Section 201.20, "Methods of Affixation and Positions of the Copyright_Supplementary Copyright Statutes, US Copy. Office

Produced by George Davis

Supplemental Copyright Information

As Published by The United States Copyright Office (USCO)

Included in this Project Gutenberg etext are the following items,

published by the United States Copyright Office. Each item is

separated by a page break and a string of 5 asterisks (*****).

a. Circular 3: Copyright Notice

b. Circular 15: Renewal of Copyright

c. Circular 15t: Extension of Copyright Terms

d. Circular 22: Highlights of Copyright Amendments

Contained in the Uruguay Round Agreements Act (URAA)

e. WIPO Copyright Treaty

*****

United States Copyright Office

Circular 3

========================================================================

INTRODUCTION

The use of a copyright notice is no longer required under U.S. law,

although it is often beneficial. Because prior law did contain such a

requirement, however, the use of notice is still relevant to the

This circular discusses both the copyright notice provisions as

originally enacted in the 1976 Copyright Act (title 17, U.S. Code),

which took effect January 1, 1978, and the effect of the 1988 Berne

Convention Implementation Act, which amended the copyright law to make

the use of a copyright notice optional on copies of *works published on

and after March 1, 1989*. Specifications for the proper form and

placement of the notice are described in this circular.

Works published before January 1, 1978, are governed by the previous

States.

The Uruguay Round Agreements Act of 1994 (URAA) (PL 103-465) modified

the effect of publication without notice for certain foreign works.

Under this Act, copyright is automatically restored, effective January

1, 1996, for certain foreign works placed into the public domain because

of lack of proper notice or noncompliance with other legal requirements.

Although restoration is automatic, if the copyright owner wishes to

enforce rights against reliance parties (those who, relying on the

public domain status of a work, were already using the work before the

URAA was enacted), he/she must either file with the Copyright Office a

Notice of Intent to Enforce the restored copyright or serve such a

notice on the reliance party.

For more information about the copyright notice under the law in effect

before January 1, 1978, request Circular 96 Section 202.2, "Copyright

Notice", from the Copyright Office. For more information about

restoration of copyright under the URAA, request Circular 38b,

"Highlights of Copyright Amendments Contained in the Uruguay Round

Agreements Act (URAA)."

---------------------------

USE OF THE COPYRIGHT NOTICE

---------------------------

States to authors of "original works of authorship." When a work is

published under the authority of the copyright owner (see definition of

"publication" below), a notice of copyright may be placed on all

publicly distributed copies or phonorecords. The use of the notice is

the responsibility of the copyright owner and does not require

permission from, or registration with, the Copyright Office.

Use of the notice may be important because it informs the public that

the work is protected by copyright, identifies the copyright owner, and

shows the year of first publication. Furthermore, in the event that a

work is infringed, if the work carries a proper notice, the court will

not *give any weight to a defendant's interposition of an innocent

infringement defense*--that is, that he or she did not realize that the

work was protected. An innocent infringement defense may result in a

reduction in damages that the copyright owner would otherwise receive.

For works first published on and after March 1, 1989, use of the

notice was mandatory on all published works. Omitting the notice on any

work first published before that date could result in the loss of

amount of time. The curative steps are described in this circular under

"Omission of Notice and Errors in Notice."

The Copyright Office does not take a position on whether reprints of

works first published with notice before March 1, 1989, which are

distributed on or after March 1, 1989, must bear the copyright notice.

WHAT IS PUBLICATION?

The 1976 Copyright Act defines publication as "the distribution of

copies or phonorecords of a work to the public by sale or other transfer

of ownership, or by rental, lease, or lending." An offering to

distribute copies or phonorecords to a group of persons for purposes of

further distribution, public performance, or public display also

constitutes publication. The following do not constitute publication:

printing or other reproduction of copies, performing or displaying a

work publicly, or sending copies to the Copyright Office.

The copyright notice has never been required on unpublished works.

However, because the dividing line between a preliminary distribution

and actual publication is sometimes difficult to determine, the

phonorecords that leave his or her control to indicate that rights are

claimed.

An appropriate notice for an unpublished work might be: Unpublished work

(C in a circle symbol) 1998 John Doe.

------------------------------------------------------------------------

FORM OF NOTICE

--------------

The form of the copyright notice used for "visually perceptible"

copies--that is, those that can be seen or read, either directly (such

as books) or with the aid of a machine (such as films)--is different

from the form used for phonorecords of sound recordings (such as compact

disks or cassettes).

VISUALLY PERCEPTIBLE COPIES

The notice for visually perceptible copies should contain three

elements. They should appear together or in close proximity on the

copies. The elements are:

1. *The symbol* (the letter C in a circle), or the word "Copyright", or

the abbreviation "Copr."; and

2. *The year of first publication.* If the work is a derivative work or

a compilation incorporating previously published material, the year

date of first publication of the derivative work or compilation is

sufficient. Examples of derivative works are translations or

dramatizations; an example of a compilation is an anthology. The year

may be omitted when a pictorial, graphic, or sculptural work, with

accompanying textual matter, if any, is reproduced in or on greeting

cards, postcards, stationery, jewelry, dolls, toys, or useful

articles; and

3. *The name of the owner of copyright in the work*, or an abbreviation

by which the name can be recognized, or a generally known alternative

designation of the owner.

Example: (C in a circle symbol) 1999 Jane Doe

The "C in a circle" notice is used only on "visually perceptible"

copies. Certain kinds of works, for example, musical, dramatic, and

literary works, may be fixed not in "copies" but by means of sound in an

audio recording. Since audio recordings such as audio tapes and

phonograph disks are "phonorecords" and not "copies", the "C in a

circle" notice is not used to indicate protection of the underlying

musical, dramatic, or literary work that is recorded.

*The United States is a member of the Universal Copyright Convention

(the UCC), which came into force on September 16, 1955. To guarantee

protection for a copyrighted work in all UCC member countries, the

notice must consist of the symbol (C in a circle symbol)(the word

"Copyright" or the abbreviation are not acceptable), the year of

first publication, and the name of the copyright proprietor.

Example: (C in a circle symbol) 1999 John Doe. For information about

international copyright relationships, request Circular 38a,

"International Copyright Relations of the United States."

PHONORECORDS OF SOUND RECORDINGS

The copyright notice for phonorecords embodying a sound recording is

different from that for other works. Sound recordings are defined as

"works that result from the fixation of a series of musical, spoken or

other sounds, but not including the sounds accompanying a motion picture

or other audiovisual work." Copyright in a sound recording protects the

particular series of sounds fixed in the recording against unauthorized

reproduction, revision, and distribution. This copyright is distinct

from copyright of the musical, literary, or dramatic work that may be

recorded on the phonorecord.

Phonorecords may be records (such as LPs and 45s), audio tapes,

cassettes, or disks. The notice should contain the following three

elements appearing together on the phonorecord:

1. *The symbol* (the letter P in a circle); and

2. *The year of first publication* of the sound recording; and

3. *The name of the owner of copyright* in the sound recording, or an

abbreviation by which the name can be recognized, or a generally

known alternative designation of the owner. If the producer of the

sound recording is named on the phonorecord label or container and if

no other name appears in conjunction with the notice, the producer's

name shall be considered a part of the notice. Example: (P in a

circle symbol) 1999 X.Y.Z. Records, Inc.

------------------------------------------------------------------------

CONTRIBUTIONS TO COLLECTIVE WORKS

A "collective work" is one in which a number of contributions that are

separate and independent works in themselves are assembled into a

collective whole. Examples of collective works include periodicals (such

as magazines and journals), encyclopedias, and anthologies.

A single copyright notice applicable to the collective work as a whole

serves to indicate protection for all the contributions in the

collective work, except for advertisements, regardless of the ownership

of copyright in the individual contributions and whether they have been

published previously.

However, a separate contribution to a collective work may bear its own

notice of copyright, and in some cases, it may be advantageous to

utilize the separate notice. As a practical matter, a separate notice

will inform the public of the identity of the owner of the contribution.

For works first published before March 1, 1989, there may be additional

reasons to use a separate notice. If the owner of the collective work is

not the same as the owner of an individual contribution that does not

bear its own notice, the contribution is considered to bear an erroneous

notice. (For the effects of a notice with the wrong name, see "Error in

Name" on page 5 of this circular.) Additionally, if an individual author

of contributions to a periodical wishes to make a single registration

for a group of contributions published within a 12-month period, each

contribution must carry its own notice. For information on this type of

registration, request Form GR/CP and Information Package 104.

A notice for the collective work will not serve as the notice for

advertisements inserted on behalf of persons other than the copyright

owner of the collective work. These advertisements should each bear a

separate notice in the name of the copyright owner of the advertisement.

------------------------------------------------

PUBLICATIONS INCORPORATING U.S. GOVERNMENT WORKS

Works by the U.S. Government are not eligible for copyright protection.

For works published on and after March 1, 1989, the previous notice

requirement for works consisting primarily of one or more U.S.

Government works has been eliminated. However, use of a notice on such a

work will defeat a claim of innocent infringement as previously

described *provided* the notice also includes a statement that

identifies either those portions of the work in which copyright is

claimed or those portions that constitute U.S. Government material. An

example is: "(C in a circle symbol) 1998 Ann Doe. Copyright claimed in

Chapters 7-10, exclusive of U.S. Government maps."

Copies of works published before March 1, 1989, that consist primarily

of one or more works of the U.S. Government should have a notice and the

identifying statement.

------------------------------------------------------------------------

POSITION OF NOTICE

The copyright notice should be placed on copies or phonorecords in such

a way that it gives reasonable notice of the claim of copyright. The

notice should be permanently legible to an ordinary user of the work

under normal conditions of use and should not be concealed from view

upon reasonable examination. The Copyright Office has issued

regulations, summarized below, concerning the position of the notice and

methods of affixation (37 C.F.R., Part 201). To read the complete

regulations, request Circular 96 Section 201.20, "Methods of Affixation

and Positions of the Copyright Notice on Various Types of Works," or

consult the Code of Federal Regulations in your local library.

The following locations and methods of affixation are examples of

appropriate position of notice. These examples are not exhaustive.

Works Published in Book Form

+ Title page

+ Page immediately following the title page

+ Either side of the front or back cover

+ First or last page of the main body of the work *Single-leaf Works*

+ Front or back

Works Published as Periodicals or Other Serials

+ Any location acceptable for books

+ As part of, or adjacent to, the masthead or on the page containing

the masthead

+ Adjacent to a prominent heading, appearing at or near the front of

the issue, containing the title of the periodical and any

combination of the volume and issue number and date of the issue

Works Published as Separate Contributions to Collective Works

For a separate contribution reproduced on only one page:

+ Under the title or elsewhere on the same page For a separate

contribution reproduced on more than one page:

+ Under a title appearing at or near the beginning of the contribution

+ On the first page of the main body of the contribution

+ Immediately following the end of the contribution

+ On any of the pages where the contribution appears if the

contribution consists of no more than 20 pages, the notice is

reproduced prominently, and the application of the notice to the

particular contribution is clear

Works Reproduced in Machine-Readable Copies

+ With or near the title or at the end of the work, on visually

perceptible printouts

+ At the user's terminal at sign-on

+ On continuous display on the terminal l Reproduced durably on a

gummed or other label securely affixed to the copies or to a

container used as a permanent receptacle for the copies

Motion Pictures and Other Audiovisual Works

A notice embodied in the copies by a photomechanical or electronic

process so that it ordinarily would appear whenever the work is

performed in its entirety may be located:

+ With or near the title

+ With the cast, credits, and similar information

+ At or immediately following the beginning of the work

+ At or immediately preceding the end of the work The notice on works

lasting 60 seconds or less, such as untitled motion pictures or

other audiovisual works, may be located:

+ In all the locations specified above for longer motion pictures; and

+ If the notice is embodied electronically or photo-mechanically, on

the leader of the film or tape immediately preceding the work. For

audiovisual works or motion pictures distributed to the public for

private use, the locations include the above, and in addition:

+ On the permanent housing or container

Pictorial, Graphic, and Sculptural Works

For works embodied in two-dimensional copies, a notice may be affixed

directly, durably, and permanently to:

+ The front or back of the copies;

+ Any backing, mounting, framing, or other material to which the

copies are durably attached, so as to withstand normal use. For

works reproduced in three-dimensional copies, a notice may be

affixed directly, durably, and permanently to:

+ Any visible portion of the work;

+ Any base, mounting, or framing or other material on which the copies

are durably attached.

For works on which it is impractical to affix a notice to the copies

directly or by means of a durable label, a notice is acceptable if it

appears on a tag or durable label attached to the copy so that it will

remain with it as it passes through commerce.

For works reproduced in copies consisting of sheet-like or strip

material bearing multiple or continuous reproductions of the work, such

as fabrics or wallpaper, the notice may be applied:

+ To the reproduction itself;

+ To the margin, selvage, or reverse side of the material at frequent

and regular intervals; or

+ If the material contains neither a selvage nor reverse side, to tags

or labels attached to the copies and to any spools, reels, or

containers housing them in such a way that the notice is visible in

commerce.

