copyright, other matters
arising under this title, and related matters, the administration of the
Copyright Office, or any function vested in the Copyright Office by law,
including educational programs conducted cooperatively with foreign
intellectual property offices and international intergovernmental
organizations.
(5) Perform such other functions as Congress may direct, or as may be
appropriate in furtherance of the functions and duties specifically set
forth in this title.
(c) The Register of Copyrights shall adopt a seal to be used on and
after January 1, 1978, to authenticate all certified documents issued by
the Copyright Office.
(d) 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.
(e) Except as provided by section 706(b) and the regulations issued
thereunder, all actions taken by the Register of Copyrights under this
title 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).
(f) The Register of Copyrights shall be compensated at the rate of pay
in effect for level III of the Executive Schedule under section 5314 of
title 5.3 The Librarian of Congress shall establish not more than four
positions for Associate Registers of Copyrights, in accordance with the
recommendations of the Register of Copyrights. The Librarian shall make
appointments to such positions after consultation with the Register of
Copyrights. Each Associate 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.
Section 702. Copyright Office regulations [4]
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. All
regulations established by the Register under this title are subject to
the approval of the Librarian of Congress.
Section 703. Effective date of actions in Copyright Office
In any case in which time limits are prescribed under this title 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.
Section 704. Retention and disposition of articles deposited in Copyright
Office
(a) Upon their deposit in the Copyright Office under sections 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.
(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, 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, 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)(10) if the request is granted.
Section 705. Copyright Office records: Preparation, maintenance, public
inspection, and searching [5]
(a) The Register of Copyrights shall ensure that records of deposits,
registrations, recordations, and other actions taken under this title
are maintained, and that indexes of such records are prepared.
(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, 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.
Section 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.
(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.
Section 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 practicability 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
informational material in connection with the functions of 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, 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.
Section 708. Copyright Office fees [6]
(a) Fees. Fees shall be paid to the Register of Copyrights-
(1) on filing each application under section 408 for registration of a
copyright claim or for a supplementary registration, including the
issuance of a certificate of registration if registration is made;
(2) on filing each application for registration of a claim for renewal
of a subsisting copyright under section 304(a), including the issuance
of a certificate of registration if registration is made;
(3) for the issuance of a receipt for a deposit under section 407;
(4) for the recordation, as provided by section 205, of a transfer of
copyright ownership or other document;
(5) for the filing, under section 115(b), of a notice of intention to
obtain a compulsory license;
(6) for the recordation, under section 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), of a statement relating to the
death of an author;
(7) for the issuance, under section 706, of an additional certificate of
registration;
(8) for the issuance of any other certification; and
(9) for the making and reporting of a search as provided by section 705,
and for any related services.
The Register of Copyrights is authorized to fix fees for other services,
including the cost of preparing copies of Copyright Office records,
whether or not such copies are certified, based on the cost of providing
the service.
(b) Adjustment of Fees. The Register of Copyrights may, by regulation,
adjust the fees for the services specified in paragraphs (1) through (9)
of subsection (a) in the following manner: [7]
(1) The Register shall conduct a study of the costs incurred by the
Copyright Office for the registration of claims, the recordation of
documents, and the provision of services. The study shall also consider
the timing of any adjustment in fees and the authority to use such fees
consistent with the budget.
(2) The Register may, on the basis of the study under paragraph (1), and
subject to paragraph (5), adjust fees to not more than that necessary to
cover the reasonable costs incurred by the Copyright Office for the
services described in paragraph (1), plus a reasonable inflation
adjustment to account for any estimated increase in costs.
(3) Any fee established under paragraph (2) shall be rounded off to the
nearest dollar, or for a fee less than $12, rounded off to the nearest
50 cents.
(4) Fees established under this subsection shall be fair and equitable
and give due consideration to the objectives of the copyright system.
(5) If the Register determines under paragraph (2) that fees should be
adjusted, the Register shall prepare a proposed fee schedule and submit
the schedule with the accompanying economic analysis to the Congress.
The fees proposed by the Register may be instituted after the end of 120
days after the schedule is submitted to the Congress unless, within that
120-day period, a law is enacted stating in substance that the Congress
does not approve the schedule.
(c) 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.
(d) (1) Except as provided in paragraph (2), 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
appropriations for necessary expenses of the Copyright Office. Such fees
that are collected shall remain available until expended. The Register
may, in accordance with regulations that he or she shall prescribe,
refund any sum paid by mistake or
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