Page:Highlights of Copyright Amendments Contained in the URAA Circular 38B Rev07-2006.djvu/7

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Highlights of Copyright Amendments in URAA · 7

4 . The work could be in the public domain because the copyright owner failed to comply with one or more of the formalities required by U.S. copyright law, for instance by publishing the work without a proper copyright notice, failing to renew the copyright, or by failing to comply with the manufacturing clause or ad interim provisions of the copyright law.

5 . This is true for the great majority of works. However, for works from any country that was not eligible under the URAA as of December 8, 1994, reliance parties would be those using the work before the date on which that country becomes an eligible country by joining Berne or the WTO or as a result of a Presidential proclamation.

6 . Although a country may become a source country through a presidential proclamation, only one such proclamation has been issued as of June 2000. That proclamation had to do with Vietnam.

7 . The question of whether a work from a country that is a member of WTO but not Berne must be registered was not specifically addressed in the legislation, but one can only assume that works that do not come under the definition of "Berne Convention work" found in 17 USC 101 would have to be registered before the owner can initiate a suit.

8 . P.L. 103-182, 107 Stat. 2057.

9 . See 60 FR 8252 (February 13, 1995) for a list of these works.