[Federal Register: October 6, 1999 (Volume 64, Number 193)]
[Notices]
[Page 54361-54364]
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LIBRARY OF CONGRESS
Copyright Office
[Docket No. RM 98-9A]
Privacy Act of 1974: Current Systems of Records
AGENCY: Copyright Office, Library of Congress.
ACTION: Amendments.
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SUMMARY: This document makes corrections to the Copyright Office's
Notice of Current Systems of Records published in the Federal Register
on Monday, September 28, 1998, as well as adding four new systems of
records maintained by the Copyright Office related to appeals of Office
decisions and notices filed with the Office. The entire current list of
systems of records is available on the Copyright Office's website.
DATES: Comments are due on or before November 5, 1999. The changes made
are effective November 22, 1999, unless the Copyright Office publishes
notice to the contrary.
FOR FURTHER INFORMATION CONTACT: Marilyn J. Kretsinger, Assistant
General Counsel, or Patricia L. Sinn, Senior Attorney. Telephone: (202)
707-8380. Fax: (202) 707-8366.
ADDRESSES: Interested persons should submit ten (10) copies of their
written comments, if BY MAIL, to: Marilyn J. Kretsinger, Assistant
General Counsel, Copyright GC/I&R, PO Box 70400, Southwest Station,
Washington, DC 20024. If delivered BY HAND, ten (10) copies should be
brought to: Office of the General Counsel, James Madison Memorial
Building, Room LM-403, 101 Independence Avenue, SE, Washington, DC
20540.
[[Page 54362]]
SUPPLEMENTARY INFORMATION: On September 28, 1998, the Copyright Office
published its most recent system of records as required by the Privacy
Act of 1974 (5 U.S.C. 552 a(e)(4)). It noted that the list would be
effective November 1, 1998, unless the Office published notice to the
contrary. The Office received no comments about the notice from the
public and the list went into effect. The Office is, however, now
amending information contained in the list as last published concerning
records maintained on the agreements between the Library of Congress
and copyright owners of motion pictures and is also amending the
notification procedures for several systems in order to establish the
same procedure for accessing all systems. During the last year, the
Office has also developed four additional systems of records that are
now being added to the overall list.
Categories being added to the list include appeals of the Office's
refusal to register a claim submitted by a copyright claimant; records
concerning an online service provider's designation of an agent;
records related to initial notices of digital transmissions of sound
recordings; and records of notice of designation as a collective. These
additional systems will become effective 45 days after publication of
this document in the Federal Register unless the Office publishes
notice to the contrary within 30 days after publication. The Office
also notes that in the future it will only publish specific amendments,
deletions, or additions to the list of current systems of records in
the Federal Register, but it will maintain online the entire current
system of records and make this list available to any member of the
public who requests it.
I. Revisions to Systems of Records
A. Table of Contents
1. Amend the Table of Contents as follows: Redesignate ``CO-28--
Litigation Statement Authorization File'' as ``CO-31--Litigation
Statement Authorization File'' and add three additional systems of
records to read as follows: ``CO-28--Initial Notice of Digital
Transmission of Sound Recordings Under Statutory License''; ``CO-29--
Notice of Designation as Collective Under Statutory License Notices'';
and ``CO-30--Online Service Provider Designation of Agents File'';
after the new CO-31, add ``CO-32--Copyright Office Appeal Decisions''.
B. Systems of Records
2. Amend ``CO-5'' to read as follows:
CO-5
* * * * *
SYSTEM LOCATION:
Motion Picture, Broadcasting, and Recorded Sound Division, Library
of Congress, Washington, DC 20559-6000.
* * * * *
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
The Library of Congress uses these records to determine if it has a
Motion Picture Agreement with the depositor of a motion picture. If the
Library has such an agreement, the copy of the motion picture submitted
will be returned to the remitter if a written request has been made. In
the absence of such an agreement, the Motion Picture, Broadcasting, and
Recorded Sound Division of the Library of Congress will retain the
copy.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
The Agreements are retained and are publicly available in the
Motion Picture Reading Room, Motion Picture, Broadcasting, and Recorded
Sound Division, Room LM 338, James Madison Building, Library of
Congress, Washington, D.C. 20540-4690.
