a work not considered a Berne work as defined in 17 U.S.C. 101 must
obtain or seek registration for a work before he or she can bring a
copyright infringement action, the owner of rights in a Berne work does
not have to register before initiating suit. <sup>3

\3\ It would seem that this exception would apply only to works
that meet the definition of a ``Berne Convention work'' in 17 U.S.C.
101.

---------------------------------------------------------------------

It is true that the holder of a copyright certificate of
registration may secure some procedural advantages in litigating a
copyright suit based on the effective date of registration. If
registration is made before or within 5 years of publication, it will
establish prima facie evidence in court of the validity of the
copyright and of the facts stated in the certificate; and if
registration is made within 3 months after publication of the work or
prior to an infringement of the work, statutory damages and attorney's
fees will be available to the copyright owner in court actions.
Otherwise, only an award of actual damages and profits is available to
the copyright owner.

III. The Comments

A. Comments Submitted

The Copyright Office sought public comment concerning the
implementation of the URAA both prior to and after publication of its
Notice of Proposed Rulemaking (NPRM). The Office first published a</sup>