cover letter good definition

In an increasingly digitized world, where customer-centric strategies are vital for business success, I am thrilled to apply for the [Job Title] position at HubSpot."

Unhelpful Cover Letter Introduction:

"To Whom it May Concern,

I am applying for the [Job Title] position at HubSpot. I have some experience in marketing and can help your clients grow their businesses."

Relevant Professional Experience

It can be tempting to use the same cover letter for every job. After all, it‘s about your experience, isn’t it? But it's not enough to rephrase the work history in your resume.

Recruiters and hiring managers are looking to fill a specific role, so you need to show how your experience translates to their unique needs.

So, the body of a great cover letter should showcase the specific professional experiences that are relevant to the job you're applying for. Emphasize your accomplishments and skills that directly relate to what the job needs.

To speed up this part of the cover letter writing process, start by creating a list of your transferable skills . Drafting this list can help you quickly focus on the skills to highlight in your cover letter.

Then, use AI tools to summarize job descriptions and narrow in on where your experience and the needs of the role you're applying for overlap. This post is full of useful AI assistant tools if you're new to AI.

Helpful Cover Letter Experience:

“At [Company Name], I had the opportunity to assist a global ecommerce retailer in enhancing their online customer experience. By conducting in-depth market research and customer journey mapping, I identified pain points and areas of improvement in their website navigation and user interface.”

Unhelpful Cover Letter Experience:

“I also worked with an ecommerce retailer to improve the customer experience. We did some surveys and training, and they were happy with the results.”

Useful Examples

To make your cover letter stand out, add specific examples that show how you've solved problems or gotten results in past roles.

Quantify your accomplishments whenever possible, using data to give the reader a clear understanding of your impact.

Helpful Cover Letter Example:

“I lead a team of five content writers while increasing website traffic by 18% year-over-year.”

Unhelpful Cover Letter Example:

“I have a great track record of leadership and achieving fantastic results.”

Research and Company Knowledge

Hiring teams aren‘t hiring anyone with the skills to do the job. They’re hiring a person they'll work alongside at their specific company.

So, to show that you‘re not just looking for any job anywhere, share your knowledge of the company’s industry, values, and culture in your cover letter.

Spend some time on the company website and take notes on what makes this business interesting to you and why you would want to work there.

Then, explain how your skills align with the company's mission and goals and explain how you could add to their chances of success. This will showcase your interest in the company and help them see if you are a good cultural fit.

Helpful Cover Letter Research:

“I was particularly drawn to HubSpot not only for its industry-leading solutions but also for its exceptional company culture. HubSpot's commitment to employee development and fostering a collaborative environment is evident in its recognition as a top workplace consistently. I strongly believe that my passion for continuous learning, self-motivation, and dedication to contributing to a team will make me a valuable asset to HubSpot.”

Unhelpful Cover Letter Research:

“I have been inspired by HubSpot's commitment to inbound marketing and its comprehensive suite of solutions. HubSpot's dedication to providing valuable content and fostering meaningful relationships aligns with my own values and aspirations.”

Clear Writing

Your cover letter needs to pack in a lot of important information. But it's also important that your cover letter is clear and concise.

To accomplish this, use professional but easy-to-understand language. Be sure to remove any grammar or spelling errors and avoid lengthy paragraphs and avoid jargon or overly technical language.

You may also want to use bullet points to make your letter easier to skim. Then, proofread your cover letter for clarity or ask a friend to proofread it for you.

• Guide to Becoming a Better Writer
• Tips for Simplifying Your Writing

Helpful Cover Letter Writing:

"In addition to my academic accomplishments, I gained valuable practical experience through internships at respected law firms.

Working alongside experienced attorneys, I assisted in providing legal support to clients. This hands-on experience helped me develop a deep understanding of client needs and enhanced my ability to effectively communicate complex legal concepts in a straightforward manner."

Unhelpful Cover Letter Writing:

"Furthermore, as a complement to my academic accomplishments, I have garnered invaluable practical experience through internships at esteemed law firms.

Throughout these placements, I actively collaborated with seasoned attorneys to conduct due diligence and furnish clients with comprehensive legal support. Notably, these experiences fostered a profound comprehension of client necessities, whilst honing my legal acumen to articulately convey intricate legal principles within a lucid and concise framework, adhering to applicable precedents and statutes of limitations."

Genuine Interest and Enthusiasm

Find ways to convey your passion for the role and how excited you are to contribute to the company you're applying to. At the same time, make sure your interest feels authentic and outline how it aligns with your career goals.

Your ultimate goal is an enthusiastic letter that feels honest and leaves a lasting positive impression.

Showing excitement in writing doesn't come naturally for everyone. A few tips that can help you boost the genuine enthusiasm in your letter:

• Record audio of yourself speaking about the role, then use voice-to-text technology to transcribe and add these sections to your letter.
• Choose your words carefully .
• Write in active voice.

Helpful Cover Letter Tone:

“I am genuinely enthusiastic about the prospect of joining [Company/Organization Name] as an accountant. My combination of technical proficiency, eagerness to learn, and strong attention to detail make me an ideal candidate for this role. I am confident that my dedication, reliability, and passion for accounting will contribute to the continued success of your organization.”

Unhelpful Cover Letter Tone:

“Honestly, I can hardly contain my excitement when it comes to reconciliations, financial statement analysis, and tax regulations! Engaging in spirited discussions with professors and classmates has allowed me to foster an unbreakable bond with the fascinating world of accounting, and I'm positively bursting with enthusiasm at the prospect of applying my skills in a professional setting.”

Memorable Conclusion

End your cover letter on a strong note. Summarize your top qualifications, restate your interest in the position, and express your interest in future communication.

Then, thank your reader for their time and consideration and include your contact information for easy follow-up.

To make your conclusion memorable, think about what parts of your letter you‘d most like the hiring manager to keep top of mind. Then, consider your word choice and phrasing. If you’re feeling stuck, this list of ways to close an email can help.

Helpful Cover Letter Conclusion:

"Thank you for considering my application. I am excited about the opportunity to further discuss how my qualifications align with the needs of Greenpeace. Please feel free to contact me at your convenience to arrange an interview.

Together, let's make a lasting impact on our planet.

[Your Name]"

Unhelpful Cover Letter Conclusion:

"Thank you for considering my application. I look forward to the possibility of discussing my qualifications further and how I can contribute to Greenpeace's mission. Please feel free to contact me at your convenience to arrange an interview.

I’d like to add another stage to the job search: experimentation.

In today’s competitive landscape, it’s so easy to feel defeated, less-than-good-enough, or like giving up your job search.

But don’t let the process become so monotonous. Have fun discovering the qualitative data I’ve discussed here — then, have even more by getting creative with your cover letter composition.

I certainly can’t guarantee that every prospective employer will respond positively — or at all — to even the most unique, compelling cover letter. But the one that’s right for you will.

So, get inspired by these examples and templates. Write an incredible cover letter that shows the hiring team at your dream job exactly who you are.

Editor's note: This post was originally published in October 2020 and has been updated for comprehensiveness. This article was written by a human, but our team uses AI in our editorial process. Check out our full disclosure to learn more about how we use AI.

Don't forget to share this post!

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General Cover Letter: 15 Cover Letter Templates to Perfect Your Next Job Application

Is a Cover Letter Necessary in 2024?

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The Ultimate Guide to Writing a Cover Letter

Eight Cover Letter Greetings for Every Situation

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What Is a Cover Letter and How to Write One? (Expert Guide)

A cover letter is an integral part of the job search process . Often, a good cover letter is what gets you the job. However, not many people know how to write a good one. Some may not even know what a purpose of a cover letter is.

In this expert guide, you can find not only a definition of what is a cover letter and how to write a good cover letter, but also tips on how to structure it and send it. Finally, get inspired by the examples, that our experts prepared for you.

Keep on reading and you will also learn:

• why do you need a cover letter;
• what types of cover letters exist;
• the difference between a cover letter and a letter of interest;
• the difference between a cover letter and a motivation letter;

Find out your resume score!

What is a cover letter (Definition + Purpose + Types)

The purpose of a cover letter is to introduce yourself to your future potential employer.

A cover letter illustrates your background and explains why the offered position would be a good fit for you. In a cover letter, you have a unique chance to present yourself, show your personality, and add details that one cannot fit into a structured resume.

In addition, with your cover letter, you can also make up for the lack of previous experience. That is if you can make your enthusiasm and positive qualities shine through.

Over the years the importance of a cover letter grew significantly, and a cover letter became a standardized part of the process of a job application.

With the highly competitive job market, a resume alone – no matter how strong – is simply not enough to get hired. In fact, in 45% of cases, the reason for not being called to an interview is a missing cover letter.

What is the difference between a cover letter and a letter of interest?

While the cover letter and a letter of interest are rather similar, there is a subtle difference between these two. Based on the specific circumstances in which you find yourself, you can decide which one is the right one to write.

• A letter of interest  is commonly used in situations when there is NO specific job opening. You send a letter of interest when you find a company interesting, and you believe you would fit in well. However , you are not applying for a concrete job position. Therefore, you can write about your skills and professional experiences more broadly so you can make yourself available to a wider range of possible positions . Furthermore, in a letter of interest, you can always politely request an interview.
• A cover letter  is   a response to a concrete job opening. Therefore, you focus on a more limited set of qualities that would make you the perfect candidate for this specific role.

Moreover, a cover letter always comes hand in hand with a resume. Because of that, a cover letter should always mention your CV and match it. In a cover letter, you can also elaborate on the information, which is already listed in your resume.

If you want to learn how to write a good resume, have a look at our ultimate resume guide . You can even  turn your LinkedIn profile into a polished resume .

What is the difference between a cover letter and a motivation letter? 

If you are deciding whether to write a cover letter or a motivation letter , it is again important to look at the situation in which you find yourself.

One writes a motivation letter when applying for a study program, a university placement, or a volunteering position. In a motivation letter, you should first and foremost focus on expressing your enthusiasm. Moreover, in a motivation letter, you can put the focus on your personality and on what makes you unique.

In the cover letter, you are advised to do this too; however, the key thing is to demonstrate why are you the perfect fit for a specific role. A cover letter also tends to be shorter than an average motivation letter.

What are different types of cover letters?

When it comes to the cover letter itself, there are three standardized types of cover letters . Each type has a slightly different format. Therefore, it is important to correctly identify which type of cover letter you need and adjust its format accordingly.

Networking cover letter

This very specific type of cover letter is sent out to your professional network in a situation when you are looking for a job but there is no specific job opening to which you are reacting. However, you want to inform your connections that you are open to a new role.

While using your network to get a job is usually the right move, one needs to be extra careful when sending out a networking cover letter. It needs to be formulated with politeness and delicacy.

Unofficial cover letter

Sometimes, only a resume is required by the company. In this situation, it is not necessary to attach an official structured cover letter.

