Page:United States Statutes at Large Volume 108 Part 6.djvu/408

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108 STAT. 4976 PUBLIC LAW 103-465—DEC. 8, 1994 (b) CONFORMING AMENDMENT. —The table of sections for chapter 113 of title 18, United States Code, is amended by inserting Euler the item relating to section 2319 the following: 2319A. Unauthorized fixation of and trafficking in sound recordings and music videos of live musical performances.". SEC. 614. RESTORED WORKS. (a) IN GENERAL.—Section 104A of title 17, United States Code, is amended to read as follows: "§ 104A. Copyright in restored works "(a) AUTOMATIC PROTECTION AND TERM.— " (1) TERM.— "(A) Copyright subsists, in accordance with this section, in restored works, and vests automatically on the date of restoration. "(B) Any work in which copyright is restored under this section shall subsist for the remainder of the term of copjrright that the work would have otherwise been granted in the United States if the work never entered the public domain in the United States. "(2) EXCEPTION. —Any work in which the copyright was ever owned or administered by the Alien Property Custodian and in which the restored copyright would be owned by a government or instrumentsiHty tnereof, is not a restored work. (b) OWNERSHIP OF RESTORED COPYRIGHT.— A restored work vests initially in the author or initial rightholder of the work as determined by the law of the source countiy of the work. "(c) FILING OF NOTICE OF INTENT TO ENFORCE RESTORED COPY- RIGHT AGAINST RELIANCE PARTIES. —On or after the date of restoration, any person who owns a copyright in a restored work or an exclusive right therein may file with the Copyright Office a notice of intent to enforce that person's copyright or exclusive right or may serve such a notice directly on a reliance party. Acceptance of a notice by the Copyright Office is effective as to any reUance parties but shall not create a presumption of the vaHdity of any of the facts stated therein. Service on a rehance party is effective as to that reliance party and any other reUance parties with actual knowledge of such service and of the contents of that notice. "(d) REMEDIES FOR INFRINGEMENT OF RESTORED COPYRIGHTS.— " (1) ENFORCEMENT OF COPYRIGHT IN RESTORED WORKS IN THE ABSENCE OF A RELIANCE PARTY.— As against any party who is not a reUance psirty, the remedies provided in chapter 5 of this title slmll be available on or after the date of restoration of a restored copyright with respect to an act of infringement of the restorea copyright that is commenced on or after the date of restoration. " (2) ENFORCEMENT OF COPYRIGHT IN RESTORED WORKS AS AGAINST RELIANCE PARTIES. —As against a reUance psirty, except to the extent provided in paragraphs (3) and (4), the remedies provided in chapter 5 of this title shall be available, with respect to an act of infringement of a restored copyright, on or after the date of restoration of the restored copyright if the requirements of either of the following subparagraphs are met: "(A)(i) The owner of the restored copjoight (or such owner's agent) or the owner of an exclusive right therein