Page:United States Statutes at Large Volume 112 Part 5.djvu/103

Rh TITLE I—WIPO TREATIES IMPLEMENTATION

. SHORT TITLE.

This title may be cited as the "WIPO Copyright and Performances and Phonograms Treaties Implementation Act of 1998".

. TECHNICAL AMENDMENTS.

(a) .— of title 17, United States Code, is amended—
 * (1) by striking the definition of "Berne Convention work";
 * (2) in the definition of "The 'country of origin' of a Berne Convention work" —
 * (A) by striking "The 'country of origin' of a Berne Convention work, for purposes of section 411, is the United States if and inserting "For purposes of section 411, a work is a 'United States work' only if;
 * (B) in paragraph (1)—
 * (i) in subparagraph (B) by striking "nation or nations adhering to the Berne Convention" and inserting "treaty party or parties";
 * (ii) in subparagraph (C) by striking "does not adhere to the Berne Convention" and inserting "is not a treaty party"; and
 * (iii) in subparagraph (D) by striking "does not adhere to the Berne Convention" and inserting "is not a treaty party"; and
 * (C) in the matter following paragraph (3) by striking
 * "For the purposes of section 411, the 'country of origin' of any other Berne Convention work is not the United States.";
 * (3) by inserting after the definition of "fixed" the following:
 * "The 'Geneva Phonograms Convention' is the Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms, concluded at Geneva, Switzerland, on October 29, 1971.";
 * (4) by inserting after the definition of "including" the following:
 * "An 'international agreement' is—
 * "(1) the Universal Copyright Convention;
 * "(2) the Geneva Phonograms Convention;
 * "(3) the Berne Convention;
 * "(4) the WTO Agreement;
 * "(5) the WIPO Copyright Treaty;
 * "(6) the WIPO Performances and Phonograms Treaty; and
 * "(7) any other copyright treaty to which the United States is a party.";
 * (5) by inserting after the definition of "transmit" the following:
 * "A 'treaty party' is a country or intergovernmental organization other than the United States that is a party to an international agreement.";
 * (6) by inserting after the definition of "widow" the following: