(B)(i) The owner of the restored copyright (or such owner's agent) or
the owner of an exclusive right therein (or such owner's agent) serves
upon a reliance party a notice of intent to enforce a restored
copyright; and
(ii)(I) the act of infringement commenced after the end of the 12-month
period beginning on the date the notice of intent is received;
(II) the act of infringement commenced before the end of the 12-month
period described in subclause (I) and continued after the end of that
12-month period, in which case remedies shall be available only for the
infringement occurring after the end of that 12-month period; or
(III) copies or phonorecords of a work in which copyright has been
restored under this section are made after receipt of the notice of
intent.
In the event that notice is provided under both subparagraphs (A) and
(B), the 12-month period referred to in such subparagraphs shall run
from the earlier of publication or service of notice.
(3) Existing Derivative Works.-
(A) In the case of a derivative work that is based upon a restored work
and is created-
(i) before the date of the enactment of the Uruguay Round Agreements
Act, if the source country of the restored work is an eligible country
on such date, or
(ii) before the date on which the source country of the restored work
becomes an eligible country, if that country is not an eligible country
on such date of enactment, a reliance party may continue to exploit that
derivative work for the duration of the restored copyright if the
reliance party pays to the owner of the restored copyright reasonable
compensation for conduct which would be subject to a remedy for
infringement but for the provisions of this paragraph.
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