(B) In the absence of an agreement between the parties, the amount of
such compensation shall be determined by an action in United States
district court, and shall reflect any harm to the actual or potential
market for or value of the restored work from the reliance party's
continued exploitation of the work, as well as compensation for the
relative contributions of expression of the author of the restored work
and the reliance party to the derivative work.
(4) Commencement of Infringement for Reliance Parties. For purposes of
section 412, in the case of reliance parties, infringement shall be
deemed to have commenced before registration when acts which would have
constituted infringement had the restored work been subject to copyright
were commenced before the date of restoration.
(e) Notices of Intent to Enforce a Restored Copyright.-
(1) Notices of Intent Filed With the Copyright Office.-
(A)(i) A notice of intent filed with the Copyright Office to enforce a
restored copyright shall be signed by the owner of the restored
copyright or the owner of an exclusive right therein, who files the
notice under subsection (d)(2)(A)(i) (hereafter in this paragraph
referred to as the "owner"), or by the owner's agent, shall identify the
title of the restored work, and shall include an English translation of
the title and any other alternative titles known to the owner by which
the restored work may be identified, and an address and telephone number
at which the owner may be contacted.
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