dreamproit/uscode huggingface dataset:
17 U.S.C. § 1003 (COPYRIGHTS)
§ 1003. Obligation to make royalty payments
(a) Prohibition on Importation and Manufacture.—
No person shall import into and distribute, or manufacture and distribute, any digital audio recording device or digital audio recording medium unless such person records the notice specified by this section and subsequently deposits the statements of account and applicable royalty payments for such device or medium specified in section 1004.
(b) Filing of Notice.—
The importer or manufacturer of any digital audio recording device or digital audio recording medium, within a product category or utilizing a technology with respect to which such manufacturer or importer has not previously filed a notice under this subsection, shall file with the Register of Copyrights a notice with respect to such device or medium, in such form and content as the Register shall prescribe by regulation.
(c) Filing of Quarterly and Annual Statements of Account.—
(1) Generally.—
Any importer or manufacturer that distributes any digital audio recording device or digital audio recording medium that it manufactured or imported shall file with the Register of Copyrights, in such form and content as the Register shall prescribe by regulation, such quarterly and annual statements of account with respect to such distribution as the Register shall prescribe by regulation.
(2) Certification, verification, and confidentiality.—
Each such statement shall be certified as accurate by an authorized officer or principal of the importer or manufacturer. The Register shall issue regulations to provide for the verification and audit of such statements and to protect the confidentiality of the information contained in such statements. Such regulations shall provide for the disclosure, in confidence, of such statements to interested copyright parties.
(3) Royalty payments.—
Each such statement shall be accompanied by the royalty payments specified in section 1004.
(Added Pub. L. 102–563, § 2, Oct. 28, 1992, 106 Stat. 4240.)
17 U.S.C. § 1005 (COPYRIGHTS)
§ 1005. Deposit of royalty payments and deduction of expenses
The Register of Copyrights shall receive all royalty payments deposited under this chapter and, after deducting the reasonable costs incurred by the Copyright Office under this chapter, shall deposit the balance in the Treasury of the United States as offsetting receipts, in such manner as the Secretary of the Treasury directs. All funds held by the Secretary of the Treasury shall be invested in interest-bearing United States securities for later distribution with interest under section 1007. The Register may, in the Register’s discretion, 4 years after the close of any calendar year, close out the royalty payments account for that calendar year, and may treat any funds remaining in such account and any subsequent deposits that would otherwise be attributable to that calendar year as attributable to the succeeding calendar year.
(Added Pub. L. 102–563, § 2, Oct. 28, 1992, 106 Stat. 4242; amended Pub. L. 103–198, § 6(b)(2), Dec. 17, 1993, 107 Stat. 2312.)
heading: Amendments
text: 1993—Pub. L. 103–198 struck out at end “The Register shall submit to the Copyright Royalty Tribunal, on a monthly basis, a financial statement reporting the amount of royalties under this chapter that are available for distribution.”
17 U.S.C. § 1008 (COPYRIGHTS)
§ 1008. Prohibition on certain infringement actions
No action may be brought under this title alleging infringement of copyright based on the manufacture, importation, or distribution of a digital audio recording device, a digital audio recording medium, an analog recording device, or an analog recording medium, or based on the noncommercial use by a consumer of such a device or medium for making digital musical recordings or analog musical recordings.
(Added Pub. L. 102–563, § 2, Oct. 28, 1992, 106 Stat. 4244.)
17 U.S.C. § 1101 (COPYRIGHTS)
§ 1101. Unauthorized fixation and trafficking in sound recordings and music videos
(a) Unauthorized Acts.—
Anyone who, without the consent of the performer or performers involved—
(1) fixes the sounds or sounds and images of a live musical performance in a copy or phonorecord, or reproduces copies or phonorecords of such a performance from an unauthorized fixation,
(2) transmits or otherwise communicates to the public the sounds or sounds and images of a live musical performance, or
(3) distributes or offers to distribute, sells or offers to sell, rents or offers to rent, or traffics in any copy or phonorecord fixed as described in paragraph (1), regardless of whether the fixations occurred in the United States,
shall be subject to the remedies provided in sections 502 through 505, to the same extent as an infringer of copyright.
