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+The Project Gutenberg EBook of Supplementary Copyright Statutes, by 
+Library of Congress.  Copyright Office. and United States
+
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever.  You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org
+
+
+Title: Supplementary Copyright Statutes
+
+Author: Library of Congress.  Copyright Office.
+        United States
+
+Posting Date: August 8, 2009 [EBook #4365]
+Release Date: August, 2003
+First Posted: January 15, 2002
+
+Language: English
+
+Character set encoding: ASCII
+
+*** START OF THIS PROJECT GUTENBERG EBOOK SUPPLEMENTARY COPYRIGHT STATUTES ***
+
+
+
+
+Produced by George Davis
+
+
+
+
+
+
+
+
+
+
+Supplemental Copyright Information
+
+As Published by The United States Copyright Office (USCO)
+
+
+
+Included in this Project Gutenberg etext are the following items,
+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
+
+Copyright Notice
+
+========================================================================
+
+
+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+originally enacted in the 1976 Copyright Act (title 17, U.S. Code),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.
+
+
+COPYRIGHT NOTICE NOT REQUIRED ON UNPUBLISHED WORKS
+
+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:
+
+                    Copyright 1972 Bobby Eroica Dupea
+                Copyright Renewed 1999 by Rayette Depesto
+
+
+
+==============================
+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 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
+
+
+
+--------
+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."
+
+
+Copyright Notice
+
+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
+
+Copyright Office
+
+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, <SUP>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.
+<SUP>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. <SUP>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. <SUP>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 <SUP>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.''
+<SUP>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) <SUP>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.<SUP>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 <SUP>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.<SUP>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
+
+    (C) Lack of national eligibility; and
+
+    (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;
+
+    (C) Alternative titles if any;
+
+    (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);
+
+    (C) Source country;
+
+    (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;
+
+    (C) A photocopy or identical reproduction of the work as first
+published; or
+
+    (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 the Project Gutenberg EBook of Supplementary Copyright Statutes, by 
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