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Uruguay Round Agreements Act

The Uruguay Round Agreements Act (URAA; Pub. L. 103–465, 108 Stat. 4809, enacted December 8, 1994) is an Act of Congress in the United States that implemented in U.S. law the Marrakesh Agreement of 1994. The Marrakesh Agreement was part of the Uruguay Round of negotiations which transformed the General Agreement on Tariffs and Trade (GATT) into the World Trade Organization (WTO). One of its effects is to give United States copyright protection to foreign works that had previously been in the public domain in the United States.

Uruguay Round Agreements Act
Other short titlesGeneral Agreement on Tariffs and Trade
Long titleAn Act to approve and implement the trade agreements concluded in the Uruguay Round of multilateral trade negotiations.
Acronyms (colloquial)URAA
Enacted bythe 103rd United States Congress
EffectiveDecember 8, 1994
Citations
Public law103-465
Statutes at Large108 Stat. 4809
Codification
Titles amended19 U.S.C.: Customs Duties
U.S.C. sections created19 U.S.C. ch. 22 §§ 3501, 3511–3556, 3571–3572, 3581–3592, 3601–3624
Legislative history
United States Supreme Court cases
Golan v. Holder

Legislative history

U.S. President Bill Clinton sent the bill for the URAA to Congress on September 27, 1994, where it was introduced in the House of Representatives as H.R. 5110[1] and in the Senate as S. 2467.[2] The bill was submitted under special fast-track procedures under which neither chamber could modify it. The House passed the bill on November 29, 1994; the Senate did so on December 1, 1994. President Clinton signed it into law on December 8, 1994 as Pub. L. 103–465.[3] The URAA became effective on January 1, 1995.[4] A number of technical corrections were made to the copyright provisions introduced by the URAA through the Copyright Technical Amendments Act (H.R. 672, which became Pub. L. 105-80) in 1997.[5]

Amendments to the U.S. copyright law

Title V of the URAA made several modifications to the Copyright law of the United States. It amended Title 17 ("Copyrights") of the United States Code to include a completely reworded article 104A on copyright restorations on foreign works and to include a new chapter 11, containing a prohibition of bootleg sound and video recordings of live performances. In Title 18 of the U.S. Code, a new article 2319A was inserted, detailing the penal measures against infringements of this new bootlegging prohibition.[6]

Copyright restorations

The U.S. had joined the Berne Convention on March 1, 1989, when its Berne Convention Implementation Act of 1988 entered in force. Article 18 of the Berne Convention specified that the treaty covered all works that were still copyrighted in their source country and that had not entered the public domain in the country where copyright was claimed due to the expiration of a previously granted copyright there.[7] Consequently, the U.S. would have had to grant copyright on foreign works that were never copyrighted before in the U.S. But the United States denied this retroactivity of the Berne Convention and applied the rules of the treaty only to works first published after March 1, 1989.[8] Earlier foreign works that were not covered by other treaties and that had until then not been subject to copyright in the U.S. remained uncopyrighted in the United States.[9]

The U.S. faced harsh criticism for its unilateral denouncement of the retroactivity of the Berne Convention defined in article 18,[8][10] and ultimately had to reverse its position. The copyright changes implemented by the URAA in 17 USC 104A[11] remedied the situation and brought the U.S. legislation in-line with the requirements of the Berne Convention.[12]

17 U.S.C. § 104A effectively copyrights many foreign works that were never before copyrighted in the U.S.[13] The works are subject to the normal U.S. copyright term, as if they had never entered the public domain.[14]

The affected works are those which were in the public domain either due to a lack of international copyright agreements between the U.S. and the country of origin of the work, or due to a failure to meet U.S. copyright registration and notification formalities. Also affected are works which did have previous U.S. copyright, but which entered the public domain due to a failure to renew the copyright. The law defines all of the affected works as "restored works" and the copyright granted to them as "restored copyright", even though many of the works never had U.S. copyright to restore.

