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morts made for Nire. Toe ninu o palater watert. an mo

dod and are independent of the too noenke righus to the rort. The right a paternity means that authors may claim authorship ta thels vorte. Inde pendent of way Icense o corey. med the cariches the right Integrity give the potte to object to any distortion, mutation, « aer Aulon of their rartu that roul petdes the author's honor a reputation

rain, such objections could be made by the author fren where the author hes perted otth the copyright. Since the invo'l chen close examination of the mon richu Question ander United Suala las benan it has beca argued that night substantial gutt. Went to moral righu u they entot ta States of the Beme Union are provid.

for in . mariety of lan considered lacether. The Lanham Act, rules of unfair competition, certata of the too samke richu under copyright and the coordon las of the 50 suala. There is do doubt that the Berne Convention requiry recognition of theue michu The question whether such nahu archet with the degree of national unl. fonally and predictability which should be provided in order fairly to comply sith Berne requiremenu. I therefore propose I provision reconta. ing mond richu. Whoe staternanship and the spirit of political compromise buy. In the final rectoning. Fort • difierent solution to the mon nichts Question. I wo reluctant to reject at the outset the neocasity of recognition of more nights shich may be meas Interest to authors and antius. U not to those who deal sith their rortus

A second major change in current Las oocurs in the complete revision of section 116, dealing with the jukebox "compulsory license." Sections of the DIDI srites subsections () through (e) of current law. A net section 116 makes the present jukebox compulso ry Icense system-that seems clearly Incompatible with Beme-subordinate to negousted licenses where such U. censes come into force. The new providons vould authorize where ruch . censes us they come into force and vould formalize a negotiating process that could totally supplant the com. pulsory license. II, where yeur, negotialons (w to provide consensual wænses for virtually a music, or I de collations are terminated at some future deve then a compulsory license substanudly the supe me that in the present section 116 1 "standing by to ensure that Jukebox music w ways be avulable to the public. The Copy. nicht Royalty Tribund ould retain jurisdiction over nulemaking and die tribution functions only to the extent thul ocolations tal or consensuu QEDSA capire or are terminated I isure that the provisions of the Berde Coovention do not allor expressly for compulsory Licensing of sonbroadcast public performances of music vi done presently in the jukebox bust. ness. The oulricht elimination of the

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and cher which endist hn the Dalted States and ter o we to send me The un al the Berne Oalon's meoober

tent of a ther change it to make sala mas Turant an intermediate the enth react to the we of the posidon to be taken to the matla. La copyright Dotto the mattention died, the ratem proposed to the da que and the grea for haldin rould condition Government revies of the collection of the Wory of a voluntary negotiations upon the fai me compatible stlh Derme che o ure of negotiatons rerum falch multaneously doing no more to the Wu de Laurly analogous to atlas present las than solutely been voru of merits permitted under the

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en een scoth as presence. Note o voluntar-vort
has openion and the performing

bo tajected into the but nehu rochelle entered into an or.

ta u MOH rangement chereby compliance oth

wthod without notice. As the the compulsory Meende prostalong aan

1. copyright owner cloche lo Ieed to rebala on natutong royalties.

notion 15 fora s prerred to In this sholly worthwhile shes torud clone voluntar cooperation both

A reguiremnant of notion of moupe hare greed not to propose

da coplas of publi changes in the compulsory Meenne

featum of United dad copyright vithout consultation Ny propone

leu, la confora « Another for more here intended to precipitate such

rean Mans pour parties consultations, looking toward , bet

warto Dancebom anced solution which preserved ine her the medication pro lerust of both the groups and those of

ported the coors Dotto M. the consumer In being able to enjoy to

djecting more into the
mall, local establishmente, some rea domain. Then pureatly
sonably priced popular music.

u to the Deity of oth
Section create ner section 110 the copyright notice to
of uue 17. The net section tratt uhe

comply with bone. Non
more right manted by nem maction

na that at least on an 100s by providing that they are freely be the tnformation utility llenable and subject to raive, in notice MIDID of caveateade Leeping with traditional property doe. tinguishine the protected from the trine in this country. Ner section 110, protected i mithicleotiy mestul uso provides that, unless otherwise nunint encouraging tune. It provided traditional editing, adapting. tirely posible that elimination of the and wringing practices of publishers, notice formality may not to the broadcasters, motion picture studios, curtall its use. Old hablu de hand it and the Uke shall not infringe a au

remaini wetul under the Univen thor's mon rahu Section I do seu

Copyright Convention; and. It ta forth a net section 120, which cantiles probability, the cheapest deterrent to the scope of copyright in architecture Infringement which I copyright holder vorlu by Limlung protection to the v.

may take. The propriety and efficacy Ustke chancter and artistic design of

of these incentives can be considered buldine. rather this to its processes

in the course of hearings on the bill. methods of construction Ner vac

In new section 403. the Copyright ton 10 uso permius other to make

Office is given the authority to pro two-dimensional reproductions of .

mulgate regulations concerning hou

publishers of wortus consisting in Copyrigbled building without infring

whole or in part of uncopyrightable ips the building copricht, when the

works of the US Government shall building is in location to Chich the

apprise the public of those portions of public hu mess. Den men bullo.

the world that are in the public domain ing to protected by copyright. remedies

and therefore freely copiable. for another's construction of an in.

