[Federal Register Volume 60, Number 189 (Friday, September 29, 1995)]
[Rules and Regulations]
[Pages 50414-50423]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24244]



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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

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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. 104A which 
restores copyright in certain foreign works. The URAA also gives the 
Copyright Office several responsibilities related to restoration of 
those works.

A. Restoration of Copyright in Eligible Works

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

[[Page 50415]]
the World Trade Organization, or is the subject of a presidential 
proclamation declaring its eligibility.

    \1\ Convention concerning the creation of an International Union 
for the Protection of Literary and Artistic Works (Sept. 9, 1886, 
revised in 1908, 1928, 1948, 1967, 1971), hereinafter cited as the 
Berne Convention.
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    Works from any source country eligible under the URAA may be 
subject to automatic copyright restoration. However, to be so restored, 
a work must meet certain other requirements:
    1. It is not in the public domain in its source country through 
expiration of the term of protection;
    2. It is in the public domain in the United States due to 
noncompliance with formalities imposed at any time by United States 
copyright law, lack of subject matter protection in the case of sound 
recordings fixed before February 15, 1972, or lack of national 
eligibility;
    3. It has at least one author or rightholder who was, at the time 
the work was created, a national or domiciliary of an eligible country;
    4. If published, it was first published in an eligible country and 
was not published in the United States during the 30-day period 
following publication in such eligible country.
    Notwithstanding the fact that the work meets the above 
requirements, any work ever owned or administered by the Alien Property 
Custodian and in which the restored copyright would be owned by a 
government or instrumentality thereof, is not a restored work.

B. Effective Date of Restoration

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

II. The Copyright Office's Responsibilities

    Although copyright restoration is automatic for eligible works, the 
URAA charged the Office with establishing regulations to govern the 
filing of Notices of Intent to Enforce (NIEs) restored copyrights and 
the registering of copyright claims in restored works by no later than 
October 1, 1995.
    The Act also requires the Office to publish a list in the Federal 
Register identifying restored works and their ownership where NIEs have 
been filed with the Office. The Office must also maintain a list 
containing all NIEs for inspection and copying by the public.

A. Notices of Intent To Enforce

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

    \2\ This is true for the great majority of works. However, for 
works from any country which was not eligible under the URAA as of 
December 8, 1994, reliance parties would be those using the work 
before the date on which that country becomes an eligible country by 
joining Berne, the WTO, or as a result of a Presidential 
proclamation.
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2. Effective Filing Date
    A work whose source country is a member of the Berne Convention or 
the World Trade Organization on January 1, 1996, is restored on that 
date. The owner of such a work may file a NIE concerning that work 
between January 1, 1996, and December 31, 1997. The Office will publish 
the first listing of NIEs no later than May 1, 1996, and will publish 
lists at regular four-month intervals for a period of two years 
thereafter.
    In the case of works from any source country which became eligible 
for restoration under the URAA after January 1, 1996, owners of such 
works may file NIEs with the Copyright Office for a two year period 
starting from the date that country became eligible. The Office will 
also publish a list of NIEs as detailed above, for works from any of 
those countries, but the time frame for such lists will be measured 
from the date a particular country becomes eligible.
3. Effect of Notice on Reliance Party
    A reliance party has a twelve-month period to sell off previously 
manufactured stock, to publicly perform or display the work, or to 
authorize others to conduct these activities. This period begins when 
the owner of a restored work notifies the reliance party that the owner 
is enforcing copyright in the identified work. The date runs from 
either the date of publication in the Federal Register identifying the 
work or receipt of actual notice. If Notice of Intent to Enforce a 
Restored Copyright is provided both by publication in the Federal 
Register and service on the reliance party, the period runs from 
whichever date is the earlier, the date of Federal Register publication 
or service of actual notice. All reliance parties, except those who 
created certain derivative works, must cease using the work at the end 
of the twelve-month period unless they reach a licensing agreement with 
the copyright owner for continued use of the restored work.

B. Registration of Copyright Claims in Restored Works

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

    \3\ It would seem that this exception would apply only to works 
that meet the definition of a ``Berne Convention work'' in 17 U.S.C. 
101.
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    It is true that the holder of a copyright certificate of 
registration may secure some procedural advantages in litigating a 
copyright suit based on the effective date of registration. If 
registration is made before or within 5 years of publication, it will 
establish prima facie evidence in court of the validity of the 
copyright and of the facts stated in the certificate; and if 
registration is made within 3 months after publication of the work or 
prior to an infringement of the work, statutory damages and attorney's 
fees will be available to the copyright owner in court actions. 
Otherwise, only an award of actual damages and profits is available to 
the copyright owner.