------------------------------------------------------------------------

OMISSION OF NOTICE AND ERRORS IN NOTICE

---------------------------------------

The 1976 Copyright Act attempted to ameliorate the strict consequences

of failure to include notice under prior law. It contained provisions

that set out specific corrective steps to cure omissions or errors in

notice. Under these provisions, an applicant had 5 years after

publication to cure omission of notice or certain errors. Although these

provisions are technically still in the law, their impact has been

limited by the Berne amendment making notice optional for all works

published on and after March 1, 1989. There may still be instances, such

as the defense of innocent infringement, where the question of proper

notice may be a factor in assessing damages in infringement actions.

Omission Of Notice

"Omission of notice" is publishing without a notice. In addition, some

errors are considered the same as omission of notice. These are:

+ A notice that does not contain the (the letter C in a circle

symbol), or the word "Copyright" or the abbreviation "Copr." or, if

the work is a sound recording, the symbol P (the letter P in a

circle);

+ A notice dated more than 1 year later than the date of first

publication;

+ A notice without a name or date that could reasonably be considered

part of the notice;

+ A notice that lacks the statement required for works consisting

preponderantly of U.S. Government material; and

+ A notice located so that it does not give reasonable notice of the

claim of copyright.

The omission of notice does not affect the copyright protection, and no

corrective steps are required if the work was published on or after

March 1, 1989. For works published between January 1, 1978, but before

March 1, 1989, no corrective steps are required if:

1. The notice is omitted from no more than a relatively small number of

copies or phonorecords distributed to the public; or

2. The omission violated an express written requirement that the

published copies or phonorecords bear the prescribed notice.

In all other cases of omission in works published before March 1, 1989,

to preserve copyright:

1. The work must have been registered before it was published in any

form or before the omission occurred, or it must have been registered

within 5 years after the date of publication without notice; and

2. The copyright owner must have made a reasonable effort to add the

notice to all copies or phonorecords that were distributed to the

public in the United States after the omission was discovered. If

these corrective steps were not taken, the work went into the public

domain in the United States 5 years after publication. At that time

all U.S. copyright protection was lost and cannot be restored.

Error in Year

If the copyright duration depends on the date of first publication and

the year given in the notice is earlier than the actual publication

date, protection may be shortened by beginning the term on the date in

the notice. (For later date in the notice, see "Omission of Notice.")

Example: A work made for hire is created in 1983 and is first published

in 1988. However, the notice contains the earlier year of 1987. In this

case, the term of copyright protection would be measured from the year

in the notice, and the expiration date would be 2082, 95 years from

1987.

Error in Name

When the person named in the notice is not the owner of copyright, the

error may be corrected by:

1. Registering the work in the name of the true owner;

*or*

2. Recording a document in the Copyright Office executed by the person

named in the notice that shows the correct ownership. Otherwise,

anyone who innocently infringes the copyright and can prove that he

or she was misled by the notice and obtained a transfer or license

from the person named in the notice may have a complete defense

against the infringement.

------------------------------------------------------------------------

MANDATORY DEPOSIT

All works under copyright protection and published in the United

States on or after March 1, 1989, are subject to mandatory deposit

whether published with or without a notice.

Works first published *before* March 1, 1989, are subject to mandatory

deposit if they were published in the United States with notice of

States, the owner of copyright or of the exclusive right of publication

must deposit two copies (or, in the case of sound recordings, two

phonorecords) of the work in the Copyright Office for the use or

disposition of the Library of Congress.

The Copyright Office has issued regulations exempting certain categories

of works entirely from the mandatory de-posit requirements and reducing

the obligation for other categories. If copyright registration is

sought, the same deposit may be used for the mandatory deposit and for

registration. For further information about mandatory deposit, request

Circular 7d, "Mandatory Deposit of Copies or Phonorecords for the

Library of Congress."

------------------------------------------------------------------------

FOR MORE INFORMATION

Information via the Internet:

Frequently requested circulars, announcements, regulations, other

related materials, and all copyright application forms are available via

the Internet. You may access these via the Copyright Office homepage at

[http://www.loc.gov/copyright].

Information by Fax:

Circulars and other information (but not application forms) are

available from Fax-on-Demand at (202) 707-2600.

Information by telephone:

For information about copyright, call the Public Information Office at

(202) 707-3000. The TTY number is (202) 707-6737. Information

specialists are on duty in the Public Information Office from 8:30 a.m.

to 5:00 p.m. eastern time, Monday through Friday, except federal

holidays. Recorded information is available 24 hours a day. Or, if you

know which application forms and circulars you want, request them from

the Forms and Publications Hotline at (202) 707-9100 24 hours a day.

Leave a recorded message.

Information by regular mail:

Write to:

Library of Congress

Public Information Office

101 Independence Avenue,

S.E. Washington, D.C. 20559-6000

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REV: June 1999

Format Note:

This electronic version has been altered slightly from the original

printed text for presentation on the World Wide Web. For a copy of the

original circular, consult the pdf version or write to Copyright Office,

101 Independence Avenue S.E., Washington, D.C. 20559-6000.

--------------------------------------------------------------------------

04/04/2000

*****

United States Copyright Office

Circular 15

Renewal of Copyright

========================================================================

-------------------------------------------------------------------------

IMPORTANT:

+ Public Law 102-307, enacted on June 26, 1992, amended the copyright law

to make renewal automatic and renewal registration optional for works

originally copyrighted between January 1, 1964, and December 31, 1977.

+ While this amendment to the current law makes renewal registration

optional for works copyrighted between January 1, 1964, and December

31, 1977, there are a number of incentives that encourage the filing of

a renewal application, especially during the 28th year of the copyright

term.

+ Public Law 105-298, enacted on October 27, 1998, amended the copyright

law to add 20 years to the copyright term.

-------------------------------------------------------------------------

------------------

THE RENEWAL SYSTEM

------------------

Under the 1909 copyright law, works copyrighted in the United States

before January 1, 1978, were subject to a renewal system in which the

term of copyright was divided into two consecutive terms. Renewal

registration, within strict time limits, was required as a condition of

securing the second term and extending the copyright to its maximum

length.

On January 1, 1978, the current copyright law (title 17 of the United

States Code) came into effect in the United States. This law retained the

renewal system for works that were copyrighted before 1978 and were still

in their first terms on January 1, 1978. For these works the statute

provides for a first term of copyright protection lasting for 28 years,

with the possibility for a second term of 47 years. The 1992 amending

legislation automatically secures this second term for works copyrighted

between January 1, 1964, and December 31, 1977.

+ If a copyright originally secured before January 1, 1964, was not

renewed at the proper time, copyright protection expired at the end of

the 28th calendar year of the copyright and could not be restored.

----------------------------------------------------------------------

THE EFFECT OF THE 1992 AND THE 1998 AMENDMENTS ON RENEWAL OF COPYRIGHT

----------------------------------------------------------------------

+ WORKS COPYRIGHTED BETWEEN JANUARY 1, 1964, AND DECEMBER 31, 1977, are

affected by P.L. 102-307, which automatically secured the second term

and made renewal registration optional, and by Public Law 105-298,

which added an additional 20 years to the second term of copyright for

these works. The term of copyright in works copyrighted between January

1, 1964, and December 31, 1977, is now 95 years. There is no

requirement to register a renewal in order to extend the original 28-

year copyright term to the full term of 95 years. Although the renewal

term is secured automatically, the Copyright Office does not issue a

renewal certificate for these works unless a renewal application and

fee are received and registered in the Copyright Office.

The benefits to making a renewal registration during the 28th year of the

original term of copyright are:

1. The renewal copyright vests in the name of the renewal claimant on the

effective date of the renewal registration.

For example, if a renewal registration is made in the 28th year and the

renewal claimant dies following the renewal registration but before the

end of the year, the renewal copyright is secured on behalf of that

renewal claimant and the 67 years of renewal copyright become a part of

that individual's estate.

NOTE: If the renewal registration is not made in the 28th year, the

renewal copyright will vest on the first day of the renewal term in the

party entitled to claim renewal as of December 31 of the 28th year.

2. The Copyright Office issues a renewal certificate, which constitutes

prima facie evidence as to the validity of the copyright during the

renewed and extended term and of the facts stated in the certificate.

3. The right to use the derivative work in the extended term may be

affected.

For example, if an author dies before the 28th year of the original term

and a statutory renewal claimant registers a renewal within the 28th

year, that claimant can terminate an assignment made by the deceased

author authorizing the exploitation of a derivative work. If a renewal is

not made during the 28th year, a derivative work created during the first

term of copyright under a prior grant can continue to be used according

to the terms of the grant. Thus, an author or other renewal claimant

loses the right to object to the continued use of the derivative work

during the second term by failing to make a timely renewal, but any terms

in the prior grant concerning payment or use, e.g., a royalty, must

continue to be honored. This exception does not apply to a new derivative

work, which can only be prepared with the consent of the author or other

renewal claimant.

A renewal registration made after the 28th year will not confer the

benefits mentioned above but will confer other benefits denied to

unregistered works. For example, renewal registration establishes a

public record of copyright ownership in a work at the time that the

renewal was registered. The courts have discretion to determine the

evidentiary weight accorded a certificate of renewal registration when

registration is made after the 28th year of the copyright term. Renewal

registration is a prerequisite to statutory damages and attorney's fees

for published works not registered for the original term.

In cases where no original registration or renewal registration is made

before the expiration of the 28th year, important benefits can still be

secured by filing a renewal registration at any time during the renewal

term. These benefits would include, for example, statutory damages and

attorney's fees in any infringement suit for infringements occurring

after the renewal registration is made. Also, it is a requirement to get

into court in certain circumstances under section 411 (a), and it creates

a public record both to defend against innocent infringers and to

facilitate easier licensing of the work.

---------------------

RENEWAL FILING PERIOD

---------------------

For works copyrighted between January 1, 1964, and December 31,1977, an

application for renewal of copyright can be made:

+ within the last (28th) calendar year of the original term of copyright

+ at any time during the renewed and extended term of 67 years.

To determine the filing period for renewal during the original term:

1. First, determine the date of original copyright for the work. (In the

case of works originally registered in unpublished form, copyright began

on the date of registration; for published works, copyright began on the

date of first publication with copyright notice.)

2. Then add 28 years to the year the work was originally copyrighted.

This will determine the calendar year during which the copyright becomes

eligible for renewal with a renewal filing during the original term due

by December 31 of that year. An exception to this rule exists when the

date of first publication. In this case, the renewal filing period is

computed from the year date in the copyright notice. For example, a work

published January 20, 1975, contains a copyright notice reading

from the year 1974.

To renew a copyright during the original copyright term, the renewal

application and fee must be received in the Copyright Office during the

28th year of the original term of copyright. All terms of original

for renewal registration in the original term from December 31 of the

27th year of the copyright through December 31 of the following year.

Note: The Copyright Office does not notify authors or claimants when the

copyrights in their works become eligible for renewal.

=====================

WHO MAY CLAIM RENEWAL

=====================

Renewal copyright may be claimed only by those persons specified in the

law.

A. The following persons may claim renewal in all types of works except

those enumerated in Paragraph B below:

1. The author, if living, may claim as the author.

2. If the author is dead, the widow or widower of the author, or the

child or children of the author, or both, may claim as the widow of the

author or the widower of the author and/or the child of the deceased

author or the children of the deceased author.

3. If there is no surviving widow, widower, or child, and the author left

a will, the author's executors may claim as the executors of the author.

4. If there is no surviving widow, widower, or child, and the author left

no will or the will has been discharged, the next of kin may claim as the

next of kin of the deceased author, there being no will.

B. Only in the case of the following four types of works may the

1. Posthumous work (a work published after the author's death as to which

no copyright assignment or other contract for exploitation has occurred

during the deceased author's lifetime). Renewal may be claimed as

proprietor of copyright in a posthumous work.

2. Periodical, cyclopedic, or other composite work. Renewal may be

claimed as proprietor of copyright in a composite work.

3. Work copyrighted by a corporate body otherwise than as assignee or

licensee of the individual author. Renewal may be claimed as proprietor

of copyright in a work copyrighted by a corporate body otherwise than as

assignee or licensee of the individual author. (This type of claim is

considered appropriate in relatively few cases.)

4. Work copyrighted by an employer for whom such work was made for hire.

Renewal may be claimed as proprietor of copyright in a work made for

hire.

For registration in the 28th year of the original copyright term, the

renewal claimant is the individual(s) or entity who is entitled to claim

renewal copyright on the date the application is filed.

For registration after the 28th year of the original copyright term, the

renewal claimant is the individual(s) or entity who is entitled to claim

renewal copyright on December 31 of the 28th year.

===============================

HOW TO REGISTER A RENEWAL CLAIM

===============================

APPLICATION FORM

Application for renewal registration must be filed on Form RE, which is

supplied by the Copyright Office on request. It is also available from

the Copyright Office Website at http://www.loc.gov/copyright.

RENEWAL FEE

The filing fee for a renewal application is $45*. If several applications

are submitted at the same time, a remittance for the total amount should

accompany them.

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*NOTE: Fees are effective through June 30, 2002. After that date, check

the Copyright Office Website at http://www.loc.gov/copyright or call

(202) 707-3000 for current fee information.

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All remittances should be in the form of drafts (that is, checks, money

orders, or bank drafts) payable to: Register of Copyrights. Do not send

cash. The Copyright Office cannot assume any responsibility for the loss

of currency sent in payment of copyright fees.

Drafts must be redeemable without service or exchange fee through a U.S.

institution, must be payable in U.S. dollars, and must be imprinted with

American Banking Association routing numbers.

