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1 by section 116 are terminated or expire without replacement 2 by subsequent agreements; and

“(3) if negotiated licenses authorized by section 4 116 come into force so as to supersede previous deter





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conclusion of proceedings to adjust the royalty rates applicable to such works, or until superseded by a new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



OS 1301 IS




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.


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(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.

12 (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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(1) TITLE 17 PROTECTION.—Any right or inter



est in a work eligible for protection under title 17, United States Code, may not be claimed directly under the provisions of the Berne Convention.





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

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2 There are hereby authorized to be appropriated such 3 sums as may be necessary to carry out the purposes of this

4 Act.

1301 IS

May 29, 1987

S 7369 turn, will not be able to sell these I ask unanimous consent that the of authorship of all kinds. Seventy. mortgage to Fannle Mae, Preddie Mac, text of the bill be printed in the eight nations, including all our major or Ginnie Mae. RECORD.

trading partners, now measure their A family day care center is not a There being no objection, the bill copyright laws against this yardstick. huge business enterprise. A family day was ordered to be printed in the Over the past century, the Berne Concare center, by definition, is operated RECORD, as follows:

vention has adapted well to dramatic in an Individual's home. It presents a

8. 1300

changes in the technology of creating. child care option that many working Be tl enacted by the Senate and Howe or distributing, and consuming the prodparents prefer-day care for small Representatives of the United States of ucts of the human imagination. group of children who are closely su- Americe in Congress assembled

World trade in copyrighted works pervised in a home setting often in the KORTGAGES ON TROPATID INCLUDING DAT faces even more sweeping challenges same neighborhood where the parents


in the 21st century. In the years live. Additionally, most States have Section 1. (a) Bection 304(0) of the Feder ahead, as in the past, the Berne Conregulations or licensing requirements National Mortense Association Charter vention will provide the central forum that set limits on the number of chu)- Actamended by Inserting before the in which the rights of creators and dren that may be served and ensure

period at the end of the last sentence of
pannaph (1) the following", and much

consumers can be properly addressed. that the setting us safe, clean and vert Includes any loss that is secured by i Perhaps in the past it was enough for pleasant. Considering these circum- single family realdential property that w of the United States to observe these destances, I do not feel that definition cupled single family residence in which velopments from a distance, or to par. of realdence which excludes family community child care service is provided to ticipate in them only through the day care center l appropriate

compliance with all applicable State or local medium of the Universal Copyright The bl I am introducing today bom I the long as otherwise eligible for pur Convention, with its lover standards would amend the Federal charten for chase under this title”. Pederal National Mortgage Asocier Lawn Mobiense Corporation Act to amended and truture years, Vital Americas In

(b) Section 20%b) of the Modern Horse of copyright protection. But today, Lion and the Pederal de Loon Mort bonding to the end thereof the followine terests can be fully represented in the mal Corporation to permit mortage "Such warm also becluded loans are strona international copyright system only 11 for home with full day care cel al art that is secured by ends we rot ott the meeting and onto the tars to be eligible for purchase by rendre aual property that playing field deg sotning the Berne Tania Kod Gimmie Wine, wnd trodde sing family reaidena to which contain M. chiar rervice provided to

o Mol Mr. Pred the need for quality. Since borberton eligible for

with all applicable Buate or loa stardabile de care le our country to created to tas treendean Von Whaa ball of the modo qildim yn than By M. LRABYS m sort m. tbd aber brea hiba & 1801. A D to for

wobodlo Onkel Statue Codies tas templates children. And that te bean Convention for the tre La 1970,

mellos a Litors.od Article Works children under wil seren ved at Pune July no con and for the labor foron I look, then were is Other


ton mmee That au spected to the Nidiary.

dot Increato 146 an In The COV

ACT D. me there to pero need for chudavo particularly. WELZAHY. W. Pheak date to the ol con about the chancu that auto to Winch when the per poco picture e American compete would be needed to the UK completo pe of women worteling out odide teen dion to world trade, there are few law in order to moot Berne standarde homo la tho kita berhen to these com breht spot. One of theme is the trade Last October Senator Mathias the

te word of artborhto protected by chairman of the Patent Comments Lack of Mfordable and care a copy the Tow world's appetite for and trademart Subcommittee, Intro por senincant hanter to loa American boote, sound recordings duced a Berno Implementation bin. & income family triving for at motion pictures Computer softwan 2007-ooth Congren More recently, ciency, dengtos peronto the opportum and other copyrighted words appear on March 16 of this year, Representer ty to wort, participata to employmeat toatable.

