Supplementary Copyright Statutes, US Copy. Office

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Title: Supplementary Copyright Statutes, US Copy. Office
Author: Library of Congress. Copyright Office
Language: English
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*** Start of this LibraryBlog Digital Book "Supplementary Copyright Statutes, US Copy. Office" ***

Supplemental Copyright Information

As Published by The United States Copyright Office (USCO)

published by the United States Copyright Office. Each item is
separated by a page break and a string of 5 asterisks (*****).

a. Circular 3: Copyright Notice
b. Circular 15: Renewal of Copyright
c. Circular 15t: Extension of Copyright Terms
d. Circular 22: Highlights of Copyright Amendments
Contained in the Uruguay Round Agreements Act (URAA)
e. WIPO Copyright Treaty

*****

United States Copyright Office

Circular 3

========================================================================

INTRODUCTION

The use of a copyright notice is no longer required under U.S. law,
although it is often beneficial. Because prior law did contain such a
requirement, however, the use of notice is still relevant to the
copyright status of older works.

This circular discusses both the copyright notice provisions as
originally enacted in the 1976 Copyright Act (title 17, U.S. Code),
which took effect January 1, 1978, and the effect of the 1988 Berne
Convention Implementation Act, which amended the copyright law to make
the use of a copyright notice optional on copies of *works published on
and after March 1, 1989*. Specifications for the proper form and
placement of the notice are described in this circular.

Works published before January 1, 1978, are governed by the previous
copyright law. Under that law, if a work was published under the
copyright owner's authority without a proper notice of copyright, all
copyright protection for that work was permanently lost in the United
States.

The Uruguay Round Agreements Act of 1994 (URAA) (PL 103-465) modified
the effect of publication without notice for certain foreign works.
Under this Act, copyright is automatically restored, effective January
1, 1996, for certain foreign works placed into the public domain because
of lack of proper notice or noncompliance with other legal requirements.
Although restoration is automatic, if the copyright owner wishes to
enforce rights against reliance parties (those who, relying on the
public domain status of a work, were already using the work before the
URAA was enacted), he/she must either file with the Copyright Office a
Notice of Intent to Enforce the restored copyright or serve such a
notice on the reliance party.

For more information about the copyright notice under the law in effect
before January 1, 1978, request Circular 96 Section 202.2, "Copyright
Notice", from the Copyright Office. For more information about
restoration of copyright under the URAA, request Circular 38b,
"Highlights of Copyright Amendments Contained in the Uruguay Round
Agreements Act (URAA)."

---------------------------
USE OF THE COPYRIGHT NOTICE
---------------------------

Copyright is a form of protection provided by the laws of the United
States to authors of "original works of authorship." When a work is
published under the authority of the copyright owner (see definition of
"publication" below), a notice of copyright may be placed on all
publicly distributed copies or phonorecords. The use of the notice is
the responsibility of the copyright owner and does not require
permission from, or registration with, the Copyright Office.

Use of the notice may be important because it informs the public that
the work is protected by copyright, identifies the copyright owner, and
shows the year of first publication. Furthermore, in the event that a
work is infringed, if the work carries a proper notice, the court will
not *give any weight to a defendant's interposition of an innocent
infringement defense*--that is, that he or she did not realize that the
work was protected. An innocent infringement defense may result in a
reduction in damages that the copyright owner would otherwise receive.

For works first published on and after March 1, 1989, use of the
copyright notice is optional. Before March 1, 1989, the use of the
notice was mandatory on all published works. Omitting the notice on any
work first published before that date could result in the loss of
copyright protection if corrective steps are not taken within a certain
amount of time. The curative steps are described in this circular under
"Omission of Notice and Errors in Notice."

The Copyright Office does not take a position on whether reprints of
works first published with notice before March 1, 1989, which are
distributed on or after March 1, 1989, must bear the copyright notice.

WHAT IS PUBLICATION?

The 1976 Copyright Act defines publication as "the distribution of
copies or phonorecords of a work to the public by sale or other transfer
of ownership, or by rental, lease, or lending." An offering to
distribute copies or phonorecords to a group of persons for purposes of
further distribution, public performance, or public display also
constitutes publication. The following do not constitute publication:
printing or other reproduction of copies, performing or displaying a
work publicly, or sending copies to the Copyright Office.

The copyright notice has never been required on unpublished works.
However, because the dividing line between a preliminary distribution
and actual publication is sometimes difficult to determine, the
copyright owner may wish to place a copyright notice on copies or
phonorecords that leave his or her control to indicate that rights are
claimed.

An appropriate notice for an unpublished work might be: Unpublished work
(C in a circle symbol) 1998 John Doe.

------------------------------------------------------------------------
FORM OF NOTICE
--------------

The form of the copyright notice used for "visually perceptible"
copies--that is, those that can be seen or read, either directly (such
as books) or with the aid of a machine (such as films)--is different
from the form used for phonorecords of sound recordings (such as compact
disks or cassettes).

VISUALLY PERCEPTIBLE COPIES

The notice for visually perceptible copies should contain three
elements. They should appear together or in close proximity on the
copies. The elements are:

1. *The symbol* (the letter C in a circle), or the word "Copyright", or
the abbreviation "Copr."; and

2. *The year of first publication.* If the work is a derivative work or
a compilation incorporating previously published material, the year
date of first publication of the derivative work or compilation is
sufficient. Examples of derivative works are translations or
dramatizations; an example of a compilation is an anthology. The year
may be omitted when a pictorial, graphic, or sculptural work, with
accompanying textual matter, if any, is reproduced in or on greeting
cards, postcards, stationery, jewelry, dolls, toys, or useful
articles; and

3. *The name of the owner of copyright in the work*, or an abbreviation
by which the name can be recognized, or a generally known alternative
designation of the owner.

Example: (C in a circle symbol) 1999 Jane Doe

The "C in a circle" notice is used only on "visually perceptible"
copies. Certain kinds of works, for example, musical, dramatic, and
literary works, may be fixed not in "copies" but by means of sound in an
audio recording. Since audio recordings such as audio tapes and
phonograph disks are "phonorecords" and not "copies", the "C in a
circle" notice is not used to indicate protection of the underlying
musical, dramatic, or literary work that is recorded.

*The United States is a member of the Universal Copyright Convention
(the UCC), which came into force on September 16, 1955. To guarantee
protection for a copyrighted work in all UCC member countries, the
notice must consist of the symbol (C in a circle symbol)(the word
"Copyright" or the abbreviation are not acceptable), the year of
first publication, and the name of the copyright proprietor.
Example: (C in a circle symbol) 1999 John Doe. For information about
international copyright relationships, request Circular 38a,
"International Copyright Relations of the United States."

PHONORECORDS OF SOUND RECORDINGS

The copyright notice for phonorecords embodying a sound recording is
different from that for other works. Sound recordings are defined as
"works that result from the fixation of a series of musical, spoken or
other sounds, but not including the sounds accompanying a motion picture
or other audiovisual work." Copyright in a sound recording protects the
particular series of sounds fixed in the recording against unauthorized
reproduction, revision, and distribution. This copyright is distinct
from copyright of the musical, literary, or dramatic work that may be
recorded on the phonorecord.

Phonorecords may be records (such as LPs and 45s), audio tapes,
cassettes, or disks. The notice should contain the following three
elements appearing together on the phonorecord:

1. *The symbol* (the letter P in a circle); and

2. *The year of first publication* of the sound recording; and

3. *The name of the owner of copyright* in the sound recording, or an
abbreviation by which the name can be recognized, or a generally
known alternative designation of the owner. If the producer of the
sound recording is named on the phonorecord label or container and if
no other name appears in conjunction with the notice, the producer's
name shall be considered a part of the notice. Example: (P in a
circle symbol) 1999 X.Y.Z. Records, Inc.

------------------------------------------------------------------------
CONTRIBUTIONS TO COLLECTIVE WORKS

A "collective work" is one in which a number of contributions that are
separate and independent works in themselves are assembled into a
collective whole. Examples of collective works include periodicals (such
as magazines and journals), encyclopedias, and anthologies.

A single copyright notice applicable to the collective work as a whole
serves to indicate protection for all the contributions in the
collective work, except for advertisements, regardless of the ownership
of copyright in the individual contributions and whether they have been
published previously.

However, a separate contribution to a collective work may bear its own
notice of copyright, and in some cases, it may be advantageous to
utilize the separate notice. As a practical matter, a separate notice
will inform the public of the identity of the owner of the contribution.
For works first published before March 1, 1989, there may be additional
reasons to use a separate notice. If the owner of the collective work is
not the same as the owner of an individual contribution that does not
bear its own notice, the contribution is considered to bear an erroneous
notice. (For the effects of a notice with the wrong name, see "Error in
Name" on page 5 of this circular.) Additionally, if an individual author
of contributions to a periodical wishes to make a single registration
for a group of contributions published within a 12-month period, each
contribution must carry its own notice. For information on this type of
registration, request Form GR/CP and Information Package 104.

A notice for the collective work will not serve as the notice for
advertisements inserted on behalf of persons other than the copyright
owner of the collective work. These advertisements should each bear a
separate notice in the name of the copyright owner of the advertisement.

------------------------------------------------
PUBLICATIONS INCORPORATING U.S. GOVERNMENT WORKS

Works by the U.S. Government are not eligible for copyright protection.
For works published on and after March 1, 1989, the previous notice
requirement for works consisting primarily of one or more U.S.
Government works has been eliminated. However, use of a notice on such a
work will defeat a claim of innocent infringement as previously
described *provided* the notice also includes a statement that
identifies either those portions of the work in which copyright is
claimed or those portions that constitute U.S. Government material. An
example is: "(C in a circle symbol) 1998 Ann Doe. Copyright claimed in
Chapters 7-10, exclusive of U.S. Government maps."

Copies of works published before March 1, 1989, that consist primarily
of one or more works of the U.S. Government should have a notice and the
identifying statement.

------------------------------------------------------------------------
POSITION OF NOTICE

The copyright notice should be placed on copies or phonorecords in such
a way that it gives reasonable notice of the claim of copyright. The
notice should be permanently legible to an ordinary user of the work
under normal conditions of use and should not be concealed from view
upon reasonable examination. The Copyright Office has issued
regulations, summarized below, concerning the position of the notice and
methods of affixation (37 C.F.R., Part 201). To read the complete
regulations, request Circular 96 Section 201.20, "Methods of Affixation
and Positions of the Copyright Notice on Various Types of Works," or
consult the Code of Federal Regulations in your local library.

The following locations and methods of affixation are examples of
appropriate position of notice. These examples are not exhaustive.

Works Published in Book Form
+ Title page
+ Page immediately following the title page
+ Either side of the front or back cover
+ First or last page of the main body of the work *Single-leaf Works*
+ Front or back

Works Published as Periodicals or Other Serials
+ Any location acceptable for books
+ As part of, or adjacent to, the masthead or on the page containing
the masthead
+ Adjacent to a prominent heading, appearing at or near the front of
the issue, containing the title of the periodical and any
combination of the volume and issue number and date of the issue

Works Published as Separate Contributions to Collective Works

For a separate contribution reproduced on only one page:
+ Under the title or elsewhere on the same page For a separate
contribution reproduced on more than one page:
+ Under a title appearing at or near the beginning of the contribution
+ On the first page of the main body of the contribution
+ Immediately following the end of the contribution
+ On any of the pages where the contribution appears if the
contribution consists of no more than 20 pages, the notice is
reproduced prominently, and the application of the notice to the
particular contribution is clear

Works Reproduced in Machine-Readable Copies
+ With or near the title or at the end of the work, on visually
perceptible printouts
+ At the user's terminal at sign-on
+ On continuous display on the terminal l Reproduced durably on a
gummed or other label securely affixed to the copies or to a
container used as a permanent receptacle for the copies

Motion Pictures and Other Audiovisual Works

A notice embodied in the copies by a photomechanical or electronic
process so that it ordinarily would appear whenever the work is
performed in its entirety may be located:
+ With or near the title
+ With the cast, credits, and similar information
+ At or immediately following the beginning of the work
+ At or immediately preceding the end of the work The notice on works
lasting 60 seconds or less, such as untitled motion pictures or
other audiovisual works, may be located:
+ In all the locations specified above for longer motion pictures; and
+ If the notice is embodied electronically or photo-mechanically, on
the leader of the film or tape immediately preceding the work. For
audiovisual works or motion pictures distributed to the public for
private use, the locations include the above, and in addition:
+ On the permanent housing or container

Pictorial, Graphic, and Sculptural Works

For works embodied in two-dimensional copies, a notice may be affixed
directly, durably, and permanently to:
+ The front or back of the copies;
+ Any backing, mounting, framing, or other material to which the
copies are durably attached, so as to withstand normal use. For
works reproduced in three-dimensional copies, a notice may be
affixed directly, durably, and permanently to:
+ Any visible portion of the work;
+ Any base, mounting, or framing or other material on which the copies
are durably attached.

For works on which it is impractical to affix a notice to the copies
directly or by means of a durable label, a notice is acceptable if it
appears on a tag or durable label attached to the copy so that it will
remain with it as it passes through commerce.

For works reproduced in copies consisting of sheet-like or strip
material bearing multiple or continuous reproductions of the work, such
as fabrics or wallpaper, the notice may be applied:
+ To the reproduction itself;
+ To the margin, selvage, or reverse side of the material at frequent
and regular intervals; or
+ If the material contains neither a selvage nor reverse side, to tags
or labels attached to the copies and to any spools, reels, or
containers housing them in such a way that the notice is visible in
commerce.

------------------------------------------------------------------------
OMISSION OF NOTICE AND ERRORS IN NOTICE
---------------------------------------

The 1976 Copyright Act attempted to ameliorate the strict consequences
of failure to include notice under prior law. It contained provisions
that set out specific corrective steps to cure omissions or errors in
notice. Under these provisions, an applicant had 5 years after
publication to cure omission of notice or certain errors. Although these
provisions are technically still in the law, their impact has been
limited by the Berne amendment making notice optional for all works
published on and after March 1, 1989. There may still be instances, such
as the defense of innocent infringement, where the question of proper
notice may be a factor in assessing damages in infringement actions.

Omission Of Notice

"Omission of notice" is publishing without a notice. In addition, some
errors are considered the same as omission of notice. These are:
+ A notice that does not contain the (the letter C in a circle
symbol), or the word "Copyright" or the abbreviation "Copr." or, if
the work is a sound recording, the symbol P (the letter P in a
circle);
+ A notice dated more than 1 year later than the date of first
publication;
+ A notice without a name or date that could reasonably be considered
part of the notice;
+ A notice that lacks the statement required for works consisting
preponderantly of U.S. Government material; and
+ A notice located so that it does not give reasonable notice of the
claim of copyright.

The omission of notice does not affect the copyright protection, and no
corrective steps are required if the work was published on or after
March 1, 1989. For works published between January 1, 1978, but before
March 1, 1989, no corrective steps are required if:

1. The notice is omitted from no more than a relatively small number of
copies or phonorecords distributed to the public; or

2. The omission violated an express written requirement that the
published copies or phonorecords bear the prescribed notice.

In all other cases of omission in works published before March 1, 1989,
to preserve copyright:

1. The work must have been registered before it was published in any
form or before the omission occurred, or it must have been registered
within 5 years after the date of publication without notice; and

2. The copyright owner must have made a reasonable effort to add the
notice to all copies or phonorecords that were distributed to the
public in the United States after the omission was discovered. If
these corrective steps were not taken, the work went into the public
domain in the United States 5 years after publication. At that time
all U.S. copyright protection was lost and cannot be restored.

Error in Year

If the copyright duration depends on the date of first publication and
the year given in the notice is earlier than the actual publication
date, protection may be shortened by beginning the term on the date in
the notice. (For later date in the notice, see "Omission of Notice.")

Example: A work made for hire is created in 1983 and is first published
in 1988. However, the notice contains the earlier year of 1987. In this
case, the term of copyright protection would be measured from the year
in the notice, and the expiration date would be 2082, 95 years from
1987.

Error in Name

When the person named in the notice is not the owner of copyright, the
error may be corrected by:

1. Registering the work in the name of the true owner;

*or*

2. Recording a document in the Copyright Office executed by the person
named in the notice that shows the correct ownership. Otherwise,
anyone who innocently infringes the copyright and can prove that he
or she was misled by the notice and obtained a transfer or license
from the person named in the notice may have a complete defense
against the infringement.

------------------------------------------------------------------------
MANDATORY DEPOSIT

All works under copyright protection and published in the United
States on or after March 1, 1989, are subject to mandatory deposit
whether published with or without a notice.

Works first published *before* March 1, 1989, are subject to mandatory
deposit if they were published in the United States with notice of
copyright. In general, within 3 months of publication in the United
States, the owner of copyright or of the exclusive right of publication
must deposit two copies (or, in the case of sound recordings, two
phonorecords) of the work in the Copyright Office for the use or
disposition of the Library of Congress.

The Copyright Office has issued regulations exempting certain categories
of works entirely from the mandatory de-posit requirements and reducing
the obligation for other categories. If copyright registration is
sought, the same deposit may be used for the mandatory deposit and for
registration. For further information about mandatory deposit, request
Circular 7d, "Mandatory Deposit of Copies or Phonorecords for the
Library of Congress."

------------------------------------------------------------------------
FOR MORE INFORMATION

Information via the Internet:
Frequently requested circulars, announcements, regulations, other
related materials, and all copyright application forms are available via
the Internet. You may access these via the Copyright Office homepage at
[http://www.loc.gov/copyright].

Information by Fax:
Circulars and other information (but not application forms) are
available from Fax-on-Demand at (202) 707-2600.

