-CITE-
    17 USC CHAPTER 9 - PROTECTION OF SEMICONDUCTOR CHIP
           PRODUCTS                                        01/03/2007
-EXPCITE-
    TITLE 17 - COPYRIGHTS
    CHAPTER 9 - PROTECTION OF SEMICONDUCTOR CHIP PRODUCTS
-HEAD-
           CHAPTER 9 - PROTECTION OF SEMICONDUCTOR CHIP PRODUCTS
-MISC1-
    Sec.
    901.        Definitions.
    902.        Subject matter of protection.
    903.        Ownership, transfer, licensing, and recordation.
    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.
                                AMENDMENTS
      2002 - Pub. L. 107-273, div. C, title III, Sec. 13210(11), Nov.
    2, 2002, 116 Stat. 1910, substituted "licensing" for "licensure" in
    item 903.
      1997 - Pub. L. 105-80, Sec. 12(a)(21), Nov. 13, 1997, 111 Stat.
    1535, substituted "Ownership, transfer, licensure, and recordation"
    for "Ownership and transfer" in item 903.
-End-
-CITE-
    17 USC Sec. 901                                             01/03/2007
-EXPCITE-
    TITLE 17 - COPYRIGHTS
    CHAPTER 9 - PROTECTION OF SEMICONDUCTOR CHIP PRODUCTS
-HEAD-
    Sec. 901. Definitions
-STATUTE-
      (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.
-SOURCE-
    (Added Pub. L. 98-620, title III, Sec. 302, Nov. 8, 1984, 98 Stat.
    3347.)
-MISC1-
                      AUTHORIZATION OF APPROPRIATIONS
      Section 304 of title III of Pub. L. 98-620 provided that: "There
    are authorized to be appropriated such sums as may be necessary to
    carry out the purposes of this title and the amendments made by
    this title [enacting this chapter]."
-End-
-CITE-
    17 USC Sec. 902                                             01/03/2007
-EXPCITE-
    TITLE 17 - COPYRIGHTS
    CHAPTER 9 - PROTECTION OF SEMICONDUCTOR CHIP PRODUCTS
-HEAD-
    Sec. 902. Subject matter of protection
-STATUTE-
      (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.
-SOURCE-
    (Added Pub. L. 98-620, title III, Sec. 302, Nov. 8, 1984, 98 Stat.
    3348; amended Pub. L. 100-159, Sec. 3, Nov. 9, 1987, 101 Stat.
    900.)
-MISC1-
                                AMENDMENTS
      1987 - Subsec. (a)(2). Pub. L. 100-159 inserted provision at end
    permitting the President to revise, suspend, or revoke any such
    proclamation or impose any conditions or limitations on protection
    extended under any such proclamation.
-EXEC-
       EX. ORD. NO. 12504. PROTECTION OF SEMICONDUCTOR CHIP PRODUCTS
      Ex. Ord. No. 12504, Jan. 31, 1985, 50 F.R. 4849, provided:
      By the authority vested in me as President by the Constitution
    and laws of the United States of America, including the
    Semiconductor Chip Protection Act of 1984 (17 U.S.C. 901 et seq.)
    and in order to provide for the orderly implementation of that Act,
    it is hereby ordered that, subject to the authority of the Director
    of the Office of Management and Budget under Executive Order No.
    11030, as amended [44 U.S.C. 1505 note], requests for issuance by
    the President of a proclamation extending the protection of Chapter
    9 of title 17 of the United States Code against unauthorized
    duplication of semiconductor chip products to foreign nationals,
    domiciliaries, and sovereign authorities shall be presented to the
    President through the Secretary of Commerce in accordance with such
    regulations as the Secretary may, after consultation with the
    Secretary of State, prescribe and cause to be published in the
    Federal Register.
                                                          Ronald Reagan.
-End-
-CITE-
    17 USC Sec. 903                                             01/03/2007
-EXPCITE-
    TITLE 17 - COPYRIGHTS
    CHAPTER 9 - PROTECTION OF SEMICONDUCTOR CHIP PRODUCTS
-HEAD-
    Sec. 903. Ownership, transfer, licensing, and recordation
-STATUTE-
      (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).
-SOURCE-
    (Added Pub. L. 98-620, title III, Sec. 302, Nov. 8, 1984, 98 Stat.
    3349.)
