Page:United States Statutes at Large Volume 108 Part 6.djvu/412

 108 STAT. 4980 PUBLIC LAW 103-465—DEC. 8, 1994 to the United States, is not a nation adhering to the Berne Convention or a WTO member country, becomes— "(A) a nation adhering to the Berne Convention or a WTO member country; or "(B) subject to a Residential proclsunation under subsection (g). "(2) The 'date of restoration' of a restored copyright is the later of— "(A) the date on which the Agreement on Trade-Related Aspects of Intellectual Property referred to in section 101(d)(15) of the Uruguay Round Agreements Act enters into force with respect to the United States, if the source country of the restored work is a nation adhering to the Berne Convention or a WTO member country on such date; or "(B) the date of adherence or proclamation, in the case of any other source country of the restored work. "(3) The term 'eligible coiintry* means a nation, other than the United States, that is a WTO member country, adheres to the Berne Convention, or is subject to a proclamation under section 104A(g). "(4) The term VeHance party* means any person who— "(A) with respect to a particular work, engages in acts, before the source country of that work becomes an eligible country, which would have violated section 106 if the restored work had been subject to copyright protection, and who, after the soiurce country becomes an eligible country, continues to engage in such acts; "(B) before the source country of a particular work becomes an eligible country, makes or acquires 1 or more copies or phonorecords of that work; or "(C) as the result of the sale or other disposition of a derivative work covered under subsection (d)(3), or significant assets of a person described in subparagraph (A) or (B), is a successor, assignee, or licensee of that person. "(5) The term ^restored copyright means copjnight in a restored work under this section. "(6) The term ^restored work' means an original work of authorship that— "(A) is protected under subsection (a); "(B) is not in the public domain in its source country through expiration of term of protection; "(C) is in the public domain in the United States due to— "(i) noncompHance 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; "(ii) lack of subject matter protection in the case of sound recordings fixed before February 15, 1972; or "(iii) lack of national eligibility; and "(D) lias 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

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