Nonetheless, if you want to demonstrate the depth of your interest and elaborate on your professional experience in more detail, you can always write a short, un-official, and more casual cover letter. It should not follow the strict cover letter format and it can be only around two paragraphs long.

If you want to, you can even place it in the body of an email, to which you are attaching your CV.

Application cover letter

This is the standard and most common type of cover letter. You write it when you want a specific job position for which you saw an opening.

There are several unwritten rules on how to write it. So, if you are asking what makes a good cover letter and what you should do to write one, just scroll down to the next chapter.

How to write a cover letter in 2022

Writing a good cover letter is not as hard as it may seem at first. There are a few unspoken rules that if you follow, you have a high chance of being called for an interview. All you need to know is what to include in your cover letter and how to format it.

What to include in your cover letter and what is the cover letter structure?

If you are wondering what to put in your cover letter and how to structure it, what follows is a simple step-by-step list of elements that cannot be missing from a good cover letter.

At the start of your cover letter , you should have the correct heading and contact information. Don’t forget, this is your one chance to make a good first impression. Always include:

• your full name in large font as a heading. Possibly, you can also use a catchphrase, if you really want the attention of the recruiter; 
• follow it by contact details, such as a phone number or email;
• include the information about your employer: such as the name of the recruiting person (if applicable), the name of the company, the address, phone number, and an email address;
• address the cover letter to the person who is listed as a recruiter/hiring manager. If their name and contact details are not available online, go for the standard " Dear Sir/Madam" ;
• don’t forget to mention how you came across the offer - their webpage, LinkedIn, or a friend who works there already;

In the body of the cover letter, write about your professional skills, past experiences, and hopes and aspirations for your professional future. Describe how your previous experiences shaped you and why does it make you the perfect fit for the job. Mention also that this job is, in exchange, a good fit for you, too.

Here, you should not exceed three paragraphs. Don't be repetitive, or too descriptive - rather demonstrate your qualities. 

At the end of a cover letter, try to   catch the attention of the recruiter again. Emphasize your motivation and repeat, why are you the right person for the job.

Never forget to thank the hiring manager for their time and express your high hope for hearing back from them. Mention your resume and remember to sign the letter with your full official name.

Cover letter formatting  

The cover letter is usually read by the HR department. In large corporates, there are on average 250 applicants per one open position. Because of this, the hiring manager has an extremely limited time to look at your cover letter. Thanks to this, you must make sure your cover letter is simple, not too long, well-structured, and easy to read.

• Your cover letter must have the correct length. A cover letter should never exceed one A4 page. At the same time, it should not be shorter than half a page. A good cover letter is 250-300 words long, with 400 words being the maximum limit.
• It consists of approximately three to four paragraphs and the maximum acceptable number of paragraphs is six.
• The best font to use for a cover letter is a classic, simple, and professional one. For instance, with the good-old Arial, Calibri , or Times New Roman, you can never make a mistake. However, if you work in a creative business, you can always consider using a more eye-catching design. Remember though, it should always remain easy to read and navigate.
• The size of letters should be between 10.5 and 12, the margins 1 or 1.5.  

If you want to have a clearer idea about how to write the perfect cover letter, have a look at this video tutorial . 

How to write a cover letter with no experience

If you are in an early stage of your career and only fresh out of school, do not despair. A cover letter can be your biggest help in this situation. As opposed to your resume, in a cover letter, your positive attitude can change a lot. Make it clear how enthusiastic and eager to learn you are.

Focus on your qualities, skills, extracurricular, or volunteering experience. Possibly, you may have some related experience from your personal life. If it is truly relevant, include it, too.

How experts do it: best cover letter examples

Now that you know what a finished cover letter looks like and how to write one, you can get inspired by cover letter examples written by our experts. This will make sure that from now on you will write truly perfect cover letters.

Example 1: Cover letter for the position of nanny

Example 2: Cover letter for the position of s oftware engineer

Example 3: Cover letter for a position of marketing intern

Have a look at other cover letter examples, too. And you can have a cover letter just like this as well! Just use one of our Kickresume cover letter templates . You can choose a free or a premium one.

Tips for sending a cover letter by email

Once you have the cover letter written, it is time to hit the send. But be careful, don’t make any mistakes that could lead to your application being rejected. Here are some tips on how to send the cover letter properly via email:

• Don’t forget to properly read the instructions written in the job opening. Usually, the instructions are placed at the bottom of the job advertisement. Here, one can find the name and the email address of the hiring manager who will receive the applications. Double-check the information and make sure you address the person in the email, as well as the body of the cover letter.
• Do not forget to write an appropriate email subject, in which you mention the job position and the fact that you are applying for it
• In the email itself, be polite and brief . Remember to mention the Cover Letter in the attachment.
• Make sure your email address sounds professional . Your email must have your full name and surname in it. Nicknames, extra letters, or numbers are not recommended.
• Don’t forget to attach the cover letter, and/or Resume. We have all forgotten to attach something before. However, do not let it happen in this instance – you have only one chance to make a good first impression.
• Save the cover letter properly. Use a format, which is easy to open for most computers (such as .pdf). Don’t forget to name the document properly – mention your name, the position for which you are applying, and consider adding a date. Always match it with the name of your CV.
• Don’t forget to thank the recruiter for their time. Politeness can get you far.
• End the email with your full name and best regards. Be official and professional, this is no time for being casual.

Other cover letter tips and ideas

• Make it easy to read, always. A simple and larger font, shorter sentences, and captivating beginning of paragraphs will get you far.
• Put the most important information at the beginning.
• Do not send the same cover letter to multiple openings. Always tailor the perfect resume for each job offer.

And there you go! Now when you know how to write the perfect cover letter. For the best result, use one of our Kickresume cover letter templates! 

Kickresume wishes you the best of luck with your application. Get that dream job!

Kaja Jurčišinová

Kaja Jurcisinova is a fresh graduate and a junior copywriter at Kickresume. Kaja completed her undergraduate degree in Art History at the University of St Andrews in 2018 and graduated with a Master’s in Arts and Culture from the University of Groningen in 2021. She was an intern at multiple cultural institutions across Europe, including the Dutch Museum Association in Amsterdam, the Matter of Art Biennale in Prague, and the European Cultural Centre in Venice. At the moment, she resides in Visby on the Swedish island of Gotland.

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What Is a Cover Letter for a Job? Definition and Examples

A cover letter is a personalized document submitted alongside your resume or CV when applying for a job. It is designed to introduce yourself to the employer, showcase your qualifications, and establish a connection with the hiring manager.

Cover letters are crucial in the job application process, as they are the first impression you give to a potential employer. They demonstrate your communication skills, highlight your unique strengths that align with the job requirements, and show the employer that you have put in the effort to tailor your application specifically to them.

In this article, we will cover the essential elements of a cover letter, including the structure, content, and format. We’ll also provide you with tips on how to make your cover letter stand out and share specific examples that you can use as inspiration.

Specifically, we will discuss:

• The purpose of a cover letter
• The different types of cover letters
• The structure and format of a cover letter
• How to tailor your cover letter to the job and company
• Tips on how to write an effective cover letter
• Examples of successful cover letters

Whether you are a recent graduate or a seasoned professional, this article will provide you with the knowledge you need to create a compelling cover letter that will impress any employer. So, let’s get started!

The Definition of a Cover Letter

Defining what a cover letter is.

A cover letter is a one-page document that accompanies your resume when applying for a job. It provides a personalized introduction to the employer and serves as a sales pitch highlighting your qualifications, skills, and experience.

Explaining the Purpose of a Cover Letter

The purpose of a cover letter is to showcase your interest in the job and the company while presenting yourself as the best candidate for the position. It should not duplicate the content of your resume but rather expand on it by providing specific examples of how your skills match the job requirements.

A cover letter is also an opportunity to demonstrate your writing skills and personality. It should be carefully crafted and tailored to the employer’s needs to make a positive impression and stand out from other applicants.

Differentiating a Cover Letter from a Resume

While a resume provides a comprehensive summary of your work history, education, and achievements, a cover letter is more focused on your motivation and fit for the specific job.

A resume is typically structured in a chronological or functional format, whereas a cover letter follows a specific format with a heading, introduction, body paragraphs, and a closing.

A cover letter is an essential job application tool that complements your resume and allows you to shine as a candidate. By personalizing your application and demonstrating your fit for the job, you can increase your chances of landing an interview and securing the job you want.

The Purpose of a Cover Letter

One of the most critical components of a job application is a cover letter. It provides the candidate with an opportunity to introduce themselves and explain why they are an excellent fit for the position. The following section explores why a cover letter is essential for job seekers and highlights the benefits of including it in a job application.

Demonstrating Why a Cover Letter is Important for Job Seekers

A cover letter is the first part of your job application that a recruiter or employer will see. Therefore, it is essential to make a positive first impression. The cover letter should highlight your strengths, experiences, and qualifications that are relevant to the job description. It should be well-structured, error-free, and customized for the specific job you are applying for.

Cover letters provide the candidate with an opportunity to explain their motivation for applying for the job. They can also showcase their personality, communication skills, and writing style. A well-crafted cover letter can set the tone for the entire application and make the candidate stand out from other applicants.

Exploring the Benefits of Including a Cover Letter with a Job Application

Including a cover letter with a job application has several benefits. Firstly, it shows initiative and effort, indicating that the candidate is genuinely interested in the job. It also demonstrates attention to detail and professionalism.

A cover letter can also provide valuable insights that may not be apparent from the resume alone. It allows the candidate to elaborate on their skills and experiences, as well as to address any gaps or challenges in their career history. Additionally, a cover letter provides an opportunity to express enthusiasm for the company and the position.

Furthermore, a cover letter can help job seekers overcome potential obstacles or barriers. For instance, if the candidate is transitioning into a new career, lacks relevant experience or has gaps in employment history or has faced any limitations such as disabilities, a cover letter can be a valuable tool to address these concerns sensitively.

A cover letter is a crucial component of job seeking. It can make the difference between landing an interview and getting passed over. By demonstrating motivation, professionalism, and enthusiasm for the position, a well-crafted cover letter can set the applicant apart from the competition. Therefore, job seekers should take the time to create an outstanding cover letter that highlights their strengths and illustrates why they are the best fit for the job.

The Basic Cover Letter Format

When it comes to formatting your cover letter, it’s important to stick to a standard structure that potential employers expect to see. Here is a breakdown of the basic cover letter format:

Heading and contact information

At the very top of your cover letter, include your name, address, phone number, and email address. Next, include the date you are sending the letter and the contact information for the employer, including their name, title, company, and address.

Begin your cover letter with a salutation, such as “Dear Hiring Manager” or “Dear [employer’s name]”. It’s important to address the letter specifically to the person who will be reviewing your application.

Opening paragraph

In the opening paragraph, introduce yourself and explain why you are interested in the position. If someone referred you to the job, mention their name and connection to the employer.