III. The Comments

A. Comments Submitted

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

[[Page 50416]]
related to NIEs and registration of restored works. 60 FR 7793 (Feb. 9, 
1995). The Office sent this notice to over ninety authors rights 
organizations and industry groups, as well as 182 foreign government 
agencies with copyright authority, to give them the opportunity to 
respond. Approximately forty individuals attended the meeting, 
including representatives from authors' rights organizations, museums, 
the publishing industry, the film industry, and the computer software 
industry. 4 Fifteen written comments were submitted. The Office 
considered all of these views as it developed proposed procedures for 
the filing of NIEs and the registering of copyright claims in restored 
works. On July 10, the Office published proposed regulations in the 
Federal Register. 60 FR 35522 (July 10, 1995).

    \4\ A copy of all written comments and a summary of the meeting 
can be found in the Public Information Office of the Copyright 
Office, Room LM-401, James Madison Memorial Building, Washington, 
D.C.
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    In the Notice of Proposed Rulemaking, the Office invited interested 
parties to submit written comments on the proposed regulations. The 
Office received comments from the following parties: The Association of 
American Publishers (AAP); Irwin Karp; Janine Lorente, for Societe des 
Auteurs et Compositeurs Dramatiques (SACD); Nancy McAleer, for Thomson 
& Thomson; Bill Patry; David Pierce; Linda Shaughnessy, for AP Watt 
Ltd. Literary Agents; Ellen Theg, for International Television Trading 
Corp.; and Richard Wincor, of Coudert Brothers.
    The Office notes that some of the comments received in response to 
the NPRM had already been addressed, and some called for minor 
clarifications that have been made to the final regulations. Other 
comments, whether raised for the first or second time, raise 
substantive issues that are discussed below.

B. Issues Related to Notices of Intent To Enforce

1. Formality
    Ms. Shaughnessy stated that since copyright restoration is to occur 
automatically, the procedures for filing NIEs are exceptionally 
onerous. She asserted it should be sufficient to file one NIE for all 
of the titles of one author. Ms. Shaughnessy illustrated her point by 
noting that she will be filing for 73 authors, but there will be 
hundreds of titles involved. Comment 3. Ms. Lorente asserted that the 
NIE is a formality in violation of at least the spirit of Berne and 
that because reliance parties are free to continue to exploit restored 
works in the United States unless a NIE is filed, an author cannot 
exercise his or her rights in the restored work automatically. Comment 
5, at 1.
    The Copyright Office again emphasizes that the restoration of 
copyright in certain foreign works considered in the public domain in 
the United States creates a conflict between reliance parties' and 
copyright owners' legitimate concerns. Reliance parties have invested 
capital and labor in the lawful exploitation of public domain property; 
the sudden restoration of copyright divests them of these investments. 
Without some provision addressing this potential loss, there could be 
challenges based on the ``taking'' clause of the Fifth Amendment of the 
U.S. Constitution. On the other hand, it is important that the United 
States restore copyright protection in certain foreign works. The 
United States arguably failed to conform its law fully to the Berne 
Convention in 1989 when it declined to interpret Article 18(1) on 
restoration 5 as being mandatory. The U.S. Justice Department in 
its review of the URAA legislation concluded that under existing 
precedents interpreting the Fifth Amendment, the Notice of Intent to 
Enforce the Restored Copyright avoided an unconstitutional ``taking.'' 
6 Thus, the Justice Department considered these provisions as 
critical.

