Jonathan Band’s DMCA Memo
TITLE I: WIPO TREATIES IMPLEMENTATION
Technical Amendments
Title I also contains a variety of technical amendments. It amends the federal copyright law to grant copyright protection to:
- sound recordings that were first fixed in a treaty party (a country or intergovernmental organization other than the United States that is a party to specified international copyright and other agreements); and
- pictorial, graphic, or sculptural works incorporated in a building or other structure or an architectural work embodied in a building located in the United States or a treaty party.
The DMCA treats works published in the United States or a treaty party within 30 days after publication in a non-U.S., non-treaty party as first published in the United States or a treaty party for purposes of conferring protection.
Title I provides that no works other than sound recordings shall be eligible for protection solely by virtue of U.S. adherence to the Geneva Phonograms Convention or the WIPO Performances and Phonograms Treaty. It revises the definition of "eligible country," for purposes of provisions regarding copyright in restored works, to include nations other than the United States that:
- become World Trade Organization member countries after the date of enactment of the Uruguay Round Agreements Act;
- are or become nations adhering to the Berne Convention;
- adhere to the WIPO Copyright or Performances and Phonograms Treaties; or
- become subject to a certain presidential proclamation of copyright restoration after such enactment date.
It includes sound recordings in the definition of "restored work" if the source country for the work is an eligible country solely by its adherence to the WIPO Performances and Phonograms Treaty.
