WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/USA/C/3 
IP/N/1/USA/I/1 9 February 2004 
 
(04-0495) 
Council for Trade-Related Aspects of Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
 
UNITED STATES 
 
 The present document reproduces the text
1 of the consolidated version of Title 17 of the 
United States Code, Copyright Law, as amended through 13 December 2003, notified by the United 
States under Article 63.2 of the Agreement in a communication dated 23 January 2004 . 
 
 
Conseil des aspects des droits de propriété intellectuelle qui touchent au commerce  
 
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
ÉTATS-UNIS 
  Le présent document contient le texte
1 de la version mise à jour du Titre 17 du Code des 
États-Unis, Loi sur le droit d'auteur, tel qu'il a été modifié au 13 décembre 2003, notifié par les 
États-Unis au titre de l'article 63:2 de l'Accord  dans une communication datée du 23 janvier 2004. 
 
 Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio  
 
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
 
ESTADOS UNIDOS 
  En el presente documento se reproduce el texto
1 de la versión consolidada del Título 17 del 
Código de los Estados Unidos, Le y de Derecho de Autor, modificado el 13 de diciembre de 2003, 
notificado por los Estados Unidos en virtud del párrafo 2 del artículo 63  del Acuerdo en una 
comunicación de fecha 23 de enero de 2004. 
                                                      
 1 In English only./En anglais seulement./En inglés solamente. IP/N/1/USA/C/3 
IP/N/1/USA/I/1 Page 2 
 
 
  
UNITED STATES CODE 
TITLE 17  
COPYRIGHTS  – AS AMENDED THROUGH DECEMBER 13, 2003 
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 ARBI TRATION 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 PROTECTI ON AND MANAGEMENT SYSTEMS 
CHAPTER 13 PROTECTION OF ORIGINAL DESIGNS  IP/N/1/USA/C/3 
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CHAPTER 1 - SUBJECT MATTER AND SCOPE OF COPYRIGHT  
Sec.  
101. Definitions  
102. Subject matter of copyright: In general  
103. Subject matter of copyright: Co mpilations and derivative works  
104. Subject matter of copyri ght: National origin  
104A. Copyright in restored works  
105. Subject matter of copyright: Un ited States Government works  
106. Exclusive rights in  copyrighted works  
106A. Rights of certain authors to attribution and integrity  
107. Limitations on exclus ive rights: Fair use  
108. Limitations on exclusiv e rights: Reproduction by libraries and archives  
109. Limitations on exclusiv e rights: Effect of transfer of particular copy or  
phonorecord  
110. Limitations on exclusive rights: Exemption of certain performances and displays  
111. Limitations on exclusive ri ghts: Secondary transmissions  
112. Limitations on exclusive ri ghts: Ephemeral recordings  
113. Scope of exclusive righ ts in pictorial, graphic,  and sculptural works  
114. Scope of exclusive rights in sound recordings  
115. Scope of exclusive rights in nondrama tic musical works: Co mpulsory license for  
making and distributing phonorecords  
116. Negotiated licenses for public perf ormances by means of coin-operated  
phonorecord players  
117. Limitations on exclusive rights: Computer programs  
118. Scope of exclusive rights: Use of cert ain works in connection with noncommercial  
broadcasting  
119. Limitations on exclusiv e rights: Secondary transmi ssions of superstations and  
network stations for private home viewing  
120. Scope of exclusive rights  in architectural works  
121. Limitations on exclusiv e rights: reproduction for blind or other people with  
disabilities  
122. Limitations on exclusive ri ghts; secondary transmissions by satellite carriers within  
local markets  
 
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 TITLE 17 - COPYRIGHTS  
CHAPTER 1 - SUBJECT MATTER AND SCOPE OF COPYRIGHT  
Sec. 101. - Definitions  
Except as otherwise provided in this titl e, as used in this title, the following 
terms and their variant form s 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 desi gn of a building as embodied in any 
tangible medium of expression, including a building, architectural plans, or 
drawings. The work includes the over all form as well as the arrangement 
and composition of spaces and elements  in the design, but does not include 
individual standa rd features.  
''Audiovisual works'' are works that co nsist 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 equipmen t, together with 
accompanying sounds, if any, regard less of the nature of the material 
objects, such as films or tapes, in which the works are embodied.  
The ''Berne Convention'' is the Conven tion for the Protec tion of Literary 
and Artistic Works, signed at Berne, Switzerland, on September 9, 1886, 
and all acts, protocols, and revisions thereto.  
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 pers on'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 cont ributions, constituting separate and 
independent works in themselves, are a ssembled 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 phon orecord, 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 pr epared in different versions, each 
version constitutes a separate work.   IP/N/1/USA/C/3 
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 A ''derivative work'' is a work base d upon one or more preexisting 
works, such as a translation, mu sical arrangement, dramatization, 
fictionalization, motion picture versio n, sound recording, art reproduction, 
abridgment, condensation, or  any other form in which a work may be recast, 
transformed, or adapted. A work co nsisting 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 transmissi on in whole or in part in a digital 
or other non-analog format.  
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 majo rity of the gross square feet of space that is 
nonresidential is used for that purpose, and in which nondramatic musical 
works are performed publicly.  
A ''food service or drinking establishment'' is a restaurant, inn, bar, 
tavern, or any other similar place of bu siness 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 sp ace that is nonresidential is used for 
that purpose, and in which nondra matic musical works are performed 
publicly.  
The term ''financial gain'' includes receipt, or expectation of receipt, of 
anything of value, including the receipt of other copyrighted works.  
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 stab le to permit it to be perceived, 
reproduced, or otherwise communicated fo r a period of more than transitory 
duration. A work consisting of soun ds, 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 Conventi on'' is the Convention for the 
Protection of Producers of Phonograms  Against Unauthorized Duplication of 
Their Phonograms, concluded at Geneva , Switzerland, on October 29, 1971.  
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.  
The terms ''including'' and ''such as'' are illustrative and not limitative.  
An ''international agreement'' is -  
(1)  
the Universal Copyri ght Convention;  
(2)  
the Geneva Phonograms Convention;  IP/N/1/USA/C/3 
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        (3)  
the Berne Convention;  
(4)  
the WTO Agreement;  
(5)  
the WIPO Copyright Treaty;  
(6)  
the WIPO Performances and Phonograms Treaty; and  
(7)  
any other copyright treaty to which the United States is a party.  
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 num erical symbols or indicia, regardless 
of the nature of the material objec ts, 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 accompanyi ng sounds, if any.  
To ''perform'' a work means to recite , render, play, dance, or act it, 
either directly or by means of any de vice 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 sound s accompanying it audible.  
A ''performing rights society'' is an association, corporation, or other 
entity that licenses the public perfor mance of nondramatic musical works on 
behalf of copyright owners of such wo rks, such as the American Society of 
Composers, Authors and Publishers (ASC AP), Broadcast Music, Inc. (BMI), 
and SESAC, Inc.  
''Phonorecords'' are material objects in which sounds, other than those 
accompanying a motion picture or othe r audiovisual work, are fixed by any 
method now known or later developed,  and from which the sounds can be 
perceived, reproduced, or otherwise co mmunicated, 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, grap hic, 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 ca n be identified separately from, and 
are capable of existing independently of, the utilitarian aspects of the article.   IP/N/1/USA/C/3 
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 For purposes of section 513, a ''proprie tor'' is an individual, corporation, 
partnership, or other entity, as the case may be, that owns an establishment 
or a food service or drinking estab lishment, 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 su bscription music 
service, or owner or operator of any other transmission service, shall under 
any circumstances be deemed  to be a proprietor.  
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 co pies 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 co pies or phonorecords to a group of 
persons for purposes of fu rther distribution , public performance, or public 
display, constitutes publication. A public performance or display of a work 
does not of itself constitute publication.  
''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 te rm of copyright.  
To perform or display a work ''publicly'' means -  
(1)  
to perform or display it at a plac e open to the public or at any 
place where a substantial number of pe rsons outside of a normal circle 
of a family and its social acquaintances is gathered; or  
(2)  
to transmit or otherwise communica te 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 th e 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.  
''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 othe r 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 copyrigh t ownership'' is an assignment, mortgage, 
exclusive license, or any other conveyan ce, alienation, or hypothecation of a 
copyright or of any of the exclusive ri ghts 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 purpos e of transmission to the public in 
sequence and as a unit.  IP/N/1/USA/C/3 
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 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 in tergovernmental organization other 
than the United States that is a pa rty to an international agreement.  
The ''United States'', when used in a geographical sense, comprises the 
several States, the District of Colu mbia and the Commonwealth of Puerto 
Rico, and the organized terri tories under the jurisdicti on 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 Stat es and another treaty party or 
parties, whose law grants a term of copyright protection that is 
the same as or longer than th e term provided in the United 
States;  
(C)  
simultaneously in the United Stat es 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 national s, 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, domiciliarie s, or habitual resident s 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, graphi c, or sculptural work incorporated 
in a building or structure, the building or structure is located in the 
United States.  
A ''useful article'' is an article having an intrinsic utilitarian function that 
is not merely to portray the appearan ce 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.  
A ''work of visual art'' is -  
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 (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 fabric ated sculptures of 200 or fewer that 
are consecutively numbered by the au thor 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 th at 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 pict ure or other audiovisual work, 
book, magazine, newspaper, peri odical, data base, electronic 
information service, electronic publication, or similar publication;  
(ii)  
any merchandising item or advertising, promotional, descriptive, 
covering, or packaging ma terial 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.  
A ''work of the United St ates 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 pa rties expressly agree in a written 
instrument signed by th em 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 IP/N/1/USA/C/3 
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 introducing, concluding, illustrating, explaining, revising, commenting 
upon, or assisting in the use of th e other work, such  as forewords, 
afterwords, pictorial illustrations, maps, charts, tables, editorial notes, 
musical arrangements, answer mate rial for tests, bibliographies, 
appendixes, and indexes, and an ''ins tructional text'' is a literary, 
pictorial, or graphic work prepar ed 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 Pr operty and Communi cations Omnibus 
Reform Act of 1999, as enacted by section 1000(a)(9) of Public Law 106-
113, nor the deletion of the word s added by that amendment -  
(A)  
shall be considered or otherwise given any legal significance, or  
(B)  
shall be interpreted to indica te congressional approval or 
disapproval of, or acquiescence in , any judicial de termination,  
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.  
The terms ''WTO Agreement'' and '' WTO member country'' have the 
meanings given those terms in paragr aphs (9) and (10), respectively, of 
section 2 of the Uruguay Round Agreements Act.  
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 
Sec. 102. - Subject matter of  copyright: In general  
(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 an y accompanying words;  
(3)  
dramatic works, including any accompanying music;  
(4)  
pantomimes and choreographic works;  
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 (5)  
pictorial, graphic, an d sculptural works;  
(6)  
motion pictures and othe r 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, me thod of operation, concept, principle, 
or discovery, regardless of the form in which it is described, explained, illustrated, 
or embodied in such work  
Sec. 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 prot ection 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 derivati ve 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 copy right in such work is in dependent of, and does not 
affect or enlarge the scope, duration, ow nership, or subsistence of, any copyright 
protection in the preexisting material 
Sec. 104. - Subject matter of co pyright: National origin  
(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 an d 103, when published, are subject to 
protection under this title if -  
(1)  
on the date of first publ ication, 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  
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 (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 Organizati on of American States; or  
(6)  
the work comes within the scope of a Presidential proclamation. 
Whenever the President find s that a particular foreign nation extends, to 
works by authors who are nationals or do miciliaries 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 nation als 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 nati onal, domiciliary, or sovereign authority 
of that nation, or which was first published in that nation. The President may 
revise, suspend, or revoke any such pr oclamation or impose any conditions 
or limitations on protection under a proclamation.  
For purposes of paragraph (2), a work th at 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 ther eto. 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 ex panded or reduced by  virtue of, or in 
reliance upon, the provisions of the Ber ne 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 th e Geneva Phonograms Convention or the 
WIPO Performances and Phonograms Treaty. 
 
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 Sec. 104A. - Copyright in restored works  
(a) Automatic Protection and Term. -  
(1) Term. -  
(A)  
Copyright subsists, in accordance with this section, in restored 
works, and vests auto matically 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 instrumentalit y thereof, is not a restored work.  
(b) Ownership of Restor ed 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 ther ein 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 th erein. Service on a reliance party is 
effective as to that reliance party and any other reliance pa rties with actual 
knowledge of such ser vice and of the contents of that notice.  
(d) Remedies for Infringement of  Restored Copyrights. -  
(1) Enforcement of copyright in restored wo rks in the absence of a reliance party. 
-  
As against any party who is not a reli ance 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 wo rks as against reliance parties. -  
As against a reliance part y, 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 copyri ght (or such owner's agent) or 
the owner of an exclusive right therein (or such owner's agent) IP/N/1/USA/C/3 
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 files with the Copyright Office , during the 24-month period 
beginning on the date of restor ation, a notice of intent to 
enforce the restored copyright; and  
(ii)  
(I)  
the act of infringement comme nced 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 comme nced 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 copyri ght (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 comme nced after the end of the 
12-month period beginning on the date the notice of intent 
is received;  
(II)  
the act of infringement comme nced 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 sect ion are made after receipt of 
the notice of intent.  
In the event that notice is provid ed 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.  
 
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 (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 coun try of the restored work is an 
eligible country on such date, or  
(ii)  
before the date on which the so urce 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 ex ploit that derivative work for the 
duration of the restored copyright if the reliance party pays to the owner of 
the restored copyright reasonable comp ensation 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 re flect any harm to the actual or 
potential market for or value of th e restored work from the reliance 
party's continued exploita tion of the work, as well as compensation for 
the relative contributions of expressi on 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 infr ingement 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 re stored 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 noti ce is signed by an agent, the 
agency relationship must have been constituted in a writing 
signed by the owner before th e filing of the notice. The IP/N/1/USA/C/3 
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 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 omissi ons 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 ava ilable 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, proce ssing, recording, and publication of 
notices of intent to enforce a re stored 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 owne rs of restored copyrights to 
file simultaneously for registrati on of the restored copyright.  
(2) Notices of intent served on a reliance party. -   IP/N/1/USA/C/3 
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 (A)  
Notices of intent to enforce a re stored 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 th e owner or the owner's agent, shall 
identify the restored work and the wo rk 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 iden tified, the use or uses to which 
the owner objects, and an address an d 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 befo re 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 th e 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 perf orm any act if such performance is 
made infringing by virtue of the restor ation 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 find s that a particular foreign nation extends, to 
works by authors who are nationals or domi ciliaries of the Unit ed States, restored 
copyright protection on substantially th e 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 sovereig n 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.  
 IP/N/1/USA/C/3 
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 (h) Definitions. -  
For purposes of this se ction and section 109(a):  
(1)  
The term ''date of adherence or proc lamation'' 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;  
(D)  
a nation adhering to the WIPO Performances and Phonograms 
Treaty; or  
(E)  
subject to a Presidential procla mation 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 proclama tion, 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;  
(D)  
adheres to the WIPO Performances and Phonograms Treaty; or  
  IP/N/1/USA/C/3 
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 (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 wo rk, engages in acts, before the 
source country of that work become s an eligible country, which would 
have violated section 106 if the re stored work had been subject to 
copyright protection, and who, afte r the source country becomes an 
eligible country, continues to engage in such acts;  
(B)  
before the source country of a part icular 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 othe r 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'' mean s copyright in a restored work 
under this section.  
(6)  
The term ''restored work'' means an orig inal 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; and  
 IP/N/1/USA/C/3 
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 (D)  
has at least one author or righth older who was, at the time the 
work was created, a national or domi ciliary 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.  
(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 domiciliar y, or, if a restored work has more than 1 
author or rightholder, of which th e 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 
Sec. 105. - Subject matter of copyright: United States Government 
works  
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 transfe rred to it by assignment, bequest, or 
otherwise   IP/N/1/USA/C/3 
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 Sec. 106. - Exclusive rights in copyrighted works  
Subject to sections 107 through 121, th e 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 base d upon the copyrighted work;  
(3)  
to distribute copies or phonorecor ds 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 mo tion 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 di gital audio transmission 
Sec. 106A. - Rights of certain auth ors to attribution and integrity  
(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 us e of his or her name as the author 
of the work of visual art in the even t of a distortion, mutilation, or other 
modification of the work which would be prejudicial to his or her honor or 
reputation; and  
 
 IP/N/1/USA/C/3 
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 (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 wo uld be prejudicial  to his or her 
honor or reputation, and any intent ional distortion, mutilation, or 
modification of that work is a violation of that right, and  
(B)  
to prevent any destruction of a wo rk 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 a 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 presenta tion, including lighting and placement, 
of the work is not a destruction, distor tion, mutilation, or other modification 
described in subsection (a)(3) unless th e modification is caused by gross 
negligence.  
(3)  
The rights described in paragraphs (1) and (2) of subsection (a) shall 
not apply to any reproducti on, 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 modi fication described in 
paragraph (3) of subsection (a).  
(d) Duration of Rights. -  
(1)  
With respect to works of visual art cr eated 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.  
   IP/N/1/USA/C/3 
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 (2)  
With respect to works of visual art created before the effective date set 
forth in section 610(a) of the Visual Ar tists 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 wo rk, 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 au thors, 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 vi sual 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 respec t 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 ri ght under a copyright in that work 
Sec. 107. - Limitations on ex clusive rights: Fair use  
Notwithstanding the provis ions of sections 106 and 106A, the fair use of a 
copyrighted work, including su ch use by reproduction in copies or phonorecords or 
by any other means specified by that sect ion, for purposes such as criticism, 
comment, news reporting, teaching (including multiple copies for classroom use), 
scholarship, or research, is not an infr ingement of copyrigh t. In determining 
whether the use made of a work in any part icular case is a fair use the factors to 
be considered shall include -  
(1)  
the purpose and character of the use, including wh ether such use is of a 
commercial nature or is for nonprofit educational purposes;  
(2)  
the nature of the copyrighted work;  IP/N/1/USA/C/3 
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 (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 pote ntial 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 
Sec. 108. - Limitations on excl usive rights: Reproduction by 
libraries and archives  
(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 sc ope of their employment, to reproduce no 
more than one copy or phonorecord of a work, except as prov ided in subsections 
(b) and (c), or to distribu te such copy or phonorecord, under the conditions 
specified by this section, if -  
(1)  
the reproduction or distri bution is made without an y 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 dist ribution 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 copyright 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   IP/N/1/USA/C/3 
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 (2)  
any such copy or phonorecord that is reproduced in digital format is not 
otherwise distributed in th at 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 duplicat ed 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 re asonable 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 perc eptible 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 distributi on 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 copyri ghted collection or periodical  issue, or to a copy or 
phonorecord of a small part of an y other copyrighted work, if -  
(1)  
the copy or phonorecord becomes th e 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 prom inently, at the place where orders 
are accepted, and includes on its or der 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 re quest 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 th e 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  IP/N/1/USA/C/3 
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 (2)  
the library or archives displays prom inently, at the place where orders 
are accepted, and includes on its or der 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: Prov ided, 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 reprod uction and distribu tion 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 phonorec ord of a work in its collections.  
(g)  
The rights of reproduction and distribution under this section extend to the 
isolated and unrelated reproduc tion or distribution of a single copy or phonorecord 
of the same material on se parate occasions, but do no t 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, whet her 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 reproducti on 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 aggreg ate quantities as to substitute for a 
subscription to or purchase of such work.  
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 (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 digi tal form a copy or phonorecord of such 
work, or portions thereof, for purpos es 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, distribu tion, 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 Regist er of Copyrights that either of 
the conditions set forth in subparagraphs (A) and (B) applies.  
(3)  
The exemption provided in this su bsection does not apply to any 
subsequent uses by users other th an such library or archives.  
(i)  
The rights of reproduction and distributi on under this section do not apply to a 
musical work, a pictorial, graphic or sculp tural 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 gr aphic works published as illustrations, 
diagrams, or similar adjuncts to work s of which copies are reproduced or 
distributed in accordance wi th subsections (d) and (e) 
Sec. 109. - Limitations on exclusiv e rights: Effect of transfer of 
particular copy or phonorecord  
(a)  
Notwithstanding the provisions of sect ion 106(3), the owner of a particular 
copy or phonorecord lawfully made under th is title, or any person authorized by 
such owner, is entitled, without the authority of the copyright owner, to sell or 
otherwise dispose of the posse ssion of that copy or ph onorecord. Notwithstanding 
the preceding sentence, copies or phonor ecords of works subject to restored 
copyright under section 104A that are manufac tured before the date of restoration 
of copyright or, with respect to reliance pa rties, 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 fo r purposes of direct or 
indirect commercial advantage only during the 12-month period beginning on -  IP/N/1/USA/C/3 
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 (1)  
the date of the publication in the Federal Register of the notice of intent 
filed with the Copyrigh t 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 copyri ght in the sound recording or the 
owner of copyright in a computer pr ogram (including any tape, disk, or 
other medium embodying such progra m), and in the case of a sound 
recording in the musical works embodi ed therein, neither the owner of 
a particular phonorecord nor any pers on in possession of a particular 
copy of a computer program (inc luding any tape, disk, or other 
medium embodying such program), may,  for the purposes of direct or 
indirect commercial advantage, disp ose of, or authorize the disposal 
of, the possession of that phonorec ord or computer program (including 
any tape, disk, or other medium em bodying 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 indi rect 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.  
 