Copyright restoration went into effect on January 1, 1996, for works from countries that were, on that date, members of either the Berne Convention, the World Trade Organization (WTO), the WIPO Copyright Treaty, or, for sound recordings, the WIPO Performances and Phonograms Treaty. Copyright restoration for works from other countries went into effect on the earliest adherence date of the country to one of these four treaties.[15]

Excepted from the copyright restorations are foreign works where the copyright was ever owned or administered by the "Alien Property Custodian", if the restored copyright would be owned by a government or instrumentality thereof.[16] Works simultaneously published within the United States and a treaty country were also ineligible for restoration, where "simultaneous publication" means "during the 30-day period following its first publication in the eligible country."[17]

Administrative procedures

The URAA also included in 17 U.S.C. § 104A administrative procedures for dealing with cases where someone was already and in good faith using a work that had been in the public domain but on which the copyright was restored by the URAA. Such users are called "reliance parties" in that provision.[18]

In particular, rightsholders had to file a so-called "Notice of Intent to Enforce" (NIE) their restored copyright, or had to inform earlier users of their works (i.e., existing reliance parties) of that fact. The NIEs were to be filed at the U.S. Copyright Office and were made publicly accessible.[19] To enforce a restored copyright against a user who used the work without authorization from the rightsholder after the copyright had been restored, no NIE was necessary.[20]

Challenges to the URAA restorations

The retroactive copyright restorations of the URAA have been challenged as violating the Constitution of the United States in two cases.

In Golan v. Gonzales, both the CTEA and the copyright restorations of the URAA were attacked as violating the Copyright and Patent clause (article I, §8, clause 8) of the U.S. constitution, which gives Congress the power "to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." (emphasis added). The plaintiffs claimed that the URAA violated the "limitedness" of the copyright term by removing works from the public domain and placing them under copyright again, and that doing so also did not promote the progress of science or the arts. Furthermore, plaintiffs claimed the URAA violated the First and the Fifth Amendment. These challenges were dismissed by the United States Court for the District of Colorado,[21] but the decision was appealed to the Tenth Circuit Court of Appeals, which remanded the decision to the district court, ordering a fresh evaluation of First Amendment constitutionality.[22][23]

On April 3, 2009, in the superseding case Golan v. Holder, Judge Lewis Babcock in the United States Court for the District of Colorado considered the URAA in violation of the First Amendment.[24] The court held that URAA Section 514 was substantially broader than necessary to achieve the government interest. By restoring copyright to certain public domain works, and requiring royalty payments and restricting derivative works after one year following restoration, Congress overstepped its constitutional authority and failed to fully protect First Amendment interests of reliance parties in the works.[25][26] On March 7, 2011, the Supreme Court granted a certiorari by Golan to hear the case.[27] On January 18, 2012, the Supreme Court upheld the URAA in a 6–2 decision. The majority opinion was written by Justice Ginsburg and the dissent was written by Justice Breyer.[28]

A second case, Luck's Music Library, Inc. v. Gonzales, which only addressed the Copyright and Patent Clause issue, was dismissed.[29]

Films previously in the public domain

The Uruguay Round Agreements Act restored the United States copyrights of a number of well-known films in 1995. Among such titles were Metropolis (1927);[30] Blackmail (1929);[31] The 39 Steps (1935);[31] and The Third Man (1949).[31] Metropolis reentered the public domain 28 years later, in 2023.

