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Federal Register / Vol. 86, No. 157 / Wednesday, August 18, 2021 / Rules and Regulations
CashApp. 39 The Office appreciates that providing additional payment options could help to advance the statutes accessibility goals. Presently, however, the Office is unable to accept the alternative forms suggested, including because some are not supported by Pay.gov, and due to additional administrative costs.
Nevertheless, in the interest of providing future flexibility, the Office is revising this portion of the final rule to remove the references to specific payment methods and instead to simply state that a claimant or counterclaimant shall follow instructions on the Copyright Office website to make electronic payments by Pay.gov. Such an approach will enable the Office to consider possible additional methods of payment as Pay.gov expands its capabilities.
5. Denied Requests
jbell on DSKJLSW7X2PROD with RULES

Finally, commenters addressed the proposed language allowing the Office to deny a request for small claims expedited registration if the requester did not pay the required fee or if the Office determines that the request would be unduly burdensome.
Comments submitted by the Copyright Alliance et al. and by SFWA both expressed concern that the proposed rule did not define the term unduly burdensome. 40 The Copyright Alliance et al. recommended guarding against uncertainty by adopting language similar to that provided in the Compendium of U.S. Copyright Office Practices in the context of special handling requests.41 The Compendium states that the Office may reject a request for special handling if the Office is unable to process the request based on the Offices workload or budget at the time the request is made. 42 The Office agrees that this language would provide greater certainty as to the considerations governing denial on this basis. Accordingly, the rule has been revised to provide that if the requisite fee has been paid for small claims expedited registration, the Office will grant the request unless the Office determines that expedited registration under this section would be unduly burdensome based on the Offices workload or budget at the time the request is made. As under the 39 Copyright
Alliance et al. NPRM Comments at
89.
40 Copyright Alliance et al. NPRM Comments at 9; SFWA NPRM Comments at 3.
41 Copyright Alliance et al. NPRM Comments at 9.
42 U.S. Copyright Office, Compendium of U.S.
Copyright Office Practices sec. 623.2 3d ed. 2021.

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proposed rule, the Office is authorized to refund the fee in these circumstances.
B. Freedom of Information Act The final rule also adopts a technical edit to the Offices FOIA regulations to reflect the CASE Acts reference to FOIA. The regulatory language provides that Copyright Claims Board determinations published on the Copyright Office website and related records and information published on that website may be disclosed under FOIA.43 By statute, all other materials related to CCB proceedings are exempt from disclosure under FOIA.44
Commenters raised two issues related to the proposed rule. First, the Copyright Alliance et al. argued that the rule required a technical editthe addition of a comma before and related records to clarify that only those records published on the Offices website are . . . subject to FOIA. 45 In their view, without a comma preceding and related records, it is unclear whether on that website is intended to modify both related records and information or just information. 46 To clarify, the phrase on that website is intended to modify both terms, and therefore only those CCB records published on the Offices website will be subject to FOIA. The Office is not persuaded, however, that the addition of the suggested comma states that rule any more clearly than the text as proposed. Further, it appears that the commenters concern relates primarily to questions regarding which records are considered confidential and subject to a protective order.47 Those issues will be addressed in a separate rulemaking. Accordingly, the Office does not believe that the requested change is necessary.
Second, SFWA expressed concern that confidential sales figures submitted to the CCB in connection with proving damages could be placed on the CCBs website or released in response to a FOIA request. 48 SFWA argued that if such information is subject to FOIA, it could easily discourage many writers and creators of copyrighted works, whom the CASE Act is intended to help, from bringing claims or raising counterclaims. 49 The Office recognizes 43 86

FR at 21993.
U.S.C. 1506t4.
45 Copyright Alliance et al. NPRM Comments at 10.
46 Id. at 10 n.17.
47 See id. at 10 Information provided in the course of discovery, such as documents, interrogatories, testimony, etc. should be presumed to be confidential and should not be published/
subject to FOIA..
48 SFWA NPRM Comments at 34.
49 Id. at 4.
44 17

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SFWAs concern about protecting sensitive or confidential information, but, as noted, the Office intends to address these issues in a separate rulemaking. Accordingly, the conforming amendment for the Offices FOIA regulations is unchanged in the final rule.
List of Subjects 37 CFR Part 201
Copyright, General provisions.
37 CFR Part 203
Freedom of information.
37 CFR Part 221
Claims, Copyright, Registration.
Final Regulations For reasons stated in the preamble, the Copyright Office amends 37 CFR
chapter II as follows:
PART 201GENERAL PROVISIONS
1. The authority citation for part 201
continues to read as follows:

Authority: 17 U.S.C. 702.

2. Amend 201.3 by redesignating paragraphs d8 through 17 as paragraphs d9 through 18, respectively, and adding new paragraph d8 to read as follows:

201.3 Fees for registration, recordation, and related services, special services, and services performed by the Licensing Division.

d

8 Small claims expedited registration fee for each request

$50

PART 203FREEDOM OF
INFORMATION ACT: POLICIES AND
PROCEDURES
3. The authority citation for part 203
continues to read as follows:

Authority: 5 U.S.C. 552.

4. Amend 203.1 by adding a sentence at the end of the section to read as follows:

203.1

General.

All information relating to proceedings of the Copyright Claims Board under chapter 15 of the Copyright Act is exempt from disclosure under FOIA, except for Copyright Claims Board determinations published on the Copyright Office website and related records and information published on that website.
5. Add subchapter B, consisting of part 221, to read as follows:

E:FRFM18AUR1.SGM

18AUR1