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8 101. Definitions

As used in this title, the following terms and their variant forms mean the following:

An “Anonymous work” is a work on the copies or phonorecords of which no natural person is identified as author.

"Audiovisual works" are works that consist of a series of related images which are intrinsically intended to be shown by the use of machines, or devices such as projectors, viewers, or electronic equipment, together with accompanying sounds, if any, regardless of the nature of the material objects, such as films or tapes, in which the works are embodied.

The "Berne Convention" is the Convention for the Protection of Literary and Artistic Works, signed at Berne, Switzerland, on Sep tember 9, 1886, and all acts, protocols, and revisions thereto, up to and including the revision done at Paris, France, in 1971. A work is a "Berne Convention work" if

(1) in the case of an unpublished work, one or more of the authors is a national of a state adhering to the Berne Convention or in the case of a published work, one or more of the authors is a national of a state adhering to the Berne Convention on the date of first publication;

(2) the work was first published in a state adhering to the Berne Convention, or was simultaneously published in a state adhering to the Berne Convention and in a foreign nation that does not adhere to the Berne Convention; (3) in the case of audiovisual work

(A) if one or more of the authors is a legal entity, that author has its headquarters in a state adhering to the Berne Convention; or

(B) if one or more of the authors is an individual, that author is domiciled, or has his or her habitual residence

in, a state adhering to the Berne Convention; or (4) in the case of a pictorial, graphic, or sculptural work, such work is incorporated in a building or other structure located in

a state adhering to the Berne Convention. For purposes of paragraph (1), an author who is domiciled in or has his or her habitual residence in, a state adhering to the Berne Convention is considered to be a national of that state. For purposes of paragraph (2), a work is considered to have been simultaneously published in two or more nations if its dates of publication are within 30 days of one another.

"Pictorial, graphic, and sculptural works" include two-dimensional and three-dimensional works of fine, graphic, and applied art, photographs, prints and art reproductions, maps, globes, charts, (technical drawings, diagrams, and models] diagrams, models

, and technical drawings, including architectural plans. Such works shall include works of artistic craftsmanship insofar as their form but not their mechanical or utilitarian aspects are concerend; the design of a useful article, as defined in this section, shall be considered a pictorial, graphic, or scultural work only if, and only to the extent that, such design incorporates pictorial, graphic, or sculptur

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al features that can be identified separately from, and are capable of existing independently of, the utilitarian aspects of the article.

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8 104. Subject matter of copyright: National origin

(a) UNPUBLISHED WORKS.—The works specified by sections 102 and 103, while unpublished, are subject to protection under this title without regard to the nationality or domicile of the author.

(b) PUBLISHED WORKS.-The works specified by sections 102 and 103, when published, are subject to protection under this title if

(1) on the date of first publication, one or more of the authors is a national or domiciliary of the United States, or is a national, domiciliary, or sovereign authority of a foreign nation that is a party to a copyright treaty to which the United States is also a party, or is a stateless person, whenever that person may be domiciled; or

(2) the work is first published in the United States or in a foreign nation that, on the date of first publication, is a party to the Universal Copyright Convention; or

(3) the work is first published by the United Nations or any of its specialized agencies, or by the Organization of American States; or

(4) the work is a Berne Convention work; or

[(4)] (5) the work comes within the scope of a Presidential proclamation. Whenever the President finds that a particular foreign nation extends, to works by authors who are nationals or domicilaries of the United States or to works that are first published in the United States, copyright protection on substantially the same basis as that on which the foreign nation extends protection to works of its own nationals and domiciliaries and works first published in that nation, the President may by proclamation extend protection under this title to works of which one or more of the authors is, on the date of first publication, a national, domiciliary, or sovereign authority of that nation, or which was first published in that nation. The President may revise, suspend, or revoke any such proclamation or impose any conditions or limitations on protection

under a proclamation. (c) EFFECT OF BERNE CONVENTION.-No right or interest in a work eligible for protection under this title may be claimed by virtue of, or in reliance upon, the provisions of the Berne Convention or the adherence of the United States thereto. Any rights in a work eligible for protection under this title that derive from this title, other Federal or State statutes, or the common law, shall not be expanded or reduced by virture of, or in reliance upon, the provisions of the Berne Convention or the adherence of the United States thereto.

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8 116. Scope of exclusive rights in nondramatic musical works:

[Public] Compulsory licenses for public performances

by means of coin-operated phonorecord players (a) LIMITATION ON EXCLUSIVE RIGHT.-In the case of a nondramatic musical work embodied in a phonorecord, the performance of which is subject to this section as provided in section 116A, the exclusive right under clause (4) of section 106 to perform the work publicly by means of a coin-operated phonorecord player is limited as follows:

(1) the proprietor of the establishment in which the public performance takes place is not liable for infringement with respect to such public performance unless

(A) such proprietor is the operator of the phonorecord player; or

(B) such proprietor refuses or fails, within one month after receipt by registered or certified mail of a request, at a time during which the certificate required by clause (1)(C) of subsection (b) is not affixed to the phonorecord player, by the copyright owner, to make full disclosure, by registered or certified mail, of the identity of the operator of the phonorecord player.

(e) DEFINITIONS.-As used in this section and section 116A, the following terms and their variant forms mean the following:

(1) A “coin-operated phonorecord player" is a machine or device that,

(A) is employed solely for the performance of nondramatic musical works by means of phonorecords upon being activated by insertion of coins, currency, tokens, or other monetary units or their equivalent;

(B) is located in an establishment making no direct or indirect charge for admission;

(C) is accompanied by a list of the titles of all the musical works available for performance on it, which list is affixed to the phonorecord player or posted in the establishment in a prominent position where it can be readily examined by the public; and

(D) affords a choice of works available for performance and permits the choice to be made by the patrons of the establishment in which it is located.

