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URLhttps://www.congress.gov/bill/100th-congress/house-bill/4262
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Meta TitleH.R.4262 - 100th Congress (1987-1988): Berne Convention Implementation Act of 1988 | Congress.gov | Library of Congress
Meta DescriptionSummary of H.R.4262 - 100th Congress (1987-1988): Berne Convention Implementation Act of 1988
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Summary: H.R.4262 — 100th Congress (1987-1988) All Information (Except Text) Shown Here: Passed Senate amended (10/05/1988) (Measure passed Senate, amended (Inserted Text of S. 1301 as passed Senate)) Berne Convention Implementation Act of 1988 - 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. Provides that the scope of Federal preemption remains unaffected by U.S. adherence to the Berne Convention. Makes discretionary instead of mandatory the use of a notice of copyright on publicly distributed copies of protected works, including phonorecords of sound recordings (thus bringing U.S. law into conformance with the Berne Convention). States that such a notice is a bar to a defense of innocent infringement if the defendant had access to copies with such notice. Declares that the copyright notice requirements do not apply to publications incorporating U.S. Government works unless the notice of copyright on such works identifies those sections which are not U.S. Government works. Removes the copyright notice requirements with respect to all publicly distributed copies of works. Makes registration a prerequisite to a copyright infringement action except for actions regarding Berne Convention works whose country of origin is not the United States (thus exempting only non-domestic Berne Convention members from the formality of registration as a prerequisite to initiating a lawsuit for copyright infringement). 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 same day the Berne Convention enters into force with respect to the United States.
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[skip to main content](https://www.congress.gov/bill/100th-congress/house-bill/4262#content) Alert: For a better experience on Congress.gov, please enable JavaScript in your browser. Navigation [![Congress.gov](https://www.congress.gov/img/svg/congress-gov-logo.svg)](https://www.congress.gov/) - [Advanced Searches](https://www.congress.gov/advanced-search/legislation) - [Browse](https://www.congress.gov/browse) - [Legislation](https://www.congress.gov/legislation?q=%7B%22congress%22%3A119%7D) - [Congressional Record](https://www.congress.gov/congressional-record) - [Committees](https://www.congress.gov/committees) - [Members](https://www.congress.gov/members?q=%7B%22congress%22%3A119%7D) - [Search Tools](https://www.congress.gov/help/search-tools-overview) - [Support](https://www.congress.gov/bill/100th-congress/house-bill/4262) - [Glossary](https://www.congress.gov/help/legislative-glossary) - [Help](https://www.congress.gov/help) - [Contact](https://www.congress.gov/contact-us) [Close](https://www.congress.gov/bill/100th-congress/house-bill/4262) - Browse the [Help Center](https://www.congress.gov/help) - [Glossary](https://www.congress.gov/help/legislative-glossary) - [Contact](https://www.congress.gov/contact-us) - Congressional Documents - [Legislation](https://www.congress.gov/bill/100th-congress/house-bill/4262#legislation) - [Legislation Text](https://www.congress.gov/bill/100th-congress/house-bill/4262#legislation-text) - [Committee Reports](https://www.congress.gov/bill/100th-congress/house-bill/4262#committee-reports) - [Congressional Record](https://www.congress.gov/bill/100th-congress/house-bill/4262#congressional-record) - [Nominations](https://www.congress.gov/bill/100th-congress/house-bill/4262#nominations) - [House Communications](https://www.congress.gov/bill/100th-congress/house-bill/4262#house-communications) - [Senate Communications](https://www.congress.gov/bill/100th-congress/house-bill/4262#senate-communications) - [Treaty Documents](https://www.congress.gov/bill/100th-congress/house-bill/4262#treaty-documents) - Library of Congress Documents - [CRS Products](https://www.congress.gov/bill/100th-congress/house-bill/4262#crs-products) [Fewer Options](https://www.congress.gov/bill/100th-congress/house-bill/4262) [More Options](https://www.congress.gov/bill/100th-congress/house-bill/4262) [Citation](https://www.congress.gov/bill/100th-congress/house-bill/4262#citation) [Subscribe](https://www.congress.gov/get-alerts) [Share/Save](https://www.congress.gov/bill/100th-congress/house-bill/4262#share) [Site Feedback](https://www.congress.gov/bill/100th-congress/house-bill/4262#survey) [Home](https://www.congress.gov/) \> [Legislation](https://www.congress.gov/search?q=%7B%22source%22%3A%22legislation%22%7D) \> [100th Congress](https://www.congress.gov/search?q=%7B%22source%22%3A%22legislation%22%2C%22congress%22%3A100%7D) \> H.R.4262 # H.R.4262 - Berne Convention Implementation Act of 1988 100th Congress (1987-1988) ## Law [Hide Overview](https://www.congress.gov/bill/100th-congress/house-bill/4262) | | | |---|---| | Sponsor: | [Rep. Kastenmeier, Robert W. \[D-WI-2\]](https://www.congress.gov/member/robert-kastenmeier/K000020) (Introduced 03/28/1988) | | Committees: | House - Judiciary | | Latest Action: | 10/31/1988 Became [Public Law No: 100-568](https://www.congress.gov/bill/100th-congress/house-bill/4262/text). ([All Actions](https://www.congress.gov/bill/100th-congress/house-bill/4262/all-actions?overview=closed#tabs)) | | Roll Call Votes: | There has been [1 roll call vote](https://www.congress.gov/bill/100th-congress/house-bill/4262/all-actions?overview=closed&q=%7B%22roll-call-vote%22%3A%22all%22%7D) | | Tracker: Tip | This bill has the status Became LawHere are the steps for Status of Legislation:Introduced Array ( \[actionDate\] =\> 1988-05-06 \[displayText\] =\> Reported to House (Amended) by House Committee on The Judiciary. Report No: 