Federal Register / Vol. 62, No. 244 / Friday, December 19, 1997 / Notices
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66766 Federal Register / Vol. 62, No. 244 / Friday, December 19, 1997 / Notices LIBRARY OF CONGRESS domiciliaries of World Trade can enforce a restored copyright against Organization (WTO) or Berne countries a reliance party, the copyright owner Copyright Office that were not protected in the United must first file or serve a Notice of Intent [Docket No. 97±3B] States for the reasons listed below. 17 to Enforce (NIE) on such parties. U.S.C. 104A (1994). Specifically, to A copyright owner may file an NIE in Copyright Restoration of Works In qualify for restoration, a work must be the Copyright Office within 24 months Accordance With the Uruguay Round an original work of authorship that: of the date of restoration of copyright. Agreements Act; List Identifying (1) is not in the public domain in its Alternatively, an owner may serve an Copyrights Restored Under the source country through expiration of NIE on an individual reliance party at Uruguay Round Agreements Act for term of protection; any time during the term of copyright; Which Notices of Intent To Enforce (2) is in the public domain in the however, such notices are effective only Restored Copyrights Were Filed in the United States due to: against the party served and those who Copyright Office (i) noncompliance with formalities have actual knowledge of the notice and imposed at any time by United States its contents. NIEs appropriately filed AGENCY: Copyright Office, Library of copyright law, including failure to with the Copyright Office and published Congress. renew, publishing the work without a herein serve as constructive notice to all ACTION: Publication of Sixth List of proper notice, or failure to comply with reliance parties. Notices of Intent to Enforce Copyrights any manufacturing requirements; II. Administrative Processing Restored Under the Uruguay Round (ii) lack of subject matter protection in Agreements Act. the case of sound recordings fixed Pursuant to the URAA, the Office is before February 15, 1972; or publishing its sixth four month list SUMMARY: The Copyright Office is (iii) lack of national eligibility (e.g., identifying restored works and the publishing its sixth list of restored the work is from a country with which ownership for Notices of Intent to copyrights for which it has received and the United States did not have copyright Enforce a restored copyright filed with processed Notices of Intent to Enforce a relations at the time of the work's the Office. 17 U.S.C. 104A(e)(1)(B). The copyright restored under the Uruguay publication); and earlier lists were published between Round Agreements Act. Publication of (3) has at least one author (or in the May 1, 1996, and August 22, 1997. 61 the lists creates a record for the public case of sound recordings, rightholder) FR 19372 (May 1, 1996), 61 FR 46134 to identify restored copyright owners who was, at the time the work was (Aug. 30, 1996), 61 FR 68454 (Dec. 27, and works for which Notices of Intent created, a national or domiciliary of an 1996), 62 FR 20211 (April 25, 1997) and to Enforce have been filed with the eligible country. If the work was 62 FR 44842 (August 22, 1997). To Copyright Office. Copyright owners published, it must have been first allow for processing NIE information, from countries eligible to file on January published in an eligible country and not the Office closes the record for 1, 1996, must file Notices of Intent to published in the United States within publication approximately two weeks Enforce copyright in their restored 30-days of first publication. See 17 before publication. Accordingly, the works in the Copyright Office by no U.S.C. 104A(h)(6). NIEs listed herein are those entered into later than December 31, 1997. A work meeting these requirements is the public records of the Office between EFFECTIVE DATE: December 19, 1997. protected ``for the remainder of the term August 8, 1997, and December 5, 1997. FOR FURTHER INFORMATION CONTACT: of copyright that the work would have NIEs received after the current Office Marilyn J. Kretsinger, Assistant General otherwise been granted in the United processing cutoff date, but on or before Counsel, or Charlotte Douglass, States if the work never entered the the cutoff date of December 31, 1997, Principal Legal Advisor to the General public domain in the United States.'' 17 will be published on January 30, 1998.2 Counsel, Copyright GC/I&R, Post Office U.S.C. 104A(a)(1)(B). NIEs for works restored to copyright Box 70400, Southwest Station, Under the URAA, copyright in on January 1, 1996, must be postmarked Washington, D.C. 20024. Telephone: restored works vests automatically on on or before December 31, 1997, to be (202) 707±8380. Telefax: (202) 707± the date of restoration. 