Tıtle 17, Section 107 (Fair Use) | mflynt01 | July 27, 2012

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Tıtle 17, Section 107 (Fair Use)

by mflynt01
1

Copyright Act of 1976Source: Title 17, United States Code, Sections 101-810.[Sections 106, 107, and 108 of the U.S. Copyright Act are ofparticular interest to the projected user community of thisinformation. However, in order to have the convenience of access tothe complete act available it is provided here in its entirety.]Section 101. Definitions.As used in this title, the following terms and their variant forms meanthe following:An "anonymous work" is a work on the copies or phonorecords of which nonatural person is identified as author."Audiovisual works" are works that consist of a series of relatedimages which are intrinsically intended to be shown by the use ofmachines or devices such as projectors, viewers, or electronicequipment, together with accompanying sounds, if any, regardless of thenature of the material objects, such as films or tapes, in which theworks are embodied.The "best edition" of a work is the edition, published in the UnitedStates at any time before the date of deposit, that the Library ofCongress determines to be most suitable for its purposes.A person's "children" are that person's immediate offspring, whetherlegitimate or not, and any children legally adopted by that person.A "collective work" is a work, such as a periodical issue, anthology,or encyclopedia, in which a number of contributions, constitutingseparate and independent works in themselves, are assembled into acollective whole.A "compilation" is a work formed by the collection and assembling ofpreexisting materials or of data that are selected, coordinated, orarranged in such a way that the resulting work as a whole constitutesan original work of authorship. The term "compilation" includescollective works.A "computer program" is a set of statements or instructions to be useddirectly or indirectly in a computer in order to bring about a certainresult."Copies" are material objects, other than phonorecords, in which a workis fixed by any method now known or later developed, and from which thework can be perceived, reproduced, or otherwise communicated, eitherdirectly or with the aid of a machine or device. The term "copies"includes the material object, other than a phonorecord, in which thework is first fixed."Copyright owner," with respect to any one of the exclusive rightscomprised 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 thefirst time; where a work is prepared over a period of time, the portionof it that has been fixed at any particular time constitutes the workas of that time, and where the work has been prepared in differentversions, each version constitutes a separate work.A "derivative work" is a work based upon one or more preexisting works,such as a translation, musical arrangement, dramatization,fictionalization, motion picture version, sound recording, artreproduction, abridgment, condensation, or any other form in which awork may be recast, transformed, or adapted. A work consisting ofeditorial revisions, annotations, elaborations, or other modificationswhich, 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.To "display" a work means to show a copy of it, either directly or bymeans of a film, slide, television image, or any other device orprocessor, in the case of a motion picture or other audiovisual work,to show individual images nonsequentially.A work is "fixed" in a tangible medium of expression when itsembodiment in a copy or phonorecord, by or under the authority of theauthor, is sufficiently permanent or stable to permit it to beperceived, reproduced, or otherwise communicated for a period of morethan transitory duration. A work consisting of sounds, images, orboth, that are being transmitted, is "fixed for purposes of this titleif a fixation of the work is being made simultaneously with itstransmission.The terms "including" and "such as" are illustrative and not limitative.A "joint work" is a work prepared by two or more authors with theintention that their contributions be merged into inseparable orinterdependent parts of a unitary whole."Literary works" are works, other than audiovisual works, expressed inwords, numbers, or other verbal or numerical symbols or indicia,regardless of the nature of the material objects, such as books,periodicals, manuscripts, phonorecords, film, tapes, disks, or cards,in which they are embodied."Motion pictures" are audiovisual works consisting of a series ofrelated images which, when shown in succession, impart an impressionof motion, together with accompanying sounds, if any.To "perform" a work means to recite, render, play, dance, or act it,either directly or by means of any device or process or, in the case ofa motion picture or other audiovisual work, to show its images in anysequence or to make the sounds accompanying it audible."Phonorecords" are material objects in which sounds, other than thoseaccompanying a motion picture or other audiovisual work, are fixed byany method now known or later developed, and from which the sounds canbe perceived, reproduced, or otherwise communicated, either directly orwith the aid of a machine or device. The term "phonorecords" includesthe material object in which the sounds are first fixed."Pictorial, graphic, and sculptural works" include two-dimensional andthree-dimensional works of fine, graphic, and applied art, photographs,prints and art reproductions, maps, globes, charts, technical drawings,diagrams, and models. Such works shall include works of artisticcraftsmanship insofar as their form but not their mechanical orutilitarian aspects are concerned; the design of a useful article, asdefined in this section, shall be considered a pictorial, graphic, orsculptural work only if, and only to the extent that, such designincorporates pictorial, graphic, or sculptural features that can beidentified separately from, and are capable of existing independentlyof, the utilitarian aspects of the article.A "pseudonymous work" is a work on the copies or phonorecords of whichthe author is identified under a fictitious name."Publication" is the distribution of copies or phonorecords of a workto the public by sale or other transfer of ownership, or by rental,lease, or lending. The offering to distribute copies or phonorecordsto a group of persons for purposes of further distribution, publicperformance, or public display, constitutes publication. A publicperformance or display of a work does not of itself constitutepublication.To perform or display a work "publicly" means--(1) to perform or display it at a place open to the public or at anyplace where a substantial number of persons outside of a normal circleof a family and its social acquaintances is gathered; or,(2) to transmit or otherwise communicate a performance or display ofthe work to a place specified by clause (1) or to the public, by meansof any device or process, whether the members of the public capable ofreceiving the performance or display receive it in the same place or inseparate places and at the same time or at different times."Sound recordings" are works that result from the fixation of a seriesof musical, spoken, or other sounds, but not including the soundsaccompanying a motion picture or other audiovisual work, regardless ofthe nature of the material objects, such as disks, tapes, or otherphonorecords, in which they are embodied."State" includes the District of Columbia and the Commonwealth ofPuerto Rico, and any territories to which this title is made applicableby an Act of Congress.A "Transfer of copyright ownership" is an assignment, mortgage,exclusive license, or any other conveyance, alienation, orhypothecation of a copyright or of any of the exclusive rightscomprised in a copyright, whether or not it is limited in time or placeof effect, but not including a nonexclusive license.A "transmission program" is a body of material that, as an aggregate,has been produced for the sole purpose of transmission to the public insequence and as a unit.To "transmit" a performance or display is to communicate it by anydevice or process whereby images or sounds are received beyond theplace from which they are sent.The "United States," when used in a geographical sense, comprises theseveral States, the District of Columbia and the Commonwealth of PuertoRico, and the organized territories under the jurisdiction of theUnited States Government.A "useful article" is an article having an intrinsic utilitarianfunction that is not merely to portray the appearance of the article orto convey information. An article that is normally a part of a usefularticle is considered a "useful article."The author's "widow" or "widower" is the author's surviving spouseunder 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 the United States Government" is a work prepared by anyofficer or employee of the United States Government as part of thatperson's official duties.A "work made for hire" is--(1) a work prepared by an employee within the scope of his or heremployment; or(2) a work specially ordered or commissioned for use as a contributionto a collective work, as a part of a motion picture or otheraudiovisual work, as a translation, as a supplementary work, as acompilation, as an instructional text, as a test, as answer materialfor a test, or as an atlas, if the parties expressly agree in a writteninstrument signed by them that the work shall be considered a work madefor hire. For the purpose of the foregoing sentence, a "supplementarywork" is a work prepared for publication as a secondary adjunct to awork by another author for the purpose of introducing, concluding,illustrating, explaining, revising, commenting upon, or assisting inthe use of the other work, such as forewords, afterwords, pictorialillustrations, maps, charts, tables, editorial notes, musicalarrangements, answer material for tests, bibliographies, appendixes,and indexes, and an "instructional text" is a literary, pictorial, orgraphic work prepared for publication and with the purpose of use insystematic instructional activities.Section 102. Subject matter of copyright: In general.