-End-
-CITE-
    17 USC Sec. 904                                             01/03/2007
-EXPCITE-
    TITLE 17 - COPYRIGHTS
    CHAPTER 9 - PROTECTION OF SEMICONDUCTOR CHIP PRODUCTS
-HEAD-
    Sec. 904. Duration of protection
-STATUTE-
      (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.
-SOURCE-
    (Added Pub. L. 98-620, title III, Sec. 302, Nov. 8, 1984, 98 Stat.
    3349.)
-End-
-CITE-
    17 USC Sec. 905                                             01/03/2007
-EXPCITE-
    TITLE 17 - COPYRIGHTS
    CHAPTER 9 - PROTECTION OF SEMICONDUCTOR CHIP PRODUCTS
-HEAD-
    Sec. 905. Exclusive rights in mask works
-STATUTE-
      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).
-SOURCE-
    (Added Pub. L. 98-620, title III, Sec. 302, Nov. 8, 1984, 98 Stat.
    3350.)
-End-
-CITE-
    17 USC Sec. 906                                             01/03/2007
-EXPCITE-
    TITLE 17 - COPYRIGHTS
    CHAPTER 9 - PROTECTION OF SEMICONDUCTOR CHIP PRODUCTS
-HEAD-
    Sec. 906. Limitation on exclusive rights: reverse engineering;
      first sale
-STATUTE-
      (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.
-SOURCE-
    (Added Pub. L. 98-620, title III, Sec. 302, Nov. 8, 1984, 98 Stat.
    3350.)
-End-
-CITE-
    17 USC Sec. 907                                             01/03/2007
-EXPCITE-
    TITLE 17 - COPYRIGHTS
    CHAPTER 9 - PROTECTION OF SEMICONDUCTOR CHIP PRODUCTS
-HEAD-
    Sec. 907. Limitation on exclusive rights: innocent infringement
-STATUTE-
      (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.
-SOURCE-
    (Added Pub. L. 98-620, title III, Sec. 302, Nov. 8, 1984, 98 Stat.
    3350.)
-End-
-CITE-
    17 USC Sec. 908                                             01/03/2007
-EXPCITE-
    TITLE 17 - COPYRIGHTS
    CHAPTER 9 - PROTECTION OF SEMICONDUCTOR CHIP PRODUCTS
-HEAD-
    Sec. 908. Registration of claims of protection
-STATUTE-
      (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.
-SOURCE-
    (Added Pub. L. 98-620, title III, Sec. 302, Nov. 8, 1984, 98 Stat.
    3351.)
-End-
-CITE-
    17 USC Sec. 909                                             01/03/2007
-EXPCITE-
    TITLE 17 - COPYRIGHTS
    CHAPTER 9 - PROTECTION OF SEMICONDUCTOR CHIP PRODUCTS
-HEAD-
    Sec. 909. Mask work notice
-STATUTE-
      (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 (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.
-SOURCE-
    (Added Pub. L. 98-620, title III, Sec. 302, Nov. 8, 1984, 98 Stat.
    3352; amended Pub. L. 105-80, Sec. 12(a)(22), Nov. 13, 1997, 111
    Stat. 1535.)
-MISC1-
                                AMENDMENTS
      1997 - Subsec. (b)(1). Pub. L. 105-80 substituted " 'mask work',
    the symbol" for " 'mask force', the sumbol".
-End-
-CITE-
    17 USC Sec. 910                                             01/03/2007
-EXPCITE-
    TITLE 17 - COPYRIGHTS
    CHAPTER 9 - PROTECTION OF SEMICONDUCTOR CHIP PRODUCTS
-HEAD-
    Sec. 910. Enforcement of exclusive rights
-STATUTE-
      (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.
-SOURCE-
    (Added Pub. L. 98-620, title III, Sec. 302, Nov. 8, 1984, 98 Stat.
    3352; amended Pub. L. 101-553, Sec. 2(b)(1), Nov. 15, 1990, 104
    Stat. 2750; Pub. L. 105-80, Sec. 12(a)(23), Nov. 13, 1997, 111
    Stat. 1535.)
-REFTEXT-
                            REFERENCES IN TEXT
      The Federal Rules of Civil Procedure, referred to in subsec.
    (b)(2), are set out in the Appendix to Title 28, Judiciary and
    Judicial Procedure.
      Section 337 of the Tariff Act of 1930, referred to in subsec.
    (c)(1)(A), is classified to section 1337 of Title 19, Customs
    Duties.
      The customs laws, referred to in subsec. (c)(2), are classified
    generally to Title 19.
