55736 Federal Register / Vol. 62, No. 208 / Tuesday, October 28, 1997 / Rules and Regulations

737–53A1177, Revision 3, dated September

18, 1997, the repair described in paragraph

(g)(1) of this AD may be accomplished

without installing a support cradle at station

540.

(h) Accomplish the modification required

by paragraph (f) or (g) of this AD, as

applicable, at the latest of the times specified

in paragraphs (h)(1), (h)(2), and (h)(3) of this

AD.

(1) Prior to the accumulation of 70,000

total flight cycles.

(2) Within 600 flight cycles after the

effective date of this AD.

(3) Within 80 days after the effective date

of this AD.

(i) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used if approved by the Manager, Seattle

ACO. Operators shall submit their requests

through an appropriate FAA Principal

Maintenance Inspector, who may add

comments and then send it to the Manager,

Seattle ACO.

Note 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Seattle ACO.

(j) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the airplane to

a location where the requirements of this AD

can be accomplished.

(k) The actions shall be done in accordance

with Boeing Alert Service Bulletin 737–

53A1177, dated November 8, 1994; Boeing

Alert Service Bulletin 737–53A1177,

Revision 1, dated September 19, 1996; Boeing

Alert Service Bulletin 737–53A1177,

Revision 2, dated July 24, 1997; Boeing Alert

Service Bulletin 737–53A1177, Revision 3,

dated September 18, 1997; and Boeing

Document D6–15565, ‘‘737 Structural Repair

Manual (SRM),’’ Chapter 51, Subject 51–50–

1, Revision 70, dated July 5, 1997, which

contains the following list of effective pages

(NOTE: The issue date and revision level of

the SRM are indicated only on the Title Page;

no other page of the document contains this

information.):

Page No. Revision level

shown on page

Date

shown

on page

Title page .......... 70 ..................... July 5,

1997.

1 ........................ Not shown ........ Feb. 5,

1989.

2, 3, 11, 12 ....... Not shown ........ Aug. 5,

1988.

4 ........................ Not shown ........ Feb. 1,

1978.

5, 6, 8–10 ......... Not shown ........ Aug. 1,

1968.

7 ........................ Not shown ........ Feb. 1,

1975.

(1) The incorporation by reference of

Boeing Alert Service Bulletin 737–53A1177,

Revision 1, dated September 19, 1996; Boeing

Alert Service Bulletin 737–53A1177,

Revision 2, dated July 24, 1997; Boeing Alert

Service Bulletin 737–53A1177, Revision 3,

dated September 18, 1997; and Boeing

Document D6–15565, ‘‘737 Structural Repair

Manual (SRM),’’ Chapter 51, Subject 51–50–

1, Revision 70, dated July 5, 1997; is

approved by the Director of the Federal

Register in accordance with 5 U.S.C. 552(a)

and 1 CFR part 51.

(2) The incorporation by reference of

Boeing Alert Service Bulletin 737–53A1177,

dated November 8, 1994, was approved

previously by the Director of the Federal

Register as of December 27, 1994 (59 FR

63716, December 9, 1994).

(3) Copies may be obtained from Boeing

Commercial Airplane Group, P.O. Box 3707,

Seattle, Washington 98124–2207. Copies may

be inspected at the FAA, Transport Airplane

Directorate, 1601 Lind Avenue, SW., Renton,

Washington; or at the Office of the Federal

Register, 800 North Capitol Street, NW., suite

700, Washington, DC.

(l) This amendment becomes effective on

November 12, 1997.

Issued in Renton, Washington, on October

21, 1997.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–28347 Filed 10–27–97; 8:45 am]

BILLING CODE 4910–13–U

LIBRARY OF CONGRESS

Copyright Office

37 CFR Part 201

[Docket No. 97–5A]

Copyright Restoration of Works in

Accordance With the Uruguay Round

Agreements Act; NIE Corrections

Procedure

AGENCY: Copyright Office, Library of

Congress.

ACTION: Interim regulations with request

for comments.

