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Topic: Berne Convention Implementation Act

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	U.S. Copyright Office - 128-Bit Browsers
		(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.
		Part II of the Appendix consists of provisions of the Berne Convention Implementation Act of 1988, Pub.
		The Berne Convention entered into force in the United States on March 1, 1989.
	www.copyright.gov /title17/92appii.html (420 words)

	Public domain - Wikipedia, the free encyclopedia
		Until the Berne Convention Implementation Act of 1987, the copyright term in the United States was only five years for works published without a copyright notice, unless the work was registered with the Library of Congress in that time period.
		The Berne Convention Implementation Act of 1988 states in section twelve that the Act "does not provide copyright protection for any work that is in the public domain." The congressional committee report explains that this means simply that the Act does not apply retroactively.
		Although the only part of the act that does mention "public domain" does not speak to whether authors have the right to dedicate their work to the public domain, the remainder of the committee report does not say that they intended copyright should be an indestructible form of property.
	en.wikipedia.org /wiki/Public_domain (6075 words)

	Berne Convention
		The Berne Convention Implementation Act of 1988 brings the United States, as of March 1, 1989, into the Convention of Literary and Artistic Works, a group of countries that recognizes international copyright protection, commonly known as the Berne Union or the Berne Convention.
		The Berne Convention also proscribes formal registration requirements prior to judicial enforcement, so the Copyright Act as amended states "for actions for infringement of copyright in Berne Convention works whose country of origin is not the United States," registration is not required.
		This act extended American copyright protection to foreigners upon the condition that they comply with the requirements of the 1790 Act, and in addition that the published work be of American manufacture.
	www.usip.com /articles/bernec.htm (1257 words)

	Copyright Law of the United States of America: Appendix II. Berne Convention Implementation Act of 1988 (Site not responding. Last check: 2007-10-14)
		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.
		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.
		This Act and the amendments made by this Act take effect on the date on which the Berne Convention (as defined in section 101 of title 17, United States Code) enters into force with respect to the United States.
	www.theparentingsearch.com /copyright/15.shtml (348 words)

	JAIC 1997, Volume 36, Number 2, Article 6 (pp. 165 to 179)
		The Berne Convention, established in 1886 in Berne, Switzerland, is the oldest multilateral copyright treaty and is administered by the World Intellectual Property Organization (WIPO), an agency of the United Nations.
		Moral rights under the Berne Convention are recognized independently of the artist's economic rights and continue to remain with the artist even after the transfer of the economic rights (e.g., sale of the work of art) (Berne Convention 1978).
		The Berne Convention also recognizes the existence of moral rights after the death of the artist at least until the expiration of the economic rights, except in those countries that do not provide for moral rights protection after the death of the artist (Berne Convention 1978).
	aic.stanford.edu /jaic/articles/jaic36-02-006_3.html (742 words)

	[No title]
		Futher important changes resulted from the Berne Convention Implementation Act of 1988, which took effect March 1, 1989, and the Copyright Renewal Act of 1992 (P.L. 102-307) enacted June 26,1992, which amended the renewal provisions of the copyright law.
		The Sound Recording Act of 1971, the present copyright law, and the Berne Convention Implementation Act of 1988 cannot be applied or be construed to provide any retroactive protection for sound recordings fixed before February 15, 1972.
		The transitional and supplementary provisions of the act provide that for any work in which ad interim copyright was subsisting or capable of being secured on December 31, 1977, copyright protection would be extended for a term compatible with the other works in which copyright was subsisting on the effective date of the new act.
	www.umsl.edu /services/summer/copyrite/circ22 (4567 words)

	[No title]
		(An Act 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.) Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled.
		For purposes of paragraph (1), an author who is domiciled in or has his or her habitual residence in, a nation adhering to the Berne Convention is considered to be a national of that nation.
		Such interim royalty rate or rates shall be the same as the last such rate or rates and shall remain in force until the conclusion of proceedings to adjust the royalty rates applicable to such works, or until superseded by a new negotiated license agreement, as provided in section 116A(d).".
	www.bralyn.net /etext/reference/law/copyright/usberneconvention.txt (1165 words)

	FCLJ v48n1, Crowley
		In 1886, a convention took place in Berne, Switzerland that spawned the Berne Convention for the Protection of Literary and Artistic Works (Berne Convention or Convention) and an international copyright union.(15) The Convention was the result of "over 25 years of study and conferences which were undertaken by representatives of authors and artists.
		For example, the BCIA is not self-executing, meaning that rights found in the copyright laws of other nations cannot merge into the laws of the U.S.(55) Also, the provisions of the BCIA are not retroactive.
		First, it stated that the act of an "authorization" could be actionable as a direct act of copyright infringement.(119) Second, the court concluded that whether "the act `authorized' occurs abroad is irrelevant to the question whether the court has subject matter jurisdiction over a claim.
	www.law.indiana.edu /fclj/pubs/v48/no1/crowley.html (7236 words)

