Copyright Office, Library of Congress. The Copyright Office is publishing its eighth list of restored copyrights for which it has received and processed Notices of Intent to Enforce a copyright restored under the Uruguay Round Agreements Act.
Copyright Office, Library of Congress. The Copyright Office is publishing its eighth list of restored copyrights for which it has received and processed Notices of Intent to Enforce a copyright restored under the Uruguay Round Agreements Act. Publication of the lists creates a record for the public to identify copyright owners and works whose copyright has been restored for which Notices of Intent to Enforce have been filed with the Copyright Office.
Generally, this is the concluding NIE list of titles for copyright owners whose eligibility to file in the Office expired on December 31, Specifically, for restoration of copyright, a work must be an original work of authorship that on the date of restoration: See 60 FR Sept. If the work was published, it must have been first published in an eligible country and not published in the United States within 30 days of first publication.
Under the URAA, copyright in restored works vests automatically on the date of restoration. Otherwise, the effective date of restoration is the date of a particular nation's adherence to the WTO or the Berne Convention or the date when the President issues a proclamation extending copyright restoration to that nation. Although the copyright owner may immediately enforce the restored copyright against individuals who infringe his or her rights on or after the effective date of restoration, the copyright owner's right to enforce the restored copyright is delayed against reliance parties.
Typically, a reliance party is one who was already using the work before December 8, , the date the URAA was enacted. Before a copyright owner can enforce a restored copyright against a reliance party, the copyright owner must file a Notice of Intent NIE with the Copyright Office or serve an NIE on such a party.
An NIE may be filed in the Copyright Office within 24 months of the date of restoration of copyright. Alternatively, an owner may serve an NIE on an individual reliance party at any time during the term of copyright; however, such notices are effective only against the party served and those who have actual knowledge of the notice and its contents. NIEs appropriately filed with the Copyright Office and published herein serve as constructive notice to all reliance parties.
Administrative Processing Pursuant to the URAA, the Office is publishing its eighth list identifying restored works for notices of intent to enforce a restored copyright filed with the Office. The earlier lists were published between May 1, , and January 30, To allow for processing this NIE information, the Office closed the record for publication approximately two weeks before forwarding this record for publication.
Accordingly, the NIEs listed herein are those entered into the public records of the Office between January 21, and April 3, NIEs not processed by April 3, , will appear on the next four-month list, to be published on August 14, NIEs for works restored to copyright on January 1, , must have been postmarked on or before December 31, , to be accepted in the Copyright Office for publication in the Federal Register.
NIEs that were received in the Office too late for Federal Register publication will be returned to the remitter unrecorded, and the fee will be refunded. On the other hand, owners of works that are still within their eligible filing period may continue to file such notices with the Copyright Office and receive constructive notice, and the Office will continue to publish a list of eligible NIEs in the Federal Register.
Minor errors may be corrected at any time without regard to eligibility for filing, pursuant to the interim regulation on Correction NIEs, published at 62 FR Oct.
WWW is available 24 hours a day. Eastern Time; Saturday, until 5 p. On Sundays, all files may not be available from 5 p. If given on the NIE, the online information will also include the author, the type of work, and the rights covered by the notice.
See 37 CFR The legislative history of the URAA is silent on the application and scope of this exception. See Statement of Administrative Action, H. The purpose of this notice is to provide background information to guide those seeking to determine whether or not the exception applies to a particular work. As many as , vested copyrights were controlled by the government in , according to a House Report No.
The acquisitions were accomplished through a series of vesting orders, recorded with the U. Copyright Office and published in the Federal Register. Title to the physical prints of these motion pictures was transferred to the Library of Congress under Pub. One such variable is the age of the work; the term of protection for pre published works will have expired. Another variable is the extent of compliance with formalities under prior U.
While some copyrights were renewed by the Alien Property Custodian, some of the works may have fallen into the public domain for reasons including failure to renew or other lack of compliance with formalities. These works that did fall into the public domain due to lack of compliance with formalities may have been restored to copyright by the restoration provisions of the URAA, described below. Assuming that such works were otherwise eligible, whether they were restored turns on whether they fell within the Alien Property Custodian exception to restoration.
To qualify for restoration, a work must be an original work of authorship that is not a United States work and is not in the public domain in its source country through expiration of term of protection. Rather, the work must be in the public domain in the United States due to noncompliance with formalities, lack of subject matter protection in the case of sound recordings fixed before February 15, , or lack of copyright relations between the country of origin and the United States.
One category of works, however, was not restored even if the work met the above requirements. A work is excluded from restoration under the exception only when both elements of the exception are met. Determining whether a particular work falls within the exception may be complicated. As to the first element of the exception, the vesting orders described above would indicate which works had been held or administered by the Alien Property Custodian. There is no one source where these vesting orders may be found.
However, the following are the publicly available sources of those lists or copies of vesting orders of which the Office is aware: In addressing the second element, ownership of a restored copyright is determined by the law of the source country of the work. It appears that some Axis countries nationalized certain producers of creative works during World War II, and ownership of their works may therefore have vested with the then-current government. In cases where this occurred, if the government or its instrumentality still owned the copyright as of January 1, , the URAA would not have restored copyright protection in the United States for that work.
The recent inquiries regarding the Alien Property Custodian exception concern the validity of Notices of Intent to Enforce NIE filed with the Copyright Office for works potentially subject to this provision. The Office does not research the facts stated in Notices of Intent to Enforce to determine whether a work is or is not eligible for restoration. Nor does the Office adjudicate between competing parties who have filed NIEs for identical works. Under section A, however, a material false statement knowingly made with respect to any restored copyright identified in an NIE makes void all claims and assertions made with respect to such restored copyright.
Accordingly, the filing of an NIE indicates only that a party has claimed to own rights in a restored work; the filing does not represent a determination by the Copyright Office that this claim is valid. In all cases, the validity of such a claim is governed by the terms of the relevant law, including the URAA, as applied to the relevant facts.
Eighth List of Notices of Intent To Enforce The following restored works are listed alphabetically by copyright owner; multiple works owned by a particular copyright owner are listed alphabetically by title. Works having more than one copyright proprietor are listed under the first owner and cross-referenced to the succeeding owner s. A cross-reference to the composite owner e. Los vampiros de Coyoacan. Ali Baba e i pirati. Con rabbia e con amore. La generation du desert. Une guerre pour une paix.
Languidi baci, perfide carezze. Becket, or the honor of God. Becket, ou l'honneur de Dieu. Le rendez-vous de Senlis.
Ares Films Internacional, SL. A hatchet for the honeymoon. Amalio Reyes un hombre. Las campanas de Teresa. La cancion de los barrios. La casa del angel. La cigarra esta que arde.
La cigarra no es un bicho. El club del clan. Las colegialas se divierten. Las cosas del querer II. Dios se lo pague. La doctora quiere tangos. Extermineitors II, la venganza del dragon.
Extermineitors IV, como hermanos gemelos. El extrano del pelo largo. La flor de la mafia. Habia una vez un circo. Los hijos de Lopez. Hombre de la esquina rosada. El hombre del subsuelo. Joven, viuda y estanciera. Matrimonio a la Argentina. Me gusta esa chica. Minguito tinguitella adios papa. Un muchacho como yo. Muchacho que vas cantando. Los muchachos de antes no usaban gomina.
Los muchachos de mi barrio.
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