a NIE. Ms.
Lorente stated that it is very important that an author or agent have a
document providing that he or she has complied with the URAA's
provisions. See comment 5, at 2; comment 6, at 1; and comment 9, at 3.
Ms. McAleer stressed that the acknowledgement of the recording of a NIE
is an essential service because of the possibility that the NIE may be
misplaced, causing its publication in the Federal Register to be
delayed. Comment 4.
The Office will mail an acknowledgement of recordation to the filer
of a NIE, including the date of receipt, the volume and page on which
the NIE is recorded, and the anticipated date of publication in the
Federal Register. The Office will not issue a certificate of
recordation. Completed recordations will appear in the COPICS database
and the Federal Register.
8. Transfers
Mr. Pierce asked that the Office require NIE filers, other than the
author, to reference documents of transfer by date, parties and rights
transferred, if any. He stated that this would decrease fraud and be
less burdensome than filing the agreements with the Documents Unit of
the Copyright Office. Comment 6, at 2.
While the Copyright Office agrees that such a requirement might be
useful, it cannot adopt this requirement since it is not authorized by
the URAA.
9. Federal Register Publication
The AAP agreed that, compared to the online database, the lists
published in the Federal Register would be of secondary importance. AAP
suggested, however, that the Federal Register entry also include the
name of the author if possible. Comment 7, at 11.
In order to minimize costs, the Office has concluded that only the
minimum information (title, name of the first owner or owner of an
exclusive right identified on the NIE), will be included in the list of
NIEs published in the Federal Register.
[[Page 50418]]
C. Issues Related to Registration of a Restored Work
1. Simultaneous Registration
Ms. Lorente asserted that registration is a second formality, and
asked for simultaneous filing of NIEs and registration of copyright
claims. She also argued both should be automatic and at no additional
cost. Comment 5, at 2. Ms. Theg asked that the application for
registration be modified to include the additional information
requested in the NIE so that the NIE filing requirements could be
satisfied at the time of making an application for registration.
Comment 9, at 1.
As dis
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