provisions from the Digital
Millennium Copyright Act, Pub. L. No. 105-304, 112 Stat. 2860, that do
not amend title 17 of the *United States Code.*

2 The Satellite Home Viewer Improvement Act of 1999 amended section
504(a) in its entirety. Pub. L. No. 106-113, 113 Stat. 1501, app. I at
1501A-593.

3 The Intellectual Property and Communications Omnibus Reform Act of
1999 amended section 505 by deleting everything at the end of the
sentence, after "Act." Pub. L. No. 106-113, 113 Stat. 1501, app. I at
1501A-593.

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Appendix VI. Definition of "Berne Convention Work"

The WIPO Copyright and Performances and Phonograms Treaties
Implementation Act of 1998 deleted the definition of "Berne Convention
work" from section 101. [1] Pub. L. No. 105-304, 112 Stat. 2861. The
definition of Berne Convention work, as deleted, is as follows:

A work is a "Berne Convention work" if-

(1) in the case of an unpublished work, one or more of the authors is a
national of a nation adhering to the Berne Convention, or in the case of
a published work, one or more of the authors is a national of a nation
adhering to the Berne Convention on the date of first publication;

(2) the work was first published in a nation adhering to the Berne
Convention, or was simultaneously first published in a nation adhering
to the Berne convention and in a foreign nation that does not adhere to
the Berne Convention;

(3) in the case of an audiovisual work-

(A) if one or more of the authors is a legal entity, that author has its
headquarters in a nation adhering to the Berne Convention; or

(B) if one or more of the authors is an individual, that author is
domiciled, or has his or her habitual residence in, a nation adhering to
the Berne Convention; or

(4) in the case of a pictorial, graphic, or sculptural work that is
incorporated in a building or other structure, the building or structure
is located in a nation adhering to the Berne Convention; or

(5) in the case of an architectural work embodied in a building, such
building is erected in a country adhering to the Berne Convention.

For purposes of paragraph (1), an author who is domiciled in or has his
or her habitual residence in, a nation adhering to the Berne Convention
is considered to be a national of that nation. For purposes of paragraph
(2), a work is considered to have been simultaneously published in two
or more