Particularly in the context of US adherence to the Berne Convention, which resulted in the revival of copyright protection for foreign works which had previously fallen into the public domain, parties who exploited foreign works before copyright protection was revived, and who continue to do so thereafter. See Section 514 of the Uruguay Round Agreements Act, Pub. L. No. 103-465, 103d Cong., 2d Sess., 108 Stat. 4809, and section 104A of the Copyright Act (17 USC 104A).The expression would be equally apt for other situations in which protection is revived after a period during which, for one reason or another, it did not subsist.
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