Information by telephone:
For information about copyright, call the Public Information Office at
(202) 707-3000. The TTY number is (202) 707-6737. Information
specialists are on duty in the Public Information Office from 8:30 a.m.
to 5:00 p.m. eastern time, Monday through Friday, except federal
holidays. Recorded information is available 24 hours a day. Or, if you
know which application forms and circulars you want, request them from
the Forms and Publications Hotline at (202) 707-9100 24 hours a day.
Leave a recorded message.

Information by regular mail:
Write to:

Library of Congress
Copyright Office
Public Information Office
101 Independence Avenue,
S.E. Washington, D.C. 20559-6000

--------------------------------------------------------------------------

REV: June 1999

Format Note:
This electronic version has been altered slightly from the original
printed text for presentation on the World Wide Web. For a copy of the
original circular, consult the pdf version or write to Copyright Office,
101 Independence Avenue S.E., Washington, D.C. 20559-6000.

--------------------------------------------------------------------------
04/04/2000

*****

United States Copyright Office

Circular 15

Renewal of Copyright

========================================================================

-------------------------------------------------------------------------
IMPORTANT:

+ Public Law 102-307, enacted on June 26, 1992, amended the copyright law
to make renewal automatic and renewal registration optional for works
originally copyrighted between January 1, 1964, and December 31, 1977.

+ While this amendment to the current law makes renewal registration
optional for works copyrighted between January 1, 1964, and December
31, 1977, there are a number of incentives that encourage the filing of
a renewal application, especially during the 28th year of the copyright
term.

+ Public Law 105-298, enacted on October 27, 1998, amended the copyright
law to add 20 years to the copyright term.
-------------------------------------------------------------------------

------------------
THE RENEWAL SYSTEM
------------------

Under the 1909 copyright law, works copyrighted in the United States
before January 1, 1978, were subject to a renewal system in which the
term of copyright was divided into two consecutive terms. Renewal
registration, within strict time limits, was required as a condition of
securing the second term and extending the copyright to its maximum
length.

On January 1, 1978, the current copyright law (title 17 of the United
States Code) came into effect in the United States. This law retained the
renewal system for works that were copyrighted before 1978 and were still
in their first terms on January 1, 1978. For these works the statute
provides for a first term of copyright protection lasting for 28 years,
with the possibility for a second term of 47 years. The 1992 amending
legislation automatically secures this second term for works copyrighted
between January 1, 1964, and December 31, 1977.

+ If a copyright originally secured before January 1, 1964, was not
renewed at the proper time, copyright protection expired at the end of
the 28th calendar year of the copyright and could not be restored.

----------------------------------------------------------------------
THE EFFECT OF THE 1992 AND THE 1998 AMENDMENTS ON RENEWAL OF COPYRIGHT
----------------------------------------------------------------------

+ WORKS COPYRIGHTED BETWEEN JANUARY 1, 1964, AND DECEMBER 31, 1977, are
affected by P.L. 102-307, which automatically secured the second term
and made renewal registration optional, and by Public Law 105-298,
which added an additional 20 years to the second term of copyright for
these works. The term of copyright in works copyrighted between January
1, 1964, and December 31, 1977, is now 95 years. There is no
requirement to register a renewal in order to extend the original 28-
year copyright term to the full term of 95 years. Although the renewal
term is secured automatically, the Copyright Office does not issue a
renewal certificate for these works unless a renewal application and
fee are received and registered in the Copyright Office.

The benefits to making a renewal registration during the 28th year of the
original term of copyright are:

1. The renewal copyright vests in the name of the renewal claimant on the
effective date of the renewal registration.

For example, if a renewal registration is made in the 28th year and the
renewal claimant dies following the renewal registration but before the
end of the year, the renewal copyright is secured on behalf of that
renewal claimant and the 67 years of renewal copyright become a part of
that individual's estate.

NOTE: If the renewal registration is not made in the 28th year, the
renewal copyright will vest on the first day of the renewal term in the
party entitled to claim renewal as of December 31 of the 28th year.

2. The Copyright Office issues a renewal certificate, which constitutes
prima facie evidence as to the validity of the copyright during the
renewed and extended term and of the facts stated in the certificate.

3. The right to use the derivative work in the extended term may be
affected.

For example, if an author dies before the 28th year of the original term
and a statutory renewal claimant registers a renewal within the 28th
year, that claimant can terminate an assignment made by the deceased
author authorizing the exploitation of a derivative work. If a renewal is
not made during the 28th year, a derivative work created during the first
term of copyright under a prior grant can continue to be used according
to the terms of the grant. Thus, an author or other renewal claimant
loses the right to object to the continued use of the derivative work
during the second term by failing to make a timely renewal, but any terms
in the prior grant concerning payment or use, e.g., a royalty, must
continue to be honored. This exception does not apply to a new derivative
work, which can only be prepared with the consent of the author or other
renewal claimant.

A renewal registration made after the 28th year will not confer the
benefits mentioned above but will confer other benefits denied to
unregistered works. For example, renewal registration establishes a
public record of copyright ownership in a work at the time that the
renewal was registered. The courts have discretion to determine the
evidentiary weight accorded a certificate of renewal registration when
registration is made after the 28th year of the copyright term. Renewal
registration is a prerequisite to statutory damages and attorney's fees
for published works not registered for the original term.

In cases where no original registration or renewal registration is made
before the expiration of the 28th year, important benefits can still be
secured by filing a renewal registration at any time during the renewal
term. These benefits would include, for example, statutory damages and
attorney's fees in any infringement suit for infringements occurring
after the renewal registration is made. Also, it is a requirement to get
into court in certain circumstances under section 411 (a), and it creates
a public record both to defend against innocent infringers and to
facilitate easier licensing of the work.

---------------------
RENEWAL FILING PERIOD
---------------------

For works copyrighted between January 1, 1964, and December 31,1977, an
application for renewal of copyright can be made:

+ within the last (28th) calendar year of the original term of copyright
or
+ at any time during the renewed and extended term of 67 years.

To determine the filing period for renewal during the original term:

1. First, determine the date of original copyright for the work. (In the
case of works originally registered in unpublished form, copyright began
on the date of registration; for published works, copyright began on the
date of first publication with copyright notice.)

2. Then add 28 years to the year the work was originally copyrighted.

This will determine the calendar year during which the copyright becomes
eligible for renewal with a renewal filing during the original term due
by December 31 of that year. An exception to this rule exists when the
copyright notice in the work contains a year date earlier than the year
date of first publication. In this case, the renewal filing period is
computed from the year date in the copyright notice. For example, a work
published January 20, 1975, contains a copyright notice reading
"Copyright 1974 by Anderson Homes." Compute the 28-year original term
from the year 1974.

To renew a copyright during the original copyright term, the renewal
application and fee must be received in the Copyright Office during the
28th year of the original term of copyright. All terms of original
copyright run through the end of the 28th calendar year making the period
for renewal registration in the original term from December 31 of the
27th year of the copyright through December 31 of the following year.

Note: The Copyright Office does not notify authors or claimants when the
copyrights in their works become eligible for renewal.

=====================
WHO MAY CLAIM RENEWAL
=====================

Renewal copyright may be claimed only by those persons specified in the
law.

A. The following persons may claim renewal in all types of works except
those enumerated in Paragraph B below:

1. The author, if living, may claim as the author.

2. If the author is dead, the widow or widower of the author, or the
child or children of the author, or both, may claim as the widow of the
author or the widower of the author and/or the child of the deceased
author or the children of the deceased author.

3. If there is no surviving widow, widower, or child, and the author left
a will, the author's executors may claim as the executors of the author.

4. If there is no surviving widow, widower, or child, and the author left
no will or the will has been discharged, the next of kin may claim as the
next of kin of the deceased author, there being no will.

B. Only in the case of the following four types of works may the
copyright proprietor (owner) claim renewal:

1. Posthumous work (a work published after the author's death as to which
no copyright assignment or other contract for exploitation has occurred
during the deceased author's lifetime). Renewal may be claimed as
proprietor of copyright in a posthumous work.

2. Periodical, cyclopedic, or other composite work. Renewal may be
claimed as proprietor of copyright in a composite work.

3. Work copyrighted by a corporate body otherwise than as assignee or
licensee of the individual author. Renewal may be claimed as proprietor
of copyright in a work copyrighted by a corporate body otherwise than as
assignee or licensee of the individual author. (This type of claim is
considered appropriate in relatively few cases.)

4. Work copyrighted by an employer for whom such work was made for hire.
Renewal may be claimed as proprietor of copyright in a work made for
hire.

For registration in the 28th year of the original copyright term, the
renewal claimant is the individual(s) or entity who is entitled to claim
renewal copyright on the date the application is filed.

For registration after the 28th year of the original copyright term, the
renewal claimant is the individual(s) or entity who is entitled to claim
renewal copyright on December 31 of the 28th year.

===============================
HOW TO REGISTER A RENEWAL CLAIM
===============================

APPLICATION FORM

Application for renewal registration must be filed on Form RE, which is
supplied by the Copyright Office on request. It is also available from
the Copyright Office Website at http://www.loc.gov/copyright.

RENEWAL FEE

The filing fee for a renewal application is $45*. If several applications
are submitted at the same time, a remittance for the total amount should
accompany them.

-------------------------------------------------------------------------
*NOTE: Fees are effective through June 30, 2002. After that date, check
the Copyright Office Website at http://www.loc.gov/copyright or call
(202) 707-3000 for current fee information.
-------------------------------------------------------------------------

All remittances should be in the form of drafts (that is, checks, money
orders, or bank drafts) payable to: Register of Copyrights. Do not send
cash. The Copyright Office cannot assume any responsibility for the loss
of currency sent in payment of copyright fees.

Drafts must be redeemable without service or exchange fee through a U.S.
institution, must be payable in U.S. dollars, and must be imprinted with
American Banking Association routing numbers.

If a check received in payment of the filing fee is returned to the
Copyright Office as uncollectible, the Copyright Office will cancel the
registration and will notify the applicant. The fee for processing a
renewal claim is nonrefundable, whether or not renewal registration is
ultimately made.

ORIGINAL AND RENEWAL REGISTRATION DURING THE 28TH YEAR

An original registration can be made only during the first 28-year term
of copyright protection. However, it is possible to make both an original
registration and a renewal registration during the 28th year of the
copyright term. This requires filing the appropriate basic application
form, accompanied by deposit copies and a $30* filing fee, and a Form RE
and a $45* filing fee.

RENEWAL REGISTRATION WITHOUT ORIGINAL REGISTRATION

A renewal registration may be made without making an original
registration during the 28th year of the original term. A renewal
application Form RE must be filed, accompanied by the Form RE Addendum, a
copy of the work as first published or appropriate identifying material
in accordance with the requirements of 37 CFR 202.20 and 202.21, and the
filing fee. (Request Circular 96 202.17 for further information.)

The information in the Form RE Addendum is necessary to establish that
copyright subsists in the original term which is capable of renewal. The
deposit copy facilitates the examination of the claim to copyright which
is submitted for renewal, and it is available for accession by the
Library of Congress to its collections for the benefit of the nation.

A single $60* fee will be required for a renewal registration using Form
RE and Form RE Addendum. Please contact the Renewals Section in the
Copyright Office for more information. Phone the Renewals Section at
(202) 707-8180 or fax at (202) 707-3849 or write to the Copyright Office
at:

Library of Congress
Copyright Office
Renewals Section, LM-449
101 Independence Avenue, S.E.
Washington, D.C. 20559-6000

============
NEW VERSIONS
============

Copyright in a new version of a previously copyrighted work (such as an
arrangement, translation, dramatization, compilation, or work republished
with new matter) covers only the additions, changes, or other new
material appearing for the first time in that version. The copyright
secured in a new version is independent of any copyright protection in
material published or copyrighted earlier, and the only "authors" of a
new version are those who contributed copyrightable matter to it. Thus,
for renewal purposes, the person who wrote the original version upon
which the new work is based cannot be regarded as an "author" of the new
version, unless that person also contributed to the new matter.

=====================================================
CONTRIBUTIONS TO PERIODICALS OR OTHER COMPOSITE WORKS
=====================================================

SEPARATE RENEWAL FOR A SINGLE CONTRIBUTION

Separate renewal registration is possible for a work published as a
contribution to a periodical, serial, or other composite work whether or
not the contribution was copyrighted independently or as part of the
larger work in which it appeared. Except in the cases described in the
next paragraph, each contribution published in a separate issue requires
a separate renewal registration.

RENEWAL FOR A GROUP OF CONTRIBUTIONS

+ Requirements for Group Renewal: A renewal registration using a single
application and $45*, plus $15* for each addendum, (if required) fee
can be made for a group of periodical contributions if all the
following five statutory conditions are met:

1. All the works were written by the same author, who is or was an
individual (not an employee for hire);

2. All of the works were first published as contributions to periodicals
(including newspapers) and were copyrighted on their first publication;

3. The renewal claimant or claimants and the basis of the claim or claims
are the same for all the works;

4. The renewal application and fee are received not less than 27 years
after the 31st day of December of the calendar year in which all the
works were first published; and

5. The renewal application identifies each work separately, including the
periodical containing it and the date of first publication.

+ TIME LIMITS FOR GROUP RENEWALS: To be renewed as a group, all the
contributions must have been first published during the same calendar
year. For example, suppose six contributions by the same author were
published on April 1, 1971; July 1, 1971; November 1, 1971; February 1,
1972; July 1, 1972; and March 1, 1973. The three 1971 copyrights can be
combined and renewed on the same Form RE at any time during 1999; the
two 1972 copyrights can be renewed as a group during 2000; but the 1973
copyright must be renewed by itself in 2001.

==============================
NOTICE OF RENEWAL OF COPYRIGHT
==============================

The Copyright Office is frequently asked whether the notice of copyright
should be changed on copies of a work issued during the renewal term. The
copyright law is silent on this point, and the continued use of the
original form of notice may therefore be considered appropriate. However,
a notice that also refers to the fact of renewal might be regarded as
more informative and, hence, preferable; for example:

==============================
EFFECTIVE DATE OF REGISTRATION
==============================

A renewal registration is effective on the date the Copyright Office
receives all the required renewal elements in acceptable form, regardless
of how long it then takes to process the application and mail the
certificate of registration. The time the Copyright Office requires to
process an application varies, depending on the amount of material the
Office is receiving. Please keep in mind that it may take a number of
days for mailed material to reach the Copyright Office and for the
certificate of registration to reach the recipient after being mailed by
the Copyright Office.

If you file an application for renewal registration in the Copyright
Office, you will not receive an acknowledgment that your application has
been received, but you can expect:

+ A letter or telephone call from a copyright examiner or other staff
member if further information is needed;

+ A certificate of registration to indicate the renewal has been
registered;

+ If renewal registration cannot be made, a letter explaining why it has
been refused.

If you want to know when the Copyright Office receives your material,
send it by registered or certified mail and request a return receipt from
the U.S. Postal Service. Allow at least 4-6 weeks for the return of your
receipt.

If you need additional application forms for renewal registration, call
(202) 707-9100 anytime, day or night, to record your request on the
Copyright Office Forms and Publications Hotline. Please specify the
number of forms you need.

You may photocopy blank application forms; however, photocopied forms
submitted to the Copyright Office must be clear and legible on a good
grade of 8-1/2 inch by 11 inch white paper suitable for automatic feeding
through a photocopier. The forms should be printed, preferably in black
ink, head-to-head (so that when you turn the sheet over, the top of page
2 is directly behind the top of page 1). FORMS NOT MEETING THESE
REQUIREMENTS WILL BE RETURNED TO THE ORIGINATOR.

If, after reading this circular, you have additional questions about
renewal of copyright, you may call the Renewals Section of the Examining
Division at (202) 707-8180 or fax at (202) 707-3849 or write to the
Copyright Office at this address:

Library of Congress
Copyright Office
Renewals Section, LM-449
101 Independence Avenue, S.E.
Washington, D.C. 20559-6000

=======================
FOR FURTHER INFORMATION
=======================

INFORMATION VIA THE INTERNET: Frequently requested circulars,
announcements, regulations, other related materials, and all copyright
application forms are available via the Internet. You may access these
via the Copyright Office homepage at http://www.loc.gov/copyright.

INFORMATION BY FAX: Circulars and other information (but not application
forms) are available by Fax-on-Demand at (202)707-2600.

INFORMATION BY TELEPHONE: For general information about copyright, call
the Copyright Public Information Office at (202)707-3000. The TTY number
is (202)707-6737. Information specialists are on duty from 8:30 a.m. to
5:00 p.m., eastern time, Monday through Friday, except federal holidays.
Recorded information is available 24 hours a day. Or, if you know which
application forms and circulars you want, request them from the Forms and
Publications Hotline at (202)707-9100 24 hours a day. Leave a recorded
message.

Information by regular mail:
Write to:
Library of Congress
Copyright Office
Publications Section, LM-455
101 Independence Avenue, S.E.
Washington, D.C. 20559-6000

----------------------------------------------
Library of Congress
Copyright Office
101 Independence Avenue, S.E.
Washington, D.C. 20559-6000

http://www.loc.gov/copyright

REV: June 1999 -- 15,000
WEB REV: June 1999
U.S. GOVERNMENT PRINTING OFFICE: 1999-454-879/4

*****

United States Copyright Office

Circular 15t

Extension of Copyright Terms

========================================================================

========================
PURPOSE OF THIS CIRCULAR
========================

This circular will inform you of the provisions in the copyright statute
affecting the duration of subsisting copyrights and give you some
information with examples illustrating what these provisions mean. For
works copyrighted for the first time on or after January 1, 1978, the
statutory provisions governing the duration of protection are quite
different and are not included in this circular. For general information
about duration of copyright under the current law, request Circular 15a,
"Duration of Copyright."

