Page:United States Statutes at Large Volume 111 Part 2.djvu/450

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Ill STAT. 1530 PUBLIC LAW 105-80—NOV. 13, 1997 fair market value, the panel shall base its decision on economic, competitive, and programming information presented by the parties, including— "'(i) the competitive environment in which such programming is distributed, the cost of similar signals in similar private and compulsory license marketplaces, and any special features and conditions of the retransmission marketplace; "'(ii) the economic impact of such fees on copyright owners and satellite carriers; and "'(iii) the impact on the continued availability of secondary transmissions to the public.'; and "(iii) in subparagraph (C), by inserting 'or July 1, 1997, whichever is later' after 'section 802(g)'.". (3) Section 2(5)(A) is amended to read as follows: "(A) in paragraph (5)(C) by striking 'the date of the enactment of the Satellite Home Viewer Act of 1988' and inserting 'November 16, 1988'; and". SEC. 2. COPYRIGHT IN RESTORED WORKS. Section 104A of title 17, United States Code, is amended as follows: (1) Subsection (d)(3)(A) is amended to read as follows: "(3) EXISTING DERIVATIVE WORKS. —(A) 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 restored work is an eligible country on such date, or "(ii) before the date on which the source country of the restored work becomes an eligible country, if that country is not an eligible country on such date of enactment, a reliance party may continue to exploit that derivative 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.". (2) Subsection (e)(l)(B)(ii) is amended by striking the last sentence. (3) Subsection (h)(2) is amended to read as follows: "(2) The 'date of restoration' of a restored copyright is— "(A) January 1, 1996, 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.". (4) Subsection (h)(3) is amended to read as follows: "(3) 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).