1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 6 (1) renumbering paragraph (4) of subsection (b) as paragraph (5); and (2) adding between paragraph (3) and para graph (5), as redesignated herein, a new clause as follows: "(4) the work is a Berne Convention work; or"; (3) by adding new paragraph (6), as follows: "(6) no right or interest in a work protectible under this title may be claimed under the provisions of the Berne Convention. Rights in works protected under this title that derive from other Federal or State stat utes, or the common law, shall be neither expanded nor reduced by virtue of the provisions of the Berne Convention." (d) in section 116 by replacing the present language in its entirety by the following: "(a) LIMITATION ON EXCLUSIVE RIGHT.-In the case 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 HR 2962 IH 7 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 certifica4 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 negotiat7 ed licenses. 8 9 10 11 121 "(b) AUTHORITY FOR NEGOTIATIONS.— "(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 13 agree upon the terms and rates of royalty payments and the proportionate division of such royalties paid 14 among various copyright owners, and may designate common agents to negotiate, agrees to, pay, or receive such payments. "(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 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 HR 2962 IH 1 2 3 4 8 such determination shall, as between the parties to the arbitration, be dispositive of the issues to which it relates. "(c) LICENSE AGREEMENTS SUPERIOR TO COPYRIGHT 5 ROYALTY TRIBUNAL DETERMINATIONS.-License agree6 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. 21 "(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 HR 2962 IH 9 1 licenses adopted by the parties do not provide copyright 2 clearances for a quantity of musical works not substantially 3 smaller than the quantity performed on coin-operated phono4 record players during the year prior to the effective date of 5 this Act. 6 "(f) TRANSITIONAL PROVISIONS; RETENTION OF 7 COPYRIGHT ROYALTY TRIBUNAL JURISDICTION.-Until 8 such time as licensing provisions are determined by the par9 ties, the terms of the compulsory license in effect immediately 10 before the effective date of this Act shall remain in force. If 11 the negotiated licenses authorized by this Act come into force 12 so as to supercede previous determinations of the Copyright 13 Royalty Tribunal, as provided in paragraph (c), but thereafter 14 are terminated or expire without replacement by subsequent 15 agreements, then section 116 as it existed immediately before 16 the effective date of this Act shall be effective with respect to 17 musical works that are not the subject of negotiated 18 licenses."; 19 (e) by adding a new section 119 as follows: 20 "§ 119 Scope of exclusive rights in architectural works. 21 "(a) The exclusive rights of the owner of copyright in an 22 architectural work are limited to the rights specified in 23 clauses (1), (2), (3), and (5) of section 106 and in accordance 24 with section 102(b) do not extend to any process, method of 25 construction or purely utilitarian features of such works. HR 2962 IH 10 1 "(b) The copyright in an architectural work is not in 2 fringed by the making of a painting, drawing, photograph or 3 other pictorial representation of the work. 4 5 6 7 8 9 10 11 12 "(c) The owner of copyright in an architectural work"(1) shall not be entitled to obtain an injunction under section 502 restraining the construction of an infringing building or structure if construction has substantially begun; and "(2) shall not be entitled under the provisions of chapter 5 to obtain the impoundment, seizure, or destruction of an infringing building or structure. "(d) The owner of a building or other structure embody 13 ing an architectural work, in the absence of contractual pro 14 visions to the contrary, may 15 16 17 18 19 20 21 22 23 24 "(1) make or authorize the making of alterations to the building or structure that enhance its utility or are necessary for its maintenance or repair; "(2) reconstruct or authorize the reconstruction of the building or structure; or "(3) demolish or authorize the demolition of the building or structure."; (f) in the table of sections for chapter 1 by adding at the end thereof: "119. Scope of exclusive rights in architectural works.". SEC. 5. Chapter 4 of title 17 of the United States Code 25 is amended HR 2962 IH |