=============================================================
EFFECT OF 1976 COPYRIGHT LAW WITH AMENDMENTS OF 1992 AND 1998
=============================================================

The Copyright Act of October 1976 (Public Law 94-553, 90 Stat. 2541,
amending title 17 of the United States Code), effective January 1, 1978,
has been amended to extend the term of copyright on two subsequent
occasions with the passage of the Copyright Amendments Act of 1992
(Public Law 102-307, 10 6 Stat. 266, amending section 304 of title 17 of
the United States Code), and the Sonny Bono Copyright Term Extension Act
of 1998 (Public Law 105-298, 112 Stat. 2827, amending chapter 3 of title
17 of the United States Code).

Public Law 102-307, enacted on June 26, 1992, amended the copyright law
to make renewal automatic and renewal registration optional for works
originally copyrighted between January 1, 1964, and December 31, 1977.

Public Law 105-298, enacted on October 27, 1998, added an additional 20
years to the overall term of copyright protection.

--2--

+ COPYRIGHTS ALREADY IN THEIR SECOND TERM ON JANYARY 1, 1978: The
duration of the copyright term has automatically been prolonged to
last for a total of 95 years. No further renewal registration is
necessary.

+ COPYRIGHTS IN THEIR FIRST TERM ON JANUARY 1, 1978: Renewal registration
was still necessary to obtain the second term for works copyrighted
between January 1, 1950, and December 31, 1963. Renewal registration is
optional for works copyrighted between January 1, 1964, and December
31, 1977. In both cases, the renewal copyright is longer than the term
in effect before 1978. The renewal term extends the copyright for a
full term of 95 years.

================================================================
COPYRIGHTS IN THEIR SECOND TERM: AUTOMATIC EXTENSION OF DURATION
================================================================

RENEWED COPYRIGHTS AUTOMATICALLY EXTENDED TO MAXIMUM OF 95 YEARS

Under the statute, copyrights that had already been renewed and were in
their second term at any time between December 31, 1976, and December 31,
1977, inclusive, were automatically extended in duration. The total
length of these copyrights is now 95 years from the end of the year in
which they were originally secured.

EXAMPLE: A work that was first copyrighted on April 10, 1923, and
renewed between April 10, 1950, and April 10, 1951, would formerly have
fallen into the public domain after April 10, 1979. The current law
extends this copyright through the end of 2018.

These second-term copyrights cannot be renewed again. Under the law,
their extension to the maximum 95-year term is automatic and requires no
action in the Copyright Office.

A SPECIAL SITUATION:
COPYRIGHTS REGISTERED FOR RENEWAL BETWEEN DECEMBER 31, 1976, AND
DECEMBER 31, 1977

The automatic extension also applied to copyrights that were the subject
of a renewal registration between December 31, 1976, and December 31,
1977, even though their second term was not scheduled to commence until
sometime in 1978.

EXAMPLE: A work was first copyrighted on July 29, 1950, and a renewal
registration was made on September 1, 1977. The second term of
copyright was automatically extended through the end of 2045 without
the need of any further renewal.

ANOTHER SPECIAL SITUATION:
COPYRIGHTS MORE THAN 56 YEARS OLD

The automatic extension applies not only to copyrights less than 56 years
old but also to older copyrights that have previously been extended in
duration under a series of Congressional enactments beginning in 1962.
[1] As in the case of all other copyrights subsisting in their second
term between December 31, 1976, and December 31, 1977, inclusive, these
copyrights will expire at the end of the calendar year in which the 95th
anniversary of the original date of copyright occurs, so long as the
copyright was still in its renewal phase at the time Public Law 105-298
became effective. [2]

EXAMPLE: A work that was first entered for copyright on October 5,
1907, and renewed in 1935, would formerly have fallen into the public
domain after October 5, 1963. The first Act extended the copyright to
December 31, 1965; the second Act extended it to December 31, 1967; the
third Act extended it to December 31, 1968; the fourth Act extended it
to December 31, 1969; the fifth Act extended it to December 31, 1970;
the sixth Act extended it to December 31, 1971; the seventh Act
extended it to December 31, 1972; the eighth Act extended it to
December 31, 1974; the ninth Act extended it to December 31, 1976, and
the Copyright Act of 1976 finally extended the copyright through the
end of 1982 (75 years from the end of the year in which the copyright
was originally secured).

==================================================================
COPYRIGHTS SECURED BETWEEN JANUARY 1, 1950, AND DECEMBER 31, 1963:
RENEWAL WAS NECESSARY
==================================================================

Copyrights whose first 28-year term of copyright was secured between
January 1, 1950, and December 31, 1963, including works protected in
their first term under the Universal Copyright Convention, still had to
be renewed within strict time limits in order to receive the maximum
statutory duration. U.S. adherence to the Berne Convention did not alter
this requirement. Renewal registration had to be made within a year
period beginning on December 31 of the

--3--

27th year of the copyright and running through December 31 of the
following year.

If a valid renewal registration was made at the proper time, the second
term lasts for 67 years. This is 39 years longer than the 28-year renewal
term provided under the 1909 law and makes the two terms of protection
for the renewed copyright last for a total of 95 years. However, if
renewal registration was not made within the statutory time limits, these
copyrights expired at the end of their first terms and protection was
lost permanently.

=================================================================
COPYRIGHTS SECURED BETWEEN JANUARY 1, 1964, AND DECEMBER 31, 1977
=================================================================

The amendment to the copyright law enacted June 26, 1992, makes renewal
registration optional, and the amendment enacted October 27, 1998,
further extends the renewal term to 67 years. The copyright is still
divided between a 28-year original term and a 67-year renewal term, but
the renewal term automatically vests on December 31st of the 28th year. A
renewal registration is not required to secure the renewal copyright.
Certain benefits accrue to making renewal registrations, and the
Copyright Office continues to accept renewal applications. See Circular
15, "Renewal of Copyright," for a discussion of the benefits of making
renewal registration.

==========================================================
OTHER STATUTORY PROVISIONS AFFECTING SUBSISTING COPYRIGHTS
==========================================================

YEAR-END EXPIRATION OF COPYRIGHTTERMS

The law provides that all terms of copyright will run through the end of
the calendar year in which they would otherwise expire. This affects the
duration of all copyrights, including those subsisting in either their
first or second term in January 1, 1978. For works eligible for renewal
registration, the renewal filing period begins on December 31st of the
27th year of the copyright term and ends on December 31st of the 28th
year of the copyright term.

TERMINATION OF GRANTS

For works already under statutory copyright on January 1, 1978, the law
also contains special provisions allowing the termination of any grant of
rights made by an author and covering any part of the period (usually 39
years) that has now been added to the end of the renewal copyright. This
right to reclaim ownership of all or any part of the extended term is
optional. It can be exercised only by certain persons (the author, or
specified heirs of the author), and it must be exercised in accordance
with prescribed conditions and within strict time limits.

=================================
A CHECKLIST OF POINTS TO REMEMBER
=================================

+ Copyrights already in their second term on January 1, 1978, have been
automatically extended up to a maximum of 95 years without the need for
further renewal.

+ Copyrights secured between January 1, 1950, and December 31, 1963, had
to be renewed within a strict 1-year time limit; if not renewed they
expired at the end of their 28th calendar year.

+ Copyrights secured between January 1, 1964, and December 31, 1977, are
renewed automatically even if renewal registration is not made; renewal
registration is optional and if timely made, entitles the claimant to a
presumption of validity and other advantages.

+ Works in the public domain cannot be protected by copyright. The 1976
Act, the 1992 amendment, and the 1998 amendment do not provide a
procedure for restoring protection for works in which copyright has
been lost for any reason.

+ Exception: Under the provisions of the Uruguay Round Agreements Act
(URAA), certain foreign works whose U.S. copyright protection had been
lost because of non-compliance with formalities of U.S. law were
restored as of January 1, 1996. Such works may be registered using Form
GATT. For more information, request Circular 38b, "Highlights of
Copyright Amendments Contained in the Uruguay Round Agreements Act
(URAA-GATT)."

+ A work published before January 1, 1964, and originally copyrighted
within the past 75 years may still be protected by copyright if a valid
renewal registration was made during the 28th year of the first term of
the copyright. If renewed and if still valid under the other provisions
of the law, the copyright will now expire 95 years from the end of the
year in which it was first secured. Works published before January 1,
1923, have fallen into the public domain, but works published after
that date could still be protected by copyright if the copyright was
renewed by registration or automatically by law under Public Law
102-307.

=======================
FOR FURTHER INFORMATION
=======================

INFORMATION BY FAX: Circulars and other information (but not application
forms) are available by Fax-on-Demand at (202)707-2600.

Information by regular mail: Write to:

Library of Congress
Copyright Office
Publications Section, LM-455
101 Independence Avenue, S.E.
Washington, D.C. 20559-6000

--------
ENDNOTES

1 The enactments were Public Laws 87-668, 89-142, 90-141, 90-416,
91-147, 91-555, 92-170, 92-566, and 93-573. Their effect was to extend
the second term of all renewed copyrights scheduled to expire between
September 19, 1962, and December 3, 1976, through the end of 1976.

2 Works published before January 1, 1923, would have fallen into the
public domain at the end of calendar year 1997. Consequently, these works
do not receive the additional 20 years of copyright protection created by
Public Law 105-298.

----------------------------------------------
U.S. GOVERNMENT PRINTING OFFICE: 1999-454-879/5
Library of Congress
Copyright Office
101 Independence Avenue, S.E.
Washington, D.C. 20559-6000

www.loc.gov/copyright

June 1999 -- 15,000
WEB REV: June 1999

*****

United States Copyright Office

Circular 22

How to Investigate the Copyright Status of a Work

========================================================================

IN GENERAL

Methods of Approaching & Copyright Investigation

There are several ways to investigate whether a work is under copyright
protection and, if so, the facts of the copyright. These are the main
ones:

1. Examine a copy of the work for such elements as a copyright notice,
place and date of publication, author and publisher. If the work is a
sound recording, examine the disk, tape cartridge, or cassette in which
the recorded sound is fixed, or the album cover, sleeve, or container in
which the recording is sold.

2. Make a search of the Copyright Office catalogs and other records; or

3. Have the Copyright Office make a search for you.

A Few Words of Caution About Copyright Investigations

Copyright investigations often involve more than one of these methods.
Even if you follow all three approaches, the results may not be
conclusive. Moreover, as explained in this circular, the changes brought
about under the Copyright Act of 1976, the Berne Convention
Implementation Act of 1988, the Copyright Renewal Act of 1992, and the
Sonny Bono Copyright Term Extension Act of 1998 must be considered when
investigating the copyright status of a work.

This circular offers some practical guidance on what to look for if you
are making a copyright investigation. It is important to realize,
however, that this circular contains only general information and that
there are a number of exceptions to the principles outlined here. In many
cases it is important to consult with a copyright attorney before
reaching any conclusions regarding the copyright status of a work.

---------------------------------------------------
HOW TO SEARCH COPYRIGHT OFFICE CATALOGS AND RECORDS
---------------------------------------------------

Catalog of Copyright Entries

The Copyright Office published the Catalog of Copyright Entries (CCE) in
printed format from 1891 through 1978. From 1979 through 1982 the CCE was
issued in microfiche format. The catalog was divided into parts according
to the classes of works registered. Each CCE segment covered all
registrations made during a particular period of time. Renewal
registrations made from 1979 through 1982 are found in Section 8 of the
catalog. Renewals prior to that time were generally listed at the end of
the volume containing the class of work to which they pertained.

A number of libraries throughout the United States maintain copies of the
Catalog, and this may provide a good starting point if you wish to make a
search yourself. There are some cases, however, in which a search of the
Catalog alone will not be sufficient to provide the needed information.
For example:

+ Because the Catalog does not include entries for assignments or other
recorded documents, it cannot be used for searches involving the
ownership of rights.

+ The Catalog entry contains the essential facts concerning a
registration, but it is not a verbatim transcript of the registration
record. It does not contain the address of the copyright claimant.

Effective with registrations made since 1982 when the CCE was
discontinued, the only method of searching outside the Library of
Congress is by using the Internet to access the automated catalog. The
automated catalog contains entries from 1978 to the present. Information
for accessing the catalog via the Internet is provided below.

Individual Searches of Copyright Records

The Copyright Office is located in the Library of Congress James Madison
Memorial Building, 101 Independence Avenue, S.E., Washington, D.C.
20559-6000.

Most Copyright Office records are open to public inspection and searching
from 8:30 a.m. to 5 p.m., eastern time, Monday through Friday, except
federal holidays.

The various records freely available to the public include an extensive
card catalog, an automated catalog containing records from 1978 forward,
record books, and microfilm records of assignments and related documents.

Other records, including correspondence files and deposit copies, are not
open to the public for searching.

However, they may be inspected upon request and payment of a $65 per hour
search fee. [1]

If you wish to do your own searching in the Copyright Office files open
to the public, you will be given assistance in locating the records you
need and in learning procedures for searching. If the Copyright Office
staff actually makes the search for you, a search fee must be charged.
The search will not be done while you wait. In addition, the following
files dating from 1978 forward are now available over the Internet: COHM,
which includes all material except serials and documents; COHD, which
includes documents; and COHS, which includes serials.

The Internet site addresses for the Copyright Office files are:
World Wide Web: www.loc.gov/copyright
Telnet: locis.loc.gov

Access to LOCIS requires Telnet support. If your online service provider
supports Telnet, you can connect to LOCIS through the World Wide Web or
directly by using Telnet.

The Copyright Office does not offer search assistance to users on the
Internet.

---------------------------------
SEARCHING BY THE COPYRIGHT OFFICE
---------------------------------

In General

Upon request, the Copyright Office staff will search its records at the
statutory rate of $65 [1] for each hour or fraction of an hour consumed.
Based on the information you furnish, we will provide an estimate of the
total search fee. If you decide to have the Office staff conduct the
search, you should send the estimated amount with your request. The
Office will then proceed with the search and send you a typewritten
report or, if you prefer, an oral report by telephone. If you request an
oral report, please provide a telephone number where you can be reached
from 8:30 a.m. to 5 p.m., eastern time.

Search reports can be certified on request for an extra fee of $65 per
hour. [1] Certified searches are most frequently requested to meet the
evidentiary requirements of litigation.

Your request and any other correspondence should be addressed to :

Library of Congress
Copyright Office
Reference and Bibliography Section, LM-451
101 Independence Avenue, S.E.
Washington, D.C. 20559-6000

Tel: (202) 707-6850
Fax: (202) 252-3485
TTY:(202) 707-6737

What the Fee Does Not Cover

The search fee does not include the cost of additional certificates,
photocopies of deposits, or copies of other Office records. For
information concerning these services, request Circular 6, "Obtaining
Access to and Copies of Copyright Office Records and Deposits."

Information Needed

The more detailed information you can furnish with your request, the less
expensive the search will be. Please provide as much of the following
information as possible:

+ The title of the work, with any possible variants
+ The names of the authors, including possible pseudonyms
+ The name of the probable copyright owner, which may be the publisher or
producer
+ The approximate year when the work was published or registered
+ The type of work involved (book, play, musical composition, sound
recording, photograph, etc.)
+ For a work originally published as a part of a periodical or
collection, the title of that publication and any other information,
such as the volume or issue number, to help identify it
+ The registration number or any other copyright data

Motion pictures are often based on other works such as books or
serialized contributions to periodicals or other composite works. *If
you desire a search for an underlying work or for music from a motion
picture, you must specifically request such a search. You must also
identify the underlying works and music and furnish the specific titles,
authors, and approximate dates of these works.*

Searches Involving Assignments and Other Documents Affecting Copyright
Ownership

For the standard hourly search fee, the Copyright Office staff will
search its indexes covering the records of assignments and other recorded
documents concerning ownership of copyrights. The reports of searches in
these cases will state the facts shown in the Office's indexes of the
recorded documents but will offer no interpretation of the content of the
documents or their legal effect.

-----------------------
LIMITATIONS ON SEARCHES
-----------------------

In determining whether or not to have a search made, you should keep the
following points in mind:

NO SPECIAL LISTS. The Copyright Office does not maintain any listings of
works by subject or any lists of works that are in the public domain.

CONTRIBUTIONS NOT LISTED SEPARATELY IN COPYRIGHT OFFICE RECORDS.
Individual works such as stories, poems, articles, or musical
compositions that were published as contributions to a copyrighted
periodical or collection are usually not listed separately by title in
our records.

NO COMPARISONS. The Copyright Office does not search or compare copies of
works to determine questions of possible infringement or to determine how
much two or more versions of a work have in common.

TITLES AND NAMES NOT COPYRIGHTABLE. Copyright does not protect names and
titles, and our records list many different works identified by the same
or similar titles. Some brand names, trade names, slogans, and phrases
may be entitled to protection under the general rules of law relating to
unfair competition. They may also be entitled to registration under the
provisions of the trademark laws. Questions about the trademark laws
should be addressed to the Commissioner of Patents and Trademarks,
Washington, D.C. 20231. Possible protection of names and titles under
common law principles of unfair competition is a question of state law.

NO LEGAL ADVICE. The Copyright Office cannot express any opinion as to
the legal significance or effect of the facts included in a search
report.

SOME WORDS OF CAUTION

Searches Not Always Conclusive

Searches of the Copyright Office catalogs and records are useful in
helping to determine the copyright status of a work, but they cannot be
regarded as conclusive in all cases. The complete absence of any
information about a work in the Office records does not mean that the
work is unprotected. The following are examples of cases in which
information about a particular work may be incomplete or lacking entirely
in the Copyright Office:

+ Before 1978, unpublished works were entitled to protection under
common law without the need of registration.

+ Works published with notice prior to 1978 may be registered at any
time within the first 28-year term.

