erpret Article 18(1) on
restoration <SUP>5 as being mandatory. The U.S. Justice Department in
its review of the URAA legislation concluded that under existing
precedents interpreting the Fifth Amendment, the Notice of Intent to
Enforce the Restored Copyright avoided an unconstitutional ``taking.''
<SUP>6 Thus, the Justice Department considered these provisions as
critical.

\5\ This Convention shall apply to all works which, at the
moment of its coming into force, have not yet fallen into the public
domain in the country of origin through the expiry of the term of
protection. Berne Convention art. 18(1)(Paris text).

\6\ See Memorandum from Chris Schroeder, Counsellor to the
Assistant Attorney General, Office of Legal Counsel, United States
Dept. of Justice to Ira S. Shapiro, General Counsel, USTR, on
Whether Certain Copyright Provisions in the Draft Legislation to
Implement the Uruguay Round of Multilateral Trade Negotiations Would
Constitute a Taking Under the Fifth Amendment (July 29, 1994).

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We believe that such a filing is not inconsistent with the Berne
Convention because Article 18(3) <SUP>7 of the Berne Convention
specifically permits member nations to determine ``conditions'' for
applying the principles of restoration. Copyright restoration occurs
automatically; the URAA merely creates a narrow set of conditions
requiring notification to reliance parties. Moreover, the information
sought on the NIEs is calculated to assist in the voluntary licensing
of the restored work. The decision of Congress to enact these
provisions is, therefore, supported by the legitimate interests of both
reliance parties and copyright owners, by constitutional
considerations, and by Article 18(3) of the Berne Convention.

\7\ The application of this principle shall be subject to any
provisions contained in special conventions to that effect existing
or to be concluded between countries of the Union. In the absence of
such provisions, the respective countries shall determine, each in
so far as it is concerned, the conditions of application of this
principle. Berne Convention art. 18(3) (Paris text).

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The Office has tried, however, to make the procedures for filing
NIEs practical, realizing that too detailed requirements would burden
the owner and that too general ones w