If a check received in payment of the filing fee is returned to the

registration and will notify the applicant. The fee for processing a

renewal claim is nonrefundable, whether or not renewal registration is

ultimately made.

ORIGINAL AND RENEWAL REGISTRATION DURING THE 28TH YEAR

An original registration can be made only during the first 28-year term

of copyright protection. However, it is possible to make both an original

registration and a renewal registration during the 28th year of the

form, accompanied by deposit copies and a $30* filing fee, and a Form RE

and a $45* filing fee.

RENEWAL REGISTRATION WITHOUT ORIGINAL REGISTRATION

A renewal registration may be made without making an original

registration during the 28th year of the original term. A renewal

application Form RE must be filed, accompanied by the Form RE Addendum, a

copy of the work as first published or appropriate identifying material

in accordance with the requirements of 37 CFR 202.20 and 202.21, and the

filing fee. (Request Circular 96 202.17 for further information.)

The information in the Form RE Addendum is necessary to establish that

deposit copy facilitates the examination of the claim to copyright which

is submitted for renewal, and it is available for accession by the

Library of Congress to its collections for the benefit of the nation.

A single $60* fee will be required for a renewal registration using Form

RE and Form RE Addendum. Please contact the Renewals Section in the

(202) 707-8180 or fax at (202) 707-3849 or write to the Copyright Office

at:

Library of Congress

Renewals Section, LM-449

101 Independence Avenue, S.E.

Washington, D.C. 20559-6000

============

NEW VERSIONS

============

arrangement, translation, dramatization, compilation, or work republished

with new matter) covers only the additions, changes, or other new

material appearing for the first time in that version. The copyright

secured in a new version is independent of any copyright protection in

material published or copyrighted earlier, and the only "authors" of a

new version are those who contributed copyrightable matter to it. Thus,

for renewal purposes, the person who wrote the original version upon

which the new work is based cannot be regarded as an "author" of the new

version, unless that person also contributed to the new matter.

=====================================================

CONTRIBUTIONS TO PERIODICALS OR OTHER COMPOSITE WORKS

=====================================================

SEPARATE RENEWAL FOR A SINGLE CONTRIBUTION

Separate renewal registration is possible for a work published as a

contribution to a periodical, serial, or other composite work whether or

not the contribution was copyrighted independently or as part of the

larger work in which it appeared. Except in the cases described in the

next paragraph, each contribution published in a separate issue requires

a separate renewal registration.

RENEWAL FOR A GROUP OF CONTRIBUTIONS

+ Requirements for Group Renewal: A renewal registration using a single

application and $45*, plus $15* for each addendum, (if required) fee

can be made for a group of periodical contributions if all the

following five statutory conditions are met:

1. All the works were written by the same author, who is or was an

individual (not an employee for hire);

2. All of the works were first published as contributions to periodicals

(including newspapers) and were copyrighted on their first publication;

3. The renewal claimant or claimants and the basis of the claim or claims

are the same for all the works;

4. The renewal application and fee are received not less than 27 years

after the 31st day of December of the calendar year in which all the

works were first published; and

5. The renewal application identifies each work separately, including the

periodical containing it and the date of first publication.

+ TIME LIMITS FOR GROUP RENEWALS: To be renewed as a group, all the

contributions must have been first published during the same calendar

year. For example, suppose six contributions by the same author were

published on April 1, 1971; July 1, 1971; November 1, 1971; February 1,

1972; July 1, 1972; and March 1, 1973. The three 1971 copyrights can be

combined and renewed on the same Form RE at any time during 1999; the

two 1972 copyrights can be renewed as a group during 2000; but the 1973

==============================

NOTICE OF RENEWAL OF COPYRIGHT

==============================

The Copyright Office is frequently asked whether the notice of copyright

should be changed on copies of a work issued during the renewal term. The

original form of notice may therefore be considered appropriate. However,

a notice that also refers to the fact of renewal might be regarded as

more informative and, hence, preferable; for example:

==============================

EFFECTIVE DATE OF REGISTRATION

==============================

A renewal registration is effective on the date the Copyright Office

receives all the required renewal elements in acceptable form, regardless

of how long it then takes to process the application and mail the

certificate of registration. The time the Copyright Office requires to

process an application varies, depending on the amount of material the

Office is receiving. Please keep in mind that it may take a number of

days for mailed material to reach the Copyright Office and for the

certificate of registration to reach the recipient after being mailed by

the Copyright Office.

If you file an application for renewal registration in the Copyright

Office, you will not receive an acknowledgment that your application has

been received, but you can expect:

+ A letter or telephone call from a copyright examiner or other staff

member if further information is needed;

+ A certificate of registration to indicate the renewal has been

registered;

+ If renewal registration cannot be made, a letter explaining why it has

been refused.

If you want to know when the Copyright Office receives your material,

send it by registered or certified mail and request a return receipt from

the U.S. Postal Service. Allow at least 4-6 weeks for the return of your

receipt.

If you need additional application forms for renewal registration, call

(202) 707-9100 anytime, day or night, to record your request on the

number of forms you need.

You may photocopy blank application forms; however, photocopied forms

submitted to the Copyright Office must be clear and legible on a good

grade of 8-1/2 inch by 11 inch white paper suitable for automatic feeding

through a photocopier. The forms should be printed, preferably in black

ink, head-to-head (so that when you turn the sheet over, the top of page

2 is directly behind the top of page 1). FORMS NOT MEETING THESE

REQUIREMENTS WILL BE RETURNED TO THE ORIGINATOR.

If, after reading this circular, you have additional questions about

renewal of copyright, you may call the Renewals Section of the Examining

Division at (202) 707-8180 or fax at (202) 707-3849 or write to the

Library of Congress

Renewals Section, LM-449

101 Independence Avenue, S.E.

Washington, D.C. 20559-6000

=======================

FOR FURTHER INFORMATION

=======================

INFORMATION VIA THE INTERNET: Frequently requested circulars,

announcements, regulations, other related materials, and all copyright

application forms are available via the Internet. You may access these

via the Copyright Office homepage at http://www.loc.gov/copyright.

INFORMATION BY FAX: Circulars and other information (but not application

forms) are available by Fax-on-Demand at (202)707-2600.

INFORMATION BY TELEPHONE: For general information about copyright, call

the Copyright Public Information Office at (202)707-3000. The TTY number

is (202)707-6737. Information specialists are on duty from 8:30 a.m. to

5:00 p.m., eastern time, Monday through Friday, except federal holidays.

Recorded information is available 24 hours a day. Or, if you know which

application forms and circulars you want, request them from the Forms and

Publications Hotline at (202)707-9100 24 hours a day. Leave a recorded

message.

Information by regular mail:

Write to:

Library of Congress

Publications Section, LM-455

101 Independence Avenue, S.E.

Washington, D.C. 20559-6000

----------------------------------------------

Library of Congress

101 Independence Avenue, S.E.

Washington, D.C. 20559-6000

http://www.loc.gov/copyright

REV: June 1999 -- 15,000

WEB REV: June 1999

U.S. GOVERNMENT PRINTING OFFICE: 1999-454-879/4

*****

United States Copyright Office

Circular 15t

Extension of Copyright Terms

========================================================================

========================

PURPOSE OF THIS CIRCULAR

========================

This circular will inform you of the provisions in the copyright statute

affecting the duration of subsisting copyrights and give you some

information with examples illustrating what these provisions mean. For

works copyrighted for the first time on or after January 1, 1978, the

statutory provisions governing the duration of protection are quite

different and are not included in this circular. For general information

about duration of copyright under the current law, request Circular 15a,

"Duration of Copyright."

=============================================================

EFFECT OF 1976 COPYRIGHT LAW WITH AMENDMENTS OF 1992 AND 1998

=============================================================

The Copyright Act of October 1976 (Public Law 94-553, 90 Stat. 2541,

amending title 17 of the United States Code), effective January 1, 1978,

has been amended to extend the term of copyright on two subsequent

occasions with the passage of the Copyright Amendments Act of 1992

(Public Law 102-307, 10 6 Stat. 266, amending section 304 of title 17 of

the United States Code), and the Sonny Bono Copyright Term Extension Act

of 1998 (Public Law 105-298, 112 Stat. 2827, amending chapter 3 of title

17 of the United States Code).

Public Law 102-307, enacted on June 26, 1992, amended the copyright law

to make renewal automatic and renewal registration optional for works

originally copyrighted between January 1, 1964, and December 31, 1977.

Public Law 105-298, enacted on October 27, 1998, added an additional 20

years to the overall term of copyright protection.

--2--

+ COPYRIGHTS ALREADY IN THEIR SECOND TERM ON JANYARY 1, 1978: The

duration of the copyright term has automatically been prolonged to

last for a total of 95 years. No further renewal registration is

necessary.

+ COPYRIGHTS IN THEIR FIRST TERM ON JANUARY 1, 1978: Renewal registration

was still necessary to obtain the second term for works copyrighted

between January 1, 1950, and December 31, 1963. Renewal registration is

optional for works copyrighted between January 1, 1964, and December

31, 1977. In both cases, the renewal copyright is longer than the term

in effect before 1978. The renewal term extends the copyright for a

full term of 95 years.

================================================================

COPYRIGHTS IN THEIR SECOND TERM: AUTOMATIC EXTENSION OF DURATION

================================================================

RENEWED COPYRIGHTS AUTOMATICALLY EXTENDED TO MAXIMUM OF 95 YEARS

Under the statute, copyrights that had already been renewed and were in

their second term at any time between December 31, 1976, and December 31,

1977, inclusive, were automatically extended in duration. The total

length of these copyrights is now 95 years from the end of the year in

which they were originally secured.

EXAMPLE: A work that was first copyrighted on April 10, 1923, and

renewed between April 10, 1950, and April 10, 1951, would formerly have

fallen into the public domain after April 10, 1979. The current law

extends this copyright through the end of 2018.

These second-term copyrights cannot be renewed again. Under the law,

their extension to the maximum 95-year term is automatic and requires no

action in the Copyright Office.

A SPECIAL SITUATION:

COPYRIGHTS REGISTERED FOR RENEWAL BETWEEN DECEMBER 31, 1976, AND

DECEMBER 31, 1977

The automatic extension also applied to copyrights that were the subject

of a renewal registration between December 31, 1976, and December 31,

1977, even though their second term was not scheduled to commence until

sometime in 1978.

EXAMPLE: A work was first copyrighted on July 29, 1950, and a renewal

registration was made on September 1, 1977. The second term of

the need of any further renewal.

ANOTHER SPECIAL SITUATION:

COPYRIGHTS MORE THAN 56 YEARS OLD

The automatic extension applies not only to copyrights less than 56 years

old but also to older copyrights that have previously been extended in

duration under a series of Congressional enactments beginning in 1962.

[1] As in the case of all other copyrights subsisting in their second

term between December 31, 1976, and December 31, 1977, inclusive, these

copyrights will expire at the end of the calendar year in which the 95th

anniversary of the original date of copyright occurs, so long as the

became effective. [2]

EXAMPLE: A work that was first entered for copyright on October 5,

1907, and renewed in 1935, would formerly have fallen into the public

domain after October 5, 1963. The first Act extended the copyright to

December 31, 1965; the second Act extended it to December 31, 1967; the

third Act extended it to December 31, 1968; the fourth Act extended it

to December 31, 1969; the fifth Act extended it to December 31, 1970;

the sixth Act extended it to December 31, 1971; the seventh Act

extended it to December 31, 1972; the eighth Act extended it to

December 31, 1974; the ninth Act extended it to December 31, 1976, and

the Copyright Act of 1976 finally extended the copyright through the

end of 1982 (75 years from the end of the year in which the copyright

was originally secured).

==================================================================

COPYRIGHTS SECURED BETWEEN JANUARY 1, 1950, AND DECEMBER 31, 1963:

RENEWAL WAS NECESSARY

==================================================================

Copyrights whose first 28-year term of copyright was secured between

January 1, 1950, and December 31, 1963, including works protected in

their first term under the Universal Copyright Convention, still had to

be renewed within strict time limits in order to receive the maximum

statutory duration. U.S. adherence to the Berne Convention did not alter

this requirement. Renewal registration had to be made within a year

period beginning on December 31 of the

--3--

27th year of the copyright and running through December 31 of the

following year.

If a valid renewal registration was made at the proper time, the second

term lasts for 67 years. This is 39 years longer than the 28-year renewal

term provided under the 1909 law and makes the two terms of protection

for the renewed copyright last for a total of 95 years. However, if

renewal registration was not made within the statutory time limits, these

copyrights expired at the end of their first terms and protection was

lost permanently.

=================================================================

COPYRIGHTS SECURED BETWEEN JANUARY 1, 1964, AND DECEMBER 31, 1977

=================================================================

The amendment to the copyright law enacted June 26, 1992, makes renewal

registration optional, and the amendment enacted October 27, 1998,

further extends the renewal term to 67 years. The copyright is still

divided between a 28-year original term and a 67-year renewal term, but

the renewal term automatically vests on December 31st of the 28th year. A

renewal registration is not required to secure the renewal copyright.

Certain benefits accrue to making renewal registrations, and the

15, "Renewal of Copyright," for a discussion of the benefits of making

renewal registration.

