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

A. Restoration of Copyright in Eligible Works

Under the URAA, restoration of copyright in works from countries which are currently eligible occurs automatically on January 1, 1996.  An eligible country is a nation, other than the United States, that is a member of the Berne Convention, SUP1 or a member of

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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;