* * * * *
SYSTEM MANAGER(s) AND ADDRESS:
Reference Assistant, Motion Picture, Broadcasting, and Recorded
Sound Division, Room LM 338, James Madison Building, Library of
Congress, Washington, DC 20540-4690.
3. In CO-1 through CO-28 revise the ``NOTIFICATION PROCEDURE'' to
read as follows:
NOTIFICATION PROCEDURE:
Inquiries about a record should be in writing addressed to the
Supervisory Copyright Information Specialist, GC/I&R, PO Box 70400,
Southwest Station, Washington, DC 20024.
II. Redesignation and Addition of Systems of Records
4. Redesignate System of Record CO-28 as CO-31 and add new Systems
of Records CO-28, CO-29, CO-30 and CO-32 to read as follows:
CO-28
SYSTEM NAME:
Initial Notice of Digital Transmission of Sound Recordings under
Statutory License.
SYSTEM LOCATION:
Copyright Office, Library of Congress, Washington, DC 20559-6000.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Entities engaged in the digital transmission of sound recordings
pursuant to statutory license.
CATEGORIES OF RECORDS IN THE SYSTEM:
Name of service, address of the service, telephone number,
facsimile number, website address of service, name and title of an
authorized representative of the service, signature of the authorized
representative, and date of signature.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
17 U.S.C. 114(f)(4)(A).
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Records of notices of digital transmissions of sound recordings are
useful to copyright owners of sound recordings who wish to monitor the
use of their works by digital transmission services.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Folders in a file cabinet and binders. Information available
through Copyright Office homepage.
RETRIEVABILITY:
Initial notices are indexed by service name.
SAFEGUARDS:
The records are maintained in a room which is restricted to
authorized personnel and locked during nonworking hours.
RETENTION AND DISPOSAL:
Retained indefinitely.
SYSTEM MANAGER(S) AND ADDRESS:
Chief, Licensing Division, Copyright Office, Library of Congress,
Washington, DC 20557-6400.
NOTIFICATION PROCEDURE:
Inquiries about a Service's record should be in writing addressed
to the Supervisory Copyright Information Specialist, GC/I&R, PO Box
70400, Southwest Station, Washington, DC 20024.
RECORD ACCESS PROCEDURES:
Requests from individuals should be in writing and addressed to the
official designated under ``Notification Procedure.''
[[Page 54363]]
CONTESTING RECORD PROCEDURES:
See rules published in 37 CFR part 204.
RECORD SOURCE CATEGORIES:
Authorized agent of service to which record pertains.
CO-29
SYSTEM NAME:
Notice of Designation as Collective under Statutory License.
SYSTEM LOCATION:
Copyright Office, Library of Congress, Washington, DC 20559-6000.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Collectives designated under a statutory license to collect and
distribute royalty funds.
CATEGORIES OF RECORDS IN THE SYSTEM:
Name of collective, address of the collective, telephone number,
facsimile number, website address of collective, and statement of
authorization.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
17 U.S.C. 114(f)(4)(A).
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Records of notice of designation as collective are useful to the
services which make digital transmissions of the sound recordings.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Folders in a file cabinet and binders. Information available
through Copyright Office homepage.
RETRIEVABILITY:
Initial notices are indexed by name of collective.
SAFEGUARDS:
The records are maintained in a room which is restricted to
authorized personnel and locked during nonworking hours.
RETENTION AND DISPOSAL:
Retained indefinitely.
SYSTEM MANAGER(S) AND ADDRESS:
Chief, Licensing Division, Copyright Office, Library of Congress,
Washington, DC 20557-6400.
NOTIFICATION PROCEDURE:
Inquiries about a Service's record should be in writing addressed
to the Supervisory Copyright Information Specialist, GC/I&R, P.O. Box
70400, Southwest Station, Washington, DC 20024.
RECORD ACCESS PROCEDURES:
Requests from individuals should be in writing and addressed to the
official designated under ``Notification Procedure.''
CONTESTING RECORD PROCEDURES:
See rules published in 37 CFR part 204.
RECORD SOURCE CATEGORIES:
Authorized agent of service to which record pertains.
CO-30
SYSTEM NAME:
OnLine Service Provider Designation of Agent File.
SYSTEM LOCATION:
Copyright Office, Library of Congress, Washington, DC 20559-6000.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Designated agents of online service providers that receive
notification of infringement by service providers.