(a) Copyright protection subsists, in accordance with this title, inoriginal works of authorship fixed in any tangible medium ofexpression, now known or later developed, from which they can beperceived, reproduced, or otherwise communicated, either directly orwith the aid of a machine or device. Works of authorship include thefollowing categories:(1) literary works: (2) musical works, including any accompanyingwords; (3) dramatic works, including any accompanying music; (4)pantomimes and choreographic works; (5) pictorial, graphic, andsculptural works; (6) motion pictures and other audiovisual works; and(7) sound recordings.(b) In no case does copyright protection for an original work ofauthorship extend to any idea, procedure, process, system, method ofoperation, concept, principle, or discovery, regardless of the form inwhich it is described, explained, illustrated, or embodied in such work.Section 103. Subject matter of copyright: Compilations and derivativeworks.(a) The subject matter of copyright as specified by section 102includes compilations and derivative works, but protection for a workemploying preexisting material in which copyright subsists does notextend to any part of the work in which such material has been usedunlawfully.(b) The copyright in a compilation or derivative work extends only tothe material contributed by the author of such work, as distinguishedfrom the preexisting material employed in the work, and does not implyany exclusive right in the preexisting material. The copyright in suchwork is independent of, and does not affect or enlarge the scope,duration, ownership, or subsistence of, any copyright protection in thepreexisting material.Section 104. Subject matter of copyright: National origin.(a) Unpublished Works.--The works specified by sections 102 and 103,while unpublished, are subject to protection under this title withoutregard to the nationality or domicile of the author.(b) Published Works.--The works specified by section 102 and 103, whenpublished, are subject to protection under this title if--(1) on the date of first publication, one or more of the authors is anational or domiciliary of the United States, or is a national,domiciliary, or sovereign authority of a foreign nation that is a partyto a copyright treaty to which the United States is also a party, or isa stateless person, wherever that person may be domiciled; or(2) the work is first published in the United States or in a foreignnation that, on the date of first publication, is a party to theUniversal Copyright Convention; or(3) the work is first published by the United Nations or any of itsspecialized agencies, or by the Organization of American States; or(4) the work comes within the scope of a Presidential proclamation.Whenever the President finds that a particular foreign nation extends,to works by authors who are nationals or domiciliaries of the UnitedStates or to works that are first published in the United States,copyright protection on substantially the same basis as that on whichthe foreign nation extends protection to works of its own nationals anddomiciliaries and works first published in that nation, the Presidentmay by proclamation extend protection under this title to works ofwhich one or more of the authors is, on the date of first publication,a national, domiciliary, or sovereign authority of that nation, orwhich was first published in that nation. The President may revise,suspend, or revoke any such proclamation or impose any conditions orlimitations on protection under a proclamation.Section 105. Subject matter of copyright: United States Governmentworks.Copyright protection under this title is not available for any work ofthe United States Government, but the United States Government is notprecluded from receiving and holding copyrights transferred to it byassignment, bequest, or otherwise.Section 106. Exclusive rights in copyrighted works.Subject to sections 107 through 118, the owner of copyright under thistitle has the exclusive rights to do and to authorize any of thefollowing:(1) to reproduce the copyrighted work in copies or phonorecords;(2) to prepare derivative works based upon the copyrighted work;(3) to distribute copies or phonorecords of the copyrighted work to thepublic by sale or other transfer of ownership, or by rental, lease, orlending;(4) in the case of literary, musical, dramatic, and choreographicworks, pantomimes, and motion pictures and other audiovisual works, toperform the copyrighted work publicly; and(5) in the case of literary, musical, dramatic, and choreographicworks, pantomimes, and pictorial, graphic, or sculptural works,including the individual images of a motion picture or otheraudiovisual work, to display the copyrighted publicly.Section 107. Limitations on exclusive rights: Fair use.Notwithstanding the provisions of section 106, the fair use of acopyrighted work, including such use by reproduction in copies orphonorecords or by any other means specified by that section, forpurposes such as criticism, comment, news reporting, teaching(including multiple copies for classroom use), scholarship, orresearch, is not an infringement of copyright. In determining whetherthe use made of a work in any particular case is a fair use the factorsto be considered shall include--(1) the purpose and character of the use, including whether such use isof a commercial nature or is for nonprofit educational purposes;(2) the nature of the copyrighted work;(3) the amount and substantiality of the portion used in relation tothe copyrighted work as a whole; and(4) the effect of the use upon the potential market for or value of thecopyrighted work.Section 108. Limitations on exclusive rights: Reproduction bylibraries and archives.(a) Notwithstanding the provisions of section 106, it is not aninfringement of copyright for a library or archives, or any of itsemployees acting within the scope of their employment, to reproduce nomore than one copy or phonorecord of a work, or to distribute such copyor phonorecord, under the conditions specified by this section, if--(1) the reproduction or distribution is made without any purpose ofdirect 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 orarchives or with the institution of which it is a part, but also toother persons doing research in a specialized field; and(3) the reproduction or distribution of the work includes a notice ofcopyright.(b) The rights of reproduction and distribution under this sectionapply to a copy or phonorecord of any unpublished work duplicated infacsimile form solely for purposes of preservation and security or fordeposit for research use in another library or archives of the typedescribed by clause (2) of subsection (a), if the copy or phonorecordreproduced is currently in the collections of the library or archives.(c) The right of reproduction under this section applies to a copy orphonorecord of a published work duplicated in facsimile form solely forthe purpose of replacement of a copy or phonorecord that is damaged,deteriorating, lost, or stolen, if the library or archives has, after areasonable effort, determined that an unused replacement cannot beobtained at a fair price.(d) The rights of reproduction and distribution under this sectionapply to a copy, made from the collection of a library or archiveswhere the user makes his or her request or from that of another libraryor archives, of no more than one article or other contribution to acopyrighted collection or periodical issue, or to a copy or phonorecordof a small part of any other copyrighted work if--(1) the copy or phonorecord becomes the property of the user, and thelibrary or archives has had no notice that the copy or phonorecordwould be used for any purpose other than private study, scholarship, orresearch; and(2) the library or archives displays prominently, at the place whereorders are accepted, and includes on its order form, a warning ofcopyright in accordance with requirements that the Register ofCopyrights shall prescribe by regulation.(e) The rights of reproduction and distribution under this sectionapply to the entire work, or to a substantial part of it, made from thecollection of a library or archives where the user makes his or herrequest or from that of another library or archives, if the library orarchives has first determined, on the basis of a reasonableinvestigation, that a copy or phonorecord of the copyrighted workcannot be obtained at a pair (sic) prices, if--(1) the copy or phonorecord becomes the property of the user, and thelibrary or archives has had no notice that the copy or phonorecordwould be used for any purpose other than private study, scholarship, orresearch; and(2) the library or archives displays prominently, at the place whereorders are accepted, and includes on its order form, a warning ofcopyright in accordance with requirements that the Register ofCopyrights shall prescribe by regulation.