97-28488. Copyright Restoration of Works in Accordance With the Uruguay Round Agreements Act; NIE Corrections Procedure  

  • [Federal Register Volume 62, Number 208 (Tuesday, October 28, 1997)]
    [Rules and Regulations]
    [Pages 55736-55740]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-28488]
    
    
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    LIBRARY OF CONGRESS
    
    Copyright Office
    
    37 CFR Part 201
    
    [Docket No. 97-5A]
    
    
    Copyright Restoration of Works in Accordance With the Uruguay 
    Round Agreements Act; NIE Corrections Procedure
    
    AGENCY: Copyright Office, Library of Congress.
    
    ACTION: Interim regulations with request for comments.
    
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    SUMMARY: The Copyright Office is issuing interim regulations to govern 
    the filing of Correction Notices of Intent to Enforce a Restored 
    Copyright under section 104A of the copyright law, as amended by the 
    Uruguay Round Agreements Act. The effect of the interim regulation is 
    to establish procedures for the correction of errors in previously 
    filed Notices of Intent to Enforce a Restored Copyright and to provide 
    a suggested format for submitting such information.
    
    DATES: This interim regulation is effective October 28, 1997. Comments 
    should be in writing and received on or before November 12, 1997.
    
    ADDRESSES: If delivered by hand, an original and ten (10) copies of 
    comments should be delivered to: Library of Congress, Office of the 
    General Counsel, Copyright Office, James Madison Memorial Building, 
    Room LM-403, First and Independence Avenue, SE., Washington, DC 20540. 
    If sent by mail, an original and ten (10) copies of comments should be 
    addressed to: David Carson, General Counsel, Copyright GC/I&R, PO Box 
    70400, Southwest Station, Washington, DC 20024.
    
    FOR FURTHER INFORMATION CONTACT: Charlotte Douglass, Principal Legal 
    Advisor to the General Counsel, Copyright GC/I&R, PO Box 70400, 
    Southwest Station, Washington, DC 20024. Telephone: (202) 707-8380. 
    Telefax: (202) 707-8366.
    
    SUPPLEMENTARY INFORMATION:
    
    Background
    
        On December 8, 1994, President Clinton signed the ``Uruguay Round 
    Agreements Act'' (URAA), Pub. L. 103-465, 108 Stat. 4809. The URAA 
    restored copyright in certain foreign works from any country that, from 
    January 1, 1996, forward, is a member of the Berne Convention for the 
    Protection of Literary and Artistic Works, a member of the World Trade 
    Organization (WTO), or subject to a Presidential Proclamation 
    determining eligibility. 60 FR 7793 (Feb. 9, 1995); Proclamation No. 
    6780, 60 FR 15845 (Mar. 27, 1995). Nationals of such countries have 
    copyright automatically restored in their works effective on the first 
    date the particular source country becomes a country in any of the 
    above-listed three categories. However, to be restored, works must meet 
    certain other requirements. Such works must:
        (1) Not be in the public domain in its source country through 
    expiration of the term of protection;
        (2) Be 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) Have 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, be first published in an eligible country and 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. 17 
    U.S.C. 104A(a)(2).
    
    [[Page 55737]]
    
        Although copyright restoration is automatic for eligible works, a 
    copyright owner's enforcement of its copyright against a reliance party 
    is subject to notice to the reliance party and a waiting period. 
    Reliance parties, in general, are persons who obtained copies of the 
    works or were already using the works before the URAA was enacted (Dec. 
    8, 1994). 17 U.S.C. 104A(h)(4). Specifically, a reliance party is any 
    person who:
    
        (A) With respect to a particular work, engages in acts, before 
    the source country of that work becomes an eligible country, which 
    would have violated section 106 if the restored work had been 
    subject to copyright protection, and who, after the source country 
    becomes an eligible country, continues to engage in such acts;
        (B) Before the source country of a particular work becomes an 
    eligible country, makes or acquires 1 or more copies or phonorecords 
    of that work; or
        (C) As the result of the sale or other disposition of a 
    derivative work covered under subsection (d)(3), or significant 
    assets of a person described in subparagraph (A) or (B), is a 
    successor, assignee, or licensee of that person.
    
