We use Optical Character Recognition (OCR) during our scanning and processing workflow to make the content of each page searchable. You can view the automatically generated text below as well as copy and paste individual pieces of text to quote in your own work.
Text recognition is never 100% accurate. Many parts of the scanned page may not be reflected in the OCR text output, including: images, page layout, certain fonts or handwriting.
664
Unlike the EC Term Directive, the U R A A outlines in detail the manner in which the rights of "reliance parties" (eg third parlies who are exploiting previously public-domain works prior to the effective date of restoration) must be protected In order to enforce a restored copyright against a party who was exploiting the work while it was in the public domain (termed a "reliance party"), the copyrightholder is required under amended Section 104A to file a claim of restoration of copyright with the US Copyright Office or send actual notice to the reliance party during the 24 month period beginning on the date of restoration *" Reliance panics will have a 12-month grace period from receipt" or publication of notice" in which to continue to exploit the work The grace period runs from the earlier of publication in the Federal Register or service of notice to the reliance party." However, the grace period excludes the right to make new copies or phonorecords of the work after publication of intent to restore in the Federal Register or receipt by the reliance party of notice of intent to restore *♦
The Copyright Office must establish procedures by October, 1, 1995 for filing notices of intent to enforce restored copyrights," and must keep a list of restored copyrights and publish such list in the Federal Register every four months for two years after the effective date of the Act.**
Special mandatory royalty provisions are provided to permit continued exploitation by reliance parties who have created derivative works based on previously public domain copyrights." The Act provides that 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 (the Act] """ If the parties do not have an agreement regarding the compensation to be paid, "the amount of such compensation shall be determined by an action in United States district court, and shall reflect any harm
9<'l7U.S.C.A § 104A(d)(2)
"nUSC.A. § 104A(d)(2)(AHii)(I).
92i7U.S.C.A. § 104A(d)(2)(B)(ii)(I).
95l7U SC A § 104A(d)(2)(B)(ii)(m).
^■♦n U S.C.A § 104A(d)(2)(B)(ii)(III).
95l7USCA. § 104A(3)(l)(D)(i).
96l7U.SCA 5 l04A(3)(l)(B)(i).
'^"Existing deri\ati\e «orks-(A) In the case of a dcri\ alive work ilial is Iwscd upon a restored work and
is crcated-(i) before the date of cnacimenl of the Uruguay Round Agrccnicnls Acl, if the source country of
the denvalive work is an eligible country on such dale, or (ii) before the dale of adherence or
proclamalion, if ihe source country of the deri\ali\e works is not an eligible country on sucti date of
enacimenl." I7USC A § 104A(d)(3)
^*17USCA § 104A(d)(3)(A)(ii).