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 (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 progra m 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 Amendm ents 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, sha ll 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 an y 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 Commissi on Act to the extent that section 
relates to unfair methods of competition.  
(4)  
Any person who distributes a phonor ecord 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 violat ion shall not be a criminal offense 
under section 506 or cause such person  to be subject to the criminal 
penalties set forth in se ction 2319 of title 18.  
(c)  
Notwithstanding the provisions of sect ion 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 projecti on 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 pe rson who has acquired possession of the 
copy or phonorecord from the copyrigh t owner, by rental, lease, loan, or 
otherwise, without acquir ing ownership of it.  
(e)  
Notwithstanding the provisio ns of sections 106(4) and 106(5), in the case of 
an electronic audiovisual game intended for use in coin-operated equipment, the IP/N/1/USA/C/3 
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 owner of a particular copy of such a game lawfully made under this title, is 
entitled, without the authority of the co pyright owner of the game, to publicly 
perform or display that game in coin-o perated 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 
Sec. 110. - Limitations on exclus ive rights: Exemption of certain 
performances and displays  
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 in struction, unless, in the case of a 
motion picture or other audiovisual work , the performance, or the display of 
individual images, is give n 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 go vernmental body or a nonprofit 
educational institution; and  
(B)  
the performance or display is di rectly related and of material 
assistance to the teaching cont ent of the transmission; and  
(C)  
the transmission is made primarily for -  
(i)  
reception in classrooms or simila r places normally devoted to 
instruction, or  
(ii)  
reception by persons to whom the transmission is directed 
because their disabilities or ot her 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 lite rary 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 wo rship or other reli gious assembly;   IP/N/1/USA/C/3 
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 (4)  
performance of a nondramatic literary  or musical work otherwise than 
in a transmission to the public, withou t any purpose of direct or indirect 
commercial advantage and without payment of any fee or other 
compensation for the performance to an y of its performers, promoters, or 
organizers, if -  
(A)  
there is no direct or indi rect admission charge; or  
(B)  
the proceeds, after deducting the reasonable costs of producing 
the performance, are used exclusiv ely 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 an d 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 Regist er of Copyrights shall prescribe 
by regulation;  
(5)  
(A)  
except as provided in subparagraph (B), communication of a 
transmission embodying a performanc e 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 performa nce or display of a nondramatic 
musical work intended to be received by the general public, originated 
by a radio or television broadcas t station licensed as such by the 
Federal Communications Commissi on, or, if an audiovisual 
transmission, by a cable system  or satellite carrier, if -  
 
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 (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 th an 2,000 gross square feet of 
space (excluding space used for customer parking and for no 
other purpose), or the es tablishment 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 one 
audiovisual device is located in any 1 room, and no such 
audiovisual device has a diagon al 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  IP/N/1/USA/C/3 
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 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 s ee 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 re transmission 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 horticultura l 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 doctrine s of vicarious liability or related 
infringement, for a performance by a concessionnaire, business 
establishment, or other person at su ch 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 an y 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 de signed for and primarily di rected 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 acco mpanying a transmission of visual 
signals, if the performance is made with out 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 authorizatio n (as defined in 47 CFR 73.293-
73.295 and 73.593-73.595); or IP/N/1/USA/C/3 
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 (iv)  
a cable system (as define d in section 111(f));  
(9)  
performance on a single occasion of  a dramatic literary work published 
at least ten years before the date of th e performance, by or in the course of 
a transmission specifically designed for and primarily directed to blind or 
other handicapped persons who are unabl e to read normal printed material 
as a result of their handicap, if the performance is made without any 
purpose of direct or indirect commerci al 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 performa nce 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 nondrama tic 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 pe rformance, are used exclusively for 
charitable purposes and not for financial gain. For purposes of this section 
the social functions of any college or university frat ernity 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 paragrap h (5) shall not be taken into account 
in any administrative, judici al, or other governmental pr oceeding to set or adjust 
the royalties payable to copyright owners for the public performance or display of 
their works. Royalties payabl e to copyright owners for any public performance or 
display of their works other than such pe rformances or displays as are exempted 
under paragraph (5) shall not be diminished  in any respect as a result of such 
exemption 
Sec. 111. - Limitations on exclusive rights: Secondary 
transmissions  
(a) Certain Secondary Transm issions Exempted. -  
The secondary transmission of a perfor mance or display of a work embodied 
in a primary transmission is not an infringement of copyright if -  
(1)  
the secondary transmission is not ma de by a cable system, and consists 
entirely of the relaying, by the manage ment of a hotel, apartment house, or 
similar establishment, of signals transmitted by a broadcast station licensed 
by the Federal Communicati ons Commission, within the local service area of 
such station, to the private lodging s of guests or residents of such 
establishment, and no direct charge is  made to see or hear the secondary 
transmission; or  
 
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 (2)  
the secondary transmission is made  solely for the purpose and under 
the conditions specified by cl ause (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 se lection of the primary transmission or 
over the particular recipients of the secondary transmission, and whose 
activities with respect to the second ary transmission consist solely of 
providing wires, cables, or other co mmunications channels for the use of 
others: Provided, That the provisions of this clause extend only to the 
activities of said carrier with respec t to secondary transm issions 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 statut ory license under section 119; or  
(5)  
the secondary transmission is not ma de by a cable system but is made 
by a governmental body , or other nonprofit or ganization, without any 
purpose of direct or indirect commerci al advantage, and without charge to 
the recipients of the secondary tr ansmission other than assessments 
necessary to defray the actual and reasonable costs of maintaining and 
operating the secondary tr ansmission 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 performa nce 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 ma de for reception by the public at large 
but is controlled and limited to receptio n by particular members of the public: 
Provided, however, That such secondary tran smission is not action able as an act of 
infringement if -  
(1)  
the primary transmission is made by  a broadcast station licensed by the 
Federal Communication s Commission; and  
(2)  
the carriage of the signals comprisi ng the secondary transmission is 
required under the rules, regulations, or authorizations of the Federal Communications Co mmission; and  
(3)  
the signal of the primary transmitte r 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 transmission s to the public by a cable system IP/N/1/USA/C/3 
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 of a performance or display of a work  embodied in a primary transmission 
made by a broadcast station licen sed by the Federal Communications 
Commission or by an appropriate gove rnmental authority of Canada or 
Mexico shall be subject to statutor y licensing upon compliance with the 
requirements of subsection (d) where the carriage of the signals comprising 
the secondary transmission is permissi ble under the rules, regulations, or 
authorizations of the Federa l 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 broa dcast station licensed by the Federal 
Communications Commi ssion or by an appropriate governmental authority of 
Canada or Mexico and embodying a pe rformance or display of a work is 
actionable as an act of infringement under section 501, and is fully subject 
to the remedies provided by sect ions 502 through 506 and 509, in the 
following cases:  
(A)  
where the carriage of the sign als comprising the secondary 
transmission is not pe rmissible 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 requir ed 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 sy stem of a performance or display of a 
work embodied in a primary transmi ssion 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 adve rtising or station announcements 
transmitted by the primary transmitte r during, or immedi ately before or 
after, the transmission of such program, is in any way willfully altered by the 
cable system through changes, deleti ons, or additions, except for the 
alteration, deletion, or substitution of commercial advertisements performed 
by those engaged in television comm ercial advertising market research: 
Provided, That the research company ha s 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 transm ission: And provided  further, That 
such commercial alteration, deletion, or substitution is not performed for the 
purpose of deriving income from th e 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 prim ary transmission made by a broadcast 
station licensed by an appropriate go vernmental authority of Canada or  IP/N/1/USA/C/3 
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 Mexico is actionable as an act of infr ingement 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 signal s, 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 Mexica n signals, the second ary transmission is 
made by a cable system which rece ived the primary transmission by 
means other than direct intercep tion 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 Tran smissions by Cable Systems. -  
(1)  
A cable system whose secondary tran smissions have been subject to 
statutory licensing under subsection (c) shall, on a semiannual basis, deposit 
with the Register of Copyrights, in a ccordance 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 subscr ibers, the names and locations of 
all primary transmitters whose tran smissions were fu rther transmitted 
by the cable system, the total num ber 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 Co pyrights may from time to time 
prescribe by regulation. In determin ing the total number of subscribers 
and the gross amounts paid to the cable system for the basic service 
of providing secondary transm issions of primary broadcast 
transmitters, the system shall no t include subscribers and amounts 
collected from subscribers receiv ing 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 carri ed 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 syst em whose royalty is specified in 
subclause (C) or (D), a total royalty fee for the period covered by the IP/N/1/USA/C/3 
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 statement, computed on the basis of specified percentages of the 
gross receipts from subscribers to th e 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 gro ss 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 am ount to be applied against the 
fee, if any, payable pursuant to paragraphs (ii) through (iv);  
(ii)  
0.675 of 1 per centum of such gro ss receipts for the first distant 
signal equivalent;  
(iii)  
0.425 of 1 per centum of such gr oss receipts for each of the 
second, third, and fourth di stant signal eq uivalents;  
(iv)  
0.2 of 1 per centum of such gro ss receipts for the fifth distant 
signal equivalent and each additional distan t signal equivalent 
thereafter; and in computin g the amounts payable under 
paragraphs (ii) through (iv), ab ove, any fraction of a distant 
signal equivalent shall be computed  at its fractional value and, in 
the case of any cable system lo cated partly within and partly 
without the local service area of a primary transmitter, gross 
receipts shall be limited to th ose 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 st atement 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 th an $3,000. The royalty fee payable 
under this subclause shall be 0.5 of 1 per centum, regardless of the 
number of distant signal eq uivalents, if any; and  
(D)  
if the actual gross receipts paid by subscribers to a cable system 
for the period covered by the stat ement, 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 
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 (ii)  
1 per centum of any gross receipts in excess of $80,000 but less 
than $160,000, regardless of th e number of distant signal 
equivalents, if any.  
(2)  
The Register of Copyrights shall re ceive all fees deposited under this 
section and, after deducting the reason able 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 Se cretary 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 co ntroversy over distri bution 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 distri buted to those among the following 
copyright owners who claim that their works were the subject of secondary 
transmissions by cable sy stems during the relevant  semiannual period:  
(A)  
any such owner whose work was included in a secondary 
transmission made by a cable system of a no nnetwork 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 spec ial statement of account deposited 
under clause (1)(A);  
(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 f ees 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 claima nts may agree among themselves as 
to the proportionate division of st atutory licensing fees among them, 
may lump their claims together and file them jointly or as a single 
claim, or may designate a common ag ent to receive payment on their 
behalf.  IP/N/1/USA/C/3 
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 (B)  
After the first day of August of each year, the Librarian of 
Congress shall, upon the recomme ndation 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 Libraria n shall, after deducting reasonable 
administrative costs unde r this section, distribute such fees to the 
copyright owners entitled to such f ees, or to their designated agents. 
If the Librarian finds the existenc e 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 proceed ing under this subsection, the 
Librarian of Congress shall withhold  from distribution an amount 
sufficient to satisfy all claims wi th respect to which a controversy 
exists, but shall have discretion to proceed to distribute any amounts 
that are not in controversy.  
(e) Nonsimultaneous Secondary Transm issions by Cable Systems. -  
(1)  
Notwithstanding those provisions of the second paragraph of subsection 
(f) relating to nonsimultaneous second ary transmissions by  a cable system, 
any such transmissions are actionable  as an act of infringement under 
section 501, and are fully subject to th e 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 vi deotape 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 
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 (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 a ffidavit 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 du ring such quarter; and  
(E)  
such owner or officer places or causes each such affidavit, and 
affidavits received pursuant to clau se (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 Comm unications 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 accide ntal transmissions.  
(2)  
If a cable system transfers to an y 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 fo r the equitable sharin g of the costs of 
such videotape and its transfer, a vi deotape nonsimultaneously transmitted 
by it, in accordance with clause (1), may be transferred by one cable system 
in Alaska to another system in Alas ka, by one cable system in Hawaii 
permitted to make such nonsimultane ous transmissions to another such 
cable system in Hawaii, or by one cable system in Guam, the Northern 
Mariana Islands, or the Trus t 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 vi deotape is transferred complies 
with clause (1)(A), (B), (C)(i), (iii), and (iv), and (D) through (F); and  IP/N/1/USA/C/3 
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 (C)  
such system provides a copy of th e affidavit required to be made 
in accordance with cl ause (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 cabl e 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 br oadcast 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 servic e, regardless of where or when the 
performance or display was first transmitted.  
A ''secondary transmission'' is the further transmitting of a primary 
transmission simultan eously with the prim ary 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 comp rising such furthe r transmission is 
permissible under the rules, regulations, or authorizations of the Federal 
Communications Commission.  
A ''cable system'' is a facility, loca ted 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 sign als or programs by wires,  cables, microwave, or 
other communications channels to sub scribing members of the public who 
pay for such service. For purposes of determining the royalty fee under 
subsection (d)(1), two or more cabl e 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 primar y transmitter'', in the case of a 
television broadcast station, comprise s the area in which such station is 
entitled to insist upon its signal being retransm itted by a cable system 
pursuant to the rules, regulations, and authorizations of the Federal 
Communications Commi ssion in effect on April 15, 1976, or such station's 
television market as defined in sectio n 76.55(e) of title 47, Code of Federal  IP/N/1/USA/C/3 
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 Regulations (as in effect on Septembe r 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 th e 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 it s 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 st ation, as defined by the rules and 
regulations of the Federal Communica tions Commission, th e ''local service 
area of a primary transmitter'' compri ses 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 metropolit an 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 Communicati ons Commission.  
A ''distant signal equivalent'' is th e value assigned to the secondary 
transmission of any nonnetwork televi sion 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 va lue 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 Comm unications 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 tran smission 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 re gulations in effect on the date of 
enactment of this Act permit a cable sy stem, 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 ru les, regulations, or 
authorizations of the Federal Communi cations 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 subs titution of another program embodying 
a performance or display of a work in place of the omitted transmission, the 
value assigned for the substituted or a dditional 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 Comm unications Commissi on, or a station 
carried on a part-time basis where full- time carriage is not possible because 
the cable system lacks the activated cha nnel 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 IP/N/1/USA/C/3 
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 above, as the case may be, shall be mult iplied 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 stat ion's typical broadcast day.  
An ''independent station'' is a comm ercial television broadcast station 
other than a network station.  
A ''noncommercial educational station'' is a television station that is a 
noncommercial educational broadcast st ation as defined in section 397 of 
title 47  
Sec. 112. - Limitations on exclusiv e rights: Ephemeral recordings  
(a)  
(1)  
Notwithstanding the provisions of sect ion 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 transf er of the copyright or under the 
limitations on exclusive rights in sound recordings specified by section 
114(a), or for a transmitting organiza tion that is a broadcast radio or 
television station licensed as su ch 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 reta ined 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 transm issions within its local service area, or for 
purposes of archival preser vation or security; and  
(C)  
unless preserved exclus ively 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 or ganization 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 prev ent the reproduction of the work, the 
copyright owner shall make available to the transmitting organization the  IP/N/1/USA/C/3 
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 necessary means for permitti ng 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 busine ss requirements, the transmitting 
organization shall not be liable for a vi olation 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 pa ragraph (1) of this subsection.  
(b)  
Notwithstanding the provisio ns 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 righ ts in sound recordings specified by section 114(a), to 
make no more than thirty copies or ph onorecords 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 ph onorecords are destroyed within seven 
years from the date the transmission program was first transmitted to the 
public.  
(c)  
Notwithstanding the provisio ns 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 part icular transmission 
program embodying a performance of a no ndramatic 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 provisio ns 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 se ction 110(8) to make no more than ten IP/N/1/USA/C/3 
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 copies or phonorecords embodying the perf ormance, or to permit the use of any 
such copy or phonorecord by any govern mental 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 phonor ecords are reproduced from it; and  
(2)  
any such copy or phonorecord is  used solely for transmissions 
authorized under section 110(8), or for pu rposes of archival preservation or 
security; and  
(3)  
the governmental body or  nonprofit organization permitting any use of 
any such copy or phonorecord by an y 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 enti tled to a statutory license, under the 
conditions specified by this subsection, to make no more than 1 phonorecord 
of the sound recording (unless the te rms and conditions of the statutory 
license allow for more), if the following conditions are satisfied:  
(A)  
The phonorecord is retained and us ed solely by the transmitting 
organization that made it, and no further phonorecords are reproduced 
from it.  
(B)  
The phonorecord is used solely fo r the transmitting organization's 
own transmissions originating in th e United States under a statutory 
license in accordance with section 114(f) or the limitat ion on exclusive 
rights specified by se ction 114(d)(1)(C)(iv).  
(C)  
Unless preserved exclusively for purposes of archival 
preservation, the phonorecord is de stroyed within 6 months from the 
date the sound recording was first transmitted to the public using the 
phonorecord.  
(D)  
Phonorecords of the sound recordin g 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 en tity makes the phonorecord under  IP/N/1/USA/C/3 
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 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 subsec tion may negotiate and agree upon 
royalty rates and license terms and conditions for making phonorecords of 
such sound recordings under this sect ion and the proportionate division of 
fees paid among copyright owners, and may designate common agents to 
negotiate, agree to, pay, or re ceive 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 determ ining reasonable terms and rates of 
royalty payments for the activities specified by paragraph (1) of this 
subsection during the peri od 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 copy right 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 sh all 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 arbi tration 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 th e 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 th at would have been negotiated in the 
marketplace between a will ing buyer and a willing seller. In determining 
such rates and terms, the copyright ar bitration royalty panel shall base its 
decision on economic, co mpetitive, and programming information presented 
by the parties, including -  
(A)  
whether use of the service may su bstitute 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 IP/N/1/USA/C/3 
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 the public with respect to relative creative contribution, technological 
contribution, capital inve stment, cost, and risk.  
In establishing such rates and terms, the copyright arbitration royalty panel 
may consider the rates and terms under vo luntary 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 nego tiated at any time between 1 or 
more copyright owners of sound reco rdings 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 re peating of such proceedings may be 
determined in accordance with paragraph (3). The procedures specified in 
paragraph (4) shall be repeated, in a ccordance 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, exce pt to the extent that different years 
for the repeating of such proceedings ma y 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 ma ke a phonorecord of a sound 
recording under a statutory license in  accordance with this subsection 
may do so without infringing the ex clusive right of the copyright owner 
of the sound recording under section 106(1) -  
(i)  
by complying with such notice re quirements 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 sh all be made on or before the 
20th day of the month next succeeding the month in which the royalty 
fees are set.   IP/N/1/USA/C/3 
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 (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 recordin g, 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 copy right owner fails to do so in a timely 
manner in light of the transmitting organization's reasonable business 
requirements, the transmitting organizati on shall not be liable for a violation 
of section 1201(a)(1) of this title fo r 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, includ ing the exclusive rights to reproduce 
and distribute a sound recording or mu sical work, including by means of a 
digital phonorecord delivery, under se ctions 106(1), 106(3), and 115, and 
the right to perform publicly a sound re cording 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 un der this title except 
with the express consent of the owners of copyright in the preexisting works 
employed in the program 
Sec. 113. - Scope of exclusive righ ts in pictorial, graphic, and 
sculptural works  
(a)  
Subject to the provisions of subsections (b) and (c) of this section, the 
exclusive right to reproduce a copyrighted pi ctorial, graphic, or sculptural work in 
copies under section 106 includes the righ t 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 portra yed 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 reproduc ed in useful articl es that have been 
offered for sale or other di stribution 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 connect ion with news reports.  IP/N/1/USA/C/3 
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 (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, mu tilation, 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 th at 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 paragrap hs (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 au thor'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 afte r receiving such no tice, either to 
remove the work or to pay for its removal.  
For purposes of subparagraph (A), an ow ner shall be presumed to have made 
a diligent, good faith attempt to send no tice if the owner se nt 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 es tablish 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 Regi ster shall also establis h procedures under which 
any such author may update the info rmation so recorded, and procedures 
under which owners of buildings may record with the Copyright Office 
evidence of their efforts to comply with this subsection  IP/N/1/USA/C/3 
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 Sec. 114. - Scope of exclusive rights in sound recordings  
(a)  
The exclusive rights of the owner of co pyright 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 perfor mance 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 di rectly or indirectly recapture the actual 
sounds fixed in the recording.  The exclusive right of th e 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 so und 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 co pyrighted sound record ing. The exclusive 
rights of the owner of copyright in a so und 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 broadc asting 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 provisio ns of section 106(6) -  
(1) Exempt transmissions an d retransmissions. -  
The performance of a sound recordin g 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 broa dcast transmission;  
(B)  
a retransmission of a nonsubsc ription broadcast transmission: 
Provided, That, in the case of a re transmission of a radio station's 
broadcast transmission -  
(i)  
the radio station's broadcast transmission is not willfully or 
repeatedly retransmitted more th an a radius of 150 miles from 
the site of the radio broadcast transmitter, however -  
(I)  
the 150 mile limitation under th is clause shall not apply 
when a nonsubscription broadc ast transmission by a radio IP/N/1/USA/C/3 
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 station licensed by the Federal Communications 
Commission is retransmitted on  a nonsubscription basis by 
a terrestrial broadcast station, terrestrial translator, or 
terrestrial repeater li censed by the Federal 
Communications Co mmission; and  
(II)  
in the case of a subscrip tion retransmission of a 
nonsubscription broadcast re transmission covered by 
subclause (I), the 150 mile radi us 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 broadcas t transmission was being 
retransmitted to cable systems (a s defined in section 111(f)) by 
a satellite carrier on January 1,  1995, and that retransmission 
was being retransmitted by cabl e systems as a separate and 
discrete signal, and the satell ite 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)), cons ists solely of noncommercial 
educational and cultural radio pr ograms, and the retransmission, 
whether or not simultaneous, is a nonsubscription terrestrial 
broadcast retransmission; or  
(C)  
a transmission that comes within an y of the following categories -  
(i)  
a prior or simultaneous transmi ssion incidental to an exempt 
transmission, such as a feed rece ived by and then retransmitted 
by an exempt transmitter: Pr ovided, That such incidental 
transmissions do not include an y subscription transmission 
directly for reception by members of the public;   IP/N/1/USA/C/3 
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 (ii)  
a transmission within a business establishment, confined to its 
premises or the immediatel y surrounding vicinity;  
(iii)  
a retransmission by any retransmitter, including a multichannel 
video programming distributor as defined in section 602(12) [1] 
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 busine ss: Provided, That the business 
recipient does not retransmit the transmission outside of its 
premises or the immediately surro unding 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 ce rtain transmissions. -  
The performance of a sound reco rding 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 preex isting satellite digital audio radio 
service shall be subject to statutory lic ensing, in accordance  with subsection 
(f) if -  
(A)  
(i)  
the transmission is not part of an interactive service;  
(ii)  
except in the case of a transmi ssion to a business establishment, 
the transmitting entity does not automatically and intentionally 
cause any device receiving the tr ansmission 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 IP/N/1/USA/C/3 
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 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 exem pt under paragraph (1) that is 
made by a new subscription service or by a preexisting subscription 
service other than in the same tr ansmission 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 retransmi ssion 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 br oadcast transmission, unless -  
(I)  
the broadcast station makes broadcast transmissions -  (aa)  
in digital format that re gularly 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, th e 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 ar tists, except that this clause 
does not disqualify a transmitting entity that makes a prior  IP/N/1/USA/C/3 
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 announcement that a particular artist will be featured within an 
unspecified future time period, and in the case of a 
retransmission of a broadcast tr ansmission by a transmitting 
entity that does not have the right or ability to control the 
programming of the broadcast tr ansmission, 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 th e 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 su ch 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 availa ble 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 so und recording that the IP/N/1/USA/C/3 
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 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 th at offers transmi ssions of visual 
images contemporaneously wi th 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 owne r 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 th e copyright owner or featured 
recording artist of the activities of the transmitting entity other 
than the performance of th e sound recording itself;  
(v)  
the transmitting entity cooperates to prevent, to the extent 
feasible without imposing substantial costs or burdens, a 
transmission recipien t or any other person or entity from 
automatically scanning the transmitting entity's transmissions 
alone or together with transm issions by othe r transmitting 
entities in order to select a pa rticular 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 phon orecord by the transmission 
recipient, and if the technology used by the transmitting entity 
enables the transmitting entity to limit the making by the 
transmission recipien t 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 record ing 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 broadcas t transmissions that regularly 
violate such requirement;  
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 (viii)  
the transmitting entity accommodates and does not interfere 
with the transmission of technical measures that are widely used 
by sound recording copyright ow ners to identify or protect 
copyrighted works, and that are technically feasible of being 
transmitted by the transmitting entity without imposing 
substantial costs on the transmi tting entity or resulting in 
perceptible aural or visual degr adation of the digital signal, 
except that the requirement of th is 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, develope d, 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 reco rding 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 soun d 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 br oadcast transmission, or in the 
case in which devices or techno logy 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 gr anted an exclusive license under 
section 106(6) for the performance of  a sound recording publicly by 
means of digital audio transmissi on for a period in excess of 12 
months, except that with respect to an exclusive license granted to an 
interactive service by a licensor th at 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 recordin g for a period of 13 months from 
the expiration of the pr ior exclusive license.  
(B)  
The limitation set forth in subparagraph (A) of this paragraph 
shall not apply if -  
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 (i)  
the licensor has granted and ther e remain in effect licenses 
under section 106(6) for the public performance of sound 
recordings by means of digital au dio 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 lic ensor 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 di stribution 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 soun d 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 transm ission 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  
  
