ould serve neither the owner nor
the user of the restored work.
The Office also notes that the URAA makes such filings less onerous
by permitting the owner to notify all reliance parties of a restored
work by filing in one central place, the Copyright Office. Only if the
owner does not file with the Copyright Office within the appropriate
time period, as detailed above, must the owner provide actual notice to
each user of a restored work in order to enforce rights.
The Office is permitting an owner of multiple works to file one NIE
if each work is identified by title, has the same author, is owned by
the same identified copyright owner or owner of an exclusive right, and
the rights owned are the same.
2. Effective Date
Mr. Patry stated that January 1, 1995, is the initial date of
copyright restoration. Comment 2, at 1. Mr. Karp asserted that the
effective date of 104(A) is December 8, 1994, but that first
restoration of copyrights will occur on January 1, 1996. Comment 8, at
2. The Office reaffirms its recognition of January 1, 1996, as the
effective date of initial copyright restoration.
3. Minor Errors or Omissions
Ms. Lorente noted that it is often impossible for foreign authors
to know the English language title under which a work is being
exploited, especially as it is often not a literal translation. She,
therefore, asked that a NIE not be invalidated if it gives the literal
translation of the foreign title, and later it is determined that the
English language title under which the work is exploited is different
from the one given in the NIE. Comment 5, at 2.
All information on the NIE other than the original title of the
foreign work must be completed in English. The law requires that an
English translation of a foreign title be given on the NIE; it does not
specify that it be the English title under which the work was
exploited.
The Copyright Office will record the NIE under the titles that are
provided; ultimately only a court can determine the validity of a NIE.
However, the Office believes that a reasonable construction of the
statute's
[[Page 50417]]
requirements would permit good faith discrepancies in the English
translation.
Furthermore, the URAA allows a party who has filed a NIE with the
Copyright Office to correct minor errors or omissions by further notice
at any time after the NIE is filed. The procedures and fees are the
same for filing a NIE whic
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