ウルグアイ・ラウンド協定法


第5編―知的財産

第501条．定義．

本編に対して：

(1) WTO協定という語は，ウルグアイ・ラウンド協定法の第2条(9)において定められた意味を持ち；および

(2) WTO参加国という語は，ウルグアイ・ラウンド協定法の第2条(10)において定められた意味を持つ．

第A章―著作権条項

第511条．コンピューター・プログラムにおける貸与権

1990年コンピューター・ソフトウェアの貸与に関する改正法第804条(c)（合衆国法典第17編第109条； 会期別法令集第104巻5134頁）を，第1文を削ることにより改正する．

第512条．生の音楽実演の音声の録音物および音楽ビデオの無断の固定および流通に対する民事罰．

(a) 全般．合衆国法典第17編を，末尾に以下の新章を加えることにより改正する：

"第11章―録音物および音楽ビデオ

"第1101条．録音物および音楽ビデオの無断の固定および流通．

"§1101. Unauthorized fixation and trafficking in sound recordings and music videos

"(a) UNAUTHORIZED ACTS.-Anyone who, without the consent of the performer or performers involved 
"(1) fixes the sounds or sounds and images of a live musical performance in a copy or phonorecord, or reproduces copies or phonorecords of such a performance from an unauthorized fixation,
"(2) transmits or otherwise communicates to the public the sounds or sounds and images of a live musical performance, or
"(3) distributes or offers to distribute, sells or offers to sell, rents or offers to rent, or traffics in any copy or phonorecord fixed as described in paragraph (1), regardless of whether the fixations occurred in the United States, shall be subject to the remedies provided in sections 502 through 505, to the same extent as an infringer of copyright.
"(b) DEFINITION.-As used in this section, the term traffic in means transport, transfer, or otherwise dispose of, to another, as consideration for anything of value, or make or obtain control of with intent to transport, transfer, or dispose of.
"(c) APPLICABILITY.This section shall apply to any act or acts that occur on or after the date of the enactment of the Uruguay Round Agreements Act.
"(d) STATE LAW NOT PREEMPTED.-Nothing in this section may be construed to annul or limit any rights or remedies under the common law or statutes of any State.

(b) 適合改正．―合衆国法典第17編の目次を，末尾に以下を追加することにより改正する：

11. 録音物および音楽ビデオ ........................................ 1101.

第513条．生の音楽実演の音声の録音物および音楽ビデオの無断の固定および流通に対する刑事罰．

(a) 全般．合衆国法典第18編の第113章を，第2319条の後に以下を挿入することにより改正する：

"第2319A条．生の音楽実演の音声の録音物および音楽ビデオの無断の固定および流通
"(a) OFFENSE.-Whoever, without the consent of the performer or performers involved, knowingly and for purposes of commercial advantage or private financial gain
"(1) fixes the sounds or sounds and images of a live musical performance in a copy or phonorecord, or reproduces copies or phonorecords of such a performance from an unauthorized fixation;
"(2) transmits or otherwise communicates to the public the sounds or sounds and images of a live musical performance; or
"(3) distributes or offers to distribute, sells or offers to sell, rents or offers to rent, or traffics in any copy or phonorecord fixed as described in paragraph (1), regardless of whether the fixations occurred in the United States; shall be imprisoned for not more than 5 years or fined in the amount set forth in this title, or both, or if the offense is a second or subsequent offense, shall be imprisoned for not more than 10 years or fined in the amount set forth in this title, or both.
"(b) FORFEITURE AND DESTRUCTION.-When a person is convicted of a violation of subsection (a), the court shall order the forfeiture and destruction of any copies or phonorecords created in violation thereof, as well as any plates, molds, matrices, masters, tapes, and film negatives by means of which such copies or phonorecords may be made. The court may also, in its discretion, order the forfeiture and destruction of any other equipment by means of which such copies or phonorecords may be reproduced, taking into account the nature, scope, and proportionality of the use of the equipment in the offense.
"(c) SEIZURE AND FORFEITURE.-If copies or phonorecords of sounds or sounds and images of a live musical performance are fixed outside of the United States without the consent of the performer or performers involved, such copies or phonorecords are subject to seizure and forfeiture in the United States in the same manner as property imported in violation of the customs laws.  The Secretary of the Treasury shall, not later than 60 days after the date of the enactment of the Uruguay Round Agreements Act, issue regulations to carry out this subsection, including regulations by which any performer may, upon payment of a specified fee, be entitled to notification by the United States Customs Service of the importation of copies or phonorecords that appear to consist of unauthorized fixations of the sounds or sounds and images of a live musical performance.
"(d) DEFINITIONS.-As used in this section
"(1) the terms 'copy', 'fixed', 'musical work', 'phonorecord', 'reproduce', 'sound recordings', and 'transmit' mean those terms within the meaning of title 17; and
"(2) the term 'traffic in' means transport, transfer, or otherwise dispose of, to another, as consideration for anything of value, or make or obtain control of with intent to transport, transfer, or dispose of.
"(e) APPLICABILITY.This section shall apply to any Act or Acts that occur on or after the date of the enactment of the Uruguay Round Agreements Act.