SUMMARY: The Copyright Office is

issuing interim regulations to govern the

filing of Correction Notices of Intent to

Enforce a Restored Copyright under

section 104A of the copyright law, as

amended by the Uruguay Round

Agreements Act. The effect of the

interim regulation is to establish

procedures for the correction of errors in

previously filed Notices of Intent to

Enforce a Restored Copyright and to

provide a suggested format for

submitting such information.

DATES: This interim regulation is

effective October 28, 1997. Comments

should be in writing and received on or

before November 12, 1997.

ADDRESSES: If delivered by hand, an

original and ten (10) copies of

comments should be delivered to:

Library of Congress, Office of the

General Counsel, Copyright Office,

James Madison Memorial Building,

Room LM–403, First and Independence

Avenue, SE., Washington, DC 20540. If

sent by mail, an original and ten (10)

copies of comments should be

addressed to: David Carson, General

Counsel, Copyright GC/I&R, PO Box

70400, Southwest Station, Washington,

DC 20024.

FOR FURTHER INFORMATION CONTACT:

Charlotte Douglass, Principal Legal

Advisor to the General Counsel,

Copyright GC/I&R, PO Box 70400,

Southwest Station, Washington, DC

20024. Telephone: (202) 707–8380.

Telefax: (202) 707–8366.

SUPPLEMENTARY INFORMATION:

Background

On December 8, 1994, President

Clinton signed the ‘‘Uruguay Round

Agreements Act’’ (URAA), Pub. L. 103–

465, 108 Stat. 4809. The URAA restored

copyright in certain foreign works from

any country that, from January 1, 1996,

forward, is a member of the Berne

Convention for the Protection of Literary

and Artistic Works, a member of the

World Trade Organization (WTO), or

subject to a Presidential Proclamation

determining eligibility. 60 FR 7793 (Feb.

9, 1995); Proclamation No. 6780, 60 FR

15845 (Mar. 27, 1995). Nationals of such

countries have copyright automatically

restored in their works effective on the

first date the particular source country

becomes a country in any of the abovelisted three categories. However, to be

restored, works must meet certain other

requirements. Such works must:

(1) Not be in the public domain in its

source country through expiration of the

term of protection;

(2) Be in the public domain in the

United States due to noncompliance

with formalities imposed at any time by

United States copyright law, lack of

subject matter protection in the case of

sound recordings fixed before February

15, 1972, or lack of national eligibility;

(3) Have at least one author or

rightholder who was, at the time the

work was created, a national or

domiciliary of an eligible country;

(4) If published, be first published in

an eligible country and not published in

the United States during the 30-day

period following publication in such

eligible country.

Notwithstanding the fact that the

work meets the above requirements, any

work ever owned or administered by the

Alien Property Custodian and in which

the restored copyright would be owned

by a government or instrumentality

thereof, is not a restored work. 17 U.S.C.

104A(a)(2).
Federal Register / Vol. 62, No. 208 / Tuesday, October 28, 1997 / Rules and Regulations 55737

Although copyright restoration is

automatic for eligible works, a copyright

owner’s enforcement of its copyright

against a reliance party is subject to

notice to the reliance party and a

waiting period. Reliance parties, in

general, are persons who obtained

copies of the works or were already

using the works before the URAA was

enacted (Dec. 8, 1994). 17 U.S.C.

104A(h)(4). Specifically, a reliance party

is any person who:

(A) With respect to a particular work,

engages in acts, before the source country of

that work becomes an eligible country, which

would have violated section 106 if the

restored work had been subject to copyright

protection, and who, after the source country

becomes an eligible country, continues to

engage in such acts;

(B) Before the source country of a

particular work becomes an eligible country,

makes or acquires 1 or more copies or

phonorecords of that work; or

(C) As the result of the sale or other

disposition of a derivative work covered

under subsection (d)(3), or significant assets

of a person described in subparagraph (A) or

(B), is a successor, assignee, or licensee of

that person.

Id.

The copyright owner must file with

the Copyright Office a Notice of Intent

to Enforce (NIE) its restored copyright or

must individually serve such notice on

a reliance party and must wait a period

of twelve months before enforcing a

restored copyright against a reliance

party. A reliance party may be found

liable for infringement beginning twelve

months after Federal Register

publication of the Notice of Intent to

Enforce the copyright in the restored

work or twelve months after a notice has

been individually served on the reliance

party, whichever is earlier. 17 U.S.C.

104A(d)(2). Thus, the reliance party

receives a 12 month grace period during

which it may use the restored work

without paying licensing fees or

securing permission for such use from

the restored copyright owner. Id., The

Uruguay Round Trade Agreements, Text

of Agreements, Implementing Bill,

Statement of Administrative Action, and

Required Supporting Statements, H.R.

Doc. No. 316, 103d Cong., 2d Sess. 324

(1994).

NIEs filed in the Copyright Office

receive the benefit of constructive

notice; that is, all persons are deemed to

have notice of the NIE upon the

Copyright Office’s publication in the

Federal Register of an NIE for a restored

work. Cf. 17 U.S.C. 104A(c). Thus, the

Federal Register publication begins the

12-month grace period concerning a

particular restored work for all reliance

parties, whereas the individually served

NIE begins the 12-month period for only

those reliance parties served, and any

other reliance party with actual

knowledge of such service and the

contents of the notice.

Recording NIEs and publishing in the

Federal Register the NIE titles and

owners of restored copyright is part of

the Copyright Office responsibilities

pursuant to the URAA. 17 U.S.C.

104A(e)(1)(B). Regulations have been

issued for such filings as well as special

regulations for registration of claims to

copyright under the URAA. 60 FR 50414

(Sept. 29, 1995).

As part of the Office’s responsibility

regarding NIEs, the Office has proposed

rules for recording corrections to NIEs,

both those NIEs containing major errors

and those containing minor errors. The

URAA allows a party who has filed an

NIE with the Copyright Office to correct

minor errors or omissions by further

notice at any time after the original NIE

is filed. 17 U.S.C. 104A(e)(1)(A)(iii). The

procedures and fees for filing a

correction to an NIE are essentially the

same as those for filing an original NIE,

except that the party making the

correction should refer, on the corrected

NIE, to the previous NIE’s volume and

document number in the Copyright

Office Documents Records, if known.

For purposes of determining the

appropriate filing period, the Office will

regard NIEs correcting major errors as

new NIEs. Such NIEs must, therefore, be

filed within the initial two year period

of eligibility to be accepted as timely.

I. Proposed Rule To Establish

Correction Notices of Intent To Enforce

On July 30, 1997, the Office proposed

regulations to govern the filing of

Correction Notices of Intent to Enforce

a Restored Copyright (Correction

Notices or Correction NIEs). This rule

proposed procedures to correct major

and minor errors and provided a format

which the Office suggested for

submitting Correction Notices. The

procedures (1) detailed who may file a

Correction Notice, (2) distinguished

between major and minor error, (3)

explained that multiple NIEs could be

submitted for the same work where the

work had multiple owners and (4) noted

that while NIEs could be withdrawn

within a short time after filing, the

Office will not cancel a recorded NIE.

II. Comment

The Office received one comment in

response to the publication of its

proposed rule, from the Motion Picture

Association of America (MPAA). This

organization pointed out what it

considered an inherent ambiguity in the

URAA provision for minor errors but

not other errors, in that sec. 104A(e)A(ii)

of Title 17 permits the correction of

minor errors at any time, even after the

24-month filing period, thereby leaving

open the consideration of whether and

when other errors may be corrected, and

what effect such errors may have. One

potential effect relates to when

infringement remedies may be awarded

against reliance parties. Under the

URAA, sec. 104A(d)(2), such parties’

continued use of a restored copyright

after a 12-month period following the

publication in the Federal Register of

the title and owner of a restored work

as listed in an NIE is subject to

infringement remedies. The MPAA

suggested that the Office provide by

regulation that infringement remedies

are available only after publication of

Correction NIEs.

