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Inquiries about an individual's record should be in writing addressed
to the Supervisory Copyright Information Specialist, Information
Section, Information and Reference Division, Copyright Office, Library
of Congress, Washington, DC 20559.
Record access procedures:
Request from individuals should be in writing addressed to the
official designated under ``Notification procedure.''
Contesting record procedures:
See rules published in 37 CFR part 204.
Record source categories:
Individuals to whom the record pertains or such individual's
authorized agent.
<DOC>
COPYRIGHT OFFICE, LIBRARY OF CONGRESS
CO-25
System name: Secondary Transmission by Satellite Carrier for
Private Home Viewing: Statement of Account.
System location:
Copyright Office, Library of Congress, Washington, DC 20557.
Categories of individuals covered by the system:
Owners of satellite carriers who file semi-annual statements of
account required by 17 U.S.C. 119(b)(1).
Categories of records in the system:
Legal names and addresses of owners of satellite carriers, call signs
and locations of primary transmitters and related correspondence.
Authority for maintenance of the system:
17 U.S.C. 119(b)(1).
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
The Office uses these records: (1) In the preparation of search
reports compiled at the request of a member of the public; (2) to
establish and maintain a public record; and (3) in the preparation of
internal statistical and accounting reports.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Manila folders in a file cabinet and, after three years, microfilm.
Retrievability:
Alphabetically by legal name of the owner of the satellite
carrier, grouped according to accounting period and year.
Safeguards:
These records are maintained in a room restricted to authorized
personnel and locked during nonworking hours.
Retention and disposal:
Retained indefinitely.
System manager(s) and address:
Chief, Licensing Division, Copyright Office, Library of Congress,
Washington, DC 20557.
Notification procedures:
Inquiries about an individual's record should be in writing addressed
to the Supervisory Copyright Information Specialist, Information
Section, Information and Reference Division, Copyright Office, Library
of Congress, Washington, DC 20559.
Record access procedures:
Request from individuals should be in writing addressed to the
official designated under ``Notification procedure.''
Contesting record procedures:
See rules published in 37 CFR part 204.
Record source categories:
Individuals to whom the record pertains or such individual's
authorized agent.
<DOC>
PRIVACY ACT RULES
COPYRIGHT OFFICE, LIBRARY OF CONGRESS
Title 37-Patents, Trademarks, and Copyrights
Chapter II-Copyright Office, Library of Congress
PART 204--PRIVACY ACT: POLICIES AND PROCEDURES
Sec.
204.1 Purposes and scope.
204.2 Definitions.
204.3 General policy.
204.4 Procedures for notification of the existence of records
pertaining to individuals.
204.5 Procedures for requesting access to records.
204.6 Fees.
204.7 Requests for correction or amendment of a record.
204.8 Appeal of refusal to correct or amend an individual's record.
204.9 Judicial review.
Authority: Copyright Act, Pub. L. 94-553; 90 Stat. 2541-2602 (17
U.S.C. 101-710).
Source: 43 FR 776, Jan. 4, 1978, unless otherwise noted.
Sec. 204.1 Purposes and scope.
The purposes of these regulations are:
(a) The establishment of procedures by which an individual can
determine if the Copyright Office maintains a system of records in which
there is a record pertaining to the individual; and
(b) The establishment of procedures by which an individual may gain
access to a record or information maintained on that individual and have
such record or information disclosed for the purpose of review, copying,
correction, or amendment.
Sec. 204.2 Definitions.
For purposes of this part:
(a) The term ``individual'' means a citizen of the United States or an
alien lawfully admitted for permanent residence;
(b) The term ``maintain'' includes maintain, collect, use, or
disseminate;
(c) The term ``record'' means any item, collection, or grouping of
information about an individual that is maintained by an agency,
including, but not limited to, his education, financial transactions,
medical history, and criminal or employment history, and that contains
his or her name, or the identifying number, symbol, or other identifying
particular assigned to the individual, such as a finger or voice print
or a photograph;
(d) The term ``system of records'' means a group of any records under
the control of any agency from which information is retrieved by the
name of the individual; and
(e) The term ``routine use'' means, with respect to the disclosure of
a record, the use of such record for a purpose which is compatible with
the purpose for which it was collected.
