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to the actual or potential market or value of the restored work from the reliance party's continued exploitation of the work, as well as compensation for the relative contributions of expression of the author of the restored work and the reliance party to the derivative work " To enforce the restored copyright against parties whose exploitation began after the restoration date of the restored work, no notice filing or mailing of intent to enforce is required"*
2 Summary.
Under the U.R.A.A., copyright in public domain works of foreign origin will be revived in the U.S. if their public domain status is a result of failure to comply with copyright formalities The U R A A brings the U S into closer compliance with the Berne Convention, and provides an opportunity for foreign work owners to remedy the effects of earlier failure to fulfill U.S. copyright formalities. For foreign work owners wishing to enforce their works against "reliance parties" it is important to take note of the notice requirements under the Act, as well as the 24 month deadline for notice. The Copyright Office anticipates that it will receive thirty to fifty-thousand Notices of Intent to Enforce restored copyrights (NIEs) annually"" The overall impact of the U R A A will be even greater than the NIE filings will evidence, as owners of previously public-domain works have a basis on which to recommence marketing and licensing programs to non-reliance third parties without the requirement of filing an NIE
D. Proposed U.S. Copyright Term Extension Act of 1995.
"Monopolies may be allowed to persons /or their own productions in literature, and their own inventions in the arts, for a terni not exceeding _ years, but for no longer term &for no other put pose. "
-proposed patent/copyright clause for the first US. Constitution, sent by Thomas Jefferson to James Madison"*'
The debate over the duration of monopoly to be granted to authors (and inventors) in the
^\l use A ยง i04A(d)(r')(B)
'<>'*17U.SC.A 5 104A(d)(l)
""Copyright OfTicc Hcanngon Rcsiored Copyrights. March 2U. 1995 (Sinicmcnl of Copyright Office Acting General Counsel Maril\n Krcisingcr) BNA-P.atElNT. Copyright .vjd Trademark Daily, March 29. 1995
'"^citcd in John Deere Co v Cook Chcm Co . 383 US I. 86 S Ci 684 (1%5).
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