+ Works copyrighted between January 1, 1964, and December 31, 1977, are
affected by the Copyright Renewal Act of 1992, which automatically
extends the copyright term and makes renewal registrations optional.

+ For works under copyright protection on or after January 1, 1978,
registration may be made at any time during the term of protection.
Although registration is not required as a condition of copyright
protection, there are certain definite advantages to registration. For
further information, request Circular 1, "Copyright Basics."

+ Since searches are ordinarily limited to registrations that have
already been cataloged, a search report may not cover recent
registrations for which catalog records are not yet available.

+ The information in the search request may not have been complete or
specific enough to identify the work.

+ The work may have been registered under a different title or as part of
a larger work.

Protection in Foreign Countries

Even if you conclude that a work is in the public domain in the United
States, this does not necessarily mean that you are free to use it in
other countries. Every nation has its own laws governing the length and
scope of copyright protection, and these are applicable to uses of the
work within that nation's borders. Thus, the expiration or loss of
copyright protection in the United States may still leave the work fully
protected against unauthorized use in other countries.

OTHER CIRCULARS

For further information, request Circular 6, "Obtaining Access to and
Copies of Copyright Office Records and Deposits"; Circular 15, "Renewal
of Copyright"; Circular 15a, "Duration of Copyright"; and Circular 15t,
"Extension of Copyright Terms," from:

Library of Congress
Copyright Office
Publications Section, LM-455
101 Independence Avenue, S.E.
Washington, D.C. 20559-6000

You may call the Forms and Publications Hotline (202) 707-9100 at any
time, day or night, to leave a recorded request for forms or circulars.
Requests are filled and mailed promptly.

---------------------------------------------------
IMPACT OF COPYRIGHT ACT ON COPYRIGHT INVESTIGATIONS
---------------------------------------------------

On October 19, 1976, the President signed into law a complete revision of
the copyright law of the United States (title 17 of the United States
Code). Most provisions of this statute came into force on January 1,
1978, superseding the copyright act of 1909. These provisions made
significant changes in the copyright law. Further important changes
resulted from the Berne Convention Implementation Act of 1988, which took
effect March 1, 1989; the Copyright Renewal Act of 1992 (P.L. 102-307)
enacted June 26, 1992, which amended the renewal provisions of the
copyright law; and the Sonny Bono Copyright Term Extension Act of 1998
(P.L. 105-298) enacted October 27, 1998, which extended the term of
copyrights for an additional 20 years.

If you need more information about the provisions of either the 1909 or
the 1976 law, write or call the Copyright Office. For information about
the Berne Convention Implementation Act, request Circular 93, "Highlights
of U.S. Adherence to the Berne Convention." For information about
renewals, request Circular 15, "Renewal of Copyright." For information
about the Sonny Bono Copyright Term Extension Act, request SL-15, "New
Terms for Copyright Protection." Copies of the law are now $14.00 each.
Request "Copyright Law, Circular 92," (stock number is changed to
030-002-00195-1) from:

Superintendent of Documents
P.O. Box 371954
Pittsburgh, PA 15250-7954

Tel: (202) 512-1800
Fax: (202) 512-2250

For copyright investigations, the following points about the impact of
the Copyright Act of 1976, the Berne Convention Implementation Act of
1988, and the Copyright Renewal Act of 1992 should be considered:

A Changed System of Copyright Formalities

Some of the most sweeping changes under the 1976 Copyright Act involve
copyright formalities, that is, the procedural requirements for securing
and maintaining full copyright protection. The old system of formalities
involved copyright notice, deposit and registration, recordation of
transfers and licenses of copyright ownership, and United States
manufacture, among other things. In general, while retaining formalities,
the 1976 law reduced the chances of mistakes, softened the consequences
of errors and omissions, and allowed for the correction of errors.

The Berne Convention Implementation Act of 1988 reduced formalities, most
notably making the addition of the previously mandatory copyright notice
optional. It should be noted that the amended notice requirements are not
retroactive.

The Copyright Renewal Act of 1992, enacted June 26, 1992, automatically
extends the term of copyrights secured between January 1, 1964, and
December 31, 1977, making renewal registration optional. Consult Circular
15, "Renewal of Copyright," for details. For additional information, you
may contact the Renewals Section.

Tel: (202) 707-8180
Fax: (202) 707-3849

Automatic Copyright

Under the present copyright law, copyright exists in original works of
authorship created and fixed in any tangible medium of expression, now
known or later developed, from which they can be perceived, reproduced,
or otherwise communicated, either directly, or indirectly with the aid of
a machine or device. In other words, copyright is an incident of creative
authorship not dependent on statutory formalities. Thus, registration
with the Copyright Office generally is not required, but there are
certain advantages that arise from a timely registration. For further
information on the advantages of registration, write or call the
Copyright Office and request Circular 1, "Copyright Basics."

The 1909 Copyright Act and the 1976 Copyright Act as originally enacted
required a notice of copyright on published works. For most works, a
copyright notice consisted of the symbol (C in a circle), the word
"Copyright," or the abbreviation "Copr.," together with the name of the
owner of copyright and the year of first publication. For example: "(C in
a circle symbol) Joan Crane 1994" or "Copyright 1994 by Abraham Adams."

For sound recordings published on or after February 15, 1972, a copyright
notice might read "1994 XYZ Records, Inc." See below for more information
about sound recordings.

For mask works, a copyright notice might read "(C in a circle symbol) SDR
Industries." Request Circular 100, "Federal Statutory Protection for Mask
Works," for more information.

As originally enacted, the 1976 law prescribed that all visually
perceptible published copies of a work, or published phonorecords of a
sound recording, should bear a proper copyright notice. This applies to
such works published before March 1, 1989. After March 1, 1989, notice of
copyright on these works is optional. Adding the notice, however, is
strongly encouraged and, if litigation involving the copyright occurs,
certain advantages exist for publishing a work with notice.

Prior to March 1, 1989, the requirement for the notice applied equally
whether the work was published in the United States or elsewhere by
authority of the copyright owner. Compliance with the statutory notice
requirements was the responsibility of the copyright owner. Unauthorized
publication without the copyright notice, or with a defective notice,
does not affect the validity of the copyright in the work.

Advance permission from, or registration with, the Copyright Office is
not required before placing a copyright notice on copies of the work or
on phonorecords of a sound recording. Moreover, for works first published
on or after January 1, 1978, through February 28, 1989, omission of the
required notice, or use of a defective notice, did not result in
forfeiture or outright loss of copyright protection. Certain omissions
of, or defects in, the notice of copyright, however, could have led to
loss of copyright protection if steps were not taken to correct or cure
the omissions or defects. The Copyright Office has issued a final
regulation (37 CFR 201.20) that suggests various acceptable positions for
the notice of copyright. For further information, write to the Copyright
Office and request Circular 3, "Copyright Notice", and Circular 96,
Section 201.20, "Methods of Affixation and Positions of the Copyright
Notice on Various Types of Works."

Works Already in the Public Domain

Neither the 1976 Copyright Act, the Berne Convention Implementation Act
of 1988, the Copyright Renewal Act of 1992, nor the Sonny Bono Copyright
Term Extension Act of 1998 will restore protection to works that fell
into the public domain before the passage of the laws. However, the North
American Free Trade Agreement Implementation Act (NAFTA) and the Uruguay
Round Agreements Act (URAA) may restore copyright in certain works of
foreign origin that were in the public domain in the United States. Under
the copyright law in effect prior to January 1, 1978, copyright could be
lost in several situations. The most common were publication without the
required notice of copyright, expiration of the first 28-year term
without renewal, or final expiration of the second copyright term. The
Copyright Renewal Act of 1992 automatically renews first term copyrights
secured between January 1, 1964, and December 31, 1977.

Scope of Exclusive Rights Under Copyright

The present law has changed and enlarged in some cases the scope of the
copyright owner's rights. The new rights apply to all uses of a work
subject to protection by copyright after January 1, 1978, regardless of
when the work was created.

--------------------------------
DURATION OF COPYRIGHT PROTECTION
--------------------------------

Works Originally Copyrighted On or After January 1, 1978

A work that is created and fixed in tangible form for the first time on
or after January 1, 1978, is automatically protected from the moment of
its creation and is ordinarily given a term enduring for the author's
life plus an additional 70 years after the author's death. In the case of
"a joint work prepared by two or more authors who did not work for hire,"
the term lasts for 70 years after the last surviving author's death. For
works made for hire and for anonymous and pseudonymous works (unless the
author's identity is revealed in the Copyright Office records), the
duration of copyright will be 95 years from publication or 120 years from
creation, whichever is less. Works created before the 1976 law came into
effect but neither published nor registered for copyright before January
1, 1978, have been automatically brought under the statute and are now
given federal copyright protection. The duration of copyright in these
works will generally be computed in the same way as for new works: the
life-plus-70 or 95/120-year terms will apply. However, all works in this
category are guaranteed at least 25 years of statutory protection.

Works Copyrighted Before January 1, 1978

Under the law in effect before 1978, copyright was secured either on the
date a work was published with notice of copyright or on the date of
registration if the work was registered in unpublished form. In either
case, copyright endured for a first term of 28 years from the date on
which it was secured. During the last (28th) year of the first term, the
copyright was eligible for renewal. The copyright law extends the renewal
term from 28 to 67 years for copyrights in existence on January 1, 1978.

However, for works copyrighted prior to January 1, 1964, the copyright
still must have been renewed in the 28th calendar year to receive the
67-year period of added protection. The amending legislation enacted June
26, 1992, automatically extends this second term for works first
copyrighted between January 1, 1964, and December 31, 1977. For more
detailed information on the copyright term, write or call the Copyright
Office and request Circular 15a, "Duration of Copyright," and Circular
15t, "Extension of Copyright Terms."

-------------------------------------------------------
WORKS FIRST PUBLISHED BEFORE 1978: THE COPYRIGHT NOTICE
-------------------------------------------------------

GENERAL INFORMATION ABOUT THE COPYRIGHT NOTICE

In investigating the copyright status of works first published before
January 1, 1978, the most important thing to look for is the notice of
copyright. As a general rule under the previous law, copyright protection
was lost permanently if the notice was omitted from the first authorized
published edition of a work or if it appeared in the wrong form or
position. The form and position of the copyright notice for various types
of works were specified in the copyright statute. Some courts were
liberal in overlooking relatively minor departures from the statutory
requirements, but a basic failure to comply with the notice provisions
forfeited copyright protection and put the work into the public domain in
this country.

ABSENCE OF COPYRIGHT NOTICE

For works first published before 1978, the complete absence of a
copyright notice from a published copy generally indicates that the work
is not protected by copyright. For works first published before March 1,
1989, the copyright notice is mandatory, but omission could have been
cured by registration before or within 5 years of publication and by
adding the notice to copies published in the United States after
discovery of the omission. Some works may contain a notice, others may
not. The absence of a notice in works published on or after March 1,
1989, does not necessarily indicate that the work is in the public
domain.

UNPUBLISHED WORKS. No notice of copyright was required on the copies of
any unpublished work. The concept of "publication" is very technical, and
it was possible for a number of copies lacking a copyright notice to be
reproduced and distributed without affecting copyright protection.

FOREIGN EDITIONS. In the case of works seeking ad interim copyright [2],
copies of a copyrighted work were exempted from the notice requirements
if they were first published outside the United States. Some copies of
these foreign editions could find their way into the United States
without impairing the copyright.

ACCIDENTAL OMISSION. The 1909 statute preserved copyright protection if
the notice was omitted by accident or mistake from a "particular copy or
copies." Unauthorized Publication. A valid copyright was not secured if
someone deleted the notice and/or published the work without
authorization from the copyright owner.

SOUND RECORDINGS. Reproductions of sound recordings usually contain two
different types of creative works: the underlying musical, dramatic, or
literary work that is being performed or read and the fixation of the
actual sounds embodying the performance or reading. For protection of
the underlying musical or literary work embodied in a recording, it is
not necessary that a copyright notice covering this material appear on
the phonograph records or tapes on which the recording is reproduced. As
noted above, a special notice is required for protection of the recording
of a series of musical, spoken, or other sounds that were fixed on or
after February 15, 1972. Sound recordings fixed before February 15, 1972,
are not eligible for federal copyright protection. The Sound Recording
Act of 1971, the present copyright law, and the Berne Convention
Implementation Act of 1988 cannot be applied or be construed to provide
any retroactive protection for sound recordings fixed before February 15,
1972. Such works, however, may be protected by various state laws or
doctrines of common law.

THE DATE IN THE COPYRIGHT NOTICE

If you find a copyright notice, the date it contains may be important in
determining the copyright status of the work. In general, the notice on
works published before 1978 must include the year in which copyright was
secured by publication or, if the work was first registered for copyright
in unpublished form, the year in which registration was made. There are
two main exceptions to this rule.

1. For pictorial, graphic, or sculptural works (Classes F through K under
the 1909 law), the law permitted omission of the year date in the
notice.

2. For "new versions" of previously published or copyrighted works, the
notice was not usually required to include more than the year of first
publication of the new version itself. This is explained further under
"Derivative Works" below.

The year in the notice usually (though not always) indicated when the
copyright began. It is, therefore, significant in determining whether a
copyright is still in effect; or, if the copyright has not yet run its
course, the year date will help in deciding when the copyright is
scheduled to expire. For further information about the duration of
copyright, request Circular 15a, "Duration of Copyright." In evaluating
the meaning of the date in a notice, you should keep the following points
in mind:

WORKS PUBLISHED AND COPYRIGHTED BEFORE JANUARY 1, 1978: A work published
before January 1, 1978, and copyrighted within the past 75 years may
still be protected by copyright in the United States if a valid renewal
registration was made during the 28th year of the first term of the
copyright. If renewed by registration or under the Copyright Renewal Act
of 1992 and if still valid under the other provisions of the law, the
copyright will expire 95 years from the end of the year in which it was
first secured.

Therefore, the U.S. copyright in any work published or copyrighted prior
to January 1, 1923, has expired by operation of law, and the work has
permanently fallen into the public domain in the United States. For
example, on January 1, 1997, copyrights in works first published or
copyrighted before January 1, 1922, have expired; on January 1, 1998,
copyrights in works first published or copyrighted before January 1,
1923, have expired. Unless the copyright law is changed again, no works
under protection on January 1, 1999 will fall into the public domain in
the United States until January 1, 2019.

WORKS FIRST PUBLISHED OR COPYRIGHTED BETWEEN JANUARY 1, 1923, AND
DECEMBER 31, 1949, BUT NOT RENEWED: If a work was first published or
copyrighted between January 1, 1923, and December 31, 1949, it is
important to determine whether the copyright was renewed during the last
(28th) year of the first term of the copyright. This can be done by
searching the Copyright Office records or catalogs as explained
previously. If no renewal registration was made, copyright protection
expired permanently at the end of the 28th year of the year date it was
first secured.

WORKS FIRST PUBLISHED OR COPYRIGHTED BETWEEN JANUARY 1, 1923, AND
DECEMBER 31, 1949, AND REGISTERED FOR RENEWAL: When a valid renewal
registration was made and copyright in the work was in its second term on
December 31, 1977, the renewal copyright term was extended under the
latest act to 67 years. In these cases, copyright will last for a total
of 95 years from the end of the year in which copyright was originally
secured. Example: Copyright in a work first published in 1925 and renewed
in 1953 will expire on December 31, 2020.

WORKS FIRST PUBLISHED OR COPYRIGHTED BETWEEN JANUARY 1, 1950, AND
DECEMBER 31, 1963: If a work was in its first 28-year term of copyright
protection on January 1, 1978, it must have been renewed in a timely
fashion to have secured the maximum term of copyright protection. If
renewal registration was made during the 28th calendar year of its first
term, copyright would endure for 95 years from the end of the year
copyright was originally secured. If not renewed, the copyright expired
at the end of its 28th calendar year.

WORKS FIRST PUBLISHED OR COPYRIGHTED BETWEEN JANUARY 1, 1964, AND
DECEMBER 31, 1977: If a work was in its first 28-year term of copyright
protection on June 26, 1992, renewal registration is now optional. The
term of copyright for works published or copyrighted during this time
period has been extended to 95 years by the Copyright Renewal Act of 1992
and the Sonny Bono Term Extension Act of 1998. There is no need to make
the renewal filing to extend the original 28-year copyright term to the
full 95 years.

However, there are several advantages to making a renewal registration
during the 28th year of the original term of copyright. If renewal
registration is made during the 28th year of the original term of
copyright, the renewal copyright vests in the name of the renewal
claimant on the effective date of the renewal registration; the renewal
certificate constitutes prima facie evidence as to the validity of the
copyright during the renewed and extended term and of the facts stated in
the certificate; and, the right to use the derivative work in the
extended term may be affected. Request Circular 15, "Renewal of
Copyright," for further information.

UNPUBLISHED, UNREGISTERED WORKS: Before 1978, if a work had been neither
"published" in the legal sense nor registered in the Copyright Office, it
was subject to perpetual protection under the common law. On January 1,
1978, all works of this kind, subject to protection by copyright, were
automatically brought under the federal copyright statute. The duration
of copyright for these works can vary, but none of them will expire
before December 31, 2002.

DERIVATIVE WORKS

In examining a copy (or a record, disk, or tape) for copyright
information, it is important to determine whether that particular version
of the work is an original edition of the work or a "new version." New
versions include musical arrangements, adaptations, revised or newly
edited editions, translations, dramatizations, abridgments, compilations,
and works republished with new matter added. The law provides that
derivative works, published or unpublished, are independently
copyrightable and that the copyright in such a work does not affect or
extend the protection, if any, in the underlying work. Under the 1909
law, courts have also held that the notice of copyright on a derivative
work ordinarily need not include the dates or other information
pertaining to the earlier works incorporated in it. This principle is
specifically preserved in the present copyright law. Thus, if the copy
(or the record, disk, or tape) constitutes a derivative version of the
work, these points should be kept in mind:

+ The date in the copyright notice is not necessarily an indication of
when copyright in all the material in the work will expire. Some of the
material may already be in the public domain, and some parts of the
work may expire sooner than others.

