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+The Project Gutenberg EBook of Copyright Law of the United States of
+America and Related Laws Contained in Title 17 of the United States Code, Circular 92, by Library of Congress.  Copyright Office. and United States
+
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever.  You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org
+
+
+Title: Copyright Law of the United States of America and Related Laws Contained in Title 17 of the United States Code, Circular 92
+
+Author: Library of Congress.  Copyright Office.
+        United States
+
+Posting Date: August 8, 2009 [EBook #4291]
+Release Date: July, 2003
+First Posted: December 30, 2001
+
+Language: English
+
+Character set encoding: ASCII
+
+*** START OF THIS PROJECT GUTENBERG EBOOK COPYRIGHT LAW OF THE U.S. ***
+
+
+
+
+Produced by George Davis
+
+
+
+
+
+
+
+
+
+Copyright Law of the United States of America
+
+and
+
+Related Laws Contained in Title 17 of the *United States Code*
+
+Circular 92
+
+------------------------------------------------------------------------
+Contents
+
+  + The Constitutional Provision Respecting Copyright
+  + Preface
+  + Chapter 1 - Subject Matter and Scope of Copyright
+  + Chapter 2 - Copyright Ownership and Transfer
+  + Chapter 3 - Duration of Copyright
+  + Chapter 4 - Copyright Notice, Deposit, and Registration
+  + Chapter 5 - Copyright Infringement and Remedies
+  + Chapter 6 - Manufacturing Requirements and Importation
+  + Chapter 7 - Copyright Office
+  + Chapter 8 - Copyright Arbitration Royalty Panels
+  + Chapter 9 - Protection of Semiconductor Chip Products
+  + Chapter 10 - Digital Audio Recording Devices and Media
+  + Chapter 11 - Sound Recordings and Music Videos
+  + Chapter 12 - Copyright Protection and Management Systems
+  + Chapter 13 - Protection of Original Designs
+  + Appendix I. Transitional and Supplementary Provisions of the
+                Copyright Act of 1976
+  + Appendix II. Berne Convention Implementation Act of 1988
+  + Appendix III. Uruguay Round Agreements Act
+  + Appendix IV. GATT/Trade-Related Aspects of Intellectual Property
+                 Rights (TRIPs) Agreement, Part II, Section 6:
+                 Layout-Designs (Topographies) of Integrated Circuits
+  + Appendix V. Additional Provisions of the Digital Millennium
+                Copyright Act
+  + Appendix VI. Definition of "Berne Convention Work"
+  + Appendix VII. Selected Provisions of the U.S. Code Relating to
+                  Copyright
+
+------------------------------------------------------------------------
+
+The Constitutional Provision Respecting Copyright
+
+The Congress shall have Power ... To promote the Progress of Science and
+useful Arts, by securing for limited Times to Authors and Inventors the
+exclusive Right to their respective Writings and Discoveries
+
+(United States Constitution, Article I, Section 8)
+
+------------------------------------------------------------------------
+
+Preface
+
+This volume contains the text of title 17 of the *United States Code*,
+including all amendments enacted through the end of the second session
+of the 106th Congress in 2000. It includes the Copyright Act of 1976 and
+all subsequent amendments to copyright law; the Semiconductor Chip
+Protection Act of 1984, as amended; and the Vessel Hull Design
+Protection Act, as amended. The Copyright Office is responsible for
+registering claims under all three.
+
+The United States copyright law is contained in chapters 1 through 8 and
+10 through 12 of title 17 of the *United States Code.* The Copyright Act
+of 1976, which provides the basic framework for the current copyright
+law, was enacted on October 19, 1976 as Pub. L. No. 94-553, 90 Stat.
+2541. Listed below in chronological order of their enactment are
+subsequent amendments to copyright law.
+
+Chapters 9 and 13 of title 17 contain statutory design protection that
+is independent of copyright protection. Chapter 9 of title 17 is the
+Semiconductor Chip Protection Act of 1984 (SCPA), as amended. On
+November 8, 1984, the SCPA was enacted as title III of Pub. L. No.
+98-620, 98 Stat. 3335, 3347. Chapter 13 of title 17 is the Vessel Hull
+Design Protection Act (VHDPA). It was enacted on October 28, 1998 as
+title V of the Digital Millennium Copyright Act (DMCA), Pub. L. No.
+105-304, 112 Stat. 2860, 2905. Subsequent amendments to the SCPA and the
+VHDPA are also included in the list below, in chronological order of
+their enactment.
+
+For transitional and supplementary copyright provisions that were
+enacted as part of the Copyright Act of 1976 and the DMCA, but which do
+not amend title 17, see the Appendix.
+
+Statutory Enactments Contained in Title 17 of the *United States Code*
+
+  + [Copyright Act of 1976], Pub. L. No. 94-553, 90 Stat. 2541 (for the
+general revision of copyright law, title 17 of the *United States Code*,
+and for other purposes), October 19, 1976.
+
+  + Legislative Branch Appropriation Act, 1978, Pub. L. No. 95-94, 91
+Stat. 653, 682 (amending Sec. 203 and 708, title 17, *United States Code*,
+regarding the deposit of moneys by the Register of Copyrights in the
+Treasury of the United States), enacted August 5, 1977.
+
+  + [Copyright Amendments], Pub. L. No. 95-598, 92 Stat. 2549, 2676
+(amending Sec. 201(e), title 17, *United States Code*, to permit
+involuntary transfer under the Bankruptcy Law), enacted November 6, 1978.
+
+  + [Copyright Amendments], Pub. L. No. 96-517, 94 Stat. 3015, 3028
+(amending Sec. 101 and 117, title 17, *United States Code*, regarding
+computer programs), enacted December 12, 1980.
+
+  + Piracy and Counterfeiting Amendments Act of 1982, Pub. L. No.
+97-180, 96 Stat. 91, 93 (amending Sec. 506(a), title 17, *United States
+Code* and title 18 of the *United States Code*), enacted May 24, 1982.
+
+  + [Copyright Amendments], Pub. L. No. 97-215, 96 Stat. 178 (amending
+the manufacturing clause in chapter 6, title 17, *United States Code*),
+enacted July 13, 1982.
+
+  + [Copyright Amendments], Pub. L. No. 97-366, 96 Stat. 1759 (amending
+Sec. 110 and Sec. 708, title 17, *United States Code*, regarding the
+redesignation of registration fees as filing fees, and the exemption
+from copyright liability of certain performances of nondramatic literary
+or musical works), enacted October 25, 1982.
+
+  + Record Rental Amendment of 1984, Pub. L. No. 98-450, 98 Stat. 1727
+(amending Sec. 109 and Sec. 115, title 17, *United States Code*, with
+respect to rental, lease or lending of sound recordings), enacted
+October 4, 1984.
+
+  + Semiconductor Chip Protection Act of 1984, title III of Pub. L. No.
+98-620, 98 Stat. 3335, 3347 (adding chapter 9, title 17, *United States
+Code*, to provide design protection for semiconductor chips), November
+8, 1984.
+
+  + [Copyright Amendments], Pub. L. No. 99-397, 100 Stat. 848 (amending
+Sec. 111 and Sec. 801, title 17, *United States Code*, to clarify the
+definition of the local service area of a primary transmitter in the
+case of a low power television station), enacted on August 27, 1986.
+
+  + [Amendments to the Semiconductor Chip Protection Act of 1984], Pub.
+L. No. 100-159, 101 Stat. 899 (amending chapter 9, title 17, *United
+States Code*, regarding protection extended to semiconductor chip
+products of foreign entities), enacted November 9, 1987.
+
+  + Berne Convention Implementation Act of 1988, Pub. L. No. 100-568,
+102 Stat. 2853, enacted October 31, 1988. (See the Appendix for certain
+provisions of this Act that do not amend title 17 of the *United States
+Code.*)
+
+  + [Copyright Amendments], Pub. L. No. 100-617, 102 Stat. 3194
+(extending for an additional eight-year period certain provisions of
+title 17, *United States Code*, relating to the rental of sound
+recordings and for other purposes), enacted November 5, 1988.
+
+  + Satellite Home Viewer Act of 1988, title II of Pub. L. No. 100-667,
+102 Stat. 3935, 3949, enacted November 16, 1988.
+
+  + Judicial Improvements and Access to Justice Act, Pub. L. No.
+100-702, 102 Stat. 4642, 4672 (amending Sec. 912, title 17, *United States
+Code*), enacted November 19, 1988.
+
+  + Copyright Fees and Technical Amendments Act of 1989, Pub. L. No.
+101-318, 104 Stat. 287, enacted on July 3, 1990.
+
+  + Copyright Royalty Tribunal Reform and Miscellaneous Pay Act of 1989,
+Pub. L. No. 101-319, 104 Stat. 290, enacted July 3, 1990.
+
+  + Copyright Remedy Clarification Act, Pub. L. No. 101-553, 104 Stat.
+2749, enacted November 15, 1990.
+
+  + Visual Artists Rights Act of 1990, title VI of the Judicial
+Improvements Act of 1990, Pub. L. No. 101-650, 104 Stat. 5089, 5128,
+enacted December 1, 1990.
+
+  + Architectural Works Copyright Protection Act, title VII of the
+Judicial Improvements Act of 1990, Pub. L. No. 101-650, 104 Stat. 5089,
+5133, enacted December 1, 1990.
+
+  + Computer Software Rental Amendments Act of 1990, title VIII of the
+Judicial Improvements Act of 1990, Pub. L. No. 101-650, 104 Stat 5089,
+5134, enacted December 1, 1990.
+
+  + Semiconductor International Protection Extension Act of 1991, Pub.
+L. No. 102-64, 105 Stat. 320 (amending chapter 9, title 17, *United
+States Code*, regarding protection extended to semiconductor chip
+products of foreign entities), enacted June 28, 1991.
+
+  + Copyright Amendments Act of 1992, Pub. L. No. 102-307, 106 Stat.
+264, 272 (amending title 17 of the *United States Code*, by deleting
+subsection 108(i) in its entirety), enacted June 26, 1992.
+
+  + Copyright Renewal Act of 1992, title I of the Copyright Amendments
+Act of 1992, Pub. L. No. 102-307, 106 Stat. 264, enacted June 26, 1992.
+
+  + [Copyright Amendments], Pub. L. No. 102-492, 106 Stat. 3145
+(amending Sec. 107, title 17, *United States Code*, regarding unpublished
+works), enacted October 24, 1992.
+
+  + [Copyright Amendments], Pub. L. No. 102-561, 106 Stat. 4233
+(amending Sec. 2319, title 18, *United States Code*, regarding criminal
+penalties for copyright infringement), enacted October 28, 1992.
+
+  + Audio Home Recording Act of 1992, Pub. L. No. 102-563, 106 Stat.
+4237 (amending title 17 of the *United States Code* by adding a new
+chapter 10), enacted October 28, 1992.
+
+  + North American Free Trade Agreement Implementation Act, Pub. L. No.
+103-182, 107 Stat. 2057, 2114 and 2115 (amending Sec. 109, title 17,
+*United States Code*, and adding a new Sec. 104A), enacted December 8,
+1993.
+
+  + Copyright Royalty Tribunal Reform Act of 1993, Pub. L. No. 103-198,
+107 Stat. 2304 (amending, *inter alia*, chapter 8, title 17, *United
+States Code*), enacted December 17, 1993.
+
+  + Satellite Home Viewer Act of 1994, Pub. L. No. 103-369, 108 Stat.
+3477 (amending, *inter alia*, Sec. 111 and Sec. 119, title 17, *United
+States Code*, relating to the definition of a local service area of a
+primary transmitter), enacted October 18, 1994.
+
+  + Uruguay Round Agreements Act, Pub. L. No. 103-465, 108 Stat. 4809,
+4973 (amending, *inter alia*, Sec. 104A, title 17, *United States Code*,
+and adding a new chapter 11), enacted December 8, 1994. (See the
+Appendix for the text of certain provisions of this Act that do not
+amend title 17 of the *United States Code.*)
+
+  + Digital Performance Right in Sound Recordings Act of 1995, Pub. L.
+No. 104-39, 109 Stat. 336 (amending, *inter alia*, Sec. 114 and Sec. 115,
+title 17, *United States Code*), enacted November 1, 1995.
+
+  + Anticounterfeiting Consumer Protection Act of 1996, Pub. L. No.
+104-153, 110 Stat. 1386, 1388 (amending Sec. 603(c), title 17, *United
+States Code* and Sec. 2318, title 18, *United States Code*), enacted
+July 2, 1996.
+
+  + Legislative Branch Appropriations Act, 1997, Pub. L. No. 104-197,
+110 Stat. 2394, 2416 (amending*, inter alia*, title 17 of the *United
+States Code*, by adding a new Sec. 121 concerning the limitation on
+exclusive copyrights for literary works in specialized format for the
+blind and disabled), enacted September 16, 1996.
+
+  + [Copyright Amendments and Amendments to the Semiconductor Chip
+Protection Act of 1984], Pub. L. No. 105-80, 111 Stat. 1529 (making
+technical amendments to certain provisions of title 17, *United States
+Code*), enacted November 13, 1997.
+
+  + No Electronic Theft (NET) Act, Pub. L. No. 105-147, 111 Stat. 2678,
+enacted December 16, 1997.
+
+  + Sonny Bono Copyright Term Extension Act, title I of Pub. L. No.
+105-298, 112 Stat. 2827 (amending chapter 3, title 17, *United States
+Code*, to extend the term of copyright protection for most works to life
+plus 70 years), enacted October 27, 1998.
+
+  + Fairness in Music Licensing Act of 1998, title II of Pub. L. No.
+105-298, 112 Stat. 2827, 2830 (amending, *inter alia*, Sec. 110, title 17,
+*United States Code*, and adding Sec. 513 to provide a music licensing
+exemption for food service and drinking establishments), enacted October
+27, 1998.
+
+  + Digital Millennium Copyright Act, Pub. L. No. 105-304, 112 Stat.
+2860, 2887 (title IV amending Sec. 108, 112, 114, chapter 7 and chapter
+8, title 17, *United States Code*), enacted October 28, 1998. (This Act
+also contains four separate acts within titles I, II, III and V that
+amended title 17 of the *United States Code.* These four acts are each
+separately listed below. See the Appendix for additional provisions of
+this Act that do not amend title 17 of the *United States Code.*)
+
+  + WIPO Copyright and Performances and Phonograms Treaties
+Implementation Act of 1998, title I of the Digital Millennium Copyright
+Act, Pub. L. No. 105-304, 112 Stat. 2860, 2861 (amending title 17 of the
+*United States Code*, *inter alia*, to add a new chapter 12 which
+prohibits circumvention of copyright protection systems and provides
+protection for copyright management information), enacted October 28,
+1998.
+
+  + Online Copyright Infringement Liability Limitation Act, title II of
+the Digital Millennium Copyright Act, Pub. L. No. 105-304, 112 Stat.
+2860, 2877 (amending title 17 of the *United States Code*, to add a new
+Sec. 512), enacted October 28, 1998.
+
+  + Computer Maintenance Competition Assurance Act, title III of the
+Digital Millennium Copyright Act, Pub. L. No. 105-304, 112 Stat. 2860,
+2886 (amending Sec. 117, title 17, *United States Code*), enacted October
+28, 1998.
+
+  + Vessel Hull Design Protection Act, title V of the Digital Millennium
+Copyright Act, Pub. L. No. 105-304, 112 Stat. 2860, 2905 (adding chapter
+13, title 17, *United States Code*, to provide design protection for
+vessel hulls), enacted October 28, 1998.
+
+  + [Copyright Amendments and Amendments to the Vessel Hull Design
+Protection Act], Pub. L. No. 106-44, 113 Stat. 221 (making technical
+corrections to title 17 of the *United States Code*), enacted August 5,
+1999.
+
+  + Satellite Home Viewer Improvement Act of 1999, title I of the
+Intellectual Property and Communications Omnibus Reform Act of 1999,
+Pub. L. No. 106-113, 113 Stat. 1501, app. I (amending chapters 1 and 5
+of title 17 of the *United States Code* to replace the Satellite Home
+Viewer Act of 1994 and amending chapters 12 and 13 of title 17), enacted
+November 29, 1999.
+
+  + Digital Theft Deterrence and Copyright Damages Improvement Act of
+1999, Pub. L. No. 106-160, 113 Stat 1774, (amending chapter 5 of title
+17 of the *United States Code* to increase statutory damages for
+copyright infringement), enacted December 9, 1999.
+
+  + Work Made for Hire and Copyright Corrections Act of 2000, Pub. L.
+No. 106-379, 114 Stat. 1444 (amending the definition of work made for
+hire in title 17 of the *United States Code*, amending chapter 7 of
+title 17, including changing the language regarding Copyright Office
+fees, and making other technical and conforming amendments to title 17),
+enacted October 27, 2000.
+
+------------------------------------------------------------------------
+
+Chapter 1
+
+Subject Matter and Scope of Copyright
+
+  + 101. Definitions
+  + 102. Subject matter of copyright: In general
+  + 103. Subject matter of copyright: Compilations and derivative works
+  + 104. Subject matter of copyright: National origin
+  + 104A. Copyright in restored works
+  + 105. Subject matter of copyright: United States Government works
+  + 106. Exclusive rights in copyrighted works
+  + 106A. Rights of certain authors to attribution and integrity
+  + 107. Limitations on exclusive rights: Fair use
+  + 108. Limitations on exclusive rights: Reproduction by libraries and
+         archives
+  + 109. Limitations on exclusive rights: Effect of transfer of
+         particular copy or phonorecord
+  + 110. Limitations on exclusive rights: Exemption of certain
+         performances and displays
+  + 111. Limitations on exclusive rights: Secondary transmissions
+  + 112. Limitations on exclusive rights: Ephemeral recordings
+  + 113. Scope of exclusive rights in pictorial, graphic, and sculptural
+         works
+  + 114. Scope of exclusive rights in sound recordings
+  + 115. Scope of exclusive rights in nondramatic musical works:
+         Compulsory license for making and distributing phonorecords
+  + 116. Negotiated licenses for public performances by means of coin-
+         operated phonorecord players
+  + 117. Limitations on exclusive rights: Computer programs [1]
+  + 118. Scope of exclusive rights: Use of certain works in connection
+         with noncommercial broadcasting
+  + 119. Limitations on exclusive rights: Secondary transmissions of
+         superstations and network stations for private home viewing
+  + 120. Scope of exclusive rights in architectural works
+  + 121. Limitations on exclusive rights: reproduction for blind or
+         other people with disabilities
+  + 122. Limitations on exclusive rights; secondary transmissions by
+         satellite carriers within local market
+
+
+Section 101. Definitions [2]
+
+Except as otherwise provided in this title, as used in this title, the
+following terms and their variant forms mean the following:
+
+An "anonymous work" is a work on the copies or phonorecords of which no
+natural person is identified as author.
+
+An "architectural work" is the design of a building as embodied in any
+tangible medium of expression, including a building, architectural
+plans, or drawings. The work includes the overall form as well as the
+arrangement and composition of spaces and elements in the design, but
+does not include individual standard features. [3]
+
+"Audiovisual works" are works that consist of a series of related images
+which are intrinsically intended to be shown by the use of machines or
+devices such as projectors, viewers, or electronic equipment, together
+with accompanying sounds, if any, regardless of the nature of the
+material objects, such as films or tapes, in which the works are
+embodied.
+
+The "Berne Convention" is the Convention for the Protection of Literary
+and Artistic Works, signed at Berne, Switzerland, on September 9, 1886,
+and all acts, protocols, and revisions thereto. [4]
+
+The "best edition" of a work is the edition, published in the United
+States at any time before the date of deposit, that the Library of
+Congress determines to be most suitable for its purposes.
+
+A person's "children" are that person's immediate offspring, whether
+legitimate or not, and any children legally adopted by that person.
+
+A "collective work" is a work, such as a periodical issue, anthology, or
+encyclopedia, in which a number of contributions, constituting separate
+and independent works in themselves, are assembled into a collective
+whole.
+
+A "compilation" is a work formed by the collection and assembling of
+preexisting materials or of data that are selected, coordinated, or
+arranged in such a way that the resulting work as a whole constitutes an
+original work of authorship. The term "compilation" includes collective
+works.
+
+"Copies" are material objects, other than phonorecords, in which a work
+is fixed by any method now known or later developed, and from which the
+work can be perceived, reproduced, or otherwise communicated, either
+directly or with the aid of a machine or device. The term "copies"
+includes the material object, other than a phonorecord, in which the
+work is first fixed.
+
+"Copyright owner", with respect to any one of the exclusive rights
+comprised in a copyright, refers to the owner of that particular right.
+
+A work is "created" when it is fixed in a copy or phonorecord for the
+first time; where a work is prepared over a period of time, the portion
+of it that has been fixed at any particular time constitutes the work as
+of that time, and where the work has been prepared in different
+versions, each version constitutes a separate work.
+
+A "derivative work" is a work based upon one or more preexisting works,
+such as a translation, musical arrangement, dramatization,
+fictionalization, motion picture version, sound recording, art
+reproduction, abridgment, condensation, or any other form in which a
+work may be recast, transformed, or adapted. A work consisting of
+editorial revisions, annotations, elaborations, or other modifications,
+which, as a whole, represent an original work of authorship, is a
+"derivative work".
+
+A "device", "machine", or "process" is one now known or later developed.
+
+A "digital transmission" is a transmission in whole or in part in a
+digital or other non-analog format. [5]
+
+To "display" a work means to show a copy of it, either directly or by
+means of a film, slide, television image, or any other device or process
+or, in the case of a motion picture or other audiovisual work, to show
+individual images nonsequentially.
+
+An "establishment" is a store, shop, or any similar place of business
+open to the general public for the primary purpose of selling goods or
+services in which the majority of the gross square feet of space that is
+nonresidential is used for that purpose, and in which nondramatic
+musical works are performed publicly. [6]
+
+A "food service or drinking establishment" is a restaurant, inn, bar,
+tavern, or any other similar place of business in which the public or
+patrons assemble for the primary purpose of being served food or drink,
+in which the majority of the gross square feet of space that is
+nonresidential is used for that purpose, and in which nondramatic
+musical works are performed publicly. [7]
+
+The term "financial gain" includes receipt, or expectation of receipt,
+of anything of value, including the receipt of other copyrighted works.
+[8]
+
+A work is "fixed" in a tangible medium of expression when its embodiment
+in a copy or phonorecord, by or under the authority of the author, is
+sufficiently permanent or stable to permit it to be perceived,
+reproduced, or otherwise communicated for a period of more than
+transitory duration. A work consisting of sounds, images, or both, that
+are being transmitted, is "fixed" for purposes of this title if a
+fixation of the work is being made simultaneously with its transmission.
+
+The "Geneva Phonograms Convention" is the Convention for the Protection
+of Producers of Phonograms Against Unauthorized Duplication of Their
+Phonograms, concluded at Geneva, Switzerland, on October 29, 1971. [9]
+
+The "gross square feet of space" of an establishment means the entire
+interior space of that establishment, and any adjoining outdoor space
+used to serve patrons, whether on a seasonal basis or otherwise. [10]
+
+The terms "including" and "such as" are illustrative and not limitative.
+
+An "international agreement" is-
+
+(1) the Universal Copyright Convention;
+(2) the Geneva Phonograms Convention;
+(3) the Berne Convention;
+(4) the WTO Agreement;
+(5) the WIPO Copyright Treaty; [11]
+(6) the WIPO Performances and Phonograms Treaty; [12] and
+(7) any other copyright treaty to which the United States is a party. [13]
+
+A "joint work" is a work prepared by two or more authors with the
+intention that their contributions be merged into inseparable or
+interdependent parts of a unitary whole.
+
+"Literary works" are works, other than audiovisual works, expressed in
+words, numbers, or other verbal or numerical symbols or indicia,
+regardless of the nature of the material objects, such as books,
+periodicals, manuscripts, phonorecords, film, tapes, disks, or cards, in
+which they are embodied.
+
+"Motion pictures" are audiovisual works consisting of a series of
+related images which, when shown in succession, impart an impression of
+motion, together with accompanying sounds, if any.
+
+To "perform" a work means to recite, render, play, dance, or act it,
+either directly or by means of any device or process or, in the case of
+a motion picture or other audiovisual work, to show its images in any
+sequence or to make the sounds accompanying it audible.
+
+A "performing rights society" is an association, corporation, or other
+entity that licenses the public performance of nondramatic musical works
+on behalf of copyright owners of such works, such as the American
+Society of Composers, Authors and Publishers (ASCAP), Broadcast Music,
+Inc. (BMI), and SESAC, Inc. [14]
+
+"Phonorecords" are material objects in which sounds, other than those
+accompanying a motion picture or other audiovisual work, are fixed by
+any method now known or later developed, and from which the sounds can
+be perceived, reproduced, or otherwise communicated, either directly or
+with the aid of a machine or device. The term "phonorecords" includes
+the material object in which the sounds are first fixed.
+
+"Pictorial, graphic, and sculptural works" include two-dimensional and
+three-dimensional works of fine, graphic, and applied art, photographs,
+prints and art reproductions, maps, globes, charts, diagrams, models,
+and technical drawings, including architectural plans. Such works shall
+include works of artistic craftsmanship insofar as their form but not
+their mechanical or utilitarian aspects are concerned; the design of a
+useful article, as defined in this section, shall be considered a
+pictorial, graphic, or sculptural work only if, and only to the extent
+that, such design incorporates pictorial, graphic, or sculptural
+features that can be identified separately from, and are capable of
+existing independently of, the utilitarian aspects of the article. [15]
+
+For purposes of section 513, a "proprietor" is an individual,
+corporation, partnership, or other entity, as the case may be, that owns
+an establishment or a food service or drinking establishment, except
+that no owner or operator of a radio or television station licensed by
+the Federal Communications Commission, cable system or satellite
+carrier, cable or satellite carrier service or programmer, provider of
+online services or network access or the operator of facilities
+therefor, telecommunications company, or any other such audio or
+audiovisual service or programmer now known or as may be developed in
+the future, commercial subscription music service, or owner or operator
+of any other transmission service, shall under any circumstances be
+deemed to be a proprietor. [16]
+
+A "pseudonymous work" is a work on the copies or phonorecords of which
+the author is identified under a fictitious name.
+
+"Publication" is the distribution of copies or phonorecords of a work to
+the public by sale or other transfer of ownership, or by rental, lease,
+or lending. The offering to distribute copies or phonorecords to a group
+of persons for purposes of further distribution, public performance, or
+public display, constitutes publication. A public performance or display
+of a work does not of itself constitute publication.
+
+To perform or display a work "publicly" means-
+
+(1) to perform or display it at a place open to the public or at any
+place where a substantial number of persons outside of a normal circle
+of a family and its social acquaintances is gathered; or
+
+(2) to transmit or otherwise communicate a performance or display of the
+work to a place specified by clause (1) or to the public, by means of
+any device or process, whether the members of the public capable of
+receiving the performance or display receive it in the same place or in
+separate places and at the same time or at different times.
+
+"Registration", for purposes of sections 205(c)(2), 405, 406, 410(d),
+411, 412, and 506(e), means a registration of a claim in the original or
+the renewed and extended term of copyright. [17]
+
+"Sound recordings" are works that result from the fixation of a series
+of musical, spoken, or other sounds, but not including the sounds
+accompanying a motion picture or other audiovisual work, regardless of
+the nature of the material objects, such as disks, tapes, or other
+phonorecords, in which they are embodied.
+
+"State" includes the District of Columbia and the Commonwealth of Puerto
+Rico, and any territories to which this title is made applicable by an
+Act of Congress.
+
+A "transfer of copyright ownership" is an assignment, mortgage,
+exclusive license, or any other conveyance, alienation, or hypothecation
+of a copyright or of any of the exclusive rights comprised in a
+copyright, whether or not it is limited in time or place of effect, but
+not including a nonexclusive license.
+
+A "transmission program" is a body of material that, as an aggregate,
+has been produced for the sole purpose of transmission to the public in
+sequence and as a unit.
+
+To "transmit" a performance or display is to communicate it by any
+device or process whereby images or sounds are received beyond the place
+from which they are sent.
+
+A "treaty party" is a country or intergovernmental organization other
+than the United States that is a party to an international agreement. [18]
+
+The "United States", when used in a geographical sense, comprises the
+several States, the District of Columbia and the Commonwealth of Puerto
+Rico, and the organized territories under the jurisdiction of the United
+States Government.
+
+For purposes of section 411, a work is a "United States work" only if:
+
+(1) in the case of a published work, the work is first published-
+
+(A) in the United States;
+
+(B) simultaneously in the United States and another treaty party or
+parties, whose law grants a term of copyright protection that is the
+same as or longer than the term provided in the United States;
+
+(C) simultaneously in the United States and a foreign nation that is not
+a treaty party; or
+
+(D) in a foreign nation that is not a treaty party, and all of the
+authors of the work are nationals, domiciliaries, or habitual residents
+of, or in the case of an audiovisual work legal entities with
+headquarters in, the United States;
+
+(2) in the case of an unpublished work, all the authors of the work are
+nationals, domiciliaries, or habitual residents of the United States,
+or, in the case of an unpublished audiovisual work, all the authors are
+legal entities with headquarters in the United States; or
+
+(3) in the case of a pictorial, graphic, or sculptural work incorporated
+in a building or structure, the building or structure is located in the
+United States. [19]
+
+A "useful article" is an article having an intrinsic utilitarian
+function that is not merely to portray the appearance of the article or
+to convey information. An article that is normally a part of a useful
+article is considered a "useful article".
+
+The author's "widow" or "widower" is the author's surviving spouse under
+the law of the author's domicile at the time of his or her death,
+whether or not the spouse has later remarried.
+
+The "WIPO Copyright Treaty" is the WIPO Copyright Treaty concluded at
+Geneva, Switzerland, on December 20, 1996. [20]
+
+The "WIPO Performances and Phonograms Treaty" is the WIPO Performances
+and Phonograms Treaty concluded at Geneva, Switzerland, on December 20,
+1996. [21]
+
+A "work of visual art" is-
+
+(1) a painting, drawing, print or sculpture, existing in a single copy,
+in a limited edition of 200 copies or fewer that are signed and
+consecutively numbered by the author, or, in the case of a sculpture, in
+multiple cast, carved, or fabricated sculptures of 200 or fewer that are
+consecutively numbered by the author and bear the signature or other
+identifying mark of the author; or
+
+(2) a still photographic image produced for exhibition purposes only,
+existing in a single copy that is signed by the author, or in a limited
+edition of 200 copies or fewer that are signed and consecutively
+numbered by the author.
+
+A work of visual art does not include-
+
+(A)(i) any poster, map, globe, chart, technical drawing, diagram, model,
+applied art, motion picture or other audiovisual work, book, magazine,
+newspaper, periodical, data base, electronic information service,
+electronic publication, or similar publication;
+
+(ii) any merchandising item or advertising, promotional, descriptive,
+covering, or packaging material or container;
+
+(iii) any portion or part of any item described in clause (i) or (ii);
+
+(B) any work made for hire; or
+
+(C) any work not subject to copyright protection under this title. [22]
+
+A "work of the United States Government" is a work prepared by an
+officer or employee of the United States Government as part of that
+person's official duties.
+
+A "work made for hire" is-
+
+(1) a work prepared by an employee within the scope of his or her
+employment; or
+
+(2) a work specially ordered or commissioned for use as a contribution
+to a collective work, as a part of a motion picture or other audiovisual
+work, as a translation, as a supplementary work, as a compilation, as an
+instructional text, as a test, as answer material for a test, or as an
+atlas, if the parties expressly agree in a written instrument signed by
+them that the work shall be considered a work made for hire. For the
+purpose of the foregoing sentence, a "supplementary work" is a work
+prepared for publication as a secondary adjunct to a work by another
+author for the purpose of introducing, concluding, illustrating,
+explaining, revising, commenting upon, or assisting in the use of the
+other work, such as forewords, afterwords, pictorial illustrations,
+maps, charts, tables, editorial notes, musical arrangements, answer
+material for tests, bibliographies, appendixes, and indexes, and an
+"instructional text" is a literary, pictorial, or graphic work prepared
+for publication and with the purpose of use in systematic instructional
+activities.
+
+In determining whether any work is eligible to be considered a work made
+for hire under paragraph (2), neither the amendment contained in section
+1011(d) of the Intellectual Property and Communications Omnibus Reform
+Act of 1999, as enacted by section 1000(a)(9) of Public Law 106-113, nor
+the deletion of the words added by that amendment--
+
+(A) shall be considered or otherwise given any legal significance, or
+
+(B) shall be interpreted to indicate congressional approval or
+disapproval of, or acquiescence in, any judicial determination,
+
+by the courts or the Copyright Office. Paragraph (2) shall be
+interpreted as if both section 2(a)(1) of the Work Made For Hire and
+Copyright Corrections Act of 2000 and section 1011(d) of the
+Intellectual Property and Communications Omnibus Reform Act of 1999, as
+enacted by section 1000(a)(9) of Public Law 106-113, were never enacted,
+and without regard to any inaction or awareness by the Congress at any
+time of any judicial determinations. [23]
+
+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. {24}
+
+A "computer program" is a set of statements or instructions to be used
+directly or indirectly in a computer in order to bring about a certain
+result. [25]
+
+
+Section 102. Subject matter of copyright: In general [26]
+
+(a) Copyright protection subsists, in accordance with this title, in
+original works of authorship fixed in any tangible medium of expression,
+now known or later developed, from which they can be perceived,
+reproduced, or otherwise communicated, either directly or with the aid
+of a machine or device. Works of authorship include the following
+categories:
+
+(1) literary works;
+(2) musical works, including any accompanying words;
+(3) dramatic works, including any accompanying music;
+(4) pantomimes and choreographic works;
+(5) pictorial, graphic, and sculptural works;
+(6) motion pictures and other audiovisual works;
+(7) sound recordings; and
+(8) architectural works.
+(b) In no case does copyright protection for an original work of
+authorship extend to any idea, procedure, process, system, method of
+operation, concept, principle, or discovery, regardless of the form in
+which it is described, explained, illustrated, or embodied in such work.
+
+
+Section 103. Subject matter of copyright: Compilations and derivative
+works
+
+(a) The subject matter of copyright as specified by section 102 includes
+compilations and derivative works, but protection for a work employing
+preexisting material in which copyright subsists does not extend to any
+part of the work in which such material has been used unlawfully.
+
+(b) The copyright in a compilation or derivative work extends only to
+the material contributed by the author of such work, as distinguished
+from the preexisting material employed in the work, and does not imply
+any exclusive right in the preexisting material. The copyright in such
+work is independent of, and does not affect or enlarge the scope,
+duration, ownership, or subsistence of, any copyright protection in the
+preexisting material.
+
+
+Section 104. Subject matter of copyright: National origin [27]
+
+(a) Unpublished Works.  The works specified by sections 102 and 103,
+while unpublished, are subject to protection under this title without
+regard to the nationality or domicile of the author.
+
+(b) Published Works.  The works specified by sections 102 and 103, when
+published, are subject to protection under this title if-
+
+(1) on the date of first publication, one or more of the authors is a
+national or domiciliary of the United States, or is a national,
+domiciliary, or sovereign authority of a treaty party, or is a stateless
+person, wherever that person may be domiciled; or
+
+(2) the work is first published in the United States or in a foreign
+nation that, on the date of first publication, is a treaty party; or
+
+(3) the work is a sound recording that was first fixed in a treaty
+party; or
+
+(4) the work is a pictorial, graphic, or sculptural work that is
+incorporated in a building or other structure, or an architectural work
+that is embodied in a building and the building or structure is located
+in the United States or a treaty party; or
+
+(5) the work is first published by the United Nations or any of its
+specialized agencies, or by the Organization of American States; or
+
+(6) the work comes within the scope of a Presidential proclamation.
+Whenever the President finds that a particular foreign nation extends,
+to works by authors who are nationals or domiciliaries of the United
+States or to works that are first published in the United States,
+copyright protection on substantially the same basis as that on which
+the foreign nation extends protection to works of its own nationals and
+domiciliaries and works first published in that nation, the President
+may by proclamation extend protection under this title to works 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 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 a proclamation.
+
+For purposes of paragraph (2), a work that is published in the United
+States or a treaty party within 30 days after publication in a foreign
+nation that is not a treaty party shall be considered to be first
+published in the United States or such treaty party, as the case may be.
+
+(c) Effect of Berne Convention.  No right or interest in a work eligible
+for protection under this title may be claimed by virtue of, or in
+reliance upon, the provisions of the Berne Convention, or the adherence
+of the United States thereto. Any rights in a work eligible for
+protection under this title that derive from this title, other Federal
+or State statutes, or the common law, shall not be expanded or reduced
+by virtue of, or in reliance upon, the provisions of the Berne
+Convention, or the adherence of the United States thereto.
+
+(d) Effect of Phonograms Treaties.  Notwithstanding the provisions of
+subsection (b), no works other than sound recordings shall be eligible
+for protection under this title solely by virtue of the adherence of the
+United States to the Geneva Phonograms Convention or the WIPO
+Performances and Phonograms Treaty. [28]
+
+
+Section 104A. Copyright in restored works [29]
+
+(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
+person's 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 owner's agent) or
+the owner of an exclusive right therein (or such owner's 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 owner's agent) or
+the owner of an exclusive right therein (or such owner's 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 subparagraphs 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 restored work is an eligible country
+on such date, or
+
+(ii) before the date on which the source country of the restored work
+becomes an eligible country, if that country is not an eligible country
+on such date of enactment, a reliance party may continue to exploit that
+derivative 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 party's
+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 owner's 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.
+
+(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 owner's 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;
+
+(B) a WTO member country;
+
+(C) a nation adhering to the WIPO Copyright Treaty;  [30]
+
+(D) a nation adhering to the WIPO Performances and Phonograms Treaty; [31]
+or
+
+(E) subject to a Presidential proclamation under subsection (g).
+
+(2) The "date of restoration" of a restored copyright is-
+
+(A) January 1, 1996, 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
+
+(A) becomes a WTO member country after the date of the enactment of the
+Uruguay Round Agreements Act;
+
+(B) on such date of enactment is, or after such date of enactment
+becomes, a nation adhering to the Berne Convention;
+
+(C) adheres to the WIPO Copyright Treaty;  [32]
+
+(D) adheres to the WIPO Performances and Phonograms Treaty; [33] or
+
+(E) after such date of enactment becomes subject to a proclamation under
+subsection (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;
+
+(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; and
+
+(E) if the source country for the work is an eligible country solely by
+virtue of its adherence to the WIPO Performances and Phonograms Treaty,
+is a sound recording. [34]
+
+(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, of which the majority of foreign authors or rightholders
+are nationals or domiciliaries; 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.
+
+
+Section 105. Subject matter of copyright: United States Government
+             works [35]
+
+Copyright protection under this title is not available for any work of
+the United States Government, but the United States Government is not
+precluded from receiving and holding copyrights transferred to it by
+assignment, bequest, or otherwise.
+
+
+Section 106. Exclusive rights in copyrighted works [36]
+
+Subject to sections 107 through 121, the owner of copyright under this
+title has the exclusive rights to do and to authorize any of the
+following:
+
+(1) to reproduce the copyrighted work in copies or phonorecords;
+
+(2) to prepare derivative works based upon the copyrighted work;
+
+(3) to distribute copies or phonorecords of the copyrighted work to the
+public by sale or other transfer of ownership, or by rental, lease, or
+lending;
+
+(4) in the case of literary, musical, dramatic, and choreographic works,
+pantomimes, and motion pictures and other audiovisual works, to perform
+the copyrighted work publicly;
+
+(5) in the case of literary, musical, dramatic, and choreographic works,
+pantomimes, and pictorial, graphic, or sculptural works, including the
+individual images of a motion picture or other audiovisual work, to
+display the copyrighted work publicly; and
+
+(6) in the case of sound recordings, to perform the copyrighted work
+publicly by means of a digital audio transmission.
+
+
+Section 106A. Rights of certain authors to attribution and integrity [37]
+
+(a) Rights of Attribution and Integrity.   Subject to section 107 and
+independent of the exclusive rights provided in section 106, the author
+of a work of visual art
+
+(1) shall have the right-
+
+(A) to claim authorship of that work, and
+
+(B) to prevent the use of his or her name as the author of any work of
+visual art which he or she did not create;
+
+(2) shall have the right to prevent the use of his or her name as the
+author of the work of visual art in the event of a distortion,
+mutilation, or other modification of the work which would be prejudicial
+to his or her honor or reputation; and
+
+(3) subject to the limitations set forth in section 113(d), shall have
+the right-
+
+(A) to prevent any intentional distortion, mutilation, or other
+modification of that work which would be prejudicial to his or her honor
+or reputation, and any intentional distortion, mutilation, or
+modification of that work is a violation of that right, and
+
+(B) to prevent any destruction of a work of recognized stature, and any
+intentional or grossly negligent destruction of that work is a violation
+of that right.
+
+(b) Scope and Exercise of Rights.  Only the author of a work of visual
+art has the rights conferred by subsection (a) in that work, whether or
+not the author is the copyright owner. The authors of a joint work of
+visual art are coowners of the rights conferred by subsection (a) in
+that work.
+
+(c) Exceptions.-  (1) The modification of a work of visual art which is
+the result of the passage of time or the inherent nature of the
+materials is not a distortion, mutilation, or other modification
+described in subsection (a)(3)(A).
+
+(2) The modification of a work of visual art which is the result of
+conservation, or of the public presentation, including lighting and
+placement, of the work is not a destruction, distortion, mutilation, or
+other modification described in subsection (a)(3) unless the
+modification is caused by gross negligence.
+
+(3) The rights described in paragraphs (1) and (2) of subsection (a)
+shall not apply to any reproduction, depiction, portrayal, or other use
+of a work in, upon, or in any connection with any item described in
+subparagraph (A) or (B) of the definition of "work of visual art" in
+section 101, and any such reproduction, depiction, portrayal, or other
+use of a work is not a destruction, distortion, mutilation, or other
+modification described in paragraph (3) of subsection (a).
+
+(d) Duration of Rights.-  (1) With respect to works of visual art created
+on or after the effective date set forth in section 610(a) of the Visual
+Artists Rights Act of 1990, the rights conferred by subsection (a) shall
+endure for a term consisting of the life of the author.
+
+(2) With respect to works of visual art created before the effective
+date set forth in section 610(a) of the Visual Artists Rights Act of
+1990, but title to which has not, as of such effective date, been
+transferred from the author, the rights conferred by subsection (a)
+shall be coextensive with, and shall expire at the same time as, the
+rights conferred by section 106.
+
+(3) In the case of a joint work prepared by two or more authors, the
+rights conferred by subsection (a) shall endure for a term consisting of
+the life of the last surviving author.
+
+(4) All terms of the rights conferred by subsection (a) run to the end
+of the calendar year in which they would otherwise expire.
+
+(e) Transfer and Waiver.-  (1) The rights conferred by subsection (a) may
+not be transferred, but those rights may be waived if the author
+expressly agrees to such waiver in a written instrument signed by the
+author. Such instrument shall specifically identify the work, and uses
+of that work, to which the waiver applies, and the waiver shall apply
+only to the work and uses so identified. In the case of a joint work
+prepared by two or more authors, a waiver of rights under this paragraph
+made by one such author waives such rights for all such authors.
+
+(2) Ownership of the rights conferred by subsection (a) with respect to
+a work of visual art is distinct from ownership of any copy of that
+work, or of a copyright or any exclusive right under a copyright in that
+work. Transfer of ownership of any copy of a work of visual art, or of a
+copyright or any exclusive right under a copyright, shall not constitute
+a waiver of the rights conferred by subsection (a). Except as may
+otherwise be agreed by the author in a written instrument signed by the
+author, a waiver of the rights conferred by subsection (a) with respect
+to a work of visual art shall not constitute a transfer of ownership of
+any copy of that work, or of ownership of a copyright or of any
+exclusive right under a copyright in that work.
+
+
+Section 107. Limitations on exclusive rights: Fair use [38]
+
+Notwithstanding the provisions of sections 106 and 106A, the fair use of
+a copyrighted work, including such use by reproduction in copies or
+phonorecords or by any other means specified by that section, for
+purposes such as criticism, comment, news reporting, teaching (including
+multiple copies for classroom use), scholarship, or research, is not an
+infringement of copyright. In determining whether the use made of a work
+in any particular case is a fair use the factors to be considered shall
+include-
+
+(1) the purpose and character of the use, including whether such use is
+of a commercial nature or is for nonprofit educational purposes;
+
+(2) the nature of the copyrighted work;
+
+(3) the amount and substantiality of the portion used in relation to the
+copyrighted work as a whole; and
+
+(4) the effect of the use upon the potential market for or value of the
+copyrighted work.
+
+The fact that a work is unpublished shall not itself bar a finding of
+fair use if such finding is made upon consideration of all the above
+factors.
+
+
+Section 108. Limitations on exclusive rights: Reproduction by libraries
+and archives [39]
+
+(a) Except as otherwise provided in this title and notwithstanding the
+provisions of section 106, it is not an infringement of copyright for a
+library or archives, or any of its employees acting within the scope of
+their employment, to reproduce no more than one copy or phonorecord of a
+work, except as provided in subsections (b) and (c), or to distribute
+such copy or phonorecord, under the conditions specified by this
+section, if-
+
+(1) the reproduction or distribution is made without any purpose of
+direct or indirect commercial advantage;
+
+(2) the collections of the library or archives are (i) open to the
+public, or (ii) available not only to researchers affiliated with the
+library or archives or with the institution of which it is a part, but
+also to other persons doing research in a specialized field; and
+
+(3) the reproduction or distribution of the work includes a notice of
+copyright that appears on the copy or phonorecord that is reproduced
+under the provisions of this section, or includes a legend stating that
+the work may be protected by copy-right if no such notice can be found
+on the copy or phonorecord that is reproduced under the provisions of
+this section.
+
+(b) The rights of reproduction and distribution under this section apply
+to three copies or phonorecords of an unpublished work duplicated solely
+for purposes of preservation and security or for deposit for research
+use in another library or archives of the type described by clause (2)
+of subsection (a), if-
+
+(1) the copy or phonorecord reproduced is currently in the collections
+of the library or archives; and
+
+(2) any such copy or phonorecord that is reproduced in digital format is
+not otherwise distributed in that format and is not made available to
+the public in that format outside the premises of the library or
+archives.
+
+(c) The right of reproduction under this section applies to three copies
+or phonorecords of a published work duplicated solely for the purpose of
+replacement of a copy or phonorecord that is damaged, deteriorating,
+lost, or stolen, or if the existing format in which the work is stored
+has become obsolete, if-
+
+(1) the library or archives has, after a reasonable effort, determined
+that an unused replacement cannot be obtained at a fair price; and
+
+(2) any such copy or phonorecord that is reproduced in digital format is
+not made available to the public in that format outside the premises of
+the library or archives in lawful possession of such copy.
+
+For purposes of this subsection, a format shall be considered obsolete
+if the machine or device necessary to render perceptible a work stored
+in that format is no longer manufactured or is no longer reasonably
+available in the commercial marketplace.
+
+(d) The rights of reproduction and distribution under this section apply
+to a copy, made from the collection of a library or archives where the
+user makes his or her request or from that of another library or
+archives, of no more than one article or other contribution to a
+copyrighted collection or periodical issue, or to a copy or phonorecord
+of a small part of any other copyrighted work, if-
+
+(1) the copy or phonorecord becomes the property of the user, and the
+library or archives has had no notice that the copy or phonorecord would
+be used for any purpose other than private study, scholarship, or
+research; and
+
+(2) the library or archives displays prominently, at the place where
+orders are accepted, and includes on its order form, a warning of
+copyright in accordance with requirements that the Register of
+Copyrights shall prescribe by regulation.
+
+(e) The rights of reproduction and distribution under this section apply
+to the entire work, or to a substantial part of it, made from the
+collection of a library or archives where the user makes his or her
+request or from that of another library or archives, if the library or
+archives has first determined, on the basis of a reasonable
+investigation, that a copy or phonorecord of the copyrighted work cannot
+be obtained at a fair price, if-
+
+(1) the copy or phonorecord becomes the property of the user, and the
+library or archives has had no notice that the copy or phonorecord would
+be used for any purpose other than private study, scholarship, or
+research; and
+
+(2) the library or archives displays prominently, at the place where
+orders are accepted, and includes on its order form, a warning of
+copyright in accordance with requirements that the Register of
+Copyrights shall prescribe by regulation.
+
+(f) Nothing in this section-
+
+(1) shall be construed to impose liability for copyright infringement
+upon a library or archives or its employees for the unsupervised use of
+reproducing equipment located on its premises: *Provided*, That such
+equipment displays a notice that the making of a copy may be subject to
+the copyright law;
+
+(2) excuses a person who uses such reproducing equipment or who requests
+a copy or phonorecord under subsection (d) from liability for copyright
+infringement for any such act, or for any later use of such copy or
+phonorecord, if it exceeds fair use as provided by section 107;
+
+(3) shall be construed to limit the reproduction and distribution by
+lending of a limited number of copies and excerpts by a library or
+archives of an audiovisual news program, subject to clauses (1), (2),
+and (3) of subsection (a); or
+
+(4) in any way affects the right of fair use as provided by section 107,
+or any contractual obligations assumed at any time by the library or
+archives when it obtained a copy or phonorecord of a work in its
+collections.
+
+(g) The rights of reproduction and distribution under this section
+extend to the isolated and unrelated reproduction or distribution of a
+single copy or phonorecord of the same material on separate occasions,
+but do not extend to cases where the library or archives, or its
+employee-
+
+(1) is aware or has substantial reason to believe that it is engaging in
+the related or concerted reproduction or distribution of multiple copies
+or phonorecords of the same material, whether made on one occasion or
+over a period of time, and whether intended for aggregate use by one or
+more individuals or for separate use by the individual members of a
+group; or
+
+(2) engages in the systematic reproduction or distribution of single or
+multiple copies or phonorecords of material described in subsection (d):
+*Provided*, That nothing in this clause prevents a library or archives
+from participating in interlibrary arrangements that do not have, as
+their purpose or effect, that the library or archives receiving such
+copies or phonorecords for distribution does so in such aggregate
+quantities as to substitute for a subscription to or purchase of such
+work.
+
+(h)(1) For purposes of this section, during the last 20 years of any
+term of copyright of a published work, a library or archives, including
+a nonprofit educational institution that functions as such, may
+reproduce, distribute, display, or perform in facsimile or digital form
+a copy or phonorecord of such work, or portions thereof, for purposes of
+preservation, scholarship, or research, if such library or archives has
+first determined, on the basis of a reasonable investigation, that none
+of the conditions set forth in subparagraphs (A), (B), and (C) of
+paragraph (2) apply.
+
+(2) No reproduction, distribution, display, or performance is authorized
+under this subsection if=
+
+(A) the work is subject to normal commercial exploitation;
+
+(B) a copy or phonorecord of the work can be obtained at a reasonable
+price; or
+
+(C) the copyright owner or its agent provides notice pursuant to
+regulations promulgated by the Register of Copyrights that either of the
+conditions set forth in subparagraphs (A) and (B) applies.
+
+(3) The exemption provided in this subsection does not apply to any
+subsequent uses by users other than such library or archives.
+
+(i) The rights of reproduction and distribution under this section do
+not apply to a musical work, a pictorial, graphic or sculptural work, or
+a motion picture or other audiovisual work other than an audiovisual
+work dealing with news, except that no such limitation shall apply with
+respect to rights granted by subsections (b) and (c), or with respect to
+pictorial or graphic works published as illustrations, diagrams, or
+similar adjuncts to works of which copies are reproduced or distributed
+in accordance with subsections (d) and (e).
+
+
+Section 109. Limitations on exclusive rights: Effect of transfer of
+particular copy or phonorecord [40]
+
+(a) Notwithstanding the provisions of section 106(3), the owner of a
+particular copy or phonorecord lawfully made under this title, or any
+person authorized by such owner, is entitled, without the authority of
+the copyright owner, to sell or otherwise dispose of the possession of
+that copy or phonorecord. 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.
+
+(b)(1)(A) Notwithstanding the provisions of subsection (a), unless
+authorized by the owners of copyright in the sound recording or the
+owner of copyright in a computer program (including any tape, disk, or
+other medium embodying such program), and in the case of a sound
+recording in the musical works embodied therein, neither the owner of a
+particular phonorecord nor any person in possession of a particular copy
+of a computer program (including any tape, disk, or other medium
+embodying such program), may, for the purposes of direct or indirect
+commercial advantage, dispose of, or authorize the disposal of, the
+possession of that phonorecord or computer program (including any tape,
+disk, or other medium embodying such program) by rental, lease, or
+lending, or by any other act or practice in the nature of rental, lease,
+or lending. Nothing in the preceding sentence shall apply to the rental,
+lease, or lending of a phonorecord for nonprofit purposes by a nonprofit
+library or nonprofit educational institution. The transfer of possession
+of a lawfully made copy of a computer program by a nonprofit educational
+institution to another nonprofit educational institution or to faculty,
+staff, and students does not constitute rental, lease, or lending for
+direct or indirect commercial purposes under this subsection.
+
+(B) This subsection does not apply to-
+
+(i) a computer program which is embodied in a machine or product and
+which cannot be copied during the ordinary operation or use of the
+machine or product; or
+
+(ii) a computer program embodied in or used in conjunction with a
+limited purpose computer that is designed for playing video games and
+may be designed for other purposes.
+
+(C) Nothing in this subsection affects any provision of chapter 9 of
+this title.
+
+(2)(A) Nothing in this subsection shall apply to the lending of a
+computer program for nonprofit purposes by a nonprofit library, if each
+copy of a computer program which is lent by such library has affixed to
+the packaging containing the program a warning of copyright in
+accordance with requirements that the Register of Copyrights shall
+prescribe by regulation.
+
+(B) Not later than three years after the date of the enactment of the
+Computer Software Rental Amendments Act of 1990, and at such times
+thereafter as the Register of Copyrights considers appropriate, the
+Register of Copyrights, after consultation with representatives of
+copyright owners and librarians, shall submit to the Congress a report
+stating whether this paragraph has achieved its intended purpose of
+maintaining the integrity of the copyright system while providing
+nonprofit libraries the capability to fulfill their function. Such
+report shall advise the Congress as to any information or
+recommendations that the Register of Copyrights considers necessary to
+carry out the purposes of this subsection.
+
+(3) Nothing in this subsection shall affect any provision of the
+antitrust laws. For purposes of the preceding sentence, "antitrust laws"
+has the meaning given that term in the first section of the Clayton Act
+and includes section 5 of the Federal Trade Commission Act to the extent
+that section relates to unfair methods of competition.
+
+(4) Any person who distributes a phonorecord or a copy of a computer
+program (including any tape, disk, or other medium embodying such
+program) in violation of paragraph (1) is an infringer of copyright
+under section 501 of this title and is subject to the remedies set forth
+in sections 502, 503, 504, 505, and 509. Such violation shall not be a
+criminal offense under section 506 or cause such person to be subject to
+the criminal penalties set forth in section 2319 of title 18.
+
+(c) Notwithstanding the provisions of section 106(5), the owner of a
+particular copy lawfully made under this title, or any person authorized
+by such owner, is entitled, without the authority of the copyright
+owner, to display that copy publicly, either directly or by the
+projection of no more than one image at a time, to viewers present at
+the place where the copy is located.
+
+(d) The privileges prescribed by subsections (a) and (c) do not, unless
+authorized by the copyright owner, extend to any person who has acquired
+possession of the copy or phonorecord from the copyright owner, by
+rental, lease, loan, or otherwise, without acquiring ownership of it.
+
+(e) Notwithstanding the provisions of sections 106(4) and 106(5), in the
+case of an electronic audiovisual game intended for use in coin-operated
+equipment, the owner of a particular copy of such a game lawfully made
+under this title, is entitled, without the authority of the copyright
+owner of the game, to publicly perform or display that game in coin-
+operated equipment, except that this subsection shall not apply to any
+work of authorship embodied in the audiovisual game if the copyright
+owner of the electronic audiovisual game is not also the copyright owner
+of the work of authorship.
+
+
+Section 110. Limitations on exclusive rights: Exemption of certain
+performances and displays [41]
+
+Notwithstanding the provisions of section 106, the following are not
+infringements of copyright:
+
+(1) performance or display of a work by instructors or pupils in the
+course of face-to-face teaching activities of a nonprofit educational
+institution, in a classroom or similar place devoted to instruction,
+unless, in the case of a motion picture or other audiovisual work, the
+performance, or the display of individual images, is given by means of a
+copy that was not lawfully made under this title, and that the person
+responsible for the performance knew or had reason to believe was not
+lawfully made;
+
+(2) performance of a nondramatic literary or musical work or display of
+a work, by or in the course of a transmission, if-
+
+(A) the performance or display is a regular part of the systematic
+instructional activities of a governmental body or a nonprofit
+educational institution; and
+
+(B) the performance or display is directly related and of material
+assistance to the teaching content of the transmission; and
+
+(C) the transmission is made primarily for-
+
+(i) reception in classrooms or similar places normally devoted to
+instruction, or
+
+(ii) reception by persons to whom the transmission is directed because
+their disabilities or other special circumstances prevent their
+attendance in classrooms or similar places normally devoted to
+instruction, or
+
+(iii) reception by officers or employees of governmental bodies as a
+part of their official duties or employment;
+
+(3) performance of a nondramatic literary or musical work or of a
+dramatico-musical work of a religious nature, or display of a work, in
+the course of services at a place of worship or other religious
+assembly;
+
+(4) performance of a nondramatic literary or musical work otherwise than
+in a transmission to the public, without any purpose of direct or
+indirect commercial advantage and without payment of any fee or other
+compensation for the performance to any of its performers, promoters, or
+organizers, if-
+
+(A) there is no direct or indirect admission charge; or
+
+(B) the proceeds, after deducting the reasonable costs of producing the
+performance, are used exclusively for educational, religious, or
+charitable purposes and not for private financial gain, except where the
+copyright owner has served notice of objection to the performance under
+the following conditions;
+
+(i) the notice shall be in writing and signed by the copyright owner or
+such owner's duly authorized agent; and
+
+(ii) the notice shall be served on the person responsible for the
+performance at least seven days before the date of the performance, and
+shall state the reasons for the objection; and
+
+(iii) the notice shall comply, in form, content, and manner of service,
+with requirements that the Register of Copyrights shall prescribe by
+regulation;
+
+(5)(A) except as provided in subparagraph (B), communication of a
+transmission embodying a performance or display of a work by the public
+reception of the transmission on a single receiving apparatus of a kind
+commonly used in private homes, unless-
+
+(i) a direct charge is made to see or hear the transmission; or
+
+(ii) the transmission thus received is further transmitted to the
+public;
+
+(B) communication by an establishment of a transmission or
+retransmission embodying a performance or display of a nondramatic
+musical work intended to be received by the general public, originated
+by a radio or television broadcast station licensed as such by the
+Federal Communications Commission, or, if an audiovisual transmission,
+by a cable system or satellite carrier, if-
+
+(i) in the case of an establishment other than a food service or
+drinking establishment, either the establishment in which the
+communication occurs has less than 2,000 gross square feet of space
+(excluding space used for customer parking and for no other purpose), or
+the establishment in which the communication occurs has 2,000 or more
+gross square feet of space (excluding space used for customer parking
+and for no other purpose) and-
+
+(I) if the performance is by audio means only, the performance is
+communicated by means of a total of not more than 6 loudspeakers, of
+which not more than 4 loudspeakers are located in any 1 room or
+adjoining outdoor space; or
+
+(II) if the performance or display is by audiovisual means, any visual
+portion of the performance or display is communicated by means of a
+total of not more than 4 audiovisual devices, of which not more than 1
+audiovisual device is located in any 1 room, and no such audiovisual
+device has a diagonal screen size greater than 55 inches, and any audio
+portion of the performance or display is communicated by means of a
+total of not more than 6 loudspeakers, of which not more than 4
+loudspeakers are located in any 1 room or adjoining outdoor space;
+
+(ii) in the case of a food service or drinking establishment, either the
+establishment in which the communication occurs has less than 3,750
+gross square feet of space (excluding space used for customer parking
+and for no other purpose), or the establishment in which the
+communication occurs has 3,750 gross square feet of space or more
+(excluding space used for customer parking and for no other purpose)
+and
+
+(I) if the performance is by audio means only, the performance is
+communicated by means of a total of not more than 6 loudspeakers, of
+which not more than 4 loudspeakers are located in any 1 room or
+adjoining outdoor space; or
+
+(II) if the performance or display is by audiovisual means, any visual
+portion of the performance or display is communicated by means of a
+total of not more than 4 audiovisual devices, of which not more than 1
+audiovisual device is located in any 1 room, and no such audiovisual
+device has a diagonal screen size greater than 55 inches, and any audio
+portion of the performance or display is communicated by means of a
+total of not more than 6 loudspeakers, of which not more than 4
+loudspeakers are located in any 1 room or adjoining outdoor space;
+
+(iii) no direct charge is made to see or hear the transmission or
+retransmission;
+
+(iv) the transmission or retransmission is not further transmitted
+beyond the establishment where it is received; and
+
+(v) the transmission or retransmission is licensed by the copyright
+owner of the work so publicly performed or displayed;
+
+(6) performance of a nondramatic musical work by a governmental body or
+a nonprofit agricultural or horticultural organization, in the course of
+an annual agricultural or horticultural fair or exhibition conducted by
+such body or organization; the exemption provided by this clause shall
+extend to any liability for copyright infringement that would otherwise
+be imposed on such body or organization, under doctrines of vicarious
+liability or related infringement, for a performance by a
+concessionnaire, business establishment, or other person at such fair or
+exhibition, but shall not excuse any such person from liability for the
+performance;
+
+(7) performance of a nondramatic musical work by a vending establishment
+open to the public at large without any direct or indirect admission
+charge, where the sole purpose of the performance is to promote the
+retail sale of copies or phonorecords of the work, or of the audiovisual
+or other devices utilized in such performance, and the performance is
+not transmitted beyond the place where the establishment is located and
+is within the immediate area where the sale is occurring;
+
+(8) performance of a nondramatic literary work, by or in the course of a
+transmission specifically designed for and primarily directed to blind
+or other handicapped persons who are unable to read normal printed
+material as a result of their handicap, or deaf or other handicapped
+persons who are unable to hear the aural signals accompanying a
+transmission of visual signals, if the performance is made without any
+purpose of direct or indirect commercial advantage and its transmission
+is made through the facilities of: (i) a governmental body; or (ii) a
+noncommercial educational broadcast station (as defined in section 397
+of title 47); or (iii) a radio subcarrier authorization (as defined in
+47 CFR 73.293-73.295 and 73.593-73.595); or (iv) a cable system (as
+defined in section 111 (f));
+
+(9) performance on a single occasion of a dramatic literary work
+published at least ten years before the date of the performance, by or
+in the course of a transmission specifically designed for and primarily
+directed to blind or other handicapped persons who are unable to read
+normal printed material as a result of their handicap, if the
+performance is made without any purpose of direct or indirect commercial
+advantage and its transmission is made through the facilities of a radio
+subcarrier authorization referred to in clause (8) (iii), *Provided*,
+That the provisions of this clause shall not be applicable to more than
+one performance of the same work by the same performers or under the
+auspices of the same organization; and
+
+(10) notwithstanding paragraph (4), the following is not an infringement
+of copyright: performance of a nondramatic literary or musical work in
+the course of a social function which is organized and promoted by a
+nonprofit veterans' organization or a nonprofit fraternal organization
+to which the general public is not invited, but not including the
+invitees of the organizations, if the proceeds from the performance,
+after deducting the reasonable costs of producing the performance, are
+used exclusively for charitable purposes and not for financial gain. For
+purposes of this section the social functions of any college or
+university fraternity or sorority shall not be included unless the
+social function is held solely to raise funds for a specific charitable
+purpose.
+
+The exemptions provided under paragraph (5) shall not be taken into
+account in any administrative, judicial, or other governmental
+proceeding to set or adjust the royalties payable to copyright owners
+for the public performance or display of their works. Royalties payable
+to copyright owners for any public performance or display of their works
+other than such performances or displays as are exempted under paragraph
+(5) shall not be diminished in any respect as a result of such
+exemption.
+
+
+Section 111. Limitations on exclusive rights: Secondary transmissions [42]
+
+(a) Certain Secondary Transmissions Exempted.  The secondary transmission
+of a performance or display of a work embodied in a primary transmission
+is not an infringement of copyright if-
+
+(1) the secondary transmission is not made by a cable system, and
+consists entirely of the relaying, by the management of a hotel,
+apartment house, or similar establishment, of signals transmitted by a
+broadcast station licensed by the Federal Communications Commission,
+within the local service area of such station, to the private lodgings
+of guests or residents of such establishment, and no direct charge is
+made to see or hear the secondary transmission; or
+
+(2) the secondary transmission is made solely for the purpose and under
+the conditions specified by clause (2) of section 110; or
+
+(3) the secondary transmission is made by any carrier who has no direct
+or indirect control over the content or selection of the primary
+transmission or over the particular recipients of the secondary
+transmission, and whose activities with respect to the secondary
+transmission consist solely of providing wires, cables, or other
+communications channels for the use of others: *Provided*, That the
+provisions of this clause extend only to the activities of said carrier
+with respect to secondary transmissions and do not exempt from liability
+the activities of others with respect to their own primary or secondary
+transmissions;
+
+(4) the secondary transmission is made by a satellite carrier for
+private home viewing pursuant to a statutory license under section 119;
+or
+
+(5) the secondary transmission is not made by a cable system but is made
+by a governmental body, or other nonprofit organization, without any
+purpose of direct or indirect commercial advantage, and without charge
+to the recipients of the secondary transmission other than assessments
+necessary to defray the actual and reasonable costs of maintaining and
+operating the secondary transmission service.
+
+(b) Secondary Transmission of Primary Transmission to Controlled Group.
+Notwithstanding the provisions of subsections (a) and (c), the secondary
+transmission to the public of a performance or display of a work
+embodied in a primary transmission is actionable as an act of
+infringement under section 501, and is fully subject to the remedies
+provided by sections 502 through 506 and 509, if the primary
+transmission is not made for reception by the public at large but is
+controlled and limited to reception by particular members of the public:
+*Provided*, however, That such secondary transmission is not actionable
+as an act of infringement if-
+
+(1) the primary transmission is made by a broadcast station licensed by
+the Federal Communications Commission; and
+
+(2) the carriage of the signals comprising the secondary transmission is
+required under the rules, regulations, or authorizations of the Federal
+Communications Commission; and
+
+(3) the signal of the primary transmitter is not altered or changed in
+any way by the secondary transmitter.
+
+(c) Secondary Transmissions by Cable Systems.-
+
+(1) Subject to the provisions of clauses (2), (3), and (4) of this
+subsection and section 114(d), secondary transmissions to the public by
+a cable system of a performance or display of a work embodied in a
+primary transmission made by a broadcast station licensed by the Federal
+Communications Commission or by an appropriate governmental authority of
+Canada or Mexico shall be subject to statutory licensing upon compliance
+with the requirements of subsection (d) where the carriage of the
+signals comprising the secondary transmission is permissible under the
+rules, regulations, or authorizations of the Federal Communications
+Commission.
+
+(2) Notwithstanding the provisions of clause (1) of this subsection, the
+willful or repeated secondary transmission to the public by a cable
+system of a primary transmission made by a broadcast station licensed by
+the Federal Communications Commission or by an appropriate governmental
+authority of Canada or Mexico and embodying a performance or display of
+a work is actionable as an act of infringement under section 501, and is
+fully subject to the remedies provided by sections 502 through 506 and
+509, in the following cases:
+
+(A) where the carriage of the signals comprising the secondary
+transmission is not permissible under the rules, regulations, or
+authorizations of the Federal Communications Commission; or
+
+(B) where the cable system has not deposited the statement of account
+and royalty fee required by subsection (d).
+
+(3) Notwithstanding the provisions of clause (1) of this subsection and
+subject to the provisions of subsection (e) of this section, the
+secondary transmission to the public by a cable system of a performance
+or display of a work embodied in a primary transmission made by a
+broadcast station licensed by the Federal Communications Commission or
+by an appropriate governmental authority of Canada or Mexico is
+actionable as an act of infringement under section 501, and is fully
+subject to the remedies provided by sections 502 through 506 and
+sections 509 and 510, if the content of the particular program in which
+the performance or display is embodied, or any commercial advertising or
+station announcements transmitted by the primary transmitter during, or
+immediately before or after, the transmission of such program, is in any
+way willfully altered by the cable system through changes, deletions, or
+additions, except for the alteration, deletion, or substitution of
+commercial advertisements performed by those engaged in television
+commercial advertising market research: *Provided*, That the research
+company has obtained the prior consent of the advertiser who has
+purchased the original commercial advertisement, the television station
+broadcasting that commercial advertisement, and the cable system
+performing the secondary transmission: *And provided further*, That such
+commercial alteration, deletion, or substitution is not performed for
+the purpose of deriving income from the sale of that commercial time.
+
+(4) Notwithstanding the provisions of clause (1) of this subsection, the
+secondary transmission to the public by a cable system of a performance
+or display of a work embodied in a primary transmission made by a
+broadcast station licensed by an appropriate governmental authority of
+Canada or Mexico is actionable as an act of infringement under section
+501, and is fully subject to the remedies provided by sections 502
+through 506 and section 509, if (A) with respect to Canadian signals,
+the community of the cable system is located more than 150 miles from
+the United States-Canadian border and is also located south of the
+forty-second parallel of latitude, or (B) with respect to Mexican
+signals, the secondary transmission is made by a cable system which
+received the primary transmission by means other than direct
+interception of a free space radio wave emitted by such broadcast
+television station, unless prior to April 15, 1976, such cable system
+was actually carrying, or was specifically authorized to carry, the
+signal of such foreign station on the system pursuant to the rules,
+regulations, or authorizations of the Federal Communications Commission.
+
+(d) Statutory License for Secondary Transmissions by Cable Systems. [43]
+
+(1) A cable system whose secondary transmissions have been subject to
+statutory licensing under subsection (c) shall, on a semiannual basis,
+deposit with the Register of Copyrights, in accordance with requirements
+that the Register shall prescribe by regulation-
+
+(A) a statement of account, covering the six months next preceding,
+specifying the number of channels on which the cable system made
+secondary transmissions to its subscribers, the names and locations of
+all primary transmitters whose transmissions were further transmitted by
+the cable system, the total number of subscribers, the gross amounts
+paid to the cable system for the basic service of providing secondary
+transmissions of primary broadcast transmitters, and such other data as
+the Register of Copyrights may from time to time prescribe by
+regulation. In determining the total number of subscribers and the gross
+amounts paid to the cable system for the basic service of providing
+secondary transmissions of primary broadcast transmitters, the cable
+system shall not include subscribers and amounts collected from
+subscribers receiving secondary transmissions for private home viewing
+pursuant to section 119. Such statement shall also include a special
+statement of account covering any nonnetwork television programming that
+was carried by the cable system in whole or in part beyond the local
+service area of the primary transmitter, under rules, regulations, or
+authorizations of the Federal Communications Commission permitting the
+substitution or addition of signals under certain circumstances,
+together with logs showing the times, dates, stations, and programs
+involved in such substituted or added carriage; and
+
+(B) except in the case of a cable system whose royalty is specified in
+subclause (C) or (D), a total royalty fee for the period covered by the
+statement, computed on the basis of specified percentages of the gross
+receipts from subscribers to the cable service during said period for
+the basic service of providing secondary transmissions of primary
+broadcast transmitters, as follows:
+
+(i) 0.675 of 1 per centum of such gross receipts for the privilege of
+further transmitting any nonnetwork programming of a primary transmitter
+in whole or in part beyond the local service area of such primary
+transmitter, such amount to be applied against the fee, if any, payable
+pursuant to paragraphs (ii) through (iv);
+
+(ii) 0.675 of 1 per centum of such gross receipts for the first distant
+signal equivalent;
+
+(iii) 0.425 of 1 per centum of such gross receipts for each of the
+second, third, and fourth distant signal equivalents;
+
+(iv) 0.2 of 1 per centum of such gross receipts for the fifth distant
+signal equivalent and each additional distant signal equivalent
+thereafter; and
+
+in computing the amounts payable under paragraph (ii) through (iv),
+above, any fraction of a distant signal equivalent shall be computed at
+its fractional value and, in the case of any cable system located partly
+within and partly without the local service area of a primary
+transmitter, gross receipts shall be limited to those gross receipts
+derived from subscribers located without the local service area of such
+primary transmitter; and
+
+(C) if the actual gross receipts paid by subscribers to a cable system
+for the period covered by the statement for the basic service of
+providing secondary transmissions of primary broadcast transmitters
+total $80,000 or less, gross receipts of the cable system for the
+purpose of this subclause shall be computed by subtracting from such
+actual gross receipts the amount by which $80,000 exceeds such actual
+gross receipts, except that in no case shall a cable system's gross
+receipts be reduced to less than $3,000. The royalty fee payable under
+this subclause shall be 0.5 of 1 per centum, regardless of the number of
+distant signal equivalents, if any; and
+
+(D) if the actual gross receipts paid by subscribers to a cable system
+for the period covered by the statement, for the basic service of
+providing secondary transmissions of primary broadcast transmitters, are
+more than $80,000 but less than $160,000, the royalty fee payable under
+this subclause shall be
+
+(i) 0.5 of 1 per centum of any gross receipts up to $80,000; and
+
+(ii) 1 per centum of any gross receipts in excess of $80,000 but less
+than $160,000, regardless of the number of distant signal equivalents,
+if any.
+
+(2) The Register of Copyrights shall receive all fees deposited under
+this section and, after deducting the reasonable costs incurred by the
+Copyright Office under this section, shall deposit the balance in the
+Treasury of the United States, in such manner as the Secretary of the
+Treasury directs. All funds held by the Secretary of the Treasury shall
+be invested in interest-bearing United States securities for later
+distribution with interest by the Librarian of Congress in the event no
+controversy over distribution exists, or by a copyright arbitration
+royalty panel in the event a controversy over such distribution exists.
+
+(3) The royalty fees thus deposited shall, in accordance with the
+procedures provided by clause (4), be distributed to those among the
+following copyright owners who claim that their works were the subject
+of secondary transmissions by cable systems during the relevant
+semiannual period:
+
+(A) any such owner whose work was included in a secondary transmission
+made by a cable system of a nonnetwork television program in whole or in
+part beyond the local service area of the primary transmitter; and
+
+(B) any such owner whose work was included in a secondary transmission
+identified in a special statement of account deposited under clause (1)
+(A); and
+
+(C) any such owner whose work was included in nonnetwork programming
+consisting exclusively of aural signals carried by a cable system in
+whole or in part beyond the local service area of the primary
+transmitter of such programs.
+
+(4) The royalty fees thus deposited shall be distributed in accordance
+with the following procedures:
+
+(A) During the month of July in each year, every person claiming to be
+entitled to statutory license fees for secondary transmissions shall
+file a claim with the Librarian of Congress, in accordance with
+requirements that the Librarian of Congress shall prescribe by
+regulation. Notwithstanding any provisions of the antitrust laws, for
+purposes of this clause any claimants may agree among themselves as to
+the proportionate division of statutory licensing fees among them, may
+lump their claims together and file them jointly or as a single claim,
+or may designate a common agent to receive payment on their behalf.
+
+(B) After the first day of August of each year, the Librarian of
+Congress shall, upon the recommendation of the Register of Copyrights,
+determine whether there exists a controversy concerning the distribution
+of royalty fees. If the Librarian determines that no such controversy
+exists, the Librarian shall, after deducting reasonable administrative
+costs under this section, distribute such fees to the copyright owners
+entitled to such fees, or to their designated agents. If the Librarian
+finds the existence of a controversy, the Librarian shall, pursuant to
+chapter 8 of this title, convene a copyright arbitration royalty panel
+to determine the distribution of royalty fees.
+
+(C) During the pendency of any proceeding under this subsection, the
+Librarian of Congress shall withhold from distribution an amount
+sufficient to satisfy all claims with respect to which a controversy
+exists, but shall have discretion to proceed to distribute any amounts
+that are not in controversy.
+
+(e) Nonsimultaneous Secondary Transmissions by Cable Systems.-
+
+(1) Notwithstanding those provisions of the second paragraph of
+subsection (f) relating to nonsimultaneous secondary transmissions by a
+cable system, any such transmissions are actionable as an act of
+infringement under section 501, and are fully subject to the remedies
+provided by sections 502 through 506 and sections 509 and 510, unless
+
+(A) the program on the videotape is transmitted no more than one time to
+the cable system's subscribers; and
+
+(B) the copyrighted program, episode, or motion picture videotape,
+including the commercials contained within such program, episode, or
+picture, is transmitted without deletion or editing; and
+
+(C) an owner or officer of the cable system
+
+(i) prevents the duplication of the videotape while in the possession of
+the system,
+
+(ii) prevents unauthorized duplication while in the possession of the
+facility making the videotape for the system if the system owns or
+controls the facility, or takes reasonable precautions to prevent such
+duplication if it does not own or control the facility,
+
+(iii) takes adequate precautions to prevent duplication while the tape
+is being transported, and
+
+(iv) subject to clause (2), erases or destroys, or causes the erasure or
+destruction of, the videotape; and
+
+(D) within forty-five days after the end of each calendar quarter, an
+owner or officer of the cable system executes an affidavit attesting
+
+(i) to the steps and precautions taken to prevent duplication of the
+videotape, and
+
+(ii) subject to clause (2), to the erasure or destruction of all
+videotapes made or used during such quarter; and
+
+(E) such owner or officer places or causes each such affidavit, and
+affidavits received pursuant to clause (2) (C), to be placed in a file,
+open to public inspection, at such system's main office in the community
+where the transmission is made or in the nearest community where such
+system maintains an office; and
+
+(F) the nonsimultaneous transmission is one that the cable system would
+be authorized to transmit under the rules, regulations, and
+authorizations of the Federal Communications Commission in effect at the
+time of the nonsimultaneous transmission if the transmission had been
+made simultaneously, except that this subclause shall not apply to
+inadvertent or accidental transmissions.
+
+(2) If a cable system transfers to any person a videotape of a program
+nonsimultaneously transmitted by it, such transfer is actionable as an
+act of infringement under section 501, and is fully subject to the
+remedies provided by sections 502 through 506 and 509, except that,
+pursuant to a written, nonprofit contract providing for the equitable
+sharing of the costs of such videotape and its transfer, a videotape
+nonsimultaneously transmitted by it, in accordance with clause (1), may
+be transferred by one cable system in Alaska to another system in
+Alaska, by one cable system in Hawaii permitted to make such
+nonsimultaneous transmissions to another such cable system in Hawaii, or
+by one cable system in Guam, the Northern Mariana Islands, or the Trust
+Territory of the Pacific Islands, to another cable system in any of
+those three territories, if-
+
+(A) each such contract is available for public inspection in the offices
+of the cable systems involved, and a copy of such contract is filed,
+within thirty days after such contract is entered into, with the
+Copyright Office (which Office shall make each such contract available
+for public inspection); and
+
+(B) the cable system to which the videotape is transferred complies with
+clause (1) (A), (B), (C) (i), (iii), and (iv), and (D) through (F); and
+
+(C) such system provides a copy of the affidavit required to be made in
+accordance with clause (1) (D) to each cable system making a previous
+nonsimultaneous transmission of the same videotape.
+
+(3) This subsection shall not be construed to supersede the exclusivity
+protection provisions of any existing agreement, or any such agreement
+hereafter entered into, between a cable system and a television
+broadcast station in the area in which the cable system is located, or a
+network with which such station is affiliated.
+
+(4) As used in this subsection, the term "videotape", and each of its
+variant forms, means the reproduction of the images and sounds of a
+program or programs broadcast by a television broadcast station licensed
+by the Federal Communications Commission, regardless of the nature of
+the material objects, such as tapes or films, in which the reproduction
+is embodied.
+
+(f) Definitions.  As used in this section, the following terms and their
+variant forms mean the following:
+
+A "primary transmission" is a transmission made to the public by the
+transmitting facility whose signals are being received and further
+transmitted by the secondary transmission service, regardless of where
+or when the performance or display was first transmitted.
+
+A "secondary transmission" is the further transmitting of a primary
+transmission simultaneously with the primary transmission, or
+nonsimultaneously with the primary transmission if by a "cable system"
+not located in whole or in part within the boundary of the forty-eight
+contiguous States, Hawaii, or Puerto Rico: *Provided, however*, That a
+nonsimultaneous further transmission by a cable system located in Hawaii
+of a primary transmission shall be deemed to be a secondary transmission
+if the carriage of the television broadcast signal comprising such
+further transmission is permissible under the rules, regulations, or
+authorizations of the Federal Communications Commission.
+
+A "cable system" is a facility, located in any State, Territory, Trust
+Territory, or Possession, that in whole or in part receives signals
+transmitted or programs broadcast by one or more television broadcast
+stations licensed by the Federal Communications Commission, and makes
+secondary transmissions of such signals or programs by wires, cables,
+microwave, or other communications channels to subscribing members of
+the public who pay for such service. For purposes of determining the
+royalty fee under subsection (d)(1), two or more cable systems in
+contiguous communities under common ownership or control or operating
+from one headend shall be considered as one system.
+
+The "local service area of a primary transmitter", in the case of a
+television broadcast station, comprises the area in which such station
+is entitled to insist upon its signal being retransmitted by a cable
+system pursuant to the rules, regulations, and authorizations of the
+Federal Communications Commission in effect on April 15, 1976, or such
+station's television market as defined in section 76.55(e) of title 47,
+Code of Federal Regulations (as in effect on September 18, 1993), or any
+modifications to such television market made, on or after September 18,
+1993, pursuant to section 76.55(e) or 76.59 of title 47 of the Code of
+Federal Regulations, or in the case of a television broadcast station
+licensed by an appropriate governmental authority of Canada or Mexico,
+the area in which it would be entitled to insist upon its signal being
+retransmitted if it were a television broadcast station subject to such
+rules, regulations, and authorizations. In the case of a low power
+television station, as defined by the rules and regulations of the
+Federal Communications Commission, the "local service area of a primary
+transmitter" comprises the area within 35 miles of the transmitter site,
+except that in the case of such a station located in a standard
+metropolitan statistical area which has one of the 50 largest
+populations of all standard metropolitan statistical areas (based on the
+1980 decennial census of population taken by the Secretary of Commerce),
+the number of miles shall be 20 miles. The "local service area of a
+primary transmitter", in the case of a radio broadcast station,
+comprises the primary service area of such station, pursuant to the
+rules and regulations of the Federal Communications Commission.
+
+A "distant signal equivalent" is the value assigned to the secondary
+transmission of any nonnetwork television programming carried by a cable
+system in whole or in part beyond the local service area of the primary
+transmitter of such programming. It is computed by assigning a value of
+one to each independent station and a value of one-quarter to each
+network station and noncommercial educational station for the nonnetwork
+programming so carried pursuant to the rules, regulations, and
+authorizations of the Federal Communications Commission. The foregoing
+values for independent, network, and noncommercial educational stations
+are subject, however, to the following exceptions and limitations. Where
+the rules and regulations of the Federal Communications Commission
+require a cable system to omit the further transmission of a particular
+program and such rules and regulations also permit the substitution of
+another program embodying a performance or display of a work in place of
+the omitted transmission, or where such rules and regulations in effect
+on the date of enactment of this Act permit a cable system, at its
+election, to effect such deletion and substitution of a nonlive program
+or to carry additional programs not transmitted by primary transmitters
+within whose local service area the cable system is located, no value
+shall be assigned for the substituted or additional program; where the
+rules, regulations, or authorizations of the Federal Communications
+Commission in effect on the date of enactment of this Act permit a cable
+system, at its election, to omit the further transmission of a
+particular program and such rules, regulations, or authorizations also
+permit the substitution of another program embodying a performance or
+display of a work in place of the omitted transmission, the value
+assigned for the substituted or additional program shall be, in the case
+of a live program, the value of one full distant signal equivalent
+multiplied by a fraction that has as its numerator the number of days in
+the year in which such substitution occurs and as its denominator the
+number of days in the year. In the case of a station carried pursuant to
+the late-night or specialty programming rules of the Federal
+Communications Commission, or a station carried on a part-time basis
+where full-time carriage is not possible because the cable system lacks
+the activated channel capacity to retransmit on a full-time basis all
+signals which it is authorized to carry, the values for independent,
+network, and noncommercial educational stations set forth above, as the
+case may be, shall be multiplied by a fraction which is equal to the
+ratio of the broadcast hours of such station carried by the cable system
+to the total broadcast hours of the station.
+
+A "network station" is a television broadcast station that is owned or
+operated by, or affiliated with, one or more of the television networks
+in the United States providing nationwide transmissions, and that
+transmits a substantial part of the programming supplied by such
+networks for a substantial part of that station's typical broadcast day.
+
+An "independent station" is a commercial television broadcast station
+other than a network station.
+
+A "noncommercial educational station" is a television station that is a
+noncommercial educational broadcast station as defined in section 397 of
+title 47.
+
+
+Section 112. Limitations on exclusive rights: Ephemeral recordings [44]
+
+(a)(1) Notwithstanding the provisions of section 106, and except in the
+case of a motion picture or other audiovisual work, it is not an
+infringement of copyright for a transmitting organization entitled to
+transmit to the public a performance or display of a work, under a
+license, including a statutory license under section 114(f), or transfer
+of the copyright or under the limitations on exclusive rights in sound
+recordings specified by section 114 (a) or for a transmitting
+organization that is a broadcast radio or television station licensed as
+such by the Federal Communications Commission and that makes a broadcast
+transmission of a performance of a sound recording in a digital format
+on a nonsubscription basis, to make no more than one copy or phonorecord
+of a particular transmission program embodying the performance or
+display, if-
+
+(A) the copy or phonorecord is retained and used solely by the
+transmitting organization that made it, and no further copies or
+phonorecords are reproduced from it; and
+
+(B) the copy or phonorecord is used solely for the transmitting
+organization's own transmissions within its local service area, or for
+purposes of archival preservation or security; and
+
+(C) unless preserved exclusively for archival purposes, the copy or
+phonorecord is destroyed within six months from the date the
+transmission program was first transmitted to the public.
+
+(2) In a case in which a transmitting organization entitled to make a
+copy or phonorecord under paragraph (1) in connection with the
+transmission to the public of a performance or display of a work is
+prevented from making such copy or phonorecord by reason of the
+application by the copyright owner of technical measures that prevent
+the reproduction of the work, the copyright owner shall make available
+to the transmitting organization the necessary means for permitting the
+making of such copy or phonorecord as permitted under that paragraph, if
+it is technologically feasible and economically reasonable for the
+copyright owner to do so. If the copyright owner fails to do so in a
+timely manner in light of the transmitting organization's reasonable
+business requirements, the transmitting organization shall not be liable
+for a violation of section 1201(a)(1) of this title for engaging in such
+activities as are necessary to make such copies or phonorecords as
+permitted under paragraph (1) of this subsection.
+
+(b) Notwithstanding the provisions of section 106, it is not an
+infringement of copyright for a governmental body or other nonprofit
+organization entitled to transmit a performance or display of a work,
+under section 110(2) or under the limitations on exclusive rights in
+sound recordings specified by section 114(a), to make no more than
+thirty copies or phonorecords of a particular transmission program
+embodying the performance or display, if
+
+(1) no further copies or phonorecords are reproduced from the copies or
+phonorecords made under this clause; and
+
+(2) except for one copy or phonorecord that may be preserved exclusively
+for archival purposes, the copies or phonorecords are destroyed within
+seven years from the date the transmission program was first transmitted
+to the public.
+
+(c) Notwithstanding the provisions of section 106, it is not an
+infringement of copyright for a governmental body or other nonprofit
+organization to make for distribution no more than one copy or
+phonorecord, for each transmitting organization specified in clause (2)
+of this subsection, of a particular transmission program embodying a
+performance of a nondramatic musical work of a religious nature, or of a
+sound recording of such a musical work, if-
+
+(1) there is no direct or indirect charge for making or distributing any
+such copies or phonorecords; and
+
+(2) none of such copies or phonorecords is used for any performance
+other than a single transmission to the public by a transmitting
+organization entitled to transmit to the public a performance of the
+work under a license or transfer of the copyright; and
+
+(3) except for one copy or phonorecord that may be preserved exclusively
+for archival purposes, the copies or phonorecords are all destroyed
+within one year from the date the transmission program was first
+transmitted to the public.
+
+(d) Notwithstanding the provisions of section 106, it is not an
+infringement of copyright for a governmental body or other nonprofit
+organization entitled to transmit a performance of a work under section
+110(8) to make no more than ten copies or phonorecords embodying the
+performance, or to permit the use of any such copy or phonorecord by any
+governmental body or nonprofit organization entitled to transmit a
+performance of a work under section 110(8), if-
+
+(1) any such copy or phonorecord is retained and used solely by the
+organization that made it, or by a governmental body or nonprofit
+organization entitled to transmit a performance of a work under section
+110(8), and no further copies or phonorecords are reproduced from it;
+and
+
+(2) any such copy or phonorecord is used solely for transmissions
+authorized under section 110(8), or for purposes of archival
+preservation or security; and
+
+(3) the governmental body or nonprofit organization permitting any use
+of any such copy or phonorecord by any governmental body or nonprofit
+organization under this subsection does not make any charge for such
+use.
+
+(e) Statutory License.  (1) A transmitting organization entitled to
+transmit to the public a performance of a sound recording under the
+limitation on exclusive rights specified by section 114(d)(1)(C)(iv) or
+under a statutory license in accordance with section 114(f) is entitled
+to a statutory license, under the conditions specified by this
+subsection, to make no more than 1 phonorecord of the sound recording
+(unless the terms and conditions of the statutory license allow for
+more), if the following conditions are satisfied:
+
+(A) The phonorecord is retained and used solely by the transmitting
+organization that made it, and no further phonorecords are reproduced
+from it.
+
+(B) The phonorecord is used solely for the transmitting organization's
+own transmissions originating in the United States under a statutory
+license in accordance with section 114(f) or the limitation on exclusive
+rights specified by section 114(d)(1)(C)(iv).
+
+(C) Unless preserved exclusively for purposes of archival preservation,
+the phonorecord is destroyed within 6 months from the date the sound
+recording was first transmitted to the public using the phonorecord.
+
+(D) Phonorecords of the sound recording have been distributed to the
+public under the authority of the copyright owner or the copyright owner
+authorizes the transmitting entity to transmit the sound recording, and
+the transmitting entity makes the phonorecord under this subsection from
+a phonorecord lawfully made and acquired under the authority of the
+copyright owner.
+
+(2) Notwithstanding any provision of the antitrust laws, any copyright
+owners of sound recordings and any transmitting organizations entitled
+to a statutory license under this subsection may negotiate and agree
+upon royalty rates and license terms and conditions for making
+phonorecords of such sound recordings under this section and the
+proportionate division of fees paid among copyright owners, and may
+designate common agents to negotiate, agree to, pay, or receive such
+royalty payments.
+
+(3) No later than 30 days after the date of the enactment of the Digital
+Millennium Copyright Act, the Librarian of Congress shall cause notice
+to be published in the Federal Register of the initiation of voluntary
+negotiation proceedings for the purpose of determining reasonable terms
+and rates of royalty payments for the activities specified by paragraph
+(1) of this subsection during the period beginning on the date of the
+enactment of such Act and ending on December 31, 2000, or such other
+date as the parties may agree. Such rates shall include a minimum fee
+for each type of service offered by transmitting organizations. Any
+copyright owners of sound recordings or any transmitting organizations
+entitled to a statutory license under this subsection may submit to the
+Librarian of Congress licenses covering such activities with respect to
+such sound recordings. The parties to each negotiation proceeding shall
+bear their own costs.
+
+(4) In the absence of license agreements negotiated under paragraph (2),
+during the 60-day period commencing 6 months after publication of the
+notice specified in paragraph (3), and upon the filing of a petition in
+accordance with section 803(a)(1), the Librarian of Congress shall,
+pursuant to chapter 8, convene a copyright arbitration royalty panel to
+determine and publish in the Federal Register a schedule of reasonable
+rates and terms which, subject to paragraph (5), shall be binding on all
+copyright owners of sound recordings and transmitting organizations
+entitled to a statutory license under this subsection during the period
+beginning on the date of the enactment of the Digital Millennium
+Copyright Act and ending on December 31, 2000, or such other date as the
+parties may agree. Such rates shall include a minimum fee for each type
+of service offered by transmitting organizations. The copyright
+arbitration royalty panel shall establish rates that most clearly
+represent the fees that would have been negotiated in the marketplace
+between a willing buyer and a willing seller. In determining such rates
+and terms, the copyright arbitration royalty panel shall base its
+decision on economic, competitive, and programming information presented
+by the parties, including-
+
+(A) whether use of the service may substitute for or may promote the
+sales of phonorecords or otherwise interferes with or enhances the
+copyright owner's traditional streams of revenue; and
+
+(B) the relative roles of the copyright owner and the transmitting
+organization in the copyrighted work and the service made available to
+the public with respect to relative creative contribution, technological
+contribution, capital investment, cost, and risk.
+
+In establishing such rates and terms, the copyright arbitration royalty
+panel may consider the rates and terms under voluntary license
+agreements negotiated as provided in paragraphs (2) and (3). The
+Librarian of Congress shall also establish requirements by which
+copyright owners may receive reasonable notice of the use of their sound
+recordings under this section, and under which records of such use shall
+be kept and made available by transmitting organizations entitled to
+obtain a statutory license under this subsection.
+
+(5) License agreements voluntarily negotiated at any time between 1 or
+more copyright owners of sound recordings and 1 or more transmitting
+organizations entitled to obtain a statutory license under this
+subsection shall be given effect in lieu of any determination by a
+copyright arbitration royalty panel or decision by the Librarian of
+Congress.
+
+(6) Publication of a notice of the initiation of voluntary negotiation
+proceedings as specified in paragraph (3) shall be repeated, in
+accordance with regulations that the Librarian of Congress shall
+prescribe, in the first week of January 2000, and at 2-year intervals
+thereafter, except to the extent that different years for the repeating
+of such proceedings may be determined in accordance with paragraph (3).
+The procedures specified in paragraph (4) shall be repeated, in
+accordance with regulations that the Librarian of Congress shall
+prescribe, upon filing of a petition in accordance with section 803(a)
+(1), during a 60-day period commencing on July 1, 2000, and at 2-year
+intervals thereafter, except to the extent that different years for the
+repeating of such proceedings may be determined in accordance with
+paragraph (3). The procedures specified in paragraph (4) shall be
+concluded in accordance with section 802.
+
+(7)(A) Any person who wishes to make a phonorecord of a sound recording
+under a statutory license in accordance with this subsection may do so
+without infringing the exclusive right of the copyright owner of the
+sound recording under section 106(1)
+
+(i) by complying with such notice requirements as the Librarian of
+Congress shall prescribe by regulation and by paying royalty fees in
+accordance with this subsection; or
+
+(ii) if such royalty fees have not been set, by agreeing to pay such
+royalty fees as shall be determined in accordance with this subsection.
+
+(B) Any royalty payments in arrears shall be made on or before the 20th
+day of the month next succeeding the month in which the royalty fees are
+set.
+
+(8) If a transmitting organization entitled to make a phonorecord under
+this subsection is prevented from making such phonorecord by reason of
+the application by the copyright owner of technical measures that
+prevent the reproduction of the sound recording, the copyright owner
+shall make available to the transmitting organization the necessary
+means for permitting the making of such phonorecord as permitted under
+this subsection, if it is technologically feasible and economically
+reasonable for the copyright owner to do so. If the copyright owner
+fails to do so in a timely manner in light of the transmitting
+organization's reasonable business requirements, the transmitting
+organization shall not be liable for a violation of section 1201(a)(1)
+of this title for engaging in such activities as are necessary to make
+such phonorecords as permitted under this subsection.
+
+(9) Nothing in this subsection annuls, limits, impairs, or otherwise
+affects in any way the existence or value of any of the exclusive rights
+of the copyright owners in a sound recording, except as otherwise
+provided in this subsection, or in a musical work, including the
+exclusive rights to reproduce and distribute a sound recording or
+musical work, including by means of a digital phonorecord delivery,
+under section 106(1), 106(3), and 115, and the right to perform publicly
+a sound recording or musical work, including by means of a digital audio
+transmission, under sections 106(4) and 106(6).
+
+(f) The transmission program embodied in a copy or phonorecord made
+under this section is not subject to protection as a derivative work
+under this title except with the express consent of the owners of
+copyright in the preexisting works employed in the program.
+
+
+Section 113. Scope of exclusive rights in pictorial, graphic, and
+sculptural works [45]
+
+(a) Subject to the provisions of subsections (b) and (c) of this
+section, the exclusive right to reproduce a copyrighted pictorial,
+graphic, or sculptural work in copies under section 106 includes the
+right to reproduce the work in or on any kind of article, whether useful
+or otherwise.
+
+(b) This title does not afford, to the owner of copyright in a work that
+portrays a useful article as such, any greater or lesser rights with
+respect to the making, distribution, or display of the useful article so
+portrayed than those afforded to such works under the law, whether title
+17 or the common law or statutes of a State, in effect on December 31,
+1977, as held applicable and construed by a court in an action brought
+under this title.
+
+(c) In the case of a work lawfully reproduced in useful articles that
+have been offered for sale or other distribution to the public,
+copyright does not include any right to prevent the making,
+distribution, or display of pictures or photographs of such articles in
+connection with advertisements or commentaries related to the
+distribution or display of such articles, or in connection with news
+reports.
+
+(d)(1) In a case in which-
+
+(A) a work of visual art has been incorporated in or made part of a
+building in such a way that removing the work from the building will
+cause the destruction, distortion, mutilation, or other modification of
+the work as described in section 106A(a)(3), and
+
+(B) the author consented to the installation of the work in the building
+either before the effective date set forth in section 610(a) of the
+Visual Artists Rights Act of 1990, or in a written instrument executed
+on or after such effective date that is signed by the owner of the
+building and the author and that specifies that installation of the work
+may subject the work to destruction, distortion, mutilation, or other
+modification, by reason of its removal,
+
+then the rights conferred by paragraphs (2) and (3) of section 106A(a)
+shall not apply.
+
+(2) If the owner of a building wishes to remove a work of visual art
+which is a part of such building and which can be removed from the
+building without the destruction, distortion, mutilation, or other
+modification of the work as described in section 106A(a)(3), the
+author's rights under paragraphs (2) and (3) of section 106A(a) shall
+apply unless-
+
+(A) the owner has made a diligent, good faith attempt without success to
+notify the author of the owner's intended action affecting the work of
+visual art, or
+
+(B) the owner did provide such notice in writing and the person so
+notified failed, within 90 days after receiving such notice, either to
+remove the work or to pay for its removal.
+
+For purposes of subparagraph (A), an owner shall be presumed to have
+made a diligent, good faith attempt to send notice if the owner sent
+such notice by registered mail to the author at the most recent address
+of the author that was recorded with the Register of Copyrights pursuant
+to paragraph (3). If the work is removed at the expense of the author,
+title to that copy of the work shall be deemed to be in the author.
+
+(3) The Register of Copyrights shall establish a system of records
+whereby any author of a work of visual art that has been incorporated in
+or made part of a building, may record his or her identity and address
+with the Copyright Office. The Register shall also establish procedures
+under which any such author may update the information so recorded, and
+procedures under which owners of buildings may record with the Copyright
+Office evidence of their efforts to comply with this subsection.
+
+
+Section 114. Scope of exclusive rights in sound recordings [46]
+
+(a) The exclusive rights of the owner of copyright in a sound recording
+are limited to the rights specified by clauses (1), (2), (3) and (6) of
+section 106, and do not include any right of performance under section
+106(4).
+
+(b) The exclusive right of the owner of copyright in a sound recording
+under clause (1) of section 106 is limited to the right to duplicate the
+sound recording in the form of phonorecords or copies that directly or
+indirectly recapture the actual sounds fixed in the recording. The
+exclusive right of the owner of copyright in a sound recording under
+clause (2) of section 106 is limited to the right to prepare a
+derivative work in which the actual sounds fixed in the sound recording
+are rearranged, remixed, or otherwise altered in sequence or quality.
+The exclusive rights of the owner of copyright in a sound recording
+under clauses (1) and (2) of section 106 do not extend to the making or
+duplication of another sound recording that consists entirely of an
+independent fixation of other sounds, even though such sounds imitate or
+simulate those in the copyrighted sound recording. The exclusive rights
+of the owner of copyright in a sound recording under clauses (1), (2),
+and (3) of section 106 do not apply to sound recordings included in
+educational television and radio programs (as defined in section 397 of
+title 47) distributed or transmitted by or through public broadcasting
+entities (as defined by section 118(g)): *Provided*, That copies or
+phonorecords of said programs are not commercially distributed by or
+through public broadcasting entities to the general public.
+
+(c) This section does not limit or impair the exclusive right to perform
+publicly, by means of a phonorecord, any of the works specified by
+section 106(4).
+
+(d) Limitations on Exclusive Right.   Notwithstanding the provisions of
+section 106(6)-
+
+(1) Exempt transmissions and retransmissions.  The performance of a sound
+recording publicly by means of a digital audio transmission, other than
+as a part of an interactive service, is not an infringement of section
+106(6) if the performance is part of-
+
+(A) a nonsubscription broadcast transmission;
+
+(B) a retransmission of a nonsubscription broadcast transmission:
+*Provided*, That, in the case of a retransmission of a radio station's
+broadcast transmission-
+
+(i) the radio station's broadcast transmission is not willfully or
+repeatedly retransmitted more than a radius of 150 miles from the site
+of the radio broadcast transmitter, however-
+
+(I) the 150 mile limitation under this clause shall not apply when a
+nonsubscription broadcast transmission by a radio station licensed by
+the Federal Communications Commission is retransmitted on a non-
+subscription basis by a terrestrial broadcast station, terrestrial
+translator, or terrestrial repeater licensed by the Federal
+Communications Commission; and
+
+(II) in the case of a subscription retransmission of a non-subscription
+broadcast retransmission covered by subclause (I), the 150 mile radius
+shall be measured from the transmitter site of such broadcast
+retransmitter;
+
+(ii) the retransmission is of radio station broadcast transmissions that
+are
+
+(I) obtained by the retransmitter over the air;
+
+(II) not electronically processed by the retransmitter to deliver
+separate and discrete signals; and
+
+(III) retransmitted only within the local communities served by the
+retransmitter;
+
+(iii) the radio station's broadcast transmission was being retransmitted
+to cable systems (as defined in section 111(f)) by a satellite carrier
+on January 1, 1995, and that retransmission was being retransmitted by
+cable systems as a separate and discrete signal, and the satellite
+carrier obtains the radio station's broadcast transmission in an analog
+format: *Provided*, That the broadcast transmission being retransmitted
+may embody the programming of no more than one radio station; or
+
+(iv) the radio station's broadcast transmission is made by a
+noncommercial educational broadcast station funded on or after January
+1, 1995, under section 396(k) of the Communications Act of 1934 (47
+U.S.C. 396(k)), consists solely of noncommercial educational and
+cultural radio programs, and the retransmission, whether or not
+simultaneous, is a nonsubscription terrestrial broadcast retransmission;
+or
+
+(C) a transmission that comes within any of the following categories-
+
+(i) a prior or simultaneous transmission incidental to an exempt
+transmission, such as a feed received by and then retransmitted by an
+exempt transmitter: *Provided*, That such incidental transmissions do
+not include any subscription transmission directly for reception by
+members of the public;
+
+(ii) a transmission within a business establishment, confined to its
+premises or the immediately surrounding vicinity;
+
+(iii) a retransmission by any retransmitter, including a multichannel
+video programming distributor as defined in section 602(12) of the
+Communications Act of 1934 (47 U.S.C. 522 (12)), of a transmission by a
+transmitter licensed to publicly perform the sound recording as a part
+of that transmission, if the retransmission is simultaneous with the
+licensed transmission and authorized by the transmitter; or
+
+(iv) a transmission to a business establishment for use in the ordinary
+course of its business: *Provided*, That the business recipient does not
+retransmit the transmission outside of its premises or the immediately
+surrounding vicinity, and that the transmission does not exceed the
+sound recording performance complement. Nothing in this clause shall
+limit the scope of the exemption in clause (ii).
+
+(2) Statutory licensing of certain transmissions.-
+
+The performance of a sound recording publicly by means of a subscription
+digital audio transmission not exempt under paragraph (1), an eligible
+nonsubscription transmission, or a transmission not exempt under
+paragraph (1) that is made by a preexisting satellite digital audio
+radio service shall be subject to statutory licensing, in accordance
+with subsection (f) if-
+
+(A)(i) the transmission is not part of an interactive service;
+
+(ii) except in the case of a transmission to a business establishment,
+the transmitting entity does not automatically and intentionally cause
+any device receiving the transmission to switch from one program channel
+to another; and
+
+(iii) except as provided in section 1002(e), the transmission of the
+sound recording is accompanied, if technically feasible, by the
+information encoded in that sound recording, if any, by or under the
+authority of the copyright owner of that sound recording, that
+identifies the title of the sound recording, the featured recording
+artist who performs on the sound recording, and related information,
+including information concerning the underlying musical work and its
+writer;
+
+(B) in the case of a subscription transmission not exempt under
+paragraph (1) that is made by a preexisting subscription service in the
+same transmission medium used by such service on July 31, 1998, or in
+the case of a transmission not exempt under paragraph (1) that is made
+by a preexisting satellite digital audio radio service-
+
+(i) the transmission does not exceed the sound recording performance
+complement; and
+
+(ii) the transmitting entity does not cause to be published by means of
+an advance program schedule or prior announcement the titles of the
+specific sound recordings or phonorecords embodying such sound
+recordings to be transmitted; and
+
+(C) in the case of an eligible nonsubscription transmission or a
+subscription transmission not exempt under paragraph (1) that is made by
+a new subscription service or by a preexisting subscription service
+other than in the same transmission medium used by such service on July
+31, 1998-
+
+(i) the transmission does not exceed the sound recording performance
+complement, except that this requirement shall not apply in the case of
+a retransmission of a broadcast transmission if the retransmission is
+made by a transmitting entity that does not have the right or ability to
+control the programming of the broadcast station making the broadcast
+transmission, unless-
+
+(I) the broadcast station makes broadcast transmissions-
+
+(aa) in digital format that regularly exceed the sound recording
+performance complement; or
+
+(bb) in analog format, a substantial portion of which, on a weekly
+basis, exceed the sound recording performance complement; and
+
+(II) the sound recording copyright owner or its representative has
+notified the transmitting entity in writing that broadcast transmissions
+of the copyright owner's sound recordings exceed the sound recording
+performance complement as provided in this clause;
+
+(ii) the transmitting entity does not cause to be published, or induce
+or facilitate the publication, by means of an advance program schedule
+or prior announcement, the titles of the specific sound recordings to be
+transmitted, the phonorecords embodying such sound recordings, or, other
+than for illustrative purposes, the names of the featured recording
+artists, except that this clause does not disqualify a transmitting
+entity that makes a prior announcement that a particular artist will be
+featured within an unspecified future time period, and in the case of a
+retransmission of a broadcast transmission by a transmitting entity that
+does not have the right or ability to control the programming of the
+broadcast transmission, the requirement of this clause shall not apply
+to a prior oral announcement by the broadcast station, or to an advance
+program schedule published, induced, or facilitated by the broadcast
+station, if the transmitting entity does not have actual knowledge and
+has not received written notice from the copyright owner or its
+representative that the broadcast station publishes or induces or
+facilitates the publication of such advance program schedule, or if such
+advance program schedule is a schedule of classical music programming
+published by the broadcast station in the same manner as published by
+that broadcast station on or before September 30, 1998;
+
+(iii) the transmission-
+
+(I) is not part of an archived program of less than 5 hours duration;
+
+(II) is not part of an archived program of 5 hours or greater in
+duration that is made available for a period exceeding 2 weeks;
+
+(III) is not part of a continuous program which is of less than 3 hours
+duration; or
+
+(IV) is not part of an identifiable program in which performances of
+sound recordings are rendered in a predetermined order, other than an
+archived or continuous program, that is transmitted at-
+
+(aa) more than 3 times in any 2-week period that have been publicly
+announced in advance, in the case of a program of less than 1 hour in
+duration, or
+
+(bb) more than 4 times in any 2-week period that have been publicly
+announced in advance, in the case of a program of 1 hour or more in
+duration, except that the requirement of this subclause shall not apply
+in the case of a retransmission of a broadcast transmission by a
+transmitting entity that does not have the right or ability to control
+the programming of the broadcast transmission, unless the transmitting
+entity is given notice in writing by the copyright owner of the sound
+recording that the broadcast station makes broadcast transmissions that
+regularly violate such requirement;
+
+(iv) the transmitting entity does not knowingly perform the sound
+recording, as part of a service that offers transmissions of visual
+images contemporaneously with transmissions of sound recordings, in a
+manner that is likely to cause confusion, to cause mistake, or to
+deceive, as to the affiliation, connection, or association of the
+copyright owner or featured recording artist with the transmitting
+entity or a particular product or service advertised by the transmitting
+entity, or as to the origin, sponsorship, or approval by the copyright
+owner or featured recording artist of the activities of the transmitting
+entity other than the performance of the sound recording itself;
+
+(v) the transmitting entity cooperates to prevent, to the extent
+feasible without imposing substantial costs or burdens, a transmission
+recipient or any other person or entity from automatically scanning the
+transmitting entity's transmissions alone or together with transmissions
+by other transmitting entities in order to select a particular sound
+recording to be transmitted to the transmission recipient, except that
+the requirement of this clause shall not apply to a satellite digital
+audio service that is in operation, or that is licensed by the Federal
+Communications Commission, on or before July 31, 1998;
+
+(vi) the transmitting entity takes no affirmative steps to cause or
+induce the making of a phonorecord by the transmission recipient, and if
+the technology used by the transmitting entity enables the transmitting
+entity to limit the making by the transmission recipient of phonorecords
+of the transmission directly in a digital format, the transmitting
+entity sets such technology to limit such making of phonorecords to the
+extent permitted by such technology;
+
+(vii) phonorecords of the sound recording have been distributed to the
+public under the authority of the copyright owner or the copyright owner
+authorizes the transmitting entity to transmit the sound recording, and
+the transmitting entity makes the transmission from a phonorecord
+lawfully made under the authority of the copyright owner, except that
+the requirement of this clause shall not apply to a retransmission of a
+broadcast transmission by a transmitting entity that does not have the
+right or ability to control the programming of the broadcast
+transmission, unless the transmitting entity is given notice in writing
+by the copyright owner of the sound recording that the broadcast station
+makes broadcast transmissions that regularly violate such requirement;
+
+(viii) the transmitting entity accommodates and does not interfere with
+the transmission of technical measures that are widely used by sound
+recording copyright owners to identify or protect copyrighted works, and
+that are technically feasible of being transmitted by the transmitting
+entity without imposing substantial costs on the transmitting entity or
+resulting in perceptible aural or visual degradation of the digital
+signal, except that the requirement of this clause shall not apply to a
+satellite digital audio service that is in operation, or that is
+licensed under the authority of the Federal Communications Commission,
+on or before July 31, 1998, to the extent that such service has
+designed, developed, or made commitments to procure equipment or
+technology that is not compatible with such technical measures before
+such technical measures are widely adopted by sound recording copyright
+owners; and
+
+(ix) the transmitting entity identifies in textual data the sound
+recording during, but not before, the time it is performed, including
+the title of the sound recording, the title of the phonorecord embodying
+such sound recording, if any, and the featured recording artist, in a
+manner to permit it to be displayed to the transmission recipient by the
+device or technology intended for receiving the service provided by the
+transmitting entity, except that the obligation in this clause shall not
+take effect until 1 year after the date of the enactment of the Digital
+Millennium Copyright Act and shall not apply in the case of a
+retransmission of a broadcast transmission by a transmitting entity that
+does not have the right or ability to control the programming of the
+broadcast transmission, or in the case in which devices or technology
+intended for receiving the service provided by the transmitting entity
+that have the capability to display such textual data are not common in
+the marketplace.
+
+(3) Licenses for transmissions by interactive services.-
+
+(A) No interactive service shall be granted an exclusive license under
+section 106(6) for the performance of a sound recording publicly by
+means of digital audio transmission for a period in excess of 12 months,
+except that with respect to an exclusive license granted to an
+interactive service by a licensor that holds the copyright to 1,000 or
+fewer sound recordings, the period of such license shall not exceed 24
+months: *Provided, however*, That the grantee of such exclusive license
+shall be ineligible to receive another exclusive license for the
+performance of that sound recording for a period of 13 months from the
+expiration of the prior exclusive license.
+
+(B) The limitation set forth in subparagraph (A) of this paragraph shall
+not apply if-
+
+(i) the licensor has granted and there remain in effect licenses under
+section 106(6) for the public performance of sound recordings by means
+of digital audio transmission by at least 5 different interactive
+services; *Provided, however*, That each such license must be for a
+minimum of 10 percent of the copyrighted sound recordings owned by the
+licensor that have been licensed to interactive services, but in no
+event less than 50 sound recordings; or
+
+(ii) the exclusive license is granted to perform publicly up to 45
+seconds of a sound recording and the sole purpose of the performance is
+to promote the distribution or performance of that sound recording.
+
+(C) Notwithstanding the grant of an exclusive or nonexclusive license of
+the right of public performance under section 106(6), an interactive
+service may not publicly perform a sound recording unless a license has
+been granted for the public performance of any copyrighted musical work
+contained in the sound recording: *Provided*, That such license to
+publicly perform the copyrighted musical work may be granted either by a
+performing rights society representing the copyright owner or by the
+copyright owner.
+
+(D) The performance of a sound recording by means of a retransmission of
+a digital audio transmission is not an infringement of section 106(6)
+if-
+
+(i) the retransmission is of a transmission by an interactive service
+licensed to publicly perform the sound recording to a particular member
+of the public as part of that transmission; and
+
+(ii) the retransmission is simultaneous with the licensed transmission,
+authorized by the transmitter, and limited to that particular member of
+the public intended by the interactive service to be the recipient of
+the transmission.
+
+(E) For the purposes of this paragraph-
+
+(i) a "licensor" shall include the licensing entity and any other entity
+under any material degree of common ownership, management, or control
+that owns copyrights in sound recordings; and
+
+(ii) a "performing rights society" is an association or corporation that
+licenses the public performance of nondramatic musical works on behalf
+of the copyright owner, such as the American Society of Composers,
+Authors and Publishers, Broadcast Music, Inc., and SESAC, Inc.
+
+(4) Rights not otherwise limited.-
+
+(A) Except as expressly provided in this section, this section does not
+limit or impair the exclusive right to perform a sound recording
+publicly by means of a digital audio transmission under section 106(6).
+
+(B) Nothing in this section annuls or limits in any way-
+
+(i) the exclusive right to publicly perform a musical work, including by
+means of a digital audio transmission, under section 106(4);
+
+(ii) the exclusive rights in a sound recording or the musical work
+embodied therein under sections 106(1), 106(2) and 106(3); or
+
+(iii) any other rights under any other clause of section 106, or
+remedies available under this title as such rights or remedies exist
+either before or after the date of enactment of the Digital Performance
+Right in Sound Recordings Act of 1995.
+
+(C) Any limitations in this section on the exclusive right under section
+106(6) apply only to the exclusive right under section 106(6) and not to
+any other exclusive rights under section 106. Nothing in this section
+shall be construed to annul, limit, impair or otherwise affect in any
+way the ability of the owner of a copyright in a sound recording to
+exercise the rights under sections 106(1), 106(2) and 106(3), or to
+obtain the remedies available under this title pursuant to such rights,
+as such rights and remedies exist either before or after the date of
+enactment of the Digital Performance Right in Sound Recordings Act of
+1995.
+
+(e) Authority for Negotiations.-
+
+(1) Notwithstanding any provision of the antitrust laws, in negotiating
+statutory licenses in accordance with subsection (f), any copyright
+owners of sound recordings and any entities performing sound recordings
+affected by this section may negotiate and agree upon the royalty rates
+and license terms and conditions for the performance of such sound
+recordings and the proportionate division of fees paid among copyright
+owners, and may designate common agents on a nonexclusive basis to
+negotiate, agree to, pay, or receive payments.
+
+(2) For licenses granted under section 106(6), other than statutory
+licenses, such as for performances by interactive services or
+performances that exceed the sound recording performance complement
+
+(A) copyright owners of sound recordings affected by this section may
+designate common agents to act on their behalf to grant licenses and
+receive and remit royalty payments: *Provided*, That each copyright
+owner shall establish the royalty rates and material license terms and
+conditions unilaterally, that is, not in agreement, combination, or
+concert with other copyright owners of sound recordings; and
+
+(B) entities performing sound recordings affected by this section may
+designate common agents to act on their behalf to obtain licenses and
+collect and pay royalty fees: *Provided*, That each entity performing
+sound recordings shall determine the royalty rates and material license
+terms and conditions unilaterally, that is, not in agreement,
+combination, or concert with other entities performing sound recordings.
+
+(f) Licenses for Certain Nonexempt Transmissions. [47]
+
+(1)(A) [48] No later than 30 days after the enactment of the Digital
+Performance Right in Sound Recordings Act of 1995, the Librarian of
+Congress shall cause notice to be published in the Federal Register of
+the initiation of voluntary negotiation proceedings for the purpose of
+determining reasonable terms and rates of royalty payments for
+subscription transmissions by preexisting subscription services and
+transmissions by preexisting satellite digital audio radio services
+specified by subsection (d)(2) of this section during the period
+beginning on the effective date of such Act and ending on December 31,
+2001, or, if a copyright arbitration royalty panel is convened, ending
+30 days after the Librarian issues and publishes in the Federal Register
+an order adopting the determination of the copyright arbitration royalty
+panel or an order setting the terms and rates (if the Librarian rejects
+the panel's determination). Such terms and rates shall distinguish among
+the different types of digital audio transmission services then in
+operation. Any copyright owners of sound recordings, preexisting
+subscription services, or preexisting satellite digital audio radio
+services may submit to the Librarian of Congress licenses covering such
+subscription transmissions with respect to such sound recordings. The
+parties to each negotiation proceeding shall bear their own costs.
+
+(B) In the absence of license agreements negotiated under subparagraph
+(A), during the 60-day period commencing 6 months after publication of
+the notice specified in subparagraph (A), and upon the filing of a
+petition in accordance with section 803(a)(1), the Librarian of Congress
+shall, pursuant to chapter 8, convene a copyright arbitration royalty
+panel to determine and publish in the Federal Register a schedule of
+rates and terms which, subject to paragraph (3), shall be binding on all
+copyright owners of sound recordings and entities performing sound
+recordings affected by this paragraph. In establishing rates and terms
+for preexisting subscription services and preexisting satellite digital
+audio radio services, in addition to the objectives set forth in section
+801(b)(1), the copyright arbitration royalty panel may consider the
+rates and terms for comparable types of subscription digital audio
+transmission services and comparable circumstances under voluntary
+license agreements negotiated as provided in subparagraph (A).
+
+(C)(i) Publication of a notice of the initiation of voluntary
+negotiation proceedings as specified in subparagraph (A) shall be
+repeated, in accordance with regulations that the Librarian of Congress
+shall prescribe-
+
+(I) no later than 30 days after a petition is filed by any copyright
+owners of sound recordings, any preexisting subscription services, or
+any preexisting satellite digital audio radio services indicating that a
+new type of subscription digital audio transmission service on which
+sound recordings are performed is or is about to become operational; and
+
+(II) in the first week of January 2001, and at 5-year intervals
+thereafter.
+
+(ii) The procedures specified in subparagraph (B) shall be repeated, in
+accordance with regulations that the Librarian of Congress shall
+prescribe, upon filing of a petition in accordance with section 803(a)
+(1) during a 60-day period commencing-
+
+(I) 6 months after publication of a notice of the initiation of
+voluntary negotiation proceedings under subparagraph (A) pursuant to a
+petition under clause (i)(I) of this subparagraph; or
+
+(II) on July 1, 2001, and at 5-year intervals thereafter.
+
+(iii) The procedures specified in subparagraph (B) shall be concluded in
+accordance with section 802.
+
+(2)(A) No later than 30 days after the date of the enactment of the
+Digital Millennium Copyright Act, the Librarian of Congress shall cause
+notice to be published in the Federal Register of the initiation of
+voluntary negotiation proceedings for the purpose of determining
+reasonable terms and rates of royalty payments for public performances
+of sound recordings by means of eligible nonsubscription transmissions
+and transmissions by new subscription services specified by subsection
+(d)(2) during the period beginning on the date of the enactment of such
+Act and ending on December 31, 2000, or such other date as the parties
+may agree. Such rates and terms shall distinguish among the different
+types of eligible nonsubscription transmission services and new
+subscription services then in operation and shall include a minimum fee
+for each such type of service. Any copyright owners of sound recordings
+or any entities performing sound recordings affected by this paragraph
+may submit to the Librarian of Congress licenses covering such eligible
+nonsubscription transmissions and new subscription services with respect
+to such sound recordings. The parties to each negotiation proceeding
+shall bear their own costs.
+
+(B) In the absence of license agreements negotiated under subparagraph
+(A), during the 60-day period commencing 6 months after publication of
+the notice specified in subparagraph (A), and upon the filing of a
+petition in accordance with section 803(a)(1), the Librarian of Congress
+shall, pursuant to chapter 8, convene a copyright arbitration royalty
+panel to determine and publish in the Federal Register a schedule of
+rates and terms which, subject to paragraph (3), shall be binding on all
+copyright owners of sound recordings and entities performing sound
+recordings affected by this paragraph during the period beginning on the
+date of the enactment of the Digital Millennium Copyright Act and ending
+on December 31, 2000, or such other date as the parties may agree. Such
+rates and terms shall distinguish among the different types of eligible
+nonsubscription transmission services then in operation and shall
+include a minimum fee for each such type of service, such differences to
+be based on criteria including, but not limited to, the quantity and
+nature of the use of sound recordings and the degree to which use of the
+service may substitute for or may promote the purchase of phonorecords
+by consumers. In establishing rates and terms for transmissions by
+eligible nonsubscription services and new subscription services, the
+copyright arbitration royalty panel shall establish rates and terms that
+most clearly represent the rates and terms that would have been
+negotiated in the marketplace between a willing buyer and a willing
+seller. In determining such rates and terms, the copyright arbitration
+royalty panel shall base its decision on economic, competitive and
+programming information presented by the parties, including-
+
+(i) whether use of the service may substitute for or may promote the
+sales of phonorecords or otherwise may interfere with or may enhance the
+sound recording copyright owner's other streams of revenue from its
+sound recordings; and
+
+(ii) the relative roles of the copyright owner and the transmitting
+entity in the copyrighted work and the service made available to the
+public with respect to relative creative contribution, technological
+contribution, capital in-vestment, cost, and risk.
+
+In establishing such rates and terms, the copyright arbitration royalty
+panel may consider the rates and terms for comparable types of digital
+audio transmission services and comparable circumstances under voluntary
+license agreements negotiated under subparagraph (A).
+
+(C)(i) Publication of a notice of the initiation of voluntary
+negotiation proceedings as specified in subparagraph (A) shall be
+repeated in accordance with regulations that the Librarian of Congress
+shall prescribe-
+
+(I) no later than 30 days after a petition is filed by any copyright
+owners of sound recordings or any eligible nonsubscription service or
+new subscription service indicating that a new type of eligible
+nonsubscription service or new subscription service on which sound
+recordings are performed is or is about to become operational; and
+
+(II) in the first week of January 2000, and at 2-year intervals
+thereafter, except to the extent that different years for the repeating
+of such proceedings may be determined in accordance with subparagraph
+(A).
+
+(ii) The procedures specified in subparagraph (B) shall be repeated, in
+accordance with regulations that the Librarian of Congress shall
+prescribe, upon filing of a petition in accordance with section 803(a)
+(1) during a 60-day period commencing-
+
+(I) 6 months after publication of a notice of the initiation of
+voluntary negotiation proceedings under subparagraph (A) pursuant to a
+petition under clause (i)(I); or
+
+(II) on July 1, 2000, and at 2-year intervals thereafter, except to the
+extent that different years for the repeating of such proceedings may be
+determined in accordance with subparagraph (A).
+
+(iii) The procedures specified in subparagraph (B) shall be concluded in
+accordance with section 802.
+
+(3) License agreements voluntarily negotiated at any time between 1 or
+more copyright owners of sound recordings and 1 or more entities
+performing sound recordings shall be given effect in lieu of any
+determination by a copyright arbitration royalty panel or decision by
+the Librarian of Congress.
+
+(4)(A) The Librarian of Congress shall also establish requirements by
+which copyright owners may receive reasonable notice of the use of their
+sound recordings under this section, and under which records of such use
+shall be kept and made available by entities performing sound
+recordings.
+
+(B) Any person who wishes to perform a sound recording publicly by means
+of a transmission eligible for statutory licensing under this subsection
+may do so without infringing the exclusive right of the copyright owner
+of the sound recording-
+
+(i) by complying with such notice requirements as the Librarian of
+Congress shall prescribe by regulation and by paying royalty fees in
+accordance with this subsection; or
+
+(ii) if such royalty fees have not been set, by agreeing to pay such
+royalty fees as shall be determined in accordance with this subsection.
+
+(C) Any royalty payments in arrears shall be made on or before the
+twentieth day of the month next succeeding the month in which the
+royalty fees are set.
+
+(g) Proceeds From Licensing of Transmissions.-
+
+(1) Except in the case of a transmission licensed under a statutory
+license in accordance with subsection (f) of this section-
+
+(A) a featured recording artist who performs on a sound recording that
+has been licensed for a transmission shall be entitled to receive
+payments from the copyright owner of the sound recording in accordance
+with the terms of the artist's contract; and
+
+(B) a nonfeatured recording artist who performs on a sound recording
+that has been licensed for a transmission shall be entitled to receive
+payments from the copyright owner of the sound recording in accordance
+with the terms of the nonfeatured recording artist's applicable contract
+or other applicable agreement.
+
+(2) The copyright owner of the exclusive right under section 106(6) of
+this title to publicly perform a sound recording by means of a digital
+audio transmission shall allocate to recording artists in the following
+manner its receipts from the statutory licensing of transmission
+performances of the sound recording in accordance with subsection (f) of
+this section:
+
+(A) 21/2 percent of the receipts shall be deposited in an escrow account
+managed by an independent administrator jointly appointed by copyright
+owners of sound recordings and the American Federation of Musicians (or
+any successor entity) to be distributed to nonfeatured musicians
+(whether or not members of the American Federation of Musicians) who
+have performed on sound recordings.
+
+(B) 21/2 percent of the receipts shall be deposited in an escrow account
+managed by an independent administrator jointly appointed by copyright
+owners of sound recordings and the American Federation of Television and
+Radio Artists (or any successor entity) to be distributed to nonfeatured
+vocalists (whether or not members of the American Federation of
+Television and Radio Artists) who have performed on sound recordings.
+
+(C) 45 percent of the receipts shall be allocated, on a per sound
+recording basis, to the recording artist or artists featured on such
+sound recording (or the persons conveying rights in the artists'
+performance in the sound recordings).
+
+(h) Licensing to Affiliates.-
+
+(1) If the copyright owner of a sound recording licenses an affiliated
+entity the right to publicly perform a sound recording by means of a
+digital audio transmission under section 106(6), the copyright owner
+shall make the licensed sound recording available under section 106(6)
+on no less favorable terms and conditions to all bona fide entities that
+offer similar services, except that, if there are material differences
+in the scope of the requested license with respect to the type of
+service, the particular sound recordings licensed, the frequency of use,
+the number of subscribers served, or the duration, then the copyright
+owner may establish different terms and conditions for such other
+services.
+
+(2) The limitation set forth in paragraph (1) of this subsection shall
+not apply in the case where the copyright owner of a sound recording
+licenses-
+
+(A) an interactive service; or
+
+(B) an entity to perform publicly up to 45 seconds of the sound
+recording and the sole purpose of the performance is to promote the
+distribution or performance of that sound recording.
+
+(i) No Effect on Royalties for Underlying Works.  License fees payable
+for the public performance of sound recordings under section 106(6)
+shall not be taken into account in any administrative, judicial, or
+other governmental proceeding to set or adjust the royalties payable to
+copyright owners of musical works for the public performance of their
+works. It is the intent of Congress that royalties payable to copyright
+owners of musical works for the public performance of their works shall
+not be diminished in any respect as a result of the rights granted by
+section 106(6).
+
+(j) Definitions.   As used in this section, the following terms have the
+following meanings:
+
+(l) An "affiliated entity" is an entity engaging in digital audio
+transmissions covered by section 106(6), other than an interactive
+service, in which the licensor has any direct or indirect partnership or
+any ownership interest amounting to 5 percent or more of the outstanding
+voting or non-voting stock.
+
+(2) An "archived program" is a predetermined program that is available
+repeatedly on the demand of the transmission recipient and that is
+performed in the same order from the beginning, except that an archived
+program shall not include a re-corded event or broadcast transmission
+that makes no more than an incidental use of sound recordings, as long
+as such recorded event or broadcast transmission does not contain an
+entire sound recording or feature a particular sound recording.
+
+(3) A "broadcast" transmission is a transmission made by a terrestrial
+broadcast station licensed as such by the Federal Communications
+Commission.
+
+(4) A "continuous program" is a predetermined program that is
+continuously performed in the same order and that is accessed at a point
+in the program that is beyond the control of the transmission recipient.
+
+(5) A "digital audio transmission" is a digital transmission as defined
+in section 101, that embodies the transmission of a sound recording.
+This term does not include the transmission of any audiovisual work.
+
+(6) An "eligible nonsubscription transmission" is a noninteractive
+nonsubscription digital audio transmission not exempt under subsection
+(d)(1) that is made as part of a service that provides audio programming
+consisting, in whole or in part, of performances of sound recordings,
+including retransmissions of broadcast transmissions, if the primary
+purpose of the service is to provide to the public such audio or other
+entertainment programming, and the primary purpose of the service is not
+to sell, advertise, or promote particular products or services other
+than sound recordings, live concerts, or other music-related events.
+
+(7) An "interactive service" is one that enables a member of the public
+to receive a transmission of a program specially created for the
+recipient, or on request, a transmission of a particular sound
+recording, whether or not as part of a program, which is selected by or
+on behalf of the recipient. The ability of individuals to request that
+particular sound recordings be performed for reception by the public at
+large, or in the case of a subscription service, by all subscribers of
+the service, does not make a service interactive, if the programming on
+each channel of the service does not substantially consist of sound
+recordings that are performed within 1 hour of the request or at a time
+designated by either the transmitting entity or the individual making
+such request. If an entity offers both interactive and noninteractive
+services (either concurrently or at different times), the noninteractive
+component shall not be treated as part of an interactive service.
+
+(8) A "new subscription service" is a service that performs sound
+recordings by means of noninteractive subscription digital audio
+transmissions and that is not a preexisting subscription service or a
+preexisting satellite digital audio radio service.
+
+(9) A "nonsubscription" transmission is any transmission that is not a
+subscription transmission.
+
+(10) A "preexisting satellite digital audio radio service" is a
+subscription satellite digital audio radio service provided pursuant to
+a satellite digital audio radio service license issued by the Federal
+Communications Commission on or before July 31, 1998, and any renewal of
+such license to the extent of the scope of the original license, and may
+include a limited number of sample channels representative of the
+subscription service that are made available on a nonsubscription basis
+in order to promote the subscription service.
+
+(11) A "preexisting subscription service" is a service that performs
+sound recordings by means of noninteractive audio-only subscription
+digital audio transmissions, which was in existence and was making such
+transmissions to the public for a fee on or before July 31, 1998, and
+may include a limited number of sample channels representative of the
+subscription service that are made available on a nonsubscription basis
+in order to promote the subscription service.
+
+(12) A "retransmission" is a further transmission of an initial
+transmission, and includes any further retransmission of the same
+transmission. Except as provided in this section, a transmission
+qualifies as a "retransmission" only if it is simultaneous with the
+initial transmission. Nothing in this definition shall be construed to
+exempt a transmission that fails to satisfy a separate element required
+to qualify for an exemption under section 114(d)(1).
+
+(13) The "sound recording performance complement" is the transmission
+during any 3-hour period, on a particular channel used by a transmitting
+entity, of no more than-
+
+(A) 3 different selections of sound recordings from any one phonorecord
+lawfully distributed for public performance or sale in the United
+States, if no more than 2 such selections are transmitted consecutively;
+or
+
+(B) 4 different selections of sound recordings-
+
+(i) by the same featured recording artist; or
+
+(ii) from any set or compilation of phonorecords lawfully distributed
+together as a unit for public performance or sale in the United States,
+if no more than three such selections are transmitted consecutively:
+
+*Provided*, That the transmission of selections in excess of the
+numerical limits provided for in clauses (A) and (B) from multiple
+phonorecords shall nonetheless qualify as a sound recording performance
+complement if the programming of the multiple phonorecords was not
+willfully intended to avoid the numerical limitations prescribed in such
+clauses.
+
+(14) A "subscription" transmission is a transmission that is controlled
+and limited to particular recipients, and for which consideration is
+required to be paid or otherwise given by or on behalf of the recipient
+to receive the transmission or a package of transmissions including the
+transmission.
+
+(15) A "transmission" is either an initial transmission or a
+retransmission.
+
+
+Section 115. Scope of exclusive rights in nondramatic musical works:
+Compulsory license for making and distributing phonorecords [49]
+
+In the case of nondramatic musical works, the exclusive rights provided
+by clauses (1) and (3) of section 106, to make and to distribute
+phonorecords of such works, are subject to compulsory licensing under
+the conditions specified by this section.
+
+(a) Availability and Scope of Compulsory License.-
+
+(1) When phonorecords of a nondramatic musical work have been
+distributed to the public in the United States under the authority of
+the copyright owner, any other person, including those who make
+phonorecords or digital phonorecord deliveries, may, by complying with
+the provisions of this section, obtain a compulsory license to make and
+distribute phonorecords of the work. A person may obtain a compulsory
+license only if his or her primary purpose in making phonorecords is to
+distribute them to the public for private use, including by means of a
+digital phonorecord delivery. A person may not obtain a compulsory
+license for use of the work in the making of phonorecords duplicating a
+sound recording fixed by another, unless:
+
+(i) such sound recording was fixed lawfully; and
+
+(ii) the making of the phonorecords was authorized by the owner of
+copyright in the sound recording or, if the sound recording was fixed
+before February 15, 1972, by any person who fixed the sound recording
+pursuant to an express license from the owner of the copyright in the
+musical work or pursuant to a valid compulsory license for use of such
+work in a sound recording.
+
+(2) A compulsory license includes the privilege of making a musical
+arrangement of the work to the extent necessary to conform it to the
+style or manner of interpretation of the performance involved, but the
+arrangement shall not change the basic melody or fundamental character
+of the work, and shall not be subject to protection as a derivative work
+under this title, except with the express consent of the copyright
+owner.
+
+(b) Notice of Intention to Obtain Compulsory License.-
+
+(1) Any person who wishes to obtain a compulsory license under this
+section shall, before or within thirty days after making, and before
+distributing any phonorecords of the work, serve notice of intention to
+do so on the copyright owner. If the registration or other public
+records of the Copyright Office do not identify the copyright owner and
+include an address at which notice can be served, it shall be sufficient
+to file the notice of intention in the Copyright Office. The notice
+shall comply, in form, content, and manner of service, with requirements
+that the Register of Copyrights shall prescribe by regulation.
+
+(2) Failure to serve or file the notice required by clause (1)
+forecloses the possibility of a compulsory license and, in the absence
+of a negotiated license, renders the making and distribution of
+phonorecords actionable as acts of infringement under section 501 and
+fully subject to the remedies provided by sections 502 through 506 and
+509.
+
+(c) Royalty Payable Under Compulsory License. [50]-
+
+(1) To be entitled to receive royalties under a compulsory license, the
+copyright owner must be identified in the registration or other public
+records of the Copyright Office. The owner is entitled to royalties for
+phonorecords made and distributed after being so identified, but is not
+entitled to recover for any phonorecords previously made and
+distributed.
+
+(2) Except as provided by clause (1), the royalty under a compulsory
+license shall be payable for every phonorecord made and distributed in
+accordance with the license. For this purpose, and other than as
+provided in paragraph (3), a phonorecord is considered "distributed" if
+the person exercising the compulsory license has voluntarily and
+permanently parted with its possession. With respect to each work
+embodied in the phonorecord, the royalty shall be either two and three-
+fourths cents, or one-half of one cent per minute of playing time or
+fraction thereof, whichever amount is larger. [51]
+
+(3)(A) A compulsory license under this section includes the right of the
+compulsory licensee to distribute or authorize the distribution of a
+phonorecord of a nondramatic musical work by means of a digital
+transmission which constitutes a digital phonorecord delivery,
+regardless of whether the digital transmission is also a public
+performance of the sound recording under section 106(6) of this title or
+of any nondramatic musical work embodied therein under section 106(4) of
+this title. For every digital phonorecord delivery by or under the
+authority of the compulsory licensee-
+
+(i) on or before December 31, 1997, the royalty payable by the
+compulsory licensee shall be the royalty prescribed under paragraph (2)
+and chapter 8 of this title; and
+
+(ii) on or after January 1, 1998, the royalty payable by the compulsory
+licensee shall be the royalty prescribed under subparagraphs (B) through
+(F) and chapter 8 of this title.
+
+(B) Notwithstanding any provision of the antitrust laws, any copyright
+owners of nondramatic musical works and any persons entitled to obtain a
+compulsory license under subsection (a)(1) may negotiate and agree upon
+the terms and rates of royalty payments under this paragraph and the
+proportionate division of fees paid among copyright owners, and may
+designate common agents to negotiate, agree to, pay or receive such
+royalty payments. Such authority to negotiate the terms and rates of
+royalty payments includes, but is not limited to, the authority to
+negotiate the year during which the royalty rates prescribed under
+subparagraphs (B) through (F) and chapter 8 of this title shall next be
+determined.
+
+(C) During the period of June 30, 1996, through December 31, 1996, the
+Librarian of Congress shall cause notice to be published in the Federal
+Register of the initiation of voluntary negotiation proceedings for the
+purpose of determining reasonable terms and rates of royalty payments
+for the activities specified by subparagraph (A) during the period
+beginning January 1, 1998, and ending on the effective date of any new
+terms and rates established pursuant to subparagraph (C), (D) or (F), or
+such other date (regarding digital phonorecord deliveries) as the
+parties may agree. Such terms and rates shall distinguish between (i)
+digital phonorecord deliveries where the reproduction or distribution of
+a phonorecord is incidental to the transmission which constitutes the
+digital phonorecord delivery, and (ii) digital phonorecord deliveries in
+general. Any copyright owners of nondramatic musical works and any
+persons entitled to obtain a compulsory license under subsection (a)(1)
+may submit to the Librarian of Congress licenses covering such
+activities. The parties to each negotiation proceeding shall bear their
+own costs.
+
+(D) In the absence of license agreements negotiated under subparagraphs
+(B) and (C), upon the filing of a petition in accordance with section
+803(a)(1), the Librarian of Congress shall, pursuant to chapter 8,
+convene a copyright arbitration royalty panel to determine a schedule of
+rates and terms which, subject to subparagraph (E), shall be binding on
+all copyright owners of nondramatic musical works and persons entitled
+to obtain a compulsory license under subsection (a)(1) during the period
+beginning January 1, 1998, and ending on the effective date of any new
+terms and rates established pursuant to subparagraph (C), (D) or (F), or
+such other date (regarding digital phonorecord deliveries) as may be
+determined pursuant to subparagraphs (B) and (C). Such terms and rates
+shall distinguish between (i) digital phonorecord deliveries where the
+reproduction or distribution of a phonorecord is incidental to the
+transmission which constitutes the digital phonorecord delivery, and
+(ii) digital phonorecord deliveries in general. In addition to the
+objectives set forth in section 801(b)(1), in establishing such rates
+and terms, the copyright arbitration royalty panel may consider rates
+and terms under voluntary license agreements negotiated as provided in
+subparagraphs (B) and (C). The royalty rates payable for a compulsory
+license for a digital phonorecord delivery under this section shall be
+established de novo and no precedential effect shall be given to the
+amount of the royalty payable by a compulsory licensee for digital
+phonorecord deliveries on or before December 31, 1997. The Librarian of
+Congress shall also establish requirements by which copyright owners may
+receive reasonable notice of the use of their works under this section,
+and under which records of such use shall be kept and made available by
+persons making digital phonorecord deliveries.
+
+(E)(i) License agreements voluntarily negotiated at any time between one
+or more copyright owners of nondramatic musical works and one or more
+persons entitled to obtain a compulsory license under subsection (a)(1)
+shall be given effect in lieu of any determination by the Librarian of
+Congress. Subject to clause (ii), the royalty rates determined pursuant
+to subparagraph (C), (D) or (F) shall be given effect in lieu of any
+contrary royalty rates specified in a contract pursuant to which a
+recording artist who is the author of a nondramatic musical work grants
+a license under that person's exclusive rights in the musical work under
+paragraphs (1) and (3) of section 106 or commits another person to grant
+a license in that musical work under paragraphs (1) and (3) of section
+106, to a person desiring to fix in a tangible medium of expression a
+sound recording embodying the musical work.
+
+(ii) The second sentence of clause (i) shall not apply to-
+
+(I) a contract entered into on or before June 22, 1995 and not modified
+thereafter for the purpose of reducing the royalty rates determined
+pursuant to subparagraph (C), (D) or (F) or of increasing the number of
+musical works within the scope of the contract covered by the reduced
+rates, except if a contract entered into on or before June 22, 1995, is
+modified thereafter for the purpose of increasing the number of musical
+works within the scope of the contract, any contrary royalty rates
+specified in the contract shall be given effect in lieu of royalty rates
+determined pursuant to subparagraph (C), (D) or (F) for the number of
+musical works within the scope of the contract as of June 22, 1995; and
+
+(II) a contract entered into after the date that the sound recording is
+fixed in a tangible medium of expression substantially in a form
+intended for commercial release, if at the time the contract is entered
+into, the recording artist retains the right to grant licenses as to the
+musical work under paragraphs (1) and (3) of section 106.
