The Berne Convention: Hearings Before the Subcommittee on Patents, Copyrights, and Trademarks of the Committee on the Judiciary, United States Senate, One Hundredth Congress, Second Session on S. 1301 and S. 1971 Bills to Amend Title 17, United States Codes, 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, February 18 and March 3, 1988U.S. Government Printing Office, 1988 - 616 pages |
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Page 29
... necessary for that purpose ; and ( 3 ) the provisions of the Berne Convention shall be given effect solely under title 17 of the United States Code , as amended by this Act , and any other relevant provision of Federal or State law ...
... necessary for that purpose ; and ( 3 ) the provisions of the Berne Convention shall be given effect solely under title 17 of the United States Code , as amended by this Act , and any other relevant provision of Federal or State law ...
Page 36
... necessary for its maintenance or repair ; " ( 2 ) reconstruct or authorize the reconstruction of the building or structure ; or " ( 3 ) demolish or authorize the demolition of the building or structure . " . ( f ) in the table of ...
... necessary for its maintenance or repair ; " ( 2 ) reconstruct or authorize the reconstruction of the building or structure ; or " ( 3 ) demolish or authorize the demolition of the building or structure . " . ( f ) in the table of ...
Page 44
... necessary amendments to American copyright law as we currently have it . I , too , join those who believe that adherence to the Berne Con- vention can be accomplished with only minimal changes to the U.S. law , and I , therefore ...
... necessary amendments to American copyright law as we currently have it . I , too , join those who believe that adherence to the Berne Con- vention can be accomplished with only minimal changes to the U.S. law , and I , therefore ...
Page 45
... necessary . Looking at all of our bills , there is a striking consensus . We are all agreed that any legislation should be minimal because the differ- ences between our law and Berne are minimal . Efforts to perfect this feature or that ...
... necessary . Looking at all of our bills , there is a striking consensus . We are all agreed that any legislation should be minimal because the differ- ences between our law and Berne are minimal . Efforts to perfect this feature or that ...
Page 46
... necessary for moral rights protection and leave the rest of that doctrine at common law intact and unim- paired , to carve out national rules of the convoluted rules of unfair competition or publicity and leave the remainder clear would ...
... necessary for moral rights protection and leave the rest of that doctrine at common law intact and unim- paired , to carve out national rules of the convoluted rules of unfair competition or publicity and leave the remainder clear would ...
Common terms and phrases
adherence to Berne amendment American copyright Article 6bis artists authors back door Berne adherence Berne Convention Berne countries Berne member Berne Union Berne's bilateral bill Bogsch Chairman changes Coalition Committee common law companies compatible with Berne compulsory license Congress copies Copyright Act copyright industries Copyright Office copyright owners copyright protection copyright relations courts Dennis DeConcini directors domestic law droit moral effect enact enforcement federal film foreign GATT Hoc Report implementing legislation infringement international copyright join Berne joining the Berne Kastenmeier Lanham Act level of protection magazine manufacturing clause members of Berne moral rights protection moral rights provision motion pictures MPAA negotiations Oman piracy pirated publishers question Register of Copyrights requirements Senator DECONCINI Senator Hatch Senator Leahy simultaneous publication statement statutes statutory Subcommittee on Patents tion title 17 trade U.S. adherence U.S. copyright law U.S. law United States adherence Universal Copyright Convention WIPO
Popular passages
Page 409 - Independently of the author's economic rights, and even after the transfer of the said rights, the author shall have the right to claim authorship of the work and to object to any distortion, mutilation or other modification of, or other derogatory action in relation to, the said work, which would be prejudicial to his honor or reputation.
Page 217 - State must be in a position under its domestic law to give effect to the terms of this Convention.
Page 311 - By the Constitution a treaty is placed on the same footing and made of like obligation with an act of legislation. Both are declared by that instrument to be the supreme law of the land, and no superior efficacy is given to either over the other. When the two relate to the same subject, the courts will always endeavor to construe them so as to give effect to both, if that can be done without violating the language of either; but if the two are inconsistent, the one last in date will control the other,...
Page 215 - ... the honor of the governments which are parties to it. If these fail, its infraction becomes the subject of international negotiations and reclamations, so far as the injured party chooses to seek redress, which may in the end be enforced by actual war. It is obvious that with all this the- judicial courts have nothing to do and can give no redress.
Page 304 - Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits. 2 Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.
Page 196 - The same law of nations, which prescribes that all property belonging to the enemy shall be liable to confiscation, has likewise its modifications and relaxations of that rule. The arts and sciences are admitted amongst all civilized nations, as forming an exception to the severe rights of warfare, and as entitled to favor and protection. They are considered, not as the peculium of this or of that nation, but as the property of mankind at large, and as belonging to the common interests of the whole...
Page 311 - By the constitution, a treaty is placed on the same footing, and made of like obligation, with an act of legislation. Both are declared by that instrument to be the supreme law of the land, and no superior efficacy is given to either over the other. When the two relate to the same subject, the courts will always endeavor to construe them so as to give effect to both, if that can be done without violating the language of either; but. if the two are inconsistent, the one last in date...
Page 134 - In the case of a work made for hire, the employer or other person for whom the work was prepared is considered the author for purposes of this title, and, unless the parties have expressly agreed otherwise in a written instrument signed by them, owns all of the rights comprised in the copyright.
Page 140 - [A]bove all else, the First Amendment means that government has no power to restrict expression because of its message, its ideas, its subject matter, or its content.