+ Even if some of the material in the derivative work is in the public
domain and free for use, this does not mean that the "new" material
added to it can be used without permission from the owner of copyright
in the derivative work. It may be necessary to compare editions to
determine what is free to use and what is not.

+ Ownership of rights in the material included in a derivative work and
in the preexisting work upon which it may be based may differ, and
permission obtained from the owners of certain parts of the work may
not authorize the use of other parts.

THE NAME IN THE COPYRIGHT NOTICE

Under the copyright statute in effect before 1978, the notice was
required to include "the name of the copyright proprietor." The present
act requires that the notice include "the name of the owner of copyright
in the work, or an abbreviation by which the name can be recognized, or a
generally known alternative designation of the owner." The name in the
notice (sometimes in combination with the other statements on the copy,
records, disk, tape, container, or label) often gives persons wishing to
use the work the information needed to identify the owner from whom
licenses or permission can be sought. In other cases, the name provides a
starting point for a search in the Copyright Office records or catalogs,
as explained at the beginning of this circular.

In the case of works published before 1978, copyright registration is
made in the name of the individual person or the entity identified as the
copyright owner in the notice. For works published on or after January 1,
1978, registration is made in the name of the person or entity owning all
the rights on the date the registration is made. This may or may not be
the name appearing in the notice. In addition to its records of copyright
registration, the Copyright Office maintains extensive records of
assignments, exclusive licenses, and other documents dealing with
copyright ownership.

AD INTERIM

*Ad interim* copyright was a special short-term copyright that applied to
certain books and periodicals in the English language that were first
manufactured and published outside the United States. It was a partial
exception to the manufacturing requirements of the previous U.S.
copyright law. Its purpose was to secure temporary U.S. protection for a
work, pending the manufacture of an edition in the United States. The ad
interim requirements changed several times over the years and were
subject to a number of exceptions and qualifications.

The manufacturing provisions of the copyright act expired on July 1,
1986, and are no longer a part of the copyright law. The transitional and
supplementary provisions of the act provide that for any work in which ad
interim copyright was subsisting or capable of being secured on December
31, 1977, copyright protection would be extended for a term compatible
with the other works in which copyright was subsisting on the effective
date of the new act. Consequently, if the work was first published on or
after July 1, 1977, and was eligible for ad interim copyright protection,
the provisions of the present copyright act will be applicable to the
protection of these works. Anyone investigating the copyright status of
an English-language book or periodical first published outside the United
States before July 1, 1977, should check carefully to determine:

+ Whether the manufacturing requirements were applicable to the work;
and
+ If so, whether the ad interim requirements were met.

FOR FURTHER INFORMATION

Information via the Internet: Frequently requested circulars,
announcements, regulations, other related materials, and all copyright
application forms are available via the Internet. You may access these
via the Copyright Office homepage at www.loc.gov/copyright.

Information by fax: Circulars and other information (but not application
forms) are available by Fax-on-Demand at (202)707-2600.

Information by telephone: For general information about copyright, call
the Copyright Public Information Office at (202)707-3000. The TTY number
is (202)707-6737. Information specialists are on duty from 8:30 a.m. to
5:00 p.m., eastern time, Monday through Friday, except federal holidays.
Recorded information is available 24 hours a day. Or, if you know which
application forms and circulars you want, request them from the Forms and
Publications Hotline at (202)707-9100 24 hours a day. Leave a recorded
message.

Information by regular mail:
Write to:
Library of Congress
Copyright Office
Publications Section, LM-455
101 Independence Avenue, S.E.
Washington, D.C. 20559-6000

UNITED STATES COPYRIGHT OFFICE / THE LIBRARY OF CONGRESS

SEARCH REQUEST FORM

Library of Congress
Copyright Office
101 Independence Avenue, S.E.
Washington, D.C.
20559-6000

Reference & Bibliography Section
(202) 707-6850
8:30 a.m. to 5 p.m., Monday through Friday, eastern time

Type of work:

_ Book _ Music _ Motion Picture _ Drama _ Sound Recording
_ Computer Program _ Photograph/Artwork _ Map _ Periodical
_ Contribution _ Architectural Work _ Mask Work

Search information you require:
_ Registration _ Renewal _ Assignment _ Address

Specifics of work to be searched:
TITLE:
AUTHOR:
COPYRIGHT CLAIMANT (name in c notice):
APPROXIMATE YEAR DATE OF PUBLICATION/CREATION:
REGISTRATION NUMBER (if known):
OTHER IDENTIFYING INFORMATION:

If you need more space please attach additional pages.

------------------------------------------------------------------------
Estimates are based on the Copyright Office fee of $65 [1] an hour or
fraction of an hour consumed. The more information you furnish as a basis
for the search, the better service we can provide. The time between the
date of receipt of your fee for the search and your receiving a report
will vary from 8 to 12 weeks depending on workload.

NAMES, TITLES, AND SHORT PHRASES ARE NOT COPYRIGHTABLE.

Please read Circular 22 for more information on copyright searches.
------------------------------------------------------------------------

YOUR NAME:
DATE:
ADDRESS:
DAYTIME TELEPHONE NO. ( ) ___-____

Convey results of estimate/search by telephone
_ yes _ no

Fee enclosed? _ yes Amount $________
_ no

--------
ENDNOTES

1 NOTE: Registration filing fees and search fees are effective through
June 30, 2002. For information on the fee changes, please write the
Copyright Office, check the Copyright Office Website at
www.loc.gov/copyright, or call (202) 707-3000.

2 "Ad interim copyright" refers to a special short term of copyright
available to certain pre-1978 books and periodicals. For further
information on ad interim copyright, see page 10.

*****

[Federal Register: September 29, 1995 (Volume 60, Number 189)]
[Page 50414-50423]

[ML 509]

LIBRARY OF CONGRESS

37 CFR Parts 201 and 202

[Docket No. 95-1B]

Restoration of Certain Berne and WTO Works

AGENCY: Copyright Office, Library of Congress.

ACTION: Final regulations

---------------------------------------------------------------------

SUMMARY: The Copyright Office is issuing final regulations establishing
procedures that govern the filing of Notices of Intent to Enforce
copyright (NIEs) and the registering of copyright claims to restored
works as required by the Uruguay Round Agreements Act. The Act
automatically restores copyright for certain foreign works effective
January 1, 1996. Although restoration is automatic, the copyright owner
may file a Notice of Intent to Enforce the Restored Copyright with the
Copyright Office in order to enforce rights against reliance parties.

EFFECTIVE DATE: These final regulations are effective October 1, 1995.

FOR FURTHER INFORMATION CONTACT: Marilyn J. Kretsinger, Acting General
Counsel, Copyright GC/I&R, P.O. Box 70400, Southwest Station,
Washington, D.C. 20024. Telephone: (202) 707-8380. Telefax: (202) 707-
8366.

I. Background

On December 8, 1994, President Clinton signed the "Uruguay Round
Agreements Act" (URAA), Pub. L. No. 103-465, 108 Stat. 4809. The URAA
contains several significant copyright amendments. It amends the
software rental provision found in 17 U.S.C. 109(b) by eliminating the
expiration or sunset date, amends Titles 17 and 18 to create civil and
criminal remedies for "bootlegging" sound recordings of live musical
performances and music videos, and adds a new 17 U.S.C. Sec. 104A which
restores copyright in certain foreign works. The URAA also gives the
Copyright Office several responsibilities related to restoration of
those works.

A. Restoration of Copyright in Eligible Works

Under the URAA, restoration of copyright in works from countries which
are currently eligible occurs automatically on January 1, 1996. An
eligible country is a nation, other than the United States, that is a
member of the Berne Convention, ^{1 or a member of

[[Page 50415]]

the World Trade Organization, or is the subject of a presidential
proclamation declaring its eligibility.

\1\ Convention concerning the creation of an International Union
for the Protection of Literary and Artistic Works (Sept. 9, 1886,
revised in 1908, 1928, 1948, 1967, 1971), hereinafter cited as the
Berne Convention.

---------------------------------------------------------------------

Works from any source country eligible under the URAA may be
subject to automatic copyright restoration. However, to be so restored,
a work must meet certain other requirements:

1. It is not in the public domain in its source country through
expiration of the term of protection;

2. It is in the public domain in the United States due to
noncompliance with formalities imposed at any time by United States
copyright law, lack of subject matter protection in the case of sound
recordings fixed before February 15, 1972, or lack of national
eligibility;

3. It has at least one author or rightholder who was, at the time
the work was created, a national or domiciliary of an eligible country;

4. If published, it was first published in an eligible country and
was not published in the United States during the 30-day period
following publication in such eligible country.

Notwithstanding the fact that the work meets the above
requirements, any work ever owned or administered by the Alien Property
Custodian and in which the restored copyright would be owned by a
government or instrumentality thereof, is not a restored work.

B. Effective Date of Restoration

Eligible copyrights are restored automatically on the date the
Agreement on Trade Related Aspects of Intellectual Property (TRIPs)
enters into force with respect to the United States (URAA, section
514(a)). As discussed in the Notice of Policy Decision and Public
Meeting, the Copyright Office has concluded that the effective date of
copyright restoration is January 1, 1996. 60 FR 7793 (Feb. 9, 1995).
President Clinton has confirmed that the date on which the obligations
of the TRIPs Agreement will take effect for the United States is
January 1, 1996. Proclamation No. 6780, 60 FR 15845 (Mar. 27, 1995).

II. The Copyright Office's Responsibilities

Although copyright restoration is automatic for eligible works, the
URAA charged the Office with establishing regulations to govern the
filing of Notices of Intent to Enforce (NIEs) restored copyrights and
the registering of copyright claims in restored works by no later than
October 1, 1995.

The Act also requires the Office to publish a list in the Federal
Register identifying restored works and their ownership where NIEs have
been filed with the Office. The Office must also maintain a list
containing all NIEs for inspection and copying by the public.

A. Notices of Intent To Enforce

1. Notification of Reliance Party

The URAA directs the owner of a restored work to notify reliance
parties if the owner of the rights in a restored work plans to enforce
those rights. A reliance party is typically a business or individual
who, relying on the public domain status of a work, was already using
the work prior to December 8, 1994, the date of enactment of the URAA.
^{2 The URAA authorizes the owner of a right in a restored work
either to provide actual notice by serving a NIE directly on a reliance
party or to provide constructive notice through the filing of a NIE
with the Copyright Office.

\2\ This is true for the great majority of works. However, for
works from any country which was not eligible under the URAA as of
December 8, 1994, reliance parties would be those using the work
before the date on which that country becomes an eligible country by
joining Berne, the WTO, or as a result of a Presidential
proclamation.

----------------------------------------------------------------------

2. Effective Filing Date

A work whose source country is a member of the Berne Convention or
the World Trade Organization on January 1, 1996, is restored on that
date. The owner of such a work may file a NIE concerning that work
between January 1, 1996, and December 31, 1997. The Office will publish
the first listing of NIEs no later than May 1, 1996, and will publish
lists at regular four-month intervals for a period of two years
thereafter.

In the case of works from any source country which became eligible
for restoration under the URAA after January 1, 1996, owners of such
works may file NIEs with the Copyright Office for a two year period
starting from the date that country became eligible. The Office will
also publish a list of NIEs as detailed above, for works from any of
those countries, but the time frame for such lists will be measured
from the date a particular country becomes eligible.

3. Effect of Notice on Reliance Party

A reliance party has a twelve-month period to sell off previously
manufactured stock, to publicly perform or display the work, or to
authorize others to conduct these activities. This period begins when
the owner of a restored work notifies the reliance party that the owner
is enforcing copyright in the identified work. The date runs from
either the date of publication in the Federal Register identifying the
work or receipt of actual notice. If Notice of Intent to Enforce a
Restored Copyright is provided both by publication in the Federal
Register and service on the reliance party, the period runs from
whichever date is the earlier, the date of Federal Register publication
or service of actual notice. All reliance parties, except those who
created certain derivative works, must cease using the work at the end
of the twelve-month period unless they reach a licensing agreement with
the copyright owner for continued use of the restored work.

B. Registration of Copyright Claims in Restored Works

The second filing that the owner of a restored work may choose to
make with the Copyright Office is an application for registration of a
copyright claim. Copyright registration is voluntary; the URAA directs
the Office to have procedures for such registration, but it does not
require owners of the restored works to register. Although the owner of
a work not considered a Berne work as defined in 17 U.S.C. 101 must
obtain or seek registration for a work before he or she can bring a
copyright infringement action, the owner of rights in a Berne work does
not have to register before initiating suit. ^{3

\3\ It would seem that this exception would apply only to works
that meet the definition of a ``Berne Convention work'' in 17 U.S.C.
101.

---------------------------------------------------------------------

It is true that the holder of a copyright certificate of
registration may secure some procedural advantages in litigating a
copyright suit based on the effective date of registration. If
registration is made before or within 5 years of publication, it will
establish prima facie evidence in court of the validity of the
copyright and of the facts stated in the certificate; and if
registration is made within 3 months after publication of the work or
prior to an infringement of the work, statutory damages and attorney's
fees will be available to the copyright owner in court actions.
Otherwise, only an award of actual damages and profits is available to
the copyright owner.

III. The Comments

A. Comments Submitted

The Copyright Office sought public comment concerning the
implementation of the URAA both prior to and after publication of its
Notice of Proposed Rulemaking (NPRM). The Office first published a
notice inviting interested parties to submit written comments and/or to
attend a public meeting held at the Copyright Office on March 20, 1995,
to discuss issues

[[Page 50416]]

related to NIEs and registration of restored works. 60 FR 7793 (Feb. 9,
1995). The Office sent this notice to over ninety authors rights
organizations and industry groups, as well as 182 foreign government
agencies with copyright authority, to give them the opportunity to
respond. Approximately forty individuals attended the meeting,
including representatives from authors' rights organizations, museums,
the publishing industry, the film industry, and the computer software
industry. ^{4 Fifteen written comments were submitted. The Office
considered all of these views as it developed proposed procedures for
the filing of NIEs and the registering of copyright claims in restored
works. On July 10, the Office published proposed regulations in the
Federal Register. 60 FR 35522 (July 10, 1995).

\4\ A copy of all written comments and a summary of the meeting
can be found in the Public Information Office of the Copyright
Office, Room LM-401, James Madison Memorial Building, Washington,
D.C.

----------------------------------------------------------------------

In the Notice of Proposed Rulemaking, the Office invited interested
parties to submit written comments on the proposed regulations. The
Office received comments from the following parties: The Association of
American Publishers (AAP); Irwin Karp; Janine Lorente, for Societe des
Auteurs et Compositeurs Dramatiques (SACD); Nancy McAleer, for Thomson
& Thomson; Bill Patry; David Pierce; Linda Shaughnessy, for AP Watt
Ltd. Literary Agents; Ellen Theg, for International Television Trading
Corp.; and Richard Wincor, of Coudert Brothers.

The Office notes that some of the comments received in response to
the NPRM had already been addressed, and some called for minor
clarifications that have been made to the final regulations. Other
comments, whether raised for the first or second time, raise
substantive issues that are discussed below.

B. Issues Related to Notices of Intent To Enforce

1. Formality

Ms. Shaughnessy stated that since copyright restoration is to occur
automatically, the procedures for filing NIEs are exceptionally
onerous. She asserted it should be sufficient to file one NIE for all
of the titles of one author. Ms. Shaughnessy illustrated her point by
noting that she will be filing for 73 authors, but there will be
hundreds of titles involved. Comment 3. Ms. Lorente asserted that the
NIE is a formality in violation of at least the spirit of Berne and
that because reliance parties are free to continue to exploit restored
works in the United States unless a NIE is filed, an author cannot
exercise his or her rights in the restored work automatically. Comment
5, at 1.

The Copyright Office again emphasizes that the restoration of
copyright in certain foreign works considered in the public domain in
the United States creates a conflict between reliance parties' and
copyright owners' legitimate concerns. Reliance parties have invested
capital and labor in the lawful exploitation of public domain property;
the sudden restoration of copyright divests them of these investments.
Without some provision addressing this potential loss, there could be
challenges based on the ``taking'' clause of the Fifth Amendment of the
U.S. Constitution. On the other hand, it is important that the United
States restore copyright protection in certain foreign works. The
United States arguably failed to conform its law fully to the Berne
Convention in 1989 when it declined to interpret Article 18(1) on
restoration ^{5 as being mandatory. The U.S. Justice Department in
its review of the URAA legislation concluded that under existing
precedents interpreting the Fifth Amendment, the Notice of Intent to
Enforce the Restored Copyright avoided an unconstitutional ``taking.''
^{6 Thus, the Justice Department considered these provisions as
critical.

\5\ This Convention shall apply to all works which, at the
moment of its coming into force, have not yet fallen into the public
domain in the country of origin through the expiry of the term of
protection. Berne Convention art. 18(1)(Paris text).

\6\ See Memorandum from Chris Schroeder, Counsellor to the
Assistant Attorney General, Office of Legal Counsel, United States
Dept. of Justice to Ira S. Shapiro, General Counsel, USTR, on
Whether Certain Copyright Provisions in the Draft Legislation to
Implement the Uruguay Round of Multilateral Trade Negotiations Would
Constitute a Taking Under the Fifth Amendment (July 29, 1994).

