e owner of rights in a Berne work does
not have to register before initiating suit. <SUP>3

\3\ It would seem that this exception would apply only to works
that meet the definition of a ``Berne Convention work'' in 17 U.S.C.
101.

---------------------------------------------------------------------

It is true that the holder of a copyright certificate of
registration may secure some procedural advantages in litigating a
copyright suit based on the effective date of registration. If
registration is made before or within 5 years of publication, it will
establish prima facie evidence in court of the validity of the
copyright and of the facts stated in the certificate; and if
registration is made within 3 months after publication of the work or
prior to an infringement of the work, statutory damages and attorney's
fees will be available to the copyright owner in court actions.
Otherwise, only an award of actual damages and profits is available to
the copyright owner.

III. The Comments

A. Comments Submitted

The Copyright Office sought public comment concerning the
implementation of the URAA both prior to and after publication of its
Notice of Proposed Rulemaking (NPRM). The Office first published a
notice inviting interested parties to submit written comments and/or to
attend a public meeting held at the Copyright Office on March 20, 1995,
to discuss issues

[[Page 50416]]

related to NIEs and registration of restored works. 60 FR 7793 (Feb. 9,
1995). The Office sent this notice to over ninety authors rights
organizations and industry groups, as well as 182 foreign government
agencies with copyright authority, to give them the opportunity to
respond. Approximately forty individuals attended the meeting,
including representatives from authors' rights organizations, museums,
the publishing industry, the film industry, and the computer software
industry. <SUP>4 Fifteen written comments were submitted. The Office
considered all of these views as it developed proposed procedures for
the filing of NIEs and the registering of copyright claims in restored
works. On July 10, the Office published proposed regulations in the
Federal Register. 60 FR 35522 (July 10, 1995).

\4\ A copy of all written comments and a summary of the meeting
can be found in the Public Information Office of the Copyright
Office, Room LM-401, James Madison Memorial Building, Washington,
D.C.

---------------------------------