États-Unis d'Amérique
Droit d'auteur et droits connexes
3. Please explain whether and how Colorado State Bill MB 1242 of 1995, Illinois State Bill 813 of 1995, Missouri State Bill 729 of 1995, Oklahoma State Bill 1254 of 1995, Texas State Bill 526 of 1995, and Virginia State Bill 499 of 1995, all dealing with conditions placed on persons seeking to enforce rights in performing rights, comply with Article 9.1 of TRIPS incorporating Article 11 of the Berne Convention.
In the United States, copyright in fixed works of authorship is governed exclusively by federal law. Accordingly, the scope of protection for all works of authorship, including musical works and sound recordings, is established by the 1976 Copyright Act. The Act explicitly preempts and renders void any state law that provides equivalent rights in copyrightable subject matter, 17 U.S.C. § 301. In addition, any state law that conflicts with federal law is preempted by virtue of the Supremacy Clause of the Constitution, U.S. Const., art. VI, cl.2. Hines v. Davidowitz, 312 U.S. 52, 67 (1941). The state laws referred to in this question relate to the conduct of the business of collective performing rights societies. To the extent that any of them also affects the scope of copyright protection, or hinders the operation of federal copyright law, it is preempted. See ASCAP v. Pataki, 38 U.S.P.Q.2d 1485 (S.D.N.Y. 1996) (holding that similar New York State legislation was preempted).