+
+(F) The procedures specified in subparagraphs (C) and (D) shall be
+repeated and concluded, in accordance with regulations that the
+Librarian of Congress shall prescribe, in each fifth calendar year after
+1997, except to the extent that different years for the repeating and
+concluding of such proceedings may be determined in accordance with
+subparagraphs (B) and (C).
+
+(G) Except as provided in section 1002(e) of this title, a digital
+phonorecord delivery licensed under this paragraph shall be accompanied
+by the information encoded in the sound recording, if any, by or under
+the authority of the copyright owner of that sound recording, that
+identifies the title of the sound recording, the featured recording
+artist who performs on the sound recording, and related information,
+including information concerning the underlying musical work and its
+writer.
+
+(H)(i) A digital phonorecord delivery of a sound recording is actionable
+as an act of infringement under section 501, and is fully subject to the
+remedies provided by sections 502 through 506 and section 509, unless-
+
+(I) the digital phonorecord delivery has been authorized by the
+copyright owner of the sound recording; and
+
+(II) the owner of the copyright in the sound recording or the entity
+making the digital phonorecord delivery has obtained a compulsory
+license under this section or has otherwise been authorized by the
+copyright owner of the musical work to distribute or authorize the
+distribution, by means of a digital phonorecord delivery, of each
+musical work embodied in the sound recording.
+
+(ii) Any cause of action under this subparagraph shall be in addition to
+those available to the owner of the copyright in the nondramatic musical
+work under subsection (c)(6) and section 106(4) and the owner of the
+copyright in the sound recording under section 106(6).
+
+(I) The liability of the copyright owner of a sound recording for
+infringement of the copyright in a nondramatic musical work embodied in
+the sound recording shall be determined in accordance with applicable
+law, except that the owner of a copyright in a sound recording shall not
+be liable for a digital phonorecord delivery by a third party if the
+owner of the copyright in the sound recording does not license the
+distribution of a phonorecord of the nondramatic musical work.
+
+(J) Nothing in section 1008 shall be construed to prevent the exercise
+of the rights and remedies allowed by this paragraph, paragraph (6), and
+chapter 5 in the event of a digital phonorecord delivery, except that no
+action alleging infringement of copyright may be brought under this
+title against a manufacturer, importer or distributor of a digital audio
+recording device, a digital audio recording medium, an analog recording
+device, or an analog recording medium, or against a consumer, based on
+the actions described in such section.
+
+(K) Nothing in this section annuls or limits
+
+(i) the exclusive right to publicly perform a sound recording or the
+musical work embodied therein, including by means of a digital
+transmission, under sections 106(4) and 106(6),
+
+(ii) except for compulsory licensing under the conditions specified by
+this section, the exclusive rights to reproduce and distribute the sound
+recording and the musical work embodied therein under sections 106(1)
+and 106(3), including by means of a digital phonorecord delivery, or
+(iii) any other rights under any other provision of section 106, or
+remedies available under this title, as such rights or remedies exist
+either before or after the date of enactment of the Digital Performance
+Right in Sound Recordings Act of 1995.
+
+(L) The provisions of this section concerning digital phonorecord
+deliveries shall not apply to any exempt transmissions or
+retransmissions under section 114(d)(1). The exemptions created in
+section 114(d)(1) do not expand or reduce the rights of copyright owners
+under section 106(1) through (5) with respect to such transmissions and
+retransmissions.
+
+(4) A compulsory license under this section includes the right of the
+maker of a phonorecord of a nondramatic musical work under subsection
+(a)(1) to distribute or authorize distribution of such phonorecord by
+rental, lease, or lending (or by acts or practices in the nature of
+rental, lease, or lending). In addition to any royalty payable under
+clause (2) and chapter 8 of this title, a royalty shall be payable by
+the compulsory licensee for every act of distribution of a phonorecord
+by or in the nature of rental, lease, or lending, by or under the
+authority of the compulsory licensee. With respect to each nondramatic
+musical work embodied in the phonorecord, the royalty shall be a
+proportion of the revenue received by the compulsory licensee from every
+such act of distribution of the phonorecord under this clause equal to
+the proportion of the revenue received by the compulsory licensee from
+distribution of the phonorecord under clause (2) that is payable by a
+compulsory licensee under that clause and under chapter 8. The Register
+of Copyrights shall issue regulations to carry out the purpose of this
+clause.
+
+(5) Royalty payments shall be made on or before the twentieth day of
+each month and shall include all royalties for the month next preceding.
+Each monthly payment shall be made under oath and shall comply with
+requirements that the Register of Copyrights shall prescribe by
+regulation. The Register shall also prescribe regulations under which
+detailed cumulative annual statements of account, certified by a
+certified public accountant, shall be filed for every compulsory license
+under this section. The regulations covering both the monthly and the
+annual statements of account shall prescribe the form, content, and
+manner of certification with respect to the number of records made and
+the number of records distributed.
+
+(6) If the copyright owner does not receive the monthly payment and the
+monthly and annual statements of account when due, the owner may give
+written notice to the licensee that, unless the default is remedied
+within thirty days from the date of the notice, the compulsory license
+will be automatically terminated. Such termination renders either the
+making or the distribution, or both, of all phonorecords for which the
+royalty has not been paid, actionable as acts of infringement under
+section 501 and fully subject to the remedies provided by sections 502
+through 506 and 509.
+
+(d) Definition.  As used in this section, the following term has the
+following meaning: A "digital phonorecord delivery" is each individual
+delivery of a phonorecord by digital transmission of a sound recording
+which results in a specifically identifiable reproduction by or for any
+transmission recipient of a phonorecord of that sound recording,
+regardless of whether the digital transmission is also a public
+performance of the sound recording or any nondramatic musical work
+embodied therein. A digital phonorecord delivery does not result from a
+real-time, non-interactive subscription transmission of a sound
+recording where no reproduction of the sound recording or the musical
+work embodied therein is made from the inception of the transmission
+through to its receipt by the transmission recipient in order to make
+the sound recording audible.
+
+
+Section 116. Negotiated licenses for public performances by means of coin-
+operated phonorecord players [52]
+
+(a) Applicability of Section.   This section applies to any nondramatic
+musical work embodied in a phonorecord.
+
+(b) Negotiated Licenses.-
+
+(1) Authority for negotiations.   Any owners of copyright in works to
+which this section applies and any operators of coin-operated
+phonorecord players may negotiate and agree upon the terms and rates of
+royalty payments for the performance of such works and the proportionate
+division of fees paid among copyright owners, and may designate common
+agents to negotiate, agree to, pay, or receive such royalty payments.
+
+(2) Arbitration.   Parties not subject to such a negotiation, may
+determine, by arbitration in accordance with the provisions of chapter
+8, the terms and rates and the division of fees described in paragraph
+(1).
+
+(c) License Agreements Superior to Copyright Arbitration Royalty Panel
+Determinations.   License agreements between one or more copyright owners
+and one or more operators of coin-operated phonorecord players, which
+are negotiated in accordance with subsection (b), shall be given effect
+in lieu of any otherwise applicable determination by a copyright
+arbitration royalty panel.
+
+(d) Definitions.   As used in this section, the following terms mean the
+following:
+
+(1) A "coin-operated phonorecord player" is a machine or device that-
+
+(A) is employed solely for the performance of nondramatic musical works
+by means of phonorecords upon being activated by the insertion of coins,
+currency, tokens, or other monetary units or their equivalent;
+
+(B) is located in an establishment making no direct or indirect charge
+for admission;
+
+(C) is accompanied by a list which is comprised of the titles of all the
+musical works available for performance on it, and is affixed to the
+phonorecord player or posted in the establishment in a prominent
+position where it can be readily examined by the public; and
+
+(D) affords a choice of works available for performance and permits the
+choice to be made by the patrons of the establishment in which it is
+located.
+
+(2) An "operator" is any person who, alone or jointly with others-
+
+(A) owns a coin-operated phonorecord player;
+
+(B) has the power to make a coin-operated phonorecord player available
+for placement in an establishment for purposes of public performance; or
+
+(C) has the power to exercise primary control over the selection of the
+musical works made available for public performance on a coin-operated
+phonorecord player.
+
+
+Section 117. Limitations on exclusive rights: Computer programs [53]
+
+(a) Making of Additional Copy or Adaptation by Owner of Copy.
+Notwithstanding the provisions of section 106, it is not an infringement
+for the owner of a copy of a computer program to make or authorize the
+making of another copy or adaptation of that computer program provided:
+
+(1) that such a new copy or adaptation is created as an essential step
+in the utilization of the computer program in conjunction with a machine
+and that it is used in no other manner, or
+
+(2) that such new copy or adaptation is for archival purposes only and
+that all archival copies are destroyed in the event that continued
+possession of the computer program should cease to be rightful.
+
+(b) Lease, Sale, or Other Transfer of Additional Copy or Adaptation.  Any
+exact copies prepared in accordance with the provisions of this section
+may be leased, sold, or otherwise transferred, along with the copy from
+which such copies were prepared, only as part of the lease, sale, or
+other transfer of all rights in the program. Adaptations so prepared may
+be transferred only with the authorization of the copyright owner.
+
+(c) Machine Maintenance or Repair.   Notwithstanding the provisions of
+section 106, it is not an infringement for the owner or lessee of a
+machine to make or authorize the making of a copy of a computer program
+if such copy is made solely by virtue of the activation of a machine
+that lawfully contains an authorized copy of the computer program, for
+purposes only of maintenance or repair of that machine, if-
+
+(1) such new copy is used in no other manner and is destroyed
+immediately after the maintenance or repair is completed; and
+
+(2) with respect to any computer program or part thereof that is not
+necessary for that machine to be activated, such program or part thereof
+is not accessed or used other than to make such new copy by virtue of
+the activation of the machine.
+
+(d) Definitions.   For purposes of this section-
+
+(1) the "maintenance" of a machine is the servicing of the machine in
+order to make it work in accordance with its original specifications and
+any changes to those specifications authorized for that machine; and
+
+(2) the "repair" of a machine is the restoring of the machine to the
+state of working in accordance with its original specifications and any
+changes to those specifications authorized for that machine.
+
+
+Section 118. Scope of exclusive rights: Use of certain works in connection
+with noncommercial broadcasting [54]
+
+(a) The exclusive rights provided by section 106 shall, with respect to
+the works specified by subsection (b) and the activities specified by
+subsection (d), be subject to the conditions and limitations prescribed
+by this section.
+
+(b) Notwithstanding any provision of the antitrust laws, any owners of
+copyright in published nondramatic musical works and published
+pictorial, graphic, and sculptural works and any public broadcasting
+entities, respectively, may negotiate and agree upon the terms and rates
+of royalty payments and the proportionate division of fees paid among
+various copyright owners, and may designate common agents to negotiate,
+agree to, pay, or receive payments.
+
+(1) Any owner of copyright in a work specified in this subsection or any
+public broadcasting entity may submit to the Librarian of Congress
+proposed licenses covering such activities with respect to such works.
+The Librarian of Congress shall proceed on the basis of the proposals
+submitted to it as well as any other relevant information. The Librarian
+of Congress shall permit any interested party to submit information
+relevant to such proceedings.
+
+(2) License agreements voluntarily negotiated at any time between one or
+more copyright owners and one or more public broadcasting entities shall
+be given effect in lieu of any determination by the Librarian of
+Congress: *Provided*, That copies of such agreements are filed in the
+Copyright Office within thirty days of execution in accordance with
+regulations that the Register of Copyrights shall prescribe.
+
+(3) In the absence of license agreements negotiated under paragraph (2),
+the Librarian of Congress shall, pursuant to chapter 8, convene a
+copyright arbitration royalty panel to determine and publish in the
+Federal Register a schedule of rates and terms which, subject to
+paragraph (2), shall be binding on all owners of copyright in works
+specified by this subsection and public broadcasting entities,
+regardless of whether such copyright owners have submitted proposals to
+the Librarian of Congress. In establishing such rates and terms the
+copyright arbitration royalty panel may consider the rates for
+comparable circumstances under voluntary license agreements negotiated
+as provided in paragraph (2). The Librarian of Congress shall also
+establish requirements by which copyright owners may receive reasonable
+notice of the use of their works under this section, and under which
+records of such use shall be kept by public broadcasting entities.
+
+(c) The initial procedure specified in subsection (b) shall be repeated
+and concluded between June 30 and December 31, 1997, and at five-year
+intervals thereafter, in accordance with regulations that the Librarian
+of Congress shall prescribe.
+
+(d) Subject to the terms of any voluntary license agreements that have
+been negotiated as provided by subsection (b) (2), a public broadcasting
+entity may, upon compliance with the provisions of this section,
+including the rates and terms established by a copyright arbitration
+royalty panel under subsection (b) (3), engage in the following
+activities with respect to published nondramatic musical works and
+published pictorial, graphic, and sculptural works:
+
+(1) performance or display of a work by or in the course of a
+transmission made by a noncommercial educational broadcast station
+referred to in subsection (g); and
+
+(2) production of a transmission program, reproduction of copies or
+phonorecords of such a transmission program, and distribution of such
+copies or phonorecords, where such production, reproduction, or
+distribution is made by a nonprofit institution or organization solely
+for the purpose of transmissions specified in paragraph (1); and
+
+(3) the making of reproductions by a governmental body or a nonprofit
+institution of a transmission program simultaneously with its
+transmission as specified in paragraph (1), and the performance or
+display of the contents of such program under the conditions specified
+by paragraph (1) of section 110, but only if the reproductions are used
+for performances or displays for a period of no more than seven days
+from the date of the transmission specified in paragraph (1), and are
+destroyed before or at the end of such period. No person supplying, in
+accordance with paragraph (2), a reproduction of a transmission program
+to governmental bodies or nonprofit institutions under this paragraph
+shall have any liability as a result of failure of such body or
+institution to destroy such reproduction:  *Provided*, That it shall
+have notified such body or institution of the requirement for such
+destruction pursuant to this paragraph: *And provided further*, That if
+such body or institution itself fails to destroy such reproduction it
+shall be deemed to have infringed.
+
+(e) Except as expressly provided in this subsection, this section shall
+have no applicability to works other than those specified in subsection
+(b). Owners of copyright in nondramatic literary works and public
+broadcasting entities may, during the course of voluntary negotiations,
+agree among themselves, respectively, as to the terms and rates of
+royalty payments without liability under the antitrust laws. Any such
+terms and rates of royalty payments shall be effective upon filing in
+the Copyright Office, in accordance with regulations that the Register
+of Copyrights shall prescribe.
+
+(f) Nothing in this section shall be construed to permit, beyond the
+limits of fair use as provided by section 107, the unauthorized
+dramatization of a nondramatic musical work, the production of a
+transmission program drawn to any substantial extent from a published
+compilation of pictorial, graphic, or sculptural works, or the
+unauthorized use of any portion of an audiovisual work.
+
+(g) As used in this section, the term "public broadcasting entity" means
+a noncommercial educational broadcast station as defined in section 397
+of title 47 and any nonprofit institution or organization engaged in the
+activities described in paragraph (2) of subsection (d).
+
+
+Section 119. Limitations on exclusive rights: Secondary transmissions of
+superstations and network stations for private home viewing [55]
+
+(a) Secondary Transmissions by Satellite Carriers.-
+
+(1) Superstations and PBS Satellite Feed.  Subject to the provisions of
+paragraphs (3), (4), and (6) of this subsection and section 114(d),
+secondary transmissions of a performance or display of a work embodied
+in a primary transmission made by a superstation or by the Public
+Broadcasting Service satellite feed shall be subject to statutory
+licensing under this section if the secondary transmission is made by a
+satellite carrier to the public for private home viewing, with regard to
+secondary transmissions the satellite carrier is in compliance with the
+rules, regulations, or authorizations of the Federal Communications
+Commission governing the carriage of television broadcast station
+signals, and the carrier makes a direct or indirect charge for each
+retransmission service to each household receiving the secondary
+transmission or to a distributor that has contracted with the carrier
+for direct or indirect delivery of the secondary transmission to the
+public for private home viewing. In the case of the Public Broadcasting
+Service satellite feed, the statutory license shall be effective until
+January 1, 2002. [56]
+
+(2) Network stations.-
+
+(A) In general.   Subject to the provisions of subparagraphs (B) and (C)
+of this paragraph and paragraphs (3), (4), (5), and (6) of this
+subsection and section 114(d), secondary transmissions of a performance
+or display of a work embodied in a primary transmission made by a
+network station shall be subject to statutory licensing under this
+section if the secondary transmission is made by a satellite carrier to
+the public for private home viewing, with regard to secondary
+transmissions the satellite carrier is in compliance with the rules,
+regulations, or authorizations of the Federal Communications Commission
+governing the carriage of television broadcast station signals, and the
+carrier makes a direct or indirect charge for such retransmission
+service to each subscriber receiving the secondary transmission.
+
+(B) Secondary transmissions to unserved households.-
+
+(i) In general.  The statutory license provided for in subparagraph (A)
+shall be limited to secondary transmissions of the signals of no more
+than two network stations in a single day for each television network to
+persons who reside in unserved households.
+
+(ii) Accurate determinations of eligibility.-
+
+(I) Accurate predictive model.  In determining presumptively whether a
+person resides in an unserved household under subsection (d)(10)(A), a
+court shall rely on the Individual Location Longley-Rice model set forth
+by the Federal Communications Commission in Docket No. 98-201, as that
+model may be amended by the Commission over time under section 339(c)(3)
+of the Communications Act of 1934 to increase the accuracy of that
+model.
+
+(II) Accurate measurements.  For purposes of site measurements to
+determine whether a person resides in an unserved household under
+subsection (d)(10)(A), a court shall rely on section 339(c)(4) of the
+Communications Act of 1934.
+
+(iii) C-band exemption to unserved households.-
+
+(I) In general.  The limitations of clause (i) shall not apply to any
+secondary transmissions by C-band services of network stations that a
+subscriber to C-band service received before any termination of such
+secondary transmissions before October 31, 1999.
+
+(II) Definition.  In this clause the term "C-band service" means a
+service that is licensed by the Federal Communications Commission and
+operates in the Fixed Satellite Service under part 25 of title 47 of the
+Code of Federal Regulations.
+
+(C) Submission of subscriber lists to networks.  A satellite carrier that
+makes secondary transmissions of a primary transmission made by a
+network station pursuant to subparagraph (A) shall, 90 days after
+commencing such secondary transmissions, submit to the network that owns
+or is affiliated with the network station a list identifying (by name
+and street address, including county and zip code) all subscribers to
+which the satellite carrier makes secondary transmissions of that
+primary transmission. Thereafter, on the 15th of each month, the
+satellite carrier shall submit to the network a list identifying (by
+name and street address, including county and zip code) any persons who
+have been added or dropped as such subscribers since the last submission
+under this subparagraph. Such subscriber information submitted by a
+satellite carrier may be used only for purposes of monitoring compliance
+by the satellite carrier with this subsection. The submission
+requirements of this subparagraph shall apply to a satellite carrier
+only if the network to whom the submissions are to be made places on
+file with the Register of Copyrights a document identifying the name and
+address of the person to whom such submissions are to be made. The
+Register shall maintain for public inspection a file of all such
+documents.
+
+(3) Noncompliance with reporting and payment requirements.-
+Notwithstanding the provisions of paragraphs (1) and (2), the willful or
+repeated secondary transmission to the public by a satellite carrier of
+a primary transmission made by a superstation or a network station and
+embodying a performance or display of a work is actionable as an act of
+infringement under section 501, and is fully subject to the remedies
+provided by sections 502 through 506 and 509, where the satellite
+carrier has not deposited the statement of account and royalty fee
+required by subsection (b), or has failed to make the submissions to
+networks required by paragraph (2)(C).
+
+(4) Willful alterations.  Notwithstanding the provisions of paragraphs
+(1) and (2), the secondary transmission to the public by a satellite
+carrier of a performance or display of a work embodied in a primary
+transmission made by a superstation or a network station is actionable
+as an act of infringement under section 501, and is fully subject to the
+remedies provided by sections 502 through 506 and sections 509 and 510,
+if the content of the particular program in which the performance or
+display is embodied, or any commercial advertising or station
+announcement transmitted by the primary transmitter during, or
+immediately before or after, the transmission of such program, is in any
+way willfully altered by the satellite carrier through changes,
+deletions, or additions, or is combined with programming from any other
+broadcast signal.
+
+(5) Violation of territorial restrictions on statutory license for
+network stations.-
+
+(A) Individual violations.  The willful or repeated secondary
+transmission by a satellite carrier of a primary transmission made by a
+network station and embodying a performance or display of a work to a
+subscriber who does not reside in an unserved household is actionable as
+an act of infringement under section 501 and is fully subject to the
+remedies provided by sections 502 through 506 and 509, except that-
+
+(i) no damages shall be awarded for such act of infringement if the
+satellite carrier took corrective action by promptly withdrawing service
+from the ineligible subscriber, and
+
+(ii) any statutory damages shall not exceed $5 for such subscriber for
+each month during which the violation occurred.
+
+(B) Pattern of violations.  If a satellite carrier engages in a willful
+or repeated pattern or practice of delivering a primary transmission
+made by a network station and embodying a performance or display of a
+work to subscribers who do not reside in unserved households, then in
+addition to the remedies set forth in subparagraph (A)-
+
+(i) if the pattern or practice has been carried out on a substantially
+nationwide basis, the court shall order a permanent injunction barring
+the secondary transmission by the satellite carrier, for private home
+viewing, of the primary transmissions of any primary network station
+affiliated with the same network, and the court may order statutory
+damages of not to exceed $250,000 for each 6-month period during which
+the pattern or practice was carried out; and
+
+(ii) if the pattern or practice has been carried out on a local or
+regional basis, the court shall order a permanent injunction barring the
+secondary transmission, for private home viewing in that locality or
+region, by the satellite carrier of the primary transmissions of any
+primary network station affiliated with the same network, and the court
+may order statutory damages of not to exceed $250,000 for each 6-month
+period during which the pattern or practice was carried out.
+
+(C) Previous subscribers excluded.  Subparagraphs (A) and (B) do not
+apply to secondary transmissions by a satellite carrier to persons who
+subscribed to receive such secondary transmissions from the satellite
+carrier or a distributor before November 16, 1988.
+
+(D) Burden of proof. [57]  In any action brought under this paragraph,
+the satellite carrier shall have the burden of proving that its
+secondary transmission of a primary transmission by a network station is
+for private home viewing to an unserved household.
+
+(E) Exception.  The secondary transmission by a satellite carrier of a
+performance or display of a work embodied in a primary transmission made
+by a network station to subscribers who do not reside in unserved
+households shall not be an act of infringement if-
+
+(i) the station on May 1, 1991, was retransmitted by a satellite carrier
+and was not on that date owned or operated by or affiliated with a
+television network that offered interconnected program service on a
+regular basis for 15 or more hours per week to at least 25 affiliated
+television licensees in 10 or more States;
+
+(ii) as of July 1, 1998, such station was retransmitted by a satellite
+carrier under the statutory license of this section; and
+
+(iii) the station is not owned or operated by or affiliated with a
+television network that, as of January 1, 1995, offered interconnected
+program service on a regular basis for 15 or more hours per week to at
+least 25 affiliated television licensees in 10 or more States.
+
+(6) Discrimination by a satellite carrier.   Notwithstanding the
+provisions of paragraph (1), the willful or repeated secondary
+transmission to the public by a satellite carrier of [a] performance or
+display of a work embodied in a primary transmission made by a
+superstation or a network station is actionable as an act of
+infringement under section 501, and is fully subject to the remedies
+provided by sections 502 through 506 and 509, if the satellite carrier
+unlawfully discriminates against a distributor. [58]
+
+(7) Geographic limitation on secondary transmissions.   The statutory
+license created by this section shall apply only to secondary
+transmissions to households located in the United States.
+
+(8) Transitional signal intensity measurement procedures. [59]
+
+(A) In general.  Subject to subparagraph (C), upon a challenge by a
+network station regarding whether a subscriber is an unserved household
+within the predicted Grade B Contour of the station, the satellite
+carrier shall, within 60 days after the receipt of the challenge-
+
+(i) terminate service to that household of the signal that is the
+subject of the challenge, and within 30 days thereafter notify the
+network station that made the challenge that service to that household
+has been terminated; or
+
+(ii) conduct a measurement of the signal intensity of the subscriber's
+household to determine whether the household is an unserved household
+after giving reasonable notice to the network station of the satellite
+carrier's intent to conduct the measurement.
+
+(B) Effect of measurement.  If the satellite carrier conducts a signal
+intensity measurement under subparagraph (A) and the measurement
+indicates that-
+
+(i) the household is not an unserved household, the satellite carrier
+shall, within 60 days after the measurement is conducted, terminate the
+service to that household of the signal that is the subject of the
+challenge, and within 30 days thereafter notify the network station that
+made the challenge that service to that household has been terminated;
+or
+
+(ii) the household is an unserved household, the station challenging the
+service shall reimburse the satellite carrier for the costs of the
+signal measurement within 60 days after receipt of the measurement
+results and a statement of the costs of the measurement.
+
+(C) Limitation on measurements.-
+
+(i) Notwithstanding subparagraph (A), a satellite carrier may not be
+required to conduct signal intensity measurements during any calendar
+year in excess of 5 percent of the number of subscribers within the
+network station's local market that have subscribed to the service as of
+the effective date of the Satellite Home Viewer Act of 1994.
+
+(ii) If a network station challenges whether a subscriber is an unserved
+household in excess of 5 percent of the subscribers within the network
+station's local market within a calendar year, subparagraph (A) shall
+not apply to challenges in excess of such 5 percent, but the station may
+conduct its own signal intensity measurement of the subscriber's
+household after giving reasonable notice to the satellite carrier of the
+network station's intent to conduct the measurement. If such measurement
+indicates that the household is not an unserved household, the carrier
+shall, within 60 days after receipt of the measurement, terminate
+service to the household of the signal that is the subject of the
+challenge and within 30 days thereafter notify the network station that
+made the challenge that service has been terminated. The carrier shall
+also, within 60 days after receipt of the measurement and a statement of
+the costs of the measurement, reimburse the network station for the cost
+it incurred in conducting the measurement.
+
+(D) Outside the predicted grade b contour.-
+
+(i) If a network station challenges whether a subscriber is an unserved
+household outside the predicted Grade B Contour of the station, the
+station may conduct a measurement of the signal intensity of the
+subscriber's household to determine whether the household is an unserved
+household after giving reasonable notice to the satellite carrier of the
+network station's intent to conduct the measurement.
+
+(ii) If the network station conducts a signal intensity measurement
+under clause (i) and the measurement indicates that-
+
+(I) the household is not an unserved household, the station shall
+forward the results to the satellite carrier who shall, within 60 days
+after receipt of the measurement, terminate the service to the household
+of the signal that is the subject of the challenge, and shall reimburse
+the station for the costs of the measurement within 60 days after
+receipt of the measurement results and a statement of such costs; or
+
+(II) the household is an unserved household, the station shall pay the
+costs of the measurement.
+
+(9) Loser pays for signal intensity measurement; recovery of measurement
+costs in a civil action.  In any civil action filed relating to the
+eligibility of subscribing households as unserved households-
+
+(A) a network station challenging such eligibility shall, within 60 days
+after receipt of the measurement results and a statement of such costs,
+reimburse the satellite carrier for any signal intensity measurement
+that is conducted by that carrier in response to a challenge by the
+network station and that establishes the household is an unserved
+household; and
+
+(B) a satellite carrier shall, within 60 days after receipt of the
+measurement results and a statement of such costs, reimburse the network
+station challenging such eligibility for any signal intensity
+measurement that is conducted by that station and that establishes the
+household is not an unserved household.
+
+(10) inability to conduct measurement.  If a network station makes a
+reasonable attempt to conduct a site measurement of its signal at a
+subscriber's household and is denied access for the purpose of
+conducting the measurement, and is otherwise unable to conduct a
+measurement, the satellite carrier shall within 60 days notice thereof,
+terminate service of the station's network to that household.
+
+(11) Service to recreational vehicles and commercial trucks.-
+
+(A) Exemption.-
+
+(i) In general.  For purposes of this subsection, and subject to clauses
+(ii) and (iii), the term "unserved household" shall include-
+
+(I) recreational vehicles as defined in regulations of the Secretary of
+Housing and Urban Development under section 3282.8 of title 24 of the
+Code of Federal Regulations; and
+
+(II) commercial trucks that qualify as commercial motor vehicles under
+regulations of the Secretary of Transportation under section 383.5 of
+title 49 of the Code of Federal Regulations.
+
+(ii) Limitation.  Clause (i) shall apply only to a recreational vehicle
+or commercial truck if any satellite carrier that proposes to make a
+secondary transmission of a network station to the operator of such a
+recreational vehicle or commercial truck complies with the documentation
+requirements under subparagraphs (B) and (C).
+
+(iii) Exclusion.  For purposes of this subparagraph, the terms
+"recreational vehicle" and "commercial truck" shall not include any
+fixed dwelling, whether a mobile home or otherwise.
+
+(B) Documentation requirements.  A recreational vehicle or commercial
+truck shall be deemed to be an unserved household beginning 10 days
+after the relevant satellite carrier provides to the network that owns
+or is affiliated with the network station that will be secondarily
+transmitted to the recreational vehicle or commercial truck the
+following documents:
+
+(i) Declaration.  A signed declaration by the operator of the
+recreational vehicle or commercial truck that the satellite dish is
+permanently attached to the recreational vehicle or commercial truck,
+and will not be used to receive satellite programming at any fixed
+dwelling.
+
+(ii) Registration.  In the case of a recreational vehicle, a copy of the
+current State vehicle registration for the recreational vehicle.
+
+(iii) Registration and license.  In the case of a commercial truck, a
+copy of-
+
+(I) the current State vehicle registration for the truck; and
+
+(II) a copy of a valid, current commercial driver's license, as defined
+in regulations of the Secretary of Transportation under section 383 of
+title 49 of the Code of Federal Regulations, issued to the operator.
+
+(C) Updated documentation requirements.  If a satellite carrier wishes to
+continue to make secondary transmissions to a recreational vehicle or
+commercial truck for more than a 2-year period, that carrier shall
+provide each network, upon request, with updated documentation in the
+form described under subparagraph (B) during the 90 days before
+expiration of that 2-year period.
+
+(12) Statutory license contingent on compliance with fcc rules and
+remedial steps.  Notwithstanding any other provision of this section, the
+willful or repeated secondary transmission to the public by a satellite
+carrier of a primary transmission embodying a performance or display of
+a work made by a broadcast station licensed by the Federal
+Communications Commission is actionable as an act of infringement under
+section 501, and is fully subject to the remedies provided by sections
+502 through 506 and 509, if, at the time of such transmission, the
+satellite carrier is not in compliance with the rules, regulations, and
+authorizations of the Federal Communications Commission concerning the
+carriage of television broadcast station signals. [60]
+
+(b) Statutory License for Secondary Transmissions for Private Home
+Viewing.-
+
+(1) Deposits with the register of copyrights.  A satellite carrier whose
+secondary transmissions are subject to statutory licensing under
+subsection (a) shall, on a semiannual basis, deposit with the Register
+of Copyrights, in accordance with requirements that the Register shall
+prescribe by regulation-
+
+(A) a statement of account, covering the preceding 6-month period,
+specifying the names and locations of all superstations and network
+stations whose signals were transmitted, at any time during that period,
+to subscribers for private home viewing as described in subsections (a)
+(1) and (a)(2), the total number of subscribers that received such
+transmissions, and such other data as the Register of Copyrights may
+from time to time prescribe by regulation; and
+
+(B) a royalty fee for that 6-month period, computed by-
+
+(i) multiplying the total number of subscribers receiving each secondary
+transmission of a superstation during each calendar month by 17.5 cents
+per subscriber in the case of superstations that as retransmitted by the
+satellite carrier include any program which, if delivered by any cable
+system in the United States, would be subject to the syndicated
+exclusivity rules of the Federal Communications Commission, and 14 cents
+per subscriber in the case of superstations that are syndex-proof as
+defined in section 258.2 of title 37, Code of Federal Regulations;
+
+(ii) multiplying the number of subscribers receiving each secondary
+transmission of a network station or the Public Broadcasting Service
+satellite feed during each calendar month by 6 cents; [61] and
+
+(iii) adding together the totals computed under clauses (i) and (ii).
+
+(2) Investment of fees.  The Register of Copyrights shall receive all
+fees deposited under this section and, after deducting the reasonable
+costs incurred by the Copyright Office under this section (other than
+the costs deducted under paragraph (4)), shall deposit the balance in
+the Treasury of the United States, in such manner as the Secretary of
+the Treasury directs. All funds held by the Secretary of the Treasury
+shall be invested in interest-bearing securities of the United States
+for later distribution with interest by the Librarian of Congress as
+provided by this title.
+
+(3) Persons to whom fees are distributed.  The royalty fees deposited
+under paragraph (2) shall, in accordance with the procedures provided by
+paragraph (4), be distributed to those copyright owners whose works were
+included in a secondary transmission for private home viewing made by a
+satellite carrier during the applicable 6-month accounting period and
+who file a claim with the Librarian of Congress under paragraph (4).
+
+(4) Procedures for distribution.  The royalty fees deposited under
+paragraph (2) shall be distributed in accordance with the following
+procedures:
+
+(A) Filing of claims for fees.  During the month of July in each year,
+each person claiming to be entitled to statutory license fees for
+secondary transmissions for private home viewing shall file a claim with
+the Librarian of Congress, in accordance with requirements that the
+Librarian of Congress shall prescribe by regulation. For purposes of
+this paragraph, any claimants may agree among themselves as to the
+proportionate division of statutory license fees among them, may lump
+their claims together and file them jointly or as a single claim, or may
+designate a common agent to receive payment on their behalf.
+
+(B) Determination of controversy; distributions.  After the first day of
+August of each year, the Librarian of Congress shall determine whether
+there exists a controversy concerning the distribution of royalty fees.
+If the Librarian of Congress determines that no such controversy exists,
+the Librarian of Congress shall, after deducting reasonable
+administrative costs under this paragraph, distribute such fees to the
+copyright owners entitled to receive them, or to their designated
+agents. If the Librarian of Congress finds the existence of a
+controversy, the Librarian of Congress shall, pursuant to chapter 8 of
+this title, convene a copyright arbitration royalty panel to determine
+the distribution of royalty fees.
+
+(C) Withholding of fees during controversy.  During the pendency of any
+proceeding under this subsection, the Librarian of Congress shall
+withhold from distribution an amount sufficient to satisfy all claims
+with respect to which a controversy exists, but shall have discretion to
+proceed to distribute any amounts that are not in controversy.
+
+(c) Adjustment of Royalty Fees.-
+
+(1) Applicability and determination of royalty fees.  The rate of the
+royalty fee payable under subsection (b)(1)(B) shall be effective unless
+a royalty fee is established under paragraph (2) or (3) of this
+subsection.
+
+(2) Fee set by voluntary negotiation.-
+
+(A) Notice of initiation of proceedings.  On or before July 1, 1996, the
+Librarian of Congress shall cause notice to be published in the Federal
+Register of the initiation of voluntary negotiation proceedings for the
+purpose of determining the royalty fee to be paid by satellite carriers
+under subsection (b)(1)(B).
+
+(B) Negotiations.  Satellite carriers, distributors, and copyright owners
+entitled to royalty fees under this section shall negotiate in good
+faith in an effort to reach a voluntary agreement or voluntary
+agreements for the payment of royalty fees. Any such satellite carriers,
+distributors, and copyright owners may at any time negotiate and agree
+to the royalty fee, and may designate common agents to negotiate, agree
+to, or pay such fees. If the parties fail to identify common agents, the
+Librarian of Congress shall do so, after requesting recommendations from
+the parties to the negotiation proceeding. The parties to each
+negotiation proceeding shall bear the entire cost thereof.
+
+(C) Agreements binding on parties; filing of agreements.  Voluntary
+agreements negotiated at any time in accordance with this paragraph
+shall be binding upon all satellite carriers, distributors, and
+copyright owners that are parties thereto. Copies of such agreements
+shall be filed with the Copyright Office within 30 days after execution
+in accordance with regulations that the Register of Copyrights shall
+prescribe.
+
+(D) Period agreement is in effect.  The obligation to pay the royalty
+fees established under a voluntary agreement which has been filed with
+the Copyright Office in accordance with this paragraph shall become
+effective on the date specified in the agreement, and shall remain in
+effect until December 31, 1999, or in accordance with the terms of the
+agreement, whichever is later.
+
+(3) Fee set by compulsory arbitration.-
+
+(A) Notice of initiation of proceedings.  On or before January 1, 1997,
+the Librarian of Congress shall cause notice to be published in the
+Federal Register of the initiation of arbitration proceedings for the
+purpose of determining a reasonable royalty fee to be paid under
+subsection (b)(1)(B) by satellite carriers who are not parties to a
+voluntary agreement filed with the Copyright Office in accordance with
+paragraph (2). Such arbitration proceeding shall be conducted under
+chapter 8.
+
+(B) Establishment of royalty fees.  In determining royalty fees under
+this paragraph, the copyright arbitration royalty panel appointed under
+chapter 8 shall establish fees for the retransmission of network
+stations and superstations that most clearly represent the fair market
+value of secondary transmissions. In determining the fair market value,
+the panel shall base its decision on economic, competitive, and
+programming information presented by the parties, including-
+
+(i) the competitive environment in which such programming is
+distributed, the cost of similar signals in similar private and
+compulsory license marketplaces, and any special features and conditions
+of the retransmission marketplace;
+
+(ii) the economic impact of such fees on copyright owners and satellite
+carriers; and
+
+(iii) the impact on the continued availability of secondary
+transmissions to the public.
+
+(C) Period during which decision of arbitration panel or order of
+librarian effective.  The obligation to pay the royalty fee established
+under a determination which-
+
+(i) is made by a copyright arbitration royalty panel in an arbitration
+proceeding under this paragraph and is adopted by the Librarian of
+Congress under section 802(f), or
+
+(ii) is established by the Librarian of Congress under section 802(f),
+shall become effective as provided in section 802(g ), or July 1, 1997,
+whichever is later.
+
+(D) Persons subject to royalty fee.  The royalty fee referred to in
+subparagraph (C) shall be binding on all satellite carriers,
+distributors, and copyright owners, who are not party to a voluntary
+agreement filed with the Copyright Office under paragraph (2).
+
+(4) Reduction. [62]-
+
+(A) Superstation.  The rate of the royalty fee in effect on January 1,
+1998, payable in each case under subsection (b)(1)(B)(i) shall be
+reduced by 30 percent.
+
+(B) Network and public broadcasting satellite feed.  The rate of the
+royalty fee in effect on January 1, 1998, payable under subsection (b)
+(1)(B)(ii) shall be reduced by 45 percent.
+
+(5) Public broadcasting service as agent.  For purposes of section 802,
+with respect to royalty fees paid by satellite carriers for
+retransmitting the Public Broadcasting Service satellite feed, the
+Public Broadcasting Service shall be the agent for all public television
+copyright claimants and all Public Broadcasting Service member
+stations. [63]
+
+(d) Definitions.  As used in this section-
+
+(1) Distributor.  The term "distributor" means an entity which contracts
+to distribute secondary transmissions from a satellite carrier and,
+either as a single channel or in a package with other programming,
+provides the secondary transmission either directly to individual
+subscribers for private home viewing or indirectly through other program
+distribution entities.
+
+(2) Network station.  The term "network station" means-
+
+(A) a television broadcast station, including any translator station or
+terrestrial satellite station that rebroadcasts all or substantially all
+of the programming broadcast by a network station, that is owned or
+operated by, or affiliated with, one or more of the television networks
+in the United States which offer an interconnected program service on a
+regular basis for 15 or more hours per week to at least 25 of its
+affiliated television licensees in 10 or more States; or
+
+(B) a noncommercial educational broadcast station (as defined in section
+397 of the Communications Act of 1934).
+
+(3) Primary network station.  The term "primary network station" means a
+network station that broadcasts or rebroadcasts the basic programming
+service of a particular national network.
+
+(4) Primary transmission.  The term "primary transmission" has the
+meaning given that term in section 111(f) of this title.
+
+(5) Private home viewing.  The term "private home viewing" means the
+viewing, for private use in a household by means of satellite reception
+equipment which is operated by an individual in that household and which
+serves only such household, of a secondary transmission delivered by a
+satellite carrier of a primary transmission of a television station
+licensed by the Federal Communications Commission.
+
+(6) Satellite carrier.  The term "satellite carrier" means an entity that
+uses the facilities of a satellite or satellite service licensed by the
+Federal Communications Commission and operates in the Fixed-Satellite
+Service under part 25 of title 47 of the Code of Federal Regulations or
+the Direct Broadcast Satellite Service under part 100 of title 47 of the
+Code of Federal Regulations to establish and operate a channel of
+communications for point-to-multipoint distribution of television
+station signals, and that owns or leases a capacity or service on a
+satellite in order to provide such point-to-multipoint distribution,
+except to the extent that such entity provides such distribution
+pursuant to tariff under the Communications Act of 1934, other than for
+private home viewing.
+
+(7) Secondary transmission.  The term "secondary transmission" has the
+meaning given that term in section 111(f) of this title.
+
+(8) Subscriber.  The term "subscriber" means an individual who receives a
+secondary transmission service for private home viewing by means of a
+secondary transmission from a satellite carrier and pays a fee for the
+service, directly or indirectly, to the satellite carrier or to a
+distributor.
+
+(9) Superstation.  The term "superstation"-
+
+(A) means a television broadcast station, other than a network station,
+licensed by the Federal Communications Commission that is secondarily
+transmitted by a satellite carrier; and
+
+(B) except for purposes of computing the royalty fee, includes the
+Public Broadcasting Service satellite feed. [64]
+
+(10) Unserved household.  The term "unserved household", with respect to
+a particular television network, means a household that-
+
+(A) cannot receive, through the use of a conventional, stationary,
+outdoor rooftop receiving antenna, an over-the-air signal of a primary
+network station affiliated with that network of Grade B intensity as
+defined by the Federal Communications Commission under section 73.683(a)
+of title 47 of the Code of Federal Regulations, as in effect on January
+1, 1999;
+
+(B) is subject to a waiver granted under regulations established under
+section 339(c)(2) of the Communications Act of 1934;
+
+(C) is a subscriber to whom subsection (e) applies;
+
+(D) is a subscriber to whom subsection (a)(11) applies; or
+
+(E) is a subscriber to whom the exemption under subsection (a)(2)(B)
+(iii) applies.
+
+(11) Local market.  The term "local market" has the meaning given such
+term under section 122(j).
+
+(12) Public broadcasting service satellite feed.  The term "Public
+Broadcasting Service satellite feed" means the national satellite feed
+distributed and designated for purposes of this section by the Public
+Broadcasting Service consisting of educational and informational
+programming intended for private home viewing, to which the Public
+Broadcasting Service holds national terrestrial broadcast rights. [65]
+
+(e) Moratorium on Copyright Liability.  Until December 31, 2004, a
+subscriber who does not receive a signal of Grade A intensity (as
+defined in the regulations of the Federal Communications Commission
+under section 73.683(a) of title 47 of the Code of Federal Regulations,
+as in effect on January 1, 1999, or predicted by the Federal
+Communications Commission using the Individual Location Longley-Rice
+methodology described by the Federal Communications Commission in Docket
+No. 98-201) of a local network television broadcast station shall remain
+eligible to receive signals of network stations affiliated with the same
+network, if that subscriber had satellite service of such network signal
+terminated after July 11, 1998, and before October 31, 1999, as required
+by this section, or received such service on October 31, 1999.
+
+
+Section 120. Scope of exclusive rights in architectural works [66]
+
+(a) Pictorial Representations Permitted.  The copyright in an
+architectural work that has been constructed does not include the right
+to prevent the making, distributing, or public display of pictures,
+paintings, photographs, or other pictorial representations of the work,
+if the building in which the work is embodied is located in or
+ordinarily visible from a public place.
+
+(b) Alterations to and Destruction of Buildings.  Notwithstanding the
+provisions of section 106(2), the owners of a building embodying an
+architectural work may, without the consent of the author or copyright
+owner of the architectural work, make or authorize the making of
+alterations to such building, and destroy or authorize the destruction
+of such building.
+
+
+Section 121. Limitations on exclusive rights: reproduction for blind or
+other people with disabilities [67]
+
+(a) Notwithstanding the provisions of section 106, it is not an
+infringement of copyright for an authorized entity to reproduce or to
+distribute copies or phonorecords of a previously published, nondramatic
+literary work if such copies or phonorecords are reproduced or
+distributed in specialized formats exclusively for use by blind or other
+persons with disabilities.
+
+(b)(1) Copies or phonorecords to which this section applies shall
+
+(A) not be reproduced or distributed in a format other than a
+specialized format exclusively for use by blind or other persons with
+disabilities;
+
+(B) bear a notice that any further reproduction or distribution in a
+format other than a specialized format is an infringement; and
+
+(C) include a copyright notice identifying the copyright owner and the
+date of the original publication.
+
+(2) The provisions of this subsection shall not apply to standardized,
+secure, or norm-referenced tests and related testing material, or to
+computer programs, except the portions thereof that are in conventional
+human language (including descriptions of pictorial works) and displayed
+to users in the ordinary course of using the computer programs.
+
+(c) For purposes of this section, the term-
+
+(1) "authorized entity" means a nonprofit organization or a governmental
+agency that has a primary mission to provide specialized services
+relating to training, education, or adaptive reading or information
+access needs of blind or other persons with disabilities;
+
+(2) "blind or other persons with disabilities" means individuals who are
+eligible or who may qualify in accordance with the Act entitled "An Act
+to provide books for the adult blind", approved March 3, 1931 (2 U.S.C.
+135a; 46 Stat. 1487) to receive books and other publications produced in
+specialized formats; and
+
+(3) "specialized formats" means braille, audio, or digital text which is
+exclusively for use by blind or other persons with disabilities.
+
+
+Section 122. Limitations on exclusive rights; secondary transmissions by
+satellite carriers within local markets [68]
+
+(a) Secondary Transmissions of television Broadcast Stations by
+Satellite Carriers.  A secondary transmission of a performance or display
+of a work embodied in a primary transmission of a television broadcast
+station into the station's local market shall be subject to statutory
+licensing under this section if-
+
+(1) the secondary transmission is made by a satellite carrier to the
+public;
+
+(2) with regard to secondary transmissions, the satellite carrier is in
+compliance with the rules, regulations, or authorizations of the Federal
+Communications Commission governing the carriage of television broadcast
+station signals; and
+
+(3) the satellite carrier makes a direct or indirect charge for the
+secondary transmission to-
+
+(A) each subscriber receiving the secondary transmission; or
+
+(B) a distributor that has contracted with the satellite carrier for
+direct or indirect delivery of the secondary transmission to the public.
+
+(b) Reporting Requirements.-
+
+(1) Initial lists.  A satellite carrier that makes secondary
+transmissions of a primary transmission made by a network station under
+subsection (a) shall, within 90 days after commencing such secondary
+transmissions, submit to the network that owns or is affiliated with the
+network station a list identifying (by name in alphabetical order and
+street address, including county and zip code) all subscribers to which
+the satellite carrier makes secondary transmissions of that primary
+transmission under subsection (a).
+
+(2) Subsequent lists.  After the list is submitted under paragraph (1),
+the satellite carrier shall, on the 15th of each month, submit to the
+network a list identifying (by name in alphabetical order and street
+address, including county and zip code) any subscribers who have been
+added or dropped as subscribers since the last submission under this
+subsection.
+
+(3) Use of subscriber information.  Subscriber information submitted by a
+satellite carrier under this subsection may be used only for the
+purposes of monitoring compliance by the satellite carrier with this
+section.
+
+(4) Requirements of networks.  The submission requirements of this
+subsection shall apply to a satellite carrier only if the network to
+which the submissions are to be made places on file with the Register of
+Copyrights a document identifying the name and address of the person to
+whom such submissions are to be made. The Register of Copyrights shall
+maintain for public inspection a file of all such documents.
+
+(c) No Royalty Fee Required.  A satellite carrier whose secondary
+transmissions are subject to statutory licensing under subsection (a)
+shall have no royalty obligation for such secondary transmissions.
+
+(d) Noncompliance with Reporting and Regulatory Requirements.
+Notwithstanding subsection (a), the willful or repeated secondary
+transmission to the public by a satellite carrier into the local market
+of a television broadcast station of a primary transmission embodying a
+performance or display of a work made by that television broadcast
+station is actionable as an act of infringement under section 501, and
+is fully subject to the remedies provided under sections 502 through 506
+and 509, if the satellite carrier has not complied with the reporting
+requirements of subsection (b) or with the rules, regulations, and
+authorizations of the Federal Communications Commission concerning the
+carriage of television broadcast signals.
+
+(e) Willful Alterations.  Notwithstanding subsection (a), the secondary
+transmission to the public by a satellite carrier into the local market
+of a television broadcast station of a performance or display of a work
+embodied in a primary transmission made by that television broadcast
+station is actionable as an act of infringement under section 501, and
+is fully subject to the remedies provided by sections 502 through 506
+and sections 509 and 510, if the content of the particular program in
+which the performance or display is embodied, or any commercial
+advertising or station announcement transmitted by the primary
+transmitter during, or immediately before or after, the transmission of
+such program, is in any way willfully altered by the satellite carrier
+through changes, deletions, or additions, or is combined with
+programming from any other broadcast signal.
+
+(f) Violation of territorial Restrictions on Statutory License for
+television Broadcast Stations.-
+
+(1) Individual violations.  The willful or repeated secondary
+transmission to the public by a satellite carrier of a primary
+transmission embodying a performance or display of a work made by a
+television broadcast station to a subscriber who does not reside in that
+station's local market, and is not subject to statutory licensing under
+section 119 or a private licensing agreement, is actionable as an act of
+infringement under section 501 and is fully subject to the remedies
+provided by sections 502 through 506 and 509, except that-
+
+(A) no damages shall be awarded for such act of infringement if the
+satellite carrier took corrective action by promptly withdrawing service
+from the ineligible subscriber; and
+
+(B) any statutory damages shall not exceed $5 for such subscriber for
+each month during which the violation occurred.
+
+(2) Pattern of violations.   If a satellite carrier engages in a willful
+or repeated pattern or practice of secondarily transmitting to the
+public a primary transmission embodying a performance or display of a
+work made by a television broadcast station to subscribers who do not
+reside in that station's local market, and are not subject to statutory
+licensing under section 119 or a private licensing agreement, then in
+addition to the remedies under paragraph (1)-
+
+(A) if the pattern or practice has been carried out on a substantially
+nationwide basis, the court-
+
+(i) shall order a permanent injunction barring the secondary
+transmission by the satellite carrier of the primary transmissions of
+that television broadcast station (and if such television broadcast
+station is a network station, all other television broadcast stations
+affiliated with such network); and
+
+(ii) may order statutory damages not exceeding $250,000 for each 6-month
+period during which the pattern or practice was carried out; and
+
+(B) if the pattern or practice has been carried out on a local or
+regional basis with respect to more than one television broadcast
+station, the court-
+
+(i) shall order a permanent injunction barring the secondary
+transmission in that locality or region by the satellite carrier of the
+primary transmissions of any television broadcast station; and
+
+(ii) may order statutory damages not exceeding $250,000 for each 6-month
+period during which the pattern or practice was carried out.
+
+(g) Burden of Proof.  In any action brought under subsection (f), the
+satellite carrier shall have the burden of proving that its secondary
+transmission of a primary transmission by a television broadcast station
+is made only to subscribers located within that station's local market
+or subscribers being served in compliance with section 119 or a private
+licensing agreement.
+
+(h) Geographic Limitations on secondary Transmissions.  The statutory
+license created by this section shall apply to secondary transmissions
+to locations in the United States.
+
+(i) Exclusivity with Respect to Secondary Transmissions of Broadcast
+Stations by Satellite to Members of the Public.  No provision of section
+111 or any other law (other than this section and section 119) shall be
+construed to contain any authorization, exemption, or license through
+which secondary transmissions by satellite carriers of programming
+contained in a primary transmission made by a television broadcast
+station may be made without obtaining the consent of the copyright
+owner.
+
+(j) Definitions.  In this section-
+
+(1) Distributor.  The term "distributor" means an entity which contracts
+to distribute secondary transmissions from a satellite carrier and,
+either as a single channel or in a package with other programming,
+provides the secondary transmission either directly to individual
+subscribers or indirectly through other program distribution entities.
+
+(2) Local market.-
+
+(A) In general.  The term "local market", in the case of both commercial
+and noncommercial television broadcast stations, means the designated
+market area in which a station is located, and-
+
+(i) in the case of a commercial television broadcast station, all
+commercial television broadcast stations licensed to a community within
+the same designated market area are within the same local market; and
+
+(ii) in the case of a noncommercial educational television broadcast
+station, the market includes any station that is licensed to a community
+within the same designated market area as the noncommercial educational
+television broadcast station.
+
+(B) County of license.  In addition to the area described in subparagraph
+(A), a station's local market includes the county in which the station's
+community of license is located.
+
+(C) Designated market area.  For purposes of subparagraph (A), the term
+"designated market area" means a designated market area, as determined
+by Nielsen Media Research and published in the 1999-2000 Nielsen Station
+Index Directory and Nielsen Station Index United States Television
+Household Estimates or any successor publication.
+
+(3) Network station; satellite carrier; secondary transmission.  The
+terms "network station", "satellite carrier", and "secondary
+transmission" have the meanings given such terms under section 119(d).
+
+(4) Subscriber.  The term "subscriber" means a person who receives a
+secondary transmission service from a satellite carrier and pays a fee
+for the service, directly or indirectly, to the satellite carrier or to
+a distributor.
+
+(5) Television broadcast station.  The term "television broadcast
+station"-
+
+(A) means an over-the-air, commercial or noncommercial television
+broadcast station licensed by the Federal Communications Commission
+under subpart E of part 73 of title 47, Code of Federal Regulations,
+except that such term does not include a low-power or translator
+television station; and
+
+(B) includes a television broadcast station licensed by an appropriate
+governmental authority of Canada or Mexico if the station broadcasts
+primarily in the English language and is a network station as defined in
+section 119(d)(2)(A).
+
+------------------
+Chapter 1 Endnotes
+
+1  In 1980, section 117 was amended in its entirety with an amendment in
+the nature of a substitute that included a new title. However, the table
+of sections was not changed to reflect the new title. Pub. L. No.
+96-517, 94 Stat. 3015, 3028. In 1997, a technical amendment made that
+change. Pub. L. No. 105-80, 111 Stat. 1529, 1534.
+
+2  The Audio Home Recording Act of 1992 amended section 101 by inserting
+"Except as otherwise provided in this title," at the beginning of the
+first sentence. Pub. L. No. 102-563, 106 Stat. 4237, 4248.
+
+The Berne Convention Implementation Act of 1988 amended section 101 by
+adding a definition for "Berne Convention work." Pub. L. No. 100-568,
+102 Stat. 2853, 2854. In 1990, the Architectural Works Copyright
+Protection Act amended the definition of "Berne Convention work" by
+adding paragraph (5). Pub. L. No. 101-650, 104 Stat. 5089, 5133. The
+WIPO Copyright and Performances and Phonograms Treaties Implementation
+Act of 1998 deleted the definition of "Berne Convention work" from
+section 101. Pub. L. No. 105-304, 112 Stat. 2860, 2861. The definition
+of "Berne Convention work," as deleted, is contained in part VI of the
+Appendix.
+
+3  In 1990, the Architectural Works Copyright Protection Act amended
+section 101 by adding the definition for "architectural work." Pub. L.
+No. 101-650, 104 Stat. 5089, 5133. That Act states that the definition
+is applicable to "any architectural work that, on the date of the
+enactment of this Act, is unconstructed and embodied in unpublished
+plans or drawings, except that protection for such architectural work
+under title 17, United States Code, by virtue of the amendments made by
+this title, shall terminate on December 31, 2002, unless the work is
+constructed by that date."
+
+4  The Berne Convention Implementation Act of 1988 amended section 101
+by adding the definition of "Berne Convention." Pub. L. No. 100-568, 102
+Stat. 2853, 2854.
+
+5  The Digital Performance Right in Sound Recordings Act of 1995 amended
+section 101 by adding the definition of "digital transmission." Pub. L.
+No.104-39, 109 Stat. 336, 348.
+
+6  The Fairness in Music Licensing Act of 1998 amended section 101 by
+adding the definition of "establishment." Pub. L. No. 105-298, 112 Stat.
+2827, 2833.
+
+7  The Fairness in Music Licensing Act of 1998 amended section 101 by
+adding the definition of "food service or drinking establishment." Pub.
+L. No. 105-298, 112 Stat. 2827, 2833.
+
+8  In 1997, the No Electronic Theft (NET) Act amended section 101 by
+adding the definition for "financial gain." Pub. L. No. 105-147, 111
+Stat. 2678.
+
+9  The WIPO Copyright and Performances and Phonograms Treaties
+Implementation Act of 1998 amended section 101 by adding the definition
+of "Geneva Phonograms Convention." Pub. L. No. 105-304, 112 Stat. 2860,
+2861.
+
+10  The Fairness in Music Licensing Act of 1998 amended section 101 by
+adding the definition of "gross square feet of space." Pub. L. No.
+105-298, 112 Stat. 2827, 2833.
+
+11  The WIPO Copyright and Performances and Phonograms Treaties
+Implementation Act of 1998 requires that paragraph (5) of the definition
+of "international agreement" take effect upon entry into force of the
+WIPO Copyright Treaty with respect to the United States. Pub. L. No.
+105-304, 112 Stat. 2860, 2877.
+
+12  The WIPO Copyright and Performances and Phonograms Treaties
+Implementation Act of 1998 requires that paragraph (6) of the definition
+of "international agreement" take effect upon entry into force of the
+WIPO Performances and Phonograms Treaty with respect to the United
+States. Pub. L. No. 105-304, 112 Stat. 2860, 2877.
+
+13  The WIPO Copyright and Performances and Phonograms Treaties
+Implementation Act of 1998 amended section 101 by adding the definition
+of "international agreement." Pub. L. No. 105-304, 112 Stat. 2860, 2861.
+
+14  The Fairness in Music Licensing Act of 1998 amended section 101 by
+adding the definition of "performing rights society." Pub. L. No.
+105-298, 112 Stat. 2827, 2833.
+
+15  The Berne Convention Implementation Act of 1988 amended the
+definition of "Pictorial, graphic, and sculptural works" by inserting
+"diagrams, models, and technical drawings, including architectural
+plans" in the first sentence, in lieu of "technical drawings, diagrams,
+and models." Pub. L. No. 100-568, 102 Stat. 2853, 2854.
+
+16  The Fairness in Music Licensing Act of 1998 amended section 101 by
+adding the definition of "proprietor." Pub. L. No. 105-298, 112 Stat.
+2827, 2833. In 1999, a technical amendment added the phrase "For
+purposes of section 513,", to the beginning of the definition of
+"proprietor." Pub. L. No. 106-44, 113 Stat. 221, 222.
+
+17  The Copyright Renewal Act of 1992 amended section 101 by adding the
+definition of "registration." Pub. L. No. 102-307, 106 Stat. 264, 266.
+
+18  The WIPO Copyright and Performances and Phonograms Treaties
+Implementation Act of 1998 amended section 101 by adding the definition
+of "treaty party." Pub. L. No. 105-304, 112 Stat. 2860, 2861.
+
+19  The Berne Convention Implementation Act of 1988 amended section 101
+by adding the definition of "country of origin" of a Berne Convention
+work, for purposes of section 411. Pub. L. No. 100-568, 102 Stat. 2853,
+2854. The WIPO Copyright and Performances and Phonograms Treaties
+Implementation Act of 1998 amended that definition by changing it to a
+definition for "United States work," for purposes of section 411. Pub.
+L. No. 105-304, 112 Stat. 2860, 2861. In 1999, a technical amendment
+moved the definition of "United States work" to place it in alphabetical
+order, after the definition for "United States." Pub. L. No. 106-44, 113
+Stat. 221, 222.
+
+20  The WIPO Copyright and Performances and Phonograms Treaties
+Implementation Act of 1998 amended section 101 by adding the definition
+of "WIPO Copyright Treaty." Pub. L. No. 105-304, 112 Stat. 2860, 2861.
+That definition is required to take effect upon entry into force of the
+WIPO Copyright Treaty with respect to the United States. Pub. L. No.
+105-304, 112 Stat. 2860, 2877.
+
+21  The WIPO Copyright and Performances and Phonograms Treaties
+Implementation Act of 1998 amended section 101 by adding the definition
+of "WIPO Performances and Phonograms Treaty." Pub. L. No. 105-304, 112
+Stat. 2860, 2862. That definition is required to take effect upon entry
+into force of the WIPO Performances and Phonograms Treaty with respect
+to the United States. Pub. L. No. 105-304, 112 Stat. 2860, 2877.
+
+22  The Visual Artists Rights Act of 1990 amended section 101 by adding
+the definition of "work of visual art." Pub. L. No. 101-650, 104 Stat.
+5089, 5128.
+
+23  The Satellite Home Viewer Improvement Act of 1999 amended the
+definition of "a work made for hire" by inserting "as a sound recording"
+after "audiovisual work." Pub. L. No. 106-113, 113 Stat. 1501, app. I at
+1501A-544. The Work Made for Hire and Copyright Corrections Act of 2000
+amended the definition of "work made for hire" by deleting "as a sound
+recording" after "audiovisual work." Pub. L. No. 106-379, 114 Stat.
+1444. The Act also added a second paragraph to part (2) of that
+definition. *Id.* These changes are effective retroactively, as of
+November 29, 1999.
+
+24  The WIPO Copyright and Performances and Phonograms Treaties
+Implementation Act of 1998 amended section 101 by adding the definitions
+of "WTO Agreement" and "WTO member country," thereby transferring those
+definitions to section 101 from section 104A. Pub. L. No. 105-304, 112
+Stat. 2860, 2862. See also endnote 29, *infra.*
+
+25  In 1980, the definition of "computer program" was added to section
+101. Pub. L. No. 96-517, 94 Stat. 3015, 3028.
+
+26  In 1990, the Architectural Works Copyright Protection Act amended
+subsection 102(a) by adding at the end thereof paragraph (8). Pub. L.
+No. 101-650, 104 Stat. 5089, 5133.
+
+27  The Berne Convention Implementation Act of 1988 amended section
+104(b) by redesignating paragraph (4) as paragraph (5), by inserting
+after paragraph (3) a new paragraph (4) and by adding subsection (c) at
+the end. Pub. L. No. 100-568, 102 Stat. 2853, 2855. The WIPO Copyright
+and Performances and Phonograms Treaties Implementation Act of 1998
+amended section 104 as follows: 1) by amending subsection (b) to
+redesignate paragraphs (3) and (5) as (5) and (6), respectively, and by
+adding a new paragraph (3); 2) by amending section 104(b), throughout;
+and 3) by adding section 104(d). Pub. L. No. 105-304, 112 Stat. 2860,
+2862.
+
+28  The WIPO Copyright and Performances and Phonograms Treaties
+Implementation Act of 1998 requires that subsection (d), regarding the
+effect of phonograms treaties, take effect upon entry into force of the
+WIPO Performances and Phonograms Treaty with respect to the United
+States. Pub. L. No. 105-304, 112 Stat. 2860, 2877.
+
+29  In 1993, the North American Free Trade Agreement Implementation Act
+added section 104A. Pub. L. No. 103-182, 107 Stat. 2057, 2115. In 1994,
+the Uruguay Round Agreements Act amended section 104A in its entirety
+with an amendment in the nature of a substitute. Pub. L. No. 103-465,
+108 Stat. 4809, 4976. On November 13, 1997, Section 104A was amended by
+replacing subsection (d)(3)(A), by striking the last sentence of
+subsection (e)(1)(B)(ii) and by rewriting paragraphs (2) and (3) of
+subsection (h). Pub. L. No. 105-80, 111 Stat. 1529, 1530. The WIPO
+Copyright and Performances and Phonograms Treaties Implementation Act of
+1998 amended section 104A by rewriting paragraphs (1) and (3) of
+subsection (h); by adding subparagraph (E) to subsection (h)(6); and by
+amending subsection (h)(8)(B)(i). Pub. L. No. 105-304, 112 Stat. 2860,
+2862. That act also deleted paragraph (9), thereby transferring the
+definitions for "WTO Agreement" and "WTO member country" from section
+104A to section 101. Pub. L. No. 105-304, 112 Stat. 2860, 2863. See also
+endnote 24, *supra.*
+
+30  The WIPO Copyright and Performances and Phonograms Treaties
+Implementation Act of 1998 requires that subparagraph (C) of the
+definition of "date of adherence or proclamation" take effect upon entry
+into force of the WIPO Copyright Treaty with respect to the United
+States. Pub. L. No. 105-304, 112 Stat. 2860, 2877.
+
+31  The WIPO Copyright and Performances and Phonograms Treaties
+Implementation Act of 1998 requires that subparagraph (D) of the
+definition of "date of adherence or proclamation" take effect upon entry
+into force of the WIPO Performances and Phonograms Treaty with respect
+to the United States. Pub. L. No. 105-304, 112 Stat. 2860, 2877.
+
+32  The WIPO Copyright and Performances and Phonograms Treaties
+Implementation Act of 1998 requires that subparagraph (C) of the
+definition of "eligible country" take effect upon entry into force of
+the WIPO Copyright Treaty with respect to the United States. Pub. L. No.
+105-304, 112 Stat. 2860, 2877.
+
+33  The WIPO Copyright and Performances and Phonograms Treaties
+Implementation Act of 1998 requires that subparagraph (D) of the
+definition of "eligible country" take effect upon entry into force of
+the WIPO Performance and Phonograms Treaty with respect to the United
+States. Pub. L. No. 105-304, 112 Stat. 2860, 2877.
+
+34  The WIPO Copyright and Performances and Phonograms Treaties
+Implementation Act of 1998 requires that subparagraph (E) of the
+definition of "restored work" take effect upon entry into force of the
+WIPO Performances and Phonograms Treaty with respect to the United
+States. Pub. L. No. 105-304, 112 Stat. 2860, 2877.
+
+35  In 1968, the Standard Reference Data Act provided an exception to
+Section 105, Pub. L. No. 90-396, 82 Stat. 339. Section 6 of that act
+amended title 15 of the *United States Code* by authorizing the
+Secretary of Commerce, at 15 U.S.C. 290e, to secure copyright and
+renewal thereof on behalf of the United States as author or proprietor
+"in all or any part of any standard reference data which he prepares or
+makes available under this chapter," and to "authorize the reproduction
+and publication thereof by others." See also section 105(f) of the
+Transitional and Supplementary Provisions of the Copyright Act of 1976,
+in Part I of the Appendix. Pub. L. No. 94-553, 90 Stat. 2541.
+
+36  The Digital Performance Right in Sound Recordings Act of 1995
+amended section 106 by adding paragraph (6). Pub. L. No. 104-39, 109
+Stat. 336. In 1999, a technical amendment substituted "121" for "120."
+Pub. L. No. 106-44, 113 Stat. 221, 222.
+
+37  The Visual Artists Rights Act of 1990 added section 106A. Pub. L.
+No. 101-650, 104 Stat. 5089, 5128. The Act states that, generally,
+section 106A is to take effect six months after the date of its
+enactment, that is, six months after December 1, 1990, and that the
+rights created by section 106A shall apply to (1) works created before
+such effective date but title to which has not, as of such effective
+date, been transferred from the author and (2) works created on or after
+such effective date, but shall not apply to any destruction, distortion,
+mutilation or other modification (as described in section 106A(a)(3)) of
+any work which occurred before such effective date. See also, endnote 3,
+chapter 3.
+
+38  The Visual Artists Rights Act of 1990 amended section 107 by adding
+the reference to section 106A. Pub. L. No. 101-650, 104 Stat. 5089,
+5132. In 1992, section 107 was also amended to add the last sentence.
+Pub. L. No. 102-492, 106 Stat. 3145.
+
+39  The Copyright Amendments Act of 1992 amended section 108 by
+repealing subsection (i) in its entirety. Pub. L. No. 102-307, 106 Stat.
+264, 272. In 1998, the Digital Millennium Copyright Act amended section
+108 by making changes to subsections (a), (b) and (c); by redesignating
+subsection (h) as (i); and by adding a new subsection (h). Pub. L. No.
+105-304, 112 Stat. 2860, 2889.
+
+40  The Record Rental Amendment of 1984 amended section 109 by
+redesignating subsections (b) and (c) as subsections (c) and (d),
+respectively, and by inserting a new subsection (b) after subsection
+(a). Pub. L. No. 98-450, 98 Stat. 1727. Section 4(b) of the Act states
+that the provisions of section 109(b), as added by section 2 of the Act,
+"shall not affect the right of an owner of a particular phonorecord of a
+sound recording, who acquired such ownership before [October 4, 1984],
+to dispose of the possession of that particular phonorecord on or after
+such date of enactment in any manner permitted by section 109 of title
+17, United States Code, as in effect on the day before the date of the
+enactment of this Act." Pub. L. No. 98-450, 98 Stat. 1727, 1728. Section
+4(c) of the Act also states that the amendments "shall not apply to
+rentals, leasings, lendings (or acts or practices in the nature of
+rentals, leasings, or lendings) occurring after the date which is 13
+years after [October 4, 1984]" In 1988, the Record Rental Amendment Act
+of 1984 was amended to extend the time period in section 4(c) from 5
+years to 13 years. Pub. L. No. 100-617, 102 Stat. 3194. In 1993, the
+North American Free Trade Agreement Implementation Act repealed section
+4(c) of the Record Rental Amendment of 1984. Pub. L. No. 103-182, 107
+Stat. 2057, 2114. Also in 1988, technical amendments to section 109(d)
+inserted "(c)" in lieu of "(b)" and substituted "copyright" in lieu of
+"coyright" Pub. L. No. 100-617, 102 Stat. 3194.
+
+The Computer Software Rental Amendments Act of 1990 amended section
+109(b) as follows: 1) paragraphs (2) and (3) were redesignated as
+paragraphs (3) and (4), respectively; 2) paragraph (1) was struck out
+and new paragraphs (1) and (2) were inserted in lieu thereof; and 3)
+paragraph (4), as redesignated, was amended in its entirety with a new
+paragraph (4) inserted in lieu thereof. Pub. L. No. 101-650, 104 Stat.
+5089, 5134. The Act states that section 109(b), as amended, "shall not
+affect the right of a person in possession of a particular copy of a
+computer program, who acquired such copy before the date of the
+enactment of this Act, to dispose of the possession of that copy on or
+after such date of enactment in any manner permitted by section 109 of
+title 17, United States Code, as in effect on the day before such date
+of enactment." The Act also states that the amendments made to section
+109(b) "shall not apply to rentals, leasings, or lendings (or acts or
+practices in the nature of rentals, leasings, or lendings) occurring on
+or after October 1, 1997." However, this limitation, which is set forth
+in the first sentence of section 804 (c) of the Computer Software Rental
+Amendments Act of 1990, at 104 Stat. 5136, was subsequently deleted in
+1994 by the Uruguay Round Agreements Act. Pub. L. No. 103-465, 108 Stat.
+4809, 4974.
+
+The Computer Software Rental Amendments Act of 1990 also amended section
+109 by adding at the end thereof subsection (e). Pub. L. No. 101-650,
+104 Stat. 5089, 5135. That Act states that the provisions contained in
+the new subsection (e) shall take effect 1 year after the date of
+enactment of such Act, that is, one year after December 1, 1990. The Act
+also states that such amendments so made "shall not apply to public
+performances or displays that occur on or after October 1, 1995."
+
+In 1994, the Uruguay Round Agreements Act amended section 109(a) by
+adding the second sentence, which begins with "Notwithstanding the
+preceding sentence." Pub. L. No. 103-465, 108 Stat. 4809, 4981.
+
+41  In 1988, the Extension of Record Rental Amendment amended section
+110 by adding paragraph (10). Pub. L. No. 97-366, 96 Stat. 1759. In
+1997, the Technical Corrections to the Satellite Home Viewer Act amended
+section 110 by inserting a semicolon in lieu of the period at the end of
+paragraph (8); by inserting "; and" in lieu of the period at the end of
+paragraph (9); and by inserting "(4)" in lieu of "4 above" in paragraph
+(10). Pub. L. No. 105-80, 111 Stat. 1529, 1534. The Fairness in Music
+Licensing Act of 1998 amended section 110, in paragraph 5, by adding
+subparagraph (B) and by making conforming amendments to subparagraph
+(A); by adding the phrase "or of the audiovisual or other devices
+utilized in such performance" to paragraph 7; and by adding the last
+paragraph to section 110 that begins "The exemptions provided under
+paragraph (5)." Pub. L. No. 105-298, 112 Stat. 2827, 2830. In 1999, a
+technical amendment made corrections to conform paragraph designations
+that were affected by amendments previously made by the Fairness in
+Music Licensing Act of 1998. Pub. L. No. 106-44, 113 Stat. 221.
+
+42  In 1986, section 111(d) was amended by striking out paragraph (1)
+and by redesignating paragraphs (2), (3), (4) and (5) as paragraphs (1),
+(2), (3) and (4), respectively. Pub. L. 99-397, 100 Stat. 848. Also, in
+1986, section 111(f) was amended by substituting "subsection (d)(1)" for
+"subsection (d)(2)" in the last sentence of the definition of "secondary
+transmission" and by adding a new sentence after the first sentence in
+the definition of "local service area of a primary transmitter." Pub. L.
+No. 99-397, 100 Stat. 848.
+
+The Satellite Home Viewer Act of 1988 amended subsection 111(a) by
+striking "or" at the end of paragraph (3), by redesignating paragraph
+(4) as paragraph (5) and by inserting a new paragraph (4). Pub. L. No.
+100-667, 102 Stat. 3935, 3949. That Act also amended section (d)(1)(A)
+by adding the second sentence which begins with "In determining the
+total number."* Id.*
+
+The Copyright Royalty Tribunal Reform Act of 1993 amended section 111(d)
+by substituting "Librarian of Congress" for "Copyright Royalty Tribunal"
+where appropriate, by inserting a new sentence in lieu of the second and
+third sentences of paragraph (2) and, in paragraph (4), by amending
+subparagraph (B) in its entirety with substitute language. Pub. L. No.
+103-198, 107 Stat. 2304, 2311.
+
+The Satellite Home Viewer Act of 1994 amended section 111(f) by
+inserting "microwave" after "wires, cables," in the paragraph relating
+to the definition of "cable system" and by inserting new matter after
+"April 15, 1976," in the paragraph relating to the definition of "local
+service area of a primary transmitter." Pub. L. No. 103-369, 108 Stat.
+3477, 3480. That Act provides that the amendment "relating to the
+definition of the local service area of a primary transmitter, shall
+take effect on July 1, 1994." *Id.*
+
+In 1995, the Digital Performance in Sound Recordings Act amended section
+111(c)(1) by inserting "and section 114(d)" in the first sentence, after
+"of this subsection." Pub. L. No. 104-39, 109 Stat. 336, 348.
+
+The Satellite Home Viewer Improvement Act of 1999 amended section 111 by
+substituting "statutory" for "compulsory" and "programming" for
+"programing," wherever they appeared. Pub. L. No. 106-113, 113 Stat.
+1501, app. I at 1501A-543. The Act also amended sections 111(a) and (b)
+by inserting "performance or display of a work embodied in a primary
+transmission" in lieu of "primary transmission embodying a performance
+or display of a work." It amended paragraph (1) of section 111(c) by
+inserting "a performance or display of a work embodied in" after "by a
+cable system of" and by striking "and embodying a performance or display
+of a work." It amended subparagraphs (3) and (4) of section 111(a) by
+inserting "a performance or display of a work embodied in a primary
+transmission" in lieu of "a primary transmission" and by striking "and
+embodying a performance or display of a work." *Id.*
+
+43  Royalty rates specified by the compulsory licensing provisions of
+this section are subject to adjustment by copyright arbitration royalty
+panels appointed and convened by the Librarian of Congress in accordance
+with the provisions of Chapter 8 of title 17 of the *United States Code,
+*as amended by the Copyright Royalty Tribunal Reform Act of 1993, Pub.
+L. No. 103-198, 107 Stat. 2304, 2311.
+
+44  In 1998, the Digital Millennium Copyright Act amended section 112 by
+redesignating subsection (a) as subsection (a)(1); by redesignating
+former sections (a)(1), (a)(2) and (a)(3) as subsections (a)(1)(A), (a)
+(1)(B) and (a)(1)(C), respectively; by adding subsection (a)(2); and by
+amending the language in new subsection (a)(1). Pub. L. No. 105-304, 112
+Stat. 2860, 2888. The Digital Millennium Copyright Act also amended
+section 112 by redesignating subsection (e) as subsection (f) and adding
+a new subsection (e). Pub. L. No. 105-304, 112 Stat. 2860, 2899. In
+1999, a technical amendment to section 112(e) redesignated paragraphs
+(3) through (10) as (2) through (9) and corrected the paragraph
+references throughout that section to conform to those redesignations.
+Pub. L. No. 106-44, 113 Stat. 221.
+
+45  The Visual Artists Rights Act of 1990 amended section 113 by adding
+subsection (d) at the end thereof. Pub. L. No. 101-650, 104 Stat. 5089,
+5130.
+
+46  The Digital Performance Right in Sound Recordings Act of 1995
+amended section 114 as follows: 1) in subsection (a), by striking "and
+(3)" and inserting in lieu thereof "(3) and (6)"; 2) in subsection (b)
+in the first sentence, by striking "phonorecords, or of copies of motion
+pictures and other audiovisual works," and inserting "phonorecords or
+copies"; and 3) by striking subsection (d) and inserting in lieu thereof
+new subsections (d), (e), (f), (g), (h), (i), and (j). Pub. L. No.
+104-39, 109 Stat. 336. In 1997, subsection 114(f) was amended by
+inserting all the text that appears after "December 31, 2000" (which is
+now December 31, 2001, in paragraph (1)(A)) and by striking "and publish
+in the Federal Register." Pub. L. No. 105-80, 111 Stat. 1529, 1531.
+
+In 1998, the Digital Millennium Copyright Act amended section 114(d) by
+replacing paragraphs (1)(A) and (2) with amendments in the nature of
+substitutes. Pub. L. No. 105-304, 112 Stat. 2860, 2890. That Act also
+amended section 114(f) by revising the title; by redesignating paragraph
+(1) as paragraph (1)(A); by adding paragraph (1)(B) in lieu of
+paragraphs (2), (3), (4) and (5); and by amending the language in newly
+designated paragraph (1)(A), including revising the effective date from
+December 31, 2000, to December 31, 2001. Pub. L. No. 105-304, 112 Stat.
+2860, 2894. The Digital Millennium Copyright Act also amended subsection
+114(g) by substituting "transmission" in lieu of "subscription
+transmission," wherever it appears and, in the first sentence in
+paragraph (g)(1), by substituting "transmission licensed under a
+statutory license" in lieu of "subscription transmission licensed." Pub.
+L. No. 105-304, 112 Stat. 2860, 2897. That Act also amended subsection
+114(j) by redesignating paragraphs (2), (3), (5), (6), (7) and (8) as
+(3), (5), (9), (12), (13) and (14), respectively; by amending paragraphs
+(4) and (9) in their entirety and resdesignating them as paragraphs (7)
+and (15), respectively; and by adding new definitions, including,
+paragraph (2) defining "archived program," paragraph (4) defining
+"continuous program," paragraph (6) defining "eligible nonsubscription
+transmission," paragraph (8) defining "new subscription service,"
+paragraph (10) defining "preexisting satellite digital audio radio
+service" and paragraph (11) defining "preexisting subscription service."
+Pub. L. No. 105-304, 112 Stat. 2860, 2897.
+
+47  The Digital Millennium Copyright Act states that "the publication of
+notice of proceedings under section 114(f)(1) . . . as in effect upon
+the effective date of [the Digital Performance Right in Sound Recordings
+Act of 1995, Pub. L. No. 104-39, 109 Stat. 336], for the determination
+of royalty payments shall be deemed to have been made for the period
+beginning on the effective date of that Act and ending on December 1,
+2001." Pub. L. No. 105-304, 112 Stat. 2860, 2899.
+
+48  The Digital Millennium Copyright Act contains an additional
+effective date provision for the amendment that changed the date in
+subsection 114(f)(1)(A) to December 31, 2001. This provision is
+paragraph 405(a)(5) of the Digital Millennium Copyright Act which is in
+Appendix V of this publication.
+
+49  The Record Rental Amendment of 1984 amended section 115 by
+redesignating paragraphs (3) and (4) of subsection (c) as paragraphs (4)
+and (5), respectively, and by adding a new paragraph (3). Pub. L. No.
+98-450, 98 Stat. 1727.
+
+In 1997, section 115 was amended by striking "and publish in the Federal
+Register" in subparagraph 115(c)(3)(D). Pub. L. No. 105-80, 111 Stat.
+1529, 1531. The same legislation also amended section 115(c)(3)(E) by
+replacing the phrases "sections 106(1) and (3)" and "sections 106(1) and
+106(3)" with "paragraphs (1) and (3) of section 106." Pub. L. No.
+105-80, 111 Stat. 1529, 1534.
+
+The Digital Performance Right in Sound Recordings Act of 1995 amended
+section 115 as follows: 1) in the first sentence of subsection (a)(1),
+by striking "any other person" and inserting in lieu thereof "any other
+person, including those who make phonorecords or digital phonorecord
+deliveries,"; 2) in the second sentence of the same subsection, by
+inserting before the period "including by means of a digital phonorecord
+delivery"; 3) in the second sentence of subsection (c)(2), by inserting
+"and other than as provided in paragraph (3)," after "For this
+purpose,"; 4) by redesignating paragraphs (3), (4) and (5) of subsection
+(c) as paragraphs (4), (5) and (6), respectively, and by inserting after
+paragraph (2) a new paragraph (3); and (5) by adding after subsection
+(c) a new subsection (d). Pub. L. No. 104-39, 109 Stat. 336, 344.
+
+50  Royalty rates specified by the compulsory licensing provisions of
+this section are subject to adjustment by copyright arbitration royalty
+panels appointed and convened by the Librarian of Congress in accordance
+with the provisions of Chapter 8 of title 17 of the *United States
+Code*, as amended by the Copyright Royalty Tribunal Reform Act of 1993.
+Pub. L. No. 103-198, 107 Stat. 2304.
+
+51  Pursuant to this subsection and section 803(a)(3) of title 17, the
+current rates have been established by regulation and may be found at 37
+C.F.R. 255.
+
+52  The Berne Convention Implementation Act of 1988 added section 116A.
+Pub. L. No. 100-568, 102 Stat. 2853, 2855. The Copyright Royalty
+Tribunal Reform Act of 1993 redesignated section 116A as section 116;
+repealed the preexisting section 116; in the redesignated section 116,
+struck subsections (b), (e), (f) and (g), and redesignated subsections
+(c) and (d) as subsections (b) and (c), respectively; and substituted,
+where appropriate, "Librarian of Congress" or "copyright arbitration
+royalty panel" for "Copyright Royalty Tribunal." Pub. L. No. 103-198,
+107 Stat. 2304, 2309. In 1997, section 116 was amended by rewriting
+subsection (b)(2) and by adding a new subsection (d). Pub. L. No.
+105-80, 111 Stat. 1529, 1531.
+
+53  In 1980, section 117 was amended in its entirety. Pub. L. No.
+96-517, 94 Stat. 3015, 3028. In 1998, the Computer Maintenance
+Competition Assurance Act amended section 117 by inserting headings for
+subsections (a) and (b) and by adding subsections (c) and (d). Pub. L.
+No. 105-304, 112 Stat. 2860, 2887.
+
+54  The Copyright Royalty Tribunal Reform Act of 1993 amended section
+118 by striking the first two sentences of subsection (b), by
+substituting a new first sentence in paragraph (3) and by making general
+conforming amendments throughout. Pub. L. 103-198, 107 Stat. 2304, 2309.
+In 1999, a technical amendment deleted paragraph (2) from section
+118(e). Pub. L. No. 106-44, 113 Stat. 221, 222.
+
+55  The Satellite Home Viewer Act of 1988 added section 119. Pub. L. No.
+100-667, 102 Stat. 3935, 3949. The Copyright Royalty Tribunal Reform Act
+of 1993 amended subsections (b) and (c) of section 119 by substituting
+"Librarian of Congress" in lieu of "Copyright Royalty Tribunal" wherever
+it appeared and by making related conforming amendments. Pub. L. No.
+103-198, 107 Stat. 2304, 2310. The Copyright Royalty Tribunal Reform Act
+of 1993 also amended paragraph (c)(3) by deleting subparagraphs (B),
+(C), (E) and (F) and by redesignating subparagraph (D) as (B), (G) as
+(C) and (H) as (D). The redesignated subparagraph (C) was amended in its
+entirety and paragraph (c)(4) was deleted. *Id.*
+
+The Satellite Home Viewer Act of 1994 further amended section 119. Pub.
+L. No. 103-369, 108 Stat. 3477. In 1997, technical corrections and
+clarifications were made to the Satellite Home Viewer Act of 1994. Pub.
+L. No. 105-80, 111 Stat. 1529. Those two acts amended section 119 as
+follows: 1) by deleting or replacing obsolete effective dates; 2) in
+subsection (a)(5), by adding subparagraph (D); 3) in subsection (a), by
+adding paragraphs (8), (9) and (10); 4) in subsection (b)(1)(B), by
+adjusting the royalty rate for retransmitted superstations; 5) in
+subsection (c)(3), by replacing subparagraph (B) with an amendment in
+the nature of a substitute; 6) in subsections (d)(2) and (d)(6), by
+modifying the definition of "network station" and "satellite carrier";
+and 7) in subsection (d), by adding paragraph 11 to define "local
+market."
+
+Pursuant to section 4 of the Satellite Home Viewer Act of 1994, the
+changes made by that Act to section 119 of the *United States Code*
+ceased to be effective on December 31, 1999. Pub. L. No. 103-369, 108
+Stat. 3477, 3481. However, section 1003 of the Satellite Home Viewer
+Improvement Act of 1999 extended that date to December 31, 2004. Pub. L.
+No. 106-113, 113 Stat. 1501, app. I at 1501A-527.
+
+The Digital Performance Right in Sound Recordings Act of 1995 amended
+section 119 in the first sentence of subsections (a)(1) and (a)(2)(A),
+respectively, by inserting the words "and section 114(d)" after "of this
+subsection." Pub. L. No. 104-39, 109 Stat. 336, 348. In 1999, a
+technical amendment substituted "network station's" for "network's
+stations" in section 119(a)(8)(C)(ii). Pub. L. No. 106-44, 113 Stat.
+221, 222.
+
+The Satellite Home Viewer Improvement Act of 1999 amended section 119(a)
+(1) as follows: 1) by inserting "AND PBS SATELLITE FEED" after
+"SUPERSTATIONS" in the paragraph heading; 2) by inserting "performance
+or display of a work embodied in a primary transmission made by a
+superstation or by the Public Broadcasting Service satellite feed" in
+lieu of "primary transmission made by a superstation and embodying a
+performance or display of a work," (see endnote 55, *infra*) and 3) by
+adding the last sentence, which begins "In the case of the Public
+Broadcasting Service." Pub. L. No. 106-113, 113 Stat. 1501, app. I at
+1501A-530 and 543. The Act states that these amendments shall be
+effective as of July 1, 1999, except for a portion of the second item,
+starting with "performance or display" through "superstation." Pub. L.
+No. 106-113, 113 Stat. 1501, app. I at 1501A-544. The Act also amended
+section 119(a) by inserting the phrase "with regard to secondary
+transmissions the satellite carrier is in compliance with the rules,
+regulations, or authorization of the Federal Communications Commission
+governing the carriage of television broadcast stations signals" in
+paragraphs (1) and (2) and by inserting into paragraph (2), "a
+performance or display of a work embodied in a primary transmission made
+by a network station" in lieu of "programming contained in a primary
+transmission made by a network station and embodying a performance or
+display of a work." *Id.* at 1501A-531 and 544. The Act amended section
+119(a)(2) by substituting new language for paragraph (B) and, in
+paragraph (C), by deleting "currently" after "the satellite carrier"
+near the end of the first sentence. *Id.* at 1501A-528 and 544. It also
+amended section 119(a)(4) by inserting "a performance or display of a
+work embodied in" after "by a satellite carrier of" and by deleting "and
+embodying a performance or display of a work." *Id.* at 1501A-544. The
+Satellite Home Viewer Improvement Act of 1999 further amended section
+119(a) by adding subparagraph (E) to paragraph (5). *Id.* at 1501A-528.
+It amended section 119(a)(6) by inserting "performance or display of a
+work embodied in" after "by a satellite carrier of" and by deleting "and
+embodying a performance or display of a work."* Id.* The Act also
+amended section 119(a) by adding paragraphs (11) and (12). *Id.* at
+1501A-529 and 531.
+
+The Satellite Home Viewer Improvement Act of 1999 amended section 119(b)
+(1) by inserting "or the Public Broadcasting Service satellite feed"
+into subparagraph (B). (See endnote 60, *infra.*) *Id.* at 1501A-530.
+The Act amended section 119(c) by adding a new paragraph (4). *Id.* at
+1501A-527. The Act amended section 119(d) by substituting new language
+for paragraphs (9) through (11) and by adding paragraph (12).* Id.* at
+1501A-527, 530 and 531. The Act substituted new language for section
+119(e). *Id.* at 1501A-529.
+
+56  The Satellite Home Viewer Improvement Act of 1999 amended section
+119(a)(1) by deleting "primary transmission made by a superstation and
+embodying a performance or display of a work" and inserting in its place
+"performance or display of a work embodied in a primary transmission
+made by a superstation." Pub. L. No. 106-113, 113 Stat. 1501, app. I at
+1501A-543. This amendatory language did not take into account a prior
+amendment which had inserted "or by the Public Broadcasting Service
+satellite feed" after "superstation" into the phrase quoted above that
+was deleted. Pub. L. No. 106-113, 113 Stat. 1501, app. I at 1501A-530.
+There was no mention of the phrase "or by the Public Broadcasting
+Service satellite feed" in that second amendment. To accommodate both
+amendments, the phrase "or by the Public Broadcasting Service satellite
+feed" has been placed at the end of the new language, after
+"superstation."
+
+57  The Satellite Home Viewer Act of 1994 states that "The provisions of
+section 119(a)(5)(D) . . . relating to the burden of proof of satellite
+carriers, shall take effect on January 1, 1997, with respect to civil
+actions relating to the eligibility of subscribers who subscribed to
+service as an unserved household before the date of the enactment of
+this Act." Pub. L. No. 103-369, 108 Stat. 3477, 3481.
+
+58  It appears that section 1011(b)(2)(D)(i) of the Satellite Home
+Viewer Improvement Act of 1999 inadvertently omitted the word "a" when
+it amended this paragraph. Pub. L. No. 106-113, 113 Stat. 1501, app. I
+at 1501A-528.
+
+59  The Satellite Home Viewer Act of 1994 states that "The provisions of
+section 119(a)(8)[,] . . . relating to transitional signal intensity
+measurements, shall cease to be effective on December 31, 1996." Pub. L.
+No. 103-369, 108 Stat. 3477, 3481.
+
+60  It appears that Congress intended for the Satellite Home Viewer
+Improvement Act of 1999 to amend section 119(a) of title 17, as amended
+by section 1005(d) of the Satellite Home Viewer Improvement Act of 1999,
+by adding a new paragraph (12) at the end thereof. Pub. L. No. 106-113,
+113 Stat. 1501, app. I at 1501A-531. However, due to a drafting error,
+the reference in the amendment is to section 119(a) as amended by
+section 1005(e), instead.
+
+61  It appears that Congress intended for the Satellite Home Viewer
+Improvement Act of 1999 to amend section 119(b)(1)(B)(ii) to insert "or
+the Public Broadcasting Service satellite feed" after "network station."
+Pub. L. No. 106-113, 113 Stat. 1501, app. I at 1501A-530. However, due
+to a drafting error, the reference in the amendment is to section 119(b)
+(1)(B)(iii), instead. The Act states that this amendment shall be
+effective as of July 1, 1999. Pub. L. No. 106-113, 113 Stat. 1501, app.
+I at 1501A-544.
+
+62  The Satellite Home Viewer Improvement Act of 1999 states that
+section 119(c)(4) shall be effective as of July 1, 1999. Pub. L. No.
+106-113, 113 Stat. 1501, app. I at 1501A-527.
+
+63  The Satellite Home Viewer Improvement Act of 1999 states that
+section 119(c)(5) shall be effective as of July 1, 1999. Pub. L. No.
+106-113, 113 Stat. 1501, app. I at 1501A-544.
+
+64  The Satellite Home Viewer Improvement Act of 1999 states that
+section 119(d)(9) shall be effective as of July 1, 1999. Pub. L. No.
+106-113, 113 Stat. 1501, app. I at 1501A-544.
+
+65  The Satellite Home Viewer Improvement Act of 1999 states that
+section 119(d)(12) shall be effective as of July 1, 1999. Pub. L. No.
+106-113, 113 Stat. 1501, app. I at 1501A-544.
+
+66  In 1990, the Architectural Works Copyright Protection Act added
+section 120. Pub. L. No. 101-650, 104 Stat. 5089, 5133.
+
+67  The Legislative Branch Appropriations Act, 1997, added section 121.
+Pub. L. No. 104-197, 110 Stat. 2394, 2416. The Work Made for Hire and
+Copyright Corrections Act of 2000 amended section 121 by substituting
+"section 106" for "sections 106 and 710." Pub. L. No. 106-379, 114 Stat.
+1444, 1445.
+
+68  The Satellite Home Viewer Improvement Act of 1999 added section 122.
+Pub. L. No. 106-113, 113 Stat. 1501, app. I at 1501A-523. The Act states
+that section 122 shall be effective as of November 29, 1999. Pub. L. No.
+106-113, 113 Stat. 1501, app. I at 1501A-544.
+
+------------------------------------------------------------------------
+
+Chapter 2
+
+Copyright Ownership and Transfer
+
+  + 201. Ownership of copyright
+  + 202. Ownership of copyright as distinct from ownership of material
+         object
+  + 203. Termination of transfers and licenses granted by the author
+  + 204. Execution of transfers of copyright ownership
+  + 205. Recordation of transfers and other documents
+
+
+Section 201. Ownership of copyright {1}
+
+(a) Initial Ownership.  Copyright in a work protected under this title
+vests initially in the author or authors of the work. The authors of a
+joint work are coowner of copyright in the work.
+
+(b) Works Made for Hire.  In the case of a work made for hire, the
+employer or other person for whom the work was prepared is considered
+the author for purposes of this title, and, unless the parties have
+expressly agreed otherwise in a written instrument signed by them, owns
+all of the rights comprised in the copyright.
+
+(c) Contributions to Collective Works.  Copyright in each separate
+contribution to a collective work is distinct from copyright in the
+collective work as a whole, and vests initially in the author of the
+contribution. In the absence of an express transfer of the copyright or
+of any rights under it, the owner of copyright in the collective work is
+presumed to have acquired only the privilege of reproducing and
+distributing the contribution as part of that particular collective
+work, any revision of that collective work, and any later collective
+work in the same series.
+
+(d) Transfer of Ownership.-
+
+(1) The ownership of a copyright may be transferred in whole or in part
+by any means of conveyance or by operation of law, and may be bequeathed
+by will or pass as personal property by the applicable laws of intestate
+succession.
+
+(2) Any of the exclusive rights comprised in a copyright, including any
+subdivision of any of the rights specified by section 106, may be
+transferred as provided by clause (1) and owned separately. The owner of
+any particular exclusive right is entitled, to the extent of that right,
+to all of the protection and remedies accorded to the copyright owner by
+this title.
+
+(e) Involuntary Transfer.  When an individual author's ownership of a
+copyright, or of any of the exclusive rights under a copyright, has not
+previously been transferred voluntarily by that individual author, no
+action by any governmental body or other official or organization
+purporting to seize, expropriate, transfer, or exercise rights of
+ownership with respect to the copyright, or any of the exclusive rights
+under a copyright, shall be given effect under this title, except as
+provided under title 11. [2]
+
+
+Section 202. Ownership of copyright as distinct from ownership of material
+object.
+
+Ownership of a copyright, or of any of the exclusive rights under a
+copyright, is distinct from ownership of any material object in which
+the work is embodied. Transfer of ownership of any material object,
+including the copy or phonorecord in which the work is first fixed, does
+not of itself convey any rights in the copyrighted work embodied in the
+object; nor, in the absence of an agreement, does transfer of ownership
+of a copyright or of any exclusive rights under a copyright convey
+property rights in any material object.
+
+
+Section 203. Termination of transfers and licenses granted by the
+author [3]
+
+(a) Conditions for Termination.  In the case of any work other than a
+work made for hire, the exclusive or nonexclusive grant of a transfer or
+license of copyright or of any right under a copyright, executed by the
+author on or after January 1, 1978, otherwise than by will, is subject
+to termination under the following conditions:
+
+(1) In the case of a grant executed by one author, termination of the
+grant may be effected by that author or, if the author is dead, by the
+person or persons who, under clause (2) of this subsection, own and are
+entitled to exercise a total of more than one-half of that author's
+termination interest. In the case of a grant executed by two or more
+authors of a joint work, termination of the grant may be effected by a
+majority of the authors who executed it; if any of such authors is dead,
+the termination interest of any such author may be exercised as a unit
+by the person or persons who, under clause (2) of this subsection, own
+and are entitled to exercise a total of more than one-half of that
+author's interest.
+
+(2) Where an author is dead, his or her termination interest is owned,
+and may be exercised, as follows:
+
+(A) the widow or widower owns the author's entire termination interest
+unless there are any surviving children or grandchildren of the author,
+in which case the widow or widower owns one-half of the author's
+interest;
+
+(B) the author's surviving children, and the surviving children of any
+dead child of the author, own the author's entire termination interest
+unless there is a widow or widower, in which case the ownership of one-
+half of the author's interest is divided among them;
+
+(C) the rights of the author's children and grandchildren are in all
+cases divided among them and exercised on a per stirpes basis according
+to the number of such author's children represented; the share of the
+children of a dead child in a termination interest can be exercised only
+by the action of a majority of them.
+
+(D) In the event that the author's widow or widower, children, and
+grandchildren are not living, the author's executor, administrator,
+personal representative, or trustee shall own the author's entire
+termination interest.
+
+(3) Termination of the grant may be effected at any time during a period
+of five years beginning at the end of thirty-five years from the date of
+execution of the grant; or, if the grant covers the right of publication
+of the work, the period begins at the end of thirty-five years from the
+date of publication of the work under the grant or at the end of forty
+years from the date of execution of the grant, whichever term ends
+earlier.
+
+(4) The termination shall be effected by serving an advance notice in
+writing, signed by the number and proportion of owners of termination
+interests required under clauses (1) and (2) of this subsection, or by
+their duly authorized agents, upon the grantee or the grantee's
+successor in title.
+
+(A) The notice shall state the effective date of the termination, which
+shall fall within the five-year period specified by clause (3) of this
+subsection, and the notice shall be served not less than two or more
+than ten years before that date. A copy of the notice shall be recorded
+in the Copyright Office before the effective date of termination, as a
+condition to its taking effect.
+
+(B) The notice shall comply, in form, content, and manner of service,
+with requirements that the Register of Copyrights shall prescribe by
+regulation.
+
+(5) Termination of the grant may be effected notwithstanding any
+agreement to the contrary, including an agreement to make a will or to
+make any future grant.
+
+(b) Effect of Termination.  Upon the effective date of termination, all
+rights under this title that were covered by the terminated grants
+revert to the author, authors, and other persons owning termination
+interests under clauses (1) and (2) of subsection (a), including those
+owners who did not join in signing the notice of termination under
+clause (4) of subsection (a), but with the following limitations:
+
+(1) A derivative work prepared under authority of the grant before its
+termination may continue to be utilized under the terms of the grant
+after its termination, but this privilege does not extend to the
+preparation after the termination of other derivative works based upon
+the copyrighted work covered by the terminated grant.
+
+(2) The future rights that will revert upon termination of the grant
+become vested on the date the notice of termination has been served as
+provided by clause (4) of subsection (a). The rights vest in the author,
+authors, and other persons named in, and in the proportionate shares
+provided by, clauses (1) and (2) of subsection (a).
+
+(3) Subject to the provisions of clause (4) of this subsection, a
+further grant, or agreement to make a further grant, of any right
+covered by a terminated grant is valid only if it is signed by the same
+number and proportion of the owners, in whom the right has vested under
+clause (2) of this subsection, as are required to terminate the grant
+under clauses (1) and (2) of subsection (a). Such further grant or
+agreement is effective with respect to all of the persons in whom the
+right it covers has vested under clause (2) of this subsection,
+including those who did not join in signing it. If any person dies after
+rights under a terminated grant have vested in him or her, that person's
+legal representatives, legatees, or heirs at law represent him or her
+for purposes of this clause.
+
+(4) A further grant, or agreement to make a further grant, of any right
+covered by a terminated grant is valid only if it is made after the
+effective date of the termination. As an exception, however, an
+agreement for such a further grant may be made between the persons
+provided by clause (3) of this subsection and the original grantee or
+such grantee's successor in title, after the notice of termination has
+been served as provided by clause (4) of subsection (a).
+
+(5) Termination of a grant under this section affects only those rights
+covered by the grants that arise under this title, and in no way affects
+rights arising under any other Federal, State, or foreign laws.
+
+(6) Unless and until termination is effected under this section, the
+grant, if it does not provide otherwise, continues in effect for the
+term of copyright provided by this title.
+
+
+Section 204. Execution of transfers of copyright ownership-
+
+(a) A transfer of copyright ownership, other than by operation of law,
+is not valid unless an instrument of conveyance, or a note or memorandum
+of the transfer, is in writing and signed by the owner of the rights
+conveyed or such owner's duly authorized agent.
+
+(b) A certificate of acknowledgment is not required for the validity of
+a transfer, but is prima facie evidence of the execution of the transfer
+if-
+
+(1) in the case of a transfer executed in the United States, the
+certificate is issued by a person authorized to administer oaths within
+the United States; or
+
+(2) in the case of a transfer executed in a foreign country, the
+certificate is issued by a diplomatic or consular officer of the United
+States, or by a person authorized to administer oaths whose authority is
+proved by a certificate of such an officer.
+
+
+Section 205. Recordation of transfers and other documents [4]
+
+(a) Conditions for Recordation.  Any transfer of copyright ownership or
+other document pertaining to a copyright may be recorded in the
+Copyright Office if the document filed for recordation bears the actual
+signature of the person who executed it, or if it is accompanied by a
+sworn or official certification that it is a true copy of the original,
+signed document.
+
+(b) Certificate of Recordation.  The Register of Copyrights shall, upon
+receipt of a document as provided by subsection (a) and of the fee
+provided by section 708, record the document and return it with a
+certificate of recordation.
+
+(c) Recordation as Constructive Notice.  Recordation of a document in the
+Copyright Office gives all persons constructive notice of the facts
+stated in the recorded document, but only if-
+
+(1) the document, or material attached to it, specifically identifies
+the work to which it pertains so that, after the document is indexed by
+the Register of Copyrights, it would be revealed by a reasonable search
+under the title or registration number of the work; and
+
+(2) registration has been made for the work.
+
+(d) Priority Between Conflicting Transfers.  As between two conflicting
+transfers, the one executed first prevails if it is recorded, in the
+manner required to give constructive notice under subsection (c), within
+one month after its execution in the United States or within two months
+after its execution outside the United States, or at any time before
+recordation in such manner of the later transfer. Otherwise the later
+transfer prevails if recorded first in such manner, and if taken in good
+faith, for valuable consideration or on the basis of a binding promise
+to pay royalties, and without notice of the earlier transfer.
+
+(e) Priority Between Conflicting Transfer of Ownership and Nonexclusive
+License.  A nonexclusive license, whether recorded or not, prevails over
+a conflicting transfer of copyright ownership if the license is
+evidenced by a written instrument signed by the owner of the rights
+licensed or such owner's duly authorized agent, and if
+
+(1) the license was taken before execution of the transfer; or
+
+(2) the license was taken in good faith before recordation of the
+transfer and without notice of it.
+
+------------------
+Chapter 2 Endnotes
+
+1  In 1978, section 201(e) was amended by deleting the period at the end
+and adding ", except as provided under title 11."
+
+2  Title 11 of the *United States Code* is entitled "Bankruptcy."
+
+3  In 1998, the Sonny Bono Copyright Term Extension Act amended section
+203 by deleting "by his widow or her widower and his or her
+grandchildren" from the first sentence in paragraph (2) of subsection
+(a) and by adding subparagraph (D) to paragraph (2). Pub. L. No.
+105-298, 112 Stat. 2827, 2829.
+
+4  The Berne Convention Implementation Act of 1988 amended section 205
+by deleting subsection (d) and redesignating subsections (e) and (f) as
+subsections (d) and (e), respectively. Pub. L. No. 100-568, 102 Stat.
+2853, 2857.
+
+------------------------------------------------------------------------
+
+Chapter 3 [1]
+
+Duration of Copyright
+
+  + 301. Preemption with respect to other laws
+  + 302. Duration of copyright: Works created on or after January 1,
+         1978
+  + 303. Duration of copyright: Works created but not published or
+         copyrighted before January 1, 1978
+  + 304. Duration of copyright: Subsisting copyrights
+  + 305. Duration of copyright: Terminal date
+
+
+Section 301. Preemption with respect to other laws [2]
+
+(a) On and after January 1, 1978, all legal or equitable rights that are
+equivalent to any of the exclusive rights within the general scope of
+copyright as specified by section 106 in works of authorship that are
+fixed in a tangible medium of expression and come within the subject
+matter of copyright as specified by sections 102 and 103, whether
+created before or after that date and whether published or unpublished,
+are governed exclusively by this title. Thereafter, no person is
+entitled to any such right or equivalent right in any such work under
+the common law or statutes of any State.
+
+(b) Nothing in this title annuls or limits any rights or remedies under
+the common law or statutes of any State with respect to-
+
+(1) subject matter that does not come within the subject matter of
+copyright as specified by sections 102 and 103, including works of
+authorship not fixed in any tangible medium of expression; or
+
+(2) any cause of action arising from undertakings commenced before
+January 1, 1978;
+
+(3) activities violating legal or equitable rights that are not
+equivalent to any of the exclusive rights within the general scope of
+copyright as specified by section 106; or
+
+(4) State and local landmarks, historic preservation, zoning, or
+building codes, relating to architectural works protected under section
+102(a)(8).
+
+(c) With respect to sound recordings fixed before February 15, 1972, any
+rights or remedies under the common law or statutes of any State shall
+not be annulled or limited by this title until February 15, 2067. The
+preemptive provisions of subsection (a) shall apply to any such rights
+and remedies pertaining to any cause of action arising from undertakings
+commenced on and after February 15, 2067. Notwithstanding the provisions
+of section 303, no sound recording fixed before February 15, 1972, shall
+be subject to copyright under this title before, on, or after February
+15, 2067.
+
+(d) Nothing in this title annuls or limits any rights or remedies under
+any other Federal statute.
+
+(e) The scope of Federal preemption under this section is not affected
+by the adherence of the United States to the Berne Convention or the
+satisfaction of obligations of the United States thereunder.
+
+(f)(1) On or after the effective date set forth in section 610(a) of the
+Visual Artists Rights Act of 1990, all legal or equitable rights that
+are equivalent to any of the rights conferred by section 106A with
+respect to works of visual art to which the rights conferred by section
+106A apply are governed exclusively by section 106A and section 113(d)
+and the provisions of this title relating to such sections. Thereafter,
+no person is entitled to any such right or equivalent right in any work
+of visual art under the common law or statutes of any State. [3]
+
+(2) Nothing in paragraph (1) annuls or limits any rights or remedies
+under the common law or statutes of any State with respect to-
+
+(A) any cause of action from undertakings commenced before the effective
+date set forth in section 610(a) of the Visual Artists Rights Act of
+1990;
+
+(B) activities violating legal or equitable rights that are not
+equivalent to any of the rights conferred by section 106A with respect
+to works of visual art; or
+
+(C) activities violating legal or equitable rights which extend beyond
+the life of the author.
+
+
+Section 302. Duration of copyright: Works created on or after January 1,
+1978 [4]
+
+(a) In General.  Copyright in a work created on or after January 1, 1978,
+subsists from its creation and, except as provided by the following
+subsections, endures for a term consisting of the life of the author and
+70 years after the author's death.
+
+(b) Joint Works.  In the case of a joint work prepared by two or more
+authors who did not work for hire, the copyright endures for a term
+consisting of the life of the last surviving author and 70 years after
+such last surviving author's death.
+
+(c) Anonymous Works, Pseudonymous Works, and Works Made for Hire.  In the
+case of an anonymous work, a pseudonymous work, or a work made for hire,
+the copyright endures for a term of 95 years from the year of its first
+publication, or a term of 120 years from the year of its creation,
+whichever expires first. If, before the end of such term, the identity
+of one or more of the authors of an anonymous or pseudonymous work is
+revealed in the records of a registration made for that work under
+subsections (a) or (d) of section 408, or in the records provided by
+this subsection, the copyright in the work endures for the term
+specified by subsection (a) or (b), based on the life of the author or
+authors whose identity has been revealed. Any person having an interest
+in the copyright in an anonymous or pseudonymous work may at any time
+record, in records to be maintained by the Copyright Office for that
+purpose, a statement identifying one or more authors of the work; the
+statement shall also identify the person filing it, the nature of that
+person's interest, the source of the information recorded, and the
+particular work affected, and shall comply in form and content with
+requirements that the Register of Copyrights shall prescribe by
+regulation.
+
+(d) Records Relating to Death of Authors.  Any person having an interest
+in a copyright may at any time record in the Copyright Office a
+statement of the date of death of the author of the copyrighted work, or
+a statement that the author is still living on a particular date. The
+statement shall identify the person filing it, the nature of that
+person's interest, and the source of the information recorded, and shall
+comply in form and content with requirements that the Register of
+Copyrights shall prescribe by regulation. The Register shall maintain
+current records of information relating to the death of authors of
+copyrighted works, based on such recorded statements and, to the extent
+the Register considers practicable, on data contained in any of the
+records of the Copyright Office or in other reference sources.
+
+(e) Presumption as to Author's Death.  After a period of 95 years from
+the year of first publication of a work, or a period of 120 years from
+the year of its creation, whichever expires first, any person who
+obtains from the Copyright Office a certified report that the records
+provided by subsection (d) disclose nothing to indicate that the author
+of the work is living, or died less than 70 years before, is entitled to
+the benefit of a presumption that the author has been dead for at least
+70 years. Reliance in good faith upon this presumption shall be a
+complete defense to any action for infringement under this title.
+
+
+Section 303. Duration of copyright: Works created but not published or
+copyrighted before January 1, 1978 [5]
+
+(a) Copyright in a work created before January 1, 1978, but not
+theretofore in the public domain or copyrighted, subsists from January
+1, 1978, and endures for the term provided by section 302. In no case,
+however, shall the term of copyright in such a work expire before
+December 31, 2002; and, if the work is published on or before December
+31, 2002, the term of copyright shall not expire before December 31,
+2047.
+
+(b) The distribution before January 1, 1978, of a phonorecord shall not
+for any purpose constitute a publication of the musical work embodied
+therein.
+
+
+Section 304. Duration of copyright: Subsisting copyrights [6]
+
+(a) Copyrights in Their First Term on January 1, 1978.
+
+(1)(A) Any copyright, in the first term of which is subsisting on
+January 1, 1978, shall endure for 28 years from the date it was
+originally secured.
+
+(B) In the case of-
+
+(i) any posthumous work or of any periodical, cyclopedic, or other
+composite work upon which the copyright was originally secured by the
+proprietor thereof, or
+
+(ii) any work copyrighted by a corporate body (otherwise than as
+assignee or licensee of the individual author) or by an employer for
+whom such work is made for hire,
+
+the proprietor of such copyright shall be entitled to a renewal and
+extension of the copyright in such work for the further term of 67
+years.
+
+(C) In the case of any other copyrighted work, including a contribution
+by an individual author to a periodical or to a cyclopedic or other
+composite work-
+
+(i) the author of such work, if the author is still living,
+
+(ii) the widow, widower, or children of the author, if the author is not
+living,
+
+(iii) the author's executors, if such author, widow, widower, or
+children are not living, or
+
+(iv) the author's next of kin, in the absence of a will of the author,
+shall be entitled to a renewal and extension of the copyright in such
+work for a further term of 67 years.
+
+(2)(A) At the expiration of the original term of copyright in a work
+specified in paragraph (1)(B) of this subsection, the copyright shall
+endure for a renewed and extended further term of 67 years, which-
+
+(i) if an application to register a claim to such further term has been
+made to the Copyright Office within 1 year before the expiration of the
+original term of copyright, and the claim is registered, shall vest,
+upon the beginning of such further term, in the proprietor of the
+copyright who is entitled to claim the renewal of copyright at the time
+the application is made; or
+
+(ii) if no such application is made or the claim pursuant to such
+application is not registered, shall vest, upon the beginning of such
+further term, in the person or entity that was the proprietor of the
+copyright as of the last day of the original term of copyright.
+
+(B) At the expiration of the original term of copyright in a work
+specified in paragraph (1)(C) of this subsection, the copyright shall
+endure for a renewed and extended further term of 67 years, which-
+
+(i) if an application to register a claim to such further term has been
+made to the Copyright Office within 1 year before the expiration of the
+original term of copyright, and the claim is registered, shall vest,
+upon the beginning of such further term, in any person who is entitled
+under paragraph (1)(C) to the renewal and extension of the copyright at
+the time the application is made; or
+
+(ii) if no such application is made or the claim pursuant to such
+application is not registered, shall vest, upon the beginning of such
+further term, in any person entitled under paragraph (1)(C), as of the
+last day of the original term of copyright, to the renewal and extension
+of the copyright.
+
+(3)(A) An application to register a claim to the renewed and extended
+term of copyright in a work may be made to the Copyright Office-
+
+(i) within 1 year before the expiration of the original term of
+copyright by any person entitled under paragraph (1)(B) or (C) to such
+further term of 67 years; and
+
+(ii) at any time during the renewed and extended term by any person in
+whom such further term vested, under paragraph (2)(A) or (B), or by any
+successor or assign of such person, if the application is made in the
+name of such person.
+
+(B) Such an application is not a condition of the renewal and extension
+of the copyright in a work for a further term of 67 years.
+
+(4)(A) If an application to register a claim to the renewed and extended
+term of copyright in a work is not made within 1 year before the
+expiration of the original term of copyright in a work, or if the claim
+pursuant to such application is not registered, then a derivative work
+prepared under authority of a grant of a transfer or license of the
+copyright that is made before the expiration of the original term of
+copyright may continue to be used under the terms of the grant during
+the renewed and extended term of copyright without infringing the
+copyright, except that such use does not extend to the preparation
+during such renewed and extended term of other derivative works based
+upon the copyrighted work covered by such grant.
+
+(B) If an application to register a claim to the renewed and extended
+term of copyright in a work is made within 1 year before its expiration,
+and the claim is registered, the certificate of such registration shall
+constitute prima facie evidence as to the validity of the copyright
+during its renewed and extended term and of the facts stated in the
+certificate. The evidentiary weight to be accorded the certificates of a
+registration of a renewed and extended term of copyright made after the
+end of that 1-year period shall be within the discretion of the court.
+
+(b) Copyrights in Their Renewal Term at the Time of the Effective Date
+of the Sonny Bono Copyright Term Extension Act. [7]  Any copyright still
+in its renewal term at the time that the Sonny Bono Copyright Term
+Extension Act becomes effective shall have a copyright term of 95 years
+from the date copyright was originally secured. [8]
+
+(c) Termination of Transfers and Licenses Covering Extended Renewal
+Term.  In the case of any copyright subsisting in either its first or
+renewal term on January 1, 1978, other than a copyright in a work made
+for hire, the exclusive or nonexclusive grant of a transfer or license
+of the renewal copyright or any right under it, executed before January
+1, 1978, by any of the persons designated by subsection (a)(1)(C) of
+this section, otherwise than by will, is subject to termination under
+the following conditions:
+
+(1) In the case of a grant executed by a person or persons other than
+the author, termination of the grant may be effected by the surviving
+person or persons who executed it. In the case of a grant executed by
+one or more of the authors of the work, termination of the grant may be
+effected, to the extent of a particular author's share in the ownership
+of the renewal copyright, by the author who executed it or, if such
+author is dead, by the person or persons who, under clause (2) of this
+subsection, own and are entitled to exercise a total of more than one-
+half of that author's termination interest.
+
+(2) Where an author is dead, his or her termination interest is owned,
+and may be exercised, as follows:
+
+(A) the widow or widower owns the author's entire termination interest
+unless there are any surviving children or grandchildren of the author,
+in which case the widow or widower owns one-half of the author's
+interest;
+
+(B) the author's surviving children, and the surviving children of any
+dead child of the author, own the author's entire termination interest
+unless there is a widow or widower, in which case the ownership of one-
+half of the author's interest is divided among them;
+
+(C) the rights of the author's children and grandchildren are in all
+cases divided among them and exercised on a per stirpes basis according
+to the number of such author's children represented; the share of the
+children of a dead child in a termination interest can be exercised only
+by the action of a majority of them.
+
+(D) In the event that the author's widow or widower, children, and
+grandchildren are not living, the author's executor, administrator,
+personal representative, or trustee shall own the author's entire
+termination interest.
+
+(3) Termination of the grant may be effected at any time during a period
+of five years beginning at the end of fifty-six years from the date
+copyright was originally secured, or beginning on January 1, 1978,
+whichever is later.
+
+(4) The termination shall be effected by serving an advance notice in
+writing upon the grantee or the grantee's successor in title. In the
+case of a grant executed by a person or persons other than the author,
+the notice shall be signed by all of those entitled to terminate the
+grant under clause (1) of this subsection, or by their duly authorized
+agents. In the case of a grant executed by one or more of the authors of
+the work, the notice as to any one author's share shall be signed by
+that author or his or her duly authorized agent or, if that author is
+dead, by the number and proportion of the owners of his or her
+termination interest required under clauses (1) and (2) of this
+subsection, or by their duly authorized agents.
+
+(A) The notice shall state the effective date of the termination, which
+shall fall within the five-year period specified by clause (3) of this
+subsection, or, in the case of a termination under subsection (d),
+within the five-year period specified by subsection (d)(2), and the
+notice shall be served not less than two or more than ten years before
+that date. A copy of the notice shall be recorded in the Copyright
+Office before the effective date of termination, as a condition to its
+taking effect.
+
+(B) The notice shall comply, in form, content, and manner of service,
+with requirements that the Register of Copyrights shall prescribe by
+regulation.
+
+(5) Termination of the grant may be effected notwithstanding any
+agreement to the contrary, including an agreement to make a will or to
+make any future grant.
+
+(6) In the case of a grant executed by a person or persons other than
+the author, all rights under this title that were covered by the
+terminated grant revert, upon the effective date of termination, to all
+of those entitled to terminate the grant under clause (1) of this
+subsection. In the case of a grant executed by one or more of the
+authors of the work, all of a particular author's rights under this
+title that were covered by the terminated grant revert, upon the
+effective date of termination, to that author or, if that author is
+dead, to the persons owning his or her termination interest under clause
+(2) of this subsection, including those owners who did not join in
+signing the notice of termination under clause (4) of this subsection.
+In all cases the reversion of rights is subject to the following
+limitations:
+
+(A) A derivative work prepared under authority of the grant before its
+termination may continue to be utilized under the terms of the grant
+after its termination, but this privilege does not extend to the
+preparation after the termination of other derivative works based upon
+the copyrighted work covered by the terminated grant.
+
+(B) The future rights that will revert upon termination of the grant
+become vested on the date the notice of termination has been served as
+provided by clause (4) of this subsection.
+
+(C) Where the author's rights revert to two or more persons under clause
+(2) of this subsection, they shall vest in those persons in the
+proportionate shares provided by that clause. In such a case, and
+subject to the provisions of subclause (D) of this clause, a further
+grant, or agreement to make a further grant, of a particular author's
+share with respect to any right covered by a terminated grant is valid
+only if it is signed by the same number and proportion of the owners, in
+whom the right has vested under this clause, as are required to
+terminate the grant under clause (2) of this subsection. Such further
+grant or agreement is effective with respect to all of the persons in
+whom the right it covers has vested under this subclause, including
+those who did not join in signing it. If any person dies after rights
+under a terminated grant have vested in him or her, that person's legal
+representatives, legatees, or heirs at law represent him or her for
+purposes of this subclause.
+
+(D) A further grant, or agreement to make a further grant, of any right
+covered by a terminated grant is valid only if it is made after the
+effective date of the termination. As an exception, however, an
+agreement for such a further grant may be made between the author or any
+of the persons provided by the first sentence of clause (6) of this
+subsection, or between the persons provided by subclause (C) of this
+clause, and the original grantee or such grantee's successor in title,
+after the notice of termination has been served as provided by clause
+(4) of this subsection.
+
+(E) Termination of a grant under this subsection affects only those
+rights covered by the grant that arise under this title, and in no way
+affects rights arising under any other Federal, State, or foreign laws.
+
+(F) Unless and until termination is effected under this subsection, the
+grant, if it does not provide otherwise, continues in effect for the
+remainder of the extended renewal term.
+
+(d) Termination Rights Provided in Subsection (c) Which Have Expired on
+or Before the Effective Date of the Sonny Bono Copyright Term Extension
+Act.  In the case of any copyright other than a work made for hire,
+subsisting in its renewal term on the effective date of the Sonny Bono
+Copyright Term Extension Act [9] for which the termination right provided
+in subsection (c) has expired by such date, where the author or owner of
+the termination right has not previously exercised such termination
+right, the exclusive or nonexclusive grant of a transfer or license of
+the renewal copyright or any right under it, executed before January 1,
+1978, by any of the persons designated in subsection (a)(1)(C) of this
+section, other than by will, is subject to termination under the
+following conditions:
+
+(1) The conditions specified in subsections (c) (1), (2), (4), (5), and
+(6) of this section apply to terminations of the last 20 years of
+copyright term as provided by the amendments made by the Sonny Bono
+Copyright Term Extension Act.
+
+(2) Termination of the grant may be effected at any time during a period
+of 5 years beginning at the end of 75 years from the date copyright was
+originally secured.
+
+
+Section 305. Duration of copyright: Terminal date
+
+All terms of copyright provided by sections 302 through 304 run to the
+end of the calendar year in which they would otherwise expire.
+
+------------------
+Chapter 3 Endnotes
+
+1  Private Law 92-60, 85 Stat. 857, effective December 15, 1971, states
+that:
+
+[A]ny provision of law to the contrary notwithstanding, copyright is
+hereby granted to the trustees under the will of Mary Baker Eddy, their
+successors, and assigns, in the work "Science and Health with Key to the
+Scriptures" (entitled also in some editions "Science and Health" or
+"Science and Health; with a Key to the Scriptures"), by Mary Baker Eddy,
+including all editions thereof in English and translation heretofore
+published, or hereafter published by or on behalf of said trustees,
+their successors or assigns, for a term of seventy-five years from the
+effective date of this Act or from the date of first publication,
+whichever is later.
+
+But *cf. United Christian Scientists v. Christian Science Board of
+Directors, First Church of Christ, Scientist*, 829 F.2d 1152, 4 USPQ2d
+1177 (D.C. Cir. 1987) (holding Priv. L. 92-60, 85 Stat. 857, to be
+unconstitutional because it violates the Establishment Clause).
+
+2  The Berne Convention Implementation Act of 1988 amended section 301
+by adding at the end thereof subsection (e). Pub. L. No. 100-568, 102
+Stat. 2853, 2857. In 1990, the Architectural Works Copyright Protection
+Act amended section 301(b) by adding at the end thereof paragraph (4).
+Pub. L. No. 101-650, 104 Stat. 5133, 5134. The Visual Artists Rights Act
+of 1990 amended section 301 by adding at the end thereof subsection (f).
+Pub. L. No. 101-650, 104 Stat. 5089, 5131. In 1998, the Sonny Bono
+Copyright Term Extension Act amended section 301 by changing "February
+15, 2047" to "February 15, 2067" each place it appeared in subsection
+(c). Pub. L. No. 105-298, 112 Stat. 2827.
+
+3  The Visual Artists Rights Act of 1990, which added subsection (f),
+states, "Subject to subsection (b) and except as provided in subsection
+(c), this title and the amendments made by this title take effect 6
+months after the date of the enactment of this Act," that is, six months
+after December 1, 1990. Pub. L. No. 101-650, 104 Stat. 5089, 5132. See
+also endnote 37, chapter 1.
+
+4  In 1998, the Sonny Bono Copyright Term Extension Act amended section
+302 by substituting "70" for "fifty," "95" for "seventy-five" and "120"
+for "one hundred" each place they appeared. Pub. L. No. 105-298, 112
+Stat. 2827.
+
+5  In 1997, section 303 was amended by adding subsection (b). Pub. L.
+No. 105-80, 111 Stat. 1529, 1534. In 1998, the Sonny Bono Copyright Term
+Extension Act amended section 303 by substituting "December 31, 2047"
+for "December 31, 2027." Pub. L. No. 105-298, 112 Stat. 2827.
+
+6  The Copyright Renewal Act of 1992 amended section 304 by substituting
+a new subsection (a) and by making a conforming amendment in the matter
+preceding paragraph (1) of subsection (c). Pub. L. No. 102-307, 106
+Stat. 264. The Act, as amended by the Sonny Bono Copyright Term
+Extension Act, states that the renewal and extension of a copyright for
+a further term of 67 years "shall have the same effect with respect to
+any grant, before the effective date of the Sonny Bono Copyright Term
+Extension Act [October 27, 1998], of a transfer or license of the
+further term as did the renewal of a copyright before the effective date
+of the Sonny Bono Copyright Term Extension Act [October 27, 1998] under
+the law in effect at the time of such grant." The Act also states that
+the 1992 amendments "shall apply only to those copyrights secured
+between January 1, 1964, and December 31, 1977. Copyrights secured
+before January 1, 1964, shall be governed by the provisions of section
+304(a) of title 17, United States Code, as in effect on the day before .
+. .[enactment on June 26, 1992], except each reference to forty-seven
+years in such provisions shall be deemed to be 67 years." Pub. L. No.
+102-307, 106 Stat. 264, 266, as amended by the Sonny Bono Copyright Term
+Extension Act, Pub. L. No. 105-298, 112 Stat. 2827, 2828.
+
+In 1998, the Sonny Bono Copyright Term Extension Act amended section 304
+by substituting "67" for "47" wherever it appeared in subsection (a), by
+substituting a new subsection (b) and by adding subsection (d) at the
+end thereof. Pub. L. No. 105-298, 112 Stat. 2827. That Act also amended
+subsection 304(c) by deleting "by his widow or her widower and his or
+her children or grandchildren" from the first sentence of paragraph (2),
+by adding subparagraph (D) at the end of paragraph (2) and by inserting
+"or, in the case of a termination under subsection (d), within the five-
+year period specified by subsection (d)(2)," into the first sentence of
+subparagraph (4)(A). *Id.*
+
+7  A series of nine Acts of Congress extended until December 31, 1976,
+previously renewed copyrights in which the renewal term would otherwise
+have expired between September 19, 1962 and December 31, 1976. The last
+of these enactments is Pub. L. No. 93-573, 88 Stat. 1873, enacted
+December 31, 1974, which cites the eight earlier acts. See also section
+102 of the Transitional and Supplementary Provisions of the Copyright
+Act of 1976, in Part I of the Appendix. Pub. L. No. 94-553, 90 Stat.
+2541.
+
+8  The effective date of the Sonny Bono Copyright Term Extension Act is
+October 27, 1998.
+
+9  See endnote 8, *supra*.
+
+------------------------------------------------------------------------
+
+Chapter 4
+
+Copyright Notice, Deposit, and Registration
+
+  + 401. Notice of copyright: Visually perceptible copies
+  + 402. Notice of copyright: Phonorecords of sound recordings
+  + 403. Notice of copyright: Publications incorporating United States
+         Government works
+  + 404. Notice of copyright: Contributions to collective works
+  + 405. Notice of copyright: Omission of notice on certain copies and
+         phonorecords
+  + 406. Notice of copyright: Error in name or date on certain copies
+         and phonorecords
+  + 407. Deposit of copies or phonorecords for Library of Congress
+  + 408. Copyright registration in general
+  + 409. Application for copyright registration
+  + 410. Registration of claim and issuance of certificate
+  + 411. Registration and infringement actions
+  + 412. Registration as prerequisite to certain remedies for
+         infringement
+
+
+Section 401. Notice of copyright: Visually perceptible copies [1]
+
+(a) General Provisions.  Whenever a work protected under this title is
+published in the United States or elsewhere by authority of the
+copyright owner, a notice of copyright as provided by this section may
+be placed on publicly distributed copies from which the work can be
+visually perceived, either directly or with the aid of a machine or
+device.
+
+(b) Form of Notice.  If a notice appears on the copies, it shall consist
+of the following three elements:
+
+(1) the symbol (the letter C in a circle), or the word "Copyright", or
+the abbreviation "Copr."; and
+
+(2) the year of first publication of the work; in the case of
+compilations or derivative works incorporating previously published
+material, the year date of first publication of the compilation or
+derivative work is sufficient. The year date may be omitted where a
+pictorial, graphic, or sculptural work, with accompanying text matter,
+if any, is reproduced in or on greeting cards, postcards, stationery,
+jewelry, dolls, toys, or any useful articles; and
+
+(3) the name of the owner of copyright in the work, or an abbreviation
+by which the name can be recognized, or a generally known alternative
+designation of the owner.
+
+(c) Position of Notice.  The notice shall be affixed to the copies in
+such manner and location as to give reasonable notice of the claim of
+copyright. The Register of Copyrights shall prescribe by regulation, as
+examples, specific methods of affixation and positions of the notice on
+various types of works that will satisfy this requirement, but these
+specifications shall not be considered exhaustive.
+
+(d) Evidentiary Weight of Notice.  If a notice of copyright in the form
+and position specified by this section appears on the published copy or
+copies to which a defendant in a copyright infringement suit had access,
+then no weight shall be given to such a defendant's interposition of a
+defense based on innocent infringement in mitigation of actual or
+statutory damages, except as provided in the last sentence of section
+504(c)(2).
+
+
+Section 402. Notice of copyright: Phonorecords of sound recordings [2]
+
+(a) General Provisions.  Whenever a sound recording protected under this
+title is published in the United States or elsewhere by authority of the
+copyright owner, a notice of copyright as provided by this section may
+be placed on publicly distributed phonorecords of the sound recording.
+
+(b) Form of Notice.  If a notice appears on the phonorecords, it shall
+consist of the following three elements:
+
+(1) the symbol [P in a circle] (the letter P in a circle); and
+
+(2) the year of first publication of the sound recording; and
+
+(3) the name of the owner of copyright in the sound recording, or an
+abbreviation by which the name can be recognized, or a generally known
+alternative designation of the owner; if the producer of the sound
+recording is named on the phonorecord labels or containers, and if no
+other name appears in conjunction with the notice, the producer's name
+shall be considered a part of the notice.
+
+(c) Position of Notice.  The notice shall be placed on the surface of the
+phonorecord, or on the phonorecord label or container, in such manner
+and location as to give reasonable notice of the claim of copyright.
+
+(d) Evidentiary Weight of Notice.  If a notice of copyright in the form
+and position specified by this section appears on the published
+phonorecord or phonorecords to which a defendant in a copyright
+infringement suit had access, then no weight shall be given to such a
+defendant's interposition of a defense based on innocent infringement in
+mitigation of actual or statutory damages, except as provided in the
+last sentence of section 504(c)(2).
+
+
+Section 403. Notice of copyright: Publications incorporating United States
+Government works [3]
+
+Sections 401(d) and 402(d) shall not apply to a work published in copies
+or phonorecords consisting predominantly of one or more works of the
+United States Government unless the notice of copyright appearing on the
+published copies or phonorecords to which a defendant in the copyright
+infringement suit had access includes a statement identifying, either
+affirmatively or negatively, those portions of the copies or
+phonorecords embodying any work or works protected under this title.
+
+
+Section 404. Notice of copyright: Contributions to collective works [4]
+
+(a) A separate contribution to a collective work may bear its own notice
+of copyright, as provided by sections 401 through 403. However, a single
+notice applicable to the collective work as a whole is sufficient to
+invoke the provisions of section 401(d) or 402(d), as applicable with
+respect to the separate contributions it contains (not including
+advertisements inserted on behalf of persons other than the owner of
+copyright in the collective work), regardless of the ownership of
+copyright in the contributions and whether or not they have been
+previously published.
+
+(b) With respect to copies and phonorecords publicly distributed by
+authority of the copyright owner before the effective date of the Berne
+Convention Implementation Act of 1988, where the person named in a
+single notice applicable to a collective work as a whole is not the
+owner of copyright in a separate contribution that does not bear its own
+notice, the case is governed by the provisions of section 406(a).
+
+
+Section 405. Notice of copyright: Omission of notice on certain copies and
+phonorecords [5]
+
+(a) Effect of Omission on Copyright.  With respect to copies and
+phonorecords publicly distributed by authority of the copyright owner
+before the effective date of the Berne Convention Implementation Act of
+1988, the omission of the copyright notice described in sections 401
+through 403 from copies or phonorecords publicly distributed by
+authority of the copyright owner does not invalidate the copyright in a
+work if-
+
+(1) the notice has been omitted from no more than a relatively small
+number of copies or phonorecords distributed to the public; or
+
+(2) registration for the work has been made before or is made within
+five years after the publication without notice, and a reasonable effort
+is made to add notice to all copies or phonorecords that are distributed
+to the public in the United States after the omission has been
+discovered; or
+
+(3) the notice has been omitted in violation of an express requirement
+in writing that, as a condition of the copyright owner's authorization
+of the public distribution of copies or phonorecords, they bear the
+prescribed notice.
+
+(b) Effect of Omission on Innocent Infringers.  Any person who innocently
+infringes a copyright, in reliance upon an authorized copy or
+phonorecord from which the copyright notice has been omitted and which
+was publicly distributed by authority of the copyright owner before the
+effective date of the Berne Convention Implementation Act of 1988,
+incurs no liability for actual or statutory damages under section 504
+for any infringing acts committed before receiving actual notice that
+registration for the work has been made under section 408, if such
+person proves that he or she was misled by the omission of notice. In a
+suit for infringement in such a case the court may allow or disallow
+recovery of any of the infringer's profits attributable to the
+infringement, and may enjoin the continuation of the infringing
+undertaking or may require, as a condition for permitting the
+continuation of the infringing undertaking, that the infringer pay the
+copyright owner a reasonable license fee in an amount and on terms fixed
+by the court.
+
+(c) Removal of Notice.  Protection under this title is not affected by
+the removal, destruction, or obliteration of the notice, without the
+authorization of the copyright owner, from any publicly distributed
+copies or phonorecords.
+
+
+Section 406. Notice of copyright: Error in name or date on certain copies
+and phonorecords [6]
+
+(a) Error in Name.  With respect to copies and phonorecords publicly
+distributed by authority of the copyright owner before the effective
+date of the Berne Convention Implementation Act of 1988, where the
+person named in the copyright notice on copies or phonorecords publicly
+distributed by authority of the copyright owner is not the owner of
+copyright, the validity and ownership of the copyright are not affected.
+In such a case, however, any person who innocently begins an undertaking
+that infringes the copyright has a complete defense to any action for
+such infringement if such person proves that he or she was misled by the
+notice and began the undertaking in good faith under a purported
+transfer or license from the person named therein, unless before the
+undertaking was begun-
+
+(1) registration for the work had been made in the name of the owner of
+copyright; or
+
+(2) a document executed by the person named in the notice and showing
+the ownership of the copyright had been recorded.
+
+The person named in the notice is liable to account to the copyright
+owner for all receipts from transfers or licenses purportedly made under
+the copyright by the person named in the notice.
+
+(b) Error in Date.  When the year date in the notice on copies or
+phonorecords distributed before the effective date of the Berne
+Convention Implementation Act of 1988 by authority of the copyright
+owner is earlier than the year in which publication first occurred, any
+period computed from the year of first publication under section 302 is
+to be computed from the year in the notice. Where the year date is more
+than one year later than the year in which publication first occurred,
+the work is considered to have been published without any notice and is
+governed by the provisions of section 405.
+
+(c) Omission of Name or Date.  Where copies or phonorecords publicly
+distributed before the effective date of the Berne Convention
+Implementation Act of 1988 by authority of the copyright owner contain
+no name or no date that could reasonably be considered a part of the
+notice, the work is considered to have been published without any notice
+and is governed by the provisions of section 405 as in effect on the day
+before the effective date of the Berne Convention Implementation Act of
+1988.
+
+
+Section 407. Deposit of copies or phonorecords for Library of Congress [7]
+
+(a) Except as provided by subsection (c), and subject to the provisions
+of subsection (e), the owner of copyright or of the exclusive right of
+publication in a work published in the United States shall deposit,
+within three months after the date of such publication-
+
+(1) two complete copies of the best edition; or
+
+(2) if the work is a sound recording, two complete phonorecords of the
+best edition, together with any printed or other visually perceptible
+material published with such phonorecords.
+
+Neither the deposit requirements of this subsection nor the acquisition
+provisions of subsection (e) are conditions of copyright protection.
+
+(b) The required copies or phonorecords shall be deposited in the
+Copyright Office for the use or disposition of the Library of Congress.
+The Register of Copyrights shall, when requested by the depositor and
+upon payment of the fee prescribed by section 708, issue a receipt for
+the deposit.
+
+(c) The Register of Copyrights may by regulation exempt any categories
+of material from the deposit requirements of this section, or require
+deposit of only one copy or phonorecord with respect to any categories.
+Such regulations shall provide either for complete exemption from the
+deposit requirements of this section, or for alternative forms of
+deposit aimed at providing a satisfactory archival record of a work
+without imposing practical or financial hardships on the depositor,
+where the individual author is the owner of copyright in a pictorial,
+graphic, or sculptural work and (i) less than five copies of the work
+have been published, or (ii) the work has been published in a limited
+edition consisting of numbered copies, the monetary value of which would
+make the mandatory deposit of two copies of the best edition of the work
+burdensome, unfair, or unreasonable.
+
+(d) At any time after publication of a work as provided by
+subsection(a), the Register of Copyrights may make written demand for
+the required deposit on any of the persons obligated to make the deposit
+under subsection (a). Unless deposit is made within three months after
+the demand is received, the person or persons on whom the demand was
+made are liable-
+
+(1) to a fine of not more than $250 for each work; and
+
+(2) to pay into a specially designated fund in the Library of Congress
+the total retail price of the copies or phonorecords demanded, or, if no
+retail price has been fixed, the reasonable cost to the Library of
+Congress of acquiring them; and
+
+(3) to pay a fine of $2,500, in addition to any fine or liability
+imposed under clauses (1) and (2), if such person willfully or
+repeatedly fails or refuses to comply with such a demand.
+
+(e) With respect to transmission programs that have been fixed and
+transmitted to the public in the United States but have not been
+published, the Register of Copyrights shall, after consulting with the
+Librarian of Congress and other interested organizations and officials,
+establish regulations governing the acquisition, through deposit or
+otherwise, of copies or phonorecords of such programs for the
+collections of the Library of Congress.
+
+(1) The Librarian of Congress shall be permitted, under the standards
+and conditions set forth in such regulations, to make a fixation of a
+transmission program directly from a transmission to the public, and to
+reproduce one copy or phonorecord from such fixation for archival
+purposes.
+
+(2) Such regulations shall also provide standards and procedures by
+which the Register of Copyrights may make written demand, upon the owner
+of the right of transmission in the United States, for the deposit of a
+copy or phonorecord of a specific transmission program. Such deposit
+may, at the option of the owner of the right of transmission in the
+United States, be accomplished by gift, by loan for purposes of
+reproduction, or by sale at a price not to exceed the cost of
+reproducing and supplying the copy or phonorecord. The regulations
+established under this clause shall provide reasonable periods of not
+less than three months for compliance with a demand, and shall allow for
+extensions of such periods and adjustments in the scope of the demand or
+the methods for fulfilling it, as reasonably warranted by the
+circumstances. Willful failure or refusal to comply with the conditions
+prescribed by such regulations shall subject the owner of the right of
+transmission in the United States to liability for an amount, not to
+exceed the cost of reproducing and supplying the copy or phonorecord in
+question, to be paid into a specially designated fund in the Library of
+Congress.
+
+(3) Nothing in this subsection shall be construed to require the making
+or retention, for purposes of deposit, of any copy or phonorecord of an
+unpublished transmission program, the transmission of which occurs
+before the receipt of a specific written demand as provided by clause
+(2).
+
+(4) No activity undertaken in compliance with regulations prescribed
+under clauses (1) and (2) of this subsection shall result in liability
+if intended solely to assist in the acquisition of copies or
+phonorecords under this subsection.
+
+
+Section 408. Copyright registration in general [8]
+
+(a) Registration Permissive.  At any time during the subsistence of the
+first term of copyright in any published or unpublished work in which
+the copyright was secured before January 1, 1978, and during the
+subsistence of any copyright secured on or after that date, the owner of
+copyright or of any exclusive right in the work may obtain registration
+of the copyright claim by delivering to the Copyright Office the deposit
+specified by this section, together with the application and fee
+specified by sections 409 and 708. Such registration is not a condition
+of copyright protection.