(f) Nothing in this section--(1) shall be construed to impose liability for copyright infringementupon a library or archives or its employees for the unsupervised use ofreproducing equipment located on its premises: Provided, That suchequipment displays a notice that the making of a copy may be subject tothe copyright law;(2) excuses a person who uses such reproducing equipment or whorequests a copy or phonorecord under subsection (d) from liability forcopyright infringement for any such act, or for any later use of suchcopy or phonorecord, if it exceeds fair use as provided by section 107;(3) shall be construed to limit the reproduction and distribution bylending of a limited number of copies and excerpts by a library orarchives of an audiovisual new program, subject to clauses (1), (2),and (3) of subsection (a); or(4) in any way affects the rights of fair use as provided by section107, or any contractual obligations assumed at any time by the libraryor archives when it obtained a copy or phonorecord of a work in itscollections.(g) The rights of reproduction and distribution under this sectionextend to the isolated and unrelated reproduction or distribution of asingle copy or phonorecord of the same material on separate occasions,but do not extend to cases where the library or archives, or itsemployee--(1) is aware or has substantial reason to believe that it is engagingin the related or concerted reproduction or distribution of multiplecopies or phonorecords of the same material, whether made on oneoccasion or over a period of time, and whether intended for aggregateuse by one or more individuals or for separate use by the individualmembers of a group; or(2) engages in the systematic reproduction or distribution of single ormultiple copies or phonorecords of material described in subsection(d): Provided, That nothing in this cause prevents a library orarchives from participating in interlibrary arrangements that do nothave as their purpose or effect, that the library or archives receivingsuch copies or phonorecords for distribution does so in such aggregatequantities as to substitute for a subscription to or purchase of suchwork.(h) The rights of reproduction and distribution under the section donot apply to a musical work, a pictorial, graphic or sculptural work,or a motion picture or other audiovisual work other than an audiovisualwork dealing with news, except that no such limitation shall apply withrespect to right granted by subsections (b) and (c), or with respect topictorial or graphic works published as illustrations, diagrams, orsimilar adjuncts to works of which copies are reproduced or distributedin accordance with subsections (d) and (e).(i) Five years from the effective date of this Act, and at five-yearintervals thereafter, the Register of Copyrights, after consulting withrepresentatives of authors, book and periodical publishers, and otherowners of copyrighted materials, and with representatives of libraryusers and librarians, shall submit to the Congress a report settingforth the extent to which this section has achieved the intendedstatutory balancing of the rights of creators, and the needs of users.The report should also describe any problems that may have arisen, andpresent legislative or other recommendations, if warranted.Section 109. Limitations on exclusive rights: Effect of transfer ofparticular copy or phonorecord.(a) Notwithstanding the provisions of section 106(3), the owner of aparticular copy or phonorecord lawfully made under this title, or anyperson authorized by such owner, is entitled, without the authority ofthe copyright owner, to sell or otherwise dispose of the possession ofthat copy or phonorecord.(b) (1) Notwithstanding the provisions of subsection (a), unlessauthorized by the owners of copyright in the sound recording and in themusical works embodied therein, the owner of a particular phonorecordmay not, for purposes of direct or indirect commercial advantage,dispose of, or authorize the disposal of, the possession of thatphonorecord by rental, lease, or lending, or by any other act orpractice in the nature of rental, lease, or lending. Nothing in thepreceding sentence shall apply to the rental, lease, or lending of aphonorecord for nonprofit purposes by a nonprofit library or nonprofiteducational institution.(2) Nothing in this subsection shall affect any provision of theantitrust laws. For purposes of the preceding sentence, "antitrustlaws" has the meaning given that term in the first section of theClayton Act and includes section 5 or the Federal Trade Commission Actto the extent that section relates to unfair methods of competition.(3) Any person who distributes a phonorecord in violation of clause (1)is an infringer of copyright under section 501 of this title and issubject to the remedies set forth in sections 502, 503, 504, 505, and509. Such violation shall not be a criminal offense under section 506or cause such person to be subject to the criminal penalties set forthin section 2319 of title 18.(c) Notwithstanding the provisions of section 106(5), the owner of aparticular copy lawfully made under this title, or any personauthorized by such owner, is entitled, without the authority of thecopyright owner, to display that copy publicly, either directly or bythe projection of no more than one image at a time, to viewers presentat the place where the copy is located.(d) The privileges prescribed by subsections (a) and (b) [so asamended, should be "(a) and (c)"] do not, unless authorized by thecopyright owner, extend to any person who has acquired possession ofthe copy or phonorecord from the copyright owner, by rental, lease,loan, or otherwise, without acquiring ownership of it.Section 110. Limitations on exclusive rights: Exemption of certainperformances and displays.Notwithstanding the provisions of section 106, the following are notinfringements of copyright:(1) performance or display of a work by instructors or pupils in thecourse of face-to-face teaching activities of a nonprofit educationalinstitution, in a classroom or similar place devoted to instruction,unless, in the case of a motion picture or other audiovisual work, theperformance, or the display of individual images, is given by means ofa copy that was not lawfully made under this title, and that the personresponsible for the performance knew or had reason to believe was notlawfully made;(2) performance of a nondramatic literary or musical work or display ofa work, by or in the course of a transmission, if--(A) the performance or display is a regular part of the systematicinstructional activities of a governmental body or a nonprofiteducational institution; and(B) the performance or display is directly related and of assistance tothe teaching content of the transmission; and(C) the transmission is made primarily for--(i) reception in classrooms or similar places normally to instruction,or(ii) reception by persons to whom the transmission is because theirdisabilities or other special circumstances prevent their attendance inclassrooms or similar places normally devoted to instruction, or(iii) reception by officers or employees of governmental bodies as apart of their official duties or employment;(3) performance of a nondramatic literary or musical work or of adramatico-musical work of a religious nature, or display of a work inthe course of services at a place of worship or other religiousassembly;(4) performance of a nondramatic literary or musical work otherwisethan in a transmission to the public, without any purpose of direct orindirect commercial advantage and without payment of any fee or othercompensation for the performance to any of its performers, promoters,or organizers, if--(A) there is no direct or indirect admission charge; or(B) the proceeds, after deducting the reasonable costs of producing theperformance, are used exclusively for educational, religious, orcharitable purposes and not for private financial gain, except wherethe copyright owner has served notice of objection to the performanceunder the following conditions;(i) the notice shall be in writing and signed by the copyright owner orsuch owner's duly authorized agent; and(ii) the notice shall be served on the person responsible for theperformance at least seven days before the date of the performance, andshall state the reasons for the objection; and(iii) the notice shall comply, in form, content, and manner of service,with requirements that the Register of Copyrights shall prescribe byregulation; (5) communication of a transmission embodying a performanceor display of a work by the public reception of the transmission on asingle receiving apparatus of a kind commonly used in private homes,unless--(A) a direct charge is made to see or hear the transmission; or(B) the transmission thus received is further transmitted to the public;(6) performance of a nondramatic musical work by a governmental body ora nonprofit agricultural or horticultural organization, in the courseof an annual agricultural or horticultural fair or exhibition conductedby such body or organization; the exemption provided by this clauseshall extend to any liability for copyright infringement that wouldotherwise be imposed on such body or organization, under doctrines ofvicarious liability or related infringement, for a performance by aconcessionaire, business establishment, or other person at such fair orexhibition, but shall not excuse any such person from liability for theperformance;(7) performance of a nondramatic musical work by a vendingestablishment open to the public at large without any direct orindirect admission charge, where the sole purpose of the performance isto promote the retail sale of copies or phonorecords of the work, andthe performance is not transmitted beyond the place where theestablishment is located and is within the immediate area where