III. Response

The Office addresses this comment

regarding the ‘‘inherent ambiguity’’ of

the URAA provision for correction of

minor errors by looking to what appears

to be Congress’ underlying intent—to

shield the public from prejudicial

errors, i.e., those errors which would

impede efforts by members of the public

to ascertain the possible restored status

of a work while assisting the NIE filer

in the creation of an improved and

corrected public record where a

harmless error had been made. See 17

U.S.C. 104A(e)(3). While the Office has

no statutory authority to establish the

date on which infringement remedies

are available, the distinguishing of

major and minor errors facilitates the

administration of NIEs where errors in

an originally filed NIE may be of such

a substantial nature that the initial NIE

does not adequately and reasonably

identify the restored work. Further, an

administrative procedure recognizing

the distinction between an error which

would not impede the public’s locating

within Copyright Office records

information for a given restored work

and an error in an NIE which would

prevent the public from being informed

of the restored status for a particular

work allows for a more reliable and

useful public record and may possibly

facilitate judicial determination of when

adequate notice concerning a restored

work occurred.

The Office concludes that major errors

are those which pertain to the

statutorily required information in the

Copyright Office NIE filings: name of

the copyright owner or rightholder, title

of the work (but not the translation, if

any) and the written agency

relationship. Where the Office

determines an error to be major, a

Correction NIE must be filed within the

two year period of eligibility. NIE filings
55738 Federal Register / Vol. 62, No. 208 / Tuesday, October 28, 1997 / Rules and Regulations

with the Office are voluntary. In the

absence of a timely filing in the Office,

the URAA allows a copyright owner of

a restored work to serve an individual

notice on a reliance party at any time

after the date of restoration of the

restored copyright to trigger a reliance

party’s 12-month period to use the

restored work within the terms of the

statute. 17 U.S.C. 104A(e)(2).

Based on the foregoing discussion,

these interim regulations are essentially

unchanged, except for minor technical

amendments.

IV. Procedures for Correction Notices of

Intent to Enforce

A. Who May File a Correction Notice of

Intent To Enforce (Correction NIE)

Correction NIEs may be filed by or on

behalf of the same copyright owner or

rightholder who filed the original NIE.

The ‘‘same copyright owner’’ includes

successors in interest.

A certification by a third party is not

sufficient to authorize a correction of an

earlier NIE recorded in the name of

another party/copyright owner, unless

that third party is also the authorized

agent of the copyright owner in whose

name the original NIE was recorded. An

authorized agent may file a Correction

NIE whether or not that agent filed the

original NIE.

B. Definition of Major and Minor Error

The Copyright Office concludes that

major errors, not defined or referenced

within the statutory provisions, may be

corrected only within the two-year

period of eligibility for initially filing

NIEs. Minor errors may be corrected at

any time under the URAA provisions.

(17 U.S.C. 104A(e), as amended).

The Office has determined that major

errors are errors concerning the

following NIE statutory requirements:

the name of the copyright owner or

rightholder; the title of the work (as

opposed to its translation, if any); and

a written agency relationship, if

applicable. The Office considers these

items of information to be basic

identifiers crucial to the effectiveness of

adequately informing the public of the

existence and ownership of a particular

work which is subject to a Notice of

Intent to Enforce. The title of a work and

the identity of the rights owner in the

work, including correct information

regarding an agent of the rights owner,

if an agency relationship existed, must

be present in the Copyright Office NIE

records in order for the NIE filer to meet

the requirements of the statute and to

allow the public through a reasonable

search to locate the essential

information within Office NIE records

about a given work restored to copyright

under the URAA. Where the original

NIE did not adequately identify the

owner of the restored work, the title of

the restored work or the agency

relationship, the Office will refuse to

record a Correction NIE that is

submitted after the two-year period

following a work’s restoration to

copyright protection.

Adequate identification of a restored

work means that accurate and sufficient

information concerning the three

statutorily required items of owner

identity, title, and agency relationship,

if any, is present in the original NIE.