---------------------------------------------------------------------

We believe that such a filing is not inconsistent with the Berne
Convention because Article 18(3) ^{7 of the Berne Convention
specifically permits member nations to determine ``conditions'' for
applying the principles of restoration. Copyright restoration occurs
automatically; the URAA merely creates a narrow set of conditions
requiring notification to reliance parties. Moreover, the information
sought on the NIEs is calculated to assist in the voluntary licensing
of the restored work. The decision of Congress to enact these
provisions is, therefore, supported by the legitimate interests of both
reliance parties and copyright owners, by constitutional
considerations, and by Article 18(3) of the Berne Convention.

\7\ The application of this principle shall be subject to any
provisions contained in special conventions to that effect existing
or to be concluded between countries of the Union. In the absence of
such provisions, the respective countries shall determine, each in
so far as it is concerned, the conditions of application of this
principle. Berne Convention art. 18(3) (Paris text).

--------------------------------------------------------------------

The Office has tried, however, to make the procedures for filing
NIEs practical, realizing that too detailed requirements would burden
the owner and that too general ones would serve neither the owner nor
the user of the restored work.

The Office also notes that the URAA makes such filings less onerous
by permitting the owner to notify all reliance parties of a restored
work by filing in one central place, the Copyright Office. Only if the
owner does not file with the Copyright Office within the appropriate
time period, as detailed above, must the owner provide actual notice to
each user of a restored work in order to enforce rights.

The Office is permitting an owner of multiple works to file one NIE
if each work is identified by title, has the same author, is owned by
the same identified copyright owner or owner of an exclusive right, and
the rights owned are the same.

2. Effective Date

Mr. Patry stated that January 1, 1995, is the initial date of
copyright restoration. Comment 2, at 1. Mr. Karp asserted that the
effective date of 104(A) is December 8, 1994, but that first
restoration of copyrights will occur on January 1, 1996. Comment 8, at
2. The Office reaffirms its recognition of January 1, 1996, as the
effective date of initial copyright restoration.
3. Minor Errors or Omissions

Ms. Lorente noted that it is often impossible for foreign authors
to know the English language title under which a work is being
exploited, especially as it is often not a literal translation. She,
therefore, asked that a NIE not be invalidated if it gives the literal
translation of the foreign title, and later it is determined that the
English language title under which the work is exploited is different
from the one given in the NIE. Comment 5, at 2.

All information on the NIE other than the original title of the
foreign work must be completed in English. The law requires that an
English translation of a foreign title be given on the NIE; it does not
specify that it be the English title under which the work was
exploited.

The Copyright Office will record the NIE under the titles that are
provided; ultimately only a court can determine the validity of a NIE.
However, the Office believes that a reasonable construction of the
statute's

[[Page 50417]]

requirements would permit good faith discrepancies in the English
translation.

Furthermore, the URAA allows a party who has filed a NIE with the
Copyright Office to correct minor errors or omissions by further notice
at any time after the NIE is filed. The procedures and fees are the
same for filing a NIE which corrects a previously filed NIE, except
that the party making the correction should refer to previous NIE's
volume and page number in the Copyright Office Documents Records, if
known, on the corrected NIE.

4. Additional Information

The AAP asked the Office to require copyright owners to expand on
the information contained in the NIEs, such as the format on which
first the work was fixed (film, disk, etc.), contributors (editors,
publishers, or director, animator, screenwriter, cinematographer, etc.)
and for photographs, collections, etc. a description (material/
subjects, organization, and/or classification). The AAP also asked the
Office to request an e-mail address, names and addresses of any agents,
representatives, or collecting societies that can serve as licensing
authorities. The AAP suggested that the Office consider incentives such
as fee discounts, for those providing more complete information.
Comment 7, at 6-8. Ms. Theg asked that the year of creation be included
in the NIE instead of the year of publication, since she believed it to
be more consistently available. Comment 9, at 2.

The Office has incorporated some of the AAP's suggestions into the
NIE format and hopes it has struck an appropriate balance in its NIE by
requesting information helpful to reliance parties, while not burdening
the filer of the NIE with lengthy and detailed suggested information.

5. Accessible and Useful Public Record

The URAA requires the Copyright Office to publish the titles and
owners of restored works in the Federal Register. Since publication in
the Federal Register is costly and the parties indicated that such
information would not be as accessible as information made available
via the Internet, the Office is limiting the information published in
the Federal Register to what the law requires. Much of the information
contained in the NIE will be available on COPICS, the Copyright
Office's automated database of registrations and recorded copyright
transfers and other documents. These records may be accessed by the
public on terminals in the Copyright Office at the Library of Congress
and are also available via the Internet.

Since Internet access is not universal, Ms. Lorente asked that
other means of getting information about NIEs, including written
inquiries to the Copyright Office, should not be excluded. Comment 5,
at 3. The AAP stated that it would be useful if the database could be
searched in directories that listed all works restored in a particular
country of origin. Comment 7, at 11. The AAP also asked that each work/
title be given in a separate entry in the database. Comment 7, at 9.

Traditional search methods will continue to be available; NIEs may
be searched in the COPICS database under the name of the owner, the
titles it contains, as well as the names of the authors, if given.
Although the Office will not index works by country of origin in the
COPICS database or provide separate entries in the database for
multiple works listed on one NIE, each work can be easily identified
since the database is searchable by title, author, and the owner or
owner of an exclusive right.

Finally, though online access will be the primary means for
providing this information to the public, upon request the Copyright
Office staff will search the records at the rate of $20 for each hour
or fraction thereof and furnish a written report. Search requests
should be sent to the Reference and Bibliography Section, Copyright
Office, Library of Congress, Washington, D.C. 20559-6000. In addition,
individuals may come to the Office and do their own search free of
charge.

6. Filing Fee

Ms. Lorente stated that restoration of copyright should be
automatic, and without a fee, comment 5, at 3, and Ms. Shaughnessy
asked that only one fee be charged for all the works of an author.
Comment 3.

The Office notes that all of the works involved have been
considered in the public domain in the United States. The URAA provides
that restoration of eligible works is automatic, and a NIE may be filed
directly on a reliance party. However, a notice which is effective
against all reliance parties may be filed with the Copyright Office.
The Office must examine and record that notice, issue an
acknowledgement, create a catalog entry that includes among other
things all the titles, publish the information in the Federal Register,
and maintain the online catalog of the information. The URAA gives the
Office authority to fix reasonable fees based on these costs.

The Office realizes that requiring a filing on each work of an
author will be onerous and we will permit multiple works meeting the
criteria described in our regulations to be filed on one notice for a
lesser fee.

7. Acknowledgement

Ms. Lorente, Mr. Pierce and Ms. Theg all asserted that it is
essential that the Copyright Office confirm the filing of a NIE. Ms.
Lorente stated that it is very important that an author or agent have a
document providing that he or she has complied with the URAA's
provisions. See comment 5, at 2; comment 6, at 1; and comment 9, at 3.
Ms. McAleer stressed that the acknowledgement of the recording of a NIE
is an essential service because of the possibility that the NIE may be
misplaced, causing its publication in the Federal Register to be
delayed. Comment 4.

The Office will mail an acknowledgement of recordation to the filer
of a NIE, including the date of receipt, the volume and page on which
the NIE is recorded, and the anticipated date of publication in the
Federal Register. The Office will not issue a certificate of
recordation. Completed recordations will appear in the COPICS database
and the Federal Register.

8. Transfers

Mr. Pierce asked that the Office require NIE filers, other than the
author, to reference documents of transfer by date, parties and rights
transferred, if any. He stated that this would decrease fraud and be
less burdensome than filing the agreements with the Documents Unit of
the Copyright Office. Comment 6, at 2.

While the Copyright Office agrees that such a requirement might be
useful, it cannot adopt this requirement since it is not authorized by
the URAA.

9. Federal Register Publication

The AAP agreed that, compared to the online database, the lists
published in the Federal Register would be of secondary importance. AAP
suggested, however, that the Federal Register entry also include the
name of the author if possible. Comment 7, at 11.

In order to minimize costs, the Office has concluded that only the
minimum information (title, name of the first owner or owner of an
exclusive right identified on the NIE), will be included in the list of
NIEs published in the Federal Register.

[[Page 50418]]

C. Issues Related to Registration of a Restored Work

1. Simultaneous Registration

Ms. Lorente asserted that registration is a second formality, and
asked for simultaneous filing of NIEs and registration of copyright
claims. She also argued both should be automatic and at no additional
cost. Comment 5, at 2. Ms. Theg asked that the application for
registration be modified to include the additional information
requested in the NIE so that the NIE filing requirements could be
satisfied at the time of making an application for registration.
Comment 9, at 1.

As discussed earlier, procedures permitting the copyright
registration of restored works are not formalities in violation of the
Berne Convention. Registration is entirely voluntary for Berne works
since copyright registration of restored works is not a prerequisite
for the filing of a copyright infringement action. Registration of a
claim in a work involves significant additional work and by law
requires a fee. The Office has, however, attempted to keep the
processing work and the fees to a minimum.

2. New URAA Related Registration Procedures

Mr. Pierce observed that registration, especially of motion
pictures, is often very burdensome for foreign works, because of the
difficulty in determining original publication dates and in submitting
a copy of the work as first released. He concluded that applications
will be filed for only a small percentage of the works unless the
Office considers adopting more liberal deposit requirements such as
accepting PAL, SECAM, VHS formats or written descriptions, allowing the
registration of related works with multiple publication dates on one
application, accepting approximate publication dates, and accepting a
previously submitted deposit instead of requiring a new deposit.
Comment 6, at 2. Ms. Theg asked that deposit requirements be waived
entirely. Comment 9, at 2.

On the other side, the AAP questioned the necessity for changes in
the existing registration and recordation systems. If such changes are
made, the AAP asserted that they should not create precedent for other
registration and deposit practices. The AAP also questioned the need
for procedures allowing blanket exemptions in some instances for
depositing materials, accepting descriptive materials instead of a copy
of the work, and allowing certain collections such as photos or TV
series to be given a single identifying group name or title. The AAP is
concerned that these procedures will make it difficult for reliance
parties to identify restored works and comply with the law. The AAP
asked that the Office instead deal with special situations on a case-
by-case basis. Comment 7, at 12-16.

The procedures developed for the registration of copyright claims
for restored works must both balance the needs of applicants for
copyright registration, reliance parties, the public, and the Copyright
Office and also establish a system that will be feasible
administratively and elicit necessary information. As indicated in our
final regulations, these new procedures apply only to works restored
under the URAA and NAFTA; they thus have no precedential effect on
other filings.

3. Claimant for Registration

Mr. Patry noted that the applicable statutory language relating to
the filing of NIEs permits the ``owners of restored copyright or the
owner of an exclusive right therein'' to file a NIE, while the URAA
statutory language covering registration indicates that ``owners of
restored copyrights'' may apply for copyright registration. He asserted
the statute's failure to mention the owner of an exclusive right in
connection with registration means that only an author may file a
registration. Comment 2, at 1-2.

The Office agrees that the restored copyright vests initially in
the author as determined by the law of the source country of the work.
A work, however, is registered in the name of a claimant. 17 U.S.C.
409. ``Claimant'' is a term of art defined in existing Copyright Office
regulations, as either the author of a work or a person or organization
that has obtained ownership of all rights under the copyright initially
belonging to the author. 37 CFR 202.3(a)(3). Thus, an owner of only an
exclusive right would not be permitted to file an application in his or
her own name as the copyright claimant, although he or she could submit
an application. While the URAA authorizes the Office to adopt
regulations permitting owners of restored copyrights to file for
registration of the restored copyright, there is nothing in the URAA to
suggest that parties who register a restored work are any different
from those under existing copyright law and regulations. Moreover, it
seems essential to retain the concept of claimant since authors may no
longer be alive.

4. Foreign Law

The AAP stated that since URAA registrations may create legal
presumptions as to the validity of the copyright and the facts stated
on the registration certificate, the Office should question an
applicant's determination of foreign law issues. Comment 7, at 15. Mr.
Karp asserted that since foreign law questions will arise with respect
to many issues related to rights restored, including initial ownership,
the Office should accept multiple NIEs or registrations for the same
work. Comment 8, at 2.

The Copyright Office will accept such multiple, and possibly
adverse, NIEs and registrations for the same work. One of the more
difficult issues facing the Office is to what extent foreign law issues
should be raised in the registration process. Section 104A(b) of the
Act provides: ``A restored work vests initially in the author or
initial rightholder of the work as determined by the law of the source
country of the work.'' Determining the appropriate source country and
the applicable foreign law is a question that must ultimately be
resolved by a court. At most, the Office could simply question whether
or not an author was in fact the author under the law of the source
country. The applicant's answer would have to be accepted. The Office
does not, therefore, plan to question an applicant's determination of
foreign law issues.

IV. Procedures for Notices of Intent To Enforce

A Copyright Office task force has been meeting for several months
to discuss issues related to establishing regulations for URAA filings.
The Office also carefully considered the comments made at the public
meeting and those submitted by interested parties in response to the
Notice of Policy Decision and Public Meeting and the Notice of Proposed
Rulemaking. Most of the commentators supported a detailed NIE rather
than one limited to the minimal information required by the statute.
Based on those comments, the Office is requesting more information from
the filer of a NIE than required under the URAA. As provided in the
statute, this additional information will not affect the validity of
the notice. Additional information such as the identity of the author
is essential, however, for efficient and timely identification of a
specific work where enforcement of copyright is sought. The additional
information will also facilitate the licensing of uses of restored
works. Therefore, the Office urges those parties who are filing NIEs to
provide as much of this additional information as possible.

[[Page 50419]]

A. Format for NIEs

1. Constructive Notice

The Copyright Office will not publish NIE forms; however, a
suggested format for NIEs to be filed with the Office is included in
the Appendix below. This format is available over the Internet and can
be downloaded for use as a form. The suggested format requests
information required by the statute and optional information which is
extremely useful.

2. Actual Notice

Those parties choosing to serve actual Notice of Intent to Enforce
a Restored Copyright on the reliance party should note that the URAA
requires additional information. Therefore, if they use the Copyright
Office's NIE format as a guide for the actual notice, it will be
incomplete unless the additional information specified is added. The
URAA specifies:

Notices of Intent to Enforce a Restored Copyright served on a
reliance party shall be signed by the owner or the owner's agent,
shall identify the restored work and the work in which the restored
work is used, if any, in detail sufficient to identify them, include
an English translation of the title, any other alternative titles
known to the owner by which the work may be identified, the use or
uses to which the owner objects, and an address and telephone number
at which the reliance party may contact the owner. If the notice is
signed by an agent, the agency relationship must have been
constituted in writing and signed by the owner before service of the
notice.^{8

\8\ Emphasis added to show additional requirements for actual
notice.

104A(e)(2)(B) of the URAA. Actual notices may be served on a reliance
party at any time after the work is restored.

3. Who may file a Notice of Intent To Enforce?

A NIE may be filed by someone who has the authority to sign it. The
statute says that the NIE must be signed by the owner or the owner's
agent. It can also be signed by the owner of any exclusive right in the
restored copyright. As noted in the URAA and emphasized in the
certification requirement, an agent cannot sign a NIE unless the agency
relationship was constituted in writing signed by the owner before the
notice is filed. 104A(e)(1)(A)(i) of the URAA.

B. Filing Fee

The filing fee is 30 U. S. dollars ^{9 for a NIE covering one
work; for a NIE covering multiple works the fee is $30 for the first
work, plus one dollar for each additional work. This fee includes the
cost of an acknowledgement of recordation which will be mailed to the
filer after the Copyright Office records the NIE. The regulations
provide special instructions for payment of the filing fee, including
payment by credit card. These instructions must be followed in order to
permit processing of the fee. In addition, the filer of a NIE must
insure that sufficient funds are available for payment. Insufficient
fees could delay the effective date of notice.

\9\ All references to charges will be in terms of U.S. dollars.

---------------------------------------------------------------------

For all URAA filings, both recordation of a NIE and registration of
a restored work, the Copyright Office will accept Visa and MasterCard
and American Express credit cards to facilitate payment in U.S. dollars.
Payment by credit card is, however, available only for URAA
filings.^{10

\10\ Acceptance of credit cards for URAA filings will serve as a
test, however, by which the Office can determine at a later date the
feasibility of accepting credit cards for other registrations and
recordations.

---------------------------------------------------------------------

C. Certification

The Office requires the filer of a NIE to sign a certification
statement at the end of the document filed indicating that the
information given is correct to the best of his or her knowledge. The
URAA explicitly states that any materially false statement knowingly
made with respect to any restored copyright identified in any Notice of
Intent shall make void all claims and assertions made with respect to
such restored copyright. 104A(e)(3) of the URAA.

D. Mailing Address

Time is critical with processing NIEs, and it is, therefore,
important that URAA mail not come in with regular Copyright Office
mail. All NIEs should be mailed to: URAA/GATT, NIEs and Registrations,
P.O. Box 72400, Southwest Station, Washington, D.C. 20024, USA.

V. Procedures for Registering Copyright Claims in Restored Works

The URAA raises a number of unique considerations regarding the
registration of copyright claims in restored works. First, a number of
technical requirements, many of which are contained in the definition
of ``restored work,'' govern whether a foreign work is subject to
automatic restoration under the URAA. In many cases applicants seeking
registration will be foreign claimants who are unfamiliar with the
registration procedures in the United States Copyright Office. In
addition, communication over technical issues may be difficult.
Finally, virtually all of the restored copyrights will be older works;
and in some cases, submitting a copy or phonorecord of the work will be
a problem.

The Copyright Office weighed all of these considerations before
developing a procedure for registering copyright claims in restored
works. The Office has adopted a simplified procedure, which will still
maintain the integrity of the public record and adhere to the
provisions of the existing copyright law and the URAA.

