U.S.A. Copyright Law by Library of Congress. Copyright Office (motivational books for women TXT) 📖

Office, shall be appointed by

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