thesale is occurring;(8) performance of a nondramatic literary work, by or in the course ofa transmission specifically designed for and primarily directed toblind or other handicapped persons who are unable to read normalprinted material as a result of their handicap, or deaf or otherhandicapped persons who are unable to hear the aural signalsaccompanying a transmission of visual signals, if the performance ismade without any purpose of direct or indirect commercial advantagesand its transmission is made through the facilities of:(i) a governmental body; or(ii) a noncommercial educational broadcast station (as defined in section 397 of title 47); or(iii) a radio subcarrier authorization (as defined in 47 CFR 73.293-73.295 and 73.593-73.595); or(iv) a cable system (as defined in section 111(f));(9) performance on a single occasion of a dramatic literary workpublished at least ten years before the date of the performance, by orin the course of a transmission specifically designed for and primarilydirected to blind or other handicapped persons who are unable to readnormal printed material as a result of their handicap, if theperformance is made without any purpose of direct or indirectcommercial advantage and its transmission is made through thefacilities of a radio subcarrier authorization referred to in clause(8)(iii), Provided, That the provisions of this clause shall not beapplicable to more than one performance of the same work by the sameperformers or under the auspices of the same organization.(10) notwithstanding paragraph 4 above, the following is not aninfringement of copyright: performance of a nondramatic literary ormusical work in the course of a social function which is organized andpromoted by a nonprofit veterans' organization or a nonprofit fraternalorganization to which the general public is not invited, but notincluding the invitees of the organizations, if the proceeds from theperformance, after deducting the reasonable costs of producing theperformance, are used exclusively for charitable purposes and not forfinancial gain. For purposes of this section the social functions ofany college or university fraternity or sorority shall not be includedunless the social function is held solely to raise funds for a specificcharitable purpose.Section 111. Limitations on exclusive rights: Secondary transmissions.(a) Certain Secondary Transmissions Exempted.--The secondarytransmission of a primary transmission embodying a performance ordisplay of a work is not an infringement of copyright if--(1) the secondary transmission is not made by a cable system, andconsists entirely of the relaying, by the management of a hotel,apartment house, or similar establishment, or signals transmitted by abroadcast station licensed by the Federal Communications Commission,within the local service area of such station, to the private lodgingsof guests or residents of such establishment, and no direct charge ismade to see or hear the secondary transmission; or(2) the secondary transmission is made solely for the purpose and underthe conditions specified by clause (2) of section 110; or(3) the secondary transmission is made by any carrier who has no director indirect control over the content or selection of the primarytransmission or over the particular recipients of the secondarytransmission, and whose activities with respect to the secondarytransmission consist solely of providing wires, cables, or othercommunications channels for the use of others: Provided, That theprovisions of this clause extend only to the activities of said carrierwith respect to secondary transmissions and do not exempt fromliability the activities of others with respect to their own primary orsecondary transmissions; or(4) the secondary transmission is not made by a cable system but ismade by a governmental body, or other nonprofit organization, withoutany purpose of direct or indirect commercial advantage, and withoutcharge to the recipients of the secondary transmission other thanassessments necessary to defray the actual and reasonable costs ofmaintaining and operating the secondary transmission service.(b) Secondary Transmission of Primary Transmission to ControlledGroup.--Notwithstanding the provisions of subsections (a) and (c), thesecondary transmission to the public of a primary transmissionembodying a performance or display of a work is actionable as an act ofinfringement under section 501, and is fully subject to the remediesprovided by sections 502 through 506 and 509, if the primarytransmission is not made for reception by the public at large but iscontrolled and limited to reception by particular members of thepublic; Provided, however, That such secondary transmission is notactionable as an act of infringement if--(1) the primary transmission is made by a broadcast station licensed bythe Federal Communication; and(2) the carriage of the signals comprising the secondary transmissionis required under the rules, regulations, or authorizations of theFederal Communications Commission; and(3) the signal of the primary transmitter is not altered or changed inany way by the secondary transmitter.(c) Secondary Transmissions by Cable Systems--(1) Subject to the provisions of clauses (2), (3), and (4) of thissubsection, secondary transmissions to the public by a cable system ofa primary transmission made by a broadcast station licensed by theFederal Communications Commission or by an appropriate governmentalauthority of Canada or Mexico and embodying a performance or display ofa work shall be subject to compulsory licensing upon compliance withthe requirements of subsection (d) where the carriage of the signalscomprising the secondary transmission is permissible under the rules,regulations, or authorizations of the Federal Communications Commission.(2) Notwithstanding the provisions of clause (1) of this subsection,the willful or repeated secondary transmission to the public by a cablesystem of a primary transmission made by a broadcast station licensedby the Federal Communications Commission or by an appropriategovernmental authority of Canada or Mexico and embodying a performanceor display of a work is actionable as an act of infringement undersection 501, and is fully subject to the remedies provided by sections502 through 506 and 509, in the following cases:(A) where the carriage of the signals comprising the secondarytransmission is not permissible under the rules, regulations, orauthorizations of the Federal Communications Commission; or(B) where the cable system has not recorded the notice specified bysubsection (d) and deposited the statement of account and royalty feerequired by subsection (d).(3) Notwithstanding the provisions of clause (1) of this subsection andsubject to the provisions of subsection (e) of this section, thesecondary transmission to the public by a cable system of a primarytransmission made by a broadcast station licensed by the FederalCommunications Commission or by an appropriate governmental authorityof Canada or Mexico and embodying a performance or display of a work isactionable as an act of infringement under section 501, and is fullysubject to the remedies provided by sections 502 through 506 andsections 509 and 510, if the content of the particular program in whichthe performance or display is embodied, or any commercial advertisingor station announcements transmitted by the primary transmitter during,or immediately before or after, the transmission of such program, is inany way willfully altered by the cable system through changes,deletions, or additions, except for the alteration, deletion, orsubstitution of commercial advertising market research: *Provided*,That the research company has obtained the prior consent of theadvertiser who has purchased the original commercial advertisement, thetelevision station broadcasting that commercial advertisement, and thecable system performing the secondary transmissions:*And provided further*, That such commercial alteration, deletion, orsubstitution is not performed for the purpose of deriving income fromthe 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 primarytransmission made by a broadcast station licensed by an appropriategovernmental authority of Canada or Mexico and embodying a performanceor display of a work is actionable as an act of infringement undersection 501, and is fully subject to the remedies provided by sections502 through 506 and section 509, if (A) with respect to Canadiansignals, the community of the cable system is located more than 150miles for the United States-Canadian border and is also located southof the forty-second parallel of latitude, or (B) with respect toMexican signals, the secondary transmission is made by a cable systemwhich received the primary transmission by means other than directinterception of a free space radio wave emitted by such broadcasttelevision station, unless prior to April 15, 1976, such cable systemwas actually carrying, or was specifically authorized to carry, thesignal of such foreign station on the system pursuant to the rules,regulations, or authorizations of the Federal Communications Commission.