Regulations

There are two federal regulations related to Section 108. This section lists them and explains how to find them in the Code of Federal Regulations and the Federal Register.

Researching regulations:

You can access the Code of Federal Regulations for free on the Government Printing Office’s website (FDsys). Go to FDsys, click on Code of Federal Regulations under “Featured Collections,” and select the most recent year. Then click on Title 37 – Patents, Trademarks, and Copyrights and browse to the desired section. You can then view the section in PDF or XML. The GPO updates Title 37 as of July 1 each year.  CFR provisions are also available on Westlaw and Lexis, and those pertaining to copyright are collected by the Copyright Office here.

Free access to the Federal Register on FDsys goes back to 1994. Lexis and Westlaw each provide full access, as does HeinOnline. Most law libraries have the earlier material in print or microform.

Regulations:

37 C.F.R. § 201.14: Warnings of copyright for use by certain libraries and archives

This regulation dictates the contents and “form and manner of use” for the copyright warnings required by §§ 108(d)(2) and 108(e)(2). The Federal Register citation for the final rule is 42 FR 59265 (Nov. 16, 1977). The Advance Notice of Proposed Rulemaking appears at 42 FR 16838.

37 C.F.R. § 201.39: Notice to Libraries and Archives of Normal Commercial Exploitation or Availability at Reasonable Price

This regulation “prescribes rules under which copyright owners . . . may provide notice to qualified libraries and archives . . . that a published work in its last 20 years of copyright protection is subject to normal commercial exploitation, or that a copy or phonorecord of the work can be obtained at a reasonable price, for purposes of section 108(h)(2) . . . .” It originates at 63 FR 71787 (Dec. 30, 1998), and has been amended at 66 FR 34373 (June 28, 2001), 71 FR 31092 (June 1, 2006), and 73 FR 37839 (July 2, 2008).

Next: Secondary materials

Previous: Cases interpreting § 108

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