Body paragraphs

The body of your cover letter should highlight your qualifications and explain why you are the best candidate for the job. Use specific examples from your work experience or education to demonstrate your skills and achievements.

Closing paragraph

In the closing paragraph, thank the employer for considering your application and express your enthusiasm for the opportunity to interview. Include your contact information again and invite the employer to contact you with any further questions.

End the letter with a professional closing, such as “Sincerely” or “Best regards”, and sign your name.

Tone and style of writing

When it comes to the tone and style of your cover letter, it’s important to strike a balance between professionalism and personality. You want to sound knowledgeable and competent, but also friendly and engaging. Here are some tips for writing an effective cover letter:

• Use a conversational tone, but avoid slang or casual language.
• Tailor your language to the specific job and company you are applying to. Use keywords from the job description and research the company culture to get a sense of the appropriate tone.
• Show enthusiasm and passion for the job, but avoid going overboard or sounding desperate.
• Be confident and assertive, but also humble and gracious.
• Use examples and anecdotes to demonstrate your skills and qualifications, but avoid rambling or repeating information from your resume.

By following the basic cover letter format and using an appropriate tone and style, you can create a compelling letter that stands out to potential employers and increases your chances of landing the job.

How to Write a Cover Letter

In this section, we will provide a step-by-step guide to creating a successful cover letter.

Paragraph 1: Introduction

The first paragraph is your chance to introduce yourself to the employer and explain why you’re interested in the position. Start off with a clear and concise statement of the job you’re applying for and where you saw the opening. You can also include a sentence or two about your qualifications and why you’d be a good fit for the role. Remember to keep it brief and to the point.

Paragraph 2: Your Qualifications

In the second paragraph, highlight your qualifications and experiences that match the job description. Be specific and use examples to demonstrate your skills and achievements. This is your chance to prove that you have what it takes to succeed in the role. Make sure to use keywords from the job description to show that you understand the requirements of the position.

Paragraph 3: Your Value Proposition

The third paragraph is where you can really sell yourself. Explain what sets you apart from other applicants and why the employer should hire you. This is your opportunity to showcase your strengths and explain how you can bring value to the company. You can also use this paragraph to express your enthusiasm for the company or industry.

Paragraph 4: Call to Action

In the final paragraph, thank the employer for considering your application and reiterate your interest in the position. End with a strong call to action, such as expressing your availability for an interview or follow-up call. Remember to include your contact information, such as your phone number and email address, so the employer can easily reach you.

By following this step-by-step guide, you can create a strong and effective cover letter that will help you stand out from the competition. Keep in mind that every cover letter should be tailored to the specific job and company you’re applying to. Good luck!

Specific Details to Include in a Cover Letter

When it comes to writing a cover letter, including specific details can greatly enhance your chances of landing your dream job. Here are some examples of information that should be included in your cover letter:

• Contact information:  Your full name, phone number, email address, and home address. This info helps the hiring manager contact you quickly and easily.
• Job reference number or title:  If the job you are applying for has a reference number, include it in your cover letter. If not, it’s essential to mention the job title in your introduction.
• Dates of availability:  Let the hiring manager know when you’re available to start the job. This detail helps the employer to determine your readiness and to plan accordingly.

Crafting a perfect cover letter for a job isn’t just about including the necessary details. It is also essential to tailor the cover letter to the job posting and company. Here are some tips to do so.

Tips for Tailoring the Cover Letter to the Company and Job Posting

• Research the company:  Before writing a cover letter, research the company to understand how they operate and their values. Use this information to personalize the cover letter.
• Match your skills to the job:  The job posting lists the required skills and qualifications. Make sure to mention them and link them to your experience and skills.
• Use the right tone of voice:  The tone of the cover letter should align with the company’s values and culture. If the company is serious and formal, use a professional tone. If it’s more relaxed, your tone can be conversational.
• Address the hiring manager by name:  Addressing the hiring manager by name shows professionalism and interest in the job.
• Highlight your achievements:  In the main paragraphs of your cover letter, highlight your significant achievements that relate to the job posting.

It is essential to follow these tips to create a compelling and personalized cover letter that catches the hiring manager’s attention. By focusing on the specific information and tailoring the letter to the company, you increase your chances of standing out among the other candidates.

How to Customize a Cover Letter

When applying for a job, it’s important to customize your cover letter to the specific job posting. This helps to show your potential employer that you have a genuine interest in the position and that you understand what they’re looking for. Here are some tips on how to effectively customize your cover letter for different job postings.

1. Research the Company

Before you start writing your cover letter, it’s important to research the company you’re applying to. Look for information on their mission statement, values, and any recent news or events. This will give you a better understanding of what they’re looking for in a candidate and help you tailor your letter accordingly.

2. Use the Job Description

The job description is your guide to what the employer is looking for in a candidate. Read it carefully and make note of the qualifications, skills, and experience they’re seeking. In your cover letter, use this information to highlight your relevant experience and qualifications.

3. Show Your Enthusiasm

When customizing your cover letter, it’s important to show enthusiasm for the job and company. Use specific examples from your research and experiences to demonstrate why you’re excited about the opportunity. This can help to set you apart from other applicants and show that you’re genuinely interested in the job.

4. Address Specific Concerns

If there are any specific concerns or requirements mentioned in the job posting, make sure to address them in your cover letter. For example, if the employer is looking for someone with experience working with a certain software program, mention your experience with that program specifically.

5. Keep it Professional

While you want to customize your cover letter, it’s also important to keep it professional. Avoid using slang or overly casual language, and make sure to proofread carefully for any spelling or grammar errors.

Customizing your cover letter may take some extra time and effort, but it can make a big difference in your job search. By showing the employer that you understand their needs and are enthusiastic about the job, you’ll be more likely to stand out from other applicants and land your dream job.

Common Mistakes to Avoid in Cover Letters

In order to create an effective cover letter, it is important to understand the common mistakes that many applicants make. Here are some common mistakes to avoid:

1. Repeating Information from Your Resume

It is important to remember that your cover letter is not simply a summary of your resume. One of the biggest mistakes that applicants make is repeating information from their resume in their cover letter. Instead, use your cover letter to highlight specific achievements and experiences that demonstrate your qualifications for the position.

2. Writing a Generic Letter

Another mistake that many applicants make is writing a generic cover letter. This means that they use the same cover letter for every job application. Instead, tailor your cover letter to the specific position you are applying for. Research the company and the job requirements, and use this information to customize your letter.

3. Focusing Too Much on Yourself

While your cover letter is a chance to sell yourself, it is important to remember that the letter should focus on how you can benefit the company, not just on your own achievements. Make sure that you highlight how your skills and experience can help the company succeed.

4. Making Grammar and Spelling Mistakes

It may seem obvious, but it is important to make sure that your cover letter is free from grammar and spelling mistakes. A poorly written letter can create a negative impression and may even result in your application being rejected. Proofread your letter carefully before submitting it.

5. Failing to Follow Instructions

Many job postings include specific instructions for submitting a cover letter. Failing to follow these instructions can make a bad impression on the hiring manager. Make sure that you carefully read the job posting and follow all instructions for submitting your cover letter.

Suggestions for Avoiding These Mistakes

To avoid making these common mistakes, take the time to carefully craft your cover letter. Research the company and the position, and use this information to personalize your letter. Highlight specific achievements and experiences that demonstrate your qualifications for the job. And always proofread your letter carefully to avoid embarrassing mistakes. By putting in the effort to create a strong, tailored cover letter, you can increase your chances of standing out to potential employers.

Tips for Writing a Cover Letter

A cover letter is a crucial part of the job application process. It’s a chance to introduce yourself to the hiring manager, highlight your qualifications for the job, and express your interest in the position. To make a great first impression, it’s essential to write an exceptional cover letter.

Here are some helpful tips for writing a standout cover letter:

Do your research:  Before writing your cover letter, research the company and the job you’re applying for. This will help you tailor your letter to the specific position and show the employer that you’ve done your homework.

Include a strong opening:  A strong opening sentence can grab the employer’s attention and make them want to keep reading. Use an attention-grabbing phrase or statistic to start your letter.

Highlight your qualifications:  Your cover letter should highlight your most relevant skills and experience for the job. Use specific examples that show how your past experience can be applied to the position you’re applying for.

Use active voice:  To make your letter more engaging, use active voice rather than passive voice. This will make the letter more dynamic and show the employer that you’re confident and assertive.

Avoid clichés:  Clichés like “I’m a team player” or “I’m a self-starter” are overused and don’t add anything to your letter. Instead, use specific examples to demonstrate these traits.

Be concise and to the point:  Your cover letter should be one page or less and easy to read. Use short paragraphs and bullet points to break up the text and make it easy to scan.

Show enthusiasm:  Your cover letter should express your interest and excitement for the job. Show the employer that you’re passionate about the position and eager to contribute to the company.

By following these best practices, you can write an outstanding cover letter that sets you apart from other applicants and impresses the employer. Remember to proofread your letter carefully and tailor it to each job you apply for. Good luck with your job search!

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Opinion Frank Bruni

What Joe Biden Just Did Is Utterly Extraordinary

Credit... Damon Winter/The New York Times

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By Frank Bruni

Frank Bruni is a contributing Opinion writer who was on the staff of The Times for more than 25 years.

• July 21, 2024

In the hours and days to come, many political observers will say that President Biden was backed into a corner and had no choice but to end his re-election campaign. His limitations had been laid painfully bare. He’d lost the confidence of the Democratic Party. And he was staggering toward an increasingly ugly revolt within it or a potentially harrowing defeat by Donald Trump. Bowing out wasn’t an act of grace. It was a saving of face.

All correct. But that’s not the whole truth. Not the full story. It misses the bigness of what Biden just did — its historical rarity, its emotional agony, its fundamental humility.

Yes, his decision to abandon his aspirations for a second term and let another, younger Democrat seek the presidency came weeks later than it should have, after too much secrecy, too much arrogance, too much denial. He pushed wishful thinking to the limit, scoffing at polls, sniping at the news media and claiming omniscience in a manner that eerily echoed Trump’s populist bluster. (“I’m getting so frustrated by the elites.” “Look at the crowds.”) But that doesn’t erase the enormous impact and extraordinary example of relinquishing his candidacy.

His exit from the presidential race creates a kind and magnitude of uncertainty about who one of the major party’s nominees will be — and what sort of late-stage, rushed operation that person can put together — that has no real precedent in modern American politics. Maybe his endorsement of Kamala Harris and the vice-president’s traditional status as heir apparent will amount to her speedy anointment. Maybe not. She has doubters aplenty, and many prominent Democrats crave a real competition, not a segue from obligatory indulgence of Biden to forced allegiance to Harris.

This is terra incognita. While Republicans in 1964 and Democrats in 1968 began their summer conventions without clarity about the outcome, the candidates in the hunt for the nomination had been making their pitches and jockeying for position for much of the year. They weren’t in a mad dash after a mid-July swerve that has many Americans reeling.

