GATT, copyright and Gutenberg

From: <CNICOPY[_at_]charlie.usd.edu>
Date: Fri, 2 Dec 1994 16:09:47 -0600 (CST)

From:	CHARLI::CNICOPY       2-DEC-1994 16:08:59.33
To:	COPYRIGHT
CC:	CNICOPY
Subj:	GATT and copyright forfeiture

Terry Carroll writes:

>3) Prior to 1989, U.S. copyright law was such that if a work was
>published without a copyright notice, it entered the public domain.
>Furthermore, prior to 1972, sound recordings were not protected by
>copyright at all.

snip

>GATT section 514 replaces copyright code section 104A, expanding the scope
>of the section. There are a few major differences between the NAFTA
>version of 104A and the GATT version of 104A:
> a) The countries affected by the GAT 104A are any World Trade
>Organization member countries, not just Canada and Mexico.
> b) The GATT 104A applies to any work whose copyright was forfeited
>due to failure to observe formalities, not just motion pictures or related
>works.
> c) The GATT 104A applies to works that entered the public domain
>because of the lack of pre-1972 copyright protection for sound recordings;
>and
> d) The GATT 104A applies not only to works that became PD due to
>non-compliance with the notice formality, but also to works that became PD
>due to noncompliance with any other formality: namely the failure to
>renew, and the failure to comply with the requirement that the work be
>manufactured in the US or Canada (both of which formalities are no longer
>required as a condition for copyright).
> e) Unlike the NAFTA 104A, under the GAT 104A, there is no
>requirement to file a statement with the Copyright Office to restore the
>copyright. However, a statement of intent to enforce the copyright is
>required in certain instances, against certain parties (called "reliance
>parties"). The statement can be filed either with the Copyright Office,
>or may be served on the party.

This is a major change, especially for those who have relied on forfeiture provision in republishing works that have entered the public domain. Is this change retroactive? Who is a reliance party? Who is not a reliance party? What do you have to do to become a reliance party? Does the Copyright Office have any plans to create an online searchable database of these statements of intent to enforce the copyright?

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Received on Fri Dec 02 1994 - 22:16:29 GMT