Federal Register / Vol. 62, No. 163 / Friday, August 22, 1997 / Notice
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44842 Federal Register / Vol. 62, No. 163 / Friday, August 22, 1997 / Notice LIBRARY OF CONGRESS copyright law for the reasons listed herein serve as constructive notice to all below in (2). Specifically, for restoration reliance parties. Copyright Office of copyright, a work must be an original II. Corrections Procedure [Docket No. 97±3A] work of authorship that: (1) Is not in the public domain in its The Copyright Office has promulgated Copyright Restoration of Works in source country through expiration of final regulations that provide for filing Accordance With the Uruguay Round term of protection; NIEs with the Office. 60 FR 50414 (Sept. Agreements Act; List Identifying (2) Is in the public domain in the 29, 1995). As required by 17 U.S.C. Copyrights Restored Under the United States due to: 104A(e)(1)(A)(iii), the Office's final Uruguay Round Agreements Act for (i) Noncompliance with formalities regulation included provisions for the Which Notices of Intent To Enforce imposed at any time by United States correction of minor errors or omissions. Restored Copyrights Were Filed in the copyright law, including failure of In response to requests for more detailed Copyright Office renewal, publishing the work without a instructions for correcting all kinds of proper notice, or failure to comply with errors made in filing NIEs, the Office AGENCY: Copyright Office, Library of any manufacturing requirements; (ii) published further instructions in a Congress. lack of subject matter protection in the proposed regulation on July 30, 1997. 62 ACTION: Publication of fifth list of case of sound recordings fixed before FR 40780 (1997). notices of intent to enforce copyrights February 15, 1972; or III. Administrative Processing restored under the Uruguay Round (iii) Lack of national eligibility (e.g., Agreements Act. Pursuant to the URAA, the Office is the work is from a country with which publishing its fifth four-month list SUMMARY: The Copyright Office is the United States did not have copyright identifying restored works for notices of publishing its fifth list of restored relations at the time of the work's intent to enforce a restored copyright copyrights for which it has received and publication); and filed with the Office. 17 U.S.C. processed notices of intent to enforce a (3) Has at least one author (or in the 104A(e)(1)(B). The earlier lists were copyright restored under the Uruguay case of sound recordings, rightholder) published between May 1, 1996, and Round Agreements Act. Publication of who was, at the time the work was April 25, 1997. 61 FR 19372 (May 1, the lists creates a record for the public created, a national or domiciliary of an 1996), 61 FR 46134 (Aug. 30, 1996), 61 to identify copyright owners and works eligible country. If the work was FR 68454 (Dec. 27, 1996), and 62 FR whose copyright has been restored for published, it must have been first 20211 (April 25, 1997). We have which notices of intent to enforce have published in an eligible country and not published only the names of the owners been filed with the Copyright Office. published in the United States within and the titles listed in the NIEs because EFFECTIVE DATE: August 22, 1997. 30 days of first publication. that is all that is required by law. The See 17 U.S.C. 104A(h)(6). A work FOR FURTHER INFORMATION CONTACT: funds needed to include any additional meeting these requirements is protected Marilyn J. Kretsinger, Assistant General information are not available. The NIEs ``for the remainder of the term of Counsel, or Charlotte Douglass, listed herein are those entered into the copyright that the work would have Principal Legal Advisor to the General public records of the Office between otherwise been granted in the United Counsel, Copyright GC/I&R, Post Office April 11, 1997, and August 8, 1997. To States if the work never entered the Box 70400, Southwest Station, allow for processing NIE information, public domain in the United States.'' 17 Washington, D.C. 20024. Telephone: the Office closes the record for U.S.C. 104A(a)(1)(B). (202) 707±8380. Telefax: (202) 707± publication approximately two weeks Although the copyright owner may 8366. before publication. Accordingly, the immediately enforce the restored cutoff date for publication of the sixth SUPPLEMENTARY INFORMATION: copyright against individuals who NIE list on December 19, 1997, will be I. Background infringe his or her rights on or after the on or about December 5. NIEs received effective date of restoration, the in the Office after this cutoff date and The Uruguay Round General copyright owner's right to enforce the on or before December 31, 1997, will be Agreement on Tariffs and Trade and the restored copyright is delayed against published in the seventh NIE list Uruguay Round Agreements Act reliance parties. Typically, a reliance appearing in the Federal Register. For (URAA) (Pub. L. 103±465; 108 Stat. party is one who was already using the works restored to copyright on January 4809 (1994)) provide for the restoration work before December 8, 1994, the date 1, 1996, an NIE must be filed on or of copyright in certain works that were the URAA was enacted. See 17 U.S.C. before December 31, 1997, to be in the public domain in the United 104A(h)(4). Before a copyright owner accepted in the Copyright Office as a States. Under section 104A of title 17 1 can enforce a restored copyright against timely filing. The Copyright Office will of the United States Code as provided a reliance party, the copyright owner not publish title and ownership by the URAA, copyright protection was must file a Notice of Intent (NIE) with information from an NIE received in the restored on January 1, 1996, in certain the Copyright Office or serve an NIE on Office after expiry of the 24-month works by foreign nationals or such a party. period beginning on the date of domiciliaries of World Trade An NIE may be filed in the Copyright restoration of that particular work, as Organization (WTO) or Berne countries Office within two years of the date of reflected by the source country given on that were not protected under the restoration of copyright. Alternatively, the NIE. See 17 U.S.C. 104A(d)(2). an NIE may be served on an individual 1 The URAA's amendment of 17 U.S.C. 104A IV. On-line Availability of NIE Lists replaced section 104A under the North American reliance party at any time during the Free Trade Agreement Implementation Act (Pub. L. term of copyright; however, such Using the information provided 103±182, 107 Stat. 2057, 2115 (1993)). The Uruguay notices are effective only against the herein, one may search the Office's Round Trade Agreements, Texts of Agreements, party served and those who have actual database to obtain additional Implementing Bill, Statement of Administrative Action, and Required Supporting Statements, H.R. knowledge of the notice and its information about a particular NIE. NIEs Doc. No. 316, 103d Cong., 2d Sess. 324 (1994). See contents. NIEs appropriately filed with are located in what is known as the 60 FR 50414 (Sept. 29, 1995). the Copyright Office and published Copyright Office History Documents Federal Register / Vol. 62, No. 163 / Friday, August 22, 1997 / Notice 44843 (COHD) file. This file is available from V. Fifth List of Notices of Intent to El amor es un juego extrano. computer terminals located in the Enforce El amor llego a Jalisco. Copyright Office itself or from terminals Amor perdido. Antenne 2. SEE Pathe & Antenne 2 Amor se dice cantando. located in other parts of the Library of Ardennes. SEE Cogelda and Ardennes El amor y esas cosas. Congress through the Library of Amor, que malo eres. Congress Information System (LOCIS). Ariane and Cogelda Amorcito corazon. Alternative ways to connect through Classe tous risques. Amores de un torero. Los amores de una viuda. Internet are (i) the World Wide Web Ariane and Pathe (WWW), using the Copyright Office El analfabeto. Non coupable Angel o demonio. Home Page at: http://www.loc.gov/ Un angel para los diablillos. copyright; (ii) connect directly to LOCIS Ariane. SEE Cogelda and Ariane Angeles de la muerte. through the telnet address at Ariane. SEE Cogelda, Ariane and Rizzoli Angeles de la noche. locis.loc.gov; or (iii) use the Library of Anillo de compromiso. Arlano. SEE Cogelda and Arlano Congress gopher LC MARVEL at: El anima de Sayula. marvel.loc.gov port 70. LC MARVEL Authors Rights Restoration Corporation, Inc. Anima del ahorcado contra el latigo negro. Los anos verdes. and WWW are available 24 hours a day. 880 super cop. Ante el cadaver de un lider. LOCIS is available 24 hours a day A desnudarse . tocan. Antonieta. Monday through Friday, Eastern Time; A media luz. El apenitas. A paso de cojo. Aprendiedo a vivir. Saturday, until 5 p.m.; and Sunday after A quien le doy la suerte. 2 Aprendiendo a vivir. 11 a.m. Information available online A sablazo limpno. includes: the title or brief description if Aqui estan los Aguilares. A Sadam le Dam. Aqui estan los villaloboa. untitled; an English translation of the A volar, joven. AR±15 comando implacable. Abajo el telon. title; the alternative titles if any; the Arriba los machos (me importa poco). Las abandonadas. name of the copyright owner or owner Asalto en Tijuana. Aborto. El asalto. of one or more exclusive rights, the date Acapulco. Ases del contrabando. of receipt of the NIE in the Copyright Acapulco 12±22. Asesino de la montana (cazador de malditos). Office; the date of publication in the Adios cunado.