    \5\ This Convention shall apply to all works which, at the 
moment of its coming into force, have not yet fallen into the public 
domain in the country of origin through the expiry of the term of 
protection. Berne Convention art. 18(1)(Paris text).
    \6\ See Memorandum from Chris Schroeder, Counsellor to the 
Assistant Attorney General, Office of Legal Counsel, United States 
Dept. of Justice to Ira S. Shapiro, General Counsel, USTR, on 
Whether Certain Copyright Provisions in the Draft Legislation to 
Implement the Uruguay Round of Multilateral Trade Negotiations Would 
Constitute a Taking Under the Fifth Amendment (July 29, 1994).
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    We believe that such a filing is not inconsistent with the Berne 
Convention because Article 18(3) 7 of the Berne Convention 
specifically permits member nations to determine ``conditions'' for 
applying the principles of restoration. Copyright restoration occurs 
automatically; the URAA merely creates a narrow set of conditions 
requiring notification to reliance parties. Moreover, the information 
sought on the NIEs is calculated to assist in the voluntary licensing 
of the restored work. The decision of Congress to enact these 
provisions is, therefore, supported by the legitimate interests of both 
reliance parties and copyright owners, by constitutional 
considerations, and by Article 18(3) of the Berne Convention.

    \7\ The application of this principle shall be subject to any 
provisions contained in special conventions to that effect existing 
or to be concluded between countries of the Union. In the absence of 
such provisions, the respective countries shall determine, each in 
so far as it is concerned, the conditions of application of this 
principle. Berne Convention art. 18(3) (Paris text).
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    The Office has tried, however, to make the procedures for filing 
NIEs practical, realizing that too detailed requirements would burden 
the owner and that too general ones would serve neither the owner nor 
the user of the restored work.
    The Office also notes that the URAA makes such filings less onerous 
by permitting the owner to notify all reliance parties of a restored 
work by filing in one central place, the Copyright Office. Only if the 
owner does not file with the Copyright Office within the appropriate 
time period, as detailed above, must the owner provide actual notice to 
each user of a restored work in order to enforce rights.
    The Office is permitting an owner of multiple works to file one NIE 
if each work is identified by title, has the same author, is owned by 
the same identified copyright owner or owner of an exclusive right, and 
the rights owned are the same.
2. Effective Date
    Mr. Patry stated that January 1, 1995, is the initial date of 
copyright restoration. Comment 2, at 1. Mr. Karp asserted that the 
effective date of 104(A) is December 8, 1994, but that first 
restoration of copyrights will occur on January 1, 1996. Comment 8, at 
2. The Office reaffirms its recognition of January 1, 1996, as the 
effective date of initial copyright restoration.
3. Minor Errors or Omissions
    Ms. Lorente noted that it is often impossible for foreign authors 
to know the English language title under which a work is being 
exploited, especially as it is often not a literal translation. She, 
therefore, asked that a NIE not be invalidated if it gives the literal 
translation of the foreign title, and later it is determined that the 
English language title under which the work is exploited is different 
from the one given in the NIE. Comment 5, at 2.
    All information on the NIE other than the original title of the 
foreign work must be completed in English. The law requires that an 
English translation of a foreign title be given on the NIE; it does not 
specify that it be the English title under which the work was 
exploited.
    The Copyright Office will record the NIE under the titles that are 
provided; ultimately only a court can determine the validity of a NIE. 
However, the Office believes that a reasonable construction of the 
statute's 