-MISC1-
                                AMENDMENTS
      1997 - Subsec. (a). Pub. L. 105-80 substituted "As used" for "as
    used" in second sentence.
      1990 - Subsec. (a). Pub. L. 101-553 inserted sentences at end
    defining "any person" and providing that any State and any
    instrumentality, officer, or employee be subject to the provisions
    of this chapter in the same manner and to the same extent as any
    nongovernmental entity.
                     EFFECTIVE DATE OF 1990 AMENDMENT
      Amendment by Pub. L. 101-553 effective with respect to violations
    that occur on or after Nov. 15, 1990, see section 3 of Pub. L. 101-
    553, set out as a note under section 501 of this title.
-End-
-CITE-
    17 USC Sec. 911                                             01/03/2007
-EXPCITE-
    TITLE 17 - COPYRIGHTS
    CHAPTER 9 - PROTECTION OF SEMICONDUCTOR CHIP PRODUCTS
-HEAD-
    Sec. 911. Civil actions
-STATUTE-
      (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).
-SOURCE-
    (Added Pub. L. 98-620, title III, Sec. 302, Nov. 8, 1984, 98 Stat.
    3353; amended Pub. L. 101-553, Sec. 2(b)(2), Nov. 15, 1990, 104
    Stat. 2750.)
-MISC1-
                                AMENDMENTS
      1990 - Subsec. (g). Pub. L. 101-553 added subsec. (g).
                     EFFECTIVE DATE OF 1990 AMENDMENT
      Amendment by Pub. L. 101-553 effective with respect to violations
    that occur on or after Nov. 15, 1990, see section 3 of Pub. L. 101-
    553, set out as a note under section 501 of this title.
-End-
-CITE-
    17 USC Sec. 912                                             01/03/2007
-EXPCITE-
    TITLE 17 - COPYRIGHTS
    CHAPTER 9 - PROTECTION OF SEMICONDUCTOR CHIP PRODUCTS
-HEAD-
    Sec. 912. Relation to other laws
-STATUTE-
      (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.
-SOURCE-
    (Added Pub. L. 98-620, title III, Sec. 302, Nov. 8, 1984, 98 Stat.
    3354; amended Pub. L. 100-702, title X, Sec. 1020(b), Nov. 19,
    1988, 102 Stat. 4672; Pub. L. 102-563, Sec. 3(c), Oct. 28, 1992,
    106 Stat. 4248.)
-MISC1-
                                AMENDMENTS
      1992 - Subsecs. (a), (b). Pub. L. 102-563 inserted "or 10" after
    "8".
      1988 - Subsecs. (d), (e). Pub. L. 100-702 redesignated subsec.
    (e) as (d) and struck out former subsec. (d) which read as follows:
    "The provisions of sections 1338, 1400(a), and 1498(b) and (c) of
    title 28 shall apply with respect to exclusive rights in mask works
    under this chapter."
-End-
-CITE-
    17 USC Sec. 913                                             01/03/2007
-EXPCITE-
    TITLE 17 - COPYRIGHTS
    CHAPTER 9 - PROTECTION OF SEMICONDUCTOR CHIP PRODUCTS
-HEAD-
    Sec. 913. Transitional provisions
-STATUTE-
      (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.
-SOURCE-
    (Added Pub. L. 98-620, title III, Sec. 302, Nov. 8, 1984, 98 Stat.
    3354.)
-REFTEXT-
                            REFERENCES IN TEXT
      The date of enactment of this chapter, referred to in text, is
    the date of enactment of Pub. L. 98-620, which was approved Nov. 8,
    1984.
-End-
-CITE-
    17 USC Sec. 914                                             01/03/2007
-EXPCITE-
    TITLE 17 - COPYRIGHTS
    CHAPTER 9 - PROTECTION OF SEMICONDUCTOR CHIP PRODUCTS
-HEAD-
    Sec. 914. International transitional provisions
-STATUTE-
      (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 period as the Secretary
    designates in the order, except that no such order may be effective
    after the 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
    recommendations 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.
-SOURCE-
    (Added Pub. L. 98-620, title III, Sec. 302, Nov. 8, 1984, 98 Stat.
    3355; amended Pub. L. 100-159, Secs. 2, 4, Nov. 9, 1987, 101 Stat.
    899, 900; Pub. L. 102-64, Secs. 3, 4, June 28, 1991, 105 Stat. 320,
    321.)
-REFTEXT-
                            REFERENCES IN TEXT
      The date of enactment of this chapter, referred to in subsecs.
