37 CFR 201.25 - Visual Arts Registry. | LII / Legal Information Institute

§ 201.25

Visual Arts Registry.

(a) General. This section prescribes the procedures relating to the submission of Visual Arts Registry Statements by visual artists and owners of buildings, or their duly authorized representatives, for recordation in the Copyright Office under section 113(d)(3) of title 17 of the United States Code, as amended by Public Law 101-650, effective June 1, 1991. Statements recorded in the Copyright Office under this regulation will establish a public record of information relevant to an artist's integrity right to prevent destruction or injury to works of visual art incorporated in or made part of a building.

(b) Forms. The Copyright Office does not provide forms for the use of persons recording statements regarding works of visual art that have been incorporated in or made part of a building.

(c) Recordable statements— (1) General. Any statement designated as a “Visual Arts Regulatory Statement” and which pertains to a work of visual art that has been incorporated in or made part of a building may be recorded in the Copyright Office provided the statement is accompanied by the fee for recordation of documents specified in section 708(a)(4) of title 17 of the United States Code. Upon their submission, the statements and an accompanying documentation or photographs become the property of the United States Government and will not be returned. Photocopies are acceptable if they are clear and legible. Information contained in the Visual Arts Registry Statement should be as complete as possible since the information may affect the enforceability of valuable rights under the copyright law. Visual Arts Registry Statements which are illegible or fall outside of the scope of section 113(d)(3) of title 17 may be refused recordation by the Copyright Office.

(2) Statements by artists. Statements by artists regarding a work of visual art incorporated or made part of a building should be filed in a document containing the head: “Registry of Visual Art Incorporated in a Building—Artist's Statement.” The statement should contain the following information:

(i) Identification of the artist, including name, current address, age, and telephone number, if publicly listed.

(ii) Identification of the work or works, including the title, dimensions, and physical description of the work and the copyright registration number, if known. Additionally, it is recommended that one or more 8×10 photographs of the work on good quality photographic paper be included in the submission; the images should be clear and in focus.

(iii) Identification of the building, including its name and address. This identification may additionally include 8×10 photographs of the building and the location of the artist's work in the building.

(iv) Identification of the owner of the building, if known.

(3) Statements by the owner of the building. Statements of owners of a building which incorporates a work of visual art should be filed in a document containing the heading: “Registry of Visual Art Incorporated in a Building—Building Owner's Statement.” The statement should contain the following information:

(i) Identification of the ownership of the building, the name of a person who represents the owner, and a telephone number, if publicly listed.

(ii) Identification of the building, including the building's name and address. This identification may additionally include 8×10 photographs of the building and of the works of visual art which are incorporated in the building.

(iii) Identification of the work or works of visual art incorporated in the building, including the works' title(s), if known, and the dimensions and physical description of the work(s). This identification may include one or more 8×10 photographs of the work(s) on high quality photographic paper; the images should be clear and in focus.

(iv) Identification of the artist(s) who have works incorporated in the building, including the current address of each artist, if known.

(v) Photocopy of contracts, if any, between the artist and owners of the building regarding the rights of attribution and integrity.

(vi) Statement as to the measures taken by the owner to notify the artist(s) of the removal or pending removal of the work of visual art, and photocopies of any accompanying documents.

(4) Updating statements. Either the artist or owner of the building or both may record statements updating previously recorded information by submitting an updated statement and paying the recording fee specified in paragraph (d) of this section. Such statements should repeat the information disclosed in the previous filing as regarding the name of the artist(s), the name of the work(s) of visual art, the name and address of the building, and the name of the owner(s) of the building. The remaining portion of the statement should correct or supplement the information disclosed in the previously recorded statement.

(d) Fee. The fee for recording a Visual Arts Registry Statement, a Building Owner's Statement, or an updating statement is the recordation fee for a document, as prescribed in § 201.3(c).

(e) Date of recordation. The date of recordation is the date when all of the elements required for recordation, including the prescribed fee have been received in the Copyright Office. After recordation of the statement, the sender will receive a certificate of record from the Copyright Office. Any documentation or photographs accompanying any submission will be retained and filed by the Copyright Office. They may also be transferred to the Library of Congress, or destroyed after preparing suitable copies, in accordance with usual procedures.

