whose source country is a member of the Berne Convention or
the World Trade Organization on January 1, 1996, is restored on that
date. The owner of such a work may file a NIE concerning that work
between January 1, 1996, and December 31, 1997. The Office will publish
the first listing of NIEs no later than May 1, 1996, and will publish
lists at regular four-month intervals for a period of two years
thereafter.
In the case of works from any source country which became eligible
for restoration under the URAA after January 1, 1996, owners of such
works may file NIEs with the Copyright Office for a two year period
starting from the date that country became eligible. The Office will
also publish a list of NIEs as detailed above, for works from any of
those countries, but the time frame for such lists will be measured
from the date a particular country becomes eligible.
3. Effect of Notice on Reliance Party
A reliance party has a twelve-month period to sell off previously
manufactured stock, to publicly perform or display the work, or to
authorize others to conduct these activities. This period begins when
the owner of a restored work notifies the reliance party that the owner
is enforcing copyright in the identified work. The date runs from
either the date of publication in the Federal Register identifying the
work or receipt of actual notice. If Notice of Intent to Enforce a
Restored Copyright is provided both by publication in the Federal
Register and service on the reliance party, the period runs from
whichever date is the earlier, the date of Federal Register publication
or service of actual notice. All reliance parties, except those who
created certain derivative works, must cease using the work at the end
of the twelve-month period unless they reach a licensing agreement with
the copyright owner for continued use of the restored work.
B. Registration of Copyright Claims in Restored Works
The second filing that the owner of a restored work may choose to
make with the Copyright Office is an application for registration of a
copyright claim. Copyright registration is voluntary; the URAA directs
the Office to have procedures for such registration, but it does not
require owners of the restored works to register. Although the owner of
a work not considered a Berne work as defined in 17 U.S.C. 101 must
obtain or seek registration for a work before he or she can bring a
copyright infringement action, th
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