LIBRARY of CONGRESS 1996, in Certain Works by Foreign the URAA Was Enacted
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Friday April 17, 1998 Part II Library of Congress Copyright Office 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; Notice federal register 19287 19288 Federal Register / Vol. 63, No. 74 / Friday, April 17, 1998 / Notices LIBRARY OF CONGRESS 1996, in certain works by foreign the URAA was enacted. See 17 U.S.C. nationals or domiciliaries of World 104A(h)(4). Before a copyright owner Copyright Office Trade Organization (WTO) or Berne can enforce a restored copyright against [Docket No. 97±3D] countries that were not protected under a reliance party, the copyright owner the copyright law for the reasons listed must file a Notice of Intent (NIE) with Copyright Restoration of Works in below in (2). Specifically, for restoration the Copyright Office or serve an NIE on Accordance With the Uruguay Round of copyright, a work must be an original such a party. Agreements Act; List Identifying work of authorship that on the date of An NIE may be filed in the Copyright Copyrights Restored Under the restoration: Office within 24 months of the date of Uruguay Round Agreements Act for (1) was not in the public domain in restoration of copyright. Alternatively, Which Notices of Intent To Enforce its source country through expiration of an owner may serve an NIE on an Restored Copyrights Were Filed in the term of protection; individual reliance party at any time Copyright Office (2) was in the public domain in the during the term of copyright; however, United States due to: such notices are effective only against AGENCY: Copyright Office, Library of (i) noncompliance with formalities the party served and those who have Congress. imposed at any time by United States actual knowledge of the notice and its ACTION: Publication of Eighth List of copyright law, including failure of contents. NIEs appropriately filed with Notices of Intent to Enforce Copyrights renewal, publishing the work without a the Copyright Office and published Restored Under the Uruguay Round proper notice, or failure to comply with herein serve as constructive notice to all Agreements Act. any manufacturing requirements; reliance parties. (ii) lack of subject matter protection in SUMMARY: The Copyright Office is the case of sound recordings fixed II. Administrative Processing publishing its eighth list of restored before February 15, 1972; or Pursuant to the URAA, the Office is copyrights for which it has received and (iii) lack of national eligibility (e.g., publishing its eighth list identifying processed Notices of Intent to Enforce a the work is from a country with which restored works for notices of intent to copyright restored under the Uruguay the United States did not have copyright enforce a restored copyright filed with Round Agreements Act. Publication of relations at the time of the work's the Office. 17 U.S.C. 104A(e)(1)(B). The the lists creates a record for the public publication); and earlier lists were published between to identify copyright owners and works (3) has at least one author (or in the May 1, 1996, and January 30, 1998. 61 whose copyright has been restored for case of sound recordings, rightholder) FR 19372 (May 1, 1996), 61 FR 46134 which Notices of Intent to Enforce have who was, at the time the work was (Aug. 30, 1996), 61 FR 68454 (Dec. 27, been filed with the Copyright Office. created, a national or domiciliary of an 1996), 62 FR 20211 (April 25, 1997), 62 Generally, this is the concluding NIE list eligible country. If the work was FR 44842 (Aug. 22, 1997), 62 FR 66766 of titles for copyright owners whose published, it must have been first (Dec. 19, 1997), and 63 FR 5142 (Jan. 30, eligibility to file in the Office expired on published in an eligible country and not 1998). To allow for processing this NIE December 31, 1997. published in the United States within information, the Office closed the record EFFECTIVE DATE: April 17, 1998. 30 days of first publication. See 17 for publication approximately two FOR FURTHER INFORMATION CONTACT: U.S.C. 104A(h)(6). weeks before forwarding this record for A work meeting these requirements is Marilyn J. Kretsinger, Assistant General publication. Accordingly, the NIEs protected ``for the remainder of the term Counsel, or Charlotte Douglass, listed herein are those entered into the of 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 January 21, 1998 and April 3, 1998. States if the work never entered the Box 70400, Southwest Station, NIEs not processed by April 3, 1998, public domain in the United States.'' 