[Federal Register Volume 59, Number 6 (Monday, January 10, 1994)]
[Notices]
[Page 1408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-441]
[[Page Unknown]]
[Federal Register: January 10, 1994]
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LIBRARY OF CONGRESS
Copyright Office
[Docket No. RM 93-13]
General Provisions - Copyright Restoration of Certain Mexican and
Canadian Works
AGENCY: Copyright Office; Library of Congress.
ACTION: Notice of policy decision.
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SUMMARY: The Copyright Office publishes this notice to inform the
public that the North American Free Trade Agreement which entered into
force on January 1, 1994, and its implementing legislation (Pub. L. No.
103-182) authorizes the Copyright Office to establish procedures for
copyright restoration of certain works first fixed or published in
Mexico or Canada after January 1, 1978 and before March 1, 1989. This
notice is intended to summarize the content of that legislation.
Copyright owners of affected works must file a statement of intent with
the Copyright Office to restore copyright for eligible works; details
of new procedures to file these statements will be published within the
next 60 days.
FOR FURTHER INFORMATION CONTACT:Eric Schwartz, Policy Planning Advisor,
Copyright Office, Library of Congress, Washington, D.C. 20540.
Telephone: (202) 707-8350. Fax: (202) 707-8366.
SUPPLEMENTARY INFORMATION: The North American Free Trade Agreement and
the North American Free Trade Agreement Implementation Act (Pub. L. No.
103-182) provide for the restoration of copyright for certain works
that are currently in the public domain in the United States. Under new
section 104A of title 17, copyright protection may be restored for
certain motion pictures that were first fixed or published in Mexico or
Canada, and any work included in such motion pictures that was first
fixed or published with these motion pictures, if the work ``entered
the public domain in the United States because it was first published
on or after January 1, 1978, and before March 1, 1989, without the
notice required by sections 401, 402, or 403 of [title 17], the absence
of which has not been excused by the operation of section 405 of [title
17], as such sections were in effect during that period.'' 17 U.S.C.
104A(a) (1993). A motion picture or underlying work (such as original
music or dramatic text embodied in the motion picture) meeting these
requirements ``shall have copyright protection under [title 17] for the
remainder of the term of copyright protection to which it would have
been entitled in the United States had it been published with such
notice.'' Id.
Copyright owners of qualifying works must file a ``statement of
intent'' with the Copyright Office between January 1, 1994 (the date on
which the Agreement entered into force) and January 1, 1995 to notify
the public of their intent to restore copyright protection for these
works in the United States. After January 1, 1995, the Copyright Office
must publish in the Federal Register, the list of works for which
statements have been filed and which are determined to be properly
qualified for protection. The restoration of copyright protection for
these works will be provided at that time in accordance with section
104A of title 17. Section 104A(c) of title 17 provides that persons who
are copying, performing or selling copies of such works may continue
such activities for a period of one year following publication of the
1995 Federal Register notice. This exemption applies only to copies
produced or acquired before the date of enactment of the implementing
legislation (December 8, 1993).
Within the next 60 days, the Copyright Office will announce in the
Federal Register the procedures necessary to file a ``statement of
intent'' with the Office, including the applicable statements and
materials that must be submitted. In the meantime, copyright owners and
other interested parties can contact Eric Schwartz, Policy Planning
Advisor, Copyright Office, at (202) 707-8350, for additional
information.
January 3, 1994.
Barbara Ringer,
Acting Register of Copyrights.
James H. Billington,
The Librarian of Congress.
[FR Doc. 94-441 Filed 1-7-94;8:45am]
BILLING CODE: 1410-07F