        Id.
        The copyright owner must file with the Copyright Office a Notice of 
    Intent to Enforce (NIE) its restored copyright or must individually 
    serve such notice on a reliance party and must wait a period of twelve 
    months before enforcing a restored copyright against a reliance party. 
    A reliance party may be found liable for infringement beginning twelve 
    months after Federal Register publication of the Notice of Intent to 
    Enforce the copyright in the restored work or twelve months after a 
    notice has been individually served on the reliance party, whichever is 
    earlier. 17 U.S.C. 104A(d)(2). Thus, the reliance party receives a 12 
    month grace period during which it may use the restored work without 
    paying licensing fees or securing permission for such use from the 
    restored copyright owner. Id., The Uruguay Round Trade Agreements, Text 
    of Agreements, Implementing Bill, Statement of Administrative Action, 
    and Required Supporting Statements, H.R. Doc. No. 316, 103d Cong., 2d 
    Sess. 324 (1994).
        NIEs filed in the Copyright Office receive the benefit of 
    constructive notice; that is, all persons are deemed to have notice of 
    the NIE upon the Copyright Office's publication in the Federal Register 
    of an NIE for a restored work. Cf. 17 U.S.C. 104A(c). Thus, the Federal 
    Register publication begins the 12-month grace period concerning a 
    particular restored work for all reliance parties, whereas the 
    individually served NIE begins the 12-month period for only those 
    reliance parties served, and any other reliance party with actual 
    knowledge of such service and the contents of the notice.
        Recording NIEs and publishing in the Federal Register the NIE 
    titles and owners of restored copyright is part of the Copyright Office 
    responsibilities pursuant to the URAA. 17 U.S.C. 104A(e)(1)(B). 
    Regulations have been issued for such filings as well as special 
    regulations for registration of claims to copyright under the URAA. 60 
    FR 50414 (Sept. 29, 1995).
        As part of the Office's responsibility regarding NIEs, the Office 
    has proposed rules for recording corrections to NIEs, both those NIEs 
    containing major errors and those containing minor errors. The URAA 
    allows a party who has filed an NIE with the Copyright Office to 
    correct minor errors or omissions by further notice at any time after 
    the original NIE is filed. 17 U.S.C. 104A(e)(1)(A)(iii). The procedures 
    and fees for filing a correction to an NIE are essentially the same as 
    those for filing an original NIE, except that the party making the 
    correction should refer, on the corrected NIE, to the previous NIE's 
    volume and document number in the Copyright Office Documents Records, 
    if known. For purposes of determining the appropriate filing period, 
    the Office will regard NIEs correcting major errors as new NIEs. Such 
    NIEs must, therefore, be filed within the initial two year period of 
    eligibility to be accepted as timely.
    
    I. Proposed Rule To Establish Correction Notices of Intent To 
    Enforce
    
        On July 30, 1997, the Office proposed regulations to govern the 
    filing of Correction Notices of Intent to Enforce a Restored Copyright 
    (Correction Notices or Correction NIEs). This rule proposed procedures 
    to correct major and minor errors and provided a format which the 
    Office suggested for submitting Correction Notices. The procedures (1) 
    detailed who may file a Correction Notice, (2) distinguished between 
    major and minor error, (3) explained that multiple NIEs could be 
    submitted for the same work where the work had multiple owners and (4) 
    noted that while NIEs could be withdrawn within a short time after 
    filing, the Office will not cancel a recorded NIE.
    
    II. Comment
    
        The Office received one comment in response to the publication of 
    its proposed rule, from the Motion Picture Association of America 
    (MPAA). This organization pointed out what it considered an inherent 
    ambiguity in the URAA provision for minor errors but not other errors, 
    in that sec. 104A(e)A(ii) of Title 17 permits the correction of minor 
    errors at any time, even after the 24-month filing period, thereby 
    leaving open the consideration of whether and when other errors may be 
    corrected, and what effect such errors may have. One potential effect 
    relates to when infringement remedies may be awarded against reliance 
    parties. Under the URAA, sec. 104A(d)(2), such parties' continued use 
    of a restored copyright after a 12-month period following the 
    publication in the Federal Register of the title and owner of a 
    restored work as listed in an NIE is subject to infringement remedies. 
    The MPAA suggested that the Office provide by regulation that 
    infringement remedies are available only after publication of 
    Correction NIEs.
    
