Page:United States Statutes at Large Volume 108 Part 6.djvu/411

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PUBLIC LAW 103-465—DEC. 8, 1994 108 STAT. 4979 regulations governing the filing under this subsection of notices of intent to enforce a restored copyright. "(ii) Such regulations shall permit owners of restored copy- rights to file simultaneously for registration of the restored copyright " (2) NOTICES OF INTENT SERVED ON A RELIANCE PARTY. — (A) Notices of intent to enforce a restored copyright may be served on a reUance party at any time after the date of restoration of the restored copyright. "(B) Notices of intent to enforce a restored copyright served on a reliance party shall be signed by the owner or the owner's agent, shall identify the restored work and the work in which the restored work is used, if any, in detail sufficient to identify them, and shall include an EngUsh translation of the title, any other alternative titles known to the owner by which the work may be identified, the use or uses to which the owner objects, and an address and telephone ntunber at which the rehance party may contact the owner. If the notice is signed by an agent, me agency relationship must have been constituted in writing and signed by the owner before service of the notice. "(3) EFFECT OF MATERIAL FALSE STATEMENTS. —Any material false statement knowingly made with respect to any restored copyright identified in any notice of intent shall make void all claims and assertions made with respect to such restored copyright. " (f) IMMUNITY FROM WARRANTY AND RELATED LD^ILITY. — "(1) IN GENERAL.—Any person who warrants, promises, or guarantees that a work does not violate an exclusive right granted in section 106 shall not be liable for legal, equitable, arbitral, or administrative relief if the warranty, promise, or guarantee is breached by virtue of the restoration of copyright under this section, if such warranty, promise, or guarantee is made before January 1, 1995. "(2) PERFORMANCES.— No person shall be required to perform any act if such performance is made infiinging by virtue of the restoration of copyright under the provisions of this section, if the obligation to perform was undertaken before January 1, 1995. " (g) PROCLAMATION OF COPYRIGHT RESTORATION.— Whenever the President finds that a particular foreign nation extends, to works by authors who are nationals or domiciliaries of the United States, restored copyright protection on substantially the same basis as provided under this section, 'the President may by proclamation extend restored protection provided under this section to any work— "(1) of which one or more of the authors is, on the date of first publication, a national, domicihary, or sovereign authority of that nation; or "(2) which was first published in that nation. The President may revise, suspend, or revoke any such proclamation or impose any conditions or limitations on protection under such a proclamation. "(h) DEFINITIONS.— For purposes of this section and section 109(a): "(1) The term 'date of adherence or proclamation' means the earlier of the date on which a foreign nation which, as of the date the WTO Agreement enters into force with respect