Nor was their party puzzling over what to do in a climate of panic this intense. Democrats aren’t simply thinking and talking about the best way to beat Republicans; they’re thinking and talking about the sturdiest bulwark against a second Trump administration that they rightly consider a dire threat to American democracy itself. And they’re confronting a version of Trump, with his wounded ear and his swollen claims of divine mission, as confident of victory and in command of his followers as he has ever been.

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Group Registration of Updates to a News Website

A Rule by the Copyright Office, Library of Congress on 07/22/2024

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Supplementary information:, i. background, ii. final rule, a. eligibility requirements, 1. works that may be included in the group, i. constitutional challenge, ii. news website limitation, iii. website limitation, 2. scope of collective work, 3. one-month limitation, 4. authorship, ownership, and work made for hire requirements, 5. subjects of inquiry, i. permitted additional title information, ii. permitted archived urls, b. filing fee, c. deposit requirements, 1. “home page” requirement, i. timing of deposit capture, ii. “complete copy”, 2. site maps, 3. additional deposit suggestions, 4. other comments, e. application requirements, f. conclusion, list of subjects, 37 cfr part 201, 37 cfr part 202, final regulations, part 201—general provisions, part 202—preregistration and registration of claims to copyright, enhanced content - submit public comment.

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U.S. Copyright Office, Library of Congress.

Final rule.

The U.S. Copyright Office is creating a new group registration for frequently updated news websites. This option will enable online news publishers to register a group of updates to a news website as a collective work with a deposit composed of identifying material representing sufficient portions of the work, rather than the complete contents of the website. The final rule is nearly identical to the provisions set forth in the January 2024 notice of proposed rulemaking, with one modification in response to public comments and one to reflect a technical change in the process for submitting these claims.

Effective July 22, 2024.

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

The Copyright Act authorizes the Register of Copyrights to specify by regulation the administrative classes of works for the purpose of registration and the deposit required for each class. [ 1 ] In addition, Congress gave the Register the discretion to allow registration of groups of related works with one application and one filing fee. [ 2 ] This procedure is known as “group registration.”  [ 3 ] Pursuant to this authority, the Register has issued several regulations permitting group registrations for certain types of works, including newspapers, newsletters and serials, unpublished works, unpublished and published photographs, contributions to periodicals, secure test items, works on an album of music, short online literary works, and database updates. [ 4 ]

This rulemaking expands the available group registration options because of several factors specifically impacting news websites. Along with receiving requests from online publishers, the Office observed the increase in news content offered online and the dynamic nature of such material. [ 5 ] It also reviewed stakeholder comments in prior proceedings that discussed the challenges associated with registering online news content, including those submitted in response to its 2022 Copyright Protections for Press Publishers report. [ 6 ] Finally, the Office acknowledged the deposit challenges associated with websites, particularly news websites, in its 2011 publication titled Priorities and Special Projects of the United States Copyright Office (October 2011-October 2013) . [ 7 ]

On January 3, 2024, the Office published a Notice of Proposed Rulemaking (“NPRM”) to establish a new group registration option for frequently updated news websites. [ 8 ] The proposed rule would allow an applicant to register a news website as a collective work (including any individual component works it fully owns, such as literary works, photographs, and/or graphics)  [ 9 ] with a deposit composed of identifying material, rather than the complete contents of the website. The proposed rule would also allow registration of the news website and any updates published within one calendar month, if the deposit evidences a sufficiently creative selection, coordination, or arrangement within each collective work to constitute a copyrightable compilation. [ 10 ] Each Start Printed Page 58992 collective work must have been created as a work made for hire, with the same person or entity named as both the author and copyright claimant. The proposed rule stated that applicants would be required to submit their claims through the online copyright registration system, using the application currently in use for a group of newspaper issues. [ 11 ]

The Office received twenty comments in response to the NPRM. [ 12 ] All but one  [ 13 ] supported the Office's proposal to create the new group registration option, though the majority requested various modifications. Two commenters, however, expressly conditioned their support on substantive changes to the rule, which would substantially change its scope. [ 14 ] In general, commenters were interested in expanding eligibility for this option to a greater number of works and changing the deposit requirement. Proposals included revising the definition of “news website,” removing the work made for hire and author/claimant requirements, increasing the time limitation for updates to the news website, clarifying the “home page” deposit requirement, and asking the Office to confirm the scope of remedies for copyright infringement of a collective work. [ 15 ] Finally, one commenter encouraged the Office to “identify opportunities for improvement” and to remain “adaptive to technological changes.”  [ 16 ]

Having reviewed and carefully considered each of the comments, the Office now issues a final rule that is nearly identical to the proposed rule, with one modification reflecting concerns raised by some commenters regarding the “home page” deposit requirement and one modification concerning the application form for this option. These modifications are discussed in more detail below. With respect to requests that we received to expand the scope of the rule, the Office will closely monitor how the new group option performs, including the number and complexity of the claims submitted, the amount of time needed to examine these claims, and the modest filing fee for this option. The Office remains open to revisiting these issues in the future based on this rule's performance.

In the NPRM, the Office proposed to limit this group registration option to updates to a “news website,” defined 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.” As described in the NPRM, the proposed rule stems from the rapid development and predominance of news websites over print newspapers, [ 17 ] and requests from news publishers for a feasible way to register “newspaper websites” that are “updated frequently.”  [ 18 ] Thus, the proposed rule is an extension of the existing group newspaper option that has been available for decades. [ 19 ] Consistent with the Compendium of U.S. Copyright Office Practices, the proposed rule defines a “website” as “a web page or set of interconnected web pages that are accessed using a uniform resource locator (“URL”) organized under a particular domain name.” A number of commenters encouraged the Office to expand the type of works eligible under the rule and recommended revisions to both definitions.

Before turning to the requests to expand the rule, the Office addresses the argument made by a small number of commenters that the proposed group registration option would violate the First Amendment by limiting the option to a particular type of work. In a joint comment, NWU, NPPA, and NASW stated that restricting the option to “news” websites constitutes “[c]ontent-based discrimination,” which they considered “[c]onstitutionally suspect and subject to strict scrutiny” that the rule “cannot meet.”  [ 20 ] In support of this argument, they cited Arkansas Writers Project v. Ragland, 481 U.S. 221 (1987), which reviewed a state sales tax scheme that taxed general interest magazines, but exempted newspapers and religious, professional trade, and sports journals. Because Arkansas “advanced no compelling justification for selective, content-based taxation of certain magazines,” the Supreme Court held the tax scheme invalid under the First Amendment. [ 21 ] Analogizing the tax scheme in Arkansas Writers Project to the proposed registration option, NWU, NPPA, and NASW argued that the exclusion of any web content that does not meet the “news website” definition is unconstitutional. [ 22 ]

Aligned with NWU, NPPA, and NASW, another commenter, Gordon Firemark, contended that, by limiting the group option to updates to news websites, the proposed rule “excludes other types of content from [its] benefits” and denies content creators “relief from the burdens of the current system.”  [ 23 ] He argued that recent Supreme Court precedent concerning trademark registration requires a content-neutral approach. [ 24 ]

The Office disagrees with these arguments. It is correct that the Supreme Court has held that content-based laws—laws restricting or compelling Start Printed Page 58993 speech based on its communicative content—are presumptively unconstitutional, [ 25 ] and subject to strict scrutiny, under which the government must show that the law is the “least restrictive means” of advancing a “compelling” governmental interest. [ 26 ] A regulation can be content-based “on its face,” if its text applies to speech based on the subject matter, topic, or viewpoint of that speech. It can also be content-based if it has a discriminatory purpose that “cannot be justified without reference to the content of the regulated speech” or was “adopted by the government because of disagreement with the message” conveyed. [ 27 ] However, a regulation that places “a differential burden on speakers is insufficient by itself to raise First Amendment concerns.”  [ 28 ] The tax scheme in Arkansas Writers Project was found to violate these principles by being directed at particular subjects, thus targeting a small group within the press. [ 29 ] That is not the case here.

The Office's proposed group registration option is not analogous to the unconstitutional tax statute in Arkansas Writers Project for multiple reasons. First, the option does not restrict or compel speech based on its communicative content. Nor does it favor or disfavor particular topics or subjects, or exclude a small group of the press. [ 30 ] Instead the option is available for updates to news websites that contain a broad range of topics regardless of the content of the speech involved.

Second, the registration option is viewpoint neutral and operates not as a restriction on speech, but as a condition for qualifying for one of many options available to register copyrights, including online websites and other publications. The Standard Application is available to any type of author for any type of work within the statutory categories. [ 31 ] Group registration options are discretionary accommodations offered by the Office in a number of areas. Currently, the Office administers ten group options covering unpublished works, short online literary works, works on an album of music, serials, newspapers, newsletters, contributions to periodicals, published and unpublished photographs, automated databases, and secure test items. [ 32 ] For online publications, group serials and group newsletters are other registration options for publications that fall outside of the “newspaper” or “news website” definitions.

The Supreme Court's recent ruling in a case involving trademark regulations supports the Office's view. There the Court reviewed a rule of the U.S. Patent and Trademark Office (“USPTO”) barring the registration of trademarks that use the names of particular living individuals without their written consent. [ 33 ] The Court held that this bar, though content-based, is viewpoint neutral and does not violate the First Amendment. [ 34 ] The Court noted that while its precedents “distinguish between content-based and content-neutral regulations of speech,”  [ 35 ] they further distinguish “a particularly `egregious form of content discrimination'—viewpoint discrimination,” which targets not merely a subject matter, “but particular views taken by speakers on a subject.”  [ 36 ] The Court identified “[s]everal features of trademark [law]” that “counsel against a per se rule of applying heightened scrutiny to viewpoint-neutral, but content-based trademark regulations.” Most notably, it found that “trademark rights have always coexisted with the First Amendment, despite the fact that trademark protection necessarily requires content-based distinctions.”  [ 37 ] Accordingly, the Court held that USPTO's “content-based, but viewpoint-neutral, trademark restriction [ ] is compatible with the First Amendment.”  [ 38 ]

Similarly, copyright registration, and the broad administrative classification authority Congress granted to the Register, necessarily requires content-based distinctions. Indeed, since its passage in 1976, the Copyright Act has authorized the Register “to specify by regulation the administrative classes into which works are to be placed for purposes of deposit and registration” and to permit “ for particular classes, the deposit of identifying material instead of copies or phonorecords, the deposit of only one copy or phonorecord where two would normally be required, or a single registration for a group of related works.”  [ 39 ] Like the USPTO's name bar, these administrative distinctions are not based on the particular views taken by authors and have always coexisted with the First Amendment. The addition of an administrative classification for this new group registration option, which adopts near-identical criteria for determining “news” content to that of the existing group option for newspapers, is “a matter of policy and discretion”  [ 40 ] fully compatible with the First Amendment.

