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(1) United States adherence to the International

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Convention for the Protection of Literary and Artistic

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Works (known, and hereinafter referred to in this Act,

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(A) enhance copyright protection for the works of American authors, artists, and other

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creators;

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(2) the Berne Convention is not self-executing

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under the Constitution and laws of the United States:

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(3) the obligations of the United States as a Berne

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Union member may be performed only pursuant to ap

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propriate domestic law; and

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(4) the amendments made by this Act, together

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with existing law, will enable the United States to

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meet its obligations as a nation adhering to the Berne

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(1) be given effect under title 17, United States

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Code, as amended by this Act, and any other relevant

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provision of Federal or State law, including the

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common law; and

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(2) not be enforceable in any action brought pur

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suant to the provisions of such Convention itself.

3 SEC. 3. SUBJECT MATTER AND SCOPE OF COPYRIGHTS.

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(a) IN GENERAL.-Chapter 1 of title 17 of the United

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(A) by inserting between the definition of “anonymous work” and the definition of "audio

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visual works”, the following new definition:

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“ 'Architectural works' are buildings and other 3

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"audiovisual works" and the definition of "best

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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, Switzerland, on September 9, 1886, together with its later additional acts, protocols, and revisions,

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up to and including the Paris revision of 1971.

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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 Berne

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Union member, or in the case of a published

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work, one or more of the authors is a national of

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a Berne Union member on the date of first publi

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cation, and for purposes of this paragraph, authors

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Union member, or was simultaneously published in a Berne Union member and in a foreign nation

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that is not a Berne Union Member, and for the

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purposes of this paragraph, a work is considered

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as having been published simultaneously in two or

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more nations if it has been published in one nation

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

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the form of a building or other 3-dimensional

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structure, the work is erected in the territory of a

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“A ‘Berne Union member' is a country or nation

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that is bound by any one of the texts of the Berne

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Convention."; and

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(C) in the definition of "pictorial, graphic,

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and sculptural works”, by inserting before the period at the end of the first sentence the follow

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ing: “, other than architectural works”;

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(B) by striking out the period at the end of paragraph (7) and inserting in lieu thereof

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"; and"; and

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(C) by adding at the end thereof the following new paragraph:

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(B) by inserting after paragraph (3) the following new paragraph (4): "(4) the work is a Berne Convention work; or”;

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(4) in section 108(a)

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paragraph (2) and inserting in lieu thereof a

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(C) by repealing paragraph (3); (5) by striking out section 116 and inserting in

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lieu thereof the following:

13 "8 116. Scope of exclusive rights in nondramatic musical

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works: Public performances by means of

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coin-operated phonorecord players

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“(a) This section applies to any nondramatic musical

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"(b)(1) In the case of a work to which this section ap

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“(2) If, within 1 year after the effective date of the

24 Berne Convention Implementation Act of 1987, the Copr

25 right Royalty Tribunal, (as established by section 801, and

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