S. 198 (101st): Computer Software Rental Amendments Act of 1989

Introduced:
Jan 25, 1989 (101st Congress, 1989–1990)
Sponsor:
Sen. Orrin Hatch [R-UT]
Status:
At President

The bill’s title was written by the bill’s sponsor. S. stands for Senate bill.

GovTrack’s Bill Summary

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Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.


10/20/1990--Senate agreed to House amendment with amendment.
Title I - Computer Software
Computer Software Rental Amendments Act of 1990 - Amends Federal copyright law to prohibit any person in possession of a computer software program from renting, leasing, or lending it for direct or indirect commercial advantage unless authorized to do so by the copyright owner.
Excludes certain home video game software from the prohibition (including a computer program embodied in a machine or product which cannot be copied during the ordinary operation of such machine or product).
Authorizes nonprofit libraries to lend computer programs if a copyright warning has been affixed to the computer program packaging.
Requires the Register of Copyrights to report to the Congress regarding the efficacy of this Act. Sets forth remedies for copyright infringement in cases of violations of this Act. Authorizes the Register of Copyrights to record and maintain records of computer shareware.
Authorizes the deposit of copies of such shareware in the Machine-Readable Collections Reading Room of the Library of Congress.
Title II - Architectural Works
Architectural Works Copyright Protection Act - Amends Federal copyright law to define and include architectural works within the scope of copyright subject matter. Excludes from such copyright any right to prevent a pictorial representation of an architectural work if the work is embodied in a structure located in a public place. Permits the owners of a structure embodying architectural work to make alterations without the author's or copyright owner's consent.
Title III - Visual Artists Rights
Visual Artists Rights Act of 1990 - Amends the copyright law to define a "work of visual art." Grants the author of a work of visual art the right to:
(1) claim authorship of such work;
(2) prevent the use of his or name as author of any work of visual art he or she did not create; and
(3) disclaim authorship of such work because of substantial distortion or modification that harms his or her reputation.
Grants such an author the right to prevent any destruction, distortion, mutilation, or other modification of that work which would harm his or her reputation or honor.
Confers such rights of attribution and integrity only during the author's lifetime.
Waives artists' rights when a work cannot be removed from a building without distortion, mutilation, or alteration.
Directs the Register of Copyrights to establish a recordation system for authors of visual art works that have been incorporated into a building.
Declares that this Act preempts equivalent rights under State law.
Includes within the scope of copyright infringement violations of the rights conferred by this Act. Declares that:
(1) criminal infringement penalties do not apply to such violations; and
(2) registration is not a prerequisite to copyright infringement actions for violations of this Act. Directs the Register of Copyrights to report to the Congress the results of:
(1) a study regarding the extent to which authorship rights have been waived; and
(2) a feasibility study regarding new requirements enabling authors of works of visual art to participate in the commercial exploitation of their work after its first sale.
Requires submission of such report within 18 months after enactment of this Act.
Title IV - Intellectual Property Rights
Intellectual Property Antitrust Protection Act of 1990 - Provides that an intellectual property right shall not be presumed to define a market or to establish market power in any action in which the right holder is alleged to have violated antitrust laws in marketing or distributing a protected project or service.
Permits the trier of fact in an antitrust action to find that an intellectual property right defines a market or establishes market power by a preponderance of the evidence that a product, process, or service substantially equivalent to or substitutable for the product, process, or service protected by that right is not available to purchasers or licensees.
Title V - Patent Remedy Clarification
Patent Remedy Clarification Act - Amends Federal patent law to declare that neither the States, their officers, nor their instrumentalities are immune from patent infringement liability. Provides the same remedies for patent infringement against State entities as are available against any private entity.
Title VI - Sports Lottery
Sports Lottery Act of 1990 - Amends the Federal criminal code to prohibit the States from sponsoring lotteries based upon the outcome of sporting events. Exempts from such prohibition any such State-run lotteries in operation prior to October 19, 1990.
Title VII - Free Speech Protection
Amends the Racketeer Influenced and Corrupt Organizations Statute (RICO) to exclude from the definition of racketeering activity, the participation in, or organization or support of, any nonviolent demonstration, assembly, protest, rally, or similar form of public speech.

House Republican Conference Summary

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