[[Page 50417]]
requirements would permit good faith discrepancies in the English 
translation.
    Furthermore, the URAA allows a party who has filed a NIE with the 
Copyright Office to correct minor errors or omissions by further notice 
at any time after the NIE is filed. The procedures and fees are the 
same for filing a NIE which corrects a previously filed NIE, except 
that the party making the correction should refer to previous NIE's 
volume and page number in the Copyright Office Documents Records, if 
known, on the corrected NIE.
4. Additional Information
    The AAP asked the Office to require copyright owners to expand on 
the information contained in the NIEs, such as the format on which 
first the work was fixed (film, disk, etc.), contributors (editors, 
publishers, or director, animator, screenwriter, cinematographer, etc.) 
and for photographs, collections, etc. a description (material/
subjects, organization, and/or classification). The AAP also asked the 
Office to request an e-mail address, names and addresses of any agents, 
representatives, or collecting societies that can serve as licensing 
authorities. The AAP suggested that the Office consider incentives such 
as fee discounts, for those providing more complete information. 
Comment 7, at 6-8. Ms. Theg asked that the year of creation be included 
in the NIE instead of the year of publication, since she believed it to 
be more consistently available. Comment 9, at 2.
    The Office has incorporated some of the AAP's suggestions into the 
NIE format and hopes it has struck an appropriate balance in its NIE by 
requesting information helpful to reliance parties, while not burdening 
the filer of the NIE with lengthy and detailed suggested information.
5. Accessible and Useful Public Record
    The URAA requires the Copyright Office to publish the titles and 
owners of restored works in the Federal Register. Since publication in 
the Federal Register is costly and the parties indicated that such 
information would not be as accessible as information made available 
via the Internet, the Office is limiting the information published in 
the Federal Register to what the law requires. Much of the information 
contained in the NIE will be available on COPICS, the Copyright 
Office's automated database of registrations and recorded copyright 
transfers and other documents. These records may be accessed by the 
public on terminals in the Copyright Office at the Library of Congress 
and are also available via the Internet.
    Since Internet access is not universal, Ms. Lorente asked that 
other means of getting information about NIEs, including written 
inquiries to the Copyright Office, should not be excluded. Comment 5, 
at 3. The AAP stated that it would be useful if the database could be 
searched in directories that listed all works restored in a particular 
country of origin. Comment 7, at 11. The AAP also asked that each work/
title be given in a separate entry in the database. Comment 7, at 9.
    Traditional search methods will continue to be available; NIEs may 
be searched in the COPICS database under the name of the owner, the 
titles it contains, as well as the names of the authors, if given. 
Although the Office will not index works by country of origin in the 
COPICS database or provide separate entries in the database for 
multiple works listed on one NIE, each work can be easily identified 
since the database is searchable by title, author, and the owner or 
owner of an exclusive right.
    Finally, though online access will be the primary means for 
providing this information to the public, upon request the Copyright 
Office staff will search the records at the rate of $20 for each hour 
or fraction thereof and furnish a written report. Search requests 
should be sent to the Reference and Bibliography Section, Copyright 
Office, Library of Congress, Washington, D.C. 20559-6000. In addition, 
individuals may come to the Office and do their own search free of 
charge.
6. Filing Fee
    Ms. Lorente stated that restoration of copyright should be 
automatic, and without a fee, comment 5, at 3, and Ms. Shaughnessy 
asked that only one fee be charged for all the works of an author. 
Comment 3.
    The Office notes that all of the works involved have been 
considered in the public domain in the United States. The URAA provides 
that restoration of eligible works is automatic, and a NIE may be filed 
directly on a reliance party. However, a notice which is effective 
against all reliance parties may be filed with the Copyright Office. 
The Office must examine and record that notice, issue an 
acknowledgement, create a catalog entry that includes among other 
things all the titles, publish the information in the Federal Register, 
and maintain the online catalog of the information. The URAA gives the 
Office authority to fix reasonable fees based on these costs.
    The Office realizes that requiring a filing on each work of an 
author will be onerous and we will permit multiple works meeting the 
criteria described in our regulations to be filed on one notice for a 
lesser fee.
7. Acknowledgement
    Ms. Lorente, Mr. Pierce and Ms. Theg all asserted that it is 
essential that the Copyright Office confirm the filing of a NIE. Ms. 
Lorente stated that it is very important that an author or agent have a 
document providing that he or she has complied with the URAA's 
provisions. See comment 5, at 2; comment 6, at 1; and comment 9, at 3. 
Ms. McAleer stressed that the acknowledgement of the recording of a NIE 
is an essential service because of the possibility that the NIE may be 
misplaced, causing its publication in the Federal Register to be 
delayed. Comment 4.
    The Office will mail an acknowledgement of recordation to the filer 
of a NIE, including the date of receipt, the volume and page on which 
the NIE is recorded, and the anticipated date of publication in the 
Federal Register. The Office will not issue a certificate of 
recordation. Completed recordations will appear in the COPICS database 
and the Federal Register.
8. Transfers
    Mr. Pierce asked that the Office require NIE filers, other than the 
author, to reference documents of transfer by date, parties and rights 
transferred, if any. He stated that this would decrease fraud and be 
less burdensome than filing the agreements with the Documents Unit of 
the Copyright Office. Comment 6, at 2.
    While the Copyright Office agrees that such a requirement might be 
useful, it cannot adopt this requirement since it is not authorized by 
the URAA.
9. Federal Register Publication
    The AAP agreed that, compared to the online database, the lists 
published in the Federal Register would be of secondary importance. AAP 
suggested, however, that the Federal Register entry also include the 
name of the author if possible. Comment 7, at 11.
    In order to minimize costs, the Office has concluded that only the 
minimum information (title, name of the first owner or owner of an 
exclusive right identified on the NIE), will be included in the list of 
NIEs published in the Federal Register. 