See also

References

Notes

  1. ^ U.S. Library of Congress: H.R. 5110 at THOMAS 2016-01-13 at the Wayback Machine. URL last accessed 2007-05-08.
  2. ^ U.S. Library of Congress: S. 2467 at THOMAS 2016-01-13 at the Wayback Machine. URL last accessed 2007-05-08.
  3. ^ Patry, footnote 2.
  4. ^ Presidential Proclamation 6821 of September 12, 1995 (109 Stat. 1813): "To Establish a Tariff-Rate Quota on Certain Tobacco, Eliminate Tariffs on Certain Other Tobacco, and for Other Purposes"
  5. ^ United States: H.R. 672: Copyright Technical Amendments Act 2016-07-05 at the Wayback Machine, 1997. See also the House Report 105-25[permanent dead link] for a discussion. URLs last accessed 2007-05-07.
  6. ^ U.S. Congress: URAA, Title V. URL last accessed 2007-01-30.
  7. ^ Berne Convention, article 18.
  8. ^ a b Elst p. 491.
  9. ^ Pilch p. 83.
  10. ^ Regnier pp. 400ff.
  11. ^ United States Code: 17 USC 104A.
  12. ^ Pilch p. 84.
  13. ^ Hirtle
  14. ^ 17 USC 104A(a)(1)(B).
  15. ^ Circular 38b: Copyright Restoration Under the URAA (PDF), Washington, D.C.: United States Copyright Office, January 2013, retrieved 2013-12-24
  16. ^ 17 U.S.C. § 104A(a)(2)
  17. ^ Circular 38b: Copyright Restoration Under the URAA (PDF), Washington, D.C.: United States Copyright Office, January 2013, retrieved 2015-01-26
  18. ^ U.S. Copyright Office: Reliance parties. URL last accessed 2007-05-07.
  19. ^ U.S. Copyright Office: Notices of Restored Copyrights. URL last accessed 2007-05-07.
  20. ^ U.S. Copyright Office: Restoration of Certain Berne and WTO Works, comment of William F. Patry on p. 35525. URL last accessed 2007-05-07.
  21. ^ U.S.: Golan v. Ashcroft 310 F.Supp.2d 1215 (D. Colo. 2004). URL last accessed 2007-05-08.
  22. ^ . The Center for Internet and Society. Archived from the original on 2007-05-09.
  23. ^ U.S. Court of Appeals, 10th Circuit: Golan v. Gonzales, September 4, 2007; Docket no. 05-1259. URL last accessed 2007-09-10.
  24. ^ "URAA Held Unconstitutional". The Center for Internet and Society. Retrieved 2014-03-08.
  25. ^ District Court for the District of Colorado, Judge Babcock: Golan v. Holder, Memorandum Opinion and Order, April 3, 2009; Civil Case No. 01-cv-01854-LTB. URL last accessed 2009-11-04. October 10, 2009, at the Wayback Machine
  26. ^ Ochoa, T.: Ochoa on Golan v. Holder and Copyright Restoration, April 6, 2009. URL last accessed 2009-11-04.
  27. ^ Falzone, Anthony (March 7, 2011). "Supreme Court grants cert. in Golan v. Holder". The Center for Internet and Technology. Stanford University. Retrieved March 7, 2011.
  28. ^ Gagnier, Christina (18 January 2012). "SCOTUS Adds More Fuel to the Copyright Debate With Golan V. Holder". Huffington Post. Retrieved 19 January 2012.
  29. ^ 407 F.3d 1262 (D.C. Cir. 2005). U.S.: Luck's Music Library, Inc. v. Gonzales 407 F.3d 1262 (D.C. Cir. 2005). URL last accessed 2007-05-08. September 5, 2006, at the Wayback Machine
  30. ^ "Copyright restoration and foreign works: be careful". Retrieved January 13, 2016.
  31. ^ a b c Library of Congress, Copyright Office. "Copyright Restoration of Works in Accordance With the Uruguay Round Agreements Act", U.S. Copyright Office 22 August 1997. Retrieved 15 February 2011.

Bibliography

  • Elst, M.: Copyright, Freedom of Speech, and Cultural Policy in the Russian Federation, Martinus Nijhoff, Leiden/Boston, 2005; ISBN 90-04-14087-5.
  • Hirtle, P. B.: "Copyright Renewal, Copyright Restoration, and the Difficulty of Determining Copyright Status", in D-Lib Magazine 14(7/8), July/August 2008. ISSN 1082-9873.
  • Patry, W. F.: Copyright Law and Practice, 2000 Cumulative Supplement to Chapter 1. Bna Books, ISBN 0-87179-854-9. The 2000 Supplement has ISBN 1-57018-208-6. URL last accessed 2007-01-30.
  • Pilch, J. T.: Understanding Copyright Law for Slavic, East European, and Eurasian Materials, in Slavic and East European Information Resources (SEEIR) 4(1), pp. 75 – 101; Haworth Information Press 2003.
  • Regnier, O.: Who Framed Article 18? The Protection of pre-1989 Works in the U.S. under the Berne Convention, p. 400–405 in European Intellectual Property Review, 1993.
  • U.S. Congress: Uruguay Round Agreements Act[dead link], H.R. 5110, 103d Cong., 2d Sess., became Pub. L. No. 103-465, 108 Stat. 4809
  • WIPO: Berne Convention for the Protection of Literary and Artistic Works 2012-09-11 at the Wayback Machine... as revised in Paris 1971 and amended in 1979. URL last accessed 2007-01-30.

