Library of Congress Final Rule

2026-16465: Group Registration of Updates to a News Website

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Summary

The U.S. Copyright Office is amending its regulation governing the group registration option for news websites. The final rule amends the definition of a "news website" to clarify the works eligible for this option, as set forth in the May 2026 notice of proposed rulemaking.

The agency’s own summary, as published.

The rule, in full

1,975 words as published, August 13, 2026. View the original →

Federal Register, Volume 91 Issue 155 (Thursday, August 13, 2026) [Federal Register Volume 91, Number 155 (Thursday, August 13, 2026)] [Rules and Regulations] [Pages 52239-52241] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2026-16465] ======================================================================= ----------------------------------------------------------------------- LIBRARY OF CONGRESS Copyright Office 37 CFR Part 202 [Docket No. 2026-5] Group Registration of Updates to a News Website

Agency

U.S. Copyright Office, Library of Congress.

Action

Final rule. -----------------------------------------------------------------------

Summary

The U.S. Copyright Office is amending its regulation governing the group registration option for news websites. The final rule amends the definition of a ``news website'' to clarify the works eligible for this option, as set forth in the May 2026 notice of proposed rulemaking.

Dates

This rule is effective August 13, 2026.

For Further Information Contact

Rhea Efthimiadis, Assistant to the General Counsel, by email at [email protected] or by telephone at (202) 707-8350.

Supplementary Information

On July 22, 2024, the U.S. Copyright Office (``Office'') issued a final rule (``2024 rulemaking'') establishing a group registration option for frequently [[Page 52240]] updated news websites, or ``GRNW.'' \1\ That rule defined ``news website'' as ``a website that is designed to be a primary source of written information on current events, either local, national, or international in scope, that contains a broad range of news on all subjects and activities and is not limited to any specific subject matter.'' \2\ In establishing the definition, the Office explained that it ``encompass[es] news websites that cover current events and provide information on diverse topics.'' \3\ News websites that focus primarily on particular issues, but do not ``limit their coverage to a particular subject matter'' or ``direct [their websites] at narrow or discrete groups of readers'' were intended to fall within the definition.\4\ However, the Office stated that we were amenable to revising the definition if it ``proved too rigid or unworkable'' to administer.\5\ --------------------------------------------------------------------------- \1\ 89 FR 58991 (July 22, 2024). \2\ Id. at 58991 n.8, 58992, 58999 (codified as 37 CFR 202.4(m)(1)(i)). \3\ Id. at 58994. \4\ Id. \5\ Id. --------------------------------------------------------------------------- Since the 2024 rulemaking took effect, the Office has received over four thousand applications under the GRNW option.\6\ During this period, we continued to receive stakeholder feedback on the ``news website'' definition. --------------------------------------------------------------------------- \6\ The number of GRNW applications received by the Office is current as of July 16, 2026. --------------------------------------------------------------------------- Based on the Office's initial experience implementing this group registration option and the stakeholder feedback received, we determined that the definition of ``news website'' should be clarified.\7\ On May 28, 2026, the Office published a notice of proposed rulemaking (``NPRM'') setting forth an amendment to the definition.