(b) 適合修正―．合衆国法典第18編の第113章に対する目次を，第2319条に関連する項目の後に以下を挿入することにより改正する：

第2319A条．生の音楽実演の音声の録音物および音楽ビデオの無断の固定および流通．

第514条．権利回復著作物．

(a) 全般．―合衆国法典第17編の第104A条を，次のように読み替えるように改正する：

"§104A. Copyright in restored works
"(a) AUTOMATIC PROTECTION AND TERM.-
"(1) TERM.-
"(A) Copyright subsists, in accordance with this section, in restored works, and vests automatically on the date of restoration.
"(B) Any work in which copyright is restored under this section shall subsist for the remainder of the term of copyright that the work would have otherwise been granted in the United States if the work never entered the public domain in the United States.
"(2) EXCEPTION.-Any work in which the copyright was ever owned or administered by the Alien Property Custodian and in which the restored copyright would be owned by a government or instrumentality thereof, is not a restored work.
"(b) OWNERSHIP OF RESTORED COPYRIGHT.-A restored work vests initially in the author or initial rightholder of the work as determined by the law of the source country of the work.
"(c) FILING OF NOTICE OF INTENT TO ENFORCE RESTORED COPYRIGHT AGAINST RELIANCE PARTIES. On or after the date of restoration, any person who owns a copyright in a restored work or an exclusive right therein may file with the Copyright Office a notice of intent to enforce that persons copyright or exclusive right or may serve such a notice directly on a reliance party. Acceptance of a notice by the Copyright Office is effective as to any reliance parties but shall not create a presumption of the validity of any of the facts stated therein. Service on a reliance party is effective as to that reliance party and any other reliance parties with actual knowledge of such service and of the contents of that notice.
"(d) REMEDIES FOR INFRINGEMENT OF RESTORED COPYRIGHTS.
"(1) ENFORCEMENT OF COPYRIGHT IN RESTORED WORKS IN THE ABSENCE OF A RELIANCE PARTY.-As against any party who is not a reliance party, the remedies provided in chapter 5 of this title shall be available on or after the date of restoration of a restored copyright with respect to an act of infringement of the restored copyright that is commenced on or after the date of restoration.
"(2) ENFORCEMENT OF COPYRIGHT IN RESTORED WORKS AS AGAINST RELIANCE PARTIES.-As against a reliance party, except to the extent provided in paragraphs (3) and (4), the remedies provided in chapter 5 of this title shall be available, with respect to an act of infringement of a restored copyright, on or after the date of restoration of the restored copyright if the requirements of either of the following subparagraphs are met:
"(A)(i) The owner of the restored copyright (or such owners agent) or the owner of an exclusive right therein (or such owners agent) files with the Copyright Office, during the 24-month period beginning on the date of restoration, a notice of intent to enforce the restored copyright; and
"(ii)(I) the act of infringement commenced after the end of the 12-month period beginning on the date of publication of the notice in the Federal Register;
"(II) the act of infringement commenced before the end of the 12-month period described in subclause (I) and continued after the end of that 12-month period, in which case remedies shall be available only for infringement occurring after the end of that 12-month period; or
"(III) copies or phonorecords of a work in which copyright has been restored under this section are made after publication of the notice of intent in the Federal Register.
"(B)(i) The owner of the restored copyright (or such owners agent) or the owner of an exclusive right therein (or such owners agent) serves upon a reliance party a notice of intent to enforce a restored copyright; and (ii)(I) the act of infringement commenced after the end of the 12-month period beginning on the date the notice of intent is received;
"(II) the act of infringement commenced before the end of the 12-month period described in subclause (I) and continued after the end of that 12-month period, in which case remedies shall be available only for the infringement occurring after the end of that 12-month period; or
"(III) copies or phonorecords of a work in which copyright has been restored under this section are made after receipt of the notice of intent.
In the event that notice is provided under both subparagraphs (A) and (B), the 12-month period referred to in such subpargraphs shall run from the earlier of publication or service of notice.
"(3) EXISTING DERIVATIVE WORKS.(A) In the case of a derivative work that is based upon a restored work and is created
"(i) before the date of the enactment of the Uruguay Round Agreements Act, if the source country of the derivative work is an eligible country on such date, or
"(ii) before the date of adherence or proclamation, if the source country of the derivative work is not an eligible country on such date of enactment,
"a reliance party may continue to exploit that work for the duration of the restored copyright if the reliance party pays to the owner of the restored copyright reasonable compensation for conduct which would be subject to a remedy for infringement but for the provisions of this paragraph.
"(B) In the absence of an agreement between the parties, the amount of such compensation shall be determined by an action in United States district court, and shall reflect any harm to the actual or potential market for or value of the restored work from the reliance partys continued exploitation of the work, as well as compensation for the relative contributions of expression of the author of the restored work and the reliance party to the derivative work.