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 (ii)  
a ''performing rights society'' is  an association or corporation 
that licenses the public perfor mance of nondramatic musical 
works on behalf of the copyrigh t owner, such as the American 
Society of Composers, Authors an d Publishers, Broadcast Music, 
Inc., and SESAC, Inc.  
(4) Rights not otherwise limited. -  
(A)  
Except as expressly provided in th is section, this section does not 
limit or impair the exclusive right to perform a sound recording 
publicly by means of a digital audi o 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 tran smission, 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 unde r any other clause of section 106, or 
remedies available under this titl e, 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 en tities performing sound recordings affected by 
this section may negotiate and agree upon the royalty rates and license 
terms and conditions for the performanc e of such sound recordings and the 
proportionate division of fees pa id among copyright owners, and may 
designate common agents on a nonexclu sive basis to nego tiate, agree to, 
pay, or receive payments.  
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(2)  
For licenses granted under sectio n 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 so und recordings affected by this section may 
designate common agents to act on th eir behalf to grant licenses and 
receive and remit royalty payments: Provided, That each copyright 
owner shall establish the royalty ra tes and material license terms and 
conditions unilaterally, that is, not in agreement, combination, or 
concert with other copyright owne rs of sound recordings; and  
(B)  
entities performing sound recordin gs affected by this section may 
designate common agents to act on their behalf to obtain licenses and collect and pay royalty fees: Provid ed, 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 None xempt Transmissions. -  
(1)  
(A)  
No later than 30 days after the enactment of the Digital 
Performance Right in Sound Recordin gs Act of 1995, the Librarian of 
Congress shall cause notice to be pu blished 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 pree xisting subscription services and 
transmissions by preexisting satel lite 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 arbitr ation royalty panel is convened, 
ending 30 days after the Librarian i ssues and publishes in the Federal 
Register an order adopting the determination of the copyright 
arbitration royalty panel or an orde r setting the terms and rates (if the 
Librarian rejects the panel's dete rmination). Such terms and rates 
shall distinguish among the diffe rent types of digital audio 
transmission services then in operation. Any copyright owners of 
sound recordings, preexisting subscr iption services, or preexisting 
satellite digital audio radio services may submit to the Librarian of 
Congress licenses covering such su bscription tran smissions 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 spec ified in subparagraph (A), and upon 
the filing of a petition in accord ance with section 803(a)(1), the  IP/N/1/USA/C/3 
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 Librarian of Congress shall, pursuant  to chapter 8, convene a copyright 
arbitration royalty panel to dete rmine and publish in the Federal 
Register a schedule of rates and te rms which, subject to paragraph 
(3), shall be binding on all copyri ght owners of sound recordings and 
entities performing sound  recordings affected by this paragraph. In 
establishing rates and terms for preex isting 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 tran smission services and comparable 
circumstances under voluntary licen se 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 indica ting that a new type of 
subscription digital audio tr ansmission 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 subpa ragraph (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 proceedin gs 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 subpa ragraph (B) shall be concluded 
in accordance with section 802.  
 
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 (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 transmi ssions by new subscription services specified 
by subsection (d)(2) during the peri od 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 subscr iption services then in operation 
and shall include a minimum fee for each such type of service. Any 
copyright owners of sound  recordings or any enti ties performing sound 
recordings affected by this paragr aph may submit to the Librarian of 
Congress licenses covering such elig ible nonsubscription transmissions 
and new subscription services with respect to such sound recordings. 
The parties to each negotiation proc eeding 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 spec ified in subparagraph (A), and upon 
the filing of a petition in accord ance with section 803(a)(1), the 
Librarian of Congress shall, pursuant  to chapter 8, convene a copyright 
arbitration royalty panel to dete rmine and publish in the Federal 
Register a schedule of rates and te rms which, subject to paragraph 
(3), shall be binding on all copyri ght 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 th e purchase of phonorecords by 
consumers. In establishing rate s and terms for transmissions by 
eligible nonsubscription services and new subscription services, the 
copyright arbitration royalty panel sh all 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 an d 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 ot herwise may interfere with or  IP/N/1/USA/C/3 
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 may enhance the sound record ing 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 an d the service made available to 
the public with respect to relative creative contribution, 
technological contribu tion, capital investme nt, cost, and risk.  
In establishing such rates and term s, 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 und er 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 re cordings 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 subpa ragraph (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 proceedin gs 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).  
 
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 (iii)  
The procedures specified in subpa ragraph (B) shall be concluded 
in accordance with section 802.  
(3)  
License agreements voluntarily nego tiated at any time between 1 or 
more copyright owners of sound re cordings and 1 or more entities 
performing sound recordings shall be given effect in lieu of any 
determination by a copyright arbitratio n 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 perfor m a sound recording publicly by 
means of a transmission eligible for statutory licensing under this 
subsection may do so without infr inging the exclusive right of the 
copyright owner of th e sound recording -  
(i)  
by complying with such notice re quirements 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 sh all 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 transmissi on licensed under a statutory license 
in accordance with subsecti on (f) of this section -  
(A)  
a featured recording artist who performs on a sound recording 
that has been licensed for a transmi ssion shall be entitled to receive 
payments from the copyright ow ner of the sound recording in 
accordance with the terms of the artist's contract; and  
(B)  
a nonfeatured recording artist wh o performs on a sound recording 
that has been licensed for a transmi ssion shall be entitled to receive  IP/N/1/USA/C/3 
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 payments from the copyright ow ner of the sound recording in 
accordance with the terms of th e 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 re cording 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)  
2 1/2 percent of the receipts sh all be deposited in an escrow 
account managed by an independen t administrator jointly appointed 
by copyright owners of sound recordings and the American Federation 
of Musicians (or any successor entit y) to be distribute d to nonfeatured 
musicians (whether or not members of the American Federation of 
Musicians) who have perfor med on sound recordings.  
(B)  
2 1/2 percent of the receipts sh all be deposited in an escrow 
account managed by an independen t administrator jointly appointed 
by copyright owners of sound recordings and the American Federation 
of Television and Radi o Artists (or any successor entity) to be 
distributed to nonfeatured vocalists (whether or not members of the 
American Federation of Televisi on 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 ar tist or artists featured on such 
sound recording (or the persons co nveying rights in the artists' 
performance in the sound recordings).  
(h) Licensing to Affiliates. -  
(1)  
If the copyright owner of a sound reco rding licenses an affiliated entity 
the right to publicly perform a sound recording by means of a digital audio 
transmission under section 106(6), th e copyright owner shall make the 
licensed sound recording available unde r 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 diffe rences 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 copy right owner may establis h 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  
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 (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 pe rformance of sound recordings under 
section 106(6) shall not be taken into acco unt in any administra tive, judicial, or 
other governmental proceeding to set or ad just the royalties payable to copyright 
owners of musical works for the public perf ormance of their works. It is the intent 
of Congress that royalties payable to co pyright owners of musical works for the 
public performance of their wo rks 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:  
(1)  
An ''affiliated entity'' is an entity engaging in digital audio transmissions 
covered by section 106(6), other than an  interactive servic e, in which the 
licensor has any direct or indirect pa rtnership or any ownership interest 
amounting to 5 percent or more of th e outstanding voting or non-voting 
stock.  
(2)  
An ''archived program'' is a predet ermined program that is available 
repeatedly on the demand of the tr ansmission recipient and that is 
performed in the same order from the beginning, except that an archived 
program shall not include a recorded ev ent or broadcast transmission that 
makes no more than an incidental use of sound recordings, as long as such 
recorded event or broadcast transmissi on does not contain an entire sound 
recording or feature a part icular sound recording.  
(3)  
A ''broadcast'' transmission is a tr ansmission made by a terrestrial 
broadcast station licensed as such  by the Federal Communications 
Commission.  
(4)  
A ''continuous program'' is a pr edetermined program that is 
continuously performed in the same orde r 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 transmissi on of a sound recording. This term 
does not include the transmission of any audiovisual work.  
(6)  
An ''eligible nonsubscription tran smission'' is a noninteractive 
nonsubscription digital audio transmission not exempt under subsection 
(d)(1) that is made as part of a se rvice 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 pu blic such audio or other entertainment  IP/N/1/USA/C/3 
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 programming, and the primary purpose of the service is not to sell, 
advertise, or promote particular prod ucts or services other than sound 
recordings, live concerts, or other music-related events.  
(7)  
An ''interactive service'' is one that enables a me mber of the public to 
receive a transmission of a program spec ially 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 th at particular sound recordings be 
performed for reception by the public  at large, or in the case of a 
subscription service, by all subscrib ers of the service, does not make a 
service interactive, if the programming on each channel of the service does 
not substantially consist of sound reco rdings 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 concu rrently 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 noninterac tive subscription  digital audio 
transmissions and that is not a pree xisting 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 origin al license, and may include a limited 
number of sample channels representati ve of the subscription service that 
are made available on a nonsubscripti on 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 subscrip tion digital audio 
transmissions, which was in existence and was making such  transmissions to 
the public for a fee on or before Ju ly 31, 1998, and may include a limited 
number of sample channels representati ve of the subscription service that 
are made available on a nonsubscripti on basis in order to promote the 
subscription service.  
(12)  
A ''retransmission'' is a further transm ission 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 IP/N/1/USA/C/3 
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 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 ph onorecords 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 se lections in excess of the numerical 
limits provided for in clauses (A) and (B) from multiple phonorecords shall 
nonetheless qualify as a sound record ing performance complement if the 
programming of the multiple phonorecords was not willfully intended to 
avoid the numerical limitations pr escribed in such clauses.  
(14)  
A ''subscription'' transmission is a tr ansmission that is controlled and 
limited to particular recipients, and for which consideration is required to be 
paid or otherwise given by or on be half of the recipi ent to receive the 
transmission or a package of transm issions including th e transmission.  
(15)  
A ''transmission'' is either an initial transmission or a retransmission 
 
 
(Pub. L. 94-553, title I, Sec. 101, Oct.  19, 1976, 90 Stat. 2560; Pub. L. 104-39,  
Sec. 3, Nov. 1, 1995, 109 Stat. 336; Pub.  L. 105-80, Sec. 3, Nov. 13, 1997,  
111 Stat. 1531; Pub. L. 105-304, title IV, Se c. 405(a)(1)-(4), Oct. 28, 1998, 112 Stat. 
2890-2897.  
Sec. 115. - Scope of exclusive rights in nondramatic musical 
works: Compulsory license for making and distributing phonorecords  
In the case of nondramatic musical work s, the exclusive ri ghts provided by 
clauses (1) and (3) of section 106, to make and to distribute ph onorecords of such  IP/N/1/USA/C/3 
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 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 nondra matic musical work have been 
distributed to the public in the United States under the authority of the 
copyright owner, any other person, in cluding 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 ph onorecords is to distribute them to 
the public for private use, includin g 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 dup licating a sound recording fixed by 
another, unless: 
(i)  
such sound recording wa s 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 th e 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 pr otection as a derivative work under 
this title, except with the expre ss consent of the copyright owner.  
(b) Notice of Intention To Obta in Compulsory License. -  
(1)  
Any person who wishes to obtain a compulsory license under this 
section shall, before or within th irty days after ma king, and before 
distributing any phonorecords  of the work, serve notice  of intention to do so 
on the copyright owner. If the registra tion 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 sha ll be sufficient to file the notice of 
intention in the Copyright Office. The notice shall comply, in form, content, 
and manner of service, wi th requirements that the Register of Copyrights 
shall prescribe by regulation.  
(2)  
Failure to serve or file the notice re quired by clause (1) forecloses the 
possibility of a compulsory license an d, in the absence of a negotiated 
license, renders the making and distribution of phon orecords actionable as 
acts of infringement under section 501 and fully subject to the remedies 
provided by sections 502 through 506 and 509.  IP/N/1/USA/C/3 
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 (c) Royalty Payable Under Compulsory License. -  
(1)  
To be entitled to receive royalt ies under a compulsory license, the 
copyright owner must be identified in th e registration or other public records 
of the Copyright Office. The owner is entitled to royalties for phonorecords 
made and distributed after being so iden tified, 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 ph onorecord made and distributed in 
accordance with the license. For this purpose, and other than as provided in 
paragraph (3), a phonorecord is cons idered ''distributed'' if the person 
exercising the compulsory license ha s voluntarily and permanently parted 
with its possession. With respect to ea ch work embodied in the phonorecord, 
the royalty shall be either two and thr ee-fourths cents, or one-half of one 
cent per minute of playing time or fr action thereof, whichever amount is 
larger.  
(3)  
(A)  
A compulsory license under this se ction includes the right of the 
compulsory licensee to distribute or  authorize the di stribution of a 
phonorecord of a nondramatic musi cal 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 digi tal phonorecord delivery by or under 
the authority of the co mpulsory 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 wo rks 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 divisi on of fees paid among copyright 
owners, and may designate common ag ents 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  IP/N/1/USA/C/3 
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 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 reas onable terms and rates of royalty 
payments for the activities specif ied 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 ag ree. 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 digita l 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 subsec tion (a)(1) may submit to the 
Librarian of Congress licenses co vering such activities. The 
parties to each negotiation pr oceeding 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 Libraria n of Congress shall, pursuant to 
chapter 8, convene a copyright arbi tration royalty panel to determine 
a schedule of rates and terms whic h, subject to subparagraph (E), 
shall be binding on all copyright ow ners of nondramatic musical works 
and persons entitled to obtain a compulsory license under subsection 
(a)(1) during the period beginning Ja nuary 1, 1998, and ending on the 
effective date of any new terms an d rates established pursuant to 
subparagraph (C), (D) or (F), or su ch 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 digita l phonorecord delivery, and 
 
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 (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 su bparagraphs (B) and (C). The 
royalty rates payable for a comp ulsory 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 reas onable notice of the use of 
their works under this section, and under which records of such 
use shall be kept and made ava ilable by persons making digital 
phonorecord deliveries.  
(E)  
(i)  
License agreements voluntarily ne gotiated 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 purs uant to which a recording artist 
who is the author of a nondramatic musical work grants a 
license under that person's exclus ive 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 purs uant to subparagraph (C), 
(D) or (F) or of increasing the number of musical works 
within the scope of the cont ract covered by the reduced 
rates, except if a contract en tered into on or before June 
22, 1995, is modified thereafter for the purpose of 
increasing the number of mu sical 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 work s within the scope of the 
contract as of June 22, 1995; and  
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 (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 accord ance with regulations that the 
Librarian of Congress shall prescribe, in each fifth calendar year after 
1997, except to the extent that di fferent 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 un der 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 deliver y 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 copy right in the sound recording 
under section 106(6).  
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 (I)  
The liability of the copyright ow ner 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 copy right in the sound recording does 
not license the distribution of a phonorecord of the nondramatic 
musical work.  
(J)  
Nothing in section 1008 shall be co nstrued to prevent the exercise 
of the rights and remedies allowed by this paragraph, paragraph (6), 
and chapter 5 in the event of a di gital phonorecord delivery, except 
that no action alleging infringe ment of copyright may be brought 
under this title against a manufacture r, importer or distributor of a 
digital audio recording device, a di gital audio recording medium, an 
analog recording device, or an anal og 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 sect ions 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), in cluding by means of a digital 
phonorecord delivery, or  
(iii)  
any other rights unde r any other provision of section 106, or 
remedies available under this titl e, 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) thro ugh (5) with respect to such 
transmissions and re transmissions.  
(4)  
A compulsory license under this sect ion includes the right of the maker 
of a phonorecord of a nondramatic musi cal work under subsection (a)(1) to 
distribute or authorize dist ribution of such phonorec ord by rental, lease, or 
lending (or by acts or practices in the nature of rental, lease, or lending). In  IP/N/1/USA/C/3 
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 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 th e nature of rental, lease, or lending, 
by or under the authority of the compul sory 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 phonor ecord under this clause equal to the 
proportion of the revenue received  by the compulsory licensee from 
distribution of the phon orecord 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 ca rry 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 un der oath and shall comply with 
requirements that the Register of Copy rights shall prescribe by regulation. 
The Register shall also prescribe regula tions 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 nu mber of records distributed.  
(6)  
If the copyright owner does not re ceive the monthly payment and the 
monthly and annual statem ents of account when du e, the owner may give 
written notice to the licensee that, unl ess the default is remedied within 
thirty days from the date of the notice, the compulsory license will be 
automatically terminated. Such terminat ion renders either the making or the 
distribution, or both, of all phonorecor ds 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 in dividual 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 di gital 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 tran smission of a sound record ing where no reproduction 
of the sound recording or the musical wo rk embodied therein is made from the 
inception of the transmission through to it s receipt by the transm ission recipient in 
order to make the soun d recording audible. 
Sec. 116. - Negotiated licenses fo r public performances by means 
of coin-operated phonorecord players  
(a) Applicability of Section. -  
This section applies to any nondra matic musical work embodied in a 
phonorecord.  IP/N/1/USA/C/3 
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 (b) Negotiated Licenses. -  
(1) Authority for negotiations. -  
Any owners of copyright in works to  which this section applies and any 
operators of coin-operated phonorec ord players may negotiate and agree 
upon the terms and rates of royalty pa yments for the performance of such 
works and the proportionate division of  fees paid among copyright owners, 
and may designate common agents to ne gotiate, agree to, pay, or receive 
such royalty payments.  
(2) Arbitration. -  
Parties not subject to such a negoti ation 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 phonorecor d 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 perf ormance 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 readil y 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;  
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 (B)  
has the power to make a coin-operated phonorecord player 
available for placement in an esta blishment 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 
Sec. 117. - Limitations on exclus ive rights: Computer programs  
(a) Making of Additi onal 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 th at 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 cont inued 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 transf erred, 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 pr epared 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 so lely 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 activa ted, such program or part thereof is 
not accessed or used other than to ma ke such new copy by virtue of the 
activation of the machine.  
(d) Definitions. -  
For purposes of this section -  
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 (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 rest oring of the machin e to the state of 
working in accordance with its original specifications and any changes to those specifications authorized for that machine 
Sec. 118. - Scope of exclusive ri ghts: Use of certain works in 
connection with noncommercial broadcasting  
(a)  
The exclusive rights provid ed by section 106 shall, with respect to the works 
specified by subsection (b) and the activi ties 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 co pyright 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 activi ties 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 negoti ated 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 agreemen ts 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, pursua nt 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, regardle ss of whether such copyright owners 
have submitted proposals to the Libraria n of Congress. In establishing such 
rates and terms the copyright arbitrat ion 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  IP/N/1/USA/C/3 
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 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 regulati ons that the Libraria n 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, gr aphic, and sculptural works:  
(1)  
performance or display of a work by or in the course of a transmission 
made by a noncommercial educationa l broadcast station referred to in 
subsection (g); and  
(2)  
production of a transmission prog ram, reproduction of copies or 
phonorecords of such a transmission program, and distribution of such 
copies or phonorecords, where such prod uction, 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 si multaneously with it s transmission as 
specified in paragraph (1), and the perf ormance or display of the contents of 
such program under the conditions specified by paragraph (1) of section 
110, but only if the reproductions are us ed 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 dest royed before or at the end of such 
period. No person supplying, in accordance with paragraph (2), a 
reproduction of a transmission program to governmental bo dies or nonprofit 
institutions under this paragraph shall have any liability as a result of failure 
of such body or institution to destro y 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 sp ecified in subsection (b). Owners of 
copyright in nondramatic literary works an d 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 rate s of royalty payments shall be effective 
upon filing in the Copyright Office, in accordance with regulations that the Register 
of Copyrights shall prescribe.  IP/N/1/USA/C/3 
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(f)  
Nothing in this section shall be construed to permit, beyond the limits of fair 
use as provided by section 107, the unaut horized dramatization of a nondramatic 
musical work, the production of a transm ission program drawn to any substantial 
extent from a published compilation of pictorial, graphic, or sculptural works, or 
the unauthorized use of any port ion of an audiovisual work.  
(g)  
As used in this section, the term ''public broadcasting entity'' means a 
noncommercial educational broadcast statio n 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) 
Sec. 119. - Limitations on exclusive rights: Secondary 
transmissions of supe rstations and network stations for private 
home viewing  
(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), seco ndary transmissions of a primary 
transmission made by a su perstation or by the Public Broadcasting Service 
satellite feed and embodying a performa nce or display of a work 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 tran smissions the satellite carrier is in 
compliance with the rules, regulations, or authorizations of the Federal 
Communications Commi ssion 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 ha s contracted with th e carrier for direct 
or indirect delivery of the secondary transmission to the public for private 
home viewing. In the case  of the Public Broadcasti ng Service satellite feed, 
the statutory license shall be effective until January 1, 2002.  
(2) Network stations. -  
(A) In general. -  
Subject to the provisions of su bparagraphs (B) and (C) of this 
paragraph and paragraphs (3), (4), (5), and (6) of this subsection and 
section 114(d), secondary transmissi ons 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 Co mmunications Commission governing 
the carriage of television broadcas t station signals, and the carrier 
makes a direct or indirect charge for such retransmission service to 
each subscriber receiving th e secondary transmission.  
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(B) Secondary transmissions to unserved households. -  
(i) In general. -  
The statutory license provided for in subparagraph (A) shall be 
limited to secondary transmission s of the signals of no more 
than two network stations in a single day for ea ch 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 su ch 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 su bscribers to which the satellite 
carrier makes secondary transmission s of that primary transmission. 
Thereafter, on the 15th of each mo nth, 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 IP/N/1/USA/C/3 
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 subparagraph. Such subscriber info rmation 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 submi ssions 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 transmi ssion to the public by a satellite carrier of a 
primary transmission made by a supe rstation 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 5 06 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 ac tionable 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 imme diately before or after, the transmission of such 
program, is in any way willfully altered by the satellite carrier through 
changes, deletions, or a dditions, or is combined with programming from any 
other broadcast signal.  
(5) Violation of territorial rest rictions 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 hous ehold 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 su ch 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 whic h the violation occurred.  
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 (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 uns erved households, then in addition 
to the remedies set forth in subparagraph (A) -  
(i)  
if the pattern or practice has b een 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 sha ll 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 netw ork 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 carrie r to persons who subscribed to 
receive such secondary transmission s from the satellite carrier or a 
distributor before No vember 16, 1988.  
(D) Burden of proof. -  
In any action brought under this paragraph, the satellite carrier 
shall have the burden of proving th at 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 sa tellite carrier of a performance 
or display of a work embodied in a primary transmission made by a 
network station to subscribers wh o do not reside in unserved 
households shall not be an act of infringement if -  
(i)  
the station on May 1, 1991, wa s retransmitted by a satellite 
carrier and was not on that date owned or operated by or affiliated with a television netw ork 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;  
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 (ii)  
as of July 1, 1998, such station was retransmitted by a satellite 
carrier under the statutory licen se 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 pu blic by a satellite carrier of [1] performance 
or display of a work embodied in a primary transmission made by a 
superstation or a network station is ac tionable 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 satell ite carrier unlawfu lly discriminates 
against a distribu tor. ''a''.  
(7) Geographic limitation on seco ndary 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. -  
(A) In general. -  
Subject to subparagraph (C), up on a challenge by a network 
station regarding whether a subscr iber is an unserved household 
within the predicted Grade B Contou r of the station, the satellite 
carrier shall, within 60 days afte r the receipt of the challenge -  
(i)  
terminate service to that househ old of the signal  that is the 
subject of the challenge, and with in 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 determ ine 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 hous ehold of the signal that is the 
subject of the challenge, and with in 30 days thereafter notify the  IP/N/1/USA/C/3 
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 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 sa tellite carrier for the costs of 
the signal measurement within 60 days after receipt of the 
measurement results and a stat ement 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 st ation's local market that have 
subscribed to the service as of th e 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 satellit e 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 af ter receipt of the measurement, 
terminate service to the househol d of the signal that is the 
subject of the challenge and within  30 days thereafter notify the 
network station that made the ch allenge that service has been 
terminated. The carrier shall also, within 60 days after receipt of 
the measurement and a statem ent 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 satellit e 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 meas urement indicates that -  
 