==========================================================

OTHER STATUTORY PROVISIONS AFFECTING SUBSISTING COPYRIGHTS

==========================================================

YEAR-END EXPIRATION OF COPYRIGHTTERMS

The law provides that all terms of copyright will run through the end of

the calendar year in which they would otherwise expire. This affects the

duration of all copyrights, including those subsisting in either their

first or second term in January 1, 1978. For works eligible for renewal

registration, the renewal filing period begins on December 31st of the

27th year of the copyright term and ends on December 31st of the 28th

year of the copyright term.

TERMINATION OF GRANTS

For works already under statutory copyright on January 1, 1978, the law

also contains special provisions allowing the termination of any grant of

rights made by an author and covering any part of the period (usually 39

years) that has now been added to the end of the renewal copyright. This

right to reclaim ownership of all or any part of the extended term is

optional. It can be exercised only by certain persons (the author, or

specified heirs of the author), and it must be exercised in accordance

with prescribed conditions and within strict time limits.

=================================

A CHECKLIST OF POINTS TO REMEMBER

=================================

+ Copyrights already in their second term on January 1, 1978, have been

automatically extended up to a maximum of 95 years without the need for

further renewal.

+ Copyrights secured between January 1, 1950, and December 31, 1963, had

to be renewed within a strict 1-year time limit; if not renewed they

expired at the end of their 28th calendar year.

+ Copyrights secured between January 1, 1964, and December 31, 1977, are

renewed automatically even if renewal registration is not made; renewal

registration is optional and if timely made, entitles the claimant to a

presumption of validity and other advantages.

+ Works in the public domain cannot be protected by copyright. The 1976

Act, the 1992 amendment, and the 1998 amendment do not provide a

procedure for restoring protection for works in which copyright has

been lost for any reason.

+ Exception: Under the provisions of the Uruguay Round Agreements Act

(URAA), certain foreign works whose U.S. copyright protection had been

lost because of non-compliance with formalities of U.S. law were

restored as of January 1, 1996. Such works may be registered using Form

GATT. For more information, request Circular 38b, "Highlights of

(URAA-GATT)."

+ A work published before January 1, 1964, and originally copyrighted

within the past 75 years may still be protected by copyright if a valid

renewal registration was made during the 28th year of the first term of

the copyright. If renewed and if still valid under the other provisions

of the law, the copyright will now expire 95 years from the end of the

year in which it was first secured. Works published before January 1,

1923, have fallen into the public domain, but works published after

that date could still be protected by copyright if the copyright was

renewed by registration or automatically by law under Public Law

102-307.

=======================

FOR FURTHER INFORMATION

=======================

INFORMATION VIA THE INTERNET: Frequently requested circulars,

announcements, regulations, other related materials, and all copyright

application forms are available via the Internet. You may access these

via the Copyright Office homepage at http://www.loc.gov/copyright.

INFORMATION BY FAX: Circulars and other information (but not application

forms) are available by Fax-on-Demand at (202)707-2600.

INFORMATION BY TELEPHONE: For general information about copyright, call

the Copyright Public Information Office at (202)707-3000. The TTY number

is (202)707-6737. Information specialists are on duty from 8:30 a.m. to

5:00 p.m., eastern time, Monday through Friday, except federal holidays.

Recorded information is available 24 hours a day. Or, if you know which

application forms and circulars you want, request them from the Forms and

Publications Hotline at (202)707-9100 24 hours a day. Leave a recorded

message.

Information by regular mail: Write to:

Library of Congress

Publications Section, LM-455

101 Independence Avenue, S.E.

Washington, D.C. 20559-6000

--------

ENDNOTES

1 The enactments were Public Laws 87-668, 89-142, 90-141, 90-416,

91-147, 91-555, 92-170, 92-566, and 93-573. Their effect was to extend

the second term of all renewed copyrights scheduled to expire between

September 19, 1962, and December 3, 1976, through the end of 1976.

2 Works published before January 1, 1923, would have fallen into the

public domain at the end of calendar year 1997. Consequently, these works

do not receive the additional 20 years of copyright protection created by

Public Law 105-298.

----------------------------------------------

U.S. GOVERNMENT PRINTING OFFICE: 1999-454-879/5

Library of Congress

101 Independence Avenue, S.E.

Washington, D.C. 20559-6000

www.loc.gov/copyright

June 1999 -- 15,000

WEB REV: June 1999

*****

United States Copyright Office

Circular 22

How to Investigate the Copyright Status of a Work

========================================================================

IN GENERAL

Methods of Approaching & Copyright Investigation

There are several ways to investigate whether a work is under copyright

protection and, if so, the facts of the copyright. These are the main

ones:

1. Examine a copy of the work for such elements as a copyright notice,

place and date of publication, author and publisher. If the work is a

sound recording, examine the disk, tape cartridge, or cassette in which

the recorded sound is fixed, or the album cover, sleeve, or container in

which the recording is sold.

2. Make a search of the Copyright Office catalogs and other records; or

3. Have the Copyright Office make a search for you.

A Few Words of Caution About Copyright Investigations

Even if you follow all three approaches, the results may not be

conclusive. Moreover, as explained in this circular, the changes brought

about under the Copyright Act of 1976, the Berne Convention

Implementation Act of 1988, the Copyright Renewal Act of 1992, and the

Sonny Bono Copyright Term Extension Act of 1998 must be considered when

investigating the copyright status of a work.

This circular offers some practical guidance on what to look for if you

are making a copyright investigation. It is important to realize,

however, that this circular contains only general information and that

there are a number of exceptions to the principles outlined here. In many

cases it is important to consult with a copyright attorney before

reaching any conclusions regarding the copyright status of a work.

---------------------------------------------------

HOW TO SEARCH COPYRIGHT OFFICE CATALOGS AND RECORDS

---------------------------------------------------

Catalog of Copyright Entries

The Copyright Office published the Catalog of Copyright Entries (CCE) in

printed format from 1891 through 1978. From 1979 through 1982 the CCE was

issued in microfiche format. The catalog was divided into parts according

to the classes of works registered. Each CCE segment covered all

registrations made during a particular period of time. Renewal

registrations made from 1979 through 1982 are found in Section 8 of the

catalog. Renewals prior to that time were generally listed at the end of

the volume containing the class of work to which they pertained.

A number of libraries throughout the United States maintain copies of the

Catalog, and this may provide a good starting point if you wish to make a

search yourself. There are some cases, however, in which a search of the

Catalog alone will not be sufficient to provide the needed information.

For example:

+ Because the Catalog does not include entries for assignments or other

recorded documents, it cannot be used for searches involving the

ownership of rights.

+ The Catalog entry contains the essential facts concerning a

registration, but it is not a verbatim transcript of the registration

record. It does not contain the address of the copyright claimant.

Effective with registrations made since 1982 when the CCE was

discontinued, the only method of searching outside the Library of

Congress is by using the Internet to access the automated catalog. The

automated catalog contains entries from 1978 to the present. Information

for accessing the catalog via the Internet is provided below.

Individual Searches of Copyright Records

The Copyright Office is located in the Library of Congress James Madison

Memorial Building, 101 Independence Avenue, S.E., Washington, D.C.

20559-6000.

Most Copyright Office records are open to public inspection and searching

from 8:30 a.m. to 5 p.m., eastern time, Monday through Friday, except

federal holidays.

The various records freely available to the public include an extensive

card catalog, an automated catalog containing records from 1978 forward,

record books, and microfilm records of assignments and related documents.

Other records, including correspondence files and deposit copies, are not

open to the public for searching.

However, they may be inspected upon request and payment of a $65 per hour

search fee. [1]

If you wish to do your own searching in the Copyright Office files open

to the public, you will be given assistance in locating the records you

need and in learning procedures for searching. If the Copyright Office

staff actually makes the search for you, a search fee must be charged.

The search will not be done while you wait. In addition, the following

files dating from 1978 forward are now available over the Internet: COHM,

which includes all material except serials and documents; COHD, which

includes documents; and COHS, which includes serials.

The Internet site addresses for the Copyright Office files are:

World Wide Web: www.loc.gov/copyright

Telnet: locis.loc.gov

Access to LOCIS requires Telnet support. If your online service provider

supports Telnet, you can connect to LOCIS through the World Wide Web or

directly by using Telnet.

The Copyright Office does not offer search assistance to users on the

Internet.

---------------------------------

SEARCHING BY THE COPYRIGHT OFFICE

---------------------------------

In General

Upon request, the Copyright Office staff will search its records at the

statutory rate of $65 [1] for each hour or fraction of an hour consumed.

Based on the information you furnish, we will provide an estimate of the

total search fee. If you decide to have the Office staff conduct the

search, you should send the estimated amount with your request. The

Office will then proceed with the search and send you a typewritten

report or, if you prefer, an oral report by telephone. If you request an

oral report, please provide a telephone number where you can be reached

from 8:30 a.m. to 5 p.m., eastern time.

Search reports can be certified on request for an extra fee of $65 per

hour. [1] Certified searches are most frequently requested to meet the

evidentiary requirements of litigation.

Your request and any other correspondence should be addressed to :

Library of Congress

Reference and Bibliography Section, LM-451

101 Independence Avenue, S.E.

Washington, D.C. 20559-6000

Tel: (202) 707-6850

Fax: (202) 252-3485

TTY:(202) 707-6737

What the Fee Does Not Cover

The search fee does not include the cost of additional certificates,

photocopies of deposits, or copies of other Office records. For

information concerning these services, request Circular 6, "Obtaining

Access to and Copies of Copyright Office Records and Deposits."

Information Needed

The more detailed information you can furnish with your request, the less

expensive the search will be. Please provide as much of the following

information as possible:

+ The title of the work, with any possible variants

+ The names of the authors, including possible pseudonyms

+ The name of the probable copyright owner, which may be the publisher or

producer

+ The approximate year when the work was published or registered

+ The type of work involved (book, play, musical composition, sound

recording, photograph, etc.)

+ For a work originally published as a part of a periodical or

collection, the title of that publication and any other information,

such as the volume or issue number, to help identify it

+ The registration number or any other copyright data

Motion pictures are often based on other works such as books or

serialized contributions to periodicals or other composite works. *If

you desire a search for an underlying work or for music from a motion

picture, you must specifically request such a search. You must also

identify the underlying works and music and furnish the specific titles,

authors, and approximate dates of these works.*

Searches Involving Assignments and Other Documents Affecting Copyright

Ownership

For the standard hourly search fee, the Copyright Office staff will

search its indexes covering the records of assignments and other recorded

documents concerning ownership of copyrights. The reports of searches in

these cases will state the facts shown in the Office's indexes of the

recorded documents but will offer no interpretation of the content of the

documents or their legal effect.

-----------------------

LIMITATIONS ON SEARCHES

-----------------------

In determining whether or not to have a search made, you should keep the

following points in mind:

NO SPECIAL LISTS. The Copyright Office does not maintain any listings of

works by subject or any lists of works that are in the public domain.

CONTRIBUTIONS NOT LISTED SEPARATELY IN COPYRIGHT OFFICE RECORDS.

Individual works such as stories, poems, articles, or musical

compositions that were published as contributions to a copyrighted

periodical or collection are usually not listed separately by title in

our records.

NO COMPARISONS. The Copyright Office does not search or compare copies of

works to determine questions of possible infringement or to determine how

much two or more versions of a work have in common.

TITLES AND NAMES NOT COPYRIGHTABLE. Copyright does not protect names and

titles, and our records list many different works identified by the same

or similar titles. Some brand names, trade names, slogans, and phrases

may be entitled to protection under the general rules of law relating to

unfair competition. They may also be entitled to registration under the

provisions of the trademark laws. Questions about the trademark laws

should be addressed to the Commissioner of Patents and Trademarks,

Washington, D.C. 20231. Possible protection of names and titles under

common law principles of unfair competition is a question of state law.

NO LEGAL ADVICE. The Copyright Office cannot express any opinion as to

the legal significance or effect of the facts included in a search

report.

SOME WORDS OF CAUTION

Searches Not Always Conclusive

Searches of the Copyright Office catalogs and records are useful in

helping to determine the copyright status of a work, but they cannot be

regarded as conclusive in all cases. The complete absence of any

information about a work in the Office records does not mean that the

work is unprotected. The following are examples of cases in which

information about a particular work may be incomplete or lacking entirely

in the Copyright Office:

+ Before 1978, unpublished works were entitled to protection under

common law without the need of registration.

+ Works published with notice prior to 1978 may be registered at any

time within the first 28-year term.

+ Works copyrighted between January 1, 1964, and December 31, 1977, are

affected by the Copyright Renewal Act of 1992, which automatically

extends the copyright term and makes renewal registrations optional.

+ For works under copyright protection on or after January 1, 1978,

registration may be made at any time during the term of protection.

Although registration is not required as a condition of copyright

protection, there are certain definite advantages to registration. For

further information, request Circular 1, "Copyright Basics."

+ Since searches are ordinarily limited to registrations that have

already been cataloged, a search report may not cover recent

registrations for which catalog records are not yet available.

+ The information in the search request may not have been complete or

specific enough to identify the work.

+ The work may have been registered under a different title or as part of

a larger work.

Protection in Foreign Countries

Even if you conclude that a work is in the public domain in the United

States, this does not necessarily mean that you are free to use it in

other countries. Every nation has its own laws governing the length and

scope of copyright protection, and these are applicable to uses of the

work within that nation's borders. Thus, the expiration or loss of

protected against unauthorized use in other countries.