"(4) COMMENCEMENT OF INFRINGEMENT FOR RELIANCE PARTIES.For purposes of section 412, in the case of reliance parties, infringement shall be deemed to have commenced before registration when acts which would have constituted infringement had the restored work been subject to copyright were commenced before the date of restoration.
"(e) NOTICES OF INTENT TO ENFORCE A RESTORED COPYRIGHT.
"(1) NOTICES OF INTENT FILED WITH THE COPYRIGHT OFFICE.-(A)(i) A notice of intent filed with the Copyright Office to enforce a restored copyright shall be signed by the owner of the restored copyright or the owner of an exclusive right therein, who files the notice under subsection (d)(2)(A)(i) (hereafter in this paragraph referred to as the owner), or by the owners agent, shall identify the title of the restored work, and shall include an English translation of the title and any other alternative titles known to the owner by which the restored work may be identified, and an address and telephone number at which the owner may be contacted. If the notice is signed by an agent, the agency relationship must have been constituted in a writing signed by the owner before the filing of the notice. The Copyright Office may specifically require in regulations other information to be included in the notice, but failure to provide such other information shall not invalidate the notice or be a basis for refusal to list the restored work in the Federal Register.
"(ii) If a work in which copyright is restored has no formal title, it shall be described in the notice of intent in detail sufficient to identify it.
"(iii) Minor errors or omissions may be corrected by further notice at any time after the notice of intent is filed. Notices of corrections for such minor errors or omissions shall be accepted after the period established in subsection (d)(2)(A)(i).
Notices shall be published in the Federal Register pursuant to subparagraph (B).
"(B)(i) The Register of Copyrights shall publish in the Federal Register, commencing not later than 4 months after the date of restoration for a particular nation and every 4 months thereafter for a period of 2 years, lists identifying restored works and the ownership thereof if a notice of intent to enforce a restored copyright has been filed.
"(ii) Not less than 1 list containing all notices of intent to enforce shall be maintained in the Public Information Office of the Copyright Office and shall be available for public inspection and copying during regular business hours pursuant to sections 705 and 708. Such list shall also be published in the Federal Register on an annual basis for the first 2 years after the applicable date of restoration.
"(C) The Register of Copyrights is authorized to fix reasonable fees based on the costs of receipt, processing, recording, and publication of notices of intent to enforce a restored copyright and corrections thereto.
"(D)(i) Not later than 90 days before the date the Agreement on Trade-Related Aspects of Intellectual Property referred to in section 101(d)(15) of the Uruguay Round Agreements Act enters into force with respect to the United States, the Copyright Office shall issue and publish in the Federal Register regulations governing the filing under this subsection of notices of intent to enforce a restored copyright.
"(ii) Such regulations shall permit owners of restored copyrights to file simultaneously for registration of the restored copyright.
"(2) NOTICES OF INTENT SERVED ON A RELIANCE PARTY
"(A) Notices of intent to enforce a restored copyright may be served on a reliance party at any time after the date of restoration of the restored copyright.