100-609. \[externalActionCode\] =\> 5000 \[description\] =\> Introduced \[chamberOfAction\] =\> House ) Passed House Array ( \[actionDate\] =\> 1988-05-10 \[displayText\] =\> Passed/agreed to in House: Passed House (Amended) by Yea-Nay Vote: 420 - 0 (Record Vote No: 116). \[externalActionCode\] =\> 8000 \[description\] =\> Passed House \[chamberOfAction\] =\> House ) Passed Senate Array ( \[actionDate\] =\> 1988-10-05 \[displayText\] =\> Passed/agreed to in Senate: Passed Senate with an amendment by Voice Vote. \[externalActionCode\] =\> 17000 \[description\] =\> Passed Senate \[chamberOfAction\] =\> Senate ) Resolving Differences Array ( \[actionDate\] =\> 1988-10-12 \[displayText\] =\> \[externalActionCode\] =\> 19000 \[description\] =\> Resolving Differences \[chamberOfAction\] =\> House ) To President Array ( \[actionDate\] =\> 1988-10-21 \[displayText\] =\> Presented to President. \[externalActionCode\] =\> 28000 \[description\] =\> To President \[chamberOfAction\] =\> ) Became Law Array ( \[actionDate\] =\> 1988-10-31 \[displayText\] =\> Became Public Law No: 100-568. \[externalActionCode\] =\> 36000 \[description\] =\> Became Law \[chamberOfAction\] =\> ) | ### Subject — Policy Area: - Commerce - [View subjects](https://www.congress.gov/bill/100th-congress/house-bill/4262/subjects?overview=closed) - ## [Summary (4)](https://www.congress.gov/bill/100th-congress/house-bill/4262) - ## [Text (1)](https://www.congress.gov/bill/100th-congress/house-bill/4262/text) - ## [Actions (20)](https://www.congress.gov/bill/100th-congress/house-bill/4262/all-actions) - ## [Titles (6)](https://www.congress.gov/bill/100th-congress/house-bill/4262/titles) - ## [Amendments (0)](https://www.congress.gov/bill/100th-congress/house-bill/4262/amendments) - ## [Cosponsors (12)](https://www.congress.gov/bill/100th-congress/house-bill/4262/cosponsors) - ## [Committees (1)](https://www.congress.gov/bill/100th-congress/house-bill/4262/committees) - ## [Related Bills (2)](https://www.congress.gov/bill/100th-congress/house-bill/4262/related-bills) Bill Details: ## Summary: H.R.4262 — 100th Congress (1987-1988) [All Information](https://www.congress.gov/bill/100th-congress/house-bill/4262/all-info) (Except Text) [Listen](https://app-na.readspeaker.com/cgi-bin/rsent?customerid=6927&lang=en_us&readid=bill-summary&url=https%3A%2F%2Fwww.congress.gov/bill/100th-congress/house-bill/4262 "Listen to this page using ReadSpeaker webReader") [Bill summaries](https://www.congress.gov/help/legislative-glossary#glossary_billsummary) are authored by [CRS](https://www.congress.gov/help/legislative-glossary#glossary_crs). ### Shown Here: Passed Senate amended (10/05/1988) (Measure passed Senate, amended (Inserted Text of [S. 1301](https://www.congress.gov/bill/100th-congress/senate-bill/1301) as passed Senate)) Berne Convention Implementation Act of 1988 - 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. Provides that the scope of Federal preemption remains unaffected by U.S. adherence to the Berne Convention. Makes discretionary instead of mandatory the use of a notice of copyright on publicly distributed copies of protected works, including phonorecords of sound recordings (thus bringing U.S. law into conformance with the Berne Convention). States that such a notice is a bar to a defense of innocent infringement if the defendant had access to copies with such notice. Declares that the copyright notice requirements do not apply to publications incorporating U.S. Government works unless the notice of copyright on such works identifies those sections which are not U.S. Government works. Removes the copyright notice requirements with respect to all publicly distributed copies of works. Makes registration a prerequisite to a copyright infringement action except for actions regarding Berne Convention works whose country of origin is not the United States (thus exempting only non-domestic Berne Convention members from the formality of registration as a prerequisite to initiating a lawsuit for copyright infringement). Increases statutory damages. Authorizes the Tribunal to set jukebox interim rates, as specified. States that works in the public domain remain unprotected. 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Readable Markdown
Summary: H.R.4262 — 100th Congress (1987-1988) [All Information](https://www.congress.gov/bill/100th-congress/house-bill/4262/all-info) (Except Text) ### Shown Here: Passed Senate amended (10/05/1988) (Measure passed Senate, amended (Inserted Text of [S. 1301](https://www.congress.gov/bill/100th-congress/senate-bill/1301) as passed Senate)) Berne Convention Implementation Act of 1988 - 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. Provides that the scope of Federal preemption remains unaffected by U.S. adherence to the Berne Convention. Makes discretionary instead of mandatory the use of a notice of copyright on publicly distributed copies of protected works, including phonorecords of sound recordings (thus bringing U.S. law into conformance with the Berne Convention). States that such a notice is a bar to a defense of innocent infringement if the defendant had access to copies with such notice. Declares that the copyright notice requirements do not apply to publications incorporating U.S. Government works unless the notice of copyright on such works identifies those sections which are not U.S. Government works. Removes the copyright notice requirements with respect to all publicly distributed copies of works. Makes registration a prerequisite to a copyright infringement action except for actions regarding Berne Convention works whose country of origin is not the United States (thus exempting only non-domestic Berne Convention members from the formality of registration as a prerequisite to initiating a lawsuit for copyright infringement). 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 same day the Berne Convention enters into force with respect to the United States.
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