S. 3517 — VACRA

This section exempts pictorial, graphic, and sculptural works from the mandatory deposit requirement under 17 U.S.C. §407(a), which otherwise requires copyright owners to deposit two copies (or phonorecords) of the best edition of a work published in the United States within three months of publication for the Library of Congress collections. (As background, §407 deposits build the national collection of published works at the Library of Congress but are not a condition of copyright protection; noncompliance after demand triggers fines up to $250 per work plus acquisition costs.) The section also revises the deposit requirement for copyright registration under 17 U.S.C. §408(b) to require, for pictorial, graphic, and sculptural works, one complete electronic copy. Additionally, the section directs the Register of Copyrights to issue regulations certifying third-party registries of photographs that (1) maintain electronic copies and specified data (e.g., author, owner, contact info, dates, title) for the copyright term; (2) provide a free, secure, searchable database; (3) enable transfers to other registries; and (4) interface with Copyright Office systems. Deposits in certified registries satisfy §408 registration deposit requirements (unless the Copyright Office certifies compliance with §409(b) public records requirements).

This section directs the Register of Copyrights to establish regulations permitting a single registration for a group of up to 3,000 photographs (potentially more as technology advances) by the same individual author based on a single application, fee, and compliant deposit, provided the application identifies each work and titles the group as a whole. The regulations must accommodate quantity tiers for creative workflows and apply regardless of publication status, publication date, or creation date. This section also makes a technical and conforming amendment to update a cross-reference in existing group registration provisions.

This section establishes procedures for deferred registration of pictorial, graphic, and sculptural works (i.e., visual arts such as paintings, photographs, and sculptures). It directs the Register of Copyrights to issue regulations within 180 days of enactment; requires applicants to submit electronically an application and fee to the Copyright Office, plus deposits to the Copyright Office or a third-party registry (as described in section 711); sets the submission date as the effective registration date under section 410(d); treats deferred applications as full registration applications for U.S. Customs and Border Protection enforcement against infringing imports; and allows copyright owners to request examination for full registration at any time upon paying the applicable fee. (Thus, creators of such works can secure an early registration date and border protection without immediate Copyright Office examination.)

This section amends copyright registration application requirements (17 U.S.C. 409) by exempting published pictorial, graphic, or sculptural works that are U.S. works created after March 1, 1989, from disclosing the date and nation of first publication. It further requires the Register of Copyrights to implement and maintain a public-facing digital interface, interoperable with software commonly used by professional creators, to enable automated transmission of required deposits and information into online applications.

This section amends Copyright Office fee requirements under 17 U.S.C. 708 by (1) establishing a fee for applications under section 408(g) for deferred registration of not more than one-half the fee for a standard application under section 408; (2) expanding the Register's fee adjustment authority to include services under paragraphs (a)(1) through (9) and (11) (i.e., statements of account for secondary transmissions under section 111); (3) directing fee adjustments to ensure professional creators can afford to register all their works; and (4) requiring reduced fees for individual authors and small business entities. It further directs the Register, not later than 180 days after enactment, to establish regulations for yearly and periodic registration subscriptions for pictorial, graphic, and sculptural works (i.e., visual arts), with subscription fees set under existing adjustment authority and no fee required for applications under section 408 (including supplementary or deferred registrations) if submitted during the subscription term.