(d) Compulsory License for Secondary Transmissions by Cable Systems--(1) For any secondary transmission to be subject to compulsorylicensing under subsection (c), the cable system shall, at least onemonth before the date of the commencement of operations of the cablesystem or within one hundred and eighty days after the enactment ofthis Act, whichever is later, and thereafter within thirty days aftereach occasion on which the ownership or control or the signal carriagecomplement of the cable system changes, record in the Copyright Officea notice including a statement of identity and address of the personwho owns or operates the secondary transmission service or has power toexercise primary control over it, together with the name and locationof the primary transmitter or primary transmitters whose signals areregularly carried by the cable system, and thereafter, from time totime, such further information as the Register of Copyrights, afterconsultation with the Copyright Royalty Tribunal (if and when theTribunal has been constituted), shall prescribe by regulation to carryout the purpose of this clause.(2) A cable system whose secondary transmissions have been subject tocompulsory licensing under subsection (c) shall, on a semiannual basis,deposit with the Register of Copyrights, in accordance withrequirements that the Register shall, after consultation with theCopyright Royalty Tribunal (if and when the Tribunal has beenconstituted), prescribe by regulation--(A) a statement of account, covering the six months next preceding,specifying the number of channels on which the cable system madesecondary transmissions to its subscribers, the names and locations ofall primary transmitters whose transmissions to its subscribers, thenames and locations of all primary transmitters whose transmissionswere further transmitted by the cable system, the total number ofsubscribers, the gross amounts paid to the cable system for the basicservice of providing secondary transmissions of primary broadcasttransmitters, and such other data as the Register of Copyrights may,after consultation with the Copyright Royalty Tribunal (if and when theTribunal has been constituted), from time to time prescribe byregulation. Such statement shall also include a special statement ofaccount covering any nonnetwork television programming that was carriedby the cable system in whole or in part beyond the local service areaof the primary transmitter, under rules, regulations, or authorizationsof the Federal Communications Commission permitting the substitution oraddition of signals under certain circumstances, together with logsshowing the times, dates, stations, and programs involved in suchsubstituted or added carriage; and(B) except in the case of a cable system whose royalty is specified insubclause (C) or (D), a total royalty fee for the period covered by thestatement, computed on the basis of specified percentages of the grossreceipts from subscribers to the cable service during said period forthe basic service of providing secondary transmissions of primarybroadcast transmitters, as follows:(i) 0.675 of 1 per centum of such gross receipts for the privilege offurther transmitting any nonnetwork programing of a primary transmitterin whole or in part beyond the local service area of such primarytransmitter, such amount to be applied against the fee, if any, payablepursuant to paragraphs (ii) through (iv);(ii) 0.675 of 1 per centum of such gross receipts for the first distantsignal equivalent;(iii) 0.425 of 1 per centum of such gross receipts for each of thesecond, third, and fourth distant signal equivalents;(iv) 0.2 of 1 per centum of such gross receipts for the fifth distantsignal equivalent and each additional distant signal equivalentthereafter; and in computing the amounts payable under paragraph (ii)through (iv), above, any fraction of a distant signal equivalent shallbe computed at its fractional value and, in the case of any cablesystem located partly within and partly without the local service areaof a primary transmitter, gross receipts shall be limited to thosegross receipts derived from subscribers located without the localservice area of such primary transmitter; and(C) if the actual gross receipts paid by subscribers to a cable systemfor the period covered by the statement for the basic service ofproviding secondary transmissions of primary broadcast transmitterstotal $80,000 or less, gross receipts of the cable system for thepurpose of this subclause shall be computed by subtracting from suchactual gross receipts the amount by which $80,000 exceeds such actualgross receipts, except that in no case shall a cable system's grossreceipts be reduced to less that $3,000. The royalty fee payable underthis subclause shall be 0.5 of 1 per centum, regardless of the numberof distant signal equivalents, if any; and(D) if the actual gross receipts paid by subscribers to a cable systemfor the period covered by the statement, for the basic service ofproviding secondary transmissions of primary broadcast transmitters,are more than $80,000 but less than $160,000, the royalty fee payableunder this subclause shall be (i) 0.5 of 1 per centum of any grossreceipts up to $80,000; and (ii) 1 per centum of any gross receipts inexcess of $80,000 but less than $160,000, regardless of the number ofdistant signal equivalents, if any.(3) The Register of Copyrights shall receive all fees deposited underthis section and, after deducting the reasonable costs incurred by theCopyright Office under this section, shall deposit the balance in theTreasury of the United States, in such manner as the Secretary of theTreasury directs. All funds held by the Secretary of the Treasuryshall be invested in interest-bearing United States securities forlater distribution with interest by the Copyright Royalty Tribunal asprovided by this title. The Register shall submit to the Copyrightroyalty Tribunal, on a semiannual basis, a compilation of allstatements of account covering the relevant six-month period providedby clause (2) of this subsection.(4) The royalty fees thus deposited shall, in accordance with theprocedures provided by clause (5), be distributed to those among thefollowing copyright owners who claim that their works were the subjectof secondary transmissions by cable systems during the relevantsemiannual period:(A) any such owner whose work was included in a secondary transmissionmade by a cable system of a nonnetwork television program in whole orin part beyond the local service area of the primary transmitter; and(B) any such owner whose work was included in a secondary transmissionidentified in a special statement of account deposited under clause(2)(A); and(C) any such owner whose work was included in nonnetwork programingconsisting exclusively of aural signals carried by a cable system inwhole or in part beyond the local service area of the primarytransmitter of such programs. (5) The royalty fees thus depositedshall be distributed in accordance with the following procedures:(A) During the month of July in each year, every person claiming to beentitled to compulsory license fees for secondary transmissions shallfile a claim with the Copyright Royalty Tribunal, in accordance withrequirements that the Tribunal shall prescribe by regulation.Notwithstanding any provisions of the antitrust laws, for purposes ofthis clause any claimants may agree among themselves as to theproportionate division of compulsory licensing fees among them, maylump their claims together and file them jointly or as a single claim,or may designate a common agent to receive payment on their behalf.(B) After the first day of August of each year, the Copyright RoyaltyTribunal shall determine whether there exists a controversy concerningthe distribution of royalty fees. If the Tribunal determines that nosuch controversy exists, it shall, after deducting its reasonableadministrative costs under this section, distribute such fees to thecopyright owners entitled, or to their designated agents. If theTribunal finds the existence of a controversy, it shall, pursuant tochapter 8 of this title, conduct a proceeding to determine thedistribution of royalty fees.(C) During the pendency of any proceeding under this subsection, theCopyright Royalty Tribunal shall withhold from distribution an amountsufficient to satisfy all claims with respect to which a controversyexists, but shall have discretion to proceed to distribute any amountsthat are not in controversy.(e) Nonsimultaneous Secondary Transmissions by Cable Systems.--(1) Notwithstanding those provisions of the second paragraph ofsubsection(f) relating to nonsimultaneous secondary transmissions by a cablesystem, any such transmissions are actionable as an act of infringementunder section 501, and are fully subject to the remedies provided bysections 502 through 506 and sections 509 and 510, unless--(A) the program on the videotape is transmitted no more than one timeto the cable system's subscribers; and(B) the copyrighted program, episode, or motion picture videotape,including the commercials contained within such program, episode, orpicture, is transmitted without deletion or editing; and(C) an owner or officer of the cable system(i) prevents the duplication of the videotape while in the possessionof the system, (ii) prevents unauthorized duplication while in thepossession of the facility making the videotape for the system if thesystem owns or controls the facility, or takes reasonable precautionsto prevent such duplication if it does not own or control the facility,(iii) takes adequate precautions to prevent duplication while the tapeis being transported, and(iv) subject to clause (2), erases or destroys, or causes the erasureor destruction of, the videotape; and(D) within forty-five days after the end of each calendar quarter, anowner or officer of the cable system executes an affidavit attesting(i) to the steps and precautions taken to prevent duplication of thevideotape, and (ii) subject to clause (2), to the erasure ordestruction of all videotapes made or used during such quarter; and(E) such owner or officer places or causes each such affidavit, andaffidavits received pursuant to clause (2) (C), to be placed in a file,open to public inspection, at such system's main office in thecommunity where the transmission is made or in the nearest communitywhere such system maintains an office; and(F) the nonsimultaneous transmission is one that the cable system wouldbe authorized to transmit under the rules, regulations, andauthorizations of the Federal Communications Commission in effect atthe time of the nonsimultaneous transmission if the transmission hadbeen made simultaneously, except that this subclause shall not apply toinadvertent or accidental transmissions.