Highlights of Copyright Amendments in URAA · 3
for that work between January 1, 1996, and December 31, 1997.6 The Office published the first listing of NIEs on May 1, 1996 (61 FR 19371), and published lists at regular 4-month intervals for the next 2 years. All are available on the Copyright Office website at www.copyright.gov.
Eligibility after January 1, 1996 · When a country becomes eligible as a source country after January 1, 1996, owners of restored works from such a country will have a 2-year period from the date of eligibility for filing NIEs with the Copyright Office.
Grace Period for Use of Restored Work After Notification
A reliance party has a 12-month grace period to sell off previously manufactured stock, to perform or display the work publicly, or to authorize others to conduct these activities. This period begins when the reliance party receives notice that the owner is enforcing the copyright in the identified work. The date runs from either the date of publication in the Federal Register identifying the work or the date of receipt of the actual notice. If notice is provided both by publication in the Federal Register and service on the reliance party, the period runs from whichever date is the earlier date. Except for certain reliance parties who created derivative works, a reliance party must cease using the restored work after the 12-month grace period expires unless the reliance party reaches a licensing agreement with the copyright owner for continued use of the restored work.
Subsection (d)(3) of the amended section 104A of the Copyright Act contains special rules with respect to certain derivative works created before December 8, 1994, based on underlying restored works, such as the translation of a restored work or a motion picture based on a restored book or a play. Such derivative works may continue to be exploited by a reliance party, if the reliance party pays the owner of the restored copyright reasonable compensation.
Filing an NIE in the Copyright Office
The following information describes how to file an NIE with the Copyright Office. Filing actual notice on a reliance party is described later in this circular.
Format for Filing an NIE
The Copyright Office does not provide a form for filing an NIE, however, the attachment to this circular and the regulations published in the Federal Register and the Code of Federal Regulations contain a format that may be used to file notices. This format also may be downloaded from the Internet at www.copyright.gov.
The format includes both required and optional information. The Copyright Office strongly recommends use of this format. An NIE filed with the Copyright Office should be typed or printed legibly by hand on 8½ x 11" (or a4, i.e., 210 x 297 mm) white paper with a 1" (or 3 cm) margin.
Content of Notice of Intent to Enforce
The URAA specifies the minimum content of an NIE. It requires that the notice be signed by the owner or the owner's agent. In addition to the signature, it must contain the title, or a brief description if untitled; an English-language translation of the title if the title is in a foreign language; any other alternative titles known to the owner by which the restored work may be identified; the name of the copyright owner of the restored work or owner of an exclusive right therein; and the address and telephone number at which the owner can be contacted. Although the Copyright Office can ask for additional information, failure to provide it will not invalidate the NIE.
The Copyright Office has identified certain information that is not required by the URAA but is important for proper identification of a restored work. It includes:
- type of work (painting, sculpture, music, motion picture, sound recording, book, etc.)
- name of author(s)
- source country
- approximate year of first publication
- additional identifying information (e.g., for movies: director, leading actors, screenwriter, animator; for photographs; subject matter; for books: editor, publisher, contributors)
- rights owned by the party on whose behalf the NIE 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)
- telefax number at which the owner, exclusive rights holder, or agent can be reached
Multiple Works
Multiple works may be included on a single NIE provided that: 1) each work is identified by title, or a brief description if untitled; 2) all the works have the same author; 3) all the works are owned by the same copyright owner or the owner of the exclusive rights therein; and 4) the rights owned by the party on whose behalf the notice is being filed are the same.
Signature and Certification
The NIE must be signed by the owner of the restored copyright, the owner of an exclusive right therein, or an agent of
