ANNOUNCEMENT from the Copyright Office, Library of Congress, Washington, D.C
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ANNOUNCEMENT from the Copyright Office, Library of Congress, Washington, D.C. 20559- PUBLICATION OF 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 61, Number 85 of the Federal Register for Wednesday, May 1, 1996 (pp. 19372-19388) LIBRARY OF CONGRESS D.C. 20024. Telephone: (202) 707-8380. (ii) lack of subject matter protection in the Telefax: (202) 707-8366. case of sound recordings fixed before Copyright Office February 15, 1972; or SUPPLEMENTARY INFORMATION: The (iii) lack of national eligibility; and [Docket No. 96-1] Uruguay Round General Agreement on (D) has at least one author or rightholder Tariffs and Trade and the Uruguay Round who was, at the time the work was created, Copyright Restoration of Works In Agreements Act (URAA) (Pub.L.No. a national or domiciliary of an eligible Accordance With the Uruguay Round 103-465; 108 Stat. 4809 (1994)) provide country, and if published, was first published Agreements Act; List Identifying for the restoration of copyright in certain in an eligible country and not published in Copyrights Restored under the works that were in the public domain in the United States during the 30-day period Uruguay Round Agreements Act for the United States. Under a new section following publication in such eligible country. which Notices of Intent to Enforce 104A of title 171 of the United States Code Restored Copyrights Were Filed in the 17 U.S.C. 104A(h)(6).2 A work meeting Copyright Office as provided by the URAA, copyright protection was restored on January these requirements is protected “for the 1, 1996, in certain works by foreign remainder of the term of copyright that AGENCY: Copyright Office, Library of nationals or domiciliaries of World Trade the work would have otherwise been Congress. Organization (WTO) or Berne countries granted in the United States if the work that entered the public domain for failure never entered the public domain in the ACTION: Publication of List of Notices to comply with certain requirements United States.” 17 U.S.C. 104A(a)(1)(B). of Intent to Enforce Copyrights Restored prescribed by U.S. copyright law. 17 Unlike the procedure for restoration Under the Uruguay Round Agreements U.S.C. 104A (1994). Specifically, to qualify under the North American Free Trade Act. for restoration, a work must be an original Agreement Implementation Act, under work of authorship that the URAA, copyright in restored (B) is not in the public domain in its source works vests automatically on the date SUMMARY: The Copyright Office is country through expiration of of restoration, without any need for publishing a list of restored copyrights term of protection; notification of the Copyright Office. 17 for which it has received and processed (C) is in the public domain in the United U.S.C. 104A(a)(1)(A). The copyright Notices of Intent to Enforce a copyright States due to: owner may immediately enforce the restored under the Uruguay Round (i) noncompliance with formalities restored copyright against individuals Agreements Act. Publication of this list imposed at any time by United States who infringe his or her rights on or copyright law, including failure of renewal, creates a record for the public identifying after the effective date of restoration. lack of proper notice, or failure to comply with That date is the later of January 1, 1996, restored copyright owners and works for any manufacturing requirements; which Notices of Intent to Enforce have or the date of a particular nation’s been filed with the Copyright Office. adherence to membership in the WTO or the Berne Convention, or the date of EFFECTIVE DATE: May 1, 1996. 1 The URAA’s amendment of 17 U.S.C. 104A replaces section 104A under the North American Free Trade a Presidential Proclamation restoring FOR FURTHER INFORMATION CONTACT: Agreement Implementation Act (Pub.L.No. 103-182, copyright protection to a nation. The Marilyn J. Kretsinger, Acting General 107 Stat. 2057, 2115 (1993)). The Uruguay Round Trade copyright owner, however, may not Counsel, or Charlotte Douglass, Principal Agreements, Texts of Agreements, Implementing Bill, Statement of Administrative Action, and Required Legal Advisor to the General Counsel, Supporting Statements, H.R. Doc. No. 316, 103d 2 Certain works that were owned or administered Copyright GC/I&R, Post Office Box Cong., 2d Sess. 324 (1994). See 60 FR 50414 (Sept. 29, by the Alien Property Custodian are excepted from 70400, Southwest Station, Washington, 1995). protection as a restored work. 17 U.S.C. 104A(b). Page 1 of 17 May 1996-50 enforce