	Inter American Press Association (Site not responding. Last check: 2007-10-14)
		The Copyright Act of 1976 created a single federal system to protect published and unpublished original works of authorship, from articles and song lyrics to literary characters and dramatic works.
		In 1988, the United States became a member of the Berne Convention for the Protection of Literary and Artistic Works.
		The Berne Convention Implementation Act of 1988 amended the 1976 Copyright Act and eliminated many of the act?s formal requirements, such as copyright notice, recordation and registration.
	www.sipiapa.org /PROJECTS/laws-usa16.cfm (324 words)

	Intellectual Property Professional Information Center: Constitutionality of Post-1976 Copyright Laws Is Affirmed as ...
		Neither the Copyright Renewal Act of 1992, the Sonny Bono Copyright Term Renewal Act, the Copyright Act of 1976, nor the Berne Convention Implementation Act is unconstitutional as applied to works created from 1964 through 1977, the U.S. District Court for the Northern District of California ruled Nov. 19 (Kahle v.
		The alteration of the copyright regime, the plaintiffs argued, substantially interferes with their archiving activity because the removal of the pre-1977 requirements makes it difficult for the archiving projects to ascertain the copyright status of 1964-1977 works, whether they are protected by copyright, and, if so, who the copyright holders are.
		Applying that analysis to the 1976 act, the BCIA, and the CRA, and citing again from Eldred, the court concluded that Congress had a rational basis for its determination that those statutes promoted the progress of science by rewarding authors, and that therefore they did not violate the progress of science clause.
	ipcenter.bna.com /pic2/ip.nsf/id/BNAP-67BSPY?OpenDocument&PrintVersion=Yes (1278 words)

	US Copyright Law - Chapter 4: Copyright Notice, Deposit, and Registration
		The Berne Convention Implementation Act of 1988 amended section 408 by deleting "Subject to the provisions of section 405(a)," at the beginning of the second sentence of subsection (a).
		That Act also amended section 408(c)(2) by inserting "the following conditions:" in lieu of "all of the following conditions" and by striking subparagraph (A) and by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively.
		The WIPO Copyright and Performances and Phonograms Treaties Implementation Act of 1998 amended the first sentence in section 411(a) by deleting "actions for infringement of copyright in Berne Convention works whose country of origin is not the United and" and by inserting "United States" after "no action for infringement of the copyright in any." Pub.
	www.copyrighter.ru /lite/uscopyright5.htm (2886 words)

	Resources on the Berne from academic institutions
		Berne University is fully accredited by the Ministry of Education in the government of the Federation of St....
		Berne (German spelling: Bern) is the capital of Switzerland and of the canton or state named Berne.
		Communications Media Center at New York Law School: The "Berne Convention" is the Convention for the Protection of Literary and Artistic Works, signed at Berne, Switzerland, on September 9, 1886, and all acts...
	mongabay.org /conservation/Berne.htm (982 words)

	US CODE: Title 17,406. Notice of copyright: Error in name or date on certain copies and phonorecords
		Unlike the present law, the bill contains no provision requiring the elements of the copyright notice to “accompany” each other, and under section 406 (c) a name or date that could reasonably be read with the other elements may satisfy the requirements even if somewhat separated from them.
		The effective date of the Berne Convention Implementation Act of 1988, referred to in text, is Mar. 1, 1989, see section 13 of Pub.
		100–568, § 7(f)(3), inserted “before the effective date of the Berne Convention Implementation Act of 1988” after “publicly distributed” and “as in effect on the day before the effective date of the Berne Convention Implementation Act of 1988” after “section 405”.
	straylight.law.cornell.edu /uscode/uscode17/usc_sec_17_00000406----000-notes.html (767 words)

	AALL Washington Affairs: Testimony before LOC Copyright Office - Distance Education, March 3, 1999
		The bill endorses the purpose and general scope of the doctrine of fair use, but there is no disposition to freeze the doctrine in the statute, especially during a period of rapid technological change.
		Nowhere in the legislative history of section 110(2) (or of the general revision of the Copyright Act in 1976) does Congress state or imply that the many exemptions from copyright liability established therein owed their existence to the difficulties that otherwise would have been faced by the exemptionsí beneficiaries.
		Propose changes to section 110(2) of the present Copyright Act which ñ consistent with the sectionís origins ñ will permit educators to take full advantage of digital network technology to afford students of all ages, regardless of their physical location, appropriate access and use of copyrighted materials germane to their courses of instruction.
	www.ll.georgetown.edu /aallwash/lt030399.html (3373 words)