External links

  • U.S. Copyright Office – Notices of Restored Copyrights

uruguay, round, agreements, uraa, stat, 4809, enacted, december, 1994, congress, united, states, that, implemented, marrakesh, agreement, 1994, marrakesh, agreement, part, uruguay, round, negotiations, which, transformed, general, agreement, tariffs, trade, ga. The Uruguay Round Agreements Act URAA Pub L 103 465 108 Stat 4809 enacted December 8 1994 is an Act of Congress in the United States that implemented in U S law the Marrakesh Agreement of 1994 The Marrakesh Agreement was part of the Uruguay Round of negotiations which transformed the General Agreement on Tariffs and Trade GATT into the World Trade Organization WTO One of its effects is to give United States copyright protection to foreign works that had previously been in the public domain in the United States Uruguay Round Agreements ActOther short titlesGeneral Agreement on Tariffs and TradeLong titleAn Act to approve and implement the trade agreements concluded in the Uruguay Round of multilateral trade negotiations Acronyms colloquial URAAEnacted bythe 103rd United States CongressEffectiveDecember 8 1994CitationsPublic law103 465Statutes at Large108 Stat 4809CodificationTitles amended19 U S C Customs DutiesU S C sections created19 U S C ch 22 3501 3511 3556 3571 3572 3581 3592 3601 3624Legislative historyIntroduced in the House as H R 5110 by Richard Gephardt D MO on September 27 1994Committee consideration by House Ways and Means House Agriculture House Education and Labor House Energy and Commerce House Foreign Affairs House Government Operations House Judiciary House RulesPassed the House on November 29 1994 288 146 Roll call vote 507 via Clerk House gov Passed the Senate on December 1 1994 76 24 Roll call vote 329 via Senate gov Signed into law by President William J Clinton on December 8 1994United States Supreme Court casesGolan v Holder Contents 1 Legislative history 2 Amendments to the U S copyright law 2 1 Copyright restorations 2 2 Administrative procedures 2 3 Challenges to the URAA restorations 3 Films previously in the public domain 4 See also 5 References 6 External linksLegislative history EditU S President Bill Clinton sent the bill for the URAA to Congress on September 27 1994 where it was introduced in the House of Representatives as H R 5110 1 and in the Senate as S 2467 2 The bill was submitted under special fast track procedures under which neither chamber could modify it The House passed the bill on November 29 1994 the Senate did so on December 1 1994 President Clinton signed it into law on December 8 1994 as Pub L 103 465 3 The URAA became effective on January 1 1995 4 A number of technical corrections were made to the copyright provisions introduced by the URAA through the Copyright Technical Amendments Act H R 672 which became Pub L 105 80 in 1997 5 Amendments to the U S copyright law Edit Wikisource has original text related to this article Uruguay Round Agreements Act Title V Wikisource has original text related to this article United States CodeTitle 17 Title V of the URAA made several modifications to the Copyright law of the United States It amended Title 17 Copyrights of the United States Code to include a completely reworded article 104A on copyright restorations on foreign works and to include a new chapter 11 containing a prohibition of bootleg sound and video recordings of live performances In Title 18 of the U S Code a new article 2319A was inserted detailing the penal measures against infringements of this new bootlegging prohibition 6 Copyright restorations Edit The U S had joined the Berne Convention on March 1 1989 when its Berne Convention Implementation Act of 1988 entered in force Article 18 of the Berne Convention specified that the treaty covered all works that were still copyrighted in their source country and that had not entered the public domain in the country where copyright was claimed due to the expiration of a previously granted copyright there 7 Consequently the U S would have had to grant copyright on foreign works that were never copyrighted before in the U S But the United States denied this retroactivity of the Berne Convention and applied the rules of the treaty only to works first published after March 1 1989 8 Earlier foreign works that were not covered by other treaties and that had until then not been subject to copyright in the U S remained uncopyrighted in the United States 9 The U S faced harsh criticism for its unilateral denouncement of the retroactivity of the Berne Convention defined in article 18 8 10 and ultimately had to reverse its position The copyright changes implemented by the URAA in 