Highlights of Copyright Amendments Contained in the URAA
What Is the URAA?
On December 8, 1994, President Clinton signed the Uruguay Round Agreements Act (URAA). The URAA implements the Uruguay Round General Agreement on Tariffs and Trade (GATT), which includes an agreement on the Trade-Related Aspects of Intellectual Property (TRIPS). Several provisions of the URAA amend the U.S. copyright law at 17 USC 104A, 109 (b). The URAA also adds a new Chapter 11 to title 17 and a new section 2319A to title 18.1
United States Law Amended
The URAA amends United States law in several ways.
- It amends the computer program rental provision found in section 109 (b) of the Copyright Act by eliminating the expiration or "sunset date," so that copyright owners of computer programs will continue to enjoy an exclusive rental right.
- It amends both the Copyright Act and title 18 of the U.S. Code to create civil and criminal remedies for "bootlegging" sound recordings of live musical performance and music videos. These new remedies are in addition to any remedies that exist under the laws of the various states.
- Finally, it amends section 104A of the Copyright Act to provide for the automatic restoration of copyright in certain foreign works that are in the public domain2 in the United States but are protected by copyright or neighboring rights in the source country. The effective date for restoration of copyright for works from countries that are currently eligible is January 1, 1996. This circular explains this amendment to the law in considerable detail.
The URAA also gives the Copyright Office several responsibilities related to restoration and registration of those works.3
Restoration of Copyrights of Eligible Works
Ownership of Restored Copyright
A restored copyright vests initially in the author or initial rightholder, as determined by the law of the restored work’s source country or by the owner of an exclusive right in the United States.