	Patry: Amendments to the 1976 Act
		Title I contained the Copyright Renewal Act of 1992439 and abolished the requirement that works published between 1964 and 1977 (the last year the 1909 Act governed such issues) be renewed in the Copyright Office or fall into the public domain.
		The new Act amended 18 U.S.C. §2319 by providing first-time felony penalties for violation of the reproduction and distribution rights for all types of copyrighted works (the misdemeanor provisions, which applied to all the Section 106 rights for all subject matter, were left unchanged).
		The Act was generally effective on the date of enactment, with the exception of 17 U.S.C. §119(e), which was effective on December 1, 1991, and which expires on October 1, 1995.
	digital-law-online.info /patry/patry9.html (13153 words)

	law.com - Article
		In these cases, it appears that the rationale of the court was that a copyright violation had already been established or could not be, and permitting an action based on the removal or alteration of the copyright notice itself would be allowing a double or impermissible recovery.
		When Congress passed the Berne Convention Implementation Act, it mooted the issue by specifically providing a separate remedy for the removal of the copyright symbol, and attorney fees.
		The court found that the use of the copyright symbol was "reverse passing-off" in violation of the Lanham Act.
	www.law.com /jsp/article.jsp?id=1050369430450 (695 words)

	COPYRIGHT ACT, CHAPT. 4
		With respect to copies and phonorecords publicly distributed by authority of the copyright owner before the effective date of the Berne Convention Implementation Act of 1988, the omission of the copyright notice described in sections 401 through 403 [17 USCS Sects.
		When the year date in the notice on copies or phonorecords distributed before the effective date of the Berne Convention Implementation Act of 1988 by authority of the copyright owner is earlier than the year in which publication first occurred, any period computed from the year of first publication under section 302 [17 USCS Sect.
		(a) Except for actions for infringement of copyright in Berne Convention works whose country of origin is not the United States and an action brought for a iolation of the rights of the author under section 106A(a) [17 USCS Sect.
	www.law.cornell.edu /copyright/copyright.act.chapt4.html (3328 words)

	U.S. Copyright Office - 128-Bit Browsers (Site not responding. Last check: 2007-10-14)
		The Berne Convention Implementation Act of 1988 amended section 301 by adding at the end thereof subsection (e).
		The Visual Artists Rights Act of 1990, which added subsection (f), states, “Subject to subsection (b) and except as provided in subsection (c), this title and the amendments made by this title take effect 6 months after the date of the enactment of this Act,” that is, six months after December 1, 1990.
		The 1976 Copyright Act extended the terms for those copyrights by 20 years, provided they were in their renewal term between December 31, 1976, and December 31, 1977.
	www.copyright.gov /title17/92chap3.html (3080 words)

	U.S. Copyright Office - Information Circular
		Moreover, as explained in this circular, the changes brought about under the Copyright Act of 1976, the Berne Convention Implementation Act of 1988, the Copyright Renewal Act of 1992, and the Sonny Bono Copyright Term Extension Act of 1998 must be considered when investigating the copyright status of a work.
		Neither the 1976 Copyright Act, the Berne Convention Implementation Act of 1988, the Copyright Renewal Act of 1992, nor the Sonny Bono Copyright Term Extension Act of 1998 will restore protection to works that fell into the public domain before the passage of the laws.
		If renewed by registration or under the Copyright Renewal Act of 1992 and if still valid under the other provisions of the law, the copyright will expire 95 years from the end of the year in which it was first secured.
	www.copyright.gov /circs/circ22.html (5394 words)

	The Bern Convention (Site not responding. Last check: 2007-10-14)
		The Berne Convention for the Protection of Literary and Artistic Works is an international copyright treaty originally signed in 1889, revised in 1971, and amended in 1979.
		Signatories of the Convention agree to recognize the moral rights of integrity and attribution of creative works and the economic rights to produce, reproduce, distribute, and perform works of creation.
		In order to comply with Berne, the Act also made some basic changes to the U.S. copyright law, such as eliminating the mandatory requirement of a visible copyright notice (such as ©) for works published after 1989.
	www.tzanis.org /Courses/Session8/Fairuse/1b.htm (245 words)

	[No title]
		The symbol "G6&169;" has also been adopted as the international symbol for the protection of sound recordings by the "Phonograms Convention" (the Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms, done at Geneva October 29, 1971), to which the United States is a party.
		Where an infringer made profits from infringing acts committed innocently before receiving notice from the copyright owner, the court may allow or withhold their recovery in light of the circumstances.
		Section 410(d), which is in accord with the present practice of the Copyright Office, makes the effective date of registration the day when an application, deposit, and fee "which are later determined by the Register of Copyrights or by a court of competent jurisdiction to be acceptable for registration" have all been received.
	uscode.house.gov /download/pls/17C4.txt (8576 words)

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