is to what extent foreign law issues
should be raised in the registration process. Section 104A(b) of the
Act provides: ``A restored work vests initially in the author or
initial rightholder of the work as determined by the law of the source
country of the work.'' Determining the appropriate source country and
the applicable foreign law is a question that must ultimately be
resolved by a court. At most, the Office could simply question whether
or not an author was in fact the author under the law of the source
country. The applicant's answer would have to be accepted. The Office
does not, therefore, plan to question an applicant's determination of
foreign law issues.
IV. Procedures for Notices of Intent To Enforce
A Copyright Office task force has been meeting for several months
to discuss issues related to establishing regulations for URAA filings.
The Office also carefully considered the comments made at the public
meeting and those submitted by interested parties in response to the
Notice of Policy Decision and Public Meeting and the Notice of Proposed
Rulemaking. Most of the commentators supported a detailed NIE rather
than one limited to the minimal information required by the statute.
Based on those comments, the Office is requesting more information from
the filer of a NIE than required under the URAA. As provided in the
statute, this additional information will not affect the validity of
the notice. Additional information such as the identity of the author
is essential, however, for efficient and timely identification of a
specific work where enforcement of copyright is sought. The additional
information will also facilitate the licensing of uses of restored
works. Therefore, the Office urges those parties who are filing NIEs to
provide as much of this additional information as possible.
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A. Format for NIEs
1. Constructive Notice
The Copyright Office will not publish NIE forms; however, a
suggested format for NIEs to be filed with the Office is included in
the Appendix below. This format is available over the Internet and can
be downloaded for use as a form. The suggested format requests
information required by the statute and optional information which is
extremely useful.
2. Actual Notice
Those parties choosing to serve actual Notice of Intent to Enforce
a Restored Copyright on the reliance party should note that the URAA
requires additional information. Therefore
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