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 (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 hous ehold of the signal that is 
the subject of the challeng e, and shall reimburse the 
station for the costs of the measurement wi thin 60 days 
after receipt of the measurem ent 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 measur ement; 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 ca rrier 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 statemen t 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 reason able attempt to conduct a site 
measurement of its signal at a subscr iber'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 servic e of the station's network to that household.  
(11) Service to recreational vehicl es 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  
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 (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 netw ork 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 subparag raph, 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 commercia l 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 operat or 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 vehi cle, a copy of the current State 
vehicle registration for th e recreational vehicle.  
(iii) Registration and license. -  
In the case of a commercial truck, a copy of -  (I)  
the current State vehicle regist ration 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 recrea tional vehicle or comm ercial truck for more 
than a 2-year period, that carrier shall provide each network, upon 
request, with updated documentat ion in the form described under IP/N/1/USA/C/3 
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 subparagraph (B) during the 90 days be fore expiration of that 2-year 
period.  
(12) Statutory license contingent on complianc e with fcc rules and remedial steps. 
-  
Notwithstanding any other provision of this section, the willful or 
repeated secondary transmi ssion to the public by a satellite carrier of a 
primary transmission embodying a perf ormance or display of a work made 
by a broadcast station licensed by the Federal Communica tions Commission 
is actionable as an act of infringement  under section 501, an d is fully subject 
to the remedies provided by sectio ns 502 through 506 and 509, if, at the 
time of such transmission, the satellit e carrier is not in compliance with the 
rules, regulations, and authorizations of the Federal Communications 
Commission concerning the ca rriage of television broa dcast station signals.  
(b) Statutory License for Secondary Transmis sions for Private Home Viewing. -  
(1) Deposits with the regist er of copyrights. -  
A satellite carrier whose secondar y transmissions are subject to 
statutory licensing under subsection (a) shall, on a semiannual basis, deposit 
with the Register of Copyrights, in a ccordance 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 transm itted, at any time during that 
period, to subscribers for privat e home viewing as described in 
subsections (a)(1) and (a)(2), the total number of subscribers that 
received such transmissions, and su ch 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 supe rstation 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 cabl e system in the United States, 
would be subject to the syndic ated exclusivity rules of the 
Federal Communications Commi ssion, and 14 cents per 
subscriber in the case of supers tations 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 statio n or the Public Broadcasting 
Service satellite feed during ea ch calendar month by 6 cents; 
and  
 
(iii)  
adding together the totals comput ed under clauses (i) and (ii).   IP/N/1/USA/C/3 
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 (2) Investment of fees. -  
The Register of Copyrights shall re ceive all fees deposited under this 
section and, after deducting the reason able costs incurred by the Copyright 
Office under this section (other than  the costs deducted under paragraph 
(4)), shall deposit the balance in the Tr easury of the United  States, in such 
manner as the Secretary of the Treasu ry directs. All funds held by the 
Secretary of the Treasury shall be invest ed 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 pa ragraph (2) shall, in accordance 
with the procedures provided by para graph (4), be distributed to those 
copyright owners whose works were incl uded 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 di stribution. -  
The royalty fees deposited under para graph (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 tr ansmissions for 
private home viewing shall file a claim with the Librarian of Congress, 
in accordance with requirements th at 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 sing le claim, or may designate a common 
agent to receive payment on their behalf.  
(B) Determination of controve rsy; 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 controvers y 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 proceed ing under this subsection, the 
Librarian of Congress shall withhold  from distribution an amount 
sufficient to satisfy all claims wi th respect to which a controversy 
exists, but shall have discretion to proceed to distribute any amounts 
that are not in controversy.  
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 (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 fo r 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 id entify common agents, the Librarian 
of Congress shall do so, after re questing 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 pa rties 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 f iled with the Copyright Office in 
accordance with this paragraph sh all 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 purp ose 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 paragrap h (2). Such arbitration proceeding 
shall be conducted under chapter 8.  
 
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 (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 st ations and superstations that most 
clearly represent the fair market va lue 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 simila r signals in similar private and 
compulsory license marketplaces , and any special features and 
conditions of the retran smission 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 deci sion 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 arbitratio n 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, distributo rs, and copyright owners, who are not 
party to a voluntary agreement file d with the Copyright Office under 
paragraph (2).  
(4) Reduction. -  
(A) Superstation. -  
The rate of the royalty fee in e ffect 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 e ffect on January 1, 1998, payable 
under subsection (b)(1)(B)(ii) shall be reduced by 45 percent.  
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 (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.  
(d) Definitions. -  
As used in this section -  
(1) Distributor. -  
The term ''distributor'' means an entity which contracts to distribute 
secondary transmissions from a satellit e carrier and, either as a single 
channel or in a package with other programming, provides the secondary 
transmission either dire ctly to individual subscribers for private home 
viewing or indirectly through othe r program distribu tion entities.  
(2) Network station. -  
The term ''network station'' means -  
(A)  
a television broadcast station, in cluding any translator station or 
terrestrial satellite station that rebr oadcasts all or substantially all of 
the programming broadcast by a netw ork 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);  
except that the term does not incl ude the signal of the Alaska Rural 
Communications Service, or any succe ssor entity to that service.  
(3) Primary network station. -  
The term ''primary network statio n'' 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'' me ans the viewing, fo r private use in 
a household by means of satellite reception equipment which is operated by an individual in that ho usehold and which serves on ly 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.  
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 (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-Sate llite Service under part 25 of title 
47 of the Code of Federal Regulation s or the Direct Broadcast Satellite 
Service under part 100 of title 47 of th e Code of Federal Regulations, to 
establish and operate a channel of communications for point-to-multipoint 
distribution of tele vision station signal s, 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 Communi cations 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 indi vidual who receives a secondary 
transmission service for private home  viewing by means of a secondary 
transmission from a satellite carrier an d 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 st ation, other than a network 
station, licensed by the Federal Communications Commi ssion that is 
secondarily transmitted by a satellite carrier; and  
(B)  
except for purposes of computin g the royalty fee, includes the 
Public Broadcasting Service satellite feed.  
(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 Communica tions Commission under section 
73.683(a) of title 47 of the Code of Fe deral Regulations, as in effect on 
January 1, 1999;  
(B)  
is subject to a waiver granted un der regulations established under 
section 339(c)(2) of the Communications Act of 1934;  
(C)  
is a subscriber to whom subsection (e) applies;  
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 (D)  
is a subscriber to whom subsection (a)(11) applies; or  
(E)  
is a subscriber to whom th e 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 de signated 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.  
(e) Moratorium on Copyri ght Liability. -  
Until December 31, 2004, a subscriber who does not receive a si gnal of Grade A intensity 
(as defined in the r egulations of the Federal Communications Co mmission 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 In dividual Location Longley-
Rice methodology described by the Federal Communications Commis sion in Docket No. 98-
201) of a local network television broadcast station shall rema in eligible to receive signals of 
network stations affiliated with  the same network, if that subs criber had satellite service of such 
network signal terminated after July 11, 1998, and before Octob er 31, 1999, as required by this 
section, or received such s ervice on October 31, 1999.  
Sec. 120. - Scope of exclusive ri ghts in architectural works  
(a) Pictorial Representations Permitted. -  
The copyright in an architectural work that has been constructed does not 
include the right to prevent the making, dist ributing, or public display of pictures, 
paintings, photographs, or other pictor ial 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 provis ions of section 106(2), th e owners of a building 
embodying an architectural work may, without the consent of the author or 
copyright owner of the architectural wo rk, make or authorize the making of 
alterations to such building, and destro y or authorize the destruction of such 
building. 
 
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 Sec. 121. - Limitations on exclusiv e rights: reproduction for blind 
or other people with disabilities  
(a)  
Notwithstanding the provisio ns 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, nond ramatic literary work if such copies or 
phonorecords are reproduced or distribute d 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 distribu ted in a format other than a 
specialized format exclusively for us e by blind or other persons with 
disabilities;  
(B)  
bear a notice that any further re production or distribution in a 
format other than a specialized fo rmat is an infringement; and  
(C)  
include a copyright notice identi fying 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 an d 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 nonprofi t organization or a governmental 
agency that has a primary mission to pr ovide specialized services relating to 
training, education, or adaptive readin g or information access needs of blind 
or other persons wi th disabilities;  
(2)  
''blind or other persons with disabi lities'' means individuals who are 
eligible or who may qualify in accordance with the Act entitled ''An Act to 
provide books for the adult blind'', a pproved 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 
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 Sec. 122. - Limitations on exclusive rights; secondary 
transmissions by satellite carri ers within local markets  
(a) Secondary Transmissions of Te levision Broadcast Stations by Satellite Carriers. -  
A secondary transmission of a performanc e 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 transmissi ons, the satellite carrier is in 
compliance with the rules, regulations, or authorizations of the Federal Communications Commi ssion 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 delive ry of the secondary transmission to the public.  
(b) Reporting Requirements. -  
(1) Initial lists. -  
A satellite carrier that makes seco ndary transmissions of a primary 
transmission made by a network statio n under subsection (a) shall, within 
90 days after commencing such second ary transmissions, submit to the 
network that owns or is affiliated with the network station a list identifying 
(by name in alphabetical order and st reet address, including county and zip 
code) all subscribers to which the satellite carrier makes secondary 
transmissions of that primary tran smission 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 str eet address, including county and zip 
code) any subscribers who have been a dded 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 
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 on file with the Register of Copyrigh ts 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 tr ansmissions are subject to statutory 
licensing under subsection (a) shall have no royalty obligation for such secondary 
transmissions.  
(d) Noncompliance With Reporting an d 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 transmissi on embodying a performance or display 
of a work made by that television broadc ast station is actionable as an act of 
infringement under section 501, and is fu lly subject to the remedies provided 
under sections 502 through 506 and 509, if  the satellite carrier has not complied 
with the reporting requiremen ts 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 seco ndary 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 embodi ed in a primary transmission made by 
that television broadcast station is acti onable as an act of infringement under 
section 501, and is fully subject to the re medies provided by sections 502 through 
506 and sections 509 and 510, if the conten t of the particular program in which 
the performance or display is embodied, or any commercial advertising or station 
announcement transmitted by the primary transmitte r 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 Rest rictions 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 lic ensing 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 su ch 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.  
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 (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 th e remedies under paragraph (1) -  
(A)  
if the pattern or practice has b een carried out on a substantially 
nationwide basis, the court -  
(i)  
shall order a permanent injunc tion barring the secondary 
transmission by the satellite carr ier 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 injunc tion 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 tran smission of a primar y transmission by a 
television broadcast station is made only to subscribers located within that 
station's local market or subscribers bein g served in compliance with section 119 
or a private licensing agreement.  
(h) Geographic Limitations on Se condary 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 Tr ansmissions of Broadcast Stations by 
Satellite to Members of the Public. -  
No provision of section 111 or any othe r law (other than this section and 
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 through which secondary transmissions by satellite carriers of programming 
contained in a primary transm ission 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 satellit e carrier and, either as a single 
channel or in a package with other programming, provides the secondary 
transmission either directly to individual subscr ibers or indirectly through 
other program distri bution 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 design ated 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 desi gnated 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 carrie r; secondary transmission. -  
The terms ''network station'', ''satellite carrier'', and ''secondary 
transmission'' have the me anings 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 satell ite carrier or to a distributor.  
(5) Television broadcast station. -  
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 (A)  
means an over-the-air, commercial or noncommercial television 
broadcast station licensed by the Federal Communica tions 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 2 - COPYRIGHT OWNERSHIP AND TRANSFER  
 
Sec.  
201. Ownership of copyright  
202. Ownership of copyrigh t as distinct from owne rship 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  
 
Sec. 201. - Ownership of copyright  
(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 join t work are coowners 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 au thor for purposes of this title, and, 
unless the parties have expressly agreed ot herwise 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 collectiv e 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 tr ansfer of the copyrigh t 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 co ntribution as part 
of that particular collective work, any revision of that collective work, and any later 
collective work in the same series.  
 
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 (d) Transfer of Ownership. -  
(1)  
The ownership of a copyright may be tr ansferred in whole or in part by 
any means of conveyance or by operatio n 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 compri sed 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 se parately. 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 co pyright 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 no t previously been transferred voluntarily 
by that individual author, no  action by any governmental body or other official or 
organization purporting to seize, exprop riate, 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. 
Sec. 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 obje ct, 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 ex clusive rights under a copyright convey 
property rights in any material object  
Sec. 203. - Termination of transf ers and licenses granted by the 
author  
(a) Conditions for Termination. -  
In the case of any work other than a work made fo r hire, the exclusive or 
nonexclusive grant of a transfer or licen se 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 te rmination interest. 
In the case of a grant ex ecuted 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 exerci sed as a unit by the person  or persons who, under IP/N/1/USA/C/3 
IP/N/1/USA/I/1 Page 102 
 
 
 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 au thor's entire termination interest 
unless there is a widow or widower,  in which case the ownership of 
one-half of the author's inte rest is divided among them;  
(C)  
the rights of the author's children and grandchildren are in all 
cases divided among them and ex ercised on a per stirpes basis 
according to the number of such au thor'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. [1]  
(D)  
In [2] the event that the author's widow or widower, children, and 
grandchildren are not living, the author's executor, administrator, 
personal representative, or trust ee shall own the author's entire 
termination interest.  
(3)  
Termination of the grant may be effect ed 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 pr oportion of owners of termination 
interests required under clauses (1) and (2) of this subsection, or by their 
duly authorized agents, up on the grantee or the gran tee's successor in title.  
(A)  
The notice shall state the effectiv e 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 co py of the notice shall be recorded 
in the Copyright Office before the e ffective date of termination, as a 
condition to its taking effect.  
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 (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, author s, 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 deri vative works based upon  the copyrighted work 
covered by the terminated grant.  
(2)  
The future rights that wi ll revert upon termination of the grant become 
vested on the date the notice of termin ation 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 furthe r 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 te rminate 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 te rminated grant have vested in him or 
her, that person's legal representative s, legatees, or heirs at law represent 
him or her for purposes of this clause.  
(4)  
A further grant, or agreement to ma ke 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 grant ee or such grantee's successor in title, 
after the notice of termination has been served as provided by clause (4) of 
subsection (a).  
 IP/N/1/USA/C/3 
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 (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, th e grant, if it does not 
provide otherwise, continues in e ffect for the term of copyrigh t provided by this title  
Sec. 204. - Execution of transf ers 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 th e rights conveyed or such owner's duly 
authorized agent.  
(b)  
A certificate of acknowledgement 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 admi nister 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 oa ths whose authority is proved by a 
certificate of such an officer  
Sec. 205. - Recordation of tr ansfers and other documents  
(a) Conditions for Recordation. -  
Any transfer of copyright ownership or other document pertaining to a 
copyright may be recorded in the Copyri ght Office if the document filed for 
recordation bears the actual signature of th e 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 certif icate 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 -  
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 (1)  
the document, or material attached to it, specifically identifies the work 
to which it pertains so th at, after the document is in dexed 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 tr ansfers, 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 th e 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 ex ecution of the transfer; or  
(2)  
the license was taken in good faith before recordation of the transfer 
and without notice of it 
 
CHAPTER 3 - DURATION OF COPYRIGHT  
Sec.  
301. Preemption with respect to other laws  302. Duration of copyright: Works crea ted 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 copyrigh t: Terminal date  
Sec. 301. - Preemption with  respect to other laws  
(a)  
On and after January 1, 1978, all legal or  equitable rights th at are equivalent 
to any of the exclusive rights  within the general scope of  copyright as specified by 
section 106 in works of auth orship 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 be fore or after that date and whether 
published or unpublished, are governed excl usively by this titl e. Thereafter, no 
person is entitled to any such right or eq uivalent right in any such work under the 
common law or statutes of any State.  IP/N/1/USA/C/3 
IP/N/1/USA/I/1 Page 106 
 
