13 the date of adherence, continued to engage in such acts; or "(B) made substantial monetary invest ments in a creation of a work which incor porates material portions of a restored work. nal work of authorship that "(A) is protected under subsection (a); "(B) is not in the public domain in its source country; "(C) is in the public domain in the United States due to "(i) noncompliance with formalities imposed at any time by United States copyright law, including failure of renewal, lack of proper notice, or failure to comply with any manufacturing requirement; or "(ii) lack of subject matter protection in the case of sound recordings fixed before February 15, 1972; and "(D) has not less than 1 author who was, at the time the work was created, a national or domiciliary of an eligible country, and if published, was first published in an eligible country but not published in the United States during 14 the 30-day period following publication in such eligible country. "(6) The term 'source country' of a restored work means "(A) a country other than the United States; "(B) in the case of an unpublished work— "(i) the eligible country in which the author is a national or domiciliary, or, if a restored work has more than 1 author, the majority of foreign authors are nationals or domiciliaries of such eligible countries; or "(ii) if the majority of authors are not foreign, the source country shall be the country, other than the United States, which has the most significant contacts with the work; and "(C) in the case of a published work, the eligible country in which the work is first pub lished, or if the restored work is published on the same day in 2 or more eligible countries, the source country shall be the country, other than the United States, which has the most significant contacts with the work.”. 15 1 (b) LIMITATION.-Section 109(a) of title 17, United 2 States Code, is amended by adding at the end the follow 3 ing: 4 "(e) the sale or other disposition without the author5 ization of the owner of a restored work of copies or 6 phonorecords manufactured before the date of restoration 7 of works in which copyright has been restored under sec8 tion 104A may be sold or otherwise disposed of only dur9 ing the period specified in section 104A(d)(3), and after 10 such period, only as part of a sale or disposition of not 11 more than 1 copy or phonorecord at a time.". II 103D CONGRESS 2D SESSION S. 2368 To implement the intellectual property right provisions of the Uruguay Round of the General Agreement on Tariffs and Trade, and for other purposes. IN THE SENATE OF THE UNITED STATES AUGUST 5, 1994 Mr. DECONCINI introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To implement the intellectual property right provisions of the Uruguay Round of the General Agreement on Tariffs and Trade, and for other purposes. 1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE. 4 This Act may be cited as the "Trade-Related Aspects 5 of Intellectual Property Rights Implementation Act of 6 1994". 7 SEC. 2. RENTAL RIGHTS IN COMPUTER PROGRAMS. 8 Section 804(c) of the Computer Software Rental 9 Amendments Act of 1990 (Public Law 101-650; 104 Stat. 10 5089, 5136) is amended by striking out the first sentence. 2 1 SEC. 3. CREATION AND TRAFFICKING IN BOOTLEG SOUND 2 3 RECORDINGS PROHIBITED. (a) IN GENERAL.-Chapter 113 of title 18, United 4 States Code, is amended by inserting after section 2319 5 the following new section: 6 "§ 2319a. Creation of and traffic in bootleg sound re 7 8 cordings prohibited "(a) Whoever, willfully and for purposes of commer 9 cial advantage or private financial gain, without the con 10 sent of a performer or a performer's agent— "(1) fixes or causes to be fixed in a sound re cording; "(2) broadcasts, transmits, or otherwise communicates to the public or causes to be so broadcast, transmitted, or otherwise communicated, the sounds of a live performance; or "(3) reproduces, distributes, sells, rents, offers for sale or rent, transports, broadcasts, transmits, or otherwise communicates to the public or possesses, for the purpose of— "(A) creating any article in violation of paragraph (1); or "(B) fixing the sounds therein, 24 shall, upon judgment of conviction, be fined not more than 25 $250,000 or imprisoned for not more than 5 years, or 26 both. |