The necessary accuracy and sufficiency

of information for the original NIE

includes, but is not limited to,

completeness of the information,

accurate spelling of names and titles,

and correct sequencing of wording

within names and titles so that a

reasonable search of the NIE records

will reveal the work in question. The

following are examples where original

NIEs contain information which would

not result in a reasonable search

revealing the actual, correct title or

owner identity for the restored work:

Title in original NIE: Robert Meets the Green

Rabbit Again

Title in Correction NIE: Here We Go Again—

The Green Rabbit and Robert

Title in original NIE: Now Are the Times

That Try Men’s Souls

Title in Correction NIE: Trying Times for

Mankind

Owner in original NIE: Kathy and Lori Film

Production, Inc.

Owner in Correction NIE: Kathy Lorenzo and

Lori Lorenzo

Where the two-year period has

expired and where there is doubt as to

whether an error is major or minor, i.e.,

whether the erroneous NIE is such that

it would fail to inform members of the

public doing a reasonable search of the

Copyright Office records of the

existence of a work that is subject to a

Notice of Intent to Enforce, the Office

will correspond with the filer

concerning the doubt and, if

appropriate, may resolve the doubt in

favor of the filer and record the

Correction NIE .

Because the regulations of the

Copyright Office allow the recordation

of any document pertaining to a

copyright, in instances where the Office

refuses the recordation of a Correction

NIE because the two-year period of

eligibility for initial filing of an NIE has

passed, a party may record any

document, including one concerning

rights restored under the URAA for a

given work, but may not designate the

document on its face to be a Notice of

Intent to Enforce or a Correction Notice

of Intent to Enforce. See 37 CFR 201.4

for Copyright Office regulations on

recordation of transfers and other

documents. All documents, including

NIEs and Correction NIEs, submitted for

recordation with the Office are found

within the same bibliographic database

and a reasonable search by title or

owner should reveal all recordations

filed with the Office concerning the

same title or owner identity.

C. Designation for a Correction Notice of

Intent to Enforce

A Correction NIE must be clearly

indicated as such, i.e., the document

filed should bear the title ‘‘Correction

Notice of Intent To Enforce,’’ or

‘‘Correction NIE.’’ It must also specify

the volume and document number for

the recordation of the original NIE. This

will enable the Office to record the

correction with the appropriate crossreference to the volume and document

number of the original NIE.

D. Format Information for Correction

NIEs

The suggested format for filing

Correction NIEs generally follows the

outline of the suggested format for the

original filing. This is included as

Appendix A below.

The format will be made available

over the Internet from where it can be

downloaded for use. Where a party

wishes to correct in the same filing NIEs

for many titles, he or she can adapt the

suggested format to allow more space

for titles. Use of the format enables the

filer to furnish information prescribed

by the original NIE regulation in orderly

form.

When information (either required or

optional) has been correctly given on

the original NIE, the Correction NIE

need not repeat that information. Filers

should include information in the

Correction NIE, however, that was

omitted from the previous NIE which

will help identify the restored work(s)

involved.

Correction NIEs must be in English,

except for the original title, and either

typed or printed by hand legibly in

dark, preferably black, ink. They should

be on 81⁄2′′ by 11′′ white paper of good

quality, with at least a 1′′ (or 3 cm)

margin.

E. Fees

The fee for a correction is the same as

that for an initial NIE: for one work, the

fee is thirty U.S. Dollars; for multiple

works that meet the conditions for being

filed on the same NIE, the fee is thirty

U.S. Dollars for the first work, plus one

dollar for each additional work. For NIE
Federal Register / Vol. 62, No. 208 / Tuesday, October 28, 1997 / Rules and Regulations 55739

filings, including corrections, see 37

CFR 201.33(e) for fee information.

The filing fee partially reimburses the

Office for its processing costs; the

Office, therefore, does not refund fees

for errors made by filers in NIEs.

V. Multiple NIEs for the Same Work

and Correction Cross-References

When rights in a restored work are

owned by several different parties,

multiple NIEs for the same work may be

submitted. For example, one person

may own the exclusive right of

reproduction and public distribution

and another the exclusive right of public

performance. When a work has multiple

rights owners, each owner must file a

separate NIE subject to the requirements

for initial filing within two years of

eligibility to receive the benefit of NIE

filing. In the instance of multiple

owners of rights in a single work, if a

party is acting on behalf of an earlier

owner of record in an NIE and

purporting to correct that earlier NIE,

the Office points out that only the NIE

record in the name of that particular

earlier owner will be cross-referenced.

