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S. 1301

Berne Convention Implementation Act of 1988

(Measure passed Senate, amended, roll call #350 (90-0))

Berne Convention Implementation Act of 1988 - Amends the copyright law to implement the Berne Convention, the Convention for the Protection of Literary and Artistic Works, signed at Berne on September 9, 1886. Extends copyright protection to architectural works in conformance with such Convention. Extends comparable copyright protection to protectable works of nationals of Berne Union members.

Revises provisions concerning the licensing of coin-operated phonorecord players (jukeboxes). Permits copyright owners and operators of jukeboxes to directly negotiate the terms and royalty rates for performing copyrighted works if the Copyright Royalty Tribunal certifies that, over a one year period after this Act's enactment, such process has resulted in authorizing the use of a not substantially smaller quantity of work. Suspends the ratemaking activities of the Tribunal while such conditions are being met.

Provides that the scope of Federal preemption remains unaffected by U.S. adherence to the Berne Convention.

Makes discretionary instead of mandatory the use of a notice of copyright on publicly distributed copies of protected works, including phonorecords of sound recordings (thus bringing U.S. law into conformance with the Berne Convention).

States that such a notice is a bar to a defense of innocent infringement if the defendant had access to copies with such notice.

Declares that the copyright notice requirements do not apply to publications incorporating U.S. Government works unless the notice of copyright on such works identifies those sections which are not U.S. Government works.

Removes the copyright notice requirements with respect to all publicly distributed copies of works. Makes registration a prerequisite to a copyright infringement action except for actions regarding Berne Convention works whose country of origin is not the United States (thus exempting only non-domestic Berne Convention members from the formality of registration as a prerequisite to initiating a lawsuit for copyright infringement). Increases statutory damages.

Authorizes the Tribunal to set jukebox interim rates, as specified.

States that works in the public domain remain unprotected.

Makes this Act effective the same day the Berne Convention enters into force with respect to the United States.

Message on Senate action sent to the House.

Sen. Leahy, Patrick J. [D-VT](D-VT)Sponsor
8 cosponsors4 D4 R
8cosponsors1committees19actions1amendments2related bills19subjects
  1. Floor

    Message on Senate action sent to the House.

  2. Floor

    Senate passed companion measure, H.R. 4262 by Voice Vote.

  3. Floor

    Senate incorporated this measure in H.R. 4262 as an amendment.

  4. Floor

    Passed Senate with an amendment by Yea-Nay Vote. 90-0. Record Vote No: 350.

  5. Floor17000

    Passed/agreed to in Senate: Passed Senate with an amendment by Yea-Nay Vote. 90-0. Record Vote No: 350.

  6. Floor

    Measure laid before Senate by unanimous consent.

  7. Calendars

    Placed on Senate Legislative Calendar under General Orders. Calendar No. 681.

  8. Committee

    Committee on Judiciary. Reported to Senate by Senator Byrd for Senator Biden with an amendment in the nature of a substitute. With written report No. 100-352.

    Judiciary Committee
  9. Committee14000

    Committee on Judiciary. Reported to Senate by Senator Byrd for Senator Biden with an amendment in the nature of a substitute. With written report No. 100-352.

    Judiciary Committee
  10. Committee

    Committee on Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.

    Judiciary Committee
  11. Committee

    Subcommittee on Patents, Copyrights and Trademarks. As approved by the subcommittee, the bill incorporates provisions of S. 1971.

    Patents, Copyrights and Trademarks Subcommittee
  12. Committee

    Subcommittee on Patents, Copyrights and Trademarks. Approved for full committee consideration with an amendment in the nature of a substitute favorably.

    Patents, Copyrights and Trademarks Subcommittee
  13. Committee

    Committee on the Judiciary Senate Subcommittee on Patents, Copyrights and Trademarks. Hearings held. With printed Hearing: S.Hrg. 100-801.

    Patents, Copyrights and Trademarks Subcommittee
  14. Committee

    Subcommittee on Patents, Copyrights and Trademarks. Hearings held.

    Patents, Copyrights and Trademarks Subcommittee
  15. Committee

    Committee on the Judiciary Senate Subcommittee on Patents, Copyrights and Trademarks. Hearings held. With printed Hearing: S.Hrg. 100-801.

    Patents, Copyrights and Trademarks Subcommittee
  16. Committee

    Subcommittee on Patents, Copyrights and Trademarks. Hearings held.

    Patents, Copyrights and Trademarks Subcommittee
  17. Committee

    Referred to Subcommittee on Patents, Copyrights and Trademarks.

    Patents, Copyrights and Trademarks Subcommittee
  18. IntroReferral

    Read twice and referred to the Committee on Judiciary.

    Judiciary Committee
  19. IntroReferral10000

    Introduced in Senate

Oct 5, 198835
(Measure passed Senate, amended, roll call #350 (90-0))

Berne Convention Implementation Act of 1988 - Amends the copyright law to implement the Berne Convention, the Convention for the Protection of Literary and Artistic Works, signed at Berne on September 9, 1886. Extends copyright protection to architectural works in conformance with such Convention. Extends comparable copyright protection to protectable works of nationals of Berne Union members.