17 Washington, D.C. 20024. Telephone: will appear on the next four-month list, U.S.C. 104A(a)(1)(B). to be published on August 14, 1998. (202) 707±8380. Telefax: (202) 707± Under the URAA, copyright in 8366. NIEs for works restored to copyright restored works vests automatically on on January 1, 1996, must have been SUPPLEMENTARY INFORMATION: the date of restoration. 17 U.S.C. postmarked on or before December 31, I. Background 104A(a)(1)(A). That date is January 1, 1997, to be accepted in the Copyright 1996, if the particular nation was Office for publication in the Federal The Uruguay Round General already a member of the World Trade Register. See 17 U.S.C. 104A(d)(2). NIEs Agreement on Tariffs and Trade and the Organization (WTO) or the Berne that were received in the Office too late Uruguay Round Agreements Act Convention. Otherwise, the effective for Federal Register publication will be (URAA) (Public Law No. 103±465; 108 date of restoration is the date of a returned to the remitter unrecorded, and Stat. 4809 (1994)) provide for the particular nation's adherence to the the fee will be refunded. On the other restoration of copyright in certain works WTO or the Berne Convention or the hand, owners of works that are still that were in the public domain in the date when the President issues a within their eligible filing period may United States. Under section 104A of proclamation extending copyright continue to file such notices with the title 17 1 of the United States Code as restoration to that nation. Copyright Office and receive provided by the URAA, copyright Although the copyright owner may constructive notice, and the Office will protection was restored on January 1, immediately enforce the restored continue to publish a list of eligible copyright against individuals who 1 NIEs in the Federal Register. The URAA's amendment of 17 U.S.C. 104A infringe his or her rights on or after the replaced section 104A under the North American III. Correction of Previously Filed NIEs Free Trade Agreement Implementation Act (Public effective date of restoration, the Law No. 103±182, 107 Stat. 2057, 2115 (1993)). The copyright owner's right to enforce the Correction NIEs for major errors Uruguay Round Trade Agreements, Texts of restored copyright is delayed against (essentially, major errors in title and Agreements, Implementing Bill, Statement of Administrative Action, and Required Supporting reliance parties. Typically, a reliance owner information) on any NIE filed Statements, H.R. Doc. No. 316, 103d Cong., 2d Sess. party is one who was already using the must be submitted within the eligibility 324 (1994). See 60 FR 50414 (Sept. 29, 1995). work before December 8, 1994, the date period. 37 CFR 201.34 (d)(6)(i). Minor Federal Register / Vol. 63, No. 74 / Friday, April 17, 1998 / Notices 19289 errors may be corrected at any time (URAA), Pub. L. No. 103±465, 108 Stat. of the work; the term of protection for without regard to eligibility for filing, 4809 (1994). That provision excludes pre-1923 published works will have pursuant to the interim regulation on from copyright restoration under the expired. Another variable is the extent Correction NIEs, published at 62 FR URAA ``[a]ny work in which the of compliance with formalities under 55736 (Oct. 28, 1997). copyright was ever owned or prior U.S. law. While some copyrights administered by the Alien Property were renewed by the Alien Property IV. On-Line Availability of NIE Lists Custodian and in which the restored Custodian, some of the works may have Using the information provided copyright would be owned by a fallen into the public domain for herein, one may search the Office's government or instrumentality thereof.'' reasons including failure to renew or database to obtain additional 17 U.S.C. 104A(a)(1)(B)(2). The other lack of compliance with information about a particular NIE. NIEs legislative history of the URAA is silent formalities. These works that did fall are located in what is known as the on the application and scope of this into the public domain due to lack of Copyright Office History Documents exception. See Statement of compliance with formalities may have (COHD) file, which is available from Administrative Action, H. Doc. No. 103± been restored to copyright by the computer terminals located in the 316 (1994). The purpose of this notice restoration provisions of the URAA, Copyright Office itself or from terminals is to provide background information to described below. Assuming that such located in other parts of the Library of guide those seeking to determine works were otherwise eligible, whether Congress through the Library of whether or not the exception applies to they were restored turns on whether Congress Information System (LOCIS).