 
 (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 work s protected under section 102(a)(8).  
(c)  
With respect to sound recordings fixe d before February 15, 1972, any rights 
or remedies under the common law or stat utes 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 righ ts and remedies pert aining to any cause 
of action arising from undertakings co mmenced on and after February 15, 2067. 
Notwithstanding the provisio ns of section 303, no sound recording fixed before 
February 15, 1972, shall be subject to copyri ght 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 th is section is not affected by the 
adherence of the United Stat es to the Berne Convention or the satisfaction of 
obligations of the United  States thereunder.  
(f)  
(1)  
On or after the effective date set fo rth 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 sectio n 106A with respect to works of visual 
art to which the rights conferred by section 106A apply are governed 
exclusively by section 106A and sectio n 113(d) and the provisions of this 
title relating to such sections. Thereaft er, 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.  
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 (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 6 10(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 
Sec. 302. - Duration of copyrigh t: Works created on or after 
January 1, 1978  
(a) In General. -  
Copyright in a work created on or af ter 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 an d 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 la st surviving author's death.  
(c) Anonymous Works, Pseudonymous Work s, and Works Made for Hire. -  
In the case of an anonymous work, a pseudonymous work, or a work made 
for hire, the copyright endure s for a term of 95 years from the year of its first 
publication, or a term of 120 years from th e 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 re vealed 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 copyri ght in the work endures for the term 
specified by subsection (a) or (b), based on the life of the auth or or authors whose 
identity has been revealed. Any person having an intere st 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 statemen t 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 so urce 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 co pyright may at any time record in the 
Copyright Office a statement of the date of  death of the author of the copyrighted IP/N/1/USA/C/3 
IP/N/1/USA/I/1 Page 108 
 
 
 work, or a statement that the author is still living on a particular date. The 
statement shall identify the pe rson 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 statem ents 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 it s creation, whichever expires first, any 
person who obtains from the Copyright Offi ce 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 befo re, is entitled to the benefits 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. 
Sec. 303. - Duration of copyright:  Works created but not published 
or copyrighted before  January 1, 1978  
(a)  
Copyright in a work create d 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 th e 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 
Sec. 304. - Duration of copyri ght: Subsisting copyrights  
(a) Copyrights in Their First Te rm on January 1, 1978. -  
(1)  
(A)  
Any copyright, 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 pe riodical, cyclopedic, or other 
composite work upon which the copyright was originally secured by the proprietor thereof, or  
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 (ii)  
any work copyrighted by a corpor ate body (otherwise than as 
assignee or licensee of the individu al 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 fo r the further term of 67 years.  
(C)  
In the case of any other co pyrighted 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 fu rther term of 67 years, which -  
(i)  
if an application to register a claim to such further term has 
been made to the Copyright Offi ce 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 fu rther term of 67 years, which -  IP/N/1/USA/C/3 
IP/N/1/USA/I/1 Page 110 
 
 
 (i)  
if an application to register a claim to such further term has 
been made to the Copyright Offi ce 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 pers on 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 cl aim 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 renewe d 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 no t 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 ex piration 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 do es 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 cert ificate of such re gistration shall  IP/N/1/USA/C/3 
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 constitute prima facie evidence as to the validity of the copyright 
during its renewed and extended term  and of the fact s stated in the 
certificate. The ev identiary weight to be accorded the certificates of a 
registration of a renewe d and extended term of  copyright made after 
the end of that 1-year period shal l 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. -  
Any copyright still in its renewal term at the time that the Sonny Bono 
Copyright Term Extension Act becomes effe ctive shall have a copyright term of 95 
years from the date copyrigh t was originally secured.  
(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 wh o 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 au thor's entire termination interest 
unless there is a widow or widower,  in which case the ownership of 
one-half of the author's inte rest is divided among them;  
(C)  
the rights of the author's children and grandchildren are in all 
cases divided among them and ex ercised on a per stirpes basis 
according to the number of such au thor'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.  IP/N/1/USA/C/3 
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 (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 trust ee shall own the author's entire 
termination interest.  
(3)  
Termination of the grant may be effect ed at any time during a period of 
five years beginning at the end of fift y-six years from the date copyright was 
originally secured, or beginning on Ja nuary 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 person s other than the author, the notice 
shall be signed by all of those entitl ed 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 sha ll 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 in terest required under clauses (1) and 
(2) of this subsection, or by their duly author ized agents.  
(A)  
The notice shall state the effectiv e 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 sh all 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 term ination, 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 au thors 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 term ination, 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  IP/N/1/USA/C/3 
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 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 reve rt upon termination of the grant 
become vested on the date the noti ce 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 furthe r 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 he irs 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 th e first sentence of  clause (6) of 
this subsection, or between the pers ons provided by subclause (C) of 
this clause, and the original grante e 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.  
 
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 (d)  
Termination Rights Provided in Subsection (c) Which Have Expired on or 
Before the Effective Date of the Sonny Bo no 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 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 ri ght, the exclusive or nonexc lusive grant of a transfer 
or license of the renewal copyright or an y right under it, executed before January 
1, 1978, by any of the person s 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 th e 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 p eriod of 5 years 
beginning at the end of 75 years  from the date copyright was or iginally secured  
Sec. 305. - Duration of co pyright: Terminal date  
All terms of copyright provided by sect ions 302 through 304 run to the end of 
the calendar year in which they would otherwise expire 
 
CHAPTER 4 - COPYRIGHT NOTICE, DEPOSIT, AND REGISTRATION  
Sec. 
401. Notice of copyright: Vi sually perceptible copies  
402. Notice of copyright: Phonor ecords of sound recordings  
403. Notice of copyright: Pub lications incorporat ing United States Government works  
404. Notice of copyright: Cont ributions to collective works  
405. Notice of copyright: Om ission 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 phonor ecords 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 in fringement actions  
412. Registration as prer equisite to certain reme dies for infringement  
Sec. 401. - Notice of copyright:  Visually perceptible copies  
(a) General Provisions. -  
Whenever a work protected under this ti tle 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, ei ther directly or with the ai d of a machine or device.  
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 (b) Form of Notice. -  
If a notice appears on the copies, it  shall consist of the following three 
elements:  
(1)  
the symbol (AF) (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 previous ly published material, the year date 
of first publication of the compilation or derivative work is sufficient. The 
year date may be omitted where a pictoria l, 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 copi es in such manner and location as to 
give reasonable notice of th e claim of copyright. The Re gister of Copyrights shall 
prescribe by regulation, as examples, spec ific 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 weig ht 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). 
Sec. 402. - Notice of copyright: Ph onorecords of sound recordings  
(a) General Provisions. -  
Whenever a sound recording protected un der this title is published in the 
United States or elsewhere by authorit y 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 (the letter P in a circle); and  
(2)  
the year of first publication of the sound recording; and  IP/N/1/USA/C/3 
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 (3)  
the name of the owner of copyrigh t 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 noti ce, the producer's name shall be 
considered a part of the notice.  
(c) Position of Notice. -  
The notice shall be placed on the su rface of the phonor ecord, or on the 
phonorecord label or container, in such ma nner and location as to give reasonable 
notice of the clai m 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). 
Sec. 403. - Notice of copyright: Publications incorporating United 
States Government works  
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 th e copyright infringement suit had access 
includes a statement identify ing, either affirmatively or  negatively, those portions 
of the copies or phonorecords embodying any work or works protected under this 
title 
Sec. 404. - Notice of copyright: Co ntributions to collective works  
(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 wi th respect to the se parate 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 contributi ons 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 effect ive date of the Berne Convention 
Implementation Act of 1988, wh ere 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 ow n notice, the case is governed by the 
provisions of section 406(a) 
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 Sec. 405. - Notice of copyright: Omission of noti ce on certain 
copies and phonorecords  
(a) Effect of Omission on Copyright. -  
With respect to copies and phonorecords  publicly distributed by authority of 
the copyright owner before the effect ive date of the Berne Convention 
Implementation Act of 1988, the omission of the copyri ght 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 ma de 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 afte r the omission has been discovered; or  
(3)  
the notice has been omitted in viol ation of an express requirement in 
writing that, as a condition of the copyright owner's authorization of the 
public distribution of copies or ph onorecords, 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 whic h the copyright notice has been omitted 
and which was publicly distributed by auth ority 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 th at registration for the work has been 
made under section 408, if such person pr oves that he or she was misled by the 
omission of notice. In a suit for infringeme nt 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 auth orization of the copyright owner, from 
any publicly distributed copies or phonorecords. 
Sec. 406. - Notice of copyright: Er ror in name or date on certain 
copies and phonorecords  
(a) Error in Name. -  
With respect to copies and phonorecords  publicly distributed by authority of 
the copyright owner before the effect ive date of the Berne Convention 
Implementation Act of 1988, where the person named in the copyright notice on IP/N/1/USA/C/3 
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 copies or phonorecords publicly distribute d 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, an y person who innocently begins an 
undertaking that infringes the copyright ha s a complete defense to any action for 
such infringement if such person proves that he or she was mi sled by the notice 
and began the undertaking in good faith under a purported transfer or license from 
the person named therein, unless be fore 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 pu rportedly made under the copyright by the 
person named in the notice.  
(b) Error in Date. -  
When the year date in the notice on co pies or phonorecords distributed before 
the effective date of the Berne Conven tion 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 with out any notice and is governed by the 
provisions of section 405.  
(c) Omission of Name or Date. -  
Where copies or phonorecords publicly di stributed 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 co uld reasonably be considered a part of 
the notice, the work is considered to ha ve been published without any notice and 
is governed by the provisions of sectio n 405 as in effect on the day before the 
effective date of the Berne Conven tion Implementation Act of 1988. 
Sec. 407. - Deposit of copies or  phonorecords for Library of 
Congress  
(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, tw o complete phonorecords of the best 
edition, together with any printed or  other visually perceptible material 
published with such phonorecords.   IP/N/1/USA/C/3 
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 Neither the deposit requirements of this subsection nor the acquisition 
provisions of subsection (e) are co nditions of copyright protection.  
(b)  
The required copies or phonorecords sha ll be deposited in th e Copyright Office 
for the use or disposition of the Library of Congress. The Register of Copyrights 
shall, when requested by the depositor an d upon payment of the fee prescribed by 
section 708, issue a receipt for the deposit.  
(c)  
The Register of Copyrights may by re gulation 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 fr om the deposit requirements of this 
section, or for alternative forms of de posit aimed at providing a satisfactory 
archival record of a work without imposing practical or financial hardships on the 
depositor, where the individu al 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 th e required deposit on any 
of the persons obligated to make the depo sit under subsection (a). Unless deposit 
is made within three months after the de mand 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 ph onorecords 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 IP/N/1/USA/C/3 
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 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 f ixation 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 th e 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 re producing 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 regulati ons 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 tr ansmission 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) or (2) of this subsection shall result in liability if intended solely to assist in the acquisition of copies or phonorecords under this subsection 
Sec. 408. - Copyright regi stration in general  
(a) Registration Pe rmissive. -  
At any time during the subsistence of the first term of copyright in any 
published or unpublished work in which th e copyright was secured before January 
1, 1978, and during the subsis tence of any copyright secure d on or after that date, 
the owner of copyright or of any excl usive right in the work may obtain 
registration of the copyrigh t 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 Copyrigh t Registration. -  
Except as provided by subsection (c), the material deposite d for registration 
shall include -  
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 (1)  
in the case of an unpublished work, on e 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 publis hed outside the Un ited States, one 
complete copy or phonorecord as so published;  
(4)  
in the case of a contribution to a co llective work, one complete copy or 
phonorecord of the best edit ion of the collective work.  
Copies or phonorecords deposited for the Library of Congress under section 
407 may be used to satisfy the deposit prov isions of this section, if they are 
accompanied by the prescribed applicat ion and fee, and by any additional 
identifying material that the Register ma y, 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 us ed to satisfy the deposit provisions of 
this section.  
(c) Administrative Cla ssification and Opti onal Deposit. -  
(1)  
The Register of Copyrights is authorized to specify by regulation the 
administrative classes into which work s 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 specif ied. The regulations may require or 
permit, for particular classes, the depo sit 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 administ rative classificati on 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 work s by the same individual author, all 
first published as contributions to peri odicals, including newspapers, within a 
twelve-month period, on the basis of a single de posit, 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.  
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 (3)  
As an alternative to se parate renewal registrations under subsection (a) 
of section 304, a single renewal regi stration may be made for a group of 
works by the same individual author, a ll 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 claimant s, 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 an d registration or by virtue of a 
general copyright notice in the pe riodical 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 se ction 708, and shall 
clearly identify the registra tion 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. 
Sec. 409. - Application for copyright registration  
The application for copyright registration  shall be made on a form prescribed 
by the Register of Copyri ghts 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 author s, and, if one or 
more of the authors is dead, the dates of their deaths;  
 
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 (3)  
if the work is anonymous or pseudo nymous, the nationality or domicile 
of the author or authors;  
(4)  
in the case of a work made for hi re, 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 deriva tive work, an identification of any 
preexisting work or works that it is based on or incorporates, and a brief, 
general statement of the additional ma terial 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 manufactu red in the United States, the names 
of the persons or organizations who performed the processes specified by 
subsection (c) of section 601 with resp ect 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 identificati on 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 re spect to the existence, ownership, or 
duration of the copyright for the original term 
Sec. 410. - Registration of clai m and issuance of certificate  
(a)  
When, after examinat ion, 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 un der 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.  IP/N/1/USA/C/3 
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 (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 certific ate of a registration made before or 
within five years after first publication of the work shall constitute prima facie evidence of the validity of th e 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 th e discretion of the court.  
(d)  
The effective date of a copyright re gistration is the day on which an 
application, deposit, and fee, which ar e later determined by the Register of 
Copyrights or by a court of competent jurisd iction to be acceptable for registration, 
have all been received in  the Copyright Office  
Sec. 411. - Registration and infringement actions  
(a)  
Except for an action brought for a violation of the rights of the author under 
section 106A(a), and subject to the provisio ns 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 accord ance with this title. In 
any case, however, where the deposit,  application, and fee required for 
registration have been delivered to th e 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 co py of the complaint, is served on the 
Register of Copyrights. The Register may, at his or he r option, become a party to 
the action with respect to the issue of registrability of th e copyright claim by 
entering an appearance within sixty days  after such service, but the Register's 
failure to become a party shall not depriv e 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 it s transmission, the co pyright owner may, 
either before or after such fixation takes place, institute an action for infringement 
under section 501, fully subject to the re medies provided by sections 502 through 
506 and sections 509 and 510, if, in acco rdance 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 re quired by subsection (a), within 
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 Sec. 412. - Registration as prereq uisite to certain remedies for 
infringement  
In any action under this title, other th an an action brough t for a violation of 
the rights of the author un der section 106A(a) or an acti on 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 commen ced after first publication of the 
work and before the effective date  of its registra tion, unless such 
registration is made within three months after the first publication of the 
work 
 
CHAPTER 5 - COPYRIGHT INFRINGEMENT AND REMEDIES  
Sec.  
501. Infringement of copyright  
502. Remedies for infrin gement: Injunctions  
503. Remedies for infringement: Impounding an d 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 an d 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 re lating to material online  
513. Determination of reasonable licens e fees for individual proprietors  
Sec. 501. - Infringeme nt of copyright  
(a)  
Anyone who violates any of the exclus ive 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 phonorecor ds into the United States in violation 
of section 602, is an infringer of the copy right or right of the author, as the case 
may be. For purposes of this chapter (oth er than section 506), any reference to 
copyright shall be deemed to include th e 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 instrume ntality of a State 
acting in his or her official capacity. Any State, and any su ch 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.  
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 (b)  
The legal or beneficial owner of an exclusive right under a copyright is 
entitled, subject to the requirements of se ction 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 wr itten 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 cl aiming 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 su ch secondary transmissi on 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 em bodied 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 occu rs 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 wo rk shall, for purposes of subsection 
(b) of this section, be treated as a lega l or beneficial owner if such secondary 
transmission occurs within the lo cal market of that station.  
 
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 (2)  
A television broadcast station may file a civil action against any satellite 
carrier that has refused to carry televi sion 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 
Sec. 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 d eem reasonable to prevent or restrain 
infringement of a copyright.  
(b)  
Any such injunction may be served an ywhere in the United States on the 
person enjoined; it shall be operative th roughout the United States and shall be 
enforceable, by proceedings in contempt or  otherwise, by any United States court 
having jurisdiction of that person. The cl erk of the court gran ting 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 
Sec. 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 ma y 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, matric es, 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 copyri ght owner's exclusive rights, and of all 
plates, molds, matrices, masters, tapes, f ilm negatives, or othe r articles by means 
of which such copies or phonorecords may be reproduced  
Sec. 504. - Remedies for infrin gement: Damages and profits  
(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 provid ed by subsection (c).  IP/N/1/USA/C/3 
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 (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 infr inger's profits, the copyright owner is 
required to present proof only of the infr inger'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 ju dgment 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 consider s 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 th e infringer sustains  the burden of 
proving, and the court finds, that su ch 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 infr inger believed and had reasonable 
grounds for believing that his or her us e 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 reproducin g the work in copies or 
phonorecords; or 
(ii)  
a public broadcasting entity whic h or a person who, as a regular 
part of the nonprofit activities of a public broadcasting entity (as defined in subsection (g) of sect ion 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 th at 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 sect ion, the plaintiff sh all be entitled to, 
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 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. 
Sec. 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 pa rty other than the United States or an 
officer thereof. Except as otherwise prov ided by this title, the court may also 
award a reasonable attorney's fee to the prevailing party as part of the costs  
Sec. 506. - Criminal offenses  
(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 se ction 2319 of title 18, United States 
Code. For purposes of this su bsection, evidence of reproduc tion 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 viol ation 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 Copyri ght Notice. -  
Any person who, with fraudulent intent , places on any article a notice of 
copyright or words of the same purport th at such person knows to be false, or 
who, with fraudulent intent, publicly distri butes or imports for public distribution 
any article bearing such notice or words th at 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 inte nt, removes or alte rs any notice of 
copyright appearing on a copy of a copyri ghted 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.  
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 (f) Rights of Attribution and Integrity. -  
Nothing in this section applies to infringement of the rights conferred by 
section 106A(a). 
Sec. 507. - Limitati ons on actions  
(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.  
Sec. 508. - Notification of filin g 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 ot her pleading, the cler k 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  
 
Sec. 509. - Seizure and forfeiture  
(a)  
All copies or phonorecords manufactur ed, 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, matric es, masters, tapes, film negatives, or 
other articles by means of which such co pies or phonorecords may be reproduced, 
and all electronic, mechanical, or other de vices for manufacturing, reproducing, or 
assembling such copies or phonorecords ma y be seized and forfeited to the United 
States.  
 
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 (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 mitigati on of such forfeiture, 
(iv)  
the compromise of claims, and 
(v)  
the award of compensation to informers in respect of such 
forfeitures, shall apply to seizur es 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 
Sec. 510. - Remedies for altera tion of programming by cable 
systems  
(a)  
In any action filed pursuant to sectio n 111(c)(3), the following remedies shall 
be available:  
(1)  
Where an action is brought by a part y identified in subsections (b) or 
(c) of section 501, the remedies provid ed by sections 502 through 505, and 
the remedy provided by subsecti on (b) of this section; and  
(2)  
When an action is brought by a part y identified in subsection (d) of 
section 501, the remedies provided by sections 502 and 505, together with 
any actual damages suffered by such pa rty as a result of the infringement, 
and the remedy provided by subs ection (b) of this section.  
(b)  
In any action filed pursuant to sectio n 111(c)(3), the court may decree that, 
for a period not to exceed thirty days, the cable system shall be deprived of the IP/N/1/USA/C/3 
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 benefit of a statutory license for one or mo re distant signals ca rried by such cable 
system 
Sec. 511. - Liability of States, instrumentalities of States, and 
State officials for infringement of copyright  
(a) In General. -  
Any State, any instrumentality of a Stat e, and any officer or employee of a 
State or instrumentality of a State acting in his or her o fficial 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 ri ghts of a copyright owner provided by sections 106 
through 121, for importing copies of phon orecords 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 bo th 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 dama ges and profits and statutory damages 
under section 504, costs and attorney's f ees under section 505, and the remedies 
provided in section 510. 
Sec. 512. - Limitations on liability  relating to material online  
(a) Transitory Digital Netw ork 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 th rough 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 proc ess without selection of the material 
by the service provider;  
(3)  
the service provider does not select th e recipients of the material except 
as an automatic response to the request of another person;  
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 (4)  
no copy of the material made by th e service provider in the course of 
such intermediate or transient storag e is maintained on the system or 
network in a manner ordinarily accessibl e to anyone other than anticipated 
recipients, and no such copy is maintained on the system or network in a 
manner ordinarily accessibl e to such anticipated re cipients 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 ne twork controlled or operated by or for 
the service provider in a case in which -  
(A)  
the material is made available on line by a person other than the 
service provider;  
(B)  
the material is transmitted fr om the person described in 
subparagraph (A) through the system  or network to a person other 
than the person described in subpara graph (A) at the direction of that 
other person; and  
(C)  
the storage is carried out throug h an automatic technical process 
for the purpose of making the mate rial available to users of the 
system or network who, after the ma terial 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 para graph (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 pers on making the material available 
online in accordance with a generall y accepted industry standard data 
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 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 para graph (1)(C) directly from that 
person, except that this subparagraph applies only if that technology -  
(i)  
does not significantly interfer e 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 a ccess 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 m eet 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, th e 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 para graph (1)(A) makes that material 
available online without the authorizat ion of the copyright owner of the 
material, the service provider resp onds expeditiousl y 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 orig inating site be disabled; and  
(ii)  
the party giving the notification includes in the notification a 
statement confirming that the ma terial has been removed from  IP/N/1/USA/C/3 
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 the originating site or access to it has been disabled or that a 
court has ordered that the ma terial be removed from the 
originating site or that access to the material on the originating 
site be disabled.  
(c) Information Residing on Systems or Ne tworks 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 kn owledge, 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 a ccess 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 expeditiousl y 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 establis hed 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 pr oviding 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 main tain a current directory of agents 
available to the public for inspection, including through the Internet, in both IP/N/1/USA/C/3 
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 electronic and hard copy formats, and may require payment of a fee by 
service providers to cover the cost s 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 provid er that includes substantially the 
following:  
(i)  
A physical or electronic signatur e 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 th e manner complained of is not 
authorized by the copyright owne r, 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 fact s or circumstances from which 
infringing activity is apparent.  
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 (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 kn owledge, 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 a ccess 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 remo ve, or disable acce ss to, the material 
that is claimed to be infringing or to be the subject of infringing activity, 
except that, for purposes of this pa ragraph, the information described in 
subsection (c)(3)(A)(iii) shall be identification of the reference or link, to 
material or activity claimed to be infr inging, 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 me mber 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 IP/N/1/USA/C/3 
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 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 re commended, 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 two notification s described in subsection (c)(3) of 
claimed infringement by such facu lty 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 re lating 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 re moved or disabled by mistake or 
misidentification,  
shall be liable for any damages, includ ing costs and attorneys' fees, incurred 
by the alleged infringer, by  any copyright owner or co pyright owner's authorized 
licensee, or by a service prov ider, 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 ceasin g to disable access to it.  
(g) Replacement of Removed or Di sabled 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 servic e provider's good faith disabling of 
access to, or removal of, material or ac tivity claimed to be infringing or 
based on facts or circumstances from wh ich infringing activity is apparent, 
regardless of whether the material or acti vity is ultimately determined to be 
infringing.  
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 (2) Exception. -  
Paragraph (1) shall not apply with re spect to material residing at the 
direction of a subscriber of the serv ice provider on a system or network 
controlled or operated by or for the serv ice provider that is removed, or to 
which access is disabled by the serv ice 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 notifica tion 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 replace the removed material or cease 
disabling access to it in  10 business days; and  
(C)  
replaces the removed material an d ceases disabling access to it 
not less than 10, nor more than 14, business days following receipt of 
the counter notice, unless its design ated 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 prov ider'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 si gnature 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 perj ury 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 subscr iber consents to the jurisdiction of Federal 
District Court for the judi cial district in which th e address is located, or 
if the subscriber's address is outs ide of the United States, for any 
judicial district in wh ich the service provider may be found, and that 
the subscriber will accept service of process from the person who 
provided notification un der subsection (c)(1)(C) or an agent of such 
person.  IP/N/1/USA/C/3 
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 (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 pr ovided under subsection (c)(1)(C).  
(h) Subpoena To Identify Infringer. -  
(1) Request. -  
A copyright owner or a person author ized to act on the owner's behalf 
may request the clerk of an y 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 describ ed 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 copy right owner information sufficient to 
identify the alleged infringer of the mate rial described in the notification to 
the extent such information is av ailable 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 sha ll expeditiously issue and sign the 
proposed subpoena and return it to th e requester for delivery to the service 
provider.  
(5) Actions of service provider  receiving subpoena. -  
Upon receipt of the issued subpo ena, either accompanying or 
subsequent to the receipt of a notification described in subsection (c)(3)(A), 
the service provider shall expeditiousl y disclose to the copyright owner or 
person authorized by the copyright ow ner the information required by the 
subpoena, notwithstanding any other provision of law and regardless of 
whether the service provider re sponds 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 an d delivery of the subpoena, and the 
remedies for noncompliance with the subpoena, shall be governed to the 
greatest extent practicable by those pr ovisions of the Federal Rules of Civil  IP/N/1/USA/C/3 
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 Procedure governing the issuance, serv ice, 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 interf ere 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 se rvice 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.  
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 (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 infringe ment of copyri ghted 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 th e 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 specif ied in the order to block access, 
to a specific, identified, online loca tion 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 injunc tion, either alone or in combination with 
other such injunctions issued agains t 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 enviro nment if steps are not taken to 
prevent or restrain the infringement;  
(C)  
whether implementation of su ch an injunction would be 
technically feasible and effective, and would not interfere with access 
to noninfringing material at other online locations; and  
 
