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

Summary

The Register of Copyrights may, if done on or before December 31, 2021 and after finding that a presidential national emergency has broadly disrupted the copyright system, temporarily change or pause timing rules (like deadlines or effective dates) or procedures in the copyright law and in chapters II and III of title 37, for as long as the Register thinks is needed to deal with the disruption. The Register must match any change to how big and serious the emergency is. A public notice explaining the change is enough to put it into effect, and the Register can make the change apply going forward or backward in time, but not for a deadline that already passed before the emergency was declared. If any single rule has been changed for more than 120 days in total, the Register must send Congress a written explanation within 20 days describing what was done and why. The Register cannot change deadlines that require starting a federal-court lawsuit, except for adjusting the “license availability date” in section 115(e)(15); if that date is changed, it still does not stop certain infringement suits against digital music providers for acts after January 1, 2018, so long as those suits are filed within the time limits in section 115(d)(10)(C)(i) or (ii) measured from the new date, and the Register must send Congress the explanation at the same time as the public notice. The Register’s power does not cover chapter 3 (except section 304(c)) or section 1401(a)(2). This authority does not depend on other steps in the National Emergencies Act except the President’s emergency declaration under section 201(a), and it takes precedence over title II of that 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