Friday January 30, 1998 Part V Library of Congress Copyright Office Copyright Restoration of Works in Accordance With the Uruguay Round Agreements Act; Notice federal register 5141 5142 Federal Register / Vol. 63, No. 20 / Friday, January 30, 1998 / Notices LIBRARY OF CONGRESS provided by the URAA, copyright work before December 8, 1994, the date protection was restored on January 1, the URAA was enacted. See 17 U.S.C. Copyright Office 1996, in certain works by foreign 104A(h)(4). Before a copyright owner [Docket No. 97±3C] nationals or domiciliaries of World can enforce a restored copyright against Trade Organization (WTO) or Berne a reliance party, the copyright owner Copyright Restoration of Works In countries that were not protected under must file a Notice of Intent (NIE) with Accordance With the Uruguay Round the copyright law for the reasons listed the Copyright Office or serve an NIE on Agreements Act; List Identifying below in (2). Specifically, for restoration such a party. Copyrights Restored Under the of copyright, a work must be an original An NIE may be filed in the Copyright Uruguay Round Agreements Act for work of authorship that: Office within 24 months of the date of Which Notices of Intent to Enforce (1) is not in the public domain in its restoration of copyright. Alternatively, Restored Copyrights Were Filed in the source country through expiration of an owner may serve an NIE on an Copyright Office term of protection; individual reliance party at any time (2) is in the public domain in the during the term of copyright; however, AGENCY: Copyright Office, Library of United States due to: such notices are effective only against Congress. (i) noncompliance with formalities the party served and those who have ACTION: Publication of Seventh List of imposed at any time by United States actual knowledge of the notice and its Notices of Intent to Enforce Copyrights copyright law, including failure of contents. NIEs appropriately filed with Restored Under the Uruguay Round renewal, publishing the work without a the Copyright Office and published Agreements Act. proper notice, or failure to comply with herein serve as constructive notice to all any manufacturing requirements; reliance parties. SUMMARY: The Copyright Office is (ii) lack of subject matter protection in publishing its seventh list of restored the case of sound recordings fixed II. Administrative Processing copyrights for which it has received and before February 15, 1972; or Pursuant to the URAA, the Office is processed Notices of Intent to Enforce a (iii) lack of national eligibility (e.g., publishing its seventh four-month list copyright restored under the Uruguay the work is from a country with which identifying restored works for notices of Round Agreements Act. Publication of the United States did not have copyright intent to enforce a restored copyright the lists creates a record for the public relations at the time of the work's filed with the Office. 17 U.S.C. to identify copyright owners and works publication); and 104A(e)(1)(B). The earlier lists were whose copyright has been restored for (3) has at least one author (or in the published between May 1, 1996, and which Notices of Intent to Enforce have case of sound recordings, rightholder) December 19, 1997. 61 FR 19372 (May been filed with the Copyright Office. who was, at the time the work was 1, 1996), 61 FR 46134 (Aug. 30, 1996), This list includes NIEs filed by created, a national or domiciliary of an 61 FR 68454 (Dec. 27, 1996), 62 FR copyright owners whose eligibility to eligible country. If the work was 20211 (April 25, 1997), 62 FR 44842 file in the Office expired December 31, published, it must have been first (Aug. 22, 1997), and 62 FR 66766 (Dec. 1997. Copyright Office processing published in an eligible country and not 19, 1997). To allow for processing this continues for the remainder of NIEs published in the United States within NIE information, the Office closed the received on or before December 31, 30 days of first publication. See 17 record for publication approximately 1997. U.S.C. 104A(h)(6). three working days before forwarding EFFECTIVE DATE: January 30, 1998. A work meeting these requirements is this record for publication. Accordingly, FOR FURTHER INFORMATION CONTACT: protected ``for the remainder of the term the NIEs listed herein are those entered Marilyn J. Kretsinger, Assistant General of copyright that the work would have into the public records of the Office Counsel, or Charlotte Douglass, otherwise been granted in the United between December 5, 1997, and January Principal Legal Advisor to the General States if the work never entered the 21, 1998. NIEs not processed by January Counsel, Copyright GC/I&R, Post Office public domain in the United States.'' 