tain special instructions for
payment of the filing fee, including payment by credit card.
D. Mailing Address
All GATT/URAA applications for registration should be mailed to:
URAA/GATT, NIEs and Registrations, P.O. Box 72400, Southwest Station,
Washington, DC 20024, USA.
VI. NAFTA
Exactly a year before the URAA was signed into law, Congress
enacted the North American Free Trade Agreement Implementation Act
(NAFTA) of December 8, 1993, adding a new section 104A to the Copyright
Code that allowed copyright restoration in certain Mexican and Canadian
works. See generally, Federal Register notices leading to the
implementation of NAFTA, 59 FR 1408 (Jan. 10, 1994); 59 FR 12162 (Mar.
16, 1994); and 59 FR 58787 (Nov. 15, 1994). Although Congress modeled
the URAA provisions on NAFTA, there are significant differences. For
example, under the URAA, copyright restoration is automatic; under
NAFTA it was not. Moreover, the URAA requires an English translation of
the title as part of the NIE, but NAFTA did not require an English
translation for NAFTA statements of intent.
In enacting these two laws, Congress intended the restoration
provisions to operate separately from one another. Therefore, works
restored under NAFTA are not additionally restored under the URAA. It
is clear that Congress intended a new section 104A enacted in the URAA,
to replace the NAFTA version of section 104A. Unfortunately, the
statutory language in the URAA creates some ambiguities. The recent
presidential proclamation clarifies some of these questions. 60 FR
15845 (Mar. 27, 1995).
The regulation governing filings under NAFTA will be amended to
reflect a reference to the public law. This change is made necessary by
the deletion of the NAFTA version of section 104A. In addition,
Secs. 201.33 and 202.12 of the Copyright Office regulations contain
provisions clarifying that works already restored under NAFTA do not
additionally fall within the provisions of the URAA.
Despite the differences in NAFTA and URAA notice filings, the
registration procedures, including deposit preferences, available for
URAA restored works are also available for those works restored under
NAFTA.
List of Subjects
37 CFR Part 201
Cable television, Copyright, Jukeboxes, Literary works, Satellites.
37 CFR Part 202
Claims, Copyright.
In consideration of the foregoing, the Copyright Office amends 37
CFR parts 201 and 202 in th
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