14 (2) in subsection (b) by striking out "The notice appearing on the phonorecords" and inserting in lieu thereof "If a notice appears on the phonorecords, it"; 1 2 3 4 and 5 6 (3) by adding at the end the following: "(d) EVIDENTIARY WEIGHT OF NOTICE.-If a notice 7 of copyright in the form specified by this section appears on 8 the published phonorecord or phonorecords to which a de9 fendant in a copyright infringement suit had access, then no 10 weight shall be given to such a defendant's interposition of a 11 defense based on 'innocent infringement' in mitigation of 12 actual or statutory damages.". 13 (c) PUBLICATIONS INCORPORATING UNITED STATES 14 GOVERNMENT WORKS.-Section 403 is amended by striking 15 out "the notice of copyright" and all that follows through 16 "title" and inserting in lieu thereof "such copies or phonore17 cords shall prominently display a statement identifying those 18 portions of the copies or phonorecords that constitute a work 19 of the United States Government, in accordance with regula20 tions issued by the Copyright Office". 21 (d) CONTRIBUTIONS TO COLLECTIVE WORKS.-Sec 22 tion 404, and the item relating to section 404 in the table of 23 sections at the beginning of chapter 4, are repealed. 24 (e) OMISSION OF NOTICE.-Section 405 is amended— HR 1623 IH 1 2 3 4 5 6 7 8 9 10 11 15 (1) in the section caption by inserting "on cer tain copies and phonorecords" after "notice"; (2) in subsection (a) by striking out "The" and inserting in lieu thereof "With respect to copies and phonorecords publicly distributed by authority of the copyright owner before the effective date of the Berne Convention Implementation Act of 1987, the"; and (3) in subsection (b) by inserting "before the effective date of the Berne Convention Implementation Act of 1987" after "has been omitted". (f) ERROR IN NAME OR DATE.-Section 406 is 12 amended (1) in the section caption by inserting "on certain copies and phonorecords" after "date"; (2) in subsection (a) by striking out "Where" and inserting in lieu thereof "With respect to copies and phonorecords publicly distributed by authority of the copyright owner before the effective date of the Berne Convention Implementation Act of 1987, where"; (3) in subsection (b) by inserting "before the effec tive date of the Berne Convention Implementation Act of 1987" after "distributed"; (4) in subsection (c)— HR 1623 IH 1 2 3 4 5 6 7 8 16 (A) by inserting "before the effective date of the Berne Convention Implementation Act of 1987" after "publicly distributed"; and (B) by inserting after "405" the following: "as in effect on the date before the effective date of the Berne Convention Implementation Act of 1987". (g) CLERICAL AMENDMENT.-The table of sections at 9 the beginning of chapter 4 is amended by striking out the 10 items relating to sections 405 and 406 and inserting in lieu 11 thereof the following: "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 phonore cords.". 12 SEC. 11. DEPOSIT OF COPIES ON PHONORECORDS FOR 13 14 LIBRARY OF CONGRESS. Section 407(a) is amended by striking out "with notice 15 of copyright". 16 SEC. 12. COPYRIGHT REGISTRATION. 17 Section 408 is amended (1) in the second sentence of subsection (a) by striking out "Subject to the provisions of section 405(a), such" and inserting in lieu thereof "Such"; and (2) in subsection (c)(2)— (A) by striking out "under all of the follow ing conditions-" and inserting in lieu thereof "under the following conditions:"; HR 1623 IH 1 2 3 17 (B) by striking out subparagraph (A); and (C) by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively. 4 SEC. 13. COPYRIGHT INFRINGEMENT AND REMEDIES. 5 (a) INFRINGEMENT OF COPYRIGHT.-Section 501(a) is 6 amended by inserting "except for section 106a," after "106 7 through 118,". 8 (b) REMEDIES FOR INFRINGEMENT OF MORAL 9 RIGHTS.-Chapter 5 is amended by adding at the end the 10 following: 11 "8511. Remedies for infringement of moral rights 12 "(a) GENERAL RULE.-Anyone who violates any of the 13 moral rights contained in section 106a is an infringer of that 14 right. 15 "(b) WHO MAY BRING ACTION.-The author or the au16 thor's successor in interest is entitled to institute an action 17 for the infringement of any of the moral rights contained in 18 section 106a. 19 "(c) REMEDIES.-Remedies available for the infringe20 ment of any of the moral rights contained in section 106a, 21 when proven, shall include injunctive relief as provided in 22 section 502, damages and profits as provided in section 504, 23 and costs and attorney's fees as provided in section 505. The 24 provisions of sections 507 and 508 shall apply to actions con25 cerning the infringement of moral rights to the same extent HR 1623 IH 18 1 as they apply to actions for copyright infringement. For the 2 purposes of applying the provisions of sections 502, 504, 3 505, 507, and 508, and for no other purposes, the court shall 4 treat the infringement of moral rights in the same manner as 5 the infringement of copyright.". 6 SEC. 14. COPYRIGHT ROYALTY TRIBUNAL. 7 Section 801(b) is amended by adding at the end the 8 following: 9 "In determining, under paragraph (1)(B), whether a return to 10 a copyright owner under section 116 is fair, substantial defer11 ence shall be given to 12 13 14 15 16 "(I) the rates in effect on the day before the effective date of the Berne Convention Implementation Act of 1987, and "(II) the rates contained in any license negotiated under section 116(b).". 17 SEC. 15. WORKS IN THE PUBLIC DOMAIN. 18 Title 17, United States Code, as amended by this Act, 19 does not provide copyright protection for any work that is in 20 the public domain in the United States. 21 SEC. 16. EFFECTIVE DATE; EFFECT ON PENDING CASES. 22 (a) EFFECTIVE DATE.-This Act and the amendments 23 made by this Act take effect on the day after the date on 24 which the Berne Convention (as defined in section 101 of HR 1623 IH |