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(a) in section 401(a), by striking out "shall" and

replacing it with “may”;

(b) in section 401(b), by replacing the introductory phrase "The notice appearing on the copies" with "If

a notice appears on the copies, it";

(c) in section 401(c), by replacing "The notice" with "If a notice appears on the copy, it";

(d) in section 401(a), by striking out "shall" and replacing it with "may";

(e) in section 402(b), by replacing the introductory phrase "The notice appearing on the phonorecords" with "If a notice appears on the phonorecords, it";

(f) in section 402(c), by replacing "The notice" with "If a notice appears on the phonorecords, it";

(g) in section 403, by replacing the language beginning "the notice of copyright" with the following language: "such copies or phonorecords shall include a statement identifying those portions of the copies or phonorecords that constitute a work of the United States Government, in accordance with regulations issued by the Copyright Office.".

(h) by deleting section 404;

(i) in section 405 by striking the caption and replacing it with: "Notice of Copyright: Omission of

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notice on copies and phonorecords prior to the effective date of this Act";

(i) in section 405(a) by striking out the present language of section 405(a)(1) through (3) and replacing

it with: "Effect of Omission-The omission of the copyright notice prescribed by sections 401 through 403, as they existed prior to the effective date of this Act from copies or phonorecords publicly distributed

prior to the effective date of this Act does not invalidate the copyright in a work";

(k) in section 405(b) by adding the phrase "prior to the effective date of this Act" after the phrase "the

copyright notice has been omitted,";

(1) in section 406 by striking the caption and replacing it with "Notice of Copyright: Error in name or date in notice on copies and phonorecords prior to the effective date of this Act";

(m) in section 406(a) by inserting "prior to the effective date of this Act" following "publicly distributed";

(n) in section 406(b) by inserting "prior to the effective date of this Act" following "phonorecords distributed";

(o) in section 406(c) by inserting "prior to the effective date of this Act" following "publicly distribut

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ed" and by adding after "provisions of section 405", "as it existed immediately prior to the effective date of this Act";

(p) in section 407(a) by striking out "with notice of copyright";

(q) in section 408(a), by striking out "Subject to the provisions of section 405(a), such" as the beginning of the second sentence, and inserting in lieu thereof "Such";

(r) in section 406(c)(2), by—

(1) striking out "under all of" and inserting

in lieu thereof "under";

(2) deleting subparagraph (A); and

(3) redesignating subparagraph (B) and (C) as subparagraphs (A) and (B), respectively.

(s) in the table of sections for chapter 4 by strik

ing out the reference to section 404 and the references to sections 405 and 406 and inserting in place thereof: "405. Notice of copyright: Omission of notice on copies and phonorecords prior to the effective date of this Act.

"406. Notice of copyright: Error in name or date in notice on copies and phonorecords prior to the effective date of this Act.".

SEC. 6. Chapter 8 of title 17 of the United States Code

20 is amended by adding at the end of section 801(b) the 21 following:

22 "In considering whether a return to a copyright owner under

23 section 116 is fair, great weight shall be given to—

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“(i) the rates in effect on the day before the effec

tive date of this Act; and

"(ii) the rate contained in any license negotiated under the authorization of section 116(b) of this title.". SEC. 7. This Act and the amendments made by this Act

6 shall take effect on the same day the Berne Convention 7 enters into force with respect to the United States.

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SEC. 8. If any provision of this Act, or of title 17 of the

9 United States Code, as amended by this Act, is declared un10 constitutional, the remainder of this Act and of title 17, and 11 their application are not affected thereby.

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STATEMENT OF THE HONORABLE CARLOS J. MOORHEAD

ON INTRODUCTION OF THE ADMINISTRATION'S PROPOSAL ENTITLED THE "BERNE CONVENTION IMPLEMENTATION ACT OF 1987" JULY 15, 1987

TODAY WE ARE ENTITLED THE "BERNE CONVENTION IMPLEMENTATION ACT OF 1987." AS THE TITLE IMPLIES, THE LEGISLATION WILL MAKE OUR COPYRIGHT LAW COMPATIBLE WITH THE STANDARDS OF THE BERNE CONVENTION FOR THE PROTECTION OF LITERARY AND ARTISTIC WORKS AS REVISED AT PARIS ON JULY 24, 1971. THERE HAVE BEEN OTHER PROPOSALS INTRODUCED ON THIS SUBJECT, IN PARTICULAR, H.R. 1623. THAT BILL IS SIMILAR IN CONCEPT AND WORDING TO THE ADMINISTRATION'S PROPOSAL EXCEPT FOR THREE AREAS OF DIFFERENCE:

INTRODUCING AN ADMINISTRATION'S PROPOSAL

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1. MORAL RIGHTS. H.R. 1623 SPECIFICALLY RECOGNIZES ($7) CERTAIN MORAL RIGHTS OF AN AUTHOR THE "RIGHT OF PATERNITY" AND THE "RIGHT OF INTEGRITY" AS INDEPENDENT OF THE ECONOMIC RIGHTS IN A COPYRIGHTED WORK. ANOTHER PROVISION ($9) PROVIDES THAT THE MORAL RIGHTS OF AN AUTHOR OR CREATOR ARE FREELY ALIENABLE SUBJECT TO WAIVER, AND THAT TRADITIONAL EDITING, ADAPTING AND ARRANGING PRACTICES OF PUBLISHERS, BROADCASTERS, MOTION PICTURE STUDIOS AND THE LIKE SHALL NOT INFRINGE AN AUTHOR'S MORAL RIGHTS.

THE ADMINISTRATION BILL PROCEEDS FROM THE ASSUMPTION THAT THE TOTALITY OF U.S. LAW, INCLUDING THE RIGHT TO PREPARE DERIVATIVE WORKS UNDER THE COPYRIGHT LAW, THE LANHAM ACT'S

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