The Office will register a claim to United States copyright in any
work for which copyright protection is restored by the URAA, even if a
registration was previously made before the work entered the public
domain in this country. The Office will also register a claim for any
work previously registered where the Office originally advised the
copyright claimant that there was some doubt concerning compliance with
the formal requirements of the law.

A. Registration Forms

Because the URAA creates unique eligibility requirements, the
Copyright Office concluded that it should create two new registration
forms and a continuation page specifically designed to obtain the
information necessary for a GATT registration made under the URAA. They
are Form GATT, Form GATT/GRP and Form GATT/CON. The Form GATT covers
registration of individual restored works and restored works published
under a single series title, Form GATT/GRP covers registration of
groups of related restored works under the conditions set forth in the
regulations, and the Form GATT/CON is a page providing additional space
and may be used with either of the GATT application forms.

B. Deposit Required

In recognition of the difficulty some applicants may have in
submitting a deposit of an older work ``as first published,'' the
Office has established special deposit regulations for URAA restored
works. These regulations permit a deposit of other than the first
published edition of the work, if absolutely necessary; applicants
should keep in mind, however, that the deposit serves as a crucial part
of the public record, and it is their interest to make a complete
deposit.

C. Filing Fee

The filing fee for registration is $20, since the Copyright Office
believes the work in administering the registration procedure for
restored works will be roughly comparable to general

[[Page 50420]]

registration procedures. In addition, the regulations contain special
group registration options which will permit the registration of:

(1) A group of works published under a single series title. Form
GATT should be used; the fee is $20 for up to a calendar year's worth
of episodes, installments, or issues published under the same single
series title; and

(2) A group of at least two, but up to ten related individual works
published within the same calendar year. Form GATT/GRP should be used,
the fee is ten dollars per individual work, that is between $20-$100
per application.

The registration regulations contain special instructions for
payment of the filing fee, including payment by credit card.

D. Mailing Address

All GATT/URAA applications for registration should be mailed to:
URAA/GATT, NIEs and Registrations, P.O. Box 72400, Southwest Station,
Washington, DC 20024, USA.

VI. NAFTA

Exactly a year before the URAA was signed into law, Congress
enacted the North American Free Trade Agreement Implementation Act
(NAFTA) of December 8, 1993, adding a new section 104A to the Copyright
Code that allowed copyright restoration in certain Mexican and Canadian
works. See generally, Federal Register notices leading to the
implementation of NAFTA, 59 FR 1408 (Jan. 10, 1994); 59 FR 12162 (Mar.
16, 1994); and 59 FR 58787 (Nov. 15, 1994). Although Congress modeled
the URAA provisions on NAFTA, there are significant differences. For
example, under the URAA, copyright restoration is automatic; under
NAFTA it was not. Moreover, the URAA requires an English translation of
the title as part of the NIE, but NAFTA did not require an English
translation for NAFTA statements of intent.

In enacting these two laws, Congress intended the restoration
provisions to operate separately from one another. Therefore, works
restored under NAFTA are not additionally restored under the URAA. It
is clear that Congress intended a new section 104A enacted in the URAA,
to replace the NAFTA version of section 104A. Unfortunately, the
statutory language in the URAA creates some ambiguities. The recent
presidential proclamation clarifies some of these questions. 60 FR
15845 (Mar. 27, 1995).

The regulation governing filings under NAFTA will be amended to
reflect a reference to the public law. This change is made necessary by
the deletion of the NAFTA version of section 104A. In addition,
Secs. 201.33 and 202.12 of the Copyright Office regulations contain
provisions clarifying that works already restored under NAFTA do not
additionally fall within the provisions of the URAA.

Despite the differences in NAFTA and URAA notice filings, the
registration procedures, including deposit preferences, available for
URAA restored works are also available for those works restored under
NAFTA.

List of Subjects

37 CFR Part 201

Cable television, Copyright, Jukeboxes, Literary works, Satellites.

37 CFR Part 202

Claims, Copyright.

In consideration of the foregoing, the Copyright Office amends 37
CFR parts 201 and 202 in the manner set forth below:

PART 201--GENERAL PROVISIONS

1. The authority citation for part 201 is revised to read as
follows:

Authority: 17 U.S.C. 702.

2. Section 201.31 is amended by revising the first sentence of
paragraph (a) to read as follows:

Sec. 201.31 Procedures for copyright restoration in the United States
for certain motion pictures and their contents in accordance with the
North American Free Trade Agreement.

(a) General. This section prescribes the procedures for submission
of Statements of Intent pertaining to the restoration of copyright
protection in the United States for certain motion pictures and works
embodied therein as required by the North American Free Trade Agreement
Implementation Act of December 8, 1993, Public Law No. 103-182. * * *

* * * * *

3. Section 201.33 is added to read as follows:

Sec. 201.33 Procedures for filing Notices of Intent to Enforce a
restored copyright under the Uruguay Round Agreements Act.

(a) General. This section prescribes the procedures for submission
of Notices of Intent to Enforce a Restored Copyright under the Uruguay
Round Agreements Act, as required in 17 U.S.C. 104A(a). On or before
May 1, 1996, and every four months thereafter, the Copyright Office
will publish in the Federal Register a list of works for which Notices
of Intent to Enforce have been filed. It will maintain a list of these
works. The Office will also make a more complete version of the
information contained in the Notice of Intent to Enforce available on
its automated database, which can be accessed over the Internet.

(b) Definitions--(1) NAFTA work means a work restored to copyright
on January 1, 1995, as a result of compliance with procedures contained
in the North American Free Trade Agreement Implementation Act of
December 8, 1993, Public Law No. 103-182.

(2) Reliance party means any person who--

(i) With respect to a particular work, engages in acts, before the
source country of that work becomes an eligible country under the URAA,
which would have violated 17 U.S.C. 106 if the restored work had been
subject to a copyright protection and who, after the source country
becomes an eligible country, continues to engage in such acts;

(ii) Before the source country of a particular work becomes an
eligible country, makes or acquires one or more copies of phonorecords
of that work; or

(iii) As the result of the sale or other disposition of a
derivative work, covered under the new 17 U.S.C. 104A(d)(3), or of
significant assets of a person, described in the new 17 U.S.C. 104
A(d)(3) (A) or (B), is a successor, assignee or licensee of that
person.

(3) Restored work means an original work of authorship that--

(i) Is protected under 17 U.S.C. 104A(a);

(ii) Is not in the public domain in its source country through
expiration of term of protection;

(iii) Is in the public domain in the United States due to--

(A) Noncompliance with formalities imposed at any time by United
States copyright law, including failure of renewal, lack of proper
notice, or failure to comply with any manufacturing requirements;

(B) Lack of subject matter protection in the case of sound
recordings fixed before February 15, 1972; or

(iv) Has at least one author or rightholder who was, at the time
the work was created, a national or domiciliary of an eligible country,
and if published, was first published in an eligible country and not
published in the United States during the 30-day period following
publication in such eligible country.

(4) Source country of a restored work is--

(i) A nation other than the United States; and

[[Page 50421]]

(ii) In the case of an unpublished work--

(A) The eligible country in which the author or rightholder is a
national or domiciliary, or, if a restored work has more than one
author or rightholder, the majority of foreign authors or rightholders
are nationals or domiciliaries of eligible countries; or

(B) If the majority of authors or rightholders are not foreign, the
nation other than the United States which has the most significant
contacts with the work; and

(iii) In the case of a published work--

(A) The eligible country in which the work is first published; or

(B) If the restored work is published on the same day in two or
more eligible countries, the eligible country which has the most
significant contacts with the work.

(c) Forms. The Copyright Office does not provide forms for Notices
of Intent to Enforce filed with the Copyright Office. It requests that
filers of such notices follow the format set out in Appendix A of this
section and give all of the information listed in paragraph (d) of this
section. Notices of Intent to Enforce must be in English, and should be
typed or printed by hand legibly in dark, preferably black, ink, on
8 1/2 by 11 inch white paper of good quality, with at least a one inch
(or three cm) margin.

(d) Requirements for Notice of Intent to Enforce a Copyright
Restored Under the Uruguay Round Agreements Act. (1) Notices of Intent
to Enforce should be sent to the following address: URAA/GATT, NIEs and
Registrations, P.O. Box 72400, Southwest Station, Washington, DC 20024,
USA.

(2) The document should be clearly designated as ``Notice of Intent
to Enforce a Copyright Restored under the Uruguay Round Agreements
Act''.

(3) Notices of Intent to Enforce must include:

(i) Required information:

(A) The title of the work, or if untitled, a brief description of
the work;

(B) An English translation of the title if title is in a foreign
language;

(D) Name of the copyright owner of the restored work, or of an
owner of an exclusive right therein;

(E) The address and telephone number where the owner of copyright
or the exclusive right therein can be reached; and

(F) The following certification signed and dated by the owner of
copyright, or the owner of an exclusive right therein, or the owner's
authorized agent:

I hereby certify that for each of the work(s) listed above, I am
the copyright owner, or the owner of an exclusive right, or the
owner's authorized agent, the agency relationship having been
constituted in a writing signed by the owner before the filing of
this notice, and that the information given herein is true and
correct to the best of my knowledge.

Signature-------------------------------------------------------------

Name (printed or typed)-----------------------------------------------

As agent for (if applicable)------------------------------------------

Date:-----------------------------------------------------------------

(ii) Optional but essential information:

(A) Type of work (painting, sculpture, music, motion picture, sound
recording, book, etc.);

(B) Name of author(s);

(D) Approximate year of publication;

(E) Additional identifying information (e.g. for movies: director,
leading actors, screenwriter, animator; for photographs or books:
subject matter; for books: editor, publisher, contributors);

(F) Rights owned by the party on whose behalf the Notice of Intent
to Enforce is filed (e.g., the right to reproduce/distribute/publicly
display/publicly perform the work, or to prepare a derivative work
based on the work, etc.); and

(G) Telefax number at which owner, exclusive rights holder, or
agent thereof can be reached.

(4) Notices of Intent to Enforce may cover multiple works provided
that each work is identified by title, all the works are by the same
author, all the works are owned by the identified copyright owner or
owner of an exclusive right, and the rights owned by the party on whose
behalf the Notice of Intent is filed are the same. In the case of
Notices of Intent to Enforce covering multiple works, the notice must
separately designate for each work covered the title of the work, or if
untitled, a brief description of the work; an English translation of
the title if the title is in a foreign language; alternative titles, if
any; the type of work; the source country; the approximate year of
publication; and additional identifying information.

(5) Notices of Intent to Enforce works restored on January 1, 1996,
may be submitted to the Copyright Office on or after January 1, 1996,
through December 31, 1997.

(e) Fee.

(1) Amount. The filing fee for recording Notices of Intent to
Enforce is 30 U.S. dollars for notices covering one work. For notices
covering multiple works as described in paragraph (d)(4) of this
section, the fee is 30 U.S. dollars, plus one dollar for each
additional work covered beyond the first designated work. For example,
the fee for a Notice of Intent to Enforce covering three works would be
$32. This fee includes the cost of an acknowledgement of recordation.

(2) Method of Payment. (i) Checks, money orders, or bank drafts.
The Copyright Office will accept checks, money orders, or bank drafts
made payable to the Register of Copyrights. Remittances must be
redeemable without service or exchange fees through a United States
institution, must be payable in United States dollars, and must be
imprinted with American Banking Association routing numbers.
International money orders, and postal money orders that are negotiable
only at a post office are not acceptable. CURRENCY WILL NOT BE
ACCEPTED.

(ii) Copyright Office Deposit Account. The Copyright Office
maintains a system of Deposit Accounts for the convenience of those who
frequently use its services. The system allows an individual or firm to
establish a Deposit Account in the Copyright Office and to make advance
deposits into that account. Deposit Account holders can charge
copyright fees against the balance in their accounts instead of sending
separate remittances with each request for service. For information on
Deposit Accounts please write: Copyright Office, Library of Congress,
Washington, DC 20559-6000, and request a copy of Circular 5, ``How to
Open and Maintain a Deposit Account in the Copyright Office.''

(iii) Credit cards. For URAA filings the Copyright Office will
accept VISA and MasterCard. Debit cards cannot be accepted for payment. With the NIE, a filer using a credit card must submit a separate cover
letter stating the name of the credit card, the credit card number,
the expiration date of the credit card, the total amount, and a signature
authorizing the Office to charge the fees to the account. To protect the
security of the credit card number, the filer must not write the credit
card number on the Notice of Intent to
Enforce.

(f) Public online access.

(1) Almost all of the information contained in the Notice of Intent
to Enforce is available online in the Copyright Office History
Documents (COHD) file through the Library of Congress electronic
information system LC MARVEL through the Internet. Except on Federal
holidays, this information may be obtained on terminals in the
Copyright Office at the Library of Congress Monday through Friday 8:30
a.m. - 5:00 p.m. U.S. Eastern Time or over the Internet Monday - Friday
6:30 a.m. - 9:30 p.m. U.S. Eastern

[[Page 50422]]

Time, Saturday 8:00 a.m. - 5 p.m., and Sunday 1:00 p.m. - 5:00 p.m.

(2) Alternative ways to connect through Internet are: (i) use the
Copyright Office Home Page on the World Wide Web at: http://
lcweb.loc.gov/copyright, (ii) telnet to locis.loc.gov or the numeric
address 140.147.254.3, or (iii) telnet to marvel.loc.gov, or the
numeric address 140.147.248.7 and log in as marvel, or (iv) use a
Gopher Client to connect to marvel.loc.gov.

(3) Information available online includes: the title or brief
description if untitled; an English translation of the title; the
alternative titles if any; the name of the copyright owner or owner of
an exclusive right; the author; the type of work; the date of receipt
of the NIE in the Copyright Office; the date of publication in the
Federal Register; the rights covered by the notice; and the address,
telephone and telefax number (if given) of the copyright owner.

(4) Online records of Notices of Intent to Enforce are searchable
by the title, the copyright owner or owner of an exclusive right, and
the author.

(g) NAFTA work. The copyright owner of a work restored under NAFTA
by the filing of a NAFTA Statement of Intent to Restore with the
Copyright Office prior to January 1, 1995, is not required to file a
Notice of Intent to Enforce under this regulation.

Appendix A to Sec. 201.33--Notice of Intent To Enforce a Copyright
Restored Under the Uruguay Round Agreements Act (URAA)

1. Title:----------------------------------------------------------

(If this work does not have a title, state ``No title.'') OR
Brief description of work (for untitled works only): ________

-------------------------------------------------------------------

2. English translation of title (if applicable):----------------------

3. Alternative title(s) (if any):-------------------------------------

4. Type of work:------------------------------------------------------

(e.g. painting, sculpture, music, motion picture, sound recording,
book)

5. Name of author(s):-------------------------------------------------

6. Source country:----------------------------------------------------

7. Approximate year of publication:-----------------------------------

8. Additional identifying information:--------------------------------

(e.g. for movies; director, leading actors, screenwriter, animator,
for photographs: subject matter; for books; editor, publisher,
contributors, subject matter).

9. Name of copyright owner:-------------------------------------------

(Statements may be filed in the name of the owner of the
restored copyright or the owner of an exclusive right therein.)
10. If you are not the owner of all rights, specify the rights you
own:

----------------------------------------------------------------------

(e.g. the right to reproduce/distribute publicly display/
publicly perform the work, or to prepare a derivative work based on
the work)

11. Address at which copyright owner may be contacted:

----------------------------------------------------------------------
----------------------------------------------------------------------

(Give the complete address, including the country and an
``attention'' line, or ``in care of'' name, if necessary.)

12. Telephone number of owner:----------------------------------------

13. Telefax number of owner:------------------------------------------

14. Certification and Signature:

I hereby certify that, for each of the work(s) listed above, I
am the copyright owner, or the owner of an exclusive right, or the
owner's authorized agent, the agency relationship having been
constituted in a writing signed by the owner before the filing of
this notice, and that the information given herein is true and
correct to the best of my knowledge.

Signature:-------------------------------------------------------------
Name (printed or typed):-----------------------------------------------
As agent for (if applicable):------------------------------------------
Date:------------------------------------------------------------------

Note: Notices of Intent to Enforce must be in English, except
for the original title, and either typed or printed by hand legibly
in dark, preferably black, ink. They should be on 8 1/2'' by 11''
white paper of good quality, with at least a 1-inch (or 3 cm)
margin.

PART 202--REGISTRATION OF CLAIMS TO COPYRIGHT

4. The authority citation for part 202 is revised to read as
follows:

Authority: 17 U.S.C. 702.

5. A new Sec. 202.12 is added to read as follows:

Sec. 202.12 Restored copyrights.

(a) General. This section prescribes rules pertaining to the
registration of foreign copyright claims which have been restored to
copyright protection under section 104A of 17 U.S.C., as amended by the
Uruguay Round Agreements Act, Public Law 103-465.

(b) Definitions. (1) For the purposes of this section, restored
work and source country, have the definition given in the URAA and
Sec. 201.33(b) of this chapter.

(2) Descriptive statement for a work embodied solely in machine-
readable format is a separate written statement giving the title of the
work, nature of the work (for example: computer program, database,
videogame, etc.), plus a brief description of the contents or subject
matter of the work.

(c) Registration. (1) General. Application, deposit, and filing fee
for registering a copyright claim in a restored work under section
104A, as amended, may be submitted to the Copyright Office on or after
January 1, 1996. The application, filing fee, and deposit should be
sent in a single package to the following address: URAA/GATT, NIEs and
Registration, P.O. Box 72400, Southwest Station, Washington, DC 20024,
USA.

