Page:United States Statutes at Large Volume 102 Part 3.djvu/905

 PUBLIC LAW 100-568—OCT. 31, 1988

102 STAT. 2857

thereafter is terminated or expires and is not replaced by another licensing agreement, then section 116 shall be effective with respect to musical works that were the subject of such terminated or expired licenses.", (b) TECHNICAL AB<ENDMENTS.—(1) Section 116 is amended— (A) by amending the section heading to read as follows: Compulsory licenses for public performances by means of coin-operated phonorecord players'*; (B) in subsection (a) in the matter preceding paragraph (1), by inserting after "in a phonorecord," the following: "the performance of which is subject to this section as provided in section 116A,"; and (C) in subsection (e), by inserting "and section 116A" after "As used in this section". (2) The table of sections a t the b ^ i n n i n g of chapter 1 is amended by striking out the item relating to section 116, and inserting in lieu thereof the following: "116. Scope of exclusive rights in nondramatic musical works: Compulsory licenses for public performances by means of coin-operated phonorecord players. "116A. Negotiated licenses for public performances by means of coin-operated phonorecord players.". SEC. 5. RECORDATION.
 * § 116. Scope of exclusive rights in nondramatic musical works:

Section 205 is amended— (1) by striking out subsection (d); and (2) by redesignating subsections (e) and (1) as subsections (d) and (e), respectively. SEC. 6. PREEMPTION WITH RESPECT TO OTHER LAWS NOT AFFECTED.

Section 301 is amended by adding a t the end thereof the following: "(e) The scope of Federal preemption under this section is not affected by the adherence of the United States to the Berne Convention or the satisfaction of obligations of the United States thereunder.". SEC 7. NOTICE OF COPYRIGHT. (a) VISUALLY PERCEPTIBLE COPIES.—Section 401 is amended—

(1) in subsection (a), by amending the subsection heading to read as follows: "(a) GENERAL PROVISIONS.—";

(2) in subsection (a), by striking out "shall be placed on all" and inserting in lieu thereof "may be placed on"; (3) in subsection (b), by striking out "The notice appearing on the copies" and inserting in lieu thereof "If a notice appears on the copies, it"; and (4) by adding at the end the following: "(d) EVIDENTIARY WEIGHT OF NOTICE.—If a notice of copyright in

the form and position specified by this section appears on the published copy or copies to which a defendant in a copyright infringement suit had access, then no weight shall be given to such a defendant's interposition of a defense based on innocent infringement in mitigation of actual or statutory damages, except as provided in the last sentence of section 504(c)(2).". (b)

PHONORECORDS OF SOUND

amended—

RECORDINGS.—Section

402

is

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