ther disposition of a
derivative work, covered under the new 17 U.S.C. 104A(d)(3), or of
significant assets of a person, described in the new 17 U.S.C. 104
A(d)(3) (A) or (B), is a successor, assignee or licensee of that
person.

(3) Restored work means an original work of authorship that--

(i) Is protected under 17 U.S.C. 104A(a);

(ii) Is not in the public domain in its source country through
expiration of term of protection;

(iii) Is in the public domain in the United States due to--

(A) Noncompliance with formalities imposed at any time by United
States copyright law, including failure of renewal, lack of proper
notice, or failure to comply with any manufacturing requirements;

(B) Lack of subject matter protection in the case of sound
recordings fixed before February 15, 1972; or

(C) Lack of national eligibility; and

(iv) Has at least one author or rightholder who was, at the time
the work was created, a national or domiciliary of an eligible country,
and if published, was first published in an eligible country and not
published in the United States during the 30-day period following
publication in such eligible country.

(4) Source country of a restored work is--

(i) A nation other than the United States; and

[[Page 50421]]

(ii) In the case of an unpublished work--

(A) The eligible country in which the author or rightholder is a
national or domiciliary, or, if a restored work has more than one
author or rightholder, the majority of foreign authors or rightholders
are nationals or domiciliaries of eligible countries; or

(B) If the majority of authors or rightholders are not foreign, the
nation other than the United States which has the most significant
contacts with the work; and

(iii) In the case of a published work--

(A) The eligible country in which the work is first published; or

(B) If the restored work is published on the same day in two or
more eligible countries, the eligible country which has the most
significant contacts with the work.

(c) Forms. The Copyright Office does not provide forms for Notices
of Intent to Enforce filed with the Copyright Office. It requests that
filers of such notices follow the format set out in Appendix A of this
section and give all of the information listed in paragraph (d) of this
section. Notices of Intent to Enforce must be in English, and should be
typed or printed by