Section 104A of 17 U.S.C. restored copyrights in certain foreign works that had fallen into the public domain due to a failure to carry a copyright notice. The restored copyright vests initially in the author or initial rightholder of the work. If an owner intends to enforce the copyright against someone who used the work in the U.S. based on that person's reliance on the work's public domain status, the owner must file a notice with the Copyright Office, which must in turn be published in the Federal Register.
To search the Copyright Catalog to find Notices of Intent to Enforce (NIE), go here.
To get the Copyright Office's Federal Register notices indexed by year and title or subscribe to an RSS feed to get them automatically, go here.To search the entire Federal Register for recent years go here.
To search the Code of Federal Regulations for any number of reasons, go here.
Copyright law, fine art and navigating the courts. Author Copyright Litigation Handbook (Thomson Reuters Westlaw 2019-2020)
Thursday, January 04, 2007
Copyright Restoration Act - Locating Restored Works
Labels:
17 usc 104A,
code of federal regulations,
copyright office,
copyright restoration act,
foreign works,
notice of intent to enforce,
recording documents with the copyright office
Partner in law firm Dunnington Bartholow & Miller LLP in New York City litigating in federal and state courts and arbitrations. Experienced trial and appellate practitioner. Author: Copyright Litigation Handbook (Thomson Reuters 2019-2020). The New York Law Journal called it "an indispensable guide". Board of Directors of the Fordham Law Alumni Association, former General Counsel & Director Federal Bar Association, FBA Chair of the Circuit VPs, ViP for Second Circuit. Member Board of Governors, National Arts Club. President, Network of Bar Leaders (2013-2014).
Attorney advertising disclaimer - prior results do not guarantee success. The statements and opinions voiced here are my own and not of my law firm.
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