CATEGORIES OF RECORDS IN THE SYSTEM:
Included in this file are documents that include: (1) The name,
address, telephone number, and electronic mail address of a service
provider's agent; and (2) other contact information the Register of
Copyrights deems appropriate.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
17 U.S.C. 701, 702, 705.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
The Office uses these records to maintain a record of agents of
online service providers who should receive any notification of a
claimed infringement which may afford a service provider limited
liability under the copyright law.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE AND RETRIEVABILITY:
Binders in the Public Information Office in the Information and
Reference Division in the Copyright Office, Library of Congress. Also
available online on the Copyright Office's web page.
SAFEGUARDS:
These records are maintained by the Public Information Office, in a
secure room monitored by authorized personnel and locked during
nonworking hours. Hours of operation of the Public Information Office
are 8:30 a.m.-5 p.m., Monday through Friday (except holidays).
RETENTION AND DISPOSAL:
Records are retained indefinitely.
SYSTEM MANAGER(s) AND ADDRESS:
Section Head, Information Section, Information and Reference
Division, Copyright Office, Library of Congress, Washington, DC 20559-
6000.
NOTIFICATION PROCEDURE:
Inquiries about the decisions in this file should be in writing
addressed to the Supervisory Copyright Information Specialist, GC/I&R,
PO Box 70400, Southwest Station, Washington, DC 20024.
RECORD ACCESS PROCEDURES:
Requests from individuals should be in writing addressed to the
official designated under ``Notification Procedure.''
CONTESTING RECORD PROCEDURES:
See rules published in 37 CFR part 204.
RECORD SOURCE CATEGORIES:
Individuals to whom the party pertains.
CO-32
SYSTEM NAME:
Copyright Office Appeal Decisions.
SYSTEM LOCATION:
Copyright Office, Library of Congress, Washington, DC 20559-6000.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Applicants or their representatives who have appealed the Office's
decision not to register claims submitted for copyright registration.
CATEGORIES OF RECORDS IN THE SYSTEM:
Included in this file are: (1) Copies of letters written by
designated Examining Division personnel who review decisions to refuse
to register a claim after the applicant or his or her representative
has filed a petition for reconsideration of the Examining Division's
initial denial of registration; and (2) copies of the final decisions
issued by the Copyright Office Appeals Board after reexamination of an
applicant's file upon a second request for reconsideration of the
Office's refusal to register a claim.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
17 U.S.C. 701, 705.
[[Page 54364]]
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
The Office uses these records to maintain a record of decisions
made by the Examining Division and the Copyright Office Appeals Board
when an applicant seeks reconsideration of the Office?s refusal to
register his or her claims to copyright.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Binders in the Public Information Office in the Information and
Reference Division in the Copyright Office, Library of Congress.
RETRIEVABILITY:
Documents are maintained in two categories, the first being
Examining Division responses to initial requests for reconsideration of
a refusal to register a claim, and the second being the Appeals Board's
final decisions upon a second request for reconsideration of a claim.
Each set of documents is retained in chronological order by the date of
the correspondence in which the Office sends responses to the applicant
or his or her agent.
SAFEGUARDS:
These records are maintained in the Public Information Office, a
room monitored by authorized personnel and locked during nonworking
hours. Hours of operation of the Public Information Office are 8:30
a.m.-5p.m., Monday through Friday (except holidays).
RETENTION AND DISPOSAL:
Records are retained indefinitely.
SYSTEM MANAGER(s) AND ADDRESS:
Section Head, Information Section, Information and Reference
Division, Copyright Office, Library of Congress, Washington, DC 20559-
6000.
NOTIFICATION PROCEDURE:
Inquiries about the decisions in this file should be in writing
addressed to the Supervisory Copyright Information Specialist, GC/I&R,
PO Box 70400, Southwest Station, Washington, DC 20024.
RECORD ACCESS PROCEDURES:
Requests from individuals should be in writing addressed to the
official designated under ``Notification Procedure.''
CONTESTING RECORD PROCEDURES:
See rules published in 37 CFR part 204.
RECORD SOURCE CATEGORIES:
Individuals to whom the record pertains, and Copyright Office
records.
Marilyn J. Kretsinger,
Assistant General Counsel.
[FR Doc. 99-25449 Filed 10-5-99; 8:45 am]
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