(2) If a cable system transfers to any person a videotape of a programnonsimultaneously transmitted by it, such transfer is actionable as anact of infringement under section 501, and is fully subject to theremedies provided by sections 502 through 506 and 509, except that,pursuant to a written, nonprofit contract providing for the equitablesharing of the costs of such videotape and its transfer, a videotapenonsimultaneously transmitted by it, in accordance with clause (1), maybe transferred by one cable system in Alaska to another system inAlaska, by one cable system in Hawaii permitted to make suchnonsimultaneous transmissions to another such cable system in Hawaii,or by one cable system in Guam, the Northern Mariana Islands, or theTrust Territory of the Pacific Islands, to another cable system in anyof those three territories, if--(A) each such contract is available for public inspection in theoffices of the cable systems involved, and a copy of such contract isfiled, within thirty days after such contract is entered into, with theCopyright Office (which Office shall make each such contract availablefor public inspection); and(B) the cable system to which the videotape is transferred complieswith clause (1)(A), (B), (C)(i), (iii), and (iv), and (D) through (F);and(C) such system provides a copy of the affidavit required to be made inaccordance with clause (1)(D) to each cable system making a previousnonsimultaneous transmission of the same videotape.(3) This subsection shall not be construed to supersede the exclusivityprotection provisions of any existing agreement, or any such agreementhereafter entered into, between a cable system and a televisionbroadcast station in the area in which the cable system is located, ora network with which such station is affiliated.(4) As used in this subsection, the term "videotape," and each of itsvariant forms, means the reproduction of the images and sounds of aprogram or programs broadcast station licensed by the FederalCommunications Commission, regardless of the nature of the materialobjects, such as tapes or films, in which the reproduction is embodied.(f) Definitions.--As used in this section, the following terms andtheir variant forms mean the following:A "primary transmission" is a transmission made to the public by thetransmitting facility whose signals are being received and furthertransmitted by the secondary transmission service, regardless of whereor when the performance or display was first transmitted.A "secondary transmission" is the further transmitting of a primarytransmission simultaneously with the primary transmission, ornonsimultaneously with the primary transmission if by a "cable system"not located in whole or in part within the boundary of the forty-eightcontiguous States, Hawaii, or Puerto Rico: Provided, however, That anonsimultaneous further transmission by a cable system located inHawaii of a primary transmission shall be deemed to be a secondarytransmission if the carriage of the television broadcast signalcomprising such further transmission is permissible under the rules,regulations, or authorizations of the Federal Communications Commission.A "cable system" is a facility, located in any State, Territory, TrustTerritory, or Possession, that in whole or in part receives signalstransmitted or programs broadcast by one or more television broadcaststations licensed by the Federal Communications Commission, and makessecondary transmission of such signals or programs by wires, cables, orother communications channels to subscribing members of the public whopay for such service. For purposes of determining the royalty feeunder subsection (d)(2), two or more cable systems in contiguouscommunities under common ownership or control or operating from oneheadend shall be considered as one system.The "local service area of a primary transmitter" in the case of atelevision broadcast station, comprises the area in which such stationis entitled to insist upon its signal being retransmitted by a cablesystem pursuant to the rules, regulation, and authorizations of theFederal Communications Commission in effect on April 15, 1976, or inthe case of a television broadcast station licensed by an appropriategovernmental authority of Canada or Mexico, the area in which it wouldbe entitled to insist upon its signal being retransmitted if it were atelevision broadcast station subject to such rules, regulations, andauthorizations.The "local service area of a primary transmitter," in the case of aradio broadcast station, comprises the primary service area of suchstation pursuant to the rules and regulations of the FederalCommunications Commission."In the case of a low power television station, as defined by the rulesand regulations of the Federal Communications Commission, the 'localservice area of a primary transmitter' comprises the area within 35miles of the transmitter site, except that in the case of such astation located in a standard metropolitan statistical area which hasone of the 50 largest populations of all standard metropolitanstatistical areas (based on the 1980 decennial census of populationtaken by the Secretary of Commerce), the number of miles shall be 20miles."A "distant signal equivalent" is the value assigned to the secondarytransmission of any nonnetwork television programing carried by a cablesystem in whole or in part beyond the local service area of the primarytransmitter of such programing. It is computed by assigning a value ofone to each independent station and a value of one-quarter to eachnetwork station and noncommercial educational station for thenonnetwork programing so carried pursuant to the rules, regulations,and authorizations of the Federal Communications Commission. Theforegoing values for independent, network, and noncommercialeducational stations are subject, however, to the following exceptionsand limitations. Where the rules and regulations of the FederalCommunications Commission require a cable system to omit the furthertransmission of a particular program and such rules and regulationsalso permit the substitution of another program embodying a performanceor display of a work in place of the omitted transmission, or wheresuch rules and regulations in effect on the date of enactment of thisAct permit a cable system, at its election, to effect such deletion andsubstitution of a non-live program or to carry additional programs nottransmitted by primary transmitters within whose local service area thecable system is located, no value shall be assigned for the substitutedor additional program; where the rules, regulations, or authorizationsof the Federal Communications Commission in effect on the date ofenactment of this Act permit a cable system, at its election, to omitthe further transmission of a particular program and such rules,regulations, or authorizations also permit the substitution of anotherprogram embodying a performance or display of a work in place of theomitted transmission, the value assigned for the substituted oradditional program shall be, in the case of a live program, the valueof one full distant signal equivalent multiplied by a fraction that hasas its numerator the number of days in the year in which suchsubstitution occurs and as its denominator the number of days in theyear. In the case of a station carried pursuant to the late-night orspecialty programing rules of the Federal Communications Commission, ora station carried on a part-time basis where full-time carriage is notpossible because the cable system lacks the activated channel capacityto retransmit on a full-time basis all signals which it is authorizedto carry, the values for independent, network, and noncommercialeducational stations set forth above, as the case may be, shall bemultiplied by a fraction which is equal to the ratio of the broadcasthours of such station carried by the cable system to the totalbroadcast hours of the station.A "network station" is a television broadcast station that is owned oroperated by, or affiliated with, one or more of the television networksin the United States providing nationwide transmissions, and thattransmits a substantial part of the programing supplied by suchnetworks for a substantial part of that station's typical broadcast day.An "independent station" is a commercial television broadcast stationother than a network station.A "noncommercial educational system" is a television station that is anoncommercial educational broadcast station as defined in section 397of title 47.Section 112. Limitations on exclusive rights: Ephemeral recordings.