, if they use the Copyright
Office's NIE format as a guide for the actual notice, it will be
incomplete unless the additional information specified is added. The
URAA specifies:
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.8
\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 9 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.
---------------------------------------------------------------------
For all URAA filings, both recordation of a NIE and r
|