[[Page 50418]]


C. Issues Related to Registration of a Restored Work

1. Simultaneous Registration
    Ms. Lorente asserted that registration is a second formality, and 
asked for simultaneous filing of NIEs and registration of copyright 
claims. She also argued both should be automatic and at no additional 
cost. Comment 5, at 2. Ms. Theg asked that the application for 
registration be modified to include the additional information 
requested in the NIE so that the NIE filing requirements could be 
satisfied at the time of making an application for registration. 
Comment 9, at 1.
    As discussed earlier, procedures permitting the copyright 
registration of restored works are not formalities in violation of the 
Berne Convention. Registration is entirely voluntary for Berne works 
since copyright registration of restored works is not a prerequisite 
for the filing of a copyright infringement action. Registration of a 
claim in a work involves significant additional work and by law 
requires a fee. The Office has, however, attempted to keep the 
processing work and the fees to a minimum.
2. New URAA Related Registration Procedures
    Mr. Pierce observed that registration, especially of motion 
pictures, is often very burdensome for foreign works, because of the 
difficulty in determining original publication dates and in submitting 
a copy of the work as first released. He concluded that applications 
will be filed for only a small percentage of the works unless the 
Office considers adopting more liberal deposit requirements such as 
accepting PAL, SECAM, VHS formats or written descriptions, allowing the 
registration of related works with multiple publication dates on one 
application, accepting approximate publication dates, and accepting a 
previously submitted deposit instead of requiring a new deposit. 
Comment 6, at 2. Ms. Theg asked that deposit requirements be waived 
entirely. Comment 9, at 2.
    On the other side, the AAP questioned the necessity for changes in 
the existing registration and recordation systems. If such changes are 
made, the AAP asserted that they should not create precedent for other 
registration and deposit practices. The AAP also questioned the need 
for procedures allowing blanket exemptions in some instances for 
depositing materials, accepting descriptive materials instead of a copy 
of the work, and allowing certain collections such as photos or TV 
series to be given a single identifying group name or title. The AAP is 
concerned that these procedures will make it difficult for reliance 
parties to identify restored works and comply with the law. The AAP 
asked that the Office instead deal with special situations on a case-
by-case basis. Comment 7, at 12-16.
    The procedures developed for the registration of copyright claims 
for restored works must both balance the needs of applicants for 
copyright registration, reliance parties, the public, and the Copyright 
Office and also establish a system that will be feasible 
administratively and elicit necessary information. As indicated in our 
final regulations, these new procedures apply only to works restored 
under the URAA and NAFTA; they thus have no precedential effect on 
other filings.
3. Claimant for Registration
    Mr. Patry noted that the applicable statutory language relating to 
the filing of NIEs permits the ``owners of restored copyright or the 
owner of an exclusive right therein'' to file a NIE, while the URAA 
statutory language covering registration indicates that ``owners of 
restored copyrights'' may apply for copyright registration. He asserted 
the statute's failure to mention the owner of an exclusive right in 
connection with registration means that only an author may file a 
registration. Comment 2, at 1-2.
    The Office agrees that the restored copyright vests initially in 
the author as determined by the law of the source country of the work. 
A work, however, is registered in the name of a claimant. 17 U.S.C. 
409. ``Claimant'' is a term of art defined in existing Copyright Office 
regulations, as either the author of a work or a person or organization 
that has obtained ownership of all rights under the copyright initially 
belonging to the author. 37 CFR 202.3(a)(3). Thus, an owner of only an 
exclusive right would not be permitted to file an application in his or 
her own name as the copyright claimant, although he or she could submit 
an application. While the URAA authorizes the Office to adopt 
regulations permitting owners of restored copyrights to file for 
registration of the restored copyright, there is nothing in the URAA to 
suggest that parties who register a restored work are any different 
from those under existing copyright law and regulations. Moreover, it 
seems essential to retain the concept of claimant since authors may no 
longer be alive.
4. Foreign Law
    The AAP stated that since URAA registrations may create legal 
presumptions as to the validity of the copyright and the facts stated 
on the registration certificate, the Office should question an 
applicant's determination of foreign law issues. Comment 7, at 15. Mr. 
Karp asserted that since foreign law questions will arise with respect 
to many issues related to rights restored, including initial ownership, 
the Office should accept multiple NIEs or registrations for the same 
work. Comment 8, at 2.
    The Copyright Office will accept such multiple, and possibly 
adverse, NIEs and registrations for the same work. One of the more 
difficult issues facing the Office is to what extent foreign law issues 
should be raised in the registration process. Section 104A(b) of the 
Act provides: ``A restored work vests initially in the author or 
initial rightholder of the work as determined by the law of the source 
country of the work.'' Determining the appropriate source country and 
the applicable foreign law is a question that must ultimately be 
resolved by a court. At most, the Office could simply question whether 
or not an author was in fact the author under the law of the source 
country. The applicant's answer would have to be accepted. The Office 
does not, therefore, plan to question an applicant's determination of 
foreign law issues.

