[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: 37CFR201.39]
[Page 414-417]
TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
CONGRESS
PART 201--GENERAL PROVISIONS--Table of Contents
Sec. 201.39 Notice to Libraries and Archives of Normal Commercial Exploitation or Availability at Reasonable Price.
(a) General. This section prescribes rules under which copyright
owners or their agents may provide notice to qualified libraries and
archives (including a nonprofit educational institution that functions
as such) that a published work in its last 20 years of copyright
protection is subject to normal commercial exploitation, or that a copy
or phonorecord of the work can be obtained at a reasonable price, for
purposes of section 108(h)(2) of title 17 of the United States Code.
(b) Format. The Copyright Office provides a required format for a
Notice to Libraries and Archives of Normal Commercial Exploitation or
Availability at Reasonable Price, and for continuation sheets for group
notices. The required format is set out in Appendix A to this section,
and are available from the Copyright Office website (http://
lcweb.loc.gov/copyright). The Copyright Office does not provide printed
forms. The Notice shall be in English (except for an original title,
which may be in another language), typed or printed legibly in dark ink,
and shall be provided on 8\1/2\ x 11 inch white paper with a one-inch
margin.
[[Page 415]]
(c) Required content. A ``Notice to Libraries and Archives of Normal
Commercial Exploitation or Availability at Reasonable Price'' shall be
identified as such by prominent caption or heading, and shall include
the following:
(1) The acronym NLA in capital, and preferably bold, letters in the
top right-hand corner of the page;
(2) A check-box just below the acronym NLA indicating whether
continuation sheets for additional works are attached;
(3) The title of the work, or if untitled, a brief description of
the work;
(4) The author(s) of the work;
(5) The type of work (e.g., music, motion picture, book, photograph,
illustration, map, article in a periodical, painting, sculpture, sound
recording, etc.);
(6) The edition, if any (e.g., first edition, second edition,
teacher's edition) or version, if any (e.g., orchestral arrangement,
translation, French version). If there is no information relating to the
edition or version of the work, the notice should so state;
(7) The year of first publication;
(8) The year the work first secured federal copyright through
publication with notice or registration as an unpublished work;
(9) The copyright renewal registration number (except this
information is not required for foreign works in which copyright is
restored pursuant to 17 U.S.C. 104A);
(10) The name of the copyright owner (or the owner of exclusive
rights);
(11) If the copyright owner is not the owner of all rights, a
specification of the rights owned (e.g., the right to reproduce/
distribute/publicly display/publicly perform the work or to prepare a
derivative work);
(12) The name, address, telephone number, fax number (if any) and e-
mail address (if any) of the person or entity that the Copyright Office
should contact concerning the Notice;
(13) The full legal name, address, telephone number, fax number (if
any) and e-mail address (if any) of the person or entity that Libraries
and Archives may contact concerning the work's normal commercial
exploitation or availability at reasonable price; and
(14) A declaration made under penalty of perjury that the work
identified is subject to normal commercial exploitation, or that a copy
or phonorecord of the work is available at a reasonable price.
(d) Additional content. A Notice to Libraries and Archives of Normal
Commercial Exploitation or Availability at Reasonable Price may include
the following:
(1) The original copyright registration number of the work; and
(2) Additional information concerning the work's normal commercial
exploitation or availability at a reasonable price.
(e) Signature. The Notice to Libraries and Archives of Normal
Commercial Exploitation or Availability at Reasonable Price shall
include the signature of the copyright owner or its agent. The signature
shall be accompanied by the printed or typewritten name and title of the
person signing the Notice, and by the date of signature.
(f) Multiple works. A Notice to Libraries and Archives may be filed
for more than one work. The first work shall be identified using the
format required for all Notices to Libraries and Archives. Each
additional work in the group must be identified on a separate
continuation sheet. The required format for the continuation sheet is
set out in Appendix B to this section, and is available from the
Copyright Office website (http://lcweb.loc.gov/copyright). A group
filing is permitted provided that:
(1) All the works are by the same author;
(2) All the works are owned by the same copyright owner or owner of
the exclusive rights therein. If the claimant is not owner of all
rights, the claimant must own the same rights with respect to all works
in the group;
(3) All the works first secured federal copyright in the same year,
through either publication with notice or registration as an unpublished
work;
(4) All the works were first published in the same year;
(5) The person or entity that the Copyright Office should contact
concerning the Notice is the same for all the works; and
[[Page 416]]
(6) The person or entity that Libraries and Archives may contact
concerning the work's normal commercial exploitation or availability at
reasonable price is the same for all the works.
(g) Filing--(1) Method of filing. The Notice to Libraries and
Archives of Normal Commercial Exploitation or Availability at Reasonable
Price should be addressed to: NLA, Library of Congress, Copyright
Office, 101 Independence Avenue, SE., Washington, DC 20559-6000. If
delivered by hand, it should be delivered during normal business hours,
8:30 a.m. to 5:00 p.m., to the Public Information Office, Room LM-401,
James Madison Memorial Building, Library of Congress, 101 Independence
Avenue, SE., Washington, DC.
