Page:Copyright Office Compendium 3rd Edition - Full.djvu/565

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Compendium of U.S. Copyright Office Practices, Third Edition

supersedes the NAFTA amendment discussed below. Works from treaty countries whose copyrights have been restored may be registered on Form GATT. For information concerning this procedure, see Chapter 2000, Section 2007.

808.1 0(K)(2) North American Free Trade Agreement (NAFTA)

In 1993, the North American Free Trade Agreement (NAFTA] between the United States, Canada, and Mexico was implemented. Under NAFTA, the United States agreed to restore copyrights in certain motion pictures which entered the public domain in the United States because they were published without a copyright notice in Mexico and Canada on or after January 1, 1978 and before March 1, 1989. See NAFTA, U.S. - Can. - Mex., annex. 1705.7, Dec. 17, 1992,107 Stat. 2057, 32 I.L.M. 289 (1993). To benefit from this agreement, a copyright owner had to file a notice of intent to enforce the restored copyright with the U.S. Copyright Office between January 1, 1994 and January 1, 1995. The notice was then published by the U.S. Copyright Office in the Federal Register. Restoration was effective on January 1, 1995. A list of motion pictures restored under NAFTA was posted in the Federal Register, and on the Office's website atwww.copyright.gov/fedreg/1995/60fr8252.html. See Copyright Restoration of Certain Motion Pictures in Accordance with the North American Free Trade Agreement: List of Titles for Which Statements of Intent to Restore Copyright Were Received, 60 Fed. Reg. 8252 (Feb. 13, 1995).

Although the period for filing these notices has expired, copyright owners who filed such notices may continue to file applications to register these restored works. If a notice of intent to enforce the restored copyright was not filed in a timely manner, the work may have been restored effective January 1, 1996 under the URAA/GATT provisions of the copyright law. See Chapter 2000, Section 2007.

808.11 Application Tips for Motion Pictures

This Section provides basic information on how to complete the online and paper applications for a motion picture, as well as terms to use and terms to avoid when describing such works.

For detailed information on how to complete an application, see Chapter 600.

808.11(A) Type of Work

When registering a claim in a motion picture using the online application, the applicant should select "Motion Picture/AV Work" as the Type of Work. When submitting a paper application, the applicant should use Form PA.

808.11(B) The Work Made for Hire Field / Space

Before completing the application, it is important to determine whether part or all of the motion picture was "made for hire." For general information concerning works made for hire for motion pictures, see Sections 808.10(A](1] and 808.10(A](2]. For a detailed discussion of this topic, see Chapter 500, Section 506.

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