tive Roum KasTON, the Cooprograma or attend school cald can Thers are many reasons why the press foremost authority on copyright can also affect the productivity of United States is the world's largest er matten, Introduced H.R 1623, some working parente A study of 5.000 portar of copyrighted wort Prime what different leglalative approach to worten in the Midwest found that be among them are the skill, inventive the same goal. The bin I introduce percent of the women worden and nesund imaginativeness of American today, the Berne Convention Implepercent of the ma, tib young chil authon, musicians, software developmentation Act of 1987, seeks to syndren felt their child an opncerns . er, and other creaton. But Wke any thesize the best of these two propor fected their time is wort tal unprodue other resource, American creativity us. Its goal is to bridge the relatively tive way

will continue to Nourish only in the narrow ap that now prevents the As policymaker at the national proper environment. Our primacy in United States from assuming its rightlevel, we have a role to play in encour the trade in copyrighted wortus cives ful place among the leaders of the aging the development and growth of us « vital stake in strengthening the world copyright community. Affordable, quality child care options. world system for the protection of That gap used to be a wide one, and The bill I am Introducing will remove copyright. Today I introduce legisla- the contortions that would have been existing policy which penalizes family tion to advance that goal, by bringing required to bridge it have doomed preday care providers who wish to pur. U.S. copyright law into compliance vious efforts to bring the United chase or refinance their homes. There with the standards of the Internation- States into the Berne Convention. But is no cost associated with this bill. I al Convention for the Protection of most of those problems were resolved am pleased to note that this bull will Literary and Artistic Works, better in 1976. when the U.S. Copyright Act be incorporated into the Economic known as the Berne Convention. was completely rewritten, Today, our Equity Act of 1987 and that Congress- The Berne Convention is 101 years copyright law requires only fire woman MARY KAPTUR of Ohio will be old. What began as a treaty among 10 tuning in order to meet Beme's stanu Introducing the bill in the House. I European nations has grown to be the ards. invite my colleagues to support his val. highest internationally recognized The bill I Introduce today generi.. uable initiative.

standard for the protection of works follows the minimalist approach !

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S 7370

May 29, 1987 making only those changes to our law registration has been accomplished. ages, which not only increases the inwhich are necessary in order to the metaphysical distinction between centive to register, but also take into comply with Berne, without disrupting the existence of a right to prevent un- account Inflation since these levels the smooth operation of the U.S. copy. authorized use of a copyrighted work, were originally established in 1978 right system. Like the previous leglsia and the exercise of that right, may be and enhanced penalties for failure to tion on this subject, it proceeds on and maintainable under other legal sys deposit works with the Library of Conmakes explicit the well-founded as- tems. But in our legal tradition, which gress, since this is an alternative, nonsumption that the Berne Convention disfavors the creation of rights with copyright means by which the com is not sell-executing, and can only be out remedies, it is more difficult to pleteness of the Library's collections implemented through legislation argue that a hurdle such as registr may be assured. passed by both Houses of Congress tion, which bar the courthouse door As this proponel is reviewed in the and approved by the President.

to iny enforcement of an author's legislative process, these incentives Surely as Berne implementation leg. rights, is not a formality Inconsistent may need to be adjusted. We must islation proceeds through the legisla. with Berne standarde This obeert scrutinboe the evidence, us contrusted tive process. It will be refined and im. con la supported by the analysis made with the speculation that simple proved. Many of the required changes by wa ad boc committee of copyright elimination of the section all require in domestic law are narrow and techni. experta at the screation of the State ment w have a deleterious effect on cal. For the moment. I will point out Department, which concluded that the volume of registrations, and just three areas in which the Berne section 411 creates . prohibited for Convention Implementation Act would mality. At least us applied to worth of Man Incentives 1 commensurate with

eure that the force of new reglat change US copyright law in order to foreto origin. Proceeding tran thi

the strength of the Incentive that bo meet Bere standarde.