Further, unlike the viewpoint-based trademark provisions held unconstitutional for barring registration of scandalous or disparaging marks, [ 41 ] the Office's viewpoint-neutral administrative classification does not bar registration for non-news content or websites. Quite the opposite: to increase participation in the registration system, the Office has created several group options for the registration of works that are published online. [ 42 ] The Standard Application also remains available to any type of author for any type of work within the statutory categories. This rule does not prevent anyone's ability to register non-news works.

Multiple commenters urged the Office to expand the rule's definition of “news website” by removing the condition that the website must contain news on all subjects and activities. [ 43 ] In encouraging Start Printed Page 58994 the Office “not to exclude . . . specialized websites,” the ABA-IPL noted that the “proposed rule may provide especially meaningful benefit to smaller news websites—including those that focus on certain `specific subject matter.' ”  [ 44 ] HBP argued that “websites, like HBR.org, that focus on a particular area of news . . . still face the same registration problems afflicting all news websites.”  [ 45 ] The Authors Guild also expressed concern that the rule would exclude more specialized news publications, such as those that focus on political news. It argued that “these publications clearly qualify as news websites under any ordinary understanding of that term.”  [ 46 ] Relatedly, commenters claimed that content restrictions “put[ ] examiners in an untenable position of deciding what is or is not `news.' ”  [ 47 ] Finally, four commenters asked the Office to abandon the “news website” definition and extend the group option “to any periodically-produced content distributed through the internet.”  [ 48 ]

After considering this request and in the interest of implementing this final rule as quickly as possible, the Office declines to revise the definition at this time. As an extension of the newspaper group option, the “news website” definition is modeled on the Office's longstanding regulation defining a “newspaper” as a publication that is “mainly 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.”  [ 49 ] This definition is very broad and it is intended to “make any newspaper eligible for a group registration.”  [ 50 ] It is also intended to distinguish a “newspaper” from a “newsletter,” which is defined elsewhere in the regulations as a publication that contains “news or information that is chiefly of interest to a special group, such as trade and professional associations, colleges, schools, or churches.”  [ 51 ]

Under this definition, newspapers are aimed at any member of the general public who may be interested in newsworthy information or events that are reported on a given day. [ 52 ] By applying a similar definition to websites, the final rule recognizes that “news websites” are also intended to have universal appeal.

This definition would encompass news websites that cover current events and provide information on diverse topics, including some political websites like those identified in the Authors Guild's comment. [ 53 ] Although these sites focus primarily on issues involving politics and events with political implications, they do not limit their coverage to a particular subject matter nor are they directed at narrow or discrete groups of readers. [ 54 ]

The Office also disagrees with commenters that the “news website” eligibility requirement places a burden on examiners. Indeed, the definitions for “news website” and “newspaper” are similar, in part, to enable consistent application of both rules. Examiners are accustomed to assessing eligibility based on this definition.

However, if the definition proves too rigid or unworkable, the Office is willing to revisit this issue based on its experience in administering this rule. Importantly, however, this new group option is not intended to extend to the websites of all serials or newsletters, which in print or ePrint form have the benefit of separate group registration options. [ 55 ]

The Office received requests to expand the rule beyond websites. Commenters recommended that the proposed rule be amended to include mobile applications (“apps”) in the definition of “website.”  [ 56 ] They argued that “[m]any news publishers encourage users to access content on an app rather than a website.”  [ 57 ]

The Office declines to amend the definition. It considers an app to be “a computer program that is used directly or indirectly in a computer or handheld electronic device.”  [ 58 ] The Office has a procedure for registering the underlying code that operates the app. [ 59 ] To 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.

AIPLA encouraged the Office to revise the definition of “website” to clarify that a website is not limited to content accessed using a single domain name. [ 60 ] It explained that “web pages are composed of various elements, like text, images, and videos” that “might be hosted on a different server than the one hosting the main web page for reasons such as efficiency, speed, and cost.”  [ 61 ] The Office appreciates this distinction but declines to revise the definition. To qualify for this option, each collective work in the group must be published under one particular domain name. For registration purposes, the Office does not assess eligibility based on where component digital works may be stored. The Office believes the “particular web page” requirement is necessary to prevent applicants from using the option to register collective works published under different domain names on the same application, which would make it difficult to identify the website that is covered by the registration. Therefore, the final rule retains the definition proposed in the NPRM.

The proposed rule provides that claims registered under this option will be limited to the collective work authorship based on the selection, coordination, and/or arrangement of the individual component works, and that all parts of the collective work will constitute one work for purposes of 17 U.S.C. 504(c)(1) . [ 62 ] Additionally, the Start Printed Page 58995 Office made clear that the registration will also cover the individual contributions contained within the collective work if they are fully owned by the copyright claimant and were first published in that work.

NPR asked the Office to confirm that “the scope of the collective work will explicitly include all copyrightable contributions made by the claimant, not just textual works.”  [ 63 ] As noted above, a “news website” is defined as “a website that is designed to be a primary source of written information.”  [ 64 ] If the collective work contains individual contributions that are fully owned by the copyright claimant and were first published in the work, then the registration will cover those contributions, so long as they are copyrightable subject matter. However, a component work “that is perceptible to the user only by downloading or separately purchasing that particular work is not considered part of the website for registration purposes and must be registered separately.”  [ 65 ] Additionally, any “externally linked content [ i.e., content residing on another website] is not considered part of the website's content for registration purposes.”  [ 66 ]

HBP recommended that the Office permit applicants to disclaim content that is licensed and not owned by the applicant. As with group newspapers, the Office does not see the need for a limitation of claim for news websites, because the proposed rule expressly states that “[e]ach update to the website must be [an original] collective work.” A registration issued by the Office pursuant to this rule will only cover the new contributions owned by the copyright claimant. Consistent with any collective work registration, any articles, photos, or other contributions included in the collective work that were previously published, previously registered, owned by another party, or in the public domain are automatically excluded from the claim. As a practical matter, therefore, a disclaimer to expressly exclude material in the application is unnecessary.

Port. Prerogative Club asked the Office to “[c]larify whether updates to numerical information, such as prices, volumes, retweets, or other metrics, qualify as registrable under the rule, and whether the Office has changed its policy on the registrability of short phrases and headlines.” The Office states that its longstanding regulation denying protection for words and short phrases has not changed. [ 67 ] Regarding “prices, volumes, retweets, or other metrics,” it is unclear whether the commenter is referring to individual works of authorship, or whether these items appear in a compilation. Individual numbers and short phrases are not copyrightable. However, a copyrightable compilation of these items may be registrable.

The proposed rule permits an applicant to include updates published on the same website within the same calendar month. Three commenters urged the Office to remove the limitation, arguing that it is too “onerous.”  [ 68 ] NPR recommended that the Office allow for the option to cover “three months, or six months, or a calendar year” to “reduce registration costs.”  [ 69 ] Noting that “attorneys' fees and statutory damages can be awarded as long as copyright is registered within three months of first publication,” NWU, NPPA, and NASW requested that the rule be amended to allow registration of updates published “during any specified three-month period.”  [ 70 ]

At this time, given administrative capabilities, the Office cannot expand the option to cover more than one month of updates. As the NPRM explained, to deliver the option promptly, and to minimize development time, the Office is adapting the existing group application for newspapers, which is used to register up to one month of newspaper issues and contains technical validations that prevent applicants from entering publication dates that are more than one month apart. Changing the limit would require additional modifications to the application and delay implementation of the final rule. Further, the Office seeks an appropriate balance between the interests of copyright owners and the administrative burden to the Office. Based on the modest fee set for this option, some limit on the number of works included in each claim is necessary. The Office will reassess whether the limit can be increased after it has gained sufficient experience administering the rule.

Under the proposed rule, to be eligible for the option, each collective work in the group must have been created as a work made for hire, with the same person or entity named as the author and copyright claimant. Multiple commenters questioned this requirement. [ 71 ] The Authors Guild argued that the work made for hire requirement “arbitrarily and unfairly confines the benefit of the rule to corporate entities even where other creators are producing substantially the same type of content.”  [ 72 ] While they recognized that this requirement reflects practical and technical limitations, NMA and AIPLA noted that “there does not seem to be a fundamental reason for such a limitation in principle, and in many business cases, the work may be fully owned by the publisher, or obtained via assignment or operation of law.”  [ 73 ]

The Office acknowledges that the work made for hire requirement may not reflect every business case of ownership. However, this requirement streamlines the registration procedures, which, as noted above, will adapt the existing group application option for newspapers. Under that option, the same person or entity must be named as the author and copyright claimant, and each issue must be a work made for hire. The Office retains the same requirements for the news websites option to minimize the need for additional development time that would otherwise be required. Start Printed Page 58996

Additionally, under general Copyright Office practice, if the author and claimant are not the same person, the applicant is statutorily required to provide a transfer statement explaining how the claimant acquired all of the rights initially belonging to the author. [ 74 ] If an applicant names a third party as the copyright claimant, but fails to provide a transfer statement, then the Office must correspond to determine whether the claimant actually owns all of the exclusive rights in the works, which delays the registration decision. The corresponding additional time and costs that the Office would incur are inconsistent with the reduced fee for examination of multiple collective works.

Moreover, imposing a work made for hire limitation is consistent with the goal of this rulemaking, which is to address obstacles to registering online news content produced by news publishers, who often also publish newspapers. Based on its experience with the existing group newspaper registrations, the Office expects that this requirement will produce an optimal public record, while reducing the administrative burden that these claims impose. The final rule accordingly retains the work made for hire requirement. Applicants who do not qualify for the option may still register their works individually using the Standard Application.

The Office invited public comments on whether it should give applicants the opportunity to provide additional information, such as individual article or photograph titles, as part of this group registration option. Commenters expressed support for the implementation of an opportunity to include granular information concerning individual component works at the applicant's discretion. [ 75 ] The Authors Guild noted that “in the event an individual article is the subject of a later infringement action, the applicant may need to rely on its own recordkeeping to establish that the article was on the website during the period covered by the registration.”  [ 76 ] It concluded, “[t]he listing of individual titles or other information on the application may provide additional evidence relevant to that showing.”  [ 77 ] The Office agrees and will provide instructions on its website explaining how applicants may submit additional information regarding component works on an optional basis. [ 78 ]

The Office also invited public comments on the availability and effectiveness of technological solutions for saving or archiving websites that could assist or supplement news websites' recordkeeping efforts while also informing the public of the contents of the website and/or any updates registered. The Office suggested that applicants may provide in the “Note to Office” field additional information regarding the contents of the work, such as archived URLs that capture the complete content of each collective work submitted for registration. The Copyright Alliance expressed support for this suggestion, provided that doing so is voluntary. [ 79 ] Therefore the Office encourages applicants to submit archived URLs in the “Note to Office” field on a voluntary basis.

The NPRM provided that the filing fee for this option will be $95, the same fee that currently applies to a claim in a group of newspapers. It noted that the Office believes it is reasonable to charge the same fee as for the group newspaper option, given the similarities in expected workflow associated with examining these claims. The NMA expressed support for this modest fee, describing it as “reasonable and unarbitrary.”  [ 80 ] The final rule establishes this fee.