OTHER CIRCULARS

For further information, request Circular 6, "Obtaining Access to and

Copies of Copyright Office Records and Deposits"; Circular 15, "Renewal

of Copyright"; Circular 15a, "Duration of Copyright"; and Circular 15t,

"Extension of Copyright Terms," from:

Library of Congress

Publications Section, LM-455

101 Independence Avenue, S.E.

Washington, D.C. 20559-6000

You may call the Forms and Publications Hotline (202) 707-9100 at any

time, day or night, to leave a recorded request for forms or circulars.

Requests are filled and mailed promptly.

---------------------------------------------------

IMPACT OF COPYRIGHT ACT ON COPYRIGHT INVESTIGATIONS

---------------------------------------------------

On October 19, 1976, the President signed into law a complete revision of

the copyright law of the United States (title 17 of the United States

Code). Most provisions of this statute came into force on January 1,

1978, superseding the copyright act of 1909. These provisions made

significant changes in the copyright law. Further important changes

resulted from the Berne Convention Implementation Act of 1988, which took

effect March 1, 1989; the Copyright Renewal Act of 1992 (P.L. 102-307)

enacted June 26, 1992, which amended the renewal provisions of the

(P.L. 105-298) enacted October 27, 1998, which extended the term of

copyrights for an additional 20 years.

If you need more information about the provisions of either the 1909 or

the 1976 law, write or call the Copyright Office. For information about

the Berne Convention Implementation Act, request Circular 93, "Highlights

of U.S. Adherence to the Berne Convention." For information about

renewals, request Circular 15, "Renewal of Copyright." For information

about the Sonny Bono Copyright Term Extension Act, request SL-15, "New

Terms for Copyright Protection." Copies of the law are now $14.00 each.

Request "Copyright Law, Circular 92," (stock number is changed to

030-002-00195-1) from:

Superintendent of Documents

P.O. Box 371954

Pittsburgh, PA 15250-7954

Tel: (202) 512-1800

Fax: (202) 512-2250

For copyright investigations, the following points about the impact of

the Copyright Act of 1976, the Berne Convention Implementation Act of

1988, and the Copyright Renewal Act of 1992 should be considered:

A Changed System of Copyright Formalities

Some of the most sweeping changes under the 1976 Copyright Act involve

and maintaining full copyright protection. The old system of formalities

involved copyright notice, deposit and registration, recordation of

transfers and licenses of copyright ownership, and United States

manufacture, among other things. In general, while retaining formalities,

the 1976 law reduced the chances of mistakes, softened the consequences

of errors and omissions, and allowed for the correction of errors.

The Berne Convention Implementation Act of 1988 reduced formalities, most

notably making the addition of the previously mandatory copyright notice

optional. It should be noted that the amended notice requirements are not

retroactive.

The Copyright Renewal Act of 1992, enacted June 26, 1992, automatically

extends the term of copyrights secured between January 1, 1964, and

December 31, 1977, making renewal registration optional. Consult Circular

15, "Renewal of Copyright," for details. For additional information, you

may contact the Renewals Section.

Tel: (202) 707-8180

Fax: (202) 707-3849

Automatic Copyright

Under the present copyright law, copyright exists in original works of

authorship created and fixed in any tangible medium of expression, now

known or later developed, from which they can be perceived, reproduced,

or otherwise communicated, either directly, or indirectly with the aid of

a machine or device. In other words, copyright is an incident of creative

authorship not dependent on statutory formalities. Thus, registration

with the Copyright Office generally is not required, but there are

certain advantages that arise from a timely registration. For further

information on the advantages of registration, write or call the

The 1909 Copyright Act and the 1976 Copyright Act as originally enacted

required a notice of copyright on published works. For most works, a

"Copyright," or the abbreviation "Copr.," together with the name of the

owner of copyright and the year of first publication. For example: "(C in

For sound recordings published on or after February 15, 1972, a copyright

notice might read "1994 XYZ Records, Inc." See below for more information

about sound recordings.

For mask works, a copyright notice might read "(C in a circle symbol) SDR

Industries." Request Circular 100, "Federal Statutory Protection for Mask

Works," for more information.

As originally enacted, the 1976 law prescribed that all visually

perceptible published copies of a work, or published phonorecords of a

sound recording, should bear a proper copyright notice. This applies to

such works published before March 1, 1989. After March 1, 1989, notice of

strongly encouraged and, if litigation involving the copyright occurs,

certain advantages exist for publishing a work with notice.

Prior to March 1, 1989, the requirement for the notice applied equally

whether the work was published in the United States or elsewhere by

authority of the copyright owner. Compliance with the statutory notice

requirements was the responsibility of the copyright owner. Unauthorized

publication without the copyright notice, or with a defective notice,

does not affect the validity of the copyright in the work.

Advance permission from, or registration with, the Copyright Office is

not required before placing a copyright notice on copies of the work or

on phonorecords of a sound recording. Moreover, for works first published

on or after January 1, 1978, through February 28, 1989, omission of the

required notice, or use of a defective notice, did not result in

forfeiture or outright loss of copyright protection. Certain omissions

of, or defects in, the notice of copyright, however, could have led to

loss of copyright protection if steps were not taken to correct or cure

the omissions or defects. The Copyright Office has issued a final

regulation (37 CFR 201.20) that suggests various acceptable positions for

the notice of copyright. For further information, write to the Copyright

Office and request Circular 3, "Copyright Notice", and Circular 96,

Section 201.20, "Methods of Affixation and Positions of the Copyright

Notice on Various Types of Works."

Works Already in the Public Domain

Neither the 1976 Copyright Act, the Berne Convention Implementation Act

of 1988, the Copyright Renewal Act of 1992, nor the Sonny Bono Copyright

Term Extension Act of 1998 will restore protection to works that fell

into the public domain before the passage of the laws. However, the North

American Free Trade Agreement Implementation Act (NAFTA) and the Uruguay

Round Agreements Act (URAA) may restore copyright in certain works of

foreign origin that were in the public domain in the United States. Under

the copyright law in effect prior to January 1, 1978, copyright could be

lost in several situations. The most common were publication without the

required notice of copyright, expiration of the first 28-year term

without renewal, or final expiration of the second copyright term. The

secured between January 1, 1964, and December 31, 1977.

Scope of Exclusive Rights Under Copyright

The present law has changed and enlarged in some cases the scope of the

subject to protection by copyright after January 1, 1978, regardless of

when the work was created.

--------------------------------

DURATION OF COPYRIGHT PROTECTION

--------------------------------

Works Originally Copyrighted On or After January 1, 1978

A work that is created and fixed in tangible form for the first time on

or after January 1, 1978, is automatically protected from the moment of

its creation and is ordinarily given a term enduring for the author's

life plus an additional 70 years after the author's death. In the case of

"a joint work prepared by two or more authors who did not work for hire,"

the term lasts for 70 years after the last surviving author's death. For

works made for hire and for anonymous and pseudonymous works (unless the

author's identity is revealed in the Copyright Office records), the

duration of copyright will be 95 years from publication or 120 years from

creation, whichever is less. Works created before the 1976 law came into

effect but neither published nor registered for copyright before January

1, 1978, have been automatically brought under the statute and are now

given federal copyright protection. The duration of copyright in these

works will generally be computed in the same way as for new works: the

life-plus-70 or 95/120-year terms will apply. However, all works in this

category are guaranteed at least 25 years of statutory protection.

Works Copyrighted Before January 1, 1978

Under the law in effect before 1978, copyright was secured either on the

date a work was published with notice of copyright or on the date of

registration if the work was registered in unpublished form. In either

case, copyright endured for a first term of 28 years from the date on

which it was secured. During the last (28th) year of the first term, the

term from 28 to 67 years for copyrights in existence on January 1, 1978.

However, for works copyrighted prior to January 1, 1964, the copyright

still must have been renewed in the 28th calendar year to receive the

67-year period of added protection. The amending legislation enacted June

26, 1992, automatically extends this second term for works first

copyrighted between January 1, 1964, and December 31, 1977. For more

detailed information on the copyright term, write or call the Copyright

Office and request Circular 15a, "Duration of Copyright," and Circular

15t, "Extension of Copyright Terms."

-------------------------------------------------------

WORKS FIRST PUBLISHED BEFORE 1978: THE COPYRIGHT NOTICE

-------------------------------------------------------

GENERAL INFORMATION ABOUT THE COPYRIGHT NOTICE

In investigating the copyright status of works first published before

January 1, 1978, the most important thing to look for is the notice of

was lost permanently if the notice was omitted from the first authorized

published edition of a work or if it appeared in the wrong form or

position. The form and position of the copyright notice for various types

of works were specified in the copyright statute. Some courts were

liberal in overlooking relatively minor departures from the statutory

requirements, but a basic failure to comply with the notice provisions

forfeited copyright protection and put the work into the public domain in

this country.

ABSENCE OF COPYRIGHT NOTICE

For works first published before 1978, the complete absence of a

is not protected by copyright. For works first published before March 1,

1989, the copyright notice is mandatory, but omission could have been

cured by registration before or within 5 years of publication and by

adding the notice to copies published in the United States after

discovery of the omission. Some works may contain a notice, others may

not. The absence of a notice in works published on or after March 1,

1989, does not necessarily indicate that the work is in the public

domain.

UNPUBLISHED WORKS. No notice of copyright was required on the copies of

any unpublished work. The concept of "publication" is very technical, and

it was possible for a number of copies lacking a copyright notice to be

reproduced and distributed without affecting copyright protection.

FOREIGN EDITIONS. In the case of works seeking ad interim copyright [2],

copies of a copyrighted work were exempted from the notice requirements

if they were first published outside the United States. Some copies of

these foreign editions could find their way into the United States

without impairing the copyright.

ACCIDENTAL OMISSION. The 1909 statute preserved copyright protection if

the notice was omitted by accident or mistake from a "particular copy or

copies." Unauthorized Publication. A valid copyright was not secured if

someone deleted the notice and/or published the work without

authorization from the copyright owner.

SOUND RECORDINGS. Reproductions of sound recordings usually contain two

different types of creative works: the underlying musical, dramatic, or

literary work that is being performed or read and the fixation of the

actual sounds embodying the performance or reading. For protection of

the underlying musical or literary work embodied in a recording, it is

not necessary that a copyright notice covering this material appear on

the phonograph records or tapes on which the recording is reproduced. As

noted above, a special notice is required for protection of the recording

of a series of musical, spoken, or other sounds that were fixed on or

after February 15, 1972. Sound recordings fixed before February 15, 1972,

are not eligible for federal copyright protection. The Sound Recording

Act of 1971, the present copyright law, and the Berne Convention

Implementation Act of 1988 cannot be applied or be construed to provide

any retroactive protection for sound recordings fixed before February 15,

1972. Such works, however, may be protected by various state laws or

doctrines of common law.

THE DATE IN THE COPYRIGHT NOTICE

If you find a copyright notice, the date it contains may be important in

determining the copyright status of the work. In general, the notice on

works published before 1978 must include the year in which copyright was

secured by publication or, if the work was first registered for copyright

in unpublished form, the year in which registration was made. There are

two main exceptions to this rule.

1. For pictorial, graphic, or sculptural works (Classes F through K under

the 1909 law), the law permitted omission of the year date in the

notice.

2. For "new versions" of previously published or copyrighted works, the

notice was not usually required to include more than the year of first

publication of the new version itself. This is explained further under

"Derivative Works" below.

The year in the notice usually (though not always) indicated when the

course, the year date will help in deciding when the copyright is

scheduled to expire. For further information about the duration of

the meaning of the date in a notice, you should keep the following points

in mind:

WORKS PUBLISHED AND COPYRIGHTED BEFORE JANUARY 1, 1978: A work published

before January 1, 1978, and copyrighted within the past 75 years may

still be protected by copyright in the United States if a valid renewal

registration was made during the 28th year of the first term of the

of 1992 and if still valid under the other provisions of the law, the

first secured.

Therefore, the U.S. copyright in any work published or copyrighted prior

to January 1, 1923, has expired by operation of law, and the work has

permanently fallen into the public domain in the United States. For

example, on January 1, 1997, copyrights in works first published or

copyrighted before January 1, 1922, have expired; on January 1, 1998,

copyrights in works first published or copyrighted before January 1,

1923, have expired. Unless the copyright law is changed again, no works

under protection on January 1, 1999 will fall into the public domain in

the United States until January 1, 2019.

WORKS FIRST PUBLISHED OR COPYRIGHTED BETWEEN JANUARY 1, 1923, AND

DECEMBER 31, 1949, BUT NOT RENEWED: If a work was first published or

copyrighted between January 1, 1923, and December 31, 1949, it is

important to determine whether the copyright was renewed during the last

(28th) year of the first term of the copyright. This can be done by

searching the Copyright Office records or catalogs as explained

previously. If no renewal registration was made, copyright protection

expired permanently at the end of the 28th year of the year date it was

first secured.

WORKS FIRST PUBLISHED OR COPYRIGHTED BETWEEN JANUARY 1, 1923, AND

DECEMBER 31, 1949, AND REGISTERED FOR RENEWAL: When a valid renewal

registration was made and copyright in the work was in its second term on

December 31, 1977, the renewal copyright term was extended under the

latest act to 67 years. In these cases, copyright will last for a total

of 95 years from the end of the year in which copyright was originally

secured. Example: Copyright in a work first published in 1925 and renewed

in 1953 will expire on December 31, 2020.