+
+(b) Deposit for Copyright Registration.  Except as provided by subsection
+(c), the material deposited for registration shall include-
+
+(1) in the case of an unpublished work, one complete copy or
+phonorecord;
+
+(2) in the case of a published work, two complete copies or phonorecords
+of the best edition;
+
+(3) in the case of a work first published outside the United States, one
+complete copy or phonorecord as so published;
+
+(4) in the case of a contribution to a collective work, one complete
+copy or phonorecord of the best edition of the collective work.
+
+Copies or phonorecords deposited for the Library of Congress under
+section 407 may be used to satisfy the deposit provisions of this
+section, if they are accompanied by the prescribed application and fee,
+and by any additional identifying material that the Register may, by
+regulation, require. The Register shall also prescribe regulations
+establishing requirements under which copies or phonorecords acquired
+for the Library of Congress under subsection (e) of section 407,
+otherwise than by deposit, may be used to satisfy the deposit provisions
+of this section. (c) Administrative Classification and Optional
+Deposit.   (1) The Register of Copyrights is authorized to specify by
+regulation the administrative classes into which works are to be placed
+for purposes of deposit and registration, and the nature of the copies
+or phonorecords to be deposited in the various classes specified. The
+regulations may require or permit, for particular classes, the deposit
+of identifying material instead of copies or phonorecords, the deposit
+of only one copy or phonorecord where two would normally be required, or
+a single registration for a group of related works. This administrative
+classification of works has no significance with respect to the subject
+matter of copyright or the exclusive rights provided by this title.
+
+(2) Without prejudice to the general authority provided under clause
+(1), the Register of Copyrights shall establish regulations specifically
+permitting a single registration for a group of works by the same
+individual author, all first published as contributions to periodicals,
+including newspapers, within a twelve-month period, on the basis of a
+single deposit, application, and registration fee, under the following
+conditions-
+
+(A) if the deposit consists of one copy of the entire issue of the
+periodical, or of the entire section in the case of a newspaper, in
+which each contribution was first published; and
+
+(B) if the application identifies each work separately, including the
+periodical containing it and its date of first publication.
+
+(3) As an alternative to separate renewal registrations under subsection
+(a) of section 304, a single renewal registration may be made for a
+group of works by the same individual author, all first published as
+contributions to periodicals, including newspapers, upon the filing of a
+single application and fee, under all of the following conditions:
+
+(A) the renewal claimant or claimants, and the basis of claim or claims
+under section 304(a), is the same for each of the works; and
+
+(B) the works were all copyrighted upon their first publication, either
+through separate copyright notice and registration or by virtue of a
+general copyright notice in the periodical issue as a whole; and
+
+(C) the renewal application and fee are received not more than twenty-
+eight or less than twenty-seven years after the thirty-first day of
+December of the calendar year in which all of the works were first
+published; and
+
+(D) the renewal application identifies each work separately, including
+the periodical containing it and its date of first publication.
+
+(d) Corrections and Amplifications.  The Register may also establish, by
+regulation, formal procedures for the filing of an application for
+supplementary registration, to correct an error in a copyright
+registration or to amplify the information given in a registration. Such
+application shall be accompanied by the fee provided by section 708, and
+shall clearly identify the registration to be corrected or amplified.
+The information contained in a supplementary registration augments but
+does not supersede that contained in the earlier registration.
+
+(e) Published Edition of Previously Registered Work.  Registration for
+the first published edition of a work previously registered in
+unpublished form may be made even though the work as published is
+substantially the same as the unpublished version.
+
+
+Section 409. Application for copyright registration [9]
+
+The application for copyright registration shall be made on a form
+prescribed by the Register of Copyrights and shall include
+
+(1) the name and address of the copyright claimant;
+
+(2) in the case of a work other than an anonymous or pseudonymous work,
+the name and nationality or domicile of the author or authors, and, if
+one or more of the authors is dead, the dates of their deaths;
+
+(3) if the work is anonymous or pseudonymous, the nationality or
+domicile of the author or authors;
+
+(4) in the case of a work made for hire, a statement to this effect;
+
+(5) if the copyright claimant is not the author, a brief statement of
+how the claimant obtained ownership of the copyright;
+
+(6) the title of the work, together with any previous or alternative
+titles under which the work can be identified;
+
+(7) the year in which creation of the work was completed;
+
+(8) if the work has been published, the date and nation of its first
+publication;
+
+(9) in the case of a compilation or derivative work, an identification
+of any preexisting work or works that it is based on or incorporates,
+and a brief, general statement of the additional material covered by the
+copyright claim being registered;
+
+(10) in the case of a published work containing material of which copies
+are required by section 601 to be manufactured in the United States, the
+names of the persons or organizations who performed the processes
+specified by subsection (c) of section 601 with respect to that
+material, and the places where those processes were performed; and
+
+(11) any other information regarded by the Register of Copyrights as
+bearing upon the preparation or identification of the work or the
+existence, ownership, or duration of the copyright.
+
+If an application is submitted for the renewed and extended term
+provided for in section 304(a)(3)(A) and an original term registration
+has not been made, the Register may request information with respect to
+the existence, ownership, or duration of the copyright for the original
+term.
+
+
+Section 410. Registration of claim and issuance of certificate
+
+(a) When, after examination, the Register of Copyrights determines that,
+in accordance with the provisions of this title, the material deposited
+constitutes copyrightable subject matter and that the other legal and
+formal requirements of this title have been met, the Register shall
+register the claim and issue to the applicant a certificate of
+registration under the seal of the Copyright Office. The certificate
+shall contain the information given in the application, together with
+the number and effective date of the registration.
+
+(b) In any case in which the Register of Copyrights determines that, in
+accordance with the provisions of this title, the material deposited
+does not constitute copyrightable subject matter or that the claim is
+invalid for any other reason, the Register shall refuse registration and
+shall notify the applicant in writing of the reasons for such refusal.
+
+(c) In any judicial proceedings the certificate of a registration made
+before or within five years after first publication of the work shall
+constitute *prima facie* evidence of the validity of the copyright and
+of the facts stated in the certificate. The evidentiary weight to be
+accorded the certificate of a registration made thereafter shall be
+within the discretion of the court.
+
+(d) The effective date of a copyright registration is the day on which
+an application, deposit, and fee, which are later determined by the
+Register of Copyrights or by a court of competent jurisdiction to be
+acceptable for registration, have all been received in the Copyright
+Office.
+
+
+Section 411. Registration and infringement actions [10]
+
+(a) Except for an action brought for a violation of the rights of the
+author under section 106A(a), and subject to the provisions of
+subsection (b), no action for infringement of the copyright in any
+United States work shall be instituted until registration of the
+copyright claim has been made in accordance with this title. In any
+case, however, where the deposit, application, and fee required for
+registration have been delivered to the Copyright Office in proper form
+and registration has been refused, the applicant is entitled to
+institute an action for infringement if notice thereof, with a copy of
+the complaint, is served on the Register of Copyrights. The Register
+may, at his or her option, become a party to the action with respect to
+the issue of registrability of the copyright claim by entering an
+appearance within sixty days after such service, but the Register's
+failure to become a party shall not deprive the court of jurisdiction to
+determine that issue.
+
+(b) In the case of a work consisting of sounds, images, or both, the
+first fixation of which is made simultaneously with its transmission,
+the copyright owner may, either before or after such fixation takes
+place, institute an action for infringement under section 501, fully
+subject to the remedies provided by sections 502 through 506 and
+sections 509 and 510, if, in accordance with requirements that the
+Register of Copyrights shall prescribe by regulation, the copyright
+owner-
+
+(1) serves notice upon the infringer, not less than 48 hours before such
+fixation, identifying the work and the specific time and source of its
+first transmission, and declaring an intention to secure copyright in
+the work; and
+
+(2) makes registration for the work, if required by subsection (a),
+within three months after its first transmission.
+
+
+Section 412. Registration as prerequisite to certain remedies for
+infringement [11]
+
+In any action under this title, other than an action brought for a
+violation of the rights of the author under section 106A(a) or an action
+instituted under section 411(b), no award of statutory damages or of
+attorney's fees, as provided by sections 504 and 505, shall be made for
+
+(1) any infringement of copyright in an unpublished work commenced
+before the effective date of its registration; or
+
+(2) any infringement of copyright commenced after first publication of
+the work and before the effective date of its registration, unless such
+registration is made within three months after the first publication of
+the work.
+
+------------------
+Chapter 4 Endnotes
+
+1  The Berne Convention Implementation Act of 1988 amended section 401
+as follows: 1) in subsection (a), by changing the heading to "General
+Provisions" and by inserting "may be placed on" in lieu of "shall be
+placed on all"; 2) in subsection (b), by inserting "If a notice appears
+on the copies, it" in lieu of "The notice appearing on the copies"; and
+3) by adding subsection (d). Pub. L. No. 100-568, 102 Stat. 2853, 2857.
+
+2  The Berne Convention Implementation Act of 1988 amended section 402
+as follows: 1) in subsection (a), by changing the heading to "General
+Provisions" and by inserting "may be placed on" in lieu of "shall be
+placed on all"; 2) in subsection (b), by inserting "If a notice appears
+on the phonorecords, it" in lieu of "The notice appearing on the
+phonorecords"; and 3) by adding subsection (d). Pub. L. No. 100-568, 102
+Stat. 2853, 2857.
+
+3  The Berne Convention Implementation Act of 1988 amended section 403
+in its entirety. Pub. L. No. 100-568, 102 Stat. 2853, 2858.
+
+4  The Berne Convention Implementation Act of 1988 amended section 404
+as follows: 1) in the second sentence of subsection (a), by inserting
+"to invoke the provisions of section 401(d) or 402(d), as applicable" in
+lieu of "to satisfy the requirements of sections 401 through 403" and 2)
+in subsection (b), by inserting "With respect to copies and phonorecords
+publicly distributed by authority of the copyright owner before the
+effective date of the Berne Convention Implementation Act of 1988," at
+the beginning of the sentence. Pub. L. No. 100-568, 102 Stat. 2853,
+2858.
+
+5  The Berne Convention Implementation Act of 1988 amended section 405
+as follows: 1) in subsection (a), by inserting "With respect to copies
+and phonorecords publicly distributed by authority of the copyright
+owner before the effective date of the Berne Convention Implementation
+Act of 1988, the omission of the copyright notice described in" at the
+beginning of the first sentence, in lieu of "The omission of the
+copyright notice prescribed by"; 2) in subsection (b), by inserting
+after "omitted," in the first sentence, "and which was publicly
+distributed by authority of the copyright owner before the effective
+date of the Berne Convention Implementation Act of 1988"; and 3) by
+amending the section heading to add "on certain copies and phonorecords"
+at the end thereof. Pub. L. No. 100-568, 102 Stat. 2853, 2858.
+
+6  The Berne Convention Implementation Act of 1988 amended section 406
+as follows: 1) in subsection (a), by inserting "With respect to copies
+and phonorecords publicly distributed by authority of the copyright
+owner before the effective date of the Berne Convention Implementation
+Act of 1988," at the beginning of the first sentence; 2) in subsection
+(b), by inserting "before the effective date of the Berne Convention
+Implementation Act of 1988" after "distributed"; 3) in subsection (c),
+by inserting "before the effective date of the Berne Convention
+Implementation Act of 1988" after "publicly distributed" and by
+inserting "as in effect on the day before the effective date of the
+Berne Convention Implementation Act of 1988" after "405"; and 4) by
+amending the section heading to add "on certain copies and phonorecords"
+at the end thereof. Pub. L. No. 100-568, 102 Stat. 2853, 2858.
+
+7  The Berne Convention Implementation Act of 1988 amended section 407 by
+striking out the words "with notice of copyright" in subsection (a).
+Pub. L. No. 100-568, 102 Stat. 2853, 2859.
+
+8  The Berne Convention Implementation Act of 1988 amended section 408 by
+deleting "Subject to the provisions of section 405(a)," at the beginning
+of the second sentence of subsection (a). Pub. L. No. 100-568, 102 Stat.
+2853, 2859. That Act also amended section 408(c)(2) by inserting "the
+following conditions:" in lieu of "all of the following conditions" and
+by striking subparagraph (A) and by redesignating subparagraphs (B) and
+(C) as subparagraphs (A) and (B), respectively. *Id.*
+
+The Copyright Renewal Act of 1992 amended section 408 by revising the
+first sentence of subsection (a), preceding the words "the owner of
+copyright or of any exclusive right." Pub. L. No. 102-307, 106 Stat.
+264, 266.
+
+9  The Copyright Renewal Act of 1992 amended section 409 by adding the
+last sentence. Pub. L. No. 102-307, 106 Stat. 264, 266.
+
+10  The Berne Convention Implementation Act of 1988 amended section 411 as
+follows: 1) in subsection (a), by inserting "Except for actions for
+infringement of copyright in Berne Convention works whose country of
+origin is not the United States, and" before "subject"; 2) in paragraph
+(b)(2), by inserting ", if required by subsection (a)," after "work";
+and 3) by inserting "and infringement actions" in the heading, in lieu
+of "as prerequisite to infringement suit." Pub. L. No. 100-568, 102
+Stat. 2853, 2859.
+
+The Visual Artists Rights Act of 1990 amended section 411(a) by
+inserting "and an action brought for a violation of the rights of the
+author under section 106A(a)" after "United States." Pub. L. No.
+101-650, 104 Stat. 5089, 5131. In 1997, section 411(b)(1) was amended in
+its entirety. Pub. L. No. 105-80, 111 Stat. 1529, 1532.
+
+The WIPO Copyright and Performances and Phonograms Treaties
+Implementation Act of 1998 amended the first sentence in section 411(a)
+by deleting "actions for infringement of copyright in Berne Convention
+works whose country of origin is not the United and" and by inserting
+"United States" after "no action for infringement of the copyright in
+any." Pub. L. No. 105-304, 112 Stat. 2860, 2863.
+
+11  The Visual Artists Rights Act of 1990 amended section 412 by inserting
+"an action brought for a violation of the rights of the author under
+section 106A(a) or" after "other than." Pub. L. No. 101-650, 104 Stat.
+5089, 5131.
+
+------------------------------------------------------------------------
+
+Chapter 5 [1]
+
+Copyright Infringement and Remedies
+
+  + 501. Infringement of copyright
+  + 502. Remedies for infringement: Injunctions
+  + 503. Remedies for infringement: Impounding and disposition of
+         infringing articles
+  + 504. Remedies for infringement: Damages and profits
+  + 505. Remedies for infringement: Costs and attorney's fees
+  + 506. Criminal offenses
+  + 507. Limitations on actions
+  + 508. Notification of filing and determination of actions
+  + 509. Seizure and forfeiture
+  + 510. Remedies for alteration of programming by cable systems
+  + 511. Liability of States, instrumentalities of States, and State
+         officials for infringement of copyright
+  + 512. Limitations on liability relating to material online
+  + 513. [2]  Determination of reasonable license fees for individual
+         proprietors
+
+
+Section 501. Infringement of copyright [3]
+
+(a) Anyone who violates any of the exclusive rights of the copyright
+owner as provided by sections 106 through 121 or of the author as
+provided in section 106A(a), or who imports copies or phonorecords into
+the United States in violation of section 602, is an infringer of the
+copyright or right of the author, as the case may be. For purposes of
+this chapter (other than section 506), any reference to copyright shall
+be deemed to include the rights conferred by section 106A(a). As used in
+this subsection, the term "anyone" includes any State, any
+instrumentality of a State, and any officer or employee of a State or
+instrumentality of a State acting in his or her official capacity. Any
+State, and any such instrumentality, officer, or employee, shall be
+subject to the provisions of this title in the same manner and to the
+same extent as any nongovernmental entity.
+
+(b) The legal or beneficial owner of an exclusive right under a
+copyright is entitled, subject to the requirements of section 411, to
+institute an action for any infringement of that particular right
+committed while he or she is the owner of it. The court may require such
+owner to serve written notice of the action with a copy of the complaint
+upon any person shown, by the records of the Copyright Office or
+otherwise, to have or claim an interest in the copyright, and shall
+require that such notice be served upon any person whose interest is
+likely to be affected by a decision in the case. The court may require
+the joinder, and shall permit the intervention, of any person having or
+claiming an interest in the copyright.
+
+(c) For any secondary transmission by a cable system that embodies a
+performance or a display of a work which is actionable as an act of
+infringement under subsection (c) of section 111, a television broadcast
+station holding a copyright or other license to transmit or perform the
+same version of that work shall, for purposes of subsection (b) of this
+section, be treated as a legal or beneficial owner if such secondary
+transmission occurs within the local service area of that television
+station.
+
+(d) For any secondary transmission by a cable system that is actionable
+as an act of infringement pursuant to section 111(c)(3), the following
+shall also have standing to sue: (i) the primary transmitter whose
+transmission has been altered by the cable system; and (ii) any
+broadcast station within whose local service area the secondary
+transmission occurs.
+
+(e) With respect to any secondary transmission that is made by a
+satellite carrier of a performance or display of a work embodied in a
+primary transmission and is actionable as an act of infringement under
+section 119(a)(5), a network station holding a copyright or other
+license to transmit or perform the same version of that work shall, for
+purposes of subsection (b) of this section, be treated as a legal or
+beneficial owner if such secondary transmission occurs within the local
+service area of that station.
+
+(f)(1) With respect to any secondary transmission that is made by a
+satellite carrier of a performance or display of a work embodied in a
+primary transmission and is actionable as an act of infringement under
+section 122, a television broadcast station holding a copyright or other
+license to transmit or perform the same version of that work shall, for
+purposes of subsection (b) of this section, be treated as a legal or
+beneficial owner if such secondary transmission occurs within the local
+market of that station.
+
+(2) A television broadcast station may file a civil action against any
+satellite carrier that has refused to carry television broadcast
+signals, as required under section 122(a)(2), to enforce that television
+broadcast station's rights under section 338(a) of the Communications
+Act of 1934.
+
+
+Section 502. Remedies for infringement: Injunctions
+
+(a) Any court having jurisdiction of a civil action arising under this
+title may, subject to the provisions of section 1498 of title 28, grant
+temporary and final injunctions on such terms as it may deem reasonable
+to prevent or restrain infringement of a copyright.
+
+(b) Any such injunction may be served anywhere in the United States on
+the person enjoined; it shall be operative throughout the United States
+and shall be enforceable, by proceedings in contempt or otherwise, by
+any United States court having jurisdiction of that person. The clerk of
+the court granting the injunction shall, when requested by any other
+court in which enforcement of the injunction is sought, transmit
+promptly to the other court a certified copy of all the papers in the
+case on file in such clerk's office.
+
+Section 503. Remedies for infringement: Impounding and disposition of
+infringing articles
+
+(a) At any time while an action under this title is pending, the court
+may order the impounding, on such terms as it may deem reasonable, of
+all copies or phonorecords claimed to have been made or used in
+violation of the copyright owner's exclusive rights, and of all plates,
+molds, matrices, masters, tapes, film negatives, or other articles by
+means of which such copies or phonorecords may be reproduced.
+
+(b) As part of a final judgment or decree, the court may order the
+destruction or other reasonable disposition of all copies or
+phonorecords found to have been made or used in violation of the
+copyright owner's exclusive rights, and of all plates, molds, matrices,
+masters, tapes, film negatives, or other articles by means of which such
+copies or phonorecords may be reproduced.
+
+
+Section 504. Remedies for infringement: Damages and profits [4]
+
+(a) In General.  Except as otherwise provided by this title, an infringer
+of copyright is liable for either-
+
+(1) the copyright owner's actual damages and any additional profits of
+the infringer, as provided by subsection (b); or
+
+(2) statutory damages, as provided by subsection (c).
+
+(b) Actual Damages and Profits.  The copyright owner is entitled to
+recover the actual damages suffered by him or her as a result of the
+infringement, and any profits of the infringer that are attributable to
+the infringement and are not taken into account in computing the actual
+damages. In establishing the infringer's profits, the copyright owner is
+required to present proof only of the infringer's gross revenue, and the
+infringer is required to prove his or her deductible expenses and the
+elements of profit attributable to factors other than the copyrighted
+work.
+
+(c) Statutory Damages.
+
+(1) Except as provided by clause (2) of this subsection, the copyright
+owner may elect, at any time before final judgment is rendered, to
+recover, instead of actual damages and profits, an award of statutory
+damages for all infringements involved in the action, with respect to
+any one work, for which any one infringer is liable individually, or for
+which any two or more infringers are liable jointly and severally, in a
+sum of not less than $750 or more than $30,000 as the court considers
+just. For the purposes of this subsection, all the parts of a
+compilation or derivative work constitute one work.
+
+(2) In a case where the copyright owner sustains the burden of proving,
+and the court finds, that infringement was committed willfully, the
+court in its discretion may increase the award of statutory damages to a
+sum of not more than $150,000. In a case where the infringer sustains
+the burden of proving, and the court finds, that such infringer was not
+aware and had no reason to believe that his or her acts constituted an
+infringement of copyright, the court in its discretion may reduce the
+award of statutory damages to a sum of not less than $200. The court
+shall remit statutory damages in any case where an infringer believed
+and had reasonable grounds for believing that his or her use of the
+copyrighted work was a fair use under section 107, if the infringer was:
+(i) an employee or agent of a nonprofit educational institution,
+library, or archives acting within the scope of his or her employment
+who, or such institution, library, or archives itself, which infringed
+by reproducing the work in copies or phonorecords; or (ii) a public
+broadcasting entity which or a person who, as a regular part of the
+nonprofit activities of a public broadcasting entity (as defined in
+subsection (g) of section 118) infringed by performing a published
+nondramatic literary work or by reproducing a transmission program
+embodying a performance of such a work.
+
+(d) Additional Damages in Certain Cases.  In any case in which the court
+finds that a defendant proprietor of an establishment who claims as a
+defense that its activities were exempt under section 110(5) did not
+have reasonable grounds to believe that its use of a copyrighted work
+was exempt under such section, the plaintiff shall be entitled to, in
+addition to any award of damages under this section, an additional award
+of two times the amount of the license fee that the proprietor of the
+establishment concerned should have paid the plaintiff for such use
+during the preceding period of up to 3 years.
+
+
+Section 505. Remedies for infringement: Costs and attorney's fees
+
+In any civil action under this title, the court in its discretion may
+allow the recovery of full costs by or against any party other than the
+United States or an officer thereof. Except as otherwise provided by
+this title, the court may also award a reasonable attorney's fee to the
+prevailing party as part of the costs.
+
+
+Section 506. Criminal offenses [5]
+
+(a) Criminal Infringement.  Any person who infringes a copyright
+willfully either
+
+(1) for purposes of commercial advantage or private financial gain, or
+
+(2) by the reproduction or distribution, including by electronic means,
+during any 180-day period, of 1 or more copies or phonorecords of 1 or
+more copyrighted works, which have a total retail value of more than
+$1,000,
+
+shall be punished as provided under section 2319 of title 18, United
+States Code. For purposes of this subsection, evidence of reproduction
+or distribution of a copyrighted work, by itself, shall not be
+sufficient to establish willful infringement.
+
+(b) Forfeiture and Destruction.  When any person is convicted of any
+violation of subsection (a), the court in its judgment of conviction
+shall, in addition to the penalty therein prescribed, order the
+forfeiture and destruction or other disposition of all infringing copies
+or phonorecords and all implements, devices, or equipment used in the
+manufacture of such infringing copies or phonorecords.
+
+(c) Fraudulent Copyright Notice.  Any person who, with fraudulent intent,
+places on any article a notice of copyright or words of the same purport
+that such person knows to be false, or who, with fraudulent intent,
+publicly distributes or imports for public distribution any article
+bearing such notice or words that such person knows to be false, shall
+be fined not more than $2,500.
+
+(d) Fraudulent Removal of Copyright Notice.  Any person who, with
+fraudulent intent, removes or alters any notice of copyright appearing
+on a copy of a copyrighted work shall be fined not more than $2,500.
+
+(e) False Representation.  Any person who knowingly makes a false
+representation of a material fact in the application for copyright
+registration provided for by section 409, or in any written statement
+filed in connection with the application, shall be fined not more than
+$2,500.
+
+(f) Rights of Attribution and Integrity.  Nothing in this section applies
+to infringement of the rights conferred by section 106A(a).
+
+
+Section 507. Limitations on actions [6]
+
+(a) Criminal Proceedings.  Except as expressly provided otherwise in this
+title, no criminal proceeding shall be maintained under the provisions
+of this title unless it is commenced within 5 years after the cause of
+action arose.
+
+(b) Civil Actions.  No civil action shall be maintained under the
+provisions of this title unless it is commenced within three years after
+the claim accrued.
+
+
+Section 508. Notification of filing and determination of actions
+
+(a) Within one month after the filing of any action under this title,
+the clerks of the courts of the United States shall send written
+notification to the Register of Copyrights setting forth, as far as is
+shown by the papers filed in the court, the names and addresses of the
+parties and the title, author, and registration number of each work
+involved in the action. If any other copyrighted work is later included
+in the action by amendment, answer, or other pleading, the clerk shall
+also send a notification concerning it to the Register within one month
+after the pleading is filed.
+
+(b) Within one month after any final order or judgment is issued in the
+case, the clerk of the court shall notify the Register of it, sending
+with the notification a copy of the order or judgment together with the
+written opinion, if any, of the court.
+
+(c) Upon receiving the notifications specified in this section, the
+Register shall make them a part of the public records of the Copyright
+Office.
+
+
+Section 509. Seizure and forfeiture
+
+(a) All copies or phonorecords manufactured, reproduced, distributed,
+sold, or otherwise used, intended for use, or possessed with intent to
+use in violation of section 506 (a), and all plates, molds, matrices,
+masters, tapes, film negatives, or other articles by means of which such
+copies or phonorecords may be reproduced, and all electronic,
+mechanical, or other devices for manufacturing, reproducing, or
+assembling such copies or phonorecords may be seized and forfeited to
+the United States.
+
+(b) The applicable procedures relating to
+
+(i) the seizure, summary and judicial forfeiture, and condemnation of
+vessels, vehicles, merchandise, and baggage for violations of the
+customs laws contained in title 19,
+
+(ii) the disposition of such vessels, vehicles, merchandise, and baggage
+or the proceeds from the sale thereof,
+
+(iii) the remission or mitigation of such forfeiture,
+
+(iv) the compromise of claims, and
+
+(v) the award of compensation to informers in respect of such
+forfeitures, shall apply to seizures and forfeitures incurred, or
+alleged to have been incurred, under the provisions of this section,
+insofar as applicable and not inconsistent with the provisions of this
+section; except that such duties as are imposed upon any officer or
+employee of the Treasury Department or any other person with respect to
+the seizure and forfeiture of vessels, vehicles, merchandise, and
+baggage under the provisions of the customs laws contained in title 19
+shall be performed with respect to seizure and forfeiture of all
+articles described in subsection (a) by such officers, agents, or other
+persons as may be authorized or designated for that purpose by the
+Attorney General.
+
+
+Section 510. Remedies for alteration of programming by cable systems [7]
+
+(a) In any action filed pursuant to section 111(c)(3), the following
+remedies shall be available:
+
+(1) Where an action is brought by a party identified in subsections (b)
+or (c) of section 501, the remedies provided by sections 502 through
+505, and the remedy provided by subsection (b) of this section; and
+
+(2) When an action is brought by a party identified in subsection (d) of
+section 501, the remedies provided by sections 502 and 505, together
+with any actual damages suffered by such party as a result of the
+infringement, and the remedy provided by subsection (b) of this section.
+
+(b) In any action filed pursuant to section 111(c)(3), the court may
+decree that, for a period not to exceed thirty days, the cable system
+shall be deprived of the benefit of a statutory license for one or more
+distant signals carried by such cable system.
+
+
+Section 511. Liability of States, instrumentalities of States, and State
+officials for infringement of copyright [8]
+
+(a) In General.  Any State, any instrumentality of a State, and any
+officer or employee of a State or instrumentality of a State acting in
+his or her official capacity, shall not be immune, under the Eleventh
+Amendment of the Constitution of the United States or under any other
+doctrine of sovereign immunity, from suit in Federal Court by any
+person, including any governmental or nongovernmental entity, for a
+violation of any of the exclusive rights of a copyright owner provided
+by sections 106 through 121, for importing copies of phonorecords in
+violation of section 602, or for any other violation under this title.
+
+(b) Remedies.  In a suit described in subsection (a) for a violation
+described in that subsection, remedies (including remedies both at law
+and in equity) are available for the violation to the same extent as
+such remedies are available for such a violation in a suit against any
+public or private entity other than a State, instrumentality of a State,
+or officer or employee of a State acting in his or her official
+capacity. Such remedies include impounding and disposition of infringing
+articles under section 503, actual damages and profits and statutory
+damages under section 504, costs and attorney's fees under section 505,
+and the remedies provided in section 510.
+
+
+Section 512. Limitations on liability relating to material online [9]
+
+(a) Transitory Digital Network Communications.  A service provider shall
+not be liable for monetary relief, or, except as provided in subsection
+(j), for injunctive or other equitable relief, for infringement of
+copyright by reason of the provider's transmitting, routing, or
+providing connections for, material through a system or network
+controlled or operated by or for the service provider, or by reason of
+the intermediate and transient storage of that material in the course of
+such transmitting, routing, or providing connections, if-
+
+(1) the transmission of the material was initiated by or at the
+direction of a person other than the service provider;
+
+(2) the transmission, routing, provision of connections, or storage is
+carried out through an automatic technical process without selection of
+the material by the service provider;
+
+(3) the service provider does not select the recipients of the material
+except as an automatic response to the request of another person;
+
+(4) no copy of the material made by the service provider in the course
+of such intermediate or transient storage is maintained on the system or
+network in a manner ordinarily accessible to anyone other than
+anticipated recipients, and no such copy is maintained on the system or
+network in a manner ordinarily accessible to such anticipated recipients
+for a longer period than is reasonably necessary for the transmission,
+routing, or provision of connections; and
+
+(5) the material is transmitted through the system or network without
+modification of its content.
+
+(b) System Caching.
+
+(1) Limitation on Liability.  A service provider shall not be liable for
+monetary relief, or, except as provided in subsection (j), for
+injunctive or other equitable relief, for infringement of copyright by
+reason of the intermediate and temporary storage of material on a system
+or network controlled or operated by or for the service provider in a
+case in which-
+
+(A) the material is made available online by a person other than the
+service provider;
+
+(B) the material is transmitted from the person described in
+subparagraph (A) through the system or network to a person other than
+the person described in subparagraph (A) at the direction of that other
+person; and
+
+(C) the storage is carried out through an automatic technical process
+for the purpose of making the material available to users of the system
+or network who, after the material is transmitted as described in
+subparagraph (B), request access to the material from the person
+described in subparagraph (A), if the conditions set forth in paragraph
+(2) are met.
+
+(2) Conditions.  The conditions referred to in paragraph (1) are that-
+
+(A) the material described in paragraph (1) is transmitted to the
+subsequent users described in paragraph (1)(C) without modification to
+its content from the manner in which the material was transmitted from
+the person described in paragraph (1)(A);
+
+(B) the service provider described in paragraph (1) complies with rules
+concerning the refreshing, reloading, or other updating of the material
+when specified by the person making the material available online in
+accordance with a generally accepted industry standard data
+communications protocol for the system or network through which that
+person makes the material available, except that this subparagraph
+applies only if those rules are not used by the person described in
+paragraph (1)(A) to prevent or unreasonably impair the intermediate
+storage to which this subsection applies;
+
+(C) the service provider does not interfere with the ability of
+technology associated with the material to return to the person
+described in paragraph (1)(A) the information that would have been
+available to that person if the material had been obtained by the
+subsequent users described in paragraph (1)(C) directly from that
+person, except that this subparagraph applies only if that technology-
+
+(i) does not significantly interfere with the performance of the
+provider's system or network or with the intermediate storage of the
+material;
+
+(ii) is consistent with generally accepted industry standard
+communications protocols; and
+
+(iii) does not extract information from the provider's system or network
+other than the information that would have been available to the person
+described in paragraph (1)(A) if the subsequent users had gained access
+to the material directly from that person;
+
+(D) if the person described in paragraph (1)(A) has in effect a
+condition that a person must meet prior to having access to the
+material, such as a condition based on payment of a fee or provision of
+a password or other information, the service provider permits access to
+the stored material in significant part only to users of its system or
+network that have met those conditions and only in accordance with those
+conditions; and
+
+(E) if the person described in paragraph (1)(A) makes that material
+available online without the authorization of the copyright owner of the
+material, the service provider responds expeditiously to remove, or
+disable access to, the material that is claimed to be infringing upon
+notification of claimed infringement as described in subsection (c)(3),
+except that this subparagraph applies only if-
+
+(i) the material has previously been removed from the originating site
+or access to it has been disabled, or a court has ordered that the
+material be removed from the originating site or that access to the
+material on the originating site be disabled; and
+
+(ii) the party giving the notification includes in the notification a
+statement confirming that the material has been removed from the
+originating site or access to it has been disabled or that a court has
+ordered that the material be removed from the originating site or that
+access to the material on the originating site be disabled.
+
+(c) Information Residing on Systems or Networks at Direction of Users.
+
+(1) In General.  A service provider shall not be liable for monetary
+relief, or, except as provided in subsection (j), for injunctive or
+other equitable relief, for infringement of copyright by reason of the
+storage at the direction of a user of material that resides on a system
+or network controlled or operated by or for the service provider, if the
+service provider-
+
+(A)(i) does not have actual knowledge that the material or an activity
+using the material on the system or network is infringing;
+
+(ii) in the absence of such actual knowledge, is not aware of facts or
+circumstances from which infringing activity is apparent; or
+
+(iii) upon obtaining such knowledge or awareness, acts expeditiously to
+remove, or disable access to, the material;
+
+(B) does not receive a financial benefit directly attributable to the
+infringing activity, in a case in which the service provider has the
+right and ability to control such activity; and
+
+(C) upon notification of claimed infringement as described in paragraph
+(3), responds expeditiously to remove, or disable access to, the
+material that is claimed to be infringing or to be the subject of
+infringing activity.
+
+(2) Designated Agent.  The limitations on liability established in this
+subsection apply to a service provider only if the service provider has
+designated an agent to receive notifications of claimed infringement
+described in paragraph (3), by making available through its service,
+including on its website in a location accessible to the public, and by
+providing to the Copyright Office, substantially the following
+information:
+
+(A) the name, address, phone number, and electronic mail address of the
+agent.
+
+(B) other contact information which the Register of Copyrights may deem
+appropriate.
+
+The Register of Copyrights shall maintain a current directory of agents
+available to the public for inspection, including through the Internet,
+in both electronic and hard copy formats, and may require payment of a
+fee by service providers to cover the costs of maintaining the
+directory.
+
+(3) Elements of Notification.
+
+(A) To be effective under this subsection, a notification of claimed
+infringement must be a written communication provided to the designated
+agent of a service provider that includes substantially the following:
+
+(i) A physical or electronic signature of a person authorized to act on
+behalf of the owner of an exclusive right that is allegedly infringed.
+
+(ii) Identification of the copyrighted work claimed to have been
+infringed, or, if multiple copyrighted works at a single online site are
+covered by a single notification, a representative list of such works at
+that site.
+
+(iii) Identification of the material that is claimed to be infringing or
+to be the subject of infringing activity and that is to be removed or
+access to which is to be disabled, and information reasonably sufficient
+to permit the service provider to locate the material.
+
+(iv) Information reasonably sufficient to permit the service provider to
+contact the complaining party, such as an address, telephone number,
+and, if available, an electronic mail address at which the complaining
+party may be contacted.
+
+(v) A statement that the complaining party has a good faith belief that
+use of the material in the manner complained of is not authorized by the
+copyright owner, its agent, or the law.
+
+(vi) A statement that the information in the notification is accurate,
+and under penalty of perjury, that the complaining party is authorized
+to act on behalf of the owner of an exclusive right that is allegedly
+infringed.
+
+(B)(i) Subject to clause (ii), a notification from a copyright owner or
+from a person authorized to act on behalf of the copyright owner that
+fails to comply substantially with the provisions of subparagraph (A)
+shall not be considered under paragraph (1)(A) in determining whether a
+service provider has actual knowledge or is aware of facts or
+circumstances from which infringing activity is apparent.
+
+(ii) In a case in which the notification that is provided to the service
+provider's designated agent fails to comply substantially with all the
+provisions of subparagraph (A) but substantially complies with clauses
+(ii), (iii), and (iv) of subparagraph (A), clause (i) of this
+subparagraph applies only if the service provider promptly attempts to
+contact the person making the notification or takes other reasonable
+steps to assist in the receipt of notification that substantially
+complies with all the provisions of subparagraph (A).
+
+(d) Information Location Tools.  A service provider shall not be liable
+for monetary relief, or, except as provided in subsection (j), for
+injunctive or other equitable relief, for infringement of copyright by
+reason of the provider referring or linking users to an online location
+containing infringing material or infringing activity, by using
+information location tools, including a directory, index, reference,
+pointer, or hypertext link, if the service provider-
+
+(1)(A) does not have actual knowledge that the material or activity is
+infringing;
+
+(B) in the absence of such actual knowledge, is not aware of facts or
+circumstances from which infringing activity is apparent; or
+
+(C) upon obtaining such knowledge or awareness, acts expeditiously to
+remove, or disable access to, the material;
+
+(2) does not receive a financial benefit directly attributable to the
+infringing activity, in a case in which the service provider has the
+right and ability to control such activity; and
+
+(3) upon notification of claimed infringement as described in subsection
+(c)(3), responds expeditiously to remove, or disable access to, the
+material that is claimed to be infringing or to be the subject of
+infringing activity, except that, for purposes of this paragraph, the
+information described in subsection (c)(3)(A)(iii) shall be
+identification of the reference or link, to material or activity claimed
+to be infringing, that is to be removed or access to which is to be
+disabled, and information reasonably sufficient to permit the service
+provider to locate that reference or link.
+
+(e) Limitation on Liability of Nonprofit Educational Institutions.   (1)
+When a public or other nonprofit institution of higher education is a
+service provider, and when a faculty member or graduate student who is
+an employee of such institution is performing a teaching or research
+function, for the purposes of subsections (a) and (b) such faculty
+member or graduate student shall be considered to be a person other than
+the institution, and for the purposes of subsections (c) and (d) such
+faculty member's or graduate student's knowledge or awareness of his or
+her infringing activities shall not be attributed to the institution,
+if-
+
+(A) such faculty member's or graduate student's infringing activities do
+not involve the provision of online access to instructional materials
+that are or were required or recommended, within the preceding 3-year
+period, for a course taught at the institution by such faculty member or
+graduate student;
+
+(B) the institution has not, within the preceding 3-year period,
+received more than 2 notifications described in subsection (c)(3) of
+claimed infringement by such faculty member or graduate student, and
+such notifications of claimed infringement were not actionable under
+subsection (f); and
+
+(C) the institution provides to all users of its system or network
+informational materials that accurately describe, and promote compliance
+with, the laws of the United States relating to copyright.
+
+(2) For the purposes of this subsection, the limitations on injunctive
+relief contained in subsections (j)(2) and (j)(3), but not those in (j)
+(1), shall apply.
+
+(f) Misrepresentations.  Any person who knowingly materially
+misrepresents under this section-
+
+(1) that material or activity is infringing, or
+
+(2) that material or activity was removed or disabled by mistake or
+misidentification,
+
+shall be liable for any damages, including costs and attorneys' fees,
+incurred by the alleged infringer, by any copyright owner or copyright
+owner's authorized licensee, or by a service provider, who is injured by
+such misrepresentation, as the result of the service provider relying
+upon such misrepresentation in removing or disabling access to the
+material or activity claimed to be infringing, or in replacing the
+removed material or ceasing to disable access to it.
+
+(g) Replacement of Removed or Disabled Material and Limitation on Other
+Liability.
+
+(1) No Liability for Taking Down Generally.  Subject to paragraph (2), a
+service provider shall not be liable to any person for any claim based
+on the service provider's good faith disabling of access to, or removal
+of, material or activity claimed to be infringing or based on facts or
+circumstances from which infringing activity is apparent, regardless of
+whether the material or activity is ultimately determined to be
+infringing.
+
+(2) Exception.  Paragraph (1) shall not apply with respect to material
+residing at the direction of a subscriber of the service provider on a
+system or network controlled or operated by or for the service provider
+that is removed, or to which access is disabled by the service provider,
+pursuant to a notice provided under subsection (c)(1)(C), unless the
+service provider-
+
+(A) takes reasonable steps promptly to notify the subscriber that it has
+removed or disabled access to the material;
+
+(B) upon receipt of a counter notification described in paragraph (3),
+promptly provides the person who provided the notification under
+subsection (c)(1)(C) with a copy of the counter notification, and
+informs that person that it will re-place the removed material or cease
+disabling access to it in 10 business days; and
+
+(C) replaces the removed material and ceases disabling access to it not
+less than 10, nor more than 14, business days following receipt of the
+counter notice, unless its designated agent first receives notice from
+the person who submitted the notification under subsection (c)(1)(C)
+that such person has filed an action seeking a court order to restrain
+the subscriber from engaging in infringing activity relating to the
+material on the service provider's system or network.
+
+(3) Contents of Counter Notification.  To be effective under this
+subsection, a counter notification must be a written communication
+provided to the service provider's designated agent that includes
+substantially the following:
+
+(A) A physical or electronic signature of the subscriber.
+
+(B) Identification of the material that has been removed or to which
+access has been disabled and the location at which the material appeared
+before it was removed or access to it was disabled.
+
+(C) A statement under penalty of perjury that the subscriber has a good
+faith belief that the material was removed or disabled as a result of
+mistake or misidentification of the material to be removed or disabled.
+
+(D) The subscriber's name, address, and telephone number, and a
+statement that the subscriber consents to the jurisdiction of Federal
+District Court for the judicial district in which the address is
+located, or if the subscriber's address is outside of the United States,
+for any judicial district in which the service provider may be found,
+and that the subscriber will accept service of process from the person
+who provided notification under subsection (c)(1)(C) or an agent of such
+person.
+
+(4) Limitation on Other Liability.  A service provider's compliance with
+paragraph (2) shall not subject the service provider to liability for
+copyright infringement with respect to the material identified in the
+notice provided under subsection (c)(1)(C).
+
+(h) Subpoena to Identify Infringer.
+
+(1) Request.  A copyright owner or a person authorized to act on the
+owner's behalf may request the clerk of any United States district court
+to issue a subpoena to a service provider for identification of an
+alleged infringer in accordance with this subsection.
+
+(2) Contents of Request.  The request may be made by filing with the
+clerk-
+
+(A) a copy of a notification described in subsection (c)(3)(A);
+
+(B) a proposed subpoena; and
+
+(C) a sworn declaration to the effect that the purpose for which the
+subpoena is sought is to obtain the identity of an alleged infringer and
+that such information will only be used for the purpose of protecting
+rights under this title.
+
+(3) Contents of Subpoena.  The subpoena shall authorize and order the
+service provider receiving the notification and the subpoena to
+expeditiously disclose to the copyright owner or person authorized by
+the copyright owner information sufficient to identify the alleged
+infringer of the material described in the notification to the extent
+such information is available to the service provider.
+
+(4) Basis for Granting Subpoena.  If the notification filed satisfies the
+provisions of subsection (c)(3)(A), the proposed subpoena is in proper
+form, and the accompanying declaration is properly executed, the clerk
+shall expeditiously issue and sign the proposed subpoena and return it
+to the requester for delivery to the service provider.
+
+(5) Actions of Service Provider Receiving Subpoena.   Upon receipt of the
+issued subpoena, either accompanying or subsequent to the receipt of a
+notification described in subsection (c)(3)(A), the service provider
+shall expeditiously disclose to the copyright owner or person authorized
+by the copyright owner the information required by the subpoena,
+notwithstanding any other provision of law and regardless of whether the
+service provider responds to the notification.
+
+(6) Rules Applicable to Subpoena.  Unless otherwise provided by this
+section or by applicable rules of the court, the procedure for issuance
+and delivery of the subpoena, and the remedies for noncompliance with
+the subpoena, shall be governed to the greatest extent practicable by
+those provisions of the Federal Rules of Civil Procedure governing the
+issuance, service, and enforcement of a subpoena duces tecum.
+
+(i) Conditions for Eligibility.
+
+(1) Accommodation of Technology.  The limitations on liability
+established by this section shall apply to a service provider only if
+the service provider-
+
+(A) has adopted and reasonably implemented, and informs subscribers and
+account holders of the service provider's system or network of, a policy
+that provides for the termination in appropriate circumstances of
+subscribers and account holders of the service provider's system or
+network who are repeat infringers; and
+
+(B) accommodates and does not interfere with standard technical
+measures.
+
+(2) Definition.  As used in this subsection, the term "standard technical
+measures" means technical measures that are used by copyright owners to
+identify or protect copyrighted works and-
+
+(A) have been developed pursuant to a broad consensus of copyright
+owners and service providers in an open, fair, voluntary, multi-industry
+standards process;
+
+(B) are available to any person on reasonable and nondiscriminatory
+terms; and
+
+(C) do not impose substantial costs on service providers or substantial
+burdens on their systems or networks.
+
+(j) Injunctions.  The following rules shall apply in the case of any
+application for an injunction under section 502 against a service
+provider that is not subject to monetary remedies under this section:
+
+(1) Scope of Relief.  (A) With respect to conduct other than that which
+qualifies for the limitation on remedies set forth in subsection (a),
+the court may grant injunctive relief with respect to a service provider
+only in one or more of the following forms:
+
+(i) An order restraining the service provider from providing access to
+infringing material or activity residing at a particular online site on
+the provider's system or network.
+
+(ii) An order restraining the service provider from providing access to
+a subscriber or account holder of the service provider's system or
+network who is engaging in infringing activity and is identified in the
+order, by terminating the accounts of the subscriber or account holder
+that are specified in the order.
+
+(iii) Such other injunctive relief as the court may consider necessary
+to prevent or restrain infringement of copyrighted material specified in
+the order of the court at a particular online location, if such relief
+is the least burdensome to the service provider among the forms of
+relief comparably effective for that purpose.
+
+(B) If the service provider qualifies for the limitation on remedies
+described in subsection (a), the court may only grant injunctive relief
+in one or both of the following forms:
+
+(i) An order restraining the service provider from providing access to a
+subscriber or account holder of the service provider's system or network
+who is using the provider's service to engage in infringing activity and
+is identified in the order, by terminating the accounts of the
+subscriber or account holder that are specified in the order.
+
+(ii) An order restraining the service provider from providing access, by
+taking reasonable steps specified in the order to block access, to a
+specific, identified, online location outside the United States.
+
+(2) Considerations.  The court, in considering the relevant criteria for
+injunctive relief under applicable law, shall consider-
+
+(A) whether such an injunction, either alone or in combination with
+other such injunctions issued against the same service provider under
+this subsection, would significantly burden either the provider or the
+operation of the provider's system or network;
+
+(B) the magnitude of the harm likely to be suffered by the copyright
+owner in the digital network environment if steps are not taken to
+prevent or restrain the infringement;
+
+(C) whether implementation of such an injunction would be technically
+feasible and effective, and would not interfere with access to
+noninfringing material at other online locations; and
+
+(D) whether other less burdensome and comparably effective means of
+preventing or restraining access to the infringing material are
+available.
+
+(3) Notice and Ex Parte Orders.  Injunctive relief under this subsection
+shall be available only after notice to the service provider and an
+opportunity for the service provider to appear are provided, except for
+orders ensuring the preservation of evidence or other orders having no
+material adverse effect on the operation of the service provider's
+communications network.
+
+(k) Definitions.
+
+(1) Service Provider.  (A) As used in subsection (a), the term "service
+provider" means an entity offering the transmission, routing, or
+providing of connections for digital online communications, between or
+among points specified by a user, of material of the user's choosing,
+without modification to the content of the material as sent or received.
+
+(B) As used in this section, other than subsection (a), the term
+"service provider" means a provider of online services or network
+access, or the operator of facilities therefor, and includes an entity
+described in subparagraph (A).
+
+(2) Monetary Relief.  As used in this section, the term "monetary relief"
+means damages, costs, attorneys' fees, and any other form of monetary
+payment.
+
+(l) Other Defenses Not Affected.  The failure of a service provider's
+conduct to qualify for limitation of liability under this section shall
+not bear adversely upon the consideration of a defense by the service
+provider that the service provider's conduct is not infringing under
+this title or any other defense.
+
+(m) Protection of Privacy.  Nothing in this section shall be construed to
+condition the applicability of subsections (a) through (d) on-
+
+(1) a service provider monitoring its service or affirmatively seeking
+facts indicating infringing activity, except to the extent consistent
+with a standard technical measure complying with the provisions of
+subsection (i); or
+
+(2) a service provider gaining access to, removing, or disabling access
+to material in cases in which such conduct is prohibited by law.
+
+(n) Construction.  Subsections (a), (b), (c), and (d) describe separate
+and distinct functions for purposes of applying this section. Whether a
+service provider qualifies for the limitation on liability in any one of
+those subsections shall be based solely on the criteria in that
+subsection, and shall not affect a determination of whether that service
+provider qualifies for the limitations on liability under any other such
+subsection.
+
+
+Section 513. Determination of reasonable license fees for individual
+proprietors [10]
+
+In the case of any performing rights society subject to a consent decree
+which provides for the determination of reasonable license rates or fees
+to be charged by the performing rights society, notwithstanding the
+provisions of that consent decree, an individual proprietor who owns or
+operates fewer than 7 non-publicly traded establishments in which
+nondramatic musical works are performed publicly and who claims that any
+license agreement offered by that performing rights society is
+unreasonable in its license rate or fee as to that individual
+proprietor, shall be entitled to determination of a reasonable license
+rate or fee as follows:
+
+(1) The individual proprietor may commence such proceeding for
+determination of a reasonable license rate or fee by filing an
+application in the applicable district court under paragraph (2) that a
+rate disagreement exists and by serving a copy of the application on the
+performing rights society. Such proceeding shall commence in the
+applicable district court within 90 days after the service of such copy,
+except that such 90-day requirement shall be subject to the
+administrative requirements of the court.
+
+(2) The proceeding under paragraph (1) shall be held, at the individual
+proprietor's election, in the judicial district of the district court
+with jurisdiction over the applicable consent decree or in that place of
+holding court of a district court that is the seat of the Federal
+circuit (other than the Court of Appeals for the Federal Circuit) in
+which the proprietor's establishment is located.
+
+(3) Such proceeding shall be held before the judge of the court with
+jurisdiction over the consent decree governing the performing rights
+society. At the discretion of the court, the proceeding shall be held
+before a special master or magistrate judge appointed by such judge.
+Should that consent decree provide for the appointment of an advisor or
+advisors to the court for any purpose, any such advisor shall be the
+special master so named by the court.
+
+(4) In any such proceeding, the industry rate shall be presumed to have
+been reasonable at the time it was agreed to or determined by the court.
+Such presumption shall in no way affect a determination of whether the
+rate is being correctly applied to the individual proprietor.
+
+(5) Pending the completion of such proceeding, the individual proprietor
+shall have the right to perform publicly the copyrighted musical
+compositions in the repertoire of the performing rights society by
+paying an interim license rate or fee into an interest bearing escrow
+account with the clerk of the court, subject to retroactive adjustment
+when a final rate or fee has been determined, in an amount equal to the
+industry rate, or, in the absence of an industry rate, the amount of the
+most recent license rate or fee agreed to by the parties.
+
+(6) Any decision rendered in such proceeding by a special master or
+magistrate judge named under paragraph (3) shall be reviewed by the
+judge of the court with jurisdiction over the consent decree governing
+the performing rights society. Such proceeding, including such review,
+shall be concluded within 6 months after its commencement.
+
+(7) Any such final determination shall be binding only as to the
+individual proprietor commencing the proceeding, and shall not be
+applicable to any other proprietor or any other performing rights
+society, and the performing rights society shall be relieved of any
+obligation of nondiscrimination among similarly situated music users
+that may be imposed by the consent decree governing its operations.
+
+(8) An individual proprietor may not bring more than one proceeding
+provided for in this section for the determination of a reasonable
+license rate or fee under any license agreement with respect to any one
+performing rights society.
+
+(9) For purposes of this section, the term "industry rate" means the
+license fee a performing rights society has agreed to with, or which has
+been determined by the court for, a significant segment of the music
+user industry to which the individual proprietor belongs.
+
+------------------
+Chapter 5 Endnotes
+
+1  Concerning the liability of the United States Government for
+copyright infringement, see 28 U.S.C. 1498. Title 28 of the *United
+States Code* is entitled "Judiciary and Judicial Procedure."
+
+2  In 1998, two sections 512 were enacted into law. On October 17, 1998,
+the Fairness in Music Licensing Act of 1998 was enacted. This Act
+amended chapter five to add section 512 entitled "Determination of
+reasonable license fees for individual proprietors." Pub. L. No.
+105-298, 112 Stat. 2827, 2831. On October 28, 1998, the Online Copyright
+Infringement Liability Limitation Act was enacted. This Act amended
+chapter five to add section 512 entitled "Limitations on liability
+relating to material online." Pub. L. No. 105-304, 112 Stat. 2860, 2877.
+In 1999, a technical correction was enacted to redesignate the section
+512 that was entitled "Determination of reasonable license fees for
+individual proprietors" as section 513. Also, the table of sections was
+amended to reflect that change. Pub. L. No. 106-44, 113 Stat. 221. See
+also endnote 10*, infra.*
+
+3  The Berne Convention Implementation Act of 1988 amended section
+501(b) by striking out "sections 205(d) and 411" and inserting in lieu
+thereof "section 411." Pub. L. No. 100-568, 102 Stat. 2853, 2860. The
+Satellite Home Viewer Act of 1988 amended section 501 by adding
+subsection (e). Pub. L. No. 100-667, 102 Stat. 3935, 3957.
+
+In 1990, the Copyright Remedy Clarification Act amended section 501(a)
+by adding the last two sentences. Pub. L. No. 101-553, 104 Stat. 2749.
+The Visual Artists Rights Act of 1990 also amended section 501(a) as
+follows: 1) by inserting "or of the author as provided in section
+106A(a)" after "118" and 2) by striking out "copyright." and inserting
+in lieu thereof "copyright or right of the author, as the case may be.
+For purposes of this chapter (other than section 506), any reference to
+copyright shall be deemed to include the rights conferred by section
+106A(a)." Pub. L. No. 101-650, 104 Stat. 5089, 5131.
+
+In 1999, a technical correction amended the first sentence in subsection
+501(a) by inserting "121" in lieu of "118." Pub. L. No. 106-44, 113
+Stat. 221, 222. The Satellite Home Viewer Improvement Act of 1999
+amended section 501 by adding a subsection (f) and, in subsection (e),
+by inserting "performance or display of a work embodied in a primary
+transmission" in lieu of "primary transmission embodying the performance
+or display of a work." Pub. L. No. 106-113, 113 Stat. 1501, app. I at
+1501A-527 and 544. The Satellite Home Viewer Improvement Act of 1999
+states that section 501(f) shall be effective as of July 1, 1999. Pub.
+L. No. 106-113, 113 Stat. 1501, app. I at 1501A-544.
+
+4  The Berne Convention Implementation Act of 1988 amended section
+504(c) as follows: 1) in paragraph (1), by inserting "$500" in lieu of
+"$250" and by inserting "$20,000" in lieu of "$10,000" and 2) in
+paragraph (2), by inserting "$100,000" in lieu of "$50,000" and by
+inserting "$200" in lieu of "$100." Pub. L. No. 100-568, 102 Stat. 2853,
+2860. The Digital Theft Deterrence and Copyright Damages Improvement Act
+of 1999 amended section 504(c), in paragraph (1), by substituting "$750"
+for "$500" and "$30,000" for "$20,000" and, in paragraph (2), by
+substituting "$150,000" for "$100,000." Pub. L. No. 106-160, 113 Stat.
+1774.
+
+5  The Piracy and Counterfeiting Amendments Act of 1982 amended section
+506 by substituting a new subsection(a). Pub. L. No. 97-180, 96 Stat.
+91, 93. The Visual Artists Rights Act of 1990 amended section 506 by
+adding subsection (f). Pub. L. No.101-650, 104 Stat. 5089, 5131. In
+1997, the No Electronic Theft (NET) Act again amended section 506 by
+amending subsection (a) in its entirety. Pub. L. No. 105-147, 111 Stat.
+2678. That Act also directed the United States Sentencing Commission to
+"ensure that the applicable guideline range for a defendant convicted of
+a crime against intellectual property . . . is sufficiently stringent to
+deter such a crime" and to "ensure that the guidelines provide for
+consideration of the retail value and quantity of the items with respect
+to which the crime against intellectual property was committed." Pub. L.
+No. 105-147, 111 Stat. 2678, 2680. See also endnote 2 in Part VII of the
+Appendix.
+
+6  In 1997, the No Electronic Theft (NET) Act amended section 507(a) by
+inserting "5" in lieu of "three." Pub. L. No. 105-147, 111 Stat. 2678.
+
+7  The Satellite Home Viewer Improvement Act of 1999 amended the heading
+for section 510 by substituting "programming" for "programing" and, in
+subsection (b), by substituting "statutory" for "compulsory." Pub. L.
+No. 106-113, 113 Stat. 1501, app. I at 1501A-543.
+
+8  In 1990, the Copyright Remedy Clarification Act added section 511.
+Pub. L. No. 101-553, 104 Stat. 2749. In 1999, a technical correction
+amended subsection 511(a) by inserting "121" in lieu of "119." Pub. L.
+No. 106-44, 113 Stat. 221, 222.
+
+9  In 1998, the Online Copyright Infringement Liability Limitation Act
+added section 512. Pub. L. No. 105-304, 112 Stat. 2860, 2877. In 1999, a
+technical correction deleted the heading for paragraph (2) of section
+512(e), which was "Injunctions." Pub. L. No. 106-44, 113 Stat. 221, 222.
+
+10  The Fairness in Music Licensing Act of 1998 added section 513. Pub.
+L. No. 105-298, 112 Stat. 2827, 2831. This section was originally
+designated as section 512. However, because two sections 512 had been
+enacted into law in 1998, a technical amendment redesignated this as
+section 513. Pub. L. No. 106-44, 113 Stat. 221. See also endnote 2*,
+supra.*
+
+------------------------------------------------------------------------
+
+Chapter 6
+
+Manufacturing Requirements and Importation
+
+  + 601. Manufacture, importation, and public distribution of certain
+         copies
+  + 602. Infringing importation of copies or phonorecords
+  + 603. Importation prohibitions: Enforcement and disposition of
+         excluded articles
+
+
+Section 601. Manufacture, importation, and public distribution of certain
+copies [1]
+
+(a) Prior to July 1, 1986, and except as provided by subsection (b), the
+importation into or public distribution in the United States of copies
+of a work consisting preponderantly of nondramatic literary material
+that is in the English language and is protected under this title is
+prohibited unless the portions consisting of such material have been
+manufactured in the United States or Canada.
+
+(b) The provisions of subsection (a) do not apply-
+
+(1) where, on the date when importation is sought or public distribution
+in the United States is made, the author of any substantial part of such
+material is neither a national nor a domiciliary of the United States
+or, if such author is a national of the United States, he or she has
+been domiciled outside the United States for a continuous period of at
+least one year immediately preceding that date; in the case of a work
+made for hire, the exemption provided by this clause does not apply
+unless a substantial part of the work was prepared for an employer or
+other person who is not a national or domiciliary of the United States
+or a domestic corporation or enterprise;
+
+(2) where the United States Customs Service is presented with an import
+statement issued under the seal of the Copyright Office, in which case a
+total of no more than two thousand copies of any one such work shall be
+allowed entry; the import statement shall be issued upon request to the
+copyright owner or to a person designated by such owner at the time of
+registration for the work under section 408 or at any time thereafter;
+
+(3) where importation is sought under the authority or for the use,
+other than in schools, of the Government of the United States or of any
+State or political subdivision of a State;
+
+(4) where importation, for use and not for sale, is sought-
+
+(A) by any person with respect to no more than one copy of any work at
+any one time;
+
+(B) by any person arriving from outside the United States, with respect
+to copies forming part of such person's personal baggage; or
+
+(C) by an organization operated for scholarly, educational, or religious
+purposes and not for private gain, with respect to copies intended to
+form a part of its library;
+
+(5) where the copies are reproduced in raised characters for the use of
+the blind; or
+
+(6) where, in addition to copies imported under clauses (3) and (4) of
+this subsection, no more than two thousand copies of any one such work,
+which have not been manufactured in the United States or Canada, are
+publicly distributed in the United States; or
+
+(7) where, on the date when importation is sought or public distribution
+in the United States is made-
+
+(A) the author of any substantial part of such material is an individual
+and receives compensation for the transfer or license of the right to
+distribute the work in the United States; and
+
+(B) the first publication of the work has previously taken place outside
+the United States under a transfer or license granted by such author to
+a transferee or licensee who was not a national or domiciliary of the
+United States or a domestic corporation or enterprise; and
+
+(C) there has been no publication of an authorized edition of the work
+of which the copies were manufactured in the United States; and
+
+(D) the copies were reproduced under a transfer or license granted by
+such author or by the transferee or licensee of the right of first
+publication as mentioned in subclause (B), and the transferee or the
+licensee of the right of reproduction was not a national or domiciliary
+of the United States or a domestic corporation or enterprise.
+
+(c) The requirement of this section that copies be manufactured in the
+United States or Canada is satisfied if-
+
+(1) in the case where the copies are printed directly from type that has
+been set, or directly from plates made from such type, the setting of
+the type and the making of the plates have been performed in the United
+States or Canada; or
+
+(2) in the case where the making of plates by a lithographic or
+photoengraving process is a final or intermediate step preceding the
+printing of the copies, the making of the plates has been performed in
+the United States or Canada; and
+
+(3) in any case, the printing or other final process of producing
+multiple copies and any binding of the copies have been performed in the
+United States or Canada.
+
+(d) Importation or public distribution of copies in violation of this
+section does not invalidate protection for a work under this title.
+However, in any civil action or criminal proceeding for infringement of
+the exclusive rights to reproduce and distribute copies of the work, the
+infringer has a complete defense with respect to all of the nondramatic
+literary material comprised in the work and any other parts of the work
+in which the exclusive rights to reproduce and distribute copies are
+owned by the same person who owns such exclusive rights in the
+nondramatic literary material, if the infringer proves-
+
+(1) that copies of the work have been imported into or publicly
+distributed in the United States in violation of this section by or with
+the authority of the owner of such exclusive rights; and
+
+(2) that the infringing copies were manufactured in the United States or
+Canada in accordance with the provisions of subsection (c); and
+
+(3) that the infringement was commenced before the effective date of
+registration for an authorized edition of the work, the copies of which
+have been manufactured in the United States or Canada in accordance with
+the provisions of subsection (c).
+
+(e) In any action for infringement of the exclusive rights to reproduce
+and distribute copies of a work containing material required by this
+section to be manufactured in the United States or Canada, the copyright
+owner shall set forth in the complaint the names of the persons or
+organizations who performed the processes specified by subsection (c)
+with respect to that material, and the places where those processes were
+performed.
+
+
+Section 602. Infringing importation of copies or phonorecords
+
+(a) Importation into the United States, without the authority of the
+owner of copyright under this title, of copies or phonorecords of a work
+that have been acquired outside the United States is an infringement of
+the exclusive right to distribute copies or phonorecords under section
+106, actionable under section 501. This subsection does not apply to-
+
+(1) importation of copies or phonorecords under the authority or for the
+use of the Government of the United States or of any State or political
+subdivision of a State, but not including copies or phonorecords for use
+in schools, or copies of any audiovisual work imported for purposes
+other than archival use;
+
+(2) importation, for the private use of the importer and not for
+distribution, by any person with respect to no more than one copy or
+phonorecord of any one work at any one time, or by any person arriving
+from outside the United States with respect to copies or phonorecords
+forming part of such person's personal baggage; or
+
+(3) importation by or for an organization operated for scholarly,
+educational, or religious purposes and not for private gain, with
+respect to no more than one copy of an audiovisual work solely for its
+archival purposes, and no more than five copies or phonorecords of any
+other work for its library lending or archival purposes, unless the
+importation of such copies or phonorecords is part of an activity
+consisting of systematic reproduction or distribution, engaged in by
+such organization in violation of the provisions of section 108(g)(2).
+
+(b) In a case where the making of the copies or phonorecords would have
+constituted an infringement of copyright if this title had been
+applicable, their importation is prohibited. In a case where the copies
+or phonorecords were lawfully made, the United States Customs Service
+has no authority to prevent their importation unless the provisions of
+section 601 are applicable. In either case, the Secretary of the
+Treasury is authorized to prescribe, by regulation, a procedure under
+which any person claiming an interest in the copyright in a particular
+work may, upon payment of a specified fee, be entitled to notification
+by the Customs Service of the importation of articles that appear to be
+copies or phonorecords of the work.
+
+
+Section 603. Importation prohibitions: Enforcement and disposition of
+excluded articles [2]
+
+(a) The Secretary of the Treasury and the United States Postal Service
+shall separately or jointly make regulations for the enforcement of the
+provisions of this title prohibiting importation.
+
+(b) These regulations may require, as a condition for the exclusion of
+articles under section 602-
+
+(1) that the person seeking exclusion obtain a court order enjoining
+importation of the articles; or
+
+(2) that the person seeking exclusion furnish proof, of a specified
+nature and in accordance with prescribed procedures, that the copyright
+in which such person claims an interest is valid and that the
+importation would violate the prohibition in section 602; the person
+seeking exclusion may also be required to post a surety bond for any
+injury that may result if the detention or exclusion of the articles
+proves to be unjustified.
+
+(c) Articles imported in violation of the importation prohibitions of
+this title are subject to seizure and forfeiture in the same manner as
+property imported in violation of the customs revenue laws. Forfeited
+articles shall be destroyed as directed by the Secretary of the Treasury
+or the court, as the case may be.
+
+------------------
+Chapter 6 Endnotes
+
+1  In 1982, section 601(a) was amended in the first sentence by
+substituting "1986" for "1982." Pub. L. No. 97-215, 96 Stat. 178.
+
+2  The Anticounterfeiting Consumer Protection Act of 1996 amended the
+last sentence of section 603(c) by deleting the semicolon and all text
+immediately following the words "as the case may be." Pub. L. No.
+104-153, 110 Stat. 1386, 1388.
+
+------------------------------------------------------------------------
+
+Chapter 7 [1]
+
+Copyright Office
+
+  + 701. The Copyright Office: General responsibilities and organization
+  + 702. Copyright Office regulations
+  + 703. Effective date of actions in Copyright Office
+  + 704. Retention and disposition of articles deposited in Copyright
+         Office
+  + 705. Copyright Office records:  Preparation, maintenance, public
+         inspection, and searching
+  + 706. Copies of Copyright Office records
+  + 707. Copyright Office forms and publications
+  + 708. Copyright Office fees
+  + 709. Delay in delivery caused by disruption of postal or other
+         services
+
+
+Section 701. The Copyright Office: General responsibilities and
+organization [2]
+
+(a) All administrative functions and duties under this title, except as
+otherwise specified, are the responsibility of the Register of
+Copyrights as director of the Copyright Office of the Library of
+Congress. The Register of Copyrights, together with the subordinate
+officers and employees of the Copyright Office, shall be appointed by
+the Librarian of Congress, and shall act under the Librarian's general
+direction and supervision.
+
+(b) In addition to the functions and duties set out elsewhere in this
+chapter, the Register of Copyrights shall perform the following
+functions:
+
+(1) Advise Congress on national and international issues relating to
+copyright, other matters arising under this title, and related matters.
+
+(2) Provide information and assistance to Federal departments and
+agencies and the Judiciary on national and international issues relating
+to copyright, other matters arising under this title, and related
+matters.
+
+(3) Participate in meetings of international intergovernmental
+organizations and meetings with foreign government officials relating to
+copyright, other matters arising under this title, and related matters,
+including as a member of United States delegations as authorized by the
+appropriate Executive branch authority.
+
+(4) Conduct studies and programs regarding copyright, other matters
+arising under this title, and related matters, the administration of the
+Copyright Office, or any function vested in the Copyright Office by law,
+including educational programs conducted cooperatively with foreign
+intellectual property offices and international intergovernmental
+organizations.
+
+(5) Perform such other functions as Congress may direct, or as may be
+appropriate in furtherance of the functions and duties specifically set
+forth in this title.
+
+(c) The Register of Copyrights shall adopt a seal to be used on and
+after January 1, 1978, to authenticate all certified documents issued by
+the Copyright Office.
+
+(d) The Register of Copyrights shall make an annual report to the
+Librarian of Congress of the work and accomplishments of the Copyright
+Office during the previous fiscal year. The annual report of the
+Register of Copyrights shall be published separately and as a part of
+the annual report of the Librarian of Congress.
+
+(e) Except as provided by section 706(b) and the regulations issued
+thereunder, all actions taken by the Register of Copyrights under this
+title are subject to the provisions of the Administrative Procedure Act
+of June 11, 1946, as amended (c. 324, 60 Stat. 237, title 5, United
+States Code, Chapter 5, Subchapter II and Chapter 7).
+
+(f) The Register of Copyrights shall be compensated at the rate of pay
+in effect for level III of the Executive Schedule under section 5314 of
+title 5.3 The Librarian of Congress shall establish not more than four
+positions for Associate Registers of Copyrights, in accordance with the
+recommendations of the Register of Copyrights. The Librarian shall make
+appointments to such positions after consultation with the Register of
+Copyrights. Each Associate Register of Copyrights shall be paid at a
+rate not to exceed the maximum annual rate of basic pay payable for
+GS-18 of the General Schedule under section 5332 of title 5.
+
+
+Section 702. Copyright Office regulations [4]
+
+The Register of Copyrights is authorized to establish regulations not
+inconsistent with law for the administration of the functions and duties
+made the responsibility of the Register under this title. All
+regulations established by the Register under this title are subject to
+the approval of the Librarian of Congress.
+
+
+Section 703. Effective date of actions in Copyright Office
+
+In any case in which time limits are prescribed under this title for the
+performance of an action in the Copyright Office, and in which the last
+day of the prescribed period falls on a Saturday, Sunday, holiday, or
+other nonbusiness day within the District of Columbia or the Federal
+Government, the action may be taken on the next succeeding business day,
+and is effective as of the date when the period expired.
+
+
+Section 704. Retention and disposition of articles deposited in Copyright
+Office
+
+(a) Upon their deposit in the Copyright Office under sections 407 and
+408, all copies, phonorecords, and identifying material, including those
+deposited in connection with claims that have been refused registration,
+are the property of the United States Government.
+
+(b) In the case of published works, all copies, phonorecords, and
+identifying material deposited are available to the Library of Congress
+for its collections, or for exchange or transfer to any other library.
+In the case of unpublished works, the Library is entitled, under
+regulations that the Register of Copyrights shall prescribe, to select
+any deposits for its collections or for transfer to the National
+Archives of the United States or to a Federal records center, as defined
+in section 2901 of title 44.
+
+(c) The Register of Copyrights is authorized, for specific or general
+categories of works, to make a facsimile reproduction of all or any part
+of the material deposited under section 408, and to make such
+reproduction a part of the Copyright Office records of the registration,
+before transferring such material to the Library of Congress as provided
+by subsection (b), or before destroying or otherwise disposing of such
+material as provided by subsection (d).
+
+(d) Deposits not selected by the Library under subsection (b), or
+identifying portions or reproductions of them, shall be retained under
+the control of the Copyright Office, including retention in Government
+storage facilities, for the longest period considered practicable and
+desirable by the Register of Copyrights and the Librarian of Congress.
+After that period it is within the joint discretion of the Register and
+the Librarian to order their destruction or other disposition; but, in
+the case of unpublished works, no deposit shall be knowingly or
+intentionally destroyed or otherwise disposed of during its term of
+copyright unless a facsimile reproduction of the entire deposit has been
+made a part of the Copyright Office records as provided by subsection
+(c).
+
+(e) The depositor of copies, phonorecords, or identifying material under
+section 408, or the copyright owner of record, may request retention,
+under the control of the Copyright Office, of one or more of such
+articles for the full term of copyright in the work. The Register of
+Copyrights shall prescribe, by regulation, the conditions under which
+such requests are to be made and granted, and shall fix the fee to be
+charged under section 708(a)(10) if the request is granted.
+
+
+Section 705. Copyright Office records: Preparation, maintenance, public
+inspection, and searching [5]
+
+(a) The Register of Copyrights shall ensure that records of deposits,
+registrations, recordations, and other actions taken under this title
+are maintained, and that indexes of such records are prepared.
+
+(b) Such records and indexes, as well as the articles deposited in
+connection with completed copyright registrations and retained under the
+control of the Copyright Office, shall be open to public inspection.
+
+(c) Upon request and payment of the fee specified by section 708, the
+Copyright Office shall make a search of its public records, indexes, and
+deposits, and shall furnish a report of the information they disclose
+with respect to any particular deposits, registrations, or recorded
+documents.
+
+
+Section 706. Copies of Copyright Office records
+
+(a) Copies may be made of any public records or indexes of the Copyright
+Office; additional certificates of copyright registration and copies of
+any public records or indexes may be furnished upon request and payment
+of the fees specified by section 708.
+
+(b) Copies or reproductions of deposited articles retained under the
+control of the Copyright Office shall be authorized or furnished only
+under the conditions specified by the Copyright Office regulations.
+
+
+Section 707. Copyright Office forms and publications
+
+(a) Catalog of Copyright Entries.  The Register of Copyrights shall
+compile and publish at periodic intervals catalogs of all copyright
+registrations. These catalogs shall be divided into parts in accordance
+with the various classes of works, and the Register has discretion to
+determine, on the basis of practicability and usefulness, the form and
+frequency of publication of each particular part.
+
+(b) Other Publications.  The Register shall furnish, free of charge upon
+request, application forms for copyright registration and general
+informational material in connection with the functions of the Copyright
+Office. The Register also has the authority to publish compilations of
+information, bibliographies, and other material he or she considers to
+be of value to the public.
+
+(c) Distribution of Publications.  All publications of the Copyright
+Office shall be furnished to depository libraries as specified under
+section 1905 of title 44, and, aside from those furnished free of
+charge, shall be offered for sale to the public at prices based on the
+cost of reproduction and distribution.
+
+
+Section 708. Copyright Office fees [6]
+
+(a) Fees.  Fees shall be paid to the Register of Copyrights-
+
+(1) on filing each application under section 408 for registration of a
+copyright claim or for a supplementary registration, including the
+issuance of a certificate of registration if registration is made;
+
+(2) on filing each application for registration of a claim for renewal
+of a subsisting copyright under section 304(a), including the issuance
+of a certificate of registration if registration is made;
+
+(3) for the issuance of a receipt for a deposit under section 407;
+
+(4) for the recordation, as provided by section 205, of a transfer of
+copyright ownership or other document;
+
+(5) for the filing, under section 115(b), of a notice of intention to
+obtain a compulsory license;
+
+(6) for the recordation, under section 302(c), of a statement revealing
+the identity of an author of an anonymous or pseudonymous work, or for
+the recordation, under section 302(d), of a statement relating to the
+death of an author;
+
+(7) for the issuance, under section 706, of an additional certificate of
+registration;
+
+(8) for the issuance of any other certification; and
+
+(9) for the making and reporting of a search as provided by section 705,
+and for any related services.
+
+The Register of Copyrights is authorized to fix fees for other services,
+including the cost of preparing copies of Copyright Office records,
+whether or not such copies are certified, based on the cost of providing
+the service.
+
+(b) Adjustment of Fees.  The Register of Copyrights may, by regulation,
+adjust the fees for the services specified in paragraphs (1) through (9)
+of subsection (a) in the following manner: [7]
+
+(1) The Register shall conduct a study of the costs incurred by the
+Copyright Office for the registration of claims, the recordation of
+documents, and the provision of services. The study shall also consider
+the timing of any adjustment in fees and the authority to use such fees
+consistent with the budget.
+
+(2) The Register may, on the basis of the study under paragraph (1), and
+subject to paragraph (5), adjust fees to not more than that necessary to
+cover the reasonable costs incurred by the Copyright Office for the
+services described in paragraph (1), plus a reasonable inflation
+adjustment to account for any estimated increase in costs.
+
+(3) Any fee established under paragraph (2) shall be rounded off to the
+nearest dollar, or for a fee less than $12, rounded off to the nearest
+50 cents.
+
+(4) Fees established under this subsection shall be fair and equitable
+and give due consideration to the objectives of the copyright system.
+
+(5) If the Register determines under paragraph (2) that fees should be
+adjusted, the Register shall prepare a proposed fee schedule and submit
+the schedule with the accompanying economic analysis to the Congress.
+The fees proposed by the Register may be instituted after the end of 120
+days after the schedule is submitted to the Congress unless, within that
+120-day period, a law is enacted stating in substance that the Congress
+does not approve the schedule.
+
+(c) The fees prescribed by or under this section are applicable to the
+United States Government and any of its agencies, employees, or
+officers, but the Register of Copyrights has discretion to waive the
+requirement of this subsection in occasional or isolated cases involving
+relatively small amounts.
+
+(d) (1) Except as provided in paragraph (2), all fees received under
+this section shall be deposited by the Register of Copyrights in the
+Treasury of the United States and shall be credited to the
+appropriations for necessary expenses of the Copyright Office. Such fees
+that are collected shall remain available until expended. The Register
+may, in accordance with regulations that he or she shall prescribe,
+refund any sum paid by mistake or in excess of the fee required by this
+section.
+
+(2) In the case of fees deposited against future services, the Register
+of Copyrights shall request the Secretary of the Treasury to invest in
+interest-bearing securities in the United States Treasury any portion of
+the fees that, as determined by the Register, is not required to meet
+current deposit account demands. Funds from such portion of fees shall
+be invested in securities that permit funds to be available to the
+Copyright Office at all times if they are determined to be necessary to
+meet current deposit account demands. Such investments shall be in
+public debt securities with maturities suitable to the needs of the
+Copyright Office, as determined by the Register of Copyrights, and
+bearing interest at rates determined by the Secretary of the Treasury,
+taking into consideration current market yields on outstanding
+marketable obligations of the United States of comparable maturities.
+
+(3) The income on such investments shall be deposited in the Treasury of
+the United States and shall be credited to the appropriations for
+necessary expenses of the Copyright Office.
+
+
+Section 709. Delay in delivery caused by disruption of postal or other
+services
+
+In any case in which the Register of Copyrights determines, on the basis
+of such evidence as the Register may by regulation require, that a
+deposit, application, fee, or any other material to be delivered to the
+Copyright Office by a particular date, would have been received in the
+Copyright Office in due time except for a general disruption or
+suspension of postal or other transportation or communications services,
+the actual receipt of such material in the Copyright Office within one
+month after the date on which the Register determines that the
+disruption or suspension of such services has terminated, shall be
+considered timely.
+
+------------------
+Chapter 7 Endnotes
+
+1  The Work Made for Hire and Copyright Corrections Act of 2000 amended
+the table of sections for chapter 7 by deleting section 710, entitled,
+"Reproduction for use of the blind and physically handicapped: Voluntary
+licensing forms and procedures." Pub. L. No. 106-379, 114 Stat. 1444,
+1445.
+
+2  The Copyright Fees and Technical Amendments Act of 1989 amended
+section 701 by adding subsection (e). Pub. L. No. 101-319, 104 Stat.
+290. In 1998, the Digital Millennium Copyright Act amended section 701
+by adding a new subsection (b), redesignating former subsections (b)
+through (e) as (c) through (f) respectively, and, in the new subsection
+(f), by substituting "III" for "IV" and "5314" for "5315." Pub. L. No.
+105-304, 112 Stat. 2860, 2887.
+
+3  Title 5 of the *United States Code* is entitled "Government
+Organization and Employees."
+
+4  Copyright Office regulations are published in the *Federal Register
+    [http://www.loc.gov/copyright/fedreg/] *and in title 37, Chapter II,
+    of the *Code of Federal Regulations.
+    [http://www.loc.gov/copyright/title37/] *
+
+5  The Work Made for Hire and Copyright Corrections Act of 2000 amended
+section 705 by rewriting paragraph (a). Pub. L. No. 106-379, 114 Stat.
+1444, 1445.
+
+6  The Copyright Fees and Technical Amendments Act of 1989 amended
+section 708 by substituting a new subsection (a), by redesignating
+subsections (b) and (c) as subsections (c) and (d), respectively, and by
+adding a new subsection (b). Pub. L. No. 101-318, 104 Stat. 287. The Act
+states that these amendments "shall take effect 6 months after the date
+of the enactment of this Act" and shall apply to:
+
+(A) claims to original, supplementary, and renewal copyright received
+for registration, and to items received for recordation in the Copyright
+Office, on or after such effective date, and
+
+(B) other requests for services received on or after such effective
+date, or received before such effective date for services not yet
+rendered as of such date.
+
+With respect to prior claims, the Act states that claims to original,
+supplementary, and renewal copyright received for registration and items
+received for recordation in acceptable form in the Copyright Office
+before the above mentioned effective date, and requests for services
+which are rendered before such effective date "shall be governed by
+section 708 of title 17, United States Code, as in effect before such
+effective date." Pub. L. No. 101-318, 104 Stat. 287, 288.
+
+The Copyright Renewal Act of 1992 amended paragraph (2) of section
+708(a) by striking the words "in its first term" and by substituting
+"$20" in lieu of "$12." Pub. L. No. 102-307, 106 Stat. 264, 266.
+
+In 1997, section 708 was amended by rewriting subsections (b) and (d) in
+their entirety. Pub. L. No. 105-80, 111 Stat. 1529, 1532.
+
+The Work Made for Hire and Copyright Corrections Act of 2000 amended
+section 708 by rewriting subsection (a), by substituting new language
+for the first sentence in subsection (b) and by substituting
+"adjustment" for "increase" in paragraph (b)(1), the word "adjust" for
+"increase" in paragraph (b)(2) and the word "adjusted" for "increased"
+in paragraph (b)(5). Pub. L. No. 106-379, 114 Stat. 1444, 1445. The Act
+also stated that "The fees under section 708(a) of title 17, United
+States Code, on the date of the enactment of this Act shall be the fees
+in effect under section 708(a) of such title on the day before such date
+of enactment."
+
+7  The current fees may be found in the *Code of Federal Regulations,
+[http://www.loc.gov/copyright/title37/] * at 37 C.F.R. Sec. 201.3,
+[http://www.loc.gov/copyright/title37/] as authorized by Pub. L. No.
+105-80, 111 Stat. 1529, 1532. In Pub. L. No. 105-80, Congress amended
+section 708(b) to require that the Register of Copyrights establish fees
+by regulation.
+
+------------------------------------------------------------------------
+
+Chapter 8 [1]
+
+Copyright Arbitration Royalty Panels
+
+  + 801. Copyright arbitration royalty panels: Establishment and purpose
+  + 802. Membership and proceedings of copyright arbitration royalty
+         panels
+  + 803. Institution and conclusion of proceedings
+
+
+Section 801. Copyright arbitration royalty panels: Establishment and
+purpose [2]
+
+(a) Establishment.  The Librarian of Congress, upon the recommendation of
+the Register of Copyrights, is authorized to appoint and convene
+copyright arbitration royalty panels.
+
+(b) Purposes.  Subject to the provisions of this chapter, the purposes of
+the copyright arbitration royalty panels shall be as follows:
+
+(1) To make determinations concerning the adjustment of reasonable
+copyright royalty rates as provided in sections 114, 115, 116, and 119,
+and to make determinations as to reasonable terms and rates of royalty
+payments as provided in section 118. The rates applicable under sections
+114(f)(1)(B), 115, and 116 shall be calculated to achieve the following
+objectives:
+
+(A) To maximize the availability of creative works to the public;
+
+(B) To afford the copyright owner a fair return for his creative work
+and the copyright user a fair income under existing economic conditions;
+
+(C) To reflect the relative roles of the copyright owner and the
+copyright user in the product made available to the public with respect
+to relative creative contribution, technological contribution, capital
+investment, cost, risk, and contribution to the opening of new markets
+for creative expression and media for their communication;
+
+(D) To minimize any disruptive impact on the structure of the industries
+involved and on generally prevailing industry practices.
+
+(2) To make determinations concerning the adjustment of the copyright
+royalty rates in section 111 solely in accordance with the following
+provisions:
+
+(A) The rates established by section 111(d)(1)(B) may be adjusted to
+reflect (i) national monetary inflation or deflation or (ii) changes in
+the average rates charged cable subscribers for the basic service of
+providing secondary transmissions to maintain the real constant dollar
+level of the royalty fee per subscriber which existed as of the date of
+enactment of this Act: *Provided*, That if the average rates charged
+cable system subscribers for the basic service of providing secondary
+transmissions are changed so that the average rates exceed national
+monetary inflation, no change in the rates established by section 111(d)
+(1)(B) shall be permitted: *And provided further, *That no increase in
+the royalty fee shall be permitted based on any reduction in the average
+number of distant signal equivalents per subscriber. The copyright
+arbitration royalty panels may consider all factors relating to the
+maintenance of such level of payments including, as an extenuating
+factor, whether the industry has been restrained by subscriber rate
+regulating authorities from increasing the rates for the basic service
+of providing secondary transmissions.
+
+(B) In the event that the rules and regulations of the Federal
+Communications Commission are amended at any time after April 15, 1976,
+to permit the carriage by cable systems of additional television
+broadcast signals beyond the local service area of the primary
+transmitters of such signals, the royalty rates established by section
+111(d)(1)(B) may be adjusted to insure that the rates for the additional
+distant signal equivalents resulting from such carriage are reasonable
+in the light of the changes effected by the amendment to such rules and
+regulations. In determining the reasonableness of rates proposed
+following an amendment of Federal Communications Commission rules and
+regulations, the copyright arbitration royalty panels shall consider,
+among other factors, the economic impact on copyright owners and users:
+*Provided*, That no adjustment in royalty rates shall be made under this
+subclause with respect to any distant signal equivalent or fraction
+thereof represented by (i) carriage of any signal permitted under the
+rules and regulations of the Federal Communications Commission in effect
+on April 15, 1976, or the carriage of a signal of the same type (that
+is, independent, network, or noncommercial educational) substituted for
+such permitted signal, or (ii) a television broadcast signal first
+carried after April 15, 1976, pursuant to an individual waiver of the
+rules and regulations of the Federal Communications Commission, as such
+rules and regulations were in effect on April 15,1976.
+
+(C) In the event of any change in the rules and regulations of the
+Federal Communications Commission with respect to syndicated and sports
+program exclusivity after April 15, 1976, the rates established by
+section 111(d)(1)(B) may be adjusted to assure that such rates are
+reasonable in light of the changes to such rules and regulations, but
+any such adjustment shall apply only to the affected television
+broadcast signals carried on those systems affected by the change.
+
+(D) The gross receipts limitations established by section 111(d)(1)(C)
+and (D) shall be adjusted to reflect national monetary inflation or
+deflation or changes in the average rates charged cable system
+subscribers for the basic service of providing secondary transmissions
+to maintain the real constant dollar value of the exemption provided by
+such section; and the royalty rate specified therein shall not be
+subject to adjustment.
+
+(3) To distribute royalty fees deposited with the Register of Copyrights
+under sections 111, 116, 119(b), and 1003, and to determine, in cases
+where controversy exists, the distribution of such fees.
+
+(c) Rulings.  The Librarian of Congress, upon the recommendation of the
+Register of Copyrights, may, before a copyright arbitration royalty
+panel is convened, make any necessary procedural or evidentiary rulings
+that would apply to the proceedings conducted by such panel, including-
+
+(1) authorizing the distribution of those royalty fees collected under
+sections 111, 119, and 1005 that the Librarian has found are not subject
+to controversy; and
+
+(2) accepting or rejecting royalty claims filed under sections 111, 119,
+and 1007 on the basis of timeliness or the failure to establish the
+basis for a claim.
+
+(d) Support and Reimbursement of Arbitration Panels.  The Librarian of
+Congress, upon the recommendation of the Register of Copyrights, shall
+provide the copyright arbitration royalty panels with the necessary
+administrative services related to proceedings under this chapter, and
+shall reimburse the arbitrators presiding in distribution proceedings at
+such intervals and in such manner as the Librarian shall provide by
+regulation. Each such arbitrator is an independent contractor acting on
+behalf of the United States, and shall be hired pursuant to a signed
+agreement between the Library of Congress and the arbitrator. Payments
+to the arbitrators shall be considered reasonable costs incurred by the
+Library of Congress and the Copyright Office for purposes of section
+802(h)(1).
+
+
+Section 802. Membership and proceedings of copyright arbitration royalty
+panels [3]
+
+(a) Composition of Copyright Arbitration Royalty Panels.  A copyright
+arbitration royalty panel shall consist of 3 arbitrators selected by the
+Librarian of Congress pursuant to subsection (b).
+
+(b) Selection of Arbitration Panel.  Not later than 10 days after
+publication of a notice in the Federal Register initiating an
+arbitration proceeding under section 803, and in accordance with
+procedures specified by the Register of Copyrights, the Librarian of
+Congress shall, upon the recommendation of the Register of Copyrights,
+select 2 arbitrators from lists provided by professional arbitration
+associations. Qualifications of the arbitrators shall include experience
+in conducting arbitration proceedings and facilitating the resolution
+and settlement of disputes, and any qualifications which the Librarian
+of Congress, upon the recommendation of the Register of Copyrights,
+shall adopt by regulation. The 2 arbitrators so selected shall, within
+10 days after their selection, choose a third arbitrator from the same
+lists, who shall serve as the chairperson of the arbitrators. If such 2
+arbitrators fail to agree upon the selection of a third arbitrator, the
+Librarian of Congress shall promptly select the third arbitrator. The
+Librarian of Congress, upon the recommendation of the Register of
+Copyrights, shall adopt regulations regarding standards of conduct which
+shall govern arbitrators and the proceedings under this chapter. [4]
+
+(c) Arbitration Proceedings.  Copyright arbitration royalty panels shall
+conduct arbitration proceedings, subject to subchapter II of chapter 5
+of title 5, for the purpose of making their determinations in carrying
+out the purposes set forth in section 801. The arbitration panels shall
+act on the basis of a fully documented written record, prior decisions
+of the Copyright Royalty Tribunal, prior copyright arbitration panel
+determinations, and rulings by the Librarian of Congress under section
+801(c). Any copyright owner who claims to be entitled to royalties under
+section 111, 112, 114, 116, or 119, any transmitting organization
+entitled to a statutory license under section 112(f), any person
+entitled to a statutory license under section 114(d), any person
+entitled to a compulsory license under section 115, or any interested
+copyright party who claims to be entitled to royalties under section
+1006, may submit relevant information and proposals to the arbitration
+panels in proceedings applicable to such copyright owner or interested
+copyright party, and any other person participating in arbitration
+proceedings may submit such relevant information and proposals to the
+arbitration panel conducting the proceedings. In ratemaking proceedings,
+the parties to the proceedings shall bear the entire cost thereof in
+such manner and proportion as the arbitration panels shall direct. In
+distribution proceedings, the parties shall bear the cost in direct
+proportion to their share of the distribution.
+
+(d) Procedures.  Effective on the date of the enactment of the Copyright
+Royalty Tribunal Reform Act of 1993, the Librarian of Congress shall
+adopt the rules and regulations set forth in chapter 3 of title 37 of
+the Code of Federal Regulations to govern proceedings under this
+chapter. Such rules and regulations shall remain in effect unless and
+until the Librarian, upon the recommendation of the Register of
+Copyrights, adopts supplemental or superseding regulations under
+subchapter II of chapter 5 of title 5.
+
+(e) Report to the Librarian of Congress.  Not later than 180 days after
+publication of the notice in the Federal Register initiating an
+arbitration proceeding, the copyright arbitration royalty panel
+conducting the proceeding shall report to the Librarian of Congress its
+determination concerning the royalty fee or distribution of royalty
+fees, as the case may be. Such report shall be accompanied by the
+written record, and shall set forth the facts that the arbitration panel
+found relevant to its determination.
+
+(f) Action by Librarian of Congress.  Within 90 days after receiving the
+report of a copyright arbitration royalty panel under subsection (e),
+the Librarian of Congress, upon the recommendation of the Register of
+Copyrights, shall adopt or reject the determination of the arbitration
+panel. The Librarian shall adopt the determination of the arbitration
+panel unless the Librarian finds that the determination is arbitrary or
+contrary to the applicable provisions of this title. If the Librarian
+rejects the determination of the arbitration panel, the Librarian shall,
+before the end of an additional 30-day period, and after full
+examination of the record created in the arbitration proceeding, issue
+an order setting the royalty fee or distribution of fees, as the case
+may be. The Librarian shall cause to be published in the Federal
+Register the determination of the arbitration panel, and the decision of
+the Librarian (including an order issued under the preceding sentence).
+The Librarian shall also publicize such determination and decision in
+such other manner as the Librarian considers appropriate. The Librarian
+shall also make the report of the arbitration panel and the accompanying
+record available for public inspection and copying.
+
+(g) Judicial Review.  Any decision of the Librarian of Congress under
+subsection (f) with respect to a determination of an arbitration panel
+may be appealed, by any aggrieved party who would be bound by the
+determination, to the United States Court of Appeals for the District of
+Columbia Circuit, within 30 days after the publication of the decision
+in the Federal Register. If no appeal is brought within such 30-day
+period, the decision of the Librarian is final, and the royalty fee or
+determination with respect to the distribution of fees, as the case may
+be, shall take effect as set forth in the decision. When this title
+provides that the royalty rates or terms that were previously in effect
+are to expire on a specified date, any adjustment by the Librarian of
+those rates or terms shall be effective as of the day following the date
+of expiration of the rates or terms that were previously in effect, even
+if the Librarian's decision is rendered on a later date. The pendency of
+an appeal under this paragraph shall not relieve persons obligated to
+make royalty payments under sections 111, 112, 114, 115, 116, 118, 119,
+or 1003 who would be affected by the determination on appeal to deposit
+the statement of account and royalty fees specified in those sections.
+The court shall have jurisdiction to modify or vacate a decision of the
+Librarian only if it finds, on the basis of the record before the
+Librarian, that the Librarian acted in an arbitrary manner. If the court
+modifies the decision of the Librarian, the court shall have
+jurisdiction to enter its own determination with respect to the amount
+or distribution of royalty fees and costs, to order the repayment of any
+excess fees, and to order the payment of any underpaid fees, and the
+interest pertaining respectively thereto, in accordance with its final
+judgment. The court may further vacate the decision of the arbitration
+panel and remand the case to the Librarian for arbitration proceedings
+in accordance with subsection (c).
+
+(h) Administrative Matters.
+
+(1) Deduction of costs of library of congress and copyright office from
+royalty fees.  The Librarian of Congress and the Register of Copyrights
+may, to the extent not otherwise provided under this title, deduct from
+royalty fees deposited or collected under this title the reasonable
+costs incurred by the Library of Congress and the Copyright Office under
+this chapter. Such deduction may be made before the fees are distributed
+to any copyright claimants. In addition, all funds made available by an
+appropriations Act as offsetting collections and available for
+deductions under this subsection shall remain available until expended.
+In ratemaking proceedings, the reasonable costs of the Librarian of
+Congress and the Copyright Office shall be borne by the parties to the
+proceedings as directed by the arbitration panels under subsection (c).
+
+(2) Positions required for administration of compulsory licensing.
+Section 307 of the Legislative Branch Appropriations Act, 1994, shall
+not apply to employee positions in the Library of Congress that are
+required to be filled in order to carry out section 111, 112, 114, 115,
+116, 118, or 119 or chapter 10.
+
+
+Section 803. Institution and conclusion of proceedings [5]
+
+(a)(1) With respect to proceedings under section 801(b)(1) concerning
+the adjustment of royalty rates as provided in sections 112, 114, 115,
+and 116, and with respect to proceedings under subparagraphs (A) and (D)
+of section 801(b)(2), during the calendar years specified in the
+schedule set forth in paragraphs (2), (3), (4), and (5), any owner or
+user of a copyrighted work whose royalty rates are specified by this
+title, established by the Copyright Royalty Tribunal before the date of
+the enactment of the Copyright Royalty Tribunal Reform Act of 1993, or
+established by a copyright arbitration royalty panel after such date of
+enactment, may file a petition with the Librarian of Congress declaring
+that the petitioner requests an adjustment of the rate. The Librarian of
+Congress shall, upon the recommendation of the Register of Copyrights,
+make a determination as to whether the petitioner has such a significant
+interest in the royalty rate in which an adjustment is requested. If the
+Librarian determines that the petitioner has such a significant
+interest, the Librarian shall cause notice of this determination, with
+the reasons therefor, to be published in the Federal Register, together
+with the notice of commencement of proceedings under this chapter.
+
+(2) In proceedings under section 801(b)(2)(A) and (D), a petition
+described in paragraph (1) may be filed during 1995 and in each
+subsequent fifth calendar year.
+
+(3) In proceedings under section 801(b)(1) concerning the adjustment of
+royalty rates as provided in section 115, a petition described in
+paragraph (1) may be filed in 1997 and in each subsequent tenth calendar
+year or as prescribed in section 115(c)(3)(D).
+
+(4)(A) In proceedings under section 801(b)(1) concerning the adjustment
+of royalty rates as provided in section 116, a petition described in
+paragraph (1) may be filed at any time within 1 year after negotiated
+licenses authorized by section 116 are terminated or expire and are not
+replaced by subsequent agreements.
+
+(B) If a negotiated license authorized by section 116 is terminated or
+expires and is not replaced by another such license agreement which
+provides permission to use a quantity of musical works not substantially
+smaller than the quantity of such works performed on coin-operated
+phonorecord players during the 1-year period ending March 1, 1989, the
+Librarian of Congress shall, upon petition filed under paragraph (1)
+within 1 year after such termination or expiration, convene a copyright
+arbitration royalty panel. The arbitration panel shall promptly
+establish an interim royalty rate or rates for the public performance by
+means of a coin-operated phonorecord player of non-dramatic musical
+works embodied in phonorecords which had been subject to the terminated
+or expired negotiated license agreement. Such rate or rates shall be the
+same as the last such rate or rates and shall remain in force until the
+conclusion of proceedings by the arbitration panel, in accordance with
+section 802, to adjust the royalty rates applicable to such works, or
+until superseded by a new negotiated license agreement, as provided in
+section 116(b).
+
+(5) With respect to proceedings under section 801(b)(1) concerning the
+determination of reasonable terms and rates of royalty payments as
+provided in section 112 or 114, the Librarian of Congress shall proceed
+when and as provided by those sections.
+
+(b) With respect to proceedings under subparagraph (B) or (C) of section
+801(b)(2), following an event described in either of those subsections,
+any owner or user of a copyrighted work whose royalty rates are
+specified by section 111, or by a rate established by the Copyright
+Royalty Tribunal or the Librarian of Congress, may, within twelve
+months, file a petition with the Librarian declaring that the petitioner
+requests an adjustment of the rate. In this event the Librarian shall
+proceed as in subsection (a) of this section. Any change in royalty
+rates made by the Copyright Royalty Tribunal or the Librarian of
+Congress pursuant to this subsection may be reconsidered in 1980, 1985,
+and each fifth calendar year thereafter, in accordance with the
+provisions in section 801(b)(2)(B) or (C), as the case may be.
+
+(c) With respect to proceedings under section 801(b)(1), concerning the
+determination of reasonable terms and rates of royalty payments as
+provided in section 118, the Librarian of Congress shall proceed when
+and as provided by that section.
+
+(d) With respect to proceedings under section 801(b)(3) or (4),
+concerning the distribution of royalty fees in certain circumstances
+under section 111, 116, 119, or 1007, the Librarian of Congress shall,
+upon a determination that a controversy exists concerning such
+distribution, cause to be published in the Federal Register notice of
+commencement of proceedings under this chapter.
+
+------------------
+Chapter 8 Endnotes
+
+1  The Copyright Royalty Tribunal Reform Act of 1993 amended chapter 8
+by substituting a new chapter title heading and by repealing sections
+803 and 805 through 810. Pub. L. No. 103-198, 107 Stat. 2304, 2308.
+
+2  In 1986, section 801(b) was amended in paragraph (2)(A) by inserting
+"111(d)(1)(B)" in lieu of "111(d)(2)(B)," wherever it appeared. Pub. L.
+No. 99-397, 100 Stat. 848. The Satellite Home Viewer Act of 1988 amended
+section 801(b)(3) by substituting ", 116 and 119(b)" in lieu of "and
+116." Pub. L. No. 100-667, 102 Stat. 3935, 3949, 3958. The Copyright
+Royalty Tribunal Reform Act of 1993 amended section 801 by giving it a
+new heading, by amending subsection (a) in its entirety, by making
+conforming amendments throughout subsection (b), by amending the first
+sentence of subsection (c) and by adding subsection (d). Pub. L. No.
+103-198, 107 Stat. 2304. In 1997, section 801 was amended by inserting
+"119" in the first sentence of subsection (b)(1), by adding paragraphs
+(1) and (2) of subsection (c) and by amending subsection (d) in its
+entirety. Pub. L. No. 105-80, 111 Stat. 1529, 1533. In 1998, the Digital
+Millennium Copyright Act amended the first sentence of section 801(b) by
+inserting "114(f)(1)(B)" in lieu of "114." Pub. L. No. 105-304, 112
+Stat. 2860, 2902.
+
+3  The Copyright Royalty Tribunal Reform Act of 1993 amended section 802
+in its entirety. Pub. L. No. 103-198, 107 Stat. 2304, 2305. In 1997,
+section 802(h)(1) was amended in its entirety. Pub. L. No. 105-80, 111
+Stat. 1529.
+
+In 1998, the Digital Millennium Copyright Act amended section 802 as
+follows: 1) in subsection (c), by inserting in the third sentence "any
+transmitting organization entitled to a statutory license under section
+112(f)" after "section 111, 112, 114, 116, and 119"; 2) in subsection
+(f), by inserting "90" in lieu of "60" in the first sentence and "an
+additional 30-day period" in lieu of "that additional 60 day period" in
+the third sentence; 3) in subsection (g), by adding the third sentence,
+which begins "When this title provides that the royalty rates" and by
+inserting "112" after "111"; and 4) by inserting "112" after "111" in
+subsection (h)(2). Pub. L. No. 105-304, 112 Stat. 2860, 2902.
+
+4  See title 37, Chapter II, of the *Code of Federal Regulations.*
+
+5  The Copyright Royalty Tribunal Reform Act of 1993 redesignated
+section 804 as section 803 and amended the newly designated section 803
+in its entirety. Pub. L. No. 103-198, 107 Stat. 2304, 2307. In 1995, the
+Digital Performance Right in Sound Recordings Act amended section 803(a)
+by adding paragraph (5) and by making conforming amendments throughout
+chapter 8. Pub. L. No. 104-39, 109 Stat. 336, 349. In 1998, the Digital
+Millennium Copyright Act amended section 803(a) by inserting "112"
+before "114" in paragraphs (1) and (5) and by substituting "those
+sections" in lieu of "that section" in paragraph (5). Pub. L. No.
+105-304, 112 Stat. 2860, 2902.
+
+------------------------------------------------------------------------
+
+Chapter 9 [1]
+
+Protection of Semiconductor Chip Products
+
+  + 901. Definitions
+  + 902. Subject matter of protection
+  + 903. Ownership, transfer, licensure, and recordation [2]
+  + 904. Duration of protection
+  + 905. Exclusive rights in mask works
+  + 906. Limitation on exclusive rights: reverse engineering; first sale
+  + 907. Limitation on exclusive rights: innocent infringement
+  + 908. Registration of claims of protection
+  + 909. Mask work notice
+  + 910. Enforcement of exclusive rights
+  + 911. Civil actions
+  + 912. Relation to other laws
+  + 913. Transitional provisions
+  + 914. International transitional provisions
+
+
+Section 901. Definitions
+
+(a) As used in this chapter
+
+(1) a "semiconductor chip product" is the final or intermediate form of
+any product-
+
+(A) having two or more layers of metallic, insulating, or semiconductor
+material, deposited or otherwise placed on, or etched away or otherwise
+removed from, a piece of semiconductor material in accordance with a
+predetermined pattern; and
+
+(B) intended to perform electronic circuitry functions;
+
+(2) a "mask work" is a series of related images, however fixed or
+encoded-
+
+(A) having or representing the predetermined, three-dimensional pattern
+of metallic, insulating, or semiconductor material present or removed
+from the layers of a semiconductor chip product; and
+
+(B) in which series the relation of the images to one another is that
+each image has the pattern of the surface of one form of the
+semiconductor chip product;
+
+(3) a mask work is "fixed" in a semiconductor chip product when its
+embodiment in the product is sufficiently permanent or stable to permit
+the mask work to be perceived or reproduced from the product for a
+period of more than transitory duration;
+
+(4) to "distribute" means to sell, or to lease, bail, or otherwise
+transfer, or to offer to sell, lease, bail, or otherwise transfer;
+
+(5) to "commercially exploit" a mask work is to distribute to the public
+for commercial purposes a semiconductor chip product embodying the mask
+work; except that such term includes an offer to sell or transfer a
+semiconductor chip product only when the offer is in writing and occurs
+after the mask work is fixed in the semiconductor chip product;
+
+(6) the "owner" of a mask work is the person who created the mask work,
+the legal representative of that person if that person is deceased or
+under a legal incapacity, or a party to whom all the rights under this
+chapter of such person or representative are transferred in accordance
+with section 903(b); except that, in the case of a work made within the
+scope of a person's employment, the owner is the employer for whom the
+person created the mask work or a party to whom all the rights under
+this chapter of the employer are transferred in accordance with section
+903(b);
+
+(7) an "innocent purchaser" is a person who purchases a semiconductor
+chip product in good faith and without having notice of protection with
+respect to the semiconductor chip product;
+
+(8) having "notice of protection" means having actual knowledge that, or
+reasonable grounds to believe that, a mask work is protected under this
+chapter; and
+
+(9) an "infringing semiconductor chip product" is a semiconductor chip
+product which is made, imported, or distributed in violation of the
+exclusive rights of the owner of a mask work under this chapter.
+
+(b) For purposes of this chapter, the distribution or importation of a
+product incorporating a semiconductor chip product as a part thereof is
+a distribution or importation of that semiconductor chip product.
+
+
+Section 902. Subject matter of protection [3]
+
+(a)(1) Subject to the provisions of subsection (b), a mask work fixed in
+a semiconductor chip product, by or under the authority of the owner of
+the mask work, is eligible for protection under this chapter if-
+
+(A) on the date on which the mask work is registered under section 908,
+or is first commercially exploited anywhere in the world, whichever
+occurs first, the owner of the mask work is (i) a national or
+domiciliary of the United States, (ii) a national, domiciliary, or
+sovereign authority of a foreign nation that is a party to a treaty
+affording protection to mask works to which the United States is also a
+party, or (iii) a stateless person, wherever that person may be
+domiciled;
+
+(B) the mask work is first commercially exploited in the United States;
+or
+
+(C) the mask work comes within the scope of a Presidential proclamation
+issued under paragraph (2).
+
+(2) Whenever the President finds that a foreign nation extends, to mask
+works of owners who are nationals or domiciliaries of the United States
+protection (A) on substantially the same basis as that on which the
+foreign nation extends protection to mask works of its own nationals and
+domiciliaries and mask works first commercially exploited in that
+nation, or (B) on substantially the same basis as provided in this
+chapter, the President may by proclamation extend protection under this
+chapter to mask works (i) of owners who are, on the date on which the
+mask works are registered under section 908, or the date on which the
+mask works are first commercially exploited anywhere in the world,
+whichever occurs first, nationals, domiciliaries, or sovereign
+authorities of that nation, or (ii) which are first commercially
+exploited in that nation. The President may revise, suspend, or revoke
+any such proclamation or impose any conditions or limitations on
+protection extended under any such proclamation.
+
+(b) Protection under this chapter shall not be available for a mask work
+that-
+
+(1) is not original; or
+
+(2) consists of designs that are staple, commonplace, or familiar in the
+semiconductor industry, or variations of such designs, combined in a way
+that, considered as a whole, is not original.
+
+(c) In no case does protection under this chapter for a mask work extend
+to any idea, procedure, process, system, method of operation, concept,
+principle, or discovery, regardless of the form in which it is
+described, explained, illustrated, or embodied in such work.
+
+
+Section 903. Ownership, transfer, licensing, and recordation
+
+(a) The exclusive rights in a mask work subject to protection under this
+chapter belong to the owner of the mask work.
+
+(b) The owner of the exclusive rights in a mask work may transfer all of
+those rights, or license all or less than all of those rights, by any
+written instrument signed by such owner or a duly authorized agent of
+the owner. Such rights may be transferred or licensed by operation of
+law, may be bequeathed by will, and may pass as personal property by the
+applicable laws of intestate succession.
+
+(c)(1) Any document pertaining to a mask work may be recorded in the
+Copyright Office if the document filed for recordation bears the actual
+signature of the person who executed it, or if it is accompanied by a
+sworn or official certification that it is a true copy of the original,
+signed document. The Register of Copyrights shall, upon receipt of the
+document and the fee specified pursuant to section 908(d), record the
+document and return it with a certificate of recordation. The
+recordation of any transfer or license under this paragraph gives all
+persons constructive notice of the facts stated in the recorded document
+concerning the transfer or license.
+
+(2) In any case in which conflicting transfers of the exclusive rights
+in a mask work are made, the transfer first executed shall be void as
+against a subsequent transfer which is made for a valuable consideration
+and without notice of the first transfer, unless the first transfer is
+recorded in accordance with paragraph (1) within three months after the
+date on which it is executed, but in no case later than the day before
+the date of such subsequent transfer.
+
+(d) Mask works prepared by an officer or employee of the United States
+Government as part of that person's official duties are not protected
+under this chapter, but the United States Government is not precluded
+from receiving and holding exclusive rights in mask works transferred to
+the Government under subsection (b).
+
+
+Section 904. Duration of protection
+
+(a) The protection provided for a mask work under this chapter shall
+commence on the date on which the mask work is registered under section
+908, or the date on which the mask work is first commercially exploited
+anywhere in the world, whichever occurs first.
+
+(b) Subject to subsection (c) and the provisions of this chapter, the
+protection provided under this chapter to a mask work shall end ten
+years after the date on which such protection commences under subsection
+(a).
+
+(c) All terms of protection provided in this section shall run to the
+end of the calendar year in which they would otherwise expire.
+
+
+Section 905. Exclusive rights in mask works
+
+The owner of a mask work provided protection under this chapter has the
+exclusive rights to do and to authorize any of the following:
+
+(1) to reproduce the mask work by optical, electronic, or any other
+means;
+
+(2) to import or distribute a semiconductor chip product in which the
+mask work is embodied; and
+
+(3) to induce or knowingly to cause another person to do any of the acts
+described in paragraphs (1) and (2).
+
+Section 906. Limitation on exclusive rights: reverse engineering; first
+sale
+
+(a) Notwithstanding the provisions of section 905, it is not an
+infringement of the exclusive rights of the owner of a mask work for-
+
+(1) a person to reproduce the mask work solely for the purpose of
+teaching, analyzing, or evaluating the concepts or techniques embodied
+in the mask work or the circuitry, logic flow, or organization of
+components used in the mask work; or
+
+(2) a person who performs the analysis or evaluation described in
+paragraph (1) to incorporate the results of such conduct in an original
+mask work which is made to be distributed.
+
+(b) Notwithstanding the provisions of section 905(2), the owner of a
+particular semiconductor chip product made by the owner of the mask
+work, or by any person authorized by the owner of the mask work, may
+import, distribute, or otherwise dispose of or use, but not reproduce,
+that particular semiconductor chip product without the authority of the
+owner of the mask work.
+
+
+Section 907. Limitation on exclusive rights: innocent infringement
+
+(a) Notwithstanding any other provision of this chapter, an innocent
+purchaser of an infringing semiconductor chip product-
+
+(1) shall incur no liability under this chapter with respect to the
+importation or distribution of units of the infringing semiconductor
+chip product that occurs before the innocent purchaser has notice of
+protection with respect to the mask work embodied in the semiconductor
+chip product; and
+
+(2) shall be liable only for a reasonable royalty on each unit of the
+infringing semiconductor chip product that the innocent purchaser
+imports or distributes after having notice of protection with respect to
+the mask work embodied in the semiconductor chip product.
+
+(b) The amount of the royalty referred to in subsection (a)(2) shall be
+determined by the court in a civil action for infringement unless the
+parties resolve the issue by voluntary negotiation, mediation, or
+binding arbitration.
+
+(c) The immunity of an innocent purchaser from liability referred to in
+subsection (a)(1) and the limitation of remedies with respect to an
+innocent purchaser referred to in subsection (a)(2) shall extend to any
+person who directly or indirectly purchases an infringing semiconductor
+chip product from an innocent purchaser.
+
+(d) The provisions of subsections (a), (b), and (c) apply only with
+respect to those units of an infringing semiconductor chip product that
+an innocent purchaser purchased before having notice of protection with
+respect to the mask work embodied in the semiconductor chip product.
+
+
+Section 908. Registration of claims of protection
+
+(a) The owner of a mask work may apply to the Register of Copyrights for
+registration of a claim of protection in a mask work. Protection of a
+mask work under this chapter shall terminate if application for
+registration of a claim of protection in the mask work is not made as
+provided in this chapter within two years after the date on which the
+mask work is first commercially exploited anywhere in the world.
+
+(b) The Register of Copyrights shall be responsible for all
+administrative functions and duties under this chapter. Except for
+section 708, the provisions of chapter 7 of this title relating to the
+general responsibilities, organization, regulatory authority, actions,
+records, and publications of the Copyright Office shall apply to this
+chapter, except that the Register of Copyrights may make such changes as
+may be necessary in applying those provisions to this chapter.
+
+(c) The application for registration of a mask work shall be made on a
+form prescribed by the Register of Copyrights. Such form may require any
+information regarded by the Register as bearing upon the preparation or
+identification of the mask work, the existence or duration of protection
+of the mask work under this chapter, or ownership of the mask work. The
+application shall be accompanied by the fee set pursuant to subsection
+(d) and the identifying material specified pursuant to such subsection.
+
+(d) The Register of Copyrights shall by regulation set reasonable fees
+for the filing of applications to register claims of protection in mask
+works under this chapter, and for other services relating to the
+administration of this chapter or the rights under this chapter, taking
+into consideration the cost of providing those services, the benefits of
+a public record, and statutory fee schedules under this title. The
+Register shall also specify the identifying material to be deposited in
+connection with the claim for registration.
+
+(e) If the Register of Copyrights, after examining an application for
+registration, determines, in accordance with the provisions of this
+chapter, that the application relates to a mask work which is entitled
+to protection under this chapter, then the Register shall register the
+claim of protection and issue to the applicant a certificate of
+registration of the claim of protection under the seal of the Copyright
+Office. The effective date of registration of a claim of protection
+shall be the date on which an application, deposit of identifying
+material, and fee, which are determined by the Register of Copyrights or
+by a court of competent jurisdiction to be acceptable for registration
+of the claim, have all been received in the Copyright Office.
+
+(f) In any action for infringement under this chapter, the certificate
+of registration of a mask work shall constitute prima facie evidence (1)
+of the facts stated in the certificate, and (2) that the applicant
+issued the certificate has met the requirements of this chapter, and the
+regulations issued under this chapter, with respect to the registration
+of claims.
+
+(g) Any applicant for registration under this section who is
+dissatisfied with the refusal of the Register of Copyrights to issue a
+certificate of registration under this section may seek judicial review
+of that refusal by bringing an action for such review in an appropriate
+United States district court not later than sixty days after the
+refusal. The provisions of chapter 7 of title 5 shall apply to such
+judicial review. The failure of the Register of Copyrights to issue a
+certificate of registration within four months after an application for
+registration is filed shall be deemed to be a refusal to issue a
+certificate of registration for purposes of this subsection and section
+910(b)(2), except that, upon a showing of good cause, the district court
+may shorten such four-month period.
+
+
+Section 909. Mask work notice [4]
+
+(a) The owner of a mask work provided protection under this chapter may
+affix notice to the mask work, and to masks and semiconductor chip
+products embodying the mask work, in such manner and location as to give
+reasonable notice of such protection. The Register of Copyrights shall
+prescribe by regulation, as examples, specific methods of affixation and
+positions of notice for purposes of this section, but these
+specifications shall not be considered exhaustive. The affixation of
+such notice is not a condition of protection under this chapter, but
+shall constitute prima facie evidence of notice of protection.
+
+(b) The notice referred to in subsection (a) shall consist of-
+
+(1) the words "mask work", the symbol *M*, or the symbol [M in a circle]
+(the letter M in a circle); and
+
+(2) the name of the owner or owners of the mask work or an abbreviation
+by which the name is recognized or is generally known.
+
+
+Section 910. Enforcement of exclusive rights [5]
+
+(a) Except as otherwise provided in this chapter, any person who
+violates any of the exclusive rights of the owner of a mask work under
+this chapter, by conduct in or affecting commerce, shall be liable as an
+infringer of such rights. As used in this subsection, the term "any
+person" includes any State, any instrumentality of a State, and any
+officer or employee of a State or instrumentality of a State acting in
+his or her official capacity. Any State, and any such instrumentality,
+officer, or employee, shall be subject to the provisions of this chapter
+in the same manner and to the same extent as any nongovernmental entity.
+
+(b)(1) The owner of a mask work protected under this chapter, or the
+exclusive licensee of all rights under this chapter with respect to the
+mask work, shall, after a certificate of registration of a claim of
+protection in that mask work has been issued under section 908, be
+entitled to institute a civil action for any infringement with respect
+to the mask work which is committed after the commencement of protection
+of the mask work under section 904(a).
+
+(2) In any case in which an application for registration of a claim of
+protection in a mask work and the required deposit of identifying
+material and fee have been received in the Copyright Office in proper
+form and registration of the mask work has been refused, the applicant
+is entitled to institute a civil action for infringement under this
+chapter with respect to the mask work if notice of the action, together
+with a copy of the complaint, is served on the Register of Copyrights,
+in accordance with the Federal Rules of Civil Procedure. The Register
+may, at his or her option, become a party to the action with respect to
+the issue of whether the claim of protection is eligible for
+registration by entering an appearance within sixty days after such
+service, but the failure of the Register to become a party to the action
+shall not deprive the court of jurisdiction to determine that issue.
+
+(c)(1) The Secretary of the Treasury and the United States Postal
+Service shall separately or jointly issue regulations for the
+enforcement of the rights set forth in section 905 with respect to
+importation. These regulations may require, as a condition for the
+exclusion of articles from the United States, that the person seeking
+exclusion take any one or more of the following actions:
+
+(A) Obtain a court order enjoining, or an order of the International
+Trade Commission under section 337 of the Tariff Act of 1930 excluding,
+importation of the articles.
+
+(B) Furnish proof that the mask work involved is protected under this
+chapter and that the importation of the articles would infringe the
+rights in the mask work under this chapter.
+
+(C) Post a surety bond for any injury that may result if the detention
+or exclusion of the articles proves to be unjustified.
+
+(2) Articles imported in violation of the rights set forth in section
+905 are subject to seizure and forfeiture in the same manner as property
+imported in violation of the customs laws. Any such forfeited articles
+shall be destroyed as directed by the Secretary of the Treasury or the
+court, as the case may be, except that the articles may be returned to
+the country of export whenever it is shown to the satisfaction of the
+Secretary of the Treasury that the importer had no reasonable grounds
+for believing that his or her acts constituted a violation of the law.
+
+
+Section 911. Civil actions [6]
+
+(a) Any court having jurisdiction of a civil action arising under this
+chapter may grant temporary restraining orders, preliminary injunctions,
+and permanent injunctions on such terms as the court may deem reasonable
+to prevent or restrain infringement of the exclusive rights in a mask
+work under this chapter.
+
+(b) Upon finding an infringer liable, to a person entitled under section
+910(b)(1) to institute a civil action, for an infringement of any
+exclusive right under this chapter, the court shall award such person
+actual damages suffered by the person as a result of the infringement.
+The court shall also award such person the infringer's profits that are
+attributable to the infringement and are not taken into account in
+computing the award of actual damages. In establishing the infringer's
+profits, such person is required to present proof only of the
+infringer's gross revenue, and the infringer is required to prove his or
+her deductible expenses and the elements of profit attributable to
+factors other than the mask work.
+
+(c) At any time before final judgment is rendered, a person entitled to
+institute a civil action for infringement may elect, instead of actual
+damages and profits as provided by subsection (b), an award of statutory
+damages for all infringements involved in the action, with respect to
+any one mask work for which any one infringer is liable individually, or
+for which any two or more infringers are liable jointly and severally,
+in an amount not more than $250,000 as the court considers just.
+
+(d) An action for infringement under this chapter shall be barred unless
+the action is commenced within three years after the claim accrues.
+
+(e)(1) At any time while an action for infringement of the exclusive
+rights in a mask work under this chapter is pending, the court may order
+the impounding, on such terms as it may deem reasonable, of all
+semiconductor chip products, and any drawings, tapes, masks, or other
+products by means of which such products may be reproduced, that are
+claimed to have been made, imported, or used in violation of those
+exclusive rights. Insofar as practicable, applications for orders under
+this paragraph shall be heard and determined in the same manner as an
+application for a temporary restraining order or preliminary injunction.
+
+(2) As part of a final judgment or decree, the court may order the
+destruction or other disposition of any infringing semiconductor chip
+products, and any masks, tapes, or other articles by means of which such
+products may be reproduced.
+
+(f) In any civil action arising under this chapter, the court in its
+discretion may allow the recovery of full costs, including reasonable
+attorneys' fees, to the prevailing party.
+
+(g)(1) Any State, any instrumentality of a State, and any officer or
+employee of a State or instrumentality of a State acting in his or her
+official capacity, shall not be immune, under the Eleventh Amendment of
+the Constitution of the United States or under any other doctrine of
+sovereign immunity, from suit in Federal court by any person, including
+any governmental or nongovernmental entity, for a violation of any of
+the exclusive rights of the owner of a mask work under this chapter, or
+for any other violation under this chapter.
+
+(2) In a suit described in paragraph (1) for a violation described in
+that paragraph, remedies (including remedies both at law and in equity)
+are available for the violation to the same extent as such remedies are
+available for such a violation in a suit against any public or private
+entity other than a State, instrumentality of a State, or officer or
+employee of a State acting in his or her official capacity. Such
+remedies include actual damages and profits under subsection (b),
+statutory damages under subsection (c), impounding and disposition of
+infringing articles under subsection (e), and costs and attorney's fees
+under subsection (f).
+
+
+Section 912. Relation to other laws [7]
+
+(a) Nothing in this chapter shall affect any right or remedy held by any
+person under chapters 1 through 8 or 10 of this title, or under title
+35.
+
+(b) Except as provided in section 908(b) of this title, references to
+"this title" or "title 17" in chapters 1 through 8 or 10 of this title
+shall be deemed not to apply to this chapter.
+
+(c) The provisions of this chapter shall preempt the laws of any State
+to the extent those laws provide any rights or remedies with respect to
+a mask work which are equivalent to those rights or remedies provided by
+this chapter, except that such preemption shall be effective only with
+respect to actions filed on or after January 1, 1986.
+
+(d) Notwithstanding subsection (c), nothing in this chapter shall
+detract from any rights of a mask work owner, whether under Federal law
+(exclusive of this chapter) or under the common law or the statutes of a
+State, heretofore or hereafter declared or enacted, with respect to any
+mask work first commercially exploited before July 1, 1983.
+
+
+Section 913. Transitional provisions
+
+(a) No application for registration under section 908 may be filed, and
+no civil action under section 910 or other enforcement proceeding under
+this chapter may be instituted, until sixty days after the date of the
+enactment of this chapter.
+
+(b) No monetary relief under section 911 may be granted with respect to
+any conduct that occurred before the date of the enactment of this
+chapter, except as provided in subsection (d).
+
+(c) Subject to subsection (a), the provisions of this chapter apply to
+all mask works that are first commercially exploited or are registered
+under this chapter, or both, on or after the date of the enactment of
+this chapter.
+
+(d)(1) Subject to subsection (a), protection is available under this
+chapter to any mask work that was first commercially exploited on or
+after July 1, 1983, and before the date of the enactment of this
+chapter, if a claim of protection in the mask work is registered in the
+Copyright Office before July 1, 1985, under section 908.
+
+(2) In the case of any mask work described in paragraph (1) that is
+provided protection under this chapter, infringing semiconductor chip
+product units manufactured before the date of the enactment of this
+chapter may, without liability under sections 910 and 911, be imported
+into or distributed in the United States, or both, until two years after
+the date of registration of the mask work under section 908, but only if
+the importer or distributor, as the case may be, first pays or offers to
+pay the reasonable royalty referred to in section 907(a)(2) to the mask
+work owner, on all such units imported or distributed, or both, after
+the date of the enactment of this chapter.
+
+(3) In the event that a person imports or distributes infringing
+semiconductor chip product units described in paragraph (2) of this
+subsection without first paying or offering to pay the reasonable
+royalty specified in such paragraph, or if the person refuses or fails
+to make such payment, the mask work owner shall be entitled to the
+relief provided in sections 910 and 911.
+
+
+Section 914. International transitional provisions [8]
+
+(a) Notwithstanding the conditions set forth in subparagraphs (A) and
+(C) of section 902(a)(1) with respect to the availability of protection
+under this chapter to nationals, domiciliaries, and sovereign
+authorities of a foreign nation, the Secretary of Commerce may, upon the
+petition of any person, or upon the Secretary's own motion, issue an
+order extending protection under this chapter to such foreign nationals,
+domiciliaries, and sovereign authorities if the Secretary finds-
+
+(1) that the foreign nation is making good faith efforts and reasonable
+progress toward-
+
+(A) entering into a treaty described in section 902(a)(1)(A); or
+
+(B) enacting or implementing legislation that would be in compliance
+with subparagraph (A) or (B) of section 902(a)(2); and
+
+(2) that the nationals, domiciliaries, and sovereign authorities of the
+foreign nation, and persons controlled by them, are not engaged in the
+misappropriation, or unauthorized distribution or commercial
+exploitation, of mask works; and
+
+(3) that issuing the order would promote the purposes of this chapter
+and international comity with respect to the protection of mask works.
+
+(b) While an order under subsection (a) is in effect with respect to a
+foreign nation, no application for registration of a claim for
+protection in a mask work under this chapter may be denied solely
+because the owner of the mask work is a national, domiciliary, or
+sovereign authority of that foreign nation, or solely because the mask
+work was first commercially exploited in that foreign nation.
+
+(c) Any order issued by the Secretary of Commerce under subsection (a)
+shall be effective for such a period as the Secretary designates in the
+order, except that no such order may be effective after that date on
+which the authority of the Secretary of Commerce terminates under
+subsection (e). The effective date of any such order shall also be
+designated in the order. In the case of an order issued upon the
+petition of a person, such effective date may be no earlier than the
+date on which the Secretary receives such petition.
+
+(d)(1) Any order issued under this section shall terminate if-
+
+(A) the Secretary of Commerce finds that any of the conditions set forth
+in paragraphs (1), (2), and (3) of subsection (a) no longer exist; or
+
+(B) mask works of nationals, domiciliaries, and sovereign authorities of
+that foreign nation or mask works first commercially exploited in that
+foreign nation become eligible for protection under subparagraph (A) or
+(C) of section 902(a)(1).
+
+(2) Upon the termination or expiration of an order issued under this
+section, registrations of claims of protection in mask works made
+pursuant to that order shall remain valid for the period specified in
+section 904.
+
+(e) The authority of the Secretary of Commerce under this section shall
+commence on the date of the enactment of this chapter, and shall
+terminate on July 1, 1995.
+
+(f) (1) The Secretary of Commerce shall promptly notify the Register of
+Copyrights and the Committees on the Judiciary of the Senate and the
+House of Representatives of the issuance or termination of any order
+under this section, together with a statement of the reasons for such
+action. The Secretary shall also publish such notification and statement
+of reasons in the Federal Register.
+
+(2) Two years after the date of the enactment of this chapter, the
+Secretary of Commerce, in consultation with the Register of Copyrights,
+shall transmit to the Committees on the Judiciary of the Senate and the
+House of Representatives a report on the actions taken under this
+section and on the current status of international recognition of mask
+work protection. The report shall include such recommendation for
+modifications of the protection accorded under this chapter to mask
+works owned by nationals, domiciliaries, or sovereign authorities of
+foreign nations as the Secretary, in consultation with the Register of
+Copyrights, considers would promote the purposes of this chapter and
+international comity with respect to mask work protection. Not later
+than July 1, 1994, the Secretary of Commerce, in consultation with the
+Register of Copyrights, shall transmit to the Committees on the
+Judiciary of the Senate and the House of Representatives a report
+updating the matters contained in the report transmitted under the
+preceding sentence.
+
+------------------
+Chapter 9 Endnotes
+
+1  In 1984, the Semiconductor Chip Protection Act amended title 17 of
+the *United States Code *to add a new chapter 9 entitled "Protection of
+Semiconductor Chip Products." Pub. L. No. 98-620, 98 Stat. 3347.
+
+2  In 1997, the heading for section 903 in the table of sections was
+amended by adding ", transfer, licensure, and recordation" at the end
+thereof, in lieu of "and transfer." Pub. L. No. 105-80, 111 Stat. 1529,
+1535.
+
+3  In 1987, section 902 was amended by adding the last sentence in
+subsection (a)(2). Pub. L. No. 100-159, 101 Stat. 899, 900.
+
+4  In 1997, section 909 was amended by correcting misspellings in
+subsection (b)(1). Pub. L. No. 105-80, 111 Stat. 1529, 1535.
+
+5  In 1990, the Copyright Remedy Clarification Act amended section 910
+by adding the last two sentences to subsection (a). Pub. L. No. 101-553,
+104 Stat. 2749, 2750. In 1997, a technical correction amended section
+910(a) by capitalizing the first word of the second sentence. Pub. L.
+No. 105-80, 111 Stat. 1529 1535.
+
+6  In 1990, the Copyright Remedy Clarification Act amended section 911
+by adding subsection (g). Pub. L. No. 101-553, 104 Stat. 2749, 2750.
+
+7  In 1988, the Judicial Improvements and Access to Justice Act amended
+section 912 by deleting subsection (d) and redesignating subsection (e)
+as subsection (d). Pub. L. No. 100-702, 102 Stat. 4642, 4672. The Audio
+Home Recording Act of 1992 amended section 912 by inserting "or 10"
+after "8" in subsections (a) and (b). Pub. L. No. 102-563, 106 Stat.
+4237, 4248.
+
+8  In 1987, section 914 was amended in subsection (e) by inserting "on
+July 1, 1991" in lieu of "three years after such date of enactment" and
+by adding the last sentence to subsection (f)(2). Pub. L. No. 100-159,
+101 Stat. 899. The Semiconductor International Protection Extension Act
+of 1991 amended section 914 by inserting "or implementing" after
+"enacting" in the first sentence of subsection (a)(1)(B), by changing
+the date in subsection (e) to "July 1, 1995" and by changing the date in
+the last sentence of subsection (f)(2) to "July 1, 1994." Pub. L. No.
+102-64, 105 Stat. 320.
+
+On July 1, 1995, section 914 expired as required by subsection (e). It
+was rendered largely unnecessary upon the entry into force on January 1,
+1995, of the Agreement on Trade-Related Aspects of Intellectual Property
+Rights (TRIPs)(Annex 1C to the World Trade Organization (WTO)
+Agreement). Part II, section 6 of TRIPs protects semiconductor chip
+products and was the basis for Presidential Proclamation No. 6780, March
+23, 1995, under section 902(a)(2) extending protection to all present
+and future WTO members (34 countries as of February 10, 1999), as of
+January 1, 1996. See Part IV of the Appendix.
+
+For a discussion of Congressional findings regarding extending
+protection to semiconductor chip products of foreign entities, see Pub.
+L. No. 100-159, 101 Stat. 899, and the Semiconductor International
+Protection Extension Act of 1991, Pub. L. No. 102-64, 105 Stat. 320.5
+
+------------------------------------------------------------------------
+
+Chapter 10 [1]
+
+Digital Audio Recording Devices and Media
+
+  + Subchapter A--Definitions
+    + 1001. Definitions
+  + Subchapter B--Copying Controls
+    + 1002. Incorporation of copying controls
+  + Subchapter C--Royalty Payments
+    + 1003. Obligation to make royalty payments
+    + 1004. Royalty payments
+    + 1005. Deposit of royalty payments and deduction of expenses
+    + 1006. Entitlement to royalty payments
+    + 1007. Procedures for distributing royalty payments
+  + Subchapter D--Prohibition on Certain Infringement Actions, Remedies,
+    and Arbitration
+    + 1008. Prohibition on certain infringement actions
+    + 1009. Civil remedies
+    + 1010. Arbitration of certain disputes
+
+
+Subchapter A  Definitions
+
+
+Section 1001. Definitions
+
+As used in this chapter, the following terms have the following
+meanings:
+
+(1) A "digital audio copied recording" is a reproduction in a digital
+recording format of a digital musical recording, whether that
+reproduction is made directly from another digital musical recording or
+indirectly from a transmission.
+
+(2) A "digital audio interface device" is any machine or device that is
+designed specifically to communicate digital audio information and
+related interface data to a digital audio recording device through a
+nonprofessional interface.
+
+(3) A "digital audio recording device" is any machine or device of a
+type commonly distributed to individuals for use by individuals, whether
+or not included with or as part of some other machine or device, the
+digital recording function of which is designed or marketed for the
+primary purpose of, and that is capable of, making a digital audio
+copied recording for private use, except for-
+
+(A) professional model products, and
+
+(B) dictation machines, answering machines, and other audio recording
+equipment that is designed and marketed primarily for the creation of
+sound recordings resulting from the fixation of nonmusical sounds.
+
+(4)(A) A "digital audio recording medium" is any material object in a
+form commonly distributed for use by individuals, that is primarily
+marketed or most commonly used by consumers for the purpose of making
+digital audio copied recordings by use of a digital audio recording
+device.
+
+(B) Such term does not include any material object-
+
+(i) that embodies a sound recording at the time it is first distributed
+by the importer or manufacturer; or
+
+(ii) that is primarily marketed and most commonly used by consumers
+either for the purpose of making copies of motion pictures or other
+audiovisual works or for the purpose of making copies of nonmusical
+literary works, including computer programs or data bases.
+
+(5)(A) A "digital musical recording" is a material object-
+
+(i) in which are fixed, in a digital recording format, only sounds, and
+material, statements, or instructions incidental to those fixed sounds,
+if any, and
+
+(ii) from which the sounds and material can be perceived, reproduced, or
+otherwise communicated, either directly or with the aid of a machine or
+device.
+
+(B) A "digital musical recording" does not include a material object-
+
+(i) in which the fixed sounds consist entirely of spoken word
+recordings, or
+
+(ii) in which one or more computer programs are fixed, except that a
+digital musical recording may contain statements or instructions
+constituting the fixed sounds and incidental material, and statements or
+instructions to be used directly or indirectly in order to bring about
+the perception, reproduction, or communication of the fixed sounds and
+incidental material.
+
+(C) For purposes of this paragraph-
+
+(i) a "spoken word recording" is a sound recording in which are fixed
+only a series of spoken words, except that the spoken words may be
+accompanied by incidental musical or other sounds, and
+
+(ii) the term "incidental" means related to and relatively minor by
+comparison.
+
+(6) "Distribute" means to sell, lease, or assign a product to consumers
+in the United States, or to sell, lease, or assign a product in the
+United States for ultimate transfer to consumers in the United States.
+
+(7) An "interested copyright party" is-
+
+(A) the owner of the exclusive right under section 106(1) of this title
+to reproduce a sound recording of a musical work that has been embodied
+in a digital musical recording or analog musical recording lawfully made
+under this title that has been distributed;
+
+(B) the legal or beneficial owner of, or the person that controls, the
+right to reproduce in a digital musical recording or analog musical
+recording a musical work that has been embodied in a digital musical
+recording or analog musical recording lawfully made under this title
+that has been distributed;
+
+(C) a featured recording artist who performs on a sound recording that
+has been distributed; or
+
+(D) any association or other organization-
+
+(i) representing persons specified in subparagraph (A), (B), or (C), or
+
+(ii) engaged in licensing rights in musical works to music users on
+behalf of writers and publishers.
+
+(8) To "manufacture" means to produce or assemble a product in the
+United States. A "manufacturer" is a person who manufactures.
+
+(9) A "music publisher" is a person that is authorized to license the
+reproduction of a particular musical work in a sound recording.
+
+(10) A "professional model product" is an audio recording device that is
+designed, manufactured, marketed, and intended for use by recording
+professionals in the ordinary course of a lawful business, in accordance
+with such requirements as the Secretary of Commerce shall establish by
+regulation.
+
+(11) The term "serial copying" means the duplication in a digital format
+of a copyrighted musical work or sound recording from a digital
+reproduction of a digital musical recording. The term "digital
+reproduction of a digital musical recording" does not include a digital
+musical recording as distributed, by authority of the copyright owner,
+for ultimate sale to consumers.
+
+(12) The "transfer price" of a digital audio recording device or a
+digital audio recording medium-
+
+(A) is, subject to subparagraph (B)-
+
+(i) in the case of an imported product, the actual entered value at
+United States Customs (exclusive of any freight, insurance, and
+applicable duty), and
+
+(ii) in the case of a domestic product, the manufacturer's transfer
+price (FOB the manufacturer, and exclusive of any direct sales taxes or
+excise taxes incurred in connection with the sale); and
+
+(B) shall, in a case in which the transferor and transferee are related
+entities or within a single entity, not be less than a reasonable arms-
+length price under the principles of the regulations adopted pursuant to
+section 482 of the Internal Revenue Code of 1986, or any successor
+provision to such section.
+
+(13) A "writer" is the composer or lyricist of a particular musical
+work.
+
+
+
+Subchapter B-Copying Controls
+
+
+Section 1002. Incorporation of copying controls
+
+(a) Prohibition on Importation, Manufacture, and Distribution.  No person
+shall import, manufacture, or distribute any digital audio recording
+device or digital audio interface device that does not conform to-
+
+(1) the Serial Copy Management System;
+
+(2) a system that has the same functional characteristics as the Serial
+Copy Management System and requires that copyright and generation status
+information be accurately sent, received, and acted upon between devices
+using the system's method of serial copying regulation and devices using
+the Serial Copy Management System; or
+
+(3) any other system certified by the Secretary of Commerce as
+prohibiting unauthorized serial copying.
+
+(b) Development of Verification Procedure.  The Secretary of Commerce
+shall establish a procedure to verify, upon the petition of an
+interested party, that a system meets the standards set forth in
+subsection (a)(2).
+
+(c) Prohibition on Circumvention of the System.  No person shall import,
+manufacture, or distribute any device, or offer or perform any service,
+the primary purpose or effect of which is to avoid, bypass, remove,
+deactivate, or otherwise circumvent any program or circuit which
+implements, in whole or in part, a system described in subsection (a).
+
+(d) Encoding of Information on Digital Musical Recordings.
+
+(1) Prohibition on encoding inaccurate information.  No person shall
+encode a digital musical recording of a sound recording with inaccurate
+information relating to the category code, copyright status, or
+generation status of the source material for the recording.
+
+(2) Encoding of copyright status not required.  Nothing in this chapter
+requires any person engaged in the importation or manufacture of digital
+musical recordings to encode any such digital musical recording with
+respect to its copyright status.
+
+(e) Information Accompanying Transmission in Digital Format.  Any person
+who transmits or otherwise communicates to the public any sound
+recording in digital format is not required under this chapter to
+transmit or otherwise communicate the information relating to the
+copyright status of the sound recording. Any such person who does
+transmit or otherwise communicate such copyright status information
+shall transmit or communicate such information accurately.
+
+
+
+Subchapter C  Royalty Payments
+
+
+Section 1003. Obligation to make royalty payments
+
+(a) Prohibition on Importation and Manufacture.  No person shall import
+into and distribute, or manufacture and distribute, any digital audio
+recording device or digital audio recording medium unless such person
+records the notice specified by this section and subsequently deposits
+the statements of account and applicable royalty payments for such
+device or medium specified in section 1004.
+
+(b) Filing of Notice.  The importer or manufacturer of any digital audio
+recording device or digital audio recording medium, within a product
+category or utilizing a technology with respect to which such
+manufacturer or importer has not previously filed a notice under this
+subsection, shall file with the Register of Copyrights a notice with
+respect to such device or medium, in such form and content as the
+Register shall prescribe by regulation.
+
+(c) Filing of Quarterly and Annual Statements of Account.
+
+(1) Generally.  Any importer or manufacturer that distributes any digital
+audio recording device or digital audio recording medium that it
+manufactured or imported shall file with the Register of Copyrights, in
+such form and content as the Register shall prescribe by -regulation,
+such quarterly and annual statements of account with respect to such
+distribution as the Register shall prescribe by regulation.
+
+(2) Certification, verification, and confidentiality.  Each such
+statement shall be certified as accurate by an authorized officer or
+principal of the importer or manufacturer. The Register shall issue
+regulations to provide for the verification and audit of such statements
+and to protect the confidentiality of the information contained in such
+statements. Such regulations shall provide for the disclosure, in
+confidence, of such statements to interested copyright parties.
+
+(3) Royalty Payments.  Each such statement shall be accompanied by the
+royalty payments specified in section 1004.
+
+
+Section 1004. Royalty payments [2]
+
+(a) Digital Audio Recording Devices.
+
+(1) Amount of payment.  The royalty payment due under section 1003 for
+each digital audio recording device imported into and distributed in the
+United States, or manufactured and distributed in the United States,
+shall be 2 percent of the transfer price. Only the first person to
+manufacture and distribute or import and distribute such device shall be
+required to pay the royalty with respect to such device.
