verification of the date on which the
information was available for access.

"(ii) Clause (i) applies only if the transfer referred to in subsection
(a)(1) occurs-

"(I) after the motion picture is completed, or

"(II) before the motion picture is completed and-

"(aa) within 18 months before the filing of an application for
copyright registration for the motion picture under section 408 of title
17, or

"(bb) if no such application is filed, within 18 months before the
first publication of the motion picture in the United States.

"(C) Awareness of other facts and circumstances pertaining to a
particular transfer from which it is apparent that the collective
bargaining agreement was or will be applicable to the motion picture.

"(b) Scope of Exclusion of Transfers of Public Performance Rights. For
purposes of this section, the exclusion under subsection (a) of
transfers of copyright ownership in a motion picture that are limited to
public performance rights includes transfers to a terrestrial broadcast
station, cable system, or programmer to the extent that the station,
system, or programmer is functioning as an exhibitor of the motion
picture, either by exhibiting the motion picture on its own network,
system, service, or station, or by initiating the transmission of an
exhibition that is carried on another network, system, service, or
station. When a terrestrial broadcast station, cable system, or
programmer, or other transferee, is also functioning otherwise as a
distributor or as a producer of the motion picture, the public
performance exclusion does not affect any obligations imposed on the
transferee to the extent that it is engaging in such functions.

"(c) Exclusion for Grants of Security Interests. Subsection (a) shall
not apply to-

"(1) a transfer of copyright ownership consisting solely of a mortgage,
hypothecation, or other security interest; or

"(2) a subsequent transfer of the copyright ownership secured by the
security interest described in paragraph (1) by or under the authority
of the secured party, including a transfer through the exercise of the
secured party's rights or remedies as a secured party, or by a
subsequent transferee.

"The exclusion under this subsection shall not affect any rights or
remedies under law or contract.

"(d) Deferral Pending Resolution of Bona Fide Dispute.

"A transferee on which obligations are imposed under subsection (a) by
virtue of paragraph (1) o