    III. Response
    
        The Office addresses this comment regarding the ``inherent 
    ambiguity'' of the URAA provision for correction of minor errors by 
    looking to what appears to be Congress' underlying intent--to shield 
    the public from prejudicial errors, i.e., those errors which would 
    impede efforts by members of the public to ascertain the possible 
    restored status of a work while assisting the NIE filer in the creation 
    of an improved and corrected public record where a harmless error had 
    been made. See 17 U.S.C. 104A(e)(3). While the Office has no statutory 
    authority to establish the date on which infringement remedies are 
    available, the distinguishing of major and minor errors facilitates the 
    administration of NIEs where errors in an originally filed NIE may be 
    of such a substantial nature that the initial NIE does not adequately 
    and reasonably identify the restored work. Further, an administrative 
    procedure recognizing the distinction between an error which would not 
    impede the public's locating within Copyright Office records 
    information for a given restored work and an error in an NIE which 
    would prevent the public from being informed of the restored status for 
    a particular work allows for a more reliable and useful public record 
    and may possibly facilitate judicial determination of when adequate 
    notice concerning a restored work occurred.
        The Office concludes that major errors are those which pertain to 
    the statutorily required information in the Copyright Office NIE 
    filings: name of the copyright owner or rightholder, title of the work 
    (but not the translation, if any) and the written agency relationship. 
    Where the Office determines an error to be major, a Correction NIE must 
    be filed within the two year period of eligibility. NIE filings
    
    [[Page 55738]]
    
    with the Office are voluntary. In the absence of a timely filing in the 
    Office, the URAA allows a copyright owner of a restored work to serve 
    an individual notice on a reliance party at any time after the date of 
    restoration of the restored copyright to trigger a reliance party's 12-
    month period to use the restored work within the terms of the statute. 
    17 U.S.C. 104A(e)(2).
        Based on the foregoing discussion, these interim regulations are 
    essentially unchanged, except for minor technical amendments.
    
    IV. Procedures for Correction Notices of Intent to Enforce
    
    A. Who May File a Correction Notice of Intent To Enforce (Correction 
    NIE)
    
        Correction NIEs may be filed by or on behalf of the same copyright 
    owner or rightholder who filed the original NIE. The ``same copyright 
    owner'' includes successors in interest.
        A certification by a third party is not sufficient to authorize a 
    correction of an earlier NIE recorded in the name of another party/
    copyright owner, unless that third party is also the authorized agent 
    of the copyright owner in whose name the original NIE was recorded. An 
    authorized agent may file a Correction NIE whether or not that agent 
    filed the original NIE.
    
    B. Definition of Major and Minor Error
    
        The Copyright Office concludes that major errors, not defined or 
    referenced within the statutory provisions, may be corrected only 
    within the two-year period of eligibility for initially filing NIEs. 
    Minor errors may be corrected at any time under the URAA provisions. 
    (17 U.S.C. 104A(e), as amended).
        The Office has determined that major errors are errors concerning 
    the following NIE statutory requirements: the name of the copyright 
    owner or rightholder; the title of the work (as opposed to its 
    translation, if any); and a written agency relationship, if applicable. 
    The Office considers these items of information to be basic identifiers 
    crucial to the effectiveness of adequately informing the public of the 
    existence and ownership of a particular work which is subject to a 
    Notice of Intent to Enforce. The title of a work and the identity of 
    the rights owner in the work, including correct information regarding 
    an agent of the rights owner, if an agency relationship existed, must 
    be present in the Copyright Office NIE records in order for the NIE 
    filer to meet the requirements of the statute and to allow the public 
    through a reasonable search to locate the essential information within 
    Office NIE records about a given work restored to copyright under the 
    URAA. Where the original NIE did not adequately identify the owner of 
    the restored work, the title of the restored work or the agency 
    relationship, the Office will refuse to record a Correction NIE that is 
    submitted after the two-year period following a work's restoration to 
    copyright protection.
        Adequate identification of a restored work means that accurate and 
    sufficient information concerning the three statutorily required items 
    of owner identity, title, and agency relationship, if any, is present 
    in the original NIE. The necessary accuracy and sufficiency of 
    information for the original NIE includes, but is not limited to, 
    completeness of the information, accurate spelling of names and titles, 
    and correct sequencing of wording within names and titles so that a 
    reasonable search of the NIE records will reveal the work in question. 
    The following are examples where original NIEs contain information 
    which would not result in a reasonable search revealing the actual, 
    correct title or owner identity for the restored work:
    