17 USC 104A 11 remedied the situation and brought the U S legislation in line with the requirements of the Berne Convention 12 17 U S C 104A effectively copyrights many foreign works that were never before copyrighted in the U S 13 The works are subject to the normal U S copyright term as if they had never entered the public domain 14 The affected works are those which were in the public domain either due to a lack of international copyright agreements between the U S and the country of origin of the work or due to a failure to meet U S copyright registration and notification formalities Also affected are works which did have previous U S copyright but which entered the public domain due to a failure to renew the copyright The law defines all of the affected works as restored works and the copyright granted to them as restored copyright even though many of the works never had U S copyright to restore Copyright restoration went into effect on January 1 1996 for works from countries that were on that date members of either the Berne Convention the World Trade Organization WTO the WIPO Copyright Treaty or for sound recordings the WIPO Performances and Phonograms Treaty Copyright restoration for works from other countries went into effect on the earliest adherence date of the country to one of these four treaties 15 Excepted from the copyright restorations are foreign works where the copyright was ever owned or administered by the Alien Property Custodian if the restored copyright would be owned by a government or instrumentality thereof 16 Works simultaneously published within the United States and a treaty country were also ineligible for restoration where simultaneous publication means during the 30 day period following its first publication in the eligible country 17 Administrative procedures Edit The URAA also included in 17 U S C 104A administrative procedures for dealing with cases where someone was already and in good faith using a work that had been in the public domain but on which the copyright was restored by the URAA Such users are called reliance parties in that provision 18 In particular rightsholders had to file a so called Notice of Intent to Enforce NIE their restored copyright or had to inform earlier users of their works i e existing reliance parties of that fact The NIEs were to be filed at the U S Copyright Office and were made publicly accessible 19 To enforce a restored copyright against a user who used the work without authorization from the rightsholder after the copyright had been restored no NIE was necessary 20 Challenges to the URAA restorations Edit The retroactive copyright restorations of the URAA have been challenged as violating the Constitution of the United States in two cases In Golan v Gonzales both the CTEA and the copyright restorations of the URAA were attacked as violating the Copyright and Patent clause article I 8 clause 8 of the U S constitution which gives Congress the power to promote the Progress of Science and useful Arts by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries emphasis added The plaintiffs claimed that the URAA violated the limitedness of the copyright term by removing works from the public domain and placing them under copyright again and that doing so also did not promote the progress of science or the arts Furthermore plaintiffs claimed the URAA violated the First and the Fifth Amendment These challenges were dismissed by the United States Court for the District of Colorado 21 but the decision was appealed to the Tenth Circuit Court of Appeals which remanded the decision to the district court ordering a fresh evaluation of First Amendment constitutionality 22 23 On April 3 2009 in the superseding case Golan v Holder Judge Lewis Babcock in the United States Court for the District of Colorado considered the URAA in violation of the First Amendment 24 The court held that URAA Section 514 was substantially broader than necessary to achieve the government interest By restoring copyright to certain public domain works and requiring royalty payments and restricting derivative works after one year following restoration Congress overstepped its constitutional authority and failed to fully protect First Amendment interests of reliance parties in the works 25 26 On March 7 2011 the Supreme Court granted a certiorari by Golan to hear the case 27 On January 18 2012 the Supreme Court upheld the URAA in a 6 2 decision The majority opinion was written by Justice Ginsburg and the dissent was written by Justice Breyer 28 A second case Luck s Music Library Inc v Gonzales which only addressed the Copyright and Patent Clause issue was dismissed 29 