"(B) Notices of intent to enforce a restored copyright served on a reliance party shall be signed by the owner or the owners agent, shall identify the restored work and the work in which the restored work is used, if any, in detail sufficient to identify them, and shall include an English translation of the title, any other alternative titles known to the owner by which the work may be identified, the use or uses to which the owner objects, and an address and telephone number at which the reliance party may contact the owner. If the notice is signed by an agent, the agency relationship must have been constituted in writing and signed by the owner before service of the notice.
"(3) EFFECT OF MATERIAL FALSE STATEMENTS.Any material false statement knowingly made with respect to any restored copyright identified in any notice of intent shall make void all claims and assertions made with respect to such restored copyright.
"(f) IMMUNITY FROM WARRANTY AND RELATED LIABILITY.
"(1) IN GENERAL.Any person who warrants, promises, or guarantees that a work does not violate an exclusive right granted in section 106 shall not be liable for legal, equitable, arbitral, or administrative relief if the warranty, promise, or guarantee is breached by virtue of the restoration of copyright under this section, if such warranty, promise, or guarantee is made before January 1, 1995.
"(2) PERFORMANCES.No person shall be required to perform any act if such performance is made infringing by virtue of the restoration of copyright under the provisions of this section, if the obligation to perform was undertaken before January 1, 1995.
"(g) PROCLAMATION OF COPYRIGHT RESTORATION. Whenever the President finds that a particular foreign nation extends, to works by authors who are nationals or domiciliaries of the United States, restored copyright protection on substantially the same basis as provided under this section, the President may by proclamation extend restored protection provided under this section to any work
"(1) of which one or more of the authors is, on the date of first publication, a national, domiciliary, or sovereign authority of that nation; or
"(2) which was first published in that nation. The President may revise, suspend, or revoke any such proclamation or impose any conditions or limitations on protection under such a proclamation.
"(h) DEFINITIONS.-For purposes of this section and section 109(a):
"(1) The term date of adherence or proclamation means the earlier of the date on which a foreign nation which, as of the date the WTO Agreement enters into force with respect to the United States, is not a nation adhering to the Berne Convention or a WTO member country, becomes
"(A) a nation adhering to the Berne Convention or a WTO member country; or
"(B) subject to a Presidential proclamation under subsection (g).
"(2) The date of restoration of a restored copyright is the later of
"(A) the date on which the Agreement on Trade-Related Aspects of Intellectual Property referred to in section 101(d)(15) of the Uruguay Round Agreements Act enters into force with respect to the United States, if the source country of the restored work is a nation adhering to the Berne Convention or a WTO member country on such date; or
"(B) the date of adherence or proclamation, in the case of any other source country of the restored work.
"(3) The term eligible country means a nation, other than the United States, that is a WTO member country, adheres to the Berne Convention, or is subject to a proclamation under section 104A(g).
"(4) The term reliance party means any person who
"(A) with respect to a particular work, engages in acts, before the source country of that work becomes an eligible country, which would have violated section 106 if the restored work had been subject to copyright protection, and who, after the source country becomes an eligible country, continues to engage in such acts;
