§710 Emergency Relief Authority

Summary

If the Register of Copyrights finds that a President-declared national emergency (declared under the National Emergencies Act) on or before December 31, 2021, is messing up how the copyright system normally works, the Register may temporarily change timing or procedure rules in the copyright law and related regulations. The Register can pause, shorten, extend, or alter deadlines or processes as needed for no longer than reasonably required. The Register must choose fixes that fit the size and impact of the emergency and can make them apply going forward or, if appropriate, back to a deadline that had not already passed before the emergency was declared. The Register does not have to follow some usual federal rulemaking procedures; a general public notice is enough. If any single rule is modified for more than 120 days in total, the Register must tell Congress within 20 days and explain the action and reasons. The Register cannot change time limits that require starting a federal court case, except for certain adjustments to the license-availability date in section 115(e)(15) (with special timing rules for claims tied to January 1, 2018 and sections 115(d)(10)(C)(i) or (ii)), and cannot change most copyright term rules (except section 304(c) and section 1401(a)(2)). The Register’s power does not depend on any extra Presidential specification under the National Emergencies Act and overrides title II of that Act.