17 U.S.C. accepted in the Copyright Office for 8366. 104A(a)(1)(A). That date is January 1, publication in the Federal Register. See 1996, if the particular nation was 17 U.S.C. 104A(d)(2). Owners of works SUPPLEMENTARY INFORMATION: already a member of the World Trade that are still within their eligible filing I. Background Organization (WTO) or the Berne period may continue to file such notice Convention. Otherwise, the effective with the Copyright Office and receive The Uruguay Round Agreements Act date of restoration is the date of a constructive notice, and the Office will (URAA) (Pub.L.No. 103±465; 108 Stat. particular nation's adherence to the continue to publish a list of eligible 4809 (1994)) provides for the restoration WTO or the Berne Convention or the NIEs in the Federal Register. of copyright in certain works that were date when the President issues a in the public domain in the United III. Correction of Previously Filed NIEs 1 proclamation extending copyright States. Under section 104A of title 17 restoration to that nation. Correction NIEs for major errors on of the United States Code as provided Although the copyright owner may any NIE filed must be submitted within by the URAA, copyright protection was immediately enforce the restored the eligibility period. 37 CFR restored on January 1, 1996, in certain copyright against individuals who 201.34(d)(6)(i). Minor errors may be works by foreign nationals or infringe his or her rights on or after the corrected at any time without regard to effective date of restoration, the eligibility for filing, pursuant to the 1 The URAA's amendment of 17 U.S.C. 104A copyright owner's right to enforce the interim regulation on Correction NIEs, replaces section 104A under the North American published at 62 FR 55736 (October 28, Free Trade Agreement Implementation Act restored copyright is delayed against (Pub.L.No. 103±182, 107 Stat. 2057, 2115 (1993)). reliance parties. Typically, a reliance 1997). The Uruguay Round Trade Agreements, Texts of party is one who was already using the Agreements, Implementing Bill, Statement of work before December 8, 1994, the date 2 NIE's received in the Copyright Office after Administrative Action, and Required Supporting January 26, 1998, that were postmarked no later Statements, H.R. Doc. No. 316, 103d Cong., 2d Sess. the URAA was enacted. See 17 U.S.C. than December 31, 1997, will be published in the 324 (1994). See 60 FR 50414 (Sept. 29, 1995). 104A(h)(4). Before a copyright owner appropriate four month list. Federal Register / Vol. 62, No. 244 / Friday, December 19, 1997 / Notices 66767 IV. Online Availability of NIE Lists A cross-reference to the composite Punos de roca. NIEs are located in what is known as owner (e.g., Title I owned by ``A B & C'') Raffles Mexicano. the Copyright Office History Documents will state, ``SEE A B & C'' at the listing Los recuerdos del porvenir. (COHD) file which is available from for each individual owner, (e.g., for El renegado blanco. computer terminals located in the Owner A, for Owner B and for Owner Rio hondo. Copyright Office itself or from terminals C). El robo al tren correo. located in other parts of the Library of Rosario. V. Sixth List of Notices of Intent To Serenata en Mexico. Congress NIE information through the Enforce Library of Congress Information System Los sheriffs de la frontera. (LOCIS). The hours of availability are Alameda Films, SA. Soy un golfo. Monday through Friday 8:30 a.m.±5:00 Los amores de una viuda. Te vi en television. p.m. U.S. Eastern Time (Copyright El ataud del vampiro. Tiempo de morir. Office) or over the Internet Monday± El aviador fenomeno. Los tres amores de Lola. Tres hermanos. Friday 6:30 a.m.±9:30 p.m. U.S. Eastern Una bala es mi testigo. Triangulo. Time, Saturday 8:00 a.m.±5:00 p.m., and El Baron del Terror. Twist locura de juventud. Sunday 1:00 p.m.±5:00 p.m. Alternative La cabeza viviente. Vacaciones en Acapulco. ways to connect through Internet are: (i) Cadena de mentiras. El vampiro. use the Copyright Office Home Page on Casi casados. El caso de la mujer asesinadita. Venganza apache. the World Wide Web at: http:// Chabelo y Pepito detectives. Las visitaciones del diablo. www.loc.gov/copyright; (ii) connect Chabelo y Pepito vs. los monstruos. Una viuda sin sosten. directly to LOCIS through the telnet Las cinco advertencias de satanas. Yo quiero ser mala. address at locis.loc.gov or (iii) use the Cinco asesinos esperan. Yo quiero ser torero. Library of Congress gopher LC MARVEL Cinco mil dolares de recompensa. El Zorro vengador. at: marvel.loc.gov port 70. LC MARVEL Comicos y canciones. Argos Films S.A.R.L.