4 Berne Convention and in a foreign nation that does not adhere to the Berne Convention; "(3) in the case of an 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; "(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; or "(5) in the case of an architectural work in the form of a building or other three-dimensional structure, such work is erected in a country adhering to the Berne Convention. For purposes of paragraph (1), an author who is domi ciled 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 pub HR 1623 IH 5 lished in two or more nations if its dates of publication are within 30 days of one another.”. 1 2 3 (c) PICTORIAL, GRAPHIC, AND SCULPTURAL 4 WORKS.-Section 101 is amended in the definition of "Pic5 torial, graphic, and sculptural works" by inserting before the 6 period at the end of the first sentence ", other than architec7 tural works". 8 SEC. 5. SUBJECT MATTER OF COPYRIGHT TO INCLUDE ARCHI 9 10 11 12 13 14 TECTURAL WORKS. Section 102(a) is amended (1) by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively; and (2) by inserting after paragraph (5) the following: "(6) architectural works;". 15 SEC. 6. NATIONAL ORIGIN. (1) by redesignating paragraph (4) as paragraph (2) by inserting after paragraph (3) the following: "(4) the work is a Berne Convention work; or"; 17 223 (3) by adding at the end the following: "(c) EFFECT OF BERNE CONVENTION.-Any right or 24 interest in a work eligible for protection under this title may 25 not be claimed under the provisions of the Berne Convention. HR 1623 IH 6 1 Any rights in works protected under this title that derive 2 from other Federal or State statutes, or the common law, 3 shall not be expanded or reduced by virtue of the provisions 4 of the Berne Convention.". 5 SEC. 7. MORAL RIGHTS OF THE AUTHOR. 6 (a) GRANT OF RIGHTS.-Chapter 1 is amended by in 7 serting after section 106 the following: 8 "§ 106a. Moral rights of the author 9 "Independently of the copyright in a work other than a 10 work made for hire, and even after a transfer of copyright 11 ownership, the author of the work or the author's successor 12 in interest shall have the right, during the life of the author 13 and fifty years after the author's death 14 15 16 17 "(1) to claim authorship of the work; and "(2) to object to any distortion, mutilation, or other alteration of the work that would prejudice the author's honor or reputation. 18 The rights conferred by this section shall be referred to in 19 this title as 'moral rights'.". 20 (b) CLERICAL AMENDMENT.-The table of sections at 21 the beginning of chapter 1 is amended by inserting after the 22 item relating to section 106 the following: "106a. Moral rights of the author.". HR 1623 IH 7 1 SEC. 8. SCOPE OF EXCLUSIVE RIGHTS IN NONDRAMATIC 3 Section 116 is amended by striking out subsections (a) 4 through (e) and inserting in lieu thereof the following: 5 "(a) APPLICABILITY OF SECTION.-This section ap6 plies to any nondramatic musical work embodied in a phono7 record. 8 "(b) LIMITATION ON EXCLUSIVE RIGHT IF LICENSES 9 NOT NEGOTIATED. 10 11 12 13 14 15 16 17 18 19 20 222223 "(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 phonorecord player is limited to the extent that paragraph (2) applies. "(2) CERTIFICATION BY COPYRIGHT ROYALTY TRIBUNAL.—If, one year after the effective date of the Berne Convention Implementation Act of 1987, the Copyright Royalty Tribunal certifies by publication in the Federal Register that negotiated licenses author ized by subsection (c) have not come into effect so as 21 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, then section 116 as in effect on 23 24 25 26 the day before the effective date of that Act shall be HR 1623 IH 8 effective with respect to musical works that are not the subject of such negotiated licenses. "(c) NEGOTIATED LICENSES. "(1) AUTHORITY FOR NEGOTIATIONS.-Notwithstanding any provision of the antitrust laws, 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 various 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 of any determination reached by arbitration to the Copyright Royalty Tribunal and any such determination shall, as between the parties to the arbitration, be dispositive of the issues to which it relates. HR 1623 IH |