Page:United States Statutes at Large Volume 102 Part 3.djvu/903

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PUBLIC LAW 100-000—MMMM. DD, 1988

PUBLIC LAW 100-568—OCT. 31, 1988

102 STAT. 2855

"(C) simultaneously in the United States and a foreign nation that does not adhere to the Berne Convention; or "(D) in a foreign nation that does not adhere to the Berne Convention, and all of the authors of the work are nationals, domiciliaries, or habitual residents of, or in the case of an audiovisual work legal entities with headquarters in, the United States; "(2) in the case of an unpublished work, all the authors of the work are nationals, domiciliaries, or habitual residents of the United States, or, in the case of an unpublished audiovisual work, all the authors are legal entities with headquarters in the United States; or "(3) in the case of a pictorial, graphic, or sculptural work incorporated in a building or structure, the building or structure is located in the United States. For the purposes of section 411, the 'country of origin' of any other Berne Convention work is not the United States."; (2) in section 104(b)— (A) by redesignating paragraph (4) as paragraph (5); and (B) by inserting after paragraph (3) the following new paragraph: "(4) the work is a Berne Convention work; or"; (3) in section 104 by adding at the end thereof the following: "(c) EFFECT OF BERNE CONVENTION.—No right or interest in a work eligible for protection under this title may be claimed by virtue of, or in reliance upon, the provisions of the Berne Convention, or the adherence of the United States thereto. Any rights in a work eligible for protection under this title that derive from this title, other Federal or State statutes, or the common law, shall not be expanded or reduced by virtue of, or in reliance upon, the rovisions of the Berne Convention, or the adherence of the United tates thereto."; and (4) by inserting after section 116 the following new section: "§ 116A. Negotiated licenses for public performances by means of coin-operated phonorecord players

P

"(a) APPLICABILITY OF SECTION.—This section applies to

any

nondramatic musical work embodied in a phonorecord. "(b) LIMITATION ON EXCLUSIVE RIGHT I F LICENSES N O T NEGOTIATED.—

"(1) APPLICABILITY.—In the case of a work to which this section applies, the exclusive right under clause (4) of section 106 to perform the work publicly by means of a coin-operated phonorecord player is limited by section 116 to the extent provided in this section. "(2) DETERMINATION BY COPYRIGHT ROYALTY TRIBUNAL.—The

Copyright Royalty Tribunal, at the end of the 1-year period beginning on the effective date of the Berne Convention Implementation Act of 1988, and periodically thereafter to the extent necessary to carry out subsection (f), shall determine whether or not negotiated licenses authorized by subsection (c) are in effect so as to provide permission to use a quantity of musical works not substantially smaller than the quantity of such works performed on coin-operated phonorecord players during the 1-year period ending on the effective date of that Act. If the Copyright Royalty Tribunal determines that such negotiated licenses are not so in effect, the Tribunal shall, upon

Federal Register, publication.