"(B) before the source country of a particular work becomes an eligible country, makes or acquires 1 or more copies or phonorecords of that work; or
"(C) as the result of the sale or other disposition of a derivative work covered under subsection (d)(3), or significant assets of a person described in subparagraph (A) or (B), is a successor, assignee, or licensee of that person.
"(5) The term restored copyright means copyright in a restored work under this section.
"(6) The term restored work means an original work of authorship that
"(A) is protected under subsection (a);
"(B) is not in the public domain in its source country through expiration of term of protection;
"(C) is in the public domain in the United States due to
"(i) noncompliance with formalities imposed at any time by United States copyright law, including failure of renewal, lack of proper notice, or failure to comply with any manufacturing requirements;
"(ii) lack of subject matter protection in the case of sound recordings fixed before February 15, 1972; or
"(iii) lack of national eligibility; and
(D) has at least one author or rightholder who was, at the time the work was created, a national or domiciliary of an eligible country, and if published, was first published in an eligible country and not published in the United States during the 30-day period following publication in such eligible country.
"(7) The term rightholder means the person
"(A) who, with respect to a sound recording, first fixes a sound recording with authorization, or
"(B) who has acquired rights from the person described in subparagraph (A) by means of any conveyance or by operation of law.
"(8) The source country of a restored work is
"(A) a nation other than the United States;
"(B) in the case of an unpublished work
"(i) the eligible country in which the author or rightholder is a national or domiciliary, or, if a restored work has more than 1 author or rightholder, the majority of foreign authors or rightholders are nationals or domiciliaries of eligible countries; or
"(ii) if the majority of authors or rightholders are not foreign, the nation other than the United States which has the most significant contacts with the work; and
"(C) in the case of a published work
"(i) the eligible country in which the work is first published, or
"(ii) if the restored work is published on the same day in 2 or more eligible countries, the eligible country which has the most significant contacts with the work.
"(9) 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) 制限．合衆国法典第17編の第109条(a)を，末尾に以下を追加することにより改正する："Notwithstanding the preceding sentence, copies or phonorecords of works subject to restored copyright under section 104A that are manufactured before the date of restoration of copyright or, with respect to reliance parties, before publication or service of notice under section 104A(e), may be sold or otherwise disposed of without the authorization of the owner of the restored copyright for purposes of direct or indirect commercial advantage only during the 12-month period beginning on-
"(1) the date of the publication in the Federal Register of the notice of intent filed with the Copyright Office under section 104A(d)(2)(A), or
"(2) the date of the receipt of actual notice served under section 104A(d)(2)(B), whichever occurs first.
(c) 適合修正．合衆国法典第17編の第1章に対する目次の第104A条に関する項目を，次のように読み替えるように改正する：

第104A条．権利回復著作物に対する著作権．

第B章―商標条項

制定史 
 H.R.5110, (S.2467)
 下院報告(HOUSE REPORTS)：
 No. 103-826, Part I（歳入委員会）
 No. 103-826, Part II（エネルギー・商業委員会）
 上院報告 (SENATE REPORTS)：
 No. 103-412（財政委員会；農業委員会；政府問題委員会）
 連邦議会議事録 (CONGRESSIONAL RECORD) 1994年第140号
 11月29日下院にて審議および通過
 12月1日上院にて審議および通過

アメリカ合衆国の法令