ANNOUNCEMENT from the Copyright Office, Library of Congress, Washington, D.C. 20559-6000 PUBLICATION OF FIFTH LIST OF NOTICES OF INTENT TO ENFORCE COPYRIGHTS RESTORED UNDER THE URUGUAY ROUND AGREEMENTS ACT. COPYRIGHT RESTORATION OF WORKS IN ACCORDANCE WITH THE URUGUAY ROUND AGREEMENTS ACT; LIST IDENTIFYING COPYRIGHTS RESTORED UNDER THE URUGUAY ROUND AGREEMENTS ACT FOR WHICH NOTICES OF INTENT TO ENFORCE RESTORED COPYRIGHTS WERE FILED IN THE COPYRIGHT OFFICE. The following excerpt is taken from Volume 62, Number 163 of the Federal Register for Friday, August 22,1997 (p. 443424854) SUPPLEMENTARY INFORMATION: the work is from a country with which LIBRARY OF CONGRESS the United States did not have copyright I. Background relations at the time of the work's Copyright Off ice publication); and The Uruguay Round General (3) Has at least one author (or in the 37 CFR Chapter II Agreement on Tariffs and Trade and the case of sound recordings, rightholder) Uruguay Round Agreements Act who was, at the time the work was [Docket No. RM 97-3A] (URAA) (Pub. L. 103-465; 108 Stat. 4809 created, a national or domiciliary of an Copyright Restoration of Works in (1994)) provide for the restoration of eligible country. If the work was Accordance With the Uruguay Round copyright in certain works that were in published, it must have been first Agreements Act; List Identifying the public domain in the United States. published in an eligible country and not Copyrights Restored Under the Under section 104.4 of title 17 of the published in the United States within 30 Uruguay Round Agreements Act for United States Code as provided by the days of first publication. Which Notices of Intent to enforce URAA, copyright protection was See 17 U.S.C. 104A(h)(6).A work Restored Copyrights Were Filed in the restored on January 1,1996, in certain meeting these requirements is protected Copyright Office works by foreign nationals or domici- "for the remainder of the term of liaries of World Trade Organization copyright that the work would have AGENCY: Copyright Office, Library of (WTO) or Berne countries that were not otherwise been granted in the United Congress. protected under the copyright law for the States if the work never entered the ACTION: Publication of fifth list of reasons listed below in (2). Specifically, public domain in the United States." 17 notices of intent to enforce co yrights for restoration of copyright, a work must U.S.C. 104A(a)(l)(B). restored under the Uruguay Round be an original work of authorship that: Although the copyright owner may Agreements Act. (1) Is not in the public domain in its immediately enforce the restored SUMMARY: The Copyright Office is source country through expiration of copyright against individuals who publishing its fifth list of restored term of protection; infringe his or her rights on or after the copyrights for which it has received and (2) Is in the public domain in the effective date of restoration, the processed notices of intent to enforce a United States due to: copyright owner's right to enforce the copyright restored under the Uruguay (i) Noncompliance with formalities restored copyright is delayed against Round Agreements Act. Publication of imposed at any time by United States reliance parties. Typically, a reliance the lists creates a record for the public to copyright law, including failure of party is one who was already using the identify copyright owners and works renewal, publishing the work without a work before December 8,1994, the date whose copyright has been restored for proper notice, or failure to comply with the URAA was enacted. See 17 U.S.C. which notices of intent to enforce have any manufacturing requirements; (ii) 104A(h)(4).Before a copyright owner can been filed with the Copyright Office. lack of subject matter protection in the enforce a restored copyright against a case of sound recordings fixed before reliance party, the copyright owner must EFFECTIVE DATE: August 22,1997. February 15,1972; or file a Notice of Intent (NIE) with the (iii) Lack of national eligibility (e.g., Copyright Office or serve an NIE on such FOR FURTHER INFORMATION a party. CONTACT: Marilyn J. Kretsinger, 'The URAA's amendment of 17 U.S.C. 104A An NIE may be filed in the Copyright Assistant General Counsel, or Charlotte replaced section 104A under the North American Office within two years of the date of Douglass, Principal Legal Advisor to the Free Trade Agreement Implementation Act (Pub. L. restoration of copyright. Alternatively, an 103-182.107 Stat. 2057, 2115 (1993)). The Uruguay NIE may be served on an individual General Counsel, Copyright GC/I&R, Round Trade Agreements, Texts of Agreements, Post Office Box 70400, Southwest Station, Implementing Bill, Statement of Administrative reliance party at any time