The NPRM proposed that for each collective work submitted under this group registration option, applicants must “submit a deposit that is sufficient to identify some of the updates that were made to the website.”  [ 81 ] The Office specified that “applicants will need to submit separate PDF files that each contain a complete copy of the home page for the site. Each PDF must show how the home page appeared at a specific point during each day of the calendar month when new updates were published on the site.”  [ 82 ] Additionally, the NPRM required that each deposit demonstrate “that the home page contains a sufficient degree of selection, coordination, and/or arrangement to be registered as a collective work.”  [ 83 ] Several commenters requested that the Office consider different deposit requirements, though commenters varied on the specific changes they requested or discussed deposits generally. The Office addresses each suggested change below.

After considering NMA's request to resolve a purported ambiguity in the proposed rule regarding the time of day for daily deposits of home pages, the Office is clarifying the time period for capturing deposits. [ 84 ] The language within section (m)(6)(i) requiring “[e]ach PDF [to] show how the home page appeared at a specific point during each day of the calendar month” does not require applicants to capture PDFs of home pages at the same exact time every day. [ 85 ] Instead, PDFs of home pages must show how the home page appeared at some point during each day, in addition to satisfying other applicable deposit requirements.

Three commenters specifically requested that the Office expand the identifying material it will accept to encompass more than “a complete copy of the home page for the site.”  [ 86 ] The NAB stated that “the Office should amend the deposit requirements proposed in § 202.4(m)(6)(i) to allow for the submission of a copy of identifying material in lieu of a complete copy of the home page.”  [ 87 ] It explained that “many news websites utilize an `infinite scroll' feature that automatically and continuously loads more content as users scroll down the web page” making Start Printed Page 58997 it “technologically impossible for an applicant to satisfy the deposit requirement of providing a PDF of the home page in its entirety.”  [ 88 ] Copyright Alliance echoed this sentiment stating “a user is able to continuously reveal additional content on the web page without having to leave the page to view the content on a separate web page. For such web pages, it is not possible to capture an `entire copy' of the page since the user can endlessly reveal the contents of the page.”  [ 89 ] Similarly, NMA noted that, due to the difficulties posed by “extensive or close-to-infinite scroll,” the Office should clarify that an applicant could meet the deposit requirement “as long as [the PDF] captures the masthead, URL identifier, and a defined minimum amount of the homepage (which in most cases will encompass all of it), including representative updates from the previous deposit copy.”  [ 90 ]

After considering these comments, the Office concludes that the requested modification to the proposed rule is reasonable and supports the overall goal of this group registration option. Accordingly, the final rule includes an alternative to the “complete copy of the home page” requirement where submitting a complete copy is not feasible due to the size or continuous nature of the home page. In such circumstances, applicants may “submit the first 25 pages of the home page that demonstrates updates from the previous deposit copy.” This portion of the rule is designed to decrease the burden on applicants that wish to utilize this group registration option, but are unable to satisfy the “complete copy” deposit requirement. The Office believes that this modification will facilitate registration, while also ensuring that the deposit provided is sufficient to identify the work and the copyrightable authorship covered by the registration. Applicants utilizing this provision are advised that any deposit should only include updates within the time period covered by the application. In the event that an applicant includes updates outside the time period, they would be considered previously published material, and would not be covered by the registration. Additionally, as stated in the NPRM, if a copyright owner is required to prove to a court or an alleged infringer “the specific contents of a website at any particular point in time, it will need to preserve and maintain its own copy of the site and rely on its own recordkeeping to provide such proof.”  [ 91 ]

NWU, NPPA, and NASW disagreed that a home page would constitute sufficient identifying material for registration. [ 92 ] They asserted that “requiring deposit of PDFs of images of the home page is disconnected from the reality that updates aren't necessarily visible on the `home page' of a website.”  [ 93 ] While “[u]pdates appear on the home pages of some—but far from all—newspaper publishers' websites,” the home pages of other websites, such as self-published or references websites, are “mostly or entirely static,” with updates occurring on other “inside” pages that are not indexed or referenced on the home page. [ 94 ] Instead, NWU, NPPA, and NASW suggested that the Office accept a “sitemap page or set of sitemap pages,” “as the way to indicate which pages of a site have most recently been added or modified, and when.”  [ 95 ] Sitemaps, they alleged, “are structured, standardized, machine-readable, and human-readable” and “all updates in a given period can be identified by a single sitemap or set of sitemaps,” which the Office could “use[ ] immediately.”  [ 96 ]

The Office declines to permit applicants to submit a sitemap page or a set of sitemap pages as identifying material for several reasons. First, it is not clear that sitemaps themselves provide information that would allow an examiner to determine whether each collective work within the group application contains sufficient creative selection, coordination, or arrangement. [ 97 ] Second, sitemaps do not satisfy the public notice function that deposits serve, as they do not display the work requested for registration and are not sufficient to identify the updates made to the websites. [ 98 ] As explained in the NPRM, any deposit requirement must “satisfy the public notice function of capturing, and making available for public inspection, a deposit that should be sufficient to identify” the work covered by the application. [ 99 ] Lastly, accepting sitemap deposits would likely not aid in efficiency as suggested. [ 100 ] If an examiner receives a sitemap, they would likely need to correspond with the applicant to determine what exactly the application covers. For these reasons, the Office declines to modify the final rule to include sitemaps.

Commenters also suggested that the Office accept deposits comprised of annotated Portable Document Formats (“PDFs”)  [ 101 ] or PDF deposits of apps. [ 102 ] Specifically, one commenter encouraged the Office to consider accepting annotated PDFs of a single web page, where “[a]nnotations could circle content that is not included in registration, such as licensed content as compared to original news organization content” or “content already registered.”  [ 103 ] Other commenters, including Copyright Alliance, NMA, and the Authors Guild, proposed that the Office should accept PDFs that “contain a complete copy of the home page of . . . mobile application[s]. ”  [ 104 ] Start Printed Page 58998 They discussed the ease with which applicants could submit app PDFs  [ 105 ] and how PDFs address record-keeping concerns and “concerns over whether the collective works stem from the same source.”  [ 106 ] Copyright Alliance and NMA also suggested that the absence of a uniform resource locator (“URL”) from app PDFs, a requirement of the proposed rule, is immaterial because apps “generally prominently feature the logo or other visible identifier of the publication in question” and news content on an app is “organized and contained,” similar to a website. [ 107 ] NMA further recommended that because the USPTO has “long accepted” app screenshots for trademark specimens, subject to certain requirements, the Office should adopt similar standards. [ 108 ]

The Office declines to permit parties to submit annotated PDFs of a single web page. As discussed above, each update will be registered as a collective work. For that reason, there is no need to identify component works that are not owned by the claimant or component works that have been previously registered, because as a general rule, a registration for a collective work does not cover this type of preexisting material.

The Office also declines to accept PDF deposits of apps to represent a news website. Initially, it is unclear whether the selection, coordination, and/or arrangement of material encompassed within the PDFs would be identical to the selection, coordination, and/or arrangement of a website's home page, regardless of whether the same content is present on both. [ 109 ] Further, the Office continues to believe that the rule's deposit regulations offer flexibility, while still satisfying the public notice function of deposits. The regulation will permit applicants to submit a complete copy of the website's home page, and when that is not feasible due to the size or continuous nature of the home page, applicants may submit the first 25 pages of the home page demonstrating updates from the previous deposit copy.

Commenters made additional suggestions and remarks on the proposed rule's deposit requirements and the Office's deposit requirements generally. With respect to the Office's modernization efforts, ABA-IPL suggested that the Office consider generally expanding the “format of deposit copies accepted” and regularly reviewing and updating registration regulations. [ 110 ] ABA-IPL stated that the Office should accept deposits in .xml format for regularly updated news content, such as content covered under the proposed rule, “as [.xml] and similar formats are widely used in digital content creation and management.”  [ 111 ] The University of Michigan Library (“UM-Library”) expressed concerns with the proposed regulations regarding fixation and preservation. [ 112 ] They asserted that the proposed deposit requirements are not “sufficiently fixed for copyright purposes” and that if deposit “materials are not collected and preserved—even as facsimiles or through emulation—then as a practical matter there will be a huge gap in the possibilities for research, scholarship, and understanding.”

The Office is sympathetic to commenters' desires to expand the file formats accepted for deposit purposes generally, including regularly updated news content. As stated above and in the NPRM, the current registration system only accepts certain file types. [ 113 ] The Office anticipates revisiting its acceptable file formats in connection with ongoing improvements to its technology systems. Until then, the Office continues to actively engage in research about the suitability of other file formats. [ 114 ]

The Office appreciates the fixation and preservation concerns about the proposed deposit requirements, codified in the final rule. It continues to believe, however, that the deposit requirements are sufficient. As stated above and in the NPRM, the Copyright Act imbues the Register with broad authority to accept identifying material in lieu of complete copies or phonorecords  [ 115 ] where such copies or phonorecords are “bulky, unwieldly, easily broken, or otherwise impractical to [serve] . . . as records identifying the work[s] registered.”  [ 116 ] This provision, and its legislative history, give the Register flexibility in determining the deposit requirements when identifying material is involved, and the Office has used this authority in the past. Within this rulemaking, the Office believes the proposed deposit requirements are appropriate, and less burdensome than general deposit requirements for websites. [ 117 ] As the Office discussed in the NPRM, the proposed deposit requirements satisfy the public notice function and still require that deposits sufficiently “identify some of the updates” made to the website. [ 118 ] Any fixation concerns may be alleviated by the fact that the proposed regulations are merely registration deposit requirements. They do not relieve a registrant from complying with other legal obligations, such as the obligation to maintain and preserve copies of a website, including its content, in the context of an infringement claim. [ 119 ]

The NPRM explained that the Office planned to use one of its existing group registration application forms to process these claims. Specifically, it said applicants would be required to submit their claims through the current electronic registration system using the application designated for a group of newspaper issues. None of the commenters objected to this proposal.

After consulting with the Library of Congress's Office of the Chief Information Officer, the Office determined that it would be feasible to create a separate application for news website claims that will be cloned from the corresponding application that is used for group newspaper claims. This should simplify the registration process for both applicants and Office staff by preventing potential confusion between claims involving newspaper issues and claims involving updates to a news website. The cloned application will include the same technical specifications and system validations that appear in the group newspaper Start Printed Page 58999 form. The final rule has been modified to reflect this change. Information and instructions on how to submit these claims will be provided in the application itself and on a dedicated page on the Office's website.

Based on requests from affected parties for the expeditious implementation of the rule  [ 120 ] and the absence of arguments supporting a delay, the Office finds that good cause exists to issue these regulations as a final rule with an immediate effective date. Commenters have presented a record supporting “the demonstrable urgency of the conditions [the rule is] designed to correct.”  [ 121 ] Finally, the registration option authorized by the final rule will be available to registrants at or near the rule's publication date.