(a) Notwithstanding the provisions of section 106, and except in thecase of a motion picture or other audiovisual work, it is not aninfringement of copyright for a transmitting organization entitled totransmit to the public a performance or display of a work, under alicense or transfer of the copyright or under the limitations onexclusive rights in sound recordings specified by section 114(a), tomake no more than one copy or phonorecord of a particular transmissionprogram embodying the performance or display, if--(1) the copy or phonorecord is retained and used solely by thetransmitting organization that made it, and no further copies orphonorecords are reproduced from it; and(2) the copy or phonorecord is used solely for the transmittingorganization's own transmissions within its local service area, or forpurposes of archival preservation or security; and(3) unless preserved exclusively for archival purposes, the copy orphonorecord is destroyed within six months from the date thetransmission program was first transmitted to the public.(b) Notwithstanding the provisions of section 106, it is not aninfringement of copyright for a governmental body or other nonprofitorganization entitled to transmit a performance or display of a work,under section 110(2) or under the limitations on exclusive rights insound recordings specified by section 114(a), to make no more thanthirty copies or phonorecords of a particular transmission programembodying the performance or display, if-- (1) no further copies orphonorecords are reproduced from the copies or phonorecords made underthis clause; and(2) except for one copy or phonorecord that may be preservedexclusively for archival purposes, the copies or phonorecords aredestroyed within seven years from the date the transmission program wasfirst transmitted to the public.(c) Notwithstanding the provisions of section 106, it is not aninfringement of copyright for a governmental body or other nonprofitorganization to make for distribution no more than one copy orphonorecord, for each transmitting organization specified in clause (2)of this subsection, of a particular transmission program embodying aperformance of a nondramatic musical work of a religious nature, or ofa sound recording of such a musical work, if--(1) there is no direct or indirect charge for making or distributingany such copies or phonorecords; and(2) none of such copies or phonorecords is used for any performanceother than a single transmission to the public by a transmittingorganization entitled to transmit to the public a performance of thework under a license or transfer of the copyright; and(3) except for one copy or phonorecord that may be preservedexclusively for archival purposes, the copies or phonorecords are alldestroyed within one year from the date the transmission program wasfirst transmitted to the public.(d) Notwithstanding the provisions of section 106, it is not aninfringement of copyright for a governmental body or other nonprofitorganization entitled to transmit a performance of a work under section110(8) to make more than ten copies or phonorecords embodying theperformance, or to permit the use of any such copy or phonorecord byany governmental body or nonprofit organization entitled to transmit aperformance of a work under section 110(8), if--(1) any such copy or phonorecord is retained and used solely by theorganization that made it, or by a governmental body or nonprofitorganization entitled to transmit a performance of a work under section110(8), and no further copies or phonorecords are reproduced from it;and(2) any such copy or phonorecord is used solely for transmissionsauthorized under section 110(8), or for purposes or archivalpreservation or security; and(3) the governmental body or nonprofit organization permitting any useof any such copy or phonorecord by any governmental body or nonprofitorganization under this subsection does not make any charge for suchuse.(e) The transmission program embodied in a copy or phonorecord madeunder this section is not subject to protection as derivative workunder this title except with the express consent of the owners ofcopyright in the preexisting works employed in the program.Section 113. Scope of exclusive rights in pictorial, graphic, andsculptural work.(a) Subject to the provisions of subsections (b) and (c) of thissection, the exclusive right to reproduce a copyrighted pictorial,graphic, or sculptural work in copies under section 106 includes theright to reproduce the work in or on any kind of article, whetheruseful or otherwise.(b) This title does not afford, to the owner of copyright in a workthat portrays a useful article as such, any greater or lesser rightswith respect to the making, distribution, or display of the usefularticle so portrayed than those afforded to such works under the law,whether title 17 or the common law or statutes of a State, in effect onDecember 31, 1977, as held applicable and construed by a court in anaction brought under this title.(c) In the case of a work lawfully reproduced in useful articles thathave been offered for sale or other distribution to the public,copyright does not include any right to prevent the making,distribution, or display of pictures or photographs of such articles inconnection with advertisements or commentaries related to thedistribution or display of such articles, or in connection with newsreports.Section 114. Scope of exclusive rights in sound recordings.(a) The exclusive rights of the owner of copyright in a sound recordingare limited to the rights specified by clauses (1), (2), and (3) ofsection 106, and do not include any right of performance under section106(4).(b) The exclusive right of the owner of copyright in a sound recordingunder clause (1) of section 106 is limited to the right to duplicatethe sound recording in the form of phonorecords, or of copies of motionpictures and other audiovisual works, that directly or indirectlyrecapture the actual sounds fixed in the recording. The exclusiveright of the owner of copyright in a sound recording under clause (2)of section 106 is limited to the right to prepare a derivative work inwhich the actual sounds fixed in the sound recording are rearranged,remixed, or otherwise altered in sequence or quality. The exclusiverights of the owner of copyright in a sound recording under clauses (1)and (2) of section 106 do not extend to the making or duplication ofanother sound recording that consists entirely of an independentfixation of other sounds, even though such sounds imitate or simulatethose in the copyrighted sound recording. The exclusive rights of theowner of copyright in a sound recording under clauses (1), (2), and (3)of section 106 do not apply to sound recordings included in educationaltelevision and radio programs (as defined in section 397 of title 47)distributed or transmitted by or through public broadcasting entities(as defined by section 118(g): Provided, That copies or phonorecords ofsaid programs are not commercially distributed by or through publicbroadcasting entities to the general public.(c) This section does not limit or impair the exclusive right toperform publicly, by means of a phonorecord, any of the works specifiedby section 106(4).(d) On January 3, 1978, the Register of Copyrights, after consultingwith representatives of owners of copyrighted materials,representatives of the broadcasting, recording, motion picture,entertainment industries, and arts organizations, representatives oforganized labor and performers of copyrighted materials, shall submitto the Congress a report setting forth recommendations as to whetherthis section should be amended to provide for performers and copyrightowners of copyrighted material any performance rights in such material.The report should describe the status of such rights in foreigncountries, the views of major interested parties, and specificlegislative or other recommendations, if any.Section 115. Scope of exclusive rights in nondramatic musical works:Compulsory license for making and distributing phonorecords.In the case of nondramatic musical works, the exclusive rights providedby clauses (1) and (3) of section 106, to make and to distributephonorecords of such works, are subject to compulsory licensing underthe conditions specified by this section.(a) Availability and Scope of Compulsory License.--(1) When phonorecords of a nondramatic musical work have beendistributed to the public in the United States under the authority ofthe copyright owner, any other person may, by complying with theprovisions of this section, obtain a compulsory license only if his orher primary purpose in making phonorecords is to distribute them to thepublic for private use. A person may obtain a compulsory license foruse of the work in the making of phonorecords duplicating a soundrecording fixed by another, unless: (i) such sound recording was fixedlawfully; and (ii) the making of the phonorecords was authorized by theowner of copyright in the sound recording or, if the sound recordingwas fixed before February 15, 1972, by any person who fixed the soundrecording pursuant to an express license from the owner of thecopyright in the musical work or pursuant to a valid compulsory licensefor use of such work in a sound recording.(2) A compulsory license includes the privilege of making a musicalarrangement of the work to the extent necessary to conform it to thestyle or manner of interpretation of the performance involved, but thearrangement shall not change the basic melody or fundamental characterof the work, and shall not be subject to protection as a derivativework under this title, except with the express consent of the copyrightowner.(b) Notice of Intention to Obtain Compulsory License.--(1) Any person who wishes to obtain a compulsory license under thissection shall, before or within thirty days after making and beforedistributing any phonorecords of the work, serve notice of intention todo so on the copyright owner. If the registration or other publicrecords of the Copyright Office do not identify the copyright owner andinclude an address at which notice can be served, it shall besufficient to file the notice of intention in the Copyright Office.The notice shall comply, in form, content, and manner of service, withrequirements that the Register of Copyrights shall prescribe byregulation.