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"audiovisual works" and "best edition", the fol

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"The 'Berne Convention' is the Convention for

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the Protection of Literary and Artistic Works signed at Berne on September 9, 1986, together with its later

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additional acts, protocols, and revisions.

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"A work is a 'Berne Convention work' if —

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“(1) in the case of an unpublished work, one

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or more of the authors is a national of a nation

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that is a party to the Berne Convention, or in the

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case of a published work, one or more of the au

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thors is a national of a nation that is a party to

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the Berne Convention on the date of first publica

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tion, and for these purposes authors who are dom

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iciled or have their habitual residence in a nation

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that is a party to the Berne Convention are con

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“(2) the work is first published in a nation that is a party to the Berne Convention, or was

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simultaneously published in a nation that is a party to the Berne Convention and for these pur

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poses a work is simultaneously published if it is

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published in a nation that is a party to the Berne

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Convention within 30 days of its publication in its place of first publication;

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"(3) in the case of an audiovisual work: (A)

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if one or more of the authors is a legal entity, said author has its headquarters in a nation that is a party to the Berne Convention; or (B) if one or

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more of the authors is an individual, said author

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work was erected in a nation that is a party to

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“(5) in the case of a pictorial, graphic, or sculptural work, the work is incorporated in a

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building or other structure located in a nation that

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graph (5), as redesignated herein, a new clause as

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

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(3) by adding new paragraph (6), as follows:

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“(6) no right or interest in a work protectible

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under this title may be claimed under the provisions of

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the Berne Convention. Rights in works protected under

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this title that derive from other Federal or State stat

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utes, or the common law, shall be neither expanded

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nor reduced by virtue of the provisions of the Berne

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(d) in section 116 by replacing the present language in its entirety by the following: (a) LIMITATION ON EXCLUSIVE RIGHT.- In the case

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18 of a nondramatic musical work embodied in a phonorecord,

19 the exclusive right under clause 4 of section 106 to perform 20 the work publicly by means of a coin-operated phonorecord 21 player shall be limited if, one year after the effective date of 22 this Act, the Copyright Royalty Tribunal certifies by publica23 tion in the Federal Register that the negotiated license(s) au24 thorized by paragraph (b) have not been ratified or come into 25 force so as to provide copyright clearances for a quantity of

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1 musical works not substantially smaller than the quantity 2 performed on coin-operated phonorecord players during the

3 year prior to the effective date of this Act. If such certifica

4 tion is made, then section 116 as it existed immediately

5 before the effective date of this Act shall be effective with

6 respect to musical works that are not the subject of negotiat

7 ed licenses.

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“(b) AUTHORITY FOR NEGOTIATIONS.

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“(1) Notwithstanding any provision of the antitrust laws, any owners of copyright in works specified by this subsection and any operators of coin-operated phonorecord players, respectively, may negotiate and agree upon the terms and rates of royalty payments and the proportionate division of such royalties paid among various copyright owners, and may designate

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common agents to negotiate, agrees to, pay, or receive

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“(2) 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

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negotiation by arbitration. Such arbitration shall be

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governed by the provisions of title 9, to the extent

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such title is not inconsistent with this section. The par

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ties shall give notice of any determination reached by

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arbitration to the Copyright Royalty Tribunal and any

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such determination shall, as between the parties to the

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arbitration, be dispositive of the issues to which it

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relates.

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"(c) LICENSE AGREEMENTS SUPERIOR TO COPYRIGHT

5 ROYALTY TRIBUNAL DETERMINATIONS.—License agree

6 ments between one of more copyright owners and one or 7 more operators of coin-operated phonorecord players, negoti8 ated in accordance with paragraph (b), shall be given effect in 9 lieu of any determination by the Copyright Royalty Tribunal. 10 "(d) NEGOTIATION SCHEDULE.-Not later than sixty 11 days after the effective date of this Act, the Chairman of the 12 Copyright Royalty Tribunal shall either receive notice of the 13 date and location of the first meeting between copyright 14 owners and operators of coin-operated phonorecord players to 15 commence negotiations authorized by paragraph (b) or if the 16 Chairman is not notified of such a date, the Chairman shall

17 set the date and location of such meeting. These dates shall 18 be announced by publication in the Federal Register. In nei19 ther event shall such meeting be scheduled for a date later

20 than ninety days after the effective date of this Act.

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"(e) COPYRIGHT ROYALTY TRIBUNAL To SUSPEND

22 VARIOUS ACTIVITIES.—The Copyright Royalty Tribunal 23 shall conduct no ratemaking activity with respect to coin24 operated phonorecord players unless, at any time more than 25 one year after the effective date of this Act, the negotiated

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