(d) This section may be cited as the “American Television and Radio Archives Act”.

Sec. 114.  There are hereby authorized to be appropriated such funds as may be necessary to carry out the purposes of this Act.

Sec. 115.  If any provision of title 17, as amended by the first section of this Act, is declared unconstitutional, the validity of the remainder of this title is not affected.

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Appendix I Endnotes

1 Part I of the Appendix contains the Transitional and Supplementary Provisions of the Copyright Act of 1976, Pub.  L. No. 94-533, 90 Stat. 2541, that do not amend title 17 of the United States Code.

2 The correct reference is to “290e,” not “290(e).”

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Appendix II.  Berne Convention Implementation Act of 1988 [1]

Sec. 2.  Declarations.

The Congress makes the following declarations: 

(1) The Convention for the Protection of Literary and Artistic Works, signed at Berne, Switzerland, on September 9, 1886, and all acts, protocols, and revisions thereto (hereafter in this Act referred to as the “Berne Convention”) are not self-executing under the Constitution and laws of the United States.

(2) The obligations of the United States under the Berne Convention may be performed only pursuant to appropriate domestic law.

(3) The amendments made by this Act, together with the law as it exists on the date of the enactment of this Act, satisfy the obligations of the United States in adhering to the Berne Convention and no further rights or interests shall be recognized or created for that purpose.

Sec. 3.  Construction of the Berne Convention.

(a) Relationship With Domestic Law.  The provisions of the Berne Convention-

(1) shall be given effect under title 17, as amended by this Act, and any other relevant provision of Federal or State law, including the common law; and

(2) shall not be enforceable in any action brought pursuant to the provisions of the Berne Convention itself.

(b) Certain Rights Not Affected.  The provisions of the Berne Convention, the adherence of the United States thereto, and satisfaction of United States obligations thereunder, do not expand or reduce any right of an author of a work, whether claimed under Federal, State, or the common law-

(1) to claim authorship of the work; or

(2) to object to any distortion, mutilation, or other modification of, or other derogatory action in relation to, the work, that would prejudice the author’s honor or reputation.

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.

Sec. 13.  Effective date:  effect on pending cases.