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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. 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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 Etext of Some Copyright Statutes +by United States Copyright Office + |