Nevertheless, all NIE records for a given

title will be easily retrievable as a group;

if the works as recorded bear the same

title, the NIE records would appear

together in any title search of online

records.

VI. Cancellations and Withdrawals

The Office will not cancel a

recordation of an NIE unless the

recordation fee is uncollectible. While

the recordation of NIEs may not, with

the exception of an uncollectible fee, be

canceled (i.e., expunged from the

record), a request to record an NIE may

be withdrawn if the request to withdraw

is received before the record of the NIE

has been made available to the public

through the Internet. In order to

withdraw an NIE, the filer must contact

the Documents Unit of the Copyright

Office before the online record

(Copyright Office Publication and

Interactive Cataloging System (COPICS))

has been made publicly available. If the

Office has prepared the record for a

work that is later withdrawn, it will not

refund the fee.

VII. Publication of Additional NIE List

Under the URAA, the Office must

publish the Federal Register list of NIEs

processed by the Office every four

months. 17 U.S.C. 104A(e)(1)(B)(i).

Accordingly, lists have been published

beginning on May 1, 1996. (61 FR 19372

(May 1, 1996); 61 FR 46134 (Aug. 30,

1996); 61 FR 68454 (Dec. 27, 1996); 62

FR 20211 (April 25, 1997) and 62 FR

44842 (Aug. 22, 1997)). The Office will

publish its next list on December 19,

1997. This list will include NIEs

received and processed in the Office

through December 5, 1997. The final

Federal Register list for works from

countries that became eligible to file on

January 1, 1996, is scheduled to be

published on January 30, 1998. Cf. 17

U.S.C. 104A(e)(1)(B)(ii). This will

include NIEs previously received in the

Office but unprocessed by December 5,

1997, and NIEs received between

December 5, 1997, and December 31,

1997, inclusive.

Correction NIEs for major errors and

new NIEs from source countries that

became eligible to file on January 1,

1996, must be postmarked by December

31, 1997, to be accepted for January

Federal Register publication. Correction

NIEs for minor errors are acceptable at

any time following eligibility, but the

Office will not publish such minor

corrections in the Federal Register.

List of Subjects in 37 CFR Part 201

Cable television, Copyright,

Jukeboxes, Literary works, Satellites.

Interim Regulation

In consideration of the foregoing, the

Copyright Office amends 37 CFR part

201 in the manner set forth below:

PART 201—GENERAL PROVISIONS

1. The authority citation for part 201

is revised to read as follows:

Authority: 17 U.S.C. 702.

2. Section 201.34 is added to read as

follows:

§ 201.34 Procedures for filing Correction

Notices of Intent to Enforce a Copyright

Restored under the Uruguay Round

Agreements Act.

(a) General. This section prescribes

the procedures for submission of

corrections of Notices of Intent to

Enforce a Copyright (NIEs) Restored

under the Uruguay Round Agreements

Act of December 8, 1994, as required by

17 U.S.C. 104A(e), as amended by Pub.

L. 103–465, 108 Stat. 4809, 4976 (1994).

(b) Definitions. For purposes of this

section, the following definitions apply.

(1) Major error. A major error in filing

a Notice of Intent to Enforce a Copyright

Restored under the Uruguay Round

Agreements Act is an error in the name

of the copyright owner or rightholder, or

in the title of the work (as opposed to

its translation, if any) where such error

fails to adequately identify the restored

work or its owner through a reasonable

search of the Copyright Office NIE

records. Omission of, or incorrect

information regarding, a written agency

relationship also constitutes a major

error.

(2) Minor error. A minor error in filing

a Notice of Intent to Enforce a Copyright

Restored under the Uruguay Round

Agreements Act is any error that is not

a major error.