during the Washington, D.C. 20024. Telephone: (202) Action, and Required Supporting Statements, H.R. term of copyright; however, such notices 707-8380. Telefax: (202) 707-8366. Doc.No. 316,103d Cong., 2d Sess. 324 (1994).See 60 are effective only against the party FR 50414 (Sept. 29,1995). September 1997-500 @ PRINTED ON RECYCLED PAPER Page 1 of 15 ML-566 Served and those who have actual Using the information provided A, for Owner B and for Owner C). knowledge of the notice and its contents. herein, one may search the Office's NIEs appropriately filed with the database to obtain additional V. Fifth List of Notices of Intent to Copyright Office and published herein information about a particular NIE. NIEs Enforce serve as constructive notice to all reliance are located in what is known as the parties. k,pyright Office History Documents Antenne 2. SEE Pathe & Antenne 2 (COHD) file. This file is available from 11. Corrections Procedure computer terminals located in the Ardennes. SEE Cogelda and Ardennes Copyright Office itself or from terminals The Copyright Office has promulgated located in other parts of the Library of Ariane and Cogelda final regulations that provide for filing Congress through the Library of NIEs with the Office. 60 FR 50414 (Sept. Congress Information System (LOCIS). Classe tous risques. 29,1995). As required by 17 U.S.C. Alternative ways to connect through 104A(e)(l)(A)(iii),the Office's final Internet are (i) the World Wide Web Ariane and Pathe regulation included provisions for the (WWW), using the Copyright Office correction of minor errors or omissions. Home Page at: http://www.loc.gov/ Non coupable In response to requests for more detailed copyright; (ii) connect directly to LOCIS instructions for correcting all kinds of through the telnet address at Ariane. SEE Cogelda and Ariane errors made in filing NIEs, the Office locis.loc.gov; or (iii) use the Library of published further instructions in a Congress gopher LC MARVEL at: Ariane. SEE Cogelda, Ariane and proposed regulation on July 30, 1997.62 marvel.loc.gov port 70. LC MARVEL and Rizzoli FR 40780 (1997). WWW are available 24 hours a day. LOCIS is available 24 hours a day Arlano. SEE Cogelda and Arlano 111. Administrative Processing Monday through Friday, Eastern Eme; Saturday, until 5 p.m.; and Sunday after Authors Rights Restoration Corporation, Pursuant to the URAA, the Office is 11 a.m? Information available online Inc. publishing its fifth four-month list includes: the title or brief description if 880 super cop. identifying restored works for notices of untitled; an English translation of the A desnudarse . tocan. intent to enforce a restored copyright title; the alternative titles if any; the A media luz. filed with the Office. 17 U.S.C. name of the copyright owner or owner of A paso de cojo. 104A(e)(l)(B).The earlier lists were one or more exclusive rights, the date of A quien le doy la suerte. published between May 1,1996, and receipt of the NIE in the Copyright A sablazo limpno. April 25,1997.61 FR 19372 (May 1,1996), Office; the date of publication in the A Sadam le Dam. 61 FR 46134 (Aug. 30,1996), 61 FR 68454 Federal Register; and the address, A volar, joven. (Dec. 27, 1996), and 62 FR 20211 (April telephone and telefax number of the Abajo el telon. 25,1997). We have published only the copyright owner. If given on the NIE, the Las abandonadas. names of the owners and the titles listed online information will also include the Aborto. in the NIEs because that is all that is author, the type of work, and the rights Acapulco. required by law. The funds needed to covered by the notice. See 37 CFR Acapulco 12-22. include any additional information are 201.33(f). For the purpose of researching Adios cunado. not available. The NIEs listed herein are the full Office record of NIEs on the Adios mi chaparrita. those entered into the public records of Internet, the Office has made online Adios Nicanor. the Office between April 11,1997, and searching instructions accessible through Un adorable sinverguenza. August 8,1997. To allow for processing the Copyright Office Home Page. Adorables mujercitas. NIE information, the Office closes the Researchers can access them through the Las adulteras. record for publication approximately two Library of Congress Home Page on the Adulterio. weeks before publication. Accordingly, World Wide Web by selecting the Las adventuras de Juliancito. the cutoff date for publication of the sixth copyright link. Select the menu item El agarra todo. NIE list on December 19,1997, will be on , "Copyright Office Records" and/or Agarrando parejo. or about December 5. NIEs received in "URAA, GATT Amends U.S. law." Las aguas bajan, turbias. the Office after this cutoff date and on or Finally, images of the complete NIEs as Aguilas de acero.