Page:United States Statutes at Large Volume 108 Part 6.djvu/413

 PUBLIC LAW 103-465—DEC. 8, 1994 108 STAT. 4981 States during the 30-day period following publication in such eligible country. "(7) The term Vi^htnolder' means the person— "(A) who, with respect to a sound recording, first fixes a sound recording with authorization, or "(B) who has acquired rights from the person described in subparagraph (A) by means of any conveyance or by operation of law. "(8) The 'source country* of a restored work is— "(A) a nation other than the United States; "(B) in the case of an unpublished work— "(i) the eligible country in which the author or rightholder is a national or domiciliary, or, if a restored work has more than 1 author or rightholder, the majority of foreign authors or rightholders are nationals or domiciliari.es of eligible countries; or "(ii) 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 "(C) in the case of a published work— "(i) the eligible country in which the work is first published, or "(ii) if the restored work is published on the same day in 2 or more eligible countries, the eligible country wMch has the most significant contacts with the work. "(9) The terms WTO Agreement and *WTO member cotmtry* have the meanings given those terms in paragraphs (9) and (10), respectively, of section 2 of the Uruguay Round Agreements Act.". (b) LIMITATION.— Section 109(a) of title 17, United States Code, is Eunended by adding at the end the following: "Notwithstanding the preceding sentence, copies or phonorecoras of works subject to restored copyright under section 104A that are manufactured before the date of restoration of copyright or, with respect to reUance parties, before publication or service of notice under section 104A(e), may be sold or otherwise disposed of without the authorization of the owner of the restored copyright for purposes of direct or indirect commercial advantage only during the 12-month period beginning on— (1) the date of the publication in the Federal Register of the notice of intent filed with the Copyright Office under section 104A(d)(2)(A), or "(2) the date of the receipt of actual notice served under section 104A(d)(2)(B), whichever occurs first.". (c) CONFORMING AMENDMENT.—The item relating to section 104A in the table of sections for chapter 1 of title 17, United States Code, is amended to read as follows: "104A. Copyright in restored works.". Subtitle B—Trademark Provisions SEC. 521. DEFINrnON OF "ABANDONED". Section 45 of the Act entitled "An Act to provide for the registration and protection of trade-marks used in commerce, to carry

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