Revises provisions concerning the licensing of coin-operated phonorecord players (jukeboxes). Permits copyright owners and operators of jukeboxes to directly negotiate the terms and royalty rates for performing copyrighted works if the Copyright Royalty Tribunal certifies that, over a one year period after this Act's enactment, such process has resulted in authorizing the use of a not substantially smaller quantity of work. Suspends the ratemaking activities of the Tribunal while such conditions are being met.

Provides that the scope of Federal preemption remains unaffected by U.S. adherence to the Berne Convention.

Makes discretionary instead of mandatory the use of a notice of copyright on publicly distributed copies of protected works, including phonorecords of sound recordings (thus bringing U.S. law into conformance with the Berne Convention).

States that such a notice is a bar to a defense of innocent infringement if the defendant had access to copies with such notice.

Declares that the copyright notice requirements do not apply to publications incorporating U.S. Government works unless the notice of copyright on such works identifies those sections which are not U.S. Government works.

Removes the copyright notice requirements with respect to all publicly distributed copies of works. Makes registration a prerequisite to a copyright infringement action except for actions regarding Berne Convention works whose country of origin is not the United States (thus exempting only non-domestic Berne Convention members from the formality of registration as a prerequisite to initiating a lawsuit for copyright infringement). Increases statutory damages.

Authorizes the Tribunal to set jukebox interim rates, as specified.

States that works in the public domain remain unprotected.

Makes this Act effective the same day the Berne Convention enters into force with respect to the United States.

May 20, 198801
(Reported to Senate from the Committee on the Judiciary with amendment, S. Rept. 100-352)

Berne Convention Implementation Act of 1988 - Amends the copyright law to implement the Berne Convention, the Convention for the Protection of Literary and Artistic Works, signed at Berne on September 9, 1886. Extends copyright protection to architectural works in conformance with such Convention. Extends comparable copyright protection to protectable works of nationals of Berne Union members.

Revises provisions concerning the licensing of coin-operated phonorecord players (jukeboxes). Permits copyright owners and operators of jukeboxes to directly negotiate the terms and royalty rates for performing copyrighted works if the Copyright Royalty Tribunal certifies that, over a one year period after this Act's enactment, such process has resulted in authorizing the use of a not substantially smaller quantity of work. Suspends the ratemaking activities of the Tribunal while such conditions are being met.

Provides that the scope of Federal preemption remains unaffected by U.S. adherence to the Berne Convention.

Makes discretionary instead of mandatory the use of a notice of copyright on publicly distributed copies of protected works, including phonorecords of sound recordings (thus bringing U.S. law into conformance with the Berne Convention).

States that such a notice is a bar to a defense of innocent infringement if the defendant had access to copies with such notice.

Declares that the copyright notice requirements do not apply to publications incorporating U.S. Government works unless the notice of copyright on such works identifies those sections which are not U.S. Government works.

Removes the copyright notice requirements with respect to all publicly distributed copies of works. Makes registration a prerequisite for the award of statutory damages or of attorney's fees. Increases statutory damages.

Authorizes the Tribunal to set jukebox interim rates, as specified.

States that works in the public domain remain unprotected.

Makes this Act effective the same day the Berne Convention enters into force with respect to the United States.

May 29, 198700

Berne Convention Implementation Act of 1987 - Amends the copyright law to implement the Berne Convention, the Convention for the Protection of Literary and Artistic Works, signed at Berne on September 9, 1886. Extends copyright protection to architectural works in conformance with such Convention. Extends comparable copyright protection to protectable works of nationals of Berne Union members.

Revises provisions concerning the licensing of coin-operated phonorecord players (jukeboxes). Permits copyright owners and operators of jukeboxes to directly negotiate the terms and royalty rates for performing copyrighted works if the Copyright Royalty Tribunal certifies that, over a one year period after this Act's enactment, such process has resulted in authorizing the use of a not substantially smaller quantity of work. Suspends the ratemaking activities of the Tribunal while such conditions are being met.

Limits the protection of architectural works to artistic character and design, not materials. Permits pictorial representations of the work when the work is erected in a publicly accessible location. States that the owner of a copyright in an architectural work is not entitled to restrain the construction or use of an infringing building if construction has substantially begun or to require the demolition or seizure of an infringing building. Permits building owners to modify an architectural work to enhance utility without the copyright holder's or author's consent.

Permits the use of a notice of copyright on publicly distributed copies of protected works, including phonorecords of sound recordings (current law requires such notice). States that such a notice is a bar to a defense of innocent infringement if the defendant had access to copies with such notice. Requires the continued use of a copyright notice identifying works of the U.S. Government. Eliminates notice provisions for contributions to collective works. Retains deposit requirements, increasing fines for failure to deposit after demand. Makes registration a prerequisite to criminal actions for copyright and to the award of statutory damages or of attorney's fees. Increases statutory damages.

Authorizes the Tribunal to set jukebox interim rates, as specified.

States that works in the public domain remain unprotected.

Makes this Act effective the day after the Berne Convention enters into force with respect to the United States.

Authorizes appropriations.

Berne Convention Implementation Act of 1988 — Informed