(b) Definition.—
In this section, the term “traffic” has the same meaning as in section 2320(e) 1 of title 18.
(c) Applicability.—
This section shall apply to any act or acts that occur on or after the date of the enactment of the Uruguay Round Agreements Act.
(d) State Law Not Preempted.—
Nothing in this section may be construed to annul or limit any rights or remedies under the common law or statutes of any State.
(Added Pub. L. 103–465, title V, § 512(a), Dec. 8, 1994, 108 Stat. 4974; amended Pub. L. 109–181, § 2(c)(3), Mar. 16, 2006, 120 Stat. 288.)
heading: References in Text
text: Section 2320 of title 18, referred to in subsec. (b), was amended generally by Pub. L. 112–81, div. A, title VIII, § 818(h), Dec. 31, 2011, 125 Stat. 1497, and, as so amended, provisions similar to those formerly appearing in subsec. (e) are now contained in subsec. (f).
The date of the enactment of the Uruguay Round Agreements Act, referred to in subsec. (c), is the date of enactment of Pub. L. 103–465, which was approved Dec. 8, 1994.
heading: Amendments
text: 2006—Subsec. (b). Pub. L. 109–181 added subsec. (b) and struck out heading and text of former subsec. (b). Text read as follows: “As used in this section, the term ‘traffic in’ means transport, transfer, or otherwise dispose of, to another, as consideration for anything of value, or make or obtain control of with intent to transport, transfer, or dispose of.”
17 U.S.C. § 1204 (COPYRIGHTS)
§ 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 $1,000,000 or imprisoned for not more than 10 years, or both, for any subsequent offense.
(b) Limitation for Nonprofit Library, Archives, Educational Institution, or Public Broadcasting Entity.—
Subsection (a) shall not apply to a nonprofit library, archives, educational institution, or public broadcasting entity (as defined under section 118(f)).
(c) Statute of Limitations.—
No criminal proceeding shall be brought under this section unless such proceeding is commenced within 5 years after the cause of action arose.
(Added Pub. L. 105–304, title I, § 103(a), Oct. 28, 1998, 112 Stat. 2876; amended Pub. L. 106–113, div. B, § 1000(a)(9) [title V, § 5004(b)], Nov. 29, 1999, 113 Stat. 1536, 1501A–593; Pub. L. 111–295, § 6(f)(3), Dec. 9, 2010, 124 Stat. 3181.)
heading: Amendments
text: 2010—Subsec. (b). Pub. L. 111–295 substituted “118(f)” for “118(g)”.
1999—Subsec. (b). Pub. L. 106–113 amended heading and text of subsec. (b) generally. Prior to amendment, text read as follows: “Subsection (a) shall not apply to a nonprofit library, archives, or educational institution.”
17 U.S.C. § 1205 (COPYRIGHTS)
§ 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.
(Added Pub. L. 105–304, title I, § 103(a), Oct. 28, 1998, 112 Stat. 2876.)
17 U.S.C. § 1302 (COPYRIGHTS)
§ 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 standard geometric figure, a familiar symbol, an emblem, or a motif, or another shape, pattern, or configuration which has become standard, common, prevalent, or ordinary;
(3) different from a design excluded by paragraph (2) only in insignificant details or in elements which are variants commonly used in the relevant trades;
(4) dictated solely by a utilitarian function of the article that embodies it; or
(5) embodied in a useful article that was made public by the designer or owner in the United States or a foreign country more than 2 years before the date of the application for registration under this chapter.
(Added Pub. L. 105–304, title V, § 502, Oct. 28, 1998, 112 Stat. 2906; amended Pub. L. 106–44, § 1(f)(1), Aug. 5, 1999, 113 Stat. 222.)
heading: Amendments
text: 1999—Par. (5). Pub. L. 106–44 substituted “2 years” for “1 year”.
17 U.S.C. § 1303 (COPYRIGHTS)
§ 1303. Revisions, adaptations, and rearrangements
Protection for a design under this chapter shall be available notwithstanding the employment in the design of subject matter excluded from protection under section 1302 if the design is a substantial revision, adaptation, or rearrangement of such subject matter. Such protection shall be independent of any subsisting protection in subject matter employed in the design, and shall not be construed as securing any right to subject matter excluded from protection under this chapter or as extending any subsisting protection under this chapter.
(Added Pub. L. 105–304, title V, § 502, Oct. 28, 1998, 112 Stat. 2906.)
17 U.S.C. § 1304 (COPYRIGHTS)
§ 1304. Commencement of protection
The protection provided for a design under this chapter shall commence upon the earlier of the date of publication of the registration under section 1313(a) or the date the design is first made public as defined by section 1310(b).
(Added Pub. L. 105–304, title V, § 502, Oct. 28, 1998, 112 Stat. 2907.)
17 U.S.C. § 1305 (COPYRIGHTS)
§ 1305. Term of protection
(a) In General.—
Subject to subsection (b), the protection provided under this chapter for a design shall continue for a term of 10 years beginning on the date of the commencement of protection under section 1304.
(b) Expiration.—
All terms of protection provided in this section shall run to the end of the calendar year in which they would otherwise expire.
(c) Termination of Rights.—
Upon expiration or termination of protection in a particular design under this chapter, all rights under this chapter in the design shall terminate, regardless of the number of different articles in which the design may have been used during the term of its protection.
(Added Pub. L. 105–304, title V, § 502, Oct. 28, 1998, 112 Stat. 2907.)
17 U.S.C. § 1306 (COPYRIGHTS)
§ 1306. Design notice
(a) Contents of Design Notice.—
(1) Whenever any design for which protection is sought under this chapter is made public under section 1310(b), the owner of the design shall, subject to the provisions of section 1307, mark it or have it marked legibly with a design notice consisting of—
(A) the words “Protected Design”, the abbreviation “Prot’d Des.”, or the letter “D” with a circle, or the symbol “*D*”;
(B) the year of the date on which protection for the design commenced; and
(C) the name of the owner, an abbreviation by which the name can be recognized, or a generally accepted alternative designation of the owner.
Any distinctive identification of the owner may be used for purposes of subparagraph (C) if it has been recorded by the Administrator before the design marked with such identification is registered.
(2) After registration, the registration number may be used instead of the elements specified in subparagraphs (B) and (C) of paragraph (1).
(b) Location of Notice.—
The design notice shall be so located and applied as to give reasonable notice of design protection while the useful article embodying the design is passing through its normal channels of commerce.
(c) Subsequent Removal of Notice.—
When the owner of a design has complied with the provisions of this section, protection under this chapter shall not be affected by the removal, destruction, or obliteration by others of the design notice on an article.
(Added Pub. L. 105–304, title V, § 502, Oct. 28, 1998, 112 Stat. 2907.)
17 U.S.C. § 1307 (COPYRIGHTS)
§ 1307. Effect of omission of notice
(a) Actions With Notice.—
Except as provided in subsection (b), the omission of the notice prescribed in section 1306 shall not cause loss of the protection under this chapter or prevent recovery for infringement under this chapter against any person who, after receiving written notice of the design protection, begins an undertaking leading to infringement under this chapter.
(b) Actions Without Notice.—
The omission of the notice prescribed in section 1306 shall prevent any recovery under section 1323 against a person who began an undertaking leading to infringement under this chapter before receiving written notice of the design protection. No injunction shall be issued under this chapter with respect to such undertaking unless the owner of the design reimburses that person for any reasonable expenditure or contractual obligation in connection with such undertaking that was incurred before receiving written notice of the design protection, as the court in its discretion directs. The burden of providing written notice of design protection shall be on the owner of the design.
(Added Pub. L. 105–304, title V, § 502, Oct. 28, 1998, 112 Stat. 2907.)
17 U.S.C. § 1308 (COPYRIGHTS)
§ 1308. Exclusive rights
The owner of a design protected under this chapter has the exclusive right to—
(1) make, have made, or import, for sale or for use in trade, any useful article embodying that design; and
(2) sell or distribute for sale or for use in trade any useful article embodying that design.
(Added Pub. L. 105–304, title V, § 502, Oct. 28, 1998, 112 Stat. 2908.)
17 U.S.C. § 1311 (COPYRIGHTS)
§ 1311. Benefit of earlier filing date in foreign country
An application for registration of a design filed in the United States by any person who has, or whose legal representative or predecessor or successor in title has, previously filed an application for registration of the same design in a foreign country which extends to designs of owners who are citizens of the United States, or to applications filed under this chapter, similar protection to that provided under this chapter shall have that same effect as if filed in the United States on the date on which the application was first filed in such foreign country, if the application in the United States is filed within 6 months after the earliest date on which any such foreign application was filed.
(Added Pub. L. 105–304, title V, § 502, Oct. 28, 1998, 112 Stat. 2910.)
17 U.S.C. § 1312 (COPYRIGHTS)
§ 1312. Oaths and acknowledgments
(a) In General.—
Oaths and acknowledgments required by this chapter—
(1) may be made—
(A) before any person in the United States authorized by law to administer oaths; or
(B) when made in a foreign country, before any diplomatic or consular officer of the United States authorized to administer oaths, or before any official authorized to administer oaths in the foreign country concerned, whose authority shall be proved by a certificate of a diplomatic or consular officer of the United States; and
(2) shall be valid if they comply with the laws of the State or country where made.
(b) Written Declaration in Lieu of Oath.—
(1) The Administrator may by rule prescribe that any document which is to be filed under this chapter in the Office of the Administrator and which is required by any law, rule, or other regulation to be under oath, may be subscribed to by a written declaration in such form as the Administrator may prescribe, and such declaration shall be in lieu of the oath otherwise required.
(2) Whenever a written declaration under paragraph (1) is used, the document containing the declaration shall state that willful false statements are punishable by fine or imprisonment, or both, pursuant to section 1001 of title 18, and may jeopardize the validity of the application or document or a registration resulting therefrom.
(Added Pub. L. 105–304, title V, § 502, Oct. 28, 1998, 112 Stat. 2911.)
17 U.S.C. § 1314 (COPYRIGHTS)
§ 1314. Certification of registration
Certificates of registration shall be issued in the name of the United States under the seal of the Office of the Administrator and shall be recorded in the official records of the Office. The certificate shall state the name of the useful article, the date of filing of the application, the date of registration, and the date the design was made public, if earlier than the date of filing of the application, and shall contain a reproduction of the drawing or other pictorial representation of the design. If a description of the salient features of the design appears in the application, the description shall also appear in the certificate. A certificate of registration shall be admitted in any court as prima facie evidence of the facts stated in the certificate.
(Added Pub. L. 105–304, title V, § 502, Oct. 28, 1998, 112 Stat. 2912.)
17 U.S.C. § 1315 (COPYRIGHTS)
§ 1315. Publication of announcements and indexes
(a) Publications of the Administrator.—
The Administrator shall publish lists and indexes of registered designs and cancellations of designs and may also publish the drawings or other pictorial representations of registered designs for sale or other distribution.
(b) File of Representatives of Registered Designs.—
The Administrator shall establish and maintain a file of the drawings or other pictorial representations of registered designs. The file shall be available for use by the public under such conditions as the Administrator may prescribe.
(Added Pub. L. 105–304, title V, § 502, Oct. 28, 1998, 112 Stat. 2912.)
17 U.S.C. § 1316 (COPYRIGHTS)
§ 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.
(Added Pub. L. 105–304, title V, § 502, Oct. 28, 1998, 112 Stat. 2912.)
17 U.S.C. § 1318 (COPYRIGHTS)
§ 1318. Copies of records
Upon payment of the prescribed fee, any person may obtain a certified copy of any official record of the Office of the Administrator that relates to this chapter. That copy shall be admissible in evidence with the same effect as the original.