• General provisions
• Copyright claims, preregistration and registration

For the reasons set forth in the preamble, the Copyright Office amends 37 CFR parts 201 and 202 as follows:

1. The authority citation for part 201 continues to read as follows:

Authority: 17 U.S.C. 702 .

Section 201.10 also issued under 17 U.S.C. 304 .

2. In § 201.3, amend table 1 to paragraph (c) by redesignating paragraphs (c)(12) through (c)(29) as (c)(13) through (c)(30), respectively, and adding a new paragraph (c)(12) to read as follows:

Table 1 to Paragraph ( c )

Registration, recordation, and related servicesFees ($) *         *         *         *         *         *         *(12) Registration of a group of updates to a news website95 *         *         *         *         *         *         *

3. The authority citation for part 202 continues to read as follows:

Authority: 17 U.S.C. 408(f) , 702 .

4. Amend § 202.4 by adding paragraph (m) and revising paragraph (r) to read as follows:

(m) Group registration of updates to a news website. Pursuant to the authority granted by 17 U.S.C. 408(c)(1) , the Register of Copyrights has determined that a group of updates to a news website may be registered with one application, the required deposit, and the filing fee required by § 201.3 of this chapter, with each update being registered as a collective work, if the following conditions are met:

(1) Definitions. For the purposes of this paragraph (m):

(i) News website means 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.

(ii) Website means a web page or set of interconnected web pages that are accessed using a uniform resource locator (“URL”) organized under a particular domain name.

(2) Requirements for collective works. Each update to the website must be a collective work, and the claim must be limited to the collective work.

(3) Author and claimant. Each collective work in the group must be a work made for hire, and the author and claimant for each collective work must be the same person or organization.

(4) Updates must be from one news website; time period covered. Each collective work in the group must be published on the same news website under the same URL, and they must be published within the same calendar month. The applicant must identify the earliest and latest date that the collective works were published.

(5) Application. The applicant must complete and submit the online application designated for a group of updates to a news website. The application may be submitted by any of the parties listed in § 202.3(c)(1).

(6) Deposit. (i) For each collective work within the group, the applicant must submit identifying material from the news website. For these purposes “ identifying material ” shall mean separate Portable Document Format (PDF) files that each contain a complete copy of the home page of the website. In case a complete copy is technically unfeasible due to the size or continuous nature of the home page, the applicant may submit the first 25 pages of the home page that demonstrates updates from the previous deposit copy. Each PDF must show how the home page appeared at a specific point during each day of the calendar month when new updates were published on the website.

(ii) The identifying material must demonstrate that the home page contains sufficient selection, coordination, and arrangement authorship to be registered as a collective work If the home page does not demonstrate sufficient compilation authorship, the deposit should include as many additional pages as necessary to demonstrate that the updates to the news website can be registered as a collective work.

(iii) The identifying material must be submitted through the electronic registration system, and all of the Start Printed Page 59000 identifying material that was published on a particular date must be contained in the same electronic file. The files must be submitted in PDF format, they must be assembled in an orderly form, and each file must be uploaded to the electronic registration system as an individual electronic file ( i.e., not .zip files). The file size for each uploaded file must not exceed 500 megabytes, but files may be compressed to comply with this requirement.

(7) Special relief. In an exceptional case, the Copyright Office may waive the online filing requirement set forth in paragraph (m)(5) of this section or may grant special relief from the deposit requirement under § 202.20(d) of this chapter, subject to such conditions as the Associate Register of Copyrights and Director of the Office of Registration Policy and Practice may impose on the applicant.

(r) The scope of a group registration. When the Office issues a group registration under paragraph (d), (e), or (f) of this section, the registration covers each issue in the group and each issue is registered as a separate work or a separate collective work (as the case may be). When the Office issues a group registration under paragraphs (c), (g), (h), (i), (j), (k), or (o) of this section, the registration covers each work in the group and each work is registered as a separate work. When the Office issues a group registration under paragraph (m) of this section, the registration covers each update in the group, and each update is registered as a separate collective work. For purposes of registration, the group as a whole is not considered a compilation, a collective work, or a derivative work under section 101, 103(b), or 504(c)(1) of title 17 of the United States Code.

Shira Perlmutter,

Register of Copyrights and Director of the U.S. Copyright Office.

Approved by:

Carla D. Hayden,

Librarian of Congress.

1.   17 U.S.C. 408(c)(1) .

2.   Id.

3.   See generally 37 CFR 202.3(b)(5) , 202.4 .

4.   Id. at 202.3(b)(5), 202.4(c)-(k), (o).

5.   See 89 FR 311 , 311-12 (Jan. 3, 2024).

6.  U.S. Copyright Office, Copyright Protection for Press Publishers (June 2022), https://copyright.gov/​policy/​publishersprotections/​202206-Publishers-Protections-Study.pdf .

7.   See 89 FR 311 , 312 .

8.   Id. at 311. The final rule defines a “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.” 37 CFR 202.4(m)(1)(i) .

9.  Because the Office will not examine each component work within the collective work, the copyright claimant bears the burden of proving that it owns the individual component works claimed in the submission.

10.  A “collective work” is a type of compilation. See 17 U.S.C. 101 . A “compilation” is “a work formed by the collection and assembling of preexisting materials or of data that are selected, coordinated, or arranged in such a way that the resulting work as a whole constitutes an original work of authorship.” Id.

11.  As noted in the NPRM, “in appropriate circumstances, the Office may waive the online filing requirement, subject to the conditions the Associate Register of Copyrights and Director of the Office of Registration Policy and Practice may impose.” 89 FR 311 , 316 n.55.

12.  The Office also received a letter from several organizations reflecting their collective support for finalizing the rulemaking in a timely manner and in-line edits to the Office's proposed regulatory language. Letter from Ass'n of Am. Publishers et al. to Suzanne Wilson, Gen. Counsel and Assoc. Register of Copyrights (Apr. 4, 2024), https://www.copyright.gov/​rulemaking/​newswebsite/​Association-of-American-Publishers-et-al%E2%80%93Letter-to-Copyright-Office.pdf .

13.   See Am. Ass'n of Independent Music, Ass'n of Am. Publishers, Inc, and Recording Industry Ass'n of Am., Inc. (“A2IM, AAP, & RIAA”) Comment at 2 (“Commenters express no position on the primary focus of the NPRM—whether the Office should create a new group registration option for frequently updated news websites—or on the details of how such an option should be implemented.”).

14.   See generally Nat'l Writers Union, Nat'l Press Photographers Ass'n, Nat'l Ass'n of Sci. Writers (“NWU, NPPA, & NASW”) Comment; Gordon Firemark 2 Comment.

15.  A handful of commenters also proposed that the Office should adopt the NPRM immediately, as an interim rule. See, e.g., Copyright All. Comment at 11; Nat'l Pub. Radio (“NPR”) Comment at 3-5; News Media All. (“NMA”) Comment at 2.

16.  Am. Bar Ass'n Section of Intell. Prop. L. (“ABA-IPL”) Comment at 4.

17.  89 FR at 311-12 (noting that “[m]ore than eight in ten Americans get news from digital devices, and, as of 2021, more than half prefer digital platforms to access news”).

18.   Id. (citing Newspaper Association of America Comments at 12-18, Submitted in Response to July 15, 2009 Notice of Proposed Rulemaking, Mandatory Deposit of Published Electronic Works Available Only Online, U.S. Copyright Office Dkt. No. 2009-3 (Aug. 31, 2009) (emphasis omitted), https://www.copyright.gov/​rulemaking/​online-only/​comments/​naa.pdf ).

19.   37 CFR 202.4(e) . The Office's definition of newspapers is based on the Library of Congress's collection policy definition. Library of Congress, Collections Policy Statements: Newspapers—United States 1 (Sept. 2023), https://www.loc.gov/​acq/​devpol/​neu.pdf .

20.  NWU, NPPA, & NASW Comment at 12-13; Gordon Firemark 2 Comment (asserting that “the proposed regulation is not Content Neutral, as required under the First Amendment”).

21.   Arkansas Writers Project, 481 U.S. at 234.

22.  NWU, NPPA, & NASW Comment at 12-13.

23.  Gordon Firemark 2 Comment.

24.   Id. (citing Iancu v. Brunetti, 139 S. Ct. 2294 (2019), and Matal v. Tam, 582 U.S. 218 (2017)).

25.   Reed v. Town of Gilbert, 576 U.S. 155, 163 (2015).

26.   Sable Commc'ns of Cal. v. FCC, 492 U.S. 115, 126 (1989).

27.   Reed, 576 U.S. at 164 (internal quotes omitted).

28.   Leathers v. Medlock, 499 U.S. 439, 452-53 (1991) (citing Mabee v. White Plains Publ'g Co., 327 U.S. 178 (1946), and Oklahoma Press Publ'g Co. v. Walling, 327 U.S. 186 (1946)).

29.   Arkansas Writers Project, 481 U.S. at 229 (finding the tax scheme impermissibly targets a small group of the press because “the magazine exemption means that only a few Arkansas magazines pay any sales tax”).

30.   Arkansas Writers Project, 481 U.S. at 229-30.

31.   37 CFR 202.3(b)(2)(i)(A) .

32.   See generally id. at 202.4.

33.   Vidal v. Elster, No. 22-704, slip op. at 1 (2024).

34.   Id.

35.   Id. at 4 (2024) (quoting National Institute of Family and Life Advocates v. Becerra, 585 U.S. 755, 766 (2018)).

36.   Id. (2024) (quoting Rosenberger v. Rector and Visitors of Univ. of Va., 515 U. S. 819, 829 (1995)).

37.   Id. at 6.

38.   Id. at 12.

39.   17 U.S.C. 408(c)(1) (emphasis added).

40.   Leathers, 499 U.S. at 452 (quoting Regan v. Taxation with Representation, 461 U.S. 540, 549 (1983)).

41.   See Gordon Firemark 2 Comment (citing Iancu v. Brunetti, 139 S. Ct. 2294 (2019), and Matal v. Tam, 582 U.S. 218 (2017)).

42.   See, e.g., 85 FR 37341 , 37345 (June 22, 2020) (final rule for group registration of short online literary works); 83 FR 61546 , 61546-48 (Nov. 30, 2018) (final rule for group registration of newsletters and serials); 82 FR 29410 , 29410-11 (June 29, 2017) (final rule for group registration of contributions to periodicals).