    (e) and (f)(2), is the date of enactment of Pub. L. 98-620, which
    was approved Nov. 8, 1984.
-MISC1-
                                AMENDMENTS
      1991 - Subsec. (a)(1)(B). Pub. L. 102-64, Sec. 3(1), inserted "or
    implementing" after "enacting".
      Subsec. (e). Pub. L. 102-64, Sec. 3(2), substituted "July 1,
    1995" for "July 1, 1991".
      Subsec. (f)(2). Pub. L. 102-64, Sec. 4, substituted "July 1,
    1994" for "July 1, 1990".
      1987 - Subsec. (e). Pub. L. 100-159, Sec. 2, substituted "on July
    1, 1991" for "three years after such date of enactment".
      Subsec. (f)(2). Pub. L. 100-159, Sec. 4, which directed the
    amendment of subsec. (f) by inserting at end "Not later than July
    1, 1990, 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.", was executed by inserting new language at end
    of par. (2) of subsec. (f) as the probable intent of Congress.
                           FINDINGS AND PURPOSES
      Section 2 of Pub. L. 102-64 provided that:
      "(a) Findings. - The Congress finds that -
        "(1) section 914 of title 17, United States Code, which
      authorizes the Secretary of Commerce to issue orders extending
      interim protection under chapter 9 of title 17, United States
      Code, to mask works fixed in semiconductor chip products and
      originating in foreign countries that are making good faith
      efforts and reasonable progress toward providing protection, by
      treaty or legislation, to mask works of United States nationals,
      has resulted in substantial and positive legislative developments
      in foreign countries regarding protection of mask works;
        "(2) the Secretary of Commerce has determined that most of the
      industrialized countries of the world are eligible for orders
      affording interim protection under section 914 of title 17,
      United States Code;
        "(3) no multilateral treaty recognizing the protection of mask
      works has come into force, nor has the United States become bound
      by any multilateral agreement regarding such protection; and
        "(4) bilateral and multilateral relationships regarding the
      protection of mask works should be directed toward the
      international protection of mask works in an effective,
      consistent, and harmonious manner, and the existing bilateral
      authority of the Secretary of Commerce under chapter 9 of title
      17, United States Code, should be extended to facilitate the
      continued development of protection for mask works.
      "(b) Purposes. - The purposes of this Act [amending this section
    and enacting provisions set out as a note under section 901 of this
    title] are -
        "(1) to extend the period within which the Secretary of
      Commerce may grant interim protection orders under section 914 of
      title 17, United States Code, to continue the incentive for the
      bilateral and multilateral protection of mask works; and
        "(2) to clarify the Secretary's authority to issue such interim
      protection orders."
      Section 1 of Pub. L. 100-159, as amended by Pub. L. 105-80, Sec.
    12(b)(1), Nov. 13, 1997, 111 Stat. 1536, provided that:
      "(a) Findings. - The Congress finds that -
        "(1) section 914 of title 17, United States Code, which
      authorizes the Secretary of Commerce to issue orders extending
      interim protection under chapter 9 of title 17, United States
      Code, to mask works fixed in semiconductor chip products and
      originating in foreign countries that are making good faith
      efforts and reasonable progress toward providing protection, by
      treaty or legislation, to mask works of United States nationals,
      has resulted in substantial and positive legislative developments
      in foreign countries regarding protection of mask works;
        "(2) the Secretary of Commerce has determined that most of the
      industrialized countries of the world are eligible for orders
      affording interim protection under section 914 of title 17,
      United States Code;
        "(3) the World Intellectual Property Organization has commenced
      meetings to draft an international convention regarding the
      protection of integrated electronic circuits;
        "(4) these bilateral and multilateral developments are
      encouraging steps toward improving international protection of
      mask works in a consistent and harmonious manner; and
        "(5) it is inherent in section 902 of title 17, United States
      Code, that the President has the authority to revise, suspend, or
      revoke, as well as issue, proclamations extending mask work
      protection to nationals, domiciliaries, and sovereign authorities
      of other countries, if conditions warrant.
      "(b) Purposes. - The purposes of this Act [amending this section
    and section 902 of this title] are -
        "(1) to extend the period within which the Secretary of
      Commerce may grant interim protective orders under section 914 of
      title 17, United States Code, to continue this incentive for the
      bilateral and multilateral protection of mask works; and
        "(2) to codify the President's existing authority to revoke,
      suspend, or limit the protection extended to mask works of
      foreign entities in nations that extend mask work protection to
      United States nationals."
-End-