Page:United States Statutes at Large Volume 102 Part 3.djvu/901

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PUBLIC LAW 100-000—MMMM. DD, 1988

PUBLIC LAW 100-568—OCT. 31, 1988

Public Law 100-568 100th Congress

102 STAT. 2853

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

Oct. 31, 1988 [H.R. 4262]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Berne Convention SECTION 1. SHORT TITLE AND REFERENCES TO TITLE 17, UNITED STATES Implementation CODE. Act of 1988. Copyrights. (a) SHORT TITLE.—This Act may be cited as the "Berne Convention 17 USC 101 note.

Implementation Act of 1988".


this Act an amendment or repeal is expressed in terms of an amendment to or a repeal of a section or other provision, the reference shall be considered to be made to a section or other provision of title 17, United States Code. SEC. 2. DECLARATIONS.

17 USC 101 note.

The Congress makes the following declarations: (1) The Convention for the Protection of Literary and Artistic Works, signed at Berne, Switzerland, on September 9, 1886, and all acts, protocols, and revisions thereto (hereafter in this Act referred to as the "Berne Convention") are not self-executing under the Constitution and laws of the United States. (2) The obligations of the United States under the Berne Convention may be performed only pursuant to appropriate domestic law. (3) The amendments made by this Act, together with the law as it exists on the date of the enactment of this Act, satisfy the obligations of the United States in adhering to the Berne Convention and no further rights or interests shall be recognized or created for that purpose. SEC. 3. CONSTRUCTION OF THE BERNE CONVENTION.

(a) RELATIONSHIP WITH DOMESTIC LAW.—The provisions of the Berne Convention— (1) shall be given effect under title 17, as amended by this Act, and any other relevant provision of Federal or State law, including the common law; and (2) shall not be enforceable in any action brought pursuant to the provisions of the Berne Convention itself. (b) CERTAIN RIGHTS NOT AFFECTED.—The provisions of the Berne Convention, the adherence of the United States thereto, and satisfaction of United States obligations thereunder, do not expand or reduce any right of an author of a work, whether claimed under Federal, State, or the common law— (1) to claim authorship of the work; or

17 USC 101 note.