IV. Procedures for Notices of Intent To Enforce

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

[[Page 50419]]


A. Format for NIEs

1. Constructive Notice
    The Copyright Office will not publish NIE forms; however, a 
suggested format for NIEs to be filed with the Office is included in 
the Appendix below. This format is available over the Internet and can 
be downloaded for use as a form. The suggested format requests 
information required by the statute and optional information which is 
extremely useful.
2. Actual Notice
    Those parties choosing to serve actual Notice of Intent to Enforce 
a Restored Copyright on the reliance party should note that the URAA 
requires additional information. Therefore, if they use the Copyright 
Office's NIE format as a guide for the actual notice, it will be 
incomplete unless the additional information specified is added. The 
URAA specifies:

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

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

104A(e)(2)(B) of the URAA. Actual notices may be served on a reliance 
party at any time after the work is restored.
3. Who may file a Notice of Intent To Enforce?
    A NIE may be filed by someone who has the authority to sign it. The 
statute says that the NIE must be signed by the owner or the owner's 
agent. It can also be signed by the owner of any exclusive right in the 
restored copyright. As noted in the URAA and emphasized in the 
certification requirement, an agent cannot sign a NIE unless the agency 
relationship was constituted in writing signed by the owner before the 
notice is filed. 104A(e)(1)(A)(i) of the URAA.

B. Filing Fee

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

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

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

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

C. Certification

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

D. Mailing Address

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

V. Procedures for Registering Copyright Claims in Restored Works

    The URAA raises a number of unique considerations regarding the 
registration of copyright claims in restored works. First, a number of 
technical requirements, many of which are contained in the definition 
of ``restored work,'' govern whether a foreign work is subject to 
automatic restoration under the URAA. In many cases applicants seeking 
registration will be foreign claimants who are unfamiliar with the 
registration procedures in the United States Copyright Office. In 
addition, communication over technical issues may be difficult. 
Finally, virtually all of the restored copyrights will be older works; 
and in some cases, submitting a copy or phonorecord of the work will be 
a problem.
    The Copyright Office weighed all of these considerations before 
developing a procedure for registering copyright claims in restored 
works. The Office has adopted a simplified procedure, which will still 
maintain the integrity of the public record and adhere to the 
provisions of the existing copyright law and the URAA.
    The Office will register a claim to United States copyright in any 
work for which copyright protection is restored by the URAA, even if a 
registration was previously made before the work entered the public 
domain in this country. The Office will also register a claim for any 
work previously registered where the Office originally advised the 
copyright claimant that there was some doubt concerning compliance with 
the formal requirements of the law.

A. Registration Forms

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

B. Deposit Required

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

C. Filing Fee

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

[[Page 50420]]
registration procedures. In addition, the regulations contain special 
group registration options which will permit the registration of:
    (1) A group of works published under a single series title. Form 
GATT should be used; the fee is $20 for up to a calendar year's worth 
of episodes, installments, or issues published under the same single 
series title; and
    (2) A group of at least two, but up to ten related individual works 
published within the same calendar year. Form GATT/GRP should be used, 
the fee is ten dollars per individual work, that is between $20-$100 
per application.
    The registration regulations contain special instructions for 
payment of the filing fee, including payment by credit card.

