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U.S. Code as of:
01/19/04
Section 104A - Notes
SOURCE
(Added Pub. L. 103-182, title III, Sec. 334(a), Dec. 8, 1993, 107
Stat. 2115; amended Pub. L. 103-465, title V, Sec. 514(a), Dec. 8,
1994, 108 Stat. 4976; Pub. L. 104-295, Sec. 20(e)(2), Oct. 11,
1996, 110 Stat. 3529; Pub. L. 105-80, Sec. 2, Nov. 13, 1997, 111
Stat. 1530; Pub. L. 105-304, title I, Sec. 102(c), Oct. 28, 1998,
112 Stat. 2862.)
REFERENCES IN TEXT
The date of the enactment of the Uruguay Round Agreements Act,
referred to in subsecs. (d)(3)(A) and (h)(3), is the date of
enactment of Pub. L. 103-465, which was approved Dec. 8, 1994.
Section 101(d)(15) of the Uruguay Round Agreements Act, referred
to in subsec. (e)(1)(D)(i), is classified to section 3511(d)(15) of
Title 19, Customs Duties.
AMENDMENTS
1998 - Subsec. (h)(1)(A) to (E). Pub. L. 105-304, Sec. 102(c)(1),
added subpars. (A) to (E) and struck out former subpars. (A) and
(B) which read as follows:
"(A) a nation adhering to the Berne Convention or a WTO member
country; or
"(B) subject to a Presidential proclamation under subsection
(g)."
Subsec. (h)(3). Pub. L. 105-304, Sec. 102(c)(2), amended par. (3)
generally. Prior to amendment, par. (3) read as follows: "The term
'eligible country' means a nation, other than the United States,
that -
"(A) becomes a WTO member country after the date of the
enactment of the Uruguay Round Agreements Act;
"(B) on such date of enactment is, or after such date of
enactment becomes, a member of the Berne Convention; or
"(C) after such date of enactment becomes subject to a
proclamation under subsection (g).
For purposes of this section, a nation that is a member of the
Berne Convention on the date of the enactment of the Uruguay Round
Agreements Act shall be construed to become an eligible country on
such date of enactment."
Subsec. (h)(6)(E). Pub. L. 105-304, Sec. 102(c)(3), added subpar.
(E).
Subsec. (h)(8)(B)(i). Pub. L. 105-304, Sec. 102(c)(4), inserted
"of which" before "the majority" and struck out "of eligible
countries" after "domiciliaries".
Subsec. (h)(9). Pub. L. 105-304, Sec. 102(c)(5), struck out par.
(9) which read as follows: "The terms 'WTO Agreement' and 'WTO
member country' have the meanings given those terms in paragraphs
(9) and (10), respectively, of section 2 of the Uruguay Round
Agreements Act."
1997 - Subsec. (d)(3)(A). Pub. L. 105-80, Sec. 2(1), amended
subpar. (A) generally. Prior to amendment, subpar. (A) read as
follows: "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 reliance party may continue to exploit that work for the duration
of the restored 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
provisions of this paragraph."
Subsec. (e)(1)(B)(ii). Pub. L. 105-80, Sec. 2(2), struck out at
end "Such list shall also be published in the Federal Register on
an annual basis for the first 2 years after the applicable date of
restoration."
Subsec. (h)(2), (3). Pub. L. 105-80, Sec. 2(3), (4), amended
pars. (2) and (3) generally. Prior to amendment, pars. (2) and (3)
read as follows:
"(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 country' 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 subsection (g)."
1996 - Subsec. (h)(3). Pub. L. 104-295 substituted "subsection
(g)" for "section 104A(g)".
1994 - Pub. L. 103-465 substituted "Copyright in restored works"
for "Copyright in certain motion pictures" as section catchline and
amended text generally, substituting present provisions for
provisions restoring copyright in certain motion pictures and
providing for effective date of protection as well as use of
previously owned copies.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 109 of this title.
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