WORKS FIRST PUBLISHED OR COPYRIGHTED BETWEEN JANUARY 1, 1950, AND

DECEMBER 31, 1963: If a work was in its first 28-year term of copyright

protection on January 1, 1978, it must have been renewed in a timely

fashion to have secured the maximum term of copyright protection. If

renewal registration was made during the 28th calendar year of its first

term, copyright would endure for 95 years from the end of the year

at the end of its 28th calendar year.

WORKS FIRST PUBLISHED OR COPYRIGHTED BETWEEN JANUARY 1, 1964, AND

DECEMBER 31, 1977: If a work was in its first 28-year term of copyright

protection on June 26, 1992, renewal registration is now optional. The

term of copyright for works published or copyrighted during this time

period has been extended to 95 years by the Copyright Renewal Act of 1992

and the Sonny Bono Term Extension Act of 1998. There is no need to make

the renewal filing to extend the original 28-year copyright term to the

full 95 years.

However, there are several advantages to making a renewal registration

during the 28th year of the original term of copyright. If renewal

registration is made during the 28th year of the original term of

claimant on the effective date of the renewal registration; the renewal

certificate constitutes prima facie evidence as to the validity of the

the certificate; and, the right to use the derivative work in the

extended term may be affected. Request Circular 15, "Renewal of

UNPUBLISHED, UNREGISTERED WORKS: Before 1978, if a work had been neither

"published" in the legal sense nor registered in the Copyright Office, it

was subject to perpetual protection under the common law. On January 1,

1978, all works of this kind, subject to protection by copyright, were

automatically brought under the federal copyright statute. The duration

of copyright for these works can vary, but none of them will expire

before December 31, 2002.

DERIVATIVE WORKS

In examining a copy (or a record, disk, or tape) for copyright

information, it is important to determine whether that particular version

of the work is an original edition of the work or a "new version." New

versions include musical arrangements, adaptations, revised or newly

edited editions, translations, dramatizations, abridgments, compilations,

and works republished with new matter added. The law provides that

derivative works, published or unpublished, are independently

copyrightable and that the copyright in such a work does not affect or

extend the protection, if any, in the underlying work. Under the 1909

law, courts have also held that the notice of copyright on a derivative

work ordinarily need not include the dates or other information

pertaining to the earlier works incorporated in it. This principle is

specifically preserved in the present copyright law. Thus, if the copy

(or the record, disk, or tape) constitutes a derivative version of the

work, these points should be kept in mind:

+ The date in the copyright notice is not necessarily an indication of

when copyright in all the material in the work will expire. Some of the

material may already be in the public domain, and some parts of the

work may expire sooner than others.

+ Even if some of the material in the derivative work is in the public

domain and free for use, this does not mean that the "new" material

added to it can be used without permission from the owner of copyright

in the derivative work. It may be necessary to compare editions to

determine what is free to use and what is not.

+ Ownership of rights in the material included in a derivative work and

in the preexisting work upon which it may be based may differ, and

permission obtained from the owners of certain parts of the work may

not authorize the use of other parts.

THE NAME IN THE COPYRIGHT NOTICE

Under the copyright statute in effect before 1978, the notice was

required to include "the name of the copyright proprietor." The present

act requires that the notice include "the name of the owner of copyright

in the work, or an abbreviation by which the name can be recognized, or a

generally known alternative designation of the owner." The name in the

notice (sometimes in combination with the other statements on the copy,

records, disk, tape, container, or label) often gives persons wishing to

use the work the information needed to identify the owner from whom

licenses or permission can be sought. In other cases, the name provides a

starting point for a search in the Copyright Office records or catalogs,

as explained at the beginning of this circular.

In the case of works published before 1978, copyright registration is

made in the name of the individual person or the entity identified as the

1978, registration is made in the name of the person or entity owning all

the rights on the date the registration is made. This may or may not be

the name appearing in the notice. In addition to its records of copyright

registration, the Copyright Office maintains extensive records of

assignments, exclusive licenses, and other documents dealing with

AD INTERIM

*Ad interim* copyright was a special short-term copyright that applied to

certain books and periodicals in the English language that were first

manufactured and published outside the United States. It was a partial

exception to the manufacturing requirements of the previous U.S.

work, pending the manufacture of an edition in the United States. The ad

interim requirements changed several times over the years and were

subject to a number of exceptions and qualifications.

The manufacturing provisions of the copyright act expired on July 1,

1986, and are no longer a part of the copyright law. The transitional and

supplementary provisions of the act provide that for any work in which ad

interim copyright was subsisting or capable of being secured on December

31, 1977, copyright protection would be extended for a term compatible

with the other works in which copyright was subsisting on the effective

date of the new act. Consequently, if the work was first published on or

after July 1, 1977, and was eligible for ad interim copyright protection,

the provisions of the present copyright act will be applicable to the

protection of these works. Anyone investigating the copyright status of

an English-language book or periodical first published outside the United

States before July 1, 1977, should check carefully to determine:

+ Whether the manufacturing requirements were applicable to the work;

and

+ If so, whether the ad interim requirements were met.

FOR FURTHER INFORMATION

Information via the Internet: Frequently requested circulars,

announcements, regulations, other related materials, and all copyright

application forms are available via the Internet. You may access these

via the Copyright Office homepage at www.loc.gov/copyright.

Information by fax: Circulars and other information (but not application

forms) are available by Fax-on-Demand at (202)707-2600.

Information by telephone: For general information about copyright, call

the Copyright Public Information Office at (202)707-3000. The TTY number

is (202)707-6737. Information specialists are on duty from 8:30 a.m. to

5:00 p.m., eastern time, Monday through Friday, except federal holidays.

Recorded information is available 24 hours a day. Or, if you know which

application forms and circulars you want, request them from the Forms and

Publications Hotline at (202)707-9100 24 hours a day. Leave a recorded

message.

Information by regular mail:

Write to:

Library of Congress

Publications Section, LM-455

101 Independence Avenue, S.E.

Washington, D.C. 20559-6000

UNITED STATES COPYRIGHT OFFICE / THE LIBRARY OF CONGRESS

SEARCH REQUEST FORM

Library of Congress

101 Independence Avenue, S.E.

Washington, D.C.

20559-6000

Reference & Bibliography Section

(202) 707-6850

8:30 a.m. to 5 p.m., Monday through Friday, eastern time

Type of work:

_ Book _ Music _ Motion Picture _ Drama _ Sound Recording

_ Computer Program _ Photograph/Artwork _ Map _ Periodical

_ Contribution _ Architectural Work _ Mask Work

Search information you require:

_ Registration _ Renewal _ Assignment _ Address

Specifics of work to be searched:

TITLE:

AUTHOR:

APPROXIMATE YEAR DATE OF PUBLICATION/CREATION:

REGISTRATION NUMBER (if known):

OTHER IDENTIFYING INFORMATION:

If you need more space please attach additional pages.

------------------------------------------------------------------------

Estimates are based on the Copyright Office fee of $65 [1] an hour or

fraction of an hour consumed. The more information you furnish as a basis

for the search, the better service we can provide. The time between the

date of receipt of your fee for the search and your receiving a report

will vary from 8 to 12 weeks depending on workload.

NAMES, TITLES, AND SHORT PHRASES ARE NOT COPYRIGHTABLE.

Please read Circular 22 for more information on copyright searches.

------------------------------------------------------------------------

YOUR NAME:

DATE:

ADDRESS:

DAYTIME TELEPHONE NO. ( ) ___-____

Convey results of estimate/search by telephone

_ yes _ no

Fee enclosed? _ yes Amount $________

_ no

--------

ENDNOTES

1 NOTE: Registration filing fees and search fees are effective through

June 30, 2002. For information on the fee changes, please write the

www.loc.gov/copyright, or call (202) 707-3000.

2 "Ad interim copyright" refers to a special short term of copyright

available to certain pre-1978 books and periodicals. For further

information on ad interim copyright, see page 10.

*****

[Federal Register: September 29, 1995 (Volume 60, Number 189)]

[Page 50414-50423]

[ML 509]

LIBRARY OF CONGRESS

37 CFR Parts 201 and 202

[Docket No. 95-1B]

Restoration of Certain Berne and WTO Works

AGENCY: Copyright Office, Library of Congress.

ACTION: Final regulations

---------------------------------------------------------------------

SUMMARY: The Copyright Office is issuing final regulations establishing

procedures that govern the filing of Notices of Intent to Enforce

works as required by the Uruguay Round Agreements Act. The Act

automatically restores copyright for certain foreign works effective

January 1, 1996. Although restoration is automatic, the copyright owner

may file a Notice of Intent to Enforce the Restored Copyright with the

EFFECTIVE DATE: These final regulations are effective October 1, 1995.

FOR FURTHER INFORMATION CONTACT: Marilyn J. Kretsinger, Acting General

Counsel, Copyright GC/I&R, P.O. Box 70400, Southwest Station,

Washington, D.C. 20024. Telephone: (202) 707-8380. Telefax: (202) 707-

8366.

I. Background

On December 8, 1994, President Clinton signed the "Uruguay Round

Agreements Act" (URAA), Pub. L. No. 103-465, 108 Stat. 4809. The URAA

contains several significant copyright amendments. It amends the

software rental provision found in 17 U.S.C. 109(b) by eliminating the

expiration or sunset date, amends Titles 17 and 18 to create civil and

criminal remedies for "bootlegging" sound recordings of live musical

performances and music videos, and adds a new 17 U.S.C. Sec. 104A which

restores copyright in certain foreign works. The URAA also gives the

those works.

A. Restoration of Copyright in Eligible Works

Under the URAA, restoration of copyright in works from countries which

are currently eligible occurs automatically on January 1, 1996. An

eligible country is a nation, other than the United States, that is a

member of the Berne Convention, 1 or a member of

[[Page 50415]]

the World Trade Organization, or is the subject of a presidential

proclamation declaring its eligibility.

\1\ Convention concerning the creation of an International Union

for the Protection of Literary and Artistic Works (Sept. 9, 1886,

revised in 1908, 1928, 1948, 1967, 1971), hereinafter cited as the

Berne Convention.

---------------------------------------------------------------------

Works from any source country eligible under the URAA may be

subject to automatic copyright restoration. However, to be so restored,

a work must meet certain other requirements:

1. It is not in the public domain in its source country through

expiration of the term of protection;

2. It is in the public domain in the United States due to

noncompliance with formalities imposed at any time by United States

recordings fixed before February 15, 1972, or lack of national

eligibility;

3. It has at least one author or rightholder who was, at the time

the work was created, a national or domiciliary of an eligible country;

4. If published, it was first published in an eligible country and

was not published in the United States during the 30-day period

following publication in such eligible country.

Notwithstanding the fact that the work meets the above

requirements, any work ever owned or administered by the Alien Property

Custodian and in which the restored copyright would be owned by a

government or instrumentality thereof, is not a restored work.

B. Effective Date of Restoration

Eligible copyrights are restored automatically on the date the

Agreement on Trade Related Aspects of Intellectual Property (TRIPs)

enters into force with respect to the United States (URAA, section

514(a)). As discussed in the Notice of Policy Decision and Public

Meeting, the Copyright Office has concluded that the effective date of

President Clinton has confirmed that the date on which the obligations

of the TRIPs Agreement will take effect for the United States is

January 1, 1996. Proclamation No. 6780, 60 FR 15845 (Mar. 27, 1995).

II. The Copyright Office's Responsibilities

Although copyright restoration is automatic for eligible works, the

URAA charged the Office with establishing regulations to govern the

filing of Notices of Intent to Enforce (NIEs) restored copyrights and

the registering of copyright claims in restored works by no later than

October 1, 1995.

The Act also requires the Office to publish a list in the Federal

been filed with the Office. The Office must also maintain a list

containing all NIEs for inspection and copying by the public.

A. Notices of Intent To Enforce

1. Notification of Reliance Party

The URAA directs the owner of a restored work to notify reliance

parties if the owner of the rights in a restored work plans to enforce

those rights. A reliance party is typically a business or individual

who, relying on the public domain status of a work, was already using

the work prior to December 8, 1994, the date of enactment of the URAA.

2 The URAA authorizes the owner of a right in a restored work

either to provide actual notice by serving a NIE directly on a reliance

party or to provide constructive notice through the filing of a NIE

with the Copyright Office.

\2\ This is true for the great majority of works. However, for

works from any country which was not eligible under the URAA as of

December 8, 1994, reliance parties would be those using the work

before the date on which that country becomes an eligible country by

joining Berne, the WTO, or as a result of a Presidential

proclamation.

----------------------------------------------------------------------

2. Effective Filing Date

A work whose source country is a member of the Berne Convention or

the World Trade Organization on January 1, 1996, is restored on that

date. The owner of such a work may file a NIE concerning that work

between January 1, 1996, and December 31, 1997. The Office will publish

the first listing of NIEs no later than May 1, 1996, and will publish

lists at regular four-month intervals for a period of two years

thereafter.

In the case of works from any source country which became eligible

for restoration under the URAA after January 1, 1996, owners of such

works may file NIEs with the Copyright Office for a two year period

starting from the date that country became eligible. The Office will

also publish a list of NIEs as detailed above, for works from any of

those countries, but the time frame for such lists will be measured

from the date a particular country becomes eligible.

