Page:United States Statutes at Large Volume 102 Part 3.djvu/908

 102 STAT. 2860

PUBLIC LAW 100-568—OCT. 31, 1988

SEC. 10. COPYRIGHT INFRINGEMENT AND REMEDIES.

(a) INFRINGEMENT.—Section 501(b) is amended by striking out "sections 205(d) and 411," and inserting in lieu thereof "section 411,". (b) DAMAGES AND PROFITS.—Section 504(c) is amended— (1) in paragraph (1)— (A) by striking out "$250", and inserting in lieu thereof "$500"; and (B) by striking out "$10,000", and inserting in lieu thereof "$20,000"; and (2) in paragraph (2)— (A) by striking out "$50,000.", and inserting in lieu thereof "$100,000."; and (B) by striking out "$100.", and inserting in lieu thereof "$200.". SEC. 11. COPYRIGHT ROYALTY TRIBUNAL.

Chapter 8 is amended— (1) in section 801, by adding at the end of subsection (b) the following: "In determining whether a return to a copyright owner under section 116 is fair, appropriate weight shall be given to— "(i) the rates previously determined by the Tribunal to provide a fair return to the copyright owner, and "(ii) the rates contained in any license negotiated pursuant to section 116A of this title."; and (2) by amending section 804(a)(2)(C) to read as follows: "(C)(i) In proceedings under section 8010t)Xl) concerning the adjustment of royalty rates as provided in section 115, such petition may be filed in 1990 and in each subsequent tenth calendar year, and at any time within 1 year after negotiated licenses authorized by section 116A are terminated or expire and are not replaced by subsequent agreements. "(ii) If negotiated licenses authorized by section 116A come into force so as to supersede previous determinations of the Tribunal, as provided in section 116A(d), but thereafter are terminated or expire and are not replaced by subsequent agreements, the Tribunal shall, upon petition of any party to such terminated or expired negotiated license agreement, promptly establish an interim royalty rate or rates for the public performance by means of a coin-operated phonorecord player of nondramatic musical works embodied in phonorecords which had been subject to the terminated or expired negotiated license agreement. Such interim royalty rate or rates shall be the same as the last such rate or rates and shall remain in force until the conclusion of proceedings to adjust the royalty rates applicable to such works, or until superseded by a new negotiated license agreement, as provided in section 116A(d).". 17 USC 101 note.

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.

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