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 (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 opportuni ty for the service provider to appear 
are provided, except for orders ensuri ng the preservation of evidence or 
other orders having no material adve rse 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, ro uting, or providing of connections 
for digital online communications, be tween 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 ot her 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 IP/N/1/USA/C/3 
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 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. 
Sec. 513. - Determination of reason able license fees for individual 
proprietors  
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 propri etor who owns or operates fewer than 7 non-publicly 
traded establishments in which nondrama tic musical works are performed publicly 
and who claims that any license agreemen t 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 ma y commence such proceeding for 
determination of a reasonable license rate or fee by filing an application in the applicable district court under pa ragraph (2) that a rate disagreement 
exists and by serving a copy of the application on the performing rights 
society. Such proceeding shall commenc e 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 admini strative requirements of the court.  
(2)  
The proceeding under paragraph (1) sh all be held, at the individual 
proprietor's election, in the judicial district of the district court with 
jurisdiction over the applicable consen t 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 Ci rcuit) in which the proprietor's 
establishment is located.  
(3)  
Such proceeding shall be held befo re the judge of the court with 
jurisdiction over the consent decree gove rning the performing rights society. 
At the discretion of the court, the proc eeding 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 proc eeding, the individual proprietor 
shall have the right to perform publicly the copyrighted musical compositions in the repertoire of the pe rforming 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  IP/N/1/USA/C/3 
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 an industry rate, the amount of the most  recent license rate or fee agreed to 
by the parties.  
(6)  
Any decision rendered in such pr oceeding by a special master or 
magistrate judge named under paragrap h (3) shall be reviewed by the judge 
of the court with jurisdiction ov er 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 no t bring more than one proceeding 
provided for in this section for the determination of a reasonable license rate 
or fee under any license agreement wi th 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 signific ant segment of the music user industry 
to which the individual proprietor belongs  
 
CHAPTER 6 - MANUFACTURING REQUIREMENTS AND IMPORTATION  
Sec.  
601. Manufacture, importation, and pub lic distribution of  certain copies  
602. Infringing importation of copies or phonorecords  
603. Importation prohibitions: Enforcement and disposition of ex cluded articles  
Sec. 601. - Manufacture, importatio n, and public di stribution of 
certain copies  
(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 li terary 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.  
 
 
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 (b)  
The provisions of subsecti on (a) do not apply -  
(1)  
where, on the date when importation is  sought or public distribution in 
the United States is ma de, the author of any substantial part of such 
material is neither a national nor a do miciliary of the Unit ed States or, if 
such author is a national of the United  States, he or she has been domiciled 
outside the United States for a conti nuous period of at least one year 
immediately preceding that date; in th e 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 pres ented 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 i ssued upon request to the copyright 
owner or to a person designated by su ch owner at the time of registration 
for the work under section 408 or at any time thereafter;  
(3)  
where importation is sought under th e authority or for the use, other 
than in schools, of the Go vernment of the United St ates 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 su ch person's personal baggage; or  
(C)  
by an organization operated for sc holarly, educational, or religious 
purposes and not for private gain, wi th respect to copies intended to 
form a part of its library;  
(5)  
where the copies are reproduced in ra ised characters for the use of the 
blind; or  
(6)  
where, in addition to copies import ed 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 Un ited States; or  
 
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 (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 tr ansfer 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 tr ansfer or license granted by such 
author to a transferee or licen see 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 manufactu red 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 domest ic corporation or enterprise.  
(c)  
The requirement of this se ction that copies be ma nufactured in the United 
States or Canada is satisfied if -  
(1)  
in the case where the copies are pr inted directly from type that has 
been set, or directly from plates ma de 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 in termediate step preceding the printing 
of the copies, the making of the plat es 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 wo rk, 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 ex clusive rights to reproduce and distribute copies are IP/N/1/USA/C/3 
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 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 manu factured 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 Un ited 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 pers ons or organizations who performed the 
processes specified by subsection (c) with respect to that material, and the places 
where those processes were performed 
Sec. 602. - Infringing importatio n 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 phonor ecords under section 106, ac tionable 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 th e United States or of any State or political 
subdivision of a State, but not includin g copies or phonorecords for use in 
schools, or copies of any audiovisual wo rk imported for purposes other than 
archival use;  
(2)  
importation, for the private use of th e 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 pe rson arriving from outside the United 
States with respect to copies or phonor ecords forming part of such person's 
personal baggage; or  
(3)  
importation by or for an organi zation 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  IP/N/1/USA/C/3 
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 copies or phonorecords is part of an  activity consisting of systematic 
reproduction or dist ribution, 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 
Sec. 603. - Importation prohibitions: Enforcement and disposition 
of excluded articles  
(a)  
The Secretary of the Trea sury and the United Stat es 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 co ndition for the exclusion of articles 
under section 602 -  
(1)  
that the person seekin g 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 pr ocedures, that the copyright in which 
such person claims an interest is valid and that the importation would violate 
the prohibition in section 602; the pe rson 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 th e same manner as property imported in 
violation of the customs revenue laws. Fo rfeited articles shall be destroyed as 
directed by the Secretary of the Treasu ry or the court, as the case may be 
   
 
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 CHAPTER 7 - COPYRIGHT OFFICE  
Sec.  
701. The Copyright Office: General re sponsibilities and organization  
702. Copyright Office regulations  703. Effective date of acti ons in Copyright Office  
704. Retention and disposition of articl es deposited in Co pyright Office  
705. Copyright Office records: Preparatio n, maintenance, public inspection, and
 
searching  
706. Copies of Copyri ght Office records  
707. Copyright Office forms and publications  
708. Copyright Office fees  
709. Delay in delivery caused by disrup tion of postal or other services  
Sec. 701. - The Copyright Office : General responsibilities and 
organization  
(a)  
All administrative functions and duties under this title, except as otherwise 
specified, are the responsibility of the Re gister of Copyrights as director of the 
Copyright Office of the Library of Congre ss. The Register of Copyrights, together 
with the subordinate officers and employ ees of the Copyright Office, shall be 
appointed by the Librarian of Congress, an d 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 pe rform the following functions:  
 
(1)  
Advise Congress on national and international issues relating to 
copyright, other matters arising unde r this title, and related matters.  
(2)  
Provide information and assistan ce to Federal departments and 
agencies and the Judiciary on national and international issues relating to 
copyright, other matters arising unde r this title, and related matters.  
(3)  
Participate in meetings of international intergovernmental organizations 
and meetings with foreign government o fficials relating to  copyright, other 
matters arising under this title, and related matters, including as a member 
of United States delegations as auth orized by the appropriate Executive 
branch authority.  
(4)  
Conduct studies and programs rega rding copyright, other matters 
arising under this title, and related matters, the administration of the 
Copyright Office, or any function vest ed in the Copyright Office by law, 
including educational programs conducted cooperatively with foreign 
intellectual property offices and international intergovernmental 
organizations.   IP/N/1/USA/C/3 
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 (5)  
Perform such other func tions 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 docu ments 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 Proced ure 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 comp ensated at the rate of pay in effect 
for level III of the Executive Schedule und er section 5314 of title 5. The Librarian 
of Congress shall establish not more than four positions for A ssociate Registers of 
Copyrights, in accordance wi th the recommendations of th e Register of Copyrights. 
The Librarian shall make appointments to su ch positions after consultation with the 
Register of Copyrights. Each  Associate Register of Copy rights shall be paid at a 
rate not to exceed the maximum annual ra te of basic pay payable for GS-18 of the 
General Schedule under se ction 5332 of title 5  
Sec. 702. - Copyright Office regulations  
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 th e approval of the Librarian of Congress  
Sec. 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  
Sec. 704. - Retention and disposit ion of articles deposited in 
Copyright Office  
(a)  
Upon their deposit in the Copyright O ffice under sections 407 and 408, all 
copies, phonorecords, and identifying ma terial, including those deposited in IP/N/1/USA/C/3 
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 connection with claims that have been refu sed 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 Libr ary 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 th at the Register of Copyrights shall 
prescribe, to select any deposits for its co llections or for transfer to the National 
Archives of the United States or to a Fe deral 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 th e material deposited 
under section 408, and to make such reprod uction a part of th e Copyright Office 
records of the registration, before transf erring 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, sha ll 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 Regi ster of Copyrights 
and the Librarian of Congress. After that period it is within the joint discretion of 
the Register and the Librarian to order thei r 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 copyri ght 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, un der 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 
Sec. 705. - Copyright Office records: Preparation, maintenance, 
public inspection, and searching  
(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 registra tions and retained under th e control of the Copyright 
Office, shall be open to public inspection.  
 
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 (c)  
Upon request and payment of the fee sp ecified by section 708, the Copyright 
Office shall make a search of its public records, indexes, and deposits, and shall 
furnish a report of the info rmation they disclose with respect to any particular 
deposits, registrations, or recorded documents 
Sec. 706. - Copies of Copyright Office records  
(a)  
Copies may be made of any public reco rds or indexes of the Copyright Office; 
additional certificates of co pyright 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 Copyri ght Office regulations 
Sec. 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. Thes e catalogs shall be divided into parts in 
accordance with the various classes of wo rks, 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 inform ational material in connection with the 
functions of the Copyright Office. The Regi ster 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 Co pyright 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 fo r sale to the public at prices based on 
the cost of reproducti on and distribution. 
Sec. 708. - Copyright Office fees  
(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 re gistration, including the issuance of 
a certificate of registration if registration is made;  
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 (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 fo r 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 anonym ous or pseudonymous work, or for the 
recordation, under section 302(d), of a st atement 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 se arch as provided by section 705, 
and for any related services.  
The Register is authorized to fix fees for other services, including the cost of 
preparing copies of Copyri ght Office records, whethe r or not such copies are 
certified, based on the cost of providing the service.  
(b) Adjustment of Fees. -  
The Register of Copyrights may, by regu lation, adjust the f ees for the services 
specified in paragraphs (1) through (9) of subsection (a) in the following manner:  
(1)  
The Register shall conduct a stud y of the costs incurred by the 
Copyright Office for the re gistration of claims, the recordation of documents, 
and the provision of services. The study shall also consider the timing of any 
adjustment in fees and th e authority to use such f ees 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.  
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 (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 subsecti on shall be fair and equitable and 
give due consideration to the objec tives of the copyright system.  
(5)  
If the Register determines under pa ragraph (2) that fees should be 
adjusted, the Register shall prepare a proposed fee schedule and submit the 
schedule with the accompanying econom ic 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 agen cies, employees, or officers, but the 
Register of Copyrights has di scretion to waive the requirem ent of this subsection in 
occasional or isolated cases invo lving 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 ar e collected shall remain 
available until expended. The Register ma y, 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 agains t 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 no t required to meet current deposit 
account demands. Funds from such port ion of fees shall be invested in 
securities that permit funds to be av ailable 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 an d shall be credited to the appropriations for necessary 
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 Sec. 709. - Delay in delivery caus ed 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 Co pyright Office by a 
particular date, would have been received  in the Copyright Office in due time 
except for a general disruption or suspensi on of postal or othe r transportation or 
communications services, the actual receip t 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 servic es has terminated, shall be considered 
timely  
 
CHAPTER 8 - COPYRIGHT ARBITRATION ROYALTY PANELS  
Sec.  
801. Copyright arbitration royalty panels: Establishment and purpose  
802. Membership and proceedings of co pyright arbitration royalty panels  
803. Institution and conclu sion of proceedings  
Sec. 801. - Copyright arbitration royalty panels: Establishment 
and purpose  
(a) Establishment. -  
The Librarian of Congress, upon the recommendation of the Register of 
Copyrights, is authorized to appoint an d convene copyright arbitration royalty 
panels.  
(b) Purposes. -  
Subject to the provisions of this ch apter, 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 reas onable 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 calc ulated to achieve the following 
objectives:  
(A)  
To maximize the availability of creative works to the public;  
(B)  
To afford the copyright owner a fa ir return for his creative work 
and the copyright user a fair in come under existing economic 
conditions;  
(C)  
To reflect the relative roles of the copyright owner and the 
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 to relative creative contribution, technological contribution, capital 
investment, cost, risk, and contributi on to the opening of new markets 
for creative expression and me dia for their communication;  
(D)  
To minimize any disr uptive impact on th e 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 ch arged cable subscribers for the 
basic service of providing second ary 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 charge d cable system subscribers for 
the basic service of providin g secondary transmissions are 
changed so that the average ra tes exceed national monetary 
inflation, no change in the rates established by section 
111(d)(1)(B) shall be permitted: An d 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 ar bitration royalty panels may 
consider all factors relating to the maintenance of such level of 
payments including, as an extenuating factor, whether the cable 
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 th e 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 additi onal television 
broadcast signals beyond the local service area of the primary 
transmitters of such si gnals, 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 chan ges effected by the amendment to 
such rules and regulations. In dete rmining the reasonableness of rates 
proposed following an amendm ent 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 subc lause with respect to any distant 
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 (i)  
carriage of any signal permitted under the rules and regulations 
of the Federal Communications Commi ssion 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 fi rst carried after April 15, 1976, 
pursuant to an individual waiver  of the rules and regulations of 
the Federal Communications Comm ission, as such rules and 
regulations were in effect on April 15, 1976.  
(C)  
In the event of any ch ange 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 adjust ed 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 es tablished by section 111(d)(1)(C) 
and (D) shall be adjusted to reflect national monetary inflation or 
deflation or changes in the aver age 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 f ees deposited with the Re gister of Copyrights 
under sections 111, 116, 119(b), and 1003, and to determine, in cases 
where controversy exists, the di stribution of such fees.  
(c) Rulings. -  
The Librarian of Congress, upon the recommendation of the Register of 
Copyrights, may, before a copyright arbi tration royalty panel is convened, make 
any necessary procedural or evidenti ary 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 Li brarian 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 
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 necessary administrative serv ices 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 sign ed 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). 
Sec. 802. - Membership and procee dings of copyright arbitration 
royalty panels  
(a) Composition of Copyright Arbitration Royalty Panels. -  
A copyright arbitration royalty panel shall consist of 3 arbitrators selected by 
the Librarian of Congress purs uant 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 Co pyrights, 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 recomme ndation 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 su ch 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 regu lations regarding standards of conduct 
which shall govern arbitrators and th e proceedings under this chapter.  
(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 pu rposes 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 Trib unal, prior copyright arbitration panel 
determinations, and rulings by the Librar ian of Congress under section 801(c). Any 
copyright owner who claims to be entitled to royalt ies under section 111, 112, 
114, 116, or 119, any transmi tting 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 compul sory license under section 115, or any 
interested copyright party wh o 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 IP/N/1/USA/C/3 
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 distribution proceedings, the pa rties shall bear the cost in direct proportion to their 
share of the distribution.  
(d) Procedures. -  
Effective on the date of the enactmen t of the Copyright Royalty Tribunal 
Reform Act of 1993, the Librarian of Congre ss 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 supers eding 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 royalt y fees, as the case 
may be. Such report shall be accompanie d by the written record, and shall set 
forth the facts that the arbitration panel found relevant to its determination.  
(f) Action by Libraria n of Congress. -  
Within 90 days after receiving the repo rt of a copyright arbitration royalty 
panel under subsection (e),  the Librarian of Congress, upon the recommendation 
of the Register of Copyri ghts, shall adopt or reject the determination of the 
arbitration panel. The Librarian shall ad opt the determination of the arbitration 
panel unless the Librarian finds that the de termination 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 exam ination of the record created in the arbitration 
proceeding, issue an order setting the roya lty 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 senten ce). The Librarian shall also publicize 
such determination and deci sion 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 fo r public inspection and copying.  
(g) Judicial Review. -  
Any decision of the Librarian of Congre ss 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 Regist er. 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 th e 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  IP/N/1/USA/C/3 
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 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 sh all 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 f ees, and to order the payment of any 
underpaid fees, and the interest  pertaining respectively th ereto, in accordance with 
its final judgment. The court may further vacate the decision of the arbitration 
panel and remand the case to the Libr arian 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 Regi ster of Copyrights may, to the 
extent not otherwise provided under th is title, deduct from royalty fees 
deposited or collected under this titl e the reasonable costs incurred by the 
Library of Congress and the Copyright Office under this chapter. Such 
deduction may be made before the f ees are distributed to any copyright 
claimants. In additi on, all funds made available by an appropriations Act as 
offsetting collections and available for deductions under this  subsection shall 
remain available until expended. In ra temaking proceedings, the reasonable 
costs of the Librarian of Congress and th e Copyright Office shall be borne by 
the parties to the proceedings as dire cted by the arbitration panels under 
subsection (c).  
(2) Positions required for administration of comp ulsory licensing. -  
Section 307 of the Legislative Branch  Appropriations Act, 1994, shall 
not apply to employee positions in the Li brary of Congress that are required 
to be filled in order to carry out se ction 111, 112, 114, 115, 116, 118, or 
119 or chapter 10. 
Sec. 803. - Institution and co nclusion of proceedings  
(a)  
(1)  
With respect to proceedings unde r section 801(b)(1) concerning the 
adjustment of royalty rates as provid ed 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 sp ecified 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 establis hed 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 th is determination, with the reasons IP/N/1/USA/C/3 
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 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 pr ovided in section 116, a petition 
described in paragraph (1) may be file d at any time within 1 year after 
negotiated licenses authorized by se ction 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 an other 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 du ring 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 roya lty panel. The arbitration panel 
shall promptly establish an interim ro yalty rate or rates for the public 
performance by means of a coin-ope rated phonorecord player of non-
dramatic musical works embodied in phonorecords which had been 
subject to the terminated or expi red 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 unde r section 801(b)(1) concerning the 
determination of reasonable terms and rates of royalty payments as 
provided in section 112 or 114, the Libr arian 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 th ose subsections, any owner 
or user of a copyrighted work whose roya lty rates are specified by section 111, or 
by a rate established by the Copyrigh t 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  IP/N/1/USA/C/3 
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 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 wi th 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 rate s 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 sect ion 801(b)(3) or (4), concerning the 
distribution of royalty fees in certai n circumstances under section 111, 116, 119, 
or 1007, the Librarian of Congress shall, upon a determination that a controversy 
exists concerning such dist ribution, cause to be publis hed in the Federal Register 
notice of commencement of proceedings under this chapter 
CHAPTER 9 - PROTECTION OF SEMICONDUCTOR CHIP PRODUCTS  
Sec.  901. Definitions  
902. Subject matter of protection  
903. Ownership, transfer, lic ensing, and recordation  
904. Duration of protection  
905. Exclusive rights in mask works  906. Limitation on exclus ive rights: reverse engineering; first sale  
907. Limitation on exclusive ri ghts: innocent infringement  
908. Registration of cl aims of protection  
909. Mask work notice  
910. Enforcement of exclusive rights  
911. Civil actions  
912. Relation to other laws  
913. Transitional provisions  
914. International transi tional provisions  
Sec. 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 pi ece of semiconductor material in 
accordance with a predetermined pattern; and  
(B)  
intended to perform electronic circuitry functions;  IP/N/1/USA/C/3 
IP/N/1/USA/I/1 Page 164 
 
