3. Claimant for Registration

Mr. Patry noted that the applicable statutory language relating to
the filing of NIEs permits the ``owners of restored copyright or the
owner of an exclusive right therein'' to file a NIE, while the URAA
statutory language covering registration indicates that ``owners of
restored copyrights'' may apply for copyright registration. He asserted
the statute's failure to mention the owner of an exclusive right in
connection with registration means that only an author may file a
registration. Comment 2, at 1-2.

The Office agrees that the restored copyright vests initially in
the author as determined by the law of the source country of the work.
A work, however, is registered in the name of a claimant. 17 U.S.C.
409. ``Claimant'' is a term of art defined in existing Copyright Office
regulations, as either the author of a work or a person or organization
that has obtained ownership of all rights under the copyright initially
belonging to the author. 37 CFR 202.3(a)(3). Thus, an owner of only an
exclusive right would not be permitted to file an application in his or
her own name as the copyright claimant, although he or she could submit
an application. While the URAA authorizes the Office to adopt
regulations permitting owners of restored copyrights to file for
registration of the restored copyright, there is nothing in the URAA to
suggest that parties who register a restored work are any different
from those under existing copyright law and regulations. Moreover, it
seems essential to retain the concept of claimant since authors may no
longer be alive.

4. Foreign Law