Supplementary Copyright Statutes, US Copy. Office eBook

This eBook from the Gutenberg Project consists of approximately 98 pages of information about Supplementary Copyright Statutes, US Copy. Office.

Supplementary Copyright Statutes, US Copy. Office eBook

This eBook from the Gutenberg Project consists of approximately 98 pages of information about Supplementary Copyright Statutes, US Copy. Office.

(iii) As the result of the sale or other disposition of a derivative work, covered under the new 17 U.S.C. 104A(d)(3), or of significant assets of a person, described in the new 17 U.S.C. 104 A(d)(3) (A) or (B), is a successor, assignee or licensee of that person.

    (3) Restored work means an original work of authorship that—­

    (i) Is protected under 17 U.S.C. 104A(a);

(ii) Is not in the public domain in its source country through expiration of term of protection;

    (iii) Is in the public domain in the United States due to—­

(A) Noncompliance with formalities imposed at any time by United States copyright law, including failure of renewal, lack of proper notice, or failure to comply with any manufacturing requirements;

(B) Lack of subject matter protection in the case of sound recordings fixed before February 15, 1972; or

    (C) Lack of national eligibility; and

(iv) Has at least one author or rightholder who was, at the time the work was created, a national or domiciliary of an eligible country, and if published, was first published in an eligible country and not published in the United States during the 30-day period following publication in such eligible country.

    (4) Source country of a restored work is—­

    (i) A nation other than the United States; and

[[Page 50421]]

    (ii) In the case of an unpublished work—­

(A) The eligible country in which the author or rightholder is a national or domiciliary, or, if a restored work has more than one author or rightholder, the majority of foreign authors or rightholders are nationals or domiciliaries of eligible countries; or

(B) If the majority of authors or rightholders are not foreign, the nation other than the United States which has the most significant contacts with the work; and

    (iii) In the case of a published work—­

    (A) The eligible country in which the work is first published; or

(B) If the restored work is published on the same day in two or more eligible countries, the eligible country which has the most significant contacts with the work.

(c) Forms.  The Copyright Office does not provide forms for Notices of Intent to Enforce filed with the Copyright Office.  It requests that filers of such notices follow the format set out in Appendix A of this section and give all of the information listed in paragraph (d) of this section.  Notices of Intent to Enforce must be in English, and should be typed or printed by hand legibly in dark, preferably black, ink, on 8 1/2 by 11 inch white paper of good quality, with at least a one inch (or three cm) margin.

(d) Requirements for Notice of Intent to Enforce a Copyright Restored Under the Uruguay Round Agreements Act. (1) Notices of Intent to Enforce should be sent to the following address:  URAA/GATT, NIEs and Registrations, P.O.  Box 72400, Southwest Station, Washington, DC 20024, USA.

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Supplementary Copyright Statutes, US Copy. Office from Project Gutenberg. Public domain.