43.   See ABA-IPL Comment at 2; Am. Intell. Prop. L. Ass'n (“AIPLA”) Comment at 1 (“We encourage the Office to reconsider [the definition of `news website'] and clarify the final clause—`not limited to any specific subject matter'—which could be construed as excluding news websites with an industry-specific focus ( e.g., wired.com), and thus unnecessarily limiting access to this group registration option.”); Copyright All. Comment at 4 (“We urge deletion of the phrase `. . . on all subjects and activities and is not limited to any specific subject matter' in the proposed rule . . . .”); Harvard Bus. Publ'g (“HBP”) Comment; Nat'l Ass'n of Broad. (“NAB”) Comment at 3; NWU, NPPA, & NASW Comment at 12-13; NMA Comment at 8; The Authors Guild Comment at 2; see also Letter from Ass'n of Am. Publishers et al. to Suzanne Wilson, Gen. Counsel and Assoc. Register of Copyrights (Apr. 4, 2024).

44.  ABA-IPL Comment at 2.

45.  HBP Comment.

46.  The Authors Guild Comment at 1-2.

47.  John Murphy Comment; The Authors Guild Comment at 2 (arguing that “making eligibility determinations based on the substantive content of the materials submitted for registration . . . goes well beyond the Office's ordinary examination process”).

48.  Gordon Firemark 1 Comment; see NWU, NPPA, & NASW at 12-13; Brenda Ulrich Comment; John Murphy Comment.

49.   37 CFR 202.4(e)(1) .

50.   82 FR 51369 , 51371 (Nov. 6, 2017).

51.   37 CFR 202.4(f)(1)(i) .

52.   Id. at 202.4(e)(1) (“Newspapers are intended either for the general public or for a particular ethnic, cultural, or national group”).

53.  The Authors Guild Comment at 1-2.

54.   Cf. 37 CFR 202.4(f)(1)(i) (designed for newsletters that “contain news or information that is chiefly of interest to a special group”).

55.  Group registration of serials provides a registration option for serial issues within a three-month period that meet the eligibility requirements for that option. Id. at 202.4(d)(1). Group registration of newsletters provides an option for registering a group of newsletters published within a one-month period. Id. at 202.4(f)(1).

56.  Copyright All. Comment at 6; NAB Comment at 4; NMA Comment at 10.

57.  The Authors Guild Comment at 2; Copyright All. Comment at 6; NAB Comment at 4.

58.  U.S. Copyright Office, Compendium of U.S. Copyright Office Practices sec. 722 (3d ed. 2021) (“ Compendium (Third) ”).

59.   Id.

60.  AIPLA Comment at 1-2.

61.   Id.

62.  In the NPRM, the Office also noted that when a website is registered as a compilation, the statute provides that the copyright owner may seek only one award of statutory damages for infringement of the compilation as a whole—rather than a separate award for each individual work that appears on the website—even if the defendant infringed all of the works covered by the registration. 17 U.S.C. 504(c)(1) (“For the purposes of this subsection, all the parts of a compilation or derivative work constitute one work.”). Some commenters urged the Office to acknowledge and adopt the “ `independent economic value' test to determine when copyrighted material constitutes a separate `work' for the purpose of determining eligibility for statutory damages.” A2IM, AAP, & RIAA Comment at 2-3; Copyright All. Comment at 8; NAB Comment at 6-8. Acknowledging that the NPRM correctly states “that the group registration option will extend to individual works that make up the collective work if they are fully owned by the applicant,” NMA asked the Office to confirm that its statement “do[es] not reflect a substantive opinion on eligibility for statutory damages.” NMA Comment at 11-12. The Office stands by its restatement of section 504(c)(1) and declines to address the matter further in this rulemaking. See H.R. Rep. No. 94-1476, at 162 (1976), reprinted in 1976 U.S.C.C.A.N. 5659, 5770 (“Subsection (c)(1) makes clear, however, that, although they are regarded as independent works for other purposes, `all the parts of a compilation or derivative work constitute one work' for this purpose.”).

63.  NPR Comment at 7.

64.   37 CFR 202.4(m)(1)(i) (emphasis added).

65.   Compendium (Third) sec. 1002.2.

66.   Id.

67.   See 37 CFR 202.1(a) .

68.  John Murphy Comment; see NPR Comment at 5 (“[T]he office should further relax the frequency”); NWU, NPPA, & NASW Comment at 16-17.

69.  NPR Comment at 5.

70.  NWU, NPPA, & NASW Comment at 16.

71.  The Authors Guild Comment at 3; NWU, NPPA, & NASW Comment at 11; NMA Comment at 11; AIPLA Comment at 2; Letter from Ass'n of Am. Publishers et al. to Suzanne Wilson, Gen. Counsel and Assoc. Register of Copyrights (Apr. 4, 2024).

72.  The Authors Guild Comment at 3; NWU, NPPA, & NASW Comment at 11.

73.  NMA Comment at 11; AIPLA Comment at 2 (“[W]e see no clear policy reason to disfavor registration of copyrights acquired through other means ( e.g., by assignment).”).

74.   Compendium (Third) sec. 620.4.

75.  ABA-IPL Comment at 3; AIPLA Comment at 2; Copyright All. Comment at 6-7; NAB Comment at 5; NMA Comment at 7; The Authors Guild Comment at 4.

76.  The Authors Guild Comment at 4.

77.   Id.

78.  Note, however, the Office will not certify the accuracy of such additional information based on the identifying material deposited.

79.  Copyright All. Comment at 7.

80.  NMA Comment at 7.

81.  89 FR at 316.

82.   Id.

83.   Id.

84.  NMA Comment at 11.

85.   37 CFR 202.4(m)(6)(i) (emphasis added); see also 89 FR at 316 (“Each PDF must show how the home page appeared at a specific point during each day of the calendar month when new updates were published on the site.”).

86.  Copyright Alliance Comment at 10-11; NAB Comment at 4-5; NMA Comment at 11. See also Letter from Ass'n of Am. Publishers et al. to Suzanne Wilson, Gen. Counsel and Assoc. Register of Copyrights at App. at 2 (Apr. 4, 2024) (proposing regulatory language altering the deposit requirement when “a complete copy is technically unfeasible or unreadable due to the size or continuous nature of the home page”); Nexstar Media Group Inc. Comment (stating that Nexstar “would like to see even more modification of the requirements for article submission, so that each local television station or other news site would not be required to have dedicated staff purely for depositing copyrighted materials, which may be updated several times per day”).

87.  NAB Comment at 5.

88.   Id.

89.  Copyright All. Comment at 10-11.

90.  NMA Comment at 11.

91.  89 FR at 316.

92.  NWU, NPPA, & NASW Comment at 17-20.

93.   Id.

94.   Id.

95.   Id.; see also id. at 20 (proposing “submission of `a file or set of files linked from a master file listing in structured form the text files on the site added or modified during the time period covered by the application, including the URL and the date each file was added to the site or most recently modified' ”).

96.   Id. at 17, 20. NWU, NPPA, and NASW asserted that “the `sitemap.xml' standard has been widely accepted and adopted by website publishers, web publishing platforms, and developers of content management systems (CMSs).” Id. at 17-18.

97.   See 17 U.S.C. 410(a) ; Compendium (Third) sec. 204.3 (“[D]eposit copy(ies) should be clear and should contain all the authorship that the applicant intends to register.”). This finding is bolstered by the examples cited in NWU, NPPA, and NASW's comment, which do not provide any information that would allow the examiner to determine any copyrightability of the collective work. See NWU, NPPA, & NASW Comment at 18 nn.19-22; id. at 19 nn.23-26.

98.   See H.R. Rep. No. 94-1476, at 153 (1976), reprinted in 1976 U.S.C.C.A.N. 5659, 5769 (“As a general rule the deposit of more than a tear sheet or similar fraction of a collective work is needed to identify the contribution properly and to show the form in which it was published.”).

99.  89 FR at 316.

100.   See NWU, NPPA, & NASW Comment at 20 (suggesting that sitemaps “could be used immediately in manual Copyright Office work flow but would also lend themselves to efficiencies through automated parsing”).

101.  Erik Gottlieb Comment.

102.  Copyright All. Comment at 6; NMA Comment at 10; The Authors Guild Comment at 2. See also Letter from Ass'n of Am. Publishers et al. to Suzanne Wilson, Gen. Counsel and Assoc. Register of Copyrights at 1 & App. at 2 (Apr. 4, 2024) (proposing the Office “include[e] mobile app content in the scope of the rule”). The Office also received a comment from Port. Prerogative Club, suggesting that the Office “evaluate whether native [version control systems (“VCS”)] files would satisfy [the Office's] internal requirements for deposit copies.” Port. Prerogative Club Comment at 2. The Office currently does not accept this file format, but will revisit file formats as part of its ongoing work in developing the Enterprise Copyright System.

103.  Erik Gottlieb Comment.

104.  NMA Comment at App. at 16 (proposing regulatory language). See Copyright All. Comment at 6; NMA Comment at 10; The Authors Guild Comment at 2. See also Letter from Ass'n of Am. Publishers et al. to Suzanne Wilson, Gen. Counsel and Assoc. Register of Copyrights at 1 & App. at 2 (Apr. 4, 2024) (proposing the Office “includ[e] mobile app content in the scope of the rule”).

105.  Copyright All. Comment at 6; The Authors Guild Comment at 2.

106.  Copyright All. Comment at 6.

107.   Id. (noting that “news content on an app is already organized and contained in an interconnected and uniform ecosystem, much like a website”); NMA Comment at 10 (stating that app screenshots serve the same “identifying function as URLs”).

108.  NMA Comment at 10.

109.   See 89 FR at 313 (“[T]he organization and arrangement show in a PDF package may vary depending on whether it depicts the website as it would appear on a desktop computer, a mobile phone or other electronic device.”). But cf. ABA-IPL Comment at 4 (“The Section is aware of no substantive difference between what is published at a URL and what is published on an app.”).

110.  ABA-IPL Comment at 4-5.

111.   Id. at 4.

112.  UM-Library Comment at 1-2.

113.  89 FR at 313; see also eCO Acceptable File Types, U.S. Copyright Office, https://www.copyright.gov/​eco/​help-file-types.html (last visited July 5, 2024) (listing acceptable file formats).

114.  For example, the Office is researching the web archive file format (“WARC”) that is utilized by the Library of Congress' Web Archiving Team. Research has shown that there are many publicly available options for adapting websites in the WARC format, including through internet browser extensions.

115.   17 U.S.C. 408(c)(1) ; see also 89 FR at 311 (discussing identifying material).

116.  H.R. Rep. No. 94-1496, at 154 (1976), reprinted in 1976 U.S.C.C.A.N. 5659, 5770.

117.   See 89 FR at 313, 316 (discussing how depositing complete copies of websites poses difficulties for applicants and the Office).

118.   Id. at 316.

119.   Id.

120.   See Letter from Ass'n of Am. Publishers et al. to Suzanne Wilson, Gen. Counsel and Assoc. Register of Copyrights (Apr. 4, 2024); Copyright All. Comment at 11.

121.  H.R. Rep. No. 79-1980, at 260 (1946). See 5 U.S.C. 553(d) (30-day notice not required where agency finds good cause).

[ FR Doc. 2024-15880 Filed 7-19-24; 8:45 am]

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