+
+(2) Calculation for devices distributed with other devices.  With respect
+to a digital audio recording device first distributed in combination
+with one or more devices, either as a physically integrated unit or as
+separate components, the royalty payment shall be calculated as follows:
+
+(A) If the digital audio recording device and such other devices are
+part of a physically integrated unit, the royalty payment shall be based
+on the transfer price of the unit, but shall be reduced by any royalty
+payment made on any digital audio recording device included within the
+unit that was not first distributed in combination with the unit.
+
+(B) If the digital audio recording device is not part of a physically
+integrated unit and substantially similar devices have been distributed
+separately at any time during the preceding 4 calendar quarters, the
+royalty payment shall be based on the average transfer price of such
+devices during those 4 quarters.
+
+(C) If the digital audio recording device is not part of a physically
+integrated unit and substantially similar devices have not been
+distributed separately at any time during the preceding 4 calendar
+quarters, the royalty payment shall be based on a constructed price
+reflecting the proportional value of such device to the combination as a
+whole.
+
+(3) Limits on royalties.  Notwithstanding paragraph (1) or (2), the
+amount of the royalty payment for each digital audio recording device
+shall not be less than $1 nor more than the royalty maximum. The royalty
+maximum shall be $8 per device, except that in the case of a physically
+integrated unit containing more than 1 digital audio recording device,
+the royalty maximum for such unit shall be $12. During the 6th year
+after the effective date of this chapter, and not more than once each
+year thereafter, any interested copyright party may petition the
+Librarian of Congress to increase the royalty maximum and, if more than
+20 percent of the royalty payments are at the relevant royalty maximum,
+the Librarian of Congress shall prospectively increase such royalty
+maximum with the goal of having no more than 10 percent of such payments
+at the new royalty maximum; however the amount of any such increase as a
+percentage of the royalty maximum shall in no event exceed the
+percentage increase in the Consumer Price Index during the period under
+review.
+
+(b) Digital Audio Recording Media.  The royalty payment due under section
+1003 for each digital audio recording medium imported into and
+distributed in the United States, or manufactured and distributed in the
+United States, shall be 3 percent of the transfer price. Only the first
+person to manufacture and distribute or import and distribute such
+medium shall be required to pay the royalty with respect to such medium.
+
+
+Section 1005. Deposit of royalty payments and deduction of expenses [3]
+
+The Register of Copyrights shall receive all royalty payments deposited
+under this chapter and, after deducting the reasonable costs incurred by
+the Copyright Office under this chapter, shall deposit the balance in
+the Treasury of the United States as offsetting receipts, in such manner
+as the Secretary of the Treasury directs. All funds held by the
+Secretary of the Treasury shall be invested in interest-bearing United
+States securities for later distribution with interest under section
+1007. The Register may, in the Register's discretion, 4 years after the
+close of any calendar year, close out the royalty payments account for
+that calendar year, and may treat any funds remaining in such account
+and any subsequent deposits that would otherwise be attributable to that
+calendar year as attributable to the succeeding calendar year.
+
+
+Section 1006. Entitlement to royalty payments [4]
+
+(a) Interested Copyright Parties.  The royalty payments deposited
+pursuant to section 1005 shall, in accordance with the procedures
+specified in section 1007, be distributed to any interested copyright
+party-
+
+(1) whose musical work or sound recording has been-
+
+(A) embodied in a digital musical recording or an analog musical
+recording lawfully made under this title that has been distributed, and
+
+(B) distributed in the form of digital musical recordings or analog
+musical recordings or disseminated to the public in transmissions,
+during the period to which such payments pertain; and
+
+(2) who has filed a claim under section 1007.
+
+(b) Allocation of Royalty Payments to Groups.  The royalty payments shall
+be divided into 2 funds as follows:
+
+(1) The sound recordings fund.  66 2/3 percent of the royalty payments
+shall be allocated to the Sound Recordings Fund. 2 5/8 percent of the
+royalty payments allocated to the Sound Recordings Fund shall be placed
+in an escrow account managed by an independent administrator jointly
+appointed by the interested copyright parties described in section
+1001(7)(A) and the American Federation of Musicians (or any successor
+entity) to be distributed to nonfeatured musicians (whether or not
+members of the American Federation of Musicians or any successor entity)
+who have performed on sound recordings distributed in the United States.
+1 3/8 percent of the royalty payments allocated to the Sound Recordings
+Fund shall be placed in an escrow account managed by an independent
+administrator jointly appointed by the interested copyright parties
+described in section 1001(7)(A) and the American Federation of
+Television and Radio Artists (or any successor entity) to be distributed
+to nonfeatured vocalists (whether or not members of the American
+Federation of Television and Radio Artists or any successor entity) who
+have performed on sound recordings distributed in the United States. 40
+percent of the remaining royalty payments in the Sound Recordings Fund
+shall be distributed to the interested copyright parties described in
+section 1001(7)(C), and 60 percent of such remaining royalty payments
+shall be distributed to the interested copyright parties described in
+section 1001(7)(A).
+
+(2) The musical works fund.
+
+(A) 33 1/3 percent of the royalty payments shall be allocated to the
+Musical Works Fund for distribution to interested copyright parties
+described in section 1001(7)(B).
+
+(B)(i) Music publishers shall be entitled to 50 percent of the royalty
+payments allocated to the Musical Works Fund.
+
+(ii) Writers shall be entitled to the other 50 percent of the royalty
+payments allocated to the Musical Works Fund.
+
+(c) Allocation of Royalty Payments Within Groups.  If all interested
+copyright parties within a group specified in subsection (b) do not
+agree on a voluntary proposal for the distribution of the royalty
+payments within each group, the Librarian of Congress shall convene a
+copyright arbitration royalty panel which shall, pursuant to the
+procedures specified under section 1007(c), allocate royalty payments
+under this section based on the extent to which, during the relevant
+period-
+
+(1) for the Sound Recordings Fund, each sound recording was distributed
+in the form of digital musical recordings or analog musical recordings;
+and
+
+(2) for the Musical Works Fund, each musical work was distributed in the
+form of digital musical recordings or analog musical recordings or
+disseminated to the public in transmissions.
+
+
+Section 1007. Procedures for distributing royalty payments [5]
+
+(a) Filing of Claims and Negotiations.
+
+(1) Filing of claims.  During the first 2 months of each calendar year
+after calendar year 1992, every interested copyright party seeking to
+receive royalty payments to which such party is entitled under section
+1006 shall file with the Librarian of Congress a claim for payments
+collected during the preceding year in such form and manner as the
+Librarian of Congress shall prescribe by regulation.
+
+(2) Negotiations.  Notwithstanding any provision of the antitrust laws,
+for purposes of this section interested copyright parties within each
+group specified in section 1006(b) may agree among themselves to the
+proportionate division of royalty payments, may lump their claims
+together and file them jointly or as a single claim, or may designate a
+common agent, including any organization described in section 1001(7)
+(D), to negotiate or receive payment on their behalf; except that no
+agreement under this subsection may modify the allocation of royalties
+specified in section 1006(b).
+
+(b) Distribution of Payments in the Absence of a Dispute.  After the
+period established for the filing of claims under subsection (a), in
+each year after 1992, the Librarian of Congress shall determine whether
+there exists a controversy concerning the distribution of royalty
+payments under section 1006(c). If the Librarian of Congress determines
+that no such controversy exists, the Librarian of Congress shall, within
+30 days after such determination, authorize the distribution of the
+royalty payments as set forth in the agreements regarding the
+distribution of royalty payments entered into pursuant to subsection
+(a), after deducting its reasonable administrative costs under this
+section.
+
+(c) Resolution of Disputes.  If the Librarian of Congress finds the
+existence of a controversy, the Librarian shall, pursuant to chapter 8
+of this title, convene a copyright arbitration royalty panel to
+determine the distribution of royalty payments. During the pendency of
+such a proceeding, the Librarian of Congress shall withhold from
+distribution an amount sufficient to satisfy all claims with respect to
+which a controversy exists, but shall, to the extent feasible, authorize
+the distribution of any amounts that are not in controversy. The
+Librarian of Congress shall, before authorizing the distribution of such
+royalty payments, deduct the reasonable administrative costs incurred by
+the Librarian under this section.
+
+
+
+Subchapter D - Prohibition on Certain Infringement Actions, Remedies,
+and Arbitration
+
+
+Section 1008. Prohibition on certain infringement actions
+
+No action may be brought under this title alleging infringement of
+copyright based on the manufacture, importation, or distribution of a
+digital audio recording device, a digital audio recording medium, an
+analog recording device, or an analog recording medium, or based on the
+noncommercial use by a consumer of such a device or medium for making
+digital musical recordings or analog musical recordings.
+
+
+Section 1009. Civil remedies
+
+(a) Civil Actions.  Any interested copyright party injured by a violation
+of section 1002 or 1003 may bring a civil action in an appropriate
+United States district court against any person for such violation.
+
+(b) Other Civil Actions.  Any person injured by a violation of this
+chapter may bring a civil action in an appropriate United States
+district court for actual damages incurred as a result of such
+violation.
+
+(c) Powers of the Court.  In an action brought under subsection (a), the
+court-
+
+(1) may grant temporary and permanent injunctions on such terms as it
+deems reasonable to prevent or restrain such violation;
+
+(2) in the case of a violation of section 1002, or in the case of an
+injury resulting from a failure to make royalty payments required by
+section 1003, shall award damages under subsection (d);
+
+(3) in its discretion may allow the recovery of costs by or against any
+party other than the United States or an officer thereof; and
+
+(4) in its discretion may award a reasonable attorney's fee to the
+prevailing party.
+
+(d) Award of Damages.
+
+(1) Damages for section 1002 or 1003 violations.
+
+(A) Actual damages.
+
+(i) In an action brought under subsection (a), if the court finds that a
+violation of section 1002 or 1003 has occurred, the court shall award to
+the complaining party its actual damages if the complaining party elects
+such damages at any time before final judgment is entered.
+
+(ii) In the case of section 1003, actual damages shall constitute the
+royalty payments that should have been paid under section 1004 and
+deposited under section 1005. In such a case, the court, in its
+discretion, may award an additional amount of not to exceed 50 percent
+of the actual damages.
+
+(B) Statutory damages for section 1002 violations.
+
+(i) Device.  A complaining party may recover an award of statutory
+damages for each violation of section 1002(a) or (c) in the sum of not
+more than $2,500 per device involved in such violation or per device on
+which a service prohibited by section 1002(c) has been performed, as the
+court considers just.
+
+(ii) Digital musical recording.  A complaining party may recover an award
+of statutory damages for each violation of section 1002(d) in the sum of
+not more than $25 per digital musical recording involved in such
+violation, as the court considers just.
+
+(iii) Transmission.  A complaining party may recover an award of damages
+for each transmission or communication that violates section 1002(e) in
+the sum of not more than $10,000, as the court considers just.
+
+(2) Repeated violations.  In any case in which the court finds that a
+person has violated section 1002 or 1003 within 3 years after a final
+judgment against that person for another such violation was entered, the
+court may increase the award of damages to not more than double the
+amounts that would otherwise be awarded under paragraph (1), as the
+court considers just.
+
+(3) Innocent violations of section 1002.  The court in its discretion may
+reduce the total award of damages against a person violating section
+1002 to a sum of not less than $250 in any case in which the court finds
+that the violator was not aware and had no reason to believe that its
+acts constituted a violation of section 1002.
+
+(e) Payment of Damages.  Any award of damages under subsection (d) shall
+be deposited with the Register pursuant to section 1005 for distribution
+to interested copyright parties as though such funds were royalty
+payments made pursuant to section 1003.
+
+(f) Impounding of Articles.  At any time while an action under subsection
+(a) is pending, the court may order the impounding, on such terms as it
+deems reasonable, of any digital audio recording device, digital musical
+recording, or device specified in section 1002(c) that is in the custody
+or control of the alleged violator and that the court has reasonable
+cause to believe does not comply with, or was involved in a violation
+of, section 1002.
+
+(g) Remedial Modification and Destruction of Articles.  In an action
+brought under subsection (a), the court may, as part of a final judgment
+or decree finding a violation of section 1002, order the remedial
+modification or the destruction of any digital audio recording device,
+digital musical recording, or device specified in section 1002(c) that-
+
+(1) does not comply with, or was involved in a violation of, section
+1002, and
+
+(2) is in the custody or control of the violator or has been impounded
+under subsection (f).
+
+
+Section 1010. Arbitration of certain disputes [6]
+
+(a) Scope of Arbitration.  Before the date of first distribution in the
+United States of a digital audio recording device or a digital audio
+interface device, any party manufacturing, importing, or distributing
+such device, and any interested copyright party may mutually agree to
+binding arbitration for the purpose of determining whether such device
+is subject to section 1002, or the basis on which royalty payments for
+such device are to be made under section 1003.
+
+(b) Initiation of Arbitration Proceedings.  Parties agreeing to such
+arbitration shall file a petition with the Librarian of Congress
+requesting the commencement of an arbitration proceeding. The petition
+may include the names and qualifications of potential arbitrators.
+Within 2 weeks after receiving such a petition, the Librarian of
+Congress shall cause notice to be published in the Federal Register of
+the initiation of an arbitration proceeding. Such notice shall include
+the names and qualifications of 3 arbitrators chosen by the Librarian of
+Congress from a list of available arbitrators obtained from the American
+Arbitration Association or such similar organization as the Librarian of
+Congress shall select, and from potential arbitrators listed in the
+parties' petition. The arbitrators selected under this subsection shall
+constitute an Arbitration Panel.
+
+(c) Stay of Judicial Proceedings.  Any civil action brought under section
+1009 against a party to arbitration under this section shall, on
+application of one of the parties to the arbitration, be stayed until
+completion of the arbitration proceeding.
+
+(d) Arbitration Proceeding.  The Arbitration Panel shall conduct an
+arbitration proceeding with respect to the matter concerned, in
+accordance with such procedures as it may adopt. The Panel shall act on
+the basis of a fully documented written record. Any party to the
+arbitration may submit relevant information and proposals to the Panel.
+The parties to the proceeding shall bear the entire cost thereof in such
+manner and proportion as the Panel shall direct.
+
+(e) Report to the Librarian of Congress.  Not later than 60 days after
+publication of the notice under subsection (b) of the initiation of an
+arbitration proceeding, the Arbitration Panel shall report to the
+Librarian of Congress its determination concerning whether the device
+concerned is subject to section 1002, or the basis on which royalty
+payments for the device are to be made under section 1003. Such report
+shall be accompanied by the written record, and shall set forth the
+facts that the Panel found relevant to its determination.
+
+(f) Action by the Librarian of Congress.  Within 60 days after receiving
+the report of the Arbitration Panel under subsection (e), the Librarian
+of Congress shall adopt or reject the determination of the Panel. The
+Librarian of Congress shall adopt the determination of the Panel unless
+the Librarian of Congress finds that the determination is clearly
+erroneous. If the Librarian of Congress rejects the determination of the
+Panel, the Librarian of Congress shall, before the end of that 60-day
+period, and after full examination of the record created in the
+arbitration proceeding, issue an order setting forth the Librarian's
+decision and the reasons therefor. The Librarian of Congress shall cause
+to be published in the Federal Register the determination of the Panel
+and the decision of the Librarian of Congress under this subsection with
+respect to the determination (including any order issued under the
+preceding sentence).
+
+(g) Judicial Review.  Any decision of the Librarian of Congress under
+subsection (f) with respect to a determination of the Arbitration Panel
+may be appealed, by a party to the arbitration, to the United States
+Court of Appeals for the District of Columbia Circuit, within 30 days
+after the publication of the decision in the Federal Register. The
+pendency of an appeal under this subsection shall not stay the decision
+of the Librarian of Congress. The court shall have jurisdiction to
+modify or vacate a decision of the Librarian of Congress only if it
+finds, on the basis of the record before the Librarian of Congress, that
+the Arbitration Panel or the Librarian of Congress acted in an arbitrary
+manner. If the court modifies the decision of the Librarian of Congress,
+the court shall have jurisdiction to enter its own decision in
+accordance with its final judgment. The court may further vacate the
+decision of the Librarian of Congress and remand the case for
+arbitration proceedings as provided in this section.
+
+-------------------
+Chapter 10 Endnotes
+
+1  The Audio Home Recording Act of 1992 added chapter 10, entitled
+"Digital Audio Recording Devices and Media," to title 17. Pub. L. No.
+102-563, 106 Stat. 4237.
+
+2  The Copyright Royalty Tribunal Reform Act of 1993 amended section
+1004(a)(3) by substituting "Librarian of Congress" in lieu of "Copyright
+Royalty Tribunal," where appropriate. Pub. L. No. 103-198, 107 Stat.
+2304, 2312.
+
+3  The Copyright Royalty Tribunal Reform Act of 1993 amended section
+1005 by striking the last sentence which began "The Register shall
+submit to the Copyright Royalty Tribunal." Pub. L. No. 103-198, 107
+Stat. 2304, 2312.
+
+4  The Copyright Royalty Tribunal Reform Act of 1993 amended section
+1006(c) by substituting "Librarian of Congress" in lieu of "Copyright
+Royalty Tribunal," where appropriate. Pub. L. No. 103-198, 107 Stat.
+2304, 2312. In 1997, section 1006(b)(1) was amended to insert
+"Federation of Television" in lieu of "Federation Television" wherever
+it appeared. Pub. L. No. 105-80, 111 Stat. 1529, 1535.
+
+5  The Copyright Royalty Tribunal Reform Act of 1993 amended section
+1007 by substituting "Librarian of Congress" in lieu of "Copyright
+Royalty Tribunal" or "Tribunal," where appropriate, by amending the
+first sentence in subsection (c) and by inserting "the reasonable
+administrative costs incurred by the Librarian" in the last sentence of
+subsection (c), in lieu of "its reasonable administrative costs." Pub.
+L. No. 103-198, 107 Stat. 2304, 2312.
+
+In 1997, section 1007 was amended, in subsection (a)(1), by inserting
+"calendar year 1992" in lieu of "the calendar year in which this chapter
+takes effect" and, in subsection (b), by inserting "1992" in lieu of
+"the year in which this section takes effect," and also in subsection
+(b), by inserting "After" in lieu of "Within 30 days after." Pub. L. No.
+105-80, 111 Stat. 1529, 1534 and 1535.
+
+6  The Copyright Royalty Tribunal Reform Act of 1993 amended section
+1010 by substituting "Librarian of Congress" in lieu of "Copyright
+Royalty Tribunal" or "Tribunal," where appropriate, and by inserting
+"Librarian's" in lieu of "its." Pub. L. No. 103-198, 107 Stat. 2304,
+2312. That Act, which established copyright arbitration royalty panels,
+states that "[a]ll royalty rates and all determinations with respect to
+the proportionate division of compulsory license fees among copyright
+claimants, whether made by the Copyright Royalty Tribunal, or by
+voluntary agreement, before the effective date set forth in subsection
+(a) [December 17, 1993] shall remain in effect until modified by
+voluntary agreement or pursuant to the amendments made by this Act."
+Pub. L. No. 103-198, 107 Stat. 2304, 2313.
+
+------------------------------------------------------------------------
+
+Chapter 11 [1]
+
+Sound Recordings and Music Videos
+
+  + 1101. Unauthorized fixation and trafficking in sound recordings and
+          music videos
+
+
+Section 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.
+
+------------------
+Chapter 11 Endnote
+
+1  In 1994, the Uruguay Round Agreements Act added chapter 11, entitled
+"Sound Recordings and Music Videos," to title 17. Pub. L. No. 103-465,
+108 Stat. 4809, 4974.
+
+------------------------------------------------------------------------
+
+Chapter 12 [1] Copyright Protection and Management Systems
+
+  + 1201. Circumvention of copyright protection systems
+  + 1202. Integrity of copyright management information
+  + 1203. Civil remedies
+  + 1204. Criminal offenses and penalties
+  + 1205. Savings clause
+
+
+Section 1201. Circumvention of copyright protection systems [2]
+
+(a) Violations Regarding Circumvention of Technological Measures.  (1)(A)
+No person shall circumvent a technological measure that effectively
+controls access to a work protected under this title. The prohibition
+contained in the preceding sentence shall take effect at the end of the
+2-year period beginning on the date of the enactment of this chapter.
+
+(B) The prohibition contained in subparagraph (A) shall not apply to
+persons who are users of a copyrighted work which is in a particular
+class of works, if such persons are, or are likely to be in the
+succeeding 3-year period, adversely affected by virtue of such
+prohibition in their ability to make noninfringing uses of that
+particular class of works under this title, as determined under
+subparagraph (C).
+
+(C) During the 2-year period described in subparagraph (A), and during
+each succeeding 3-year period, the Librarian of Congress, upon the
+recommendation of the Register of Copyrights, who shall consult with the
+Assistant Secretary for Communications and Information of the Department
+of Commerce and report and comment on his or her views in making such
+recommendation, shall make the determination in a rulemaking proceeding
+for purposes of subparagraph (B) of whether persons who are users of a
+copyrighted work are, or are likely to be in the succeeding 3-year
+period, adversely affected by the prohibition under subparagraph (A) in
+their ability to make noninfringing uses under this title of a
+particular class of copyrighted works. In conducting such rule-making,
+the Librarian shall examine-
+
+(i) the availability for use of copyrighted works;
+
+(ii) the availability for use of works for nonprofit archival,
+preservation, and educational purposes;
+
+(iii) the impact that the prohibition on the circumvention of
+technological measures applied to copyrighted works has on criticism,
+comment, news reporting, teaching, scholarship, or research;
+
+(iv) the effect of circumvention of technological measures on the market
+for or value of copyrighted works; and
+
+(v) such other factors as the Librarian considers appropriate.
+
+(D) The Librarian shall publish any class of copyrighted works for which
+the Librarian has determined, pursuant to the rulemaking conducted under
+subparagraph (C), that noninfringing uses by persons who are users of a
+copyrighted work are, or are likely to be, adversely affected, and the
+prohibition contained in subparagraph (A) shall not apply to such users
+with respect to such class of works for the ensuing 3-year period.
+
+(E) Neither the exception under subparagraph (B) from the applicability
+of the prohibition contained in subparagraph (A), nor any determination
+made in a rulemaking conducted under subparagraph (C), may be used as a
+defense in any action to enforce any provision of this title other than
+this paragraph.
+
+(2) No person shall manufacture, import, offer to the public, provide,
+or otherwise traffic in any technology, product, service, device,
+component, or part thereof, that-
+
+(A) is primarily designed or produced for the purpose of circumventing a
+technological measure that effectively controls access to a work
+protected under this title;
+
+(B) has only limited commercially significant purpose or use other than
+to circumvent a technological measure that effectively controls access
+to a work protected under this title; or
+
+(C) is marketed by that person or another acting in concert with that
+person with that person's knowledge for use in circumventing a
+technological measure that effectively controls access to a work
+protected under this title.
+
+(3) As used in this subsection-
+
+(A) to "circumvent a technological measure" means to descramble a
+scrambled work, to decrypt an encrypted work, or otherwise to avoid,
+bypass, remove, deactivate, or impair a technological measure, without
+the authority of the copyright owner; and
+
+(B) a technological measure "effectively controls access to a work" if
+the measure, in the ordinary course of its operation, requires the
+application of information, or a process or a treatment, with the
+authority of the copyright owner, to gain access to the work.
+
+(b) Additional Violations.  (1) No person shall manufacture, import,
+offer to the public, provide, or otherwise traffic in any technology,
+product, service, device, component, or part thereof, that-
+
+(A) is primarily designed or produced for the purpose of circumventing
+protection afforded by a technological measure that effectively protects
+a right of a copyright owner under this title in a work or a portion
+thereof;
+
+(B) has only limited commercially significant purpose or use other than
+to circumvent protection afforded by a technological measure that
+effectively protects a right of a copyright owner under this title in a
+work or a portion thereof; or
+
+(C) is marketed by that person or another acting in concert with that
+person with that person's knowledge for use in circumventing protection
+afforded by a technological measure that effectively protects a right of
+a copyright owner under this title in a work or a portion thereof.
+
+(2) As used in this subsection-
+
+(A) to "circumvent protection afforded by a technological measure" means
+avoiding, bypassing, removing, deactivating, or otherwise impairing a
+technological measure; and
+
+(B) a technological measure "effectively protects a right of a copyright
+owner under this title" if the measure, in the ordinary course of its
+operation, prevents, restricts, or otherwise limits the exercise of a
+right of a copyright owner under this title.
+
+(c) Other Rights, Etc., Not Affected.  (1) Nothing in this section shall
+affect rights, remedies, limitations, or defenses to copyright
+infringement, including fair use, under this title.
+
+(2) Nothing in this section shall enlarge or diminish vicarious or
+contributory liability for copyright infringement in connection with any
+technology, product, service, device, component, or part thereof.
+
+(3) Nothing in this section shall require that the design of, or design
+and selection of parts and components for, a consumer electronics,
+telecommunications, or computing product provide for a response to any
+particular technological measure, so long as such part or component, or
+the product in which such part or component is integrated, does not
+otherwise fall within the prohibitions of subsection (a)(2) or (b)(1).
+
+(4) Nothing in this section shall enlarge or diminish any rights of free
+speech or the press for activities using consumer electronics,
+telecommunications, or computing products.
+
+(d) Exemption for Nonprofit Libraries, Archives, and Educational
+Institutions.
+
+(1) A nonprofit library, archives, or educational institution which
+gains access to a commercially exploited copyrighted work solely in
+order to make a good faith determination of whether to acquire a copy of
+that work for the sole purpose of engaging in conduct permitted under
+this title shall not be in violation of subsection (a)(1)(A). A copy of
+a work to which access has been gained under this paragraph-
+
+(A) may not be retained longer than necessary to make such good faith
+determination; and
+
+(B) may not be used for any other purpose.
+
+(2) The exemption made available under paragraph (1) shall only apply
+with respect to a work when an identical copy of that work is not
+reasonably available in another form.
+
+(3) A nonprofit library, archives, or educational institution that
+willfully for the purpose of commercial advantage or financial gain
+violates paragraph (1)-
+
+(A) shall, for the first offense, be subject to the civil remedies under
+section 1203; and
+
+(B) shall, for repeated or subsequent offenses, in addition to the civil
+remedies under section 1203, forfeit the exemption provided under
+paragraph (1).
+
+(4) This subsection may not be used as a defense to a claim under
+subsection (a)(2) or (b), nor may this subsection permit a nonprofit
+library, archives, or educational institution to manufacture, import,
+offer to the public, provide, or otherwise traffic in any technology,
+product, service, component, or part thereof, which circumvents a
+technological measure.
+
+(5) In order for a library or archives to qualify for the exemption
+under this subsection, the collections of that library or archives shall
+be-
+
+(A) open to the public; or
+
+(B) available not only to researchers affiliated with the library or
+archives or with the institution of which it is a part, but also to
+other persons doing research in a specialized field.
+
+(e) Law Enforcement, Intelligence, and Other Government Activities.  This
+section does not prohibit any lawfully authorized investigative,
+protective, information security, or intelligence activity of an
+officer, agent, or employee of the United States, a State, or a
+political subdivision of a State, or a person acting pursuant to a
+contract with the United States, a State, or a political subdivision of
+a State. For purposes of this subsection, the term "information
+security" means activities carried out in order to identify and address
+the vulnerabilities of a government computer, computer system, or
+computer network.
+
+(f) Reverse Engineering.  (1) Notwithstanding the provisions of
+subsection (a)(1)(A), a person who has lawfully obtained the right to
+use a copy of a computer program may circumvent a technological measure
+that effectively controls access to a particular portion of that program
+for the sole purpose of identifying and analyzing those elements of the
+program that are necessary to achieve interoperability of an
+independently created computer program with other programs, and that
+have not previously been readily available to the person engaging in the
+circumvention, to the extent any such acts of identification and
+analysis do not constitute infringement under this title.
+
+(2) Notwithstanding the provisions of subsections (a)(2) and (b), a
+person may develop and employ technological means to circumvent a
+technological measure, or to circumvent protection afforded by a
+technological measure, in order to enable the identification and
+analysis under paragraph (1), or for the purpose of enabling
+interoperability of an independently created computer program with other
+programs, if such means are necessary to achieve such interoperability,
+to the extent that doing so does not constitute infringement under this
+title.
+
+(3) The information acquired through the acts permitted under paragraph
+(1), and the means permitted under paragraph (2), may be made available
+to others if the person referred to in paragraph (1) or (2), as the case
+may be, provides such information or means solely for the purpose of
+enabling interoperability of an independently created computer program
+with other programs, and to the extent that doing so does not constitute
+infringement under this title or violate applicable law other than this
+section.
+
+(4) For purposes of this subsection, the term "interoperability" means
+the ability of computer programs to exchange information, and of such
+programs mutually to use the information which has been exchanged.
+
+(g) Encryption Research.
+
+(1) Definitions.  For purposes of this subsection-
+
+(A) the term "encryption research" means activities necessary to
+identify and analyze flaws and vulnerabilities of encryption
+technologies applied to copyrighted works, if these activities are
+conducted to advance the state of knowledge in the field of encryption
+technology or to assist in the development of encryption products; and
+
+(B) the term "encryption technology" means the scrambling and
+descrambling of information using mathematical formulas or algorithms.
+
+(2) Permissible Acts of Encryption Research.  Notwithstanding the
+provisions of subsection (a)(1)(A), it is not a violation of that
+subsection for a person to circumvent a technological measure as applied
+to a copy, phonorecord, performance, or display of a published work in
+the course of an act of good faith encryption research if-
+
+(A) the person lawfully obtained the encrypted copy, phonorecord,
+performance, or display of the published work;
+
+(B) such act is necessary to conduct such encryption research;
+
+(C) the person made a good faith effort to obtain authorization before
+the circumvention; and
+
+(D) such act does not constitute infringement under this title or a
+violation of applicable law other than this section, including section
+1030 of title 18 and those provisions of title 18 amended by the
+Computer Fraud and Abuse Act of 1986.
+
+(3) Factors in Determining Exemption.  In determining whether a person
+qualifies for the exemption under paragraph (2), the factors to be
+considered shall include-
+
+(A) whether the information derived from the encryption research was
+disseminated, and if so, whether it was disseminated in a manner
+reasonably calculated to advance the state of knowledge or development
+of encryption technology, versus whether it was disseminated in a manner
+that facilitates infringement under this title or a violation of
+applicable law other than this section, including a violation of privacy
+or breach of security;
+
+(B) whether the person is engaged in a legitimate course of study, is
+employed, or is appropriately trained or experienced, in the field of
+encryption technology; and
+
+(C) whether the person provides the copyright owner of the work to which
+the technological measure is applied with notice of the findings and
+documentation of the research, and the time when such notice is
+provided.
+
+(4) Use of Technological Means for Research Activities.   Notwithstanding
+the provisions of subsection (a)(2), it is not a violation of that
+subsection for a person to-
+
+(A) develop and employ technological means to circumvent a technological
+measure for the sole purpose of that person performing the acts of good
+faith encryption research described in paragraph (2); and
+
+(B) provide the technological means to another person with whom he or
+she is working collaboratively for the purpose of conducting the acts of
+good faith encryption research described in paragraph (2) or for the
+purpose of having that other person verify his or her acts of good faith
+encryption research described in paragraph (2).
+
+(5) Report to Congress.  Not later than 1 year after the date of the
+enactment of this chapter, the Register of Copyrights and the Assistant
+Secretary for Communications and Information of the Department of
+Commerce shall jointly report to the Congress on the effect this
+subsection has had on-
+
+(A) encryption research and the development of encryption technology;
+
+(B) the adequacy and effectiveness of technological measures designed to
+protect copyrighted works; and
+
+(C) protection of copyright owners against the unauthorized access to
+their encrypted copyrighted works.
+
+The report shall include legislative recommendations, if any.
+
+(h) Exceptions Regarding Minors.  In applying subsection (a) to a
+component or part, the court may consider the necessity for its intended
+and actual incorporation in a technology, product, service, or device,
+which-
+
+(1) does not itself violate the provisions of this title; and
+
+(2) has the sole purpose to prevent the access of minors to material on
+the Internet.
+
+(i) Protection of Personally Identifying Information.
+
+(1) Circumvention Permitted.  Notwithstanding the provisions of
+subsection (a)(1)(A), it is not a violation of that subsection for a
+person to circumvent a technological measure that effectively controls
+access to a work protected under this title, if-
+
+(A) the technological measure, or the work it protects, contains the
+capability of collecting or disseminating personally identifying
+information reflecting the online activities of a natural person who
+seeks to gain access to the work protected;
+
+(B) in the normal course of its operation, the technological measure, or
+the work it protects, collects or disseminates personally identifying
+information about the person who seeks to gain access to the work
+protected, without providing conspicuous notice of such collection or
+dissemination to such person, and without providing such person with the
+capability to prevent or restrict such collection or dissemination;
+
+(C) the act of circumvention has the sole effect of identifying and
+disabling the capability described in subparagraph (A), and has no other
+effect on the ability of any person to gain access to any work; and
+
+(D) the act of circumvention is carried out solely for the purpose of
+preventing the collection or dissemination of personally identifying
+information about a natural person who seeks to gain access to the work
+protected, and is not in violation of any other law.
+
+(2) Inapplicability to Certain Technological Measures.
+
+This subsection does not apply to a technological measure, or a work it
+protects, that does not collect or disseminate personally identifying
+information and that is disclosed to a user as not having or using such
+capability.
+
+(j) Security Testing.
+
+(1) Definition.  For purposes of this subsection, the term "security
+testing" means accessing a computer, computer system, or computer
+network, solely for the purpose of good faith testing, investigating, or
+correcting, a security flaw or vulnerability, with the authorization of
+the owner or operator of such computer, computer system, or computer
+network.
+
+(2) Permissible Acts of Security Testing.  Notwithstanding the provisions
+of subsection (a)(1)(A), it is not a violation of that subsection for a
+person to engage in an act of security testing, if such act does not
+constitute infringement under this title or a violation of applicable
+law other than this section, including section 1030 of title 18 and
+those provisions of title 18 amended by the Computer Fraud and Abuse Act
+of 1986.
+
+(3) Factors in Determining Exemption.  In determining whether a person
+qualifies for the exemption under paragraph (2), the factors to be
+considered shall include-
+
+(A) whether the information derived from the security testing was used
+solely to promote the security of the owner or operator of such
+computer, computer system or computer network, or shared directly with
+the developer of such computer, computer system, or computer network;
+and
+
+(B) whether the information derived from the security testing was used
+or maintained in a manner that does not facilitate infringement under
+this title or a violation of applicable law other than this section,
+including a violation of privacy or breach of security.
+
+(4) Use of Technological Means for Security Testing.   Notwithstanding
+the provisions of subsection (a)(2), it is not a violation of that
+subsection for a person to develop, produce, distribute or employ
+technological means for the sole purpose of performing the acts of
+security testing described in subsection (2), provided such
+technological means does not otherwise violate section (a)(2).
+
+(k) Certain Analog Devices and Certain Technological Measures.
+
+(1) Certain Analog Devices.
+
+(A) Effective 18 months after the date of the enactment of this chapter,
+no person shall manufacture, import, offer to the public, provide or
+otherwise traffic in any-
+
+(i) VHS format analog video cassette recorder unless such recorder
+conforms to the automatic gain control copy control technology;
+
+(ii) 8mm format analog video cassette camcorder unless such camcorder
+conforms to the automatic gain control technology;
+
+(iii) Beta format analog video cassette recorder, unless such recorder
+conforms to the automatic gain control copy control technology, except
+that this requirement shall not apply until there are 1,000 Beta format
+analog video cassette recorders sold in the United States in any one
+calendar year after the date of the enactment of this chapter;
+
+(iv) 8mm format analog video cassette recorder that is not an analog
+video cassette camcorder, unless such recorder conforms to the automatic
+gain control copy control technology, except that this requirement shall
+not apply until there are 20,000 such recorders sold in the United
+States in any one calendar year after the date of the enactment of this
+chapter; or
+
+(v) analog video cassette recorder that records using an NTSC format
+video input and that is not otherwise covered under clauses (i) through
+(iv), unless such device conforms to the automatic gain control copy
+control technology.
+
+(B) Effective on the date of the enactment of this chapter, no person
+shall manufacture, import, offer to the public, provide or otherwise
+traffic in-
+
+(i) any VHS format analog video cassette recorder or any 8mm format
+analog video cassette recorder if the design of the model of such
+recorder has been modified after such date of enactment so that a model
+of recorder that previously conformed to the automatic gain control copy
+control technology no longer conforms to such technology; or
+
+(ii) any VHS format analog video cassette recorder, or any 8mm format
+analog video cassette recorder that is not an 8mm analog video cassette
+camcorder, if the design of the model of such recorder has been modified
+after such date of enactment so that a model of recorder that previously
+conformed to the four-line colorstripe copy control technology no longer
+conforms to such technology.
+
+Manufacturers that have not previously manufactured or sold a VHS format
+analog video cassette recorder, or an 8mm format analog cassette
+recorder, shall be required to conform to the four-line colorstripe copy
+control technology in the initial model of any such recorder
+manufactured after the date of the enactment of this chapter, and
+thereafter to continue conforming to the four-line colorstripe copy
+control technology. For purposes of this subparagraph, an analog video
+cassette recorder "conforms to" the four-line colorstripe copy control
+technology if it records a signal that, when played back by the playback
+function of that recorder in the normal viewing mode, exhibits, on a
+reference display device, a display containing distracting visible lines
+through portions of the viewable picture.
+
+(2) Certain Encoding Restrictions.  No person shall apply the automatic
+gain control copy control technology or colorstripe copy control
+technology to prevent or limit consumer copying except such copying-
+
+(A) of a single transmission, or specified group of transmissions, of
+live events or of audiovisual works for which a member of the public has
+exercised choice in selecting the transmissions, including the content
+of the transmissions or the time of receipt of such transmissions, or
+both, and as to which such member is charged a separate fee for each
+such transmission or specified group of transmissions;
+
+(B) from a copy of a transmission of a live event or an audiovisual work
+if such transmission is provided by a channel or service where payment
+is made by a member of the public for such channel or service in the
+form of a subscription fee that entitles the member of the public to
+receive all of the programming contained in such channel or service;
+
+(C) from a physical medium containing one or more prerecorded
+audiovisual works; or
+
+(D) from a copy of a transmission described in subparagraph (A) or from
+a copy made from a physical medium described in subparagraph (C).
+
+In the event that a transmission meets both the conditions set forth in
+subparagraph (A) and those set forth in subparagraph (B), the
+transmission shall be treated as a transmission described in
+subparagraph (A).
+
+(3) Inapplicability.  This subsection shall not-
+
+(A) require any analog video cassette camcorder to conform to the
+automatic gain control copy control technology with respect to any video
+signal received through a camera lens;
+
+(B) apply to the manufacture, importation, offer for sale, provision of,
+or other trafficking in, any professional analog video cassette
+recorder; or
+
+(C) apply to the offer for sale or provision of, or other trafficking
+in, any previously owned analog video cassette recorder, if such
+recorder was legally manufactured and sold when new and not subsequently
+modified in violation of paragraph (1)(B).
+
+(4) Definitions.  For purposes of this subsection:
+
+(A) An "analog video cassette recorder" means a device that records, or
+a device that includes a function that records, on electromagnetic tape
+in an analog format the electronic impulses produced by the video and
+audio portions of a television program, motion picture, or other form of
+audiovisual work.
+
+(B) An "analog video cassette camcorder" means an analog video cassette
+recorder that contains a recording function that operates through a
+camera lens and through a video input that may be connected with a
+television or other video playback device.
+
+(C) An analog video cassette recorder "conforms" to the automatic gain
+control copy control technology if it-
+
+(i) detects one or more of the elements of such technology and does not
+record the motion picture or transmission protected by such technology;
+or
+
+(ii) records a signal that, when played back, exhibits a meaningfully
+distorted or degraded display.
+
+(D) The term "professional analog video cassette recorder" means an
+analog video cassette recorder that is designed, manufactured, marketed,
+and intended for use by a person who regularly employs such a device for
+a lawful business or industrial use, including making, performing ,
+displaying, distributing, or transmitting copies of motion pictures on a
+commercial scale.
+
+(E) The terms "VHS format," "8mm format," "Beta format," "automatic gain
+control copy control technology," "colorstripe copy control technology,"
+"four-line version of the colorstripe copy control technology," and
+"NTSC" have the meanings that are commonly understood in the consumer
+electronics and motion picture industries as of the date of the
+enactment of this chapter.
+
+(5) Violations.  Any violation of paragraph (1) of this subsection shall
+be treated as a violation of subsection (b)(1) of this section. Any
+violation of paragraph (2) of this subsection shall be deemed an "act of
+circumvention" for the purposes of section 1203(c)(3)(A) of this
+chapter.
+
+
+Section 1202. Integrity of copyright management information [3]
+
+(a) False Copyright Management Information.  No person shall knowingly
+and with the intent to induce, enable, facilitate, or conceal
+infringement-
+
+(1) provide copyright management information that is false, or
+
+(2) distribute or import for distribution copyright management
+information that is false.
+
+(b) Removal or Alteration of Copyright Management Information.  No person
+shall, without the authority of the copyright owner or the law-
+
+(1) intentionally remove or alter any copyright management information,
+
+(2) distribute or import for distribution copyright management
+information knowing that the copyright management information has been
+removed or altered without authority of the copyright owner or the law,
+or
+
+(3) distribute, import for distribution, or publicly perform works,
+copies of works, or phonorecords, knowing that copyright management
+information has been removed or altered without authority of the
+copyright owner or the law,
+
+knowing, or, with respect to civil remedies under section 1203, having
+reasonable grounds to know, that it will induce, enable, facilitate, or
+conceal an infringement of any right under this title.
+
+(c) Definition.  As used in this section, the term "copyright management
+information" means any of the following information conveyed in
+connection with copies or phonorecords of a work or performances or
+displays of a work, including in digital form, except that such term
+does not include any personally identifying information about a user of
+a work or of a copy, phonorecord, performance, or display of a work:
+
+(1) The title and other information identifying the work, including the
+information set forth on a notice of copyright.
+
+(2) The name of, and other identifying information about, the author of
+a work.
+
+(3) The name of, and other identifying information about, the copyright
+owner of the work, including the information set forth in a notice of
+copyright.
+
+(4) With the exception of public performances of works by radio and
+television broadcast stations, the name of, and other identifying
+information about, a performer whose performance is fixed in a work
+other than an audiovisual work.
+
+(5) With the exception of public performances of works by radio and
+television broadcast stations, in the case of an audiovisual work, the
+name of, and other identifying information about, a writer, performer,
+or director who is credited in the audiovisual work.
+
+(6) Terms and conditions for use of the work.
+
+(7) Identifying numbers or symbols referring to such information or
+links to such information.
+
+(8) Such other information as the Register of Copyrights may prescribe
+by regulation, except that the Register of Copyrights may not require
+the provision of any information concerning the user of a copyrighted
+work.
+
+(d) Law Enforcement, Intelligence, and Other Government Activities.  This
+section does not prohibit any lawfully authorized investigative,
+protective, information security, or intelligence activity of an
+officer, agent, or employee of the United States, a State, or a
+political subdivision of a State, or a person acting pursuant to a
+contract with the United States, a State, or a political subdivision of
+a State. For purposes of this subsection, the term "information
+security" means activities carried out in order to identify and address
+the vulnerabilities of a government computer, computer system, or
+computer network.
+
+(e) Limitations on Liability.
+
+(1) Analog Transmissions.  In the case of an analog transmission, a
+person who is making transmissions in its capacity as a broadcast
+station, or as a cable system, or someone who provides programming to
+such station or system, shall not be liable for a violation of
+subsection (b) if-
+
+(A) avoiding the activity that constitutes such violation is not
+technically feasible or would create an undue financial hardship on such
+person; and
+
+(B) such person did not intend, by engaging in such activity, to induce,
+enable, facilitate, or conceal infringement of a right under this title.
+
+(2) Digital Transmissions.
+
+(A) If a digital transmission standard for the placement of copyright
+management information for a category of works is set in a voluntary,
+consensus standard-setting process involving a representative cross-
+section of broadcast stations or cable systems and copyright owners of a
+category of works that are intended for public performance by such
+stations or systems, a person identified in paragraph (1) shall not be
+liable for a violation of subsection (b) with respect to the particular
+copyright management information addressed by such standard if-
+
+(i) the placement of such information by someone other than such person
+is not in accordance with such standard; and
+
+(ii) the activity that constitutes such violation is not intended to
+induce, enable, facilitate, or conceal infringement of a right under
+this title.
+
+(B) Until a digital transmission standard has been set pursuant to
+subparagraph (A) with respect to the placement of copyright management
+information for a category of works, a person identified in paragraph
+(1) shall not be liable for a violation of subsection (b) with respect
+to such copyright management information, if the activity that
+constitutes such violation is not intended to induce, enable,
+facilitate, or conceal infringement of a right under this title, and if-
+
+(i) the transmission of such information by such person would result in
+a perceptible visual or aural degradation of the digital signal; or
+
+(ii) the transmission of such information by such person would conflict
+with-
+
+(I) an applicable government regulation relating to transmission of
+information in a digital signal;
+
+(II) an applicable industry-wide standard relating to the transmission
+of information in a digital signal that was adopted by a voluntary
+consensus standards body prior to the effective date of this chapter; or
+
+(III) an applicable industry-wide standard relating to the transmission
+of information in a digital signal that was adopted in a voluntary,
+consensus standards-setting process open to participation by a
+representative cross-section of broadcast stations or cable systems and
+copyright owners of a category of works that are intended for public
+performance by such stations or systems.
+
+(3) Definitions.  As used in this subsection-
+
+(A) the term "broadcast station" has the meaning given that term in
+section 3 of the Communications Act of 1934 (47 U.S.C. 153); and
+
+(B) the term "cable system" has the meaning given that term in section
+602 of the Communications Act of 1934 (47 U.S.C. 522).
+
+
+Section 1203. Civil remedies [5]
+
+(a) Civil Actions.  Any person injured by a violation of section 1201 or
+1202 may bring a civil action in an appropriate United States district
+court for such violation.
+
+(b) Powers of the Court.  In an action brought under subsection (a), the
+court-
+
+(1) may grant temporary and permanent injunctions on such terms as it
+deems reasonable to prevent or restrain a violation, but in no event
+shall impose a prior restraint on free speech or the press protected
+under the 1st amendment to the Constitution;
+
+(2) at any time while an action is pending, may order the impounding, on
+such terms as it deems reasonable, of any device or product that is in
+the custody or control of the alleged violator and that the court has
+reasonable cause to believe was involved in a violation;
+
+(3) may award damages under subsection (c);
+
+(4) in its discretion may allow the recovery of costs by or against any
+party other than the United States or an officer thereof;
+
+(5) in its discretion may award reasonable attorney's fees to the
+prevailing party; and
+
+(6) may, as part of a final judgment or decree finding a violation,
+order the remedial modification or the destruction of any device or
+product involved in the violation that is in the custody or control of
+the violator or has been impounded under paragraph (2).
+
+(c) Award of Damages.
+
+(1) In General.  Except as otherwise provided in this title, a person
+committing a violation of section 1201 or 1202 is liable for either-
+
+(A) the actual damages and any additional profits of the violator, as
+provided in paragraph (2), or
+
+(B) statutory damages, as provided in paragraph (3).
+
+(2) Actual Damages.  The court shall award to the complaining party the
+actual damages suffered by the party as a result of the violation, and
+any profits of the violator that are attributable to the violation and
+are not taken into account in computing the actual damages, if the
+complaining party elects such damages at any time before final judgment
+is entered.
+
+(3) Statutory Damages.  (A) At any time before final judgment is entered,
+a complaining party may elect to recover an award of statutory damages
+for each violation of section 1201 in the sum of not less than $200 or
+more than $2,500 per act of circumvention, device, product, component,
+offer, or performance of service, as the court considers just.
+
+(B) At any time before final judgment is entered, a complaining party
+may elect to recover an award of statutory damages for each violation of
+section 1202 in the sum of not less than $2,500 or more than $25,000.
+
+(4) Repeated Violations.  In any case in which the injured party sustains
+the burden of proving, and the court finds, that a person has violated
+section 1201 or 1202 within three years after a final judgment was
+entered against the person for another such violation, the court may
+increase the award of damages up to triple the amount that would
+otherwise be awarded, as the court considers just.
+
+(5) Innocent Violations.
+
+(A) In General.  The court in its discretion may reduce or remit the
+total award of damages in any case in which the violator sustains the
+burden of proving, and the court finds, that the violator was not aware
+and had no reason to believe that its acts constituted a violation.
+
+(B) Nonprofit Library, Archives, Educational Institutions, or Public
+Broadcasting Entities.
+
+(i) Definition.  In this subparagraph, the term "public broadcasting
+entity" has the meaning given such term under section 118(g).
+
+(ii) In general.  In the case of a nonprofit library, archives,
+educational institution, or public broadcasting entity, the court shall
+remit damages in any case in which the library, archives, educational
+institution, or public broadcasting entity sustains the burden of
+proving, and the court finds, that the library, archives, educational
+institution, or public broadcasting entity was not aware and had no
+reason to believe that its acts constituted a violation.
+
+
+Section 1204. Criminal offenses and penalties [5]
+
+(a) In General.  Any person who violates section 1201 or 1202 willfully
+and for purposes of commercial advantage or private financial gain-
+
+(1) shall be fined not more than $500,000 or imprisoned for not more
+than 5 years, or both, for the first offense; and
+
+(2) shall be fined not more than $1,000,000 or imprisoned for not more
+than 10 years, or both, for any subsequent offense.
+
+(b) Limitation for Nonprofit Library, Archives, Educational Institution,
+or Public Broadcasting Entity.  Subsection (a) shall not apply to a
+nonprofit library, archives, educational institution, or public
+broadcasting entity (as defined under section 118(g)).
+
+(c) Statute of Limitations.  No criminal proceeding shall be brought
+under this section unless such proceeding is commenced within five years
+after the cause of action arose.
+
+
+Section 1205. Savings clause
+
+Nothing in this chapter abrogates, diminishes, or weakens the provisions
+of, nor provides any defense or element of mitigation in a criminal
+prosecution or civil action under, any Federal or State law that
+prevents the violation of the privacy of an individual in connection
+with the individual's use of the Internet.
+
+-------------------
+Chapter 12 Endnotes
+
+1  The WIPO Copyright and Performances and Phonograms Treaties
+Implementation Act of 1998 added chapter 12, entitled "Copyright
+Protection and Management Systems," to title 17. Pub. L. No. 105-304,
+112 Stat. 2860, 2863. The WIPO Copyright and Performances and Phonograms
+Treaties Implementation Act of 1998 is title I of the Digital Millennium
+Copyright Act. Pub. L. No. 105-304, 112 Stat. 2860.
+
+2  The Satellite Home Viewer Improvement Act of 1999 amended section
+1201(a)(1)(C) by deleting "on the record." Pub. L. No. 106-113, 113
+Stat. 1501, app. I at 1501A-594.
+
+3  In 1999, section 1202 was amended by inserting "category of works"
+for "category or works," in subsection (e)(2)(B). Pub. L. No. 106-44,
+113 Stat. 221, 222.
+
+4  The Satellite Home Viewer Improvement Act of 1999 amended section
+1203(c)(5)(B) in its entirety. Pub. L. No. 106-113, 113 Stat. 1501, app.
+I at 1501A-593.
+
+5  The Satellite Home Viewer Improvement Act of 1999 amended section
+1204(b) in its entirety. Pub. L. No. 106-113, 113 Stat. 1501, app. I at
+1501A-593.
+
+------------------------------------------------------------------------
+
+Chapter 13 [1]
+
+Protection of Original Designs
+
+  + 1301. Designs protected
+  + 1302. Designs not subject to protection
+  + 1303. Revisions, adaptations, and rearrangements
+  + 1304. Commencement of protection
+  + 1305. Term of protection
+  + 1306. Design notice
+  + 1307. Effect of omission of notice
+  + 1308. Exclusive rights
+  + 1309. Infringement
+  + 1310. Application for registration
+  + 1311. Benefit of earlier filing date in foreign country
+  + 1312. Oaths and acknowledgments
+  + 1313. Examination of application and issue or refusal of
+          registration
+  + 1314. Certification of registration
+  + 1315. Publication of announcements and indexes
+  + 1316. Fees
+  + 1317. Regulations
+  + 1318. Copies of records
+  + 1319. Correction of errors in certificates
+  + 1320. Ownership and transfer
+  + 1321. Remedy for infringement
+  + 1322. Injunctions
+  + 1323. Recovery for infringement
+  + 1324. Power of court over registration
+  + 1325. Liability for action on registration fraudulently obtained
+  + 1326. Penalty for false marking
+  + 1327. Penalty for false representation
+  + 1328. Enforcement by Treasury and Postal Service
+  + 1329. Relation to design patent law
+  + 1330. Common law and other rights unaffected
+  + 1331. Administrator; Office of the Administrator
+  + 1332. No retroactive effect
+
+
+Section 1301. Designs protected [3]
+
+(a) Designs Protected.
+
+(1) In General.  The designer or other owner of an original design of a
+useful article which makes the article attractive or distinctive in
+appearance to the purchasing or using public may secure the protection
+provided by this chapter upon complying with and subject to this
+chapter.
+
+(2) Vessel Hulls.  The design of a vessel hull, including a plug or mold,
+is subject to protection under this chapter, notwithstanding section
+1302(4).
+
+(b) Definitions.  For the purpose of this chapter, the following terms
+have the following meanings:
+
+(1) A design is "original" if it is the result of the designer's
+creative endeavor that provides a distinguishable variation over prior
+work pertaining to similar articles which is more than merely trivial
+and has not been copied from another source.
+
+(2) A "useful article" is a vessel hull, including a plug or mold, which
+in normal use has an intrinsic utilitarian function that is not merely
+to portray the appearance of the article or to convey information. An
+article which normally is part of a useful article shall be deemed to be
+a useful article.
+
+(3) A "vessel" is a craft-
+
+(A) that is designed and capable of independently steering a course on
+or through water through its own means of propulsion; and
+
+(B) that is designed and capable of carrying and transporting one or
+more passengers.
+
+(4) A "hull" is the frame or body of a vessel, including the deck of a
+vessel, exclusive of masts, sails, yards, and rigging.
+
+(5) A "plug" means a device or model used to make a mold for the purpose
+of exact duplication, regardless of whether the device or model has an
+intrinsic utilitarian function that is not only to portray the
+appearance of the product or to convey information.
+
+(6) A "mold" means a matrix or form in which a substance for material is
+used, regardless of whether the matrix or form has an intrinsic
+utilitarian function that is not only to portray the appearance of the
+product or to convey information.
+
+
+Section 1302. Designs not subject to protection [3]
+
+Protection under this chapter shall not be available for a design that
+is-
+
+(1) not original;
+
+(2) staple or commonplace, such as a standard geometric figure, a
+familiar symbol, an emblem, or a motif, or another shape, pattern, or
+configuration which has become standard, common, prevalent, or ordinary;
+
+(3) different from a design excluded by paragraph (2) only in
+insignificant details or in elements which are variants commonly used in
+the relevant trades;
+
+(4) dictated solely by a utilitarian function of the article that
+embodies it; or
+
+(5) embodied in a useful article that was made public by the designer or
+owner in the United States or a foreign country more than 2 years before
+the date of the application for registration under this chapter.
+
+
+Section 1303. Revisions, adaptations, and rearrangements
+
+Protection for a design under this chapter shall be available
+notwithstanding the employment in the design of subject matter excluded
+from protection under section 1302 if the design is a substantial
+revision, adaptation, or rearrangement of such subject matter. Such
+protection shall be independent of any subsisting protection in subject
+matter employed in the design, and shall not be construed as securing
+any right to subject matter excluded from protection under this chapter
+or as extending any subsisting protection under this chapter.
+
+
+Section 1304. Commencement of protection
+
+The protection provided for a design under this chapter shall commence
+upon the earlier of the date of publication of the registration under
+section 1313(a) or the date the design is first made public as defined
+by section 1310(b).
+
+
+Section 1305. Term of protection
+
+(a) In General.  Subject to subsection (b), the protection provided under
+this chapter for a design shall continue for a term of 10 years
+beginning on the date of the commencement of protection under section
+1304.
+
+(b) Expiration.  All terms of protection provided in this section shall
+run to the end of the calendar year in which they would otherwise
+expire.
+
+(c) Termination of Rights.  Upon expiration or termination of protection
+in a particular design under this chapter, all rights under this chapter
+in the design shall terminate, regardless of the number of different
+articles in which the design may have been used during the term of its
+protection.
+
+
+Section 1306. Design notice
+
+(a) Contents of Design Notice.
+
+(1) Whenever any design for which protection is sought under this
+chapter is made public under section 1310(b), the owner of the design
+shall, subject to the provisions of section 1307, mark it or have it
+marked legibly with a design notice consisting of
+
+(A) the words "Protected Design", the abbreviation "Prot'd Des.", or the
+letter "D" with a circle, or the symbol "*D*";
+
+(B) the year of the date on which protection for the design commenced;
+and
+
+(C) the name of the owner, an abbreviation by which the name can be
+recognized, or a generally accepted alternative designation of the
+owner.
+
+Any distinctive identification of the owner may be used for purposes of
+subparagraph (C) if it has been recorded by the Administrator before the
+design marked with such identification is registered.
+
+(2) After registration, the registration number may be used instead of
+the elements specified in subparagraphs (B) and (C) of paragraph (1).
+
+(b) Location of Notice.  The design notice shall be so located and
+applied as to give reasonable notice of design protection while the
+useful article embodying the design is passing through its normal
+channels of commerce.
+
+(c) Subsequent Removal of Notice.  When the owner of a design has
+complied with the provisions of this section, protection under this
+chapter shall not be affected by the removal, destruction, or
+obliteration by others of the design notice on an article.
+
+
+Section 1307. Effect of omission of notice
+
+(a) Actions with Notice.  Except as provided in subsection (b), the
+omission of the notice prescribed in section 1306 shall not cause loss
+of the protection under this chapter or prevent recovery for
+infringement under this chapter against any person who, after receiving
+written notice of the design protection, begins an undertaking leading
+to infringement under this chapter.
+
+(b) Actions without Notice.  The omission of the notice prescribed in
+section 1306 shall prevent any recovery under section 1323 against a
+person who began an undertaking leading to infringement under this
+chapter before receiving written notice of the design protection. No
+injunction shall be issued under this chapter with respect to such
+undertaking unless the owner of the design reimburses that person for
+any reasonable expenditure or contractual obligation in connection with
+such undertaking that was incurred before receiving written notice of
+the design protection, as the court in its discretion directs. The
+burden of providing written notice of design protection shall be on the
+owner of the design.
+
+
+Section 1308. Exclusive rights
+
+The owner of a design protected under this chapter has the exclusive
+right to-
+
+(1) make, have made, or import, for sale or for use in trade, any useful
+article embodying that design; and
+
+(2) sell or distribute for sale or for use in trade any useful article
+embodying that design.
+
+
+Section 1309. Infringement
+
+(a) Acts of Infringement.  Except as provided in subsection (b), it shall
+be infringement of the exclusive rights in a design protected under this
+chapter for any person, without the consent of the owner of the design,
+within the United States and during the term of such protection, to-
+
+(1) make, have made, or import, for sale or for use in trade, any
+infringing article as defined in subsection (e); or
+
+(2) sell or distribute for sale or for use in trade any such infringing
+article.
+
+(b) Acts of Sellers and Distributors.  A seller or distributor of an
+infringing article who did not make or import the article shall be
+deemed to have infringed on a design protected under this chapter only
+if that person-
+
+(1) induced or acted in collusion with a manufacturer to make, or an
+importer to import such article, except that merely purchasing or giving
+an order to purchase such article in the ordinary course of business
+shall not of itself constitute such inducement or collusion; or
+
+(2) refused or failed, upon the request of the owner of the design, to
+make a prompt and full disclosure of that person's source of such
+article, and that person orders or reorders such article after receiving
+notice by registered or certified mail of the protection subsisting in
+the design.
+
+(c) Acts without Knowledge.  It shall not be infringement under this
+section to make, have made, import, sell, or distribute, any article
+embodying a design which was created without knowledge that a design was
+protected under this chapter and was copied from such protected design.
+
+(d) Acts in Ordinary Course of Business.  A person who incorporates into
+that person's product of manufacture an infringing article acquired from
+others in the ordinary course of business, or who, without knowledge of
+the protected design embodied in an infringing article, makes or
+processes the infringing article for the account of another person in
+the ordinary course of business, shall not be deemed to have infringed
+the rights in that design under this chapter except under a condition
+contained in paragraph (1) or (2) of subsection (b). Accepting an order
+or reorder from the source of the infringing article shall be deemed
+ordering or reordering within the meaning of subsection (b)(2).
+
+(e) Infringing Article Defined.  As used in this section, an "infringing
+article" is any article the design of which has been copied from a
+design protected under this chapter, without the consent of the owner of
+the protected design. An infringing article is not an illustration or
+picture of a protected design in an advertisement, book, periodical,
+newspaper, photograph, broadcast, motion picture, or similar medium. A
+design shall not be deemed to have been copied from a protected design
+if it is original and not substantially similar in appearance to a
+protected design.
+
+(f) Establishing Originality.  The party to any action or proceeding
+under this chapter who alleges rights under this chapter in a design
+shall have the burden of establishing the design's originality whenever
+the opposing party introduces an earlier work which is identical to such
+design, or so similar as to make prima facie showing that such design
+was copied from such work.
+
+(g) Reproduction for Teaching or Analysis.  It is not an infringement of
+the exclusive rights of a design owner for a person to reproduce the
+design in a useful article or in any other form solely for the purpose
+of teaching, analyzing, or evaluating the appearance, concepts, or
+techniques embodied in the design, or the function of the useful article
+embodying the design.
+
+
+Section 1310. Application for registration
+
+(a) Time Limit for Application for Registration.  Protection under this
+chapter shall be lost if application for registration of the design is
+not made within 2 years after the date on which the design is first made
+public.
+
+(b) When Design is Made Public.  A design is made public when an existing
+useful article embodying the design is anywhere publicly exhibited,
+publicly distributed, or offered for sale or sold to the public by the
+owner of the design or with the owner's consent.
+
+(c) Application by Owner of Design.  Application for registration may be
+made by the owner of the design.
+
+(d) Contents of Application.  The application for registration shall be
+made to the Administrator and shall state-
+
+(1) the name and address of the designer or designers of the design;
+
+(2) the name and address of the owner if different from the designer;
+
+(3) the specific name of the useful article embodying the design;
+
+(4) the date, if any, that the design was first made public, if such
+date was earlier than the date of the application;
+
+(5) affirmation that the design has been fixed in a useful article; and
+
+(6) such other information as may be required by the Administrator.
+
+The application for registration may include a description setting forth
+the salient features of the design, but the absence of such a
+description shall not prevent registration under this chapter.
+
+(e) Sworn Statement.  The application for registration shall be
+accompanied by a statement under oath by the applicant or the
+applicant's duly authorized agent or representative, setting forth, to
+the best of the applicant's knowledge and belief-
+
+(1) that the design is original and was created by the designer or
+designers named in the application;
+
+(2) that the design has not previously been registered on behalf of the
+applicant or the applicant's predecessor in title; and
+
+(3) that the applicant is the person entitled to protection and to
+registration under this chapter.
+
+If the design has been made public with the design notice prescribed in
+section 1306, the statement shall also describe the exact form and
+position of the design notice.
+
+(f) Effect of Errors.   (1) Error in any statement or assertion as to the
+utility of the useful article named in the application under this
+section, the design of which is sought to be registered, shall not
+affect the protection secured under this chapter.
+
+(2) Errors in omitting a joint designer or in naming an alleged joint
+designer shall not affect the validity of the registration, or the
+actual ownership or the protection of the design, unless it is shown
+that the error occurred with deceptive intent.
+
+(g) Design Made in Scope of Employment.  In a case in which the design
+was made within the regular scope of the designer's employment and
+individual authorship of the design is difficult or impossible to
+ascribe and the application so states, the name and address of the
+employer for whom the design was made may be stated instead of that of
+the individual designer.
+
+(h) Pictorial Representation of Design.  The application for registration
+shall be accompanied by two copies of a drawing or other pictorial
+representation of the useful article embodying the design, having one or
+more views, adequate to show the design, in a form and style suitable
+for reproduction, which shall be deemed a part of the application.
+
+(i) Design in More Than One Useful Article.  If the distinguishing
+elements of a design are in substantially the same form in different
+useful articles, the design shall be protected as to all such useful
+articles when protected as to one of them, but not more than one
+registration shall be required for the design.
+
+(j) Application for More Than One Design.  More than one design may be
+included in the same application under such conditions as may be
+prescribed by the Administrator. For each design included in an
+application the fee prescribed for a single design shall be paid.
+
+
+Section 1311. Benefit of earlier filing date in foreign country
+
+An application for registration of a design filed in the United States
+by any person who has, or whose legal representative or predecessor or
+successor in title has, previously filed an application for registration
+of the same design in a foreign country which extends to designs of
+owners who are citizens of the United States, or to applications filed
+under this chapter, similar protection to that provided under this
+chapter shall have that same effect as if filed in the United States on
+the date on which the application was first filed in such foreign
+country, if the application in the United States is filed within 6
+months after the earliest date on which any such foreign application was
+filed.
+
+
+Section 1312. Oaths and acknowledgments
+
+(a) In General.  Oaths and acknowledgments required by this chapter-
+
+(1) may be made-
+
+(A) before any person in the United States authorized by law to
+administer oaths; or
+
+(B) when made in a foreign country, before any diplomatic or consular
+officer of the United States authorized to administer oaths, or before
+any official authorized to administer oaths in the foreign country
+concerned, whose authority shall be proved by a certificate of a
+diplomatic or consular officer of the United States; and
+
+(2) shall be valid if they comply with the laws of the State or country
+where made.
+
+(b) Written Declaration in Lieu of Oath.  (1) The Administrator may by
+rule prescribe that any document which is to be filed under this chapter
+in the Office of the Administrator and which is required by any law,
+rule, or other regulation to be under oath, may be subscribed to by a
+written declaration in such form as the Administrator may prescribe, and
+such declaration shall be in lieu of the oath otherwise required.
+
+(2) Whenever a written declaration under paragraph (1) is used, the
+document containing the declaration shall state that willful false
+statements are punishable by fine or imprisonment, or both, pursuant to
+section 1001 of title 18, and may jeopardize the validity of the
+application or document or a registration resulting therefrom.
+
+
+Section 1313. Examination of application and issue or refusal of
+registration [4]
+
+(a) Determination of Registrability of Design; Registration.
+
+Upon the filing of an application for registration in proper form under
+section 1310, and upon payment of the fee prescribed under section 1316,
+the Administrator shall determine whether or not the application relates
+to a design which on its face appears to be subject to protection under
+this chapter, and, if so, the Register shall register the design.
+Registration under this subsection shall be announced by publication.
+The date of registration shall be the date of publication.
+
+(b) Refusal To Register; Reconsideration.  If, in the judgment of the
+Administrator, the application for registration relates to a design
+which on its face is not subject to protection under this chapter, the
+Administrator shall send to the applicant a notice of refusal to
+register and the grounds for the refusal. Within 3 months after the date
+on which the notice of refusal is sent, the applicant may, by written
+request, seek reconsideration of the application. After consideration of
+such a request, the Administrator shall either register the design or
+send to the applicant a notice of final refusal to register.
+
+(c) Application To Cancel Registration.  Any person who believes he or
+she is or will be damaged by a registration under this chapter may, upon
+payment of the prescribed fee, apply to the Administrator at any time to
+cancel the registration on the ground that the design is not subject to
+protection under this chapter, stating the reasons for the request. Upon
+receipt of an application for cancellation, the Administrator shall send
+to the owner of the design, as shown in the records of the Office of the
+Administrator, a notice of the application, and the owner shall have a
+period of 3 months after the date on which such notice is mailed in
+which to present arguments to the Administrator for support of the
+validity of the registration. The Administrator shall also have the
+authority to establish, by regulation, conditions under which the
+opposing parties may appear and be heard in support of their arguments.
+If, after the periods provided for the presentation of arguments have
+expired, the Administrator determines that the applicant for
+cancellation has established that the design is not subject to
+protection under this chapter, the Administrator shall order the
+registration stricken from the record. Cancellation under this
+subsection shall be announced by publication, and notice of the
+Administrator's final determination with respect to any application for
+cancellation shall be sent to the applicant and to the owner of record.
+Costs of the cancellation procedure under this subsection shall be borne
+by the nonprevailing party or parties, and the Administrator shall have
+the authority to assess and collect such costs.
+
+
+Section 1314. Certification of registration
+
+Certificates of registration shall be issued in the name of the United
+States under the seal of the Office of the Administrator and shall be
+recorded in the official records of the Office. The certificate shall
+state the name of the useful article, the date of filing of the
+application, the date of registration, and the date the design was made
+public, if earlier than the date of filing of the application, and shall
+contain a reproduction of the drawing or other pictorial representation
+of the design. If a description of the salient features of the design
+appears in the application, the description shall also appear in the
+certificate. A certificate of registration shall be admitted in any
+court as prima facie evidence of the facts stated in the certificate.
+
+
+Section 1315. Publication of announcements and indexes
+
+(a) Publications of the Administrator.  The Administrator shall publish
+lists and indexes of registered designs and cancellations of designs and
+may also publish the drawings or other pictorial representations of
+registered designs for sale or other distribution.
+
+(b) File of Representatives of Registered Designs.  The Administrator
+shall establish and maintain a file of the drawings or other pictorial
+representations of registered designs. The file shall be available for
+use by the public under such conditions as the Administrator may
+prescribe.
+
+
+Section 1316. Fees
+
+The Administrator shall by regulation set reasonable fees for the filing
+of applications to register designs under this chapter and for other
+services relating to the administration of this chapter, taking into
+consideration the cost of providing these services and the benefit of a
+public record.
+
+
+Section 1317. Regulations
+
+The Administrator may establish regulations for the administration of
+this chapter.
+
+
+Section 1318. Copies of records
+
+Upon payment of the prescribed fee, any person may obtain a certified
+copy of any official record of the Office of the Administrator that
+relates to this chapter. That copy shall be admissible in evidence with
+the same effect as the original.
+
+
+Section 1319. Correction of errors in certificates
+
+The Administrator may, by a certificate of correction under seal,
+correct any error in a registration incurred through the fault of the
+Office, or, upon payment of the required fee, any error of a clerical or
+typographical nature occurring in good faith but not through the fault
+of the Office. Such registration, together with the certificate, shall
+thereafter have the same effect as if it had been originally issued in
+such corrected form.
+
+
+Section 1320. Ownership and transfer [5]
+
+(a) Property Right in Design.  The property right in a design subject to
+protection under this chapter shall vest in the designer, the legal
+representatives of a deceased designer or of one under legal incapacity,
+the employer for whom the designer created the design in the case of a
+design made within the regular scope of the designer's employment, or a
+person to whom the rights of the designer or of such employer have been
+transferred. The person in whom the property right is vested shall be
+considered the owner of the design.
+
+(b) Transfer of Property Right.  The property right in a registered
+design, or a design for which an application for registration has been
+or may be filed, may be assigned, granted, conveyed, or mortgaged by an
+instrument in writing, signed by the owner, or may be bequeathed by
+will.
+
+(c) Oath or Acknowledgment of Transfer.  An oath or acknowledgment under
+section 1312 shall be prima facie evidence of the execution of an
+assignment, grant, conveyance, or mortgage under subsection (b).
+
+(d) Recordation of Transfer.  An assignment, grant, conveyance, or
+mortgage under subsection (b) shall be void as against any subsequent
+purchaser or mortgagee for a valuable consideration, unless it is
+recorded in the Office of the Administrator within 3 months after its
+date of execution or before the date of such subsequent purchase or
+mortgage.
+
+
+Section 1321. Remedy for infringement
+
+(a) In General.  The owner of a design is entitled, after issuance of a
+certificate of registration of the design under this chapter, to
+institute an action for any infringement of the design.
+
+(b) Review of Refusal To Register.  (1) Subject to paragraph (2), the
+owner of a design may seek judicial review of a final refusal of the
+Administrator to register the design under this chapter by bringing a
+civil action, and may in the same action, if the court adjudges the
+design subject to protection under this chapter, enforce the rights in
+that design under this chapter.
+
+(2) The owner of a design may seek judicial review under this section
+if-
+
+(A) the owner has previously duly filed and prosecuted to final refusal
+an application in proper form for registration of the design;
+
+(B) the owner causes a copy of the complaint in the action to be
+delivered to the Administrator within 10 days after the commencement of
+the action; and
+
+(C) the defendant has committed acts in respect to the design which
+would constitute infringement with respect to a design protected under
+this chapter.
+
+(c) Administrator as Party to Action.  The Administrator may, at the
+Administrator's option, become a party to the action with respect to the
+issue of registrability of the design claim by entering an appearance
+within 60 days after being served with the complaint, but the failure of
+the Administrator to become a party shall not deprive the court of
+jurisdiction to determine that issue.
+
+(d) Use of Arbitration To Resolve Dispute.  The parties to an
+infringement dispute under this chapter, within such time as may be
+specified by the Administrator by regulation, may determine the dispute,
+or any aspect of the dispute, by arbitration. Arbitration shall be
+governed by title 9. The parties shall give notice of any arbitration
+award to the Administrator, and such award shall, as between the parties
+to the arbitration, be dispositive of the issues to which it relates.
+The arbitration award shall be unenforceable until such notice is given.
+Nothing in this subsection shall preclude the Administrator from
+determining whether a design is subject to registration in a
+cancellation proceeding under section 1313(c).
+
+
+Section 1322. Injunctions
+
+(a) In General.  A court having jurisdiction over actions under this
+chapter may grant injunctions in accordance with the principles of
+equity to prevent infringement of a design under this chapter,
+including, in its discretion, prompt relief by temporary restraining
+orders and preliminary injunctions.
+
+(b) Damages for Injunctive Relief Wrongfully Obtained.   A seller or
+distributor who suffers damage by reason of injunctive relief wrongfully
+obtained under this section has a cause of action against the applicant
+for such injunctive relief and may recover such relief as may be
+appropriate, including damages for lost profits, cost of materials, loss
+of good will, and punitive damages in instances where the injunctive
+relief was sought in bad faith, and, unless the court finds extenuating
+circumstances, reasonable attorney's fees.
+
+
+Section 1323. Recovery for infringement
+
+(a) Damages.  Upon a finding for the claimant in an action for
+infringement under this chapter, the court shall award the claimant
+damages adequate to compensate for the infringement. In addition, the
+court may increase the damages to such amount, not exceeding $50,000 or
+$1 per copy, whichever is greater, as the court determines to be just.
+The damages awarded shall constitute compensation and not a penalty. The
+court may receive expert testimony as an aid to the determination of
+damages.
+
+(b) Infringer's Profits.  As an alternative to the remedies provided in
+subsection (a), the court may award the claimant the infringer's profits
+resulting from the sale of the copies if the court finds that the
+infringer's sales are reasonably related to the use of the claimant's
+design. In such a case, the claimant shall be required to prove only the
+amount of the infringer's sales and the infringer shall be required to
+prove its expenses against such sales.
+
+(c) Statute of Limitations.  No recovery under subsection (a) or (b)
+shall be had for any infringement committed more than 3 years before the
+date on which the complaint is filed.
+
+(d) Attorney's Fees.  In an action for infringement under this chapter,
+the court may award reasonable attorney's fees to the prevailing party.
+
+(e) Disposition of Infringing and Other Articles.  The court may order
+that all infringing articles, and any plates, molds, patterns, models,
+or other means specifically adapted for making the articles, be
+delivered up for destruction or other disposition as the court may
+direct.
+
+
+Section 1324. Power of court over registration
+
+In any action involving the protection of a design under this chapter,
+the court, when appropriate, may order registration of a design under
+this chapter or the cancellation of such a registration. Any such order
+shall be certified by the court to the Administrator, who shall make an
+appropriate entry upon the record.
+
+
+Section 1325. Liability for action on registration fraudulently obtained
+
+Any person who brings an action for infringement knowing that
+registration of the design was obtained by a false or fraudulent
+representation materially affecting the rights under this chapter, shall
+be liable in the sum of $10,000, or such part of that amount as the
+court may determine. That amount shall be to compensate the defendant
+and shall be charged against the plaintiff and paid to the defendant, in
+addition to such costs and attorney's fees of the defendant as may be
+assessed by the court.
+
+
+Section 1326. Penalty for false marking
+
+(a) In General.  Whoever, for the purpose of deceiving the public, marks
+upon, applies to, or uses in advertising in connection with an article
+made, used, distributed, or sold, a design which is not protected under
+this chapter, a design notice specified in section 1306, or any other
+words or symbols importing that the design is protected under this
+chapter, knowing that the design is not so protected, shall pay a civil
+fine of not more than $500 for each such offense.
+
+(b) Suit by Private Persons.  Any person may sue for the penalty
+established by subsection (a), in which event one-half of the penalty
+shall be awarded to the person suing and the remainder shall be awarded
+to the United States.
+
+
+Section 1327. Penalty for false representation
+
+Whoever knowingly makes a false representation materially affecting the
+rights obtainable under this chapter for the purpose of obtaining
+registration of a design under this chapter shall pay a penalty of not
+less than $500 and not more than $1,000, and any rights or privileges
+that individual may have in the design under this chapter shall be
+forfeited.
+
+
+Section 1328. Enforcement by Treasury and Postal Service
+
+(a) Regulations.  The Secretary of the Treasury and the United States
+Postal Service shall separately or jointly issue regulations for the
+enforcement of the rights set forth in section 1308 with respect to
+importation. Such regulations may require, as a condition for the
+exclusion of articles from the United States, that the person seeking
+exclusion take any one or more of the following actions:
+
+(1) Obtain a court order enjoining, or an order of the International
+Trade Commission under section 337 of the Tariff Act of 1930 excluding,
+importation of the articles.
+
+(2) Furnish proof that the design involved is protected under this
+chapter and that the importation of the articles would infringe the
+rights in the design under this chapter.
+
+(3) Post a surety bond for any injury that may result if the detention
+or exclusion of the articles proves to be unjustified.
+
+(b) Seizure and Forfeiture.  Articles imported in violation of the rights
+set forth in section 1308 are subject to seizure and forfeiture in the
+same manner as property imported in violation of the customs laws. Any
+such forfeited articles shall be destroyed as directed by the Secretary
+of the Treasury or the court, as the case may be, except that the
+articles may be returned to the country of export whenever it is shown
+to the satisfaction of the Secretary of the Treasury that the importer
+had no reasonable grounds for believing that his or her acts constituted
+a violation of the law.
+
+
+Section 1329. Relation to design patent law
+
+The issuance of a design patent under title 35, United States Code, for
+an original design for an article of manufacture shall terminate any
+protection of the original design under this chapter.
+
+
+Section 1330. Common law and other rights unaffected
+
+Nothing in this chapter shall annul or limit-
+
+(1) common law or other rights or remedies, if any, available to or held
+by any person with respect to a design which has not been registered
+under this chapter; or
+
+(2) any right under the trademark laws or any right protected against
+unfair competition.
+
+
+Section 1331. Administrator; Office of the Administrator
+
+In this chapter, the "Administrator" is the Register of Copyrights, and
+the "Office of the Administrator" and the "Office" refer to the
+Copyright Office of the Library of Congress.
+
+
+Section 1332. No retroactive effect
+
+Protection under this chapter shall not be available for any design that
+has been made public under section 1310(b) before the effective date of
+this chapter.
+
+-------------------
+Chapter 13 Endnotes
+
+1  In 1998, the Vessel Hull Design Protection Act added chapter 13,
+entitled "Protection of Original Designs," to title 17. Pub. L. No.
+105-304, 112 Stat. 2860, 2905. The Vessel Hull Design Protection Act is
+title V of the Digital Millennium Copyright Act, Pub. L. No. 105-304,
+112 Stat. 2860.
+
+2  The Satellite Home Viewer Improvement Act of 1999 amended section
+1301(b)(3) in its entirety. Pub. L. No. 106-113, 113 Stat. 1501, app. I
+at 1501A-593.
+
+3  In 1999, section 1302(5) was amended to substitute "2 years" in lieu
+of "1 year." Pub. L. No. 106-44, 113 Stat. 221, 222.
+
+4  The Satellite Home Viewer Improvement Act of 1999 amended section
+1313(c) by adding at the end thereof the last sentence, which begins
+"Costs of the cancellation procedure." Pub. L. No. 106-113, 113 Stat.
+1501, app. I at 1501A-594.
+
+5  In 1999, section 1320 was amended to change the spelling in the
+heading of subsection (c) from "acknowledgement" to "acknowledgment."
+Pub. L. No. 106-44, 113 Stat. 221, 222.
+
+------------------------------------------------------------------------
+
+Appendix I. Transitional and Supplementary Provisions of the
+Copyright Act of 1976 [1]
+
+Sec. 102. This Act becomes effective on January 1, 1978, except as
+otherwise expressly provided by this Act, including provisions of the
+first section of this Act. The provisions of sections 118, 304(b), and
+chapter 8 of title 17, as amended by the first section of this Act, take
+effect upon enactment of this Act.
+
+Sec. 103. This Act does not provide copyright protection for any work
+that goes into the public domain before January 1, 1978. The exclusive
+rights, as provided by section 106 of title 17 as amended by the first
+section of this Act, to reproduce a work in phonorecords and to
+distribute phonorecords of the work, do not extend to any nondramatic
+musical work copyrighted before July 1, 1909.
+
+Sec. 104. All proclamations issued by the President under section 1(e)
+or 9(b) of title 17 as it existed on December 31, 1977, or under
+previous copyright statutes of the United States, shall continue in
+force until terminated, suspended, or revised by the President.
+
+Sec. 105. (a)(1) Section 505 of title 44 is amended to read as follows:
+
+"Sec.  505. Sale of duplicate plates
+
+"The Public Printer shall sell, under regulations of the Joint Committee
+on Printing to persons who may apply, additional or duplicate stereotype
+or electrotype plates from which a Government publication is printed, at
+a price not to exceed the cost of composition, the metal, and making to
+the Government, plus 10 per centum, and the full amount of the price
+shall be paid when the order is filed."
+
+(2) The item relating to section 505 in the sectional analysis at the
+beginning of chapter 5 of title 44, is amended to read as follows:
+
+"505. Sale of duplicate plates.".
+
+(b) Section 2113 of title 44 is amended to read as follows:
+
+
+[To assist the reader, section 2113 of title 44, now designated section
+2117, appears in part VII of the Appendix, *infra*, as currently
+amended.]
+
+
+(c) In section 1498(b) of title 28, the phrase "section 101(b) of title
+17" is amended to read "section 504(c) of title 17".
+
+(d) Section 543(a)(4) of the Internal Revenue Code of 1954, as amended,
+is amended by striking out "(other than by reason of section 2 or 6
+thereof)".
+
+(e) Section 3202(a) of title 39 is amended by striking out clause (5).
+Section 3206 of title 39 is amended by deleting the words "subsections
+(b) and (c)" and inserting "subsection (b)" in subsection (a), and by
+deleting subsection (c). Section 3206(d) is renumbered (c).
+
+(f) Subsection (a) of section 290(e) of title 15 is amended by deleting
+the phrase "section 8" and inserting in lieu thereof the phrase "section
+105". [2]
+
+(g) Section 131 of title 2 is amended by deleting the phrase "deposit to
+secure copyright," and inserting in lieu thereof the phrase "acquisition
+of material under the copyright law,".
+
+Sec. 106. In any case where, before January 1, 1978, a person has
+lawfully made parts of instruments serving to reproduce mechanically a
+copyrighted work under the compulsory license provisions of section 1(e)
+of title 17 as it existed on December 31, 1977, such person may continue
+to make and distribute such parts embodying the same mechanical
+reproduction without obtaining a new compulsory license under the terms
+of section 115 of title 17 as amended by the first section of this Act.
+However, such parts made on or after January 1, 1978, constitute
+phonorecords and are otherwise subject to the provisions of said section
+115.
+
+Sec. 107. In the case of any work in which an ad interim copyright is
+subsisting or is capable of being secured on December 31, 1977, under
+section 22 of title 17 as it existed on that date, copyright protection
+is hereby extended to endure for the term or terms provided by section
+304 of title 17 as amended by the first section of this Act.
+
+Sec. 108. The notice provisions of sections 401 through 403 of title 17
+as amended by the first section of this Act apply to all copies or
+phonorecords publicly distributed on or after January 1, 1978. However,
+in the case of a work published before January 1, 1978, compliance with
+the notice provisions of title 17 either as it existed on December 31,
+1977, or as amended by the first section of this Act, is adequate with
+respect to copies publicly distributed after December 31, 1977.
+
+Sec. 109. The registration of claims to copyright for which the required
+deposit, application, and fee were received in the Copyright Office
+before January 1, 1978, and the recordation of assignments of copyright
+or other instruments received in the Copyright Office before January 1,
+1978, shall be made in accordance with title 17 as it existed on
+December 31, 1977.
+
+Sec. 110. The demand and penalty provisions of section 14 of title 17 as
+it existed on December 31, 1977, apply to any work in which copyright
+has been secured by publication with notice of copyright on or before
+that date, but any deposit and registration made after that date in
+response to a demand under that section shall be made in accordance with
+the provisions of title 17 as amended by the first section of this Act.
+
+Sec. 111. Section 2318 of title 18 of the United States Code is amended
+to read as follows:
+
+
+[To assist the reader, section 2318 of title 18, as currently amended,
+along with related criminal provisions, appears in part VII of the
+Appendix, *infra*.]
+
+
+Sec. 112. All causes of action that arose under title 17 before January
+1, 1978, shall be governed by title 17 as it existed when the cause of
+action arose.
+
+Sec. 113. (a) The Librarian of Congress (hereinafter referred to as the
+"Librarian") shall establish and maintain in the Library of Congress a
+library to be known as the American Television and Radio Archives
+(hereinafter referred to as the "Archives"). The purpose of the Archives
+shall be to preserve a permanent record of the television and radio
+programs which are the heritage of the people of the United States and
+to provide access to such programs to historians and scholars without
+encouraging or causing copyright infringement.
+
+(1) The Librarian, after consultation with interested organizations and
+individuals, shall determine and place in the Archives such copies and
+phonorecords of television and radio programs transmitted to the public
+in the United States and in other countries which are of present or
+potential public or cultural interest, historical significance,
+cognitive value, or otherwise worthy of preservation, including copies
+and phonorecords of published and unpublished transmission programs-
+
+(A) acquired in accordance with sections 407 and 408 of title 17 as
+amended by the first section of this Act; and
+
+(B) transferred from the existing collections of the Library of
+Congress; and
+
+(C) given to or exchanged with the Archives by other libraries,
+archives, organizations, and individuals; and
+
+(D) purchased from the owner thereof.
+
+(2) The Librarian shall maintain and publish appropriate catalogs and
+indexes of the collections of the Archives, and shall make such
+collections available for study and research under the conditions
+prescribed under this section.
+
+(b) Notwithstanding the provisions of section 106 of title 17 as amended
+by the first section of this Act, the Librarian is authorized with
+respect to a transmission program which consists of a regularly
+scheduled newscast or on-the-spot coverage of news events and, under
+standards and conditions that the Librarian shall prescribe by
+regulation-
+
+(1) to reproduce a fixation of such a program, in the same or another
+tangible form, for the purposes of preservation or security or for
+distribution under the conditions of clause (3) of this subsection; and
+
+(2) to compile, without abridgment or any other editing, portions of
+such fixations according to subject matter, and to reproduce such
+compilations for the purpose of clause (1) of this subsection; and
+
+(3) to distribute a reproduction made under clause (1) or (2) of this
+subsection-
+
+(A) by loan to a person engaged in research; and
+
+(B) for deposit in a library or archives which meets the requirements of
+section 108(a) of title 17 as amended by the first section of this Act,
+
+in either case for use only in research and not for further reproduction
+or performance.
+
+(c) The Librarian or any employee of the Library who is acting under the
+authority of this section shall not be liable in any action for
+copyright infringement committed by any other person unless the
+Librarian or such employee knowingly participated in the act of
+infringement committed by such person. Nothing in this section shall be
+construed to excuse or limit liability under title 17 as amended by the
+first section of this Act for any act not authorized by that title or
+this section, or for any act performed by a person not authorized to act
+under that title or this section.
+
+(d) This section may be cited as the "American Television and Radio
+Archives Act".
+
+Sec. 114. There are hereby authorized to be appropriated such funds as
+may be necessary to carry out the purposes of this Act.
+
+Sec. 115. If any provision of title 17, as amended by the first section
+of this Act, is declared unconstitutional, the validity of the remainder
+of this title is not affected.
+
+-------------------
+Appendix I Endnotes
+
+1  Part I of the Appendix contains the Transitional and Supplementary
+Provisions of the Copyright Act of 1976, Pub. L. No. 94-533, 90 Stat.
+2541, that do not amend title 17 of the *United States Code.*
+
+2  The correct reference is to "290e," not "290(e)."
+
+------------------------------------------------------------------------
+
+Appendix II. Berne Convention Implementation Act of 1988 [1]
+
+Sec. 2. Declarations.
+
+The Congress makes the following declarations:
+
+(1) The Convention for the Protection of Literary and Artistic Works,
+signed at Berne, Switzerland, on September 9, 1886, and all acts,
+protocols, and revisions thereto (hereafter in this Act referred to as
+the "Berne Convention") are not self-executing under the Constitution
+and laws of the United States.
+
+(2) The obligations of the United States under the Berne Convention may
+be performed only pursuant to appropriate domestic law.
+
+(3) The amendments made by this Act, together with the law as it exists
+on the date of the enactment of this Act, satisfy the obligations of the
+United States in adhering to the Berne Convention and no further rights
+or interests shall be recognized or created for that purpose.
+
+Sec. 3. Construction of the Berne Convention.
+
+(a) Relationship With Domestic Law.  The provisions of the Berne
+Convention-
+
+(1) shall be given effect under title 17, as amended by this Act, and
+any other relevant provision of Federal or State law, including the
+common law; and
+
+(2) shall not be enforceable in any action brought pursuant to the
+provisions of the Berne Convention itself.
+
+(b) Certain Rights Not Affected.  The provisions of the Berne Convention,
+the adherence of the United States thereto, and satisfaction of United
+States obligations thereunder, do not expand or reduce any right of an
+author of a work, whether claimed under Federal, State, or the common
+law-
+
+(1) to claim authorship of the work; or
+
+(2) to object to any distortion, mutilation, or other modification of,
+or other derogatory action in relation to, the work, that would
+prejudice the author's honor or reputation.
+
+Sec. 12. Works in the public domain.
+
+Title 17, United States Code, as amended by this Act, does not provide
+copyright protection for any work that is in the public domain in the
+United States.
+
+Sec. 13. Effective date: effect on pending cases.
+
+(a) Effective Date.  This Act and the amendments made by this Act take
+effect on the date on which the Berne Convention (as defined in section
+101 of title 17, United States Code) enters into force with respect to
+the United States. [2]
+
+(b) Effect on Pending Cases.  Any cause of action arising under title 17,
+United States Code, before the effective date of this Act shall be
+governed by the provisions of such title as in effect when the cause of
+action arose.
+
+--------------------
+Appendix II Endnotes
+
+1  Part II of the Appendix consists of provisions of the Berne
+Convention Implementation Act of 1988, Pub. L. No. 100-568, 102 Stat.
+2853, that do not amend title 17 of the *United States Code.*
+
+2  The Berne Convention entered into force in the United States on March
+1, 1989.
+
+------------------------------------------------------------------------
+
+Appendix III. Uruguay Round Agreements Act [1]
+
+Sec. 2. Definitions.
+
+For purposes of this Act:
+
+(1) GATT 1947; GATT 1994.
+
+(A) GATT 1947.  The term "GATT 1947" means the General Agreement on
+Tariffs and Trade, dated October 30, 1947, annexed to the Final Act
+Adopted at the Conclusion of the Second Session of the Preparatory
+Committee of the United Nations Conference on Trade and Employment, as
+subsequently rectified, amended, or modified by the terms of legal
+instruments which have entered into force before the date of entry into
+force of the WTO Agreement.
+
+(B) GATT 1994.  The term "GATT 1994" means the General Agreement on
+Tariffs and Trade annexed to the WTO Agreement.
+
+(2) HTS.  The term "HTS" means the Harmonized Tariff Schedule of the
+United States.
+
+(3)International trade commission.  The term "International Trade
+Commission" means the United States International Trade Commission.
+
+(4) Multilateral trade agreement.  The term "multilateral trade
+agreement" means an agreement described in section 101(d) of this Act
+(other than an agreement described in paragraph (17) or (18) of such
+section).
+
+(5) Schedule XX.  The term "Schedule XX" means Schedule XX - United States
+of America annexed to the Marrakesh Protocol to the GATT 1994.
+
+(6) Trade representative.  The term "Trade Representative" means the
+United States Trade Representative.
+
+(7) Uruguay round agreements.  The term "Uruguay Round Agreements" means
+the agreements approved by the Congress under section 101(a)(1).
+
+(8) World trade organization and WTO.  The terms "World Trade
+Organization" and "WTO" mean the organization established pursuant to
+the WTO Agreement.
+
+(9) WTO agreement.  The term "WTO Agreement" means the Agreement
+Establishing the World Trade Organization entered into on April 15,
+1994.
+
+(10) WTO member and WTO member country.  The terms "WTO member" and "WTO
+member country" mean a state, or separate customs territory (within the
+meaning of Article XII of the WTO Agreement), with respect to which the
+United States applies the WTO Agreement.
+
+Sec. 101. Approval and entry into force of the Uruguay Round Agreements.
+
+(a) Approval of Agreements and Statement of Administrative Action.
+Pursuant to section 1103 of the Omnibus Trade and Competitiveness Act of
+1988 (19 U.S.C. 2903) and section 151 of the Trade Act of 1974 (19
+U.S.C. 2191), the Congress approves-
+
+(1) the trade agreements described in subsection (d) resulting from the
+Uruguay Round of multilateral trade negotiations under the auspices of
+the General Agreement on Tariffs and Trade, entered into on April 15,
+1994, and submitted to the Congress on September 27, 1994; and
+
+(2) the statement of administrative action proposed to implement the
+agreements that was submitted to the Congress on September 27, 1994.
+
+(b) Entry Into Force.  At such time as the President determines that a
+sufficient number of foreign countries are accepting the obligations of
+the Uruguay Round Agreements, in accordance with article XIV of the WTO
+Agreement, to ensure the effective operation of, and adequate benefits
+for the United States under, those Agreements, the President may accept
+the Uruguay Round Agreements and implement article VIII of the WTO
+Agreement.
+
+(c) Authorization of Appropriations.  There are authorized to be
+appropriated annually such sums as may be necessary for the payment by
+the United States of its share of the expenses of the WTO.
+
+(d) Trade Agreements to Which This Act Applies.  Subsection (a) applies
+to the WTO Agreement and to the following agreements annexed to that
+Agreement:
+
+(1) The General Agreement on Tariffs and Trade 1994.
+
+(2) The Agreement on Agriculture.
+
+(3) The Agreement on the Application of Sanitary and Phytosanitary
+Measures.
+
+(4) The Agreement on Textiles and Clothing.
+
+(5) The Agreement on Technical Barriers to Trade.
+
+(6) The Agreement on Trade-Related Investment Measures.
+
+(7) The Agreement on Implementation of Article VI of the General
+Agreement on Tariffs and Trade 1994.
+
+(8) The Agreement on Implementation of Article VII of the General
+Agreement on Tariffs and Trade 1994.
+
+(9) The Agreement on Preshipment Inspection.
+
+(10) The Agreement on Rules of Origin.
+
+(11) The Agreement on Import Licensing Procedures.
+
+(12) The Agreement on Subsidies and Countervailing Measures.
+
+(13) The Agreement on Safeguards.
+
+(14) The General Agreement on Trade in Services.
+
+(15) The Agreement on Trade-Related Aspects of Intellectual Property
+Rights.
+
+(16) The Understanding on Rules and Procedures Governing the Settlement
+of Disputes.
+
+(17) The Agreement on Government Procurement.
+
+(18) The International Bovine Meat Agreement.
+
+Sec. 102. Relationship of the agreements to United States law and
+state law.
+
+(a) Relationship of Agreements to United States Law.
+
+(1) United states law to prevail in conflict.  No provision of any of the
+Uruguay Round Agreements, nor the application of any such provision to
+any person or circumstance, that is inconsistent with any law of the
+United States shall have effect.
+
+(2) Construction.  Nothing in this Act shall be construed
+
+(A) to amend or modify any law of the United States, including any law
+relating to-
+
+(i) the protection of human, animal, or plant life or health,
+
+(ii) the protection of the environment, or
+
+(iii) worker safety, or
+
+(B) to limit any authority conferred under any law of the United States,
+including section 301 of the Trade Act of 1974,
+
+unless specifically provided for in this Act.
+
+(b) Relationship of Agreements to State Law.-
+
+(1) Federal-State Consultation.
+
+(A) In General.  Upon the enactment of this Act, the President shall,
+through the intergovernmental policy advisory committees on trade
+established under section 306(c)(2)(A) of the Trade and Tariff Act of
+1984 (19 U.S.C. 2114c(2)(A)), consult with the States for the purpose of
+achieving conformity of State laws and practices with the Uruguay Round
+Agreements.
+
+(B) Federal-State Consultation Process.  The Trade Representative shall
+establish within the Office of the United States Trade Representative a
+Federal-State consultation process for addressing issues relating to the
+Uruguay Round Agreements that directly relate to, or will potentially
+have a direct effect on, the States. The Federal-State consultation
+process shall include procedures under which-
+
+(i) the States will be informed on a continuing basis of matters under
+the Uruguay Round Agreements that directly relate to, or will
+potentially have a direct impact on, the States;
+
+(ii) the States will be provided an opportunity to submit, on a
+continuing basis, to the Trade Representative information and advice
+with respect to matters referred to in clause (i); and
+
+(iii) the Trade Representative will take into account the information
+and advice received from the States under clause (ii) when formulating
+United States positions regarding matters referred to in clause (i).
+
+The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to
+the Federal-State consultation process established by this paragraph.
+
+(C) Federal-State Cooperation in WTO Dispute Settlement.
+
+(i) When a WTO member requests consultations with the United States
+under Article 4 of the Understanding on Rules and Procedures Governing
+the Settlement of Disputes referred to in section 101(d)(16) (hereafter
+in this subsection referred to as the "Dispute Settlement
+Understanding") concerning whether the law of a State is inconsistent
+with the obligations undertaken by the United States in any of the
+Uruguay Round Agreements, the Trade Representative shall notify the
+Governor of the State or the Governor's designee, and the chief legal
+officer of the jurisdiction whose law is the subject of the
+consultations, as soon as possible after the request is received, but in
+no event later than 7 days thereafter.
+
+(ii) Not later than 30 days after receiving such a request for
+consultations, the Trade Representative shall consult with
+representatives of the State concerned regarding the matter. If the
+consultations involve the laws of a large number of States, the Trade
+Representative may consult with an appropriate group of representatives
+of the States concerned, as determined by those States.
+
+(iii) The Trade Representative shall make every effort to ensure that
+the State concerned is involved in the development of the position of
+the United States at each stage of the consultations and each subsequent
+stage of dispute settlement proceedings regarding the matter. In
+particular, the Trade Representative shall-
+
+(I) notify the State concerned not later than 7 days after a WTO member
+requests the establishment of a dispute settlement panel or gives notice
+of the WTO member's decision to appeal a report by a dispute settlement
+panel regarding the matter; and
+
+(II) provide the State concerned with the opportunity to advise and
+assist the Trade Representative in the preparation of factual
+information and argumentation for any written or oral presentations by
+the United States in consultations or in proceedings of a panel or the
+Appellate Body regarding the matter.
+
+(iv) If a dispute settlement panel or the Appellate Body finds that the
+law of a State is inconsistent with any of the Uruguay Round Agreements,
+the Trade Representative shall consult with the State concerned in an
+effort to develop a mutually agreeable response to the report of the
+panel or the Appellate Body and shall make every effort to ensure that
+the State concerned is involved in the development of the United States
+position regarding the response.
+
+(D) Notice to States Regarding Consultations on Foreign Subcentral
+Government Laws.
+
+(i) Subject to clause (ii), the Trade Representative shall, at least 30
+days before making a request for consultations under Article 4 of the
+Dispute Settlement Understanding regarding a subcentral government
+measure of another WTO member, notify, and solicit the views of,
+appropriate representatives of each State regarding the matter.
+
+(ii) In exigent circumstances clause (i) shall not apply, in which case
+the Trade Representative shall notify the appropriate representatives of
+each State not later than 3 days after making the request for
+consultations referred to in clause (i).
+
+(2) Legal Challenge.
+
+(A) In General.  No State law, or the application of such a State law,
+may be declared invalid as to any person or circumstance on the ground
+that the provision or application is inconsistent with any of the
+Uruguay Round Agreements, except in an action brought by the United
+States for the purpose of declaring such law or application invalid.
+
+(B) Procedures Governing Action.  In any action described in subparagraph
+(A) that is brought by the United States against a State or any
+subdivision thereof
+
+(i) a report of a dispute settlement panel or the Appellate Body
+convened under the Dispute Settlement Understanding regarding the State
+law, or the law of any political subdivision thereof, shall not be
+considered as binding or otherwise accorded deference;
+
+(ii) the United States shall have the burden of proving that the law
+that is the subject of the action, or the application of that law, is
+inconsistent with the agreement in question;
+
+(iii) any State whose interests may be impaired or impeded in the action
+shall have the unconditional right to intervene in the action as a
+party, and the United States shall be entitled to amend its complaint to
+include a claim or cross-claim concerning the law of a State that so
+intervenes; and
+
+(iv) any State law that is declared invalid shall not be deemed to have
+been invalid in its application during any period before the court's
+judgment becomes final and all timely appeals, including discretionary
+review, of such judgment are exhausted.
+
+(C) Reports to Congressional Committees.  At least 30 days before the
+United States brings an action described in subparagraph (A), the Trade
+Representative shall provide a report to the Committee on Ways and Means
+of the House of Representatives and the Committee on Finance of the
+Senate-
+
+(i) describing the proposed action;
+
+(ii) describing efforts by the Trade Representative to resolve the
+matter with the State concerned by other means; and
+
+(iii) if the State law was the subject of consultations under the
+Dispute Settlement Understanding, certifying that the Trade
+Representative has substantially complied with the requirements of
+paragraph (1)(C) in connection with the matter.
+
+Following the submission of the report, and before the action is
+brought, the Trade Representative shall consult with the committees
+referred to in the preceding sentence concerning the matter.
+
+(3) Definition of State Law.  For purposes of this subsection-
+
+(A) the term "State law" includes-
+
+(i) any law of a political subdivision of a State; and
+
+(ii) any State law regulating or taxing the business of insurance; and
+
+(B) the terms "dispute settlement panel" and "Appellate Body" have the
+meanings given those terms in section 121.
+
+(c) Effect of Agreement With Respect to Private Remedies.
+
+(1) Limitations.  No person other than the United States-
+
+(A) shall have any cause of action or defense under any of the Uruguay
+Round Agreements or by virtue of congressional approval of such an
+agreement, or
+
+(B) may challenge, in any action brought under any provision of law, any
+action or inaction by any department, agency, or other instrumentality
+of the United States, any State, or any political subdivision of a State
+on the ground that such action or inaction is inconsistent with such
+agreement.
+
+(2) Intent of congress.  It is the intention of the Congress through
+paragraph (1) to occupy the field with respect to any cause of action or
+defense under or in connection with any of the Uruguay Round Agreements,
+including by precluding any person other than the United States from
+bringing any action against any State or political subdivision thereof
+or raising any defense to the application of State law under or in
+connection with any of the Uruguay Round Agreements-
+
+(A) on the basis of a judgment obtained by the United States in an
+action brought under any such agreement; or
+
+(B) on any other basis.
+
+(d) Statement of Administrative Action.  The statement of administrative
+action approved by the Congress under section 101(a) shall be regarded
+as an authoritative expression by the United States concerning the
+interpretation and application of the Uruguay Round Agreements and this
+Act in any judicial proceeding in which a question arises concerning
+such interpretation or application.
+
+Sec. 103. Implementing actions in anticipation of entry into force;
+regulations.
+
+(a) Implementing Actions.  After the date of the enactment of this Act-
+
+(1) the President may proclaim such actions, and
+
+(2) other appropriate officers of the United States Government may issue
+such regulations,
+
+as may be necessary to ensure that any provision of this Act, or
+amendment made by this Act, that takes effect on the date any of the
+Uruguay Round Agreements enters into force with respect to the United
+States is appropriately implemented on such date. Such proclamation or
+regulation may not have an effective date earlier than the date of entry
+into force with respect to the United States of the agreement to which
+the proclamation or regulation relates.
+
+(b) Regulations.  Any interim regulation necessary or appropriate to
+carry out any action proposed in the statement of administrative action
+approved under section 101(a) to implement an agreement described in
+section 101(d) (7), (12), or (13) shall be issued not later than 1 year
+after the date on which the agreement enters into force with respect to
+the United States.
+
+--------------------
+Appendix III Endnote
+
+1  Part III of the Appendix consists of provisions of the Uruguay Round
+Agreements Act, Pub. L. No. 103-465, 108 Stat. 4809, that do not amend
+title 17 of the *United States Code.*
+
+------------------------------------------------------------------------
+
+Appendix IV. GATT/Trade-Related Aspects of Intellectual
+Property Rights (TRIPs) Agreement, Part II:  [1]
+
+Section 6: Layout-Designs (Topographies) of Integrated Circuits
+
+Article 35
+
+Relation to IPIC Treaty
+
+Members agree to provide protection to the layout-designs (topographies)
+of integrated circuits (hereinafter referred to as "layout-designs") in
+accordance with Articles 2-7 (other than paragraph 3 of Article 6),
+Article 12 and paragraph 3 of Article 16 of the Treaty on Intellectual
+Property in Respect of Integrated Circuits and, in addition, to comply
+with the following provisions.
+
+Article 36
+
+Scope of the Protection [2]
+
+Subject to the provisions of paragraph 1 of Article 37 below, Members
+shall consider unlawful the following acts if performed without the
+authorization of the right holder: importing, selling, or otherwise
+distributing for commercial purposes a protected layout-design, an
+integrated circuit in which a protected layout-design is incorporated,
+or an article incorporating such an integrated circuit only insofar as
+it continues to contain an unlawfully reproduced layout-design.
+
+Article 37
+
+Acts not Requiring the Authorization of the Right Holder
+
+1. Notwithstanding Article 36 above, no Member shall consider unlawful
+the performance of any of the acts referred to in that Article in
+respect of an integrated circuit incorporating an unlawfully reproduced
+layout-design or any article incorporating such an integrated circuit
+where the person performing or ordering such acts did not know and had
+no reasonable ground to know, when acquiring the integrated circuit or
+article incorporating such an integrated circuit, that it incorporated
+an unlawfully reproduced layout-design. Members shall provide that,
+after the time that such person has received sufficient notice that the
+layout-design was unlawfully reproduced, he may perform any of the acts
+with respect to the stock on hand or ordered before such time, but shall
+be liable to pay to the right holder a sum equivalent to a reasonable
+royalty such as would be payable under a freely negotiated license in
+respect of such a layout-design.
+
+2. The conditions set out in sub-paragraphs (a)-(k) of Article 31 above
+shall apply *mutatis mutandis* in the event of any non-voluntary
+licensing of a layout-design or of its use by or for the government
+without the authorization of the right holder.
+
+Article 38
+
+Term of Protection
+
+1. In Members requiring registration as a condition of protection, the
+term of protection of layout-designs shall not end before the expiration
+of a period of ten years counted from the date of filing an application
+for registration or from the first commercial exploitation wherever in
+the world it occurs.
+
+2. In Members not requiring registration as a condition for protection,
+layout-designs shall be protected for a term of no less than ten years
+from the date of the first commercial exploitation wherever in the world
+it occurs.
+
+3. Notwithstanding paragraphs 1 and 2 above, a Member may provide that
+protection shall lapse fifteen years after the creation of the layout-
+design.
+
+--------------------
+Appendix IV Endnotes
+
+1  For an explanation of the relationship of this section of TRIPs to
+title 17 of the *United States Code*, see the second paragraph of
+endnote 8, chapter 9, *supra.*
+
+2  The term "right holder" in this section shall be understood as having
+the same meaning as the term "holder of the right" in the Treaty on
+Intellectual Property in Respect of Integrated Circuits, done at
+Washington, D.C., on May 26, 1989.
+
+------------------------------------------------------------------------
+
+Appendix V. Additional Provisions of the Digital Millennium
+Copyright Act [1]
+
+Section 1. Short Title.
+
+This Act may be cited as the "Digital Millennium Copyright Act".
+
+Title I-WIPO Treaties Implementation
+
+SEC. 101. SHORT TITLE.
+
+This title may be cited as the "WIPO Copyright and Performances and
+Phonograms Treaties Implementation Act of 1998".
+
+* * * * * * *
+
+SEC. 104. EVALUATION OF IMPACT OF COPYRIGHT LAW AND AMENDMENTS ON
+ELECTRONIC COMMERCE AND TECHNOLOGICAL DEVELOPMENT.
+
+(a) Evaluation by the Register of Copyrights and the Assistant Secretary
+for Communications and Information.  The Register of Copyrights and the
+Assistant Secretary for Communications and Information of the Department
+of Commerce shall jointly evaluate-
+
+(1) the effects of the amendments made by this title and the development
+of electronic commerce and associated technology on the operation of
+sections 109 and 117 of title 17, United States Code; and
+
+(2) the relationship between existing and emergent technology and the
+operation of sections 109 and 117 of title 17, United States Code.
+
+(b) Report to Congress.  The Register of Copyrights and the Assistant
+Secretary for Communications and Information of the Department of
+Commerce shall, not later than 24 months after the date of the enactment
+of this Act, submit to the Congress a joint report on the evaluation
+conducted under subsection (a), including any legislative
+recommendations the Register and the Assistant Secretary may have.
+
+SEC. 105. EFFECTIVE DATE.
+
+(a) In General.  Except as otherwise provided in this title, this title
+and the amendments made by this title shall take effect on the date of
+the enactment of this Act.
+
+(b) Amendments Relating to Certain International Agreements.  (1) The
+following shall take effect upon the entry into force of the WIPO
+Copyright Treaty with respect to the United States:
+
+(A) Paragraph (5) of the definition of "international agreement"
+contained in section 101 of title 17, United States Code, as amended by
+section 102(a)(4) of this Act.
+
+(B) The amendment made by section 102(a)(6) of this Act.
+
+(C) Subparagraph (C) of section 104A(h)(1) of title 17, United States
+Code, as amended by section 102(c)(1) of this Act.
+
+(D) Subparagraph (C) of section 104A(h)(3) of title 17, United States
+Code, as amended by section 102(c)(2) of this Act.
+
+(2) The following shall take effect upon the entry into force of the
+WIPO Performances and Phonograms Treaty with respect to the United
+States:
+
+(A) Paragraph (6) of the definition of "international agreement"
+contained in section 101 of title 17, United States Code, as amended by
+section 102(a)(4) of this Act.
+
+(B) The amendment made by section 102(a)(7) of this Act.
+
+(C) The amendment made by section 102(b)(2) of this Act.
+
+(D) Subparagraph (D) of section 104A(h)(1) of title 17, United States
+Code, as amended by section 102(c)(1) of this Act.
+
+(E) Subparagraph (D) of section 104A(h)(3) of title 17, United States
+Code, as amended by section 102(c)(2) of this Act.
+
+(F) The amendments made by section 102(c)(3) of this Act.
+
+* * * * * * *
+
+Title II - Online Copyright Infringement Liability Limitation
+
+SEC. 201. SHORT TITLE.
+
+This title may be cited as the "Online Copyright Infringement Liability
+Limitation Act".
+
+* * * * * * *
+
+SEC. 203. EFFECTIVE DATE.
+
+This title and the amendments made by this title shall take effect on
+the date of the enactment of this Act.
+
+* * * * * * *
+
+Title IV - Miscellaneous Provisions
+
+SEC. 401. PROVISIONS RELATING TO THE COMMISSIONER OF PATENTS AND
+TRADEMARKS AND THE REGISTER OF COPYRIGHTS-
+
+(a) Compensation.  (1) Section 3(d) of title 35, United States Code, is
+amended by striking "prescribed by law for Assistant Secretaries of
+Commerce" and inserting "in effect for level III of the Executive
+Schedule under section 5314 of title 5, United States Code".
+
+* * * * * * *
+
+(3) Section 5314 of title 5, United States Code, is amended by adding at
+the end the following:
+
+"Assistant Secretary of Commerce and Commissioner of Patents and
+Trademarks.
+
+"Register of Copyrights.".
+
+* * * * * * *
+
+SEC. 403. LIMITATIONS ON EXCLUSIVE RIGHTS; DISTANCE EDUCATION.
+
+(a) Recommendations by Register of Copyrights.  Not later than 6 months
+after the date of the enactment of this Act, the Register of Copyrights,
+after consultation with representatives of copyright owners, nonprofit
+educational institutions, and nonprofit libraries and archives, shall
+submit to the Congress recommendations on how to promote distance
+education through digital technologies, including interactive digital
+networks, while maintaining an appropriate balance between the rights of
+copyright owners and the needs of users of copyrighted works. Such
+recommendations shall include any legislation the Register of Copyrights
+considers appropriate to achieve the objective described in the
+preceding sentence.
+
+(b) Factors.  In formulating recommendations under subsection (a), the
+Register of Copyrights shall consider-
+
+(1) the need for an exemption from exclusive rights of copyright owners
+for distance education through digital networks;
+
+(2) the categories of works to be included under any distance education
+exemption;
+
+(3) the extent of appropriate quantitative limitations on the portions
+of works that may be used under any distance education exemption;
+
+(4) the parties who should be entitled to the benefits of any distance
+education exemption;
+
+(5) the parties who should be designated as eligible recipients of
+distance education materials under any distance education exemption;
+
+(6) whether and what types of technological measures can or should be
+employed to safeguard against unauthorized access to, and use or
+retention of, copyrighted materials as a condition of eligibility for
+any distance education exemption, including, in light of developing
+technological capabilities, the exemption set out in section 110(2) of
+title 17, United States Code;
+
+(7) the extent to which the availability of licenses for the use of
+copyrighted works in distance education through interactive digital
+networks should be considered in assessing eligibility for any distance
+education exemption; and
+
+(8) such other issues relating to distance education through interactive
+digital networks that the Register considers appropriate.
+
+* * * * * * *
+
+SEC. 405. SCOPE OF EXCLUSIVE RIGHTS IN SOUND RECORDINGS;
+
+EPHEMERAL RECORDINGS.
+
+(a) Scope of Exclusive Rights in Sound Recordings.
+
+* * * * * * *
+
+(5) The amendment made by paragraph (2)(B)(i)(III) of this subsection
+shall be deemed to have been enacted as part of the Digital Performance
+Right in Sound Recordings Act of 1995, and the publication of notice of
+proceedings under section 114(f)(1) of title 17, United States Code, as
+in effect upon the effective date of that Act, for the determination of
+royalty payments shall be deemed to have been made for the period
+beginning on the effective date of that Act and ending on December 1,
+2001.
+
+(6) The amendments made by this subsection do not annul, limit, or
+otherwise impair the rights that are preserved by section 114 of title
+17, United States Code, including the rights preserved by subsections
+(c), (d)(4), and (i) of such section.
+
+* * * * * * *
+
+(c) Scope of Section 112(a) of Title 17 Not Affected.
+
+Nothing in this section or the amendments made by this section shall
+affect the scope of section 112(a) of title 17, United States Code, or
+the entitlement of any person to an exemption thereunder.
+
+* * * * * * *
+
+SEC. 406. ASSUMPTION OF CONTRACTUAL OBLIGATIONS RELATED TO-
+
+TRANSFERS OF RIGHTS IN MOTION PICTURES.
+
+(a) In General.  Part VI of title 28, United States Code, is amended by
+adding at the end the following new chapter:
+
+"CHAPTER 180-ASSUMPTION OF
+CERTAIN CONTRACTUAL OBLIGATIONS
+
+"Sec. 4001. Assumption of contractual obligations related to transfers
+of rights in motion pictures.
+
+"Sec. 4001. Assumption of contractual obligations related to transfers
+of rights in motion pictures
+
+"(a) Assumption of Obligations.  (1) In the case of a transfer of
+copyright ownership under United States law in a motion picture (as the
+terms 'transfer of copyright ownership' and 'motion picture' are defined
+in section 101 of title 17) that is produced subject to 1 or more
+collective bargaining agreements negotiated under the laws of the United
+States, if the transfer is executed on or after the effective date of
+this chapter and is not limited to public performance rights, the
+transfer instrument shall be deemed to incorporate the assumption
+agreements applicable to the copyright ownership being transferred that
+are required by the applicable collective bargaining agreement, and the
+transferee shall be subject to the obligations under each such
+assumption agreement to make residual payments and provide related
+notices, accruing after the effective date of the transfer and
+applicable to the exploitation of the rights transferred, and any
+remedies under each such assumption agreement for breach of those
+obligations, as those obligations and remedies are set forth in the
+applicable collective bargaining agreement, if-
+
+"(A) the transferee knows or has reason to know at the time of the
+transfer that such collective bargaining agreement was or will be
+applicable to the motion picture; or
+
+"(B) in the event of a court order confirming an arbitration award
+against the transferor under the collective bargaining agreement, the
+transferor does not have the financial ability to satisfy the award
+within 90 days after the order is issued.
+
+"(2) For purposes of paragraph (1)(A), 'knows or has reason to know'
+means any of the following:
+
+"(A) Actual knowledge that the collective bargaining agreement was or
+will be applicable to the motion picture.
+
+"(B)(i) Constructive knowledge that the collective bargaining agreement
+was or will be applicable to the motion picture, arising from
+recordation of a document pertaining to copyright in the motion picture
+under section 205 of title 17 or from publication, at a site available
+to the public on-line that is operated by the relevant union, of
+information that identifies the motion picture as subject to a
+collective bargaining agreement with that union, if the site permits
+commercially reasonable verification of the date on which the
+information was available for access.
+
+"(ii) Clause (i) applies only if the transfer referred to in subsection
+(a)(1) occurs-
+
+"(I) after the motion picture is completed, or
+
+"(II) before the motion picture is completed and-
+
+"(aa) within 18 months before the filing of an application for
+copyright registration for the motion picture under section 408 of title
+17, or
+
+"(bb) if no such application is filed, within 18 months before the
+first publication of the motion picture in the United States.
+
+"(C) Awareness of other facts and circumstances pertaining to a
+particular transfer from which it is apparent that the collective
+bargaining agreement was or will be applicable to the motion picture.
+
+"(b) Scope of Exclusion of Transfers of Public Performance Rights.  For
+purposes of this section, the exclusion under subsection (a) of
+transfers of copyright ownership in a motion picture that are limited to
+public performance rights includes transfers to a terrestrial broadcast
+station, cable system, or programmer to the extent that the station,
+system, or programmer is functioning as an exhibitor of the motion
+picture, either by exhibiting the motion picture on its own network,
+system, service, or station, or by initiating the transmission of an
+exhibition that is carried on another network, system, service, or
+station. When a terrestrial broadcast station, cable system, or
+programmer, or other transferee, is also functioning otherwise as a
+distributor or as a producer of the motion picture, the public
+performance exclusion does not affect any obligations imposed on the
+transferee to the extent that it is engaging in such functions.
+
+"(c) Exclusion for Grants of Security Interests.  Subsection (a) shall
+not apply to-
+
+"(1) a transfer of copyright ownership consisting solely of a mortgage,
+hypothecation, or other security interest; or
+
+"(2) a subsequent transfer of the copyright ownership secured by the
+security interest described in paragraph (1) by or under the authority
+of the secured party, including a transfer through the exercise of the
+secured party's rights or remedies as a secured party, or by a
+subsequent transferee.
+
+"The exclusion under this subsection shall not affect any rights or
+remedies under law or contract.
+
+"(d) Deferral Pending Resolution of Bona Fide Dispute.
+
+"A transferee on which obligations are imposed under subsection (a) by
+virtue of paragraph (1) of that subsection may elect to defer
+performance of such obligations that are subject to a bona fide dispute
+between a union and a prior transferor until that dispute is resolved,
+except that such deferral shall not stay accrual of any union claims due
+under an applicable collective bargaining agreement.
+
+"(e) Scope of Obligations Determined by Private Agreement.  Nothing in
+this section shall expand or diminish the rights, obligations, or
+remedies of any person under the collective bargaining agreements or
+assumption agreements referred to in this section.
+
+"(f) Failure to Notify.  If the transferor under subsection (a) fails to
+notify the transferee under subsection (a) of applicable collective
+bargaining obligations before the execution of the transfer instrument,
+and subsection (a) is made applicable to the transferee solely by virtue
+of subsection (a)(1)(B), the transferor shall be liable to the
+transferee for any damages suffered by the transferee as a result of the
+failure to notify.
+
+"(g) Determination of Disputes and Claims.  Any dispute concerning the
+application of subsections (a) through (f) shall be determined by an
+action in United States district court, and the court in its discretion
+may allow the recovery of full costs by or against any party and may
+also award a reasonable attorney's fee to the prevailing party as part
+of the costs.
+
+"(h) Study.  The Comptroller General, in consultation with the Register
+of Copyrights, shall conduct a study of the conditions in the motion
+picture industry that gave rise to this section, and the impact of this
+section on the motion picture industry. The Comptroller General shall
+report the findings of the study to the Congress within 2 years after
+the effective date of this chapter."
+
+* * * * * * *
+
+SEC. 407. EFFECTIVE DATE.
+
+Except as otherwise provided in this title, this title and the
+amendments made by this title shall take effect on the date of the
+enactment of this Act.
+
+* * * * * * *
+
+Title V-Protection of Certain Original Designs
+
+SEC. 501. SHORT TITLE.
+
+This Act may be referred to as the "Vessel Hull Design Protection Act".
+
+* * * * * * *
+
+SEC. 503. CONFORMING AMENDMENTS.
+
+* * * * * * *
+
+(b) Jurisdictions of District Courts Over Design Actions.  (1) Section
+1338(c) of title 28, United States Code, is amended by inserting ", and
+to exclusive rights in designs under chapter 13 of title 17," after
+"title 17".
+
+(2)(A) The section heading for section 1338 of title 28, United States
+Code, is amended by inserting "designs," after "mask works,".
+
+(B) The item relating to section 1338 in the table of sections at the
+beginning of chapter 85 of title 28, United States Code, is amended by
+inserting "designs," after "mask works,".
+
+(c) Place for Bringing Design Actions.  (1) Section 1400(a) of title 28,
+United States Code, is amended by inserting "or designs" after "mask
+works".
+
+(2) The section heading for section 1400 of title 28, United States Code
+is amended to read as follows:
+
+"Patents and copyrights, mask works, and designs".
+
+(3) The item relating to section 1400 in the table of sections at the
+beginning of chapter 87 of title 28, United States Code, is amended to
+read as follows:
+
+"1400. Patents and copyrights, mask works, and designs.".
+
+(d) Actions Against the United States.  Section 1498(e) of title 28,
+United States Code, is amended by inserting ", and to exclusive rights
+in designs under chapter 13 of title 17," after "title 17".
+
+SEC. 504. JOINT STUDY OF THE EFFECT OF THIS TITLE [2]
+
+(a) In General.  Not later than November 1, 2003, the Register of
+Copyrights and the Commissioner of Patents and Trademarks shall submit
+to the Committees on the Judiciary of the Senate and the House of
+Representatives a joint report evaluating the effect of the amendments
+made by this title.
+
+(b) Elements for Consideration.  In carrying out subsection (a), the
+Register of Copyrights and the Commissioner of Patents and Trademarks
+shall consider-
+
+(1) the extent to which the amendments made by this title has been
+effective in suppressing infringement of the design of vessel hulls;
+
+(2) the extent to which the registration provided for in chapter 13 of
+title 17, United States Code, as added by this title, has been utilized;
+
+(3) the extent to which the creation of new designs of vessel hulls have
+been encouraged by the amendments made by this title;
+
+(4) the effect, if any, of the amendments made by this title on the
+price of vessels with hulls protected under such amendments; and
+
+(5) such other considerations as the Register and the Commissioner may
+deem relevant to accomplish the purposes of the evaluation conducted
+under subsection (a).
+
+SEC. 505. EFFECTIVE DATE. [3]
+
+The amendments made by sections 502 and 503 shall take effect on the
+date of the enactment of this Act.
+
+-------------------
+Appendix V Endnotes
+
+1  Part V of the Appendix contains 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.
+
+------------------------------------------------------------------------
+
+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 nations if its dates of publication are within 30 days of one
+another.
+
+-------------------
+Appendix VI Endnote
+
+1  For a discussion of the legislative history of the definition of
+"Berne Convention work," see endnote 2, chapter 1, *supra.*
+
+------------------------------------------------------------------------
+
+Appendix VII. Selected Provisions of the U.S. Code Relating to Copyright
+
+Title 18 - Crimes and Criminal Procedure
+
+Part I - Crimes
+
+Chapter 113 - Stolen Property
+
+* * * * * * *
+
+Sec.  2318. Trafficking in counterfeit labels for phonorecords, copies
+of computer programs or computer program documentation or packaging, and
+copies of motion pictures or other audio visual works, and trafficking
+in counterfeit computer program documentation or packaging. [1]
+
+(a) Whoever, in any of the circumstances described in subsection (c) of
+this section, knowingly traffics in a counterfeit label affixed or
+designed to be affixed to a phonorecord, or a copy of a computer program
+or documentation or packaging for a computer program, or a copy of a
+motion picture or other audiovisual work, and whoever, in any of the
+circumstances described in subsection (c) of this section, knowingly
+traffics in counterfeit documentation or packaging for a computer
+program, shall be fined under this title or imprisoned for not more than
+five years, or both.
+
+(b) As used in this section-
+
+(1) the term "counterfeit label" means an identifying label or container
+that appears to be genuine, but is not;
+
+(2) the term "traffic" means to transport, transfer or otherwise dispose
+of, to another, as consideration for anything of value or to make or
+obtain control of with intent to so transport, transfer or dispose of;
+and
+
+(3) the terms "copy", "phonorecord", "motion picture", "computer
+program", and "audiovisual work" have, respectively, the meanings given
+those terms in section 101 (relating to definitions) of title 17.
+
+(c) The circumstances referred to in subsection (a) of this section are-
+
+(1) the offense is committed within the special maritime and territorial
+jurisdiction of the United States; or within the special aircraft
+jurisdiction of the United States (as defined in section 46501 of title
+49);
+
+(2) the mail or a facility of interstate or foreign commerce is used or
+intended to be used in the commission of the offense;
+
+(3) the counterfeit label is affixed to or encloses, or is designed to
+be affixed to or enclose, a copy of a copyrighted computer program or
+copyrighted documentation or packaging for a computer program, a
+copyrighted motion picture or other audiovisual work, or a phonorecord
+of a copyrighted sound recording; or
+
+(4) the counterfeited documentation or packaging for a computer program
+is copyrighted.
+
+(d) When any person is convicted of any violation of subsection (a), the
+court in its judgment of conviction shall in addition to the penalty
+therein prescribed, order the forfeiture and destruction or other
+disposition of all counterfeit labels and all articles to which
+counterfeit labels have been affixed or which were intended to have had
+such labels affixed.
+
+(e) Except to the extent they are inconsistent with the provisions of
+this title, all provisions of section 509, title 17, United States Code,
+are applicable to violations of subsection (a).
+
+Sec.  2319. Criminal infringement of a copyright [2]
+
+(a) Whoever violates section 506(a) (relating to criminal offenses) of
+title 17 shall be punished as provided in subsections (b) and (c) of
+this section and such penalties shall be in addition to any other
+provisions of title 17 or any other law.
+
+(b) Any person who commits an offense under section 506 (a)(1) of title
+17-
+
+(1) shall be imprisoned not more than 5 years, or fined in the amount
+set forth in this title, or both, if the offense consists of the
+reproduction or distribution, including by electronic means, during any
+180-day period, of at least 10 copies or phonorecords, of 1 or more
+copyrighted works, which have a total retail value of more than $2,500;
+
+(2) shall be imprisoned not more than 10 years, or fined in the amount
+set forth in this title, or both, if the offense is a second or
+subsequent offense under paragraph (1); and
+
+(3) shall be imprisoned not more than 1 year, or fined in the amount set
+forth in this title, or both, in any other case.
+
+(c) Any person who commits an offense under section 506(a)(2) of title
+17, United States Code-
+
+(1) shall be imprisoned not more than 3 years, or fined in the amount
+set forth in this title, or both, if the offense consists of the
+reproduction or distribution of 10 or more copies or phonorecords of 1
+or more copyrighted works, which have a total retail value of $2,500 or
+more;
+
+(2) shall be imprisoned not more than 6 years, or fined in the amount
+set forth in this title, or both, if the offense is a second or
+subsequent offense under paragraph (1); and
+
+(3) shall be imprisoned not more than 1 year, or fined in the amount set
+forth in this title, or both, if the offense consists of the
+reproduction or distribution of 1 or more copies or phonorecords of 1 or
+more copyrighted works, which have a total retail value of more than
+$1,000.
+
+(d) (1) During preparation of the presentence report pursuant to Rule
+32(c) of the Federal Rules of Criminal Procedure, victims of the offense
+shall be permitted to submit, and the probation officer shall receive, a
+victim impact statement that identifies the victim of the offense and
+the extent and scope of the injury and loss suffered by the victim,
+including the estimated economic impact of the offense on that victim.
+
+(2) Persons permitted to submit victim impact statements shall include-
+
+(A) producers and sellers of legitimate works affected by conduct
+involved in the offense;
+
+(B) holders of intellectual property rights in such works; and
+
+(C) the legal representatives of such producers, sellers, and holders.
+
+(e) As used in this section-
+
+(1) the terms "phonorecord" and "copies" have, respectively, the
+meanings set forth in section 101 (relating to definitions) of title 17;
+and
+
+(2) the terms "reproduction" and "distribution" refer to the exclusive
+rights of a copyright owner under clauses (1) and (3) respectively of
+section 106 (relating to exclusive rights in copyrighted works), as
+limited by sections 107 through 120, of title 17.
+
+Sec.  2319A. Unauthorized fixation of and trafficking in sound recordings
+and music videos of live musical performances [3]
+
+(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) Victim Impact Statement.
+
+(1) During preparation of the presentence report pursuant to Rule 32(c)
+of the Federal Rules of Criminal Procedure, victims of the offense shall
+be permitted to submit, and the probation officer shall receive, a
+victim impact statement that identifies the victim of the offense and
+the extent and scope of the injury and loss suffered by the victim,
+including the estimated economic impact of the offense on that victim.
+
+(2) Persons permitted to submit victim impact statements shall include-
+
+(A) producers and sellers of legitimate works affected by conduct
+involved in the offense;
+
+(B) holders of intellectual property rights in such works; and
+
+(C) the legal representatives of such producers, sellers, and holders.
+
+(e) 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.
+
+(f) 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.
+
+* * * * * * *
+
+Title 28 - Judiciary and Judicial Procedure
+
+Part IV - Jurisdiction and Venue
+
+Chapter 85 - District Courts; Jurisdiction
+
+* * * * * * *
+
+Sec.  1338. Patents, plant variety protection, copyrights, mask works,
+trade-marks, and unfair competition {4}
+
+(a) The district courts shall have original jurisdiction of any civil
+action arising under any Act of Congress relating to patents, plant
+variety protection, copyrights and trade-marks. Such jurisdiction shall
+be exclusive of the courts of the states in patent, plant variety
+protection and copyright cases.
+
+(b) The district courts shall have original jurisdiction of any civil
+action asserting a claim of unfair competition when joined with a
+substantial and related claim under the copyright, patent, plant variety
+protection or trade-mark laws.
+
+(c) Subsections (a) and (b) apply to exclusive rights in mask works
+under chapter 9 of title 17 to the same extent as such subsections apply
+to copyrights.
+
+* * * * * * * * *
+
+Chapter 91 - United States Court of Federal Claims
+
+* * * * * * * * *
+
+Sec.  1498. Patent and copyright cases [5]
+
+* * * * * * * * *
+
+(b) Hereafter, whenever the copyright in any work protected under the
+copyright laws of the United States shall be infringed by the United
+States, by a corporation owned or controlled by the United States, or by
+a contractor, subcontractor, or any person, firm, or corporation acting
+for the Government and with the authorization or consent of the
+Government, the exclusive action which may be brought for such
+infringement shall be an action by the copyright owner against the
+United States in the Court of Federal Claims for the recovery of his
+reasonable and entire compensation as damages for such infringement,
+including the minimum statutory damages as set forth in section 504(c)
+of title 17, United States Code: Provided, That a Government employee
+shall have a right of action against the Government under this
+subsection except where he was in a position to order, influence, or
+induce use of the copyrighted work by the Government: Provided, however,
+That this subsection shall not confer a right of action on any copyright
+owner or any assignee of such owner with respect to any copyrighted work
+prepared by a person while in the employment or service of the United
+States, where the copyrighted work was prepared as a part of the
+official functions of the employee, or in the preparation of which
+Government time, material, or facilities were used: And provided
+further, That before such action against the United States has been
+instituted the appropriate corporation owned or controlled by the United
+States or the head of the appropriate department or agency of the
+Government, as the case may be, is authorized to enter into an agreement
+with the copyright owner in full settlement and compromise for the
+damages accruing to him by reason of such infringement and to settle the
+claim administratively out of available appropriations.
+
+Except as otherwise provided by law, no recovery shall be had for any
+infringement of a copyright covered by this subsection committed more
+than three years prior to the filing of the complaint or counterclaim
+for infringement in the action, except that the period between the date
+of receipt of a written claim for compensation by the Department or
+agency of the Government or corporation owned or controlled by the
+United States, as the case may be, having authority to settle such claim
+and the date of mailing by the Government of a notice to the claimant
+that his claim has been denied shall not be counted as a part of the
+three years, unless suit is brought before the last-mentioned date.
+
+(c) The provisions of this section shall not apply to any claim arising
+in a foreign country.
+
+* * * * * * * * * *
+
+(e) Subsections (b) and (c) of this section apply to exclusive rights in
+mask works under chapter 9 of title 17 to the same extent as such
+subsections apply to copyrights.
+
+* * * * * * * * * *
+
+Title 44 - Public Printing and Documents
+
+Chapter 21 - National Archives and Records Administration
+
+* * * * * * * * * *
+
+Sec.  2117. Limitation on liability [6]
+
+When letters and other intellectual productions (exclusive of patented
+material, published works under copyright protection, and unpublished
+works for which copyright registration has been made) come into the
+custody or possession of the Archivist, the United States or its agents
+are not liable for infringement of copyright or analogous rights arising
+out of use of the materials for display, inspection, research,
+reproduction, or other purposes.
+
+---------------------
+Appendix VII Endnotes
+
+1  In 1962, section 2318, entitled "Transportation, sale, or receipt of
+phonograph records bearing forged or counterfeit labels," was added to
+title 18 of the *United States Code.* Pub. L. No. 87-773, 76 Stat. 775.
+In 1974, section 2318 was amended to change the penalties. Pub. L. No.
+93-573, 88 Stat. 1873. The Copyright Act of 1976 revised section 2318
+with an amendment in the nature of a substitute. Pub. L. No. 94-553, 90
+Stat. 2541, 2600. The Piracy and Counterfeiting Amendments Act of 1982
+again revised section 2318 with an amendment in the nature of a
+substitute that included a new title, "Trafficking in counterfeit labels
+for phonorecords, and copies of motion pictures or other audiovisual
+works." Pub. L. No. 97-180, 96 Stat. 91. The Crime Control Act of 1990
+made a technical amendment to section 2318 to delete the comma after
+"phonorecords" in the title. Pub. L. No. 101-647, 104 Stat. 4789, 4928.
+In 1994, section 2318(c)(1) was amended by inserting "section 46501 of
+title 49" in lieu of "section 101 of the Federal Aviation Act of 1958.
+Pub. L. No. 103-272, 108 Stat. 745, 1374. The Violent Crime Control and
+Law Enforcement Act of 1994 amended section 2318(a) by inserting "under
+this title" in lieu of "not more than $250,000." Pub. L. No. 103-322,
+108 Stat. 1796, 2148. (As provided in 18 U.S.C. Sec. 3571, the maximum
+fine for an individual is $250,000, and the maximum fine for an
+organization is $500,000.)
+
+The Anticounterfeiting Consumer Protection Act of 1996 amended section
+2318 by changing the title, by amending subsection (a) to insert "a
+computer program or documentation" through to "knowingly traffics in
+counterfeit documentation or packaging for a computer program" in lieu
+of "a motion picture or other audiovisual work" and by amending
+subsection (b)(3) to insert "computer program" after "motion picture."
+Pub. L. No. 104-153, 110 Stat. 1386. The Act also amended section
+2318(c) by inserting "a copy of a copyrighted computer program or
+copyrighted documentation or packaging for a computer program" into
+paragraph (3) and by adding paragraph (4). *Id.* at 1387.
+
+2  The Piracy and Counterfeiting Amendments Act of 1982 added section
+2319 to title 18 of the *United States Code.* Pub. L. No. 97-180, 96
+Stat. 91, 92. In 1992, section 2319 was amended by substituting a new
+subsection (b), by deleting "sound recording," "motion picture" and
+"audiovisual work" from subsection (c)(1) and by substituting "120" for
+"118" in subsection (c)(2). Pub. L. No. 102-561, 106 Stat. 4233. In
+1997, a technical amendment corrected the spelling of "last" in
+subsection (b)(1) to "least." Pub. L. No. 105-80, 111 Stat. 1529, 1536.
+
+In 1997, the No Electronic Theft Act amended section 2319 of title 18 as
+follows: 1) in subsection (a) by inserting "and (c)" after "subsection
+(b),"; 2) in subsection (b), in the matter preceding paragraph (1), by
+inserting "section 506(a)(1) of title 17" in lieu of "subsection (a) of
+this section,"; 3) in subsection (b)(1) by inserting "including by
+electronic means" and by inserting "which have a total retail value" in
+lieu of "with a retail value," 4) by redesignating subsection (c) as
+subsection (e); and 5) by adding new subsections (c) and (d). Pub. L.
+No. 105-147, 111 Stat. 2678. The Act also directed the United States
+Sentencing Commission to "ensure that the applicable guideline range for
+a defendant convicted of a crime against intellectual property . . . is
+sufficiently stringent to deter such a crime" and to "ensure that the
+guidelines provide for consideration of the retail value and quantity of
+the items with respect to which the crime against intellectual property
+was committed."* Id.* See also endnote 5, chapter 5, *supra.*
+
+3  In 1994, the Uruguay Round Agreements Act added section 2319A to
+title 18 of the *United States Code.* Pub. L. No. 103-465, 108 Stat.
+4809, 4974. In 1997, the No Electronic Theft Act amended section 2319A
+by redesignating subsections (d) and (e) as subsections (e) and (f),
+respectively, and by adding subsection (d). Pub. L. No. 105-147, 111
+Stat. 2678. See also endnote 2, *supra*, regarding the United States
+Sentencing Commission.
+
+4  In 1948, section 1338, entitled "Patents, copyrights, trade-marks,
+and unfair competition," was added to title 28 of the *United States
+Code.* Pub. L. No. 773, 62 Stat. 869, 931. In 1970, the title of section
+1338 and the text of subsection (b) were amended to insert "plant
+variety protection" after "patent." Pub. L. No. 91-577, 84 Stat. 1542,
+1559. In 1988, the Judicial Improvements and Access to Justice Act
+amended section 1338 by adding "mask works" to the title and by adding
+subsection (c). Pub. L. No. 100-702, 102 Stat. 4642, 4671.
+
+5  In 1960, section 1498 of the *United States Code* was amended to add
+subsections (b) and (c). Pub. L. No. 86-726, 74 Stat. 855. The Copyright
+Act of 1976 amended section 1498(b) to insert "section 504(c) of title
+17" in lieu of "section 101(b) of title 17." Pub. L. No. 94-553, 90
+Stat. 2541, 2599. The Federal Courts Improvement Act of 1982 amended
+section 1498(a) to insert "United States Claims Court" in lieu of "Court
+of Claims" and, in subsections (b) and (d), to insert "Claims Court" in
+lieu of "Court of Claims," wherever it appeared. Pub. L. No. 97-164, 96
+Stat. 25, 40. In 1988, the Judicial Improvements and Access to Justice
+Act amended section 1498 by adding subsection (e). Pub. L. No. 100-702,
+102 Stat. 4642, 4671. The Federal Courts Administration Act of 1992
+amended section 1498 by inserting "United States Court of Federal
+Claims" in lieu of "United States Claims Court," wherever it appeared,
+and by inserting "Court of Federal Claims" in lieu of "Claims Court,"
+wherever it appeared. Pub. L. No. 102-572, 106 Stat. 4506, 4516. In
+1997, the No Electronic Theft (NET) Act amended section 1498(b) to
+insert "action which may be brought for such infringement shall be an
+action by the copyright owner" in lieu of "remedy of the owner of such
+copyright shall be by action." Pub. L. No. 105-147, 111 Stat. 2678,
+2680.
+
+6  In 1968, section 2113, entitled "Limitation on liability," was added
+to title 44 of the *United States Code.* Pub. L. No. 90-620, 82 Stat.