3. Effect of Notice on Reliance Party

A reliance party has a twelve-month period to sell off previously

manufactured stock, to publicly perform or display the work, or to

authorize others to conduct these activities. This period begins when

the owner of a restored work notifies the reliance party that the owner

is enforcing copyright in the identified work. The date runs from

either the date of publication in the Federal Register identifying the

work or receipt of actual notice. If Notice of Intent to Enforce a

Restored Copyright is provided both by publication in the Federal

whichever date is the earlier, the date of Federal Register publication

or service of actual notice. All reliance parties, except those who

created certain derivative works, must cease using the work at the end

of the twelve-month period unless they reach a licensing agreement with

the copyright owner for continued use of the restored work.

B. Registration of Copyright Claims in Restored Works

The second filing that the owner of a restored work may choose to

make with the Copyright Office is an application for registration of a

the Office to have procedures for such registration, but it does not

require owners of the restored works to register. Although the owner of

a work not considered a Berne work as defined in 17 U.S.C. 101 must

obtain or seek registration for a work before he or she can bring a

not have to register before initiating suit. 3

\3\ It would seem that this exception would apply only to works

that meet the definition of a ``Berne Convention work'' in 17 U.S.C.

101.

---------------------------------------------------------------------

It is true that the holder of a copyright certificate of

registration may secure some procedural advantages in litigating a

registration is made before or within 5 years of publication, it will

establish prima facie evidence in court of the validity of the

registration is made within 3 months after publication of the work or

prior to an infringement of the work, statutory damages and attorney's

fees will be available to the copyright owner in court actions.

Otherwise, only an award of actual damages and profits is available to

the copyright owner.

III. The Comments

A. Comments Submitted

The Copyright Office sought public comment concerning the

implementation of the URAA both prior to and after publication of its

Notice of Proposed Rulemaking (NPRM). The Office first published a

notice inviting interested parties to submit written comments and/or to

to discuss issues

[[Page 50416]]

related to NIEs and registration of restored works. 60 FR 7793 (Feb. 9,

1995). The Office sent this notice to over ninety authors rights

organizations and industry groups, as well as 182 foreign government

agencies with copyright authority, to give them the opportunity to

respond. Approximately forty individuals attended the meeting,

including representatives from authors' rights organizations, museums,

the publishing industry, the film industry, and the computer software

industry. 4 Fifteen written comments were submitted. The Office

considered all of these views as it developed proposed procedures for

the filing of NIEs and the registering of copyright claims in restored

works. On July 10, the Office published proposed regulations in the

Federal Register. 60 FR 35522 (July 10, 1995).

\4\ A copy of all written comments and a summary of the meeting

can be found in the Public Information Office of the Copyright

Office, Room LM-401, James Madison Memorial Building, Washington,

D.C.

----------------------------------------------------------------------

In the Notice of Proposed Rulemaking, the Office invited interested

parties to submit written comments on the proposed regulations. The

Office received comments from the following parties: The Association of

American Publishers (AAP); Irwin Karp; Janine Lorente, for Societe des

Auteurs et Compositeurs Dramatiques (SACD); Nancy McAleer, for Thomson

& Thomson; Bill Patry; David Pierce; Linda Shaughnessy, for AP Watt

Ltd. Literary Agents; Ellen Theg, for International Television Trading

Corp.; and Richard Wincor, of Coudert Brothers.

The Office notes that some of the comments received in response to

the NPRM had already been addressed, and some called for minor

clarifications that have been made to the final regulations. Other

comments, whether raised for the first or second time, raise

substantive issues that are discussed below.

B. Issues Related to Notices of Intent To Enforce

1. Formality

Ms. Shaughnessy stated that since copyright restoration is to occur

automatically, the procedures for filing NIEs are exceptionally

onerous. She asserted it should be sufficient to file one NIE for all

of the titles of one author. Ms. Shaughnessy illustrated her point by

noting that she will be filing for 73 authors, but there will be

hundreds of titles involved. Comment 3. Ms. Lorente asserted that the

NIE is a formality in violation of at least the spirit of Berne and

that because reliance parties are free to continue to exploit restored

works in the United States unless a NIE is filed, an author cannot

exercise his or her rights in the restored work automatically. Comment

5, at 1.

The Copyright Office again emphasizes that the restoration of

the United States creates a conflict between reliance parties' and

capital and labor in the lawful exploitation of public domain property;

the sudden restoration of copyright divests them of these investments.

Without some provision addressing this potential loss, there could be

challenges based on the ``taking'' clause of the Fifth Amendment of the

U.S. Constitution. On the other hand, it is important that the United

States restore copyright protection in certain foreign works. The

United States arguably failed to conform its law fully to the Berne

Convention in 1989 when it declined to interpret Article 18(1) on

restoration 5 as being mandatory. The U.S. Justice Department in

its review of the URAA legislation concluded that under existing

precedents interpreting the Fifth Amendment, the Notice of Intent to

Enforce the Restored Copyright avoided an unconstitutional ``taking.''

6 Thus, the Justice Department considered these provisions as

critical.

\5\ This Convention shall apply to all works which, at the

moment of its coming into force, have not yet fallen into the public

domain in the country of origin through the expiry of the term of

protection. Berne Convention art. 18(1)(Paris text).

\6\ See Memorandum from Chris Schroeder, Counsellor to the

Assistant Attorney General, Office of Legal Counsel, United States

Dept. of Justice to Ira S. Shapiro, General Counsel, USTR, on

Whether Certain Copyright Provisions in the Draft Legislation to

Implement the Uruguay Round of Multilateral Trade Negotiations Would

Constitute a Taking Under the Fifth Amendment (July 29, 1994).

---------------------------------------------------------------------

We believe that such a filing is not inconsistent with the Berne

Convention because Article 18(3) 7 of the Berne Convention

specifically permits member nations to determine ``conditions'' for

applying the principles of restoration. Copyright restoration occurs

automatically; the URAA merely creates a narrow set of conditions

requiring notification to reliance parties. Moreover, the information

sought on the NIEs is calculated to assist in the voluntary licensing

of the restored work. The decision of Congress to enact these

provisions is, therefore, supported by the legitimate interests of both

reliance parties and copyright owners, by constitutional

considerations, and by Article 18(3) of the Berne Convention.

\7\ The application of this principle shall be subject to any

provisions contained in special conventions to that effect existing

or to be concluded between countries of the Union. In the absence of

such provisions, the respective countries shall determine, each in

so far as it is concerned, the conditions of application of this

principle. Berne Convention art. 18(3) (Paris text).

--------------------------------------------------------------------

The Office has tried, however, to make the procedures for filing

NIEs practical, realizing that too detailed requirements would burden

the owner and that too general ones would serve neither the owner nor

the user of the restored work.

The Office also notes that the URAA makes such filings less onerous

by permitting the owner to notify all reliance parties of a restored

work by filing in one central place, the Copyright Office. Only if the

owner does not file with the Copyright Office within the appropriate

time period, as detailed above, must the owner provide actual notice to

each user of a restored work in order to enforce rights.

The Office is permitting an owner of multiple works to file one NIE

if each work is identified by title, has the same author, is owned by

the same identified copyright owner or owner of an exclusive right, and

the rights owned are the same.

2. Effective Date

Mr. Patry stated that January 1, 1995, is the initial date of

effective date of 104(A) is December 8, 1994, but that first

restoration of copyrights will occur on January 1, 1996. Comment 8, at

2. The Office reaffirms its recognition of January 1, 1996, as the

effective date of initial copyright restoration.

3. Minor Errors or Omissions

Ms. Lorente noted that it is often impossible for foreign authors

to know the English language title under which a work is being

exploited, especially as it is often not a literal translation. She,

therefore, asked that a NIE not be invalidated if it gives the literal

translation of the foreign title, and later it is determined that the

English language title under which the work is exploited is different

from the one given in the NIE. Comment 5, at 2.

All information on the NIE other than the original title of the

foreign work must be completed in English. The law requires that an

English translation of a foreign title be given on the NIE; it does not

specify that it be the English title under which the work was

exploited.

The Copyright Office will record the NIE under the titles that are

provided; ultimately only a court can determine the validity of a NIE.

However, the Office believes that a reasonable construction of the

statute's

[[Page 50417]]

requirements would permit good faith discrepancies in the English

translation.

Furthermore, the URAA allows a party who has filed a NIE with the

at any time after the NIE is filed. The procedures and fees are the

same for filing a NIE which corrects a previously filed NIE, except

that the party making the correction should refer to previous NIE's

volume and page number in the Copyright Office Documents Records, if

known, on the corrected NIE.

4. Additional Information

The AAP asked the Office to require copyright owners to expand on

the information contained in the NIEs, such as the format on which

first the work was fixed (film, disk, etc.), contributors (editors,

publishers, or director, animator, screenwriter, cinematographer, etc.)

and for photographs, collections, etc. a description (material/

subjects, organization, and/or classification). The AAP also asked the

Office to request an e-mail address, names and addresses of any agents,

representatives, or collecting societies that can serve as licensing

authorities. The AAP suggested that the Office consider incentives such

as fee discounts, for those providing more complete information.

Comment 7, at 6-8. Ms. Theg asked that the year of creation be included

in the NIE instead of the year of publication, since she believed it to

be more consistently available. Comment 9, at 2.

The Office has incorporated some of the AAP's suggestions into the

NIE format and hopes it has struck an appropriate balance in its NIE by

requesting information helpful to reliance parties, while not burdening

the filer of the NIE with lengthy and detailed suggested information.

5. Accessible and Useful Public Record

The URAA requires the Copyright Office to publish the titles and

owners of restored works in the Federal Register. Since publication in

the Federal Register is costly and the parties indicated that such

information would not be as accessible as information made available

via the Internet, the Office is limiting the information published in

the Federal Register to what the law requires. Much of the information

contained in the NIE will be available on COPICS, the Copyright

Office's automated database of registrations and recorded copyright

transfers and other documents. These records may be accessed by the

public on terminals in the Copyright Office at the Library of Congress

and are also available via the Internet.

Since Internet access is not universal, Ms. Lorente asked that

other means of getting information about NIEs, including written

inquiries to the Copyright Office, should not be excluded. Comment 5,

at 3. The AAP stated that it would be useful if the database could be

searched in directories that listed all works restored in a particular

country of origin. Comment 7, at 11. The AAP also asked that each work/

title be given in a separate entry in the database. Comment 7, at 9.

Traditional search methods will continue to be available; NIEs may

be searched in the COPICS database under the name of the owner, the

titles it contains, as well as the names of the authors, if given.

Although the Office will not index works by country of origin in the

COPICS database or provide separate entries in the database for

multiple works listed on one NIE, each work can be easily identified

since the database is searchable by title, author, and the owner or

owner of an exclusive right.

Finally, though online access will be the primary means for

providing this information to the public, upon request the Copyright

Office staff will search the records at the rate of $20 for each hour

or fraction thereof and furnish a written report. Search requests

should be sent to the Reference and Bibliography Section, Copyright

Office, Library of Congress, Washington, D.C. 20559-6000. In addition,

individuals may come to the Office and do their own search free of

charge.

6. Filing Fee

Ms. Lorente stated that restoration of copyright should be

automatic, and without a fee, comment 5, at 3, and Ms. Shaughnessy

asked that only one fee be charged for all the works of an author.

Comment 3.

The Office notes that all of the works involved have been

considered in the public domain in the United States. The URAA provides

that restoration of eligible works is automatic, and a NIE may be filed

directly on a reliance party. However, a notice which is effective

against all reliance parties may be filed with the Copyright Office.

The Office must examine and record that notice, issue an

acknowledgement, create a catalog entry that includes among other

things all the titles, publish the information in the Federal Register,

and maintain the online catalog of the information. The URAA gives the

Office authority to fix reasonable fees based on these costs.

The Office realizes that requiring a filing on each work of an

author will be onerous and we will permit multiple works meeting the

criteria described in our regulations to be filed on one notice for a

lesser fee.

7. Acknowledgement

Ms. Lorente, Mr. Pierce and Ms. Theg all asserted that it is

essential that the Copyright Office confirm the filing of a NIE. Ms.

Lorente stated that it is very important that an author or agent have a

document providing that he or she has complied with the URAA's

provisions. See comment 5, at 2; comment 6, at 1; and comment 9, at 3.

Ms. McAleer stressed that the acknowledgement of the recording of a NIE

is an essential service because of the possibility that the NIE may be

misplaced, causing its publication in the Federal Register to be

delayed. Comment 4.

The Office will mail an acknowledgement of recordation to the filer

of a NIE, including the date of receipt, the volume and page on which

the NIE is recorded, and the anticipated date of publication in the

Federal Register. The Office will not issue a certificate of

recordation. Completed recordations will appear in the COPICS database

and the Federal Register.

8. Transfers

Mr. Pierce asked that the Office require NIE filers, other than the

author, to reference documents of transfer by date, parties and rights

transferred, if any. He stated that this would decrease fraud and be

less burdensome than filing the agreements with the Documents Unit of

the Copyright Office. Comment 6, at 2.

While the Copyright Office agrees that such a requirement might be

useful, it cannot adopt this requirement since it is not authorized by

the URAA.

9. Federal Register Publication

The AAP agreed that, compared to the online database, the lists

published in the Federal Register would be of secondary importance. AAP

suggested, however, that the Federal Register entry also include the

name of the author if possible. Comment 7, at 11.

In order to minimize costs, the Office has concluded that only the

minimum information (title, name of the first owner or owner of an

exclusive right identified on the NIE), will be included in the list of

NIEs published in the Federal Register.

