§710 — Title 17 Copyrights | U.S. Code

Summary

If the President declares a national emergency on or before December 31, 2021, and the Register of Copyrights finds the emergency is disrupting the copyright system, the Register may temporarily pause, waive, or change timing rules or procedures in title 17 and in chapters II and III of title 37, Code of Federal Regulations. The Register must tailor any change to the scope and severity of the emergency and only keep changes for as long as reasonably needed. Those actions do not have to follow certain usual federal rulemaking or review procedures and a public notice is enough. The Register can make changes effective going forward or retroactive, but retroactive fixes only apply to deadlines that had not already passed before the emergency declaration. If any single provision is modified for more than a total of 120 days, the Register must tell Congress with a detailed statement within 20 days. The Register cannot change rules that set deadlines for starting federal court cases, except for one limited change about the license availability date in section 115(e)(15) (which keeps certain infringement suits for acts after January 1, 2018 viable under the time limits in section 115(d)(10)(C)(i) or (ii) and requires the same detailed notice to Congress). The Register’s authority does not cover most of chapter 3 (except section 304(c)) or section 1401(a)(2), and it does not depend on extra steps in the National Emergencies Act beyond the President’s emergency declaration under section 201(a). This authority overrides title II of the National Emergencies Act.

Title 17, §710

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(a)If, on or before December 31, 2021, the Register of Copyrights determines that a national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.) generally disrupts or suspends the ordinary functioning of the copyright system under this title, or any component thereof, including on a regional basis, the Register may, on a temporary basis, toll, waive, adjust, or modify any timing provision (including any deadline or effective period, except as provided in subsection (c)) or procedural provision contained in this title or chapters II or III of title 37, Code of Federal Regulations, for no longer than the Register reasonably determines to be appropriate to mitigate the impact of the disruption caused by the national emergency. In taking such action, the Register shall consider the scope and severity of the particular national emergency, and its specific effect with respect to the particular provision, and shall tailor any remedy accordingly.

(b)Any action taken by the Register in response to a national emergency pursuant to subsection (a) shall not be subject to section 701(e) or subchapter II of chapter 5 of title 5, United States Code, and chapter 7 of title 5, United States Code. The provision of general public notice detailing the action being taken by the Register in response to the national emergency under subsection (a) is sufficient to effectuate such action. The Register may make such action effective both prospectively and retroactively in relation to a particular provision as the Register determines to be appropriate based on the timing, scope, and nature of the public emergency, but any action by the Register may only be retroactive with respect to a deadline that has not already passed before the declaration described in subsection (a).

(c)Except as provided in subsection (d), not later than 20 days after taking any action that results in a provision being modified for a cumulative total of longer than 120 days, the Register shall submit to Congress a statement detailing the action taken, the relevant background, and rationale for the action.

(d)The authority of the Register to act under subsection (a) does not extend 11 So in original. Probably should be followed by “to”. provisions under this title requiring the commencement of an action or proceeding in Federal court within a specified period of time, except that if the Register adjusts the license availability date defined in section 115(e)(15), such adjustment shall not affect the ability to commence actions for any claim of infringement of exclusive rights provided by paragraphs (1) and (3) of section 106 against a digital music provider arising from the unauthorized reproduction or distribution of a musical work by such digital music provider in the course of engaging in covered activities that accrued after January 1, 2018, provided that such action is commenced within the time periods prescribed under section 115(d)(10)(C)(i) or 115(d)(10)(C)(ii) as calculated from the adjusted license availability date. If the Register adjusts the license availability date, the Register must provide the statement to Congress under subsection (c) at the same time as the public notice of such adjustment with a detailed explanation of why such adjustment is needed.

(e)The authority of the Register to act under subsection (a) does not extend to provisions under chapter 3, except section 304(c), or section 1401(a)(2).

(f)Notwithstanding section 301 of the National Emergencies Act (50 U.S.C. 1631), the authority of the Register under subsection (a) is not contingent on a specification made by the President under such section or any other requirement under that Act (other than the emergency declaration under section 201(a) of such Act (50 U.S.C. 1621(a))). The authority described in this section supersedes the authority of title II of the National Emergencies Act (50 U.S.C. 1621 et seq.).

Notes & Related Subsidiaries

Editorial Notes

References in Text

The National Emergencies Act, referred to in subsecs. (a) and (f), is Pub. L. 94–412, Sept. 14, 1976, 90 Stat. 1255, which is classified principally to chapter 34 (§ 1601 et seq.) of Title 50, War and National Defense. Title II of the Act is classified generally to subchapter II (§ 1621 et seq.) of chapter 34 of Title 50. For complete classification of this Act to the Code, see

Short Title

note set out under section 1601 of Title 50 and Tables.

Prior Provisions

A prior section 710, Pub. L. 94–553, title I, § 101, Oct. 19, 1976, 90 Stat. 2594, related to forms and procedures for granting the Library of Congress licenses to reproduce works for the blind and physically handicapped, prior to repeal by Pub. L. 106–379, § 3(a)(1), Oct. 27, 2000, 114 Stat. 1445.

§710 Emergency relief authority