oclamation or impose any conditions or limitations
on protection under a proclamation.
For purposes of paragraph (2), a work that is published in the United
States or a treaty party within 30 days after publication in a foreign
nation that is not a treaty party shall be considered to be first
published in the United States or such treaty party, as the case may be.
(c) Effect of Berne Convention. No right or interest in a work eligible
for protection under this title may be claimed by virtue of, or in
reliance upon, the provisions of the Berne Convention, or the adherence
of the United States thereto. Any rights in a work eligible for
protection under this title that derive from this title, other Federal
or State statutes, or the common law, shall not be expanded or reduced
by virtue of, or in reliance upon, the provisions of the Berne
Convention, or the adherence of the United States thereto.
(d) Effect of Phonograms Treaties. Notwithstanding the provisions of
subsection (b), no works other than sound recordings shall be eligible
for protection under this title solely by virtue of the adherence of the
United States to the Geneva Phonograms Convention or the WIPO
Performances and Phonograms Treaty. [28]
Section 104A. Copyright in restored works [29]
(a) Automatic Protection and Term.-
(1) Term.-
(A) Copyright subsists, in accordance with this section, in restored
works, and vests automatically on the date of restoration.
(B) Any work in which copyright is restored under this section shall
subsist for the remainder of the term of copyright that the work would
have otherwise been granted in the United States if the work never
entered the public domain in the United States.
(2) Exception. Any work in which the copyright was ever owned or
administered by the Alien Property Custodian and in which the restored
copyright would be owned by a government or instrumentality thereof, is
not a restored work.
(b) Ownership of Restored Copyright. A restored work vests initially in
the author or initial rightholder of the work as determined by the law
of the source country of the work.
(c) Filing of Notice of Intent to Enforce Restored Copyright Against
Reliance Parties. On or after the date of restoration, any person who
owns a copyright in a restored work or an exclusive right therein may
file with the Copyright Office a notice of intent to enforce that
person's copyright or exclusive right or may serve
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