(f) Effect of recordation. The Copyright Office will record statements in the Visual Arts Registry without examination or verification of the accuracy or completeness of the statement, if the statement is designated as a “Visual Arts Registry Statement” and pertains to a work of visual art incorporated in or made part of a building. Recordation of the statement and payment of the recording fee shall establish only the fact of recordation in the official record. Acceptance for recordation shall not be considered a determination that the statement is accurate, complete, and otherwise in compliance with section 113(d), title 17, U.S. Code. The accuracy and completeness of the statement is the responsibility of the artist or building owner who submits it for recordation. Artists and building owners are encouraged to submit accurate and complete statements. Omission of any information, however, shall not itself invalidate the recordation, unless a court of competent jurisdiction finds the statement is materially deficient and fails to meet the minimum requirements of section 113(d) of title 17, U.S. Code.

[56 FR 38341, Aug. 13, 1991, as amended at 64 FR 29522, June 1, 1999; 65 FR 39819, June 28, 2000]

Title 37 published on 2011-07-01

The following are only the Rules published in the Federal Register after the published date of Title 37.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

2012-04-09; vol. 77 # 68 - Monday, April 9, 2012

77 FR - Discontinuance of Form CO in Registration Practices

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	C1-2012-7429
RIN
Docket No.	2011-8

LIBRARY OF CONGRESS, Copyright Office

37 CFR Parts 201 and 202

Summary

2012-03-28; vol. 77 # 60 - Wednesday, March 28, 2012

77 FR 18704 - Fees

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-7427
RIN
Docket No.	RM 2011-9

LIBRARY OF CONGRESS, Copyright Office

Final rule.

Effective Date: March 28, 2012.

37 CFR Part 201

Summary

The Copyright Office of the Library of Congress is publishing a final rule establishing an additional fee for a particular service: Travel expenses in connection with educational activities.

77 FR 18705 - Discontinuance of Form CO in Registration Practices

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-7429
RIN
Docket No.	2011-8

LIBRARY OF CONGRESS, Copyright Office

Final rule.

Effective Date: July 1, 2012.

37 CFR Parts 201 and 202

Summary

The United States Copyright Office is amending its regulations in order to discontinue use of the Form CO application as an option for applying for copyright registration, and in order to remove references to CON 1 and CON 2 continuation sheets. The removal of Form CO leaves applicants a choice of filing an application for registration electronically or by using the appropriate printed application form relating to the subject matter of the application. The amendment also removes the references to CON 1 and CON 2 continuation sheets, which were never developed or made available to the public; the regulations instead now refer only to the continuation sheets currently available for applicants filing paper applications and makes other housekeeping amendments relating to applications for copyright registration.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code

17 USC 702 - Copyright Office regulations

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 37 CFR 201

2012-04-09; vol. 77 # 68 - Monday, April 9, 2012

77 FR - Discontinuance of Form CO in Registration Practices

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	C1-2012-7429
RIN
Docket No.	2011-8

LIBRARY OF CONGRESS, Copyright Office

37 CFR Parts 201 and 202

Summary

2012-03-28; vol. 77 # 60 - Wednesday, March 28, 2012

77 FR 18704 - Fees

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-7427
RIN
Docket No.	RM 2011-9

LIBRARY OF CONGRESS, Copyright Office

Final rule.

Effective Date: March 28, 2012.

37 CFR Part 201

Summary

The Copyright Office of the Library of Congress is publishing a final rule establishing an additional fee for a particular service: Travel expenses in connection with educational activities.

77 FR 18705 - Discontinuance of Form CO in Registration Practices

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-7429
RIN
Docket No.	2011-8

LIBRARY OF CONGRESS, Copyright Office

Final rule.

Effective Date: July 1, 2012.

37 CFR Parts 201 and 202

Summary

The United States Copyright Office is amending its regulations in order to discontinue use of the Form CO application as an option for applying for copyright registration, and in order to remove references to CON 1 and CON 2 continuation sheets. The removal of Form CO leaves applicants a choice of filing an application for registration electronically or by using the appropriate printed application form relating to the subject matter of the application. The amendment also removes the references to CON 1 and CON 2 continuation sheets, which were never developed or made available to the public; the regulations instead now refer only to the continuation sheets currently available for applicants filing paper applications and makes other housekeeping amendments relating to applications for copyright registration.

77 FR 18742 - Copyright Office Fees

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Additional Documents

type	regulations.gov
FR Doc.	2012-7428
RIN
Docket No.	2012-1

LIBRARY OF CONGRESS, Copyright Office

Notice of proposed rulemaking.