the restored copyright against Web: http://lcweb.loc.gov/copyright; the Mi desconocida esposa reliance parties, those who were already gopher address is: marvel.loc.gov; and Mi esposa y la otra using the work or acquired copies of the the telnet address is: locis.loc.gov. The Misterios de ultratumba work before the date of enactment of the Copyright Office will perform a search of La muerte es puntual URAA, until after the copyright owner these records upon the receipt of a written El mundo de los vampiros files a Notice of Intent to Enforce (NIE) request and the statutory search fee of My vida es una cancion a restored copyright in the Copyright $20.00 per hour or fraction thereof. Also, Nadie muere dos veces Office or serves an NIE on the individual for a fee, the Copyright Office will also Negra consentida reliance party. make copies of NIEs or the list identifying El pantano de las animas Pursuant to the URAA, the Copyright restored works and their owners. The El pecado de Laura Office issued final regulations governing following restored works, from NIEs Pension de artistas the procedures for filing NIEs on processed in the Copyright Office by Pepito y la lampara maravillos September 29, 1995. In those regulations, April 19, 1996, are listed alphabetically by Pistoleros del oeste published in the Federal Register, the copyright owner; multiple works owned Policias y ladrones Office stated that it would subsequently by a particular copyright owner are listed El potro salvaje publish lists of works for which Notices alphabetically by title. Principio y fin of Intent to Enforce a restored copyright Punos de roca were filed with the Copyright Office. The Abbey, Trustees of the late J.R. Raffles Mexicano URAA directs that Los recuerdos del porvenir Abbey collection of colour plate books in The Register of Copyrights shall publish El renegado blanco aquatint and lithography in the Federal Register, commencing not later Rio hondo Life in England than 4 months after the date of restoration for a El robo al tren correo Scenery of Great Britain and Ireland particular nation and every 4 months thereafter Rosario Travel I for a period of 2 years, lists identifying restored Serenata en Mexico works and the ownership thereof if a notice of Travel II intent to enforce a restored copyright has been Los sheriffs de la frontera filed. Alameda Films, SA Soy un golfo Te vi en television Los amores de una viuda Tiempo de morir 17 U.S.C. 104A(e)(1)(B). The first list was El ataud del vampiro Los tres amores de Lola to be published on May 1, 1996. El aviador fenomeno Tres Hermanos Section 104A(d) of the URAA Una bala es mi testigo Triangulo permits a reliance party to continue El baron del terror Twist locura de juventud to use a restored copyright which it La cabeza viviente Vacaciones en Acapulco acquired before the date of enactment Cadena de mentiras El vampiro of the URAA, December 8, 1994, for a Casi casados Venganza apache 12 month period beginning on the date El caso de la mujer asesinadita Las visitaciones del diablo of publication of the list identifying the Chabelo y Pepito detectives Una viuda sin sosten restored work in the Federal Register. 17 Chabelo y Pepito vs. los Monstruos Yo quiero ser mala U.S.C. 104A(d)(2). When a notice of intent La cinco advertencias de Satanas Yo quiero ser torero is both filed with the Copyright Office Cinco asesinos esperan El Zorro vengador and served on an individual reliance Cinco mil dolares de recompensa party, the 12-month period of immunity Comicos y canciones Arrow Film Distributors, Ltd. from suit for continued use of the restored Corona de lagrimas Millionairess copyright begins to run from the date of El crepusculo de un dios Trial and error publication or the date of service of the Cuando acaba la noche notice, whichever date is earlier. Filing Cuando regrese mama Babington-Smith, Constance of an NIE with the Copyright Office is Cucurrucucu paloma Pleasures of ruins effective as to all reliance parties, while Del suelo no paso service on an individual reliance party El diablo no es tan diablo Badin Zacarias, Anuar is effective as to that reliance party and Los diablos del terror any other reliance parties with actual Un dorado de Pancho Villa Claudia y el deseo knowledge of such service and of the La edad de la tentacion Boosey & Hawkes, Inc. contents of that notice. 17 U.S.C. 104A(c). El espejo de la bruja This list identifying restored works La flecha envenenada 4 etudes pour piano d’apres les suites and their owners is also available Futbol Mexico 70 pour violincelle de Bach for public inspection in the Public Una gringuita en Mexico 48 sinfonietta in A (revised) op.