Berne Convention Implementation Act of 1988

Summary

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.

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Documents

3 official files

• Passed Senate amended

  summary · EN · 5 October 1988

  Open at official source

• Reported to Senate with amendment(s)

  summary · EN · 20 May 1988

  Open at official source

• Introduced in Senate

  summary · EN · 29 May 1987

  Open at official source

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