+1238, 1291. The Copyright Act of 1976 amended section 2113 in its
+entirety. Pub. L. No. 94-553, 90 Stat. 2541, 2599. The National Archives
+and Records Administration Act of 1984 amended section 2113 by
+redesignating it as section 2117 and by inserting "Archivist" in lieu of
+"Administrator of General Services." Pub. L. No. 98-497, 98 Stat. 2280
+and 2286.
+
+------------------------------------------------------------------------
+
+09-Aug-2001
+
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+End of the Project Gutenberg EBook of Copyright Law of the United States of
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+Prepared by George Davis.
+
+Copyright Law of the United States of America
+
+and
+
+Related Laws Contained in Title 17 of the *United States Code*
+
+Circular 92
+
+------------------------------------------------------------------------
+Contents
+
+  + The Constitutional Provision Respecting Copyright
+  + Preface
+  + Chapter 1 - Subject Matter and Scope of Copyright
+  + Chapter 2 - Copyright Ownership and Transfer
+  + Chapter 3 - Duration of Copyright
+  + Chapter 4 - Copyright Notice, Deposit, and Registration
+  + Chapter 5 - Copyright Infringement and Remedies
+  + Chapter 6 - Manufacturing Requirements and Importation
+  + Chapter 7 - Copyright Office
+  + Chapter 8 - Copyright Arbitration Royalty Panels
+  + Chapter 9 - Protection of Semiconductor Chip Products
+  + Chapter 10 - Digital Audio Recording Devices and Media
+  + Chapter 11 - Sound Recordings and Music Videos
+  + Chapter 12 - Copyright Protection and Management Systems
+  + Chapter 13 - Protection of Original Designs
+  + Appendix I. Transitional and Supplementary Provisions of the
+                Copyright Act of 1976
+  + Appendix II. Berne Convention Implementation Act of 1988
+  + Appendix III. Uruguay Round Agreements Act
+  + Appendix IV. GATT/Trade-Related Aspects of Intellectual Property
+                 Rights (TRIPs) Agreement, Part II, Section 6:
+                 Layout-Designs (Topographies) of Integrated Circuits
+  + Appendix V. Additional Provisions of the Digital Millennium
+                Copyright Act
+  + Appendix VI. Definition of "Berne Convention Work"
+  + Appendix VII. Selected Provisions of the U.S. Code Relating to
+                  Copyright
+
+------------------------------------------------------------------------
+
+The Constitutional Provision Respecting Copyright
+
+The Congress shall have Power ... To promote the Progress of Science and
+useful Arts, by securing for limited Times to Authors and Inventors the
+exclusive Right to their respective Writings and Discoveries
+
+(United States Constitution, Article I, Section 8)
+
+------------------------------------------------------------------------
+
+Preface
+
+This volume contains the text of title 17 of the *United States Code*,
+including all amendments enacted through the end of the second session
+of the 106th Congress in 2000. It includes the Copyright Act of 1976 and
+all subsequent amendments to copyright law; the Semiconductor Chip
+Protection Act of 1984, as amended; and the Vessel Hull Design
+Protection Act, as amended. The Copyright Office is responsible for
+registering claims under all three.
+
+The United States copyright law is contained in chapters 1 through 8 and
+10 through 12 of title 17 of the *United States Code.* The Copyright Act
+of 1976, which provides the basic framework for the current copyright
+law, was enacted on October 19, 1976 as Pub. L. No. 94-553, 90 Stat.
+2541. Listed below in chronological order of their enactment are
+subsequent amendments to copyright law.
+
+Chapters 9 and 13 of title 17 contain statutory design protection that
+is independent of copyright protection. Chapter 9 of title 17 is the
+Semiconductor Chip Protection Act of 1984 (SCPA), as amended. On
+November 8, 1984, the SCPA was enacted as title III of Pub. L. No.
+98-620, 98 Stat. 3335, 3347. Chapter 13 of title 17 is the Vessel Hull
+Design Protection Act (VHDPA). It was enacted on October 28, 1998 as
+title V of the Digital Millennium Copyright Act (DMCA), Pub. L. No.
+105-304, 112 Stat. 2860, 2905. Subsequent amendments to the SCPA and the
+VHDPA are also included in the list below, in chronological order of
+their enactment.
+
+For transitional and supplementary copyright provisions that were
+enacted as part of the Copyright Act of 1976 and the DMCA, but which do
+not amend title 17, see the Appendix.
+
+Statutory Enactments Contained in Title 17 of the *United States Code*
+
+  + [Copyright Act of 1976], Pub. L. No. 94-553, 90 Stat. 2541 (for the
+general revision of copyright law, title 17 of the *United States Code*,
+and for other purposes), October 19, 1976.
+
+  + Legislative Branch Appropriation Act, 1978, Pub. L. No. 95-94, 91
+Stat. 653, 682 (amending Sec. 203 and 708, title 17, *United States Code*,
+regarding the deposit of moneys by the Register of Copyrights in the
+Treasury of the United States), enacted August 5, 1977.
+
+  + [Copyright Amendments], Pub. L. No. 95-598, 92 Stat. 2549, 2676
+(amending Sec. 201(e), title 17, *United States Code*, to permit
+involuntary transfer under the Bankruptcy Law), enacted November 6, 1978.
+
+  + [Copyright Amendments], Pub. L. No. 96-517, 94 Stat. 3015, 3028
+(amending Sec. 101 and 117, title 17, *United States Code*, regarding
+computer programs), enacted December 12, 1980.
+
+  + Piracy and Counterfeiting Amendments Act of 1982, Pub. L. No.
+97-180, 96 Stat. 91, 93 (amending Sec. 506(a), title 17, *United States
+Code* and title 18 of the *United States Code*), enacted May 24, 1982.
+
+  + [Copyright Amendments], Pub. L. No. 97-215, 96 Stat. 178 (amending
+the manufacturing clause in chapter 6, title 17, *United States Code*),
+enacted July 13, 1982.
+
+  + [Copyright Amendments], Pub. L. No. 97-366, 96 Stat. 1759 (amending
+Sec. 110 and Sec. 708, title 17, *United States Code*, regarding the
+redesignation of registration fees as filing fees, and the exemption
+from copyright liability of certain performances of nondramatic literary
+or musical works), enacted October 25, 1982.
+
+  + Record Rental Amendment of 1984, Pub. L. No. 98-450, 98 Stat. 1727
+(amending Sec. 109 and Sec. 115, title 17, *United States Code*, with
+respect to rental, lease or lending of sound recordings), enacted
+October 4, 1984.
+
+  + Semiconductor Chip Protection Act of 1984, title III of Pub. L. No.
+98-620, 98 Stat. 3335, 3347 (adding chapter 9, title 17, *United States
+Code*, to provide design protection for semiconductor chips), November
+8, 1984.
+
+  + [Copyright Amendments], Pub. L. No. 99-397, 100 Stat. 848 (amending
+Sec. 111 and Sec. 801, title 17, *United States Code*, to clarify the
+definition of the local service area of a primary transmitter in the
+case of a low power television station), enacted on August 27, 1986.
+
+  + [Amendments to the Semiconductor Chip Protection Act of 1984], Pub.
+L. No. 100-159, 101 Stat. 899 (amending chapter 9, title 17, *United
+States Code*, regarding protection extended to semiconductor chip
+products of foreign entities), enacted November 9, 1987.
+
+  + Berne Convention Implementation Act of 1988, Pub. L. No. 100-568,
+102 Stat. 2853, enacted October 31, 1988. (See the Appendix for certain
+provisions of this Act that do not amend title 17 of the *United States
+Code.*)
+
+  + [Copyright Amendments], Pub. L. No. 100-617, 102 Stat. 3194
+(extending for an additional eight-year period certain provisions of
+title 17, *United States Code*, relating to the rental of sound
+recordings and for other purposes), enacted November 5, 1988.
+
+  + Satellite Home Viewer Act of 1988, title II of Pub. L. No. 100-667,
+102 Stat. 3935, 3949, enacted November 16, 1988.
+
+  + Judicial Improvements and Access to Justice Act, Pub. L. No.
+100-702, 102 Stat. 4642, 4672 (amending Sec. 912, title 17, *United States
+Code*), enacted November 19, 1988.
+
+  + Copyright Fees and Technical Amendments Act of 1989, Pub. L. No.
+101-318, 104 Stat. 287, enacted on July 3, 1990.
+
+  + Copyright Royalty Tribunal Reform and Miscellaneous Pay Act of 1989,
+Pub. L. No. 101-319, 104 Stat. 290, enacted July 3, 1990.
+
+  + Copyright Remedy Clarification Act, Pub. L. No. 101-553, 104 Stat.
+2749, enacted November 15, 1990.
+
+  + Visual Artists Rights Act of 1990, title VI of the Judicial
+Improvements Act of 1990, Pub. L. No. 101-650, 104 Stat. 5089, 5128,
+enacted December 1, 1990.
+
+  + Architectural Works Copyright Protection Act, title VII of the
+Judicial Improvements Act of 1990, Pub. L. No. 101-650, 104 Stat. 5089,
+5133, enacted December 1, 1990.
+
+  + Computer Software Rental Amendments Act of 1990, title VIII of the
+Judicial Improvements Act of 1990, Pub. L. No. 101-650, 104 Stat 5089,
+5134, enacted December 1, 1990.
+
+  + Semiconductor International Protection Extension Act of 1991, Pub.
+L. No. 102-64, 105 Stat. 320 (amending chapter 9, title 17, *United
+States Code*, regarding protection extended to semiconductor chip
+products of foreign entities), enacted June 28, 1991.
+
+  + Copyright Amendments Act of 1992, Pub. L. No. 102-307, 106 Stat.
+264, 272 (amending title 17 of the *United States Code*, by deleting
+subsection 108(i) in its entirety), enacted June 26, 1992.
+
+  + Copyright Renewal Act of 1992, title I of the Copyright Amendments
+Act of 1992, Pub. L. No. 102-307, 106 Stat. 264, enacted June 26, 1992.
+
+  + [Copyright Amendments], Pub. L. No. 102-492, 106 Stat. 3145
+(amending Sec. 107, title 17, *United States Code*, regarding unpublished
+works), enacted October 24, 1992.
+
+  + [Copyright Amendments], Pub. L. No. 102-561, 106 Stat. 4233
+(amending Sec. 2319, title 18, *United States Code*, regarding criminal
+penalties for copyright infringement), enacted October 28, 1992.
+
+  + Audio Home Recording Act of 1992, Pub. L. No. 102-563, 106 Stat.
+4237 (amending title 17 of the *United States Code* by adding a new
+chapter 10), enacted October 28, 1992.
+
+  + North American Free Trade Agreement Implementation Act, Pub. L. No.
+103-182, 107 Stat. 2057, 2114 and 2115 (amending Sec. 109, title 17,
+*United States Code*, and adding a new Sec. 104A), enacted December 8,
+1993.
+
+  + Copyright Royalty Tribunal Reform Act of 1993, Pub. L. No. 103-198,
+107 Stat. 2304 (amending, *inter alia*, chapter 8, title 17, *United
+States Code*), enacted December 17, 1993.
+
+  + Satellite Home Viewer Act of 1994, Pub. L. No. 103-369, 108 Stat.
+3477 (amending, *inter alia*, Sec. 111 and Sec. 119, title 17, *United
+States Code*, relating to the definition of a local service area of a
+primary transmitter), enacted October 18, 1994.
+
+  + Uruguay Round Agreements Act, Pub. L. No. 103-465, 108 Stat. 4809,
+4973 (amending, *inter alia*, Sec. 104A, title 17, *United States Code*,
+and adding a new chapter 11), enacted December 8, 1994. (See the
+Appendix for the text of certain provisions of this Act that do not
+amend title 17 of the *United States Code.*)
+
+  + Digital Performance Right in Sound Recordings Act of 1995, Pub. L.
+No. 104-39, 109 Stat. 336 (amending, *inter alia*, Sec. 114 and Sec. 115,
+title 17, *United States Code*), enacted November 1, 1995.
+
+  + Anticounterfeiting Consumer Protection Act of 1996, Pub. L. No.
+104-153, 110 Stat. 1386, 1388 (amending Sec. 603(c), title 17, *United
+States Code* and Sec. 2318, title 18, *United States Code*), enacted
+July 2, 1996.
+
+  + Legislative Branch Appropriations Act, 1997, Pub. L. No. 104-197,
+110 Stat. 2394, 2416 (amending*, inter alia*, title 17 of the *United
+States Code*, by adding a new Sec. 121 concerning the limitation on
+exclusive copyrights for literary works in specialized format for the
+blind and disabled), enacted September 16, 1996.
+
+  + [Copyright Amendments and Amendments to the Semiconductor Chip
+Protection Act of 1984], Pub. L. No. 105-80, 111 Stat. 1529 (making
+technical amendments to certain provisions of title 17, *United States
+Code*), enacted November 13, 1997.
+
+  + No Electronic Theft (NET) Act, Pub. L. No. 105-147, 111 Stat. 2678,
+enacted December 16, 1997.
+
+  + Sonny Bono Copyright Term Extension Act, title I of Pub. L. No.
+105-298, 112 Stat. 2827 (amending chapter 3, title 17, *United States
+Code*, to extend the term of copyright protection for most works to life
+plus 70 years), enacted October 27, 1998.
+
+  + Fairness in Music Licensing Act of 1998, title II of Pub. L. No.
+105-298, 112 Stat. 2827, 2830 (amending, *inter alia*, Sec. 110, title 17,
+*United States Code*, and adding Sec. 513 to provide a music licensing
+exemption for food service and drinking establishments), enacted October
+27, 1998.
+
+  + Digital Millennium Copyright Act, Pub. L. No. 105-304, 112 Stat.
+2860, 2887 (title IV amending Sec. 108, 112, 114, chapter 7 and chapter
+8, title 17, *United States Code*), enacted October 28, 1998. (This Act
+also contains four separate acts within titles I, II, III and V that
+amended title 17 of the *United States Code.* These four acts are each
+separately listed below. See the Appendix for additional provisions of
+this Act that do not amend title 17 of the *United States Code.*)
+
+  + WIPO Copyright and Performances and Phonograms Treaties
+Implementation Act of 1998, title I of the Digital Millennium Copyright
+Act, Pub. L. No. 105-304, 112 Stat. 2860, 2861 (amending title 17 of the
+*United States Code*, *inter alia*, to add a new chapter 12 which
+prohibits circumvention of copyright protection systems and provides
+protection for copyright management information), enacted October 28,
+1998.
+
+  + Online Copyright Infringement Liability Limitation Act, title II of
+the Digital Millennium Copyright Act, Pub. L. No. 105-304, 112 Stat.
+2860, 2877 (amending title 17 of the *United States Code*, to add a new
+Sec. 512), enacted October 28, 1998.
+
+  + Computer Maintenance Competition Assurance Act, title III of the
+Digital Millennium Copyright Act, Pub. L. No. 105-304, 112 Stat. 2860,
+2886 (amending Sec. 117, title 17, *United States Code*), enacted October
+28, 1998.
+
+  + Vessel Hull Design Protection Act, title V of the Digital Millennium
+Copyright Act, Pub. L. No. 105-304, 112 Stat. 2860, 2905 (adding chapter
+13, title 17, *United States Code*, to provide design protection for
+vessel hulls), enacted October 28, 1998.
+
+  + [Copyright Amendments and Amendments to the Vessel Hull Design
+Protection Act], Pub. L. No. 106-44, 113 Stat. 221 (making technical
+corrections to title 17 of the *United States Code*), enacted August 5,
+1999.
+
+  + Satellite Home Viewer Improvement Act of 1999, title I of the
+Intellectual Property and Communications Omnibus Reform Act of 1999,
+Pub. L. No. 106-113, 113 Stat. 1501, app. I (amending chapters 1 and 5
+of title 17 of the *United States Code* to replace the Satellite Home
+Viewer Act of 1994 and amending chapters 12 and 13 of title 17), enacted
+November 29, 1999.
+
+  + Digital Theft Deterrence and Copyright Damages Improvement Act of
+1999, Pub. L. No. 106-160, 113 Stat 1774, (amending chapter 5 of title
+17 of the *United States Code* to increase statutory damages for
+copyright infringement), enacted December 9, 1999.
+
+  + Work Made for Hire and Copyright Corrections Act of 2000, Pub. L.
+No. 106-379, 114 Stat. 1444 (amending the definition of work made for
+hire in title 17 of the *United States Code*, amending chapter 7 of
+title 17, including changing the language regarding Copyright Office
+fees, and making other technical and conforming amendments to title 17),
+enacted October 27, 2000.
+
+------------------------------------------------------------------------
+
+Chapter 1
+
+Subject Matter and Scope of Copyright
+
+  + 101. Definitions
+  + 102. Subject matter of copyright: In general
+  + 103. Subject matter of copyright: Compilations and derivative works
+  + 104. Subject matter of copyright: National origin
+  + 104A. Copyright in restored works
+  + 105. Subject matter of copyright: United States Government works
+  + 106. Exclusive rights in copyrighted works
+  + 106A. Rights of certain authors to attribution and integrity
+  + 107. Limitations on exclusive rights: Fair use
+  + 108. Limitations on exclusive rights: Reproduction by libraries and
+         archives
+  + 109. Limitations on exclusive rights: Effect of transfer of
+         particular copy or phonorecord
+  + 110. Limitations on exclusive rights: Exemption of certain
+         performances and displays
+  + 111. Limitations on exclusive rights: Secondary transmissions
+  + 112. Limitations on exclusive rights: Ephemeral recordings
+  + 113. Scope of exclusive rights in pictorial, graphic, and sculptural
+         works
+  + 114. Scope of exclusive rights in sound recordings
+  + 115. Scope of exclusive rights in nondramatic musical works:
+         Compulsory license for making and distributing phonorecords
+  + 116. Negotiated licenses for public performances by means of coin-
+         operated phonorecord players
+  + 117. Limitations on exclusive rights: Computer programs [1]
+  + 118. Scope of exclusive rights: Use of certain works in connection
+         with noncommercial broadcasting
+  + 119. Limitations on exclusive rights: Secondary transmissions of
+         superstations and network stations for private home viewing
+  + 120. Scope of exclusive rights in architectural works
+  + 121. Limitations on exclusive rights: reproduction for blind or
+         other people with disabilities
+  + 122. Limitations on exclusive rights; secondary transmissions by
+         satellite carriers within local market
+
+
+Section 101. Definitions [2]
+
+Except as otherwise provided in this title, as used in this title, the
+following terms and their variant forms mean the following:
+
+An "anonymous work" is a work on the copies or phonorecords of which no
+natural person is identified as author.
+
+An "architectural work" is the design of a building as embodied in any
+tangible medium of expression, including a building, architectural
+plans, or drawings. The work includes the overall form as well as the
+arrangement and composition of spaces and elements in the design, but
+does not include individual standard features. [3]
+
+"Audiovisual works" are works that consist of a series of related images
+which are intrinsically intended to be shown by the use of machines or
+devices such as projectors, viewers, or electronic equipment, together
+with accompanying sounds, if any, regardless of the nature of the
+material objects, such as films or tapes, in which the works are
+embodied.
+
+The "Berne Convention" is the Convention for the Protection of Literary
+and Artistic Works, signed at Berne, Switzerland, on September 9, 1886,
+and all acts, protocols, and revisions thereto. [4]
+
+The "best edition" of a work is the edition, published in the United
+States at any time before the date of deposit, that the Library of
+Congress determines to be most suitable for its purposes.
+
+A person's "children" are that person's immediate offspring, whether
+legitimate or not, and any children legally adopted by that person.
+
+A "collective work" is a work, such as a periodical issue, anthology, or
+encyclopedia, in which a number of contributions, constituting separate
+and independent works in themselves, are assembled into a collective
+whole.
+
+A "compilation" is a work formed by the collection and assembling of
+preexisting materials or of data that are selected, coordinated, or
+arranged in such a way that the resulting work as a whole constitutes an
+original work of authorship. The term "compilation" includes collective
+works.
+
+"Copies" are material objects, other than phonorecords, in which a work
+is fixed by any method now known or later developed, and from which the
+work can be perceived, reproduced, or otherwise communicated, either
+directly or with the aid of a machine or device. The term "copies"
+includes the material object, other than a phonorecord, in which the
+work is first fixed.
+
+"Copyright owner", with respect to any one of the exclusive rights
+comprised in a copyright, refers to the owner of that particular right.
+
+A work is "created" when it is fixed in a copy or phonorecord for the
+first time; where a work is prepared over a period of time, the portion
+of it that has been fixed at any particular time constitutes the work as
+of that time, and where the work has been prepared in different
+versions, each version constitutes a separate work.
+
+A "derivative work" is a work based upon one or more preexisting works,
+such as a translation, musical arrangement, dramatization,
+fictionalization, motion picture version, sound recording, art
+reproduction, abridgment, condensation, or any other form in which a
+work may be recast, transformed, or adapted. A work consisting of
+editorial revisions, annotations, elaborations, or other modifications,
+which, as a whole, represent an original work of authorship, is a
+"derivative work".
+
+A "device", "machine", or "process" is one now known or later developed.
+
+A "digital transmission" is a transmission in whole or in part in a
+digital or other non-analog format. [5]
+
+To "display" a work means to show a copy of it, either directly or by
+means of a film, slide, television image, or any other device or process
+or, in the case of a motion picture or other audiovisual work, to show
+individual images nonsequentially.
+
+An "establishment" is a store, shop, or any similar place of business
+open to the general public for the primary purpose of selling goods or
+services in which the majority of the gross square feet of space that is
+nonresidential is used for that purpose, and in which nondramatic
+musical works are performed publicly. [6]
+
+A "food service or drinking establishment" is a restaurant, inn, bar,
+tavern, or any other similar place of business in which the public or
+patrons assemble for the primary purpose of being served food or drink,
+in which the majority of the gross square feet of space that is
+nonresidential is used for that purpose, and in which nondramatic
+musical works are performed publicly. [7]
+
+The term "financial gain" includes receipt, or expectation of receipt,
+of anything of value, including the receipt of other copyrighted works.
+[8]
+
+A work is "fixed" in a tangible medium of expression when its embodiment
+in a copy or phonorecord, by or under the authority of the author, is
+sufficiently permanent or stable to permit it to be perceived,
+reproduced, or otherwise communicated for a period of more than
+transitory duration. A work consisting of sounds, images, or both, that
+are being transmitted, is "fixed" for purposes of this title if a
+fixation of the work is being made simultaneously with its transmission.
+
+The "Geneva Phonograms Convention" is the Convention for the Protection
+of Producers of Phonograms Against Unauthorized Duplication of Their
+Phonograms, concluded at Geneva, Switzerland, on October 29, 1971. [9]
+
+The "gross square feet of space" of an establishment means the entire
+interior space of that establishment, and any adjoining outdoor space
+used to serve patrons, whether on a seasonal basis or otherwise. [10]
+
+The terms "including" and "such as" are illustrative and not limitative.
+
+An "international agreement" is-
+
+(1) the Universal Copyright Convention;
+(2) the Geneva Phonograms Convention;
+(3) the Berne Convention;
+(4) the WTO Agreement;
+(5) the WIPO Copyright Treaty; [11]
+(6) the WIPO Performances and Phonograms Treaty; [12] and
+(7) any other copyright treaty to which the United States is a party. [13]
+
+A "joint work" is a work prepared by two or more authors with the
+intention that their contributions be merged into inseparable or
+interdependent parts of a unitary whole.
+
+"Literary works" are works, other than audiovisual works, expressed in
+words, numbers, or other verbal or numerical symbols or indicia,
+regardless of the nature of the material objects, such as books,
+periodicals, manuscripts, phonorecords, film, tapes, disks, or cards, in
+which they are embodied.
+
+"Motion pictures" are audiovisual works consisting of a series of
+related images which, when shown in succession, impart an impression of
+motion, together with accompanying sounds, if any.
+
+To "perform" a work means to recite, render, play, dance, or act it,
+either directly or by means of any device or process or, in the case of
+a motion picture or other audiovisual work, to show its images in any
+sequence or to make the sounds accompanying it audible.
+
+A "performing rights society" is an association, corporation, or other
+entity that licenses the public performance of nondramatic musical works
+on behalf of copyright owners of such works, such as the American
+Society of Composers, Authors and Publishers (ASCAP), Broadcast Music,
+Inc. (BMI), and SESAC, Inc. [14]
+
+"Phonorecords" are material objects in which sounds, other than those
+accompanying a motion picture or other audiovisual work, are fixed by
+any method now known or later developed, and from which the sounds can
+be perceived, reproduced, or otherwise communicated, either directly or
+with the aid of a machine or device. The term "phonorecords" includes
+the material object in which the sounds are first fixed.
+
+"Pictorial, graphic, and sculptural works" include two-dimensional and
+three-dimensional works of fine, graphic, and applied art, photographs,
+prints and art reproductions, maps, globes, charts, diagrams, models,
+and technical drawings, including architectural plans. Such works shall
+include works of artistic craftsmanship insofar as their form but not
+their mechanical or utilitarian aspects are concerned; the design of a
+useful article, as defined in this section, shall be considered a
+pictorial, graphic, or sculptural work only if, and only to the extent
+that, such design incorporates pictorial, graphic, or sculptural
+features that can be identified separately from, and are capable of
+existing independently of, the utilitarian aspects of the article. [15]
+
+For purposes of section 513, a "proprietor" is an individual,
+corporation, partnership, or other entity, as the case may be, that owns
+an establishment or a food service or drinking establishment, except
+that no owner or operator of a radio or television station licensed by
+the Federal Communications Commission, cable system or satellite
+carrier, cable or satellite carrier service or programmer, provider of
+online services or network access or the operator of facilities
+therefor, telecommunications company, or any other such audio or
+audiovisual service or programmer now known or as may be developed in
+the future, commercial subscription music service, or owner or operator
+of any other transmission service, shall under any circumstances be
+deemed to be a proprietor. [16]
+
+A "pseudonymous work" is a work on the copies or phonorecords of which
+the author is identified under a fictitious name.
+
+"Publication" is the distribution of copies or phonorecords of a work to
+the public by sale or other transfer of ownership, or by rental, lease,
+or lending. The offering to distribute copies or phonorecords to a group
+of persons for purposes of further distribution, public performance, or
+public display, constitutes publication. A public performance or display
+of a work does not of itself constitute publication.
+
+To perform or display a work "publicly" means-
+
+(1) to perform or display it at a place open to the public or at any
+place where a substantial number of persons outside of a normal circle
+of a family and its social acquaintances is gathered; or
+
+(2) to transmit or otherwise communicate a performance or display of the
+work to a place specified by clause (1) or to the public, by means of
+any device or process, whether the members of the public capable of
+receiving the performance or display receive it in the same place or in
+separate places and at the same time or at different times.
+
+"Registration", for purposes of sections 205(c)(2), 405, 406, 410(d),
+411, 412, and 506(e), means a registration of a claim in the original or
+the renewed and extended term of copyright. [17]
+
+"Sound recordings" are works that result from the fixation of a series
+of musical, spoken, or other sounds, but not including the sounds
+accompanying a motion picture or other audiovisual work, regardless of
+the nature of the material objects, such as disks, tapes, or other
+phonorecords, in which they are embodied.
+
+"State" includes the District of Columbia and the Commonwealth of Puerto
+Rico, and any territories to which this title is made applicable by an
+Act of Congress.
+
+A "transfer of copyright ownership" is an assignment, mortgage,
+exclusive license, or any other conveyance, alienation, or hypothecation
+of a copyright or of any of the exclusive rights comprised in a
+copyright, whether or not it is limited in time or place of effect, but
+not including a nonexclusive license.
+
+A "transmission program" is a body of material that, as an aggregate,
+has been produced for the sole purpose of transmission to the public in
+sequence and as a unit.
+
+To "transmit" a performance or display is to communicate it by any
+device or process whereby images or sounds are received beyond the place
+from which they are sent.
+
+A "treaty party" is a country or intergovernmental organization other
+than the United States that is a party to an international agreement. [18]
+
+The "United States", when used in a geographical sense, comprises the
+several States, the District of Columbia and the Commonwealth of Puerto
+Rico, and the organized territories under the jurisdiction of the United
+States Government.
+
+For purposes of section 411, a work is a "United States work" only if:
+
+(1) in the case of a published work, the work is first published-
+
+(A) in the United States;
+
+(B) simultaneously in the United States and another treaty party or
+parties, whose law grants a term of copyright protection that is the
+same as or longer than the term provided in the United States;
+
+(C) simultaneously in the United States and a foreign nation that is not
+a treaty party; or
+
+(D) in a foreign nation that is not a treaty party, and all of the
+authors of the work are nationals, domiciliaries, or habitual residents
+of, or in the case of an audiovisual work legal entities with
+headquarters in, the United States;
+
+(2) in the case of an unpublished work, all the authors of the work are
+nationals, domiciliaries, or habitual residents of the United States,
+or, in the case of an unpublished audiovisual work, all the authors are
+legal entities with headquarters in the United States; or
+
+(3) in the case of a pictorial, graphic, or sculptural work incorporated
+in a building or structure, the building or structure is located in the
+United States. [19]
+
+A "useful article" is an article having an intrinsic utilitarian
+function that is not merely to portray the appearance of the article or
+to convey information. An article that is normally a part of a useful
+article is considered a "useful article".
+
+The author's "widow" or "widower" is the author's surviving spouse under
+the law of the author's domicile at the time of his or her death,
+whether or not the spouse has later remarried.
+
+The "WIPO Copyright Treaty" is the WIPO Copyright Treaty concluded at
+Geneva, Switzerland, on December 20, 1996. [20]
+
+The "WIPO Performances and Phonograms Treaty" is the WIPO Performances
+and Phonograms Treaty concluded at Geneva, Switzerland, on December 20,
+1996. [21]
+
+A "work of visual art" is-
+
+(1) a painting, drawing, print or sculpture, existing in a single copy,
+in a limited edition of 200 copies or fewer that are signed and
+consecutively numbered by the author, or, in the case of a sculpture, in
+multiple cast, carved, or fabricated sculptures of 200 or fewer that are
+consecutively numbered by the author and bear the signature or other
+identifying mark of the author; or
+
+(2) a still photographic image produced for exhibition purposes only,
+existing in a single copy that is signed by the author, or in a limited
+edition of 200 copies or fewer that are signed and consecutively
+numbered by the author.
+
+A work of visual art does not include-
+
+(A)(i) any poster, map, globe, chart, technical drawing, diagram, model,
+applied art, motion picture or other audiovisual work, book, magazine,
+newspaper, periodical, data base, electronic information service,
+electronic publication, or similar publication;
+
+(ii) any merchandising item or advertising, promotional, descriptive,
+covering, or packaging material or container;
+
+(iii) any portion or part of any item described in clause (i) or (ii);
+
+(B) any work made for hire; or
+
+(C) any work not subject to copyright protection under this title. [22]
+
+A "work of the United States Government" is a work prepared by an
+officer or employee of the United States Government as part of that
+person's official duties.
+
+A "work made for hire" is-
+
+(1) a work prepared by an employee within the scope of his or her
+employment; or
+
+(2) a work specially ordered or commissioned for use as a contribution
+to a collective work, as a part of a motion picture or other audiovisual
+work, as a translation, as a supplementary work, as a compilation, as an
+instructional text, as a test, as answer material for a test, or as an
+atlas, if the parties expressly agree in a written instrument signed by
+them that the work shall be considered a work made for hire. For the
+purpose of the foregoing sentence, a "supplementary work" is a work
+prepared for publication as a secondary adjunct to a work by another
+author for the purpose of introducing, concluding, illustrating,
+explaining, revising, commenting upon, or assisting in the use of the
+other work, such as forewords, afterwords, pictorial illustrations,
+maps, charts, tables, editorial notes, musical arrangements, answer
+material for tests, bibliographies, appendixes, and indexes, and an
+"instructional text" is a literary, pictorial, or graphic work prepared
+for publication and with the purpose of use in systematic instructional
+activities.
+
+In determining whether any work is eligible to be considered a work made
+for hire under paragraph (2), neither the amendment contained in section
+1011(d) of the Intellectual Property and Communications Omnibus Reform
+Act of 1999, as enacted by section 1000(a)(9) of Public Law 106-113, nor
+the deletion of the words added by that amendment--
+
+(A) shall be considered or otherwise given any legal significance, or
+
+(B) shall be interpreted to indicate congressional approval or
+disapproval of, or acquiescence in, any judicial determination,
+
+by the courts or the Copyright Office. Paragraph (2) shall be
+interpreted as if both section 2(a)(1) of the Work Made For Hire and
+Copyright Corrections Act of 2000 and section 1011(d) of the
+Intellectual Property and Communications Omnibus Reform Act of 1999, as
+enacted by section 1000(a)(9) of Public Law 106-113, were never enacted,
+and without regard to any inaction or awareness by the Congress at any
+time of any judicial determinations. [23]
+
+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. {24}
+
+A "computer program" is a set of statements or instructions to be used
+directly or indirectly in a computer in order to bring about a certain
+result. [25]
+
+
+Section 102. Subject matter of copyright: In general [26]
+
+(a) Copyright protection subsists, in accordance with this title, in
+original works of authorship fixed in any tangible medium of expression,
+now known or later developed, from which they can be perceived,
+reproduced, or otherwise communicated, either directly or with the aid
+of a machine or device. Works of authorship include the following
+categories:
+
+(1) literary works;
+(2) musical works, including any accompanying words;
+(3) dramatic works, including any accompanying music;
+(4) pantomimes and choreographic works;
+(5) pictorial, graphic, and sculptural works;
+(6) motion pictures and other audiovisual works;
+(7) sound recordings; and
+(8) architectural works.
+(b) In no case does copyright protection for an original work of
+authorship extend to any idea, procedure, process, system, method of
+operation, concept, principle, or discovery, regardless of the form in
+which it is described, explained, illustrated, or embodied in such work.
+
+
+Section 103. Subject matter of copyright: Compilations and derivative
+works
+
+(a) The subject matter of copyright as specified by section 102 includes
+compilations and derivative works, but protection for a work employing
+preexisting material in which copyright subsists does not extend to any
+part of the work in which such material has been used unlawfully.
+
+(b) The copyright in a compilation or derivative work extends only to
+the material contributed by the author of such work, as distinguished
+from the preexisting material employed in the work, and does not imply
+any exclusive right in the preexisting material. The copyright in such
+work is independent of, and does not affect or enlarge the scope,
+duration, ownership, or subsistence of, any copyright protection in the
+preexisting material.
+
+
+Section 104. Subject matter of copyright: National origin [27]
+
+(a) Unpublished Works.  The works specified by sections 102 and 103,
+while unpublished, are subject to protection under this title without
+regard to the nationality or domicile of the author.
+
+(b) Published Works.  The works specified by sections 102 and 103, when
+published, are subject to protection under this title if-
+
+(1) on the date of first publication, one or more of the authors is a
+national or domiciliary of the United States, or is a national,
+domiciliary, or sovereign authority of a treaty party, or is a stateless
+person, wherever that person may be domiciled; or
+
+(2) the work is first published in the United States or in a foreign
+nation that, on the date of first publication, is a treaty party; or
+
+(3) the work is a sound recording that was first fixed in a treaty
+party; or
+
+(4) the work is a pictorial, graphic, or sculptural work that is
+incorporated in a building or other structure, or an architectural work
+that is embodied in a building and the building or structure is located
+in the United States or a treaty party; or
+
+(5) the work is first published by the United Nations or any of its
+specialized agencies, or by the Organization of American States; or
+
+(6) the work comes within the scope of a Presidential proclamation.
+Whenever the President finds that a particular foreign nation extends,
+to works by authors who are nationals or domiciliaries of the United
+States or to works that are first published in the United States,
+copyright protection on substantially the same basis as that on which
+the foreign nation extends protection to works of its own nationals and
+domiciliaries and works first published in that nation, the President
+may by proclamation extend protection under this title to works 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 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 a proclamation.
+
+For purposes of paragraph (2), a work that is published in the United
+States or a treaty party within 30 days after publication in a foreign
+nation that is not a treaty party shall be considered to be first
+published in the United States or such treaty party, as the case may be.
+
+(c) Effect of Berne Convention.  No right or interest in a work eligible
+for protection under this title may be claimed by virtue of, or in
+reliance upon, the provisions of the Berne Convention, or the adherence
+of the United States thereto. Any rights in a work eligible for
+protection under this title that derive from this title, other Federal
+or State statutes, or the common law, shall not be expanded or reduced
+by virtue of, or in reliance upon, the provisions of the Berne
+Convention, or the adherence of the United States thereto.
+
+(d) Effect of Phonograms Treaties.  Notwithstanding the provisions of
+subsection (b), no works other than sound recordings shall be eligible
+for protection under this title solely by virtue of the adherence of the
+United States to the Geneva Phonograms Convention or the WIPO
+Performances and Phonograms Treaty. [28]
+
+
+Section 104A. Copyright in restored works [29]
+
+(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
+person's 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 owner's agent) or
+the owner of an exclusive right therein (or such owner's 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 owner's agent) or
+the owner of an exclusive right therein (or such owner's 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 subparagraphs 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 restored work is an eligible country
+on such date, or
+
+(ii) before the date on which the source country of the restored work
+becomes an eligible country, if that country is not an eligible country
+on such date of enactment, a reliance party may continue to exploit that
+derivative 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 party's
+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 owner's 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.
+
+(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 owner's 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;
+
+(B) a WTO member country;
+
+(C) a nation adhering to the WIPO Copyright Treaty;  [30]
+
+(D) a nation adhering to the WIPO Performances and Phonograms Treaty; [31]
+or
+
+(E) subject to a Presidential proclamation under subsection (g).
+
+(2) The "date of restoration" of a restored copyright is-
+
+(A) January 1, 1996, 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
+
+(A) becomes a WTO member country after the date of the enactment of the
+Uruguay Round Agreements Act;
+
+(B) on such date of enactment is, or after such date of enactment
+becomes, a nation adhering to the Berne Convention;
+
+(C) adheres to the WIPO Copyright Treaty;  [32]
+
+(D) adheres to the WIPO Performances and Phonograms Treaty; [33] or
+
+(E) after such date of enactment becomes subject to a proclamation under
+subsection (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;
+
+(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; and
+
+(E) if the source country for the work is an eligible country solely by
+virtue of its adherence to the WIPO Performances and Phonograms Treaty,
+is a sound recording. [34]
+
+(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, of which the majority of foreign authors or rightholders
+are nationals or domiciliaries; 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.
+
+
+Section 105. Subject matter of copyright: United States Government
+             works [35]
+
+Copyright protection under this title is not available for any work of
+the United States Government, but the United States Government is not
+precluded from receiving and holding copyrights transferred to it by
+assignment, bequest, or otherwise.
+
+
+Section 106. Exclusive rights in copyrighted works [36]
+
+Subject to sections 107 through 121, the owner of copyright under this
+title has the exclusive rights to do and to authorize any of the
+following:
+
+(1) to reproduce the copyrighted work in copies or phonorecords;
+
+(2) to prepare derivative works based upon the copyrighted work;
+
+(3) to distribute copies or phonorecords of the copyrighted work to the
+public by sale or other transfer of ownership, or by rental, lease, or
+lending;
+
+(4) in the case of literary, musical, dramatic, and choreographic works,
+pantomimes, and motion pictures and other audiovisual works, to perform
+the copyrighted work publicly;
+
+(5) in the case of literary, musical, dramatic, and choreographic works,
+pantomimes, and pictorial, graphic, or sculptural works, including the
+individual images of a motion picture or other audiovisual work, to
+display the copyrighted work publicly; and
+
+(6) in the case of sound recordings, to perform the copyrighted work
+publicly by means of a digital audio transmission.
+
+
+Section 106A. Rights of certain authors to attribution and integrity [37]
+
+(a) Rights of Attribution and Integrity.   Subject to section 107 and
+independent of the exclusive rights provided in section 106, the author
+of a work of visual art
+
+(1) shall have the right-
+
+(A) to claim authorship of that work, and
+
+(B) to prevent the use of his or her name as the author of any work of
+visual art which he or she did not create;
+
+(2) shall have the right to prevent the use of his or her name as the
+author of the work of visual art in the event of a distortion,
+mutilation, or other modification of the work which would be prejudicial
+to his or her honor or reputation; and
+
+(3) subject to the limitations set forth in section 113(d), shall have
+the right-
+
+(A) to prevent any intentional distortion, mutilation, or other
+modification of that work which would be prejudicial to his or her honor
+or reputation, and any intentional distortion, mutilation, or
+modification of that work is a violation of that right, and
+
+(B) to prevent any destruction of a work of recognized stature, and any
+intentional or grossly negligent destruction of that work is a violation
+of that right.
+
+(b) Scope and Exercise of Rights.  Only the author of a work of visual
+art has the rights conferred by subsection (a) in that work, whether or
+not the author is the copyright owner. The authors of a joint work of
+visual art are coowners of the rights conferred by subsection (a) in
+that work.
+
+(c) Exceptions.-  (1) The modification of a work of visual art which is
+the result of the passage of time or the inherent nature of the
+materials is not a distortion, mutilation, or other modification
+described in subsection (a)(3)(A).
+
+(2) The modification of a work of visual art which is the result of
+conservation, or of the public presentation, including lighting and
+placement, of the work is not a destruction, distortion, mutilation, or
+other modification described in subsection (a)(3) unless the
+modification is caused by gross negligence.
+
+(3) The rights described in paragraphs (1) and (2) of subsection (a)
+shall not apply to any reproduction, depiction, portrayal, or other use
+of a work in, upon, or in any connection with any item described in
+subparagraph (A) or (B) of the definition of "work of visual art" in
+section 101, and any such reproduction, depiction, portrayal, or other
+use of a work is not a destruction, distortion, mutilation, or other
+modification described in paragraph (3) of subsection (a).
+
+(d) Duration of Rights.-  (1) With respect to works of visual art created
+on or after the effective date set forth in section 610(a) of the Visual
+Artists Rights Act of 1990, the rights conferred by subsection (a) shall
+endure for a term consisting of the life of the author.
+
+(2) With respect to works of visual art created before the effective
+date set forth in section 610(a) of the Visual Artists Rights Act of
+1990, but title to which has not, as of such effective date, been
+transferred from the author, the rights conferred by subsection (a)
+shall be coextensive with, and shall expire at the same time as, the
+rights conferred by section 106.
+
+(3) In the case of a joint work prepared by two or more authors, the
+rights conferred by subsection (a) shall endure for a term consisting of
+the life of the last surviving author.
+
+(4) All terms of the rights conferred by subsection (a) run to the end
+of the calendar year in which they would otherwise expire.
+
+(e) Transfer and Waiver.-  (1) The rights conferred by subsection (a) may
+not be transferred, but those rights may be waived if the author
+expressly agrees to such waiver in a written instrument signed by the
+author. Such instrument shall specifically identify the work, and uses
+of that work, to which the waiver applies, and the waiver shall apply
+only to the work and uses so identified. In the case of a joint work
+prepared by two or more authors, a waiver of rights under this paragraph
+made by one such author waives such rights for all such authors.
+
+(2) Ownership of the rights conferred by subsection (a) with respect to
+a work of visual art is distinct from ownership of any copy of that
+work, or of a copyright or any exclusive right under a copyright in that
+work. Transfer of ownership of any copy of a work of visual art, or of a
+copyright or any exclusive right under a copyright, shall not constitute
+a waiver of the rights conferred by subsection (a). Except as may
+otherwise be agreed by the author in a written instrument signed by the
+author, a waiver of the rights conferred by subsection (a) with respect
+to a work of visual art shall not constitute a transfer of ownership of
+any copy of that work, or of ownership of a copyright or of any
+exclusive right under a copyright in that work.
+
+
+Section 107. Limitations on exclusive rights: Fair use [38]
+
+Notwithstanding the provisions of sections 106 and 106A, the fair use of
+a copyrighted work, including such use by reproduction in copies or
+phonorecords or by any other means specified by that section, for
+purposes such as criticism, comment, news reporting, teaching (including
+multiple copies for classroom use), scholarship, or research, is not an
+infringement of copyright. In determining whether the use made of a work
+in any particular case is a fair use the factors to be considered shall
+include-
+
+(1) the purpose and character of the use, including whether such use is
+of a commercial nature or is for nonprofit educational purposes;
+
+(2) the nature of the copyrighted work;
+
+(3) the amount and substantiality of the portion used in relation to the
+copyrighted work as a whole; and
+
+(4) the effect of the use upon the potential market for or value of the
+copyrighted work.
+
+The fact that a work is unpublished shall not itself bar a finding of
+fair use if such finding is made upon consideration of all the above
+factors.
+
+
+Section 108. Limitations on exclusive rights: Reproduction by libraries
+and archives [39]
+
+(a) Except as otherwise provided in this title and notwithstanding the
+provisions of section 106, it is not an infringement of copyright for a
+library or archives, or any of its employees acting within the scope of
+their employment, to reproduce no more than one copy or phonorecord of a
+work, except as provided in subsections (b) and (c), or to distribute
+such copy or phonorecord, under the conditions specified by this
+section, if-
+
+(1) the reproduction or distribution is made without any purpose of
+direct or indirect commercial advantage;
+
+(2) the collections of the library or archives are (i) open to the
+public, or (ii) available not only to researchers affiliated with the
+library or archives or with the institution of which it is a part, but
+also to other persons doing research in a specialized field; and
+
+(3) the reproduction or distribution of the work includes a notice of
+copyright that appears on the copy or phonorecord that is reproduced
+under the provisions of this section, or includes a legend stating that
+the work may be protected by copy-right if no such notice can be found
+on the copy or phonorecord that is reproduced under the provisions of
+this section.
+
+(b) The rights of reproduction and distribution under this section apply
+to three copies or phonorecords of an unpublished work duplicated solely
+for purposes of preservation and security or for deposit for research
+use in another library or archives of the type described by clause (2)
+of subsection (a), if-
+
+(1) the copy or phonorecord reproduced is currently in the collections
+of the library or archives; and
+
+(2) any such copy or phonorecord that is reproduced in digital format is
+not otherwise distributed in that format and is not made available to
+the public in that format outside the premises of the library or
+archives.
+
+(c) The right of reproduction under this section applies to three copies
+or phonorecords of a published work duplicated solely for the purpose of
+replacement of a copy or phonorecord that is damaged, deteriorating,
+lost, or stolen, or if the existing format in which the work is stored
+has become obsolete, if-
+
+(1) the library or archives has, after a reasonable effort, determined
+that an unused replacement cannot be obtained at a fair price; and
+
+(2) any such copy or phonorecord that is reproduced in digital format is
+not made available to the public in that format outside the premises of
+the library or archives in lawful possession of such copy.
+
+For purposes of this subsection, a format shall be considered obsolete
+if the machine or device necessary to render perceptible a work stored
+in that format is no longer manufactured or is no longer reasonably
+available in the commercial marketplace.
+
+(d) The rights of reproduction and distribution under this section apply
+to a copy, made from the collection of a library or archives where the
+user makes his or her request or from that of another library or
+archives, of no more than one article or other contribution to a
+copyrighted collection or periodical issue, or to a copy or phonorecord
+of a small part of any other copyrighted work, if-
+
+(1) the copy or phonorecord becomes the property of the user, and the
+library or archives has had no notice that the copy or phonorecord would
+be used for any purpose other than private study, scholarship, or
+research; and
+
+(2) the library or archives displays prominently, at the place where
+orders are accepted, and includes on its order form, a warning of
+copyright in accordance with requirements that the Register of
+Copyrights shall prescribe by regulation.
+
+(e) The rights of reproduction and distribution under this section apply
+to the entire work, or to a substantial part of it, made from the
+collection of a library or archives where the user makes his or her
+request or from that of another library or archives, if the library or
+archives has first determined, on the basis of a reasonable
+investigation, that a copy or phonorecord of the copyrighted work cannot
+be obtained at a fair price, if-
+
+(1) the copy or phonorecord becomes the property of the user, and the
+library or archives has had no notice that the copy or phonorecord would
+be used for any purpose other than private study, scholarship, or
+research; and
+
+(2) the library or archives displays prominently, at the place where
+orders are accepted, and includes on its order form, a warning of
+copyright in accordance with requirements that the Register of
+Copyrights shall prescribe by regulation.
+
+(f) Nothing in this section-
+
+(1) shall be construed to impose liability for copyright infringement
+upon a library or archives or its employees for the unsupervised use of
+reproducing equipment located on its premises: *Provided*, That such
+equipment displays a notice that the making of a copy may be subject to
+the copyright law;
+
+(2) excuses a person who uses such reproducing equipment or who requests
+a copy or phonorecord under subsection (d) from liability for copyright
+infringement for any such act, or for any later use of such copy or
+phonorecord, if it exceeds fair use as provided by section 107;
+
+(3) shall be construed to limit the reproduction and distribution by
+lending of a limited number of copies and excerpts by a library or
+archives of an audiovisual news program, subject to clauses (1), (2),
+and (3) of subsection (a); or
+
+(4) in any way affects the right of fair use as provided by section 107,
+or any contractual obligations assumed at any time by the library or
+archives when it obtained a copy or phonorecord of a work in its
+collections.
+
+(g) The rights of reproduction and distribution under this section
+extend to the isolated and unrelated reproduction or distribution of a
+single copy or phonorecord of the same material on separate occasions,
+but do not extend to cases where the library or archives, or its
+employee-
+
+(1) is aware or has substantial reason to believe that it is engaging in
+the related or concerted reproduction or distribution of multiple copies
+or phonorecords of the same material, whether made on one occasion or
+over a period of time, and whether intended for aggregate use by one or
+more individuals or for separate use by the individual members of a
+group; or
+
+(2) engages in the systematic reproduction or distribution of single or
+multiple copies or phonorecords of material described in subsection (d):
+*Provided*, That nothing in this clause prevents a library or archives
+from participating in interlibrary arrangements that do not have, as
+their purpose or effect, that the library or archives receiving such
+copies or phonorecords for distribution does so in such aggregate
+quantities as to substitute for a subscription to or purchase of such
+work.
+
+(h)(1) For purposes of this section, during the last 20 years of any
+term of copyright of a published work, a library or archives, including
+a nonprofit educational institution that functions as such, may
+reproduce, distribute, display, or perform in facsimile or digital form
+a copy or phonorecord of such work, or portions thereof, for purposes of
+preservation, scholarship, or research, if such library or archives has
+first determined, on the basis of a reasonable investigation, that none
+of the conditions set forth in subparagraphs (A), (B), and (C) of
+paragraph (2) apply.
+
+(2) No reproduction, distribution, display, or performance is authorized
+under this subsection if=
+
+(A) the work is subject to normal commercial exploitation;
+
+(B) a copy or phonorecord of the work can be obtained at a reasonable
+price; or
+
+(C) the copyright owner or its agent provides notice pursuant to
+regulations promulgated by the Register of Copyrights that either of the
+conditions set forth in subparagraphs (A) and (B) applies.
+
+(3) The exemption provided in this subsection does not apply to any
+subsequent uses by users other than such library or archives.
+
+(i) The rights of reproduction and distribution under this section do
+not apply to a musical work, a pictorial, graphic or sculptural work, or
+a motion picture or other audiovisual work other than an audiovisual
+work dealing with news, except that no such limitation shall apply with
+respect to rights granted by subsections (b) and (c), or with respect to
+pictorial or graphic works published as illustrations, diagrams, or
+similar adjuncts to works of which copies are reproduced or distributed
+in accordance with subsections (d) and (e).
+
+
+Section 109. Limitations on exclusive rights: Effect of transfer of
+particular copy or phonorecord [40]
+
+(a) Notwithstanding the provisions of section 106(3), the owner of a
+particular copy or phonorecord lawfully made under this title, or any
+person authorized by such owner, is entitled, without the authority of
+the copyright owner, to sell or otherwise dispose of the possession of
+that copy or phonorecord. 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.
+
+(b)(1)(A) Notwithstanding the provisions of subsection (a), unless
+authorized by the owners of copyright in the sound recording or the
+owner of copyright in a computer program (including any tape, disk, or
+other medium embodying such program), and in the case of a sound
+recording in the musical works embodied therein, neither the owner of a
+particular phonorecord nor any person in possession of a particular copy
+of a computer program (including any tape, disk, or other medium
+embodying such program), may, for the purposes of direct or indirect
+commercial advantage, dispose of, or authorize the disposal of, the
+possession of that phonorecord or computer program (including any tape,
+disk, or other medium embodying such program) by rental, lease, or
+lending, or by any other act or practice in the nature of rental, lease,
+or lending. Nothing in the preceding sentence shall apply to the rental,
+lease, or lending of a phonorecord for nonprofit purposes by a nonprofit
+library or nonprofit educational institution. The transfer of possession
+of a lawfully made copy of a computer program by a nonprofit educational
+institution to another nonprofit educational institution or to faculty,
+staff, and students does not constitute rental, lease, or lending for
+direct or indirect commercial purposes under this subsection.
+
+(B) This subsection does not apply to-
+
+(i) a computer program which is embodied in a machine or product and
+which cannot be copied during the ordinary operation or use of the
+machine or product; or
+
+(ii) a computer program embodied in or used in conjunction with a
+limited purpose computer that is designed for playing video games and
+may be designed for other purposes.
+
+(C) Nothing in this subsection affects any provision of chapter 9 of
+this title.
+
+(2)(A) Nothing in this subsection shall apply to the lending of a
+computer program for nonprofit purposes by a nonprofit library, if each
+copy of a computer program which is lent by such library has affixed to
+the packaging containing the program a warning of copyright in
+accordance with requirements that the Register of Copyrights shall
+prescribe by regulation.
+
+(B) Not later than three years after the date of the enactment of the
+Computer Software Rental Amendments Act of 1990, and at such times
+thereafter as the Register of Copyrights considers appropriate, the
+Register of Copyrights, after consultation with representatives of
+copyright owners and librarians, shall submit to the Congress a report
+stating whether this paragraph has achieved its intended purpose of
+maintaining the integrity of the copyright system while providing
+nonprofit libraries the capability to fulfill their function. Such
+report shall advise the Congress as to any information or
+recommendations that the Register of Copyrights considers necessary to
+carry out the purposes of this subsection.
+
+(3) Nothing in this subsection shall affect any provision of the
+antitrust laws. For purposes of the preceding sentence, "antitrust laws"
+has the meaning given that term in the first section of the Clayton Act
+and includes section 5 of the Federal Trade Commission Act to the extent
+that section relates to unfair methods of competition.
+
+(4) Any person who distributes a phonorecord or a copy of a computer
+program (including any tape, disk, or other medium embodying such
+program) in violation of paragraph (1) is an infringer of copyright
+under section 501 of this title and is subject to the remedies set forth
+in sections 502, 503, 504, 505, and 509. Such violation shall not be a
+criminal offense under section 506 or cause such person to be subject to
+the criminal penalties set forth in section 2319 of title 18.
+
+(c) Notwithstanding the provisions of section 106(5), the owner of a
+particular copy lawfully made under this title, or any person authorized
+by such owner, is entitled, without the authority of the copyright
+owner, to display that copy publicly, either directly or by the
+projection of no more than one image at a time, to viewers present at
+the place where the copy is located.
+
+(d) The privileges prescribed by subsections (a) and (c) do not, unless
+authorized by the copyright owner, extend to any person who has acquired
+possession of the copy or phonorecord from the copyright owner, by
+rental, lease, loan, or otherwise, without acquiring ownership of it.
+
+(e) Notwithstanding the provisions of sections 106(4) and 106(5), in the
+case of an electronic audiovisual game intended for use in coin-operated
+equipment, the owner of a particular copy of such a game lawfully made
+under this title, is entitled, without the authority of the copyright
+owner of the game, to publicly perform or display that game in coin-
+operated equipment, except that this subsection shall not apply to any
+work of authorship embodied in the audiovisual game if the copyright
+owner of the electronic audiovisual game is not also the copyright owner
+of the work of authorship.
+
+
+Section 110. Limitations on exclusive rights: Exemption of certain
+performances and displays [41]
+
+Notwithstanding the provisions of section 106, the following are not
+infringements of copyright:
+
+(1) performance or display of a work by instructors or pupils in the
+course of face-to-face teaching activities of a nonprofit educational
+institution, in a classroom or similar place devoted to instruction,
+unless, in the case of a motion picture or other audiovisual work, the
+performance, or the display of individual images, is given by means of a
+copy that was not lawfully made under this title, and that the person
+responsible for the performance knew or had reason to believe was not
+lawfully made;
+
+(2) performance of a nondramatic literary or musical work or display of
+a work, by or in the course of a transmission, if-
+
+(A) the performance or display is a regular part of the systematic
+instructional activities of a governmental body or a nonprofit
+educational institution; and
+
+(B) the performance or display is directly related and of material
+assistance to the teaching content of the transmission; and
+
+(C) the transmission is made primarily for-
+
+(i) reception in classrooms or similar places normally devoted to
+instruction, or
+
+(ii) reception by persons to whom the transmission is directed because
+their disabilities or other special circumstances prevent their
+attendance in classrooms or similar places normally devoted to
+instruction, or
+
+(iii) reception by officers or employees of governmental bodies as a
+part of their official duties or employment;
+
+(3) performance of a nondramatic literary or musical work or of a
+dramatico-musical work of a religious nature, or display of a work, in
+the course of services at a place of worship or other religious
+assembly;
+
+(4) performance of a nondramatic literary or musical work otherwise than
+in a transmission to the public, without any purpose of direct or
+indirect commercial advantage and without payment of any fee or other
+compensation for the performance to any of its performers, promoters, or
+organizers, if-
+
+(A) there is no direct or indirect admission charge; or
+
+(B) the proceeds, after deducting the reasonable costs of producing the
+performance, are used exclusively for educational, religious, or
+charitable purposes and not for private financial gain, except where the
+copyright owner has served notice of objection to the performance under
+the following conditions;
+
+(i) the notice shall be in writing and signed by the copyright owner or
+such owner's duly authorized agent; and
+
+(ii) the notice shall be served on the person responsible for the
+performance at least seven days before the date of the performance, and
+shall state the reasons for the objection; and
+
+(iii) the notice shall comply, in form, content, and manner of service,
+with requirements that the Register of Copyrights shall prescribe by
+regulation;
+
+(5)(A) except as provided in subparagraph (B), communication of a
+transmission embodying a performance or display of a work by the public
+reception of the transmission on a single receiving apparatus of a kind
+commonly used in private homes, unless-
+
+(i) a direct charge is made to see or hear the transmission; or
+
+(ii) the transmission thus received is further transmitted to the
+public;
+
+(B) communication by an establishment of a transmission or
+retransmission embodying a performance or display of a nondramatic
+musical work intended to be received by the general public, originated
+by a radio or television broadcast station licensed as such by the
+Federal Communications Commission, or, if an audiovisual transmission,
+by a cable system or satellite carrier, if-
+
+(i) in the case of an establishment other than a food service or
+drinking establishment, either the establishment in which the
+communication occurs has less than 2,000 gross square feet of space
+(excluding space used for customer parking and for no other purpose), or
+the establishment in which the communication occurs has 2,000 or more
+gross square feet of space (excluding space used for customer parking
+and for no other purpose) and-
+
+(I) if the performance is by audio means only, the performance is
+communicated by means of a total of not more than 6 loudspeakers, of
+which not more than 4 loudspeakers are located in any 1 room or
+adjoining outdoor space; or
+
+(II) if the performance or display is by audiovisual means, any visual
+portion of the performance or display is communicated by means of a
+total of not more than 4 audiovisual devices, of which not more than 1
+audiovisual device is located in any 1 room, and no such audiovisual
+device has a diagonal screen size greater than 55 inches, and any audio
+portion of the performance or display is communicated by means of a
+total of not more than 6 loudspeakers, of which not more than 4
+loudspeakers are located in any 1 room or adjoining outdoor space;
+
+(ii) in the case of a food service or drinking establishment, either the
+establishment in which the communication occurs has less than 3,750
+gross square feet of space (excluding space used for customer parking
+and for no other purpose), or the establishment in which the
+communication occurs has 3,750 gross square feet of space or more
+(excluding space used for customer parking and for no other purpose)
+and
+
+(I) if the performance is by audio means only, the performance is
+communicated by means of a total of not more than 6 loudspeakers, of
+which not more than 4 loudspeakers are located in any 1 room or
+adjoining outdoor space; or
+
+(II) if the performance or display is by audiovisual means, any visual
+portion of the performance or display is communicated by means of a
+total of not more than 4 audiovisual devices, of which not more than 1
+audiovisual device is located in any 1 room, and no such audiovisual
+device has a diagonal screen size greater than 55 inches, and any audio
+portion of the performance or display is communicated by means of a
+total of not more than 6 loudspeakers, of which not more than 4
+loudspeakers are located in any 1 room or adjoining outdoor space;
+
+(iii) no direct charge is made to see or hear the transmission or
+retransmission;
+
+(iv) the transmission or retransmission is not further transmitted
+beyond the establishment where it is received; and
+
+(v) the transmission or retransmission is licensed by the copyright
+owner of the work so publicly performed or displayed;
+
+(6) performance of a nondramatic musical work by a governmental body or
+a nonprofit agricultural or horticultural organization, in the course of
+an annual agricultural or horticultural fair or exhibition conducted by
+such body or organization; the exemption provided by this clause shall
+extend to any liability for copyright infringement that would otherwise
+be imposed on such body or organization, under doctrines of vicarious
+liability or related infringement, for a performance by a
+concessionnaire, business establishment, or other person at such fair or
+exhibition, but shall not excuse any such person from liability for the
+performance;
+
+(7) performance of a nondramatic musical work by a vending establishment
+open to the public at large without any direct or indirect admission
+charge, where the sole purpose of the performance is to promote the
+retail sale of copies or phonorecords of the work, or of the audiovisual
+or other devices utilized in such performance, and the performance is
+not transmitted beyond the place where the establishment is located and
+is within the immediate area where the sale is occurring;
+
+(8) performance of a nondramatic literary work, by or in the course of a
+transmission specifically designed for and primarily directed to blind
+or other handicapped persons who are unable to read normal printed
+material as a result of their handicap, or deaf or other handicapped
+persons who are unable to hear the aural signals accompanying a
+transmission of visual signals, if the performance is made without any
+purpose of direct or indirect commercial advantage and its transmission
+is made through the facilities of: (i) a governmental body; or (ii) a
+noncommercial educational broadcast station (as defined in section 397
+of title 47); or (iii) a radio subcarrier authorization (as defined in
+47 CFR 73.293-73.295 and 73.593-73.595); or (iv) a cable system (as
+defined in section 111 (f));
+
+(9) performance on a single occasion of a dramatic literary work
+published at least ten years before the date of the performance, by or
+in the course of a transmission specifically designed for and primarily
+directed to blind or other handicapped persons who are unable to read
+normal printed material as a result of their handicap, if the
+performance is made without any purpose of direct or indirect commercial
+advantage and its transmission is made through the facilities of a radio
+subcarrier authorization referred to in clause (8) (iii), *Provided*,
+That the provisions of this clause shall not be applicable to more than
+one performance of the same work by the same performers or under the
+auspices of the same organization; and
+
+(10) notwithstanding paragraph (4), the following is not an infringement
+of copyright: performance of a nondramatic literary or musical work in
+the course of a social function which is organized and promoted by a
+nonprofit veterans' organization or a nonprofit fraternal organization
+to which the general public is not invited, but not including the
+invitees of the organizations, if the proceeds from the performance,
+after deducting the reasonable costs of producing the performance, are
+used exclusively for charitable purposes and not for financial gain. For
+purposes of this section the social functions of any college or
+university fraternity or sorority shall not be included unless the
+social function is held solely to raise funds for a specific charitable
+purpose.
+
+The exemptions provided under paragraph (5) shall not be taken into
+account in any administrative, judicial, or other governmental
+proceeding to set or adjust the royalties payable to copyright owners
+for the public performance or display of their works. Royalties payable
+to copyright owners for any public performance or display of their works
+other than such performances or displays as are exempted under paragraph
+(5) shall not be diminished in any respect as a result of such
+exemption.
+
+
+Section 111. Limitations on exclusive rights: Secondary transmissions [42]
+
+(a) Certain Secondary Transmissions Exempted.  The secondary transmission
+of a performance or display of a work embodied in a primary transmission
+is not an infringement of copyright if-
+
+(1) the secondary transmission is not made by a cable system, and
+consists entirely of the relaying, by the management of a hotel,
+apartment house, or similar establishment, of signals transmitted by a
+broadcast station licensed by the Federal Communications Commission,
+within the local service area of such station, to the private lodgings
+of guests or residents of such establishment, and no direct charge is
+made to see or hear the secondary transmission; or
+
+(2) the secondary transmission is made solely for the purpose and under
+the conditions specified by clause (2) of section 110; or
+
+(3) the secondary transmission is made by any carrier who has no direct
+or indirect control over the content or selection of the primary
+transmission or over the particular recipients of the secondary
+transmission, and whose activities with respect to the secondary
+transmission consist solely of providing wires, cables, or other
+communications channels for the use of others: *Provided*, That the
+provisions of this clause extend only to the activities of said carrier
+with respect to secondary transmissions and do not exempt from liability
+the activities of others with respect to their own primary or secondary
+transmissions;
+
+(4) the secondary transmission is made by a satellite carrier for
+private home viewing pursuant to a statutory license under section 119;
+or
+
+(5) the secondary transmission is not made by a cable system but is made
+by a governmental body, or other nonprofit organization, without any
+purpose of direct or indirect commercial advantage, and without charge
+to the recipients of the secondary transmission other than assessments
+necessary to defray the actual and reasonable costs of maintaining and
+operating the secondary transmission service.
+
+(b) Secondary Transmission of Primary Transmission to Controlled Group.
+Notwithstanding the provisions of subsections (a) and (c), the secondary
+transmission to the public of a performance or display of a work
+embodied in a primary transmission is actionable as an act of
+infringement under section 501, and is fully subject to the remedies
+provided by sections 502 through 506 and 509, if the primary
+transmission is not made for reception by the public at large but is
+controlled and limited to reception by particular members of the public:
+*Provided*, however, That such secondary transmission is not actionable
+as an act of infringement if-
+
+(1) the primary transmission is made by a broadcast station licensed by
+the Federal Communications Commission; and
+
+(2) the carriage of the signals comprising the secondary transmission is
+required under the rules, regulations, or authorizations of the Federal
+Communications Commission; and
+
+(3) the signal of the primary transmitter is not altered or changed in
+any way by the secondary transmitter.
+
+(c) Secondary Transmissions by Cable Systems.-
+
+(1) Subject to the provisions of clauses (2), (3), and (4) of this
+subsection and section 114(d), secondary transmissions to the public by
+a cable system of a performance or display of a work embodied in a
+primary transmission made by a broadcast station licensed by the Federal
+Communications Commission or by an appropriate governmental authority of
+Canada or Mexico shall be subject to statutory licensing upon compliance
+with the requirements of subsection (d) where the carriage of the
+signals comprising the secondary transmission is permissible under the
+rules, regulations, or authorizations of the Federal Communications
+Commission.
+
+(2) Notwithstanding the provisions of clause (1) of this subsection, the
+willful or repeated secondary transmission to the public by a cable
+system of a primary transmission made by a broadcast station licensed by
+the Federal Communications Commission or by an appropriate governmental
+authority of Canada or Mexico and embodying a performance or display of
+a work is actionable as an act of infringement under section 501, and is
+fully subject to the remedies provided by sections 502 through 506 and
+509, in the following cases:
+
+(A) where the carriage of the signals comprising the secondary
+transmission is not permissible under the rules, regulations, or
+authorizations of the Federal Communications Commission; or
+
+(B) where the cable system has not deposited the statement of account
+and royalty fee required by subsection (d).
+
+(3) Notwithstanding the provisions of clause (1) of this subsection and
+subject to the provisions of subsection (e) of this section, the
+secondary transmission to the public by a cable system of a performance
+or display of a work embodied in a primary transmission made by a
+broadcast station licensed by the Federal Communications Commission or
+by an appropriate governmental authority of Canada or Mexico is
+actionable as an act of infringement under section 501, and is fully
+subject to the remedies provided by sections 502 through 506 and
+sections 509 and 510, if the content of the particular program in which
+the performance or display is embodied, or any commercial advertising or
+station announcements transmitted by the primary transmitter during, or
+immediately before or after, the transmission of such program, is in any
+way willfully altered by the cable system through changes, deletions, or
+additions, except for the alteration, deletion, or substitution of
+commercial advertisements performed by those engaged in television
+commercial advertising market research: *Provided*, That the research
+company has obtained the prior consent of the advertiser who has
+purchased the original commercial advertisement, the television station
+broadcasting that commercial advertisement, and the cable system
+performing the secondary transmission: *And provided further*, That such
+commercial alteration, deletion, or substitution is not performed for
+the purpose of deriving income from the sale of that commercial time.
+
+(4) Notwithstanding the provisions of clause (1) of this subsection, the
+secondary transmission to the public by a cable system of a performance
+or display of a work embodied in a primary transmission made by a
+broadcast station licensed by an appropriate governmental authority of
+Canada or Mexico is actionable as an act of infringement under section
+501, and is fully subject to the remedies provided by sections 502
+through 506 and section 509, if (A) with respect to Canadian signals,
+the community of the cable system is located more than 150 miles from
+the United States-Canadian border and is also located south of the
+forty-second parallel of latitude, or (B) with respect to Mexican
+signals, the secondary transmission is made by a cable system which
+received the primary transmission by means other than direct
+interception of a free space radio wave emitted by such broadcast
+television station, unless prior to April 15, 1976, such cable system
+was actually carrying, or was specifically authorized to carry, the
+signal of such foreign station on the system pursuant to the rules,
+regulations, or authorizations of the Federal Communications Commission.
+
+(d) Statutory License for Secondary Transmissions by Cable Systems. [43]
+
+(1) A cable system whose secondary transmissions have been subject to
+statutory licensing under subsection (c) shall, on a semiannual basis,
+deposit with the Register of Copyrights, in accordance with requirements
+that the Register shall prescribe by regulation-
+
+(A) a statement of account, covering the six months next preceding,
+specifying the number of channels on which the cable system made
+secondary transmissions to its subscribers, the names and locations of
+all primary transmitters whose transmissions were further transmitted by
+the cable system, the total number of subscribers, the gross amounts
+paid to the cable system for the basic service of providing secondary
+transmissions of primary broadcast transmitters, and such other data as
+the Register of Copyrights may from time to time prescribe by
+regulation. In determining the total number of subscribers and the gross
+amounts paid to the cable system for the basic service of providing
+secondary transmissions of primary broadcast transmitters, the cable
+system shall not include subscribers and amounts collected from
+subscribers receiving secondary transmissions for private home viewing
+pursuant to section 119. Such statement shall also include a special
+statement of account covering any nonnetwork television programming that
+was carried by the cable system in whole or in part beyond the local
+service area of the primary transmitter, under rules, regulations, or
+authorizations of the Federal Communications Commission permitting the
+substitution or addition of signals under certain circumstances,
+together with logs showing the times, dates, stations, and programs
+involved in such substituted or added carriage; and
+
+(B) except in the case of a cable system whose royalty is specified in
+subclause (C) or (D), a total royalty fee for the period covered by the
+statement, computed on the basis of specified percentages of the gross
+receipts from subscribers to the cable service during said period for
+the basic service of providing secondary transmissions of primary
+broadcast transmitters, as follows:
+
+(i) 0.675 of 1 per centum of such gross receipts for the privilege of
+further transmitting any nonnetwork programming of a primary transmitter
+in whole or in part beyond the local service area of such primary
+transmitter, such amount to be applied against the fee, if any, payable
+pursuant to paragraphs (ii) through (iv);
+
+(ii) 0.675 of 1 per centum of such gross receipts for the first distant
+signal equivalent;
+
+(iii) 0.425 of 1 per centum of such gross receipts for each of the
+second, third, and fourth distant signal equivalents;
+
+(iv) 0.2 of 1 per centum of such gross receipts for the fifth distant
+signal equivalent and each additional distant signal equivalent
+thereafter; and
+
+in computing the amounts payable under paragraph (ii) through (iv),
+above, any fraction of a distant signal equivalent shall be computed at
+its fractional value and, in the case of any cable system located partly
+within and partly without the local service area of a primary
+transmitter, gross receipts shall be limited to those gross receipts
+derived from subscribers located without the local service area of such
+primary transmitter; and
+
+(C) if the actual gross receipts paid by subscribers to a cable system
+for the period covered by the statement for the basic service of
+providing secondary transmissions of primary broadcast transmitters
+total $80,000 or less, gross receipts of the cable system for the
+purpose of this subclause shall be computed by subtracting from such
+actual gross receipts the amount by which $80,000 exceeds such actual
+gross receipts, except that in no case shall a cable system's gross
+receipts be reduced to less than $3,000. The royalty fee payable under
+this subclause shall be 0.5 of 1 per centum, regardless of the number of
+distant signal equivalents, if any; and
+
+(D) if the actual gross receipts paid by subscribers to a cable system
+for the period covered by the statement, for the basic service of
+providing secondary transmissions of primary broadcast transmitters, are
+more than $80,000 but less than $160,000, the royalty fee payable under
+this subclause shall be
+
+(i) 0.5 of 1 per centum of any gross receipts up to $80,000; and
+
+(ii) 1 per centum of any gross receipts in excess of $80,000 but less
+than $160,000, regardless of the number of distant signal equivalents,
+if any.
+
+(2) The Register of Copyrights shall receive all fees deposited under
+this section and, after deducting the reasonable costs incurred by the
+Copyright Office under this section, shall deposit the balance in the
+Treasury of the United States, in such manner as the Secretary of the
+Treasury directs. All funds held by the Secretary of the Treasury shall
+be invested in interest-bearing United States securities for later
+distribution with interest by the Librarian of Congress in the event no
+controversy over distribution exists, or by a copyright arbitration
+royalty panel in the event a controversy over such distribution exists.
+
+(3) The royalty fees thus deposited shall, in accordance with the
+procedures provided by clause (4), be distributed to those among the
+following copyright owners who claim that their works were the subject
+of secondary transmissions by cable systems during the relevant
+semiannual period:
+
+(A) any such owner whose work was included in a secondary transmission
+made by a cable system of a nonnetwork television program in whole or in
+part beyond the local service area of the primary transmitter; and
+
+(B) any such owner whose work was included in a secondary transmission
+identified in a special statement of account deposited under clause (1)
+(A); and
+
+(C) any such owner whose work was included in nonnetwork programming
+consisting exclusively of aural signals carried by a cable system in
+whole or in part beyond the local service area of the primary
+transmitter of such programs.
+
+(4) The royalty fees thus deposited shall be distributed in accordance
+with the following procedures:
+
+(A) During the month of July in each year, every person claiming to be
+entitled to statutory license fees for secondary transmissions shall
+file a claim with the Librarian of Congress, in accordance with
+requirements that the Librarian of Congress shall prescribe by
+regulation. Notwithstanding any provisions of the antitrust laws, for
+purposes of this clause any claimants may agree among themselves as to
+the proportionate division of statutory licensing fees among them, may
+lump their claims together and file them jointly or as a single claim,
+or may designate a common agent to receive payment on their behalf.
+
+(B) After the first day of August of each year, the Librarian of
+Congress shall, upon the recommendation of the Register of Copyrights,
+determine whether there exists a controversy concerning the distribution
+of royalty fees. If the Librarian determines that no such controversy
+exists, the Librarian shall, after deducting reasonable administrative
+costs under this section, distribute such fees to the copyright owners
+entitled to such fees, or to their designated agents. If the Librarian
+finds the existence of a controversy, the Librarian shall, pursuant to
+chapter 8 of this title, convene a copyright arbitration royalty panel
+to determine the distribution of royalty fees.
+
+(C) During the pendency of any proceeding under this subsection, the
+Librarian of Congress shall withhold from distribution an amount
+sufficient to satisfy all claims with respect to which a controversy
+exists, but shall have discretion to proceed to distribute any amounts
+that are not in controversy.
+
+(e) Nonsimultaneous Secondary Transmissions by Cable Systems.-
+
+(1) Notwithstanding those provisions of the second paragraph of
+subsection (f) relating to nonsimultaneous secondary transmissions by a
+cable system, any such transmissions are actionable as an act of
+infringement under section 501, and are fully subject to the remedies
+provided by sections 502 through 506 and sections 509 and 510, unless
+
+(A) the program on the videotape is transmitted no more than one time to
+the cable system's subscribers; and
+
+(B) the copyrighted program, episode, or motion picture videotape,
+including the commercials contained within such program, episode, or
+picture, is transmitted without deletion or editing; and
+
+(C) an owner or officer of the cable system
+
+(i) prevents the duplication of the videotape while in the possession of
+the system,
+
+(ii) prevents unauthorized duplication while in the possession of the
+facility making the videotape for the system if the system owns or
+controls the facility, or takes reasonable precautions to prevent such
+duplication if it does not own or control the facility,
+
+(iii) takes adequate precautions to prevent duplication while the tape
+is being transported, and
+
+(iv) subject to clause (2), erases or destroys, or causes the erasure or
+destruction of, the videotape; and
+
+(D) within forty-five days after the end of each calendar quarter, an
+owner or officer of the cable system executes an affidavit attesting
+
+(i) to the steps and precautions taken to prevent duplication of the
+videotape, and
+
+(ii) subject to clause (2), to the erasure or destruction of all
+videotapes made or used during such quarter; and
+
+(E) such owner or officer places or causes each such affidavit, and
+affidavits received pursuant to clause (2) (C), to be placed in a file,
+open to public inspection, at such system's main office in the community
+where the transmission is made or in the nearest community where such
+system maintains an office; and
+
+(F) the nonsimultaneous transmission is one that the cable system would
+be authorized to transmit under the rules, regulations, and
+authorizations of the Federal Communications Commission in effect at the
+time of the nonsimultaneous transmission if the transmission had been
+made simultaneously, except that this subclause shall not apply to
+inadvertent or accidental transmissions.
+
+(2) If a cable system transfers to any person a videotape of a program
+nonsimultaneously transmitted by it, such transfer is actionable as an
+act of infringement under section 501, and is fully subject to the
+remedies provided by sections 502 through 506 and 509, except that,
+pursuant to a written, nonprofit contract providing for the equitable
+sharing of the costs of such videotape and its transfer, a videotape
+nonsimultaneously transmitted by it, in accordance with clause (1), may
+be transferred by one cable system in Alaska to another system in
+Alaska, by one cable system in Hawaii permitted to make such
+nonsimultaneous transmissions to another such cable system in Hawaii, or
+by one cable system in Guam, the Northern Mariana Islands, or the Trust
+Territory of the Pacific Islands, to another cable system in any of
+those three territories, if-
+
+(A) each such contract is available for public inspection in the offices
+of the cable systems involved, and a copy of such contract is filed,
+within thirty days after such contract is entered into, with the
+Copyright Office (which Office shall make each such contract available
+for public inspection); and
+
+(B) the cable system to which the videotape is transferred complies with
+clause (1) (A), (B), (C) (i), (iii), and (iv), and (D) through (F); and
+
+(C) such system provides a copy of the affidavit required to be made in
+accordance with clause (1) (D) to each cable system making a previous
+nonsimultaneous transmission of the same videotape.
+
+(3) This subsection shall not be construed to supersede the exclusivity
+protection provisions of any existing agreement, or any such agreement
+hereafter entered into, between a cable system and a television
+broadcast station in the area in which the cable system is located, or a
+network with which such station is affiliated.
+
+(4) As used in this subsection, the term "videotape", and each of its
+variant forms, means the reproduction of the images and sounds of a
+program or programs broadcast by a television broadcast station licensed
+by the Federal Communications Commission, regardless of the nature of
+the material objects, such as tapes or films, in which the reproduction
+is embodied.
+
+(f) Definitions.  As used in this section, the following terms and their
+variant forms mean the following:
+
+A "primary transmission" is a transmission made to the public by the
+transmitting facility whose signals are being received and further
+transmitted by the secondary transmission service, regardless of where
+or when the performance or display was first transmitted.
+
+A "secondary transmission" is the further transmitting of a primary
+transmission simultaneously with the primary transmission, or
+nonsimultaneously with the primary transmission if by a "cable system"
+not located in whole or in part within the boundary of the forty-eight
+contiguous States, Hawaii, or Puerto Rico: *Provided, however*, That a
+nonsimultaneous further transmission by a cable system located in Hawaii
+of a primary transmission shall be deemed to be a secondary transmission
+if the carriage of the television broadcast signal comprising such
+further transmission is permissible under the rules, regulations, or
+authorizations of the Federal Communications Commission.
+
+A "cable system" is a facility, located in any State, Territory, Trust
+Territory, or Possession, that in whole or in part receives signals
+transmitted or programs broadcast by one or more television broadcast
+stations licensed by the Federal Communications Commission, and makes
+secondary transmissions of such signals or programs by wires, cables,
+microwave, or other communications channels to subscribing members of
+the public who pay for such service. For purposes of determining the
+royalty fee under subsection (d)(1), two or more cable systems in
+contiguous communities under common ownership or control or operating
+from one headend shall be considered as one system.
+
+The "local service area of a primary transmitter", in the case of a
+television broadcast station, comprises the area in which such station
+is entitled to insist upon its signal being retransmitted by a cable
+system pursuant to the rules, regulations, and authorizations of the
+Federal Communications Commission in effect on April 15, 1976, or such
+station's television market as defined in section 76.55(e) of title 47,
+Code of Federal Regulations (as in effect on September 18, 1993), or any
+modifications to such television market made, on or after September 18,
+1993, pursuant to section 76.55(e) or 76.59 of title 47 of the Code of
+Federal Regulations, or in the case of a television broadcast station
+licensed by an appropriate governmental authority of Canada or Mexico,
+the area in which it would be entitled to insist upon its signal being
+retransmitted if it were a television broadcast station subject to such
+rules, regulations, and authorizations. In the case of a low power
+television station, as defined by the rules and regulations of the
+Federal Communications Commission, the "local service area of a primary
+transmitter" comprises the area within 35 miles of the transmitter site,
+except that in the case of such a station located in a standard
+metropolitan statistical area which has one of the 50 largest
+populations of all standard metropolitan statistical areas (based on the
+1980 decennial census of population taken by the Secretary of Commerce),
+the number of miles shall be 20 miles. The "local service area of a
+primary transmitter", in the case of a radio broadcast station,
+comprises the primary service area of such station, pursuant to the
+rules and regulations of the Federal Communications Commission.
+
+A "distant signal equivalent" is the value assigned to the secondary
+transmission of any nonnetwork television programming carried by a cable
+system in whole or in part beyond the local service area of the primary
+transmitter of such programming. It is computed by assigning a value of
+one to each independent station and a value of one-quarter to each
+network station and noncommercial educational station for the nonnetwork
+programming so carried pursuant to the rules, regulations, and
+authorizations of the Federal Communications Commission. The foregoing
+values for independent, network, and noncommercial educational stations
+are subject, however, to the following exceptions and limitations. Where
+the rules and regulations of the Federal Communications Commission
+require a cable system to omit the further transmission of a particular
+program and such rules and regulations also permit the substitution of
+another program embodying a performance or display of a work in place of
+the omitted transmission, or where such rules and regulations in effect
+on the date of enactment of this Act permit a cable system, at its
+election, to effect such deletion and substitution of a nonlive program
+or to carry additional programs not transmitted by primary transmitters
+within whose local service area the cable system is located, no value
+shall be assigned for the substituted or additional program; where the
+rules, regulations, or authorizations of the Federal Communications
+Commission in effect on the date of enactment of this Act permit a cable
+system, at its election, to omit the further transmission of a
+particular program and such rules, regulations, or authorizations also
+permit the substitution of another program embodying a performance or
+display of a work in place of the omitted transmission, the value
+assigned for the substituted or additional program shall be, in the case
+of a live program, the value of one full distant signal equivalent
+multiplied by a fraction that has as its numerator the number of days in
+the year in which such substitution occurs and as its denominator the
+number of days in the year. In the case of a station carried pursuant to
+the late-night or specialty programming rules of the Federal
+Communications Commission, or a station carried on a part-time basis
+where full-time carriage is not possible because the cable system lacks
+the activated channel capacity to retransmit on a full-time basis all
+signals which it is authorized to carry, the values for independent,
+network, and noncommercial educational stations set forth above, as the
+case may be, shall be multiplied by a fraction which is equal to the
+ratio of the broadcast hours of such station carried by the cable system
+to the total broadcast hours of the station.
+
+A "network station" is a television broadcast station that is owned or
+operated by, or affiliated with, one or more of the television networks
+in the United States providing nationwide transmissions, and that
+transmits a substantial part of the programming supplied by such
+networks for a substantial part of that station's typical broadcast day.
+
+An "independent station" is a commercial television broadcast station
+other than a network station.
+
+A "noncommercial educational station" is a television station that is a
+noncommercial educational broadcast station as defined in section 397 of
+title 47.
+
+
+Section 112. Limitations on exclusive rights: Ephemeral recordings [44]
+
+(a)(1) Notwithstanding the provisions of section 106, and except in the
+case of a motion picture or other audiovisual work, it is not an
+infringement of copyright for a transmitting organization entitled to
+transmit to the public a performance or display of a work, under a
+license, including a statutory license under section 114(f), or transfer
+of the copyright or under the limitations on exclusive rights in sound
+recordings specified by section 114 (a) or for a transmitting
+organization that is a broadcast radio or television station licensed as
+such by the Federal Communications Commission and that makes a broadcast
+transmission of a performance of a sound recording in a digital format
+on a nonsubscription basis, to make no more than one copy or phonorecord
+of a particular transmission program embodying the performance or
+display, if-
+
+(A) the copy or phonorecord is retained and used solely by the
+transmitting organization that made it, and no further copies or
+phonorecords are reproduced from it; and
+
+(B) the copy or phonorecord is used solely for the transmitting
+organization's own transmissions within its local service area, or for
+purposes of archival preservation or security; and
+
+(C) unless preserved exclusively for archival purposes, the copy or
+phonorecord is destroyed within six months from the date the
+transmission program was first transmitted to the public.
+
+(2) In a case in which a transmitting organization entitled to make a
+copy or phonorecord under paragraph (1) in connection with the
+transmission to the public of a performance or display of a work is
+prevented from making such copy or phonorecord by reason of the
+application by the copyright owner of technical measures that prevent
+the reproduction of the work, the copyright owner shall make available
+to the transmitting organization the necessary means for permitting the
+making of such copy or phonorecord as permitted under that paragraph, if
+it is technologically feasible and economically reasonable for the
+copyright owner to do so. If the copyright owner fails to do so in a
+timely manner in light of the transmitting organization's reasonable
+business requirements, the transmitting organization shall not be liable
+for a violation of section 1201(a)(1) of this title for engaging in such
+activities as are necessary to make such copies or phonorecords as
+permitted under paragraph (1) of this subsection.
+
+(b) Notwithstanding the provisions of section 106, it is not an
+infringement of copyright for a governmental body or other nonprofit
+organization entitled to transmit a performance or display of a work,
+under section 110(2) or under the limitations on exclusive rights in
+sound recordings specified by section 114(a), to make no more than
+thirty copies or phonorecords of a particular transmission program
+embodying the performance or display, if
+
+(1) no further copies or phonorecords are reproduced from the copies or
+phonorecords made under this clause; and
+
+(2) except for one copy or phonorecord that may be preserved exclusively
+for archival purposes, the copies or phonorecords are destroyed within
+seven years from the date the transmission program was first transmitted
+to the public.
+
+(c) Notwithstanding the provisions of section 106, it is not an
+infringement of copyright for a governmental body or other nonprofit
+organization to make for distribution no more than one copy or
+phonorecord, for each transmitting organization specified in clause (2)
+of this subsection, of a particular transmission program embodying a
+performance of a nondramatic musical work of a religious nature, or of a
+sound recording of such a musical work, if-
+
+(1) there is no direct or indirect charge for making or distributing any
+such copies or phonorecords; and
+
+(2) none of such copies or phonorecords is used for any performance
+other than a single transmission to the public by a transmitting
+organization entitled to transmit to the public a performance of the
+work under a license or transfer of the copyright; and
+
+(3) except for one copy or phonorecord that may be preserved exclusively
+for archival purposes, the copies or phonorecords are all destroyed
+within one year from the date the transmission program was first
+transmitted to the public.
+
+(d) Notwithstanding the provisions of section 106, it is not an
+infringement of copyright for a governmental body or other nonprofit
+organization entitled to transmit a performance of a work under section
+110(8) to make no more than ten copies or phonorecords embodying the
+performance, or to permit the use of any such copy or phonorecord by any
+governmental body or nonprofit organization entitled to transmit a
+performance of a work under section 110(8), if-
+
+(1) any such copy or phonorecord is retained and used solely by the
+organization that made it, or by a governmental body or nonprofit
+organization entitled to transmit a performance of a work under section
+110(8), and no further copies or phonorecords are reproduced from it;
+and
+
+(2) any such copy or phonorecord is used solely for transmissions
+authorized under section 110(8), or for purposes of archival
+preservation or security; and
+
+(3) the governmental body or nonprofit organization permitting any use
+of any such copy or phonorecord by any governmental body or nonprofit
+organization under this subsection does not make any charge for such
+use.
+
+(e) Statutory License.  (1) A transmitting organization entitled to
+transmit to the public a performance of a sound recording under the
+limitation on exclusive rights specified by section 114(d)(1)(C)(iv) or
+under a statutory license in accordance with section 114(f) is entitled
+to a statutory license, under the conditions specified by this
+subsection, to make no more than 1 phonorecord of the sound recording
+(unless the terms and conditions of the statutory license allow for
+more), if the following conditions are satisfied:
+
+(A) The phonorecord is retained and used solely by the transmitting
+organization that made it, and no further phonorecords are reproduced
+from it.
+
+(B) The phonorecord is used solely for the transmitting organization's
+own transmissions originating in the United States under a statutory
+license in accordance with section 114(f) or the limitation on exclusive
+rights specified by section 114(d)(1)(C)(iv).
+
+(C) Unless preserved exclusively for purposes of archival preservation,
+the phonorecord is destroyed within 6 months from the date the sound
+recording was first transmitted to the public using the phonorecord.
+
+(D) Phonorecords of the sound recording have been distributed to the
+public under the authority of the copyright owner or the copyright owner
+authorizes the transmitting entity to transmit the sound recording, and
+the transmitting entity makes the phonorecord under this subsection from
+a phonorecord lawfully made and acquired under the authority of the
+copyright owner.
+
+(2) Notwithstanding any provision of the antitrust laws, any copyright
+owners of sound recordings and any transmitting organizations entitled
+to a statutory license under this subsection may negotiate and agree
+upon royalty rates and license terms and conditions for making
+phonorecords of such sound recordings under this section and the
+proportionate division of fees paid among copyright owners, and may
+designate common agents to negotiate, agree to, pay, or receive such
+royalty payments.
+
+(3) No later than 30 days after the date of the enactment of the Digital
+Millennium Copyright Act, the Librarian of Congress shall cause notice
+to be published in the Federal Register of the initiation of voluntary
+negotiation proceedings for the purpose of determining reasonable terms
+and rates of royalty payments for the activities specified by paragraph
+(1) of this subsection during the period beginning on the date of the
+enactment of such Act and ending on December 31, 2000, or such other
+date as the parties may agree. Such rates shall include a minimum fee
+for each type of service offered by transmitting organizations. Any
+copyright owners of sound recordings or any transmitting organizations
+entitled to a statutory license under this subsection may submit to the
+Librarian of Congress licenses covering such activities with respect to
+such sound recordings. The parties to each negotiation proceeding shall
+bear their own costs.
+
+(4) In the absence of license agreements negotiated under paragraph (2),
+during the 60-day period commencing 6 months after publication of the
+notice specified in paragraph (3), and upon the filing of a petition in
+accordance with section 803(a)(1), the Librarian of Congress shall,
+pursuant to chapter 8, convene a copyright arbitration royalty panel to
+determine and publish in the Federal Register a schedule of reasonable
+rates and terms which, subject to paragraph (5), shall be binding on all
+copyright owners of sound recordings and transmitting organizations
+entitled to a statutory license under this subsection during the period
+beginning on the date of the enactment of the Digital Millennium
+Copyright Act and ending on December 31, 2000, or such other date as the
+parties may agree. Such rates shall include a minimum fee for each type
+of service offered by transmitting organizations. The copyright
+arbitration royalty panel shall establish rates that most clearly
+represent the fees that would have been negotiated in the marketplace
+between a willing buyer and a willing seller. In determining such rates
+and terms, the copyright arbitration royalty panel shall base its
+decision on economic, competitive, and programming information presented
+by the parties, including-
+
+(A) whether use of the service may substitute for or may promote the
+sales of phonorecords or otherwise interferes with or enhances the
+copyright owner's traditional streams of revenue; and
+
+(B) the relative roles of the copyright owner and the transmitting
+organization in the copyrighted work and the service made available to
+the public with respect to relative creative contribution, technological
+contribution, capital investment, cost, and risk.
+
+In establishing such rates and terms, the copyright arbitration royalty
+panel may consider the rates and terms under voluntary license
+agreements negotiated as provided in paragraphs (2) and (3). The
+Librarian of Congress shall also establish requirements by which
+copyright owners may receive reasonable notice of the use of their sound
+recordings under this section, and under which records of such use shall
+be kept and made available by transmitting organizations entitled to
+obtain a statutory license under this subsection.
+
+(5) License agreements voluntarily negotiated at any time between 1 or
+more copyright owners of sound recordings and 1 or more transmitting
+organizations entitled to obtain a statutory license under this
+subsection shall be given effect in lieu of any determination by a
+copyright arbitration royalty panel or decision by the Librarian of
+Congress.
+
+(6) Publication of a notice of the initiation of voluntary negotiation
+proceedings as specified in paragraph (3) shall be repeated, in
+accordance with regulations that the Librarian of Congress shall
+prescribe, in the first week of January 2000, and at 2-year intervals
+thereafter, except to the extent that different years for the repeating
+of such proceedings may be determined in accordance with paragraph (3).
+The procedures specified in paragraph (4) shall be repeated, in
+accordance with regulations that the Librarian of Congress shall
+prescribe, upon filing of a petition in accordance with section 803(a)
+(1), during a 60-day period commencing on July 1, 2000, and at 2-year
+intervals thereafter, except to the extent that different years for the
+repeating of such proceedings may be determined in accordance with
+paragraph (3). The procedures specified in paragraph (4) shall be
+concluded in accordance with section 802.
+
+(7)(A) Any person who wishes to make a phonorecord of a sound recording
+under a statutory license in accordance with this subsection may do so
+without infringing the exclusive right of the copyright owner of the
+sound recording under section 106(1)
+
+(i) by complying with such notice requirements as the Librarian of
+Congress shall prescribe by regulation and by paying royalty fees in
+accordance with this subsection; or
+
+(ii) if such royalty fees have not been set, by agreeing to pay such
+royalty fees as shall be determined in accordance with this subsection.
+
+(B) Any royalty payments in arrears shall be made on or before the 20th
+day of the month next succeeding the month in which the royalty fees are
+set.
+
+(8) If a transmitting organization entitled to make a phonorecord under
+this subsection is prevented from making such phonorecord by reason of
+the application by the copyright owner of technical measures that
+prevent the reproduction of the sound recording, the copyright owner
+shall make available to the transmitting organization the necessary
+means for permitting the making of such phonorecord as permitted under
+this subsection, if it is technologically feasible and economically
+reasonable for the copyright owner to do so. If the copyright owner
+fails to do so in a timely manner in light of the transmitting
+organization's reasonable business requirements, the transmitting
+organization shall not be liable for a violation of section 1201(a)(1)
+of this title for engaging in such activities as are necessary to make
+such phonorecords as permitted under this subsection.
+
+(9) Nothing in this subsection annuls, limits, impairs, or otherwise
+affects in any way the existence or value of any of the exclusive rights
+of the copyright owners in a sound recording, except as otherwise
+provided in this subsection, or in a musical work, including the
+exclusive rights to reproduce and distribute a sound recording or
+musical work, including by means of a digital phonorecord delivery,
+under section 106(1), 106(3), and 115, and the right to perform publicly
+a sound recording or musical work, including by means of a digital audio
+transmission, under sections 106(4) and 106(6).
+
+(f) The transmission program embodied in a copy or phonorecord made
+under this section is not subject to protection as a derivative work
+under this title except with the express consent of the owners of
+copyright in the preexisting works employed in the program.
+
+
+Section 113. Scope of exclusive rights in pictorial, graphic, and
+sculptural works [45]
+
+(a) Subject to the provisions of subsections (b) and (c) of this
+section, the exclusive right to reproduce a copyrighted pictorial,
+graphic, or sculptural work in copies under section 106 includes the
+right to reproduce the work in or on any kind of article, whether useful
+or otherwise.
+
+(b) This title does not afford, to the owner of copyright in a work that
+portrays a useful article as such, any greater or lesser rights with
+respect to the making, distribution, or display of the useful article so
+portrayed than those afforded to such works under the law, whether title
+17 or the common law or statutes of a State, in effect on December 31,
+1977, as held applicable and construed by a court in an action brought
+under this title.
+
+(c) In the case of a work lawfully reproduced in useful articles that
+have been offered for sale or other distribution to the public,
+copyright does not include any right to prevent the making,
+distribution, or display of pictures or photographs of such articles in
+connection with advertisements or commentaries related to the
+distribution or display of such articles, or in connection with news
+reports.
+
+(d)(1) In a case in which-
+
+(A) a work of visual art has been incorporated in or made part of a
+building in such a way that removing the work from the building will
+cause the destruction, distortion, mutilation, or other modification of
+the work as described in section 106A(a)(3), and
+
+(B) the author consented to the installation of the work in the building
+either before the effective date set forth in section 610(a) of the
+Visual Artists Rights Act of 1990, or in a written instrument executed
+on or after such effective date that is signed by the owner of the
+building and the author and that specifies that installation of the work
+may subject the work to destruction, distortion, mutilation, or other
+modification, by reason of its removal,
+
+then the rights conferred by paragraphs (2) and (3) of section 106A(a)
+shall not apply.
+
+(2) If the owner of a building wishes to remove a work of visual art
+which is a part of such building and which can be removed from the
+building without the destruction, distortion, mutilation, or other
+modification of the work as described in section 106A(a)(3), the
+author's rights under paragraphs (2) and (3) of section 106A(a) shall
+apply unless-
+
+(A) the owner has made a diligent, good faith attempt without success to
+notify the author of the owner's intended action affecting the work of
+visual art, or
+
+(B) the owner did provide such notice in writing and the person so
+notified failed, within 90 days after receiving such notice, either to
+remove the work or to pay for its removal.
+
+For purposes of subparagraph (A), an owner shall be presumed to have
+made a diligent, good faith attempt to send notice if the owner sent
+such notice by registered mail to the author at the most recent address
+of the author that was recorded with the Register of Copyrights pursuant
+to paragraph (3). If the work is removed at the expense of the author,
+title to that copy of the work shall be deemed to be in the author.
+
+(3) The Register of Copyrights shall establish a system of records
+whereby any author of a work of visual art that has been incorporated in
+or made part of a building, may record his or her identity and address
+with the Copyright Office. The Register shall also establish procedures
+under which any such author may update the information so recorded, and
+procedures under which owners of buildings may record with the Copyright
+Office evidence of their efforts to comply with this subsection.
+
+
+Section 114. Scope of exclusive rights in sound recordings [46]
+
+(a) The exclusive rights of the owner of copyright in a sound recording
+are limited to the rights specified by clauses (1), (2), (3) and (6) of
+section 106, and do not include any right of performance under section
+106(4).
+
+(b) The exclusive right of the owner of copyright in a sound recording
+under clause (1) of section 106 is limited to the right to duplicate the
+sound recording in the form of phonorecords or copies that directly or
+indirectly recapture the actual sounds fixed in the recording. The
+exclusive right of the owner of copyright in a sound recording under
+clause (2) of section 106 is limited to the right to prepare a
+derivative work in which the actual sounds fixed in the sound recording
+are rearranged, remixed, or otherwise altered in sequence or quality.
+The exclusive rights of the owner of copyright in a sound recording
+under clauses (1) and (2) of section 106 do not extend to the making or
+duplication of another sound recording that consists entirely of an
+independent fixation of other sounds, even though such sounds imitate or
+simulate those in the copyrighted sound recording. The exclusive rights
+of the owner of copyright in a sound recording under clauses (1), (2),
+and (3) of section 106 do not apply to sound recordings included in
+educational television and radio programs (as defined in section 397 of
+title 47) distributed or transmitted by or through public broadcasting
+entities (as defined by section 118(g)): *Provided*, That copies or
+phonorecords of said programs are not commercially distributed by or
+through public broadcasting entities to the general public.
+
+(c) This section does not limit or impair the exclusive right to perform
+publicly, by means of a phonorecord, any of the works specified by
+section 106(4).
+
+(d) Limitations on Exclusive Right.   Notwithstanding the provisions of
+section 106(6)-
+
+(1) Exempt transmissions and retransmissions.  The performance of a sound
+recording publicly by means of a digital audio transmission, other than
+as a part of an interactive service, is not an infringement of section
+106(6) if the performance is part of-
+
+(A) a nonsubscription broadcast transmission;
+
+(B) a retransmission of a nonsubscription broadcast transmission:
+*Provided*, That, in the case of a retransmission of a radio station's
+broadcast transmission-
+
+(i) the radio station's broadcast transmission is not willfully or
+repeatedly retransmitted more than a radius of 150 miles from the site
+of the radio broadcast transmitter, however-
+
+(I) the 150 mile limitation under this clause shall not apply when a
+nonsubscription broadcast transmission by a radio station licensed by
+the Federal Communications Commission is retransmitted on a non-
+subscription basis by a terrestrial broadcast station, terrestrial
+translator, or terrestrial repeater licensed by the Federal
+Communications Commission; and
+
+(II) in the case of a subscription retransmission of a non-subscription
+broadcast retransmission covered by subclause (I), the 150 mile radius
+shall be measured from the transmitter site of such broadcast
+retransmitter;
+
+(ii) the retransmission is of radio station broadcast transmissions that
+are
+
+(I) obtained by the retransmitter over the air;
+
+(II) not electronically processed by the retransmitter to deliver
+separate and discrete signals; and
+
+(III) retransmitted only within the local communities served by the
+retransmitter;
+
+(iii) the radio station's broadcast transmission was being retransmitted
+to cable systems (as defined in section 111(f)) by a satellite carrier
+on January 1, 1995, and that retransmission was being retransmitted by
+cable systems as a separate and discrete signal, and the satellite
+carrier obtains the radio station's broadcast transmission in an analog
+format: *Provided*, That the broadcast transmission being retransmitted
+may embody the programming of no more than one radio station; or
+
+(iv) the radio station's broadcast transmission is made by a
+noncommercial educational broadcast station funded on or after January
+1, 1995, under section 396(k) of the Communications Act of 1934 (47
+U.S.C. 396(k)), consists solely of noncommercial educational and
+cultural radio programs, and the retransmission, whether or not
+simultaneous, is a nonsubscription terrestrial broadcast retransmission;
+or
+
+(C) a transmission that comes within any of the following categories-
+
+(i) a prior or simultaneous transmission incidental to an exempt
+transmission, such as a feed received by and then retransmitted by an
+exempt transmitter: *Provided*, That such incidental transmissions do
+not include any subscription transmission directly for reception by
+members of the public;
+
+(ii) a transmission within a business establishment, confined to its
+premises or the immediately surrounding vicinity;
+
+(iii) a retransmission by any retransmitter, including a multichannel
+video programming distributor as defined in section 602(12) of the
+Communications Act of 1934 (47 U.S.C. 522 (12)), of a transmission by a
+transmitter licensed to publicly perform the sound recording as a part
+of that transmission, if the retransmission is simultaneous with the
+licensed transmission and authorized by the transmitter; or
+
+(iv) a transmission to a business establishment for use in the ordinary
+course of its business: *Provided*, That the business recipient does not
+retransmit the transmission outside of its premises or the immediately
+surrounding vicinity, and that the transmission does not exceed the
+sound recording performance complement. Nothing in this clause shall
+limit the scope of the exemption in clause (ii).
+
+(2) Statutory licensing of certain transmissions.-
+
+The performance of a sound recording publicly by means of a subscription
+digital audio transmission not exempt under paragraph (1), an eligible
+nonsubscription transmission, or a transmission not exempt under
+paragraph (1) that is made by a preexisting satellite digital audio
+radio service shall be subject to statutory licensing, in accordance
+with subsection (f) if-
+
+(A)(i) the transmission is not part of an interactive service;
+
+(ii) except in the case of a transmission to a business establishment,
+the transmitting entity does not automatically and intentionally cause
+any device receiving the transmission to switch from one program channel
+to another; and
+
+(iii) except as provided in section 1002(e), the transmission of the
+sound recording is accompanied, if technically feasible, by the
+information encoded in that sound recording, if any, by or under the
+authority of the copyright owner of that sound recording, that
+identifies the title of the sound recording, the featured recording
+artist who performs on the sound recording, and related information,
+including information concerning the underlying musical work and its
+writer;
+
+(B) in the case of a subscription transmission not exempt under
+paragraph (1) that is made by a preexisting subscription service in the
+same transmission medium used by such service on July 31, 1998, or in
+the case of a transmission not exempt under paragraph (1) that is made
+by a preexisting satellite digital audio radio service-
+
+(i) the transmission does not exceed the sound recording performance
+complement; and
+
+(ii) the transmitting entity does not cause to be published by means of
+an advance program schedule or prior announcement the titles of the
+specific sound recordings or phonorecords embodying such sound
+recordings to be transmitted; and
+
+(C) in the case of an eligible nonsubscription transmission or a
+subscription transmission not exempt under paragraph (1) that is made by
+a new subscription service or by a preexisting subscription service
+other than in the same transmission medium used by such service on July
+31, 1998-
+
+(i) the transmission does not exceed the sound recording performance
+complement, except that this requirement shall not apply in the case of
+a retransmission of a broadcast transmission if the retransmission is
+made by a transmitting entity that does not have the right or ability to
+control the programming of the broadcast station making the broadcast
+transmission, unless-
+
+(I) the broadcast station makes broadcast transmissions-
+
+(aa) in digital format that regularly exceed the sound recording
+performance complement; or
+
+(bb) in analog format, a substantial portion of which, on a weekly
+basis, exceed the sound recording performance complement; and
+
+(II) the sound recording copyright owner or its representative has
+notified the transmitting entity in writing that broadcast transmissions
+of the copyright owner's sound recordings exceed the sound recording
+performance complement as provided in this clause;
+
+(ii) the transmitting entity does not cause to be published, or induce
+or facilitate the publication, by means of an advance program schedule
+or prior announcement, the titles of the specific sound recordings to be
+transmitted, the phonorecords embodying such sound recordings, or, other
+than for illustrative purposes, the names of the featured recording
+artists, except that this clause does not disqualify a transmitting
+entity that makes a prior announcement that a particular artist will be
+featured within an unspecified future time period, and in the case of a
+retransmission of a broadcast transmission by a transmitting entity that
+does not have the right or ability to control the programming of the
+broadcast transmission, the requirement of this clause shall not apply
+to a prior oral announcement by the broadcast station, or to an advance
+program schedule published, induced, or facilitated by the broadcast
+station, if the transmitting entity does not have actual knowledge and
+has not received written notice from the copyright owner or its
+representative that the broadcast station publishes or induces or
+facilitates the publication of such advance program schedule, or if such
+advance program schedule is a schedule of classical music programming
+published by the broadcast station in the same manner as published by
+that broadcast station on or before September 30, 1998;
+
+(iii) the transmission-
+
+(I) is not part of an archived program of less than 5 hours duration;
+
+(II) is not part of an archived program of 5 hours or greater in
+duration that is made available for a period exceeding 2 weeks;
+
+(III) is not part of a continuous program which is of less than 3 hours
+duration; or
+
+(IV) is not part of an identifiable program in which performances of
+sound recordings are rendered in a predetermined order, other than an
+archived or continuous program, that is transmitted at-
+
+(aa) more than 3 times in any 2-week period that have been publicly
+announced in advance, in the case of a program of less than 1 hour in
+duration, or
+
+(bb) more than 4 times in any 2-week period that have been publicly
+announced in advance, in the case of a program of 1 hour or more in
+duration, except that the requirement of this subclause shall not apply
+in the case of a retransmission of a broadcast transmission by a
+transmitting entity that does not have the right or ability to control
+the programming of the broadcast transmission, unless the transmitting
+entity is given notice in writing by the copyright owner of the sound
+recording that the broadcast station makes broadcast transmissions that
+regularly violate such requirement;
+
+(iv) the transmitting entity does not knowingly perform the sound
+recording, as part of a service that offers transmissions of visual
+images contemporaneously with transmissions of sound recordings, in a
+manner that is likely to cause confusion, to cause mistake, or to
+deceive, as to the affiliation, connection, or association of the
+copyright owner or featured recording artist with the transmitting
+entity or a particular product or service advertised by the transmitting
+entity, or as to the origin, sponsorship, or approval by the copyright
+owner or featured recording artist of the activities of the transmitting
+entity other than the performance of the sound recording itself;
+
+(v) the transmitting entity cooperates to prevent, to the extent
+feasible without imposing substantial costs or burdens, a transmission
+recipient or any other person or entity from automatically scanning the
+transmitting entity's transmissions alone or together with transmissions
+by other transmitting entities in order to select a particular sound
+recording to be transmitted to the transmission recipient, except that
+the requirement of this clause shall not apply to a satellite digital
+audio service that is in operation, or that is licensed by the Federal
+Communications Commission, on or before July 31, 1998;
+
+(vi) the transmitting entity takes no affirmative steps to cause or
+induce the making of a phonorecord by the transmission recipient, and if
+the technology used by the transmitting entity enables the transmitting
+entity to limit the making by the transmission recipient of phonorecords
+of the transmission directly in a digital format, the transmitting
+entity sets such technology to limit such making of phonorecords to the
+extent permitted by such technology;
+
+(vii) phonorecords of the sound recording have been distributed to the
+public under the authority of the copyright owner or the copyright owner
+authorizes the transmitting entity to transmit the sound recording, and
+the transmitting entity makes the transmission from a phonorecord
+lawfully made under the authority of the copyright owner, except that
+the requirement of this clause shall not apply to a retransmission of a
+broadcast transmission by a transmitting entity that does not have the
+right or ability to control the programming of the broadcast
+transmission, unless the transmitting entity is given notice in writing
+by the copyright owner of the sound recording that the broadcast station
+makes broadcast transmissions that regularly violate such requirement;
+
+(viii) the transmitting entity accommodates and does not interfere with
+the transmission of technical measures that are widely used by sound
+recording copyright owners to identify or protect copyrighted works, and
+that are technically feasible of being transmitted by the transmitting
+entity without imposing substantial costs on the transmitting entity or
+resulting in perceptible aural or visual degradation of the digital
+signal, except that the requirement of this clause shall not apply to a
+satellite digital audio service that is in operation, or that is
+licensed under the authority of the Federal Communications Commission,
+on or before July 31, 1998, to the extent that such service has
+designed, developed, or made commitments to procure equipment or
+technology that is not compatible with such technical measures before
+such technical measures are widely adopted by sound recording copyright
+owners; and
+
+(ix) the transmitting entity identifies in textual data the sound
+recording during, but not before, the time it is performed, including
+the title of the sound recording, the title of the phonorecord embodying
+such sound recording, if any, and the featured recording artist, in a
+manner to permit it to be displayed to the transmission recipient by the
+device or technology intended for receiving the service provided by the
+transmitting entity, except that the obligation in this clause shall not
+take effect until 1 year after the date of the enactment of the Digital
+Millennium Copyright Act and shall not apply in the case of a
+retransmission of a broadcast transmission by a transmitting entity that
+does not have the right or ability to control the programming of the
+broadcast transmission, or in the case in which devices or technology
+intended for receiving the service provided by the transmitting entity
+that have the capability to display such textual data are not common in
+the marketplace.
+
+(3) Licenses for transmissions by interactive services.-
+
+(A) No interactive service shall be granted an exclusive license under
+section 106(6) for the performance of a sound recording publicly by
+means of digital audio transmission for a period in excess of 12 months,
+except that with respect to an exclusive license granted to an
+interactive service by a licensor that holds the copyright to 1,000 or
+fewer sound recordings, the period of such license shall not exceed 24
+months: *Provided, however*, That the grantee of such exclusive license
+shall be ineligible to receive another exclusive license for the
+performance of that sound recording for a period of 13 months from the
+expiration of the prior exclusive license.
+
+(B) The limitation set forth in subparagraph (A) of this paragraph shall
+not apply if-
+
+(i) the licensor has granted and there remain in effect licenses under
+section 106(6) for the public performance of sound recordings by means
+of digital audio transmission by at least 5 different interactive
+services; *Provided, however*, That each such license must be for a
+minimum of 10 percent of the copyrighted sound recordings owned by the
+licensor that have been licensed to interactive services, but in no
+event less than 50 sound recordings; or
+
+(ii) the exclusive license is granted to perform publicly up to 45
+seconds of a sound recording and the sole purpose of the performance is
+to promote the distribution or performance of that sound recording.
+
+(C) Notwithstanding the grant of an exclusive or nonexclusive license of
+the right of public performance under section 106(6), an interactive
+service may not publicly perform a sound recording unless a license has
+been granted for the public performance of any copyrighted musical work
+contained in the sound recording: *Provided*, That such license to
+publicly perform the copyrighted musical work may be granted either by a
+performing rights society representing the copyright owner or by the
+copyright owner.
+
+(D) The performance of a sound recording by means of a retransmission of
+a digital audio transmission is not an infringement of section 106(6)
+if-
+
+(i) the retransmission is of a transmission by an interactive service
+licensed to publicly perform the sound recording to a particular member
+of the public as part of that transmission; and
+
+(ii) the retransmission is simultaneous with the licensed transmission,
+authorized by the transmitter, and limited to that particular member of
+the public intended by the interactive service to be the recipient of
+the transmission.
+
+(E) For the purposes of this paragraph-
+
+(i) a "licensor" shall include the licensing entity and any other entity
+under any material degree of common ownership, management, or control
+that owns copyrights in sound recordings; and
+
+(ii) a "performing rights society" is an association or corporation that
+licenses the public performance of nondramatic musical works on behalf
+of the copyright owner, such as the American Society of Composers,
+Authors and Publishers, Broadcast Music, Inc., and SESAC, Inc.
+
+(4) Rights not otherwise limited.-
+
+(A) Except as expressly provided in this section, this section does not
+limit or impair the exclusive right to perform a sound recording
+publicly by means of a digital audio transmission under section 106(6).
+
+(B) Nothing in this section annuls or limits in any way-
+
+(i) the exclusive right to publicly perform a musical work, including by
+means of a digital audio transmission, under section 106(4);
+
+(ii) the exclusive rights in a sound recording or the musical work
+embodied therein under sections 106(1), 106(2) and 106(3); or
+
+(iii) any other rights under any other clause of section 106, or
+remedies available under this title as such rights or remedies exist
+either before or after the date of enactment of the Digital Performance
+Right in Sound Recordings Act of 1995.
+
+(C) Any limitations in this section on the exclusive right under section
+106(6) apply only to the exclusive right under section 106(6) and not to
+any other exclusive rights under section 106. Nothing in this section
+shall be construed to annul, limit, impair or otherwise affect in any
+way the ability of the owner of a copyright in a sound recording to
+exercise the rights under sections 106(1), 106(2) and 106(3), or to
+obtain the remedies available under this title pursuant to such rights,
+as such rights and remedies exist either before or after the date of
+enactment of the Digital Performance Right in Sound Recordings Act of
+1995.
+
+(e) Authority for Negotiations.-
+
+(1) Notwithstanding any provision of the antitrust laws, in negotiating
+statutory licenses in accordance with subsection (f), any copyright
+owners of sound recordings and any entities performing sound recordings
+affected by this section may negotiate and agree upon the royalty rates
+and license terms and conditions for the performance of such sound
+recordings and the proportionate division of fees paid among copyright
+owners, and may designate common agents on a nonexclusive basis to
+negotiate, agree to, pay, or receive payments.
+
+(2) For licenses granted under section 106(6), other than statutory
+licenses, such as for performances by interactive services or
+performances that exceed the sound recording performance complement
+
+(A) copyright owners of sound recordings affected by this section may
+designate common agents to act on their behalf to grant licenses and
+receive and remit royalty payments: *Provided*, That each copyright
+owner shall establish the royalty rates and material license terms and
+conditions unilaterally, that is, not in agreement, combination, or
+concert with other copyright owners of sound recordings; and
+
+(B) entities performing sound recordings affected by this section may
+designate common agents to act on their behalf to obtain licenses and
+collect and pay royalty fees: *Provided*, That each entity performing
+sound recordings shall determine the royalty rates and material license
+terms and conditions unilaterally, that is, not in agreement,
+combination, or concert with other entities performing sound recordings.
+
+(f) Licenses for Certain Nonexempt Transmissions. [47]
+
+(1)(A) [48] No later than 30 days after the enactment of the Digital
+Performance Right in Sound Recordings Act of 1995, the Librarian of
+Congress shall cause notice to be published in the Federal Register of
+the initiation of voluntary negotiation proceedings for the purpose of
+determining reasonable terms and rates of royalty payments for
+subscription transmissions by preexisting subscription services and
+transmissions by preexisting satellite digital audio radio services
+specified by subsection (d)(2) of this section during the period
+beginning on the effective date of such Act and ending on December 31,
+2001, or, if a copyright arbitration royalty panel is convened, ending
+30 days after the Librarian issues and publishes in the Federal Register
+an order adopting the determination of the copyright arbitration royalty
+panel or an order setting the terms and rates (if the Librarian rejects
+the panel's determination). Such terms and rates shall distinguish among
+the different types of digital audio transmission services then in
+operation. Any copyright owners of sound recordings, preexisting
+subscription services, or preexisting satellite digital audio radio
+services may submit to the Librarian of Congress licenses covering such
+subscription transmissions with respect to such sound recordings. The
+parties to each negotiation proceeding shall bear their own costs.
+
+(B) In the absence of license agreements negotiated under subparagraph
+(A), during the 60-day period commencing 6 months after publication of
+the notice specified in subparagraph (A), and upon the filing of a
+petition in accordance with section 803(a)(1), the Librarian of Congress
+shall, pursuant to chapter 8, convene a copyright arbitration royalty
+panel to determine and publish in the Federal Register a schedule of
+rates and terms which, subject to paragraph (3), shall be binding on all
+copyright owners of sound recordings and entities performing sound
+recordings affected by this paragraph. In establishing rates and terms
+for preexisting subscription services and preexisting satellite digital
+audio radio services, in addition to the objectives set forth in section
+801(b)(1), the copyright arbitration royalty panel may consider the
+rates and terms for comparable types of subscription digital audio
+transmission services and comparable circumstances under voluntary
+license agreements negotiated as provided in subparagraph (A).
+
+(C)(i) Publication of a notice of the initiation of voluntary
+negotiation proceedings as specified in subparagraph (A) shall be
+repeated, in accordance with regulations that the Librarian of Congress
+shall prescribe-
+
+(I) no later than 30 days after a petition is filed by any copyright
+owners of sound recordings, any preexisting subscription services, or
+any preexisting satellite digital audio radio services indicating that a
+new type of subscription digital audio transmission service on which
+sound recordings are performed is or is about to become operational; and
+
+(II) in the first week of January 2001, and at 5-year intervals
+thereafter.
+
+(ii) The procedures specified in subparagraph (B) shall be repeated, in
+accordance with regulations that the Librarian of Congress shall
+prescribe, upon filing of a petition in accordance with section 803(a)
+(1) during a 60-day period commencing-
+
+(I) 6 months after publication of a notice of the initiation of
+voluntary negotiation proceedings under subparagraph (A) pursuant to a
+petition under clause (i)(I) of this subparagraph; or
+
+(II) on July 1, 2001, and at 5-year intervals thereafter.
+
+(iii) The procedures specified in subparagraph (B) shall be concluded in
+accordance with section 802.
+
+(2)(A) No later than 30 days after the date of the enactment of the
+Digital Millennium Copyright Act, the Librarian of Congress shall cause
+notice to be published in the Federal Register of the initiation of
+voluntary negotiation proceedings for the purpose of determining
+reasonable terms and rates of royalty payments for public performances
+of sound recordings by means of eligible nonsubscription transmissions
+and transmissions by new subscription services specified by subsection
+(d)(2) during the period beginning on the date of the enactment of such
+Act and ending on December 31, 2000, or such other date as the parties
+may agree. Such rates and terms shall distinguish among the different
+types of eligible nonsubscription transmission services and new
+subscription services then in operation and shall include a minimum fee
+for each such type of service. Any copyright owners of sound recordings
+or any entities performing sound recordings affected by this paragraph
+may submit to the Librarian of Congress licenses covering such eligible
+nonsubscription transmissions and new subscription services with respect
+to such sound recordings. The parties to each negotiation proceeding
+shall bear their own costs.
+
+(B) In the absence of license agreements negotiated under subparagraph
+(A), during the 60-day period commencing 6 months after publication of
+the notice specified in subparagraph (A), and upon the filing of a
+petition in accordance with section 803(a)(1), the Librarian of Congress
+shall, pursuant to chapter 8, convene a copyright arbitration royalty
+panel to determine and publish in the Federal Register a schedule of
+rates and terms which, subject to paragraph (3), shall be binding on all
+copyright owners of sound recordings and entities performing sound
+recordings affected by this paragraph during the period beginning on the
+date of the enactment of the Digital Millennium Copyright Act and ending
+on December 31, 2000, or such other date as the parties may agree. Such
+rates and terms shall distinguish among the different types of eligible
+nonsubscription transmission services then in operation and shall
+include a minimum fee for each such type of service, such differences to
+be based on criteria including, but not limited to, the quantity and
+nature of the use of sound recordings and the degree to which use of the
+service may substitute for or may promote the purchase of phonorecords
+by consumers. In establishing rates and terms for transmissions by
+eligible nonsubscription services and new subscription services, the
+copyright arbitration royalty panel shall establish rates and terms that
+most clearly represent the rates and terms that would have been
+negotiated in the marketplace between a willing buyer and a willing
+seller. In determining such rates and terms, the copyright arbitration
+royalty panel shall base its decision on economic, competitive and
+programming information presented by the parties, including-
+
+(i) whether use of the service may substitute for or may promote the
+sales of phonorecords or otherwise may interfere with or may enhance the
+sound recording copyright owner's other streams of revenue from its
+sound recordings; and
+
+(ii) the relative roles of the copyright owner and the transmitting
+entity in the copyrighted work and the service made available to the
+public with respect to relative creative contribution, technological
+contribution, capital in-vestment, cost, and risk.
+
+In establishing such rates and terms, the copyright arbitration royalty
+panel may consider the rates and terms for comparable types of digital
+audio transmission services and comparable circumstances under voluntary
+license agreements negotiated under subparagraph (A).
+
+(C)(i) Publication of a notice of the initiation of voluntary
+negotiation proceedings as specified in subparagraph (A) shall be
+repeated in accordance with regulations that the Librarian of Congress
+shall prescribe-
+
+(I) no later than 30 days after a petition is filed by any copyright
+owners of sound recordings or any eligible nonsubscription service or
+new subscription service indicating that a new type of eligible
+nonsubscription service or new subscription service on which sound
+recordings are performed is or is about to become operational; and
+
+(II) in the first week of January 2000, and at 2-year intervals
+thereafter, except to the extent that different years for the repeating
+of such proceedings may be determined in accordance with subparagraph
+(A).
+
+(ii) The procedures specified in subparagraph (B) shall be repeated, in
+accordance with regulations that the Librarian of Congress shall
+prescribe, upon filing of a petition in accordance with section 803(a)
+(1) during a 60-day period commencing-
+
+(I) 6 months after publication of a notice of the initiation of
+voluntary negotiation proceedings under subparagraph (A) pursuant to a
+petition under clause (i)(I); or
+
+(II) on July 1, 2000, and at 2-year intervals thereafter, except to the
+extent that different years for the repeating of such proceedings may be
+determined in accordance with subparagraph (A).
+
+(iii) The procedures specified in subparagraph (B) shall be concluded in
+accordance with section 802.
+
+(3) License agreements voluntarily negotiated at any time between 1 or
+more copyright owners of sound recordings and 1 or more entities
+performing sound recordings shall be given effect in lieu of any
+determination by a copyright arbitration royalty panel or decision by
+the Librarian of Congress.
+
+(4)(A) The Librarian of Congress shall also establish requirements by
+which copyright owners may receive reasonable notice of the use of their
+sound recordings under this section, and under which records of such use
+shall be kept and made available by entities performing sound
+recordings.
+
+(B) Any person who wishes to perform a sound recording publicly by means
+of a transmission eligible for statutory licensing under this subsection
+may do so without infringing the exclusive right of the copyright owner
+of the sound recording-
+
+(i) by complying with such notice requirements as the Librarian of
+Congress shall prescribe by regulation and by paying royalty fees in
+accordance with this subsection; or
+
+(ii) if such royalty fees have not been set, by agreeing to pay such
+royalty fees as shall be determined in accordance with this subsection.
+
+(C) Any royalty payments in arrears shall be made on or before the
+twentieth day of the month next succeeding the month in which the
+royalty fees are set.
+
+(g) Proceeds From Licensing of Transmissions.-
+
+(1) Except in the case of a transmission licensed under a statutory
+license in accordance with subsection (f) of this section-
+
+(A) a featured recording artist who performs on a sound recording that
+has been licensed for a transmission shall be entitled to receive
+payments from the copyright owner of the sound recording in accordance
+with the terms of the artist's contract; and
+
+(B) a nonfeatured recording artist who performs on a sound recording
+that has been licensed for a transmission shall be entitled to receive
+payments from the copyright owner of the sound recording in accordance
+with the terms of the nonfeatured recording artist's applicable contract
+or other applicable agreement.
+
+(2) The copyright owner of the exclusive right under section 106(6) of
+this title to publicly perform a sound recording by means of a digital
+audio transmission shall allocate to recording artists in the following
+manner its receipts from the statutory licensing of transmission
+performances of the sound recording in accordance with subsection (f) of
+this section:
+
+(A) 21/2 percent of the receipts shall be deposited in an escrow account
+managed by an independent administrator jointly appointed by copyright
+owners of sound recordings and the American Federation of Musicians (or
+any successor entity) to be distributed to nonfeatured musicians
+(whether or not members of the American Federation of Musicians) who
+have performed on sound recordings.
+
+(B) 21/2 percent of the receipts shall be deposited in an escrow account
+managed by an independent administrator jointly appointed by copyright
+owners of sound recordings and the American Federation of Television and
+Radio Artists (or any successor entity) to be distributed to nonfeatured
+vocalists (whether or not members of the American Federation of
+Television and Radio Artists) who have performed on sound recordings.
+
+(C) 45 percent of the receipts shall be allocated, on a per sound
+recording basis, to the recording artist or artists featured on such
+sound recording (or the persons conveying rights in the artists'
+performance in the sound recordings).
+
+(h) Licensing to Affiliates.-
+
+(1) If the copyright owner of a sound recording licenses an affiliated
+entity the right to publicly perform a sound recording by means of a
+digital audio transmission under section 106(6), the copyright owner
+shall make the licensed sound recording available under section 106(6)
+on no less favorable terms and conditions to all bona fide entities that
+offer similar services, except that, if there are material differences
+in the scope of the requested license with respect to the type of
+service, the particular sound recordings licensed, the frequency of use,
+the number of subscribers served, or the duration, then the copyright
+owner may establish different terms and conditions for such other
+services.
+
+(2) The limitation set forth in paragraph (1) of this subsection shall
+not apply in the case where the copyright owner of a sound recording
+licenses-
+
+(A) an interactive service; or
+
+(B) an entity to perform publicly up to 45 seconds of the sound
+recording and the sole purpose of the performance is to promote the
+distribution or performance of that sound recording.
+
+(i) No Effect on Royalties for Underlying Works.  License fees payable
+for the public performance of sound recordings under section 106(6)
+shall not be taken into account in any administrative, judicial, or
+other governmental proceeding to set or adjust the royalties payable to
+copyright owners of musical works for the public performance of their
+works. It is the intent of Congress that royalties payable to copyright
+owners of musical works for the public performance of their works shall
+not be diminished in any respect as a result of the rights granted by
+section 106(6).
+
+(j) Definitions.   As used in this section, the following terms have the
+following meanings:
+
+(l) An "affiliated entity" is an entity engaging in digital audio
+transmissions covered by section 106(6), other than an interactive
+service, in which the licensor has any direct or indirect partnership or
+any ownership interest amounting to 5 percent or more of the outstanding
+voting or non-voting stock.
+
+(2) An "archived program" is a predetermined program that is available
+repeatedly on the demand of the transmission recipient and that is
+performed in the same order from the beginning, except that an archived
+program shall not include a re-corded event or broadcast transmission
+that makes no more than an incidental use of sound recordings, as long
+as such recorded event or broadcast transmission does not contain an
+entire sound recording or feature a particular sound recording.
+
+(3) A "broadcast" transmission is a transmission made by a terrestrial
+broadcast station licensed as such by the Federal Communications
+Commission.
+
+(4) A "continuous program" is a predetermined program that is
+continuously performed in the same order and that is accessed at a point
+in the program that is beyond the control of the transmission recipient.
+
+(5) A "digital audio transmission" is a digital transmission as defined
+in section 101, that embodies the transmission of a sound recording.
+This term does not include the transmission of any audiovisual work.
+
+(6) An "eligible nonsubscription transmission" is a noninteractive
+nonsubscription digital audio transmission not exempt under subsection
+(d)(1) that is made as part of a service that provides audio programming
+consisting, in whole or in part, of performances of sound recordings,
+including retransmissions of broadcast transmissions, if the primary
+purpose of the service is to provide to the public such audio or other
+entertainment programming, and the primary purpose of the service is not
+to sell, advertise, or promote particular products or services other
+than sound recordings, live concerts, or other music-related events.
+
+(7) An "interactive service" is one that enables a member of the public
+to receive a transmission of a program specially created for the
+recipient, or on request, a transmission of a particular sound
+recording, whether or not as part of a program, which is selected by or
+on behalf of the recipient. The ability of individuals to request that
+particular sound recordings be performed for reception by the public at
+large, or in the case of a subscription service, by all subscribers of
+the service, does not make a service interactive, if the programming on
+each channel of the service does not substantially consist of sound
+recordings that are performed within 1 hour of the request or at a time
+designated by either the transmitting entity or the individual making
+such request. If an entity offers both interactive and noninteractive
+services (either concurrently or at different times), the noninteractive
+component shall not be treated as part of an interactive service.
+
+(8) A "new subscription service" is a service that performs sound
+recordings by means of noninteractive subscription digital audio
+transmissions and that is not a preexisting subscription service or a
+preexisting satellite digital audio radio service.
+
+(9) A "nonsubscription" transmission is any transmission that is not a
+subscription transmission.
+
+(10) A "preexisting satellite digital audio radio service" is a
+subscription satellite digital audio radio service provided pursuant to
+a satellite digital audio radio service license issued by the Federal
+Communications Commission on or before July 31, 1998, and any renewal of
+such license to the extent of the scope of the original license, and may
+include a limited number of sample channels representative of the
+subscription service that are made available on a nonsubscription basis
+in order to promote the subscription service.
+
+(11) A "preexisting subscription service" is a service that performs
+sound recordings by means of noninteractive audio-only subscription
+digital audio transmissions, which was in existence and was making such
+transmissions to the public for a fee on or before July 31, 1998, and
+may include a limited number of sample channels representative of the
+subscription service that are made available on a nonsubscription basis
+in order to promote the subscription service.
+
+(12) A "retransmission" is a further transmission of an initial
+transmission, and includes any further retransmission of the same
+transmission. Except as provided in this section, a transmission
+qualifies as a "retransmission" only if it is simultaneous with the
+initial transmission. Nothing in this definition shall be construed to
+exempt a transmission that fails to satisfy a separate element required
+to qualify for an exemption under section 114(d)(1).
+
+(13) The "sound recording performance complement" is the transmission
+during any 3-hour period, on a particular channel used by a transmitting
+entity, of no more than-
+
+(A) 3 different selections of sound recordings from any one phonorecord
+lawfully distributed for public performance or sale in the United
+States, if no more than 2 such selections are transmitted consecutively;
+or
+
+(B) 4 different selections of sound recordings-
+
+(i) by the same featured recording artist; or
+
+(ii) from any set or compilation of phonorecords lawfully distributed
+together as a unit for public performance or sale in the United States,
+if no more than three such selections are transmitted consecutively:
+
+*Provided*, That the transmission of selections in excess of the
+numerical limits provided for in clauses (A) and (B) from multiple
+phonorecords shall nonetheless qualify as a sound recording performance
+complement if the programming of the multiple phonorecords was not
+willfully intended to avoid the numerical limitations prescribed in such
+clauses.
+
+(14) A "subscription" transmission is a transmission that is controlled
+and limited to particular recipients, and for which consideration is
+required to be paid or otherwise given by or on behalf of the recipient
+to receive the transmission or a package of transmissions including the
+transmission.
+
+(15) A "transmission" is either an initial transmission or a
+retransmission.
+
+
+Section 115. Scope of exclusive rights in nondramatic musical works:
+Compulsory license for making and distributing phonorecords [49]
+
+In the case of nondramatic musical works, the exclusive rights provided
+by clauses (1) and (3) of section 106, to make and to distribute
+phonorecords of such works, are subject to compulsory licensing under
+the conditions specified by this section.
+
+(a) Availability and Scope of Compulsory License.-
+
+(1) When phonorecords of a nondramatic musical work have been
+distributed to the public in the United States under the authority of
+the copyright owner, any other person, including those who make
+phonorecords or digital phonorecord deliveries, may, by complying with
+the provisions of this section, obtain a compulsory license to make and
+distribute phonorecords of the work. A person may obtain a compulsory
+license only if his or her primary purpose in making phonorecords is to
+distribute them to the public for private use, including by means of a
+digital phonorecord delivery. A person may not obtain a compulsory
+license for use of the work in the making of phonorecords duplicating a
+sound recording fixed by another, unless:
+
+(i) such sound recording was fixed lawfully; and
+
+(ii) the making of the phonorecords was authorized by the owner of
+copyright in the sound recording or, if the sound recording was fixed
+before February 15, 1972, by any person who fixed the sound recording
+pursuant to an express license from the owner of the copyright in the
+musical work or pursuant to a valid compulsory license for use of such
+work in a sound recording.
+
+(2) A compulsory license includes the privilege of making a musical
+arrangement of the work to the extent necessary to conform it to the
+style or manner of interpretation of the performance involved, but the
+arrangement shall not change the basic melody or fundamental character
+of the work, and shall not be subject to protection as a derivative work
+under this title, except with the express consent of the copyright
+owner.
+
+(b) Notice of Intention to Obtain Compulsory License.-
+
+(1) Any person who wishes to obtain a compulsory license under this
+section shall, before or within thirty days after making, and before
+distributing any phonorecords of the work, serve notice of intention to
+do so on the copyright owner. If the registration or other public
+records of the Copyright Office do not identify the copyright owner and
+include an address at which notice can be served, it shall be sufficient
+to file the notice of intention in the Copyright Office. The notice
+shall comply, in form, content, and manner of service, with requirements
+that the Register of Copyrights shall prescribe by regulation.
+
+(2) Failure to serve or file the notice required by clause (1)
+forecloses the possibility of a compulsory license and, in the absence
+of a negotiated license, renders the making and distribution of
+phonorecords actionable as acts of infringement under section 501 and
+fully subject to the remedies provided by sections 502 through 506 and
+509.
+
+(c) Royalty Payable Under Compulsory License. [50]-
+
+(1) To be entitled to receive royalties under a compulsory license, the
+copyright owner must be identified in the registration or other public
+records of the Copyright Office. The owner is entitled to royalties for
+phonorecords made and distributed after being so identified, but is not
+entitled to recover for any phonorecords previously made and
+distributed.
+
+(2) Except as provided by clause (1), the royalty under a compulsory
+license shall be payable for every phonorecord made and distributed in
+accordance with the license. For this purpose, and other than as
+provided in paragraph (3), a phonorecord is considered "distributed" if
+the person exercising the compulsory license has voluntarily and
+permanently parted with its possession. With respect to each work
+embodied in the phonorecord, the royalty shall be either two and three-
+fourths cents, or one-half of one cent per minute of playing time or
+fraction thereof, whichever amount is larger. [51]
+
+(3)(A) A compulsory license under this section includes the right of the
+compulsory licensee to distribute or authorize the distribution of a
+phonorecord of a nondramatic musical work by means of a digital
+transmission which constitutes a digital phonorecord delivery,
+regardless of whether the digital transmission is also a public
+performance of the sound recording under section 106(6) of this title or
+of any nondramatic musical work embodied therein under section 106(4) of
+this title. For every digital phonorecord delivery by or under the
+authority of the compulsory licensee-
+
+(i) on or before December 31, 1997, the royalty payable by the
+compulsory licensee shall be the royalty prescribed under paragraph (2)
+and chapter 8 of this title; and
+
+(ii) on or after January 1, 1998, the royalty payable by the compulsory
+licensee shall be the royalty prescribed under subparagraphs (B) through
+(F) and chapter 8 of this title.
+
+(B) Notwithstanding any provision of the antitrust laws, any copyright
+owners of nondramatic musical works and any persons entitled to obtain a
+compulsory license under subsection (a)(1) may negotiate and agree upon
+the terms and rates of royalty payments under this paragraph and the
+proportionate division of fees paid among copyright owners, and may
+designate common agents to negotiate, agree to, pay or receive such
+royalty payments. Such authority to negotiate the terms and rates of
+royalty payments includes, but is not limited to, the authority to
+negotiate the year during which the royalty rates prescribed under
+subparagraphs (B) through (F) and chapter 8 of this title shall next be
+determined.
+
+(C) During the period of June 30, 1996, through December 31, 1996, the
+Librarian of Congress shall cause notice to be published in the Federal
+Register of the initiation of voluntary negotiation proceedings for the
+purpose of determining reasonable terms and rates of royalty payments
+for the activities specified by subparagraph (A) during the period
+beginning January 1, 1998, and ending on the effective date of any new
+terms and rates established pursuant to subparagraph (C), (D) or (F), or
+such other date (regarding digital phonorecord deliveries) as the
+parties may agree. Such terms and rates shall distinguish between (i)
+digital phonorecord deliveries where the reproduction or distribution of
+a phonorecord is incidental to the transmission which constitutes the
+digital phonorecord delivery, and (ii) digital phonorecord deliveries in
+general. Any copyright owners of nondramatic musical works and any
+persons entitled to obtain a compulsory license under subsection (a)(1)
+may submit to the Librarian of Congress licenses covering such
+activities. The parties to each negotiation proceeding shall bear their
+own costs.
+
+(D) In the absence of license agreements negotiated under subparagraphs
+(B) and (C), upon the filing of a petition in accordance with section
+803(a)(1), the Librarian of Congress shall, pursuant to chapter 8,
+convene a copyright arbitration royalty panel to determine a schedule of
+rates and terms which, subject to subparagraph (E), shall be binding on
+all copyright owners of nondramatic musical works and persons entitled
+to obtain a compulsory license under subsection (a)(1) during the period
+beginning January 1, 1998, and ending on the effective date of any new
+terms and rates established pursuant to subparagraph (C), (D) or (F), or
+such other date (regarding digital phonorecord deliveries) as may be
+determined pursuant to subparagraphs (B) and (C). Such terms and rates
+shall distinguish between (i) digital phonorecord deliveries where the
+reproduction or distribution of a phonorecord is incidental to the
+transmission which constitutes the digital phonorecord delivery, and
+(ii) digital phonorecord deliveries in general. In addition to the
+objectives set forth in section 801(b)(1), in establishing such rates
+and terms, the copyright arbitration royalty panel may consider rates
+and terms under voluntary license agreements negotiated as provided in
+subparagraphs (B) and (C). The royalty rates payable for a compulsory
+license for a digital phonorecord delivery under this section shall be
+established de novo and no precedential effect shall be given to the
+amount of the royalty payable by a compulsory licensee for digital
+phonorecord deliveries on or before December 31, 1997. The Librarian of
+Congress shall also establish requirements by which copyright owners may
+receive reasonable notice of the use of their works under this section,
+and under which records of such use shall be kept and made available by
+persons making digital phonorecord deliveries.
+
+(E)(i) License agreements voluntarily negotiated at any time between one
+or more copyright owners of nondramatic musical works and one or more
+persons entitled to obtain a compulsory license under subsection (a)(1)
+shall be given effect in lieu of any determination by the Librarian of
+Congress. Subject to clause (ii), the royalty rates determined pursuant
+to subparagraph (C), (D) or (F) shall be given effect in lieu of any
+contrary royalty rates specified in a contract pursuant to which a
+recording artist who is the author of a nondramatic musical work grants
+a license under that person's exclusive rights in the musical work under
+paragraphs (1) and (3) of section 106 or commits another person to grant
+a license in that musical work under paragraphs (1) and (3) of section
+106, to a person desiring to fix in a tangible medium of expression a
+sound recording embodying the musical work.
+
+(ii) The second sentence of clause (i) shall not apply to-
+
+(I) a contract entered into on or before June 22, 1995 and not modified
+thereafter for the purpose of reducing the royalty rates determined
+pursuant to subparagraph (C), (D) or (F) or of increasing the number of
+musical works within the scope of the contract covered by the reduced
+rates, except if a contract entered into on or before June 22, 1995, is
+modified thereafter for the purpose of increasing the number of musical
+works within the scope of the contract, any contrary royalty rates
+specified in the contract shall be given effect in lieu of royalty rates
+determined pursuant to subparagraph (C), (D) or (F) for the number of
+musical works within the scope of the contract as of June 22, 1995; and
+
+(II) a contract entered into after the date that the sound recording is
+fixed in a tangible medium of expression substantially in a form
+intended for commercial release, if at the time the contract is entered
+into, the recording artist retains the right to grant licenses as to the
+musical work under paragraphs (1) and (3) of section 106.
