Copyright
Law of the United States of America
and Related Laws
Contained in Title 17 of the United States Code
Circular 92
Sec.
2. Declarations.
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
(2)
to object to any distortion, mutilation, or other modification of, or other derogatory
action in relation to, the work, that would prejudice the author's honor or reputation.
Sec.
12. Works in the public domain.
Title 17, United
States Code, as amended by this Act, does not provide copyright protection for
any work that is in the public domain in the United States.
Sec.
13. Effective date: effect on pending cases.
(a) Effective Date. - 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.2
(b) Effect on Pending Cases. - Any
cause of action arising under title 17, United States Code, before the effective
date of this Act shall be governed by the provisions of such title as in effect
when the cause of action arose.
1Part II of the Appendix consists
of provisions of the Berne Convention Implementation Act of 1988, Pub. L.
No. 100-568, 102 Stat. 2853, that do not amend title 17 of the United States
Code.
2The Berne Convention entered into
force in the United States on March 1, 1989.
|