US Copyright Office Seeks Public Comment on Proposed Rule to Remove PII from Registration Records | Practical Law

US Copyright Office Seeks Public Comment on Proposed Rule to Remove PII from Registration Records | Practical Law

The US Copyright Office is seeking public comment on a proposed rule allowing authors, copyright claimants, and their authorized representatives to request removal of certain personally identifiable information (PII) from copyright registration records.

US Copyright Office Seeks Public Comment on Proposed Rule to Remove PII from Registration Records

by Practical Law Intellectual Property & Technology
Published on 16 Sep 2016 • USA (National/Federal)
The US Copyright Office is seeking public comment on a proposed rule allowing authors, copyright claimants, and their authorized representatives to request removal of certain personally identifiable information (PII) from copyright registration records.
On September 15, 2016, the US Copyright Office published a notice of proposed rulemaking that would allow authors, copyright claimants, and their authorized representatives to remove or replace certain personally identifiable information (PII) from a registration application (81 FR 63440-01, (Sept. 15, 2016)).
The Copyright Office receives a variety of PII from copyright applicants, including:
  • Requested information like dates of birth, home addresses, personal phone numbers, fax numbers, or email addresses (Requested PII).
  • Extraneous or unsolicited information like driver's license numbers, social security numbers, banking information, and credit card information (Extraneous PII).
Creation of the Copyright Office's online public catalog and online registration system led to broader electronic distribution of copyright application information, including PII. When this PII began appearing in easily accessible internet search results, the Copyright Office started receiving requests to remove it from online publication.
In 2008, the Copyright Office developed an informal practice of removing Extraneous PII from the online public catalog and offline records:
  • On its own volition during the registration process.
  • On request after completion of the registration process.
However, for Requested PII, the Copyright Office advised applicants they should not provide any information during the registration process that they did not want published in the online catalog.
The newly proposed rule:
  • Establishes new procedures and standards allowing authors and claimants to ask the Copyright Office to remove or replace Requested PII from the online public catalog. However:
    • the proposed rule would not permit removal or alteration of an author's or claimant's name;
    • requestors must replace addresses with verifiable substitute addresses, such as post office boxes or third-party agents, and cannot eliminate them;
    • complete removal of PII requires that the safety, privacy, or other stated concern substantially outweigh the need for the information to remain in the public record; and
    • the original information would remain available in offline records for public inspection by visitors on request, as required by law.
  • Codifies the existing practice of removing Extraneous PII from both offline records and the online public catalog.
Interested parties may submit written comments no later than October 17, 2016.