    Title in original NIE: Robert Meets the Green Rabbit Again
    Title in Correction NIE: Here We Go Again--The Green Rabbit and 
    Robert
    Title in original NIE: Now Are the Times That Try Men's Souls
    Title in Correction NIE: Trying Times for Mankind
    Owner in original NIE: Kathy and Lori Film Production, Inc.
    Owner in Correction NIE: Kathy Lorenzo and Lori Lorenzo
    
        Where the two-year period has expired and where there is doubt as 
    to whether an error is major or minor, i.e., whether the erroneous NIE 
    is such that it would fail to inform members of the public doing a 
    reasonable search of the Copyright Office records of the existence of a 
    work that is subject to a Notice of Intent to Enforce, the Office will 
    correspond with the filer concerning the doubt and, if appropriate, may 
    resolve the doubt in favor of the filer and record the Correction NIE .
        Because the regulations of the Copyright Office allow the 
    recordation of any document pertaining to a copyright, in instances 
    where the Office refuses the recordation of a Correction NIE because 
    the two-year period of eligibility for initial filing of an NIE has 
    passed, a party may record any document, including one concerning 
    rights restored under the URAA for a given work, but may not designate 
    the document on its face to be a Notice of Intent to Enforce or a 
    Correction Notice of Intent to Enforce. See 37 CFR 201.4 for Copyright 
    Office regulations on recordation of transfers and other documents. All 
    documents, including NIEs and Correction NIEs, submitted for 
    recordation with the Office are found within the same bibliographic 
    database and a reasonable search by title or owner should reveal all 
    recordations filed with the Office concerning the same title or owner 
    identity.
    
    C. Designation for a Correction Notice of Intent to Enforce
    
        A Correction NIE must be clearly indicated as such, i.e., the 
    document filed should bear the title ``Correction Notice of Intent To 
    Enforce,'' or ``Correction NIE.'' It must also specify the volume and 
    document number for the recordation of the original NIE. This will 
    enable the Office to record the correction with the appropriate cross-
    reference to the volume and document number of the original NIE.
    
    D. Format Information for Correction NIEs
    
        The suggested format for filing Correction NIEs generally follows 
    the outline of the suggested format for the original filing. This is 
    included as Appendix A below.
        The format will be made available over the Internet from where it 
    can be downloaded for use. Where a party wishes to correct in the same 
    filing NIEs for many titles, he or she can adapt the suggested format 
    to allow more space for titles. Use of the format enables the filer to 
    furnish information prescribed by the original NIE regulation in 
    orderly form.
        When information (either required or optional) has been correctly 
    given on the original NIE, the Correction NIE need not repeat that 
    information. Filers should include information in the Correction NIE, 
    however, that was omitted from the previous NIE which will help 
    identify the restored work(s) involved.
        Correction NIEs 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'' (or 3 cm) margin.
    
    E. Fees
    
        The fee for a correction is the same as that for an initial NIE: 
    for one work, the fee is thirty U.S. Dollars; for multiple works that 
    meet the conditions for being filed on the same NIE, the fee is thirty 
    U.S. Dollars for the first work, plus one dollar for each additional 
    work. For NIE
    
    [[Page 55739]]
    
    filings, including corrections, see 37 CFR 201.33(e) for fee 
    information.
        The filing fee partially reimburses the Office for its processing 
    costs; the Office, therefore, does not refund fees for errors made by 
    filers in NIEs.
    
