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.SUP8

\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 SUP9 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.

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For all URAA filings, both recordation of a NIE and registration of a restored work, the Copyright Office will accept Visa and MasterCard and American Express credit cards to facilitate payment in U.S. dollars.  Payment by credit card is, however, available only for URAA filings.SUP10

\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.

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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.