(2) Amount. Each Notice shall be accompanied by a filing fee of $50,
and (if more than one work is identified in the Notice), $20 for each
additional work.
(3) Method of payment--(i) Checks, money orders, or bank drafts. The
Copyright Office will accept checks, money orders, or bank drafts made
payable to the Register of Copyrights. Remittances must be redeemable
without service or exchange fees through a United States institution,
must be payable in United States dollars, and must be imprinted with
American Banking Association routing numbers. Postal money orders that
are negotiable only at a post office and international money orders are
not acceptable. CURRENCY IS NOT ACCEPTED.
(ii) Copyright Office Deposit Account. The Copyright Office
maintains a system of Deposit Accounts for the convenience of those who
frequently use its services. The system allows an individual or firm to
establish a Deposit Account in the Copyright Office and to make advance
deposits into that account. Deposit Account holders can charge copyright
fees against the balance in their accounts instead of sending separate
remittances with each request for service. For information on Deposit
Accounts, visit the Copyright Office website or write: Copyright Office,
Library of Congress, Washington, DC 20559-6000, and request a copy of
Circular 5, ``How to Open and Maintain a Deposit Account in the
Copyright Office.''
Appendix A to Sec. 201.39--Required Format of Notice to Libraries and
Archives of Normal Commercial Exploitation or Availability at Reasonable
Price
NLA
{time} Check box if continuation sheets for additional works are
attached.
Notice to Libraries and Archives of Normal Commercial Exploitation or
Availability at Reasonable Price
1. Title of the work (or, if untitled, a brief description of the
work): ____________________.
2. Author(s) of the work: ____________________.
3. Type of work (e.g. music, motion picture, book, photograph,
illustration, map, article in a periodical, painting, sculpture, sound
recording, etc.): ____________________.
4. Edition, if any (e.g., first edition, second edition, teacher's
edition) or version, if any (e.g., orchestral arrangement, English
translation of French text). If there is no information available
relating to the edition or version of the work, the Notice should state,
``No information available'': ____________________.
5. Year of first publication: __________.
6. Year the work first secured federal copyright through publication
with notice or registration as an unpublished work: __________.
7. Copyright renewal registration number (not required for foreign
works restored under 17 U.S.C. 104A): __________.
8. Full legal name of the copyright owner (or the owner of exclusive
rights): __________.
9. The person or entity identified in space #8 owns:
{time} all rights.
{time} the following rights (e.g., the right to reproduce/distribute/
publicly display/publicly perform the work or to prepare a
derivative work): __________.
10. Person or entity that the Copyright Office should contact
concerning the Notice:
{time} Name:___________________________________________________________
{time} Address:________________________________________________________
{time} Telephone:______________________________________________________
{time} Fax number (if any):____________________________________________
{time} E-mail address (if any):________________________________________
11. Person or entity that libraries and archives may contact
concerning the work's normal commercial exploitation or availability at
a reasonable price:
{time} Name:___________________________________________________________
{time} Address:________________________________________________________
{time} Telephone:______________________________________________________
{time} Fax number (if any):____________________________________________
{time} E-mail address (if any):________________________________________
Additional Content (OPTIONAL):
12. Original copyright registration number: ____________________
[[Page 417]]
13. Additional information concerning the work's normal commercial
exploitation or availability at a reasonable price: ____________________
Declaration:
I declare under penalty of perjury under the laws of the United
States:
{time} that each work identified in this notice is subject to normal
commercial exploitation.
{time} that a copy or phonorecord of each work identified in this
notice is available at a reasonable price.
Signature:______________________________________________________________
Date:___________________________________________________________________
{time} Typed or printed name:__________________________________________
{time} Title:__________________________________________________________
Appendix B to Sec. 201.39--Required Format for Continuation Sheet
NLA CON
Page ____of ____Pages.
Continuation Sheet for NLA Notice to Libraries and Archives of Normal
Commercial Exploitation or Availability at Reasonable Price
1. Title of the work (or, if untitled, a brief description of the
work): ____________________.
2. Type of work (e.g. music, motion picture, book, photograph,
illustration, map, article in a periodical, painting, sculpture, sound
recording, etc.): ____________________.
3. Edition, if any (e.g., first edition, second edition, teacher's
edition) or version, if any (e.g., orchestral arrangement, English
translation of French text). If there is no information available
relating to the edition or version of the work, the Notice should state,
``No information available'': ____________________.
4. Copyright renewal registration number (not required for foreign
works restored under 17 U.S.C. 104A): ____________________.
Additional Content (OPTIONAL):
5. Original copyright registration number: ____________________.
6. Additional information concerning the work's normal commercial
exploitation or availability at a reasonable price:
____________________.
[63 FR 71787, Dec. 30, 1998]