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1 fixation takes place, institute an action for infringement under 2 section 501, fully subject to the remedies provided by sec3 tions 502 through 506 and sections 509 and 510, if, in ac4 cordance with requirements that the Register of Copyrights 5 shall prescribe by regulation, the copyright owner serves 6 notice upon the infringer, not less than 10 or more than 30 7 days before such fixation, identifying the work and the specif8 ic time and source of its first transmission, and declaring an 9 intention to enforce copyright protection in the work.".

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(2) TABLE OF SECTIONS.-The table of sections at the beginning of chapter 4 of such title is amended by striking out the item relating to section 411 and inserting in lieu thereof the following:

"411. Registration and infringement actions.".

(d) REMEDIES FOR INFRINGEMENT.-Section 412 of

15 title 17, United States Code, is amended

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(1) by striking out the period at the end of clause (2), and inserting in lieu thereof "; or"; and

(2) by adding at the end thereof the following new clauses:

“(3) any other infringement of copyright in a work published after the effective date of the Berne Convention Implementation Act of 1987, unless the work is registered within 5 years after publication; or

"(4) any infringement of copyright, in a case in

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claims, by virtue of a transfer of copyright ownership, made after the effective date of the Berne Convention

Implementation Act of 1987, to be the owner of the

copyright or of any exclusive right under a copyright,

unless the instrument of transfer under which such

person claims has been recorded in the Copyright

Office pursuant to section 205 within 5 years after such transfer, but such an award may be made after

such recordation with respect to a cause of action that arose before recordation.".

11 SEC. 8. COPYRIGHT INFRINGEMENT AND REMEDIES.

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(a) INFRINGEMENT.-Section 501(b) of title 17, United

13 States Code, is amended by striking out "sections 205(d) and

14 411," and inserting in lieu thereof "section 411(b),".

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(b) DAMAGES AND PROFITS.-Section 504(c) of title

16 17, United States Code, is amended—

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(1) in paragraph (1)—

(A) by striking out "$250", and inserting in

lieu thereof "$500"; and

(B) by striking out "$10,000", and inserting

in lieu thereof "$20,000";

(2) in paragraph (2)—

(A) by striking out "$50,000.", and inserting in lieu thereof "$100,000."; and

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(B) by striking out "$100.", and inserting in

lieu thereof "$200.".

(c) LIMITATIONS ON ACTIONS.

(1) CRIMINAL PROCEEDINGS.—Section 507(a) of title 17, United States Code, is amended by adding

before the period at the end thereof the following: ", and no criminal proceeding shall be instituted under the provisions of this title with respect to a work until registration of the copyright claim in such work has been made in accordance with this title.".

(2) SECTION HEADING AND TABLE OF SEC

TIONS.

(A) SECTION HEADING.-The heading of section 507 is amended to read as follows:

15 "§ 507. Limitations on, and prerequisites to, actions"

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(B) TABLE OF SECTIONS.-The table of sections at the beginning of chapter 5 of such title is amended by striking out the item relating to sec

tion 507 and inserting in lieu thereof the

following:

"507. Limitations on, and prerequisites to, actions".

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BUNAL TO SET JUKEBOX INTERIM RATES.

At the end of section 804(a) of title 17, United States 24 Code, strike the period and insert in lieu thereof: “, and at 25 any time within 1 year after negotiated licenses authorized

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1 by section 116 are terminated or expire without replacement

2 by subsequent agreements; and

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"(3) if negotiated licenses authorized by section 116 come into force so as to supersede previous determinations of the Tribunal, as provided in section 116(d), but thereafter are terminated or expire without replacement by subsequent agreements, the Tribunal shall, upon petition of any party to such terminated or expired negotiated license agreement, promptly establish an interim royalty rate or rates for the public performance by means of a coin-operated phonorecord player of nondramatic musical works embodied in phonorecords which had been subject to the terminated or expired negotiated license agreement. Such interim royalty rate or rates shall remain in force until the

conclusion of proceedings to adjust the royalty rates applicable to such works, or until superseded by a new

negotiated license agreement, as provided in section 116(d). The Tribunal may order that the royalty rates

finally determined by the Tribunal to be reasonable shall be retroactive to the date such previously negotiated license agreements were terminated or expired.".

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1 SEC. 10. WORKS IN THE PUBLIC DOMAIN.

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Title 17, United States Code, as amended by this Act,

3 does not provide copyright protection for any work that is in

4 the public domain in the United States.

5 SEC. 11. EFFECTIVE DATE; EFFECT ON PENDING CASES AND

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CURRENT LAW.

(a) EFFECTIVE DATE.-This Act and the amendments

8 made by this Act shall take effect on the day after the date 9 on which the Berne Convention (as defined in section 101 of 10 title 17, United States Code, as amended by this Act) enters 11 into force with respect to the United States.

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(b) EFFECT ON PENDING CASES.-Any cause of action

13 arising under title 17, United States Code, before the effec14 tive date of this Act shall be governed by the provisions of 15 such title as in effect when the cause of action arose.

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(c) EFFECT ON CURRENT LAW.

(1) TITLE 17 PROTECTION.-Any right or interest in a work eligible for protection under title 17, United States Code, may not be claimed directly under the provisions of the Berne Convention.

(2) OTHER FEDERAL OR STATE PROTECTION. Any right or interest in works protected under title 17,

United States Code, that derives from other Federal or
State laws, or the common law, shall not be reduced.

or expanded by virtue of the provisions of the Berne
Convention or this Act.

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