 
 (2)  
a ''mask work'' is a series of related images, however fixed or encoded -  
(A)  
having or representing the pr edetermined, 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 th e images to one another is that 
each image has the pattern of th e 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 reproduc ed 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 includ es 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 th e 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 transferre d 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 th e rights under this chapter of the 
employer are transferred in a ccordance with section 903(b);  
(7)  
an ''innocent purchaser' ' is a person who purchases a semiconductor 
chip product in good faith and withou t 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 dist ributed in violatio n of the exclusive 
rights of the owner of a mask  work under this chapter.   IP/N/1/USA/C/3 
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 (b)  
For purposes of this chapter, the dist ribution or importation of a product 
incorporating a semiconductor chip product as a part thereof is a distribution or 
importation of that semiconductor chip product 
Sec. 902. - Subject matter of protection  
(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 wo rk is registered under section 
908, or is first commercially expl oited anywhere in the world, 
whichever occurs first, the owner of the mask work is 
(i)  
a national or domiciliar y of the United States, 
(ii)  
a national, domiciliary, or sovere ign 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 commerc ially 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 fi nds 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 
 IP/N/1/USA/C/3 
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 (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 expl oited anywhere in the world, 
whichever occurs first, national s, 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 
Sec. 903. - Ownership, transfer , licensing, and recordation  
(a)  
The exclusive rights in a mask work su bject 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 app licable laws of intestate succession.  
(c)  
(1)  
Any document pertaining to a mask  work may be recorded in the 
Copyright Office if the document fi led 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), reco rd the document and return it with 
a certificate of recordation. The recordation of any transfer or license under 
this paragraph gives all persons constructi ve notice of the facts stated in the 
recorded document concerning the transfer or license.   IP/N/1/USA/C/3 
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 (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 fi rst 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 offi cial duties are not protected under this 
chapter, but the United States Government is not precluded from receiving and 
holding exclusive rights in mask work s transferred to the Government under 
subsection (b) 
Sec. 904. - Duration of protection  
(a)  
The protection provided for a mask wo rk 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 provis ions of this chapte r, the protection 
provided under this chapter to a mask wo rk shall end ten years after the date on 
which such protection commenc es 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 
Sec. 905. - Exclusive rights in mask works  
The owner of a mask work provided pr otection under this chapter has the 
exclusive rights to do and to authorize any of the following:  
(1)  
to reproduce the mask work by optica l, electronic, or any other means;  
 
(2)  
to import or distribute a semiconduc tor 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)  
 
 IP/N/1/USA/C/3 
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 Sec. 906. - Limitation on exclus ive rights: reverse engineering; 
first sale  
(a)  
Notwithstanding the provisions  of section 905, it is no t an infringement of the 
exclusive rights of the owne r 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, logi c flow, or organization of  components used in the 
mask work; or  
(2)  
a person who performs the analys is 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 sect ion 905(2), the owner of a particular 
semiconductor chip product made by th e 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 
Sec. 907. - Limitation on exclusiv e 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 se miconductor 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 prot ection with respect to the mask work 
embodied in the semicond uctor 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, mediat ion, or binding arbitration.  
(c)  
The immunity of an innocent purchaser fr om 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 semico nductor chip product from an innocent 
purchaser.   IP/N/1/USA/C/3 
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 (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 prot ection with respect to the mask work 
embodied in the semiconductor chip product  
Sec. 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 resp onsible for all admini strative functions 
and duties under this chapter. Except fo r section 708, the provisions of chapter 7 
of this title relating to the general re sponsibilities, organi zation, regulatory 
authority, actions, records, and publications of the Copy right 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 id entification 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 prot ection in mask works under this chapter, 
and for other services relating to the admi nistration of this chapter or the rights 
under this chapter, taking into considerat ion the cost of providing those services, 
the benefits of a public record, and stat utory fee schedules under this title. The 
Register shall also specify the identifyin g material to be de posited in connection 
with the claim fo r registration.  
(e)  
If the Register of Copyrights, after ex amining an application for registration, 
determines, in accordance with the provisio ns 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 pr otection and issue to the applicant a 
certificate of registration of  the claim of protection unde r 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.  
 IP/N/1/USA/C/3 
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 (f)  
In any action for infringement under this chapter, the certificate of 
registration of a mask work sha ll constitute prima facie evidence 
(1)  
of the facts stated in  the certificate, and 
(2)  
that the applicant issued the certif icate 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 i ssue a certificate of re gistration under this 
section may seek judicial re view of that refusal by bringing an action for such 
review in an appropriate Unit ed 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 applicat ion for registration is file d shall be deemed to be a 
refusal to issue a certificat e of registration for purpos es of this subsection and 
section 910(b)(2), except that, upon a show ing of good cause, the district court 
may shorten such four-month period 
Sec. 909. - Mask work notice  
(a)  
The owner of a mask work provided pr otection under this chapter may affix 
notice to the mask work, and to ma sks and semiconductor chip products 
embodying the mask work, in such manner and location as to give reasonable 
notice of such protection. Th e Register of Copyrights sh all 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 condit ion of protection under this chapter, but 
shall constitute prima facie eviden ce 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 recogn ized or is generally known  
Sec. 910. - Enforcement of exclusive rights  
(a)  
Except as otherwise provided in this ch apter, 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'' includ es any State, any instrumentality of a 
State, and any officer or employee of a St ate or instrumentalit y of a State acting  IP/N/1/USA/C/3 
 IP/N/1/USA/I/1 
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 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 protec ted under this chapter, or the 
exclusive licensee of all rights under this chapter with respect to the mask work, shall, after a certific ate of registration of a cl aim of protection in that 
mask work has been issued under sectio n 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 requ ired 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 th e 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 Trea sury and the United Stat es Postal Service shall 
separately or jointly issue regulations for the enforcement of the rights set 
forth in section 905 with respect to importation. Thes e regulations may 
require, as a condition for the exclusio n of articles from the United States, 
that the person s eeking 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 sectio n 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 th e rights set forth in section 905 are 
subject to seizure and forfeiture in th e same manner as property imported in IP/N/1/USA/C/3 
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 violation of the customs laws. Any such forfeited articles shall be destroyed 
as directed by the Secretary of the Tr easury 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 th e satisfaction of the Secret ary of the Treasury that 
the importer had no reasonable grounds for believing that his or her acts 
constituted a violation of the law 
Sec. 911. - Civil actions  
(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 co urt 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 pr esent 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 rend ered, 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 year s 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 un der 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  IP/N/1/USA/C/3 
 IP/N/1/USA/I/1 
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 products, and any masks, tapes, or ot her 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, includ ing 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 instrumentalit y 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 unde r 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 exclus ive rights of the 
owner of a mask work under this chap ter, or for any ot her violation under 
this chapter.  
(2)  
In a suit described in paragraph (1) for a violation described in that 
paragraph, remedies (including remedi es 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 includ e 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) 
Sec. 912. - Relation to other laws  
(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 th is 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 re medies 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 unde r 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 an y mask work first co mmercially exploited 
before July 1, 1983 IP/N/1/USA/C/3 
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 Sec. 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 ma y 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 commercia lly exploited or ar e registered under this chapter, or 
both, on or after the date of th e enactment of this chapter.  
(d)  
(1)  
Subject to subsection (a), protection is available under this chapter to 
any mask work that was first commerci ally exploited on or after July 1, 
1983, and before the date of the enactm ent of this chapter, if a claim of 
protection in the mask work is register ed in the Copyright Office before July 
1, 1985, under section 908.  
(2)  
In the case of any mask work de scribed 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 wo rk 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 impo rts 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 
Sec. 914. - International transitional provisions  
(a)  
Notwithstanding the conditions set forth in subparagraphs (A) and (C) of 
section 902(a)(1) with respect to the availa bility of protection under this chapter 
to nationals, domiciliarie s, and sovereign authorities of a foreign nation, the 
Secretary of Commerce may, upon the pe tition of any person, or upon the 
Secretary's own motion, issue an order extending protection under this chapter to  IP/N/1/USA/C/3 
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 such foreign nationals, do miciliaries, 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, an d sovereign authorities of the foreign 
nation, and persons controlled by  them, are not engaged in the 
misappropriation, or unauthorized distri bution 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 author ity of that foreign nation, or solely 
because the mask work was first commercia lly 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 author ity 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 th at any of the conditions set 
forth in paragraphs (1), (2), and (3) of subsection (a) no longer exist; or  
(B)  
mask works of nationals, domicili aries, 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).  
 IP/N/1/USA/C/3 
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 (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 pr omptly notify the Register of 
Copyrights and the Committees on th e Judiciary of the Senate and the 
House of Representatives of the issuan ce or termination of any order under 
this section, together with a statemen t of the reasons for such action. The 
Secretary shall also publish such notifi cation and statement of reasons in the 
Federal Register.  
(2)  
Two years after the date of the enactm ent of this chapter, the Secretary 
of Commerce, in consultation with the Register of Copyrights, shall transmit 
to the Committees on the Judiciar y 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 recommend ations 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 Sena te and the House of Representatives 
a report updating the matte rs contained in the report transmitted under the 
preceding sentence 
  
 
      
 
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 CHAPTER 10 - DIGITAL AUDIO RE CORDING DEVICES AND MEDIA  
SUBCHAPTER A DEFINITIONS  
SUBCHAPTER B COPYING CONTROLS  
SUBCHAPTER C ROYALTY PAYMENTS  
SUBCHAPTER D PROHIBITION ON CERTAIN INFRINGEMENT ACTIONS, REMEDIES, AND  
ARBITRATION  
SUBCHAPTER A - DEFINITIONS  
Sec. 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 reco rding device through a nonprofessional 
interface.  
(3)  
A ''digital audio recording device'' is any machine or device of a type 
commonly distributed to in dividuals for use by indi viduals, 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 di gital audio copied recording for private 
use, except for -  
(A)  
professional model products, and  
(B)  
dictation machines, answerin g machines, and other audio 
recording equipment that is design ed and marketed primarily for the 
creation of sound recordings resultin g from the fixation of nonmusical 
sounds.  
(4)  
(A)  
A ''digital audio recording medium'' is any material object in a 
form commonly distribute d for use by individual s, that is primarily 
marketed or most commonly used by consumers for the purpose of 
making digital audio copied record ings by use of a digital audio 
recording device.  
(B)  
Such term does not include any material object -  
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 (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 work s 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 inst ructions incidental to those 
fixed sounds, if any, and  
(ii)  
from which the sounds and ma terial can be perceived, 
reproduced, or otherwise communica ted, 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 consis t 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 th e fixed sounds and incidental 
material, and statements or instructions to be used directly or 
indirectly in order to bring abou t the perception, reproduction, or 
communication of the fixed soun ds 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.  
 
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 (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 un der section 106(1) of this title 
to reproduce a sound recording of a musical work that has been 
embodied in a digital musical reco rding 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 mu sical recording or analog musical 
recording a musical work that has b een 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 ot her 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 th at is authorized to license the 
reproduction of a particular musi cal work in a sound recording.  
(10)  
A ''professional model product'' is an  audio recording device that is 
designed, manufactured, marketed, an d intended for use by recording 
professionals in the ordinary course of a lawful business, in  accordance with 
such requirements as the Secretar y 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 record ing from a digital reproduction of a 
digital musical recording. The term ''digital reproduction of a digital musical IP/N/1/USA/C/3 
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 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 audi o recording device or a digital audio 
recording medium -  
(A)  
is, subject to subparagraph (B) -  
(i)  
in the case of an imported prod uct, the actual entered value at 
United States Customs (exclusive of any freight, insurance, and 
applicable duty), and  
(ii)  
in the case of a domestic produc t, 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 tr ansferor 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 Re venue Code of 1986, or any successor 
provision to such section.  
(13)  
A ''writer'' is the composer or lyri cist of a particular musical work 
 
SUBCHAPTER B - COPYING CONTROLS  
Sec. 1002. - Incorporation of copying controls  
(a) Prohibition on Importation, Manufacture, and Distribution. -  
No person shall import, manufacture, or distribute any digi tal audio recording 
device or digital audio interface de vice that does not conform to -  
(1)  
the Serial Copy Ma nagement 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, rece ived, and acted upon between devices 
using the system's method of serial co pying regulation and devices using the 
Serial Copy Management System; or  
(3)  
any other system certified by the Se cretary of Commerce as prohibiting 
unauthorized serial copying.  
(b) Development of Verifica tion Procedure. -   IP/N/1/USA/C/3 
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 The Secretary of Commerce shall estab lish 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 prim ary purpose or effect of which is to avoid, bypass, 
remove, deactivate, or otherwise circ umvent any program or circuit which 
implements, in whole or in part, a sy stem described in subsection (a).  
(d) Encoding of Information on Di gital Musical Recordings. -  
(1) Prohibition on encoding inaccurate information. -  
No person shall encode a digital mu sical recording of a sound recording 
with inaccurate information relating to  the category code, copyright status, 
or generation status of the sour ce material for the recording.  
(2) Encoding of copyright status not required. -  
Nothing in this chapter requires an y person engaged in the importation 
or manufacture of digital musical reco rdings to encode any such digital 
musical recording with respec t to its copyright status.  
(e) Information Accompanying Transm issions 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 do es transmit or otherwise communicate 
such copyright status information shall tr ansmit or communicate  such information 
accurately.  
 
SUBCHAPTER C - ROYALTY PAYMENTS  
Sec. 1003. - Obligation to make royalty payments  
(a) Prohibition on Importation and Manufacture. -  
No person shall import into and distri bute, or manufacture and distribute, any 
digital audio recording device or digi tal audio recording medium unless such 
person records the notice specified by th is section and subsequently deposits the 
statements of account and applicable roya lty payments for such  device or medium 
specified in section 1004.  
(b) Filing of Notice. -  
The importer or manufacturer of any digi tal audio recording device or digital 
audio recording medium, within a product category or utilizing a technology with 
respect to which such manufacturer or impo rter 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 co ntent as the Register shall 
prescribe by regulation.  
 
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 (c) Filing of Quarterly and Annual Statements of Account. -  
(1) Generally. -  
Any importer or manufacturer that  distributes an y digital audio 
recording device or digital audio reco rding 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 certif ied as accurate by an authorized 
officer or principal of the importer or  manufacturer. The Register shall issue 
regulations to provide for the verificati on and audit of su ch statements and 
to protect the confidentiality of the information contained in such 
statements. Such regulation s shall provide for the di sclosure, 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. 
Sec. 1004. - Royalty payments  
(a) Digital Audio Recording Devices. -  
(1) Amount of payment. -  
The royalty payment due under se ction 1003 for each digital audio 
recording device imported into and di stributed in the Un ited States, or 
manufactured and distributed in the United States, sh all 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 device s distributed with other devices. -  
With respect to a digital audio reco rding device firs t distributed in 
combination with one or mo re 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 de vice 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 devi ce is not part of a physically 
integrated unit and substantially simi lar devices have been distributed 
separately at any time during the preceding 4 calendar quarters, the 
royalty payment shall be based on th e average transfer price of such 
devices during those 4 quarters.  
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(C)  
If the digital audio recording devi ce 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 recordin g device shall not be less than $1 nor 
more than the royalty maximum. Th e 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 afte r the effective date of this chapter, 
and not more than once each year ther eafter, 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 roya lty maximum shall in no event exceed 
the percentage increase in the Cons umer 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 di stributed in the United St ates, or manufactured and 
distributed in the United Stat es, shall be 3 percent of th e transfer price. Only the 
first person to manufacture and distribute or import an d distribute such medium 
shall be required to pay the royalty with respect to such medium. 
Sec. 1005. - Deposit of royalt y payments and deduction of 
expenses  
The Register of Copyrights shall receiv e all royalty payments deposited under 
this chapter and, after de ducting the reasonable cost s 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 distri bution with interest under 
section 1007. The Register may, in the Re gister'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 fund s remaining in such account and any 
subsequent deposits that would otherwise be  attributable to that calendar year as 
attributable to the succeeding calendar year 
 
 
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 Sec. 1006. - Entitlement to royalty payments  
(a) Interested Copyright Parties. -  
The royalty payments deposited pursuant  to section 1005 shall, in accordance 
with the procedures specified in sectio n 1007, be distributed to any interested 
copyright party -  
(1)  
whose musical work or sound recording has been -  
(A)  
embodied in a digital musical re cording or an analog musical 
recording lawfully made under this ti tle that has been distributed, and  
(B)  
distributed in the form of digita l musical recordings or analog 
musical recordings or disseminated to the public in transmissions, 
during the period to which su ch 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 appo inted by the interested copyright 
parties described in section 1001(7)(A ) and the American Federation of 
Musicians (or any succe ssor entity) to be distributed to nonfeatured 
musicians (whether or not members of the American Federa tion 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 admini strator jointly appointed by the 
interested copyright parties descr ibed in section 1001(7)(A) and the 
American Federation of Television an d Radio Artists (or any successor entity) 
to be distributed to nonf eatured vocalists (whether or not members of the 
American Federation of Television an d 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 re maining royalty payments shall be 
distributed to the interested copy right 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).   IP/N/1/USA/C/3 
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 (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 th e 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 th e distribution of th e royalty payments 
within each group, the Librarian of Cong ress 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 mu sical work was distributed in the 
form of digital musical recordings or analog musical recordings or 
disseminated to the pub lic in transmissions 
Sec. 1007. - Procedures for di stributing royalty payments  
(a) Filing of Claims and Negotiations. -  
(1) Filing of claims. -  
During the first 2 months of each ca lendar 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 collec ted during the preceding year in such 
form and manner as the Librarian of Cong ress shall prescribe by regulation.  
(2) Negotiations. -  
Notwithstanding any provision of the an titrust 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 designat e a common agent, including any 
organization described in section 1 001(7)(D), to negotiate or receive 
payment on their behalf; except that no agreement under this subsection 
may modify the allocation of roya lties 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 distri bution of royalty payments under section 
1006(c). If the Librarian of Congress determ ines that no such controversy exists, 
the Librarian of Congress shall, within 30 days after such determination, authorize 
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 the distribution of royalty pa yments entered into pursuant to subsection (a), after 
deducting its reasonable administra tive costs under this section.  
(c) Resolution of Disputes. -  
If the Librarian of Congress finds the ex istence of a controversy, the Librarian 
shall, pursuant to chapter 8 of this title, convene a copyright arbitration royalty 
panel to determine the distribution of ro yalty payments. During the pendency of 
such a proceeding, the Librarian of Congre ss shall withhold from  distribution an 
amount sufficient to satisfy all claims with respect to which a controversy exists, 
but shall, to the extent feasible, authoriz e the distribution of any amounts that are 
not in controversy. The Librarian of Congress shall, before authorizing the 
distribution of such royalty payments, de duct the reasonable administrative costs 
incurred by the Libraria n under this section. 
 
SUBCHAPTER D - PROHIBITION ON CERTAIN INFRINGEMENT ACTIONS, 
REMEDIES, AND ARBITRATION  
Sec. 1008. - Prohibition on ce rtain infringement actions  
No action may be brought under this title alleging infringement of copyright 
based on the manufacture, importation, or distribution of a di gital audio recording 
device, a digital audio record ing medium, an analog record ing device, or an analog 
recording medium, or based on the noncommercial use by a consumer of such a 
device or medium for maki ng digital musical record ings or analog musical 
recordings  
Sec. 1009. - Civil remedies  
(a) Civil Actions. -  
Any interested copyright party injure d 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 di strict court for actual dama ges incurred as a result of 
such violation.  
(c) Powers of the Court. -  
In an action brought under su bsection (a), the court -  
(1)  
may grant temporary and permanent in junctions on such terms as it 
deems reasonable to prevent or  restrain such violation;  
(2)  
in the case of a violatio n of section 1002, or in the case of an injury 
resulting from a failure to make roya lty payments required by section 1003, 
shall award damages under subsection (d);  
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 (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 da mages at any time before final 
judgment is entered.  
(ii)  
In the case of section 1003, actu al 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 awar d an additional amount of not 
to exceed 50 percent of the actual damages.  
(B) Statutory damages for se ction 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 invo lved in such violation or per 
device on which a service proh ibited 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 recordin g involved in su ch violation, 
as the court considers just.  
(iii) Transmission. -  
A complaining party may recover an award of damages for each 
transmission or commu nication that violat es 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 fina l judgment against that person for 
another such violation was entered, the court may increase the award of 
damages to not more than double th e amounts that would otherwise be 
awarded under paragraph (1), as the court considers just.  
 
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 (3) Innocent violations of section 1002. -  
The court in its discretion may re duce 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 cons tituted a violation of section 1002.  
(e) Payment of Damages. -  
Any award of damages under subsection  (d) shall be deposited with the 
Register pursuant to sectio n 1005 for distribution to inte rested copyright parties as 
though such funds were royalty paymen ts 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 musi cal 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 De struction 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 destruct ion of any digital audio reco rding device, digital musical 
recording, or device specifie d in section 1002(c) that -  
(1)  
does not comply with, or was involv ed in a violation of, section 1002, 
and  
(2)  
is in the custody or control of the violator or has been impounded under 
subsection (f) 
Sec. 1010. - Arbitration of certain disputes  
(a) Scope of Arbitration. -  
Before the date of first distribution in  the United States of a digital audio 
recording device or a digi tal 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 sha ll 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 Librar ian 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 qu alifications of 3 arbitrators chosen by 
the Librarian of Congress from a list of available arbitrators obtained from the 
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 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 sectio n 1009 against a part y 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 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 co ncerning 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 fact s 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 dete rmination 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 proc eeding, issue an order setting forth the 
Librarian's decision and the reasons theref or. 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 issu ed under the preceding sentence).  
(g) Judicial Review. -  
Any decision of the Librarian of Congre ss under subsection (f) with respect to 
a determination of the Arbitration Pane l 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 publicatio n of the decision in the Federal Register. 
The pendency of an appeal under this subs ection 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 th e Arbitration Panel or the Librarian of 
Congress acted in an arbitrar y 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 co urt may further vacate  the decision of IP/N/1/USA/C/3 
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 the Librarian of Congress and remand th e case for arbitration proceedings as 
provided in this section. 
 