The bill reperls section 104, since no fringing bullding are unalted. Il con

notice whatsoever need appen on . Kruction of an infringing buOding has collective work, or on contributions substantially begun tbatt, Ustruc thereto. tunl work has been at least partially Sections 405 and 406, which deal completed, no Injunctive rellel 6111 be with omissions of and erron in the aradable to stop construction, nor copyright notice, are uended touto shall an infringinc buuding be subject apply only to wores published in the to demolition or keizure. Uneald. but United States-with or without copy worth aoting. u the fact that architec. right notice-subject to mandatory de tunl Fortu would be subject to all of

posit in the Library of Congreas. This the Ilmilations and exceptions found should have little functional effect in the present copyright las, most pur. since virtually all publications in uculely to use. Further, orden of which the Library is interested nos buildings embodstos uchitecturu bear copyright notice, und it seems vortu are closed to modity such likely that the Library's compliance structures siithout feu of violating activities will remain

lurrely erlber the coonomic or mond nighus of changed. the architect, so long as the modulla

Section 11 of the bill contains •

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Wola toded to doct the that violation of the more rigate de la notion 100 are not noat batringat. No noction

dresa intrinfecate of more nichu and provides that potential do Include in functions. Actual atutory den, and costs and a ameri fou

on 14 of the booda chay I of title 17, by providing that it Copyright Royalty Tribunal mer

ndust jurebox compulsory a fode, it shall give meat relah both to Ita final" nata prior to Imple

tation of net section 110 and to the rate contained in any per conosc rual Woenses that are negotiated.

Section 19 clarified that title 17. United State Code, Maended by thu act, does not provide copyright protection for my vort that is in the public domain in the United States.

Section 10 provides that this act, and Any umendments made thereby, shall take effect on the day after the date on which the Beme Convention enter into force with respect to the United Stata. Section 16 deo specifies that any cause of action arising under title 17. United States Code, before the ef fective date of the act shall be gov. erned by the provisions of such title w in effect when the cause of action arone. In other words, the act is not retroactive

It may be useful to explain why cer. tain provisions which might have been included in the bill were not. To reiterate, the approach of the legislation is to include. nither than exclude. proposals where the plain meaning of the convention and the practices of Berne Union states-particularly those shar. ing our legal tradition-Appear to require changes in current copyright la.. Nonetheless, the elimination or modification of the provisions of the 1970 Copyright Act which cover the renewal of copyright which were in their first term of protection when the ner law came into effect is not pro posed. The renewal provisions of the 1970 Copyright Act are essentially transitional in nature, they do not apply to works which acquired copy. right protection under Peden las after the effective date of the 1976 sct. The renewu system is replaced by the wholly new approach of the 1970 act: A unitary term of protection, and pro

doo for the new low watercom Coprichte ne people have tempt to long effect would confundon nad to rotato abo pred muda wale s lencse ha i background of may years of totamottattoo wond prador (in Supplementary Report of the Reglater on Copyright Lao Movies N.j

Additionally, the ou dou not Dove the retroactive protection ports which may have talea toto 0.8. public domain due to re other than the expiration at terms of copyright Then neem to be General greement wmong those who have examined the question that iti cle 18 of the Berne Convention leaves considerable scope to national dieere. tion in dealing with the retroactive protection of the convention. Because the public domain is precisely what it says it is the common property of the people to use us they see fit, in or out of commerce w strongly disin. clined to restore control over this her. ilage to proprietary Interesta.

This brief summary. Mr. Speaker. suerests that even under the best of circumstances, Bere adherence face an uphill climb. I have highlighted some of the dangers off the besten track, and I urge all of my colleagues to study the bw closely. It could be one of the most historic elforu ve un. dertake in the 100th Congress, or it could be a difficult endeavor to start. Let us commence.

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To amend title 17 of the United States Code to implement the Berne Convention

for the Protection of Literary and Artistic Works, as revised at Paris on July 24, 1971, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JULY 15, 1987 Mr. MOORHEAD (for himself and Mr. Fish) introduced the following bill; which

was referred to the Committee on the Judiciary

A BILL To amend title 17 of the United States Code to implement the

Berne Convention for the Protection of Literary and Artistic Works, as revised at Paris on July 24, 1971, and for

other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That this Act may be cited as the “Berne Convention Imple

4 mentation Act of 1987".

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SEC. 2. (a) The Congress finds and declares that

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(1) the Berne Convention for the Protection of

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Literary and Artistic Works (the Berne Convention) is

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not self-executing under the Constitution and laws of

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(2) the obligations of the United States under the

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Berne Convention may be satisfied only by appropriate

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domestic law;

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(3) title 17 of the United States Code does not

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provide copyright protection for any work that is in the

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public domain in the United States; and

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(4) title 17 of the United States Code does not

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provide an author with the right to be named as a

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work's author or to object to uses or changes to the

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(1) any obligation of the United States to provide the author with the right to be named as a work's author or to object to uses or changes to the work as a

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consequence of adherence to the Berne Convention be

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satisfied by United States law as it exists on the effec

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tive date of this Act whether such rights are recog

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nized under any relevant provision of Federal or State

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statutes or the common law and such rights shall neither be enlarged nor diminished by this Act;

(2) the United States, by the amendments made by this Act together with existing law, meets its obli

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(3) the provisions of the Berne Convention shall

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be given effect solely under title 17 of the United

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States Code, as amended by this Act, and any other relevant provision of Federal or State law, including

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common law, and shall not be directly enforceable in

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any action brought on the provisions of the Berne

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Convention itself.

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SEC. 3. The instrument of accession by the United

12 States to the Berne Convention shall specify that the Con

13 vention will enter into force for the United States three

14 months after the Director General of the World Intellectual

15 Property Organization has notified other member countries of

16 the deposit of the instrument of accession.

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SEC. 4. Chapter 1 of title 17 of the United States Code

18 is amended

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(a) in section 101, by

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(1) inserting between the definition of "anon

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ymous work" and "audio visual works" the

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"An 'architectural work' is a work such as a

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building or other three-dimensional structure and relat

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ed works such as plans, blueprints, sketches, drawings,

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