(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.

(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