U.S. Copyright Office Proposes Broader Definition for News Website Group Registration

The U.S. Copyright Office has initiated a significant regulatory amendment that stands to impact how news publishers protect their intellectual property. Through a Notice of Proposed Rulemaking, published in the Federal Register on May 28, 2026, the Office proposes to revise the definition of a "news website" within its group registration option. This move is designed to clarify which online news sources are eligible for the streamlined copyright process, particularly accommodating those that focus on more specialized topics.

Background on Group Registration for News Websites

This proposed change builds upon a framework established in July 2024, when the Copyright Office introduced a final rule creating a group registration option specifically for frequently updated news websites. This innovative system allowed news publishers to register a full month of website updates with a single application and filing fee. The initial intent was to provide an efficient mechanism for protecting the vast amount of original content produced by digital news outlets daily. At its inception, the Office stated the definition of "news websites" was intended to "encompass news websites that cover current events and provide information on diverse topics." However, the Office also acknowledged that it would monitor the rule's implementation and consider revisions if the definition proved "too rigid or unworkable."

Identifying a Deficiency in the Current Definition

Experience gained since the 2024 rule's implementation has revealed a recurring challenge. The existing regulation, 37 CFR 202.4(m)(1)(i), requires a news website to "contain[] a broad range of news on all subjects and activities." This stipulation, when strictly applied, has proven to be an unintended barrier for many legitimate news operations. The Office notes that this stringent requirement could inadvertently exclude news websites that, while undeniably journalistic in nature and frequently updated, concentrate their reporting on a defined subject area or a specific set of topics. For instance, the notice cites the hypothetical example of a major publication like The Washington Post scaling back its coverage of sports, foreign news, and books, suggesting that such a shift could theoretically affect its eligibility under the current, narrowly construed definition.

The Proposed Amendment and Its Scope

To address this practical difficulty and ensure the group registration option remains administrable and relevant to modern news publishing, the Copyright Office is proposing to amend the definition of "news website." The revised text aims for greater clarity and flexibility, stating: "News website means a website that is primarily designed to be a source of written information on current events, either local, national, or international in scope." This proposed amendment specifically emphasizes three key clarifications:

1. Variety of Subjects: A news website would now only need to report on a variety of subjects, rather than an all-encompassing "broad range on all subjects." This crucial distinction opens the door for news sites specializing in specific industries, local issues, or particular beats to qualify.
2. Primary Function: The website's primary function must be to report on current events. This reinforces the core journalistic purpose, differentiating eligible sites from blogs or other content platforms that may not prioritize timely event reporting.
3. Frequent Updates: The news content must be updated frequently. This aspect, central to the original rule, remains a cornerstone of eligibility, recognizing the dynamic nature of news dissemination.

All other elements of the group registration option finalized in July 2024 are set to remain unchanged, apart from separate discussions regarding potential fee increases.

Implications for News Publishers and Copyright Protection

This proposed change represents a practical and responsive adjustment by the Copyright Office to the evolving landscape of digital journalism. By broadening the definition of a "news website," the Office is acknowledging the growing prominence of niche news organizations, investigative journalism outlets focused on specific areas, and highly localized news platforms. This amendment could significantly ease the administrative burden for these publishers, allowing them to more efficiently secure copyright protection for their valuable content. For legal professionals and policymakers, this proposal underscores the ongoing effort to adapt intellectual property law to the realities of the digital age, ensuring that copyright protection mechanisms are both effective and accessible.

Opportunity for Public Comment

The U.S. Copyright Office is actively seeking public comment on its proposal. Interested parties, including news publishers, legal experts, and copyright holders, are encouraged to submit their written feedback. Comments must be received by the U.S. Copyright Office no later than June 29, 2026. Submissions are primarily handled electronically via regulations.gov, with specific instructions available on the Copyright Office website. This public comment period offers a critical opportunity for stakeholders to voice their perspectives and contribute to the final shape of this important regulatory update.