analysts the Mathias om smpi elint Post, nation schering to Berne ure nated this requirement

betes alentonted the effect of www roquired to provide copyright protee However, in my hea, men vedent de les to regteter should be too for wehitaturu vorts. There is must be dren to the arrancata ut

ed, and afferuat la no dispate that D.& lav currently falls manoed by the Copyright Oto be or

conndered that short in the area while the Kathian poetion to the sopronda taken by a

the puble for bu tan the mat Congrep called for pro host the vien concrete

are noe tection & arbustund rarts, the for. tire for registration des con

ok mulation in the Rustenmedes ben ese momentine to urtetuant pean riperter de od ng bu iba wethas Wiaberto adopte het meestele A 100 an mas be bothea only to

enforcement bus ne Secund the city control * ble functions, no con for the performance of musical puble record of varta on juke boses ningly come the bation patibla na Burn The Moth Moverte strapi atnated the compung * the to cenn, but the Coone Ottime he by the wrued peppuastials that webe drus tion Uc step may not be required H.R. 1999 envialong the negotiation of voluntary license agreement between the Dee forming Henta societies wat u mhed ASCAP and BMA, and juke bou oper

anto con in ander te permis juka bos par stool

right of Dent formance vita ndeguata compare the removal of

moto object to tion to componen The existing contractions 44 med

de toe, mutilation or modification of che pulsory Isense echan om attula aw the volana

work whale would be prefardioid to tered by the Copyright Royalty Tribut thereby some

those who awthorn banor or reputatiooche nal, la retalped only us back up. w goal nou vaned

The nighs al integrity. Many, without not om generally adopus this approach suppoatlon la debatable, and I wum all Berne member state provide pro wel withough it allfers troos Ek it um be vigorously debated i Derne section for these so called moral rohta 1623 in spelling out the applicable and implementing legislation to considered that the content of copyright law cedures i voluntary License Agree But if the Replatert prediction scor American coprirleht law currently done ments are not reached or II they lapus rect, the consequences would be unde pot explicit provide for more right to the future.

strable. It la certainly worth a ploring But I door maat to sathora the exclu Third, the question of copyright rest way to strengthen the Incentives to stve right to prepare derivative wortea Istration presents name thorny probe regletes that all recenta la orar bar which protect authon in my lema Berne standarder stress the elimt even after eliminating the one inced unauthortand distortion, mutdation of nation of formation u preconditions tive that is incompatible with the modification, regardlem of its effect to copyright protection. For this standards of the Berne Coorention on the author's honor or reputation. reason, for example, the requirement Accordingly. my bou takes up the Furthermore, other Federal and State of copyright notice u prerequisite Register's plea to fashion a new les for statutes, and the common las of torta, for copyright protection is incompatt- the three-legged stool. It eliminates including defamation, protect the in ble with Berne, and all the bills pro- the requirements of existing section teresta implicated by mond rights posed on this subject would eliminate 411, but also proposes additional in- The ad hoc committee on copyright the notice requirement. Registration centives for timely registration by all experts convened by the State Depart. of a copyrighted work with the Copy. copyright claimants. These include: ment studied the moral rights issue in right Office is not, technically speak. The imposition of a registration re

some detail. Its report states that: ing. & condition for the existence of quirement for criminal enforcement of

There are substantial to the copyright under current US law. It is a copyright, the prospective limitation

cluding that the totally of t'3 horever, a precondition for the exer. of statutory damages and attorney's vides protection !or the PC'S ***! cise of any of the bundle of rights con bers as remedies for copyright in. and intersty Suitic'nt lov ferred by copyright, since under sec. fringement of a pubitshed work to in ticiel 5tis to the leme for tion 411 of the Copyright Art, no si urces in which the york is registered applied by: artou B-menn court action for infringement of the **71... 5 Sears after publication, a dou. This conclusion is sure, copyright may be maintained until 1998 of the levels of statutory dam. record of the Scule ***

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