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$ 116A. Negotiated licenses for public performances by means of

coin-operated phonorecord players (a) APPLICABILITY OF SECTION.This section applies to any nondramatic musical work embodied in a phonorecord.

(6) LIMITATION ON EXCLUSIVE RIGHT IF LICENSES Nor NEGOTIAT

ED.

(1) APPLICABILITY.-In the case of a work to which this section applies, the exclusive right under clause 4 of section 106 to perform the work publicly by means of a coin-operated phono

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record player is limited by section 116 to the extent provided in this section.

(2) DETERMINATION BY COPYRIGHT ROYALTY TRIBUNAL.-The Copyright Royalty Tribunal, at the end of the 1-year period beginning on the effective date of the Berne Convention Implementation Act of 1988, and periodically thereafter to the extent necessary to carry out subsection (f), shall determine whether or not negotiated licenses authorized by subsection (c) are in effect so as to provide permission to use a quantity of musical works not substantially smaller than the quantity of such works performed on coin-operated phonorecord players during the 1-year period ending on the effective date of that Act. If the Copyright determines that such negotiated licenses are not so in effect, the Tribunal shall, upon making the determination, publish the determination in the Federal Register. Upon such publication, section 116 shall apply with respect to musical works that are not

the subject of such negotiated licenses. (c) NEGOTIATED LICENSES.

(1) AUTHORITY FOR NEGOTIATIONS.-Any owners of copyright in works to which this section applies and any operators of coin-operated phonorecord players may negotiate and agree upon the terms and rates of royalty payments for performance of such works and the proportionate division of fees paid among copyright owners, and may designate common agents to negotiate, agree to, pay, or receive such royalty payments.

(2) ARBITRATION.-Parties to such a negotiation, within such time as may be specified by the Copyright Royalty Tribunal by regulation, may determine the result of the negotiation by arbitration. Such arbitration shall be governed by the provisions of title 9, to the extent such title is not inconsistent with this section. The parties shall give notice to the Copyright Royalty Tribunal of any determination reached by arbitration and any such determination shall, as between the parties to the arbitra

tion, be dispositive of the issues to which it relates. (d) LICENSE AGREEMENTS SUPERIOR TO CRT DETERMINATIONS.License agreements between one or more copyright owners and one or more operators of coin-operated phonorecord players, which are negotiated in accordance with subsection (c), shall be given effect in lieu of any otherwise applicable determination by the Copyright Royalty Tribunal.

le) NEGOTIATION SCHEDULE.Not later than 60 days after the effective date of the Berne Convention Implementation Act of 1988, if the Chairman of the Copyright Royalty Tribunal has not received notice, from copyright owners and operators of coin-operated phonorecord players referred to in subsection (cX1), of the date and location of the first meeting between such copyright owners and such operators to commence negotiations authorized by subsection (c), the Chairman shall announce the date and location of such meeting. Such meeting may not be held more than 90 days after the effective date of the Act.

(fCOPYRIGHT ROYALTY TRIBUNAL TO SUSPEND VARIOUS ACTIVITIES.The Copyright Royalty Tribunal shall not conduct any ratemaking activity with respect to coin-operated phonorecord players unless, at any time more than one year after the effective date of the

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Berne Convention Implementation Act of 1988, the negotiated license adopted by the parties under this section do not provide permission to use a quantity of musical works not substantially smaller than the quantity of such works performed on coin-operated phonorecord players during the 1-year period ending on the effective date of that Act.

( TRANSITION PROVISIONS; RENTENTION OF COPYRIGHT ROYALTY TRIBUNAL JURISDICTION.-Until such time as licensing provisions are determined by the parties under this section, the terms of the compulsory license under section 116, with respect to the public performance of nondramatic musical works by means of coin-operated phonorecord players, which is in effect on the day before the effective date of the Berne Convention Implementation Act of 1988, shall remain in force. If a negotiated license authorized by this sections comes into force so as to supersede previous determinations of the Copyright Royalty Tribunal, as provided in subsection (d), but there. after is terminated or expires and is not replaced by another licensing agreement, then section 116 shall be effective with respect to musical works that were the subject of the terminated or expired li

cense.

CHAPTER 3-DURATION OF COPYRIGHT

Sec. 301. Preemption with respect to other laws. 302. Duration of copyright: Works created on or after January 1, 1978. 303. Duration of copyright: Works created but not published or copyrighted before

January 1, 1978. 304. Duration of copyright: Subsisting copyrights. 305. Duration of copyright: Terminal date. 8 301. Preemption with respect to other laws

(a)

(e) The scope of Federal preemption under this section is not af fected by the adherence of the United States to the Berne Convention or the satisfaction of the obligations of the United States thereunder.

CHAPTER 4-COPYRIGHT NOTICE, DEPOSIT, AND

REGISTRATION

Sec. 401. Notice of copyright: Visually perceptible copies. 402. Notice of copyright: Phonorecords of sound recordings. 403. Notice of copyright: Publications incorporating United States Government

works. 404. Notice of copyright: Contributions to collective works. [405. Notice of copyright: Omission of notice. (406. Notice of copyright: Error in name or date.] 405. Notice of copyright: Omission of notice on certain copies and phonorecords. 406. Notice of copyright: Error in name or date on certain copies and phonorecords 407. Deposit of copies or phonorecords for Library of Congress. 408. Copyright registration in general. 409. Application for copyright registration.

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