Page:United States Statutes at Large Volume 108 Part 6.djvu/409

 PUBLIC LAW 103-465—DEC. 8, 1994 108 STAT. 4977 (or such owner's agent) files with the Copyright Office, during the 24-month period heginning on the date of restoration, a notice of intent to enforce the restored copyright; and "(iiXD the act of infringement commenced after the end of the 12-month period beginning on the date of publication of the notice in the Federal Register; "(II) the act of infringement commenced before the end of the 12-month period described in subclause (I) and continued after the end of that 12-month period, in which case remedies shall be available only for infringement occurring sifter the end of that 12-month period; or "(III) copies or phonorecords of a work in which copy- right has been restored under this section are made after publication of the notice of intent in the Federal Register. "(B)(i) The owner of the restored copyright (or such owner's agent) or the owner of an exclusive right therein (or such owner's agent) serves upon a reUance party a notice of intent to enforce a restored copyright; and "(ii)(I) the act of infringement commenced after the end of the 12-month period beginning on the date the notice of intent is received; "(II) the act of infringement commenced before the end of the 12-month period described in subclause (I) and continued after the end of that 12-month period, in which case remedies shall be available only for the infringement occurring after the end of that 12-month period; or "(III) copies or phonorecords of a work in which copy- right has been restored under this section are made after receipt of the notice of intent. In the event that notice is provided under both subparagraphs (A) and (B), the 12-month period referred to in such subparagraphs shall run from the earlier of publication or service of notice. "(3) EXISTING DERIVATIVE WORKS.— (A) In the case of a derivative work that is based upon a restored work and is created— "(i) before the date of the enactment of the Uruguay Round Agreements Act, if the source country of the derivative work is an eligible country on such date, or "(ii) before the date of adherence or proclamation, if the source country of the derivative work is not an eligible country on such date of enactment, a reUance party may continue to exploit that work for the duration of the restx)red copyright if the reliance party pays to the owner of the restored copyright reasonable compensation for conduct which would be subject to a remedy for infringement but for the previsions of this paragraph. "(B) In the absence of an agreement between the parties, the amount of such compensation shall be determinea by an action in United States district court, and shall reflect any harm to the actual or potential market for or value of the restored work from the reliance party's continued exploitation of the work, as well as compensation for the relative contributions of expression of the author of the restored work and the rehance party to the derivative work. Federal Register, publication. Federal Register, publication.

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