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the provisions of 405 (a)(1)-(3) relating to the consequences of publication without a notice are no longer needed, they are deleted. Section 405 (b) retains the innocent infringer defense with respect to works from which, prior to the effective date of this Act, the notice was omitted.

Section 406 is amended to apply only to works published prior to the effective date of this Act.

Section 407 is amended to apply to all works published in the United States whether published with a copyright notice or not. This will maintain the integrity of the collection of the Library of Congress and will continue to permit the Register of Copyrights to exempt categories of works from these requirements.

Section 408(a) is amended to delete the reference to registration as a way to cure a publication of a work without a notice of copyright. This severs the last link between the registration system and the existence of copyright in a work. Thus, the U.S. registration system is only a procedural matter, and, in the view of many copyright experts, no longer creates any substantive formalities related to the existence of copyright rights. Section 408(c)(2) is amended by striking subparagraph (A) as section 404 relating to the copyright notice on collective works is deleted. Subsections (B) and (C) are renumbered (A) and (B) respectively.

Section 6 amends Chapter 8 to direct the CRT, should it have to reinitiate compulsory license rate adjustments, to give great weight to the voluntarily negotiated rates in effect prior to the date when such CRT proceedings became necessary.

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Section 7 provides that the effective date of this Act shall be the day that the Berne Convention enters into force for the United States.

Section 8 is a severability clause. If any provision of this Act or section of title 17 amended by this Act is held to be unconsititutional, the remaining sections are unaffected.

II

100TH CONGRESS

1ST SESSION

S. 1301

To amend title 17, United States Code, to implement the Berne Convention for the Protection of Literary and Artistic Works, as revised at Paris on July 24, 1971, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 29, 1987

Mr. LEAHY introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To amend title 17, United States Code, to implement the Berne Convention for the Protection of Literary and Artistic Works, as revised at Paris on July 24, 1971, 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 "Berne Convention Imple

5 mentation Act of 1987".

6 SEC. 2. FINDINGS; PURPOSES.

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(a) FINDINGS. The Congress finds that

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(1) United States adherence to the International

Convention for the Protection of Literary and Artistic

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

as the "Berne Convention") would

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

creators;

(B) strengthen relations with other nations in the copyright field; and

(C) serve the national interest;

(2) the Berne Convention is not self-executing

under the Constitution and laws of the United States;

(3) the obligations of the United States as a Berne Union member may be performed only pursuant to appropriate domestic law; and

(4) the amendments made by this Act, together with existing law, will enable the United States to meet its obligations as a nation adhering to the Berne

Convention, and no further legislation will be necessary for that purpose.

(b) CONSTRUCTION.-The Berne Convention shall

(1) be given effect under title 17, United States Code, as amended by this Act, and any other relevant

provision of Federal or State law, including the common law; and

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(2) not be enforceable in any action brought pur

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

5 States Code is amended—

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(1) in section 101

(A) by inserting between the definition of "anonymous work" and the definition of "audiovisual works", the following new definition:

"'Architectural works' are buildings and other 3dimensional structures of an original artistic character, and works relative to architecture, such as building

plans, blueprints, designs, and models.";

(B) by inserting between the definition of "audiovisual works" and the definition of "best

edition", the following:

"The 'Berne Convention' is the Convention for

the protection of Literary and Artistic Works signed at

Berne, Switzerland, on September 9, 1886, together

with its later additional acts, protocols, and revisions,

up to and including the Paris revision of 1971.
"A work is a 'Berne Convention work' if-

"(1) in the case of an unpublished work, one or more of the authors is a national of a Berne

Union member, or in the case of a published

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