[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 1999]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR201.22]
[Page 385-387]
TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
CONGRESS
PART 201--GENERAL PROVISIONS--Table of Contents
Sec. 201.22 Advance notices of potential infringement of works consisting of sounds, images, or both.
(a) Definitions. (1) An Advance Notice of Potential Infringement is
a notice which, if served in accordance with section 411(b) of title 17
of the United States Code, and in accordance with the provisions of this
section, enables a copyright owner to institute an action for copyright
infringement either before or after the first fixation of a work
consisting of sounds, images, or both that is first fixed simultaneously
with its transmission, and to enjoy the full remedies of said title 17
for copyright infringement, provided registration for the work is made
within three months after its first transmission.
[[Page 386]]
(2) For purposes of this section, the copyright owner of a work
consisting of sounds, images, or both, the first fixation of which is
made simultaneously with its transmission, is the person or entity that
will be considered the author of the work upon its fixation (including,
in the case of a work made for hire, the employer or other person or
entity for whom the work was prepared), or a person or organization that
has obtained ownership of an exclusive right, initially owned by the
person or entity that will be considered the author of the work upon its
fixation.
(3) A transmission program is a body of material that, as an
aggregate, has been produced for the sole purpose of transmission to the
public in sequence and as a unit.
(b) Form. The Copyright Office does not provide printed forms for
the use of persons serving Advance Notices of Potential Infringement.
(c) Contents. (1) An Advance Notice of Potential Infringement shall
be clearly and prominently captioned ``ADVANCE NOTICE OF POTENTIAL
INFRINGEMENT'' and must clearly state that the copyright owner objects
to the relevant activities of the person responsible for the potential
infringement, and must include all of the following:
(i) Reference to Title 17 U.S.C. section 411(b) as the statutory
authority on which the Advance Notice of Potential Infringement is
based;
(ii) The date, specific time, and expected duration of the intended
first transmission of the work or works contained in the specific
transmission program;
(iii) The source of the intended first transmission of the work or
works;
(iv) Clear identification, by title, of the work or works. A single
Advance Notice of Potential Infringement may cover all of the works of
the copyright owner embodied in a specific transmission program. If any
work is untitled, the Advance Notice of Potential Infringement shall
include a detailed description of that work;
(v) The name of at least one person or entity that will be
considered the author of the work upon its fixation;
(vi) The identity of the copyright owner, as defined in paragraph
(a)(2) of this section. If the copyright owner is not the person or
entity that will be considered the author of the work upon its fixation,
the Advance Notice of Potential Infringement also shall include a brief,
general statement summarizing the means by which the copyright owner
obtained ownership of the copyright and the particular rights that are
owned; and
(vii) A description of the relevant activities of the person
responsible for the potential infringement which would, if carried out,
result in an infringement of the copyright.
(2) An Advance Notice of Potential Infringement must also include
clear and prominent statements:
(i) Explaining that the relevant activities may, if carried out,
subject the person responsible to liability for copyright infringement;
and
(ii) Declaring that the copyright owner intends to secure copyright
in the work upon its fixation.
(d) Signature and identification. (1) An Advance Notice of Potential
Infringement shall be in writing and signed by the copyright owner, or
such owner's duly authorized agent.
(2) The signature of the owner or agent shall be an actual
handwritten signature of an individual, accompanied by the date of
signature and the full name, address, and telephone number of that
person, typewritten or printed legibly by hand.
(3) If an Advance Notice of Potential Infringement is initially
served in the form of a telegram or similar communication, as provided
by paragraph (e)(2)(iii) of this section, the requirement for an
individual's handwritten signature shall be considered waived if the
further conditions of said paragraph (e) are met.
(e) Service. (1) An Advance Notice of Potential Infringement shall
be served on the person responsible for the potential infringement not
less than 48 hours before the first fixation and simultaneous
transmission of the work as provided by 17 U.S.C. 411(b)(1).
(2) Service of the Advance Notice may be effected by any of the
following methods:
(i) Personal service;
(ii) First-class mail; or
(iii) Telegram, cablegram, or similar form of communication, if:
[[Page 387]]
(A) The Advance Notice meets all of the other conditions provided by
this section; and
(B) Before the first fixation and simultaneous transmission take
place, the person responsible for the potential infringement receives
written confirmation of the Advance Notice, bearing the actual
handwritten signature of the copyright owner or duly authorized agent.
(3) The date of service is the date the Advance Notice of Potential
Infringement is received by the person responsible for the potential
infringement or by any agent or employee of that person.
(17 U.S.C. 411, 702)
[46 FR 28849, May 29, 1981, as amended at 63 FR 66042, Dec. 1, 1998]