Films previously in the public domain EditThe Uruguay Round Agreements Act restored the United States copyrights of a number of well known films in 1995 Among such titles were Metropolis 1927 30 Blackmail 1929 31 The 39 Steps 1935 31 and The Third Man 1949 31 Metropolis reentered the public domain 28 years later in 2023 See also EditBilateral copyright agreements of the United StatesReferences EditNotes U S Library of Congress H R 5110 at THOMAS Archived 2016 01 13 at the Wayback Machine URL last accessed 2007 05 08 U S Library of Congress S 2467 at THOMAS Archived 2016 01 13 at the Wayback Machine URL last accessed 2007 05 08 Patry footnote 2 Presidential Proclamation 6821 of September 12 1995 109 Stat 1813 To Establish a Tariff Rate Quota on Certain Tobacco Eliminate Tariffs on Certain Other Tobacco and for Other Purposes United States H R 672 Copyright Technical Amendments Act Archived 2016 07 05 at the Wayback Machine 1997 See also the House Report 105 25 permanent dead link for a discussion URLs last accessed 2007 05 07 U S Congress URAA Title V URL last accessed 2007 01 30 Berne Convention article 18 a b Elst p 491 Pilch p 83 Regnier pp 400ff United States Code 17 USC 104A Pilch p 84 Hirtle 17 USC 104A a 1 B Circular 38b Copyright Restoration Under the URAA PDF Washington D C United States Copyright Office January 2013 retrieved 2013 12 24 17 U S C 104A a 2 Circular 38b Copyright Restoration Under the URAA PDF Washington D C United States Copyright Office January 2013 retrieved 2015 01 26 U S Copyright Office Reliance parties URL last accessed 2007 05 07 U S Copyright Office Notices of Restored Copyrights URL last accessed 2007 05 07 U S Copyright Office Restoration of Certain Berne and WTO Works comment of William F Patry on p 35525 URL last accessed 2007 05 07 U S Golan v Ashcroft 310 F Supp 2d 1215 D Colo 2004 URL last accessed 2007 05 08 Golan v Gonzales The Center for Internet and Society Archived from the original on 2007 05 09 U S Court of Appeals 10th Circuit Golan v Gonzales September 4 2007 Docket no 05 1259 URL last accessed 2007 09 10 URAA Held Unconstitutional The Center for Internet and Society Retrieved 2014 03 08 District Court for the District of Colorado Judge Babcock Golan v Holder Memorandum Opinion and Order April 3 2009 Civil Case No 01 cv 01854 LTB URL last accessed 2009 11 04 Archived October 10 2009 at the Wayback Machine Ochoa T Ochoa on Golan v Holder and Copyright Restoration April 6 2009 URL last accessed 2009 11 04 Falzone Anthony March 7 2011 Supreme Court grants cert in Golan v Holder The Center for Internet and Technology Stanford University Retrieved March 7 2011 Gagnier Christina 18 January 2012 SCOTUS Adds More Fuel to the Copyright Debate With Golan V Holder Huffington Post Retrieved 19 January 2012 407 F 3d 1262 D C Cir 2005 U S Luck s Music Library Inc v Gonzales 407 F 3d 1262 D C Cir 2005 URL last accessed 2007 05 08 Archived September 5 2006 at the Wayback Machine Copyright restoration and foreign works be careful Retrieved January 13 2016 a b c Library of Congress Copyright Office Copyright Restoration of Works in Accordance With the Uruguay Round Agreements Act U S Copyright Office 22 August 1997 Retrieved 15 February 2011 Bibliography Elst M Copyright Freedom of Speech and Cultural Policy in the Russian Federation Martinus Nijhoff Leiden Boston 2005 ISBN 90 04 14087 5 Hirtle P B Copyright Renewal Copyright Restoration and the Difficulty of Determining Copyright Status in D Lib Magazine 14 7 8 July August 2008 ISSN 1082 9873 Patry W F Copyright Law and Practice 2000 Cumulative Supplement to Chapter 1 Bna Books ISBN 0 87179 854 9 The 2000 Supplement has ISBN 1 57018 208 6 URL last accessed 2007 01 30 Pilch J T Understanding Copyright Law for Slavic East European and Eurasian Materials in Slavic and East European Information Resources SEEIR 4 1 pp 75 101 Haworth Information Press 2003 Regnier O Who Framed Article 18 The Protection of pre 1989 Works in the U S under the Berne Convention p 400 405 in European Intellectual Property Review 1993 U S Congress Uruguay Round Agreements Act dead link H R 5110 103d Cong 2d Sess became Pub L No 103 465 108 Stat 4809 WIPO Berne Convention for the Protection of Literary and Artistic Works Archived 2012 09 11 at the Wayback Machine as revised in Paris 1971 and amended in 1979 URL last accessed 2007 01 30 External links Edit Wikimedia Commons has media related to URAA U S Copyright Office Notices of Restored Copyrights Retrieved from https en wikipedia org w index php title Uruguay Round Agreements Act amp oldid 1132452996, wikipedia, wiki, book, books, library,

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