Page:United States Statutes at Large Volume 112 Part 5.djvu/104

 112 STAT. 2862 PUBLIC LAW 105-304—OCT. 28, 1998 "The 'WIPO Copyright Treaty' is the WIPO Copyright Treaty concluded at Geneva, Switzerland, on December 20, 1996." * (7) by inserting after the definition of "The 'WIPO Copy- right Treaty'" the following: "The 'WIPO Performances and Phonograms Treaty' is the WIPO Performances and Phonograms Treaty concluded at Geneva, Switzerland, on December 20, 1996."; and (8) by inserting after the definition of "work made for hire" the following: "The terms 'WTO Agreement' and 'WTO member country* have the meanings given those terms in paragraphs (9) and (10), respectively, of section 2 of the Uruguay Round Agreements Act.". (b) SUBJECT MATTER OF COPYRIGHT; NATIONAL ORIGIN.— Section 104 of title 17, United States Code, is amended— (1) in subsection (b)— (A) in paragraph (1) by striking "foreign nation that is a party to a cop3rright treaty to which the United States is also a party" and inserting "treaty party"; (B) in paragraph (2) by striking "party to the Universal Copyright Convention" and inserting "treaty party"; (C) by redesignating paragraph (5) as paragraph (6); (D) by redesignating paragraph (3) as paragraph (5) and inserting it after paragraph (4); (E) by inserting after paragraph (2) the following: "(3) the work is a sound recording that was-first fixed in a treaty party; or"; (F) in paragraph (4) by striking "Berne Convention work" and inserting "pictorial, graphic, or sculptural work that is incorporated in a building or other structure, or an architectural work that is embodied in a building and the building or structure is located in the United States or a treaty party"; and (G) by inserting after paragraph (6), as so redesignated, the following: "For purposes of paragraph (2), a work that is published in the United States or a treaty party within 30 days after publication in a foreign nation that is not a treaty party shall be considered to be first published in the United States or such treaty party, as thecase may be."; and (2) by adding at the end the following new subsection: "(d) EFFECT OF PHONOGRAMS TREATIES. —Notwithstanding the provisions of subsection (b), no works other than sound recordings shall be eligible for protection under this title solely by virtue of the adherence of the United States to the Geneva Phonograms Convention or the WIPO Performances and Phonograms Treaty.". (c) COPYRIGHT IN RESTORED WORKS. —Section 104A(h) of title 17, United States Code, is amended— (1) in paragraph (1), by striking subparagraphs (A) and (B) and inserting the following: "(A) a nation adhering to the Berne Convention; "(B) a WTO member country; "(C) a nation adhering to the WIPO Copyright Treaty; "(D) a nation adhering to the WIPO Performances and Phonograms Treaty; or

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