Sec. 204.3 General policy.
The Copyright Office serves primarily as an office of public record.
Section 705 of Title 17, United States Code, requires the Copyright
Office to open for public inspection all records of copyright deposits,
registrations, recordations, and other actions taken under Title
17.Therefore, a routine use of all Copyright Office systems of records
created under section 705 of Title 17 is dlisclosure to the public. All
Copyright Office systems of records created under section 705 of Title
17 are also available for public copying as required by section 706(a),
with the exception of copyright deposits, whose reproduction is governed
by section 706(b) and the regulations issued under that section. In
addition to the records mandated by section 705 of Title 17, the
Copyright Office maintains other systems of records which are necessary
for the Office effectively to carry out its mission. These systems of
records are routinely consulted and otherwise used by Copyright Office
employees in the performance of their duties. The Copyright Office will
not sell, rent, or otherwise make publicly available any mailing list
prepared by the Office.
[47 FR 36821, Aug. 24, 1982]
Sec. 204.4 Procedure for notification of the existence of records
pertaining to individuals.
(a) The Copyright Office will publish in the Federal Register, upon
the establishment or revision of the system of records, notices of all
Copyright Office systems of records subject to the Privacy Act, as
provided by 5 U.S.C., section 552a(e)(4). Individuals desiring to know
if a Copyright Office system of records contains a record pertaining to
them should submit a written request to that effect either by mail to
the Supervisory Copyright Information Specialist, Information and
Publishing Section, Information and Reference Division, Copyright
Office, Library of Congress, Washington, DC 20559, or in person between
the hours of 9 a.m. and 4 p.m. on any working day except legal holidays
at Room LM-401, The James Madison Memorial Building, 1st and
Independence Avenue, SE, Washington, DC.
(b) The written request should identify clearly the system of records
which is the subject of inquiry, by reference, whenever possible, to the
system number and title as given in the notices of systems of records in
the Federal Register. Both the written request and the envelope carrying
it should be plainly marked `Privacy Act Request`. Failure to so mark
the request may delay the Office response.
(c) The Office will acknowledge all properly marked requests within
ten working days of receipt and will notify the requester within 30
working days of receipt of the existence of non-existence of records
pertaining to the requester.
(d) Since all Copyright Office Records created under section 705 of
Title 17 are open to public inspection, no identity verification is
necessary for individuals who wish to know whether a system of records
created under section 705 pertains to them.
[43 FR 776, Jan. 4, 1978, as amended at 47 FR 36821, Aug.24, 1982; 50 FR
32697, Aug. 14, 1985]
Sec. 204.5 Procedures for requesting access to records.
(a) Individuals desiring to obtain access to Copyright Office
information pertaining to them in a system of records other than those
created under section 705 of Title 17 should make a written request,
signed by themselves or their duly authorized agent, to that effect
either by mail to the Supervisory Copyright Information Specialist,
Information and Publications Section, Information and Reference
Division, Copyright Office, Library of Congress, Washington, DC 20559,
or in person between the hours of 8:30 a.m. and 5 p.m. on any working
day except legal holidays at Room LM--401, The James Madison Memorial
Building, lst and Independence Avenue, SE, Washington, DC.
(b) The written request should identify clearly the system of records
which is the subject of inquiry, by reference, whenever possible, to the
system number and title as given in the notices of systems of records in
the Federal Register. Both the written request and the envelope carrying
it should be plainly marked ``Privacy Act Request.'' Failure to so mark
the request may delay the Office response.
(c) The Office will acknowledge all properly marked requests within
ten working days of receipt; and will notify the requester within 30
working days of receipt when and where access to the record will be
granted. If the individual requested a copy of the record, the copy will
accompany such notification.
[43 FR 776, Jan. 4, 1978, as amended at 47 FR 36821, Aug. 24, 1982]
Sec. 204.6 Fees.
(a) The Copyright Office will provide, free of charge, one copy to an
individual of any record pertaining to that individual contained in a
Copyright Office system of records, except where the request is for a
copy of a record for which a specific fee is required under section 708
of Title 17 of the United States Code, in which case that fee shall be
charged. For additional copies of records not covered by section 708 the
fee will be a minimum of $7 for up to 15 pages and $.45 per page over
15. The Office will require prepayment of fees estimated to exceed
$25.00 and will remit any excess paid or bill an additional amount
according to the differences between the final fee charged and the
amount prepaid. When prepayment is required, a request is not deemed
`received` until prepayment has been made.
(b) The Copyright Office may waive the fee requirement whenever it
determines that such waiver would be in the public interest.
[43 FR 776, Jan. 4, 1979, as amended at 47 FR 36821, Aug. 24, 1982; 56
FR 59886, Nov. 26, 1991]
Sec. 204.7 Request for correction or amendment of records.
(a) Any individual may request the correction or amendment of a record
pertaining to her or him. With respect to an error in a copyright
registration, the procedure for correction and fee chargeable is
governed by section 408(d) of Title 17 of the United States Code, and
the regulations issued as authorized by that section. With respect to an
error in any other record, the request shall be in writing and delivered
either by mail addressed to the Supervisory Copyright Information
Specialist, Information and Publications Section, Information and
Reference Division, Copyright Office, Library of Congress, Washington,
DC 20559, or in person between the hours of 8:30 a.m. and 5 p.m. on any
working day except legal holidays, at Room LM--401, The James Madison
Memorial Building, lst and Independence Avenue, SE, Washington, DC. The
request shall explain why the individual believes the record to be
incomplete, inaccurate, irrelevant, or untimely.
(b) With respect to an error in a copyright registration, the time
limit for Office response to requests for correction is governed by
section 408(d) of Pub. L. 94-553, and the regulations issued as
authorized by that section. With respect to other requests for
correction or amendment of records, the Office will respond within 10
working days indicating to the requester that the requested correction
or amendment has been made or that it has been refused. If the requested
correction or amendment is refused, the Office response will indicate
the reason for the refusal and the procedure available to the individual
to appeal the refusal.
[43 FR 776, Jan. 4, 1978, as amended at 47 FR 36821, Aug. 24, 1982]
Sec. 204.8 Appeal of refusal to correct or amend an individual's
record.
(a) An individual has 90 calendar days from receipt of the Copyright
Office's response to appeal the refusal to correct or amend a record
pertaining to the individual. The individual should submit a written
appeal to the Register of Copyright, Copyright Office, Library of
Congress, Washington, DC 20559 for the final administrative
determination. Appeals, and the envelopes carrying them, should be
plainly marked ``Privacy Act Appeal''. Failure to so mark the appeal may
delay the Register's response. An appeal should contain a copy of the
request for amendment or correction and a copy of the record alleged to
be untimely, inaccurate, incomplete or irrelevant.
(b) The Register will issue a written decision granting or denying the
appeal within 30 working days after receipt of the appeal unless, after
showing good cause, the Register extends the 30 day period. If the
appeal is granted, the requested amendment or correction will be made
promptly. If the appeal is denied, in whole or part, the Register's
decision will set forth reasons for the denial. Additionally, the
decision will advise the requester that he or she has the right to file
with the Copyright Office a concise statement of his or her reasons for
disagreeing with the refusal to amend the record and that such statement
will be attached to the requester's record and included in any future
disclosure of such record.
Sec. 204.9 Judicial Review.
Within two years of the receipt of a final adverse administrative
determination, an individual may seek judicial review of that
determination as provided in 5 U.S.C. 552a(g)(1).
Other Popular 1995 Privacy Act Documents Documents:
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