(3) Restored work. For the definition

of works restored under the URAA, see

37 CFR 201.33.

(c) Forms. The Copyright Office does

not provide forms for Correction Notices

of Intent to Enforce filed with the

Copyright Office. It requests that filers

of such Correction NIEs follow the

format set out in Appendix A of this

section and give all information listed in

paragraph (d) of this section. Correction

NIEs must be in English, and should be

typed or legibly printed by hand in

dark, preferably black ink, on 81⁄2′′ by

11′′ white paper of good quality with at

least a 1′′ (or three cm) margin.

(d) Requirements for Correction

Notice of Intent to Enforce a Copyright

Restored under the Uruguay Round

Agreements Act. (1) A correction for a

Notice of Intent to Enforce should be

clearly designated as a ‘‘Correction

Notice of Intent to Enforce’’ or

‘‘Correction NIE.’’

(2) Correction Notices of Intent to

Enforce should be sent to the following

address: URAA/GATT, NIEs and

Registrations, PO Box 70400, Southwest

Station, Washington, DC 20024, USA.

(3) A Correction NIE shall contain the

following information:

(i) The volume and document number

of the previous NIE which is to be

corrected;

(ii) The title of the work as it appears

on the previous NIE, including

alternative titles, if they appear;

(iii) The English translation of the

title, if any, as it appears on the

previous NIE;

(iv) A statement of the erroneous

information as it appears on the

previous NIE;

(v) A statement of the correct

information as it should have appeared

and an optional explanation of its

correction; or

(vi) A statement of the information to

be added. This includes optional

information such as:

(A) Type of work;

(B) Rights owned by the party on

whose behalf the Correction Notice is

filed;

(C) Name of author;

(D) Source country;

(E) Year of publication;

(F) Alternative titles;

(G) An optional explanation of the

added information.

(vii) The name and address:

(A) To which correspondence

concerning the document should be

sent; and
55740 Federal Register / Vol. 62, No. 208 / Tuesday, October 28, 1997 / Rules and Regulations

(B) To which the acknowledgment of

the recordation of the Correction NIE

should be mailed; and

(viii) A certification. The certification

shall consist of:

(A) A statement that, for each of the

works named above, the person signing

the Correction NIE is the copyright

owner, or the owner of an exclusive

right, or the owner’s authorized agent,

and that the information is correct to the

best of that person’s knowledge; (B) The typed or printed name of the

person whose signature appears;

(C) The signature and date of

signature; and (D) The telephone and telefax number

at which the owner, rightholder, or

agent thereof can be reached. (4) A Correction NIE may cover

multiple works in multiple NIE

documents for one fee provided that:

each work is identified by title; all the

works are by the same author; all the

works are owned by the same copyright

owner or owner of an exclusive right. In

the case of Correction NIEs, the notice

must separately designate each title to

be corrected, noting the incorrect

information as it appeared on the

previously filed NIE, as well as the

corrected information. A single notice

covering multiple titles need bear only

a single certification.

(5) Copies, phonorecords or

supporting documents cannot be made

part of the record of a Correction NIE

and should not be submitted with the

document.

(6) Time for Submitting Correction

NIEs.

(i) Major errors. The Copyright Office

will accept a Correction NIE for a major

error concerning a restored work during

the 24-month period beginning on the

date of restoration of the work, as

provided for original NIEs in section

104A(d)(2)(A) of title 17.

(ii) Minor errors. The Office will

accept a Correction NIE for a minor

error or omission concerning a restored

work at any time after the original NIE

has been filed, as provided in section

104A(e)(1)(A)(iii) of title 17.

(e) Fee.—(1) Amount. The filing fee

for recording Correction NIEs is 30 U.S.

dollars for each Correction Notice

covering one work. For single

Correction NIEs covering multiple

works, that is, for works by the same

author and owned by the same

copyright owner or owner of an

exclusive right, the fee is 30 U.S.

dollars, plus one dollar for each

additional work covered beyond the

first designated work.

(2) Method of payment. See 37 CFR

201.33(e)(1),(2).