(Added Pub. L. 105–304, title V, § 502, Oct. 28, 1998, 112 Stat. 2913.)
17 U.S.C. § 1319 (COPYRIGHTS)
§ 1319. Correction of errors in certificates
The Administrator may, by a certificate of correction under seal, correct any error in a registration incurred through the fault of the Office, or, upon payment of the required fee, any error of a clerical or typographical nature occurring in good faith but not through the fault of the Office. Such registration, together with the certificate, shall thereafter have the same effect as if it had been originally issued in such corrected form.
(Added Pub. L. 105–304, title V, § 502, Oct. 28, 1998, 112 Stat. 2913.)
17 U.S.C. § 1320 (COPYRIGHTS)
§ 1320. Ownership and transfer
(a) Property Right in Design.—
The property right in a design subject to protection under this chapter shall vest in the designer, the legal representatives of a deceased designer or of one under legal incapacity, the employer for whom the designer created the design in the case of a design made within the regular scope of the designer’s employment, or a person to whom the rights of the designer or of such employer have been transferred. The person in whom the property right is vested shall be considered the owner of the design.
(b) Transfer of Property Right.—
The property right in a registered design, or a design for which an application for registration has been or may be filed, may be assigned, granted, conveyed, or mortgaged by an instrument in writing, signed by the owner, or may be bequeathed by will.
(c) Oath or Acknowledgment of Transfer.—
An oath or acknowledgment under section 1312 shall be prima facie evidence of the execution of an assignment, grant, conveyance, or mortgage under subsection (b).
(d) Recordation of Transfer.—
An assignment, grant, conveyance, or mortgage under subsection (b) shall be void as against any subsequent purchaser or mortgagee for a valuable consideration, unless it is recorded in the Office of the Administrator within 3 months after its date of execution or before the date of such subsequent purchase or mortgage.
(Added Pub. L. 105–304, title V, § 502, Oct. 28, 1998, 112 Stat. 2913; amended Pub. L. 106–44, § 1(f)(2), Aug. 5, 1999, 113 Stat. 222.)
heading: Amendments
text: 1999—Subsec. (c). Pub. L. 106–44 substituted “Acknowledgment” for “Acknowledgement” in heading.
17 U.S.C. § 1321 (COPYRIGHTS)
§ 1321. Remedy for infringement
(a) In General.—
The owner of a design is entitled, after issuance of a certificate of registration of the design under this chapter, to institute an action for any infringement of the design.
(b) Review of Refusal To Register.—
(1) Subject to paragraph (2), the owner of a design may seek judicial review of a final refusal of the Administrator to register the design under this chapter by bringing a civil action, and may in the same action, if the court adjudges the design subject to protection under this chapter, enforce the rights in that design under this chapter.
(2) The owner of a design may seek judicial review under this section if—
(A) the owner has previously duly filed and prosecuted to final refusal an application in proper form for registration of the design;
(B) the owner causes a copy of the complaint in the action to be delivered to the Administrator within 10 days after the commencement of the action; and
(C) the defendant has committed acts in respect to the design which would constitute infringement with respect to a design protected under this chapter.
(c) Administrator as Party to Action.—
The Administrator may, at the Administrator’s option, become a party to the action with respect to the issue of registrability of the design claim by entering an appearance within 60 days after being served with the complaint, but the failure of the Administrator to become a party shall not deprive the court of jurisdiction to determine that issue.
(d) Use of Arbitration To Resolve Dispute.—
The parties to an infringement dispute under this chapter, within such time as may be specified by the Administrator by regulation, may determine the dispute, or any aspect of the dispute, by arbitration. Arbitration shall be governed by title 9. The parties shall give notice of any arbitration award to the Administrator, and such award shall, as between the parties to the arbitration, be dispositive of the issues to which it relates. The arbitration award shall be unenforceable until such notice is given. Nothing in this subsection shall preclude the Administrator from determining whether a design is subject to registration in a cancellation proceeding under section 1313(c).
(Added Pub. L. 105–304, title V, § 502, Oct. 28, 1998, 112 Stat. 2913.)