[[Page 50418]]

C. Issues Related to Registration of a Restored Work

1. Simultaneous Registration

Ms. Lorente asserted that registration is a second formality, and

asked for simultaneous filing of NIEs and registration of copyright

claims. She also argued both should be automatic and at no additional

cost. Comment 5, at 2. Ms. Theg asked that the application for

registration be modified to include the additional information

requested in the NIE so that the NIE filing requirements could be

satisfied at the time of making an application for registration.

Comment 9, at 1.

As discussed earlier, procedures permitting the copyright

registration of restored works are not formalities in violation of the

Berne Convention. Registration is entirely voluntary for Berne works

since copyright registration of restored works is not a prerequisite

for the filing of a copyright infringement action. Registration of a

claim in a work involves significant additional work and by law

requires a fee. The Office has, however, attempted to keep the

processing work and the fees to a minimum.

2. New URAA Related Registration Procedures

Mr. Pierce observed that registration, especially of motion

pictures, is often very burdensome for foreign works, because of the

difficulty in determining original publication dates and in submitting

a copy of the work as first released. He concluded that applications

will be filed for only a small percentage of the works unless the

Office considers adopting more liberal deposit requirements such as

accepting PAL, SECAM, VHS formats or written descriptions, allowing the

registration of related works with multiple publication dates on one

application, accepting approximate publication dates, and accepting a

previously submitted deposit instead of requiring a new deposit.

Comment 6, at 2. Ms. Theg asked that deposit requirements be waived

entirely. Comment 9, at 2.

On the other side, the AAP questioned the necessity for changes in

the existing registration and recordation systems. If such changes are

made, the AAP asserted that they should not create precedent for other

registration and deposit practices. The AAP also questioned the need

for procedures allowing blanket exemptions in some instances for

depositing materials, accepting descriptive materials instead of a copy

of the work, and allowing certain collections such as photos or TV

series to be given a single identifying group name or title. The AAP is

concerned that these procedures will make it difficult for reliance

parties to identify restored works and comply with the law. The AAP

asked that the Office instead deal with special situations on a case-

by-case basis. Comment 7, at 12-16.

The procedures developed for the registration of copyright claims

for restored works must both balance the needs of applicants for

Office and also establish a system that will be feasible

administratively and elicit necessary information. As indicated in our

final regulations, these new procedures apply only to works restored

under the URAA and NAFTA; they thus have no precedential effect on

other filings.

3. Claimant for Registration

Mr. Patry noted that the applicable statutory language relating to

the filing of NIEs permits the ``owners of restored copyright or the

owner of an exclusive right therein'' to file a NIE, while the URAA

statutory language covering registration indicates that ``owners of

restored copyrights'' may apply for copyright registration. He asserted

the statute's failure to mention the owner of an exclusive right in

connection with registration means that only an author may file a

registration. Comment 2, at 1-2.

The Office agrees that the restored copyright vests initially in

the author as determined by the law of the source country of the work.

A work, however, is registered in the name of a claimant. 17 U.S.C.

409. ``Claimant'' is a term of art defined in existing Copyright Office

regulations, as either the author of a work or a person or organization

that has obtained ownership of all rights under the copyright initially

belonging to the author. 37 CFR 202.3(a)(3). Thus, an owner of only an

exclusive right would not be permitted to file an application in his or

her own name as the copyright claimant, although he or she could submit

an application. While the URAA authorizes the Office to adopt

regulations permitting owners of restored copyrights to file for

registration of the restored copyright, there is nothing in the URAA to

suggest that parties who register a restored work are any different

from those under existing copyright law and regulations. Moreover, it

seems essential to retain the concept of claimant since authors may no

longer be alive.

4. Foreign Law

The AAP stated that since URAA registrations may create legal

presumptions as to the validity of the copyright and the facts stated

on the registration certificate, the Office should question an

applicant's determination of foreign law issues. Comment 7, at 15. Mr.

Karp asserted that since foreign law questions will arise with respect

to many issues related to rights restored, including initial ownership,

the Office should accept multiple NIEs or registrations for the same

work. Comment 8, at 2.

The Copyright Office will accept such multiple, and possibly

adverse, NIEs and registrations for the same work. One of the more

difficult issues facing the Office is to what extent foreign law issues

should be raised in the registration process. Section 104A(b) of the

Act provides: ``A restored work vests initially in the author or

initial rightholder of the work as determined by the law of the source

country of the work.'' Determining the appropriate source country and

the applicable foreign law is a question that must ultimately be

resolved by a court. At most, the Office could simply question whether

or not an author was in fact the author under the law of the source

country. The applicant's answer would have to be accepted. The Office

does not, therefore, plan to question an applicant's determination of

foreign law issues.

IV. Procedures for Notices of Intent To Enforce

A Copyright Office task force has been meeting for several months

to discuss issues related to establishing regulations for URAA filings.

The Office also carefully considered the comments made at the public

meeting and those submitted by interested parties in response to the

Notice of Policy Decision and Public Meeting and the Notice of Proposed

Rulemaking. Most of the commentators supported a detailed NIE rather

than one limited to the minimal information required by the statute.

Based on those comments, the Office is requesting more information from

the filer of a NIE than required under the URAA. As provided in the

statute, this additional information will not affect the validity of

the notice. Additional information such as the identity of the author

is essential, however, for efficient and timely identification of a

specific work where enforcement of copyright is sought. The additional

information will also facilitate the licensing of uses of restored

works. Therefore, the Office urges those parties who are filing NIEs to

provide as much of this additional information as possible.

[[Page 50419]]

A. Format for NIEs

1. Constructive Notice

The Copyright Office will not publish NIE forms; however, a

suggested format for NIEs to be filed with the Office is included in

the Appendix below. This format is available over the Internet and can

be downloaded for use as a form. The suggested format requests

information required by the statute and optional information which is

extremely useful.

2. Actual Notice

Those parties choosing to serve actual Notice of Intent to Enforce

a Restored Copyright on the reliance party should note that the URAA

requires additional information. Therefore, if they use the Copyright

Office's NIE format as a guide for the actual notice, it will be

incomplete unless the additional information specified is added. The

URAA specifies:

Notices of Intent to Enforce a Restored Copyright served on a

reliance party shall be signed by the owner or the owner's agent,

shall identify the restored work and the work in which the restored

work is used, if any, in detail sufficient to identify them, include

an English translation of the title, any other alternative titles

known to the owner by which the work may be identified, the use or

uses to which the owner objects, and an address and telephone number

at which the reliance party may contact the owner. If the notice is

signed by an agent, the agency relationship must have been

constituted in writing and signed by the owner before service of the

notice.8

\8\ Emphasis added to show additional requirements for actual

notice.

104A(e)(2)(B) of the URAA. Actual notices may be served on a reliance

party at any time after the work is restored.

3. Who may file a Notice of Intent To Enforce?

A NIE may be filed by someone who has the authority to sign it. The

statute says that the NIE must be signed by the owner or the owner's

agent. It can also be signed by the owner of any exclusive right in the

restored copyright. As noted in the URAA and emphasized in the

certification requirement, an agent cannot sign a NIE unless the agency

relationship was constituted in writing signed by the owner before the

notice is filed. 104A(e)(1)(A)(i) of the URAA.

B. Filing Fee

The filing fee is 30 U. S. dollars 9 for a NIE covering one

work; for a NIE covering multiple works the fee is $30 for the first

work, plus one dollar for each additional work. This fee includes the

cost of an acknowledgement of recordation which will be mailed to the

filer after the Copyright Office records the NIE. The regulations

provide special instructions for payment of the filing fee, including

payment by credit card. These instructions must be followed in order to

permit processing of the fee. In addition, the filer of a NIE must

insure that sufficient funds are available for payment. Insufficient

fees could delay the effective date of notice.

\9\ All references to charges will be in terms of U.S. dollars.

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For all URAA filings, both recordation of a NIE and registration of

a restored work, the Copyright Office will accept Visa and MasterCard

and American Express credit cards to facilitate payment in U.S. dollars.

Payment by credit card is, however, available only for URAA

filings.10

\10\ Acceptance of credit cards for URAA filings will serve as a

test, however, by which the Office can determine at a later date the

feasibility of accepting credit cards for other registrations and

recordations.

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C. Certification

The Office requires the filer of a NIE to sign a certification

statement at the end of the document filed indicating that the

information given is correct to the best of his or her knowledge. The

URAA explicitly states that any materially false statement knowingly

made with respect to any restored copyright identified in any Notice of

Intent shall make void all claims and assertions made with respect to

such restored copyright. 104A(e)(3) of the URAA.

D. Mailing Address

Time is critical with processing NIEs, and it is, therefore,

important that URAA mail not come in with regular Copyright Office

mail. All NIEs should be mailed to: URAA/GATT, NIEs and Registrations,

P.O. Box 72400, Southwest Station, Washington, D.C. 20024, USA.

V. Procedures for Registering Copyright Claims in Restored Works

The URAA raises a number of unique considerations regarding the

registration of copyright claims in restored works. First, a number of

technical requirements, many of which are contained in the definition

of ``restored work,'' govern whether a foreign work is subject to

automatic restoration under the URAA. In many cases applicants seeking

registration will be foreign claimants who are unfamiliar with the

registration procedures in the United States Copyright Office. In

addition, communication over technical issues may be difficult.

Finally, virtually all of the restored copyrights will be older works;

and in some cases, submitting a copy or phonorecord of the work will be

a problem.

The Copyright Office weighed all of these considerations before

developing a procedure for registering copyright claims in restored

works. The Office has adopted a simplified procedure, which will still

maintain the integrity of the public record and adhere to the

provisions of the existing copyright law and the URAA.

The Office will register a claim to United States copyright in any

work for which copyright protection is restored by the URAA, even if a

registration was previously made before the work entered the public

domain in this country. The Office will also register a claim for any

work previously registered where the Office originally advised the

the formal requirements of the law.

A. Registration Forms

Because the URAA creates unique eligibility requirements, the

forms and a continuation page specifically designed to obtain the

information necessary for a GATT registration made under the URAA. They

are Form GATT, Form GATT/GRP and Form GATT/CON. The Form GATT covers

registration of individual restored works and restored works published

under a single series title, Form GATT/GRP covers registration of

groups of related restored works under the conditions set forth in the

regulations, and the Form GATT/CON is a page providing additional space

and may be used with either of the GATT application forms.

B. Deposit Required

In recognition of the difficulty some applicants may have in

submitting a deposit of an older work ``as first published,'' the

Office has established special deposit regulations for URAA restored

works. These regulations permit a deposit of other than the first

published edition of the work, if absolutely necessary; applicants

should keep in mind, however, that the deposit serves as a crucial part

of the public record, and it is their interest to make a complete

deposit.

C. Filing Fee

The filing fee for registration is $20, since the Copyright Office

believes the work in administering the registration procedure for

restored works will be roughly comparable to general

[[Page 50420]]

registration procedures. In addition, the regulations contain special

group registration options which will permit the registration of:

(1) A group of works published under a single series title. Form

GATT should be used; the fee is $20 for up to a calendar year's worth

of episodes, installments, or issues published under the same single

series title; and

(2) A group of at least two, but up to ten related individual works

published within the same calendar year. Form GATT/GRP should be used,

the fee is ten dollars per individual work, that is between $20-$100

per application.

The registration regulations contain special instructions for

payment of the filing fee, including payment by credit card.

D. Mailing Address

All GATT/URAA applications for registration should be mailed to:

URAA/GATT, NIEs and Registrations, P.O. Box 72400, Southwest Station,

Washington, DC 20024, USA.

VI. NAFTA

Exactly a year before the URAA was signed into law, Congress

enacted the North American Free Trade Agreement Implementation Act

Code that allowed copyright restoration in certain Mexican and Canadian

works. See generally, Federal Register notices leading to the

implementation of NAFTA, 59 FR 1408 (Jan. 10, 1994); 59 FR 12162 (Mar.

16, 1994); and 59 FR 58787 (Nov. 15, 1994). Although Congress modeled

the URAA provisions on NAFTA, there are significant differences. For

example, under the URAA, copyright restoration is automatic; under

NAFTA it was not. Moreover, the URAA requires an English translation of

the title as part of the NIE, but NAFTA did not require an English

translation for NAFTA statements of intent.

In enacting these two laws, Congress intended the restoration

provisions to operate separately from one another. Therefore, works

restored under NAFTA are not additionally restored under the URAA. It

is clear that Congress intended a new section 104A enacted in the URAA,

to replace the NAFTA version of section 104A. Unfortunately, the

statutory language in the URAA creates some ambiguities. The recent

presidential proclamation clarifies some of these questions. 60 FR

15845 (Mar. 27, 1995).

The regulation governing filings under NAFTA will be amended to

reflect a reference to the public law. This change is made necessary by

the deletion of the NAFTA version of section 104A. In addition,

Secs. 201.33 and 202.12 of the Copyright Office regulations contain

provisions clarifying that works already restored under NAFTA do not

additionally fall within the provisions of the URAA.

Despite the differences in NAFTA and URAA notice filings, the

registration procedures, including deposit preferences, available for

URAA restored works are also available for those works restored under

NAFTA.

List of Subjects

37 CFR Part 201

Cable television, Copyright, Jukeboxes, Literary works, Satellites.

37 CFR Part 202

Claims, Copyright.

In consideration of the foregoing, the Copyright Office amends 37

CFR parts 201 and 202 in the manner set forth below: