1. The authority citation for part 201 is revised to read as
follows:
Authority: 17 U.S.C. 702.
2. Section 201.31 is amended by revising the first sentence of
paragraph (a) to read as follows:
Sec. 201.31 Procedures for copyright restoration in the United States
for certain motion pictures and their contents in accordance with the
North American Free Trade Agreement.
(a) General. This section prescribes the procedures for submission
of Statements of Intent pertaining to the restoration of copyright
protection in the United States for certain motion pictures and works
embodied therein as required by the North American Free Trade Agreement
Implementation Act of December 8, 1993, Public Law No. 103-182. * * *
* * * * *
3. Section 201.33 is added to read as follows:
Sec. 201.33 Procedures for filing Notices of Intent to Enforce a
restored copyright under the Uruguay Round Agreements Act.
(a) General. This section prescribes the procedures for submission
of Notices of Intent to Enforce a Restored Copyright under the Uruguay
Round Agreements Act, as required in 17 U.S.C. 104A(a). On or before
May 1, 1996, and every four months thereafter, the Copyright Office
will publish in the Federal Register a list of works for which Notices
of Intent to Enforce have been filed. It will maintain a list of these
works. The Office will also make a more complete version of the
information contained in the Notice of Intent to Enforce available on
its automated database, which can be accessed over the Internet.
(b) Definitions--(1) NAFTA work means a work restored to copyright
on January 1, 1995, as a result of compliance with procedures contained
in the North American Free Trade Agreement Implementation Act of
December 8, 1993, Public Law No. 103-182.
(2) Reliance party means any person who--
(i) With respect to a particular work, engages in acts, before the
source country of that work becomes an eligible country under the URAA,
which would have violated 17 U.S.C. 106 if the restored work had been
subject to a copyright protection and who, after the source country
becomes an eligible country, continues to engage in such acts;
(ii) Before the source country of a particular work becomes an
eligible country, makes or acquires one or more copies of phonorecords
of that work; or
(iii) As the result of the sale or other disposition of a
derivative work, covered under the new 17 U.S.C. 104A(d)(3), or of
significant assets of a person, described in the new 17 U.S.C. 104
A(d)(3) (A) or (B), is a successor, assignee or licensee of that
person.
(3) Restored work means an original work of authorship that--
(i) Is protected under 17 U.S.C. 104A(a);
(ii) Is not in the public domain in its source country through
expiration of term of protection;
(iii) Is in the public domain in the United States due to--
(A) Noncompliance with formalities imposed at any time by United
States copyright law, including failure of renewal, lack of proper
notice, or failure to comply with any manufacturing requirements;
(B) Lack of subject matter protection in the case of sound
recordings fixed before February 15, 1972; or
(C) Lack of national eligibility; and
(iv) Has at least one author or rightholder who was, at the time
the work was created, a national or domiciliary of an eligible country,
and if published, was first published in an eligible country and not
published in the United States during the 30-day period following
publication in such eligible country.
(4) Source country of a restored work is--
(i) A nation other than the United States; and
[[Page 50421]]
(ii) In the case of an unpublished work--
(A) The eligible country in which the author or rightholder is a
national or domiciliary, or, if a restored work has more than one
author or rightholder, the majority of foreign authors or rightholders
are nationals or domiciliaries of eligible countries; or
(B) If the majority of authors or rightholders are not foreign, the
nation other than the United States which has the most significant
contacts with the work; and
(iii) In the case of a published work--
(A) The eligible country in which the work is first published; or
(B) If the restored work is published on the same day in two or
more eligible countries, the eligible country which has the most
significant contacts with the work.
(c) Forms. The Copyright Office does not provide forms for Notices
of Intent to Enforce filed with the Copyright Office. It requests that
filers of such notices follow the format set out in Appendix A of this
section and give all of the information listed in paragraph (d) of this
section. Notices of Intent to Enforce must be in English, and should be
typed or printed by hand legibly in dark, preferably black, ink, on
8 1/2 by 11 inch white paper of good quality, with at least a one inch
(or three cm) margin.
(d) Requirements for Notice of Intent to Enforce a Copyright
Restored Under the Uruguay Round Agreements Act. (1) Notices of Intent
to Enforce should be sent to the following address: URAA/GATT, NIEs and
Registrations, P.O. Box 72400, Southwest Station, Washington, DC 20024,
USA.
(2) The document should be clearly designated as ``Notice of Intent
to Enforce a Copyright Restored under the Uruguay Round Agreements
Act''.
(3) Notices of Intent to Enforce must include:
(i) Required information:
(A) The title of the work, or if untitled, a brief description of
the work;
(B) An English translation of the title if title is in a foreign
language;
(C) Alternative titles if any;
(D) Name of the copyright owner of the restored work, or of an
owner of an exclusive right therein;
(E) The address and telephone number where the owner of copyright
or the exclusive right therein can be reached; and
(F) The following certification signed and dated by the owner of
copyright, or the owner of an exclusive right therein, or the owner's
authorized agent:
I hereby certify that for each of the work(s) listed above, I am
the copyright owner, or the owner of an exclusive right, or the
owner's authorized agent, the agency relationship having been
constituted in a writing signed by the owner before the filing of
this notice, and that the information given herein is true and
correct to the best of my knowledge.
Signature-------------------------------------------------------------
Name (printed or typed)-----------------------------------------------
As agent for (if applicable)------------------------------------------
Date:-----------------------------------------------------------------
(ii) Optional but essential information:
(A) Type of work (painting, sculpture, music, motion picture, sound
recording, book, etc.);
(B) Name of author(s);
(C) Source country;
(D) Approximate year of publication;
(E) Additional identifying information (e.g. for movies: director,
leading actors, screenwriter, animator; for photographs or books:
subject matter; for books: editor, publisher, contributors);
(F) Rights owned by the party on whose behalf the Notice of Intent
to Enforce is filed (e.g., the right to reproduce/distribute/publicly
display/publicly perform the work, or to prepare a derivative work
based on the work, etc.); and
(G) Telefax number at which owner, exclusive rights holder, or
agent thereof can be reached.
(4) Notices of Intent to Enforce may cover multiple works provided
that each work is identified by title, all the works are by the same
author, all the works are owned by the identified copyright owner or
owner of an exclusive right, and the rights owned by the party on whose
behalf the Notice of Intent is filed are the same. In the case of
Notices of Intent to Enforce covering multiple works, the notice must
separately designate for each work covered the title of the work, or if
untitled, a brief description of the work; an English translation of
the title if the title is in a foreign language; alternative titles, if
any; the type of work; the source country; the approximate year of
publication; and additional identifying information.
(5) Notices of Intent to Enforce works restored on January 1, 1996,
may be submitted to the Copyright Office on or after January 1, 1996,
through December 31, 1997.
(e) Fee.
(1) Amount. The filing fee for recording Notices of Intent to
Enforce is 30 U.S. dollars for notices covering one work. For notices
covering multiple works as described in paragraph (d)(4) of this
section, the fee is 30 U.S. dollars, plus one dollar for each
additional work covered beyond the first designated work. For example,
the fee for a Notice of Intent to Enforce covering three works would be
$32. This fee includes the cost of an acknowledgement of recordation.
(2) Method of Payment. (i) Checks, money orders, or bank drafts.
The Copyright Office will accept checks, money orders, or bank drafts
made payable to the Register of Copyrights. Remittances must be
redeemable without service or exchange fees through a United States
institution, must be payable in United States dollars, and must be
imprinted with American Banking Association routing numbers.
International money orders, and postal money orders that are negotiable
only at a post office are not acceptable. CURRENCY WILL NOT BE
ACCEPTED.
(ii) Copyright Office Deposit Account. The Copyright Office
maintains a system of Deposit Accounts for the convenience of those who
frequently use its services. The system allows an individual or firm to
establish a Deposit Account in the Copyright Office and to make advance
deposits into that account. Deposit Account holders can charge
copyright fees against the balance in their accounts instead of sending
separate remittances with each request for service. For information on
Deposit Accounts please write: Copyright Office, Library of Congress,
Washington, DC 20559-6000, and request a copy of Circular 5, ``How to
Open and Maintain a Deposit Account in the Copyright Office.''
(iii) Credit cards. For URAA filings the Copyright Office will
accept VISA and MasterCard. Debit cards cannot be accepted for payment. With the NIE, a filer using a credit card must submit a separate cover
letter stating the name of the credit card, the credit card number,
the expiration date of the credit card, the total amount, and a signature
authorizing the Office to charge the fees to the account. To protect the
security of the credit card number, the filer must not write the credit
card number on the Notice of Intent to
Enforce.
(f) Public online access.
(1) Almost all of the information contained in the Notice of Intent
to Enforce is available online in the Copyright Office History
Documents (COHD) file through the Library of Congress electronic
information system LC MARVEL through the Internet. Except on Federal
holidays, this information may be obtained on terminals in the
Copyright Office at the Library of Congress Monday through Friday 8:30
a.m. - 5:00 p.m. U.S. Eastern Time or over the Internet Monday - Friday
6:30 a.m. - 9:30 p.m. U.S. Eastern
[[Page 50422]]
Time, Saturday 8:00 a.m. - 5 p.m., and Sunday 1:00 p.m. - 5:00 p.m.
(2) Alternative ways to connect through Internet are: (i) use the
Copyright Office Home Page on the World Wide Web at: http://
lcweb.loc.gov/copyright, (ii) telnet to locis.loc.gov or the numeric
address 140.147.254.3, or (iii) telnet to marvel.loc.gov, or the
numeric address 140.147.248.7 and log in as marvel, or (iv) use a
Gopher Client to connect to marvel.loc.gov.
(3) Information available online includes: the title or brief
description if untitled; an English translation of the title; the
alternative titles if any; the name of the copyright owner or owner of
an exclusive right; the author; the type of work; the date of receipt
of the NIE in the Copyright Office; the date of publication in the
Federal Register; the rights covered by the notice; and the address,
telephone and telefax number (if given) of the copyright owner.
(4) Online records of Notices of Intent to Enforce are searchable
by the title, the copyright owner or owner of an exclusive right, and
the author.
(g) NAFTA work. The copyright owner of a work restored under NAFTA
by the filing of a NAFTA Statement of Intent to Restore with the
Copyright Office prior to January 1, 1995, is not required to file a
Notice of Intent to Enforce under this regulation.
Appendix A to Sec. 201.33--Notice of Intent To Enforce a Copyright
Restored Under the Uruguay Round Agreements Act (URAA)
1. Title:----------------------------------------------------------
(If this work does not have a title, state ``No title.'') OR
Brief description of work (for untitled works only): ________
-------------------------------------------------------------------
2. English translation of title (if applicable):----------------------
3. Alternative title(s) (if any):-------------------------------------
4. Type of work:------------------------------------------------------
(e.g. painting, sculpture, music, motion picture, sound recording,
book)
5. Name of author(s):-------------------------------------------------
6. Source country:----------------------------------------------------
7. Approximate year of publication:-----------------------------------
8. Additional identifying information:--------------------------------
(e.g. for movies; director, leading actors, screenwriter, animator,
for photographs: subject matter; for books; editor, publisher,
contributors, subject matter).
9. Name of copyright owner:-------------------------------------------
(Statements may be filed in the name of the owner of the
restored copyright or the owner of an exclusive right therein.)
10. If you are not the owner of all rights, specify the rights you
own:
----------------------------------------------------------------------
(e.g. the right to reproduce/distribute publicly display/
publicly perform the work, or to prepare a derivative work based on
the work)
11. Address at which copyright owner may be contacted:
----------------------------------------------------------------------
----------------------------------------------------------------------
(Give the complete address, including the country and an
``attention'' line, or ``in care of'' name, if necessary.)
12. Telephone number of owner:----------------------------------------
13. Telefax number of owner:------------------------------------------
14. Certification and Signature:
I hereby certify that, for each of the work(s) listed above, I
am the copyright owner, or the owner of an exclusive right, or the
owner's authorized agent, the agency relationship having been
constituted in a writing signed by the owner before the filing of
this notice, and that the information given herein is true and
correct to the best of my knowledge.
Signature:-------------------------------------------------------------
Name (printed or typed):-----------------------------------------------
As agent for (if applicable):------------------------------------------
Date:------------------------------------------------------------------
Note: Notices of Intent to Enforce must be in English, except
for the original title, and either typed or printed by hand legibly
in dark, preferably black, ink. They should be on 8 1/2'' by 11''
white paper of good quality, with at least a 1-inch (or 3 cm)
margin.