CHAPTER 11 - SOUND RECORDINGS AND MUSIC VIDEOS  
Sec. 1101. - Unauthorized fixa tion and traffi cking 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 communicate s to the public the sounds or 
sounds and images of a live musical performance, or  
(3)  
distributes or offers to di stribute, sells or offers to  sell, rents or offers to 
rent, or traffics in any copy or phonor ecord fixed as described in paragraph 
(1), regardless of whether the fixation s occurred in the United States,  
shall be subject to the remedies provid ed in sections 502 through 505, to the 
same extent as an infringer of copyright.  
(b) Definition. -  
As used in this section, the term ''tr affic 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 ac ts that occur on or after the date of 
the enactment of the Urugua y 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. 
   
 
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 CHAPTER 12 - COPYRIGHT PROTECTI ON AND MANAGEMENT SYSTEMS 
Sec. 1201. Circumvention of co pyright protection systems  
Sec. 1202. Integrity of copyri ght management information  
Sec. 1203. Civil remedies  Sec. 1204. Criminal offenses and penalties  
Sec. 1205. Savings clause  
Sec. 1201. - Circumvention of copyright protec tion systems  
(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 copyrighte d 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 describ ed 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 pu rposes of subparagraph (B) of 
whether persons who are users of a co pyrighted work are, or are likely 
to be in the succeeding 3-year pe riod, 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 rulemaking, 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;  IP/N/1/USA/C/3 
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 (iv)  
the effect of circumvention of technological measures on the 
market for or value of copyrighted works; and  
(v)  
such other factors as the Libr arian 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 rulemaki ng 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 measur e 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 know ledge for use in circumventing a 
technological measure that effect ively 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 im pair a technological measure, 
without the authority of the copyright owner; and  
 
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 (B)  
a technological measure ''effectivel y controls access to a work'' if 
the measure, in the ordi nary 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 a fforded 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 know ledge 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, removi ng, deactivating, or otherwise 
impairing a technological measure; and  
(B)  
a technological measure ''effect ively 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 infr ingement, 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.  IP/N/1/USA/C/3 
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 (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 prod uct provide for a response to any 
particular technological measure, so long as such part or component, or the 
product in which such part or compon ent 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 copyrigh ted 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 perm itted 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, forfei t 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 ci rcumvents a technological measure.   IP/N/1/USA/C/3 
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 (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 lawfu lly 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 Stat es, a State, or a polit ical 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 sy stem, 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 th at effectively controls access to a 
particular portion of that program fo r 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 th e acts permitted under paragraph 
(1), and the means permitted under pa ragraph (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.  
 
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 (4)  
For purposes of this subsection, th e 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 copyrighte d works, if these activities are 
conducted to advance the state of kn owledge in the fiel d of encryption 
technology or to assist in the deve lopment 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 en cryption 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 th e encrypted copy, phonorecord, 
performance, or display of the published work;  
(B)  
such act is necessary to conduc t 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 provisio ns 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 adva nce the state of knowledge or 
development of encryption technology, versus whether it was 
disseminated in a manner that facilitates infringement under this title  IP/N/1/USA/C/3 
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 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 traine d 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, an d the time when such notice is 
provided.  
(4) Use of technological means fo r research activities. -  
Notwithstanding the provisions of subs ection (a)(2), it is not a violation 
of that subsection for a person to -  
(A)  
develop and employ technologi cal means to circumvent a 
technological measure for the sole pu rpose 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 ve rify 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 effectivene ss of technological measures 
designed to protect co pyrighted works; and  
(C)  
protection of copyright owners against the unauthorized access to 
their encrypted copy righted 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 -  
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 (1)  
does not itself violate the provisions of this title; and  
(2)  
has the sole purpose to prevent the a ccess of minors to material on the 
Internet.  
(i) Protection of Personally Id entifying 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 s eeks to gain access to the work 
protected, without providing conspicu ous notice of such collection or 
dissemination to such person, and wi thout 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, investigat ing, or correcting, a security flaw or 
vulnerability, with the authorization of the owner or operator of such 
computer, computer system, or computer network.   IP/N/1/USA/C/3 
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 (2) Permissible acts of se curity testing. -  
Notwithstanding the provisions of subsection (a)(1)(A), it is not a 
violation of that subsection for a pers on to engage in an act of security 
testing, if such act does not constitu te 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 comp uter network, or shared directly 
with the developer of such comput er, 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 subs ection (a)(2), it is not a violation 
of that subsection for a person to de velop, produce, distribute or employ 
technological means for the sole purpose of performing the acts of security 
testing described in subsection (2), [1] provided such technological means 
does not otherwise violate section (FOOTNOTE 2) (a)(2). ''(a)(2),''. [2] So in 
original. Probably should be ''subsection''.  
(k) Certain Analog Device s and Certain Technological Measures. -  
(1) Certain analog devices. -  
(A)  
Effective 18 months after the date of the enactment of this 
chapter, no person shall manufactu re, 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 ca ssette camcorder unless such 
camcorder conforms to the automa tic gain control technology;  
(iii)  
Beta format analog video ca ssette recorder, unless such 
recorder conforms to the automa tic gain control copy control 
technology, except that this requirement shall not apply until 
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 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 re corder that is not an analog 
video cassette camcorder, unless su ch recorder conforms to the 
automatic gain control copy contro l 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 ca ssette recorder if the design of the model 
of such recorder has been modifi ed 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 ca ssette 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 re corder, or an 8mm format analog 
cassette recorder, shall be requir ed 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 si gnal 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.  
 
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 (2) Certain encoding restrictions. -  
No person shall apply the automa tic 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 spec ified 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 tran smission or specified group of 
transmissions;  
(B)  
from a copy of a transmission of  a live event or an audiovisual 
work if such transmission is prov ided 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 contai ning 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 meet s 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 contro l technology with respect to any 
video signal received th rough a camera lens;  
(B)  
apply to the manufacture, importation, offer for sale, provision of, 
or other trafficking in, any professi onal analog video cassette recorder; 
or  
(C)  
apply to the offer for sale or provision of, or other trafficking in, 
any previously owned analog video ca ssette recorder, if such recorder 
was legally manufactured and sold when new and not subsequently 
modified in violation of paragraph (1)(B).  
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 (4) Definitions. -  
For purposes of this subsection:  
(A)  
An ''analog video cassette recorder '' means a device that records, 
or a device that includ es a function that records, on electromagnetic 
tape in an analog format the electronic impulses produced by the 
video and audio portions of a televis ion program, motion picture, or 
other form of audiovisual work.  
(B)  
An ''analog video cassette camcor der'' 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 tele vision or other vide o 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 elem ents of such technology and 
does not record the motion pictur e 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 th at 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, di stributing, or transmitting copies of motion 
pictures on a commercial scale.  
(E)  
The terms ''VHS format'', ''8mm format'', ''Beta format'', 
''automatic gain control copy contro l 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 electron ics 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. 
 
 
  
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 [1] So in original. Probably should be subsection  
Sec. 1202. - Integrity of copy right management information  
(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 fo r distribution copyright management information 
that is false.  
(b) Removal or Alteration of Copyri ght Management Information. -  
No person shall, without the authority of the copyright owner or the law -  
(1)  
intentionally remove or alter any co pyright management information,  
(2)  
distribute or import fo r 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 dist ribution, 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 in formation about, the author of a 
work.  
  
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 (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 perf ormances 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 perf ormances of works by radio and 
television broadcast stations, in the case of an audiovisual work, the name of, and other identifying information abou t, 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 Regist er of Copyrights may prescribe by 
regulation, except that the Register of Copyrigh ts 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 lawfu lly 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 Stat es, a State, or a polit ical 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 sy stem, or computer network.  
(e) Limitations on Liability. -  
(1) Analog transmissions. -  
In the case of an analog transm ission, a person who is making 
transmissions in its capacity as a broadc ast station, or as a cable system, or 
someone who provides programming to su ch 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 in tend, by engaging in such activity, to 
induce, enable, facilitate, or conceal infringement of a right under this 
title.   IP/N/1/USA/C/3 
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 (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 ca ble systems and copyright owners of 
a category of works that are intend ed 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 a ddressed by such standard if -  
(i)  
the placement of such  information by some one 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 stan dard 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 info rmation by such person would 
result in a perceptible visual or  aural degradation of the digital 
signal; or  
(ii)  
the transmission of such info rmation 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, co nsensus standards-setting 
process open to participation by a representative cross-
section of broadcast stations or cable systems and IP/N/1/USA/C/3 
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 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 Ac t 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) 
Sec. 1203. - Civil remedies  
(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 su bsection (a), the court -  
(1)  
may grant temporary and permanent in junctions 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 violat or 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 Unit ed 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 th e 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).  
 
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 (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 st atutory 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 st atutory damages for each violation 
of section 1202 in the sum of no t 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 ha s violated section 1201 or 1202 within 3 
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 ''p ublic broadcasting entity'' has 
the meaning given such te rm under section 118(g).  
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 (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 belie ve that its acts constituted a 
violation. 
Sec. 1204. - Criminal offenses and penalties  
(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 $1,00 0,000 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 brou ght under this se ction unless such 
proceeding is commenced within 5 year s after the cause of action arose. 
Sec. 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 13 - PROTECTION OF ORIGINAL DESIGNS  
Sec. 1301. Designs protected  
Sec. 1302. Designs not subject to protection  
Sec. 1303. Revisions, adaptati ons, and rearrangements  
Sec. 1304. Commencement of protection  Sec. 1305. Term of protection  
Sec. 1306. Design notice  
Sec. 1307. Effect of om ission of notice  
Sec. 1308. Exclusive rights  
Sec. 1309. Infringement  
Sec. 1310. Application for registration  
Sec. 1311. Benefit of earlier fi ling date in foreign country   IP/N/1/USA/C/3 
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 Sec. 1312. Oaths and acknowledgments  
Sec. 1313. Examination of application and issue or refusal of registration  
Sec. 1314. Certification of registration  
Sec. 1315. Publication of an nouncements and indexes  
Sec. 1316. Fees  
Sec. 1317. Regulations  
Sec. 1318. Copies of records  
Sec. 1319. Correction of e rrors in certificates  
Sec. 1320. Ownership and transfer  
Sec. 1321. Remedy for infringement  Sec. 1322. Injunctions  
Sec. 1323. Recovery for infringement  
Sec. 1324. Power of cour t over registration  
Sec. 1325. Liability for action on re gistration fraudulently obtained  
Sec. 1326. Penalty for false marking  
Sec. 1327. Penalty for false representation  
Sec. 1328. Enforcement by Treasury and Postal Service  
Sec. 1329. Relation to design patent law  
Sec. 1330. Common law and ot her rights unaffected  
Sec. 1331. Administrator; Offi ce of the Administrator  
Sec. 1332. No retroactive effect  
Sec. 1301. - Designs protected  
(a) Designs Protected. -  
(1) In general. -  
The designer or other owner of an or iginal 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 distinguishabl e 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 sha ll be deemed to be a useful article.  
(3)  
A ''vessel'' is a craft -  IP/N/1/USA/C/3 
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(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 us ed 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 
Sec. 1302. - Designs not subject to protection  
Protection under this chapter shall not be available for a design that is -  
(1)  
not original;  
(2)  
staple or commonplace, such as a st andard geometric fi gure, a familiar 
symbol, an emblem, or a motif, or an other shape, pattern, or configuration 
which has become standard, commo n, prevalent, or ordinary;  
(3)  
different from a design excluded by paragraph (2) only in insignificant 
details or in elements which are vari ants 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 wa s 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 regi stration under this chapter  
Sec. 1303. - Revisions, adapta tions, 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 substantia l revision, adaptation, or rearrangement 
of such subject matter. Such protection shall be independent of any subsisting  IP/N/1/USA/C/3 
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 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 
Sec. 1304. - Commencement of protection  
The protection provided for a design un der this chapter shall commence upon 
the earlier of the date of publication of the registrati on under section 1313(a) or 
the date the design is first made public as defined by section 1310(b) 
Sec. 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 protec tion 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 whic h the design may have been used during 
the term of its protection. 
Sec. 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), th e 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 accept ed 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 identifi cation is registered.  IP/N/1/USA/C/3 
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 (2)  
After registration, the re gistration 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 an d applied as to give  reasonable notice 
of design protection while  the useful article embody ing 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 de sign notice on  an article. 
Sec. 1307. - Effect of omission of notice  
(a) Actions With Notice. -  
Except as provided in subsection (b), th e omission of the notice prescribed in 
section 1306 shall not cause loss of the prot ection under this chapter or prevent 
recovery for infringement under this chapter against any person who, after 
receiving written notice of the design protecti on, begins an undertaking leading to 
infringement under this chapter.  
(b) Actions Without Notice. -  
The omission of the notice prescrib ed in section 1306 shall prevent any 
recovery under section 1323 against a pers on who began an undertaking leading 
to infringement under this chapter before  receiving written no tice 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 incurre d before receiving writte n notice of the design 
protection, as the court in its discretion directs. The burden of providing written 
notice of design protection sha ll be on the owner of the design. 
Sec. 1308. - Exclusive rights  
The owner of a design protected under th is 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  
Sec. 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  IP/N/1/USA/C/3 
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 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 infr inging article.  
(b) Acts of Sellers and Distributors. -  
A seller or distributor of an infringing article who did not ma ke 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 ar ticle, except that merely purchasing or giving an 
order to purchase such article in the or dinary course of bu siness shall not of 
itself constitute such indu cement 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 ar ticle embodying a design which was created without 
knowledge that a design was protected un der 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 infrin ging 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 orderi ng 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 pr otected under this chapter, without the 
consent of the owner of the protected de sign. An infringing article is not an 
illustration or picture of a protected desi gn in an advertisement, book, periodical, 
newspaper, photograph, broadcast, motion  picture, or simila r medium. A design 
shall not be deemed to have been copied fr om a protected design if it is original 
and not substantially similar in a ppearance to a protected design.  
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 (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 pr ima 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 ev aluating the appear ance, concepts, or 
techniques embodied in the design, or the function of the usef ul article embodying 
the design.  
Sec. 1310. - Application for registration  
(a) Time Limit for Applicatio n for Registration. -  
Protection under this chapter shall be lost if application for registration of the 
design is not made within 2 years after th e date on which the design is first made 
public.  
(b) When Design is Made Public. -  
A design is made public when an existi ng useful article em bodying the design 
is anywhere publicly exhibited, publicly di stributed, or offered for sale or sold to 
the public by the owner of the desi gn 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 design er 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.   IP/N/1/USA/C/3 
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 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 entitl ed to protection and to registration 
under this chapter.  
If the design has been made public wi th the design notice prescribed in 
section 1306, the statement shall also descr ibe 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 prot ection 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 ma de within the regular scope of the 
designer's employment and in dividual authorship of th e 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, adequa te 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 On e Useful Article. -  
If the distinguishing elemen ts of a design are in substantially the same form 
in different useful articles, the design sh all be protected as to all such useful IP/N/1/USA/C/3 
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 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 Ad ministrator. For each design included in 
an application the fee prescribed for a single design shall be paid. 
Sec. 1311. - Benefit of earlier filing date in foreign country  
An application for registration of a desi gn filed in the United States by any 
person who has, or whose legal representati ve 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  
Sec. 1312. - Oaths and acknowledgments  
(a) In General. -  
Oaths and acknowledgments requ ired 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 countr y, 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 cons ular officer of the United States; and  
(2)  
shall be valid if they comply with th e 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.  
 
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 (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 
Sec. 1313. - Examination of appl ication and issue or refusal of 
registration  
(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. Regi stration under this subsection shall be 
announced by publication. The date of regist ration shall be the date of publication.  
(b) Refusal To Register; Reconsideration. -  
If, in the judgment of the Administrato r, 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 applican t 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 applican t 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 ch apter, stating the reas ons for the request. 
Upon receipt of an application for cancellation, the Administrator shall send to the 
owner of the design, as shown in the record s 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 presentati on of arguments have expired, the 
Administrator determines that the applican t for cancellation has established that 
the design is not subject to protection under this chapter, the Administrator shall 
order the registration strick en from the record. Cancellation under this subsection 
shall be announced by publication, and notice of the Administrator's final 
determination with respect to any applicatio n for cancellation shall be sent to the 
applicant and to the owner of record. Co sts of the cancellation procedure under 
this subsection shall be borne by the nonprevailing party or parties, and the 
Administrator shall have the authorit y to assess and collect such costs. 
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 Sec. 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 Admi nistrator and shall be recorded in the 
official records of the Offi ce. The certificate shall stat e 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 pict orial 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 admitte d in any court as prima facie evidence of the facts 
stated in the certificate  
Sec. 1315. - Publication of announcements and indexes  
(a) Publications of the Administrator. -  
The Administrator shall publish lists an d indexes of registered designs and 
cancellations of designs and may also pu blish the drawings or other pictorial 
representations of registered design s 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 design s. The file shall be available for use by 
the public under such conditions as the Administrator may prescribe.  
Sec. 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  
Sec. 1317. - Regulations  
The Administrator may establish regulations for the administration of this 
chapter  
Sec. 1318. - Copies of records  
Upon payment of the prescribed fee, an y 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  
Sec. 1319. - Correction of errors in certificates  
The Administrator may, by a certificate of correction under seal, correct any 
error in a registration incu rred 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 Offi ce. Such registration, together with the 
certificate, shall thereafter have the same effect as if it had been originally issued 
in such corrected form  
Sec. 1320. - Ownership and transfer  
(a) Property Right in Design. -   IP/N/1/USA/C/3 
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 The property right in a design subject to protection under this chapter shall 
vest in the designer, the legal representa tives of a deceased designer or of one 
under legal incapacity, the employer for wh om the designer created the design in 
the case of a design made within the re gular scope of the designer's employment, 
or a person to whom the rights of the de signer or of such employer have been 
transferred. The person in whom the proper ty 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 writin g, 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, convey ance, or mortgage under 
subsection (b).  
(d) Recordation of Transfer. -  
An assignment, grant, conveyance, or mo rtgage under subsection (b) shall be 
void as against any subsequent purc haser 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 befo re the date of such subsequent purchase 
or mortgage. 
Sec. 1321. - Remedy for infringement  
(a) In General. -  
The owner of a design is entitled, after i ssuance of a certific ate 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 owne r of a design ma y seek judicial 
review of a final refusal of the Administ rator to register th e design under this 
chapter by bringing a civil  action, and may in the same action, if the court 
adjudges the design subject to protecti on under this chap ter, enforce the 
rights in that design under this chapter.  
(2)  
The owner of a design may seek judici al 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;  
 
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 (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 arbitratio n. Arbitration shall be  governed by title 
9. The parties shall give notice of any ar bitration award to th e 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). 
Sec. 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 dama ge by reason of injunctive relief 
wrongfully obtained under this section has a cause of action against the applicant 
for such injunctive relief and may recove r 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.  
Sec. 1323. - Recovery  for infringement  
(a) Damages. -  
Upon a finding for the claimant in an action for infringement under this 
chapter, the court shall aw ard 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 awar ded shall constitute compensation and  IP/N/1/USA/C/3 
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 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 prov ided 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 ar e 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 subsecti on (a) or (b) shall be had for any infringement 
committed more than 3 years before the da te 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 specifical ly adapted for making the articles, be 
delivered up for destruction or other disposition as the court may direct.  
Sec. 1324. - Power of court over registration  
In any action involving the protection of a design under this chapter, the 
court, when appropriate, may order registra tion 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  
Sec. 1325. - Liability for action  on registration fraudulently 
obtained  
Any person who brings an action for infr ingement 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 th e 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 ch arged against the plai ntiff and paid to 
the defendant, in addition to such costs and attorney's fees of the defendant as 
may be assessed by the court  
Sec. 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.  IP/N/1/USA/C/3 
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 (b) Suit by Private Persons. -  
Any person may sue for the penalty esta blished by subsection (a), in which 
event one-half of the pena lty shall be awarded to the person suing and the 
remainder shall be awarde d to the United States. 
Sec. 1327. - Penalty for false representation  
Whoever knowingly makes a false repr esentation materially affecting the 
rights obtainable under this chapter for th e purpose of obtaining registration of a 
design under this chapter shall pay a pe nalty 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  
Sec. 1328. - Enforcement by Tr easury and Postal Service  
(a) Regulations. -  
The Secretary of the Trea sury and the United Stat es 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 fr om 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 th e Tariff Act of 1930 excluding, 
importation of the articles.  
(2)  
Furnish proof that the design involv ed is protected under this chapter 
and that the importation of the articl es 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 ri ghts set forth in section 1308 are subject 
to seizure and forfeiture in the same manne r as property imported in violation of 
the customs laws. Any such fo rfeited articles shall be de stroyed 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 th e importer had no reasonable grounds for 
believing that his or her acts constituted a violation of the law. 
Sec. 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 manufactu re shall terminate an y protection of the 
original design under this chapter 
Sec. 1330. - Common law and other rights unaffected  
Nothing in this chapter shall annul or limit -   IP/N/1/USA/C/3 
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 (1)  
common law or other rights or remedies, if any, available to or held by 
any person with respect to a design wh ich has not been registered under this 
chapter; or  
(2)  
any right under the trademark laws or  any right protected against unfair 
competition  
Sec. 1331. - Administrator; Office of the Administrator  
In this chapter, the ''Administrator'' is the Register of Copyrights, and the 
''Office of the Administrator'' and the ''Offi ce'' refer to the Copyright Office of the 
Library of Congress  
Sec. 1332. - No re troactive effect  
Protection under this chapter shall not be available for any design that has 
been made public under section 1310(b) be fore the effective date of this chapter 
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