+
+(F) The procedures specified in subparagraphs (C) and (D) shall be
+repeated and concluded, in accordance with regulations that the
+Librarian of Congress shall prescribe, in each fifth calendar year after
+1997, except to the extent that different years for the repeating and
+concluding of such proceedings may be determined in accordance with
+subparagraphs (B) and (C).
+
+(G) Except as provided in section 1002(e) of this title, a digital
+phonorecord delivery licensed under this paragraph shall be accompanied
+by the information encoded in the sound recording, if any, by or under
+the authority of the copyright owner of that sound recording, that
+identifies the title of the sound recording, the featured recording
+artist who performs on the sound recording, and related information,
+including information concerning the underlying musical work and its
+writer.
+
+(H)(i) A digital phonorecord delivery of a sound recording is actionable
+as an act of infringement under section 501, and is fully subject to the
+remedies provided by sections 502 through 506 and section 509, unless-
+
+(I) the digital phonorecord delivery has been authorized by the
+copyright owner of the sound recording; and
+
+(II) the owner of the copyright in the sound recording or the entity
+making the digital phonorecord delivery has obtained a compulsory
+license under this section or has otherwise been authorized by the
+copyright owner of the musical work to distribute or authorize the
+distribution, by means of a digital phonorecord delivery, of each
+musical work embodied in the sound recording.
+
+(ii) Any cause of action under this subparagraph shall be in addition to
+those available to the owner of the copyright in the nondramatic musical
+work under subsection (c)(6) and section 106(4) and the owner of the
+copyright in the sound recording under section 106(6).
+
+(I) The liability of the copyright owner of a sound recording for
+infringement of the copyright in a nondramatic musical work embodied in
+the sound recording shall be determined in accordance with applicable
+law, except that the owner of a copyright in a sound recording shall not
+be liable for a digital phonorecord delivery by a third party if the
+owner of the copyright in the sound recording does not license the
+distribution of a phonorecord of the nondramatic musical work.
+
+(J) Nothing in section 1008 shall be construed to prevent the exercise
+of the rights and remedies allowed by this paragraph, paragraph (6), and
+chapter 5 in the event of a digital phonorecord delivery, except that no
+action alleging infringement of copyright may be brought under this
+title against a manufacturer, importer or distributor of a digital audio
+recording device, a digital audio recording medium, an analog recording
+device, or an analog recording medium, or against a consumer, based on
+the actions described in such section.
+
+(K) Nothing in this section annuls or limits
+
+(i) the exclusive right to publicly perform a sound recording or the
+musical work embodied therein, including by means of a digital
+transmission, under sections 106(4) and 106(6),
+
+(ii) except for compulsory licensing under the conditions specified by
+this section, the exclusive rights to reproduce and distribute the sound
+recording and the musical work embodied therein under sections 106(1)
+and 106(3), including by means of a digital phonorecord delivery, or
+(iii) any other rights under any other provision of section 106, or
+remedies available under this title, as such rights or remedies exist
+either before or after the date of enactment of the Digital Performance
+Right in Sound Recordings Act of 1995.
+
+(L) The provisions of this section concerning digital phonorecord
+deliveries shall not apply to any exempt transmissions or
+retransmissions under section 114(d)(1). The exemptions created in
+section 114(d)(1) do not expand or reduce the rights of copyright owners
+under section 106(1) through (5) with respect to such transmissions and
+retransmissions.
+
+(4) A compulsory license under this section includes the right of the
+maker of a phonorecord of a nondramatic musical work under subsection
+(a)(1) to distribute or authorize distribution of such phonorecord by
+rental, lease, or lending (or by acts or practices in the nature of
+rental, lease, or lending). In addition to any royalty payable under
+clause (2) and chapter 8 of this title, a royalty shall be payable by
+the compulsory licensee for every act of distribution of a phonorecord
+by or in the nature of rental, lease, or lending, by or under the
+authority of the compulsory licensee. With respect to each nondramatic
+musical work embodied in the phonorecord, the royalty shall be a
+proportion of the revenue received by the compulsory licensee from every
+such act of distribution of the phonorecord under this clause equal to
+the proportion of the revenue received by the compulsory licensee from
+distribution of the phonorecord under clause (2) that is payable by a
+compulsory licensee under that clause and under chapter 8. The Register
+of Copyrights shall issue regulations to carry out the purpose of this
+clause.
+
+(5) Royalty payments shall be made on or before the twentieth day of
+each month and shall include all royalties for the month next preceding.
+Each monthly payment shall be made under oath and shall comply with
+requirements that the Register of Copyrights shall prescribe by
+regulation. The Register shall also prescribe regulations under which
+detailed cumulative annual statements of account, certified by a
+certified public accountant, shall be filed for every compulsory license
+under this section. The regulations covering both the monthly and the
+annual statements of account shall prescribe the form, content, and
+manner of certification with respect to the number of records made and
+the number of records distributed.
+
+(6) If the copyright owner does not receive the monthly payment and the
+monthly and annual statements of account when due, the owner may give
+written notice to the licensee that, unless the default is remedied
+within thirty days from the date of the notice, the compulsory license
+will be automatically terminated. Such termination renders either the
+making or the distribution, or both, of all phonorecords for which the
+royalty has not been paid, actionable as acts of infringement under
+section 501 and fully subject to the remedies provided by sections 502
+through 506 and 509.
+
+(d) Definition.  As used in this section, the following term has the
+following meaning: A "digital phonorecord delivery" is each individual
+delivery of a phonorecord by digital transmission of a sound recording
+which results in a specifically identifiable reproduction by or for any
+transmission recipient of a phonorecord of that sound recording,
+regardless of whether the digital transmission is also a public
+performance of the sound recording or any nondramatic musical work
+embodied therein. A digital phonorecord delivery does not result from a
+real-time, non-interactive subscription transmission of a sound
+recording where no reproduction of the sound recording or the musical
+work embodied therein is made from the inception of the transmission
+through to its receipt by the transmission recipient in order to make
+the sound recording audible.
+
+
+Section 116. Negotiated licenses for public performances by means of coin-
+operated phonorecord players [52]
+
+(a) Applicability of Section.   This section applies to any nondramatic
+musical work embodied in a phonorecord.
+
+(b) Negotiated Licenses.-
+
+(1) Authority for negotiations.   Any owners of copyright in works to
+which this section applies and any operators of coin-operated
+phonorecord players may negotiate and agree upon the terms and rates of
+royalty payments for the performance of such works and the proportionate
+division of fees paid among copyright owners, and may designate common
+agents to negotiate, agree to, pay, or receive such royalty payments.
+
+(2) Arbitration.   Parties not subject to such a negotiation, may
+determine, by arbitration in accordance with the provisions of chapter
+8, the terms and rates and the division of fees described in paragraph
+(1).
+
+(c) License Agreements Superior to Copyright Arbitration Royalty Panel
+Determinations.   License agreements between one or more copyright owners
+and one or more operators of coin-operated phonorecord players, which
+are negotiated in accordance with subsection (b), shall be given effect
+in lieu of any otherwise applicable determination by a copyright
+arbitration royalty panel.
+
+(d) Definitions.   As used in this section, the following terms mean the
+following:
+
+(1) A "coin-operated phonorecord player" is a machine or device that-
+
+(A) is employed solely for the performance of nondramatic musical works
+by means of phonorecords upon being activated by the insertion of coins,
+currency, tokens, or other monetary units or their equivalent;
+
+(B) is located in an establishment making no direct or indirect charge
+for admission;
+
+(C) is accompanied by a list which is comprised of the titles of all the
+musical works available for performance on it, and is affixed to the
+phonorecord player or posted in the establishment in a prominent
+position where it can be readily examined by the public; and
+
+(D) affords a choice of works available for performance and permits the
+choice to be made by the patrons of the establishment in which it is
+located.
+
+(2) An "operator" is any person who, alone or jointly with others-
+
+(A) owns a coin-operated phonorecord player;
+
+(B) has the power to make a coin-operated phonorecord player available
+for placement in an establishment for purposes of public performance; or
+
+(C) has the power to exercise primary control over the selection of the
+musical works made available for public performance on a coin-operated
+phonorecord player.
+
+
+Section 117. Limitations on exclusive rights: Computer programs [53]
+
+(a) Making of Additional Copy or Adaptation by Owner of Copy.
+Notwithstanding the provisions of section 106, it is not an infringement
+for the owner of a copy of a computer program to make or authorize the
+making of another copy or adaptation of that computer program provided:
+
+(1) that such a new copy or adaptation is created as an essential step
+in the utilization of the computer program in conjunction with a machine
+and that it is used in no other manner, or
+
+(2) that such new copy or adaptation is for archival purposes only and
+that all archival copies are destroyed in the event that continued
+possession of the computer program should cease to be rightful.
+
+(b) Lease, Sale, or Other Transfer of Additional Copy or Adaptation.  Any
+exact copies prepared in accordance with the provisions of this section
+may be leased, sold, or otherwise transferred, along with the copy from
+which such copies were prepared, only as part of the lease, sale, or
+other transfer of all rights in the program. Adaptations so prepared may
+be transferred only with the authorization of the copyright owner.
+
+(c) Machine Maintenance or Repair.   Notwithstanding the provisions of
+section 106, it is not an infringement for the owner or lessee of a
+machine to make or authorize the making of a copy of a computer program
+if such copy is made solely by virtue of the activation of a machine
+that lawfully contains an authorized copy of the computer program, for
+purposes only of maintenance or repair of that machine, if-
+
+(1) such new copy is used in no other manner and is destroyed
+immediately after the maintenance or repair is completed; and
+
+(2) with respect to any computer program or part thereof that is not
+necessary for that machine to be activated, such program or part thereof
+is not accessed or used other than to make such new copy by virtue of
+the activation of the machine.
+
+(d) Definitions.   For purposes of this section-
+
+(1) the "maintenance" of a machine is the servicing of the machine in
+order to make it work in accordance with its original specifications and
+any changes to those specifications authorized for that machine; and
+
+(2) the "repair" of a machine is the restoring of the machine to the
+state of working in accordance with its original specifications and any
+changes to those specifications authorized for that machine.
+
+
+Section 118. Scope of exclusive rights: Use of certain works in connection
+with noncommercial broadcasting [54]
+
+(a) The exclusive rights provided by section 106 shall, with respect to
+the works specified by subsection (b) and the activities specified by
+subsection (d), be subject to the conditions and limitations prescribed
+by this section.
+
+(b) Notwithstanding any provision of the antitrust laws, any owners of
+copyright in published nondramatic musical works and published
+pictorial, graphic, and sculptural works and any public broadcasting
+entities, respectively, may negotiate and agree upon the terms and rates
+of royalty payments and the proportionate division of fees paid among
+various copyright owners, and may designate common agents to negotiate,
+agree to, pay, or receive payments.
+
+(1) Any owner of copyright in a work specified in this subsection or any
+public broadcasting entity may submit to the Librarian of Congress
+proposed licenses covering such activities with respect to such works.
+The Librarian of Congress shall proceed on the basis of the proposals
+submitted to it as well as any other relevant information. The Librarian
+of Congress shall permit any interested party to submit information
+relevant to such proceedings.
+
+(2) License agreements voluntarily negotiated at any time between one or
+more copyright owners and one or more public broadcasting entities shall
+be given effect in lieu of any determination by the Librarian of
+Congress: *Provided*, That copies of such agreements are filed in the
+Copyright Office within thirty days of execution in accordance with
+regulations that the Register of Copyrights shall prescribe.
+
+(3) In the absence of license agreements negotiated under paragraph (2),
+the Librarian of Congress shall, pursuant to chapter 8, convene a
+copyright arbitration royalty panel to determine and publish in the
+Federal Register a schedule of rates and terms which, subject to
+paragraph (2), shall be binding on all owners of copyright in works
+specified by this subsection and public broadcasting entities,
+regardless of whether such copyright owners have submitted proposals to
+the Librarian of Congress. In establishing such rates and terms the
+copyright arbitration royalty panel may consider the rates for
+comparable circumstances under voluntary license agreements negotiated
+as provided in paragraph (2). The Librarian of Congress shall also
+establish requirements by which copyright owners may receive reasonable
+notice of the use of their works under this section, and under which
+records of such use shall be kept by public broadcasting entities.
+
+(c) The initial procedure specified in subsection (b) shall be repeated
+and concluded between June 30 and December 31, 1997, and at five-year
+intervals thereafter, in accordance with regulations that the Librarian
+of Congress shall prescribe.
+
+(d) Subject to the terms of any voluntary license agreements that have
+been negotiated as provided by subsection (b) (2), a public broadcasting
+entity may, upon compliance with the provisions of this section,
+including the rates and terms established by a copyright arbitration
+royalty panel under subsection (b) (3), engage in the following
+activities with respect to published nondramatic musical works and
+published pictorial, graphic, and sculptural works:
+
+(1) performance or display of a work by or in the course of a
+transmission made by a noncommercial educational broadcast station
+referred to in subsection (g); and
+
+(2) production of a transmission program, reproduction of copies or
+phonorecords of such a transmission program, and distribution of such
+copies or phonorecords, where such production, reproduction, or
+distribution is made by a nonprofit institution or organization solely
+for the purpose of transmissions specified in paragraph (1); and
+
+(3) the making of reproductions by a governmental body or a nonprofit
+institution of a transmission program simultaneously with its
+transmission as specified in paragraph (1), and the performance or
+display of the contents of such program under the conditions specified
+by paragraph (1) of section 110, but only if the reproductions are used
+for performances or displays for a period of no more than seven days
+from the date of the transmission specified in paragraph (1), and are
+destroyed before or at the end of such period. No person supplying, in
+accordance with paragraph (2), a reproduction of a transmission program
+to governmental bodies or nonprofit institutions under this paragraph
+shall have any liability as a result of failure of such body or
+institution to destroy such reproduction:  *Provided*, That it shall
+have notified such body or institution of the requirement for such
+destruction pursuant to this paragraph: *And provided further*, That if
+such body or institution itself fails to destroy such reproduction it
+shall be deemed to have infringed.
+
+(e) Except as expressly provided in this subsection, this section shall
+have no applicability to works other than those specified in subsection
+(b). Owners of copyright in nondramatic literary works and public
+broadcasting entities may, during the course of voluntary negotiations,
+agree among themselves, respectively, as to the terms and rates of
+royalty payments without liability under the antitrust laws. Any such
+terms and rates of royalty payments shall be effective upon filing in
+the Copyright Office, in accordance with regulations that the Register
+of Copyrights shall prescribe.
+
+(f) Nothing in this section shall be construed to permit, beyond the
+limits of fair use as provided by section 107, the unauthorized
+dramatization of a nondramatic musical work, the production of a
+transmission program drawn to any substantial extent from a published
+compilation of pictorial, graphic, or sculptural works, or the
+unauthorized use of any portion of an audiovisual work.
+
+(g) As used in this section, the term "public broadcasting entity" means
+a noncommercial educational broadcast station as defined in section 397
+of title 47 and any nonprofit institution or organization engaged in the
+activities described in paragraph (2) of subsection (d).
+
+
+Section 119. Limitations on exclusive rights: Secondary transmissions of
+superstations and network stations for private home viewing [55]
+
+(a) Secondary Transmissions by Satellite Carriers.-
+
+(1) Superstations and PBS Satellite Feed.  Subject to the provisions of
+paragraphs (3), (4), and (6) of this subsection and section 114(d),
+secondary transmissions of a performance or display of a work embodied
+in a primary transmission made by a superstation or by the Public
+Broadcasting Service satellite feed shall be subject to statutory
+licensing under this section if the secondary transmission is made by a
+satellite carrier to the public for private home viewing, with regard to
+secondary transmissions the satellite carrier is in compliance with the
+rules, regulations, or authorizations of the Federal Communications
+Commission governing the carriage of television broadcast station
+signals, and the carrier makes a direct or indirect charge for each
+retransmission service to each household receiving the secondary
+transmission or to a distributor that has contracted with the carrier
+for direct or indirect delivery of the secondary transmission to the
+public for private home viewing. In the case of the Public Broadcasting
+Service satellite feed, the statutory license shall be effective until
+January 1, 2002. [56]
+
+(2) Network stations.-
+
+(A) In general.   Subject to the provisions of subparagraphs (B) and (C)
+of this paragraph and paragraphs (3), (4), (5), and (6) of this
+subsection and section 114(d), secondary transmissions of a performance
+or display of a work embodied in a primary transmission made by a
+network station shall be subject to statutory licensing under this
+section if the secondary transmission is made by a satellite carrier to
+the public for private home viewing, with regard to secondary
+transmissions the satellite carrier is in compliance with the rules,
+regulations, or authorizations of the Federal Communications Commission
+governing the carriage of television broadcast station signals, and the
+carrier makes a direct or indirect charge for such retransmission
+service to each subscriber receiving the secondary transmission.
+
+(B) Secondary transmissions to unserved households.-
+
+(i) In general.  The statutory license provided for in subparagraph (A)
+shall be limited to secondary transmissions of the signals of no more
+than two network stations in a single day for each television network to
+persons who reside in unserved households.
+
+(ii) Accurate determinations of eligibility.-
+
+(I) Accurate predictive model.  In determining presumptively whether a
+person resides in an unserved household under subsection (d)(10)(A), a
+court shall rely on the Individual Location Longley-Rice model set forth
+by the Federal Communications Commission in Docket No. 98-201, as that
+model may be amended by the Commission over time under section 339(c)(3)
+of the Communications Act of 1934 to increase the accuracy of that
+model.
+
+(II) Accurate measurements.  For purposes of site measurements to
+determine whether a person resides in an unserved household under
+subsection (d)(10)(A), a court shall rely on section 339(c)(4) of the
+Communications Act of 1934.
+
+(iii) C-band exemption to unserved households.-
+
+(I) In general.  The limitations of clause (i) shall not apply to any
+secondary transmissions by C-band services of network stations that a
+subscriber to C-band service received before any termination of such
+secondary transmissions before October 31, 1999.
+
+(II) Definition.  In this clause the term "C-band service" means a
+service that is licensed by the Federal Communications Commission and
+operates in the Fixed Satellite Service under part 25 of title 47 of the
+Code of Federal Regulations.
+
+(C) Submission of subscriber lists to networks.  A satellite carrier that
+makes secondary transmissions of a primary transmission made by a
+network station pursuant to subparagraph (A) shall, 90 days after
+commencing such secondary transmissions, submit to the network that owns
+or is affiliated with the network station a list identifying (by name
+and street address, including county and zip code) all subscribers to
+which the satellite carrier makes secondary transmissions of that
+primary transmission. Thereafter, on the 15th of each month, the
+satellite carrier shall submit to the network a list identifying (by
+name and street address, including county and zip code) any persons who
+have been added or dropped as such subscribers since the last submission
+under this subparagraph. Such subscriber information submitted by a
+satellite carrier may be used only for purposes of monitoring compliance
+by the satellite carrier with this subsection. The submission
+requirements of this subparagraph shall apply to a satellite carrier
+only if the network to whom the submissions are to be made places on
+file with the Register of Copyrights a document identifying the name and
+address of the person to whom such submissions are to be made. The
+Register shall maintain for public inspection a file of all such
+documents.
+
+(3) Noncompliance with reporting and payment requirements.-
+Notwithstanding the provisions of paragraphs (1) and (2), the willful or
+repeated secondary transmission to the public by a satellite carrier of
+a primary transmission made by a superstation or a network station and
+embodying a performance or display of a work is actionable as an act of
+infringement under section 501, and is fully subject to the remedies
+provided by sections 502 through 506 and 509, where the satellite
+carrier has not deposited the statement of account and royalty fee
+required by subsection (b), or has failed to make the submissions to
+networks required by paragraph (2)(C).
+
+(4) Willful alterations.  Notwithstanding the provisions of paragraphs
+(1) and (2), the secondary transmission to the public by a satellite
+carrier of a performance or display of a work embodied in a primary
+transmission made by a superstation or a network station is actionable
+as an act of infringement under section 501, and is fully subject to the
+remedies provided by sections 502 through 506 and sections 509 and 510,
+if the content of the particular program in which the performance or
+display is embodied, or any commercial advertising or station
+announcement transmitted by the primary transmitter during, or
+immediately before or after, the transmission of such program, is in any
+way willfully altered by the satellite carrier through changes,
+deletions, or additions, or is combined with programming from any other
+broadcast signal.
+
+(5) Violation of territorial restrictions on statutory license for
+network stations.-
+
+(A) Individual violations.  The willful or repeated secondary
+transmission by a satellite carrier of a primary transmission made by a
+network station and embodying a performance or display of a work to a
+subscriber who does not reside in an unserved household is actionable as
+an act of infringement under section 501 and is fully subject to the
+remedies provided by sections 502 through 506 and 509, except that-
+
+(i) no damages shall be awarded for such act of infringement if the
+satellite carrier took corrective action by promptly withdrawing service
+from the ineligible subscriber, and
+
+(ii) any statutory damages shall not exceed $5 for such subscriber for
+each month during which the violation occurred.
+
+(B) Pattern of violations.  If a satellite carrier engages in a willful
+or repeated pattern or practice of delivering a primary transmission
+made by a network station and embodying a performance or display of a
+work to subscribers who do not reside in unserved households, then in
+addition to the remedies set forth in subparagraph (A)-
+
+(i) if the pattern or practice has been carried out on a substantially
+nationwide basis, the court shall order a permanent injunction barring
+the secondary transmission by the satellite carrier, for private home
+viewing, of the primary transmissions of any primary network station
+affiliated with the same network, and the court may order statutory
+damages of not to exceed $250,000 for each 6-month period during which
+the pattern or practice was carried out; and
+
+(ii) if the pattern or practice has been carried out on a local or
+regional basis, the court shall order a permanent injunction barring the
+secondary transmission, for private home viewing in that locality or
+region, by the satellite carrier of the primary transmissions of any
+primary network station affiliated with the same network, and the court
+may order statutory damages of not to exceed $250,000 for each 6-month
+period during which the pattern or practice was carried out.
+
+(C) Previous subscribers excluded.  Subparagraphs (A) and (B) do not
+apply to secondary transmissions by a satellite carrier to persons who
+subscribed to receive such secondary transmissions from the satellite
+carrier or a distributor before November 16, 1988.
+
+(D) Burden of proof. [57]  In any action brought under this paragraph,
+the satellite carrier shall have the burden of proving that its
+secondary transmission of a primary transmission by a network station is
+for private home viewing to an unserved household.
+
+(E) Exception.  The secondary transmission by a satellite carrier of a
+performance or display of a work embodied in a primary transmission made
+by a network station to subscribers who do not reside in unserved
+households shall not be an act of infringement if-
+
+(i) the station on May 1, 1991, was retransmitted by a satellite carrier
+and was not on that date owned or operated by or affiliated with a
+television network that offered interconnected program service on a
+regular basis for 15 or more hours per week to at least 25 affiliated
+television licensees in 10 or more States;
+
+(ii) as of July 1, 1998, such station was retransmitted by a satellite
+carrier under the statutory license of this section; and
+
+(iii) the station is not owned or operated by or affiliated with a
+television network that, as of January 1, 1995, offered interconnected
+program service on a regular basis for 15 or more hours per week to at
+least 25 affiliated television licensees in 10 or more States.
+
+(6) Discrimination by a satellite carrier.   Notwithstanding the
+provisions of paragraph (1), the willful or repeated secondary
+transmission to the public by a satellite carrier of [a] performance or
+display of a work embodied in a primary transmission made by a
+superstation or a network station is actionable as an act of
+infringement under section 501, and is fully subject to the remedies
+provided by sections 502 through 506 and 509, if the satellite carrier
+unlawfully discriminates against a distributor. [58]
+
+(7) Geographic limitation on secondary transmissions.   The statutory
+license created by this section shall apply only to secondary
+transmissions to households located in the United States.
+
+(8) Transitional signal intensity measurement procedures. [59]
+
+(A) In general.  Subject to subparagraph (C), upon a challenge by a
+network station regarding whether a subscriber is an unserved household
+within the predicted Grade B Contour of the station, the satellite
+carrier shall, within 60 days after the receipt of the challenge-
+
+(i) terminate service to that household of the signal that is the
+subject of the challenge, and within 30 days thereafter notify the
+network station that made the challenge that service to that household
+has been terminated; or
+
+(ii) conduct a measurement of the signal intensity of the subscriber's
+household to determine whether the household is an unserved household
+after giving reasonable notice to the network station of the satellite
+carrier's intent to conduct the measurement.
+
+(B) Effect of measurement.  If the satellite carrier conducts a signal
+intensity measurement under subparagraph (A) and the measurement
+indicates that-
+
+(i) the household is not an unserved household, the satellite carrier
+shall, within 60 days after the measurement is conducted, terminate the
+service to that household of the signal that is the subject of the
+challenge, and within 30 days thereafter notify the network station that
+made the challenge that service to that household has been terminated;
+or
+
+(ii) the household is an unserved household, the station challenging the
+service shall reimburse the satellite carrier for the costs of the
+signal measurement within 60 days after receipt of the measurement
+results and a statement of the costs of the measurement.
+
+(C) Limitation on measurements.-
+
+(i) Notwithstanding subparagraph (A), a satellite carrier may not be
+required to conduct signal intensity measurements during any calendar
+year in excess of 5 percent of the number of subscribers within the
+network station's local market that have subscribed to the service as of
+the effective date of the Satellite Home Viewer Act of 1994.
+
+(ii) If a network station challenges whether a subscriber is an unserved
+household in excess of 5 percent of the subscribers within the network
+station's local market within a calendar year, subparagraph (A) shall
+not apply to challenges in excess of such 5 percent, but the station may
+conduct its own signal intensity measurement of the subscriber's
+household after giving reasonable notice to the satellite carrier of the
+network station's intent to conduct the measurement. If such measurement
+indicates that the household is not an unserved household, the carrier
+shall, within 60 days after receipt of the measurement, terminate
+service to the household of the signal that is the subject of the
+challenge and within 30 days thereafter notify the network station that
+made the challenge that service has been terminated. The carrier shall
+also, within 60 days after receipt of the measurement and a statement of
+the costs of the measurement, reimburse the network station for the cost
+it incurred in conducting the measurement.
+
+(D) Outside the predicted grade b contour.-
+
+(i) If a network station challenges whether a subscriber is an unserved
+household outside the predicted Grade B Contour of the station, the
+station may conduct a measurement of the signal intensity of the
+subscriber's household to determine whether the household is an unserved
+household after giving reasonable notice to the satellite carrier of the
+network station's intent to conduct the measurement.
+
+(ii) If the network station conducts a signal intensity measurement
+under clause (i) and the measurement indicates that-
+
+(I) the household is not an unserved household, the station shall
+forward the results to the satellite carrier who shall, within 60 days
+after receipt of the measurement, terminate the service to the household
+of the signal that is the subject of the challenge, and shall reimburse
+the station for the costs of the measurement within 60 days after
+receipt of the measurement results and a statement of such costs; or
+
+(II) the household is an unserved household, the station shall pay the
+costs of the measurement.
+
+(9) Loser pays for signal intensity measurement; recovery of measurement
+costs in a civil action.  In any civil action filed relating to the
+eligibility of subscribing households as unserved households-
+
+(A) a network station challenging such eligibility shall, within 60 days
+after receipt of the measurement results and a statement of such costs,
+reimburse the satellite carrier for any signal intensity measurement
+that is conducted by that carrier in response to a challenge by the
+network station and that establishes the household is an unserved
+household; and
+
+(B) a satellite carrier shall, within 60 days after receipt of the
+measurement results and a statement of such costs, reimburse the network
+station challenging such eligibility for any signal intensity
+measurement that is conducted by that station and that establishes the
+household is not an unserved household.
+
+(10) inability to conduct measurement.  If a network station makes a
+reasonable attempt to conduct a site measurement of its signal at a
+subscriber's household and is denied access for the purpose of
+conducting the measurement, and is otherwise unable to conduct a
+measurement, the satellite carrier shall within 60 days notice thereof,
+terminate service of the station's network to that household.
+
+(11) Service to recreational vehicles and commercial trucks.-
+
+(A) Exemption.-
+
+(i) In general.  For purposes of this subsection, and subject to clauses
+(ii) and (iii), the term "unserved household" shall include-
+
+(I) recreational vehicles as defined in regulations of the Secretary of
+Housing and Urban Development under section 3282.8 of title 24 of the
+Code of Federal Regulations; and
+
+(II) commercial trucks that qualify as commercial motor vehicles under
+regulations of the Secretary of Transportation under section 383.5 of
+title 49 of the Code of Federal Regulations.
+
+(ii) Limitation.  Clause (i) shall apply only to a recreational vehicle
+or commercial truck if any satellite carrier that proposes to make a
+secondary transmission of a network station to the operator of such a
+recreational vehicle or commercial truck complies with the documentation
+requirements under subparagraphs (B) and (C).
+
+(iii) Exclusion.  For purposes of this subparagraph, the terms
+"recreational vehicle" and "commercial truck" shall not include any
+fixed dwelling, whether a mobile home or otherwise.
+
+(B) Documentation requirements.  A recreational vehicle or commercial
+truck shall be deemed to be an unserved household beginning 10 days
+after the relevant satellite carrier provides to the network that owns
+or is affiliated with the network station that will be secondarily
+transmitted to the recreational vehicle or commercial truck the
+following documents:
+
+(i) Declaration.  A signed declaration by the operator of the
+recreational vehicle or commercial truck that the satellite dish is
+permanently attached to the recreational vehicle or commercial truck,
+and will not be used to receive satellite programming at any fixed
+dwelling.
+
+(ii) Registration.  In the case of a recreational vehicle, a copy of the
+current State vehicle registration for the recreational vehicle.
+
+(iii) Registration and license.  In the case of a commercial truck, a
+copy of-
+
+(I) the current State vehicle registration for the truck; and
+
+(II) a copy of a valid, current commercial driver's license, as defined
+in regulations of the Secretary of Transportation under section 383 of
+title 49 of the Code of Federal Regulations, issued to the operator.
+
+(C) Updated documentation requirements.  If a satellite carrier wishes to
+continue to make secondary transmissions to a recreational vehicle or
+commercial truck for more than a 2-year period, that carrier shall
+provide each network, upon request, with updated documentation in the
+form described under subparagraph (B) during the 90 days before
+expiration of that 2-year period.
+
+(12) Statutory license contingent on compliance with fcc rules and
+remedial steps.  Notwithstanding any other provision of this section, the
+willful or repeated secondary transmission to the public by a satellite
+carrier of a primary transmission embodying a performance or display of
+a work made by a broadcast station licensed by the Federal
+Communications Commission is actionable as an act of infringement under
+section 501, and is fully subject to the remedies provided by sections
+502 through 506 and 509, if, at the time of such transmission, the
+satellite carrier is not in compliance with the rules, regulations, and
+authorizations of the Federal Communications Commission concerning the
+carriage of television broadcast station signals. [60]
+
+(b) Statutory License for Secondary Transmissions for Private Home
+Viewing.-
+
+(1) Deposits with the register of copyrights.  A satellite carrier whose
+secondary transmissions are subject to statutory licensing under
+subsection (a) shall, on a semiannual basis, deposit with the Register
+of Copyrights, in accordance with requirements that the Register shall
+prescribe by regulation-
+
+(A) a statement of account, covering the preceding 6-month period,
+specifying the names and locations of all superstations and network
+stations whose signals were transmitted, at any time during that period,
+to subscribers for private home viewing as described in subsections (a)
+(1) and (a)(2), the total number of subscribers that received such
+transmissions, and such other data as the Register of Copyrights may
+from time to time prescribe by regulation; and
+
+(B) a royalty fee for that 6-month period, computed by-
+
+(i) multiplying the total number of subscribers receiving each secondary
+transmission of a superstation during each calendar month by 17.5 cents
+per subscriber in the case of superstations that as retransmitted by the
+satellite carrier include any program which, if delivered by any cable
+system in the United States, would be subject to the syndicated
+exclusivity rules of the Federal Communications Commission, and 14 cents
+per subscriber in the case of superstations that are syndex-proof as
+defined in section 258.2 of title 37, Code of Federal Regulations;
+
+(ii) multiplying the number of subscribers receiving each secondary
+transmission of a network station or the Public Broadcasting Service
+satellite feed during each calendar month by 6 cents; [61] and
+
+(iii) adding together the totals computed under clauses (i) and (ii).
+
+(2) Investment of fees.  The Register of Copyrights shall receive all
+fees deposited under this section and, after deducting the reasonable
+costs incurred by the Copyright Office under this section (other than
+the costs deducted under paragraph (4)), shall deposit the balance in
+the Treasury of the United States, in such manner as the Secretary of
+the Treasury directs. All funds held by the Secretary of the Treasury
+shall be invested in interest-bearing securities of the United States
+for later distribution with interest by the Librarian of Congress as
+provided by this title.
+
+(3) Persons to whom fees are distributed.  The royalty fees deposited
+under paragraph (2) shall, in accordance with the procedures provided by
+paragraph (4), be distributed to those copyright owners whose works were
+included in a secondary transmission for private home viewing made by a
+satellite carrier during the applicable 6-month accounting period and
+who file a claim with the Librarian of Congress under paragraph (4).
+
+(4) Procedures for distribution.  The royalty fees deposited under
+paragraph (2) shall be distributed in accordance with the following
+procedures:
+
+(A) Filing of claims for fees.  During the month of July in each year,
+each person claiming to be entitled to statutory license fees for
+secondary transmissions for private home viewing shall file a claim with
+the Librarian of Congress, in accordance with requirements that the
+Librarian of Congress shall prescribe by regulation. For purposes of
+this paragraph, any claimants may agree among themselves as to the
+proportionate division of statutory license fees among them, may lump
+their claims together and file them jointly or as a single claim, or may
+designate a common agent to receive payment on their behalf.
+
+(B) Determination of controversy; distributions.  After the first day of
+August of each year, the Librarian of Congress shall determine whether
+there exists a controversy concerning the distribution of royalty fees.
+If the Librarian of Congress determines that no such controversy exists,
+the Librarian of Congress shall, after deducting reasonable
+administrative costs under this paragraph, distribute such fees to the
+copyright owners entitled to receive them, or to their designated
+agents. If the Librarian of Congress finds the existence of a
+controversy, the Librarian of Congress shall, pursuant to chapter 8 of
+this title, convene a copyright arbitration royalty panel to determine
+the distribution of royalty fees.
+
+(C) Withholding of fees during controversy.  During the pendency of any
+proceeding under this subsection, the Librarian of Congress shall
+withhold from distribution an amount sufficient to satisfy all claims
+with respect to which a controversy exists, but shall have discretion to
+proceed to distribute any amounts that are not in controversy.
+
+(c) Adjustment of Royalty Fees.-
+
+(1) Applicability and determination of royalty fees.  The rate of the
+royalty fee payable under subsection (b)(1)(B) shall be effective unless
+a royalty fee is established under paragraph (2) or (3) of this
+subsection.
+
+(2) Fee set by voluntary negotiation.-
+
+(A) Notice of initiation of proceedings.  On or before July 1, 1996, the
+Librarian of Congress shall cause notice to be published in the Federal
+Register of the initiation of voluntary negotiation proceedings for the
+purpose of determining the royalty fee to be paid by satellite carriers
+under subsection (b)(1)(B).
+
+(B) Negotiations.  Satellite carriers, distributors, and copyright owners
+entitled to royalty fees under this section shall negotiate in good
+faith in an effort to reach a voluntary agreement or voluntary
+agreements for the payment of royalty fees. Any such satellite carriers,
+distributors, and copyright owners may at any time negotiate and agree
+to the royalty fee, and may designate common agents to negotiate, agree
+to, or pay such fees. If the parties fail to identify common agents, the
+Librarian of Congress shall do so, after requesting recommendations from
+the parties to the negotiation proceeding. The parties to each
+negotiation proceeding shall bear the entire cost thereof.
+
+(C) Agreements binding on parties; filing of agreements.  Voluntary
+agreements negotiated at any time in accordance with this paragraph
+shall be binding upon all satellite carriers, distributors, and
+copyright owners that are parties thereto. Copies of such agreements
+shall be filed with the Copyright Office within 30 days after execution
+in accordance with regulations that the Register of Copyrights shall
+prescribe.
+
+(D) Period agreement is in effect.  The obligation to pay the royalty
+fees established under a voluntary agreement which has been filed with
+the Copyright Office in accordance with this paragraph shall become
+effective on the date specified in the agreement, and shall remain in
+effect until December 31, 1999, or in accordance with the terms of the
+agreement, whichever is later.
+
+(3) Fee set by compulsory arbitration.-
+
+(A) Notice of initiation of proceedings.  On or before January 1, 1997,
+the Librarian of Congress shall cause notice to be published in the
+Federal Register of the initiation of arbitration proceedings for the
+purpose of determining a reasonable royalty fee to be paid under
+subsection (b)(1)(B) by satellite carriers who are not parties to a
+voluntary agreement filed with the Copyright Office in accordance with
+paragraph (2). Such arbitration proceeding shall be conducted under
+chapter 8.
+
+(B) Establishment of royalty fees.  In determining royalty fees under
+this paragraph, the copyright arbitration royalty panel appointed under
+chapter 8 shall establish fees for the retransmission of network
+stations and superstations that most clearly represent the fair market
+value of secondary transmissions. In determining the fair market value,
+the panel shall base its decision on economic, competitive, and
+programming information presented by the parties, including-
+
+(i) the competitive environment in which such programming is
+distributed, the cost of similar signals in similar private and
+compulsory license marketplaces, and any special features and conditions
+of the retransmission marketplace;
+
+(ii) the economic impact of such fees on copyright owners and satellite
+carriers; and
+
+(iii) the impact on the continued availability of secondary
+transmissions to the public.
+
+(C) Period during which decision of arbitration panel or order of
+librarian effective.  The obligation to pay the royalty fee established
+under a determination which-
+
+(i) is made by a copyright arbitration royalty panel in an arbitration
+proceeding under this paragraph and is adopted by the Librarian of
+Congress under section 802(f), or
+
+(ii) is established by the Librarian of Congress under section 802(f),
+shall become effective as provided in section 802(g ), or July 1, 1997,
+whichever is later.
+
+(D) Persons subject to royalty fee.  The royalty fee referred to in
+subparagraph (C) shall be binding on all satellite carriers,
+distributors, and copyright owners, who are not party to a voluntary
+agreement filed with the Copyright Office under paragraph (2).
+
+(4) Reduction. [62]-
+
+(A) Superstation.  The rate of the royalty fee in effect on January 1,
+1998, payable in each case under subsection (b)(1)(B)(i) shall be
+reduced by 30 percent.
+
+(B) Network and public broadcasting satellite feed.  The rate of the
+royalty fee in effect on January 1, 1998, payable under subsection (b)
+(1)(B)(ii) shall be reduced by 45 percent.
+
+(5) Public broadcasting service as agent.  For purposes of section 802,
+with respect to royalty fees paid by satellite carriers for
+retransmitting the Public Broadcasting Service satellite feed, the
+Public Broadcasting Service shall be the agent for all public television
+copyright claimants and all Public Broadcasting Service member
+stations. [63]
+
+(d) Definitions.  As used in this section-
+
+(1) Distributor.  The term "distributor" means an entity which contracts
+to distribute secondary transmissions from a satellite carrier and,
+either as a single channel or in a package with other programming,
+provides the secondary transmission either directly to individual
+subscribers for private home viewing or indirectly through other program
+distribution entities.
+
+(2) Network station.  The term "network station" means-
+
+(A) a television broadcast station, including any translator station or
+terrestrial satellite station that rebroadcasts all or substantially all
+of the programming broadcast by a network station, that is owned or
+operated by, or affiliated with, one or more of the television networks
+in the United States which offer an interconnected program service on a
+regular basis for 15 or more hours per week to at least 25 of its
+affiliated television licensees in 10 or more States; or
+
+(B) a noncommercial educational broadcast station (as defined in section
+397 of the Communications Act of 1934).
+
+(3) Primary network station.  The term "primary network station" means a
+network station that broadcasts or rebroadcasts the basic programming
+service of a particular national network.
+
+(4) Primary transmission.  The term "primary transmission" has the
+meaning given that term in section 111(f) of this title.
+
+(5) Private home viewing.  The term "private home viewing" means the
+viewing, for private use in a household by means of satellite reception
+equipment which is operated by an individual in that household and which
+serves only such household, of a secondary transmission delivered by a
+satellite carrier of a primary transmission of a television station
+licensed by the Federal Communications Commission.
+
+(6) Satellite carrier.  The term "satellite carrier" means an entity that
+uses the facilities of a satellite or satellite service licensed by the
+Federal Communications Commission and operates in the Fixed-Satellite
+Service under part 25 of title 47 of the Code of Federal Regulations or
+the Direct Broadcast Satellite Service under part 100 of title 47 of the
+Code of Federal Regulations to establish and operate a channel of
+communications for point-to-multipoint distribution of television
+station signals, and that owns or leases a capacity or service on a
+satellite in order to provide such point-to-multipoint distribution,
+except to the extent that such entity provides such distribution
+pursuant to tariff under the Communications Act of 1934, other than for
+private home viewing.
+
+(7) Secondary transmission.  The term "secondary transmission" has the
+meaning given that term in section 111(f) of this title.
+
+(8) Subscriber.  The term "subscriber" means an individual who receives a
+secondary transmission service for private home viewing by means of a
+secondary transmission from a satellite carrier and pays a fee for the
+service, directly or indirectly, to the satellite carrier or to a
+distributor.
+
+(9) Superstation.  The term "superstation"-
+
+(A) means a television broadcast station, other than a network station,
+licensed by the Federal Communications Commission that is secondarily
+transmitted by a satellite carrier; and
+
+(B) except for purposes of computing the royalty fee, includes the
+Public Broadcasting Service satellite feed. [64]
+
+(10) Unserved household.  The term "unserved household", with respect to
+a particular television network, means a household that-
+
+(A) cannot receive, through the use of a conventional, stationary,
+outdoor rooftop receiving antenna, an over-the-air signal of a primary
+network station affiliated with that network of Grade B intensity as
+defined by the Federal Communications Commission under section 73.683(a)
+of title 47 of the Code of Federal Regulations, as in effect on January
+1, 1999;
+
+(B) is subject to a waiver granted under regulations established under
+section 339(c)(2) of the Communications Act of 1934;
+
+(C) is a subscriber to whom subsection (e) applies;
+
+(D) is a subscriber to whom subsection (a)(11) applies; or
+
+(E) is a subscriber to whom the exemption under subsection (a)(2)(B)
+(iii) applies.
+
+(11) Local market.  The term "local market" has the meaning given such
+term under section 122(j).
+
+(12) Public broadcasting service satellite feed.  The term "Public
+Broadcasting Service satellite feed" means the national satellite feed
+distributed and designated for purposes of this section by the Public
+Broadcasting Service consisting of educational and informational
+programming intended for private home viewing, to which the Public
+Broadcasting Service holds national terrestrial broadcast rights. [65]
+
+(e) Moratorium on Copyright Liability.  Until December 31, 2004, a
+subscriber who does not receive a signal of Grade A intensity (as
+defined in the regulations of the Federal Communications Commission
+under section 73.683(a) of title 47 of the Code of Federal Regulations,
+as in effect on January 1, 1999, or predicted by the Federal
+Communications Commission using the Individual Location Longley-Rice
+methodology described by the Federal Communications Commission in Docket
+No. 98-201) of a local network television broadcast station shall remain
+eligible to receive signals of network stations affiliated with the same
+network, if that subscriber had satellite service of such network signal
+terminated after July 11, 1998, and before October 31, 1999, as required
+by this section, or received such service on October 31, 1999.
+
+
+Section 120. Scope of exclusive rights in architectural works [66]
+
+(a) Pictorial Representations Permitted.  The copyright in an
+architectural work that has been constructed does not include the right
+to prevent the making, distributing, or public display of pictures,
+paintings, photographs, or other pictorial representations of the work,
+if the building in which the work is embodied is located in or
+ordinarily visible from a public place.
+
+(b) Alterations to and Destruction of Buildings.  Notwithstanding the
+provisions of section 106(2), the owners of a building embodying an
+architectural work may, without the consent of the author or copyright
+owner of the architectural work, make or authorize the making of
+alterations to such building, and destroy or authorize the destruction
+of such building.
+
+
+Section 121. Limitations on exclusive rights: reproduction for blind or
+other people with disabilities [67]
+
+(a) Notwithstanding the provisions of section 106, it is not an
+infringement of copyright for an authorized entity to reproduce or to
+distribute copies or phonorecords of a previously published, nondramatic
+literary work if such copies or phonorecords are reproduced or
+distributed in specialized formats exclusively for use by blind or other
+persons with disabilities.
+
+(b)(1) Copies or phonorecords to which this section applies shall
+
+(A) not be reproduced or distributed in a format other than a
+specialized format exclusively for use by blind or other persons with
+disabilities;
+
+(B) bear a notice that any further reproduction or distribution in a
+format other than a specialized format is an infringement; and
+
+(C) include a copyright notice identifying the copyright owner and the
+date of the original publication.
+
+(2) The provisions of this subsection shall not apply to standardized,
+secure, or norm-referenced tests and related testing material, or to
+computer programs, except the portions thereof that are in conventional
+human language (including descriptions of pictorial works) and displayed
+to users in the ordinary course of using the computer programs.
+
+(c) For purposes of this section, the term-
+
+(1) "authorized entity" means a nonprofit organization or a governmental
+agency that has a primary mission to provide specialized services
+relating to training, education, or adaptive reading or information
+access needs of blind or other persons with disabilities;
+
+(2) "blind or other persons with disabilities" means individuals who are
+eligible or who may qualify in accordance with the Act entitled "An Act
+to provide books for the adult blind", approved March 3, 1931 (2 U.S.C.
+135a; 46 Stat. 1487) to receive books and other publications produced in
+specialized formats; and
+
+(3) "specialized formats" means braille, audio, or digital text which is
+exclusively for use by blind or other persons with disabilities.
+
+
+Section 122. Limitations on exclusive rights; secondary transmissions by
+satellite carriers within local markets [68]
+
+(a) Secondary Transmissions of television Broadcast Stations by
+Satellite Carriers.  A secondary transmission of a performance or display
+of a work embodied in a primary transmission of a television broadcast
+station into the station's local market shall be subject to statutory
+licensing under this section if-
+
+(1) the secondary transmission is made by a satellite carrier to the
+public;
+
+(2) with regard to secondary transmissions, the satellite carrier is in
+compliance with the rules, regulations, or authorizations of the Federal
+Communications Commission governing the carriage of television broadcast
+station signals; and
+
+(3) the satellite carrier makes a direct or indirect charge for the
+secondary transmission to-
+
+(A) each subscriber receiving the secondary transmission; or
+
+(B) a distributor that has contracted with the satellite carrier for
+direct or indirect delivery of the secondary transmission to the public.
+
+(b) Reporting Requirements.-
+
+(1) Initial lists.  A satellite carrier that makes secondary
+transmissions of a primary transmission made by a network station under
+subsection (a) shall, within 90 days after commencing such secondary
+transmissions, submit to the network that owns or is affiliated with the
+network station a list identifying (by name in alphabetical order and
+street address, including county and zip code) all subscribers to which
+the satellite carrier makes secondary transmissions of that primary
+transmission under subsection (a).
+
+(2) Subsequent lists.  After the list is submitted under paragraph (1),
+the satellite carrier shall, on the 15th of each month, submit to the
+network a list identifying (by name in alphabetical order and street
+address, including county and zip code) any subscribers who have been
+added or dropped as subscribers since the last submission under this
+subsection.
+
+(3) Use of subscriber information.  Subscriber information submitted by a
+satellite carrier under this subsection may be used only for the
+purposes of monitoring compliance by the satellite carrier with this
+section.
+
+(4) Requirements of networks.  The submission requirements of this
+subsection shall apply to a satellite carrier only if the network to
+which the submissions are to be made places on file with the Register of
+Copyrights a document identifying the name and address of the person to
+whom such submissions are to be made. The Register of Copyrights shall
+maintain for public inspection a file of all such documents.
+
+(c) No Royalty Fee Required.  A satellite carrier whose secondary
+transmissions are subject to statutory licensing under subsection (a)
+shall have no royalty obligation for such secondary transmissions.
+
+(d) Noncompliance with Reporting and Regulatory Requirements.
+Notwithstanding subsection (a), the willful or repeated secondary
+transmission to the public by a satellite carrier into the local market
+of a television broadcast station of a primary transmission embodying a
+performance or display of a work made by that television broadcast
+station is actionable as an act of infringement under section 501, and
+is fully subject to the remedies provided under sections 502 through 506
+and 509, if the satellite carrier has not complied with the reporting
+requirements of subsection (b) or with the rules, regulations, and
+authorizations of the Federal Communications Commission concerning the
+carriage of television broadcast signals.
+
+(e) Willful Alterations.  Notwithstanding subsection (a), the secondary
+transmission to the public by a satellite carrier into the local market
+of a television broadcast station of a performance or display of a work
+embodied in a primary transmission made by that television broadcast
+station is actionable as an act of infringement under section 501, and
+is fully subject to the remedies provided by sections 502 through 506
+and sections 509 and 510, if the content of the particular program in
+which the performance or display is embodied, or any commercial
+advertising or station announcement transmitted by the primary
+transmitter during, or immediately before or after, the transmission of
+such program, is in any way willfully altered by the satellite carrier
+through changes, deletions, or additions, or is combined with
+programming from any other broadcast signal.
+
+(f) Violation of territorial Restrictions on Statutory License for
+television Broadcast Stations.-
+
+(1) Individual violations.  The willful or repeated secondary
+transmission to the public by a satellite carrier of a primary
+transmission embodying a performance or display of a work made by a
+television broadcast station to a subscriber who does not reside in that
+station's local market, and is not subject to statutory licensing under
+section 119 or a private licensing agreement, is actionable as an act of
+infringement under section 501 and is fully subject to the remedies
+provided by sections 502 through 506 and 509, except that-
+
+(A) no damages shall be awarded for such act of infringement if the
+satellite carrier took corrective action by promptly withdrawing service
+from the ineligible subscriber; and
+
+(B) any statutory damages shall not exceed $5 for such subscriber for
+each month during which the violation occurred.
+
+(2) Pattern of violations.   If a satellite carrier engages in a willful
+or repeated pattern or practice of secondarily transmitting to the
+public a primary transmission embodying a performance or display of a
+work made by a television broadcast station to subscribers who do not
+reside in that station's local market, and are not subject to statutory
+licensing under section 119 or a private licensing agreement, then in
+addition to the remedies under paragraph (1)-
+
+(A) if the pattern or practice has been carried out on a substantially
+nationwide basis, the court-
+
+(i) shall order a permanent injunction barring the secondary
+transmission by the satellite carrier of the primary transmissions of
+that television broadcast station (and if such television broadcast
+station is a network station, all other television broadcast stations
+affiliated with such network); and
+
+(ii) may order statutory damages not exceeding $250,000 for each 6-month
+period during which the pattern or practice was carried out; and
+
+(B) if the pattern or practice has been carried out on a local or
+regional basis with respect to more than one television broadcast
+station, the court-
+
+(i) shall order a permanent injunction barring the secondary
+transmission in that locality or region by the satellite carrier of the
+primary transmissions of any television broadcast station; and
+
+(ii) may order statutory damages not exceeding $250,000 for each 6-month
+period during which the pattern or practice was carried out.
+
+(g) Burden of Proof.  In any action brought under subsection (f), the
+satellite carrier shall have the burden of proving that its secondary
+transmission of a primary transmission by a television broadcast station
+is made only to subscribers located within that station's local market
+or subscribers being served in compliance with section 119 or a private
+licensing agreement.
+
+(h) Geographic Limitations on secondary Transmissions.  The statutory
+license created by this section shall apply to secondary transmissions
+to locations in the United States.
+
+(i) Exclusivity with Respect to Secondary Transmissions of Broadcast
+Stations by Satellite to Members of the Public.  No provision of section
+111 or any other law (other than this section and section 119) shall be
+construed to contain any authorization, exemption, or license through
+which secondary transmissions by satellite carriers of programming
+contained in a primary transmission made by a television broadcast
+station may be made without obtaining the consent of the copyright
+owner.
+
+(j) Definitions.  In this section-
+
+(1) Distributor.  The term "distributor" means an entity which contracts
+to distribute secondary transmissions from a satellite carrier and,
+either as a single channel or in a package with other programming,
+provides the secondary transmission either directly to individual
+subscribers or indirectly through other program distribution entities.
+
+(2) Local market.-
+
+(A) In general.  The term "local market", in the case of both commercial
+and noncommercial television broadcast stations, means the designated
+market area in which a station is located, and-
+
+(i) in the case of a commercial television broadcast station, all
+commercial television broadcast stations licensed to a community within
+the same designated market area are within the same local market; and
+
+(ii) in the case of a noncommercial educational television broadcast
+station, the market includes any station that is licensed to a community
+within the same designated market area as the noncommercial educational
+television broadcast station.
+
+(B) County of license.  In addition to the area described in subparagraph
+(A), a station's local market includes the county in which the station's
+community of license is located.
+
+(C) Designated market area.  For purposes of subparagraph (A), the term
+"designated market area" means a designated market area, as determined
+by Nielsen Media Research and published in the 1999-2000 Nielsen Station
+Index Directory and Nielsen Station Index United States Television
+Household Estimates or any successor publication.
+
+(3) Network station; satellite carrier; secondary transmission.  The
+terms "network station", "satellite carrier", and "secondary
+transmission" have the meanings given such terms under section 119(d).
+
+(4) Subscriber.  The term "subscriber" means a person who receives a
+secondary transmission service from a satellite carrier and pays a fee
+for the service, directly or indirectly, to the satellite carrier or to
+a distributor.
+
+(5) Television broadcast station.  The term "television broadcast
+station"-
+
+(A) means an over-the-air, commercial or noncommercial television
+broadcast station licensed by the Federal Communications Commission
+under subpart E of part 73 of title 47, Code of Federal Regulations,
+except that such term does not include a low-power or translator
+television station; and
+
+(B) includes a television broadcast station licensed by an appropriate
+governmental authority of Canada or Mexico if the station broadcasts
+primarily in the English language and is a network station as defined in
+section 119(d)(2)(A).
+
+------------------
+Chapter 1 Endnotes
+
+1  In 1980, section 117 was amended in its entirety with an amendment in
+the nature of a substitute that included a new title. However, the table
+of sections was not changed to reflect the new title. Pub. L. No.
+96-517, 94 Stat. 3015, 3028. In 1997, a technical amendment made that
+change. Pub. L. No. 105-80, 111 Stat. 1529, 1534.
+
+2  The Audio Home Recording Act of 1992 amended section 101 by inserting
+"Except as otherwise provided in this title," at the beginning of the
+first sentence. Pub. L. No. 102-563, 106 Stat. 4237, 4248.
+
+The Berne Convention Implementation Act of 1988 amended section 101 by
+adding a definition for "Berne Convention work." Pub. L. No. 100-568,
+102 Stat. 2853, 2854. In 1990, the Architectural Works Copyright
+Protection Act amended the definition of "Berne Convention work" by
+adding paragraph (5). Pub. L. No. 101-650, 104 Stat. 5089, 5133. The
+WIPO Copyright and Performances and Phonograms Treaties Implementation
+Act of 1998 deleted the definition of "Berne Convention work" from
+section 101. Pub. L. No. 105-304, 112 Stat. 2860, 2861. The definition
+of "Berne Convention work," as deleted, is contained in part VI of the
+Appendix.
+
+3  In 1990, the Architectural Works Copyright Protection Act amended
+section 101 by adding the definition for "architectural work." Pub. L.
+No. 101-650, 104 Stat. 5089, 5133. That Act states that the definition
+is applicable to "any architectural work that, on the date of the
+enactment of this Act, is unconstructed and embodied in unpublished
+plans or drawings, except that protection for such architectural work
+under title 17, United States Code, by virtue of the amendments made by
+this title, shall terminate on December 31, 2002, unless the work is
+constructed by that date."
+
+4  The Berne Convention Implementation Act of 1988 amended section 101
+by adding the definition of "Berne Convention." Pub. L. No. 100-568, 102
+Stat. 2853, 2854.
+
+5  The Digital Performance Right in Sound Recordings Act of 1995 amended
+section 101 by adding the definition of "digital transmission." Pub. L.
+No.104-39, 109 Stat. 336, 348.
+
+6  The Fairness in Music Licensing Act of 1998 amended section 101 by
+adding the definition of "establishment." Pub. L. No. 105-298, 112 Stat.
+2827, 2833.
+
+7  The Fairness in Music Licensing Act of 1998 amended section 101 by
+adding the definition of "food service or drinking establishment." Pub.
+L. No. 105-298, 112 Stat. 2827, 2833.
+
+8  In 1997, the No Electronic Theft (NET) Act amended section 101 by
+adding the definition for "financial gain." Pub. L. No. 105-147, 111
+Stat. 2678.
+
+9  The WIPO Copyright and Performances and Phonograms Treaties
+Implementation Act of 1998 amended section 101 by adding the definition
+of "Geneva Phonograms Convention." Pub. L. No. 105-304, 112 Stat. 2860,
+2861.
+
+10  The Fairness in Music Licensing Act of 1998 amended section 101 by
+adding the definition of "gross square feet of space." Pub. L. No.
+105-298, 112 Stat. 2827, 2833.
+
+11  The WIPO Copyright and Performances and Phonograms Treaties
+Implementation Act of 1998 requires that paragraph (5) of the definition
+of "international agreement" take effect upon entry into force of the
+WIPO Copyright Treaty with respect to the United States. Pub. L. No.
+105-304, 112 Stat. 2860, 2877.
+
+12  The WIPO Copyright and Performances and Phonograms Treaties
+Implementation Act of 1998 requires that paragraph (6) of the definition
+of "international agreement" take effect upon entry into force of the
+WIPO Performances and Phonograms Treaty with respect to the United
+States. Pub. L. No. 105-304, 112 Stat. 2860, 2877.
+
+13  The WIPO Copyright and Performances and Phonograms Treaties
+Implementation Act of 1998 amended section 101 by adding the definition
+of "international agreement." Pub. L. No. 105-304, 112 Stat. 2860, 2861.
+
+14  The Fairness in Music Licensing Act of 1998 amended section 101 by
+adding the definition of "performing rights society." Pub. L. No.
+105-298, 112 Stat. 2827, 2833.
+
+15  The Berne Convention Implementation Act of 1988 amended the
+definition of "Pictorial, graphic, and sculptural works" by inserting
+"diagrams, models, and technical drawings, including architectural
+plans" in the first sentence, in lieu of "technical drawings, diagrams,
+and models." Pub. L. No. 100-568, 102 Stat. 2853, 2854.
+
+16  The Fairness in Music Licensing Act of 1998 amended section 101 by
+adding the definition of "proprietor." Pub. L. No. 105-298, 112 Stat.
+2827, 2833. In 1999, a technical amendment added the phrase "For
+purposes of section 513,", to the beginning of the definition of
+"proprietor." Pub. L. No. 106-44, 113 Stat. 221, 222.
+
+17  The Copyright Renewal Act of 1992 amended section 101 by adding the
+definition of "registration." Pub. L. No. 102-307, 106 Stat. 264, 266.
+
+18  The WIPO Copyright and Performances and Phonograms Treaties
+Implementation Act of 1998 amended section 101 by adding the definition
+of "treaty party." Pub. L. No. 105-304, 112 Stat. 2860, 2861.
+
+19  The Berne Convention Implementation Act of 1988 amended section 101
+by adding the definition of "country of origin" of a Berne Convention
+work, for purposes of section 411. Pub. L. No. 100-568, 102 Stat. 2853,
+2854. The WIPO Copyright and Performances and Phonograms Treaties
+Implementation Act of 1998 amended that definition by changing it to a
+definition for "United States work," for purposes of section 411. Pub.
+L. No. 105-304, 112 Stat. 2860, 2861. In 1999, a technical amendment
+moved the definition of "United States work" to place it in alphabetical
+order, after the definition for "United States." Pub. L. No. 106-44, 113
+Stat. 221, 222.
+
+20  The WIPO Copyright and Performances and Phonograms Treaties
+Implementation Act of 1998 amended section 101 by adding the definition
+of "WIPO Copyright Treaty." Pub. L. No. 105-304, 112 Stat. 2860, 2861.
+That definition is required to take effect upon entry into force of the
+WIPO Copyright Treaty with respect to the United States. Pub. L. No.
+105-304, 112 Stat. 2860, 2877.
+
+21  The WIPO Copyright and Performances and Phonograms Treaties
+Implementation Act of 1998 amended section 101 by adding the definition
+of "WIPO Performances and Phonograms Treaty." Pub. L. No. 105-304, 112
+Stat. 2860, 2862. That definition is required to take effect upon entry
+into force of the WIPO Performances and Phonograms Treaty with respect
+to the United States. Pub. L. No. 105-304, 112 Stat. 2860, 2877.
+
+22  The Visual Artists Rights Act of 1990 amended section 101 by adding
+the definition of "work of visual art." Pub. L. No. 101-650, 104 Stat.
+5089, 5128.
+
+23  The Satellite Home Viewer Improvement Act of 1999 amended the
+definition of "a work made for hire" by inserting "as a sound recording"
+after "audiovisual work." Pub. L. No. 106-113, 113 Stat. 1501, app. I at
+1501A-544. The Work Made for Hire and Copyright Corrections Act of 2000
+amended the definition of "work made for hire" by deleting "as a sound
+recording" after "audiovisual work." Pub. L. No. 106-379, 114 Stat.
+1444. The Act also added a second paragraph to part (2) of that
+definition. *Id.* These changes are effective retroactively, as of
+November 29, 1999.
+
+24  The WIPO Copyright and Performances and Phonograms Treaties
+Implementation Act of 1998 amended section 101 by adding the definitions
+of "WTO Agreement" and "WTO member country," thereby transferring those
+definitions to section 101 from section 104A. Pub. L. No. 105-304, 112
+Stat. 2860, 2862. See also endnote 29, *infra.*
+
+25  In 1980, the definition of "computer program" was added to section
+101. Pub. L. No. 96-517, 94 Stat. 3015, 3028.
+
+26  In 1990, the Architectural Works Copyright Protection Act amended
+subsection 102(a) by adding at the end thereof paragraph (8). Pub. L.
+No. 101-650, 104 Stat. 5089, 5133.
+
+27  The Berne Convention Implementation Act of 1988 amended section
+104(b) by redesignating paragraph (4) as paragraph (5), by inserting
+after paragraph (3) a new paragraph (4) and by adding subsection (c) at
+the end. Pub. L. No. 100-568, 102 Stat. 2853, 2855. The WIPO Copyright
+and Performances and Phonograms Treaties Implementation Act of 1998
+amended section 104 as follows: 1) by amending subsection (b) to
+redesignate paragraphs (3) and (5) as (5) and (6), respectively, and by
+adding a new paragraph (3); 2) by amending section 104(b), throughout;
+and 3) by adding section 104(d). Pub. L. No. 105-304, 112 Stat. 2860,
+2862.
+
+28  The WIPO Copyright and Performances and Phonograms Treaties
+Implementation Act of 1998 requires that subsection (d), regarding the
+effect of phonograms treaties, take effect upon entry into force of the
+WIPO Performances and Phonograms Treaty with respect to the United
+States. Pub. L. No. 105-304, 112 Stat. 2860, 2877.
+
+29  In 1993, the North American Free Trade Agreement Implementation Act
+added section 104A. Pub. L. No. 103-182, 107 Stat. 2057, 2115. In 1994,
+the Uruguay Round Agreements Act amended section 104A in its entirety
+with an amendment in the nature of a substitute. Pub. L. No. 103-465,
+108 Stat. 4809, 4976. On November 13, 1997, Section 104A was amended by
+replacing subsection (d)(3)(A), by striking the last sentence of
+subsection (e)(1)(B)(ii) and by rewriting paragraphs (2) and (3) of
+subsection (h). Pub. L. No. 105-80, 111 Stat. 1529, 1530. The WIPO
+Copyright and Performances and Phonograms Treaties Implementation Act of
+1998 amended section 104A by rewriting paragraphs (1) and (3) of
+subsection (h); by adding subparagraph (E) to subsection (h)(6); and by
+amending subsection (h)(8)(B)(i). Pub. L. No. 105-304, 112 Stat. 2860,
+2862. That act also deleted paragraph (9), thereby transferring the
+definitions for "WTO Agreement" and "WTO member country" from section
+104A to section 101. Pub. L. No. 105-304, 112 Stat. 2860, 2863. See also
+endnote 24, *supra.*
+
+30  The WIPO Copyright and Performances and Phonograms Treaties
+Implementation Act of 1998 requires that subparagraph (C) of the
+definition of "date of adherence or proclamation" take effect upon entry
+into force of the WIPO Copyright Treaty with respect to the United
+States. Pub. L. No. 105-304, 112 Stat. 2860, 2877.
+
+31  The WIPO Copyright and Performances and Phonograms Treaties
+Implementation Act of 1998 requires that subparagraph (D) of the
+definition of "date of adherence or proclamation" take effect upon entry
+into force of the WIPO Performances and Phonograms Treaty with respect
+to the United States. Pub. L. No. 105-304, 112 Stat. 2860, 2877.
+
+32  The WIPO Copyright and Performances and Phonograms Treaties
+Implementation Act of 1998 requires that subparagraph (C) of the
+definition of "eligible country" take effect upon entry into force of
+the WIPO Copyright Treaty with respect to the United States. Pub. L. No.
+105-304, 112 Stat. 2860, 2877.
+
+33  The WIPO Copyright and Performances and Phonograms Treaties
+Implementation Act of 1998 requires that subparagraph (D) of the
+definition of "eligible country" take effect upon entry into force of
+the WIPO Performance and Phonograms Treaty with respect to the United
+States. Pub. L. No. 105-304, 112 Stat. 2860, 2877.
+
+34  The WIPO Copyright and Performances and Phonograms Treaties
+Implementation Act of 1998 requires that subparagraph (E) of the
+definition of "restored work" take effect upon entry into force of the
+WIPO Performances and Phonograms Treaty with respect to the United
+States. Pub. L. No. 105-304, 112 Stat. 2860, 2877.
+
+35  In 1968, the Standard Reference Data Act provided an exception to
+Section 105, Pub. L. No. 90-396, 82 Stat. 339. Section 6 of that act
+amended title 15 of the *United States Code* by authorizing the
+Secretary of Commerce, at 15 U.S.C. 290e, to secure copyright and
+renewal thereof on behalf of the United States as author or proprietor
+"in all or any part of any standard reference data which he prepares or
+makes available under this chapter," and to "authorize the reproduction
+and publication thereof by others." See also section 105(f) of the
+Transitional and Supplementary Provisions of the Copyright Act of 1976,
+in Part I of the Appendix. Pub. L. No. 94-553, 90 Stat. 2541.
+
+36  The Digital Performance Right in Sound Recordings Act of 1995
+amended section 106 by adding paragraph (6). Pub. L. No. 104-39, 109
+Stat. 336. In 1999, a technical amendment substituted "121" for "120."
+Pub. L. No. 106-44, 113 Stat. 221, 222.
+
+37  The Visual Artists Rights Act of 1990 added section 106A. Pub. L.
+No. 101-650, 104 Stat. 5089, 5128. The Act states that, generally,
+section 106A is to take effect six months after the date of its
+enactment, that is, six months after December 1, 1990, and that the
+rights created by section 106A shall apply to (1) works created before
+such effective date but title to which has not, as of such effective
+date, been transferred from the author and (2) works created on or after
+such effective date, but shall not apply to any destruction, distortion,
+mutilation or other modification (as described in section 106A(a)(3)) of
+any work which occurred before such effective date. See also, endnote 3,
+chapter 3.
+
+38  The Visual Artists Rights Act of 1990 amended section 107 by adding
+the reference to section 106A. Pub. L. No. 101-650, 104 Stat. 5089,
+5132. In 1992, section 107 was also amended to add the last sentence.
+Pub. L. No. 102-492, 106 Stat. 3145.
+
+39  The Copyright Amendments Act of 1992 amended section 108 by
+repealing subsection (i) in its entirety. Pub. L. No. 102-307, 106 Stat.
+264, 272. In 1998, the Digital Millennium Copyright Act amended section
+108 by making changes to subsections (a), (b) and (c); by redesignating
+subsection (h) as (i); and by adding a new subsection (h). Pub. L. No.
+105-304, 112 Stat. 2860, 2889.
+
+40  The Record Rental Amendment of 1984 amended section 109 by
+redesignating subsections (b) and (c) as subsections (c) and (d),
+respectively, and by inserting a new subsection (b) after subsection
+(a). Pub. L. No. 98-450, 98 Stat. 1727. Section 4(b) of the Act states
+that the provisions of section 109(b), as added by section 2 of the Act,
+"shall not affect the right of an owner of a particular phonorecord of a
+sound recording, who acquired such ownership before [October 4, 1984],
+to dispose of the possession of that particular phonorecord on or after
+such date of enactment in any manner permitted by section 109 of title
+17, United States Code, as in effect on the day before the date of the
+enactment of this Act." Pub. L. No. 98-450, 98 Stat. 1727, 1728. Section
+4(c) of the Act also states that the amendments "shall not apply to
+rentals, leasings, lendings (or acts or practices in the nature of
+rentals, leasings, or lendings) occurring after the date which is 13
+years after [October 4, 1984]" In 1988, the Record Rental Amendment Act
+of 1984 was amended to extend the time period in section 4(c) from 5
+years to 13 years. Pub. L. No. 100-617, 102 Stat. 3194. In 1993, the
+North American Free Trade Agreement Implementation Act repealed section
+4(c) of the Record Rental Amendment of 1984. Pub. L. No. 103-182, 107
+Stat. 2057, 2114. Also in 1988, technical amendments to section 109(d)
+inserted "(c)" in lieu of "(b)" and substituted "copyright" in lieu of
+"coyright" Pub. L. No. 100-617, 102 Stat. 3194.
+
+The Computer Software Rental Amendments Act of 1990 amended section
+109(b) as follows: 1) paragraphs (2) and (3) were redesignated as
+paragraphs (3) and (4), respectively; 2) paragraph (1) was struck out
+and new paragraphs (1) and (2) were inserted in lieu thereof; and 3)
+paragraph (4), as redesignated, was amended in its entirety with a new
+paragraph (4) inserted in lieu thereof. Pub. L. No. 101-650, 104 Stat.
+5089, 5134. The Act states that section 109(b), as amended, "shall not
+affect the right of a person in possession of a particular copy of a
+computer program, who acquired such copy before the date of the
+enactment of this Act, to dispose of the possession of that copy on or
+after such date of enactment in any manner permitted by section 109 of
+title 17, United States Code, as in effect on the day before such date
+of enactment." The Act also states that the amendments made to section
+109(b) "shall not apply to rentals, leasings, or lendings (or acts or
+practices in the nature of rentals, leasings, or lendings) occurring on
+or after October 1, 1997." However, this limitation, which is set forth
+in the first sentence of section 804 (c) of the Computer Software Rental
+Amendments Act of 1990, at 104 Stat. 5136, was subsequently deleted in
+1994 by the Uruguay Round Agreements Act. Pub. L. No. 103-465, 108 Stat.
+4809, 4974.
+
+The Computer Software Rental Amendments Act of 1990 also amended section
+109 by adding at the end thereof subsection (e). Pub. L. No. 101-650,
+104 Stat. 5089, 5135. That Act states that the provisions contained in
+the new subsection (e) shall take effect 1 year after the date of
+enactment of such Act, that is, one year after December 1, 1990. The Act
+also states that such amendments so made "shall not apply to public
+performances or displays that occur on or after October 1, 1995."
+
+In 1994, the Uruguay Round Agreements Act amended section 109(a) by
+adding the second sentence, which begins with "Notwithstanding the
+preceding sentence." Pub. L. No. 103-465, 108 Stat. 4809, 4981.
+
+41  In 1988, the Extension of Record Rental Amendment amended section
+110 by adding paragraph (10). Pub. L. No. 97-366, 96 Stat. 1759. In
+1997, the Technical Corrections to the Satellite Home Viewer Act amended
+section 110 by inserting a semicolon in lieu of the period at the end of
+paragraph (8); by inserting "; and" in lieu of the period at the end of
+paragraph (9); and by inserting "(4)" in lieu of "4 above" in paragraph
+(10). Pub. L. No. 105-80, 111 Stat. 1529, 1534. The Fairness in Music
+Licensing Act of 1998 amended section 110, in paragraph 5, by adding
+subparagraph (B) and by making conforming amendments to subparagraph
+(A); by adding the phrase "or of the audiovisual or other devices
+utilized in such performance" to paragraph 7; and by adding the last
+paragraph to section 110 that begins "The exemptions provided under
+paragraph (5)." Pub. L. No. 105-298, 112 Stat. 2827, 2830. In 1999, a
+technical amendment made corrections to conform paragraph designations
+that were affected by amendments previously made by the Fairness in
+Music Licensing Act of 1998. Pub. L. No. 106-44, 113 Stat. 221.
+
+42  In 1986, section 111(d) was amended by striking out paragraph (1)
+and by redesignating paragraphs (2), (3), (4) and (5) as paragraphs (1),
+(2), (3) and (4), respectively. Pub. L. 99-397, 100 Stat. 848. Also, in
+1986, section 111(f) was amended by substituting "subsection (d)(1)" for
+"subsection (d)(2)" in the last sentence of the definition of "secondary
+transmission" and by adding a new sentence after the first sentence in
+the definition of "local service area of a primary transmitter." Pub. L.
+No. 99-397, 100 Stat. 848.
+
+The Satellite Home Viewer Act of 1988 amended subsection 111(a) by
+striking "or" at the end of paragraph (3), by redesignating paragraph
+(4) as paragraph (5) and by inserting a new paragraph (4). Pub. L. No.
+100-667, 102 Stat. 3935, 3949. That Act also amended section (d)(1)(A)
+by adding the second sentence which begins with "In determining the
+total number."* Id.*
+
+The Copyright Royalty Tribunal Reform Act of 1993 amended section 111(d)
+by substituting "Librarian of Congress" for "Copyright Royalty Tribunal"
+where appropriate, by inserting a new sentence in lieu of the second and
+third sentences of paragraph (2) and, in paragraph (4), by amending
+subparagraph (B) in its entirety with substitute language. Pub. L. No.
+103-198, 107 Stat. 2304, 2311.
+
+The Satellite Home Viewer Act of 1994 amended section 111(f) by
+inserting "microwave" after "wires, cables," in the paragraph relating
+to the definition of "cable system" and by inserting new matter after
+"April 15, 1976," in the paragraph relating to the definition of "local
+service area of a primary transmitter." Pub. L. No. 103-369, 108 Stat.
+3477, 3480. That Act provides that the amendment "relating to the
+definition of the local service area of a primary transmitter, shall
+take effect on July 1, 1994." *Id.*
+
+In 1995, the Digital Performance in Sound Recordings Act amended section
+111(c)(1) by inserting "and section 114(d)" in the first sentence, after
+"of this subsection." Pub. L. No. 104-39, 109 Stat. 336, 348.
+
+The Satellite Home Viewer Improvement Act of 1999 amended section 111 by
+substituting "statutory" for "compulsory" and "programming" for
+"programing," wherever they appeared. Pub. L. No. 106-113, 113 Stat.
+1501, app. I at 1501A-543. The Act also amended sections 111(a) and (b)
+by inserting "performance or display of a work embodied in a primary
+transmission" in lieu of "primary transmission embodying a performance
+or display of a work." It amended paragraph (1) of section 111(c) by
+inserting "a performance or display of a work embodied in" after "by a
+cable system of" and by striking "and embodying a performance or display
+of a work." It amended subparagraphs (3) and (4) of section 111(a) by
+inserting "a performance or display of a work embodied in a primary
+transmission" in lieu of "a primary transmission" and by striking "and
+embodying a performance or display of a work." *Id.*
+
+43  Royalty rates specified by the compulsory licensing provisions of
+this section are subject to adjustment by copyright arbitration royalty
+panels appointed and convened by the Librarian of Congress in accordance
+with the provisions of Chapter 8 of title 17 of the *United States Code,
+*as amended by the Copyright Royalty Tribunal Reform Act of 1993, Pub.
+L. No. 103-198, 107 Stat. 2304, 2311.
+
+44  In 1998, the Digital Millennium Copyright Act amended section 112 by
+redesignating subsection (a) as subsection (a)(1); by redesignating
+former sections (a)(1), (a)(2) and (a)(3) as subsections (a)(1)(A), (a)
+(1)(B) and (a)(1)(C), respectively; by adding subsection (a)(2); and by
+amending the language in new subsection (a)(1). Pub. L. No. 105-304, 112
+Stat. 2860, 2888. The Digital Millennium Copyright Act also amended
+section 112 by redesignating subsection (e) as subsection (f) and adding
+a new subsection (e). Pub. L. No. 105-304, 112 Stat. 2860, 2899. In
+1999, a technical amendment to section 112(e) redesignated paragraphs
+(3) through (10) as (2) through (9) and corrected the paragraph
+references throughout that section to conform to those redesignations.
+Pub. L. No. 106-44, 113 Stat. 221.
+
+45  The Visual Artists Rights Act of 1990 amended section 113 by adding
+subsection (d) at the end thereof. Pub. L. No. 101-650, 104 Stat. 5089,
+5130.
+
+46  The Digital Performance Right in Sound Recordings Act of 1995
+amended section 114 as follows: 1) in subsection (a), by striking "and
+(3)" and inserting in lieu thereof "(3) and (6)"; 2) in subsection (b)
+in the first sentence, by striking "phonorecords, or of copies of motion
+pictures and other audiovisual works," and inserting "phonorecords or
+copies"; and 3) by striking subsection (d) and inserting in lieu thereof
+new subsections (d), (e), (f), (g), (h), (i), and (j). Pub. L. No.
+104-39, 109 Stat. 336. In 1997, subsection 114(f) was amended by
+inserting all the text that appears after "December 31, 2000" (which is
+now December 31, 2001, in paragraph (1)(A)) and by striking "and publish
+in the Federal Register." Pub. L. No. 105-80, 111 Stat. 1529, 1531.
+
+In 1998, the Digital Millennium Copyright Act amended section 114(d) by
+replacing paragraphs (1)(A) and (2) with amendments in the nature of
+substitutes. Pub. L. No. 105-304, 112 Stat. 2860, 2890. That Act also
+amended section 114(f) by revising the title; by redesignating paragraph
+(1) as paragraph (1)(A); by adding paragraph (1)(B) in lieu of
+paragraphs (2), (3), (4) and (5); and by amending the language in newly
+designated paragraph (1)(A), including revising the effective date from
+December 31, 2000, to December 31, 2001. Pub. L. No. 105-304, 112 Stat.
+2860, 2894. The Digital Millennium Copyright Act also amended subsection
+114(g) by substituting "transmission" in lieu of "subscription
+transmission," wherever it appears and, in the first sentence in
+paragraph (g)(1), by substituting "transmission licensed under a
+statutory license" in lieu of "subscription transmission licensed." Pub.
+L. No. 105-304, 112 Stat. 2860, 2897. That Act also amended subsection
+114(j) by redesignating paragraphs (2), (3), (5), (6), (7) and (8) as
+(3), (5), (9), (12), (13) and (14), respectively; by amending paragraphs
+(4) and (9) in their entirety and resdesignating them as paragraphs (7)
+and (15), respectively; and by adding new definitions, including,
+paragraph (2) defining "archived program," paragraph (4) defining
+"continuous program," paragraph (6) defining "eligible nonsubscription
+transmission," paragraph (8) defining "new subscription service,"
+paragraph (10) defining "preexisting satellite digital audio radio
+service" and paragraph (11) defining "preexisting subscription service."
+Pub. L. No. 105-304, 112 Stat. 2860, 2897.
+
+47  The Digital Millennium Copyright Act states that "the publication of
+notice of proceedings under section 114(f)(1) . . . as in effect upon
+the effective date of [the Digital Performance Right in Sound Recordings
+Act of 1995, Pub. L. No. 104-39, 109 Stat. 336], for the determination
+of royalty payments shall be deemed to have been made for the period
+beginning on the effective date of that Act and ending on December 1,
+2001." Pub. L. No. 105-304, 112 Stat. 2860, 2899.
+
+48  The Digital Millennium Copyright Act contains an additional
+effective date provision for the amendment that changed the date in
+subsection 114(f)(1)(A) to December 31, 2001. This provision is
+paragraph 405(a)(5) of the Digital Millennium Copyright Act which is in
+Appendix V of this publication.
+
+49  The Record Rental Amendment of 1984 amended section 115 by
+redesignating paragraphs (3) and (4) of subsection (c) as paragraphs (4)
+and (5), respectively, and by adding a new paragraph (3). Pub. L. No.
+98-450, 98 Stat. 1727.
+
+In 1997, section 115 was amended by striking "and publish in the Federal
+Register" in subparagraph 115(c)(3)(D). Pub. L. No. 105-80, 111 Stat.
+1529, 1531. The same legislation also amended section 115(c)(3)(E) by
+replacing the phrases "sections 106(1) and (3)" and "sections 106(1) and
+106(3)" with "paragraphs (1) and (3) of section 106." Pub. L. No.
+105-80, 111 Stat. 1529, 1534.
+
+The Digital Performance Right in Sound Recordings Act of 1995 amended
+section 115 as follows: 1) in the first sentence of subsection (a)(1),
+by striking "any other person" and inserting in lieu thereof "any other
+person, including those who make phonorecords or digital phonorecord
+deliveries,"; 2) in the second sentence of the same subsection, by
+inserting before the period "including by means of a digital phonorecord
+delivery"; 3) in the second sentence of subsection (c)(2), by inserting
+"and other than as provided in paragraph (3)," after "For this
+purpose,"; 4) by redesignating paragraphs (3), (4) and (5) of subsection
+(c) as paragraphs (4), (5) and (6), respectively, and by inserting after
+paragraph (2) a new paragraph (3); and (5) by adding after subsection
+(c) a new subsection (d). Pub. L. No. 104-39, 109 Stat. 336, 344.
+
+50  Royalty rates specified by the compulsory licensing provisions of
+this section are subject to adjustment by copyright arbitration royalty
+panels appointed and convened by the Librarian of Congress in accordance
+with the provisions of Chapter 8 of title 17 of the *United States
+Code*, as amended by the Copyright Royalty Tribunal Reform Act of 1993.
+Pub. L. No. 103-198, 107 Stat. 2304.
+
+51  Pursuant to this subsection and section 803(a)(3) of title 17, the
+current rates have been established by regulation and may be found at 37
+C.F.R. 255.
+
+52  The Berne Convention Implementation Act of 1988 added section 116A.
+Pub. L. No. 100-568, 102 Stat. 2853, 2855. The Copyright Royalty
+Tribunal Reform Act of 1993 redesignated section 116A as section 116;
+repealed the preexisting section 116; in the redesignated section 116,
+struck subsections (b), (e), (f) and (g), and redesignated subsections
+(c) and (d) as subsections (b) and (c), respectively; and substituted,
+where appropriate, "Librarian of Congress" or "copyright arbitration
+royalty panel" for "Copyright Royalty Tribunal." Pub. L. No. 103-198,
+107 Stat. 2304, 2309. In 1997, section 116 was amended by rewriting
+subsection (b)(2) and by adding a new subsection (d). Pub. L. No.
+105-80, 111 Stat. 1529, 1531.
+
+53  In 1980, section 117 was amended in its entirety. Pub. L. No.
+96-517, 94 Stat. 3015, 3028. In 1998, the Computer Maintenance
+Competition Assurance Act amended section 117 by inserting headings for
+subsections (a) and (b) and by adding subsections (c) and (d). Pub. L.
+No. 105-304, 112 Stat. 2860, 2887.
+
+54  The Copyright Royalty Tribunal Reform Act of 1993 amended section
+118 by striking the first two sentences of subsection (b), by
+substituting a new first sentence in paragraph (3) and by making general
+conforming amendments throughout. Pub. L. 103-198, 107 Stat. 2304, 2309.
+In 1999, a technical amendment deleted paragraph (2) from section
+118(e). Pub. L. No. 106-44, 113 Stat. 221, 222.
+
+55  The Satellite Home Viewer Act of 1988 added section 119. Pub. L. No.
+100-667, 102 Stat. 3935, 3949. The Copyright Royalty Tribunal Reform Act
+of 1993 amended subsections (b) and (c) of section 119 by substituting
+"Librarian of Congress" in lieu of "Copyright Royalty Tribunal" wherever
+it appeared and by making related conforming amendments. Pub. L. No.
+103-198, 107 Stat. 2304, 2310. The Copyright Royalty Tribunal Reform Act
+of 1993 also amended paragraph (c)(3) by deleting subparagraphs (B),
+(C), (E) and (F) and by redesignating subparagraph (D) as (B), (G) as
+(C) and (H) as (D). The redesignated subparagraph (C) was amended in its
+entirety and paragraph (c)(4) was deleted. *Id.*
+
+The Satellite Home Viewer Act of 1994 further amended section 119. Pub.
+L. No. 103-369, 108 Stat. 3477. In 1997, technical corrections and
+clarifications were made to the Satellite Home Viewer Act of 1994. Pub.
+L. No. 105-80, 111 Stat. 1529. Those two acts amended section 119 as
+follows: 1) by deleting or replacing obsolete effective dates; 2) in
+subsection (a)(5), by adding subparagraph (D); 3) in subsection (a), by
+adding paragraphs (8), (9) and (10); 4) in subsection (b)(1)(B), by
+adjusting the royalty rate for retransmitted superstations; 5) in
+subsection (c)(3), by replacing subparagraph (B) with an amendment in
+the nature of a substitute; 6) in subsections (d)(2) and (d)(6), by
+modifying the definition of "network station" and "satellite carrier";
+and 7) in subsection (d), by adding paragraph 11 to define "local
+market."
+
+Pursuant to section 4 of the Satellite Home Viewer Act of 1994, the
+changes made by that Act to section 119 of the *United States Code*
+ceased to be effective on December 31, 1999. Pub. L. No. 103-369, 108
+Stat. 3477, 3481. However, section 1003 of the Satellite Home Viewer
+Improvement Act of 1999 extended that date to December 31, 2004. Pub. L.
+No. 106-113, 113 Stat. 1501, app. I at 1501A-527.
+
+The Digital Performance Right in Sound Recordings Act of 1995 amended
+section 119 in the first sentence of subsections (a)(1) and (a)(2)(A),
+respectively, by inserting the words "and section 114(d)" after "of this
+subsection." Pub. L. No. 104-39, 109 Stat. 336, 348. In 1999, a
+technical amendment substituted "network station's" for "network's
+stations" in section 119(a)(8)(C)(ii). Pub. L. No. 106-44, 113 Stat.
+221, 222.
+
+The Satellite Home Viewer Improvement Act of 1999 amended section 119(a)
+(1) as follows: 1) by inserting "AND PBS SATELLITE FEED" after
+"SUPERSTATIONS" in the paragraph heading; 2) by inserting "performance
+or display of a work embodied in a primary transmission made by a
+superstation or by the Public Broadcasting Service satellite feed" in
+lieu of "primary transmission made by a superstation and embodying a
+performance or display of a work," (see endnote 55, *infra*) and 3) by
+adding the last sentence, which begins "In the case of the Public
+Broadcasting Service." Pub. L. No. 106-113, 113 Stat. 1501, app. I at
+1501A-530 and 543. The Act states that these amendments shall be
+effective as of July 1, 1999, except for a portion of the second item,
+starting with "performance or display" through "superstation." Pub. L.
+No. 106-113, 113 Stat. 1501, app. I at 1501A-544. The Act also amended
+section 119(a) by inserting the phrase "with regard to secondary
+transmissions the satellite carrier is in compliance with the rules,
+regulations, or authorization of the Federal Communications Commission
+governing the carriage of television broadcast stations signals" in
+paragraphs (1) and (2) and by inserting into paragraph (2), "a
+performance or display of a work embodied in a primary transmission made
+by a network station" in lieu of "programming contained in a primary
+transmission made by a network station and embodying a performance or
+display of a work." *Id.* at 1501A-531 and 544. The Act amended section
+119(a)(2) by substituting new language for paragraph (B) and, in
+paragraph (C), by deleting "currently" after "the satellite carrier"
+near the end of the first sentence. *Id.* at 1501A-528 and 544. It also
+amended section 119(a)(4) by inserting "a performance or display of a
+work embodied in" after "by a satellite carrier of" and by deleting "and
+embodying a performance or display of a work." *Id.* at 1501A-544. The
+Satellite Home Viewer Improvement Act of 1999 further amended section
+119(a) by adding subparagraph (E) to paragraph (5). *Id.* at 1501A-528.
+It amended section 119(a)(6) by inserting "performance or display of a
+work embodied in" after "by a satellite carrier of" and by deleting "and
+embodying a performance or display of a work."* Id.* The Act also
+amended section 119(a) by adding paragraphs (11) and (12). *Id.* at
+1501A-529 and 531.
+
+The Satellite Home Viewer Improvement Act of 1999 amended section 119(b)
+(1) by inserting "or the Public Broadcasting Service satellite feed"
+into subparagraph (B). (See endnote 60, *infra.*) *Id.* at 1501A-530.
+The Act amended section 119(c) by adding a new paragraph (4). *Id.* at
+1501A-527. The Act amended section 119(d) by substituting new language
+for paragraphs (9) through (11) and by adding paragraph (12).* Id.* at
+1501A-527, 530 and 531. The Act substituted new language for section
+119(e). *Id.* at 1501A-529.
+
+56  The Satellite Home Viewer Improvement Act of 1999 amended section
+119(a)(1) by deleting "primary transmission made by a superstation and
+embodying a performance or display of a work" and inserting in its place
+"performance or display of a work embodied in a primary transmission
+made by a superstation." Pub. L. No. 106-113, 113 Stat. 1501, app. I at
+1501A-543. This amendatory language did not take into account a prior
+amendment which had inserted "or by the Public Broadcasting Service
+satellite feed" after "superstation" into the phrase quoted above that
+was deleted. Pub. L. No. 106-113, 113 Stat. 1501, app. I at 1501A-530.
+There was no mention of the phrase "or by the Public Broadcasting
+Service satellite feed" in that second amendment. To accommodate both
+amendments, the phrase "or by the Public Broadcasting Service satellite
+feed" has been placed at the end of the new language, after
+"superstation."
+
+57  The Satellite Home Viewer Act of 1994 states that "The provisions of
+section 119(a)(5)(D) . . . relating to the burden of proof of satellite
+carriers, shall take effect on January 1, 1997, with respect to civil
+actions relating to the eligibility of subscribers who subscribed to
+service as an unserved household before the date of the enactment of
+this Act." Pub. L. No. 103-369, 108 Stat. 3477, 3481.
+
+58  It appears that section 1011(b)(2)(D)(i) of the Satellite Home
+Viewer Improvement Act of 1999 inadvertently omitted the word "a" when
+it amended this paragraph. Pub. L. No. 106-113, 113 Stat. 1501, app. I
+at 1501A-528.
+
+59  The Satellite Home Viewer Act of 1994 states that "The provisions of
+section 119(a)(8)[,] . . . relating to transitional signal intensity
+measurements, shall cease to be effective on December 31, 1996." Pub. L.
+No. 103-369, 108 Stat. 3477, 3481.
+
+60  It appears that Congress intended for the Satellite Home Viewer
+Improvement Act of 1999 to amend section 119(a) of title 17, as amended
+by section 1005(d) of the Satellite Home Viewer Improvement Act of 1999,
+by adding a new paragraph (12) at the end thereof. Pub. L. No. 106-113,
+113 Stat. 1501, app. I at 1501A-531. However, due to a drafting error,
+the reference in the amendment is to section 119(a) as amended by
+section 1005(e), instead.
+
+61  It appears that Congress intended for the Satellite Home Viewer
+Improvement Act of 1999 to amend section 119(b)(1)(B)(ii) to insert "or
+the Public Broadcasting Service satellite feed" after "network station."
+Pub. L. No. 106-113, 113 Stat. 1501, app. I at 1501A-530. However, due
+to a drafting error, the reference in the amendment is to section 119(b)
+(1)(B)(iii), instead. The Act states that this amendment shall be
+effective as of July 1, 1999. Pub. L. No. 106-113, 113 Stat. 1501, app.
+I at 1501A-544.
+
+62  The Satellite Home Viewer Improvement Act of 1999 states that
+section 119(c)(4) shall be effective as of July 1, 1999. Pub. L. No.
+106-113, 113 Stat. 1501, app. I at 1501A-527.
+
+63  The Satellite Home Viewer Improvement Act of 1999 states that
+section 119(c)(5) shall be effective as of July 1, 1999. Pub. L. No.
+106-113, 113 Stat. 1501, app. I at 1501A-544.
+
+64  The Satellite Home Viewer Improvement Act of 1999 states that
+section 119(d)(9) shall be effective as of July 1, 1999. Pub. L. No.
+106-113, 113 Stat. 1501, app. I at 1501A-544.
+
+65  The Satellite Home Viewer Improvement Act of 1999 states that
+section 119(d)(12) shall be effective as of July 1, 1999. Pub. L. No.
+106-113, 113 Stat. 1501, app. I at 1501A-544.
+
+66  In 1990, the Architectural Works Copyright Protection Act added
+section 120. Pub. L. No. 101-650, 104 Stat. 5089, 5133.
+
+67  The Legislative Branch Appropriations Act, 1997, added section 121.
+Pub. L. No. 104-197, 110 Stat. 2394, 2416. The Work Made for Hire and
+Copyright Corrections Act of 2000 amended section 121 by substituting
+"section 106" for "sections 106 and 710." Pub. L. No. 106-379, 114 Stat.
+1444, 1445.
+
+68  The Satellite Home Viewer Improvement Act of 1999 added section 122.
+Pub. L. No. 106-113, 113 Stat. 1501, app. I at 1501A-523. The Act states
+that section 122 shall be effective as of November 29, 1999. Pub. L. No.
+106-113, 113 Stat. 1501, app. I at 1501A-544.
+
+------------------------------------------------------------------------
+
+Chapter 2
+
+Copyright Ownership and Transfer
+
+  + 201. Ownership of copyright
+  + 202. Ownership of copyright as distinct from ownership of material
+         object
+  + 203. Termination of transfers and licenses granted by the author
+  + 204. Execution of transfers of copyright ownership
+  + 205. Recordation of transfers and other documents
+
+
+Section 201. Ownership of copyright {1}
+
+(a) Initial Ownership.  Copyright in a work protected under this title
+vests initially in the author or authors of the work. The authors of a
+joint work are coowner of copyright in the work.
+
+(b) Works Made for Hire.  In the case of a work made for hire, the
+employer or other person for whom the work was prepared is considered
+the author for purposes of this title, and, unless the parties have
+expressly agreed otherwise in a written instrument signed by them, owns
+all of the rights comprised in the copyright.
+
+(c) Contributions to Collective Works.  Copyright in each separate
+contribution to a collective work is distinct from copyright in the
+collective work as a whole, and vests initially in the author of the
+contribution. In the absence of an express transfer of the copyright or
+of any rights under it, the owner of copyright in the collective work is
+presumed to have acquired only the privilege of reproducing and
+distributing the contribution as part of that particular collective
+work, any revision of that collective work, and any later collective
+work in the same series.
+
+(d) Transfer of Ownership.-
+
+(1) The ownership of a copyright may be transferred in whole or in part
+by any means of conveyance or by operation of law, and may be bequeathed
+by will or pass as personal property by the applicable laws of intestate
+succession.
+
+(2) Any of the exclusive rights comprised in a copyright, including any
+subdivision of any of the rights specified by section 106, may be
+transferred as provided by clause (1) and owned separately. The owner of
+any particular exclusive right is entitled, to the extent of that right,
+to all of the protection and remedies accorded to the copyright owner by
+this title.
+
+(e) Involuntary Transfer.  When an individual author's ownership of a
+copyright, or of any of the exclusive rights under a copyright, has not
+previously been transferred voluntarily by that individual author, no
+action by any governmental body or other official or organization
+purporting to seize, expropriate, transfer, or exercise rights of
+ownership with respect to the copyright, or any of the exclusive rights
+under a copyright, shall be given effect under this title, except as
+provided under title 11. [2]
+
+
+Section 202. Ownership of copyright as distinct from ownership of material
+object.
+
+Ownership of a copyright, or of any of the exclusive rights under a
+copyright, is distinct from ownership of any material object in which
+the work is embodied. Transfer of ownership of any material object,
+including the copy or phonorecord in which the work is first fixed, does
+not of itself convey any rights in the copyrighted work embodied in the
+object; nor, in the absence of an agreement, does transfer of ownership
+of a copyright or of any exclusive rights under a copyright convey
+property rights in any material object.
+
+
+Section 203. Termination of transfers and licenses granted by the
+author [3]
+
+(a) Conditions for Termination.  In the case of any work other than a
+work made for hire, the exclusive or nonexclusive grant of a transfer or
+license of copyright or of any right under a copyright, executed by the
+author on or after January 1, 1978, otherwise than by will, is subject
+to termination under the following conditions:
+
+(1) In the case of a grant executed by one author, termination of the
+grant may be effected by that author or, if the author is dead, by the
+person or persons who, under clause (2) of this subsection, own and are
+entitled to exercise a total of more than one-half of that author's
+termination interest. In the case of a grant executed by two or more
+authors of a joint work, termination of the grant may be effected by a
+majority of the authors who executed it; if any of such authors is dead,
+the termination interest of any such author may be exercised as a unit
+by the person or persons who, under clause (2) of this subsection, own
+and are entitled to exercise a total of more than one-half of that
+author's interest.
+
+(2) Where an author is dead, his or her termination interest is owned,
+and may be exercised, as follows:
+
+(A) the widow or widower owns the author's entire termination interest
+unless there are any surviving children or grandchildren of the author,
+in which case the widow or widower owns one-half of the author's
+interest;
+
+(B) the author's surviving children, and the surviving children of any
+dead child of the author, own the author's entire termination interest
+unless there is a widow or widower, in which case the ownership of one-
+half of the author's interest is divided among them;
+
+(C) the rights of the author's children and grandchildren are in all
+cases divided among them and exercised on a per stirpes basis according
+to the number of such author's children represented; the share of the
+children of a dead child in a termination interest can be exercised only
+by the action of a majority of them.
+
+(D) In the event that the author's widow or widower, children, and
+grandchildren are not living, the author's executor, administrator,
+personal representative, or trustee shall own the author's entire
+termination interest.
+
+(3) Termination of the grant may be effected at any time during a period
+of five years beginning at the end of thirty-five years from the date of
+execution of the grant; or, if the grant covers the right of publication
+of the work, the period begins at the end of thirty-five years from the
+date of publication of the work under the grant or at the end of forty
+years from the date of execution of the grant, whichever term ends
+earlier.
+
+(4) The termination shall be effected by serving an advance notice in
+writing, signed by the number and proportion of owners of termination
+interests required under clauses (1) and (2) of this subsection, or by
+their duly authorized agents, upon the grantee or the grantee's
+successor in title.
+
+(A) The notice shall state the effective date of the termination, which
+shall fall within the five-year period specified by clause (3) of this
+subsection, and the notice shall be served not less than two or more
+than ten years before that date. A copy of the notice shall be recorded
+in the Copyright Office before the effective date of termination, as a
+condition to its taking effect.
+
+(B) The notice shall comply, in form, content, and manner of service,
+with requirements that the Register of Copyrights shall prescribe by
+regulation.
+
+(5) Termination of the grant may be effected notwithstanding any
+agreement to the contrary, including an agreement to make a will or to
+make any future grant.
+
+(b) Effect of Termination.  Upon the effective date of termination, all
+rights under this title that were covered by the terminated grants
+revert to the author, authors, and other persons owning termination
+interests under clauses (1) and (2) of subsection (a), including those
+owners who did not join in signing the notice of termination under
+clause (4) of subsection (a), but with the following limitations:
+
+(1) A derivative work prepared under authority of the grant before its
+termination may continue to be utilized under the terms of the grant
+after its termination, but this privilege does not extend to the
+preparation after the termination of other derivative works based upon
+the copyrighted work covered by the terminated grant.
+
+(2) The future rights that will revert upon termination of the grant
+become vested on the date the notice of termination has been served as
+provided by clause (4) of subsection (a). The rights vest in the author,
+authors, and other persons named in, and in the proportionate shares
+provided by, clauses (1) and (2) of subsection (a).
+
+(3) Subject to the provisions of clause (4) of this subsection, a
+further grant, or agreement to make a further grant, of any right
+covered by a terminated grant is valid only if it is signed by the same
+number and proportion of the owners, in whom the right has vested under
+clause (2) of this subsection, as are required to terminate the grant
+under clauses (1) and (2) of subsection (a). Such further grant or
+agreement is effective with respect to all of the persons in whom the
+right it covers has vested under clause (2) of this subsection,
+including those who did not join in signing it. If any person dies after
+rights under a terminated grant have vested in him or her, that person's
+legal representatives, legatees, or heirs at law represent him or her
+for purposes of this clause.
+
+(4) A further grant, or agreement to make a further grant, of any right
+covered by a terminated grant is valid only if it is made after the
+effective date of the termination. As an exception, however, an
+agreement for such a further grant may be made between the persons
+provided by clause (3) of this subsection and the original grantee or
+such grantee's successor in title, after the notice of termination has
+been served as provided by clause (4) of subsection (a).
+
+(5) Termination of a grant under this section affects only those rights
+covered by the grants that arise under this title, and in no way affects
+rights arising under any other Federal, State, or foreign laws.
+
+(6) Unless and until termination is effected under this section, the
+grant, if it does not provide otherwise, continues in effect for the
+term of copyright provided by this title.
+
+
+Section 204. Execution of transfers of copyright ownership-
+
+(a) A transfer of copyright ownership, other than by operation of law,
+is not valid unless an instrument of conveyance, or a note or memorandum
+of the transfer, is in writing and signed by the owner of the rights
+conveyed or such owner's duly authorized agent.
+
+(b) A certificate of acknowledgment is not required for the validity of
+a transfer, but is prima facie evidence of the execution of the transfer
+if-
+
+(1) in the case of a transfer executed in the United States, the
+certificate is issued by a person authorized to administer oaths within
+the United States; or
+
+(2) in the case of a transfer executed in a foreign country, the
+certificate is issued by a diplomatic or consular officer of the United
+States, or by a person authorized to administer oaths whose authority is
+proved by a certificate of such an officer.
+
+
+Section 205. Recordation of transfers and other documents [4]
+
+(a) Conditions for Recordation.  Any transfer of copyright ownership or
+other document pertaining to a copyright may be recorded in the
+Copyright Office if the document filed for recordation bears the actual
+signature of the person who executed it, or if it is accompanied by a
+sworn or official certification that it is a true copy of the original,
+signed document.
+
+(b) Certificate of Recordation.  The Register of Copyrights shall, upon
+receipt of a document as provided by subsection (a) and of the fee
+provided by section 708, record the document and return it with a
+certificate of recordation.
+
+(c) Recordation as Constructive Notice.  Recordation of a document in the
+Copyright Office gives all persons constructive notice of the facts
+stated in the recorded document, but only if-
+
+(1) the document, or material attached to it, specifically identifies
+the work to which it pertains so that, after the document is indexed by
+the Register of Copyrights, it would be revealed by a reasonable search
+under the title or registration number of the work; and
+
+(2) registration has been made for the work.
+
+(d) Priority Between Conflicting Transfers.  As between two conflicting
+transfers, the one executed first prevails if it is recorded, in the
+manner required to give constructive notice under subsection (c), within
+one month after its execution in the United States or within two months
+after its execution outside the United States, or at any time before
+recordation in such manner of the later transfer. Otherwise the later
+transfer prevails if recorded first in such manner, and if taken in good
+faith, for valuable consideration or on the basis of a binding promise
+to pay royalties, and without notice of the earlier transfer.
+
+(e) Priority Between Conflicting Transfer of Ownership and Nonexclusive
+License.  A nonexclusive license, whether recorded or not, prevails over
+a conflicting transfer of copyright ownership if the license is
+evidenced by a written instrument signed by the owner of the rights
+licensed or such owner's duly authorized agent, and if
+
+(1) the license was taken before execution of the transfer; or
+
+(2) the license was taken in good faith before recordation of the
+transfer and without notice of it.
+
+------------------
+Chapter 2 Endnotes
+
+1  In 1978, section 201(e) was amended by deleting the period at the end
+and adding ", except as provided under title 11."
+
+2  Title 11 of the *United States Code* is entitled "Bankruptcy."
+
+3  In 1998, the Sonny Bono Copyright Term Extension Act amended section
+203 by deleting "by his widow or her widower and his or her
+grandchildren" from the first sentence in paragraph (2) of subsection
+(a) and by adding subparagraph (D) to paragraph (2). Pub. L. No.
+105-298, 112 Stat. 2827, 2829.
+
+4  The Berne Convention Implementation Act of 1988 amended section 205
+by deleting subsection (d) and redesignating subsections (e) and (f) as
+subsections (d) and (e), respectively. Pub. L. No. 100-568, 102 Stat.
+2853, 2857.
+
+------------------------------------------------------------------------
+
+Chapter 3 [1]
+
+Duration of Copyright
+
+  + 301. Preemption with respect to other laws
+  + 302. Duration of copyright: Works created on or after January 1,
+         1978
+  + 303. Duration of copyright: Works created but not published or
+         copyrighted before January 1, 1978
+  + 304. Duration of copyright: Subsisting copyrights
+  + 305. Duration of copyright: Terminal date
+
+
+Section 301. Preemption with respect to other laws [2]
+
+(a) On and after January 1, 1978, all legal or equitable rights that are
+equivalent to any of the exclusive rights within the general scope of
+copyright as specified by section 106 in works of authorship that are
+fixed in a tangible medium of expression and come within the subject
+matter of copyright as specified by sections 102 and 103, whether
+created before or after that date and whether published or unpublished,
+are governed exclusively by this title. Thereafter, no person is
+entitled to any such right or equivalent right in any such work under
+the common law or statutes of any State.
+
+(b) Nothing in this title annuls or limits any rights or remedies under
+the common law or statutes of any State with respect to-
+
+(1) subject matter that does not come within the subject matter of
+copyright as specified by sections 102 and 103, including works of
+authorship not fixed in any tangible medium of expression; or
+
+(2) any cause of action arising from undertakings commenced before
+January 1, 1978;
+
+(3) activities violating legal or equitable rights that are not
+equivalent to any of the exclusive rights within the general scope of
+copyright as specified by section 106; or
+
+(4) State and local landmarks, historic preservation, zoning, or
+building codes, relating to architectural works protected under section
+102(a)(8).
+
+(c) With respect to sound recordings fixed before February 15, 1972, any
+rights or remedies under the common law or statutes of any State shall
+not be annulled or limited by this title until February 15, 2067. The
+preemptive provisions of subsection (a) shall apply to any such rights
+and remedies pertaining to any cause of action arising from undertakings
+commenced on and after February 15, 2067. Notwithstanding the provisions
+of section 303, no sound recording fixed before February 15, 1972, shall
+be subject to copyright under this title before, on, or after February
+15, 2067.
+
+(d) Nothing in this title annuls or limits any rights or remedies under
+any other Federal statute.
+
+(e) The scope of Federal preemption under this section is not affected
+by the adherence of the United States to the Berne Convention or the
+satisfaction of obligations of the United States thereunder.
+
+(f)(1) On or after the effective date set forth in section 610(a) of the
+Visual Artists Rights Act of 1990, all legal or equitable rights that
+are equivalent to any of the rights conferred by section 106A with
+respect to works of visual art to which the rights conferred by section
+106A apply are governed exclusively by section 106A and section 113(d)
+and the provisions of this title relating to such sections. Thereafter,
+no person is entitled to any such right or equivalent right in any work
+of visual art under the common law or statutes of any State. [3]
+
+(2) Nothing in paragraph (1) annuls or limits any rights or remedies
+under the common law or statutes of any State with respect to-
+
+(A) any cause of action from undertakings commenced before the effective
+date set forth in section 610(a) of the Visual Artists Rights Act of
+1990;
+
+(B) activities violating legal or equitable rights that are not
+equivalent to any of the rights conferred by section 106A with respect
+to works of visual art; or
+
+(C) activities violating legal or equitable rights which extend beyond
+the life of the author.
+
+
+Section 302. Duration of copyright: Works created on or after January 1,
+1978 [4]
+
+(a) In General.  Copyright in a work created on or after January 1, 1978,
+subsists from its creation and, except as provided by the following
+subsections, endures for a term consisting of the life of the author and
+70 years after the author's death.
+
+(b) Joint Works.  In the case of a joint work prepared by two or more
+authors who did not work for hire, the copyright endures for a term
+consisting of the life of the last surviving author and 70 years after
+such last surviving author's death.
+
+(c) Anonymous Works, Pseudonymous Works, and Works Made for Hire.  In the
+case of an anonymous work, a pseudonymous work, or a work made for hire,
+the copyright endures for a term of 95 years from the year of its first
+publication, or a term of 120 years from the year of its creation,
+whichever expires first. If, before the end of such term, the identity
+of one or more of the authors of an anonymous or pseudonymous work is
+revealed in the records of a registration made for that work under
+subsections (a) or (d) of section 408, or in the records provided by
+this subsection, the copyright in the work endures for the term
+specified by subsection (a) or (b), based on the life of the author or
+authors whose identity has been revealed. Any person having an interest
+in the copyright in an anonymous or pseudonymous work may at any time
+record, in records to be maintained by the Copyright Office for that
+purpose, a statement identifying one or more authors of the work; the
+statement shall also identify the person filing it, the nature of that
+person's interest, the source of the information recorded, and the
+particular work affected, and shall comply in form and content with
+requirements that the Register of Copyrights shall prescribe by
+regulation.
+
+(d) Records Relating to Death of Authors.  Any person having an interest
+in a copyright may at any time record in the Copyright Office a
+statement of the date of death of the author of the copyrighted work, or
+a statement that the author is still living on a particular date. The
+statement shall identify the person filing it, the nature of that
+person's interest, and the source of the information recorded, and shall
+comply in form and content with requirements that the Register of
+Copyrights shall prescribe by regulation. The Register shall maintain
+current records of information relating to the death of authors of
+copyrighted works, based on such recorded statements and, to the extent
+the Register considers practicable, on data contained in any of the
+records of the Copyright Office or in other reference sources.
+
+(e) Presumption as to Author's Death.  After a period of 95 years from
+the year of first publication of a work, or a period of 120 years from
+the year of its creation, whichever expires first, any person who
+obtains from the Copyright Office a certified report that the records
+provided by subsection (d) disclose nothing to indicate that the author
+of the work is living, or died less than 70 years before, is entitled to
+the benefit of a presumption that the author has been dead for at least
+70 years. Reliance in good faith upon this presumption shall be a
+complete defense to any action for infringement under this title.
+
+
+Section 303. Duration of copyright: Works created but not published or
+copyrighted before January 1, 1978 [5]
+
+(a) Copyright in a work created before January 1, 1978, but not
+theretofore in the public domain or copyrighted, subsists from January
+1, 1978, and endures for the term provided by section 302. In no case,
+however, shall the term of copyright in such a work expire before
+December 31, 2002; and, if the work is published on or before December
+31, 2002, the term of copyright shall not expire before December 31,
+2047.
+
+(b) The distribution before January 1, 1978, of a phonorecord shall not
+for any purpose constitute a publication of the musical work embodied
+therein.
+
+
+Section 304. Duration of copyright: Subsisting copyrights [6]
+
+(a) Copyrights in Their First Term on January 1, 1978.
+
+(1)(A) Any copyright, in the first term of which is subsisting on
+January 1, 1978, shall endure for 28 years from the date it was
+originally secured.
+
+(B) In the case of-
+
+(i) any posthumous work or of any periodical, cyclopedic, or other
+composite work upon which the copyright was originally secured by the
+proprietor thereof, or
+
+(ii) any work copyrighted by a corporate body (otherwise than as
+assignee or licensee of the individual author) or by an employer for
+whom such work is made for hire,
+
+the proprietor of such copyright shall be entitled to a renewal and
+extension of the copyright in such work for the further term of 67
+years.
+
+(C) In the case of any other copyrighted work, including a contribution
+by an individual author to a periodical or to a cyclopedic or other
+composite work-
+
+(i) the author of such work, if the author is still living,
+
+(ii) the widow, widower, or children of the author, if the author is not
+living,
+
+(iii) the author's executors, if such author, widow, widower, or
+children are not living, or
+
+(iv) the author's next of kin, in the absence of a will of the author,
+shall be entitled to a renewal and extension of the copyright in such
+work for a further term of 67 years.
+
+(2)(A) At the expiration of the original term of copyright in a work
+specified in paragraph (1)(B) of this subsection, the copyright shall
+endure for a renewed and extended further term of 67 years, which-
+
+(i) if an application to register a claim to such further term has been
+made to the Copyright Office within 1 year before the expiration of the
+original term of copyright, and the claim is registered, shall vest,
+upon the beginning of such further term, in the proprietor of the
+copyright who is entitled to claim the renewal of copyright at the time
+the application is made; or
+
+(ii) if no such application is made or the claim pursuant to such
+application is not registered, shall vest, upon the beginning of such
+further term, in the person or entity that was the proprietor of the
+copyright as of the last day of the original term of copyright.
+
+(B) At the expiration of the original term of copyright in a work
+specified in paragraph (1)(C) of this subsection, the copyright shall
+endure for a renewed and extended further term of 67 years, which-
+
+(i) if an application to register a claim to such further term has been
+made to the Copyright Office within 1 year before the expiration of the
+original term of copyright, and the claim is registered, shall vest,
+upon the beginning of such further term, in any person who is entitled
+under paragraph (1)(C) to the renewal and extension of the copyright at
+the time the application is made; or
+
+(ii) if no such application is made or the claim pursuant to such
+application is not registered, shall vest, upon the beginning of such
+further term, in any person entitled under paragraph (1)(C), as of the
+last day of the original term of copyright, to the renewal and extension
+of the copyright.
+
+(3)(A) An application to register a claim to the renewed and extended
+term of copyright in a work may be made to the Copyright Office-
+
+(i) within 1 year before the expiration of the original term of
+copyright by any person entitled under paragraph (1)(B) or (C) to such
+further term of 67 years; and
+
+(ii) at any time during the renewed and extended term by any person in
+whom such further term vested, under paragraph (2)(A) or (B), or by any
+successor or assign of such person, if the application is made in the
+name of such person.
+
+(B) Such an application is not a condition of the renewal and extension
+of the copyright in a work for a further term of 67 years.
+
+(4)(A) If an application to register a claim to the renewed and extended
+term of copyright in a work is not made within 1 year before the
+expiration of the original term of copyright in a work, or if the claim
+pursuant to such application is not registered, then a derivative work
+prepared under authority of a grant of a transfer or license of the
+copyright that is made before the expiration of the original term of
+copyright may continue to be used under the terms of the grant during
+the renewed and extended term of copyright without infringing the
+copyright, except that such use does not extend to the preparation
+during such renewed and extended term of other derivative works based
+upon the copyrighted work covered by such grant.
+
+(B) If an application to register a claim to the renewed and extended
+term of copyright in a work is made within 1 year before its expiration,
+and the claim is registered, the certificate of such registration shall
+constitute prima facie evidence as to the validity of the copyright
+during its renewed and extended term and of the facts stated in the
+certificate. The evidentiary weight to be accorded the certificates of a
+registration of a renewed and extended term of copyright made after the
+end of that 1-year period shall be within the discretion of the court.
+
+(b) Copyrights in Their Renewal Term at the Time of the Effective Date
+of the Sonny Bono Copyright Term Extension Act. [7]  Any copyright still
+in its renewal term at the time that the Sonny Bono Copyright Term
+Extension Act becomes effective shall have a copyright term of 95 years
+from the date copyright was originally secured. [8]
+
+(c) Termination of Transfers and Licenses Covering Extended Renewal
+Term.  In the case of any copyright subsisting in either its first or
+renewal term on January 1, 1978, other than a copyright in a work made
+for hire, the exclusive or nonexclusive grant of a transfer or license
+of the renewal copyright or any right under it, executed before January
+1, 1978, by any of the persons designated by subsection (a)(1)(C) of
+this section, otherwise than by will, is subject to termination under
+the following conditions:
+
+(1) In the case of a grant executed by a person or persons other than
+the author, termination of the grant may be effected by the surviving
+person or persons who executed it. In the case of a grant executed by
+one or more of the authors of the work, termination of the grant may be
+effected, to the extent of a particular author's share in the ownership
+of the renewal copyright, by the author who executed it or, if such
+author is dead, by the person or persons who, under clause (2) of this
+subsection, own and are entitled to exercise a total of more than one-
+half of that author's termination interest.
+
+(2) Where an author is dead, his or her termination interest is owned,
+and may be exercised, as follows:
+
+(A) the widow or widower owns the author's entire termination interest
+unless there are any surviving children or grandchildren of the author,
+in which case the widow or widower owns one-half of the author's
+interest;
+
+(B) the author's surviving children, and the surviving children of any
+dead child of the author, own the author's entire termination interest
+unless there is a widow or widower, in which case the ownership of one-
+half of the author's interest is divided among them;
+
+(C) the rights of the author's children and grandchildren are in all
+cases divided among them and exercised on a per stirpes basis according
+to the number of such author's children represented; the share of the
+children of a dead child in a termination interest can be exercised only
+by the action of a majority of them.
+
+(D) In the event that the author's widow or widower, children, and
+grandchildren are not living, the author's executor, administrator,
+personal representative, or trustee shall own the author's entire
+termination interest.
+
+(3) Termination of the grant may be effected at any time during a period
+of five years beginning at the end of fifty-six years from the date
+copyright was originally secured, or beginning on January 1, 1978,
+whichever is later.
+
+(4) The termination shall be effected by serving an advance notice in
+writing upon the grantee or the grantee's successor in title. In the
+case of a grant executed by a person or persons other than the author,
+the notice shall be signed by all of those entitled to terminate the
+grant under clause (1) of this subsection, or by their duly authorized
+agents. In the case of a grant executed by one or more of the authors of
+the work, the notice as to any one author's share shall be signed by
+that author or his or her duly authorized agent or, if that author is
+dead, by the number and proportion of the owners of his or her
+termination interest required under clauses (1) and (2) of this
+subsection, or by their duly authorized agents.
+
+(A) The notice shall state the effective date of the termination, which
+shall fall within the five-year period specified by clause (3) of this
+subsection, or, in the case of a termination under subsection (d),
+within the five-year period specified by subsection (d)(2), and the
+notice shall be served not less than two or more than ten years before
+that date. A copy of the notice shall be recorded in the Copyright
+Office before the effective date of termination, as a condition to its
+taking effect.
+
+(B) The notice shall comply, in form, content, and manner of service,
+with requirements that the Register of Copyrights shall prescribe by
+regulation.
+
+(5) Termination of the grant may be effected notwithstanding any
+agreement to the contrary, including an agreement to make a will or to
+make any future grant.
+
+(6) In the case of a grant executed by a person or persons other than
+the author, all rights under this title that were covered by the
+terminated grant revert, upon the effective date of termination, to all
+of those entitled to terminate the grant under clause (1) of this
+subsection. In the case of a grant executed by one or more of the
+authors of the work, all of a particular author's rights under this
+title that were covered by the terminated grant revert, upon the
+effective date of termination, to that author or, if that author is
+dead, to the persons owning his or her termination interest under clause
+(2) of this subsection, including those owners who did not join in
+signing the notice of termination under clause (4) of this subsection.
+In all cases the reversion of rights is subject to the following
+limitations:
+
+(A) A derivative work prepared under authority of the grant before its
+termination may continue to be utilized under the terms of the grant
+after its termination, but this privilege does not extend to the
+preparation after the termination of other derivative works based upon
+the copyrighted work covered by the terminated grant.
+
+(B) The future rights that will revert upon termination of the grant
+become vested on the date the notice of termination has been served as
+provided by clause (4) of this subsection.
+
+(C) Where the author's rights revert to two or more persons under clause
+(2) of this subsection, they shall vest in those persons in the
+proportionate shares provided by that clause. In such a case, and
+subject to the provisions of subclause (D) of this clause, a further
+grant, or agreement to make a further grant, of a particular author's
+share with respect to any right covered by a terminated grant is valid
+only if it is signed by the same number and proportion of the owners, in
+whom the right has vested under this clause, as are required to
+terminate the grant under clause (2) of this subsection. Such further
+grant or agreement is effective with respect to all of the persons in
+whom the right it covers has vested under this subclause, including
+those who did not join in signing it. If any person dies after rights
+under a terminated grant have vested in him or her, that person's legal
+representatives, legatees, or heirs at law represent him or her for
+purposes of this subclause.
+
+(D) A further grant, or agreement to make a further grant, of any right
+covered by a terminated grant is valid only if it is made after the
+effective date of the termination. As an exception, however, an
+agreement for such a further grant may be made between the author or any
+of the persons provided by the first sentence of clause (6) of this
+subsection, or between the persons provided by subclause (C) of this
+clause, and the original grantee or such grantee's successor in title,
+after the notice of termination has been served as provided by clause
+(4) of this subsection.
+
+(E) Termination of a grant under this subsection affects only those
+rights covered by the grant that arise under this title, and in no way
+affects rights arising under any other Federal, State, or foreign laws.
+
+(F) Unless and until termination is effected under this subsection, the
+grant, if it does not provide otherwise, continues in effect for the
+remainder of the extended renewal term.
+
+(d) Termination Rights Provided in Subsection (c) Which Have Expired on
+or Before the Effective Date of the Sonny Bono Copyright Term Extension
+Act.  In the case of any copyright other than a work made for hire,
+subsisting in its renewal term on the effective date of the Sonny Bono
+Copyright Term Extension Act [9] for which the termination right provided
+in subsection (c) has expired by such date, where the author or owner of
+the termination right has not previously exercised such termination
+right, the exclusive or nonexclusive grant of a transfer or license of
+the renewal copyright or any right under it, executed before January 1,
+1978, by any of the persons designated in subsection (a)(1)(C) of this
+section, other than by will, is subject to termination under the
+following conditions:
+
+(1) The conditions specified in subsections (c) (1), (2), (4), (5), and
+(6) of this section apply to terminations of the last 20 years of
+copyright term as provided by the amendments made by the Sonny Bono
+Copyright Term Extension Act.
+
+(2) Termination of the grant may be effected at any time during a period
+of 5 years beginning at the end of 75 years from the date copyright was
+originally secured.
+
+
+Section 305. Duration of copyright: Terminal date
+
+All terms of copyright provided by sections 302 through 304 run to the
+end of the calendar year in which they would otherwise expire.
+
+------------------
+Chapter 3 Endnotes
+
+1  Private Law 92-60, 85 Stat. 857, effective December 15, 1971, states
+that:
+
+[A]ny provision of law to the contrary notwithstanding, copyright is
+hereby granted to the trustees under the will of Mary Baker Eddy, their
+successors, and assigns, in the work "Science and Health with Key to the
+Scriptures" (entitled also in some editions "Science and Health" or
+"Science and Health; with a Key to the Scriptures"), by Mary Baker Eddy,
+including all editions thereof in English and translation heretofore
+published, or hereafter published by or on behalf of said trustees,
+their successors or assigns, for a term of seventy-five years from the
+effective date of this Act or from the date of first publication,
+whichever is later.
+
+But *cf. United Christian Scientists v. Christian Science Board of
+Directors, First Church of Christ, Scientist*, 829 F.2d 1152, 4 USPQ2d
+1177 (D.C. Cir. 1987) (holding Priv. L. 92-60, 85 Stat. 857, to be
+unconstitutional because it violates the Establishment Clause).
+
+2  The Berne Convention Implementation Act of 1988 amended section 301
+by adding at the end thereof subsection (e). Pub. L. No. 100-568, 102
+Stat. 2853, 2857. In 1990, the Architectural Works Copyright Protection
+Act amended section 301(b) by adding at the end thereof paragraph (4).
+Pub. L. No. 101-650, 104 Stat. 5133, 5134. The Visual Artists Rights Act
+of 1990 amended section 301 by adding at the end thereof subsection (f).
+Pub. L. No. 101-650, 104 Stat. 5089, 5131. In 1998, the Sonny Bono
+Copyright Term Extension Act amended section 301 by changing "February
+15, 2047" to "February 15, 2067" each place it appeared in subsection
+(c). Pub. L. No. 105-298, 112 Stat. 2827.
+
+3  The Visual Artists Rights Act of 1990, which added subsection (f),
+states, "Subject to subsection (b) and except as provided in subsection
+(c), this title and the amendments made by this title take effect 6
+months after the date of the enactment of this Act," that is, six months
+after December 1, 1990. Pub. L. No. 101-650, 104 Stat. 5089, 5132. See
+also endnote 37, chapter 1.
+
+4  In 1998, the Sonny Bono Copyright Term Extension Act amended section
+302 by substituting "70" for "fifty," "95" for "seventy-five" and "120"
+for "one hundred" each place they appeared. Pub. L. No. 105-298, 112
+Stat. 2827.
+
+5  In 1997, section 303 was amended by adding subsection (b). Pub. L.
+No. 105-80, 111 Stat. 1529, 1534. In 1998, the Sonny Bono Copyright Term
+Extension Act amended section 303 by substituting "December 31, 2047"
+for "December 31, 2027." Pub. L. No. 105-298, 112 Stat. 2827.
+
+6  The Copyright Renewal Act of 1992 amended section 304 by substituting
+a new subsection (a) and by making a conforming amendment in the matter
+preceding paragraph (1) of subsection (c). Pub. L. No. 102-307, 106
+Stat. 264. The Act, as amended by the Sonny Bono Copyright Term
+Extension Act, states that the renewal and extension of a copyright for
+a further term of 67 years "shall have the same effect with respect to
+any grant, before the effective date of the Sonny Bono Copyright Term
+Extension Act [October 27, 1998], of a transfer or license of the
+further term as did the renewal of a copyright before the effective date
+of the Sonny Bono Copyright Term Extension Act [October 27, 1998] under
+the law in effect at the time of such grant." The Act also states that
+the 1992 amendments "shall apply only to those copyrights secured
+between January 1, 1964, and December 31, 1977. Copyrights secured
+before January 1, 1964, shall be governed by the provisions of section
+304(a) of title 17, United States Code, as in effect on the day before .
+. .[enactment on June 26, 1992], except each reference to forty-seven
+years in such provisions shall be deemed to be 67 years." Pub. L. No.
+102-307, 106 Stat. 264, 266, as amended by the Sonny Bono Copyright Term
+Extension Act, Pub. L. No. 105-298, 112 Stat. 2827, 2828.
+
+In 1998, the Sonny Bono Copyright Term Extension Act amended section 304
+by substituting "67" for "47" wherever it appeared in subsection (a), by
+substituting a new subsection (b) and by adding subsection (d) at the
+end thereof. Pub. L. No. 105-298, 112 Stat. 2827. That Act also amended
+subsection 304(c) by deleting "by his widow or her widower and his or
+her children or grandchildren" from the first sentence of paragraph (2),
+by adding subparagraph (D) at the end of paragraph (2) and by inserting
+"or, in the case of a termination under subsection (d), within the five-
+year period specified by subsection (d)(2)," into the first sentence of
+subparagraph (4)(A). *Id.*
+
+7  A series of nine Acts of Congress extended until December 31, 1976,
+previously renewed copyrights in which the renewal term would otherwise
+have expired between September 19, 1962 and December 31, 1976. The last
+of these enactments is Pub. L. No. 93-573, 88 Stat. 1873, enacted
+December 31, 1974, which cites the eight earlier acts. See also section
+102 of the Transitional and Supplementary Provisions of the Copyright
+Act of 1976, in Part I of the Appendix. Pub. L. No. 94-553, 90 Stat.
+2541.
+
+8  The effective date of the Sonny Bono Copyright Term Extension Act is
+October 27, 1998.
+
+9  See endnote 8, *supra*.
+
+------------------------------------------------------------------------
+
+Chapter 4
+
+Copyright Notice, Deposit, and Registration
+
+  + 401. Notice of copyright: Visually perceptible copies
+  + 402. Notice of copyright: Phonorecords of sound recordings
+  + 403. Notice of copyright: Publications incorporating United States
+         Government works
+  + 404. Notice of copyright: Contributions to collective works
+  + 405. Notice of copyright: Omission of notice on certain copies and
+         phonorecords
+  + 406. Notice of copyright: Error in name or date on certain copies
+         and phonorecords
+  + 407. Deposit of copies or phonorecords for Library of Congress
+  + 408. Copyright registration in general
+  + 409. Application for copyright registration
+  + 410. Registration of claim and issuance of certificate
+  + 411. Registration and infringement actions
+  + 412. Registration as prerequisite to certain remedies for
+         infringement
+
+
+Section 401. Notice of copyright: Visually perceptible copies [1]
+
+(a) General Provisions.  Whenever a work protected under this title is
+published in the United States or elsewhere by authority of the
+copyright owner, a notice of copyright as provided by this section may
+be placed on publicly distributed copies from which the work can be
+visually perceived, either directly or with the aid of a machine or
+device.
+
+(b) Form of Notice.  If a notice appears on the copies, it shall consist
+of the following three elements:
+
+(1) the symbol (the letter C in a circle), or the word "Copyright", or
+the abbreviation "Copr."; and
+
+(2) the year of first publication of the work; in the case of
+compilations or derivative works incorporating previously published
+material, the year date of first publication of the compilation or
+derivative work is sufficient. The year date may be omitted where a
+pictorial, graphic, or sculptural work, with accompanying text matter,
+if any, is reproduced in or on greeting cards, postcards, stationery,
+jewelry, dolls, toys, or any useful articles; and
+
+(3) the name of the owner of copyright in the work, or an abbreviation
+by which the name can be recognized, or a generally known alternative
+designation of the owner.
+
+(c) Position of Notice.  The notice shall be affixed to the copies in
+such manner and location as to give reasonable notice of the claim of
+copyright. The Register of Copyrights shall prescribe by regulation, as
+examples, specific methods of affixation and positions of the notice on
+various types of works that will satisfy this requirement, but these
+specifications shall not be considered exhaustive.
+
+(d) Evidentiary Weight of Notice.  If a notice of copyright in the form
+and position specified by this section appears on the published copy or
+copies to which a defendant in a copyright infringement suit had access,
+then no weight shall be given to such a defendant's interposition of a
+defense based on innocent infringement in mitigation of actual or
+statutory damages, except as provided in the last sentence of section
+504(c)(2).
+
+
+Section 402. Notice of copyright: Phonorecords of sound recordings [2]
+
+(a) General Provisions.  Whenever a sound recording protected under this
+title is published in the United States or elsewhere by authority of the
+copyright owner, a notice of copyright as provided by this section may
+be placed on publicly distributed phonorecords of the sound recording.
+
+(b) Form of Notice.  If a notice appears on the phonorecords, it shall
+consist of the following three elements:
+
+(1) the symbol [P in a circle] (the letter P in a circle); and
+
+(2) the year of first publication of the sound recording; and
+
+(3) the name of the owner of copyright in the sound recording, or an
+abbreviation by which the name can be recognized, or a generally known
+alternative designation of the owner; if the producer of the sound
+recording is named on the phonorecord labels or containers, and if no
+other name appears in conjunction with the notice, the producer's name
+shall be considered a part of the notice.
+
+(c) Position of Notice.  The notice shall be placed on the surface of the
+phonorecord, or on the phonorecord label or container, in such manner
+and location as to give reasonable notice of the claim of copyright.
+
+(d) Evidentiary Weight of Notice.  If a notice of copyright in the form
+and position specified by this section appears on the published
+phonorecord or phonorecords to which a defendant in a copyright
+infringement suit had access, then no weight shall be given to such a
+defendant's interposition of a defense based on innocent infringement in
+mitigation of actual or statutory damages, except as provided in the
+last sentence of section 504(c)(2).
+
+
+Section 403. Notice of copyright: Publications incorporating United States
+Government works [3]
+
+Sections 401(d) and 402(d) shall not apply to a work published in copies
+or phonorecords consisting predominantly of one or more works of the
+United States Government unless the notice of copyright appearing on the
+published copies or phonorecords to which a defendant in the copyright
+infringement suit had access includes a statement identifying, either
+affirmatively or negatively, those portions of the copies or
+phonorecords embodying any work or works protected under this title.
+
+
+Section 404. Notice of copyright: Contributions to collective works [4]
+
+(a) A separate contribution to a collective work may bear its own notice
+of copyright, as provided by sections 401 through 403. However, a single
+notice applicable to the collective work as a whole is sufficient to
+invoke the provisions of section 401(d) or 402(d), as applicable with
+respect to the separate contributions it contains (not including
+advertisements inserted on behalf of persons other than the owner of
+copyright in the collective work), regardless of the ownership of
+copyright in the contributions and whether or not they have been
+previously published.
+
+(b) With respect to copies and phonorecords publicly distributed by
+authority of the copyright owner before the effective date of the Berne
+Convention Implementation Act of 1988, where the person named in a
+single notice applicable to a collective work as a whole is not the
+owner of copyright in a separate contribution that does not bear its own
+notice, the case is governed by the provisions of section 406(a).
+
+
+Section 405. Notice of copyright: Omission of notice on certain copies and
+phonorecords [5]
+
+(a) Effect of Omission on Copyright.  With respect to copies and
+phonorecords publicly distributed by authority of the copyright owner
+before the effective date of the Berne Convention Implementation Act of
+1988, the omission of the copyright notice described in sections 401
+through 403 from copies or phonorecords publicly distributed by
+authority of the copyright owner does not invalidate the copyright in a
+work if-
+
+(1) the notice has been omitted from no more than a relatively small
+number of copies or phonorecords distributed to the public; or
+
+(2) registration for the work has been made before or is made within
+five years after the publication without notice, and a reasonable effort
+is made to add notice to all copies or phonorecords that are distributed
+to the public in the United States after the omission has been
+discovered; or
+
+(3) the notice has been omitted in violation of an express requirement
+in writing that, as a condition of the copyright owner's authorization
+of the public distribution of copies or phonorecords, they bear the
+prescribed notice.
+
+(b) Effect of Omission on Innocent Infringers.  Any person who innocently
+infringes a copyright, in reliance upon an authorized copy or
+phonorecord from which the copyright notice has been omitted and which
+was publicly distributed by authority of the copyright owner before the
+effective date of the Berne Convention Implementation Act of 1988,
+incurs no liability for actual or statutory damages under section 504
+for any infringing acts committed before receiving actual notice that
+registration for the work has been made under section 408, if such
+person proves that he or she was misled by the omission of notice. In a
+suit for infringement in such a case the court may allow or disallow
+recovery of any of the infringer's profits attributable to the
+infringement, and may enjoin the continuation of the infringing
+undertaking or may require, as a condition for permitting the
+continuation of the infringing undertaking, that the infringer pay the
+copyright owner a reasonable license fee in an amount and on terms fixed
+by the court.
+
+(c) Removal of Notice.  Protection under this title is not affected by
+the removal, destruction, or obliteration of the notice, without the
+authorization of the copyright owner, from any publicly distributed
+copies or phonorecords.
+
+
+Section 406. Notice of copyright: Error in name or date on certain copies
+and phonorecords [6]
+
+(a) Error in Name.  With respect to copies and phonorecords publicly
+distributed by authority of the copyright owner before the effective
+date of the Berne Convention Implementation Act of 1988, where the
+person named in the copyright notice on copies or phonorecords publicly
+distributed by authority of the copyright owner is not the owner of
+copyright, the validity and ownership of the copyright are not affected.
+In such a case, however, any person who innocently begins an undertaking
+that infringes the copyright has a complete defense to any action for
+such infringement if such person proves that he or she was misled by the
+notice and began the undertaking in good faith under a purported
+transfer or license from the person named therein, unless before the
+undertaking was begun-
+
+(1) registration for the work had been made in the name of the owner of
+copyright; or
+
+(2) a document executed by the person named in the notice and showing
+the ownership of the copyright had been recorded.
+
+The person named in the notice is liable to account to the copyright
+owner for all receipts from transfers or licenses purportedly made under
+the copyright by the person named in the notice.
+
+(b) Error in Date.  When the year date in the notice on copies or
+phonorecords distributed before the effective date of the Berne
+Convention Implementation Act of 1988 by authority of the copyright
+owner is earlier than the year in which publication first occurred, any
+period computed from the year of first publication under section 302 is
+to be computed from the year in the notice. Where the year date is more
+than one year later than the year in which publication first occurred,
+the work is considered to have been published without any notice and is
+governed by the provisions of section 405.
+
+(c) Omission of Name or Date.  Where copies or phonorecords publicly
+distributed before the effective date of the Berne Convention
+Implementation Act of 1988 by authority of the copyright owner contain
+no name or no date that could reasonably be considered a part of the
+notice, the work is considered to have been published without any notice
+and is governed by the provisions of section 405 as in effect on the day
+before the effective date of the Berne Convention Implementation Act of
+1988.
+
+
+Section 407. Deposit of copies or phonorecords for Library of Congress [7]
+
+(a) Except as provided by subsection (c), and subject to the provisions
+of subsection (e), the owner of copyright or of the exclusive right of
+publication in a work published in the United States shall deposit,
+within three months after the date of such publication-
+
+(1) two complete copies of the best edition; or
+
+(2) if the work is a sound recording, two complete phonorecords of the
+best edition, together with any printed or other visually perceptible
+material published with such phonorecords.
+
+Neither the deposit requirements of this subsection nor the acquisition
+provisions of subsection (e) are conditions of copyright protection.
+
+(b) The required copies or phonorecords shall be deposited in the
+Copyright Office for the use or disposition of the Library of Congress.
+The Register of Copyrights shall, when requested by the depositor and
+upon payment of the fee prescribed by section 708, issue a receipt for
+the deposit.
+
+(c) The Register of Copyrights may by regulation exempt any categories
+of material from the deposit requirements of this section, or require
+deposit of only one copy or phonorecord with respect to any categories.
+Such regulations shall provide either for complete exemption from the
+deposit requirements of this section, or for alternative forms of
+deposit aimed at providing a satisfactory archival record of a work
+without imposing practical or financial hardships on the depositor,
+where the individual author is the owner of copyright in a pictorial,
+graphic, or sculptural work and (i) less than five copies of the work
+have been published, or (ii) the work has been published in a limited
+edition consisting of numbered copies, the monetary value of which would
+make the mandatory deposit of two copies of the best edition of the work
+burdensome, unfair, or unreasonable.
+
+(d) At any time after publication of a work as provided by
+subsection(a), the Register of Copyrights may make written demand for
+the required deposit on any of the persons obligated to make the deposit
+under subsection (a). Unless deposit is made within three months after
+the demand is received, the person or persons on whom the demand was
+made are liable-
+
+(1) to a fine of not more than $250 for each work; and
+
+(2) to pay into a specially designated fund in the Library of Congress
+the total retail price of the copies or phonorecords demanded, or, if no
+retail price has been fixed, the reasonable cost to the Library of
+Congress of acquiring them; and
+
+(3) to pay a fine of $2,500, in addition to any fine or liability
+imposed under clauses (1) and (2), if such person willfully or
+repeatedly fails or refuses to comply with such a demand.
+
+(e) With respect to transmission programs that have been fixed and
+transmitted to the public in the United States but have not been
+published, the Register of Copyrights shall, after consulting with the
+Librarian of Congress and other interested organizations and officials,
+establish regulations governing the acquisition, through deposit or
+otherwise, of copies or phonorecords of such programs for the
+collections of the Library of Congress.
+
+(1) The Librarian of Congress shall be permitted, under the standards
+and conditions set forth in such regulations, to make a fixation of a
+transmission program directly from a transmission to the public, and to
+reproduce one copy or phonorecord from such fixation for archival
+purposes.
+
+(2) Such regulations shall also provide standards and procedures by
+which the Register of Copyrights may make written demand, upon the owner
+of the right of transmission in the United States, for the deposit of a
+copy or phonorecord of a specific transmission program. Such deposit
+may, at the option of the owner of the right of transmission in the
+United States, be accomplished by gift, by loan for purposes of
+reproduction, or by sale at a price not to exceed the cost of
+reproducing and supplying the copy or phonorecord. The regulations
+established under this clause shall provide reasonable periods of not
+less than three months for compliance with a demand, and shall allow for
+extensions of such periods and adjustments in the scope of the demand or
+the methods for fulfilling it, as reasonably warranted by the
+circumstances. Willful failure or refusal to comply with the conditions
+prescribed by such regulations shall subject the owner of the right of
+transmission in the United States to liability for an amount, not to
+exceed the cost of reproducing and supplying the copy or phonorecord in
+question, to be paid into a specially designated fund in the Library of
+Congress.
+
+(3) Nothing in this subsection shall be construed to require the making
+or retention, for purposes of deposit, of any copy or phonorecord of an
+unpublished transmission program, the transmission of which occurs
+before the receipt of a specific written demand as provided by clause
+(2).
+
+(4) No activity undertaken in compliance with regulations prescribed
+under clauses (1) and (2) of this subsection shall result in liability
+if intended solely to assist in the acquisition of copies or
+phonorecords under this subsection.
+
+
+Section 408. Copyright registration in general [8]
+
+(a) Registration Permissive.  At any time during the subsistence of the
+first term of copyright in any published or unpublished work in which
+the copyright was secured before January 1, 1978, and during the
+subsistence of any copyright secured on or after that date, the owner of
+copyright or of any exclusive right in the work may obtain registration
+of the copyright claim by delivering to the Copyright Office the deposit
+specified by this section, together with the application and fee
+specified by sections 409 and 708. Such registration is not a condition
+of copyright protection.
+
+(b) Deposit for Copyright Registration.  Except as provided by subsection
+(c), the material deposited for registration shall include-
+
+(1) in the case of an unpublished work, one complete copy or
+phonorecord;
+
+(2) in the case of a published work, two complete copies or phonorecords
+of the best edition;
+
+(3) in the case of a work first published outside the United States, one
+complete copy or phonorecord as so published;
+
+(4) in the case of a contribution to a collective work, one complete
+copy or phonorecord of the best edition of the collective work.