17 21, 1998, will appear on the eighth four- Box 70400, Southwest Station, U.S.C. 104A(a)(1)(B). month list, to be published on April 17, Washington, D.C. 20024. Telephone: Under the URAA, copyright in 1998. (202) 707±8380. Telefax: (202) 707± restored works vests automatically on NIEs for works restored to copyright 8366. the date of restoration. 17 U.S.C. on January 1, 1996, must have been SUPPLEMENTARY INFORMATION: 104A(a)(1)(A). That date is January 1, postmarked on or before December 31, 1996, if the particular nation was 1997, to be accepted in the Copyright I. Background already a member of the World Trade Office for publication in the Federal The Uruguay Round General Organization (WTO) or the Berne Register. See 17 U.S.C. 104A(d)(2). NIEs Agreement on Tariffs and Trade and the Convention. Otherwise, the effective that were received in the Office too late Uruguay Round Agreements Act date of restoration is the date of a for Federal Register publication will be (URAA) (Public Law No. 103±465; 108 particular nation's adherence to the returned to the remitter unrecorded, and Stat. 4809 (1994)) provide for the WTO or the Berne Convention or the the fee will be refunded. On the other restoration of copyright in certain works date when the President issues a hand, owners of works that are still that were in the public domain in the proclamation extending copyright within their eligible filing period may United States. Under section 104A of restoration to that nation. continue to file such notices with the 1 title 17 of the United States Code as Although the copyright owner may Copyright Office and receive immediately enforce the restored constructive notice, and the Office will 1 The URAA's amendment of 17 U.S.C. 104A copyright against individuals who replaced section 104A under the North American continue to publish a list of eligible Free Trade Agreement Implementation Act (Public infringe his or her rights on or after the NIEs in the Federal Register. Law No. 103±182, 107 Stat. 2057, 2115 (1993)). The effective date of restoration, the Uruguay Round Trade Agreements, Texts of copyright owner's right to enforce the III. Correction of Previously Filed NIEs Agreements, Implementing Bill, Statement of restored copyright is delayed against Correction NIEs for major errors Administrative Action, and Required Supporting Statements, H.R. Doc. No. 316, 103d Cong., 2d Sess. reliance parties. Typically, a reliance (essentially, major errors in title and 324 (1994). See 60 FR 50414 (Sept. 29, 1995). party is one who was already using the owner information) on any NIE filed Federal Register / Vol. 63, No. 20 / Friday, January 30, 1998 / Notices 5143 must be submitted within the eligibility V. Seventh List of Notices of Intent to La fiaca. period. 37 CFR 201.34 (d)(6)(i). Minor Enforce Los fierecillos indomables. errors may be corrected at any time The following restored works are Los fierecillos se divierten. Flor de piolas. without regard to eligibility for filing, listed alphabetically by copyright Galeria del terror. pursuant to the interim regulation on owner; multiple works owned by a La gran ruta. Correction NIEs, published at 62 FR particular copyright owner are listed La guerra gaucha. 55736 (Oct. 28, 1997). alphabetically by title. Works having La guita. IV. On-line Availability of NIE Lists more than one copyright proprietor are Hasta que se ponga el sol. listed under the first owner and cross- Hay que romper la rutina. Using the information provided referenced to the succeeding owner(s). Un hombre hasta la muerte. herein, one may search the Office's A cross-reference to the composite Los hombres pienssas solo en eso. database to obtain additional owner (e.g., Title I owned by ``A B & C'') Hotel alojamiento. information about a particular NIE. NIEs will state, ``SEE A B & C'' at the listing Jacinta pichimahuida se enamora. are located in what is known as the for each individual owner (e.g., for El jefe. Copyright Office History Documents Owner A, for Owner B and for Owner Las locas del conventillo. (COHD) file, which is available from C). El macho de America. computer terminals located in the ADAGP. SEE Societe Civile Succession Maridos en vacaciones. Richard Guino & ADAGP (Societe Copyright Office itself or from terminals Mi novia el travesti. de Auteures des Arts Graphiques et located in other parts of the Library of Mirame la palomita. Plastiques). Congress through the Library of El muerto. Anguru. SEE Art Theatre Guild of Japan Las mujeres son cosa de guapos. Congress Information System (LOCIS). Company, Ltd. & Anguru. Alternative ways to connect through Los neuroticos. Apple Corps., Ltd. No exit. Internet are: (i) The World Wide Web Angus McBean Beatles photographs. No habra mas penas ni olvido. (WWW), using the Copyright Office Bruce McBroom Beatles photographs.