[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: 37CFR202.12]
[Page 425-426]
TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
CONGRESS
PART 202--REGISTRATION OF CLAIMS TO COPYRIGHT--Table of Contents
Sec. 202.12 Restored copyrights.
(a) General. This section prescribes rules pertaining to the
registration of foreign copyright claims which have been restored
to copyright protection under section 104A of 17 U.S.C., as amended
by the Uruguay Round Agreements Act, Public Law 103-465.
(b) Definitions.
(1) For the purposes of this section, restored work and source
country, have the definition given in the URAA and § 201.33(b)
of this chapter.
(2) Descriptive statement for a work embodied solely in
machine-readable format is a separate written statement giving
the title of the work, nature of the work (for example: computer
program, database, videogame, etc.), plus a brief description
of the contents or subject matter of the work.
(c) Registration -- (1) General. Application, deposit, and
filing fee for registering a copyright claim in a restored work
under section 104A, as amended, may be submitted to the Copyright
Office on or after January 1, 1996. The application, filing fee,
and deposit should be sent in a single package to the following
address: Library of Congress, Copyright Office, 101 Independence
Avenue S.E., Washington, D.C. 20559-6000.
(2) GATT Forms. Application for registration for single works
restored to copyright protection under URAA should be made on
Form GATT. Application for registration for a group of works
published under a single series title and published within the
same calendar year should also be made on Form GATT. Application
for a group of at least two and up to ten individual and related
works as described in paragraph (c)(5)(ii) of this section should
be made on Form GATT/GRP. GATT/URAA forms may be obtained by
writing or calling the Copyright Office Hotline at (202) 707-9100.
In addition, legible photocopies of these forms are acceptable if
reproduced on good quality, 8 1/2 by 11 inch white paper, and
printed head to head so that page two is printed on the back of
page one.
(3) Fee -- (i) Amount. The filing fee for registering a copyright
claim in a restored work is 30 U.S. dollars. The filing fee for
registering a group of multiple episodes under a series title
under paragraph (c)(5)(i) of this section is also $ 30. The filing
fee for registering a group of related works under paragraph
(c)(5)(ii) of this section is 10 U.S. dollars per individual work,
with a minimum fee of US$ 30.
(ii) Method of payment -- (A) 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.
In addition, international money orders, and postal money orders that
are negotiable only at a post office are not acceptable.
CURRENCY WILL NOT BE ACCEPTED.
(B) 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 please write: Register of Copyrights,
Copyright Office, Library of Congress, Washington, DC 20559, and
request a copy of Circular 5, "How to Open and Maintain a Deposit
Account in the Copyright Office."
(C) Credit cards. For URAA registrations the Copyright Office will
accept VISA, MasterCard, and American Express. Debit cards cannot
be accepted for payment. With the registration application, an
applicant using a credit card must submit a separate cover letter
stating the name of the credit card, the credit card number, the
expiration date of the credit card, the total amount authorized and
a signature authorizing the Office to charge the fees to the account.
To protect the security of the credit card number, the applicant
must not write the credit card number on the registration application.
(4) Deposit -- (i) General. The deposit for a work registered as a
restored work under the amended section 104A, except for those works
listed in paragraphs (c)(4)(ii) through (iv) of this section, should
consist of one copy or phonorecord which best represents the
copyrightable content of the restored work. In descending order of
preference, the deposit should be:
(A) The work as first published;
(B) A reprint or re-release of the work as first published;
(C) A photocopy or identical reproduction of the work as first
published; or
(D) A revised version which includes a substantial amount of the
copyrightable content of the restored work with an indication in
writing of the percentage of the restored work appearing in the
revision.
(ii) Previously registered works. No deposit is needed for works
previously registered in the Copyright Office.
(iii) Works embodied solely in machine-readable format. For works
embodied only in machine-readable formats, the deposit
requirements are as follows:
(A) One machine-readable copy and a descriptive statement of the
work; or
(B) Representative excerpts of the work, such as printouts; or, if
the claim extends to audiovisual elements in the work, a videotape
of what appears on the screen.
(iv) Pictorial, graphic and sculptural works. With the exception
of 3-dimensional works of art, the general deposit preferences
specified under paragraph (c)(4)(i) of this section shall govern.
For 3-dimensional works of art, the preferred deposit is one or
more photographs of the work, preferably in color.
(v) Special relief. An applicant who is unable to submit any of
the preferred deposits may seek an alternative deposit under
special relief (37 CFR 202.20(d)). In such a case, the applicant
should indicate in writing why the deposit preferences cannot be
met, and submit alternative identifying materials clearly showing
some portion of the copyrightable contents of the restored work
which is the subject of registration.
(vi) Motion pictures. If the deposit is a film print (16 or 35 mm),
the applicant should contact the Performing Arts Section of the
Examining Division for delivery instructions. The telephone number
is: (202) 707-6040; the telefax number is: (202) 707-1236.
(5) Group registration. Copyright claims in more than one restored
work may be registered as a group in the following circumstances:
(i) Single series title. Works published under a single series title
in multiple episodes, installments, or issues during the same
calendar year may be registered as a group, provided the owner
of U.S. rights is the same for all episodes, installments, or
issues. The Form GATT should be used and the number of episodes
or installments should be indicated in the title line. The filing
fee for registering a group of such works is $ 30. In general, the
deposit requirements applicable to restored works will be applied
to the episodes or installments in a similar fashion. In the case
of a weekly or daily television series, applicants should first
contact the Performing Arts Section of the Examining Division. The
telephone number is (202) 707-6040; the telefax number is
(202) 707-1236.
(ii) Group of related works. A group of related works may be
registered on the Form GATT/GRP, provided the following conditions
are met: the author(s) is the same for all works in the group; the
owner of all United States rights is the same for all works in the
group; all works must have been published in the same calendar year;
all works fit within the same subject matter category, i.e.,
literary works, musical works, motion pictures, etc.; and there
are at least two and not more than ten individual works in the
group submitted. Applicants registering a group of related works
must file for registration on the Form GATT/GRP. The filing fee for
registering a group of related works is ten dollars per individual
work, with a minimum fee of $ 30.
(d) Works excluded. Works which are not copyrightable subject
matter under title 17 of the U.S. Code, other than sound
recordings fixed before February 15, 1972, shall not be
registered as restored copyrights.
[60 FR 50414, 50422, Sept. 29, 1995; 64 FR 12902, Mar. 16, 1999;
64 FR 29518, 29522, June 1, 1999]