(2) GATT Forms. Application for registration for single works
restored to copyright protection under URAA should be made on Form
GATT. Application for registration for a group of works published under
a single series title and published within the same calendar year
should also be made on Form GATT. Application for a group of at least
two and up to ten individual and related works as described in
paragraph (c)(5)(ii) of this section should be made on Form GATT/GRP.
GATT/URAA forms may be obtained by writing or calling the Copyright
Office Hotline at (202) 707-9100. In addition, legible photocopies of
these forms are acceptable if reproduced on good quality, 8\1/2\ by 11
inch white paper, and printed head to head so that page two is printed
on the back of page one.

(3) Fee.

(i) Amount. The filing fee for registering a copyright claim in a
restored work is 20 U.S. dollars. The filing fee for registering a
group of multiple episodes under a series title under paragraph
(c)(5)(i) of this section is also $20. The filing fee for registering a
group of related works under paragraph (c)(5)(ii) of this section is 10
U.S. dollars per individual work.

(ii) Method of payment.

(A) Checks, money orders, or bank drafts. The Copyright Office will
accept checks, money orders, or bank drafts made payable to the
Register of Copyrights. Remittances must be redeemable without service
or exchange fees through a United States institution, must be payable
in United States dollars, and must be imprinted with American Banking
Association routing numbers. In addition, international money orders,
and postal money orders that are negotiable only at a post office are
not acceptable. CURRENCY WILL NOT BE ACCEPTED.

(B) Copyright Office Deposit Account. The Copyright Office
maintains a system of Deposit Accounts for the convenience of those who
frequently use its services. The system allows an individual or firm to
establish a Deposit Account in the Copyright Office and to make advance
deposits into that account. Deposit Account holders can charge
copyright fees against the balance in their accounts instead of sending
separate remittances with each request for service. For information on
Deposit Accounts please write: Register of Copyrights, Copyright
Office, Library of Congress, Washington, DC 20559, and request a copy
of Circular 5, ``How to Open and Maintain a Deposit Account in the
Copyright Office.''

(C) Credit cards. For URAA registrations the Copyright Office will
accept VISA and MasterCards, and American Express. Debit cards cannot be
accepted for payment. With the registration

[[Page 50423]]

application, an applicant using a credit card must submit a separate
cover letter stating the name of the credit card, the credit card
number, the expiration date of the credit card, the total amount
authorized and a signature authorizing the Office to charge the fees to
the account. To protect the security of the credit card number, the
applicant must not write the credit card number on the registration
application.

(4) Deposit.

(i) General. The deposit for a work registered as a restored work
under the amended section 104A, except for those works listed in
paragraphs (c)(4)(ii) through (iv) of this section, should consist of
one copy or phonorecord which best represents the copyrightable content
of the restored work. In descending order of preference, the deposit
should be:

(A) The work as first published;

(B) A reprint or re-release of the work as first published;

(D) A revised version which includes a substantial amount of the
copyrightable content of the restored work with an indication in
writing of the percentage of the restored work appearing in the
revision.

(ii) Previously registered works. No deposit is needed for works
previously registered in the Copyright Office.

(iii) Works embodied solely in machine-readable format. For works
embodied only in machine-readable formats, the deposit requirements are
as follows:

(A) One machine-readable copy and a descriptive statement of the
work; or

(B) Representative excerpts of the work, such as printouts; or, if
the claim extends to audiovisual elements in the work, a videotape of
what appears on the screen.

(iv) Pictorial, graphic and sculptural works. With the exception of
3-dimensional works of art, the general deposit preferences specified
under paragraph (c)(4)(i) of this section shall govern. For 3-
dimensional works of art, the preferred deposit is one or more
photographs of the work, preferably in color.

(v) Special relief. An applicant who is unable to submit any of the
preferred deposits may seek an alternative deposit under special relief
(37 CFR 202.20(d)). In such a case, the applicant should indicate in
writing why the deposit preferences cannot be met, and submit
alternative identifying materials clearly showing some portion of the
copyrightable contents of the restored work which is the subject of
registration.

(vi) Motion pictures. If the deposit is a film print (16 or 35 mm),
the applicant should contact the Performing Arts Section of the
Examining Division for delivery instructions. The telephone number is:
(202) 707-6040; the telefax number is: (202) 707-1236.

(5) Group registration. Copyright claims in more than one restored
work may be registered as a group in the following circumstances:

(i) Single series title. Works published under a single series
title in multiple episodes, installments, or issues during the same
calendar year may be registered as a group, provided the owner of U.S.
rights is the same for all episodes, installments, or issues. The Form
GATT should be used and the number of episodes or installments should
be indicated in the title line. The filing fee for registering a group
of such works is $20. In general, the deposit requirements applicable
to restored works will be applied to the episodes or installments in a
similar fashion. In the case of a weekly or daily television series,
applicants should first contact the Performing Arts Section of the
Examining Division. The telephone number is (202) 707-6040; the telefax
number is (202) 707-1236.
(ii) Group of related works. A group of related works may be
registered on the Form GATT/GRP, provided the following conditions are
met: the author(s) is the same for all works in the group; the owner of
all United States rights is the same for all works in the group; all
works must have been published in the same calendar year; all works fit
within the same subject matter category, i.e., literary works, musical
works, motion pictures, etc.; and there are at least two and not more
than ten individual works in the group submitted. Applicants
registering a group of related works must file for registration on the
Form GATT/GRP. The filing fee for registering a group of related works
is ten dollars per individual work.

(d) Works excluded. Works which are not copyrightable subject
matter under title 17 of the U.S. Code, other than sound recordings
fixed before February 15, 1972, shall not be registered as restored
copyrights.

Dated: September 25, 1995.

Marybeth Peters,
Register of Copyrights.

Approved by:
James H. Billington,
The Librarian of Congress.

[FR Doc. 95-24244 Filed 9-28-95; 8:45 am]

***9/29/95***

*****

U.S. Copyright Office, WIPO Copyright Treaty

WIPO COPYRIGHT TREATY
adopted by the Diplomatic Conference on December 20, 1996

Contents

Preamble
Article 1: Relation to the Berne Convention
Article 2: Scope of Copyright Protection
Article 3: Application of Articles 2 to 6 of the Berne Convention
Article 4: Computer Programs
Article 5: Compilations of Data (Databases)
Article 6: Right of Distribution
Article 7: Right of Rental
Article 8: Right of Communication to the Public
Article 9: Duration of the Protection of Photographic Works
Article 10: Limitations and Exceptions
Article 11: Obligations concerning Technological Measures
Article 12: Obligations concerning Rights Management Information
Article 13: Application in Time
Article 14: Provisions on Enforcement of Rights
Article 15: Assembly
Article 16: International Bureau
Article 17: Eligibility for Becoming Party to the Treaty
Article 18: Rights and Obligations under the Treaty
Article 19: Signature of the Treaty
Article 20: Entry into Force of the Treaty
Article 21: Effective Date of Becoming Party to the Treaty
Article 22: No Reservation to the Treaty
Article 23: Denunciation of the Treaty
Article 24: Languages of the Treaty
Article 25: Depositary

Preamble

The Contracting Parties,

Desiring to develop and maintain the protection of the rights of authors
in their literary and artistic works in a manner as effective and
uniform as possible,

Recognizing the need to introduce new international rules and clarify
the interpretation of certain existing rules in order to provide
adequate solutions to the questions raised by new economic, social,
cultural and technological developments,

Recognizing the profound impact of the development and convergence of
information and communication technologies on the creation and use of
literary and artistic works,

Emphasizing the outstanding significance of copyright protection as an
incentive for literary and artistic creation,

Recognizing the need to maintain a balance between the rights of authors
and the larger public interest, particularly education, research and
access to information, as reflected in the Berne Convention,

Have agreed as follows:

Article 1

Relation to the Berne Convention

(1) This Treaty is a special agreement within the meaning of Article 20
of the Berne Convention for the Protection of Literary and Artistic
Works, as regards Contracting Parties that are countries of the Union
established by that Convention. This Treaty shall not have any
connection with treaties other than the Berne Convention, nor shall it
prejudice any rights and obligations under any other treaties.

(2) Nothing in this Treaty shall derogate from existing obligations that
Contracting Parties have to each other under the Berne Convention for
the Protection of Literary and Artistic Works.

(3) Hereinafter, "Berne Convention" shall refer to the Paris Act of July
24, 1971 of the Berne Convention for the Protection of Literary and
Artistic Works.

(4) Contracting Parties shall comply with Articles 1 to 21 and the
Appendix of the Berne Convention.

Article 2

Scope of Copyright Protection

Copyright protection extends to expressions and not to ideas,
procedures, methods of operation or mathematical concepts as such.

Article 3

Application of Articles 2 to 6 of the Berne Convention Contracting
Parties shall apply mutatis mutandis the provisions of Articles 2 to 6
of the Berne Convention in respect of the protection provided for in
this Treaty.

Article 4

Computer Programs

Computer programs are protected as literary works within the meaning of
Article 2 of the Berne Convention. Such protection applies to computer
programs, whatever may be the mode or form of their expression.

Article 5

Compilations of Data (Databases)

Compilations of data or other material, in any form, which by reason of
the selection or arrangement of their contents constitute intellectual
creations, are protected as such. This protection does not extend to the
data or the material itself and is without prejudice to any copyright
subsisting in the data or material contained in the compilation.

Article 6

Right of Distribution

(1) Authors of literary and artistic works shall enjoy the exclusive
right of authorizing the making available to the public of the original
and copies of their works through sale or other transfer of ownership.

(2) Nothing in this Treaty shall affect the freedom of Contracting
Parties to determine the conditions, if any, under which the exhaustion
of the right in paragraph (1) applies after the first sale or other
transfer of ownership of the original or a copy of the work with the
authorization of the author.

Article 7

Right of Rental

(1) Authors of:
(i) computer programs;
(ii) cinematographic works; and
(iii) works embodied in phonograms as determined in the national law of
Contracting Parties,

shall enjoy the exclusive right of authorizing commercial rental to the
public of the originals or copies of their works.

(2) Paragraph (1) shall not apply:
(i) in the case of computer programs where the program itself is not the
essential object of the rental; and
(ii) in the case of cinematographic works, unless such commercial rental
has led to widespread copying of such works materially impairing the
exclusive right of reproduction.

(3) Notwithstanding the provisions of paragraph (1), a Contracting Party
that, on April 15, 1994, had and continues to have in force a system of
equitable remuneration of authors for the rental of copies of their
works embodied in phonograms may maintain that system provided that the
commercial rental of works embodied in phonograms is not giving rise to
the material impairment of the exclusive rights of reproduction of
authors.

Article 8

Right of Communication to the Public

Without prejudice to the provisions of Articles 11(1)(ii), 11bis(1)(i)
and (ii), 11ter(1)(ii), 14(1)(ii) and 14bis(1) of the Berne Convention,
authors of literary and artistic works shall enjoy the exclusive right
of authorizing any communication to the public of their works, by wire
or wireless means, including the making available to the public of their
works in such a way that members of the public may access these works
from a place and at a time individually chosen by them.

Article 9

Duration of the Protection of Photographic Works In respect of
photographic works, the Contracting Parties shall not apply the
provisions of Article 7(4) of the Berne Convention.

Article 10

Limitations and Exceptions

(1) Contracting Parties may, in their national legislation, provide for
limitations of or exceptions to the rights granted to authors of
literary and artistic works under this Treaty in certain special cases
that do not conflict with a normal exploitation of the work and do not
unreasonably prejudice the legitimate interests of the author.

(2) Contracting Parties shall, when applying the Berne Convention,
confine any limitations of or exceptions to rights provided for therein
to certain special cases that do not conflict with a normal exploitation
of the work and do not unreasonably prejudice the legitimate interests
of the author.

Article 11

Obligations concerning Technological Measures

Contracting Parties shall provide adequate legal protection and
effective legal remedies against the circumvention of effective
technological measures that are used by authors in connection with the
exercise of their rights under this Treaty or the Berne Convention and
that restrict acts, in respect of their works, which are not authorized
by the authors concerned or permitted by law.

Article 12

Obligations concerning Rights Management Information

(1) Contracting Parties shall provide adequate and effective legal
remedies against any person knowingly performing any of the following
acts knowing or, with respect to civil remedies having reasonable
grounds to know, that it will induce, enable, facilitate or conceal an
infringement of any right covered by this Treaty or the Berne
Convention:

(i) to remove or alter any electronic rights management information
without authority;

(ii) to distribute, import for distribution, broadcast or communicate to
the public, without authority, works or copies of works knowing that
electronic rights management information has been removed or altered
without authority.

(2) As used in this Article, "rights management information" means
information which identifies the work, the author of the work, the owner
of any right in the work, or information about the terms and conditions
of use of the work, and any numbers or codes that represent such
information, when any of these items of information is attached to a
copy of a work or appears in connection with the communication of a work
to the public.

Article 13

Application in Time

Contracting Parties shall apply the provisions of Article 18 of the
Berne Convention to all protection provided for in this Treaty.

Article 14

Provisions on Enforcement of Rights

(1) Contracting Parties undertake to adopt, in accordance with their
legal systems, the measures necessary to ensure the application of this
Treaty.

(2) Contracting Parties shall ensure that enforcement procedures are
available under their law so as to permit effective action against any
act of infringement of rights covered by this Treaty, including
expeditious remedies to prevent infringements and remedies which
constitute a deterrent to further infringements.

Article 15

Assembly

(1)
(a) The Contracting Parties shall have an Assembly.

(b) Each Contracting Party shall be represented by one delegate who may
be assisted by alternate delegates, advisors and experts.

(c) The expenses of each delegation shall be borne by the Contracting
Party that has appointed the delegation. The Assembly may ask the World
Intellectual Property Organization (hereinafter referred to as "WIPO")
to grant financial assistance to facilitate the participation of
delegations of Contracting Parties that are regarded as developing
countries in conformity with the established practice of the General
Assembly of the United Nations or that are countries in transition to a
market economy.

(2)
(a) The Assembly shall deal with matters concerning the maintenance
and development of this Treaty and the application and operation of this
Treaty.

(b) The Assembly shall perform the function allocated to it under
Article 17(2) in respect of the admission of certain intergovernmental
organizations to become party to this Treaty.

(c) The Assembly shall decide the convocation of any diplomatic
conference for the revision of this Treaty and give the necessary
instructions to the Director General of WIPO for the preparation of such
diplomatic conference.

(3)
(a) Each Contracting Party that is a State shall have one vote and
shall vote only in its own name.

(b) Any Contracting Party that is an intergovernmental organization may
participate in the vote, in place of its Member States, with a number of
votes equal to the number of its Member States which are party to this
Treaty. No such intergovernmental organization shall participate in the
vote if any one of its Member States exercises its right to vote and
vice versa.

(4) The Assembly shall meet in ordinary session once every two years
upon convocation by the Director General of WIPO.

(5) The Assembly shall establish its own rules of procedure, including
the convocation of extraordinary sessions, the requirements of a quorum
and, subject to the provisions of this Treaty, the required majority for
various kinds of decisions.

Article 16

International Bureau

The International Bureau of WIPO shall perform the administrative tasks
concerning the Treaty.

Article 17

Eligibility for Becoming Party to the Treaty

(1) Any Member State of WIPO may become party to this Treaty.

(2) The Assembly may decide to admit any intergovernmental organization
to become party to this Treaty which declares that it is competent in
respect of, and has its own legislation binding on all its Member States
on, matters covered by this Treaty and that it has been duly authorized,
in accordance with its internal procedures, to become party to this
Treaty.

(3) The European Community, having made the declaration referred to in
the preceding paragraph in the Diplomatic Conference that has adopted
this Treaty, may become party to this Treaty.

Article 18

Rights and Obligations under the Treaty

Subject to any specific provisions to the contrary in this Treaty, each
Contracting Party shall enjoy all of the rights and assume all of the
obligations under this Treaty.

Article 19

Signature of the Treaty

This Treaty shall be open for signature until December 31, 1997, by any
Member State of WIPO and by the European Community.

Article 20

Entry into Force of the Treaty

This Treaty shall enter into force three months after 30 instruments of
ratification or accession by States have been deposited with the
Director General of WIPO.

Article 21

Effective Date of Becoming Party to the Treaty

This Treaty shall bind

(i) the 30 States referred to in Article 20, from the date on which this
Treaty has entered into force;

(ii) each other State from the expiration of three months from the date
on which the State has deposited its instrument with the Director
General of WIPO;

(iii) the European Community, from the expiration of three months after
the deposit of its instrument of ratification or accession if such
instrument has been deposited after the entry into force of this Treaty
according to Article 20, or, three months after the entry into force of
this Treaty if such instrument has been deposited before the entry into
force of this Treaty;

(iv) any other intergovernmental organization that is admitted to become
party to this Treaty, from the expiration of three months after the
deposit of its instrument of accession.

Article 22

No Reservations to the Treaty

No reservation to this Treaty shall be admitted.

Article 23

Denunciation of the Treaty

This Treaty may be denounced by any Contracting Party by notification
addressed to the Director General of WIPO. Any denunciation shall take
effect one year from the date on which the Director General of WIPO
received the notification.

Article 24

Languages of the Treaty

(1) This Treaty is signed in a single original in English, Arabic,
Chinese, French, Russian and Spanish languages, the versions in all
these languages being equally authentic.

(2) An official text in any language other than those referred to in
paragraph (1) shall be established by the Director General of WIPO on
the request of an interested party, after consultation with all the
interested parties. For the purposes of this paragraph, "interested
party" means any Member State of WIPO whose official language, or one of
whose official languages, is involved and the European Community, and
any other intergovernmental organization that may become party to this
Treaty, if one of its official languages is involved.

Article 25

Depositary

The Director General of WIPO is the depositary of this Treaty.

U.S. Copyright Office

*** End of this LibraryBlog Digital Book "Supplementary Copyright Statutes, US Copy. Office" ***

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