D. Mailing Address

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

VI. NAFTA

    Exactly a year before the URAA was signed into law, Congress 
enacted the North American Free Trade Agreement Implementation Act 
(NAFTA) of December 8, 1993, adding a new section 104A to the Copyright 
Code that allowed copyright restoration in certain Mexican and Canadian 
works. See generally, Federal Register notices leading to the 
implementation of NAFTA, 59 FR 1408 (Jan. 10, 1994); 59 FR 12162 (Mar. 
16, 1994); and 59 FR 58787 (Nov. 15, 1994). Although Congress modeled 
the URAA provisions on NAFTA, there are significant differences. For 
example, under the URAA, copyright restoration is automatic; under 
NAFTA it was not. Moreover, the URAA requires an English translation of 
the title as part of the NIE, but NAFTA did not require an English 
translation for NAFTA statements of intent.
    In enacting these two laws, Congress intended the restoration 
provisions to operate separately from one another. Therefore, works 
restored under NAFTA are not additionally restored under the URAA. It 
is clear that Congress intended a new section 104A enacted in the URAA, 
to replace the NAFTA version of section 104A. Unfortunately, the 
statutory language in the URAA creates some ambiguities. The recent 
presidential proclamation clarifies some of these questions. 60 FR 
15845 (Mar. 27, 1995).
    The regulation governing filings under NAFTA will be amended to 
reflect a reference to the public law. This change is made necessary by 
the deletion of the NAFTA version of section 104A. In addition, 
Secs. 201.33 and 202.12 of the Copyright Office regulations contain 
provisions clarifying that works already restored under NAFTA do not 
additionally fall within the provisions of the URAA.
    Despite the differences in NAFTA and URAA notice filings, the 
registration procedures, including deposit preferences, available for 
URAA restored works are also available for those works restored under 
NAFTA.

List of Subjects

37 CFR Part 201

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

37 CFR Part 202

    Claims, Copyright.

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

PART 201--GENERAL PROVISIONS

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

    Authority: 17 U.S.C. 702.

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


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

    (a) General. This section prescribes the procedures for submission 
of Statements of Intent pertaining to the restoration of copyright 
protection in the United States for certain motion pictures and works 
embodied therein as required by the North American Free Trade Agreement 
Implementation Act of December 8, 1993, Public Law No. 103-182. * * *
* * * * *
    3. Section 201.33 is added to read as follows:


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

    (a) General. This section prescribes the procedures for submission 
of Notices of Intent to Enforce a Restored Copyright under the Uruguay 
Round Agreements Act, as required in 17 U.S.C. 104A(a). On or before 
May 1, 1996, and every four months thereafter, the Copyright Office 
will publish in the Federal Register a list of works for which Notices 
of Intent to Enforce have been filed. It will maintain a list of these 
works. The Office will also make a more complete version of the 
information contained in the Notice of Intent to Enforce available on 
its automated database, which can be accessed over the Internet.
    (b) Definitions--(1) NAFTA work means a work restored to copyright 
on January 1, 1995, as a result of compliance with procedures contained 
in the North American Free Trade Agreement Implementation Act of 
December 8, 1993, Public Law No. 103-182.
    (2) Reliance party means any person who--
    (i) With respect to a particular work, engages in acts, before the 
source country of that work becomes an eligible country under the URAA, 
which would have violated 17 U.S.C. 106 if the restored work had been 
subject to a copyright protection and who, after the source country 
becomes an eligible country, continues to engage in such acts;
    (ii) Before the source country of a particular work becomes an 
eligible country, makes or acquires one or more copies of phonorecords 
of that work; or
    (iii) As the result of the sale or other disposition of a 
derivative work, covered under the new 17 U.S.C. 104A(d)(3), or of 
significant assets of a person, described in the new 17 U.S.C. 104 
A(d)(3) (A) or (B), is a successor, assignee or licensee of that 
person.
    (3) Restored work means an original work of authorship that--
    (i) Is protected under 17 U.S.C. 104A(a);
    (ii) Is not in the public domain in its source country through 
expiration of term of protection;
    (iii) Is in the public domain in the United States due to--
    (A) Noncompliance with formalities imposed at any time by United 
States copyright law, including failure of renewal, lack of proper 
notice, or failure to comply with any manufacturing requirements;
    (B) Lack of subject matter protection in the case of sound 
recordings fixed before February 15, 1972; or
    (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, MasterCard and American Express. 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, MasterCard, 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]
BILLING CODE 1410-30-P