Comments must be received in the Office of the General Counsel of the Copyright Office no later than May 14, 2012.

37 CFR Parts 201 and 203

Summary

The Copyright Office is proposing the adoption of new fees for the registration of claims, recordation of documents, special services, Licensing Division services, and processing of FOIA requests. The proposed fees would recover a significant part of the costs to the Office for services that benefit both copyright owners and the public, and provide full cost recovery for many services which benefit only or primarily the user of that service. As part of the fee setting process, the Office is providing an opportunity to the public to comment on the proposed changes before submitting the fee schedule to Congress for review.

2012-03-15; vol. 77 # 51 - Thursday, March 15, 2012

77 FR 15327 - Notice of Public Hearings: Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-6333
RIN
Docket No.	RM 2011-7

LIBRARY OF CONGRESS, Copyright Office

Notice of Public Hearings.

The first public hearing, confined to demonstrations of technology, will be held in Washington, DC on Friday, May 11, 2012 at 10 a.m. Public hearings will also be conducted in Los Angeles, California at 9 a.m. on Thursday, May 17, 2012 and Friday, May 18, 2012, and in Washington, DC at 9 a.m. on Thursday, May 31, 2012, Friday, June 1, 2012, and Monday, June 4 through Wednesday, June 6, 2012. Requests to testify must be received by 5 p.m. E.D.T. on Monday, April 2, 2012. See the SUPPLEMENTARY INFORMATION below for more information on the hearing dates and for additional information on other requirements.

37 CFR Part 201

Summary

The Copyright Office of the Library of Congress (“Office”) will be holding public hearings on the possible exemptions to the prohibition against circumvention of technological measures that control access to copyrighted works. In accordance with the Copyright Act, as amended by the Digital Millennium Copyright Act, the Office is conducting its triennial rulemaking proceeding to determine whether there are particular “classes of works” as to which users are, or are likely to be, adversely affected in their ability to make noninfringing uses if they are prohibited from circumventing such technological measures. The first day of hearings will be dedicated to demonstrations of technology relevant to the rulemaking proceeding.

2011-12-20; vol. 76 # 244 - Tuesday, December 20, 2011

76 FR 78866 - Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2011-32509
RIN
Docket No.	RM 2011-7

LIBRARY OF CONGRESS, Copyright Office

Notice of proposed rulemaking.

Comments addressing the Proposed Classes of Works are due by 5 p.m. E.S.T., February 10, 2012. Reply comments addressing points made in the initial comments are due by 5 p.m. E.S.T. on March 2, 2012.

37 CFR Part 201

Summary

The United States Copyright Office (“Office”) seeks comments on proposals to exempt certain classes of works from the prohibition on circumvention of technological measures that control access to copyrighted works. The Office has initiated a rulemaking proceeding in accordance with provisions added by the Digital Millennium Copyright Act (“DMCA”) which provide that the Librarian of Congress (“Librarian”), upon the recommendation of the Register of Copyrights, may exempt certain classes of works from the prohibition against circumvention. The purpose of this proceeding is to determine whether there are particular classes of works as to which users are, or are likely to be, adversely affected in their ability to make noninfringing uses due to the prohibition on circumvention. This notice publishes the classes of works received by the Office, which were proposed by several parties in the comment period that ended on December 1, 2011.

2011-09-30; vol. 76 # 190 - Friday, September 30, 2011

76 FR 60774 - Discontinuance of Form CO in Registration Practices

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2011-25230
RIN
Docket No.	2011-8

LIBRARY OF CONGRESS, Copyright Office

Notice of Proposed Rulemaking and request for comments.

Comments must be received in the Office of the General Counsel of the Copyright Office no later than November 29, 2011.

37 CFR Parts 201 and 202

Summary

The United States Copyright Office is proposing to amend its regulations to discontinue use of the Form CO application as an option for applying for copyright registration; and remove the references to CON 1 and CON 2 sheets. Form CO applications comprise only a small percentage of all applications submitted but they contain a significant number of errors, thus requiring a disproportionate amount of the Office's time, effort and resources to process. The proposed amendments would remove references to Form CO and would instead allow applicants a choice to file an application for registration either by filing the application electronically or by using the appropriate printed application form that relates to the subject matter of the application (i.e., Form TX for nondramatic literary works, Form PA for works of the performing arts, Form VA for works of visual art, Form SR for sound recordings, and Form SE for serials). Additionally, the proposed amendment would remove the references to CON 1 and CON 2 sheets, which were never developed or made available to the public, and would instead refer only to the continuation sheets currently available for applicants filing paper applications.

2011-09-29; vol. 76 # 189 - Thursday, September 29, 2011

76 FR 60398 - Exemption to Prohibition on Circumvention of Copyright ProtectionSystems for Access Control Technologies

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2011-25106
RIN
Docket No.	RM 2011-7

LIBRARY OF CONGRESS, Copyright Office

Notice of inquiry and request for comments.

Written comments must be received no later than December 1, 2011. A notice of proposed rulemaking will be published in December 2011 that will identify proposed classes of works and solicit comments on those proposed classes, which will be no later than February 15, 2012.

37 CFR Part 201

Summary

The United States Copyright Office is preparing to conduct proceedings in accordance with provisions added by the Digital Millennium Copyright Act which provide that the Librarian of Congress, upon the recommendation of the Register of Copyrights, may exempt certain classes of works from the prohibition against circumvention of technological measures that control access to copyrighted works. The purpose of this rulemaking proceeding is to determine whether there are particular classes of works as to which users are, or are likely to be, adversely affected in their ability to make noninfringing uses due to the prohibition on circumvention. This notice requests written comments from all interested parties, including representatives of copyright owners, educational institutions, libraries and archives, scholars, researchers and members of the public, in order to elicit evidence on whether noninfringing uses of certain classes of works are, or are likely to be, adversely affected by this prohibition on the circumvention of measures that control access to copyrighted works.

2011-09-28; vol. 76 # 188 - Wednesday, September 28, 2011

76 FR 59953 - Designation of Agent To Receive Notification of Claimed Infringement

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2011-24780
RIN
Docket No.	RM 2011-6

LIBRARY OF CONGRESS, Copyright Office

Notice of proposed rulemaking and request for comments.

Written comments are due November 28, 2011. Reply comments are due December 27, 2011.

37 CFR Part 201

Summary

The Copyright Office is issuing this Notice of Proposed Rulemaking to solicit public comment on proposals to update its interim regulations governing the designation by online service providers of agents to receive notifications of claimed copyright infringement as provided for in the Copyright Act.

2011-06-30; vol. 76 # 126 - Thursday, June 30, 2011

76 FR 38306 - Fees for Special Handling of Registration Claims

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2011-16432
RIN
Docket No.	RM 2009-5

LIBRARY OF CONGRESS, Copyright Office

Extension of temporary rule.

The effective period of 37 CFR 201.15, published August 10, 2009 (74 FR 39900) is extended through July 1, 2012.

37 CFR Part 201

Summary

The Copyright Office is extending for one year the interim rule relating to fees for special handling of registration claims that have been pending for at least six months. Currently, the interim rule is set to expire on July 1, 2011, and this extension will change the expiration date to July 1, 2012.

2011-06-06; vol. 76 # 108 - Monday, June 6, 2011

76 FR 32316 - Gap in Termination Provisions

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2011-13845
RIN
Docket No.	RM 2010-5

LIBRARY OF CONGRESS, Copyright Office

Final rule.

Effective Date: June 6, 2011.

37 CFR Part 201

Summary

The Copyright Office is amending its regulations governing notices of termination of certain grants of transfers and licenses of copyright under section 203 of the Copyright Act. The amendments are intended to clarify the recordation practices of the Copyright Office regarding the content of certain notices of termination, and the circumstances under which such notices will be accepted by the Office. In particular, they clarify that the Copyright Office will record section 203 notices of termination of grants for works created after 1977 even when the agreement to make a grant was made before 1978.

2011-02-17; vol. 76 # 33 - Thursday, February 17, 2011

76 FR 9229 - Administration of Copyright Office Deposit Accounts

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2011-3598
RIN
Docket No.	RM 2009-4

LIBRARY OF CONGRESS, Copyright Office

Final rule.

Effective Date: May 1, 2011.

37 CFR Part 201

Summary

The Copyright Office is amending its regulations to set the minimum level of activity required to hold a deposit account at 12 transactions per year; require deposit account holders to maintain a minimum balance in that account; require the closure of a deposit account the second time it is overdrawn within any 12-month period; and offer deposit account holders the option of automatic replenishment of their account via their bank account or credit card.

37 CFR 201.25 - Visual Arts Registry.

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