would be owned by a
government or instrumentality thereof, is not a restored work.

B. Effective Date of Restoration

Eligible copyrights are restored automatically on the date the
Agreement on Trade Related Aspects of Intellectual Property (TRIPs)
enters into force with respect to the United States (URAA, section
514(a)). As discussed in the Notice of Policy Decision and Public
Meeting, the Copyright Office has concluded that the effective date of
copyright restoration is January 1, 1996. 60 FR 7793 (Feb. 9, 1995).
President Clinton has confirmed that the date on which the obligations
of the TRIPs Agreement will take effect for the United States is
January 1, 1996. Proclamation No. 6780, 60 FR 15845 (Mar. 27, 1995).

II. The Copyright Office's Responsibilities

Although copyright restoration is automatic for eligible works, the
URAA charged the Office with establishing regulations to govern the
filing of Notices of Intent to Enforce (NIEs) restored copyrights and
the registering of copyright claims in restored works by no later than
October 1, 1995.

The Act also requires the Office to publish a list in the Federal
Register identifying restored works and their ownership where NIEs have
been filed with the Office. The Office must also maintain a list
containing all NIEs for inspection and copying by the public.

A. Notices of Intent To Enforce

1. Notification of Reliance Party

The URAA directs the owner of a restored work to notify reliance
parties if the owner of the rights in a restored work plans to enforce
those rights. A reliance party is typically a business or individual
who, relying on the public domain status of a work, was already using
the work prior to December 8, 1994, the date of enactment of the URAA.
<SUP>2 The URAA authorizes the owner of a right in a restored work
either to provide actual notice by serving a NIE directly on a reliance
party or to provide constructive notice through the filing of a NIE
with the Copyright Office.

\2\ This is true for the great majority of works. However, for
works from any country which 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, the WTO, or as a result of a Presidential
proclamation.

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2. Effective Filing Date

A work