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author has a right to be named on the work as its author, and the right "to object to any distortion or other derogatory action in relation to, the said work, which would be prejudicial to his honor or reputation." While this right is not expressly provided in title 17 as stated in section 2(a)(4), existing State and Federal statutory laws as well as common law address the moral rights of authors. Section 2(b)(1) expresses the intent of Congress that the bundle of rights under existing laws meets the obligations under Article 6(bis). This approach recognizes that one must consider the totality of a country's laws in determining if Convention obligations are satisfied. This conclusion is shared by the Ad Hoc Working Group on U.S. Adherence to the Berne Convention.

Section 2(b)(2) is a further statement of Congressional intent that the changes in title 17 made by this Act and existing U.S. law are adequate to permit adherence to the Berne Convention. Section 2(b)(3) emphasizes that the Berne Convention is not selfexecuting, and consequently, it is the intent of Congress that it is not enforceable directly in an action before the courts.

Section 3 provides that U.S. accession to the Berne Convention shall become effective three months after the Director General of the World Intellectual Property Organization notifies member countries of the deposit of the instrument of accession of the United States.

Section 4 amends chapter 1 of title 17, first by inserting new definitions in 17 USC (101. Section 4(a)(1) defines the term "architectural work" to bring the subject matter of U.S. law fully

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into compliance with the subject matter of the Berne Convention as specified in Article 2. Section 4(a)(2) defines the Berne Convention as including its original text as well as subsequently amended texts. It further defines a Berne Convention work in terms of the various points of attachment for protection set out in Article 3 of the Berne Convention. Unpublished works are protected if one or more of the authors is a national of a nation adhering to the Berne Convention, and similarly published works are protected if on the date of first publication one or more of the authors is such a national. Works which are first published or simultaneously published in a nation that adheres to the Berne Convention are protected. Simultaneous publication means publication within 30 days of a work's first publication in its country of origin.

Audiovisual works are protected if the author resides or, in the case of one of the authors being a legal entity, has its headquarters in a nation adhering to the Berne Convention. Architectural works erected and pictorial, graphic, and sculptural works incorporated in a building or other structure located in a nation that is a party to the Berne Convention are protected.

Section 4(b) amends section 102(a) to include architectural works. The inclusion of architectural works follows the practice of many Berne member states to recognize explicitly those works of architecture protected by copyright.

Section 4(c) amends section 104 of title 17 by extending protection to Berne Convention works in addition to the other bases for eligibility under that section. It also adds a new subparagraph

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6 to section 104 to state that no rights or interests in works protected under title 17 may be claimed on the basis of the Berne Convention and that rights in such works that derive from other State or Federal statutes or the common law are neither expanded nor reduced by U.S. adherence to the Berne Convention.

Section 4(d) completely revises the provisions of section 116, the so-called "jukebox" compulsory license, that experts generally agree is incompatible with the Berne Convention. The intent of this revision is to encourage the parties to negotiate a private licensing arrangement to permit the public performance of protected music on coin-operated phonorecord players. It retains the possibility that, if these negotiations fail, the present compulsory licensing regime will be reinstituted.

The new section 116 provides an antitrust exemption for both copyright owners and jukebox operators to negotiate royalty payment terms and rates and how these royalties shall be distributed among copyright owners. Either party may designate common agents to negotiate, agree to, pay, or receive such payments.

It is further provided that the parties can refer the negotiations to binding arbitration in accordance with regulations to be developed by the Copyright Royalty Tribunal (CRT). Also, any such negotiated licenses are to be given effect in lieu of any CRT

determination.

This new section also establishes a negotiation schedule, requiring that a date for the commencement of negotiations be scheduled not later than 60 days after the effective date of this

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Act, and that such negotiations must commence not later than 90 days after the effective date of this Act. The Chairman of the CRT shall be notified of these dates and shall publicly announce them in the Federal Register. If the Chairman is not so informed within 60 days, the Chairman shall set the date for a meeting and announce it in the Federal Register.

The CRT is further directed to suspend for one year all ratemaking activity with respect to jukeboxes. This suspension shall continue unless the parties fail to negotiate licenses that provide for access to a quantity of musical works not substantially smaller than the quantity performed on jukeboxes in the one year prior to the effective date of this Act.

Finally, the new section 116 provides that the terms of the compulsory license in force on the effective date of the Act shall remain in place until superceded by voluntarily negotiated licenses. However, should the parties fail to negotiate such licenor should the licenses expire or be terminated without replacement, then the present regime in section 116 is reinitiated.

ses,

New section 119 defines the scope of protection in architectural works. Subsection (a) makes it clear that the rights in an architectural work are limited to exclude any public performance right, and that protection does not extend to any process, method of construction, or purely utilitarian features of the work. Subsection (b) provides that it is not an infringement to make a pictorial representation of the work. Subsection (c) limits the remedies available by excluding injunctive relief against an infringing building or structure if construction has substan

tially begun, and that a court may not order the impoundment, seizure, or destruction of an infringing building.

Subsection (d) provides that, unless the parties to a building contract agree otherwise, the owner of a building or other structure may make or authorize the making of alterations to the building to enhance its utility or which are necessary for its maintenance or repair. It further authorizes the owner to reconstruct or destroy the building or to authorize such reconstruction or destruction.

Section 5 of this Act amends Chapter 4 of title 17 in ways needed to make the use of the copyright notice wholly voluntary. Section 401(a) is amended to replace "shall" by "may" making it explicit that notice is no longer required. Sections 401(b) and (c) are amended to provide for the voluntary nature of the notice. Parallel changes are included for the notice appearing on phonorecords.

Section 403 is amended to require that works that contain U.S. Government works have a statement identifying those portions of the work. The Copyright Office is authorized to issue regulations to implement this provision.

Section 404 relating to notice of copyright in contributions to a collective work is repealed as no longer needed.

Section 405 is amended to make it clear that publication of a work without a copyright notice before the effective date of this Act has no adverse effect on the copyright in such a work. As