\8\ As explained in the NPRM, the current definition ``presents recurring questions in its application,'' including that its strict application could inadvertently ``exclude otherwise eligible news websites that focus on a defined subject area or set of topics.'' \9\ The Office proposed amending the definition to clarify the eligible works under this group registration option and sought to ``accommodat[e] a range of modern news publishing practices.'' \10\ Specifically, we proposed that a ``news website'' need not report on ``a broad range of news on all subjects and activities,'' but only ``on a variety of subjects,'' \11\ that its primary function be ``report[ing] on current events,'' and that its news content be ``updated frequently.'' \12\ --------------------------------------------------------------------------- \7\ 89 FR 58991, 58994 (explaining that the Office was willing to ``revisit this issue'' based on ``experience in administering this rule''). \8\ 91 FR 31684 (May 28, 2026). \9\ Id. at 31684 & n.5. \10\ Id. at 31684. \11\ For example, a news website may have a particular lens through which it filters its reporting, such as articles related to technology or entertainment, but may nonetheless report on a variety of subjects within that topic area. News/Media Alliance (``NMA'') Comments at 3 (``Specialized outlets often cover their topics and related issues from various angles with, for example, a video gaming website covering game reviews, business developments, product announcements, related popular culture, and investigative journalism into the gaming industry as a whole. Similarly, a business-oriented publication may cover travel, leisure, or real estate, and a sports website may include investigative reporting on issues ranging from doping to sexual harassment, in addition to athletic coverage and equipment reviews. All share the hallmarks of news publishers.''). \12\ 91 FR 31684; 89 FR 58991, 58994. --------------------------------------------------------------------------- The Office received seven comments in response to the NPRM, and has carefully reviewed and considered each of them. The comments generally supported the Office's proposed amendment to the ``news website'' definition.\13\ Multiple commenters lauded the proposed definition, predicting that it would encourage registration.\14\ The National Association of Broadcasters (``NAB'') stated that the rule ``promotes broader participation in the registration system and strengthens the ability of news publishers to protect their online copyrighted content.'' \15\ Public Knowledge asserted that the definition ``appropriately excludes websites whose primary purpose is to deliver marketing, promotion, or other activities that do not constitute news reporting'' and ``sustains the integrity of the registration process while maintaining broad access for qualifying publishers.'' \16\ News/Media Alliance (``NMA'') commended the proposed new definition, noting that ``GRNW is a substantial success story'' and ``applaud[ing] the Office for listening to stakeholder feedback and for introducing this proposed rule.'' \17\ --------------------------------------------------------------------------- \13\ NMA Comments at 3 (``[T]he revised definition is a welcome change that will increase access to the registration system and reduce confusion by applicants, to the benefit of publishers, the Copyright Office and Library, and ultimately the overall public.''); Public Knowledge Comments at 1 (``The proposed definition provides needed flexibility without undermining the purpose of the group registration system.''); Am. Ass'n of Independent Music (``A2IM'') Comments at 1 (stating that they ``do not oppose'' the rule and that it is a ``sensible administrative improvement''); Am. Intell. Prop.