    V. Multiple NIEs for the Same Work and Correction Cross-References
    
        When rights in a restored work are owned by several different 
    parties, multiple NIEs for the same work may be submitted. For example, 
    one person may own the exclusive right of reproduction and public 
    distribution and another the exclusive right of public performance. 
    When a work has multiple rights owners, each owner must file a separate 
    NIE subject to the requirements for initial filing within two years of 
    eligibility to receive the benefit of NIE filing. In the instance of 
    multiple owners of rights in a single work, if a party is acting on 
    behalf of an earlier owner of record in an NIE and purporting to 
    correct that earlier NIE, the Office points out that only the NIE 
    record in the name of that particular earlier owner will be cross-
    referenced. Nevertheless, all NIE records for a given title will be 
    easily retrievable as a group; if the works as recorded bear the same 
    title, the NIE records would appear together in any title search of 
    online records.
    
    VI. Cancellations and Withdrawals
    
        The Office will not cancel a recordation of an NIE unless the 
    recordation fee is uncollectible. While the recordation of NIEs may 
    not, with the exception of an uncollectible fee, be canceled (i.e., 
    expunged from the record), a request to record an NIE may be withdrawn 
    if the request to withdraw is received before the record of the NIE has 
    been made available to the public through the Internet. In order to 
    withdraw an NIE, the filer must contact the Documents Unit of the 
    Copyright Office before the online record (Copyright Office Publication 
    and Interactive Cataloging System (COPICS)) has been made publicly 
    available. If the Office has prepared the record for a work that is 
    later withdrawn, it will not refund the fee.
    
    VII. Publication of Additional NIE List
    
        Under the URAA, the Office must publish the Federal Register list 
    of NIEs processed by the Office every four months. 17 U.S.C. 
    104A(e)(1)(B)(i). Accordingly, lists have been published beginning on 
    May 1, 1996. (61 FR 19372 (May 1, 1996); 61 FR 46134 (Aug. 30, 1996); 
    61 FR 68454 (Dec. 27, 1996); 62 FR 20211 (April 25, 1997) and 62 FR 
    44842 (Aug. 22, 1997)). The Office will publish its next list on 
    December 19, 1997. This list will include NIEs received and processed 
    in the Office through December 5, 1997. The final Federal Register list 
    for works from countries that became eligible to file on January 1, 
    1996, is scheduled to be published on January 30, 1998. Cf. 17 U.S.C. 
    104A(e)(1)(B)(ii). This will include NIEs previously received in the 
    Office but unprocessed by December 5, 1997, and NIEs received between 
    December 5, 1997, and December 31, 1997, inclusive.
        Correction NIEs for major errors and new NIEs from source countries 
    that became eligible to file on January 1, 1996, must be postmarked by 
    December 31, 1997, to be accepted for January Federal Register 
    publication. Correction NIEs for minor errors are acceptable at any 
    time following eligibility, but the Office will not publish such minor 
    corrections in the Federal Register.
    
    List of Subjects in 37 CFR Part 201
    
        Cable television, Copyright, Jukeboxes, Literary works, Satellites.
    
    Interim Regulation
    
        In consideration of the foregoing, the Copyright Office amends 37 
    CFR part 201 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 201.34 is added to read as follows:
    
    
    Sec. 201.34  Procedures for filing Correction Notices of Intent to 
    Enforce a Copyright Restored under the Uruguay Round Agreements Act.
    
