Page:United States Statutes at Large Volume 102 Part 3.djvu/902

 102 STAT. 2854

PUBLIC LAW 100-568—OCT. 31, 1988 (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. 4. SUBJECT MATTER AND SCOPE OF COPYRIGHTS.

(a) SUBJECT AND SCOPE.—Chapter 1 is amended—

(1) in section 101— (A) in the definition of "Pictorial, graphic, and sculptural works" by striking out in the first sentence "technical drawings, diagrams, and models" and inserting in lieu thereof "diagrams, models, and technical drawings, including architectural plans"; (B) by inserting after the definition of "Audiovisual works", the following: "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, protocols, and revisions thereto. "A work is a 'Berne Convention work' if— "(1) in the case of an unpublished work, one or more of the authors is a national of a nation adhering to the Berne Convention, or in the case of a published work, one or more of the authors is a national of a nation adhering to the Berne Convention on the date of first publication; "(2) the work was first published in a nation adhering to the Berne Convention, or was simultaneously first published in a nation adhering to the Berne Convention and in a foreign nation that does not adhere to the Berne Convention; "(3) in the case of an audiovisual work— "(A) if one or more of the authors is a legal entity, that author has its headquarters in a nation adhering to the Berne Convention; or "(B) if one or more of the authors is a n individual, that author is domiciled, or has his or her habitual residence in, a nation adhering to the Berne Convention; or "(4) in the case of a pictorial, graphic, or sculptural work that is incorporated in a building or other structure, the building or structure is located in a nation adhering to the Berne Convention. 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. For purposes of paragraph (2), a work is considered to have been simultaneously published in two or more nations if its dates of publication are within 30 days of one another."; and (C) by inserting after the definition of "Copyright owner", the following: "The 'country of origin' of a Berne Convention work, for purposes of section 411, is the United States if— "(1) in the case of a published work, the work is first published— "(A) in the United States; "(B) simultaneously in the United States and another nation or nations adhering to the Berne Convention, whose law grants a term of copyright protection that is the same as or longer than the term provided in the United States;

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