+
+Copies or phonorecords deposited for the Library of Congress under
+section 407 may be used to satisfy the deposit provisions of this
+section, if they are accompanied by the prescribed application and fee,
+and by any additional identifying material that the Register may, by
+regulation, require. The Register shall also prescribe regulations
+establishing requirements under which copies or phonorecords acquired
+for the Library of Congress under subsection (e) of section 407,
+otherwise than by deposit, may be used to satisfy the deposit provisions
+of this section. (c) Administrative Classification and Optional
+Deposit.   (1) The Register of Copyrights is authorized to specify by
+regulation the administrative classes into which works are to be placed
+for purposes of deposit and registration, and the nature of the copies
+or phonorecords to be deposited in the various classes specified. The
+regulations may require or permit, for particular classes, the deposit
+of identifying material instead of copies or phonorecords, the deposit
+of only one copy or phonorecord where two would normally be required, or
+a single registration for a group of related works. This administrative
+classification of works has no significance with respect to the subject
+matter of copyright or the exclusive rights provided by this title.
+
+(2) Without prejudice to the general authority provided under clause
+(1), the Register of Copyrights shall establish regulations specifically
+permitting a single registration for a group of works by the same
+individual author, all first published as contributions to periodicals,
+including newspapers, within a twelve-month period, on the basis of a
+single deposit, application, and registration fee, under the following
+conditions-
+
+(A) if the deposit consists of one copy of the entire issue of the
+periodical, or of the entire section in the case of a newspaper, in
+which each contribution was first published; and
+
+(B) if the application identifies each work separately, including the
+periodical containing it and its date of first publication.
+
+(3) As an alternative to separate renewal registrations under subsection
+(a) of section 304, a single renewal registration may be made for a
+group of works by the same individual author, all first published as
+contributions to periodicals, including newspapers, upon the filing of a
+single application and fee, under all of the following conditions:
+
+(A) the renewal claimant or claimants, and the basis of claim or claims
+under section 304(a), is the same for each of the works; and
+
+(B) the works were all copyrighted upon their first publication, either
+through separate copyright notice and registration or by virtue of a
+general copyright notice in the periodical issue as a whole; and
+
+(C) the renewal application and fee are received not more than twenty-
+eight or less than twenty-seven years after the thirty-first day of
+December of the calendar year in which all of the works were first
+published; and
+
+(D) the renewal application identifies each work separately, including
+the periodical containing it and its date of first publication.
+
+(d) Corrections and Amplifications.  The Register may also establish, by
+regulation, formal procedures for the filing of an application for
+supplementary registration, to correct an error in a copyright
+registration or to amplify the information given in a registration. Such
+application shall be accompanied by the fee provided by section 708, and
+shall clearly identify the registration to be corrected or amplified.
+The information contained in a supplementary registration augments but
+does not supersede that contained in the earlier registration.
+
+(e) Published Edition of Previously Registered Work.  Registration for
+the first published edition of a work previously registered in
+unpublished form may be made even though the work as published is
+substantially the same as the unpublished version.
+
+
+Section 409. Application for copyright registration [9]
+
+The application for copyright registration shall be made on a form
+prescribed by the Register of Copyrights and shall include
+
+(1) the name and address of the copyright claimant;
+
+(2) in the case of a work other than an anonymous or pseudonymous work,
+the name and nationality or domicile of the author or authors, and, if
+one or more of the authors is dead, the dates of their deaths;
+
+(3) if the work is anonymous or pseudonymous, the nationality or
+domicile of the author or authors;
+
+(4) in the case of a work made for hire, a statement to this effect;
+
+(5) if the copyright claimant is not the author, a brief statement of
+how the claimant obtained ownership of the copyright;
+
+(6) the title of the work, together with any previous or alternative
+titles under which the work can be identified;
+
+(7) the year in which creation of the work was completed;
+
+(8) if the work has been published, the date and nation of its first
+publication;
+
+(9) in the case of a compilation or derivative work, an identification
+of any preexisting work or works that it is based on or incorporates,
+and a brief, general statement of the additional material covered by the
+copyright claim being registered;
+
+(10) in the case of a published work containing material of which copies
+are required by section 601 to be manufactured in the United States, the
+names of the persons or organizations who performed the processes
+specified by subsection (c) of section 601 with respect to that
+material, and the places where those processes were performed; and
+
+(11) any other information regarded by the Register of Copyrights as
+bearing upon the preparation or identification of the work or the
+existence, ownership, or duration of the copyright.
+
+If an application is submitted for the renewed and extended term
+provided for in section 304(a)(3)(A) and an original term registration
+has not been made, the Register may request information with respect to
+the existence, ownership, or duration of the copyright for the original
+term.
+
+
+Section 410. Registration of claim and issuance of certificate
+
+(a) When, after examination, the Register of Copyrights determines that,
+in accordance with the provisions of this title, the material deposited
+constitutes copyrightable subject matter and that the other legal and
+formal requirements of this title have been met, the Register shall
+register the claim and issue to the applicant a certificate of
+registration under the seal of the Copyright Office. The certificate
+shall contain the information given in the application, together with
+the number and effective date of the registration.
+
+(b) In any case in which the Register of Copyrights determines that, in
+accordance with the provisions of this title, the material deposited
+does not constitute copyrightable subject matter or that the claim is
+invalid for any other reason, the Register shall refuse registration and
+shall notify the applicant in writing of the reasons for such refusal.
+
+(c) In any judicial proceedings the certificate of a registration made
+before or within five years after first publication of the work shall
+constitute *prima facie* evidence of the validity of the copyright and
+of the facts stated in the certificate. The evidentiary weight to be
+accorded the certificate of a registration made thereafter shall be
+within the discretion of the court.
+
+(d) The effective date of a copyright registration is the day on which
+an application, deposit, and fee, which are later determined by the
+Register of Copyrights or by a court of competent jurisdiction to be
+acceptable for registration, have all been received in the Copyright
+Office.
+
+
+Section 411. Registration and infringement actions [10]
+
+(a) Except for an action brought for a violation of the rights of the
+author under section 106A(a), and subject to the provisions of
+subsection (b), no action for infringement of the copyright in any
+United States work shall be instituted until registration of the
+copyright claim has been made in accordance with this title. In any
+case, however, where the deposit, application, and fee required for
+registration have been delivered to the Copyright Office in proper form
+and registration has been refused, the applicant is entitled to
+institute an action for infringement if notice thereof, with a copy of
+the complaint, is served on the Register of Copyrights. The Register
+may, at his or her option, become a party to the action with respect to
+the issue of registrability of the copyright claim by entering an
+appearance within sixty days after such service, but the Register's
+failure to become a party shall not deprive the court of jurisdiction to
+determine that issue.
+
+(b) In the case of a work consisting of sounds, images, or both, the
+first fixation of which is made simultaneously with its transmission,
+the copyright owner may, either before or after such fixation takes
+place, institute an action for infringement under section 501, fully
+subject to the remedies provided by sections 502 through 506 and
+sections 509 and 510, if, in accordance with requirements that the
+Register of Copyrights shall prescribe by regulation, the copyright
+owner-
+
+(1) serves notice upon the infringer, not less than 48 hours before such
+fixation, identifying the work and the specific time and source of its
+first transmission, and declaring an intention to secure copyright in
+the work; and
+
+(2) makes registration for the work, if required by subsection (a),
+within three months after its first transmission.
+
+
+Section 412. Registration as prerequisite to certain remedies for
+infringement [11]
+
+In any action under this title, other than an action brought for a
+violation of the rights of the author under section 106A(a) or an action
+instituted under section 411(b), no award of statutory damages or of
+attorney's fees, as provided by sections 504 and 505, shall be made for
+
+(1) any infringement of copyright in an unpublished work commenced
+before the effective date of its registration; or
+
+(2) any infringement of copyright commenced after first publication of
+the work and before the effective date of its registration, unless such
+registration is made within three months after the first publication of
+the work.
+
+------------------
+Chapter 4 Endnotes
+
+1  The Berne Convention Implementation Act of 1988 amended section 401
+as follows: 1) in subsection (a), by changing the heading to "General
+Provisions" and by inserting "may be placed on" in lieu of "shall be
+placed on all"; 2) in subsection (b), by inserting "If a notice appears
+on the copies, it" in lieu of "The notice appearing on the copies"; and
+3) by adding subsection (d). Pub. L. No. 100-568, 102 Stat. 2853, 2857.
+
+2  The Berne Convention Implementation Act of 1988 amended section 402
+as follows: 1) in subsection (a), by changing the heading to "General
+Provisions" and by inserting "may be placed on" in lieu of "shall be
+placed on all"; 2) in subsection (b), by inserting "If a notice appears
+on the phonorecords, it" in lieu of "The notice appearing on the
+phonorecords"; and 3) by adding subsection (d). Pub. L. No. 100-568, 102
+Stat. 2853, 2857.
+
+3  The Berne Convention Implementation Act of 1988 amended section 403
+in its entirety. Pub. L. No. 100-568, 102 Stat. 2853, 2858.
+
+4  The Berne Convention Implementation Act of 1988 amended section 404
+as follows: 1) in the second sentence of subsection (a), by inserting
+"to invoke the provisions of section 401(d) or 402(d), as applicable" in
+lieu of "to satisfy the requirements of sections 401 through 403" and 2)
+in subsection (b), by inserting "With respect to copies and phonorecords
+publicly distributed by authority of the copyright owner before the
+effective date of the Berne Convention Implementation Act of 1988," at
+the beginning of the sentence. Pub. L. No. 100-568, 102 Stat. 2853,
+2858.
+
+5  The Berne Convention Implementation Act of 1988 amended section 405
+as follows: 1) in subsection (a), by inserting "With respect to copies
+and phonorecords publicly distributed by authority of the copyright
+owner before the effective date of the Berne Convention Implementation
+Act of 1988, the omission of the copyright notice described in" at the
+beginning of the first sentence, in lieu of "The omission of the
+copyright notice prescribed by"; 2) in subsection (b), by inserting
+after "omitted," in the first sentence, "and which was publicly
+distributed by authority of the copyright owner before the effective
+date of the Berne Convention Implementation Act of 1988"; and 3) by
+amending the section heading to add "on certain copies and phonorecords"
+at the end thereof. Pub. L. No. 100-568, 102 Stat. 2853, 2858.
+
+6  The Berne Convention Implementation Act of 1988 amended section 406
+as follows: 1) in subsection (a), by inserting "With respect to copies
+and phonorecords publicly distributed by authority of the copyright
+owner before the effective date of the Berne Convention Implementation
+Act of 1988," at the beginning of the first sentence; 2) in subsection
+(b), by inserting "before the effective date of the Berne Convention
+Implementation Act of 1988" after "distributed"; 3) in subsection (c),
+by inserting "before the effective date of the Berne Convention
+Implementation Act of 1988" after "publicly distributed" and by
+inserting "as in effect on the day before the effective date of the
+Berne Convention Implementation Act of 1988" after "405"; and 4) by
+amending the section heading to add "on certain copies and phonorecords"
+at the end thereof. Pub. L. No. 100-568, 102 Stat. 2853, 2858.
+
+7  The Berne Convention Implementation Act of 1988 amended section 407 by
+striking out the words "with notice of copyright" in subsection (a).
+Pub. L. No. 100-568, 102 Stat. 2853, 2859.
+
+8  The Berne Convention Implementation Act of 1988 amended section 408 by
+deleting "Subject to the provisions of section 405(a)," at the beginning
+of the second sentence of subsection (a). Pub. L. No. 100-568, 102 Stat.
+2853, 2859. That Act also amended section 408(c)(2) by inserting "the
+following conditions:" in lieu of "all of the following conditions" and
+by striking subparagraph (A) and by redesignating subparagraphs (B) and
+(C) as subparagraphs (A) and (B), respectively. *Id.*
+
+The Copyright Renewal Act of 1992 amended section 408 by revising the
+first sentence of subsection (a), preceding the words "the owner of
+copyright or of any exclusive right." Pub. L. No. 102-307, 106 Stat.
+264, 266.
+
+9  The Copyright Renewal Act of 1992 amended section 409 by adding the
+last sentence. Pub. L. No. 102-307, 106 Stat. 264, 266.
+
+10  The Berne Convention Implementation Act of 1988 amended section 411 as
+follows: 1) in subsection (a), by inserting "Except for actions for
+infringement of copyright in Berne Convention works whose country of
+origin is not the United States, and" before "subject"; 2) in paragraph
+(b)(2), by inserting ", if required by subsection (a)," after "work";
+and 3) by inserting "and infringement actions" in the heading, in lieu
+of "as prerequisite to infringement suit." Pub. L. No. 100-568, 102
+Stat. 2853, 2859.
+
+The Visual Artists Rights Act of 1990 amended section 411(a) by
+inserting "and an action brought for a violation of the rights of the
+author under section 106A(a)" after "United States." Pub. L. No.
+101-650, 104 Stat. 5089, 5131. In 1997, section 411(b)(1) was amended in
+its entirety. Pub. L. No. 105-80, 111 Stat. 1529, 1532.
+
+The WIPO Copyright and Performances and Phonograms Treaties
+Implementation Act of 1998 amended the first sentence in section 411(a)
+by deleting "actions for infringement of copyright in Berne Convention
+works whose country of origin is not the United and" and by inserting
+"United States" after "no action for infringement of the copyright in
+any." Pub. L. No. 105-304, 112 Stat. 2860, 2863.
+
+11  The Visual Artists Rights Act of 1990 amended section 412 by inserting
+"an action brought for a violation of the rights of the author under
+section 106A(a) or" after "other than." Pub. L. No. 101-650, 104 Stat.
+5089, 5131.
+
+------------------------------------------------------------------------
+
+Chapter 5 [1]
+
+Copyright Infringement and Remedies
+
+  + 501. Infringement of copyright
+  + 502. Remedies for infringement: Injunctions
+  + 503. Remedies for infringement: Impounding and disposition of
+         infringing articles
+  + 504. Remedies for infringement: Damages and profits
+  + 505. Remedies for infringement: Costs and attorney's fees
+  + 506. Criminal offenses
+  + 507. Limitations on actions
+  + 508. Notification of filing and determination of actions
+  + 509. Seizure and forfeiture
+  + 510. Remedies for alteration of programming by cable systems
+  + 511. Liability of States, instrumentalities of States, and State
+         officials for infringement of copyright
+  + 512. Limitations on liability relating to material online
+  + 513. [2]  Determination of reasonable license fees for individual
+         proprietors
+
+
+Section 501. Infringement of copyright [3]
+
+(a) Anyone who violates any of the exclusive rights of the copyright
+owner as provided by sections 106 through 121 or of the author as
+provided in section 106A(a), or who imports copies or phonorecords into
+the United States in violation of section 602, is an infringer of the
+copyright or right of the author, as the case may be. For purposes of
+this chapter (other than section 506), any reference to copyright shall
+be deemed to include the rights conferred by section 106A(a). As used in
+this subsection, the term "anyone" includes any State, any
+instrumentality of a State, and any officer or employee of a State or
+instrumentality of a State acting in his or her official capacity. Any
+State, and any such instrumentality, officer, or employee, shall be
+subject to the provisions of this title in the same manner and to the
+same extent as any nongovernmental entity.
+
+(b) The legal or beneficial owner of an exclusive right under a
+copyright is entitled, subject to the requirements of section 411, to
+institute an action for any infringement of that particular right
+committed while he or she is the owner of it. The court may require such
+owner to serve written notice of the action with a copy of the complaint
+upon any person shown, by the records of the Copyright Office or
+otherwise, to have or claim an interest in the copyright, and shall
+require that such notice be served upon any person whose interest is
+likely to be affected by a decision in the case. The court may require
+the joinder, and shall permit the intervention, of any person having or
+claiming an interest in the copyright.
+
+(c) For any secondary transmission by a cable system that embodies a
+performance or a display of a work which is actionable as an act of
+infringement under subsection (c) of section 111, a television broadcast
+station holding a copyright or other license to transmit or perform the
+same version of that work shall, for purposes of subsection (b) of this
+section, be treated as a legal or beneficial owner if such secondary
+transmission occurs within the local service area of that television
+station.
+
+(d) For any secondary transmission by a cable system that is actionable
+as an act of infringement pursuant to section 111(c)(3), the following
+shall also have standing to sue: (i) the primary transmitter whose
+transmission has been altered by the cable system; and (ii) any
+broadcast station within whose local service area the secondary
+transmission occurs.
+
+(e) With respect to any secondary transmission that is made by a
+satellite carrier of a performance or display of a work embodied in a
+primary transmission and is actionable as an act of infringement under
+section 119(a)(5), a network station holding a copyright or other
+license to transmit or perform the same version of that work shall, for
+purposes of subsection (b) of this section, be treated as a legal or
+beneficial owner if such secondary transmission occurs within the local
+service area of that station.
+
+(f)(1) With respect to any secondary transmission that is made by a
+satellite carrier of a performance or display of a work embodied in a
+primary transmission and is actionable as an act of infringement under
+section 122, a television broadcast station holding a copyright or other
+license to transmit or perform the same version of that work shall, for
+purposes of subsection (b) of this section, be treated as a legal or
+beneficial owner if such secondary transmission occurs within the local
+market of that station.
+
+(2) A television broadcast station may file a civil action against any
+satellite carrier that has refused to carry television broadcast
+signals, as required under section 122(a)(2), to enforce that television
+broadcast station's rights under section 338(a) of the Communications
+Act of 1934.
+
+
+Section 502. Remedies for infringement: Injunctions
+
+(a) Any court having jurisdiction of a civil action arising under this
+title may, subject to the provisions of section 1498 of title 28, grant
+temporary and final injunctions on such terms as it may deem reasonable
+to prevent or restrain infringement of a copyright.
+
+(b) Any such injunction may be served anywhere in the United States on
+the person enjoined; it shall be operative throughout the United States
+and shall be enforceable, by proceedings in contempt or otherwise, by
+any United States court having jurisdiction of that person. The clerk of
+the court granting the injunction shall, when requested by any other
+court in which enforcement of the injunction is sought, transmit
+promptly to the other court a certified copy of all the papers in the
+case on file in such clerk's office.
+
+Section 503. Remedies for infringement: Impounding and disposition of
+infringing articles
+
+(a) At any time while an action under this title is pending, the court
+may order the impounding, on such terms as it may deem reasonable, of
+all copies or phonorecords claimed to have been made or used in
+violation of the copyright owner's exclusive rights, and of all plates,
+molds, matrices, masters, tapes, film negatives, or other articles by
+means of which such copies or phonorecords may be reproduced.
+
+(b) As part of a final judgment or decree, the court may order the
+destruction or other reasonable disposition of all copies or
+phonorecords found to have been made or used in violation of the
+copyright owner's exclusive rights, and of all plates, molds, matrices,
+masters, tapes, film negatives, or other articles by means of which such
+copies or phonorecords may be reproduced.
+
+
+Section 504. Remedies for infringement: Damages and profits [4]
+
+(a) In General.  Except as otherwise provided by this title, an infringer
+of copyright is liable for either-
+
+(1) the copyright owner's actual damages and any additional profits of
+the infringer, as provided by subsection (b); or
+
+(2) statutory damages, as provided by subsection (c).
+
+(b) Actual Damages and Profits.  The copyright owner is entitled to
+recover the actual damages suffered by him or her as a result of the
+infringement, and any profits of the infringer that are attributable to
+the infringement and are not taken into account in computing the actual
+damages. In establishing the infringer's profits, the copyright owner is
+required to present proof only of the infringer's gross revenue, and the
+infringer is required to prove his or her deductible expenses and the
+elements of profit attributable to factors other than the copyrighted
+work.
+
+(c) Statutory Damages.
+
+(1) Except as provided by clause (2) of this subsection, the copyright
+owner may elect, at any time before final judgment is rendered, to
+recover, instead of actual damages and profits, an award of statutory
+damages for all infringements involved in the action, with respect to
+any one work, for which any one infringer is liable individually, or for
+which any two or more infringers are liable jointly and severally, in a
+sum of not less than $750 or more than $30,000 as the court considers
+just. For the purposes of this subsection, all the parts of a
+compilation or derivative work constitute one work.
+
+(2) In a case where the copyright owner sustains the burden of proving,
+and the court finds, that infringement was committed willfully, the
+court in its discretion may increase the award of statutory damages to a
+sum of not more than $150,000. In a case where the infringer sustains
+the burden of proving, and the court finds, that such infringer was not
+aware and had no reason to believe that his or her acts constituted an
+infringement of copyright, the court in its discretion may reduce the
+award of statutory damages to a sum of not less than $200. The court
+shall remit statutory damages in any case where an infringer believed
+and had reasonable grounds for believing that his or her use of the
+copyrighted work was a fair use under section 107, if the infringer was:
+(i) an employee or agent of a nonprofit educational institution,
+library, or archives acting within the scope of his or her employment
+who, or such institution, library, or archives itself, which infringed
+by reproducing the work in copies or phonorecords; or (ii) a public
+broadcasting entity which or a person who, as a regular part of the
+nonprofit activities of a public broadcasting entity (as defined in
+subsection (g) of section 118) infringed by performing a published
+nondramatic literary work or by reproducing a transmission program
+embodying a performance of such a work.
+
+(d) Additional Damages in Certain Cases.  In any case in which the court
+finds that a defendant proprietor of an establishment who claims as a
+defense that its activities were exempt under section 110(5) did not
+have reasonable grounds to believe that its use of a copyrighted work
+was exempt under such section, the plaintiff shall be entitled to, in
+addition to any award of damages under this section, an additional award
+of two times the amount of the license fee that the proprietor of the
+establishment concerned should have paid the plaintiff for such use
+during the preceding period of up to 3 years.
+
+
+Section 505. Remedies for infringement: Costs and attorney's fees
+
+In any civil action under this title, the court in its discretion may
+allow the recovery of full costs by or against any party other than the
+United States or an officer thereof. Except as otherwise provided by
+this title, the court may also award a reasonable attorney's fee to the
+prevailing party as part of the costs.
+
+
+Section 506. Criminal offenses [5]
+
+(a) Criminal Infringement.  Any person who infringes a copyright
+willfully either
+
+(1) for purposes of commercial advantage or private financial gain, or
+
+(2) by the reproduction or distribution, including by electronic means,
+during any 180-day period, of 1 or more copies or phonorecords of 1 or
+more copyrighted works, which have a total retail value of more than
+$1,000,
+
+shall be punished as provided under section 2319 of title 18, United
+States Code. For purposes of this subsection, evidence of reproduction
+or distribution of a copyrighted work, by itself, shall not be
+sufficient to establish willful infringement.
+
+(b) Forfeiture and Destruction.  When any person is convicted of any
+violation of subsection (a), the court in its judgment of conviction
+shall, in addition to the penalty therein prescribed, order the
+forfeiture and destruction or other disposition of all infringing copies
+or phonorecords and all implements, devices, or equipment used in the
+manufacture of such infringing copies or phonorecords.
+
+(c) Fraudulent Copyright Notice.  Any person who, with fraudulent intent,
+places on any article a notice of copyright or words of the same purport
+that such person knows to be false, or who, with fraudulent intent,
+publicly distributes or imports for public distribution any article
+bearing such notice or words that such person knows to be false, shall
+be fined not more than $2,500.
+
+(d) Fraudulent Removal of Copyright Notice.  Any person who, with
+fraudulent intent, removes or alters any notice of copyright appearing
+on a copy of a copyrighted work shall be fined not more than $2,500.
+
+(e) False Representation.  Any person who knowingly makes a false
+representation of a material fact in the application for copyright
+registration provided for by section 409, or in any written statement
+filed in connection with the application, shall be fined not more than
+$2,500.
+
+(f) Rights of Attribution and Integrity.  Nothing in this section applies
+to infringement of the rights conferred by section 106A(a).
+
+
+Section 507. Limitations on actions [6]
+
+(a) Criminal Proceedings.  Except as expressly provided otherwise in this
+title, no criminal proceeding shall be maintained under the provisions
+of this title unless it is commenced within 5 years after the cause of
+action arose.
+
+(b) Civil Actions.  No civil action shall be maintained under the
+provisions of this title unless it is commenced within three years after
+the claim accrued.
+
+
+Section 508. Notification of filing and determination of actions
+
+(a) Within one month after the filing of any action under this title,
+the clerks of the courts of the United States shall send written
+notification to the Register of Copyrights setting forth, as far as is
+shown by the papers filed in the court, the names and addresses of the
+parties and the title, author, and registration number of each work
+involved in the action. If any other copyrighted work is later included
+in the action by amendment, answer, or other pleading, the clerk shall
+also send a notification concerning it to the Register within one month
+after the pleading is filed.
+
+(b) Within one month after any final order or judgment is issued in the
+case, the clerk of the court shall notify the Register of it, sending
+with the notification a copy of the order or judgment together with the
+written opinion, if any, of the court.
+
+(c) Upon receiving the notifications specified in this section, the
+Register shall make them a part of the public records of the Copyright
+Office.
+
+
+Section 509. Seizure and forfeiture
+
+(a) All copies or phonorecords manufactured, reproduced, distributed,
+sold, or otherwise used, intended for use, or possessed with intent to
+use in violation of section 506 (a), and all plates, molds, matrices,
+masters, tapes, film negatives, or other articles by means of which such
+copies or phonorecords may be reproduced, and all electronic,
+mechanical, or other devices for manufacturing, reproducing, or
+assembling such copies or phonorecords may be seized and forfeited to
+the United States.
+
+(b) The applicable procedures relating to
+
+(i) the seizure, summary and judicial forfeiture, and condemnation of
+vessels, vehicles, merchandise, and baggage for violations of the
+customs laws contained in title 19,
+
+(ii) the disposition of such vessels, vehicles, merchandise, and baggage
+or the proceeds from the sale thereof,
+
+(iii) the remission or mitigation of such forfeiture,
+
+(iv) the compromise of claims, and
+
+(v) the award of compensation to informers in respect of such
+forfeitures, shall apply to seizures and forfeitures incurred, or
+alleged to have been incurred, under the provisions of this section,
+insofar as applicable and not inconsistent with the provisions of this
+section; except that such duties as are imposed upon any officer or
+employee of the Treasury Department or any other person with respect to
+the seizure and forfeiture of vessels, vehicles, merchandise, and
+baggage under the provisions of the customs laws contained in title 19
+shall be performed with respect to seizure and forfeiture of all
+articles described in subsection (a) by such officers, agents, or other
+persons as may be authorized or designated for that purpose by the
+Attorney General.
+
+
+Section 510. Remedies for alteration of programming by cable systems [7]
+
+(a) In any action filed pursuant to section 111(c)(3), the following
+remedies shall be available:
+
+(1) Where an action is brought by a party identified in subsections (b)
+or (c) of section 501, the remedies provided by sections 502 through
+505, and the remedy provided by subsection (b) of this section; and
+
+(2) When an action is brought by a party identified in subsection (d) of
+section 501, the remedies provided by sections 502 and 505, together
+with any actual damages suffered by such party as a result of the
+infringement, and the remedy provided by subsection (b) of this section.
+
+(b) In any action filed pursuant to section 111(c)(3), the court may
+decree that, for a period not to exceed thirty days, the cable system
+shall be deprived of the benefit of a statutory license for one or more
+distant signals carried by such cable system.
+
+
+Section 511. Liability of States, instrumentalities of States, and State
+officials for infringement of copyright [8]
+
+(a) In General.  Any State, any instrumentality of a State, and any
+officer or employee of a State or instrumentality of a State acting in
+his or her official capacity, shall not be immune, under the Eleventh
+Amendment of the Constitution of the United States or under any other
+doctrine of sovereign immunity, from suit in Federal Court by any
+person, including any governmental or nongovernmental entity, for a
+violation of any of the exclusive rights of a copyright owner provided
+by sections 106 through 121, for importing copies of phonorecords in
+violation of section 602, or for any other violation under this title.
+
+(b) Remedies.  In a suit described in subsection (a) for a violation
+described in that subsection, remedies (including remedies both at law
+and in equity) are available for the violation to the same extent as
+such remedies are available for such a violation in a suit against any
+public or private entity other than a State, instrumentality of a State,
+or officer or employee of a State acting in his or her official
+capacity. Such remedies include impounding and disposition of infringing
+articles under section 503, actual damages and profits and statutory
+damages under section 504, costs and attorney's fees under section 505,
+and the remedies provided in section 510.
+
+
+Section 512. Limitations on liability relating to material online [9]
+
+(a) Transitory Digital Network Communications.  A service provider shall
+not be liable for monetary relief, or, except as provided in subsection
+(j), for injunctive or other equitable relief, for infringement of
+copyright by reason of the provider's transmitting, routing, or
+providing connections for, material through a system or network
+controlled or operated by or for the service provider, or by reason of
+the intermediate and transient storage of that material in the course of
+such transmitting, routing, or providing connections, if-
+
+(1) the transmission of the material was initiated by or at the
+direction of a person other than the service provider;
+
+(2) the transmission, routing, provision of connections, or storage is
+carried out through an automatic technical process without selection of
+the material by the service provider;
+
+(3) the service provider does not select the recipients of the material
+except as an automatic response to the request of another person;
+
+(4) no copy of the material made by the service provider in the course
+of such intermediate or transient storage is maintained on the system or
+network in a manner ordinarily accessible to anyone other than
+anticipated recipients, and no such copy is maintained on the system or
+network in a manner ordinarily accessible to such anticipated recipients
+for a longer period than is reasonably necessary for the transmission,
+routing, or provision of connections; and
+
+(5) the material is transmitted through the system or network without
+modification of its content.
+
+(b) System Caching.
+
+(1) Limitation on Liability.  A service provider shall not be liable for
+monetary relief, or, except as provided in subsection (j), for
+injunctive or other equitable relief, for infringement of copyright by
+reason of the intermediate and temporary storage of material on a system
+or network controlled or operated by or for the service provider in a
+case in which-
+
+(A) the material is made available online by a person other than the
+service provider;
+
+(B) the material is transmitted from the person described in
+subparagraph (A) through the system or network to a person other than
+the person described in subparagraph (A) at the direction of that other
+person; and
+
+(C) the storage is carried out through an automatic technical process
+for the purpose of making the material available to users of the system
+or network who, after the material is transmitted as described in
+subparagraph (B), request access to the material from the person
+described in subparagraph (A), if the conditions set forth in paragraph
+(2) are met.
+
+(2) Conditions.  The conditions referred to in paragraph (1) are that-
+
+(A) the material described in paragraph (1) is transmitted to the
+subsequent users described in paragraph (1)(C) without modification to
+its content from the manner in which the material was transmitted from
+the person described in paragraph (1)(A);
+
+(B) the service provider described in paragraph (1) complies with rules
+concerning the refreshing, reloading, or other updating of the material
+when specified by the person making the material available online in
+accordance with a generally accepted industry standard data
+communications protocol for the system or network through which that
+person makes the material available, except that this subparagraph
+applies only if those rules are not used by the person described in
+paragraph (1)(A) to prevent or unreasonably impair the intermediate
+storage to which this subsection applies;
+
+(C) the service provider does not interfere with the ability of
+technology associated with the material to return to the person
+described in paragraph (1)(A) the information that would have been
+available to that person if the material had been obtained by the
+subsequent users described in paragraph (1)(C) directly from that
+person, except that this subparagraph applies only if that technology-
+
+(i) does not significantly interfere with the performance of the
+provider's system or network or with the intermediate storage of the
+material;
+
+(ii) is consistent with generally accepted industry standard
+communications protocols; and
+
+(iii) does not extract information from the provider's system or network
+other than the information that would have been available to the person
+described in paragraph (1)(A) if the subsequent users had gained access
+to the material directly from that person;
+
+(D) if the person described in paragraph (1)(A) has in effect a
+condition that a person must meet prior to having access to the
+material, such as a condition based on payment of a fee or provision of
+a password or other information, the service provider permits access to
+the stored material in significant part only to users of its system or
+network that have met those conditions and only in accordance with those
+conditions; and
+
+(E) if the person described in paragraph (1)(A) makes that material
+available online without the authorization of the copyright owner of the
+material, the service provider responds expeditiously to remove, or
+disable access to, the material that is claimed to be infringing upon
+notification of claimed infringement as described in subsection (c)(3),
+except that this subparagraph applies only if-
+
+(i) the material has previously been removed from the originating site
+or access to it has been disabled, or a court has ordered that the
+material be removed from the originating site or that access to the
+material on the originating site be disabled; and
+
+(ii) the party giving the notification includes in the notification a
+statement confirming that the material has been removed from the
+originating site or access to it has been disabled or that a court has
+ordered that the material be removed from the originating site or that
+access to the material on the originating site be disabled.
+
+(c) Information Residing on Systems or Networks at Direction of Users.
+
+(1) In General.  A service provider shall not be liable for monetary
+relief, or, except as provided in subsection (j), for injunctive or
+other equitable relief, for infringement of copyright by reason of the
+storage at the direction of a user of material that resides on a system
+or network controlled or operated by or for the service provider, if the
+service provider-
+
+(A)(i) does not have actual knowledge that the material or an activity
+using the material on the system or network is infringing;
+
+(ii) in the absence of such actual knowledge, is not aware of facts or
+circumstances from which infringing activity is apparent; or
+
+(iii) upon obtaining such knowledge or awareness, acts expeditiously to
+remove, or disable access to, the material;
+
+(B) does not receive a financial benefit directly attributable to the
+infringing activity, in a case in which the service provider has the
+right and ability to control such activity; and
+
+(C) upon notification of claimed infringement as described in paragraph
+(3), responds expeditiously to remove, or disable access to, the
+material that is claimed to be infringing or to be the subject of
+infringing activity.
+
+(2) Designated Agent.  The limitations on liability established in this
+subsection apply to a service provider only if the service provider has
+designated an agent to receive notifications of claimed infringement
+described in paragraph (3), by making available through its service,
+including on its website in a location accessible to the public, and by
+providing to the Copyright Office, substantially the following
+information:
+
+(A) the name, address, phone number, and electronic mail address of the
+agent.
+
+(B) other contact information which the Register of Copyrights may deem
+appropriate.
+
+The Register of Copyrights shall maintain a current directory of agents
+available to the public for inspection, including through the Internet,
+in both electronic and hard copy formats, and may require payment of a
+fee by service providers to cover the costs of maintaining the
+directory.
+
+(3) Elements of Notification.
+
+(A) To be effective under this subsection, a notification of claimed
+infringement must be a written communication provided to the designated
+agent of a service provider that includes substantially the following:
+
+(i) A physical or electronic signature of a person authorized to act on
+behalf of the owner of an exclusive right that is allegedly infringed.
+
+(ii) Identification of the copyrighted work claimed to have been
+infringed, or, if multiple copyrighted works at a single online site are
+covered by a single notification, a representative list of such works at
+that site.
+
+(iii) Identification of the material that is claimed to be infringing or
+to be the subject of infringing activity and that is to be removed or
+access to which is to be disabled, and information reasonably sufficient
+to permit the service provider to locate the material.
+
+(iv) Information reasonably sufficient to permit the service provider to
+contact the complaining party, such as an address, telephone number,
+and, if available, an electronic mail address at which the complaining
+party may be contacted.
+
+(v) A statement that the complaining party has a good faith belief that
+use of the material in the manner complained of is not authorized by the
+copyright owner, its agent, or the law.
+
+(vi) A statement that the information in the notification is accurate,
+and under penalty of perjury, that the complaining party is authorized
+to act on behalf of the owner of an exclusive right that is allegedly
+infringed.
+
+(B)(i) Subject to clause (ii), a notification from a copyright owner or
+from a person authorized to act on behalf of the copyright owner that
+fails to comply substantially with the provisions of subparagraph (A)
+shall not be considered under paragraph (1)(A) in determining whether a
+service provider has actual knowledge or is aware of facts or
+circumstances from which infringing activity is apparent.
+
+(ii) In a case in which the notification that is provided to the service
+provider's designated agent fails to comply substantially with all the
+provisions of subparagraph (A) but substantially complies with clauses
+(ii), (iii), and (iv) of subparagraph (A), clause (i) of this
+subparagraph applies only if the service provider promptly attempts to
+contact the person making the notification or takes other reasonable
+steps to assist in the receipt of notification that substantially
+complies with all the provisions of subparagraph (A).
+
+(d) Information Location Tools.  A service provider shall not be liable
+for monetary relief, or, except as provided in subsection (j), for
+injunctive or other equitable relief, for infringement of copyright by
+reason of the provider referring or linking users to an online location
+containing infringing material or infringing activity, by using
+information location tools, including a directory, index, reference,
+pointer, or hypertext link, if the service provider-
+
+(1)(A) does not have actual knowledge that the material or activity is
+infringing;
+
+(B) in the absence of such actual knowledge, is not aware of facts or
+circumstances from which infringing activity is apparent; or
+
+(C) upon obtaining such knowledge or awareness, acts expeditiously to
+remove, or disable access to, the material;
+
+(2) does not receive a financial benefit directly attributable to the
+infringing activity, in a case in which the service provider has the
+right and ability to control such activity; and
+
+(3) upon notification of claimed infringement as described in subsection
+(c)(3), responds expeditiously to remove, or disable access to, the
+material that is claimed to be infringing or to be the subject of
+infringing activity, except that, for purposes of this paragraph, the
+information described in subsection (c)(3)(A)(iii) shall be
+identification of the reference or link, to material or activity claimed
+to be infringing, that is to be removed or access to which is to be
+disabled, and information reasonably sufficient to permit the service
+provider to locate that reference or link.
+
+(e) Limitation on Liability of Nonprofit Educational Institutions.   (1)
+When a public or other nonprofit institution of higher education is a
+service provider, and when a faculty member or graduate student who is
+an employee of such institution is performing a teaching or research
+function, for the purposes of subsections (a) and (b) such faculty
+member or graduate student shall be considered to be a person other than
+the institution, and for the purposes of subsections (c) and (d) such
+faculty member's or graduate student's knowledge or awareness of his or
+her infringing activities shall not be attributed to the institution,
+if-
+
+(A) such faculty member's or graduate student's infringing activities do
+not involve the provision of online access to instructional materials
+that are or were required or recommended, within the preceding 3-year
+period, for a course taught at the institution by such faculty member or
+graduate student;
+
+(B) the institution has not, within the preceding 3-year period,
+received more than 2 notifications described in subsection (c)(3) of
+claimed infringement by such faculty member or graduate student, and
+such notifications of claimed infringement were not actionable under
+subsection (f); and
+
+(C) the institution provides to all users of its system or network
+informational materials that accurately describe, and promote compliance
+with, the laws of the United States relating to copyright.
+
+(2) For the purposes of this subsection, the limitations on injunctive
+relief contained in subsections (j)(2) and (j)(3), but not those in (j)
+(1), shall apply.
+
+(f) Misrepresentations.  Any person who knowingly materially
+misrepresents under this section-
+
+(1) that material or activity is infringing, or
+
+(2) that material or activity was removed or disabled by mistake or
+misidentification,
+
+shall be liable for any damages, including costs and attorneys' fees,
+incurred by the alleged infringer, by any copyright owner or copyright
+owner's authorized licensee, or by a service provider, who is injured by
+such misrepresentation, as the result of the service provider relying
+upon such misrepresentation in removing or disabling access to the
+material or activity claimed to be infringing, or in replacing the
+removed material or ceasing to disable access to it.
+
+(g) Replacement of Removed or Disabled Material and Limitation on Other
+Liability.
+
+(1) No Liability for Taking Down Generally.  Subject to paragraph (2), a
+service provider shall not be liable to any person for any claim based
+on the service provider's good faith disabling of access to, or removal
+of, material or activity claimed to be infringing or based on facts or
+circumstances from which infringing activity is apparent, regardless of
+whether the material or activity is ultimately determined to be
+infringing.
+
+(2) Exception.  Paragraph (1) shall not apply with respect to material
+residing at the direction of a subscriber of the service provider on a
+system or network controlled or operated by or for the service provider
+that is removed, or to which access is disabled by the service provider,
+pursuant to a notice provided under subsection (c)(1)(C), unless the
+service provider-
+
+(A) takes reasonable steps promptly to notify the subscriber that it has
+removed or disabled access to the material;
+
+(B) upon receipt of a counter notification described in paragraph (3),
+promptly provides the person who provided the notification under
+subsection (c)(1)(C) with a copy of the counter notification, and
+informs that person that it will re-place the removed material or cease
+disabling access to it in 10 business days; and
+
+(C) replaces the removed material and ceases disabling access to it not
+less than 10, nor more than 14, business days following receipt of the
+counter notice, unless its designated agent first receives notice from
+the person who submitted the notification under subsection (c)(1)(C)
+that such person has filed an action seeking a court order to restrain
+the subscriber from engaging in infringing activity relating to the
+material on the service provider's system or network.
+
+(3) Contents of Counter Notification.  To be effective under this
+subsection, a counter notification must be a written communication
+provided to the service provider's designated agent that includes
+substantially the following:
+
+(A) A physical or electronic signature of the subscriber.
+
+(B) Identification of the material that has been removed or to which
+access has been disabled and the location at which the material appeared
+before it was removed or access to it was disabled.
+
+(C) A statement under penalty of perjury that the subscriber has a good
+faith belief that the material was removed or disabled as a result of
+mistake or misidentification of the material to be removed or disabled.
+
+(D) The subscriber's name, address, and telephone number, and a
+statement that the subscriber consents to the jurisdiction of Federal
+District Court for the judicial district in which the address is
+located, or if the subscriber's address is outside of the United States,
+for any judicial district in which the service provider may be found,
+and that the subscriber will accept service of process from the person
+who provided notification under subsection (c)(1)(C) or an agent of such
+person.
+
+(4) Limitation on Other Liability.  A service provider's compliance with
+paragraph (2) shall not subject the service provider to liability for
+copyright infringement with respect to the material identified in the
+notice provided under subsection (c)(1)(C).
+
+(h) Subpoena to Identify Infringer.
+
+(1) Request.  A copyright owner or a person authorized to act on the
+owner's behalf may request the clerk of any United States district court
+to issue a subpoena to a service provider for identification of an
+alleged infringer in accordance with this subsection.
+
+(2) Contents of Request.  The request may be made by filing with the
+clerk-
+
+(A) a copy of a notification described in subsection (c)(3)(A);
+
+(B) a proposed subpoena; and
+
+(C) a sworn declaration to the effect that the purpose for which the
+subpoena is sought is to obtain the identity of an alleged infringer and
+that such information will only be used for the purpose of protecting
+rights under this title.
+
+(3) Contents of Subpoena.  The subpoena shall authorize and order the
+service provider receiving the notification and the subpoena to
+expeditiously disclose to the copyright owner or person authorized by
+the copyright owner information sufficient to identify the alleged
+infringer of the material described in the notification to the extent
+such information is available to the service provider.
+
+(4) Basis for Granting Subpoena.  If the notification filed satisfies the
+provisions of subsection (c)(3)(A), the proposed subpoena is in proper
+form, and the accompanying declaration is properly executed, the clerk
+shall expeditiously issue and sign the proposed subpoena and return it
+to the requester for delivery to the service provider.
+
+(5) Actions of Service Provider Receiving Subpoena.   Upon receipt of the
+issued subpoena, either accompanying or subsequent to the receipt of a
+notification described in subsection (c)(3)(A), the service provider
+shall expeditiously disclose to the copyright owner or person authorized
+by the copyright owner the information required by the subpoena,
+notwithstanding any other provision of law and regardless of whether the
+service provider responds to the notification.
+
+(6) Rules Applicable to Subpoena.  Unless otherwise provided by this
+section or by applicable rules of the court, the procedure for issuance
+and delivery of the subpoena, and the remedies for noncompliance with
+the subpoena, shall be governed to the greatest extent practicable by
+those provisions of the Federal Rules of Civil Procedure governing the
+issuance, service, and enforcement of a subpoena duces tecum.
+
+(i) Conditions for Eligibility.
+
+(1) Accommodation of Technology.  The limitations on liability
+established by this section shall apply to a service provider only if
+the service provider-
+
+(A) has adopted and reasonably implemented, and informs subscribers and
+account holders of the service provider's system or network of, a policy
+that provides for the termination in appropriate circumstances of
+subscribers and account holders of the service provider's system or
+network who are repeat infringers; and
+
+(B) accommodates and does not interfere with standard technical
+measures.
+
+(2) Definition.  As used in this subsection, the term "standard technical
+measures" means technical measures that are used by copyright owners to
+identify or protect copyrighted works and-
+
+(A) have been developed pursuant to a broad consensus of copyright
+owners and service providers in an open, fair, voluntary, multi-industry
+standards process;
+
+(B) are available to any person on reasonable and nondiscriminatory
+terms; and
+
+(C) do not impose substantial costs on service providers or substantial
+burdens on their systems or networks.
+
+(j) Injunctions.  The following rules shall apply in the case of any
+application for an injunction under section 502 against a service
+provider that is not subject to monetary remedies under this section:
+
+(1) Scope of Relief.  (A) With respect to conduct other than that which
+qualifies for the limitation on remedies set forth in subsection (a),
+the court may grant injunctive relief with respect to a service provider
+only in one or more of the following forms:
+
+(i) An order restraining the service provider from providing access to
+infringing material or activity residing at a particular online site on
+the provider's system or network.
+
+(ii) An order restraining the service provider from providing access to
+a subscriber or account holder of the service provider's system or
+network who is engaging in infringing activity and is identified in the
+order, by terminating the accounts of the subscriber or account holder
+that are specified in the order.
+
+(iii) Such other injunctive relief as the court may consider necessary
+to prevent or restrain infringement of copyrighted material specified in
+the order of the court at a particular online location, if such relief
+is the least burdensome to the service provider among the forms of
+relief comparably effective for that purpose.
+
+(B) If the service provider qualifies for the limitation on remedies
+described in subsection (a), the court may only grant injunctive relief
+in one or both of the following forms:
+
+(i) An order restraining the service provider from providing access to a
+subscriber or account holder of the service provider's system or network
+who is using the provider's service to engage in infringing activity and
+is identified in the order, by terminating the accounts of the
+subscriber or account holder that are specified in the order.
+
+(ii) An order restraining the service provider from providing access, by
+taking reasonable steps specified in the order to block access, to a
+specific, identified, online location outside the United States.
+
+(2) Considerations.  The court, in considering the relevant criteria for
+injunctive relief under applicable law, shall consider-
+
+(A) whether such an injunction, either alone or in combination with
+other such injunctions issued against the same service provider under
+this subsection, would significantly burden either the provider or the
+operation of the provider's system or network;
+
+(B) the magnitude of the harm likely to be suffered by the copyright
+owner in the digital network environment if steps are not taken to
+prevent or restrain the infringement;
+
+(C) whether implementation of such an injunction would be technically
+feasible and effective, and would not interfere with access to
+noninfringing material at other online locations; and
+
+(D) whether other less burdensome and comparably effective means of
+preventing or restraining access to the infringing material are
+available.
+
+(3) Notice and Ex Parte Orders.  Injunctive relief under this subsection
+shall be available only after notice to the service provider and an
+opportunity for the service provider to appear are provided, except for
+orders ensuring the preservation of evidence or other orders having no
+material adverse effect on the operation of the service provider's
+communications network.
+
+(k) Definitions.
+
+(1) Service Provider.  (A) As used in subsection (a), the term "service
+provider" means an entity offering the transmission, routing, or
+providing of connections for digital online communications, between or
+among points specified by a user, of material of the user's choosing,
+without modification to the content of the material as sent or received.
+
+(B) As used in this section, other than subsection (a), the term
+"service provider" means a provider of online services or network
+access, or the operator of facilities therefor, and includes an entity
+described in subparagraph (A).
+
+(2) Monetary Relief.  As used in this section, the term "monetary relief"
+means damages, costs, attorneys' fees, and any other form of monetary
+payment.
+
+(l) Other Defenses Not Affected.  The failure of a service provider's
+conduct to qualify for limitation of liability under this section shall
+not bear adversely upon the consideration of a defense by the service
+provider that the service provider's conduct is not infringing under
+this title or any other defense.
+
+(m) Protection of Privacy.  Nothing in this section shall be construed to
+condition the applicability of subsections (a) through (d) on-
+
+(1) a service provider monitoring its service or affirmatively seeking
+facts indicating infringing activity, except to the extent consistent
+with a standard technical measure complying with the provisions of
+subsection (i); or
+
+(2) a service provider gaining access to, removing, or disabling access
+to material in cases in which such conduct is prohibited by law.
+
+(n) Construction.  Subsections (a), (b), (c), and (d) describe separate
+and distinct functions for purposes of applying this section. Whether a
+service provider qualifies for the limitation on liability in any one of
+those subsections shall be based solely on the criteria in that
+subsection, and shall not affect a determination of whether that service
+provider qualifies for the limitations on liability under any other such
+subsection.
+
+
+Section 513. Determination of reasonable license fees for individual
+proprietors [10]
+
+In the case of any performing rights society subject to a consent decree
+which provides for the determination of reasonable license rates or fees
+to be charged by the performing rights society, notwithstanding the
+provisions of that consent decree, an individual proprietor who owns or
+operates fewer than 7 non-publicly traded establishments in which
+nondramatic musical works are performed publicly and who claims that any
+license agreement offered by that performing rights society is
+unreasonable in its license rate or fee as to that individual
+proprietor, shall be entitled to determination of a reasonable license
+rate or fee as follows:
+
+(1) The individual proprietor may commence such proceeding for
+determination of a reasonable license rate or fee by filing an
+application in the applicable district court under paragraph (2) that a
+rate disagreement exists and by serving a copy of the application on the
+performing rights society. Such proceeding shall commence in the
+applicable district court within 90 days after the service of such copy,
+except that such 90-day requirement shall be subject to the
+administrative requirements of the court.
+
+(2) The proceeding under paragraph (1) shall be held, at the individual
+proprietor's election, in the judicial district of the district court
+with jurisdiction over the applicable consent decree or in that place of
+holding court of a district court that is the seat of the Federal
+circuit (other than the Court of Appeals for the Federal Circuit) in
+which the proprietor's establishment is located.
+
+(3) Such proceeding shall be held before the judge of the court with
+jurisdiction over the consent decree governing the performing rights
+society. At the discretion of the court, the proceeding shall be held
+before a special master or magistrate judge appointed by such judge.
+Should that consent decree provide for the appointment of an advisor or
+advisors to the court for any purpose, any such advisor shall be the
+special master so named by the court.
+
+(4) In any such proceeding, the industry rate shall be presumed to have
+been reasonable at the time it was agreed to or determined by the court.
+Such presumption shall in no way affect a determination of whether the
+rate is being correctly applied to the individual proprietor.
+
+(5) Pending the completion of such proceeding, the individual proprietor
+shall have the right to perform publicly the copyrighted musical
+compositions in the repertoire of the performing rights society by
+paying an interim license rate or fee into an interest bearing escrow
+account with the clerk of the court, subject to retroactive adjustment
+when a final rate or fee has been determined, in an amount equal to the
+industry rate, or, in the absence of an industry rate, the amount of the
+most recent license rate or fee agreed to by the parties.
+
+(6) Any decision rendered in such proceeding by a special master or
+magistrate judge named under paragraph (3) shall be reviewed by the
+judge of the court with jurisdiction over the consent decree governing
+the performing rights society. Such proceeding, including such review,
+shall be concluded within 6 months after its commencement.
+
+(7) Any such final determination shall be binding only as to the
+individual proprietor commencing the proceeding, and shall not be
+applicable to any other proprietor or any other performing rights
+society, and the performing rights society shall be relieved of any
+obligation of nondiscrimination among similarly situated music users
+that may be imposed by the consent decree governing its operations.
+
+(8) An individual proprietor may not bring more than one proceeding
+provided for in this section for the determination of a reasonable
+license rate or fee under any license agreement with respect to any one
+performing rights society.
+
+(9) For purposes of this section, the term "industry rate" means the
+license fee a performing rights society has agreed to with, or which has
+been determined by the court for, a significant segment of the music
+user industry to which the individual proprietor belongs.
+
+------------------
+Chapter 5 Endnotes
+
+1  Concerning the liability of the United States Government for
+copyright infringement, see 28 U.S.C. 1498. Title 28 of the *United
+States Code* is entitled "Judiciary and Judicial Procedure."
+
+2  In 1998, two sections 512 were enacted into law. On October 17, 1998,
+the Fairness in Music Licensing Act of 1998 was enacted. This Act
+amended chapter five to add section 512 entitled "Determination of
+reasonable license fees for individual proprietors." Pub. L. No.
+105-298, 112 Stat. 2827, 2831. On October 28, 1998, the Online Copyright
+Infringement Liability Limitation Act was enacted. This Act amended
+chapter five to add section 512 entitled "Limitations on liability
+relating to material online." Pub. L. No. 105-304, 112 Stat. 2860, 2877.
+In 1999, a technical correction was enacted to redesignate the section
+512 that was entitled "Determination of reasonable license fees for
+individual proprietors" as section 513. Also, the table of sections was
+amended to reflect that change. Pub. L. No. 106-44, 113 Stat. 221. See
+also endnote 10*, infra.*
+
+3  The Berne Convention Implementation Act of 1988 amended section
+501(b) by striking out "sections 205(d) and 411" and inserting in lieu
+thereof "section 411." Pub. L. No. 100-568, 102 Stat. 2853, 2860. The
+Satellite Home Viewer Act of 1988 amended section 501 by adding
+subsection (e). Pub. L. No. 100-667, 102 Stat. 3935, 3957.
+
+In 1990, the Copyright Remedy Clarification Act amended section 501(a)
+by adding the last two sentences. Pub. L. No. 101-553, 104 Stat. 2749.
+The Visual Artists Rights Act of 1990 also amended section 501(a) as
+follows: 1) by inserting "or of the author as provided in section
+106A(a)" after "118" and 2) by striking out "copyright." and inserting
+in lieu thereof "copyright or right of the author, as the case may be.
+For purposes of this chapter (other than section 506), any reference to
+copyright shall be deemed to include the rights conferred by section
+106A(a)." Pub. L. No. 101-650, 104 Stat. 5089, 5131.
+
+In 1999, a technical correction amended the first sentence in subsection
+501(a) by inserting "121" in lieu of "118." Pub. L. No. 106-44, 113
+Stat. 221, 222. The Satellite Home Viewer Improvement Act of 1999
+amended section 501 by adding a subsection (f) and, in subsection (e),
+by inserting "performance or display of a work embodied in a primary
+transmission" in lieu of "primary transmission embodying the performance
+or display of a work." Pub. L. No. 106-113, 113 Stat. 1501, app. I at
+1501A-527 and 544. The Satellite Home Viewer Improvement Act of 1999
+states that section 501(f) shall be effective as of July 1, 1999. Pub.
+L. No. 106-113, 113 Stat. 1501, app. I at 1501A-544.
+
+4  The Berne Convention Implementation Act of 1988 amended section
+504(c) as follows: 1) in paragraph (1), by inserting "$500" in lieu of
+"$250" and by inserting "$20,000" in lieu of "$10,000" and 2) in
+paragraph (2), by inserting "$100,000" in lieu of "$50,000" and by
+inserting "$200" in lieu of "$100." Pub. L. No. 100-568, 102 Stat. 2853,
+2860. The Digital Theft Deterrence and Copyright Damages Improvement Act
+of 1999 amended section 504(c), in paragraph (1), by substituting "$750"
+for "$500" and "$30,000" for "$20,000" and, in paragraph (2), by
+substituting "$150,000" for "$100,000." Pub. L. No. 106-160, 113 Stat.
+1774.
+
+5  The Piracy and Counterfeiting Amendments Act of 1982 amended section
+506 by substituting a new subsection(a). Pub. L. No. 97-180, 96 Stat.
+91, 93. The Visual Artists Rights Act of 1990 amended section 506 by
+adding subsection (f). Pub. L. No.101-650, 104 Stat. 5089, 5131. In
+1997, the No Electronic Theft (NET) Act again amended section 506 by
+amending subsection (a) in its entirety. Pub. L. No. 105-147, 111 Stat.
+2678. That Act also directed the United States Sentencing Commission to
+"ensure that the applicable guideline range for a defendant convicted of
+a crime against intellectual property . . . is sufficiently stringent to
+deter such a crime" and to "ensure that the guidelines provide for
+consideration of the retail value and quantity of the items with respect
+to which the crime against intellectual property was committed." Pub. L.
+No. 105-147, 111 Stat. 2678, 2680. See also endnote 2 in Part VII of the
+Appendix.
+
+6  In 1997, the No Electronic Theft (NET) Act amended section 507(a) by
+inserting "5" in lieu of "three." Pub. L. No. 105-147, 111 Stat. 2678.
+
+7  The Satellite Home Viewer Improvement Act of 1999 amended the heading
+for section 510 by substituting "programming" for "programing" and, in
+subsection (b), by substituting "statutory" for "compulsory." Pub. L.
+No. 106-113, 113 Stat. 1501, app. I at 1501A-543.
+
+8  In 1990, the Copyright Remedy Clarification Act added section 511.
+Pub. L. No. 101-553, 104 Stat. 2749. In 1999, a technical correction
+amended subsection 511(a) by inserting "121" in lieu of "119." Pub. L.
+No. 106-44, 113 Stat. 221, 222.
+
+9  In 1998, the Online Copyright Infringement Liability Limitation Act
+added section 512. Pub. L. No. 105-304, 112 Stat. 2860, 2877. In 1999, a
+technical correction deleted the heading for paragraph (2) of section
+512(e), which was "Injunctions." Pub. L. No. 106-44, 113 Stat. 221, 222.
+
+10  The Fairness in Music Licensing Act of 1998 added section 513. Pub.
+L. No. 105-298, 112 Stat. 2827, 2831. This section was originally
+designated as section 512. However, because two sections 512 had been
+enacted into law in 1998, a technical amendment redesignated this as
+section 513. Pub. L. No. 106-44, 113 Stat. 221. See also endnote 2*,
+supra.*
+
+------------------------------------------------------------------------
+
+Chapter 6
+
+Manufacturing Requirements and Importation
+
+  + 601. Manufacture, importation, and public distribution of certain
+         copies
+  + 602. Infringing importation of copies or phonorecords
+  + 603. Importation prohibitions: Enforcement and disposition of
+         excluded articles
+
+
+Section 601. Manufacture, importation, and public distribution of certain
+copies [1]
+
+(a) Prior to July 1, 1986, and except as provided by subsection (b), the
+importation into or public distribution in the United States of copies
+of a work consisting preponderantly of nondramatic literary material
+that is in the English language and is protected under this title is
+prohibited unless the portions consisting of such material have been
+manufactured in the United States or Canada.
+
+(b) The provisions of subsection (a) do not apply-
+
+(1) where, on the date when importation is sought or public distribution
+in the United States is made, the author of any substantial part of such
+material is neither a national nor a domiciliary of the United States
+or, if such author is a national of the United States, he or she has
+been domiciled outside the United States for a continuous period of at
+least one year immediately preceding that date; in the case of a work
+made for hire, the exemption provided by this clause does not apply
+unless a substantial part of the work was prepared for an employer or
+other person who is not a national or domiciliary of the United States
+or a domestic corporation or enterprise;
+
+(2) where the United States Customs Service is presented with an import
+statement issued under the seal of the Copyright Office, in which case a
+total of no more than two thousand copies of any one such work shall be
+allowed entry; the import statement shall be issued upon request to the
+copyright owner or to a person designated by such owner at the time of
+registration for the work under section 408 or at any time thereafter;
+
+(3) where importation is sought under the authority or for the use,
+other than in schools, of the Government of the United States or of any
+State or political subdivision of a State;
+
+(4) where importation, for use and not for sale, is sought-
+
+(A) by any person with respect to no more than one copy of any work at
+any one time;
+
+(B) by any person arriving from outside the United States, with respect
+to copies forming part of such person's personal baggage; or
+
+(C) by an organization operated for scholarly, educational, or religious
+purposes and not for private gain, with respect to copies intended to
+form a part of its library;
+
+(5) where the copies are reproduced in raised characters for the use of
+the blind; or
+
+(6) where, in addition to copies imported under clauses (3) and (4) of
+this subsection, no more than two thousand copies of any one such work,
+which have not been manufactured in the United States or Canada, are
+publicly distributed in the United States; or
+
+(7) where, on the date when importation is sought or public distribution
+in the United States is made-
+
+(A) the author of any substantial part of such material is an individual
+and receives compensation for the transfer or license of the right to
+distribute the work in the United States; and
+
+(B) the first publication of the work has previously taken place outside
+the United States under a transfer or license granted by such author to
+a transferee or licensee who was not a national or domiciliary of the
+United States or a domestic corporation or enterprise; and
+
+(C) there has been no publication of an authorized edition of the work
+of which the copies were manufactured in the United States; and
+
+(D) the copies were reproduced under a transfer or license granted by
+such author or by the transferee or licensee of the right of first
+publication as mentioned in subclause (B), and the transferee or the
+licensee of the right of reproduction was not a national or domiciliary
+of the United States or a domestic corporation or enterprise.
+
+(c) The requirement of this section that copies be manufactured in the
+United States or Canada is satisfied if-
+
+(1) in the case where the copies are printed directly from type that has
+been set, or directly from plates made from such type, the setting of
+the type and the making of the plates have been performed in the United
+States or Canada; or
+
+(2) in the case where the making of plates by a lithographic or
+photoengraving process is a final or intermediate step preceding the
+printing of the copies, the making of the plates has been performed in
+the United States or Canada; and
+
+(3) in any case, the printing or other final process of producing
+multiple copies and any binding of the copies have been performed in the
+United States or Canada.
+
+(d) Importation or public distribution of copies in violation of this
+section does not invalidate protection for a work under this title.
+However, in any civil action or criminal proceeding for infringement of
+the exclusive rights to reproduce and distribute copies of the work, the
+infringer has a complete defense with respect to all of the nondramatic
+literary material comprised in the work and any other parts of the work
+in which the exclusive rights to reproduce and distribute copies are
+owned by the same person who owns such exclusive rights in the
+nondramatic literary material, if the infringer proves-
+
+(1) that copies of the work have been imported into or publicly
+distributed in the United States in violation of this section by or with
+the authority of the owner of such exclusive rights; and
+
+(2) that the infringing copies were manufactured in the United States or
+Canada in accordance with the provisions of subsection (c); and
+
+(3) that the infringement was commenced before the effective date of
+registration for an authorized edition of the work, the copies of which
+have been manufactured in the United States or Canada in accordance with
+the provisions of subsection (c).
+
+(e) In any action for infringement of the exclusive rights to reproduce
+and distribute copies of a work containing material required by this
+section to be manufactured in the United States or Canada, the copyright
+owner shall set forth in the complaint the names of the persons or
+organizations who performed the processes specified by subsection (c)
+with respect to that material, and the places where those processes were
+performed.
+
+
+Section 602. Infringing importation of copies or phonorecords
+
+(a) Importation into the United States, without the authority of the
+owner of copyright under this title, of copies or phonorecords of a work
+that have been acquired outside the United States is an infringement of
+the exclusive right to distribute copies or phonorecords under section
+106, actionable under section 501. This subsection does not apply to-
+
+(1) importation of copies or phonorecords under the authority or for the
+use of the Government of the United States or of any State or political
+subdivision of a State, but not including copies or phonorecords for use
+in schools, or copies of any audiovisual work imported for purposes
+other than archival use;
+
+(2) importation, for the private use of the importer and not for
+distribution, by any person with respect to no more than one copy or
+phonorecord of any one work at any one time, or by any person arriving
+from outside the United States with respect to copies or phonorecords
+forming part of such person's personal baggage; or
+
+(3) importation by or for an organization operated for scholarly,
+educational, or religious purposes and not for private gain, with
+respect to no more than one copy of an audiovisual work solely for its
+archival purposes, and no more than five copies or phonorecords of any
+other work for its library lending or archival purposes, unless the
+importation of such copies or phonorecords is part of an activity
+consisting of systematic reproduction or distribution, engaged in by
+such organization in violation of the provisions of section 108(g)(2).
+
+(b) In a case where the making of the copies or phonorecords would have
+constituted an infringement of copyright if this title had been
+applicable, their importation is prohibited. In a case where the copies
+or phonorecords were lawfully made, the United States Customs Service
+has no authority to prevent their importation unless the provisions of
+section 601 are applicable. In either case, the Secretary of the
+Treasury is authorized to prescribe, by regulation, a procedure under
+which any person claiming an interest in the copyright in a particular
+work may, upon payment of a specified fee, be entitled to notification
+by the Customs Service of the importation of articles that appear to be
+copies or phonorecords of the work.
+
+
+Section 603. Importation prohibitions: Enforcement and disposition of
+excluded articles [2]
+
+(a) The Secretary of the Treasury and the United States Postal Service
+shall separately or jointly make regulations for the enforcement of the
+provisions of this title prohibiting importation.
+
+(b) These regulations may require, as a condition for the exclusion of
+articles under section 602-
+
+(1) that the person seeking exclusion obtain a court order enjoining
+importation of the articles; or
+
+(2) that the person seeking exclusion furnish proof, of a specified
+nature and in accordance with prescribed procedures, that the copyright
+in which such person claims an interest is valid and that the
+importation would violate the prohibition in section 602; the person
+seeking exclusion may also be required to post a surety bond for any
+injury that may result if the detention or exclusion of the articles
+proves to be unjustified.
+
+(c) Articles imported in violation of the importation prohibitions of
+this title are subject to seizure and forfeiture in the same manner as
+property imported in violation of the customs revenue laws. Forfeited
+articles shall be destroyed as directed by the Secretary of the Treasury
+or the court, as the case may be.
+
+------------------
+Chapter 6 Endnotes
+
+1  In 1982, section 601(a) was amended in the first sentence by
+substituting "1986" for "1982." Pub. L. No. 97-215, 96 Stat. 178.
+
+2  The Anticounterfeiting Consumer Protection Act of 1996 amended the
+last sentence of section 603(c) by deleting the semicolon and all text
+immediately following the words "as the case may be." Pub. L. No.
+104-153, 110 Stat. 1386, 1388.
+
+------------------------------------------------------------------------
+
+Chapter 7 [1]
+
+Copyright Office
+
+  + 701. The Copyright Office: General responsibilities and organization
+  + 702. Copyright Office regulations
+  + 703. Effective date of actions in Copyright Office
+  + 704. Retention and disposition of articles deposited in Copyright
+         Office
+  + 705. Copyright Office records:  Preparation, maintenance, public
+         inspection, and searching
+  + 706. Copies of Copyright Office records
+  + 707. Copyright Office forms and publications
+  + 708. Copyright Office fees
+  + 709. Delay in delivery caused by disruption of postal or other
+         services
+
+
+Section 701. The Copyright Office: General responsibilities and
+organization [2]
+
+(a) All administrative functions and duties under this title, except as
+otherwise specified, are the responsibility of the Register of
+Copyrights as director of the Copyright Office of the Library of
+Congress. The Register of Copyrights, together with the subordinate
+officers and employees of the Copyright Office, shall be appointed by
+the Librarian of Congress, and shall act under the Librarian's general
+direction and supervision.
+
+(b) In addition to the functions and duties set out elsewhere in this
+chapter, the Register of Copyrights shall perform the following
+functions:
+
+(1) Advise Congress on national and international issues relating to
+copyright, other matters arising under this title, and related matters.
+
+(2) Provide information and assistance to Federal departments and
+agencies and the Judiciary on national and international issues relating
+to copyright, other matters arising under this title, and related
+matters.
+
+(3) Participate in meetings of international intergovernmental
+organizations and meetings with foreign government officials relating to
+copyright, other matters arising under this title, and related matters,
+including as a member of United States delegations as authorized by the
+appropriate Executive branch authority.
+
+(4) Conduct studies and programs regarding copyright, other matters
+arising under this title, and related matters, the administration of the
+Copyright Office, or any function vested in the Copyright Office by law,
+including educational programs conducted cooperatively with foreign
+intellectual property offices and international intergovernmental
+organizations.
+
+(5) Perform such other functions as Congress may direct, or as may be
+appropriate in furtherance of the functions and duties specifically set
+forth in this title.
+
+(c) The Register of Copyrights shall adopt a seal to be used on and
+after January 1, 1978, to authenticate all certified documents issued by
+the Copyright Office.
+
+(d) The Register of Copyrights shall make an annual report to the
+Librarian of Congress of the work and accomplishments of the Copyright
+Office during the previous fiscal year. The annual report of the
+Register of Copyrights shall be published separately and as a part of
+the annual report of the Librarian of Congress.
+
+(e) Except as provided by section 706(b) and the regulations issued
+thereunder, all actions taken by the Register of Copyrights under this
+title are subject to the provisions of the Administrative Procedure Act
+of June 11, 1946, as amended (c. 324, 60 Stat. 237, title 5, United
+States Code, Chapter 5, Subchapter II and Chapter 7).
+
+(f) The Register of Copyrights shall be compensated at the rate of pay
+in effect for level III of the Executive Schedule under section 5314 of
+title 5.3 The Librarian of Congress shall establish not more than four
+positions for Associate Registers of Copyrights, in accordance with the
+recommendations of the Register of Copyrights. The Librarian shall make
+appointments to such positions after consultation with the Register of
+Copyrights. Each Associate Register of Copyrights shall be paid at a
+rate not to exceed the maximum annual rate of basic pay payable for
+GS-18 of the General Schedule under section 5332 of title 5.
+
+
+Section 702. Copyright Office regulations [4]
+
+The Register of Copyrights is authorized to establish regulations not
+inconsistent with law for the administration of the functions and duties
+made the responsibility of the Register under this title. All
+regulations established by the Register under this title are subject to
+the approval of the Librarian of Congress.
+
+
+Section 703. Effective date of actions in Copyright Office
+
+In any case in which time limits are prescribed under this title for the
+performance of an action in the Copyright Office, and in which the last
+day of the prescribed period falls on a Saturday, Sunday, holiday, or
+other nonbusiness day within the District of Columbia or the Federal
+Government, the action may be taken on the next succeeding business day,
+and is effective as of the date when the period expired.
+
+
+Section 704. Retention and disposition of articles deposited in Copyright
+Office
+
+(a) Upon their deposit in the Copyright Office under sections 407 and
+408, all copies, phonorecords, and identifying material, including those
+deposited in connection with claims that have been refused registration,
+are the property of the United States Government.
+
+(b) In the case of published works, all copies, phonorecords, and
+identifying material deposited are available to the Library of Congress
+for its collections, or for exchange or transfer to any other library.
+In the case of unpublished works, the Library is entitled, under
+regulations that the Register of Copyrights shall prescribe, to select
+any deposits for its collections or for transfer to the National
+Archives of the United States or to a Federal records center, as defined
+in section 2901 of title 44.
+
+(c) The Register of Copyrights is authorized, for specific or general
+categories of works, to make a facsimile reproduction of all or any part
+of the material deposited under section 408, and to make such
+reproduction a part of the Copyright Office records of the registration,
+before transferring such material to the Library of Congress as provided
+by subsection (b), or before destroying or otherwise disposing of such
+material as provided by subsection (d).
+
+(d) Deposits not selected by the Library under subsection (b), or
+identifying portions or reproductions of them, shall be retained under
+the control of the Copyright Office, including retention in Government
+storage facilities, for the longest period considered practicable and
+desirable by the Register of Copyrights and the Librarian of Congress.
+After that period it is within the joint discretion of the Register and
+the Librarian to order their destruction or other disposition; but, in
+the case of unpublished works, no deposit shall be knowingly or
+intentionally destroyed or otherwise disposed of during its term of
+copyright unless a facsimile reproduction of the entire deposit has been
+made a part of the Copyright Office records as provided by subsection
+(c).
+
+(e) The depositor of copies, phonorecords, or identifying material under
+section 408, or the copyright owner of record, may request retention,
+under the control of the Copyright Office, of one or more of such
+articles for the full term of copyright in the work. The Register of
+Copyrights shall prescribe, by regulation, the conditions under which
+such requests are to be made and granted, and shall fix the fee to be
+charged under section 708(a)(10) if the request is granted.
+
+
+Section 705. Copyright Office records: Preparation, maintenance, public
+inspection, and searching [5]
+
+(a) The Register of Copyrights shall ensure that records of deposits,
+registrations, recordations, and other actions taken under this title
+are maintained, and that indexes of such records are prepared.
+
+(b) Such records and indexes, as well as the articles deposited in
+connection with completed copyright registrations and retained under the
+control of the Copyright Office, shall be open to public inspection.
+
+(c) Upon request and payment of the fee specified by section 708, the
+Copyright Office shall make a search of its public records, indexes, and
+deposits, and shall furnish a report of the information they disclose
+with respect to any particular deposits, registrations, or recorded
+documents.
+
+
+Section 706. Copies of Copyright Office records
+
+(a) Copies may be made of any public records or indexes of the Copyright
+Office; additional certificates of copyright registration and copies of
+any public records or indexes may be furnished upon request and payment
+of the fees specified by section 708.
+
+(b) Copies or reproductions of deposited articles retained under the
+control of the Copyright Office shall be authorized or furnished only
+under the conditions specified by the Copyright Office regulations.
+
+
+Section 707. Copyright Office forms and publications
+
+(a) Catalog of Copyright Entries.  The Register of Copyrights shall
+compile and publish at periodic intervals catalogs of all copyright
+registrations. These catalogs shall be divided into parts in accordance
+with the various classes of works, and the Register has discretion to
+determine, on the basis of practicability and usefulness, the form and
+frequency of publication of each particular part.
+
+(b) Other Publications.  The Register shall furnish, free of charge upon
+request, application forms for copyright registration and general
+informational material in connection with the functions of the Copyright
+Office. The Register also has the authority to publish compilations of
+information, bibliographies, and other material he or she considers to
+be of value to the public.
+
+(c) Distribution of Publications.  All publications of the Copyright
+Office shall be furnished to depository libraries as specified under
+section 1905 of title 44, and, aside from those furnished free of
+charge, shall be offered for sale to the public at prices based on the
+cost of reproduction and distribution.
+
+
+Section 708. Copyright Office fees [6]
+
+(a) Fees.  Fees shall be paid to the Register of Copyrights-
+
+(1) on filing each application under section 408 for registration of a
+copyright claim or for a supplementary registration, including the
+issuance of a certificate of registration if registration is made;
+
+(2) on filing each application for registration of a claim for renewal
+of a subsisting copyright under section 304(a), including the issuance
+of a certificate of registration if registration is made;
+
+(3) for the issuance of a receipt for a deposit under section 407;
+
+(4) for the recordation, as provided by section 205, of a transfer of
+copyright ownership or other document;
+
+(5) for the filing, under section 115(b), of a notice of intention to
+obtain a compulsory license;
+
+(6) for the recordation, under section 302(c), of a statement revealing
+the identity of an author of an anonymous or pseudonymous work, or for
+the recordation, under section 302(d), of a statement relating to the
+death of an author;
+
+(7) for the issuance, under section 706, of an additional certificate of
+registration;
+
+(8) for the issuance of any other certification; and
+
+(9) for the making and reporting of a search as provided by section 705,
+and for any related services.
+
+The Register of Copyrights is authorized to fix fees for other services,
+including the cost of preparing copies of Copyright Office records,
+whether or not such copies are certified, based on the cost of providing
+the service.
+
+(b) Adjustment of Fees.  The Register of Copyrights may, by regulation,
+adjust the fees for the services specified in paragraphs (1) through (9)
+of subsection (a) in the following manner: [7]
+
+(1) The Register shall conduct a study of the costs incurred by the
+Copyright Office for the registration of claims, the recordation of
+documents, and the provision of services. The study shall also consider
+the timing of any adjustment in fees and the authority to use such fees
+consistent with the budget.
+
+(2) The Register may, on the basis of the study under paragraph (1), and
+subject to paragraph (5), adjust fees to not more than that necessary to
+cover the reasonable costs incurred by the Copyright Office for the
+services described in paragraph (1), plus a reasonable inflation
+adjustment to account for any estimated increase in costs.
+
+(3) Any fee established under paragraph (2) shall be rounded off to the
+nearest dollar, or for a fee less than $12, rounded off to the nearest
+50 cents.
+
+(4) Fees established under this subsection shall be fair and equitable
+and give due consideration to the objectives of the copyright system.
+
+(5) If the Register determines under paragraph (2) that fees should be
+adjusted, the Register shall prepare a proposed fee schedule and submit
+the schedule with the accompanying economic analysis to the Congress.
+The fees proposed by the Register may be instituted after the end of 120
+days after the schedule is submitted to the Congress unless, within that
+120-day period, a law is enacted stating in substance that the Congress
+does not approve the schedule.
+
+(c) The fees prescribed by or under this section are applicable to the
+United States Government and any of its agencies, employees, or
+officers, but the Register of Copyrights has discretion to waive the
+requirement of this subsection in occasional or isolated cases involving
+relatively small amounts.
+
+(d) (1) Except as provided in paragraph (2), all fees received under
+this section shall be deposited by the Register of Copyrights in the
+Treasury of the United States and shall be credited to the
+appropriations for necessary expenses of the Copyright Office. Such fees
+that are collected shall remain available until expended. The Register
+may, in accordance with regulations that he or she shall prescribe,
+refund any sum paid by mistake or in excess of the fee required by this
+section.
+
+(2) In the case of fees deposited against future services, the Register
+of Copyrights shall request the Secretary of the Treasury to invest in
+interest-bearing securities in the United States Treasury any portion of
+the fees that, as determined by the Register, is not required to meet
+current deposit account demands. Funds from such portion of fees shall
+be invested in securities that permit funds to be available to the
+Copyright Office at all times if they are determined to be necessary to
+meet current deposit account demands. Such investments shall be in
+public debt securities with maturities suitable to the needs of the
+Copyright Office, as determined by the Register of Copyrights, and
+bearing interest at rates determined by the Secretary of the Treasury,
+taking into consideration current market yields on outstanding
+marketable obligations of the United States of comparable maturities.
+
+(3) The income on such investments shall be deposited in the Treasury of
+the United States and shall be credited to the appropriations for
+necessary expenses of the Copyright Office.
+
+
+Section 709. Delay in delivery caused by disruption of postal or other
+services
+
+In any case in which the Register of Copyrights determines, on the basis
+of such evidence as the Register may by regulation require, that a
+deposit, application, fee, or any other material to be delivered to the
+Copyright Office by a particular date, would have been received in the
+Copyright Office in due time except for a general disruption or
+suspension of postal or other transportation or communications services,
+the actual receipt of such material in the Copyright Office within one
+month after the date on which the Register determines that the
+disruption or suspension of such services has terminated, shall be
+considered timely.
+
+------------------
+Chapter 7 Endnotes
+
+1  The Work Made for Hire and Copyright Corrections Act of 2000 amended
+the table of sections for chapter 7 by deleting section 710, entitled,
+"Reproduction for use of the blind and physically handicapped: Voluntary
+licensing forms and procedures." Pub. L. No. 106-379, 114 Stat. 1444,
+1445.
+
+2  The Copyright Fees and Technical Amendments Act of 1989 amended
+section 701 by adding subsection (e). Pub. L. No. 101-319, 104 Stat.
+290. In 1998, the Digital Millennium Copyright Act amended section 701
+by adding a new subsection (b), redesignating former subsections (b)
+through (e) as (c) through (f) respectively, and, in the new subsection
+(f), by substituting "III" for "IV" and "5314" for "5315." Pub. L. No.
+105-304, 112 Stat. 2860, 2887.
+
+3  Title 5 of the *United States Code* is entitled "Government
+Organization and Employees."
+
+4  Copyright Office regulations are published in the *Federal Register
+    [http://www.loc.gov/copyright/fedreg/] *and in title 37, Chapter II,
+    of the *Code of Federal Regulations.
+    [http://www.loc.gov/copyright/title37/] *
+
+5  The Work Made for Hire and Copyright Corrections Act of 2000 amended
+section 705 by rewriting paragraph (a). Pub. L. No. 106-379, 114 Stat.
+1444, 1445.
+
+6  The Copyright Fees and Technical Amendments Act of 1989 amended
+section 708 by substituting a new subsection (a), by redesignating
+subsections (b) and (c) as subsections (c) and (d), respectively, and by
+adding a new subsection (b). Pub. L. No. 101-318, 104 Stat. 287. The Act
+states that these amendments "shall take effect 6 months after the date
+of the enactment of this Act" and shall apply to:
+
+(A) claims to original, supplementary, and renewal copyright received
+for registration, and to items received for recordation in the Copyright
+Office, on or after such effective date, and
+
+(B) other requests for services received on or after such effective
+date, or received before such effective date for services not yet
+rendered as of such date.
+
+With respect to prior claims, the Act states that claims to original,
+supplementary, and renewal copyright received for registration and items
+received for recordation in acceptable form in the Copyright Office
+before the above mentioned effective date, and requests for services
+which are rendered before such effective date "shall be governed by
+section 708 of title 17, United States Code, as in effect before such
+effective date." Pub. L. No. 101-318, 104 Stat. 287, 288.
+
+The Copyright Renewal Act of 1992 amended paragraph (2) of section
+708(a) by striking the words "in its first term" and by substituting
+"$20" in lieu of "$12." Pub. L. No. 102-307, 106 Stat. 264, 266.
+
+In 1997, section 708 was amended by rewriting subsections (b) and (d) in
+their entirety. Pub. L. No. 105-80, 111 Stat. 1529, 1532.
+
+The Work Made for Hire and Copyright Corrections Act of 2000 amended
+section 708 by rewriting subsection (a), by substituting new language
+for the first sentence in subsection (b) and by substituting
+"adjustment" for "increase" in paragraph (b)(1), the word "adjust" for
+"increase" in paragraph (b)(2) and the word "adjusted" for "increased"
+in paragraph (b)(5). Pub. L. No. 106-379, 114 Stat. 1444, 1445. The Act
+also stated that "The fees under section 708(a) of title 17, United
+States Code, on the date of the enactment of this Act shall be the fees
+in effect under section 708(a) of such title on the day before such date
+of enactment."
+
+7  The current fees may be found in the *Code of Federal Regulations,
+[http://www.loc.gov/copyright/title37/] * at 37 C.F.R. Sec. 201.3,
+[http://www.loc.gov/copyright/title37/] as authorized by Pub. L. No.
+105-80, 111 Stat. 1529, 1532. In Pub. L. No. 105-80, Congress amended
+section 708(b) to require that the Register of Copyrights establish fees
+by regulation.
+
+------------------------------------------------------------------------
+
+Chapter 8 [1]
+
+Copyright Arbitration Royalty Panels
+
+  + 801. Copyright arbitration royalty panels: Establishment and purpose
+  + 802. Membership and proceedings of copyright arbitration royalty
+         panels
+  + 803. Institution and conclusion of proceedings
+
+
+Section 801. Copyright arbitration royalty panels: Establishment and
+purpose [2]
+
+(a) Establishment.  The Librarian of Congress, upon the recommendation of
+the Register of Copyrights, is authorized to appoint and convene
+copyright arbitration royalty panels.
+
+(b) Purposes.  Subject to the provisions of this chapter, the purposes of
+the copyright arbitration royalty panels shall be as follows:
+
+(1) To make determinations concerning the adjustment of reasonable
+copyright royalty rates as provided in sections 114, 115, 116, and 119,
+and to make determinations as to reasonable terms and rates of royalty
+payments as provided in section 118. The rates applicable under sections
+114(f)(1)(B), 115, and 116 shall be calculated to achieve the following
+objectives:
+
+(A) To maximize the availability of creative works to the public;
+
+(B) To afford the copyright owner a fair return for his creative work
+and the copyright user a fair income under existing economic conditions;
+
+(C) To reflect the relative roles of the copyright owner and the
+copyright user in the product made available to the public with respect
+to relative creative contribution, technological contribution, capital
+investment, cost, risk, and contribution to the opening of new markets
+for creative expression and media for their communication;
+
+(D) To minimize any disruptive impact on the structure of the industries
+involved and on generally prevailing industry practices.
+
+(2) To make determinations concerning the adjustment of the copyright
+royalty rates in section 111 solely in accordance with the following
+provisions:
+
+(A) The rates established by section 111(d)(1)(B) may be adjusted to
+reflect (i) national monetary inflation or deflation or (ii) changes in
+the average rates charged cable subscribers for the basic service of
+providing secondary transmissions to maintain the real constant dollar
+level of the royalty fee per subscriber which existed as of the date of
+enactment of this Act: *Provided*, That if the average rates charged
+cable system subscribers for the basic service of providing secondary
+transmissions are changed so that the average rates exceed national
+monetary inflation, no change in the rates established by section 111(d)
+(1)(B) shall be permitted: *And provided further, *That no increase in
+the royalty fee shall be permitted based on any reduction in the average
+number of distant signal equivalents per subscriber. The copyright
+arbitration royalty panels may consider all factors relating to the
+maintenance of such level of payments including, as an extenuating
+factor, whether the industry has been restrained by subscriber rate
+regulating authorities from increasing the rates for the basic service
+of providing secondary transmissions.
+
+(B) In the event that the rules and regulations of the Federal
+Communications Commission are amended at any time after April 15, 1976,
+to permit the carriage by cable systems of additional television
+broadcast signals beyond the local service area of the primary
+transmitters of such signals, the royalty rates established by section
+111(d)(1)(B) may be adjusted to insure that the rates for the additional
+distant signal equivalents resulting from such carriage are reasonable
+in the light of the changes effected by the amendment to such rules and
+regulations. In determining the reasonableness of rates proposed
+following an amendment of Federal Communications Commission rules and
+regulations, the copyright arbitration royalty panels shall consider,
+among other factors, the economic impact on copyright owners and users:
+*Provided*, That no adjustment in royalty rates shall be made under this
+subclause with respect to any distant signal equivalent or fraction
+thereof represented by (i) carriage of any signal permitted under the
+rules and regulations of the Federal Communications Commission in effect
+on April 15, 1976, or the carriage of a signal of the same type (that
+is, independent, network, or noncommercial educational) substituted for
+such permitted signal, or (ii) a television broadcast signal first
+carried after April 15, 1976, pursuant to an individual waiver of the
+rules and regulations of the Federal Communications Commission, as such
+rules and regulations were in effect on April 15,1976.
+
+(C) In the event of any change in the rules and regulations of the
+Federal Communications Commission with respect to syndicated and sports
+program exclusivity after April 15, 1976, the rates established by
+section 111(d)(1)(B) may be adjusted to assure that such rates are
+reasonable in light of the changes to such rules and regulations, but
+any such adjustment shall apply only to the affected television
+broadcast signals carried on those systems affected by the change.
+
+(D) The gross receipts limitations established by section 111(d)(1)(C)
+and (D) shall be adjusted to reflect national monetary inflation or
+deflation or changes in the average rates charged cable system
+subscribers for the basic service of providing secondary transmissions
+to maintain the real constant dollar value of the exemption provided by
+such section; and the royalty rate specified therein shall not be
+subject to adjustment.
+
+(3) To distribute royalty fees deposited with the Register of Copyrights
+under sections 111, 116, 119(b), and 1003, and to determine, in cases
+where controversy exists, the distribution of such fees.
+
+(c) Rulings.  The Librarian of Congress, upon the recommendation of the
+Register of Copyrights, may, before a copyright arbitration royalty
+panel is convened, make any necessary procedural or evidentiary rulings
+that would apply to the proceedings conducted by such panel, including-
+
+(1) authorizing the distribution of those royalty fees collected under
+sections 111, 119, and 1005 that the Librarian has found are not subject
+to controversy; and
+
+(2) accepting or rejecting royalty claims filed under sections 111, 119,
+and 1007 on the basis of timeliness or the failure to establish the
+basis for a claim.
+
+(d) Support and Reimbursement of Arbitration Panels.  The Librarian of
+Congress, upon the recommendation of the Register of Copyrights, shall
+provide the copyright arbitration royalty panels with the necessary
+administrative services related to proceedings under this chapter, and
+shall reimburse the arbitrators presiding in distribution proceedings at
+such intervals and in such manner as the Librarian shall provide by
+regulation. Each such arbitrator is an independent contractor acting on
+behalf of the United States, and shall be hired pursuant to a signed
+agreement between the Library of Congress and the arbitrator. Payments
+to the arbitrators shall be considered reasonable costs incurred by the
+Library of Congress and the Copyright Office for purposes of section
+802(h)(1).
+
+
+Section 802. Membership and proceedings of copyright arbitration royalty
+panels [3]
+
+(a) Composition of Copyright Arbitration Royalty Panels.  A copyright
+arbitration royalty panel shall consist of 3 arbitrators selected by the
+Librarian of Congress pursuant to subsection (b).
+
+(b) Selection of Arbitration Panel.  Not later than 10 days after
+publication of a notice in the Federal Register initiating an
+arbitration proceeding under section 803, and in accordance with
+procedures specified by the Register of Copyrights, the Librarian of
+Congress shall, upon the recommendation of the Register of Copyrights,
+select 2 arbitrators from lists provided by professional arbitration
+associations. Qualifications of the arbitrators shall include experience
+in conducting arbitration proceedings and facilitating the resolution
+and settlement of disputes, and any qualifications which the Librarian
+of Congress, upon the recommendation of the Register of Copyrights,
+shall adopt by regulation. The 2 arbitrators so selected shall, within
+10 days after their selection, choose a third arbitrator from the same
+lists, who shall serve as the chairperson of the arbitrators. If such 2
+arbitrators fail to agree upon the selection of a third arbitrator, the
+Librarian of Congress shall promptly select the third arbitrator. The
+Librarian of Congress, upon the recommendation of the Register of
+Copyrights, shall adopt regulations regarding standards of conduct which
+shall govern arbitrators and the proceedings under this chapter. [4]
+
+(c) Arbitration Proceedings.  Copyright arbitration royalty panels shall
+conduct arbitration proceedings, subject to subchapter II of chapter 5
+of title 5, for the purpose of making their determinations in carrying
+out the purposes set forth in section 801. The arbitration panels shall
+act on the basis of a fully documented written record, prior decisions
+of the Copyright Royalty Tribunal, prior copyright arbitration panel
+determinations, and rulings by the Librarian of Congress under section
+801(c). Any copyright owner who claims to be entitled to royalties under
+section 111, 112, 114, 116, or 119, any transmitting organization
+entitled to a statutory license under section 112(f), any person
+entitled to a statutory license under section 114(d), any person
+entitled to a compulsory license under section 115, or any interested
+copyright party who claims to be entitled to royalties under section
+1006, may submit relevant information and proposals to the arbitration
+panels in proceedings applicable to such copyright owner or interested
+copyright party, and any other person participating in arbitration
+proceedings may submit such relevant information and proposals to the
+arbitration panel conducting the proceedings. In ratemaking proceedings,
+the parties to the proceedings shall bear the entire cost thereof in
+such manner and proportion as the arbitration panels shall direct. In
+distribution proceedings, the parties shall bear the cost in direct
+proportion to their share of the distribution.
+
+(d) Procedures.  Effective on the date of the enactment of the Copyright
+Royalty Tribunal Reform Act of 1993, the Librarian of Congress shall
+adopt the rules and regulations set forth in chapter 3 of title 37 of
+the Code of Federal Regulations to govern proceedings under this
+chapter. Such rules and regulations shall remain in effect unless and
+until the Librarian, upon the recommendation of the Register of
+Copyrights, adopts supplemental or superseding regulations under
+subchapter II of chapter 5 of title 5.
+
+(e) Report to the Librarian of Congress.  Not later than 180 days after
+publication of the notice in the Federal Register initiating an
+arbitration proceeding, the copyright arbitration royalty panel
+conducting the proceeding shall report to the Librarian of Congress its
+determination concerning the royalty fee or distribution of royalty
+fees, as the case may be. Such report shall be accompanied by the
+written record, and shall set forth the facts that the arbitration panel
+found relevant to its determination.
+
+(f) Action by Librarian of Congress.  Within 90 days after receiving the
+report of a copyright arbitration royalty panel under subsection (e),
+the Librarian of Congress, upon the recommendation of the Register of
+Copyrights, shall adopt or reject the determination of the arbitration
+panel. The Librarian shall adopt the determination of the arbitration
+panel unless the Librarian finds that the determination is arbitrary or
+contrary to the applicable provisions of this title. If the Librarian
+rejects the determination of the arbitration panel, the Librarian shall,
+before the end of an additional 30-day period, and after full
+examination of the record created in the arbitration proceeding, issue
+an order setting the royalty fee or distribution of fees, as the case
+may be. The Librarian shall cause to be published in the Federal
+Register the determination of the arbitration panel, and the decision of
+the Librarian (including an order issued under the preceding sentence).
+The Librarian shall also publicize such determination and decision in
+such other manner as the Librarian considers appropriate. The Librarian
+shall also make the report of the arbitration panel and the accompanying
+record available for public inspection and copying.
+
+(g) Judicial Review.  Any decision of the Librarian of Congress under
+subsection (f) with respect to a determination of an arbitration panel
+may be appealed, by any aggrieved party who would be bound by the
+determination, to the United States Court of Appeals for the District of
+Columbia Circuit, within 30 days after the publication of the decision
+in the Federal Register. If no appeal is brought within such 30-day
+period, the decision of the Librarian is final, and the royalty fee or
+determination with respect to the distribution of fees, as the case may
+be, shall take effect as set forth in the decision. When this title
+provides that the royalty rates or terms that were previously in effect
+are to expire on a specified date, any adjustment by the Librarian of
+those rates or terms shall be effective as of the day following the date
+of expiration of the rates or terms that were previously in effect, even
+if the Librarian's decision is rendered on a later date. The pendency of
+an appeal under this paragraph shall not relieve persons obligated to
+make royalty payments under sections 111, 112, 114, 115, 116, 118, 119,
+or 1003 who would be affected by the determination on appeal to deposit
+the statement of account and royalty fees specified in those sections.
+The court shall have jurisdiction to modify or vacate a decision of the
+Librarian only if it finds, on the basis of the record before the
+Librarian, that the Librarian acted in an arbitrary manner. If the court
+modifies the decision of the Librarian, the court shall have
+jurisdiction to enter its own determination with respect to the amount
+or distribution of royalty fees and costs, to order the repayment of any
+excess fees, and to order the payment of any underpaid fees, and the
+interest pertaining respectively thereto, in accordance with its final
+judgment. The court may further vacate the decision of the arbitration
+panel and remand the case to the Librarian for arbitration proceedings
+in accordance with subsection (c).
+
+(h) Administrative Matters.
+
+(1) Deduction of costs of library of congress and copyright office from
+royalty fees.  The Librarian of Congress and the Register of Copyrights
+may, to the extent not otherwise provided under this title, deduct from
+royalty fees deposited or collected under this title the reasonable
+costs incurred by the Library of Congress and the Copyright Office under
+this chapter. Such deduction may be made before the fees are distributed
+to any copyright claimants. In addition, all funds made available by an
+appropriations Act as offsetting collections and available for
+deductions under this subsection shall remain available until expended.
+In ratemaking proceedings, the reasonable costs of the Librarian of
+Congress and the Copyright Office shall be borne by the parties to the
+proceedings as directed by the arbitration panels under subsection (c).
+
+(2) Positions required for administration of compulsory licensing.
+Section 307 of the Legislative Branch Appropriations Act, 1994, shall
+not apply to employee positions in the Library of Congress that are
+required to be filled in order to carry out section 111, 112, 114, 115,
+116, 118, or 119 or chapter 10.
+
+
+Section 803. Institution and conclusion of proceedings [5]
+
+(a)(1) With respect to proceedings under section 801(b)(1) concerning
+the adjustment of royalty rates as provided in sections 112, 114, 115,
+and 116, and with respect to proceedings under subparagraphs (A) and (D)
+of section 801(b)(2), during the calendar years specified in the
+schedule set forth in paragraphs (2), (3), (4), and (5), any owner or
+user of a copyrighted work whose royalty rates are specified by this
+title, established by the Copyright Royalty Tribunal before the date of
+the enactment of the Copyright Royalty Tribunal Reform Act of 1993, or
+established by a copyright arbitration royalty panel after such date of
+enactment, may file a petition with the Librarian of Congress declaring
+that the petitioner requests an adjustment of the rate. The Librarian of
+Congress shall, upon the recommendation of the Register of Copyrights,
+make a determination as to whether the petitioner has such a significant
+interest in the royalty rate in which an adjustment is requested. If the
+Librarian determines that the petitioner has such a significant
+interest, the Librarian shall cause notice of this determination, with
+the reasons therefor, to be published in the Federal Register, together
+with the notice of commencement of proceedings under this chapter.
+
+(2) In proceedings under section 801(b)(2)(A) and (D), a petition
+described in paragraph (1) may be filed during 1995 and in each
+subsequent fifth calendar year.
+
+(3) In proceedings under section 801(b)(1) concerning the adjustment of
+royalty rates as provided in section 115, a petition described in
+paragraph (1) may be filed in 1997 and in each subsequent tenth calendar
+year or as prescribed in section 115(c)(3)(D).
+
+(4)(A) In proceedings under section 801(b)(1) concerning the adjustment
+of royalty rates as provided in section 116, a petition described in
+paragraph (1) may be filed at any time within 1 year after negotiated
+licenses authorized by section 116 are terminated or expire and are not
+replaced by subsequent agreements.
+
+(B) If a negotiated license authorized by section 116 is terminated or
+expires and is not replaced by another such license agreement which
+provides permission to use a quantity of musical works not substantially
+smaller than the quantity of such works performed on coin-operated
+phonorecord players during the 1-year period ending March 1, 1989, the
+Librarian of Congress shall, upon petition filed under paragraph (1)
+within 1 year after such termination or expiration, convene a copyright
+arbitration royalty panel. The arbitration panel shall promptly
+establish an interim royalty rate or rates for the public performance by
+means of a coin-operated phonorecord player of non-dramatic musical
+works embodied in phonorecords which had been subject to the terminated
+or expired negotiated license agreement. Such rate or rates shall be the
+same as the last such rate or rates and shall remain in force until the
+conclusion of proceedings by the arbitration panel, in accordance with
+section 802, to adjust the royalty rates applicable to such works, or
+until superseded by a new negotiated license agreement, as provided in
+section 116(b).
+
+(5) With respect to proceedings under section 801(b)(1) concerning the
+determination of reasonable terms and rates of royalty payments as
+provided in section 112 or 114, the Librarian of Congress shall proceed
+when and as provided by those sections.
+
+(b) With respect to proceedings under subparagraph (B) or (C) of section
+801(b)(2), following an event described in either of those subsections,
+any owner or user of a copyrighted work whose royalty rates are
+specified by section 111, or by a rate established by the Copyright
+Royalty Tribunal or the Librarian of Congress, may, within twelve
+months, file a petition with the Librarian declaring that the petitioner
+requests an adjustment of the rate. In this event the Librarian shall
+proceed as in subsection (a) of this section. Any change in royalty
+rates made by the Copyright Royalty Tribunal or the Librarian of
+Congress pursuant to this subsection may be reconsidered in 1980, 1985,
+and each fifth calendar year thereafter, in accordance with the
+provisions in section 801(b)(2)(B) or (C), as the case may be.
+
+(c) With respect to proceedings under section 801(b)(1), concerning the
+determination of reasonable terms and rates of royalty payments as
+provided in section 118, the Librarian of Congress shall proceed when
+and as provided by that section.
+
+(d) With respect to proceedings under section 801(b)(3) or (4),
+concerning the distribution of royalty fees in certain circumstances
+under section 111, 116, 119, or 1007, the Librarian of Congress shall,
+upon a determination that a controversy exists concerning such
+distribution, cause to be published in the Federal Register notice of
+commencement of proceedings under this chapter.
+
+------------------
+Chapter 8 Endnotes
+
+1  The Copyright Royalty Tribunal Reform Act of 1993 amended chapter 8
+by substituting a new chapter title heading and by repealing sections
+803 and 805 through 810. Pub. L. No. 103-198, 107 Stat. 2304, 2308.
+
+2  In 1986, section 801(b) was amended in paragraph (2)(A) by inserting
+"111(d)(1)(B)" in lieu of "111(d)(2)(B)," wherever it appeared. Pub. L.
+No. 99-397, 100 Stat. 848. The Satellite Home Viewer Act of 1988 amended
+section 801(b)(3) by substituting ", 116 and 119(b)" in lieu of "and
+116." Pub. L. No. 100-667, 102 Stat. 3935, 3949, 3958. The Copyright
+Royalty Tribunal Reform Act of 1993 amended section 801 by giving it a
+new heading, by amending subsection (a) in its entirety, by making
+conforming amendments throughout subsection (b), by amending the first
+sentence of subsection (c) and by adding subsection (d). Pub. L. No.
+103-198, 107 Stat. 2304. In 1997, section 801 was amended by inserting
+"119" in the first sentence of subsection (b)(1), by adding paragraphs
+(1) and (2) of subsection (c) and by amending subsection (d) in its
+entirety. Pub. L. No. 105-80, 111 Stat. 1529, 1533. In 1998, the Digital
+Millennium Copyright Act amended the first sentence of section 801(b) by
+inserting "114(f)(1)(B)" in lieu of "114." Pub. L. No. 105-304, 112
+Stat. 2860, 2902.
+
+3  The Copyright Royalty Tribunal Reform Act of 1993 amended section 802
+in its entirety. Pub. L. No. 103-198, 107 Stat. 2304, 2305. In 1997,
+section 802(h)(1) was amended in its entirety. Pub. L. No. 105-80, 111
+Stat. 1529.
+
+In 1998, the Digital Millennium Copyright Act amended section 802 as
+follows: 1) in subsection (c), by inserting in the third sentence "any
+transmitting organization entitled to a statutory license under section
+112(f)" after "section 111, 112, 114, 116, and 119"; 2) in subsection
+(f), by inserting "90" in lieu of "60" in the first sentence and "an
+additional 30-day period" in lieu of "that additional 60 day period" in
+the third sentence; 3) in subsection (g), by adding the third sentence,
+which begins "When this title provides that the royalty rates" and by
+inserting "112" after "111"; and 4) by inserting "112" after "111" in
+subsection (h)(2). Pub. L. No. 105-304, 112 Stat. 2860, 2902.
+
+4  See title 37, Chapter II, of the *Code of Federal Regulations.*
+
+5  The Copyright Royalty Tribunal Reform Act of 1993 redesignated
+section 804 as section 803 and amended the newly designated section 803
+in its entirety. Pub. L. No. 103-198, 107 Stat. 2304, 2307. In 1995, the
+Digital Performance Right in Sound Recordings Act amended section 803(a)
+by adding paragraph (5) and by making conforming amendments throughout
+chapter 8. Pub. L. No. 104-39, 109 Stat. 336, 349. In 1998, the Digital
+Millennium Copyright Act amended section 803(a) by inserting "112"
+before "114" in paragraphs (1) and (5) and by substituting "those
+sections" in lieu of "that section" in paragraph (5). Pub. L. No.
+105-304, 112 Stat. 2860, 2902.
+
+------------------------------------------------------------------------
+
+Chapter 9 [1]
+
+Protection of Semiconductor Chip Products
+
+  + 901. Definitions
+  + 902. Subject matter of protection
+  + 903. Ownership, transfer, licensure, and recordation [2]
+  + 904. Duration of protection
+  + 905. Exclusive rights in mask works
+  + 906. Limitation on exclusive rights: reverse engineering; first sale
+  + 907. Limitation on exclusive rights: innocent infringement
+  + 908. Registration of claims of protection
+  + 909. Mask work notice
+  + 910. Enforcement of exclusive rights
+  + 911. Civil actions
+  + 912. Relation to other laws
+  + 913. Transitional provisions
+  + 914. International transitional provisions
+
+
+Section 901. Definitions
+
+(a) As used in this chapter
+
+(1) a "semiconductor chip product" is the final or intermediate form of
+any product-
+
+(A) having two or more layers of metallic, insulating, or semiconductor
+material, deposited or otherwise placed on, or etched away or otherwise
+removed from, a piece of semiconductor material in accordance with a
+predetermined pattern; and
+
+(B) intended to perform electronic circuitry functions;
+
+(2) a "mask work" is a series of related images, however fixed or
+encoded-
+
+(A) having or representing the predetermined, three-dimensional pattern
+of metallic, insulating, or semiconductor material present or removed
+from the layers of a semiconductor chip product; and
+
+(B) in which series the relation of the images to one another is that
+each image has the pattern of the surface of one form of the
+semiconductor chip product;
+
+(3) a mask work is "fixed" in a semiconductor chip product when its
+embodiment in the product is sufficiently permanent or stable to permit
+the mask work to be perceived or reproduced from the product for a
+period of more than transitory duration;
+
+(4) to "distribute" means to sell, or to lease, bail, or otherwise
+transfer, or to offer to sell, lease, bail, or otherwise transfer;
+
+(5) to "commercially exploit" a mask work is to distribute to the public
+for commercial purposes a semiconductor chip product embodying the mask
+work; except that such term includes an offer to sell or transfer a
+semiconductor chip product only when the offer is in writing and occurs
+after the mask work is fixed in the semiconductor chip product;
+
+(6) the "owner" of a mask work is the person who created the mask work,
+the legal representative of that person if that person is deceased or
+under a legal incapacity, or a party to whom all the rights under this
+chapter of such person or representative are transferred in accordance
+with section 903(b); except that, in the case of a work made within the
+scope of a person's employment, the owner is the employer for whom the
+person created the mask work or a party to whom all the rights under
+this chapter of the employer are transferred in accordance with section
+903(b);
+
+(7) an "innocent purchaser" is a person who purchases a semiconductor
+chip product in good faith and without having notice of protection with
+respect to the semiconductor chip product;
+
+(8) having "notice of protection" means having actual knowledge that, or
+reasonable grounds to believe that, a mask work is protected under this
+chapter; and
+
+(9) an "infringing semiconductor chip product" is a semiconductor chip
+product which is made, imported, or distributed in violation of the
+exclusive rights of the owner of a mask work under this chapter.
+
+(b) For purposes of this chapter, the distribution or importation of a
+product incorporating a semiconductor chip product as a part thereof is
+a distribution or importation of that semiconductor chip product.
+
+
+Section 902. Subject matter of protection [3]
+
+(a)(1) Subject to the provisions of subsection (b), a mask work fixed in
+a semiconductor chip product, by or under the authority of the owner of
+the mask work, is eligible for protection under this chapter if-
+
+(A) on the date on which the mask work is registered under section 908,
+or is first commercially exploited anywhere in the world, whichever
+occurs first, the owner of the mask work is (i) a national or
+domiciliary of the United States, (ii) a national, domiciliary, or
+sovereign authority of a foreign nation that is a party to a treaty
+affording protection to mask works to which the United States is also a
+party, or (iii) a stateless person, wherever that person may be
+domiciled;
+
+(B) the mask work is first commercially exploited in the United States;
+or
+
+(C) the mask work comes within the scope of a Presidential proclamation
+issued under paragraph (2).
+
+(2) Whenever the President finds that a foreign nation extends, to mask
+works of owners who are nationals or domiciliaries of the United States
+protection (A) on substantially the same basis as that on which the
+foreign nation extends protection to mask works of its own nationals and
+domiciliaries and mask works first commercially exploited in that
+nation, or (B) on substantially the same basis as provided in this
+chapter, the President may by proclamation extend protection under this
+chapter to mask works (i) of owners who are, on the date on which the
+mask works are registered under section 908, or the date on which the
+mask works are first commercially exploited anywhere in the world,
+whichever occurs first, nationals, domiciliaries, or sovereign
+authorities of that nation, or (ii) which are first commercially
+exploited in that nation. The President may revise, suspend, or revoke
+any such proclamation or impose any conditions or limitations on
+protection extended under any such proclamation.
+
+(b) Protection under this chapter shall not be available for a mask work
+that-
+
+(1) is not original; or
+
+(2) consists of designs that are staple, commonplace, or familiar in the
+semiconductor industry, or variations of such designs, combined in a way
+that, considered as a whole, is not original.
+
+(c) In no case does protection under this chapter for a mask work extend
+to any idea, procedure, process, system, method of operation, concept,
+principle, or discovery, regardless of the form in which it is
+described, explained, illustrated, or embodied in such work.
+
+
+Section 903. Ownership, transfer, licensing, and recordation
+
+(a) The exclusive rights in a mask work subject to protection under this
+chapter belong to the owner of the mask work.
+
+(b) The owner of the exclusive rights in a mask work may transfer all of
+those rights, or license all or less than all of those rights, by any
+written instrument signed by such owner or a duly authorized agent of
+the owner. Such rights may be transferred or licensed by operation of
+law, may be bequeathed by will, and may pass as personal property by the
+applicable laws of intestate succession.
+
+(c)(1) Any document pertaining to a mask work may be recorded in the
+Copyright Office if the document filed for recordation bears the actual
+signature of the person who executed it, or if it is accompanied by a
+sworn or official certification that it is a true copy of the original,
+signed document. The Register of Copyrights shall, upon receipt of the
+document and the fee specified pursuant to section 908(d), record the
+document and return it with a certificate of recordation. The
+recordation of any transfer or license under this paragraph gives all
+persons constructive notice of the facts stated in the recorded document
+concerning the transfer or license.
+
+(2) In any case in which conflicting transfers of the exclusive rights
+in a mask work are made, the transfer first executed shall be void as
+against a subsequent transfer which is made for a valuable consideration
+and without notice of the first transfer, unless the first transfer is
+recorded in accordance with paragraph (1) within three months after the
+date on which it is executed, but in no case later than the day before
+the date of such subsequent transfer.
+
+(d) Mask works prepared by an officer or employee of the United States
+Government as part of that person's official duties are not protected
+under this chapter, but the United States Government is not precluded
+from receiving and holding exclusive rights in mask works transferred to
+the Government under subsection (b).
+
+
+Section 904. Duration of protection
+
+(a) The protection provided for a mask work under this chapter shall
+commence on the date on which the mask work is registered under section
+908, or the date on which the mask work is first commercially exploited
+anywhere in the world, whichever occurs first.
+
+(b) Subject to subsection (c) and the provisions of this chapter, the
+protection provided under this chapter to a mask work shall end ten
+years after the date on which such protection commences under subsection
+(a).
+
+(c) All terms of protection provided in this section shall run to the
+end of the calendar year in which they would otherwise expire.
+
+
+Section 905. Exclusive rights in mask works
+
+The owner of a mask work provided protection under this chapter has the
+exclusive rights to do and to authorize any of the following:
+
+(1) to reproduce the mask work by optical, electronic, or any other
+means;
+
+(2) to import or distribute a semiconductor chip product in which the
+mask work is embodied; and
+
+(3) to induce or knowingly to cause another person to do any of the acts
+described in paragraphs (1) and (2).
+
+Section 906. Limitation on exclusive rights: reverse engineering; first
+sale
+
+(a) Notwithstanding the provisions of section 905, it is not an
+infringement of the exclusive rights of the owner of a mask work for-
+
+(1) a person to reproduce the mask work solely for the purpose of
+teaching, analyzing, or evaluating the concepts or techniques embodied
+in the mask work or the circuitry, logic flow, or organization of
+components used in the mask work; or
+
+(2) a person who performs the analysis or evaluation described in
+paragraph (1) to incorporate the results of such conduct in an original
+mask work which is made to be distributed.
+
+(b) Notwithstanding the provisions of section 905(2), the owner of a
+particular semiconductor chip product made by the owner of the mask
+work, or by any person authorized by the owner of the mask work, may
+import, distribute, or otherwise dispose of or use, but not reproduce,
+that particular semiconductor chip product without the authority of the
+owner of the mask work.
+
+
+Section 907. Limitation on exclusive rights: innocent infringement
+
+(a) Notwithstanding any other provision of this chapter, an innocent
+purchaser of an infringing semiconductor chip product-
+
+(1) shall incur no liability under this chapter with respect to the
+importation or distribution of units of the infringing semiconductor
+chip product that occurs before the innocent purchaser has notice of
+protection with respect to the mask work embodied in the semiconductor
+chip product; and
+
+(2) shall be liable only for a reasonable royalty on each unit of the
+infringing semiconductor chip product that the innocent purchaser
+imports or distributes after having notice of protection with respect to
+the mask work embodied in the semiconductor chip product.
+
+(b) The amount of the royalty referred to in subsection (a)(2) shall be
+determined by the court in a civil action for infringement unless the
+parties resolve the issue by voluntary negotiation, mediation, or
+binding arbitration.
+
+(c) The immunity of an innocent purchaser from liability referred to in
+subsection (a)(1) and the limitation of remedies with respect to an
+innocent purchaser referred to in subsection (a)(2) shall extend to any
+person who directly or indirectly purchases an infringing semiconductor
+chip product from an innocent purchaser.
+
+(d) The provisions of subsections (a), (b), and (c) apply only with
+respect to those units of an infringing semiconductor chip product that
+an innocent purchaser purchased before having notice of protection with
+respect to the mask work embodied in the semiconductor chip product.
+
+
+Section 908. Registration of claims of protection
+
+(a) The owner of a mask work may apply to the Register of Copyrights for
+registration of a claim of protection in a mask work. Protection of a
+mask work under this chapter shall terminate if application for
+registration of a claim of protection in the mask work is not made as
+provided in this chapter within two years after the date on which the
+mask work is first commercially exploited anywhere in the world.
+
+(b) The Register of Copyrights shall be responsible for all
+administrative functions and duties under this chapter. Except for
+section 708, the provisions of chapter 7 of this title relating to the
+general responsibilities, organization, regulatory authority, actions,
+records, and publications of the Copyright Office shall apply to this
+chapter, except that the Register of Copyrights may make such changes as
+may be necessary in applying those provisions to this chapter.
+
+(c) The application for registration of a mask work shall be made on a
+form prescribed by the Register of Copyrights. Such form may require any
+information regarded by the Register as bearing upon the preparation or
+identification of the mask work, the existence or duration of protection
+of the mask work under this chapter, or ownership of the mask work. The
+application shall be accompanied by the fee set pursuant to subsection
+(d) and the identifying material specified pursuant to such subsection.
+
+(d) The Register of Copyrights shall by regulation set reasonable fees
+for the filing of applications to register claims of protection in mask
+works under this chapter, and for other services relating to the
+administration of this chapter or the rights under this chapter, taking
+into consideration the cost of providing those services, the benefits of
+a public record, and statutory fee schedules under this title. The
+Register shall also specify the identifying material to be deposited in
+connection with the claim for registration.
+
+(e) If the Register of Copyrights, after examining an application for
+registration, determines, in accordance with the provisions of this
+chapter, that the application relates to a mask work which is entitled
+to protection under this chapter, then the Register shall register the
+claim of protection and issue to the applicant a certificate of
+registration of the claim of protection under the seal of the Copyright
+Office. The effective date of registration of a claim of protection
+shall be the date on which an application, deposit of identifying
+material, and fee, which are determined by the Register of Copyrights or
+by a court of competent jurisdiction to be acceptable for registration
+of the claim, have all been received in the Copyright Office.
+
+(f) In any action for infringement under this chapter, the certificate
+of registration of a mask work shall constitute prima facie evidence (1)
+of the facts stated in the certificate, and (2) that the applicant
+issued the certificate has met the requirements of this chapter, and the
+regulations issued under this chapter, with respect to the registration
+of claims.
+
+(g) Any applicant for registration under this section who is
+dissatisfied with the refusal of the Register of Copyrights to issue a
+certificate of registration under this section may seek judicial review
+of that refusal by bringing an action for such review in an appropriate
+United States district court not later than sixty days after the
+refusal. The provisions of chapter 7 of title 5 shall apply to such
+judicial review. The failure of the Register of Copyrights to issue a
+certificate of registration within four months after an application for
+registration is filed shall be deemed to be a refusal to issue a
+certificate of registration for purposes of this subsection and section
+910(b)(2), except that, upon a showing of good cause, the district court
+may shorten such four-month period.
+
+
+Section 909. Mask work notice [4]
+
+(a) The owner of a mask work provided protection under this chapter may
+affix notice to the mask work, and to masks and semiconductor chip
+products embodying the mask work, in such manner and location as to give
+reasonable notice of such protection. The Register of Copyrights shall
+prescribe by regulation, as examples, specific methods of affixation and
+positions of notice for purposes of this section, but these
+specifications shall not be considered exhaustive. The affixation of
+such notice is not a condition of protection under this chapter, but
+shall constitute prima facie evidence of notice of protection.
+
+(b) The notice referred to in subsection (a) shall consist of-
+
+(1) the words "mask work", the symbol *M*, or the symbol [M in a circle]
+(the letter M in a circle); and
+
+(2) the name of the owner or owners of the mask work or an abbreviation
+by which the name is recognized or is generally known.
+
+
+Section 910. Enforcement of exclusive rights [5]
+
+(a) Except as otherwise provided in this chapter, any person who
+violates any of the exclusive rights of the owner of a mask work under
+this chapter, by conduct in or affecting commerce, shall be liable as an
+infringer of such rights. As used in this subsection, the term "any
+person" includes any State, any instrumentality of a State, and any
+officer or employee of a State or instrumentality of a State acting in
+his or her official capacity. Any State, and any such instrumentality,
+officer, or employee, shall be subject to the provisions of this chapter
+in the same manner and to the same extent as any nongovernmental entity.
+
+(b)(1) The owner of a mask work protected under this chapter, or the
+exclusive licensee of all rights under this chapter with respect to the
+mask work, shall, after a certificate of registration of a claim of
+protection in that mask work has been issued under section 908, be
+entitled to institute a civil action for any infringement with respect
+to the mask work which is committed after the commencement of protection
+of the mask work under section 904(a).
+
+(2) In any case in which an application for registration of a claim of
+protection in a mask work and the required deposit of identifying
+material and fee have been received in the Copyright Office in proper
+form and registration of the mask work has been refused, the applicant
+is entitled to institute a civil action for infringement under this
+chapter with respect to the mask work if notice of the action, together
+with a copy of the complaint, is served on the Register of Copyrights,
+in accordance with the Federal Rules of Civil Procedure. The Register
+may, at his or her option, become a party to the action with respect to
+the issue of whether the claim of protection is eligible for
+registration by entering an appearance within sixty days after such
+service, but the failure of the Register to become a party to the action
+shall not deprive the court of jurisdiction to determine that issue.
+
+(c)(1) The Secretary of the Treasury and the United States Postal
+Service shall separately or jointly issue regulations for the
+enforcement of the rights set forth in section 905 with respect to
+importation. These regulations may require, as a condition for the
+exclusion of articles from the United States, that the person seeking
+exclusion take any one or more of the following actions:
+
+(A) Obtain a court order enjoining, or an order of the International
+Trade Commission under section 337 of the Tariff Act of 1930 excluding,
+importation of the articles.
+
+(B) Furnish proof that the mask work involved is protected under this
+chapter and that the importation of the articles would infringe the
+rights in the mask work under this chapter.
+
+(C) Post a surety bond for any injury that may result if the detention
+or exclusion of the articles proves to be unjustified.
+
+(2) Articles imported in violation of the rights set forth in section
+905 are subject to seizure and forfeiture in the same manner as property
+imported in violation of the customs laws. Any such forfeited articles
+shall be destroyed as directed by the Secretary of the Treasury or the
+court, as the case may be, except that the articles may be returned to
+the country of export whenever it is shown to the satisfaction of the
+Secretary of the Treasury that the importer had no reasonable grounds
+for believing that his or her acts constituted a violation of the law.
+
+
+Section 911. Civil actions [6]
+
+(a) Any court having jurisdiction of a civil action arising under this
+chapter may grant temporary restraining orders, preliminary injunctions,
+and permanent injunctions on such terms as the court may deem reasonable
+to prevent or restrain infringement of the exclusive rights in a mask
+work under this chapter.
+
+(b) Upon finding an infringer liable, to a person entitled under section
+910(b)(1) to institute a civil action, for an infringement of any
+exclusive right under this chapter, the court shall award such person
+actual damages suffered by the person as a result of the infringement.
+The court shall also award such person the infringer's profits that are
+attributable to the infringement and are not taken into account in
+computing the award of actual damages. In establishing the infringer's
+profits, such person is required to present proof only of the
+infringer's gross revenue, and the infringer is required to prove his or
+her deductible expenses and the elements of profit attributable to
+factors other than the mask work.
+
+(c) At any time before final judgment is rendered, a person entitled to
+institute a civil action for infringement may elect, instead of actual
+damages and profits as provided by subsection (b), an award of statutory
+damages for all infringements involved in the action, with respect to
+any one mask work for which any one infringer is liable individually, or
+for which any two or more infringers are liable jointly and severally,
+in an amount not more than $250,000 as the court considers just.
+
+(d) An action for infringement under this chapter shall be barred unless
+the action is commenced within three years after the claim accrues.
+
+(e)(1) At any time while an action for infringement of the exclusive
+rights in a mask work under this chapter is pending, the court may order
+the impounding, on such terms as it may deem reasonable, of all
+semiconductor chip products, and any drawings, tapes, masks, or other
+products by means of which such products may be reproduced, that are
+claimed to have been made, imported, or used in violation of those
+exclusive rights. Insofar as practicable, applications for orders under
+this paragraph shall be heard and determined in the same manner as an
+application for a temporary restraining order or preliminary injunction.
+
+(2) As part of a final judgment or decree, the court may order the
+destruction or other disposition of any infringing semiconductor chip
+products, and any masks, tapes, or other articles by means of which such
+products may be reproduced.
+
+(f) In any civil action arising under this chapter, the court in its
+discretion may allow the recovery of full costs, including reasonable
+attorneys' fees, to the prevailing party.
+
+(g)(1) Any State, any instrumentality of a State, and any officer or
+employee of a State or instrumentality of a State acting in his or her
+official capacity, shall not be immune, under the Eleventh Amendment of
+the Constitution of the United States or under any other doctrine of
+sovereign immunity, from suit in Federal court by any person, including
+any governmental or nongovernmental entity, for a violation of any of
+the exclusive rights of the owner of a mask work under this chapter, or
+for any other violation under this chapter.
+
+(2) In a suit described in paragraph (1) for a violation described in
+that paragraph, remedies (including remedies both at law and in equity)
+are available for the violation to the same extent as such remedies are
+available for such a violation in a suit against any public or private
+entity other than a State, instrumentality of a State, or officer or
+employee of a State acting in his or her official capacity. Such
+remedies include actual damages and profits under subsection (b),
+statutory damages under subsection (c), impounding and disposition of
+infringing articles under subsection (e), and costs and attorney's fees
+under subsection (f).
+
+
+Section 912. Relation to other laws [7]
+
+(a) Nothing in this chapter shall affect any right or remedy held by any
+person under chapters 1 through 8 or 10 of this title, or under title
+35.
+
+(b) Except as provided in section 908(b) of this title, references to
+"this title" or "title 17" in chapters 1 through 8 or 10 of this title
+shall be deemed not to apply to this chapter.
+
+(c) The provisions of this chapter shall preempt the laws of any State
+to the extent those laws provide any rights or remedies with respect to
+a mask work which are equivalent to those rights or remedies provided by
+this chapter, except that such preemption shall be effective only with
+respect to actions filed on or after January 1, 1986.
+
+(d) Notwithstanding subsection (c), nothing in this chapter shall
+detract from any rights of a mask work owner, whether under Federal law
+(exclusive of this chapter) or under the common law or the statutes of a
+State, heretofore or hereafter declared or enacted, with respect to any
+mask work first commercially exploited before July 1, 1983.
+
+
+Section 913. Transitional provisions
+
+(a) No application for registration under section 908 may be filed, and
+no civil action under section 910 or other enforcement proceeding under
+this chapter may be instituted, until sixty days after the date of the
+enactment of this chapter.
+
+(b) No monetary relief under section 911 may be granted with respect to
+any conduct that occurred before the date of the enactment of this
+chapter, except as provided in subsection (d).
+
+(c) Subject to subsection (a), the provisions of this chapter apply to
+all mask works that are first commercially exploited or are registered
+under this chapter, or both, on or after the date of the enactment of
+this chapter.
+
+(d)(1) Subject to subsection (a), protection is available under this
+chapter to any mask work that was first commercially exploited on or
+after July 1, 1983, and before the date of the enactment of this
+chapter, if a claim of protection in the mask work is registered in the
+Copyright Office before July 1, 1985, under section 908.
+
+(2) In the case of any mask work described in paragraph (1) that is
+provided protection under this chapter, infringing semiconductor chip
+product units manufactured before the date of the enactment of this
+chapter may, without liability under sections 910 and 911, be imported
+into or distributed in the United States, or both, until two years after
+the date of registration of the mask work under section 908, but only if
+the importer or distributor, as the case may be, first pays or offers to
+pay the reasonable royalty referred to in section 907(a)(2) to the mask
+work owner, on all such units imported or distributed, or both, after
+the date of the enactment of this chapter.
+
+(3) In the event that a person imports or distributes infringing
+semiconductor chip product units described in paragraph (2) of this
+subsection without first paying or offering to pay the reasonable
+royalty specified in such paragraph, or if the person refuses or fails
+to make such payment, the mask work owner shall be entitled to the
+relief provided in sections 910 and 911.
+
+
+Section 914. International transitional provisions [8]
+
+(a) Notwithstanding the conditions set forth in subparagraphs (A) and
+(C) of section 902(a)(1) with respect to the availability of protection
+under this chapter to nationals, domiciliaries, and sovereign
+authorities of a foreign nation, the Secretary of Commerce may, upon the
+petition of any person, or upon the Secretary's own motion, issue an
+order extending protection under this chapter to such foreign nationals,
+domiciliaries, and sovereign authorities if the Secretary finds-
+
+(1) that the foreign nation is making good faith efforts and reasonable
+progress toward-
+
+(A) entering into a treaty described in section 902(a)(1)(A); or
+
+(B) enacting or implementing legislation that would be in compliance
+with subparagraph (A) or (B) of section 902(a)(2); and
+
+(2) that the nationals, domiciliaries, and sovereign authorities of the
+foreign nation, and persons controlled by them, are not engaged in the
+misappropriation, or unauthorized distribution or commercial
+exploitation, of mask works; and
+
+(3) that issuing the order would promote the purposes of this chapter
+and international comity with respect to the protection of mask works.
+
+(b) While an order under subsection (a) is in effect with respect to a
+foreign nation, no application for registration of a claim for
+protection in a mask work under this chapter may be denied solely
+because the owner of the mask work is a national, domiciliary, or
+sovereign authority of that foreign nation, or solely because the mask
+work was first commercially exploited in that foreign nation.
+
+(c) Any order issued by the Secretary of Commerce under subsection (a)
+shall be effective for such a period as the Secretary designates in the
+order, except that no such order may be effective after that date on
+which the authority of the Secretary of Commerce terminates under
+subsection (e). The effective date of any such order shall also be
+designated in the order. In the case of an order issued upon the
+petition of a person, such effective date may be no earlier than the
+date on which the Secretary receives such petition.
+
+(d)(1) Any order issued under this section shall terminate if-
+
+(A) the Secretary of Commerce finds that any of the conditions set forth
+in paragraphs (1), (2), and (3) of subsection (a) no longer exist; or
+
+(B) mask works of nationals, domiciliaries, and sovereign authorities of
+that foreign nation or mask works first commercially exploited in that
+foreign nation become eligible for protection under subparagraph (A) or
+(C) of section 902(a)(1).
+
+(2) Upon the termination or expiration of an order issued under this
+section, registrations of claims of protection in mask works made
+pursuant to that order shall remain valid for the period specified in
+section 904.
+
+(e) The authority of the Secretary of Commerce under this section shall
+commence on the date of the enactment of this chapter, and shall
+terminate on July 1, 1995.
+
+(f) (1) The Secretary of Commerce shall promptly notify the Register of
+Copyrights and the Committees on the Judiciary of the Senate and the
+House of Representatives of the issuance or termination of any order
+under this section, together with a statement of the reasons for such
+action. The Secretary shall also publish such notification and statement
+of reasons in the Federal Register.
+
+(2) Two years after the date of the enactment of this chapter, the
+Secretary of Commerce, in consultation with the Register of Copyrights,
+shall transmit to the Committees on the Judiciary of the Senate and the
+House of Representatives a report on the actions taken under this
+section and on the current status of international recognition of mask
+work protection. The report shall include such recommendation for
+modifications of the protection accorded under this chapter to mask
+works owned by nationals, domiciliaries, or sovereign authorities of
+foreign nations as the Secretary, in consultation with the Register of
+Copyrights, considers would promote the purposes of this chapter and
+international comity with respect to mask work protection. Not later
+than July 1, 1994, the Secretary of Commerce, in consultation with the
+Register of Copyrights, shall transmit to the Committees on the
+Judiciary of the Senate and the House of Representatives a report
+updating the matters contained in the report transmitted under the
+preceding sentence.
+
+------------------
+Chapter 9 Endnotes
+
+1  In 1984, the Semiconductor Chip Protection Act amended title 17 of
+the *United States Code *to add a new chapter 9 entitled "Protection of
+Semiconductor Chip Products." Pub. L. No. 98-620, 98 Stat. 3347.
+
+2  In 1997, the heading for section 903 in the table of sections was
+amended by adding ", transfer, licensure, and recordation" at the end
+thereof, in lieu of "and transfer." Pub. L. No. 105-80, 111 Stat. 1529,
+1535.
+
+3  In 1987, section 902 was amended by adding the last sentence in
+subsection (a)(2). Pub. L. No. 100-159, 101 Stat. 899, 900.
+
+4  In 1997, section 909 was amended by correcting misspellings in
+subsection (b)(1). Pub. L. No. 105-80, 111 Stat. 1529, 1535.
+
+5  In 1990, the Copyright Remedy Clarification Act amended section 910
+by adding the last two sentences to subsection (a). Pub. L. No. 101-553,
+104 Stat. 2749, 2750. In 1997, a technical correction amended section
+910(a) by capitalizing the first word of the second sentence. Pub. L.
+No. 105-80, 111 Stat. 1529 1535.
+
+6  In 1990, the Copyright Remedy Clarification Act amended section 911
+by adding subsection (g). Pub. L. No. 101-553, 104 Stat. 2749, 2750.
+
+7  In 1988, the Judicial Improvements and Access to Justice Act amended
+section 912 by deleting subsection (d) and redesignating subsection (e)
+as subsection (d). Pub. L. No. 100-702, 102 Stat. 4642, 4672. The Audio
+Home Recording Act of 1992 amended section 912 by inserting "or 10"
+after "8" in subsections (a) and (b). Pub. L. No. 102-563, 106 Stat.
+4237, 4248.
+
+8  In 1987, section 914 was amended in subsection (e) by inserting "on
+July 1, 1991" in lieu of "three years after such date of enactment" and
+by adding the last sentence to subsection (f)(2). Pub. L. No. 100-159,
+101 Stat. 899. The Semiconductor International Protection Extension Act
+of 1991 amended section 914 by inserting "or implementing" after
+"enacting" in the first sentence of subsection (a)(1)(B), by changing
+the date in subsection (e) to "July 1, 1995" and by changing the date in
+the last sentence of subsection (f)(2) to "July 1, 1994." Pub. L. No.
+102-64, 105 Stat. 320.
+
+On July 1, 1995, section 914 expired as required by subsection (e). It
+was rendered largely unnecessary upon the entry into force on January 1,
+1995, of the Agreement on Trade-Related Aspects of Intellectual Property
+Rights (TRIPs)(Annex 1C to the World Trade Organization (WTO)
+Agreement). Part II, section 6 of TRIPs protects semiconductor chip
+products and was the basis for Presidential Proclamation No. 6780, March
+23, 1995, under section 902(a)(2) extending protection to all present
+and future WTO members (34 countries as of February 10, 1999), as of
+January 1, 1996. See Part IV of the Appendix.
+
+For a discussion of Congressional findings regarding extending
+protection to semiconductor chip products of foreign entities, see Pub.
+L. No. 100-159, 101 Stat. 899, and the Semiconductor International
+Protection Extension Act of 1991, Pub. L. No. 102-64, 105 Stat. 320.5
+
+------------------------------------------------------------------------
+
+Chapter 10 [1]
+
+Digital Audio Recording Devices and Media
+
+  + Subchapter A--Definitions
+    + 1001. Definitions
+  + Subchapter B--Copying Controls
+    + 1002. Incorporation of copying controls
+  + Subchapter C--Royalty Payments
+    + 1003. Obligation to make royalty payments
+    + 1004. Royalty payments
+    + 1005. Deposit of royalty payments and deduction of expenses
+    + 1006. Entitlement to royalty payments
+    + 1007. Procedures for distributing royalty payments
+  + Subchapter D--Prohibition on Certain Infringement Actions, Remedies,
+    and Arbitration
+    + 1008. Prohibition on certain infringement actions
+    + 1009. Civil remedies
+    + 1010. Arbitration of certain disputes
+
+
+Subchapter A  Definitions
+
+
+Section 1001. Definitions
+
+As used in this chapter, the following terms have the following
+meanings:
+
+(1) A "digital audio copied recording" is a reproduction in a digital
+recording format of a digital musical recording, whether that
+reproduction is made directly from another digital musical recording or
+indirectly from a transmission.
+
+(2) A "digital audio interface device" is any machine or device that is
+designed specifically to communicate digital audio information and
+related interface data to a digital audio recording device through a
+nonprofessional interface.
+
+(3) A "digital audio recording device" is any machine or device of a
+type commonly distributed to individuals for use by individuals, whether
+or not included with or as part of some other machine or device, the
+digital recording function of which is designed or marketed for the
+primary purpose of, and that is capable of, making a digital audio
+copied recording for private use, except for-
+
+(A) professional model products, and
+
+(B) dictation machines, answering machines, and other audio recording
+equipment that is designed and marketed primarily for the creation of
+sound recordings resulting from the fixation of nonmusical sounds.
+
+(4)(A) A "digital audio recording medium" is any material object in a
+form commonly distributed for use by individuals, that is primarily
+marketed or most commonly used by consumers for the purpose of making
+digital audio copied recordings by use of a digital audio recording
+device.
+
+(B) Such term does not include any material object-
+
+(i) that embodies a sound recording at the time it is first distributed
+by the importer or manufacturer; or
+
+(ii) that is primarily marketed and most commonly used by consumers
+either for the purpose of making copies of motion pictures or other
+audiovisual works or for the purpose of making copies of nonmusical
+literary works, including computer programs or data bases.
+
+(5)(A) A "digital musical recording" is a material object-
+
+(i) in which are fixed, in a digital recording format, only sounds, and
+material, statements, or instructions incidental to those fixed sounds,
+if any, and
+
+(ii) from which the sounds and material can be perceived, reproduced, or
+otherwise communicated, either directly or with the aid of a machine or
+device.
+
+(B) A "digital musical recording" does not include a material object-
+
+(i) in which the fixed sounds consist entirely of spoken word
+recordings, or
+
+(ii) in which one or more computer programs are fixed, except that a
+digital musical recording may contain statements or instructions
+constituting the fixed sounds and incidental material, and statements or
+instructions to be used directly or indirectly in order to bring about
+the perception, reproduction, or communication of the fixed sounds and
+incidental material.
+
+(C) For purposes of this paragraph-
+
+(i) a "spoken word recording" is a sound recording in which are fixed
+only a series of spoken words, except that the spoken words may be
+accompanied by incidental musical or other sounds, and
+
+(ii) the term "incidental" means related to and relatively minor by
+comparison.
+
+(6) "Distribute" means to sell, lease, or assign a product to consumers
+in the United States, or to sell, lease, or assign a product in the
+United States for ultimate transfer to consumers in the United States.
+
+(7) An "interested copyright party" is-
+
+(A) the owner of the exclusive right under section 106(1) of this title
+to reproduce a sound recording of a musical work that has been embodied
+in a digital musical recording or analog musical recording lawfully made
+under this title that has been distributed;
+
+(B) the legal or beneficial owner of, or the person that controls, the
+right to reproduce in a digital musical recording or analog musical
+recording a musical work that has been embodied in a digital musical
+recording or analog musical recording lawfully made under this title
+that has been distributed;
+
+(C) a featured recording artist who performs on a sound recording that
+has been distributed; or
+
+(D) any association or other organization-
+
+(i) representing persons specified in subparagraph (A), (B), or (C), or
+
+(ii) engaged in licensing rights in musical works to music users on
+behalf of writers and publishers.
+
+(8) To "manufacture" means to produce or assemble a product in the
+United States. A "manufacturer" is a person who manufactures.
+
+(9) A "music publisher" is a person that is authorized to license the
+reproduction of a particular musical work in a sound recording.
+
+(10) A "professional model product" is an audio recording device that is
+designed, manufactured, marketed, and intended for use by recording
+professionals in the ordinary course of a lawful business, in accordance
+with such requirements as the Secretary of Commerce shall establish by
+regulation.
+
+(11) The term "serial copying" means the duplication in a digital format
+of a copyrighted musical work or sound recording from a digital
+reproduction of a digital musical recording. The term "digital
+reproduction of a digital musical recording" does not include a digital
+musical recording as distributed, by authority of the copyright owner,
+for ultimate sale to consumers.
+
+(12) The "transfer price" of a digital audio recording device or a
+digital audio recording medium-
+
+(A) is, subject to subparagraph (B)-
+
+(i) in the case of an imported product, the actual entered value at
+United States Customs (exclusive of any freight, insurance, and
+applicable duty), and
+
+(ii) in the case of a domestic product, the manufacturer's transfer
+price (FOB the manufacturer, and exclusive of any direct sales taxes or
+excise taxes incurred in connection with the sale); and
+
+(B) shall, in a case in which the transferor and transferee are related
+entities or within a single entity, not be less than a reasonable arms-
+length price under the principles of the regulations adopted pursuant to
+section 482 of the Internal Revenue Code of 1986, or any successor
+provision to such section.
+
+(13) A "writer" is the composer or lyricist of a particular musical
+work.
+
+
+
+Subchapter B-Copying Controls
+
+
+Section 1002. Incorporation of copying controls
+
+(a) Prohibition on Importation, Manufacture, and Distribution.  No person
+shall import, manufacture, or distribute any digital audio recording
+device or digital audio interface device that does not conform to-
+
+(1) the Serial Copy Management System;
+
+(2) a system that has the same functional characteristics as the Serial
+Copy Management System and requires that copyright and generation status
+information be accurately sent, received, and acted upon between devices
+using the system's method of serial copying regulation and devices using
+the Serial Copy Management System; or
+
+(3) any other system certified by the Secretary of Commerce as
+prohibiting unauthorized serial copying.
+
+(b) Development of Verification Procedure.  The Secretary of Commerce
+shall establish a procedure to verify, upon the petition of an
+interested party, that a system meets the standards set forth in
+subsection (a)(2).
+
+(c) Prohibition on Circumvention of the System.  No person shall import,
+manufacture, or distribute any device, or offer or perform any service,
+the primary purpose or effect of which is to avoid, bypass, remove,
+deactivate, or otherwise circumvent any program or circuit which
+implements, in whole or in part, a system described in subsection (a).
+
+(d) Encoding of Information on Digital Musical Recordings.
+
+(1) Prohibition on encoding inaccurate information.  No person shall
+encode a digital musical recording of a sound recording with inaccurate
+information relating to the category code, copyright status, or
+generation status of the source material for the recording.
+
+(2) Encoding of copyright status not required.  Nothing in this chapter
+requires any person engaged in the importation or manufacture of digital
+musical recordings to encode any such digital musical recording with
+respect to its copyright status.
+
+(e) Information Accompanying Transmission in Digital Format.  Any person
+who transmits or otherwise communicates to the public any sound
+recording in digital format is not required under this chapter to
+transmit or otherwise communicate the information relating to the
+copyright status of the sound recording. Any such person who does
+transmit or otherwise communicate such copyright status information
+shall transmit or communicate such information accurately.
+
+
+
+Subchapter C  Royalty Payments
+
+
+Section 1003. Obligation to make royalty payments
+
+(a) Prohibition on Importation and Manufacture.  No person shall import
+into and distribute, or manufacture and distribute, any digital audio
+recording device or digital audio recording medium unless such person
+records the notice specified by this section and subsequently deposits
+the statements of account and applicable royalty payments for such
+device or medium specified in section 1004.
+
+(b) Filing of Notice.  The importer or manufacturer of any digital audio
+recording device or digital audio recording medium, within a product
+category or utilizing a technology with respect to which such
+manufacturer or importer has not previously filed a notice under this
+subsection, shall file with the Register of Copyrights a notice with
+respect to such device or medium, in such form and content as the
+Register shall prescribe by regulation.
+
+(c) Filing of Quarterly and Annual Statements of Account.
+
+(1) Generally.  Any importer or manufacturer that distributes any digital
+audio recording device or digital audio recording medium that it
+manufactured or imported shall file with the Register of Copyrights, in
+such form and content as the Register shall prescribe by -regulation,
+such quarterly and annual statements of account with respect to such
+distribution as the Register shall prescribe by regulation.
+
+(2) Certification, verification, and confidentiality.  Each such
+statement shall be certified as accurate by an authorized officer or
+principal of the importer or manufacturer. The Register shall issue
+regulations to provide for the verification and audit of such statements
+and to protect the confidentiality of the information contained in such
+statements. Such regulations shall provide for the disclosure, in
+confidence, of such statements to interested copyright parties.
+
+(3) Royalty Payments.  Each such statement shall be accompanied by the
+royalty payments specified in section 1004.
+
+
+Section 1004. Royalty payments [2]
+
+(a) Digital Audio Recording Devices.
+
+(1) Amount of payment.  The royalty payment due under section 1003 for
+each digital audio recording device imported into and distributed in the
+United States, or manufactured and distributed in the United States,
+shall be 2 percent of the transfer price. Only the first person to
+manufacture and distribute or import and distribute such device shall be
+required to pay the royalty with respect to such device.
+
+(2) Calculation for devices distributed with other devices.  With respect
+to a digital audio recording device first distributed in combination
+with one or more devices, either as a physically integrated unit or as
+separate components, the royalty payment shall be calculated as follows:
+
+(A) If the digital audio recording device and such other devices are
+part of a physically integrated unit, the royalty payment shall be based
+on the transfer price of the unit, but shall be reduced by any royalty
+payment made on any digital audio recording device included within the
+unit that was not first distributed in combination with the unit.