(f) Public online access. Information

contained in the Correction Notice of

Intent to Enforce is available online in

the Copyright Office History Documents

(COHD) file through the Library of

Congress electronic information system,

available through the Internet. This file

is available from computer terminals

located in the Copyright Office itself or

from terminals located in other parts of

the Library of Congress through the

Library of Congress Information System

(LOCIS). Alternative ways to connect

through Internet are the World Wide

Web (WWW), using the Copyright Office

Home Page at: http:/www.loc.gov/

copyright; directly to LOCIS through the

telnet address at locis.loc.gov; or the

Library of Congress through gopher LC

MARVEL and WWW which are

available 24 hours a day. LOCIS is

available 24 hours a day, Monday

through Friday. For the purpose of

researching the full Office record of

Correction NIEs on the Internet, the

Office has made online searching

instructions accessible through the

Copyright Office Home Page.

Researchers can access them through

the Library of Congress Home Page on

the World Wide Web by selecting the

copyright link. Select the menu item

‘‘Copyright Office Records’’ and/or

‘‘URAA, GATT Amends U.S. law.’’

Images of the complete Correction NIEs

as filed will be stored on optical disk

and will be available from the Copyright

Office.

Appendix A to § 201.34—Correction

Notice of Intent To Enforce

Correction of Notice of Intent To Enforce

1. Name of Copyright Owner (or owner of

exclusive right) If this correction notice

is to cover multiple works, the author

and the rights owner must be the same

for all works covered by the notice.)

lllllllllllllllllllll

2. Title(s) (or brief description)

(a) Work No. 1—lll

Volume and Document Number: lll

English Translation: lll

(b) Work No. 2 (if applicable)—lll

Volume and Document Number: lll

English Translation: lll

(c) Work No. 3 (if applicable)—lll

Volume and Document Number: lll

English Translation: lll

(d) Work No. 4 (if applicable)—lll

Volume and Document Number: lll

English Translation: lll

3. Statement of incorrect information on

earlier NIE:

lllllllllllllllllllll

4. Statement of correct (or previously

omitted) information:

lllllllllllllllllllll

Give the following only if incorrect or

omitted on earlier NIE:

(a) Type of work lll

(b) Rights owned lll

(c) Name of author (of entire work) lll

(d) Source Country lll

(e) Year of Publication (Approximate if

precise year is unknown) lll

(f) Alternative titles lll

5. Explanation of error:

lllllllllllllllllllll

6. Certification and Signature: I hereby certify

that for each of the work(s) listed above,

I am the copyright owner, or the owner

of an exclusive right, or the owner’s

authorized agent, the agency relationship

having been constituted in a writing

signed by the owner before the filing of

this notice, and that the information

given herein is true and correct to the

best of my knowledge.

lllllllllllllllllllll

Name and Address (typed or printed):

lllllllllllllllllllll

Telephone/Fax:

lllllllllllllllllllll

As agent for:

lllllllllllllllllllll

Date and Signature:

lllllllllllllllllllll

Dated: October 22, 1997.

Marybeth Peters,

Register of Copyrights.

[FR Doc. 97–28488 Filed 10–27–97; 8:45 am]

BILLING CODE 1410–30–P

LIBRARY OF CONGRESS

Copyright Office

37 CFR Part 203

[Docket No. 97–7]

Implementation of the Electronic

Freedom of Information Act

Amendments of 1996

AGENCY: Copyright Office, Library of

Congress.

ACTION: Interim regulations with request

for comments.

SUMMARY: The Copyright Office is

issuing interim regulations regarding the

Freedom of Information Act to comply

with changes mandated by the

Electronic Freedom of Information Act

Amendments of 1996. The effect of the

interim regulations is to permit public

access to Office records that were

created on or after October 1, 1996, in

electronic format. The Office seeks

comment on these interim regulations.

EFFECTIVE DATE: This interim regulation

is effective November 1, 1997. Written

comments should be received on or

before November 28, 1997.

ADDRESSES: By mail: Ten copies of

written comments should be addressed

to David O. Carson, General Counsel,

Copyright GC/I&R, P.O. Box 70400,

Southwest Station, Washington, D.C.

20024. By hand: Ten copies of written