Bill summaries are authored by CRS.

Shown Here:
Passed Senate amended (10/05/1988)

(Measure passed Senate, amended, roll call #350 (90-0))

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.