L. Ass'n (``AIPLA'') Comments at 1 (suggesting that the phrase

``related to one or more topics'' would further clarify eligibility, but supporting the ``overarching goals and purposes'' of the amendment); Copyright All. Comments at 2 (``We support the proposed revision because it provides clarity that the final rule does not unnecessarily restrict or leave out certain news publishers from benefitting from this group registration option.''); Nat'l Ass'n Broad. (``NAB'') Comments at 1 (``NAB supports the proposed amendment and appreciates the Office's continued efforts to refine its regulations based on implementation experience and stakeholder feedback.''). But see Nat'l Writers Union (``NWU'') Comments at 1-6 (reiterating their comments from the 2024 rulemaking and proposing substantive changes to the GRNW registration option, which would substantially change the scope of this rulemaking). \14\ NAB Comments at 2; Copyright All. Comments at 3, NMA Comments at 3; Public Knowledge Comments at 2. \15\ NAB Comments at 2. \16\ Public Knowledge Comments at 2. \17\ NMA Comments at 2, 6. --------------------------------------------------------------------------- Commenters further stated that the proposed definition better reflects the specialization and reality of news publishing.\18\ Copyright Alliance explained that digital news is increasingly ``tailored toward particular topics of interest as readers are often looking to read individual news articles on specific subjects or issues.'' \19\ NMA stated that the rulemaking ``respects . . . the operational realities of modern news media,'' as news outlets are driven by user demand, which often results in ``subject-matter focused publications'' due to readers' ``fragment[ed]'' interests.\20\ The proposed amendment improves on the original definition of ``news websites'' by better accounting for this reality. --------------------------------------------------------------------------- \18\ Copyright All. Comments at 2, 3; NMA Comments at 3; NAB Comments at 2; Public Knowledge Comments at 1. \19\ Copyright All. Comments at 2. \20\ NMA Comments at 3. --------------------------------------------------------------------------- Some commenters argued that the Office should expand the eligibility for GRNW even further,\21\ or otherwise [[Page 52241]] provided comments outside the scope of this rulemaking.\22\ These additional suggestions, many of which the Office considered and responded to in the 2024 rulemaking,\23\ do not provide any reason to delay clarifying the definition of ``news websites'' as proposed.\24\ --------------------------------------------------------------------------- \21\ AIPLA proposed additional regulatory language specifying that ``news websites'' includes those that report on only one topic. AIPLA Comments at 2 (defining news website as ``a website that is primarily designed to be a source of written information on current events related to one or more topics, either local, national, or international in scope''). AIPLA argued that this change would ensure that news websites with an industry-specific focus are eligible. Id. (citing WIRED.com as an example). The Office appreciates this proposal but declines to incorporate it into the ``news website'' definition. As noted in footnote 11 supra, industry-specific websites--such as those focused on technology or entertainment--are covered by the Office's amended definition even without AIPLA's proposed addition, so long as they report on a variety of subjects within the area of focus. \22\ See NMA Comments at 5 (proposing removal of work made for hire requirement and expanding format eligibility to include mobile applications); NWU Comments at 1-6 (proposing removal of work made for hire requirement and creating a new group registration option for web content generally); AIPLA Comments at 1-2 (proposing expanding format eligibility to include nonwritten content); A2IM Comments at 1 (proposing creation of new group registration option for music). \23\ See 89 FR 58991, 58995-96 (July 22, 2024) (noting the administrative challenges to removing the work made for hire eligibility requirement); id. at 58994 (explaining that ``[t]o the extent that news publishers seek to register the works published on the app, a registration for a newspaper or a news website would protect those works if they contain the same content''); id. at 58992 (explaining that NWU's proposal to remove the ``news'' requirement ``would substantially change its scope''). \24\ The Office continues to consider how to make the statutory benefits of registering works of authorship more accessible, and we recognize the ongoing stakeholder interest in additional group registration options. We have sought public input on such options, as we continue development of the new Enterprise Copyright System (ECS) which will enhance access to registration and other services. See 91 FR 14724 (Mar. 26, 2026); U.S. Copyright Office, Proposed Schedule of Fees to Go Into Effect in Fall 2026 at 28-29, 42 (July 14, 2026), https://www.copyright.gov/rulemaking/feestudy2026/proposed-fee-schedule.pdf. --------------------------------------------------------------------------- The Office will adopt the final rule effective immediately.\25\ Because this rulemaking seeks to remove a restriction and expand eligibility for the GRNW registration option, we find good cause to do so.\26\ --------------------------------------------------------------------------- \25\ Two commenters requested that the final rule take effect immediately. Copyright All. Comments at 2 (``It is our hope that this proposed rule can go into effect as soon as possible so that news publishers that have been uncertain of whether their website content is eligible for this group registration . . . imminently register their works using this option.''); NMA Comments at 5 (``[T]he proposed update would best promote administrative efficiency, and any delay would be unnecessary or contrary to the public interest.''). \26\ 5 U.S.C. 553(d)(1), (3). --------------------------------------------------------------------------- List of Subjects in 37 CFR Part 202 Copyright, Copyright claims, preregistration and registration. Final Regulations For the reasons set forth in the preamble, the Copyright Office amends 37 CFR part 202 as follows: PART 202--PREREGISTRATION AND REGISTRATION OF CLAIMS TO COPYRIGHT 0

2. Amend Sec. 202.4 by revising paragraph (m)(1)(i) to read as

follows: Sec. 202.4 Group registration. * * * * * (m) * * * (1) Definitions. For the purposes of paragraph (m) of this section: (i) News website means a website that is primarily designed to be a source of written information on current events, either local, national, or international in scope. * * * * * Dated: August 10, 2026. Shira Perlmutter, Register of Copyrights and Director of the U.S. Copyright Office. Approved by: Robert Newlen, Acting Librarian of Congress. [FR Doc. 2026-16465 Filed 8-12-26; 8:45 am] BILLING CODE 1410-30-P

What this changes

Amends 1 part of the Code of Federal Regulations — the standing rules this notice rewrites.

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