        (a) General. This section prescribes the procedures for submission 
    of corrections of Notices of Intent to Enforce a Copyright (NIEs) 
    Restored under the Uruguay Round Agreements Act of December 8, 1994, as 
    required by 17 U.S.C. 104A(e), as amended by Pub. L. 103-465, 108 Stat. 
    4809, 4976 (1994).
        (b) Definitions. For purposes of this section, the following 
    definitions apply.
        (1) Major error. A major error in filing a Notice of Intent to 
    Enforce a Copyright Restored under the Uruguay Round Agreements Act is 
    an error in the name of the copyright owner or rightholder, or in the 
    title of the work (as opposed to its translation, if any) where such 
    error fails to adequately identify the restored work or its owner 
    through a reasonable search of the Copyright Office NIE records. 
    Omission of, or incorrect information regarding, a written agency 
    relationship also constitutes a major error.
        (2) Minor error. A minor error in filing a Notice of Intent to 
    Enforce a Copyright Restored under the Uruguay Round Agreements Act is 
    any error that is not a major error.
        (3) Restored work. For the definition of works restored under the 
    URAA, see 37 CFR 201.33.
        (c) Forms. The Copyright Office does not provide forms for 
    Correction Notices of Intent to Enforce filed with the Copyright 
    Office. It requests that filers of such Correction NIEs follow the 
    format set out in Appendix A of this section and give all information 
    listed in paragraph (d) of this section. Correction NIEs must be in 
    English, and should be typed or legibly printed by hand in dark, 
    preferably black ink, on 8\1/2\'' by 11'' white paper of good quality 
    with at least a 1'' (or three cm) margin.
        (d) Requirements for Correction Notice of Intent to Enforce a 
    Copyright Restored under the Uruguay Round Agreements Act. (1) A 
    correction for a Notice of Intent to Enforce should be clearly 
    designated as a ``Correction Notice of Intent to Enforce'' or 
    ``Correction NIE.''
        (2) Correction Notices of Intent to Enforce should be sent to the 
    following address: URAA/GATT, NIEs and Registrations, PO Box 70400, 
    Southwest Station, Washington, DC 20024, USA.
        (3) A Correction NIE shall contain the following information:
        (i) The volume and document number of the previous NIE which is to 
    be corrected;
        (ii) The title of the work as it appears on the previous NIE, 
    including alternative titles, if they appear;
        (iii) The English translation of the title, if any, as it appears 
    on the previous NIE;
        (iv) A statement of the erroneous information as it appears on the 
    previous NIE;
        (v) A statement of the correct information as it should have 
    appeared and an optional explanation of its correction; or
        (vi) A statement of the information to be added. This includes 
    optional information such as:
        (A) Type of work;
        (B) Rights owned by the party on whose behalf the Correction Notice 
    is filed;
        (C) Name of author;
        (D) Source country;
        (E) Year of publication;
        (F) Alternative titles;
        (G) An optional explanation of the added information.
        (vii) The name and address:
        (A) To which correspondence concerning the document should be sent; 
    and
    
    [[Page 55740]]
    
        (B) To which the acknowledgment of the recordation of the 
    Correction NIE should be mailed; and
        (viii) A certification. The certification shall consist of:
        (A) A statement that, for each of the works named above, the person 
    signing the Correction NIE is the copyright owner, or the owner of an 
    exclusive right, or the owner's authorized agent, and that the 
    information is correct to the best of that person's knowledge;
        (B) The typed or printed name of the person whose signature 
    appears;
        (C) The signature and date of signature; and
        (D) The telephone and telefax number at which the owner, 
    rightholder, or agent thereof can be reached.
        (4) A Correction NIE may cover multiple works in multiple NIE 
    documents for one fee provided that: each work is identified by title; 
    all the works are by the same author; all the works are owned by the 
    same copyright owner or owner of an exclusive right. In the case of 
    Correction NIEs, the notice must separately designate each title to be 
    corrected, noting the incorrect information as it appeared on the 
    previously filed NIE, as well as the corrected information. A single 
    notice covering multiple titles need bear only a single certification.
        (5) Copies, phonorecords or supporting documents cannot be made 
    part of the record of a Correction NIE and should not be submitted with 
    the document.
        (6) Time for Submitting Correction NIEs.
        (i) Major errors. The Copyright Office will accept a Correction NIE 
    for a major error concerning a restored work during the 24-month period 
    beginning on the date of restoration of the work, as provided for 
    original NIEs in section 104A(d)(2)(A) of title 17.
        (ii) Minor errors. The Office will accept a Correction NIE for a 
    minor error or omission concerning a restored work at any time after 
    the original NIE has been filed, as provided in section 
    104A(e)(1)(A)(iii) of title 17.
        (e) Fee.--(1) Amount. The filing fee for recording Correction NIEs 
    is 30 U.S. dollars for each Correction Notice covering one work. For 
    single Correction NIEs covering multiple works, that is, for works by 
    the same author and owned by the same copyright owner or owner of an 
    exclusive right, the fee is 30 U.S. dollars, plus one dollar for each 
    additional work covered beyond the first designated work.
        (2) Method of payment. See 37 CFR 201.33(e)(1),(2).
        (f) Public online access. Information contained in the Correction 
    Notice of Intent to Enforce is available online in the Copyright Office 
    History Documents (COHD) file through the Library of Congress 
    electronic information system, available through the Internet. This 
    file is available from computer terminals located in the Copyright 
    Office itself or from terminals located in other parts of the Library 
    of Congress through the Library of Congress Information System (LOCIS). 
    Alternative ways to connect through Internet are the World Wide Web 
    (WWW), using the Copyright Office Home Page at: http:/www.loc.gov/
    copyright; directly to LOCIS through the telnet address at 
    locis.loc.gov; or the Library of Congress through gopher LC MARVEL and 
    WWW which are available 24 hours a day. LOCIS is available 24 hours a 
    day, Monday through Friday. For the purpose of researching the full 
    Office record of Correction NIEs on the Internet, the Office has made 
    online searching instructions accessible through the Copyright Office 
    Home Page. Researchers can access them through the Library of Congress 
    Home Page on the World Wide Web by selecting the copyright link. Select 
    the menu item ``Copyright Office Records'' and/or ``URAA, GATT Amends 
    U.S. law.'' Images of the complete Correction NIEs as filed will be 
    stored on optical disk and will be available from the Copyright Office.
    
    Appendix A to Sec. 201.34--Correction Notice of Intent To Enforce
    
    Correction of Notice of Intent To Enforce
    
    1. Name of Copyright Owner (or owner of exclusive right) If this 
    correction notice is to cover multiple works, the author and the 
    rights owner must be the same for all works covered by the notice.)
    
    ----------------------------------------------------------------------
    2. Title(s) (or brief description)
        (a) Work No. 1--______
        Volume and Document Number: ______
        English Translation: ______
        (b) Work No. 2 (if applicable)--______
        Volume and Document Number: ______
        English Translation: ______
        (c) Work No. 3 (if applicable)--______
        Volume and Document Number: ______
        English Translation: ______
        (d) Work No. 4 (if applicable)--______
        Volume and Document Number: ______
        English Translation: ______
    3. Statement of incorrect information on earlier NIE:
    
    ----------------------------------------------------------------------
    4. Statement of correct (or previously omitted) information:
    
    ----------------------------------------------------------------------
    Give the following only if incorrect or omitted on earlier NIE:
    
        (a) Type of work ______
        (b) Rights owned ______
        (c) Name of author (of entire work) ______
        (d) Source Country ______
        (e) Year of Publication (Approximate if precise year is unknown) 
    ______
        (f) Alternative titles ______
    5. Explanation of error:
    
    ----------------------------------------------------------------------
    6. 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.
    
    ----------------------------------------------------------------------
    Name and Address (typed or printed):
    
    ----------------------------------------------------------------------
    Telephone/Fax:
    
    ----------------------------------------------------------------------
    As agent for:
    
    ----------------------------------------------------------------------
    Date and Signature:
    
    ----------------------------------------------------------------------
    
        Dated: October 22, 1997.
    Marybeth Peters,
    Register of Copyrights.
    [FR Doc. 97-28488 Filed 10-27-97; 8:45 am]
    BILLING CODE 1410-30-P
    
    
    

Document Information

Effective Date:
10/28/1997
Published:
10/28/1997
Department:
U.S. Copyright Office, Library of Congress
Entry Type:
Rule
Action:
Interim regulations with request for comments.
Document Number:
97-28488
Dates:
This interim regulation is effective October 28, 1997. Comments should be in writing and received on or before November 12, 1997.
Pages:
55736-55740 (5 pages)
Docket Numbers:
Docket No. 97-5A
PDF File:
97-28488.pdf
CFR: (1)
37 CFR 201.34