+
+(B) If the digital audio recording device is not part of a physically
+integrated unit and substantially similar devices have been distributed
+separately at any time during the preceding 4 calendar quarters, the
+royalty payment shall be based on the average transfer price of such
+devices during those 4 quarters.
+
+(C) If the digital audio recording device is not part of a physically
+integrated unit and substantially similar devices have not been
+distributed separately at any time during the preceding 4 calendar
+quarters, the royalty payment shall be based on a constructed price
+reflecting the proportional value of such device to the combination as a
+whole.
+
+(3) Limits on royalties.  Notwithstanding paragraph (1) or (2), the
+amount of the royalty payment for each digital audio recording device
+shall not be less than $1 nor more than the royalty maximum. The royalty
+maximum shall be $8 per device, except that in the case of a physically
+integrated unit containing more than 1 digital audio recording device,
+the royalty maximum for such unit shall be $12. During the 6th year
+after the effective date of this chapter, and not more than once each
+year thereafter, any interested copyright party may petition the
+Librarian of Congress to increase the royalty maximum and, if more than
+20 percent of the royalty payments are at the relevant royalty maximum,
+the Librarian of Congress shall prospectively increase such royalty
+maximum with the goal of having no more than 10 percent of such payments
+at the new royalty maximum; however the amount of any such increase as a
+percentage of the royalty maximum shall in no event exceed the
+percentage increase in the Consumer Price Index during the period under
+review.
+
+(b) Digital Audio Recording Media.  The royalty payment due under section
+1003 for each digital audio recording medium imported into and
+distributed in the United States, or manufactured and distributed in the
+United States, shall be 3 percent of the transfer price. Only the first
+person to manufacture and distribute or import and distribute such
+medium shall be required to pay the royalty with respect to such medium.
+
+
+Section 1005. Deposit of royalty payments and deduction of expenses [3]
+
+The Register of Copyrights shall receive all royalty payments deposited
+under this chapter and, after deducting the reasonable costs incurred by
+the Copyright Office under this chapter, shall deposit the balance in
+the Treasury of the United States as offsetting receipts, in such manner
+as the Secretary of the Treasury directs. All funds held by the
+Secretary of the Treasury shall be invested in interest-bearing United
+States securities for later distribution with interest under section
+1007. The Register may, in the Register's discretion, 4 years after the
+close of any calendar year, close out the royalty payments account for
+that calendar year, and may treat any funds remaining in such account
+and any subsequent deposits that would otherwise be attributable to that
+calendar year as attributable to the succeeding calendar year.
+
+
+Section 1006. Entitlement to royalty payments [4]
+
+(a) Interested Copyright Parties.  The royalty payments deposited
+pursuant to section 1005 shall, in accordance with the procedures
+specified in section 1007, be distributed to any interested copyright
+party-
+
+(1) whose musical work or sound recording has been-
+
+(A) embodied in a digital musical recording or an analog musical
+recording lawfully made under this title that has been distributed, and
+
+(B) distributed in the form of digital musical recordings or analog
+musical recordings or disseminated to the public in transmissions,
+during the period to which such payments pertain; and
+
+(2) who has filed a claim under section 1007.
+
+(b) Allocation of Royalty Payments to Groups.  The royalty payments shall
+be divided into 2 funds as follows:
+
+(1) The sound recordings fund.  66 2/3 percent of the royalty payments
+shall be allocated to the Sound Recordings Fund. 2 5/8 percent of the
+royalty payments allocated to the Sound Recordings Fund shall be placed
+in an escrow account managed by an independent administrator jointly
+appointed by the interested copyright parties described in section
+1001(7)(A) and the American Federation of Musicians (or any successor
+entity) to be distributed to nonfeatured musicians (whether or not
+members of the American Federation of Musicians or any successor entity)
+who have performed on sound recordings distributed in the United States.
+1 3/8 percent of the royalty payments allocated to the Sound Recordings
+Fund shall be placed in an escrow account managed by an independent
+administrator jointly appointed by the interested copyright parties
+described in section 1001(7)(A) and the American Federation of
+Television and Radio Artists (or any successor entity) to be distributed
+to nonfeatured vocalists (whether or not members of the American
+Federation of Television and Radio Artists or any successor entity) who
+have performed on sound recordings distributed in the United States. 40
+percent of the remaining royalty payments in the Sound Recordings Fund
+shall be distributed to the interested copyright parties described in
+section 1001(7)(C), and 60 percent of such remaining royalty payments
+shall be distributed to the interested copyright parties described in
+section 1001(7)(A).
+
+(2) The musical works fund.
+
+(A) 33 1/3 percent of the royalty payments shall be allocated to the
+Musical Works Fund for distribution to interested copyright parties
+described in section 1001(7)(B).
+
+(B)(i) Music publishers shall be entitled to 50 percent of the royalty
+payments allocated to the Musical Works Fund.
+
+(ii) Writers shall be entitled to the other 50 percent of the royalty
+payments allocated to the Musical Works Fund.
+
+(c) Allocation of Royalty Payments Within Groups.  If all interested
+copyright parties within a group specified in subsection (b) do not
+agree on a voluntary proposal for the distribution of the royalty
+payments within each group, the Librarian of Congress shall convene a
+copyright arbitration royalty panel which shall, pursuant to the
+procedures specified under section 1007(c), allocate royalty payments
+under this section based on the extent to which, during the relevant
+period-
+
+(1) for the Sound Recordings Fund, each sound recording was distributed
+in the form of digital musical recordings or analog musical recordings;
+and
+
+(2) for the Musical Works Fund, each musical work was distributed in the
+form of digital musical recordings or analog musical recordings or
+disseminated to the public in transmissions.
+
+
+Section 1007. Procedures for distributing royalty payments [5]
+
+(a) Filing of Claims and Negotiations.
+
+(1) Filing of claims.  During the first 2 months of each calendar year
+after calendar year 1992, every interested copyright party seeking to
+receive royalty payments to which such party is entitled under section
+1006 shall file with the Librarian of Congress a claim for payments
+collected during the preceding year in such form and manner as the
+Librarian of Congress shall prescribe by regulation.
+
+(2) Negotiations.  Notwithstanding any provision of the antitrust laws,
+for purposes of this section interested copyright parties within each
+group specified in section 1006(b) may agree among themselves to the
+proportionate division of royalty payments, may lump their claims
+together and file them jointly or as a single claim, or may designate a
+common agent, including any organization described in section 1001(7)
+(D), to negotiate or receive payment on their behalf; except that no
+agreement under this subsection may modify the allocation of royalties
+specified in section 1006(b).
+
+(b) Distribution of Payments in the Absence of a Dispute.  After the
+period established for the filing of claims under subsection (a), in
+each year after 1992, the Librarian of Congress shall determine whether
+there exists a controversy concerning the distribution of royalty
+payments under section 1006(c). If the Librarian of Congress determines
+that no such controversy exists, the Librarian of Congress shall, within
+30 days after such determination, authorize the distribution of the
+royalty payments as set forth in the agreements regarding the
+distribution of royalty payments entered into pursuant to subsection
+(a), after deducting its reasonable administrative costs under this
+section.
+
+(c) Resolution of Disputes.  If the Librarian of Congress finds the
+existence of a controversy, the Librarian shall, pursuant to chapter 8
+of this title, convene a copyright arbitration royalty panel to
+determine the distribution of royalty payments. During the pendency of
+such a proceeding, the Librarian of Congress shall withhold from
+distribution an amount sufficient to satisfy all claims with respect to
+which a controversy exists, but shall, to the extent feasible, authorize
+the distribution of any amounts that are not in controversy. The
+Librarian of Congress shall, before authorizing the distribution of such
+royalty payments, deduct the reasonable administrative costs incurred by
+the Librarian under this section.
+
+
+
+Subchapter D - Prohibition on Certain Infringement Actions, Remedies,
+and Arbitration
+
+
+Section 1008. Prohibition on certain infringement actions
+
+No action may be brought under this title alleging infringement of
+copyright based on the manufacture, importation, or distribution of a
+digital audio recording device, a digital audio recording medium, an
+analog recording device, or an analog recording medium, or based on the
+noncommercial use by a consumer of such a device or medium for making
+digital musical recordings or analog musical recordings.
+
+
+Section 1009. Civil remedies
+
+(a) Civil Actions.  Any interested copyright party injured by a violation
+of section 1002 or 1003 may bring a civil action in an appropriate
+United States district court against any person for such violation.
+
+(b) Other Civil Actions.  Any person injured by a violation of this
+chapter may bring a civil action in an appropriate United States
+district court for actual damages incurred as a result of such
+violation.
+
+(c) Powers of the Court.  In an action brought under subsection (a), the
+court-
+
+(1) may grant temporary and permanent injunctions on such terms as it
+deems reasonable to prevent or restrain such violation;
+
+(2) in the case of a violation of section 1002, or in the case of an
+injury resulting from a failure to make royalty payments required by
+section 1003, shall award damages under subsection (d);
+
+(3) in its discretion may allow the recovery of costs by or against any
+party other than the United States or an officer thereof; and
+
+(4) in its discretion may award a reasonable attorney's fee to the
+prevailing party.
+
+(d) Award of Damages.
+
+(1) Damages for section 1002 or 1003 violations.
+
+(A) Actual damages.
+
+(i) In an action brought under subsection (a), if the court finds that a
+violation of section 1002 or 1003 has occurred, the court shall award to
+the complaining party its actual damages if the complaining party elects
+such damages at any time before final judgment is entered.
+
+(ii) In the case of section 1003, actual damages shall constitute the
+royalty payments that should have been paid under section 1004 and
+deposited under section 1005. In such a case, the court, in its
+discretion, may award an additional amount of not to exceed 50 percent
+of the actual damages.
+
+(B) Statutory damages for section 1002 violations.
+
+(i) Device.  A complaining party may recover an award of statutory
+damages for each violation of section 1002(a) or (c) in the sum of not
+more than $2,500 per device involved in such violation or per device on
+which a service prohibited by section 1002(c) has been performed, as the
+court considers just.
+
+(ii) Digital musical recording.  A complaining party may recover an award
+of statutory damages for each violation of section 1002(d) in the sum of
+not more than $25 per digital musical recording involved in such
+violation, as the court considers just.
+
+(iii) Transmission.  A complaining party may recover an award of damages
+for each transmission or communication that violates section 1002(e) in
+the sum of not more than $10,000, as the court considers just.
+
+(2) Repeated violations.  In any case in which the court finds that a
+person has violated section 1002 or 1003 within 3 years after a final
+judgment against that person for another such violation was entered, the
+court may increase the award of damages to not more than double the
+amounts that would otherwise be awarded under paragraph (1), as the
+court considers just.
+
+(3) Innocent violations of section 1002.  The court in its discretion may
+reduce the total award of damages against a person violating section
+1002 to a sum of not less than $250 in any case in which the court finds
+that the violator was not aware and had no reason to believe that its
+acts constituted a violation of section 1002.
+
+(e) Payment of Damages.  Any award of damages under subsection (d) shall
+be deposited with the Register pursuant to section 1005 for distribution
+to interested copyright parties as though such funds were royalty
+payments made pursuant to section 1003.
+
+(f) Impounding of Articles.  At any time while an action under subsection
+(a) is pending, the court may order the impounding, on such terms as it
+deems reasonable, of any digital audio recording device, digital musical
+recording, or device specified in section 1002(c) that is in the custody
+or control of the alleged violator and that the court has reasonable
+cause to believe does not comply with, or was involved in a violation
+of, section 1002.
+
+(g) Remedial Modification and Destruction of Articles.  In an action
+brought under subsection (a), the court may, as part of a final judgment
+or decree finding a violation of section 1002, order the remedial
+modification or the destruction of any digital audio recording device,
+digital musical recording, or device specified in section 1002(c) that-
+
+(1) does not comply with, or was involved in a violation of, section
+1002, and
+
+(2) is in the custody or control of the violator or has been impounded
+under subsection (f).
+
+
+Section 1010. Arbitration of certain disputes [6]
+
+(a) Scope of Arbitration.  Before the date of first distribution in the
+United States of a digital audio recording device or a digital audio
+interface device, any party manufacturing, importing, or distributing
+such device, and any interested copyright party may mutually agree to
+binding arbitration for the purpose of determining whether such device
+is subject to section 1002, or the basis on which royalty payments for
+such device are to be made under section 1003.
+
+(b) Initiation of Arbitration Proceedings.  Parties agreeing to such
+arbitration shall file a petition with the Librarian of Congress
+requesting the commencement of an arbitration proceeding. The petition
+may include the names and qualifications of potential arbitrators.
+Within 2 weeks after receiving such a petition, the Librarian of
+Congress shall cause notice to be published in the Federal Register of
+the initiation of an arbitration proceeding. Such notice shall include
+the names and qualifications of 3 arbitrators chosen by the Librarian of
+Congress from a list of available arbitrators obtained from the American
+Arbitration Association or such similar organization as the Librarian of
+Congress shall select, and from potential arbitrators listed in the
+parties' petition. The arbitrators selected under this subsection shall
+constitute an Arbitration Panel.
+
+(c) Stay of Judicial Proceedings.  Any civil action brought under section
+1009 against a party to arbitration under this section shall, on
+application of one of the parties to the arbitration, be stayed until
+completion of the arbitration proceeding.
+
+(d) Arbitration Proceeding.  The Arbitration Panel shall conduct an
+arbitration proceeding with respect to the matter concerned, in
+accordance with such procedures as it may adopt. The Panel shall act on
+the basis of a fully documented written record. Any party to the
+arbitration may submit relevant information and proposals to the Panel.
+The parties to the proceeding shall bear the entire cost thereof in such
+manner and proportion as the Panel shall direct.
+
+(e) Report to the Librarian of Congress.  Not later than 60 days after
+publication of the notice under subsection (b) of the initiation of an
+arbitration proceeding, the Arbitration Panel shall report to the
+Librarian of Congress its determination concerning whether the device
+concerned is subject to section 1002, or the basis on which royalty
+payments for the device are to be made under section 1003. Such report
+shall be accompanied by the written record, and shall set forth the
+facts that the Panel found relevant to its determination.
+
+(f) Action by the Librarian of Congress.  Within 60 days after receiving
+the report of the Arbitration Panel under subsection (e), the Librarian
+of Congress shall adopt or reject the determination of the Panel. The
+Librarian of Congress shall adopt the determination of the Panel unless
+the Librarian of Congress finds that the determination is clearly
+erroneous. If the Librarian of Congress rejects the determination of the
+Panel, the Librarian of Congress shall, before the end of that 60-day
+period, and after full examination of the record created in the
+arbitration proceeding, issue an order setting forth the Librarian's
+decision and the reasons therefor. The Librarian of Congress shall cause
+to be published in the Federal Register the determination of the Panel
+and the decision of the Librarian of Congress under this subsection with
+respect to the determination (including any order issued under the
+preceding sentence).
+
+(g) Judicial Review.  Any decision of the Librarian of Congress under
+subsection (f) with respect to a determination of the Arbitration Panel
+may be appealed, by a party to the arbitration, to the United States
+Court of Appeals for the District of Columbia Circuit, within 30 days
+after the publication of the decision in the Federal Register. The
+pendency of an appeal under this subsection shall not stay the decision
+of the Librarian of Congress. The court shall have jurisdiction to
+modify or vacate a decision of the Librarian of Congress only if it
+finds, on the basis of the record before the Librarian of Congress, that
+the Arbitration Panel or the Librarian of Congress acted in an arbitrary
+manner. If the court modifies the decision of the Librarian of Congress,
+the court shall have jurisdiction to enter its own decision in
+accordance with its final judgment. The court may further vacate the
+decision of the Librarian of Congress and remand the case for
+arbitration proceedings as provided in this section.
+
+-------------------
+Chapter 10 Endnotes
+
+1  The Audio Home Recording Act of 1992 added chapter 10, entitled
+"Digital Audio Recording Devices and Media," to title 17. Pub. L. No.
+102-563, 106 Stat. 4237.
+
+2  The Copyright Royalty Tribunal Reform Act of 1993 amended section
+1004(a)(3) by substituting "Librarian of Congress" in lieu of "Copyright
+Royalty Tribunal," where appropriate. Pub. L. No. 103-198, 107 Stat.
+2304, 2312.
+
+3  The Copyright Royalty Tribunal Reform Act of 1993 amended section
+1005 by striking the last sentence which began "The Register shall
+submit to the Copyright Royalty Tribunal." Pub. L. No. 103-198, 107
+Stat. 2304, 2312.
+
+4  The Copyright Royalty Tribunal Reform Act of 1993 amended section
+1006(c) by substituting "Librarian of Congress" in lieu of "Copyright
+Royalty Tribunal," where appropriate. Pub. L. No. 103-198, 107 Stat.
+2304, 2312. In 1997, section 1006(b)(1) was amended to insert
+"Federation of Television" in lieu of "Federation Television" wherever
+it appeared. Pub. L. No. 105-80, 111 Stat. 1529, 1535.
+
+5  The Copyright Royalty Tribunal Reform Act of 1993 amended section
+1007 by substituting "Librarian of Congress" in lieu of "Copyright
+Royalty Tribunal" or "Tribunal," where appropriate, by amending the
+first sentence in subsection (c) and by inserting "the reasonable
+administrative costs incurred by the Librarian" in the last sentence of
+subsection (c), in lieu of "its reasonable administrative costs." Pub.
+L. No. 103-198, 107 Stat. 2304, 2312.
+
+In 1997, section 1007 was amended, in subsection (a)(1), by inserting
+"calendar year 1992" in lieu of "the calendar year in which this chapter
+takes effect" and, in subsection (b), by inserting "1992" in lieu of
+"the year in which this section takes effect," and also in subsection
+(b), by inserting "After" in lieu of "Within 30 days after." Pub. L. No.
+105-80, 111 Stat. 1529, 1534 and 1535.
+
+6  The Copyright Royalty Tribunal Reform Act of 1993 amended section
+1010 by substituting "Librarian of Congress" in lieu of "Copyright
+Royalty Tribunal" or "Tribunal," where appropriate, and by inserting
+"Librarian's" in lieu of "its." Pub. L. No. 103-198, 107 Stat. 2304,
+2312. That Act, which established copyright arbitration royalty panels,
+states that "[a]ll royalty rates and all determinations with respect to
+the proportionate division of compulsory license fees among copyright
+claimants, whether made by the Copyright Royalty Tribunal, or by
+voluntary agreement, before the effective date set forth in subsection
+(a) [December 17, 1993] shall remain in effect until modified by
+voluntary agreement or pursuant to the amendments made by this Act."
+Pub. L. No. 103-198, 107 Stat. 2304, 2313.
+
+------------------------------------------------------------------------
+
+Chapter 11 [1]
+
+Sound Recordings and Music Videos
+
+  + 1101. Unauthorized fixation and trafficking in sound recordings and
+          music videos
+
+
+Section 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.
+
+------------------
+Chapter 11 Endnote
+
+1  In 1994, the Uruguay Round Agreements Act added chapter 11, entitled
+"Sound Recordings and Music Videos," to title 17. Pub. L. No. 103-465,
+108 Stat. 4809, 4974.
+
+------------------------------------------------------------------------
+
+Chapter 12 [1] Copyright Protection and Management Systems
+
+  + 1201. Circumvention of copyright protection systems
+  + 1202. Integrity of copyright management information
+  + 1203. Civil remedies
+  + 1204. Criminal offenses and penalties
+  + 1205. Savings clause
+
+
+Section 1201. Circumvention of copyright protection systems [2]
+
+(a) Violations Regarding Circumvention of Technological Measures.  (1)(A)
+No person shall circumvent a technological measure that effectively
+controls access to a work protected under this title. The prohibition
+contained in the preceding sentence shall take effect at the end of the
+2-year period beginning on the date of the enactment of this chapter.
+
+(B) The prohibition contained in subparagraph (A) shall not apply to
+persons who are users of a copyrighted work which is in a particular
+class of works, if such persons are, or are likely to be in the
+succeeding 3-year period, adversely affected by virtue of such
+prohibition in their ability to make noninfringing uses of that
+particular class of works under this title, as determined under
+subparagraph (C).
+
+(C) During the 2-year period described in subparagraph (A), and during
+each succeeding 3-year period, the Librarian of Congress, upon the
+recommendation of the Register of Copyrights, who shall consult with the
+Assistant Secretary for Communications and Information of the Department
+of Commerce and report and comment on his or her views in making such
+recommendation, shall make the determination in a rulemaking proceeding
+for purposes of subparagraph (B) of whether persons who are users of a
+copyrighted work are, or are likely to be in the succeeding 3-year
+period, adversely affected by the prohibition under subparagraph (A) in
+their ability to make noninfringing uses under this title of a
+particular class of copyrighted works. In conducting such rule-making,
+the Librarian shall examine-
+
+(i) the availability for use of copyrighted works;
+
+(ii) the availability for use of works for nonprofit archival,
+preservation, and educational purposes;
+
+(iii) the impact that the prohibition on the circumvention of
+technological measures applied to copyrighted works has on criticism,
+comment, news reporting, teaching, scholarship, or research;
+
+(iv) the effect of circumvention of technological measures on the market
+for or value of copyrighted works; and
+
+(v) such other factors as the Librarian considers appropriate.
+
+(D) The Librarian shall publish any class of copyrighted works for which
+the Librarian has determined, pursuant to the rulemaking conducted under
+subparagraph (C), that noninfringing uses by persons who are users of a
+copyrighted work are, or are likely to be, adversely affected, and the
+prohibition contained in subparagraph (A) shall not apply to such users
+with respect to such class of works for the ensuing 3-year period.
+
+(E) Neither the exception under subparagraph (B) from the applicability
+of the prohibition contained in subparagraph (A), nor any determination
+made in a rulemaking conducted under subparagraph (C), may be used as a
+defense in any action to enforce any provision of this title other than
+this paragraph.
+
+(2) No person shall manufacture, import, offer to the public, provide,
+or otherwise traffic in any technology, product, service, device,
+component, or part thereof, that-
+
+(A) is primarily designed or produced for the purpose of circumventing a
+technological measure that effectively controls access to a work
+protected under this title;
+
+(B) has only limited commercially significant purpose or use other than
+to circumvent a technological measure that effectively controls access
+to a work protected under this title; or
+
+(C) is marketed by that person or another acting in concert with that
+person with that person's knowledge for use in circumventing a
+technological measure that effectively controls access to a work
+protected under this title.
+
+(3) As used in this subsection-
+
+(A) to "circumvent a technological measure" means to descramble a
+scrambled work, to decrypt an encrypted work, or otherwise to avoid,
+bypass, remove, deactivate, or impair a technological measure, without
+the authority of the copyright owner; and
+
+(B) a technological measure "effectively controls access to a work" if
+the measure, in the ordinary course of its operation, requires the
+application of information, or a process or a treatment, with the
+authority of the copyright owner, to gain access to the work.
+
+(b) Additional Violations.  (1) No person shall manufacture, import,
+offer to the public, provide, or otherwise traffic in any technology,
+product, service, device, component, or part thereof, that-
+
+(A) is primarily designed or produced for the purpose of circumventing
+protection afforded by a technological measure that effectively protects
+a right of a copyright owner under this title in a work or a portion
+thereof;
+
+(B) has only limited commercially significant purpose or use other than
+to circumvent protection afforded by a technological measure that
+effectively protects a right of a copyright owner under this title in a
+work or a portion thereof; or
+
+(C) is marketed by that person or another acting in concert with that
+person with that person's knowledge for use in circumventing protection
+afforded by a technological measure that effectively protects a right of
+a copyright owner under this title in a work or a portion thereof.
+
+(2) As used in this subsection-
+
+(A) to "circumvent protection afforded by a technological measure" means
+avoiding, bypassing, removing, deactivating, or otherwise impairing a
+technological measure; and
+
+(B) a technological measure "effectively protects a right of a copyright
+owner under this title" if the measure, in the ordinary course of its
+operation, prevents, restricts, or otherwise limits the exercise of a
+right of a copyright owner under this title.
+
+(c) Other Rights, Etc., Not Affected.  (1) Nothing in this section shall
+affect rights, remedies, limitations, or defenses to copyright
+infringement, including fair use, under this title.
+
+(2) Nothing in this section shall enlarge or diminish vicarious or
+contributory liability for copyright infringement in connection with any
+technology, product, service, device, component, or part thereof.
+
+(3) Nothing in this section shall require that the design of, or design
+and selection of parts and components for, a consumer electronics,
+telecommunications, or computing product provide for a response to any
+particular technological measure, so long as such part or component, or
+the product in which such part or component is integrated, does not
+otherwise fall within the prohibitions of subsection (a)(2) or (b)(1).
+
+(4) Nothing in this section shall enlarge or diminish any rights of free
+speech or the press for activities using consumer electronics,
+telecommunications, or computing products.
+
+(d) Exemption for Nonprofit Libraries, Archives, and Educational
+Institutions.
+
+(1) A nonprofit library, archives, or educational institution which
+gains access to a commercially exploited copyrighted work solely in
+order to make a good faith determination of whether to acquire a copy of
+that work for the sole purpose of engaging in conduct permitted under
+this title shall not be in violation of subsection (a)(1)(A). A copy of
+a work to which access has been gained under this paragraph-
+
+(A) may not be retained longer than necessary to make such good faith
+determination; and
+
+(B) may not be used for any other purpose.
+
+(2) The exemption made available under paragraph (1) shall only apply
+with respect to a work when an identical copy of that work is not
+reasonably available in another form.
+
+(3) A nonprofit library, archives, or educational institution that
+willfully for the purpose of commercial advantage or financial gain
+violates paragraph (1)-
+
+(A) shall, for the first offense, be subject to the civil remedies under
+section 1203; and
+
+(B) shall, for repeated or subsequent offenses, in addition to the civil
+remedies under section 1203, forfeit the exemption provided under
+paragraph (1).
+
+(4) This subsection may not be used as a defense to a claim under
+subsection (a)(2) or (b), nor may this subsection permit a nonprofit
+library, archives, or educational institution to manufacture, import,
+offer to the public, provide, or otherwise traffic in any technology,
+product, service, component, or part thereof, which circumvents a
+technological measure.
+
+(5) In order for a library or archives to qualify for the exemption
+under this subsection, the collections of that library or archives shall
+be-
+
+(A) open to the public; or
+
+(B) available not only to researchers affiliated with the library or
+archives or with the institution of which it is a part, but also to
+other persons doing research in a specialized field.
+
+(e) Law Enforcement, Intelligence, and Other Government Activities.  This
+section does not prohibit any lawfully authorized investigative,
+protective, information security, or intelligence activity of an
+officer, agent, or employee of the United States, a State, or a
+political subdivision of a State, or a person acting pursuant to a
+contract with the United States, a State, or a political subdivision of
+a State. For purposes of this subsection, the term "information
+security" means activities carried out in order to identify and address
+the vulnerabilities of a government computer, computer system, or
+computer network.
+
+(f) Reverse Engineering.  (1) Notwithstanding the provisions of
+subsection (a)(1)(A), a person who has lawfully obtained the right to
+use a copy of a computer program may circumvent a technological measure
+that effectively controls access to a particular portion of that program
+for the sole purpose of identifying and analyzing those elements of the
+program that are necessary to achieve interoperability of an
+independently created computer program with other programs, and that
+have not previously been readily available to the person engaging in the
+circumvention, to the extent any such acts of identification and
+analysis do not constitute infringement under this title.
+
+(2) Notwithstanding the provisions of subsections (a)(2) and (b), a
+person may develop and employ technological means to circumvent a
+technological measure, or to circumvent protection afforded by a
+technological measure, in order to enable the identification and
+analysis under paragraph (1), or for the purpose of enabling
+interoperability of an independently created computer program with other
+programs, if such means are necessary to achieve such interoperability,
+to the extent that doing so does not constitute infringement under this
+title.
+
+(3) The information acquired through the acts permitted under paragraph
+(1), and the means permitted under paragraph (2), may be made available
+to others if the person referred to in paragraph (1) or (2), as the case
+may be, provides such information or means solely for the purpose of
+enabling interoperability of an independently created computer program
+with other programs, and to the extent that doing so does not constitute
+infringement under this title or violate applicable law other than this
+section.
+
+(4) For purposes of this subsection, the term "interoperability" means
+the ability of computer programs to exchange information, and of such
+programs mutually to use the information which has been exchanged.
+
+(g) Encryption Research.
+
+(1) Definitions.  For purposes of this subsection-
+
+(A) the term "encryption research" means activities necessary to
+identify and analyze flaws and vulnerabilities of encryption
+technologies applied to copyrighted works, if these activities are
+conducted to advance the state of knowledge in the field of encryption
+technology or to assist in the development of encryption products; and
+
+(B) the term "encryption technology" means the scrambling and
+descrambling of information using mathematical formulas or algorithms.
+
+(2) Permissible Acts of Encryption Research.  Notwithstanding the
+provisions of subsection (a)(1)(A), it is not a violation of that
+subsection for a person to circumvent a technological measure as applied
+to a copy, phonorecord, performance, or display of a published work in
+the course of an act of good faith encryption research if-
+
+(A) the person lawfully obtained the encrypted copy, phonorecord,
+performance, or display of the published work;
+
+(B) such act is necessary to conduct such encryption research;
+
+(C) the person made a good faith effort to obtain authorization before
+the circumvention; and
+
+(D) such act does not constitute infringement under this title or a
+violation of applicable law other than this section, including section
+1030 of title 18 and those provisions of title 18 amended by the
+Computer Fraud and Abuse Act of 1986.
+
+(3) Factors in Determining Exemption.  In determining whether a person
+qualifies for the exemption under paragraph (2), the factors to be
+considered shall include-
+
+(A) whether the information derived from the encryption research was
+disseminated, and if so, whether it was disseminated in a manner
+reasonably calculated to advance the state of knowledge or development
+of encryption technology, versus whether it was disseminated in a manner
+that facilitates infringement under this title or a violation of
+applicable law other than this section, including a violation of privacy
+or breach of security;
+
+(B) whether the person is engaged in a legitimate course of study, is
+employed, or is appropriately trained or experienced, in the field of
+encryption technology; and
+
+(C) whether the person provides the copyright owner of the work to which
+the technological measure is applied with notice of the findings and
+documentation of the research, and the time when such notice is
+provided.
+
+(4) Use of Technological Means for Research Activities.   Notwithstanding
+the provisions of subsection (a)(2), it is not a violation of that
+subsection for a person to-
+
+(A) develop and employ technological means to circumvent a technological
+measure for the sole purpose of that person performing the acts of good
+faith encryption research described in paragraph (2); and
+
+(B) provide the technological means to another person with whom he or
+she is working collaboratively for the purpose of conducting the acts of
+good faith encryption research described in paragraph (2) or for the
+purpose of having that other person verify his or her acts of good faith
+encryption research described in paragraph (2).
+
+(5) Report to Congress.  Not later than 1 year after the date of the
+enactment of this chapter, the Register of Copyrights and the Assistant
+Secretary for Communications and Information of the Department of
+Commerce shall jointly report to the Congress on the effect this
+subsection has had on-
+
+(A) encryption research and the development of encryption technology;
+
+(B) the adequacy and effectiveness of technological measures designed to
+protect copyrighted works; and
+
+(C) protection of copyright owners against the unauthorized access to
+their encrypted copyrighted works.
+
+The report shall include legislative recommendations, if any.
+
+(h) Exceptions Regarding Minors.  In applying subsection (a) to a
+component or part, the court may consider the necessity for its intended
+and actual incorporation in a technology, product, service, or device,
+which-
+
+(1) does not itself violate the provisions of this title; and
+
+(2) has the sole purpose to prevent the access of minors to material on
+the Internet.
+
+(i) Protection of Personally Identifying Information.
+
+(1) Circumvention Permitted.  Notwithstanding the provisions of
+subsection (a)(1)(A), it is not a violation of that subsection for a
+person to circumvent a technological measure that effectively controls
+access to a work protected under this title, if-
+
+(A) the technological measure, or the work it protects, contains the
+capability of collecting or disseminating personally identifying
+information reflecting the online activities of a natural person who
+seeks to gain access to the work protected;
+
+(B) in the normal course of its operation, the technological measure, or
+the work it protects, collects or disseminates personally identifying
+information about the person who seeks to gain access to the work
+protected, without providing conspicuous notice of such collection or
+dissemination to such person, and without providing such person with the
+capability to prevent or restrict such collection or dissemination;
+
+(C) the act of circumvention has the sole effect of identifying and
+disabling the capability described in subparagraph (A), and has no other
+effect on the ability of any person to gain access to any work; and
+
+(D) the act of circumvention is carried out solely for the purpose of
+preventing the collection or dissemination of personally identifying
+information about a natural person who seeks to gain access to the work
+protected, and is not in violation of any other law.
+
+(2) Inapplicability to Certain Technological Measures.
+
+This subsection does not apply to a technological measure, or a work it
+protects, that does not collect or disseminate personally identifying
+information and that is disclosed to a user as not having or using such
+capability.
+
+(j) Security Testing.
+
+(1) Definition.  For purposes of this subsection, the term "security
+testing" means accessing a computer, computer system, or computer
+network, solely for the purpose of good faith testing, investigating, or
+correcting, a security flaw or vulnerability, with the authorization of
+the owner or operator of such computer, computer system, or computer
+network.
+
+(2) Permissible Acts of Security Testing.  Notwithstanding the provisions
+of subsection (a)(1)(A), it is not a violation of that subsection for a
+person to engage in an act of security testing, if such act does not
+constitute infringement under this title or a violation of applicable
+law other than this section, including section 1030 of title 18 and
+those provisions of title 18 amended by the Computer Fraud and Abuse Act
+of 1986.
+
+(3) Factors in Determining Exemption.  In determining whether a person
+qualifies for the exemption under paragraph (2), the factors to be
+considered shall include-
+
+(A) whether the information derived from the security testing was used
+solely to promote the security of the owner or operator of such
+computer, computer system or computer network, or shared directly with
+the developer of such computer, computer system, or computer network;
+and
+
+(B) whether the information derived from the security testing was used
+or maintained in a manner that does not facilitate infringement under
+this title or a violation of applicable law other than this section,
+including a violation of privacy or breach of security.
+
+(4) Use of Technological Means for Security Testing.   Notwithstanding
+the provisions of subsection (a)(2), it is not a violation of that
+subsection for a person to develop, produce, distribute or employ
+technological means for the sole purpose of performing the acts of
+security testing described in subsection (2), provided such
+technological means does not otherwise violate section (a)(2).
+
+(k) Certain Analog Devices and Certain Technological Measures.
+
+(1) Certain Analog Devices.
+
+(A) Effective 18 months after the date of the enactment of this chapter,
+no person shall manufacture, import, offer to the public, provide or
+otherwise traffic in any-
+
+(i) VHS format analog video cassette recorder unless such recorder
+conforms to the automatic gain control copy control technology;
+
+(ii) 8mm format analog video cassette camcorder unless such camcorder
+conforms to the automatic gain control technology;
+
+(iii) Beta format analog video cassette recorder, unless such recorder
+conforms to the automatic gain control copy control technology, except
+that this requirement shall not apply until there are 1,000 Beta format
+analog video cassette recorders sold in the United States in any one
+calendar year after the date of the enactment of this chapter;
+
+(iv) 8mm format analog video cassette recorder that is not an analog
+video cassette camcorder, unless such recorder conforms to the automatic
+gain control copy control technology, except that this requirement shall
+not apply until there are 20,000 such recorders sold in the United
+States in any one calendar year after the date of the enactment of this
+chapter; or
+
+(v) analog video cassette recorder that records using an NTSC format
+video input and that is not otherwise covered under clauses (i) through
+(iv), unless such device conforms to the automatic gain control copy
+control technology.
+
+(B) Effective on the date of the enactment of this chapter, no person
+shall manufacture, import, offer to the public, provide or otherwise
+traffic in-
+
+(i) any VHS format analog video cassette recorder or any 8mm format
+analog video cassette recorder if the design of the model of such
+recorder has been modified after such date of enactment so that a model
+of recorder that previously conformed to the automatic gain control copy
+control technology no longer conforms to such technology; or
+
+(ii) any VHS format analog video cassette recorder, or any 8mm format
+analog video cassette recorder that is not an 8mm analog video cassette
+camcorder, if the design of the model of such recorder has been modified
+after such date of enactment so that a model of recorder that previously
+conformed to the four-line colorstripe copy control technology no longer
+conforms to such technology.
+
+Manufacturers that have not previously manufactured or sold a VHS format
+analog video cassette recorder, or an 8mm format analog cassette
+recorder, shall be required to conform to the four-line colorstripe copy
+control technology in the initial model of any such recorder
+manufactured after the date of the enactment of this chapter, and
+thereafter to continue conforming to the four-line colorstripe copy
+control technology. For purposes of this subparagraph, an analog video
+cassette recorder "conforms to" the four-line colorstripe copy control
+technology if it records a signal that, when played back by the playback
+function of that recorder in the normal viewing mode, exhibits, on a
+reference display device, a display containing distracting visible lines
+through portions of the viewable picture.
+
+(2) Certain Encoding Restrictions.  No person shall apply the automatic
+gain control copy control technology or colorstripe copy control
+technology to prevent or limit consumer copying except such copying-
+
+(A) of a single transmission, or specified group of transmissions, of
+live events or of audiovisual works for which a member of the public has
+exercised choice in selecting the transmissions, including the content
+of the transmissions or the time of receipt of such transmissions, or
+both, and as to which such member is charged a separate fee for each
+such transmission or specified group of transmissions;
+
+(B) from a copy of a transmission of a live event or an audiovisual work
+if such transmission is provided by a channel or service where payment
+is made by a member of the public for such channel or service in the
+form of a subscription fee that entitles the member of the public to
+receive all of the programming contained in such channel or service;
+
+(C) from a physical medium containing one or more prerecorded
+audiovisual works; or
+
+(D) from a copy of a transmission described in subparagraph (A) or from
+a copy made from a physical medium described in subparagraph (C).
+
+In the event that a transmission meets both the conditions set forth in
+subparagraph (A) and those set forth in subparagraph (B), the
+transmission shall be treated as a transmission described in
+subparagraph (A).
+
+(3) Inapplicability.  This subsection shall not-
+
+(A) require any analog video cassette camcorder to conform to the
+automatic gain control copy control technology with respect to any video
+signal received through a camera lens;
+
+(B) apply to the manufacture, importation, offer for sale, provision of,
+or other trafficking in, any professional analog video cassette
+recorder; or
+
+(C) apply to the offer for sale or provision of, or other trafficking
+in, any previously owned analog video cassette recorder, if such
+recorder was legally manufactured and sold when new and not subsequently
+modified in violation of paragraph (1)(B).
+
+(4) Definitions.  For purposes of this subsection:
+
+(A) An "analog video cassette recorder" means a device that records, or
+a device that includes a function that records, on electromagnetic tape
+in an analog format the electronic impulses produced by the video and
+audio portions of a television program, motion picture, or other form of
+audiovisual work.
+
+(B) An "analog video cassette camcorder" means an analog video cassette
+recorder that contains a recording function that operates through a
+camera lens and through a video input that may be connected with a
+television or other video playback device.
+
+(C) An analog video cassette recorder "conforms" to the automatic gain
+control copy control technology if it-
+
+(i) detects one or more of the elements of such technology and does not
+record the motion picture or transmission protected by such technology;
+or
+
+(ii) records a signal that, when played back, exhibits a meaningfully
+distorted or degraded display.
+
+(D) The term "professional analog video cassette recorder" means an
+analog video cassette recorder that is designed, manufactured, marketed,
+and intended for use by a person who regularly employs such a device for
+a lawful business or industrial use, including making, performing ,
+displaying, distributing, or transmitting copies of motion pictures on a
+commercial scale.
+
+(E) The terms "VHS format," "8mm format," "Beta format," "automatic gain
+control copy control technology," "colorstripe copy control technology,"
+"four-line version of the colorstripe copy control technology," and
+"NTSC" have the meanings that are commonly understood in the consumer
+electronics and motion picture industries as of the date of the
+enactment of this chapter.
+
+(5) Violations.  Any violation of paragraph (1) of this subsection shall
+be treated as a violation of subsection (b)(1) of this section. Any
+violation of paragraph (2) of this subsection shall be deemed an "act of
+circumvention" for the purposes of section 1203(c)(3)(A) of this
+chapter.
+
+
+Section 1202. Integrity of copyright management information [3]
+
+(a) False Copyright Management Information.  No person shall knowingly
+and with the intent to induce, enable, facilitate, or conceal
+infringement-
+
+(1) provide copyright management information that is false, or
+
+(2) distribute or import for distribution copyright management
+information that is false.
+
+(b) Removal or Alteration of Copyright Management Information.  No person
+shall, without the authority of the copyright owner or the law-
+
+(1) intentionally remove or alter any copyright management information,
+
+(2) distribute or import for distribution copyright management
+information knowing that the copyright management information has been
+removed or altered without authority of the copyright owner or the law,
+or
+
+(3) distribute, import for distribution, or publicly perform works,
+copies of works, or phonorecords, knowing that copyright management
+information has been removed or altered without authority of the
+copyright owner or the law,
+
+knowing, or, with respect to civil remedies under section 1203, having
+reasonable grounds to know, that it will induce, enable, facilitate, or
+conceal an infringement of any right under this title.
+
+(c) Definition.  As used in this section, the term "copyright management
+information" means any of the following information conveyed in
+connection with copies or phonorecords of a work or performances or
+displays of a work, including in digital form, except that such term
+does not include any personally identifying information about a user of
+a work or of a copy, phonorecord, performance, or display of a work:
+
+(1) The title and other information identifying the work, including the
+information set forth on a notice of copyright.
+
+(2) The name of, and other identifying information about, the author of
+a work.
+
+(3) The name of, and other identifying information about, the copyright
+owner of the work, including the information set forth in a notice of
+copyright.
+
+(4) With the exception of public performances of works by radio and
+television broadcast stations, the name of, and other identifying
+information about, a performer whose performance is fixed in a work
+other than an audiovisual work.
+
+(5) With the exception of public performances of works by radio and
+television broadcast stations, in the case of an audiovisual work, the
+name of, and other identifying information about, a writer, performer,
+or director who is credited in the audiovisual work.
+
+(6) Terms and conditions for use of the work.
+
+(7) Identifying numbers or symbols referring to such information or
+links to such information.
+
+(8) Such other information as the Register of Copyrights may prescribe
+by regulation, except that the Register of Copyrights may not require
+the provision of any information concerning the user of a copyrighted
+work.
+
+(d) Law Enforcement, Intelligence, and Other Government Activities.  This
+section does not prohibit any lawfully authorized investigative,
+protective, information security, or intelligence activity of an
+officer, agent, or employee of the United States, a State, or a
+political subdivision of a State, or a person acting pursuant to a
+contract with the United States, a State, or a political subdivision of
+a State. For purposes of this subsection, the term "information
+security" means activities carried out in order to identify and address
+the vulnerabilities of a government computer, computer system, or
+computer network.
+
+(e) Limitations on Liability.
+
+(1) Analog Transmissions.  In the case of an analog transmission, a
+person who is making transmissions in its capacity as a broadcast
+station, or as a cable system, or someone who provides programming to
+such station or system, shall not be liable for a violation of
+subsection (b) if-
+
+(A) avoiding the activity that constitutes such violation is not
+technically feasible or would create an undue financial hardship on such
+person; and
+
+(B) such person did not intend, by engaging in such activity, to induce,
+enable, facilitate, or conceal infringement of a right under this title.
+
+(2) Digital Transmissions.
+
+(A) If a digital transmission standard for the placement of copyright
+management information for a category of works is set in a voluntary,
+consensus standard-setting process involving a representative cross-
+section of broadcast stations or cable systems and copyright owners of a
+category of works that are intended for public performance by such
+stations or systems, a person identified in paragraph (1) shall not be
+liable for a violation of subsection (b) with respect to the particular
+copyright management information addressed by such standard if-
+
+(i) the placement of such information by someone other than such person
+is not in accordance with such standard; and
+
+(ii) the activity that constitutes such violation is not intended to
+induce, enable, facilitate, or conceal infringement of a right under
+this title.
+
+(B) Until a digital transmission standard has been set pursuant to
+subparagraph (A) with respect to the placement of copyright management
+information for a category of works, a person identified in paragraph
+(1) shall not be liable for a violation of subsection (b) with respect
+to such copyright management information, if the activity that
+constitutes such violation is not intended to induce, enable,
+facilitate, or conceal infringement of a right under this title, and if-
+
+(i) the transmission of such information by such person would result in
+a perceptible visual or aural degradation of the digital signal; or
+
+(ii) the transmission of such information by such person would conflict
+with-
+
+(I) an applicable government regulation relating to transmission of
+information in a digital signal;
+
+(II) an applicable industry-wide standard relating to the transmission
+of information in a digital signal that was adopted by a voluntary
+consensus standards body prior to the effective date of this chapter; or
+
+(III) an applicable industry-wide standard relating to the transmission
+of information in a digital signal that was adopted in a voluntary,
+consensus standards-setting process open to participation by a
+representative cross-section of broadcast stations or cable systems and
+copyright owners of a category of works that are intended for public
+performance by such stations or systems.
+
+(3) Definitions.  As used in this subsection-
+
+(A) the term "broadcast station" has the meaning given that term in
+section 3 of the Communications Act of 1934 (47 U.S.C. 153); and
+
+(B) the term "cable system" has the meaning given that term in section
+602 of the Communications Act of 1934 (47 U.S.C. 522).
+
+
+Section 1203. Civil remedies [5]
+
+(a) Civil Actions.  Any person injured by a violation of section 1201 or
+1202 may bring a civil action in an appropriate United States district
+court for such violation.
+
+(b) Powers of the Court.  In an action brought under subsection (a), the
+court-
+
+(1) may grant temporary and permanent injunctions on such terms as it
+deems reasonable to prevent or restrain a violation, but in no event
+shall impose a prior restraint on free speech or the press protected
+under the 1st amendment to the Constitution;
+
+(2) at any time while an action is pending, may order the impounding, on
+such terms as it deems reasonable, of any device or product that is in
+the custody or control of the alleged violator and that the court has
+reasonable cause to believe was involved in a violation;
+
+(3) may award damages under subsection (c);
+
+(4) in its discretion may allow the recovery of costs by or against any
+party other than the United States or an officer thereof;
+
+(5) in its discretion may award reasonable attorney's fees to the
+prevailing party; and
+
+(6) may, as part of a final judgment or decree finding a violation,
+order the remedial modification or the destruction of any device or
+product involved in the violation that is in the custody or control of
+the violator or has been impounded under paragraph (2).
+
+(c) Award of Damages.
+
+(1) In General.  Except as otherwise provided in this title, a person
+committing a violation of section 1201 or 1202 is liable for either-
+
+(A) the actual damages and any additional profits of the violator, as
+provided in paragraph (2), or
+
+(B) statutory damages, as provided in paragraph (3).
+
+(2) Actual Damages.  The court shall award to the complaining party the
+actual damages suffered by the party as a result of the violation, and
+any profits of the violator that are attributable to the violation and
+are not taken into account in computing the actual damages, if the
+complaining party elects such damages at any time before final judgment
+is entered.
+
+(3) Statutory Damages.  (A) At any time before final judgment is entered,
+a complaining party may elect to recover an award of statutory damages
+for each violation of section 1201 in the sum of not less than $200 or
+more than $2,500 per act of circumvention, device, product, component,
+offer, or performance of service, as the court considers just.
+
+(B) At any time before final judgment is entered, a complaining party
+may elect to recover an award of statutory damages for each violation of
+section 1202 in the sum of not less than $2,500 or more than $25,000.
+
+(4) Repeated Violations.  In any case in which the injured party sustains
+the burden of proving, and the court finds, that a person has violated
+section 1201 or 1202 within three years after a final judgment was
+entered against the person for another such violation, the court may
+increase the award of damages up to triple the amount that would
+otherwise be awarded, as the court considers just.
+
+(5) Innocent Violations.
+
+(A) In General.  The court in its discretion may reduce or remit the
+total award of damages in any case in which the violator sustains the
+burden of proving, and the court finds, that the violator was not aware
+and had no reason to believe that its acts constituted a violation.
+
+(B) Nonprofit Library, Archives, Educational Institutions, or Public
+Broadcasting Entities.
+
+(i) Definition.  In this subparagraph, the term "public broadcasting
+entity" has the meaning given such term under section 118(g).
+
+(ii) In general.  In the case of a nonprofit library, archives,
+educational institution, or public broadcasting entity, the court shall
+remit damages in any case in which the library, archives, educational
+institution, or public broadcasting entity sustains the burden of
+proving, and the court finds, that the library, archives, educational
+institution, or public broadcasting entity was not aware and had no
+reason to believe that its acts constituted a violation.
+
+
+Section 1204. Criminal offenses and penalties [5]
+
+(a) In General.  Any person who violates section 1201 or 1202 willfully
+and for purposes of commercial advantage or private financial gain-
+
+(1) shall be fined not more than $500,000 or imprisoned for not more
+than 5 years, or both, for the first offense; and
+
+(2) shall be fined not more than $1,000,000 or imprisoned for not more
+than 10 years, or both, for any subsequent offense.
+
+(b) Limitation for Nonprofit Library, Archives, Educational Institution,
+or Public Broadcasting Entity.  Subsection (a) shall not apply to a
+nonprofit library, archives, educational institution, or public
+broadcasting entity (as defined under section 118(g)).
+
+(c) Statute of Limitations.  No criminal proceeding shall be brought
+under this section unless such proceeding is commenced within five years
+after the cause of action arose.
+
+
+Section 1205. Savings clause
+
+Nothing in this chapter abrogates, diminishes, or weakens the provisions
+of, nor provides any defense or element of mitigation in a criminal
+prosecution or civil action under, any Federal or State law that
+prevents the violation of the privacy of an individual in connection
+with the individual's use of the Internet.
+
+-------------------
+Chapter 12 Endnotes
+
+1  The WIPO Copyright and Performances and Phonograms Treaties
+Implementation Act of 1998 added chapter 12, entitled "Copyright
+Protection and Management Systems," to title 17. Pub. L. No. 105-304,
+112 Stat. 2860, 2863. The WIPO Copyright and Performances and Phonograms
+Treaties Implementation Act of 1998 is title I of the Digital Millennium
+Copyright Act. Pub. L. No. 105-304, 112 Stat. 2860.
+
+2  The Satellite Home Viewer Improvement Act of 1999 amended section
+1201(a)(1)(C) by deleting "on the record." Pub. L. No. 106-113, 113
+Stat. 1501, app. I at 1501A-594.
+
+3  In 1999, section 1202 was amended by inserting "category of works"
+for "category or works," in subsection (e)(2)(B). Pub. L. No. 106-44,
+113 Stat. 221, 222.
+
+4  The Satellite Home Viewer Improvement Act of 1999 amended section
+1203(c)(5)(B) in its entirety. Pub. L. No. 106-113, 113 Stat. 1501, app.
+I at 1501A-593.
+
+5  The Satellite Home Viewer Improvement Act of 1999 amended section
+1204(b) in its entirety. Pub. L. No. 106-113, 113 Stat. 1501, app. I at
+1501A-593.
+
+------------------------------------------------------------------------
+
+Chapter 13 [1]
+
+Protection of Original Designs
+
+  + 1301. Designs protected
+  + 1302. Designs not subject to protection
+  + 1303. Revisions, adaptations, and rearrangements
+  + 1304. Commencement of protection
+  + 1305. Term of protection
+  + 1306. Design notice
+  + 1307. Effect of omission of notice
+  + 1308. Exclusive rights
+  + 1309. Infringement
+  + 1310. Application for registration
+  + 1311. Benefit of earlier filing date in foreign country
+  + 1312. Oaths and acknowledgments
+  + 1313. Examination of application and issue or refusal of
+          registration
+  + 1314. Certification of registration
+  + 1315. Publication of announcements and indexes
+  + 1316. Fees
+  + 1317. Regulations
+  + 1318. Copies of records
+  + 1319. Correction of errors in certificates
+  + 1320. Ownership and transfer
+  + 1321. Remedy for infringement
+  + 1322. Injunctions
+  + 1323. Recovery for infringement
+  + 1324. Power of court over registration
+  + 1325. Liability for action on registration fraudulently obtained
+  + 1326. Penalty for false marking
+  + 1327. Penalty for false representation
+  + 1328. Enforcement by Treasury and Postal Service
+  + 1329. Relation to design patent law
+  + 1330. Common law and other rights unaffected
+  + 1331. Administrator; Office of the Administrator
+  + 1332. No retroactive effect
+
+
+Section 1301. Designs protected [3]
+
+(a) Designs Protected.
+
+(1) In General.  The designer or other owner of an original design of a
+useful article which makes the article attractive or distinctive in
+appearance to the purchasing or using public may secure the protection
+provided by this chapter upon complying with and subject to this
+chapter.
+
+(2) Vessel Hulls.  The design of a vessel hull, including a plug or mold,
+is subject to protection under this chapter, notwithstanding section
+1302(4).
+
+(b) Definitions.  For the purpose of this chapter, the following terms
+have the following meanings:
+
+(1) A design is "original" if it is the result of the designer's
+creative endeavor that provides a distinguishable variation over prior
+work pertaining to similar articles which is more than merely trivial
+and has not been copied from another source.
+
+(2) A "useful article" is a vessel hull, including a plug or mold, which
+in normal use has an intrinsic utilitarian function that is not merely
+to portray the appearance of the article or to convey information. An
+article which normally is part of a useful article shall be deemed to be
+a useful article.
+
+(3) A "vessel" is a craft-
+
+(A) that is designed and capable of independently steering a course on
+or through water through its own means of propulsion; and
+
+(B) that is designed and capable of carrying and transporting one or
+more passengers.
+
+(4) A "hull" is the frame or body of a vessel, including the deck of a
+vessel, exclusive of masts, sails, yards, and rigging.
+
+(5) A "plug" means a device or model used to make a mold for the purpose
+of exact duplication, regardless of whether the device or model has an
+intrinsic utilitarian function that is not only to portray the
+appearance of the product or to convey information.
+
+(6) A "mold" means a matrix or form in which a substance for material is
+used, regardless of whether the matrix or form has an intrinsic
+utilitarian function that is not only to portray the appearance of the
+product or to convey information.
+
+
+Section 1302. Designs not subject to protection [3]
+
+Protection under this chapter shall not be available for a design that
+is-
+
+(1) not original;
+
+(2) staple or commonplace, such as a standard geometric figure, a
+familiar symbol, an emblem, or a motif, or another shape, pattern, or
+configuration which has become standard, common, prevalent, or ordinary;
+
+(3) different from a design excluded by paragraph (2) only in
+insignificant details or in elements which are variants commonly used in
+the relevant trades;
+
+(4) dictated solely by a utilitarian function of the article that
+embodies it; or
+
+(5) embodied in a useful article that was made public by the designer or
+owner in the United States or a foreign country more than 2 years before
+the date of the application for registration under this chapter.
+
+
+Section 1303. Revisions, adaptations, and rearrangements
+
+Protection for a design under this chapter shall be available
+notwithstanding the employment in the design of subject matter excluded
+from protection under section 1302 if the design is a substantial
+revision, adaptation, or rearrangement of such subject matter. Such
+protection shall be independent of any subsisting protection in subject
+matter employed in the design, and shall not be construed as securing
+any right to subject matter excluded from protection under this chapter
+or as extending any subsisting protection under this chapter.
+
+
+Section 1304. Commencement of protection
+
+The protection provided for a design under this chapter shall commence
+upon the earlier of the date of publication of the registration under
+section 1313(a) or the date the design is first made public as defined
+by section 1310(b).
+
+
+Section 1305. Term of protection
+
+(a) In General.  Subject to subsection (b), the protection provided under
+this chapter for a design shall continue for a term of 10 years
+beginning on the date of the commencement of protection under section
+1304.
+
+(b) Expiration.  All terms of protection provided in this section shall
+run to the end of the calendar year in which they would otherwise
+expire.
+
+(c) Termination of Rights.  Upon expiration or termination of protection
+in a particular design under this chapter, all rights under this chapter
+in the design shall terminate, regardless of the number of different
+articles in which the design may have been used during the term of its
+protection.
+
+
+Section 1306. Design notice
+
+(a) Contents of Design Notice.
+
+(1) Whenever any design for which protection is sought under this
+chapter is made public under section 1310(b), the owner of the design
+shall, subject to the provisions of section 1307, mark it or have it
+marked legibly with a design notice consisting of
+
+(A) the words "Protected Design", the abbreviation "Prot'd Des.", or the
+letter "D" with a circle, or the symbol "*D*";
+
+(B) the year of the date on which protection for the design commenced;
+and
+
+(C) the name of the owner, an abbreviation by which the name can be
+recognized, or a generally accepted alternative designation of the
+owner.
+
+Any distinctive identification of the owner may be used for purposes of
+subparagraph (C) if it has been recorded by the Administrator before the
+design marked with such identification is registered.
+
+(2) After registration, the registration number may be used instead of
+the elements specified in subparagraphs (B) and (C) of paragraph (1).
+
+(b) Location of Notice.  The design notice shall be so located and
+applied as to give reasonable notice of design protection while the
+useful article embodying the design is passing through its normal
+channels of commerce.
+
+(c) Subsequent Removal of Notice.  When the owner of a design has
+complied with the provisions of this section, protection under this
+chapter shall not be affected by the removal, destruction, or
+obliteration by others of the design notice on an article.
+
+
+Section 1307. Effect of omission of notice
+
+(a) Actions with Notice.  Except as provided in subsection (b), the
+omission of the notice prescribed in section 1306 shall not cause loss
+of the protection under this chapter or prevent recovery for
+infringement under this chapter against any person who, after receiving
+written notice of the design protection, begins an undertaking leading
+to infringement under this chapter.
+
+(b) Actions without Notice.  The omission of the notice prescribed in
+section 1306 shall prevent any recovery under section 1323 against a
+person who began an undertaking leading to infringement under this
+chapter before receiving written notice of the design protection. No
+injunction shall be issued under this chapter with respect to such
+undertaking unless the owner of the design reimburses that person for
+any reasonable expenditure or contractual obligation in connection with
+such undertaking that was incurred before receiving written notice of
+the design protection, as the court in its discretion directs. The
+burden of providing written notice of design protection shall be on the
+owner of the design.
+
+
+Section 1308. Exclusive rights
+
+The owner of a design protected under this chapter has the exclusive
+right to-
+
+(1) make, have made, or import, for sale or for use in trade, any useful
+article embodying that design; and
+
+(2) sell or distribute for sale or for use in trade any useful article
+embodying that design.
+
+
+Section 1309. Infringement
+
+(a) Acts of Infringement.  Except as provided in subsection (b), it shall
+be infringement of the exclusive rights in a design protected under this
+chapter for any person, without the consent of the owner of the design,
+within the United States and during the term of such protection, to-
+
+(1) make, have made, or import, for sale or for use in trade, any
+infringing article as defined in subsection (e); or
+
+(2) sell or distribute for sale or for use in trade any such infringing
+article.
+
+(b) Acts of Sellers and Distributors.  A seller or distributor of an
+infringing article who did not make or import the article shall be
+deemed to have infringed on a design protected under this chapter only
+if that person-
+
+(1) induced or acted in collusion with a manufacturer to make, or an
+importer to import such article, except that merely purchasing or giving
+an order to purchase such article in the ordinary course of business
+shall not of itself constitute such inducement or collusion; or
+
+(2) refused or failed, upon the request of the owner of the design, to
+make a prompt and full disclosure of that person's source of such
+article, and that person orders or reorders such article after receiving
+notice by registered or certified mail of the protection subsisting in
+the design.
+
+(c) Acts without Knowledge.  It shall not be infringement under this
+section to make, have made, import, sell, or distribute, any article
+embodying a design which was created without knowledge that a design was
+protected under this chapter and was copied from such protected design.
+
+(d) Acts in Ordinary Course of Business.  A person who incorporates into
+that person's product of manufacture an infringing article acquired from
+others in the ordinary course of business, or who, without knowledge of
+the protected design embodied in an infringing article, makes or
+processes the infringing article for the account of another person in
+the ordinary course of business, shall not be deemed to have infringed
+the rights in that design under this chapter except under a condition
+contained in paragraph (1) or (2) of subsection (b). Accepting an order
+or reorder from the source of the infringing article shall be deemed
+ordering or reordering within the meaning of subsection (b)(2).
+
+(e) Infringing Article Defined.  As used in this section, an "infringing
+article" is any article the design of which has been copied from a
+design protected under this chapter, without the consent of the owner of
+the protected design. An infringing article is not an illustration or
+picture of a protected design in an advertisement, book, periodical,
+newspaper, photograph, broadcast, motion picture, or similar medium. A
+design shall not be deemed to have been copied from a protected design
+if it is original and not substantially similar in appearance to a
+protected design.
+
+(f) Establishing Originality.  The party to any action or proceeding
+under this chapter who alleges rights under this chapter in a design
+shall have the burden of establishing the design's originality whenever
+the opposing party introduces an earlier work which is identical to such
+design, or so similar as to make prima facie showing that such design
+was copied from such work.
+
+(g) Reproduction for Teaching or Analysis.  It is not an infringement of
+the exclusive rights of a design owner for a person to reproduce the
+design in a useful article or in any other form solely for the purpose
+of teaching, analyzing, or evaluating the appearance, concepts, or
+techniques embodied in the design, or the function of the useful article
+embodying the design.
+
+
+Section 1310. Application for registration
+
+(a) Time Limit for Application for Registration.  Protection under this
+chapter shall be lost if application for registration of the design is
+not made within 2 years after the date on which the design is first made
+public.
+
+(b) When Design is Made Public.  A design is made public when an existing
+useful article embodying the design is anywhere publicly exhibited,
+publicly distributed, or offered for sale or sold to the public by the
+owner of the design or with the owner's consent.
+
+(c) Application by Owner of Design.  Application for registration may be
+made by the owner of the design.
+
+(d) Contents of Application.  The application for registration shall be
+made to the Administrator and shall state-
+
+(1) the name and address of the designer or designers of the design;
+
+(2) the name and address of the owner if different from the designer;
+
+(3) the specific name of the useful article embodying the design;
+
+(4) the date, if any, that the design was first made public, if such
+date was earlier than the date of the application;
+
+(5) affirmation that the design has been fixed in a useful article; and
+
+(6) such other information as may be required by the Administrator.
+
+The application for registration may include a description setting forth
+the salient features of the design, but the absence of such a
+description shall not prevent registration under this chapter.
+
+(e) Sworn Statement.  The application for registration shall be
+accompanied by a statement under oath by the applicant or the
+applicant's duly authorized agent or representative, setting forth, to
+the best of the applicant's knowledge and belief-
+
+(1) that the design is original and was created by the designer or
+designers named in the application;
+
+(2) that the design has not previously been registered on behalf of the
+applicant or the applicant's predecessor in title; and
+
+(3) that the applicant is the person entitled to protection and to
+registration under this chapter.
+
+If the design has been made public with the design notice prescribed in
+section 1306, the statement shall also describe the exact form and
+position of the design notice.
+
+(f) Effect of Errors.   (1) Error in any statement or assertion as to the
+utility of the useful article named in the application under this
+section, the design of which is sought to be registered, shall not
+affect the protection secured under this chapter.
+
+(2) Errors in omitting a joint designer or in naming an alleged joint
+designer shall not affect the validity of the registration, or the
+actual ownership or the protection of the design, unless it is shown
+that the error occurred with deceptive intent.
+
+(g) Design Made in Scope of Employment.  In a case in which the design
+was made within the regular scope of the designer's employment and
+individual authorship of the design is difficult or impossible to
+ascribe and the application so states, the name and address of the
+employer for whom the design was made may be stated instead of that of
+the individual designer.
+
+(h) Pictorial Representation of Design.  The application for registration
+shall be accompanied by two copies of a drawing or other pictorial
+representation of the useful article embodying the design, having one or
+more views, adequate to show the design, in a form and style suitable
+for reproduction, which shall be deemed a part of the application.
+
+(i) Design in More Than One Useful Article.  If the distinguishing
+elements of a design are in substantially the same form in different
+useful articles, the design shall be protected as to all such useful
+articles when protected as to one of them, but not more than one
+registration shall be required for the design.
+
+(j) Application for More Than One Design.  More than one design may be
+included in the same application under such conditions as may be
+prescribed by the Administrator. For each design included in an
+application the fee prescribed for a single design shall be paid.
+
+
+Section 1311. Benefit of earlier filing date in foreign country
+
+An application for registration of a design filed in the United States
+by any person who has, or whose legal representative or predecessor or
+successor in title has, previously filed an application for registration
+of the same design in a foreign country which extends to designs of
+owners who are citizens of the United States, or to applications filed
+under this chapter, similar protection to that provided under this
+chapter shall have that same effect as if filed in the United States on
+the date on which the application was first filed in such foreign
+country, if the application in the United States is filed within 6
+months after the earliest date on which any such foreign application was
+filed.
+
+
+Section 1312. Oaths and acknowledgments
+
+(a) In General.  Oaths and acknowledgments required by this chapter-
+
+(1) may be made-
+
+(A) before any person in the United States authorized by law to
+administer oaths; or
+
+(B) when made in a foreign country, before any diplomatic or consular
+officer of the United States authorized to administer oaths, or before
+any official authorized to administer oaths in the foreign country
+concerned, whose authority shall be proved by a certificate of a
+diplomatic or consular officer of the United States; and
+
+(2) shall be valid if they comply with the laws of the State or country
+where made.
+
+(b) Written Declaration in Lieu of Oath.  (1) The Administrator may by
+rule prescribe that any document which is to be filed under this chapter
+in the Office of the Administrator and which is required by any law,
+rule, or other regulation to be under oath, may be subscribed to by a
+written declaration in such form as the Administrator may prescribe, and
+such declaration shall be in lieu of the oath otherwise required.
+
+(2) Whenever a written declaration under paragraph (1) is used, the
+document containing the declaration shall state that willful false
+statements are punishable by fine or imprisonment, or both, pursuant to
+section 1001 of title 18, and may jeopardize the validity of the
+application or document or a registration resulting therefrom.
+
+
+Section 1313. Examination of application and issue or refusal of
+registration [4]
+
+(a) Determination of Registrability of Design; Registration.
+
+Upon the filing of an application for registration in proper form under
+section 1310, and upon payment of the fee prescribed under section 1316,
+the Administrator shall determine whether or not the application relates
+to a design which on its face appears to be subject to protection under
+this chapter, and, if so, the Register shall register the design.
+Registration under this subsection shall be announced by publication.
+The date of registration shall be the date of publication.
+
+(b) Refusal To Register; Reconsideration.  If, in the judgment of the
+Administrator, the application for registration relates to a design
+which on its face is not subject to protection under this chapter, the
+Administrator shall send to the applicant a notice of refusal to
+register and the grounds for the refusal. Within 3 months after the date
+on which the notice of refusal is sent, the applicant may, by written
+request, seek reconsideration of the application. After consideration of
+such a request, the Administrator shall either register the design or
+send to the applicant a notice of final refusal to register.
+
+(c) Application To Cancel Registration.  Any person who believes he or
+she is or will be damaged by a registration under this chapter may, upon
+payment of the prescribed fee, apply to the Administrator at any time to
+cancel the registration on the ground that the design is not subject to
+protection under this chapter, stating the reasons for the request. Upon
+receipt of an application for cancellation, the Administrator shall send
+to the owner of the design, as shown in the records of the Office of the
+Administrator, a notice of the application, and the owner shall have a
+period of 3 months after the date on which such notice is mailed in
+which to present arguments to the Administrator for support of the
+validity of the registration. The Administrator shall also have the
+authority to establish, by regulation, conditions under which the
+opposing parties may appear and be heard in support of their arguments.
+If, after the periods provided for the presentation of arguments have
+expired, the Administrator determines that the applicant for
+cancellation has established that the design is not subject to
+protection under this chapter, the Administrator shall order the
+registration stricken from the record. Cancellation under this
+subsection shall be announced by publication, and notice of the
+Administrator's final determination with respect to any application for
+cancellation shall be sent to the applicant and to the owner of record.
+Costs of the cancellation procedure under this subsection shall be borne
+by the nonprevailing party or parties, and the Administrator shall have
+the authority to assess and collect such costs.
+
+
+Section 1314. Certification of registration
+
+Certificates of registration shall be issued in the name of the United
+States under the seal of the Office of the Administrator and shall be
+recorded in the official records of the Office. The certificate shall
+state the name of the useful article, the date of filing of the
+application, the date of registration, and the date the design was made
+public, if earlier than the date of filing of the application, and shall
+contain a reproduction of the drawing or other pictorial representation
+of the design. If a description of the salient features of the design
+appears in the application, the description shall also appear in the
+certificate. A certificate of registration shall be admitted in any
+court as prima facie evidence of the facts stated in the certificate.
+
+
+Section 1315. Publication of announcements and indexes
+
+(a) Publications of the Administrator.  The Administrator shall publish
+lists and indexes of registered designs and cancellations of designs and
+may also publish the drawings or other pictorial representations of
+registered designs for sale or other distribution.
+
+(b) File of Representatives of Registered Designs.  The Administrator
+shall establish and maintain a file of the drawings or other pictorial
+representations of registered designs. The file shall be available for
+use by the public under such conditions as the Administrator may
+prescribe.
+
+
+Section 1316. Fees
+
+The Administrator shall by regulation set reasonable fees for the filing
+of applications to register designs under this chapter and for other
+services relating to the administration of this chapter, taking into
+consideration the cost of providing these services and the benefit of a
+public record.
+
+
+Section 1317. Regulations
+
+The Administrator may establish regulations for the administration of
+this chapter.
+
+
+Section 1318. Copies of records
+
+Upon payment of the prescribed fee, any person may obtain a certified
+copy of any official record of the Office of the Administrator that
+relates to this chapter. That copy shall be admissible in evidence with
+the same effect as the original.
+
+
+Section 1319. Correction of errors in certificates
+
+The Administrator may, by a certificate of correction under seal,
+correct any error in a registration incurred through the fault of the
+Office, or, upon payment of the required fee, any error of a clerical or
+typographical nature occurring in good faith but not through the fault
+of the Office. Such registration, together with the certificate, shall
+thereafter have the same effect as if it had been originally issued in
+such corrected form.
+
+
+Section 1320. Ownership and transfer [5]
+
+(a) Property Right in Design.  The property right in a design subject to
+protection under this chapter shall vest in the designer, the legal
+representatives of a deceased designer or of one under legal incapacity,
+the employer for whom the designer created the design in the case of a
+design made within the regular scope of the designer's employment, or a
+person to whom the rights of the designer or of such employer have been
+transferred. The person in whom the property right is vested shall be
+considered the owner of the design.
+
+(b) Transfer of Property Right.  The property right in a registered
+design, or a design for which an application for registration has been
+or may be filed, may be assigned, granted, conveyed, or mortgaged by an
+instrument in writing, signed by the owner, or may be bequeathed by
+will.
+
+(c) Oath or Acknowledgment of Transfer.  An oath or acknowledgment under
+section 1312 shall be prima facie evidence of the execution of an
+assignment, grant, conveyance, or mortgage under subsection (b).
+
+(d) Recordation of Transfer.  An assignment, grant, conveyance, or
+mortgage under subsection (b) shall be void as against any subsequent
+purchaser or mortgagee for a valuable consideration, unless it is
+recorded in the Office of the Administrator within 3 months after its
+date of execution or before the date of such subsequent purchase or
+mortgage.
+
+
+Section 1321. Remedy for infringement
+
+(a) In General.  The owner of a design is entitled, after issuance of a
+certificate of registration of the design under this chapter, to
+institute an action for any infringement of the design.
+
+(b) Review of Refusal To Register.  (1) Subject to paragraph (2), the
+owner of a design may seek judicial review of a final refusal of the
+Administrator to register the design under this chapter by bringing a
+civil action, and may in the same action, if the court adjudges the
+design subject to protection under this chapter, enforce the rights in
+that design under this chapter.
+
+(2) The owner of a design may seek judicial review under this section
+if-
+
+(A) the owner has previously duly filed and prosecuted to final refusal
+an application in proper form for registration of the design;
+
+(B) the owner causes a copy of the complaint in the action to be
+delivered to the Administrator within 10 days after the commencement of
+the action; and
+
+(C) the defendant has committed acts in respect to the design which
+would constitute infringement with respect to a design protected under
+this chapter.
+
+(c) Administrator as Party to Action.  The Administrator may, at the
+Administrator's option, become a party to the action with respect to the
+issue of registrability of the design claim by entering an appearance
+within 60 days after being served with the complaint, but the failure of
+the Administrator to become a party shall not deprive the court of
+jurisdiction to determine that issue.
+
+(d) Use of Arbitration To Resolve Dispute.  The parties to an
+infringement dispute under this chapter, within such time as may be
+specified by the Administrator by regulation, may determine the dispute,
+or any aspect of the dispute, by arbitration. Arbitration shall be
+governed by title 9. The parties shall give notice of any arbitration
+award to the Administrator, and such award shall, as between the parties
+to the arbitration, be dispositive of the issues to which it relates.
+The arbitration award shall be unenforceable until such notice is given.
+Nothing in this subsection shall preclude the Administrator from
+determining whether a design is subject to registration in a
+cancellation proceeding under section 1313(c).
+
+
+Section 1322. Injunctions
+
+(a) In General.  A court having jurisdiction over actions under this
+chapter may grant injunctions in accordance with the principles of
+equity to prevent infringement of a design under this chapter,
+including, in its discretion, prompt relief by temporary restraining
+orders and preliminary injunctions.
+
+(b) Damages for Injunctive Relief Wrongfully Obtained.   A seller or
+distributor who suffers damage by reason of injunctive relief wrongfully
+obtained under this section has a cause of action against the applicant
+for such injunctive relief and may recover such relief as may be
+appropriate, including damages for lost profits, cost of materials, loss
+of good will, and punitive damages in instances where the injunctive
+relief was sought in bad faith, and, unless the court finds extenuating
+circumstances, reasonable attorney's fees.
+
+
+Section 1323. Recovery for infringement
+
+(a) Damages.  Upon a finding for the claimant in an action for
+infringement under this chapter, the court shall award the claimant
+damages adequate to compensate for the infringement. In addition, the
+court may increase the damages to such amount, not exceeding $50,000 or
+$1 per copy, whichever is greater, as the court determines to be just.
+The damages awarded shall constitute compensation and not a penalty. The
+court may receive expert testimony as an aid to the determination of
+damages.
+
+(b) Infringer's Profits.  As an alternative to the remedies provided in
+subsection (a), the court may award the claimant the infringer's profits
+resulting from the sale of the copies if the court finds that the
+infringer's sales are reasonably related to the use of the claimant's
+design. In such a case, the claimant shall be required to prove only the
+amount of the infringer's sales and the infringer shall be required to
+prove its expenses against such sales.
+
+(c) Statute of Limitations.  No recovery under subsection (a) or (b)
+shall be had for any infringement committed more than 3 years before the
+date on which the complaint is filed.
+
+(d) Attorney's Fees.  In an action for infringement under this chapter,
+the court may award reasonable attorney's fees to the prevailing party.
+
+(e) Disposition of Infringing and Other Articles.  The court may order
+that all infringing articles, and any plates, molds, patterns, models,
+or other means specifically adapted for making the articles, be
+delivered up for destruction or other disposition as the court may
+direct.
+
+
+Section 1324. Power of court over registration
+
+In any action involving the protection of a design under this chapter,
+the court, when appropriate, may order registration of a design under
+this chapter or the cancellation of such a registration. Any such order
+shall be certified by the court to the Administrator, who shall make an
+appropriate entry upon the record.
+
+
+Section 1325. Liability for action on registration fraudulently obtained
+
+Any person who brings an action for infringement knowing that
+registration of the design was obtained by a false or fraudulent
+representation materially affecting the rights under this chapter, shall
+be liable in the sum of $10,000, or such part of that amount as the
+court may determine. That amount shall be to compensate the defendant
+and shall be charged against the plaintiff and paid to the defendant, in
+addition to such costs and attorney's fees of the defendant as may be
+assessed by the court.
+
+
+Section 1326. Penalty for false marking
+
+(a) In General.  Whoever, for the purpose of deceiving the public, marks
+upon, applies to, or uses in advertising in connection with an article
+made, used, distributed, or sold, a design which is not protected under
+this chapter, a design notice specified in section 1306, or any other
+words or symbols importing that the design is protected under this
+chapter, knowing that the design is not so protected, shall pay a civil
+fine of not more than $500 for each such offense.
+
+(b) Suit by Private Persons.  Any person may sue for the penalty
+established by subsection (a), in which event one-half of the penalty
+shall be awarded to the person suing and the remainder shall be awarded
+to the United States.
+
+
+Section 1327. Penalty for false representation
+
+Whoever knowingly makes a false representation materially affecting the
+rights obtainable under this chapter for the purpose of obtaining
+registration of a design under this chapter shall pay a penalty of not
+less than $500 and not more than $1,000, and any rights or privileges
+that individual may have in the design under this chapter shall be
+forfeited.
+
+
+Section 1328. Enforcement by Treasury and Postal Service
+
+(a) Regulations.  The Secretary of the Treasury and the United States
+Postal Service shall separately or jointly issue regulations for the
+enforcement of the rights set forth in section 1308 with respect to
+importation. Such regulations may require, as a condition for the
+exclusion of articles from the United States, that the person seeking
+exclusion take any one or more of the following actions:
+
+(1) Obtain a court order enjoining, or an order of the International
+Trade Commission under section 337 of the Tariff Act of 1930 excluding,
+importation of the articles.
+
+(2) Furnish proof that the design involved is protected under this
+chapter and that the importation of the articles would infringe the
+rights in the design under this chapter.
+
+(3) Post a surety bond for any injury that may result if the detention
+or exclusion of the articles proves to be unjustified.
+
+(b) Seizure and Forfeiture.  Articles imported in violation of the rights
+set forth in section 1308 are subject to seizure and forfeiture in the
+same manner as property imported in violation of the customs laws. Any
+such forfeited articles shall be destroyed as directed by the Secretary
+of the Treasury or the court, as the case may be, except that the
+articles may be returned to the country of export whenever it is shown
+to the satisfaction of the Secretary of the Treasury that the importer
+had no reasonable grounds for believing that his or her acts constituted
+a violation of the law.
+
+
+Section 1329. Relation to design patent law
+
+The issuance of a design patent under title 35, United States Code, for
+an original design for an article of manufacture shall terminate any
+protection of the original design under this chapter.
+
+
+Section 1330. Common law and other rights unaffected
+
+Nothing in this chapter shall annul or limit-
+
+(1) common law or other rights or remedies, if any, available to or held
+by any person with respect to a design which has not been registered
+under this chapter; or
+
+(2) any right under the trademark laws or any right protected against
+unfair competition.
+
+
+Section 1331. Administrator; Office of the Administrator
+
+In this chapter, the "Administrator" is the Register of Copyrights, and
+the "Office of the Administrator" and the "Office" refer to the
+Copyright Office of the Library of Congress.
+
+
+Section 1332. No retroactive effect
+
+Protection under this chapter shall not be available for any design that
+has been made public under section 1310(b) before the effective date of
+this chapter.
+
+-------------------
+Chapter 13 Endnotes
+
+1  In 1998, the Vessel Hull Design Protection Act added chapter 13,
+entitled "Protection of Original Designs," to title 17. Pub. L. No.
+105-304, 112 Stat. 2860, 2905. The Vessel Hull Design Protection Act is
+title V of the Digital Millennium Copyright Act, Pub. L. No. 105-304,
+112 Stat. 2860.
+
+2  The Satellite Home Viewer Improvement Act of 1999 amended section
+1301(b)(3) in its entirety. Pub. L. No. 106-113, 113 Stat. 1501, app. I
+at 1501A-593.
+
+3  In 1999, section 1302(5) was amended to substitute "2 years" in lieu
+of "1 year." Pub. L. No. 106-44, 113 Stat. 221, 222.
+
+4  The Satellite Home Viewer Improvement Act of 1999 amended section
+1313(c) by adding at the end thereof the last sentence, which begins
+"Costs of the cancellation procedure." Pub. L. No. 106-113, 113 Stat.
+1501, app. I at 1501A-594.
+
+5  In 1999, section 1320 was amended to change the spelling in the
+heading of subsection (c) from "acknowledgement" to "acknowledgment."
+Pub. L. No. 106-44, 113 Stat. 221, 222.
+
+------------------------------------------------------------------------
+
+Appendix I. Transitional and Supplementary Provisions of the
+Copyright Act of 1976 [1]
+
+Sec. 102. This Act becomes effective on January 1, 1978, except as
+otherwise expressly provided by this Act, including provisions of the
+first section of this Act. The provisions of sections 118, 304(b), and
+chapter 8 of title 17, as amended by the first section of this Act, take
+effect upon enactment of this Act.
+
+Sec. 103. This Act does not provide copyright protection for any work
+that goes into the public domain before January 1, 1978. The exclusive
+rights, as provided by section 106 of title 17 as amended by the first
+section of this Act, to reproduce a work in phonorecords and to
+distribute phonorecords of the work, do not extend to any nondramatic
+musical work copyrighted before July 1, 1909.
+
+Sec. 104. All proclamations issued by the President under section 1(e)
+or 9(b) of title 17 as it existed on December 31, 1977, or under
+previous copyright statutes of the United States, shall continue in
+force until terminated, suspended, or revised by the President.
+
+Sec. 105. (a)(1) Section 505 of title 44 is amended to read as follows:
+
+"Sec.  505. Sale of duplicate plates
+
+"The Public Printer shall sell, under regulations of the Joint Committee
+on Printing to persons who may apply, additional or duplicate stereotype
+or electrotype plates from which a Government publication is printed, at
+a price not to exceed the cost of composition, the metal, and making to
+the Government, plus 10 per centum, and the full amount of the price
+shall be paid when the order is filed."
+
+(2) The item relating to section 505 in the sectional analysis at the
+beginning of chapter 5 of title 44, is amended to read as follows:
+
+"505. Sale of duplicate plates.".
+
+(b) Section 2113 of title 44 is amended to read as follows:
+
+
+[To assist the reader, section 2113 of title 44, now designated section
+2117, appears in part VII of the Appendix, *infra*, as currently
+amended.]
+
+
+(c) In section 1498(b) of title 28, the phrase "section 101(b) of title
+17" is amended to read "section 504(c) of title 17".
+
+(d) Section 543(a)(4) of the Internal Revenue Code of 1954, as amended,
+is amended by striking out "(other than by reason of section 2 or 6
+thereof)".
+
+(e) Section 3202(a) of title 39 is amended by striking out clause (5).
+Section 3206 of title 39 is amended by deleting the words "subsections
+(b) and (c)" and inserting "subsection (b)" in subsection (a), and by
+deleting subsection (c). Section 3206(d) is renumbered (c).
+
+(f) Subsection (a) of section 290(e) of title 15 is amended by deleting
+the phrase "section 8" and inserting in lieu thereof the phrase "section
+105". [2]
+
+(g) Section 131 of title 2 is amended by deleting the phrase "deposit to
+secure copyright," and inserting in lieu thereof the phrase "acquisition
+of material under the copyright law,".
+
+Sec. 106. In any case where, before January 1, 1978, a person has
+lawfully made parts of instruments serving to reproduce mechanically a
+copyrighted work under the compulsory license provisions of section 1(e)
+of title 17 as it existed on December 31, 1977, such person may continue
+to make and distribute such parts embodying the same mechanical
+reproduction without obtaining a new compulsory license under the terms
+of section 115 of title 17 as amended by the first section of this Act.
+However, such parts made on or after January 1, 1978, constitute
+phonorecords and are otherwise subject to the provisions of said section
+115.
+
+Sec. 107. In the case of any work in which an ad interim copyright is
+subsisting or is capable of being secured on December 31, 1977, under
+section 22 of title 17 as it existed on that date, copyright protection
+is hereby extended to endure for the term or terms provided by section
+304 of title 17 as amended by the first section of this Act.
+
+Sec. 108. The notice provisions of sections 401 through 403 of title 17
+as amended by the first section of this Act apply to all copies or
+phonorecords publicly distributed on or after January 1, 1978. However,
+in the case of a work published before January 1, 1978, compliance with
+the notice provisions of title 17 either as it existed on December 31,
+1977, or as amended by the first section of this Act, is adequate with
+respect to copies publicly distributed after December 31, 1977.
+
+Sec. 109. The registration of claims to copyright for which the required
+deposit, application, and fee were received in the Copyright Office
+before January 1, 1978, and the recordation of assignments of copyright
+or other instruments received in the Copyright Office before January 1,
+1978, shall be made in accordance with title 17 as it existed on
+December 31, 1977.
+
+Sec. 110. The demand and penalty provisions of section 14 of title 17 as
+it existed on December 31, 1977, apply to any work in which copyright
+has been secured by publication with notice of copyright on or before
+that date, but any deposit and registration made after that date in
+response to a demand under that section shall be made in accordance with
+the provisions of title 17 as amended by the first section of this Act.
+
+Sec. 111. Section 2318 of title 18 of the United States Code is amended
+to read as follows:
+
+
+[To assist the reader, section 2318 of title 18, as currently amended,
+along with related criminal provisions, appears in part VII of the
+Appendix, *infra*.]
+
+
+Sec. 112. All causes of action that arose under title 17 before January
+1, 1978, shall be governed by title 17 as it existed when the cause of
+action arose.
+
+Sec. 113. (a) The Librarian of Congress (hereinafter referred to as the
+"Librarian") shall establish and maintain in the Library of Congress a
+library to be known as the American Television and Radio Archives
+(hereinafter referred to as the "Archives"). The purpose of the Archives
+shall be to preserve a permanent record of the television and radio
+programs which are the heritage of the people of the United States and
+to provide access to such programs to historians and scholars without
+encouraging or causing copyright infringement.
+
+(1) The Librarian, after consultation with interested organizations and
+individuals, shall determine and place in the Archives such copies and
+phonorecords of television and radio programs transmitted to the public
+in the United States and in other countries which are of present or
+potential public or cultural interest, historical significance,
+cognitive value, or otherwise worthy of preservation, including copies
+and phonorecords of published and unpublished transmission programs-
+
+(A) acquired in accordance with sections 407 and 408 of title 17 as
+amended by the first section of this Act; and
+
+(B) transferred from the existing collections of the Library of
+Congress; and
+
+(C) given to or exchanged with the Archives by other libraries,
+archives, organizations, and individuals; and
+
+(D) purchased from the owner thereof.
+
+(2) The Librarian shall maintain and publish appropriate catalogs and
+indexes of the collections of the Archives, and shall make such
+collections available for study and research under the conditions
+prescribed under this section.
+
+(b) Notwithstanding the provisions of section 106 of title 17 as amended
+by the first section of this Act, the Librarian is authorized with
+respect to a transmission program which consists of a regularly
+scheduled newscast or on-the-spot coverage of news events and, under
+standards and conditions that the Librarian shall prescribe by
+regulation-
+
+(1) to reproduce a fixation of such a program, in the same or another
+tangible form, for the purposes of preservation or security or for
+distribution under the conditions of clause (3) of this subsection; and
+
+(2) to compile, without abridgment or any other editing, portions of
+such fixations according to subject matter, and to reproduce such
+compilations for the purpose of clause (1) of this subsection; and
+
+(3) to distribute a reproduction made under clause (1) or (2) of this
+subsection-
+
+(A) by loan to a person engaged in research; and
+
+(B) for deposit in a library or archives which meets the requirements of
+section 108(a) of title 17 as amended by the first section of this Act,
+
+in either case for use only in research and not for further reproduction
+or performance.
+
+(c) The Librarian or any employee of the Library who is acting under the
+authority of this section shall not be liable in any action for
+copyright infringement committed by any other person unless the
+Librarian or such employee knowingly participated in the act of
+infringement committed by such person. Nothing in this section shall be
+construed to excuse or limit liability under title 17 as amended by the
+first section of this Act for any act not authorized by that title or
+this section, or for any act performed by a person not authorized to act
+under that title or this section.
+
+(d) This section may be cited as the "American Television and Radio
+Archives Act".
+
+Sec. 114. There are hereby authorized to be appropriated such funds as
+may be necessary to carry out the purposes of this Act.
+
+Sec. 115. If any provision of title 17, as amended by the first section
+of this Act, is declared unconstitutional, the validity of the remainder
+of this title is not affected.
+
+-------------------
+Appendix I Endnotes
+
+1  Part I of the Appendix contains the Transitional and Supplementary
+Provisions of the Copyright Act of 1976, Pub. L. No. 94-533, 90 Stat.
+2541, that do not amend title 17 of the *United States Code.*
+
+2  The correct reference is to "290e," not "290(e)."
+
+------------------------------------------------------------------------
+
+Appendix II. Berne Convention Implementation Act of 1988 [1]
+
+Sec. 2. Declarations.
+
+The Congress makes the following declarations:
+
+(1) The Convention for the Protection of Literary and Artistic Works,
+signed at Berne, Switzerland, on September 9, 1886, and all acts,
+protocols, and revisions thereto (hereafter in this Act referred to as
+the "Berne Convention") are not self-executing under the Constitution
+and laws of the United States.
+
+(2) The obligations of the United States under the Berne Convention may
+be performed only pursuant to appropriate domestic law.
+
+(3) The amendments made by this Act, together with the law as it exists
+on the date of the enactment of this Act, satisfy the obligations of the
+United States in adhering to the Berne Convention and no further rights
+or interests shall be recognized or created for that purpose.
+
+Sec. 3. Construction of the Berne Convention.
+
+(a) Relationship With Domestic Law.  The provisions of the Berne
+Convention-
+
+(1) shall be given effect under title 17, as amended by this Act, and
+any other relevant provision of Federal or State law, including the
+common law; and
+
+(2) shall not be enforceable in any action brought pursuant to the
+provisions of the Berne Convention itself.
+
+(b) Certain Rights Not Affected.  The provisions of the Berne Convention,
+the adherence of the United States thereto, and satisfaction of United
+States obligations thereunder, do not expand or reduce any right of an
+author of a work, whether claimed under Federal, State, or the common
+law-
+
+(1) to claim authorship of the work; or
+
+(2) to object to any distortion, mutilation, or other modification of,
+or other derogatory action in relation to, the work, that would
+prejudice the author's honor or reputation.
+
+Sec. 12. Works in the public domain.
+
+Title 17, United States Code, as amended by this Act, does not provide
+copyright protection for any work that is in the public domain in the
+United States.
+
+Sec. 13. Effective date: effect on pending cases.
+
+(a) Effective Date.  This Act and the amendments made by this Act take
+effect on the date on which the Berne Convention (as defined in section
+101 of title 17, United States Code) enters into force with respect to
+the United States. [2]
+
+(b) Effect on Pending Cases.  Any cause of action arising under title 17,
+United States Code, before the effective date of this Act shall be
+governed by the provisions of such title as in effect when the cause of
+action arose.
+
+--------------------
+Appendix II Endnotes
+
+1  Part II of the Appendix consists of provisions of the Berne
+Convention Implementation Act of 1988, Pub. L. No. 100-568, 102 Stat.
+2853, that do not amend title 17 of the *United States Code.*
+
+2  The Berne Convention entered into force in the United States on March
+1, 1989.
+
+------------------------------------------------------------------------
+
+Appendix III. Uruguay Round Agreements Act [1]
+
+Sec. 2. Definitions.
+
+For purposes of this Act:
+
+(1) GATT 1947; GATT 1994.
+
+(A) GATT 1947.  The term "GATT 1947" means the General Agreement on
+Tariffs and Trade, dated October 30, 1947, annexed to the Final Act
+Adopted at the Conclusion of the Second Session of the Preparatory
+Committee of the United Nations Conference on Trade and Employment, as
+subsequently rectified, amended, or modified by the terms of legal
+instruments which have entered into force before the date of entry into
+force of the WTO Agreement.
+
+(B) GATT 1994.  The term "GATT 1994" means the General Agreement on
+Tariffs and Trade annexed to the WTO Agreement.
+
+(2) HTS.  The term "HTS" means the Harmonized Tariff Schedule of the
+United States.
+
+(3)International trade commission.  The term "International Trade
+Commission" means the United States International Trade Commission.
+
+(4) Multilateral trade agreement.  The term "multilateral trade
+agreement" means an agreement described in section 101(d) of this Act
+(other than an agreement described in paragraph (17) or (18) of such
+section).
+
+(5) Schedule XX.  The term "Schedule XX" means Schedule XX - United States
+of America annexed to the Marrakesh Protocol to the GATT 1994.
+
+(6) Trade representative.  The term "Trade Representative" means the
+United States Trade Representative.
+
+(7) Uruguay round agreements.  The term "Uruguay Round Agreements" means
+the agreements approved by the Congress under section 101(a)(1).
+
+(8) World trade organization and WTO.  The terms "World Trade
+Organization" and "WTO" mean the organization established pursuant to
+the WTO Agreement.
+
+(9) WTO agreement.  The term "WTO Agreement" means the Agreement
+Establishing the World Trade Organization entered into on April 15,
+1994.
+
+(10) WTO member and WTO member country.  The terms "WTO member" and "WTO
+member country" mean a state, or separate customs territory (within the
+meaning of Article XII of the WTO Agreement), with respect to which the
+United States applies the WTO Agreement.
+
+Sec. 101. Approval and entry into force of the Uruguay Round Agreements.
+
+(a) Approval of Agreements and Statement of Administrative Action.
+Pursuant to section 1103 of the Omnibus Trade and Competitiveness Act of
+1988 (19 U.S.C. 2903) and section 151 of the Trade Act of 1974 (19
+U.S.C. 2191), the Congress approves-
+
+(1) the trade agreements described in subsection (d) resulting from the
+Uruguay Round of multilateral trade negotiations under the auspices of
+the General Agreement on Tariffs and Trade, entered into on April 15,
+1994, and submitted to the Congress on September 27, 1994; and
+
+(2) the statement of administrative action proposed to implement the
+agreements that was submitted to the Congress on September 27, 1994.
+
+(b) Entry Into Force.  At such time as the President determines that a
+sufficient number of foreign countries are accepting the obligations of
+the Uruguay Round Agreements, in accordance with article XIV of the WTO
+Agreement, to ensure the effective operation of, and adequate benefits
+for the United States under, those Agreements, the President may accept
+the Uruguay Round Agreements and implement article VIII of the WTO
+Agreement.
+
+(c) Authorization of Appropriations.  There are authorized to be
+appropriated annually such sums as may be necessary for the payment by
+the United States of its share of the expenses of the WTO.
+
+(d) Trade Agreements to Which This Act Applies.  Subsection (a) applies
+to the WTO Agreement and to the following agreements annexed to that
+Agreement:
+
+(1) The General Agreement on Tariffs and Trade 1994.
+
+(2) The Agreement on Agriculture.
+
+(3) The Agreement on the Application of Sanitary and Phytosanitary
+Measures.
+
+(4) The Agreement on Textiles and Clothing.
+
+(5) The Agreement on Technical Barriers to Trade.
+
+(6) The Agreement on Trade-Related Investment Measures.
+
+(7) The Agreement on Implementation of Article VI of the General
+Agreement on Tariffs and Trade 1994.
+
+(8) The Agreement on Implementation of Article VII of the General
+Agreement on Tariffs and Trade 1994.
+
+(9) The Agreement on Preshipment Inspection.
+
+(10) The Agreement on Rules of Origin.
+
+(11) The Agreement on Import Licensing Procedures.
+
+(12) The Agreement on Subsidies and Countervailing Measures.
+
+(13) The Agreement on Safeguards.
+
+(14) The General Agreement on Trade in Services.
+
+(15) The Agreement on Trade-Related Aspects of Intellectual Property
+Rights.
+
+(16) The Understanding on Rules and Procedures Governing the Settlement
+of Disputes.
+
+(17) The Agreement on Government Procurement.
+
+(18) The International Bovine Meat Agreement.
+
+Sec. 102. Relationship of the agreements to United States law and
+state law.
+
+(a) Relationship of Agreements to United States Law.
+
+(1) United states law to prevail in conflict.  No provision of any of the
+Uruguay Round Agreements, nor the application of any such provision to
+any person or circumstance, that is inconsistent with any law of the
+United States shall have effect.
+
+(2) Construction.  Nothing in this Act shall be construed
+
+(A) to amend or modify any law of the United States, including any law
+relating to-
+
+(i) the protection of human, animal, or plant life or health,
+
+(ii) the protection of the environment, or
+
+(iii) worker safety, or
+
+(B) to limit any authority conferred under any law of the United States,
+including section 301 of the Trade Act of 1974,
+
+unless specifically provided for in this Act.
+
+(b) Relationship of Agreements to State Law.-
+
+(1) Federal-State Consultation.
+
+(A) In General.  Upon the enactment of this Act, the President shall,
+through the intergovernmental policy advisory committees on trade
+established under section 306(c)(2)(A) of the Trade and Tariff Act of
+1984 (19 U.S.C. 2114c(2)(A)), consult with the States for the purpose of
+achieving conformity of State laws and practices with the Uruguay Round
+Agreements.
+
+(B) Federal-State Consultation Process.  The Trade Representative shall
+establish within the Office of the United States Trade Representative a
+Federal-State consultation process for addressing issues relating to the
+Uruguay Round Agreements that directly relate to, or will potentially
+have a direct effect on, the States. The Federal-State consultation
+process shall include procedures under which-
+
+(i) the States will be informed on a continuing basis of matters under
+the Uruguay Round Agreements that directly relate to, or will
+potentially have a direct impact on, the States;
+
+(ii) the States will be provided an opportunity to submit, on a
+continuing basis, to the Trade Representative information and advice
+with respect to matters referred to in clause (i); and
+
+(iii) the Trade Representative will take into account the information
+and advice received from the States under clause (ii) when formulating
+United States positions regarding matters referred to in clause (i).
+
+The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to
+the Federal-State consultation process established by this paragraph.
+
+(C) Federal-State Cooperation in WTO Dispute Settlement.
+
+(i) When a WTO member requests consultations with the United States
+under Article 4 of the Understanding on Rules and Procedures Governing
+the Settlement of Disputes referred to in section 101(d)(16) (hereafter
+in this subsection referred to as the "Dispute Settlement
+Understanding") concerning whether the law of a State is inconsistent
+with the obligations undertaken by the United States in any of the
+Uruguay Round Agreements, the Trade Representative shall notify the
+Governor of the State or the Governor's designee, and the chief legal
+officer of the jurisdiction whose law is the subject of the
+consultations, as soon as possible after the request is received, but in
+no event later than 7 days thereafter.
+
+(ii) Not later than 30 days after receiving such a request for
+consultations, the Trade Representative shall consult with
+representatives of the State concerned regarding the matter. If the
+consultations involve the laws of a large number of States, the Trade
+Representative may consult with an appropriate group of representatives
+of the States concerned, as determined by those States.
+
+(iii) The Trade Representative shall make every effort to ensure that
+the State concerned is involved in the development of the position of
+the United States at each stage of the consultations and each subsequent
+stage of dispute settlement proceedings regarding the matter. In
+particular, the Trade Representative shall-
+
+(I) notify the State concerned not later than 7 days after a WTO member
+requests the establishment of a dispute settlement panel or gives notice
+of the WTO member's decision to appeal a report by a dispute settlement
+panel regarding the matter; and
+
+(II) provide the State concerned with the opportunity to advise and
+assist the Trade Representative in the preparation of factual
+information and argumentation for any written or oral presentations by
+the United States in consultations or in proceedings of a panel or the
+Appellate Body regarding the matter.
+
+(iv) If a dispute settlement panel or the Appellate Body finds that the
+law of a State is inconsistent with any of the Uruguay Round Agreements,
+the Trade Representative shall consult with the State concerned in an
+effort to develop a mutually agreeable response to the report of the
+panel or the Appellate Body and shall make every effort to ensure that
+the State concerned is involved in the development of the United States
+position regarding the response.
+
+(D) Notice to States Regarding Consultations on Foreign Subcentral
+Government Laws.
+
+(i) Subject to clause (ii), the Trade Representative shall, at least 30
+days before making a request for consultations under Article 4 of the
+Dispute Settlement Understanding regarding a subcentral government
+measure of another WTO member, notify, and solicit the views of,
+appropriate representatives of each State regarding the matter.
+
+(ii) In exigent circumstances clause (i) shall not apply, in which case
+the Trade Representative shall notify the appropriate representatives of
+each State not later than 3 days after making the request for
+consultations referred to in clause (i).
+
+(2) Legal Challenge.
+
+(A) In General.  No State law, or the application of such a State law,
+may be declared invalid as to any person or circumstance on the ground
+that the provision or application is inconsistent with any of the
+Uruguay Round Agreements, except in an action brought by the United
+States for the purpose of declaring such law or application invalid.
+
+(B) Procedures Governing Action.  In any action described in subparagraph
+(A) that is brought by the United States against a State or any
+subdivision thereof
+
+(i) a report of a dispute settlement panel or the Appellate Body
+convened under the Dispute Settlement Understanding regarding the State
+law, or the law of any political subdivision thereof, shall not be
+considered as binding or otherwise accorded deference;
+
+(ii) the United States shall have the burden of proving that the law
+that is the subject of the action, or the application of that law, is
+inconsistent with the agreement in question;
+
+(iii) any State whose interests may be impaired or impeded in the action
+shall have the unconditional right to intervene in the action as a
+party, and the United States shall be entitled to amend its complaint to
+include a claim or cross-claim concerning the law of a State that so
+intervenes; and
+
+(iv) any State law that is declared invalid shall not be deemed to have
+been invalid in its application during any period before the court's
+judgment becomes final and all timely appeals, including discretionary
+review, of such judgment are exhausted.
+
+(C) Reports to Congressional Committees.  At least 30 days before the
+United States brings an action described in subparagraph (A), the Trade
+Representative shall provide a report to the Committee on Ways and Means
+of the House of Representatives and the Committee on Finance of the
+Senate-
+
+(i) describing the proposed action;
+
+(ii) describing efforts by the Trade Representative to resolve the
+matter with the State concerned by other means; and
+
+(iii) if the State law was the subject of consultations under the
+Dispute Settlement Understanding, certifying that the Trade
+Representative has substantially complied with the requirements of
+paragraph (1)(C) in connection with the matter.
+
+Following the submission of the report, and before the action is
+brought, the Trade Representative shall consult with the committees
+referred to in the preceding sentence concerning the matter.
+
+(3) Definition of State Law.  For purposes of this subsection-
+
+(A) the term "State law" includes-
+
+(i) any law of a political subdivision of a State; and
+
+(ii) any State law regulating or taxing the business of insurance; and
+
+(B) the terms "dispute settlement panel" and "Appellate Body" have the
+meanings given those terms in section 121.
+
+(c) Effect of Agreement With Respect to Private Remedies.
+
+(1) Limitations.  No person other than the United States-
+
+(A) shall have any cause of action or defense under any of the Uruguay
+Round Agreements or by virtue of congressional approval of such an
+agreement, or
+
+(B) may challenge, in any action brought under any provision of law, any
+action or inaction by any department, agency, or other instrumentality
+of the United States, any State, or any political subdivision of a State
+on the ground that such action or inaction is inconsistent with such
+agreement.
+
+(2) Intent of congress.  It is the intention of the Congress through
+paragraph (1) to occupy the field with respect to any cause of action or
+defense under or in connection with any of the Uruguay Round Agreements,
+including by precluding any person other than the United States from
+bringing any action against any State or political subdivision thereof
+or raising any defense to the application of State law under or in
+connection with any of the Uruguay Round Agreements-
+
+(A) on the basis of a judgment obtained by the United States in an
+action brought under any such agreement; or
+
+(B) on any other basis.
+
+(d) Statement of Administrative Action.  The statement of administrative
+action approved by the Congress under section 101(a) shall be regarded
+as an authoritative expression by the United States concerning the
+interpretation and application of the Uruguay Round Agreements and this
+Act in any judicial proceeding in which a question arises concerning
+such interpretation or application.
+
+Sec. 103. Implementing actions in anticipation of entry into force;
+regulations.
+
+(a) Implementing Actions.  After the date of the enactment of this Act-
+
+(1) the President may proclaim such actions, and
+
+(2) other appropriate officers of the United States Government may issue
+such regulations,
+
+as may be necessary to ensure that any provision of this Act, or
+amendment made by this Act, that takes effect on the date any of the
+Uruguay Round Agreements enters into force with respect to the United
+States is appropriately implemented on such date. Such proclamation or
+regulation may not have an effective date earlier than the date of entry
+into force with respect to the United States of the agreement to which
+the proclamation or regulation relates.
+
+(b) Regulations.  Any interim regulation necessary or appropriate to
+carry out any action proposed in the statement of administrative action
+approved under section 101(a) to implement an agreement described in
+section 101(d) (7), (12), or (13) shall be issued not later than 1 year
+after the date on which the agreement enters into force with respect to
+the United States.
+
+--------------------
+Appendix III Endnote
+
+1  Part III of the Appendix consists of provisions of the Uruguay Round
+Agreements Act, Pub. L. No. 103-465, 108 Stat. 4809, that do not amend
+title 17 of the *United States Code.*
+
+------------------------------------------------------------------------
+
+Appendix IV. GATT/Trade-Related Aspects of Intellectual
+Property Rights (TRIPs) Agreement, Part II:  [1]
+
+Section 6: Layout-Designs (Topographies) of Integrated Circuits
+
+Article 35
+
+Relation to IPIC Treaty
+
+Members agree to provide protection to the layout-designs (topographies)
+of integrated circuits (hereinafter referred to as "layout-designs") in
+accordance with Articles 2-7 (other than paragraph 3 of Article 6),
+Article 12 and paragraph 3 of Article 16 of the Treaty on Intellectual
+Property in Respect of Integrated Circuits and, in addition, to comply
+with the following provisions.
+
+Article 36
+
+Scope of the Protection [2]
+
+Subject to the provisions of paragraph 1 of Article 37 below, Members
+shall consider unlawful the following acts if performed without the
+authorization of the right holder: importing, selling, or otherwise
+distributing for commercial purposes a protected layout-design, an
+integrated circuit in which a protected layout-design is incorporated,
+or an article incorporating such an integrated circuit only insofar as
+it continues to contain an unlawfully reproduced layout-design.
+
+Article 37
+
+Acts not Requiring the Authorization of the Right Holder
+
+1. Notwithstanding Article 36 above, no Member shall consider unlawful
+the performance of any of the acts referred to in that Article in
+respect of an integrated circuit incorporating an unlawfully reproduced
+layout-design or any article incorporating such an integrated circuit
+where the person performing or ordering such acts did not know and had
+no reasonable ground to know, when acquiring the integrated circuit or
+article incorporating such an integrated circuit, that it incorporated
+an unlawfully reproduced layout-design. Members shall provide that,
+after the time that such person has received sufficient notice that the
+layout-design was unlawfully reproduced, he may perform any of the acts
+with respect to the stock on hand or ordered before such time, but shall
+be liable to pay to the right holder a sum equivalent to a reasonable
+royalty such as would be payable under a freely negotiated license in
+respect of such a layout-design.
+
+2. The conditions set out in sub-paragraphs (a)-(k) of Article 31 above
+shall apply *mutatis mutandis* in the event of any non-voluntary
+licensing of a layout-design or of its use by or for the government
+without the authorization of the right holder.
+
+Article 38
+
+Term of Protection
+
+1. In Members requiring registration as a condition of protection, the
+term of protection of layout-designs shall not end before the expiration
+of a period of ten years counted from the date of filing an application
+for registration or from the first commercial exploitation wherever in
+the world it occurs.
+
+2. In Members not requiring registration as a condition for protection,
+layout-designs shall be protected for a term of no less than ten years
+from the date of the first commercial exploitation wherever in the world
+it occurs.
+
+3. Notwithstanding paragraphs 1 and 2 above, a Member may provide that
+protection shall lapse fifteen years after the creation of the layout-
+design.
+
+--------------------
+Appendix IV Endnotes
+
+1  For an explanation of the relationship of this section of TRIPs to
+title 17 of the *United States Code*, see the second paragraph of
+endnote 8, chapter 9, *supra.*
+
+2  The term "right holder" in this section shall be understood as having
+the same meaning as the term "holder of the right" in the Treaty on
+Intellectual Property in Respect of Integrated Circuits, done at
+Washington, D.C., on May 26, 1989.
+
+------------------------------------------------------------------------
+
+Appendix V. Additional Provisions of the Digital Millennium
+Copyright Act [1]
+
+Section 1. Short Title.
+
+This Act may be cited as the "Digital Millennium Copyright Act".
+
+Title I-WIPO Treaties Implementation
+
+SEC. 101. SHORT TITLE.
+
+This title may be cited as the "WIPO Copyright and Performances and
+Phonograms Treaties Implementation Act of 1998".
+
+* * * * * * *
+
+SEC. 104. EVALUATION OF IMPACT OF COPYRIGHT LAW AND AMENDMENTS ON
+ELECTRONIC COMMERCE AND TECHNOLOGICAL DEVELOPMENT.
+
+(a) Evaluation by the Register of Copyrights and the Assistant Secretary
+for Communications and Information.  The Register of Copyrights and the
+Assistant Secretary for Communications and Information of the Department
+of Commerce shall jointly evaluate-
+
+(1) the effects of the amendments made by this title and the development
+of electronic commerce and associated technology on the operation of
+sections 109 and 117 of title 17, United States Code; and
+
+(2) the relationship between existing and emergent technology and the
+operation of sections 109 and 117 of title 17, United States Code.
+
+(b) Report to Congress.  The Register of Copyrights and the Assistant
+Secretary for Communications and Information of the Department of
+Commerce shall, not later than 24 months after the date of the enactment
+of this Act, submit to the Congress a joint report on the evaluation
+conducted under subsection (a), including any legislative
+recommendations the Register and the Assistant Secretary may have.
+
+SEC. 105. EFFECTIVE DATE.
+
+(a) In General.  Except as otherwise provided in this title, this title
+and the amendments made by this title shall take effect on the date of
+the enactment of this Act.
+
+(b) Amendments Relating to Certain International Agreements.  (1) The
+following shall take effect upon the entry into force of the WIPO
+Copyright Treaty with respect to the United States:
+
+(A) Paragraph (5) of the definition of "international agreement"
+contained in section 101 of title 17, United States Code, as amended by
+section 102(a)(4) of this Act.
+
+(B) The amendment made by section 102(a)(6) of this Act.
+
+(C) Subparagraph (C) of section 104A(h)(1) of title 17, United States
+Code, as amended by section 102(c)(1) of this Act.
+
+(D) Subparagraph (C) of section 104A(h)(3) of title 17, United States
+Code, as amended by section 102(c)(2) of this Act.
+
+(2) The following shall take effect upon the entry into force of the
+WIPO Performances and Phonograms Treaty with respect to the United
+States:
+
+(A) Paragraph (6) of the definition of "international agreement"
+contained in section 101 of title 17, United States Code, as amended by
+section 102(a)(4) of this Act.
+
+(B) The amendment made by section 102(a)(7) of this Act.
+
+(C) The amendment made by section 102(b)(2) of this Act.
+
+(D) Subparagraph (D) of section 104A(h)(1) of title 17, United States
+Code, as amended by section 102(c)(1) of this Act.
+
+(E) Subparagraph (D) of section 104A(h)(3) of title 17, United States
+Code, as amended by section 102(c)(2) of this Act.
+
+(F) The amendments made by section 102(c)(3) of this Act.
+
+* * * * * * *
+
+Title II - Online Copyright Infringement Liability Limitation
+
+SEC. 201. SHORT TITLE.
+
+This title may be cited as the "Online Copyright Infringement Liability
+Limitation Act".
+
+* * * * * * *
+
+SEC. 203. EFFECTIVE DATE.
+
+This title and the amendments made by this title shall take effect on
+the date of the enactment of this Act.
+
+* * * * * * *
+
+Title IV - Miscellaneous Provisions
+
+SEC. 401. PROVISIONS RELATING TO THE COMMISSIONER OF PATENTS AND
+TRADEMARKS AND THE REGISTER OF COPYRIGHTS-
+
+(a) Compensation.  (1) Section 3(d) of title 35, United States Code, is
+amended by striking "prescribed by law for Assistant Secretaries of
+Commerce" and inserting "in effect for level III of the Executive
+Schedule under section 5314 of title 5, United States Code".
+
+* * * * * * *
+
+(3) Section 5314 of title 5, United States Code, is amended by adding at
+the end the following:
+
+"Assistant Secretary of Commerce and Commissioner of Patents and
+Trademarks.
+
+"Register of Copyrights.".
+
+* * * * * * *
+
+SEC. 403. LIMITATIONS ON EXCLUSIVE RIGHTS; DISTANCE EDUCATION.
+
+(a) Recommendations by Register of Copyrights.  Not later than 6 months
+after the date of the enactment of this Act, the Register of Copyrights,
+after consultation with representatives of copyright owners, nonprofit
+educational institutions, and nonprofit libraries and archives, shall
+submit to the Congress recommendations on how to promote distance
+education through digital technologies, including interactive digital
+networks, while maintaining an appropriate balance between the rights of
+copyright owners and the needs of users of copyrighted works. Such
+recommendations shall include any legislation the Register of Copyrights
+considers appropriate to achieve the objective described in the
+preceding sentence.
+
+(b) Factors.  In formulating recommendations under subsection (a), the
+Register of Copyrights shall consider-
+
+(1) the need for an exemption from exclusive rights of copyright owners
+for distance education through digital networks;
+
+(2) the categories of works to be included under any distance education
+exemption;
+
+(3) the extent of appropriate quantitative limitations on the portions
+of works that may be used under any distance education exemption;
+
+(4) the parties who should be entitled to the benefits of any distance
+education exemption;
+
+(5) the parties who should be designated as eligible recipients of
+distance education materials under any distance education exemption;
+
+(6) whether and what types of technological measures can or should be
+employed to safeguard against unauthorized access to, and use or
+retention of, copyrighted materials as a condition of eligibility for
+any distance education exemption, including, in light of developing
+technological capabilities, the exemption set out in section 110(2) of
+title 17, United States Code;
+
+(7) the extent to which the availability of licenses for the use of
+copyrighted works in distance education through interactive digital
+networks should be considered in assessing eligibility for any distance
+education exemption; and
+
+(8) such other issues relating to distance education through interactive
+digital networks that the Register considers appropriate.
+
+* * * * * * *
+
+SEC. 405. SCOPE OF EXCLUSIVE RIGHTS IN SOUND RECORDINGS;
+
+EPHEMERAL RECORDINGS.
+
+(a) Scope of Exclusive Rights in Sound Recordings.
+
+* * * * * * *
+
+(5) The amendment made by paragraph (2)(B)(i)(III) of this subsection
+shall be deemed to have been enacted as part of the Digital Performance
+Right in Sound Recordings Act of 1995, and the publication of notice of
+proceedings under section 114(f)(1) of title 17, United States Code, as
+in effect upon the effective date of that Act, for the determination of
+royalty payments shall be deemed to have been made for the period
+beginning on the effective date of that Act and ending on December 1,
+2001.
+
+(6) The amendments made by this subsection do not annul, limit, or
+otherwise impair the rights that are preserved by section 114 of title
+17, United States Code, including the rights preserved by subsections
+(c), (d)(4), and (i) of such section.
+
+* * * * * * *
+
+(c) Scope of Section 112(a) of Title 17 Not Affected.
+
+Nothing in this section or the amendments made by this section shall
+affect the scope of section 112(a) of title 17, United States Code, or
+the entitlement of any person to an exemption thereunder.
+
+* * * * * * *
+
+SEC. 406. ASSUMPTION OF CONTRACTUAL OBLIGATIONS RELATED TO-
+
+TRANSFERS OF RIGHTS IN MOTION PICTURES.
+
+(a) In General.  Part VI of title 28, United States Code, is amended by
+adding at the end the following new chapter:
+
+"CHAPTER 180-ASSUMPTION OF
+CERTAIN CONTRACTUAL OBLIGATIONS
+
+"Sec. 4001. Assumption of contractual obligations related to transfers
+of rights in motion pictures.
+
+"Sec. 4001. Assumption of contractual obligations related to transfers
+of rights in motion pictures
+
+"(a) Assumption of Obligations.  (1) In the case of a transfer of
+copyright ownership under United States law in a motion picture (as the
+terms 'transfer of copyright ownership' and 'motion picture' are defined
+in section 101 of title 17) that is produced subject to 1 or more
+collective bargaining agreements negotiated under the laws of the United
+States, if the transfer is executed on or after the effective date of
+this chapter and is not limited to public performance rights, the
+transfer instrument shall be deemed to incorporate the assumption
+agreements applicable to the copyright ownership being transferred that
+are required by the applicable collective bargaining agreement, and the
+transferee shall be subject to the obligations under each such
+assumption agreement to make residual payments and provide related
+notices, accruing after the effective date of the transfer and
+applicable to the exploitation of the rights transferred, and any
+remedies under each such assumption agreement for breach of those
+obligations, as those obligations and remedies are set forth in the
+applicable collective bargaining agreement, if-
+
+"(A) the transferee knows or has reason to know at the time of the
+transfer that such collective bargaining agreement was or will be
+applicable to the motion picture; or
+
+"(B) in the event of a court order confirming an arbitration award
+against the transferor under the collective bargaining agreement, the
+transferor does not have the financial ability to satisfy the award
+within 90 days after the order is issued.
+
+"(2) For purposes of paragraph (1)(A), 'knows or has reason to know'
+means any of the following:
+
+"(A) Actual knowledge that the collective bargaining agreement was or
+will be applicable to the motion picture.
+
+"(B)(i) Constructive knowledge that the collective bargaining agreement
+was or will be applicable to the motion picture, arising from
+recordation of a document pertaining to copyright in the motion picture
+under section 205 of title 17 or from publication, at a site available
+to the public on-line that is operated by the relevant union, of
+information that identifies the motion picture as subject to a
+collective bargaining agreement with that union, if the site permits
+commercially reasonable verification of the date on which the
+information was available for access.
+
+"(ii) Clause (i) applies only if the transfer referred to in subsection
+(a)(1) occurs-
+
+"(I) after the motion picture is completed, or
+
+"(II) before the motion picture is completed and-
+
+"(aa) within 18 months before the filing of an application for
+copyright registration for the motion picture under section 408 of title
+17, or
+
+"(bb) if no such application is filed, within 18 months before the
+first publication of the motion picture in the United States.
+
+"(C) Awareness of other facts and circumstances pertaining to a
+particular transfer from which it is apparent that the collective
+bargaining agreement was or will be applicable to the motion picture.
+
+"(b) Scope of Exclusion of Transfers of Public Performance Rights.  For
+purposes of this section, the exclusion under subsection (a) of
+transfers of copyright ownership in a motion picture that are limited to
+public performance rights includes transfers to a terrestrial broadcast
+station, cable system, or programmer to the extent that the station,
+system, or programmer is functioning as an exhibitor of the motion
+picture, either by exhibiting the motion picture on its own network,
+system, service, or station, or by initiating the transmission of an
+exhibition that is carried on another network, system, service, or
+station. When a terrestrial broadcast station, cable system, or
+programmer, or other transferee, is also functioning otherwise as a
+distributor or as a producer of the motion picture, the public
+performance exclusion does not affect any obligations imposed on the
+transferee to the extent that it is engaging in such functions.
+
+"(c) Exclusion for Grants of Security Interests.  Subsection (a) shall
+not apply to-
+
+"(1) a transfer of copyright ownership consisting solely of a mortgage,
+hypothecation, or other security interest; or
+
+"(2) a subsequent transfer of the copyright ownership secured by the
+security interest described in paragraph (1) by or under the authority
+of the secured party, including a transfer through the exercise of the
+secured party's rights or remedies as a secured party, or by a
+subsequent transferee.
+
+"The exclusion under this subsection shall not affect any rights or
+remedies under law or contract.
+
+"(d) Deferral Pending Resolution of Bona Fide Dispute.
+
+"A transferee on which obligations are imposed under subsection (a) by
+virtue of paragraph (1) of that subsection may elect to defer
+performance of such obligations that are subject to a bona fide dispute
+between a union and a prior transferor until that dispute is resolved,
+except that such deferral shall not stay accrual of any union claims due
+under an applicable collective bargaining agreement.
+
+"(e) Scope of Obligations Determined by Private Agreement.  Nothing in
+this section shall expand or diminish the rights, obligations, or
+remedies of any person under the collective bargaining agreements or
+assumption agreements referred to in this section.
+
+"(f) Failure to Notify.  If the transferor under subsection (a) fails to
+notify the transferee under subsection (a) of applicable collective
+bargaining obligations before the execution of the transfer instrument,
+and subsection (a) is made applicable to the transferee solely by virtue
+of subsection (a)(1)(B), the transferor shall be liable to the
+transferee for any damages suffered by the transferee as a result of the
+failure to notify.
+
+"(g) Determination of Disputes and Claims.  Any dispute concerning the
+application of subsections (a) through (f) shall be determined by an
+action in United States district court, and the court in its discretion
+may allow the recovery of full costs by or against any party and may
+also award a reasonable attorney's fee to the prevailing party as part
+of the costs.
+
+"(h) Study.  The Comptroller General, in consultation with the Register
+of Copyrights, shall conduct a study of the conditions in the motion
+picture industry that gave rise to this section, and the impact of this
+section on the motion picture industry. The Comptroller General shall
+report the findings of the study to the Congress within 2 years after
+the effective date of this chapter."
+
+* * * * * * *
+
+SEC. 407. EFFECTIVE DATE.
+
+Except as otherwise provided in this title, this title and the
+amendments made by this title shall take effect on the date of the
+enactment of this Act.
+
+* * * * * * *
+
+Title V-Protection of Certain Original Designs
+
+SEC. 501. SHORT TITLE.
+
+This Act may be referred to as the "Vessel Hull Design Protection Act".
+
+* * * * * * *
+
+SEC. 503. CONFORMING AMENDMENTS.
+
+* * * * * * *
+
+(b) Jurisdictions of District Courts Over Design Actions.  (1) Section
+1338(c) of title 28, United States Code, is amended by inserting ", and
+to exclusive rights in designs under chapter 13 of title 17," after
+"title 17".
+
+(2)(A) The section heading for section 1338 of title 28, United States
+Code, is amended by inserting "designs," after "mask works,".
+
+(B) The item relating to section 1338 in the table of sections at the
+beginning of chapter 85 of title 28, United States Code, is amended by
+inserting "designs," after "mask works,".
+
+(c) Place for Bringing Design Actions.  (1) Section 1400(a) of title 28,
+United States Code, is amended by inserting "or designs" after "mask
+works".
+
+(2) The section heading for section 1400 of title 28, United States Code
+is amended to read as follows:
+
+"Patents and copyrights, mask works, and designs".
+
+(3) The item relating to section 1400 in the table of sections at the
+beginning of chapter 87 of title 28, United States Code, is amended to
+read as follows:
+
+"1400. Patents and copyrights, mask works, and designs.".
+
+(d) Actions Against the United States.  Section 1498(e) of title 28,
+United States Code, is amended by inserting ", and to exclusive rights
+in designs under chapter 13 of title 17," after "title 17".
+
+SEC. 504. JOINT STUDY OF THE EFFECT OF THIS TITLE [2]
+
+(a) In General.  Not later than November 1, 2003, the Register of
+Copyrights and the Commissioner of Patents and Trademarks shall submit
+to the Committees on the Judiciary of the Senate and the House of
+Representatives a joint report evaluating the effect of the amendments
+made by this title.
+
+(b) Elements for Consideration.  In carrying out subsection (a), the
+Register of Copyrights and the Commissioner of Patents and Trademarks
+shall consider-
+
+(1) the extent to which the amendments made by this title has been
+effective in suppressing infringement of the design of vessel hulls;
+
+(2) the extent to which the registration provided for in chapter 13 of
+title 17, United States Code, as added by this title, has been utilized;
+
+(3) the extent to which the creation of new designs of vessel hulls have
+been encouraged by the amendments made by this title;
+
+(4) the effect, if any, of the amendments made by this title on the
+price of vessels with hulls protected under such amendments; and
+
+(5) such other considerations as the Register and the Commissioner may
+deem relevant to accomplish the purposes of the evaluation conducted
+under subsection (a).
+
+SEC. 505. EFFECTIVE DATE. [3]
+
+The amendments made by sections 502 and 503 shall take effect on the
+date of the enactment of this Act.
+
+-------------------
+Appendix V Endnotes
+
+1  Part V of the Appendix contains 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.
+
+------------------------------------------------------------------------
+
+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 nations if its dates of publication are within 30 days of one
+another.
+
+-------------------
+Appendix VI Endnote
+
+1  For a discussion of the legislative history of the definition of
+"Berne Convention work," see endnote 2, chapter 1, *supra.*
+
+------------------------------------------------------------------------
+
+Appendix VII. Selected Provisions of the U.S. Code Relating to Copyright
+
+Title 18 - Crimes and Criminal Procedure
+
+Part I - Crimes
+
+Chapter 113 - Stolen Property
+
+* * * * * * *
+
+Sec.  2318. Trafficking in counterfeit labels for phonorecords, copies
+of computer programs or computer program documentation or packaging, and
+copies of motion pictures or other audio visual works, and trafficking
+in counterfeit computer program documentation or packaging. [1]
+
+(a) Whoever, in any of the circumstances described in subsection (c) of
+this section, knowingly traffics in a counterfeit label affixed or
+designed to be affixed to a phonorecord, or a copy of a computer program
+or documentation or packaging for a computer program, or a copy of a
+motion picture or other audiovisual work, and whoever, in any of the
+circumstances described in subsection (c) of this section, knowingly
+traffics in counterfeit documentation or packaging for a computer
+program, shall be fined under this title or imprisoned for not more than
+five years, or both.
+
+(b) As used in this section-
+
+(1) the term "counterfeit label" means an identifying label or container
+that appears to be genuine, but is not;
+
+(2) the term "traffic" means to transport, transfer or otherwise dispose
+of, to another, as consideration for anything of value or to make or
+obtain control of with intent to so transport, transfer or dispose of;
+and
+
+(3) the terms "copy", "phonorecord", "motion picture", "computer
+program", and "audiovisual work" have, respectively, the meanings given
+those terms in section 101 (relating to definitions) of title 17.
+
+(c) The circumstances referred to in subsection (a) of this section are-
+
+(1) the offense is committed within the special maritime and territorial
+jurisdiction of the United States; or within the special aircraft
+jurisdiction of the United States (as defined in section 46501 of title
+49);
+
+(2) the mail or a facility of interstate or foreign commerce is used or
+intended to be used in the commission of the offense;
+
+(3) the counterfeit label is affixed to or encloses, or is designed to
+be affixed to or enclose, a copy of a copyrighted computer program or
+copyrighted documentation or packaging for a computer program, a
+copyrighted motion picture or other audiovisual work, or a phonorecord
+of a copyrighted sound recording; or
+
+(4) the counterfeited documentation or packaging for a computer program
+is copyrighted.
+
+(d) When any person is convicted of any violation of subsection (a), the
+court in its judgment of conviction shall in addition to the penalty
+therein prescribed, order the forfeiture and destruction or other
+disposition of all counterfeit labels and all articles to which
+counterfeit labels have been affixed or which were intended to have had
+such labels affixed.
+
+(e) Except to the extent they are inconsistent with the provisions of
+this title, all provisions of section 509, title 17, United States Code,
+are applicable to violations of subsection (a).
+
+Sec.  2319. Criminal infringement of a copyright [2]
+
+(a) Whoever violates section 506(a) (relating to criminal offenses) of
+title 17 shall be punished as provided in subsections (b) and (c) of
+this section and such penalties shall be in addition to any other
+provisions of title 17 or any other law.
+
+(b) Any person who commits an offense under section 506 (a)(1) of title
+17-
+
+(1) shall be imprisoned not more than 5 years, or fined in the amount
+set forth in this title, or both, if the offense consists of the
+reproduction or distribution, including by electronic means, during any
+180-day period, of at least 10 copies or phonorecords, of 1 or more
+copyrighted works, which have a total retail value of more than $2,500;
+
+(2) shall be imprisoned not more than 10 years, or fined in the amount
+set forth in this title, or both, if the offense is a second or
+subsequent offense under paragraph (1); and
+
+(3) shall be imprisoned not more than 1 year, or fined in the amount set
+forth in this title, or both, in any other case.
+
+(c) Any person who commits an offense under section 506(a)(2) of title
+17, United States Code-
+
+(1) shall be imprisoned not more than 3 years, or fined in the amount
+set forth in this title, or both, if the offense consists of the
+reproduction or distribution of 10 or more copies or phonorecords of 1
+or more copyrighted works, which have a total retail value of $2,500 or
+more;
+
+(2) shall be imprisoned not more than 6 years, or fined in the amount
+set forth in this title, or both, if the offense is a second or
+subsequent offense under paragraph (1); and
+
+(3) shall be imprisoned not more than 1 year, or fined in the amount set
+forth in this title, or both, if the offense consists of the
+reproduction or distribution of 1 or more copies or phonorecords of 1 or
+more copyrighted works, which have a total retail value of more than
+$1,000.
+
+(d) (1) During preparation of the presentence report pursuant to Rule
+32(c) of the Federal Rules of Criminal Procedure, victims of the offense
+shall be permitted to submit, and the probation officer shall receive, a
+victim impact statement that identifies the victim of the offense and
+the extent and scope of the injury and loss suffered by the victim,
+including the estimated economic impact of the offense on that victim.
+
+(2) Persons permitted to submit victim impact statements shall include-
+
+(A) producers and sellers of legitimate works affected by conduct
+involved in the offense;
+
+(B) holders of intellectual property rights in such works; and
+
+(C) the legal representatives of such producers, sellers, and holders.
+
+(e) As used in this section-
+
+(1) the terms "phonorecord" and "copies" have, respectively, the
+meanings set forth in section 101 (relating to definitions) of title 17;
+and
+
+(2) the terms "reproduction" and "distribution" refer to the exclusive
+rights of a copyright owner under clauses (1) and (3) respectively of
+section 106 (relating to exclusive rights in copyrighted works), as
+limited by sections 107 through 120, of title 17.
+
+Sec.  2319A. Unauthorized fixation of and trafficking in sound recordings
+and music videos of live musical performances [3]
+
+(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) Victim Impact Statement.
+
+(1) During preparation of the presentence report pursuant to Rule 32(c)
+of the Federal Rules of Criminal Procedure, victims of the offense shall
+be permitted to submit, and the probation officer shall receive, a
+victim impact statement that identifies the victim of the offense and
+the extent and scope of the injury and loss suffered by the victim,
+including the estimated economic impact of the offense on that victim.
+
+(2) Persons permitted to submit victim impact statements shall include-
+
+(A) producers and sellers of legitimate works affected by conduct
+involved in the offense;
+
+(B) holders of intellectual property rights in such works; and
+
+(C) the legal representatives of such producers, sellers, and holders.
+
+(e) 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.
+
+(f) 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.
+
+* * * * * * *
+
+Title 28 - Judiciary and Judicial Procedure
+
+Part IV - Jurisdiction and Venue
+
+Chapter 85 - District Courts; Jurisdiction
+
+* * * * * * *
+
+Sec.  1338. Patents, plant variety protection, copyrights, mask works,
+trade-marks, and unfair competition {4}
+
+(a) The district courts shall have original jurisdiction of any civil
+action arising under any Act of Congress relating to patents, plant
+variety protection, copyrights and trade-marks. Such jurisdiction shall
+be exclusive of the courts of the states in patent, plant variety
+protection and copyright cases.
+
+(b) The district courts shall have original jurisdiction of any civil
+action asserting a claim of unfair competition when joined with a
+substantial and related claim under the copyright, patent, plant variety
+protection or trade-mark laws.
+
+(c) Subsections (a) and (b) apply to exclusive rights in mask works
+under chapter 9 of title 17 to the same extent as such subsections apply
+to copyrights.
+
+* * * * * * * * *
+
+Chapter 91 - United States Court of Federal Claims
+
+* * * * * * * * *
+
+Sec.  1498. Patent and copyright cases [5]
+
+* * * * * * * * *
+
+(b) Hereafter, whenever the copyright in any work protected under the
+copyright laws of the United States shall be infringed by the United
+States, by a corporation owned or controlled by the United States, or by
+a contractor, subcontractor, or any person, firm, or corporation acting
+for the Government and with the authorization or consent of the
+Government, the exclusive action which may be brought for such
+infringement shall be an action by the copyright owner against the
+United States in the Court of Federal Claims for the recovery of his
+reasonable and entire compensation as damages for such infringement,
+including the minimum statutory damages as set forth in section 504(c)
+of title 17, United States Code: Provided, That a Government employee
+shall have a right of action against the Government under this
+subsection except where he was in a position to order, influence, or
+induce use of the copyrighted work by the Government: Provided, however,
+That this subsection shall not confer a right of action on any copyright
+owner or any assignee of such owner with respect to any copyrighted work
+prepared by a person while in the employment or service of the United
+States, where the copyrighted work was prepared as a part of the
+official functions of the employee, or in the preparation of which
+Government time, material, or facilities were used: And provided
+further, That before such action against the United States has been
+instituted the appropriate corporation owned or controlled by the United
+States or the head of the appropriate department or agency of the
+Government, as the case may be, is authorized to enter into an agreement
+with the copyright owner in full settlement and compromise for the
+damages accruing to him by reason of such infringement and to settle the
+claim administratively out of available appropriations.
+
+Except as otherwise provided by law, no recovery shall be had for any
+infringement of a copyright covered by this subsection committed more
+than three years prior to the filing of the complaint or counterclaim
+for infringement in the action, except that the period between the date
+of receipt of a written claim for compensation by the Department or
+agency of the Government or corporation owned or controlled by the
+United States, as the case may be, having authority to settle such claim
+and the date of mailing by the Government of a notice to the claimant
+that his claim has been denied shall not be counted as a part of the
+three years, unless suit is brought before the last-mentioned date.
+
+(c) The provisions of this section shall not apply to any claim arising
+in a foreign country.
+
+* * * * * * * * * *
+
+(e) Subsections (b) and (c) of this section apply to exclusive rights in
+mask works under chapter 9 of title 17 to the same extent as such
+subsections apply to copyrights.
+
+* * * * * * * * * *
+
+Title 44 - Public Printing and Documents
+
+Chapter 21 - National Archives and Records Administration
+
+* * * * * * * * * *
+
+Sec.  2117. Limitation on liability [6]
+
+When letters and other intellectual productions (exclusive of patented
+material, published works under copyright protection, and unpublished
+works for which copyright registration has been made) come into the
+custody or possession of the Archivist, the United States or its agents
+are not liable for infringement of copyright or analogous rights arising
+out of use of the materials for display, inspection, research,
+reproduction, or other purposes.
+
+---------------------
+Appendix VII Endnotes
+
+1  In 1962, section 2318, entitled "Transportation, sale, or receipt of
+phonograph records bearing forged or counterfeit labels," was added to
+title 18 of the *United States Code.* Pub. L. No. 87-773, 76 Stat. 775.
+In 1974, section 2318 was amended to change the penalties. Pub. L. No.
+93-573, 88 Stat. 1873. The Copyright Act of 1976 revised section 2318
+with an amendment in the nature of a substitute. Pub. L. No. 94-553, 90
+Stat. 2541, 2600. The Piracy and Counterfeiting Amendments Act of 1982
+again revised section 2318 with an amendment in the nature of a
+substitute that included a new title, "Trafficking in counterfeit labels
+for phonorecords, and copies of motion pictures or other audiovisual
+works." Pub. L. No. 97-180, 96 Stat. 91. The Crime Control Act of 1990
+made a technical amendment to section 2318 to delete the comma after
+"phonorecords" in the title. Pub. L. No. 101-647, 104 Stat. 4789, 4928.
+In 1994, section 2318(c)(1) was amended by inserting "section 46501 of
+title 49" in lieu of "section 101 of the Federal Aviation Act of 1958.
+Pub. L. No. 103-272, 108 Stat. 745, 1374. The Violent Crime Control and
+Law Enforcement Act of 1994 amended section 2318(a) by inserting "under
+this title" in lieu of "not more than $250,000." Pub. L. No. 103-322,
+108 Stat. 1796, 2148. (As provided in 18 U.S.C. Sec. 3571, the maximum
+fine for an individual is $250,000, and the maximum fine for an
+organization is $500,000.)
+
+The Anticounterfeiting Consumer Protection Act of 1996 amended section
+2318 by changing the title, by amending subsection (a) to insert "a
+computer program or documentation" through to "knowingly traffics in
+counterfeit documentation or packaging for a computer program" in lieu
+of "a motion picture or other audiovisual work" and by amending
+subsection (b)(3) to insert "computer program" after "motion picture."
+Pub. L. No. 104-153, 110 Stat. 1386. The Act also amended section
+2318(c) by inserting "a copy of a copyrighted computer program or
+copyrighted documentation or packaging for a computer program" into
+paragraph (3) and by adding paragraph (4). *Id.* at 1387.
+
+2  The Piracy and Counterfeiting Amendments Act of 1982 added section
+2319 to title 18 of the *United States Code.* Pub. L. No. 97-180, 96
+Stat. 91, 92. In 1992, section 2319 was amended by substituting a new
+subsection (b), by deleting "sound recording," "motion picture" and
+"audiovisual work" from subsection (c)(1) and by substituting "120" for
+"118" in subsection (c)(2). Pub. L. No. 102-561, 106 Stat. 4233. In
+1997, a technical amendment corrected the spelling of "last" in
+subsection (b)(1) to "least." Pub. L. No. 105-80, 111 Stat. 1529, 1536.
+
+In 1997, the No Electronic Theft Act amended section 2319 of title 18 as
+follows: 1) in subsection (a) by inserting "and (c)" after "subsection
+(b),"; 2) in subsection (b), in the matter preceding paragraph (1), by
+inserting "section 506(a)(1) of title 17" in lieu of "subsection (a) of
+this section,"; 3) in subsection (b)(1) by inserting "including by
+electronic means" and by inserting "which have a total retail value" in
+lieu of "with a retail value," 4) by redesignating subsection (c) as
+subsection (e); and 5) by adding new subsections (c) and (d). Pub. L.
+No. 105-147, 111 Stat. 2678. The Act also directed the United States
+Sentencing Commission to "ensure that the applicable guideline range for
+a defendant convicted of a crime against intellectual property . . . is
+sufficiently stringent to deter such a crime" and to "ensure that the
+guidelines provide for consideration of the retail value and quantity of
+the items with respect to which the crime against intellectual property
+was committed."* Id.* See also endnote 5, chapter 5, *supra.*
+
+3  In 1994, the Uruguay Round Agreements Act added section 2319A to
+title 18 of the *United States Code.* Pub. L. No. 103-465, 108 Stat.
+4809, 4974. In 1997, the No Electronic Theft Act amended section 2319A
+by redesignating subsections (d) and (e) as subsections (e) and (f),
+respectively, and by adding subsection (d). Pub. L. No. 105-147, 111
+Stat. 2678. See also endnote 2, *supra*, regarding the United States
+Sentencing Commission.
+
+4  In 1948, section 1338, entitled "Patents, copyrights, trade-marks,
+and unfair competition," was added to title 28 of the *United States
+Code.* Pub. L. No. 773, 62 Stat. 869, 931. In 1970, the title of section
+1338 and the text of subsection (b) were amended to insert "plant
+variety protection" after "patent." Pub. L. No. 91-577, 84 Stat. 1542,
+1559. In 1988, the Judicial Improvements and Access to Justice Act
+amended section 1338 by adding "mask works" to the title and by adding
+subsection (c). Pub. L. No. 100-702, 102 Stat. 4642, 4671.
+
+5  In 1960, section 1498 of the *United States Code* was amended to add
+subsections (b) and (c). Pub. L. No. 86-726, 74 Stat. 855. The Copyright
+Act of 1976 amended section 1498(b) to insert "section 504(c) of title
+17" in lieu of "section 101(b) of title 17." Pub. L. No. 94-553, 90
+Stat. 2541, 2599. The Federal Courts Improvement Act of 1982 amended
+section 1498(a) to insert "United States Claims Court" in lieu of "Court
+of Claims" and, in subsections (b) and (d), to insert "Claims Court" in
+lieu of "Court of Claims," wherever it appeared. Pub. L. No. 97-164, 96
+Stat. 25, 40. In 1988, the Judicial Improvements and Access to Justice
+Act amended section 1498 by adding subsection (e). Pub. L. No. 100-702,
+102 Stat. 4642, 4671. The Federal Courts Administration Act of 1992
+amended section 1498 by inserting "United States Court of Federal
+Claims" in lieu of "United States Claims Court," wherever it appeared,
+and by inserting "Court of Federal Claims" in lieu of "Claims Court,"
+wherever it appeared. Pub. L. No. 102-572, 106 Stat. 4506, 4516. In
+1997, the No Electronic Theft (NET) Act amended section 1498(b) to
+insert "action which may be brought for such infringement shall be an
+action by the copyright owner" in lieu of "remedy of the owner of such
+copyright shall be by action." Pub. L. No. 105-147, 111 Stat. 2678,
+2680.
+
+6  In 1968, section 2113, entitled "Limitation on liability," was added
+to title 44 of the *United States Code.* Pub. L. No. 90-620, 82 Stat.
+1238, 1291. The Copyright Act of 1976 amended section 2113 in its
+entirety. Pub. L. No. 94-553, 90 Stat. 2541, 2599. The National Archives
+and Records Administration Act of 1984 amended section 2113 by
+redesignating it as section 2117 and by inserting "Archivist" in lieu of
+"Administrator of General Services." Pub. L. No. 98-497, 98 Stat. 2280
+and 2286.
+
+------------------------------------------------------------------------
+
+09-Aug-2001
+
+
+End of The Project Gutenberg Etext of Copyright Law of the United States
+of America
+by The US Copyright Office
+
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