17 U.S.C. § 104A
Copyright in restored works
United States · Title 17 — COPYRIGHTS · Status: effective
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- Citation
- 17 U.S.C. § 104A, Copyright in restored works, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/448462
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Full text
As against a reliance party, except to the extent provided in paragraphs (3) and (4), the remedies provided in chapter 5 of this title shall be available, with respect to an act of infringement of a restored copyright, on or after the date of restoration of the restored copyright if the requirements of either of the following subparagraphs are met:
In the case of a derivative work that is based upon a restored work and is created—
Whenever the President finds that a particular foreign nation extends, to works by authors who are nationals or domiciliaries of the United States, restored copyright protection on substantially the same basis as provided under this section, the President may by proclamation extend restored protection provided under this section to any work—
For purposes of this section and section 109(a):
The term “date of adherence or proclamation” means the earlier of the date on which a foreign nation which, as of the date the WTO Agreement enters into force with respect to the United States, is not a nation adhering to the Berne Convention or a WTO member country, becomes—
The “date of restoration” of a restored copyright is—
The term “eligible country” means a nation, other than the United States, that—
The term “reliance party” means any person who—
The term “restored work” means an original work of authorship that—
is in the public domain in the United States due to—
The term “rightholder” means the person—
The “source country” of a restored work is—
in the case of an unpublished work—
in the case of a published work—
Legislative history
The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone.
- North American Free Trade Agreement Implementation Act
- Uruguay Round Agreements Act
- Miscellaneous Trade and Technical Corrections Act of 1996House: no recorded tallySenate: no recorded tally
- To make technical amendments to certain provisions of title 17, United States Code.House: 424–2Senate: no recorded tally
- Digital Millennium Copyright ActHouse: no recorded tallySenate: no recorded tally