(2) Failure to serve or file the notice required by clause (1)forecloses the possibility of a compulsory license and, in the absenceof a negotiated license, renders the making and distribution ofphonorecords actionable as acts of infringement under section 501 andfully subject to the remedies provided by sections 502 through 506 and509.(c) Royalty Payable Under Compulsory Licence--(1) To be entitled to receive royalties under a compulsory license, thecopyright owner must be identified in the registration or other publicrecords of the Copyright Office. The owner is entitled to royaltiesfor phonorecords made and distributed after being so identified, but isnot entitled to recover for any phonorecords previously made anddistributed.(2) Except as provided by clause (1), the royalty under a compulsorylicense shall be payable for every phonorecord made and distributed inaccordance with the license. For this purpose, a phonorecord isconsidered "distributed" if the person exercising the compulsorylicense has voluntarily and permanently parted with its possession.With respect to each work embodied in the phonorecord, the royaltyshall be either two and three-fourths cents, or one-half of one centper minute of playing time or fraction thereof, which amount is larger.(3) A compulsory license under this section includes the right of themaker of a phonorecord of a nondramatic musical work under subsection(a)(1) to distribute or authorize distribution of such phonorecord byrental, lease, or lending (or by acts or practices in the nature ofrental, lease, or lending). In addition to any royalty payable underclause (2) and chapter 8 of this title, a royalty shall be payable bythe compulsory licensee for every act of distribution of a phonorecordby or in the nature of rental, lease, or lending, by or under theauthority of the compulsory licensee. With respect to each nondramaticmusical work embodied in the phonorecord, the royalty shall be aproportion of the revenue received by the compulsory licensee fromevery such act of distribution of the phonorecord under this clauseequal to the proportion of the revenue received by the compulsorylicensee from distribution of the phonorecord under clause (2) that ispayable by a compulsory licensee under that clause and under chapter 8.The Register of Copyrights shall issue regulations to carry out thepurpose of this clause.(4) Royalty payments shall be made on or before the twentieth day ofeach month and shall include all royalties for the month nextpreceding. Each monthly payment shall be made under oath and shallcomply with requirements that the Register of Copyrights shallprescribe by regulation. The Register shall also prescribe regulationsunder which detailed cumulative annual statements of account, certifiedby a certified public accountant, shall be filed for every compulsorylicense under this section. The regulations covering both the monthlyand the annual statements of account shall prescribe the form, content,and manner of certification with respect to the number of records madeand the number of records distributed.(5) If the copyright owner does not receive the monthly payment and themonthly and annual statements of account when due, the owner may givewritten notice to the licensee that, unless the default is remediedwithin thirty days from the date of the notice, the compulsory licensewill be automatically terminated. Such termination renders either themaking or the distribution, or both, of all phonorecords for which theroyalty has not been paid, actionable as acts of infringement undersection 501 and fully subject to the remedies provided by sections 502through 506 and 509.Section 116. Scope of exclusive rights in nondramatic musical works:Public performances by means of coin-operated phonorecord players.(a) Limitation on Exclusive Right.--In the case of a nondramaticmusical work embodied in a phonorecord, the exclusive right underclause (4) of section 106 to perform the work publicly by means of acoin-operated phonorecord player is limited as follows:(1) The proprietor of the establishment in which the public performancetakes place is not liable for infringement with respect to such publicperformance unless--(A) such proprietor is the operator of the phonorecord player; or(B) such proprietor refuses or fails, within one month after receipt byregistered or certified mail of a request, at a time during which thecertificate required by clause (1)(C) of subsection (b) is not affixedto the phonorecord player, by the copyright owner, to make fulldisclosure, by registered or certified mail, of the identity of theoperator of the operator of the phonorecord player.(2) The operator of the coin-operated phonorecord player may obtain acompulsory license to perform the work publicly on that phonorecordplayer by filing the application, affixing the certificate, and payingthe royalties provided by subsection (b).(b) Recordation of Coin-Operated Phonorecord Player, Affixation ofCertificate, and Royalty Payable under Compulsory License.--Anyoperator who wishes to obtain a compulsory license for the publicperformance of works on a coin-operated phonorecord player shallfulfill the following requirements:(A) Before or within one month after such performances are madeavailable on a particular phonorecord player, and during the month ofJanuary in each succeeding year that such performances are madeavailable on that particular phonorecord player, the operator shallfile in the Copyright Office, in accordance with requirements that theRegister of Copyrights, after consultation with the Copyright RoyaltyTribunal (if and when the Tribunal has been constituted), shallprescribe by regulation, an application containing the name and addressof the operator of the phonorecord player and the manufacturer andserial number or other explicit identification of the phonorecordplayer, and deposit with the Register of Copyrights a royalty fee forthe current calendar year of $8 for that particular phonorecord player.If such performances are made available on a particular phonorecordplayer for the first time after July 1 of any year, the royalty fee tobe deposited for the remainder of that year shall be $4.(B) Within twenty days of receipt of an application and a royalty feepursuant to subclause (A), the Register of Copyrights shall issue tothe applicant a certificate for the phonorecord player.(C) On or before March 1 of the year in which the certificateprescribed by subclause (B) of this clause is issued, or within tendays after the date of issue of the certificate, the operator shallaffix to the particular phonorecord player, in a position where it canbe readily examined by the public, the certificate, issued by theRegister of Copyrights under subclause (B) of the latest applicationmade by such operator under subclause (A) of this clause with respectto that phonorecord player.(2) Failure to file the application, to affix the certificate, or topay royalty required by clause (1) of this subsection renders thepublic performance actionable as an act of infringement under section501 and fully subject to the remedies provided by sections 502 through506 and 509.(c) Distribution of Royalties--.(1) The Register of Copyrights shall receive all fees deposited underthis section and, after deducting the reasonable costs incurred by theCopyright Office under this section, shall deposit the balance in theTreasury of the United States, in such manner as the Secretary of theTreasury directs. All funds held by the Secretary of the Treasuryshall be invested in interest-bearing United States securities forlater distribution with interest by the Copyright Royalty Tribunal asprovided by this title. The Register shall submit to the CopyrightRoyalty Tribunal, on an annual bases, a detailed statement of accountcovering all fees received for the relevant period provided bysubsection (b).(2) During the month of January in each year, every person claiming tobe entitled to compulsory license fees under this section forperformances during the preceding twelve-month period shall file aclaim with the Copyright Royalty Tribunal, in accordance withrequirements that the Tribunal shall prescribe by regulation. Suchclaim shall include an agreement to accept as final, except as providedin section 810 of this title, the determination of the CopyrightRoyalty Tribunal in any controversy concerning the distribution ofroyalty fees deposited under subclause (A) of subsection (b)(1) of thissection to which the claimant is a party. Notwithstanding anyprovisions of the antitrust laws, for purposes of this subsection anyclaimants may agree among themselves as to the proportionate divisionof compulsory licensing fees among them, may lump their claims togetherand file them jointly or as a single claim, or may designate a commonagent to receive payment on their behalf.(3) After the first day of October of each year, the Copyright RoyaltyTribunal shall determine whether there exists a controversy concerningthe distribution of royalty fees deposited under subclause (A) ofsubsection (b)(1). If the Tribunal determines that no such controversyexists, it shall, after deducting its reasonable administrative costsunder this section, distribute such fees to the copyright ownersentitled, or to their designated agents. If it finds that such acontroversy exists, it shall, pursuant to chapter 8 of this title,conduct a proceeding to determine the distribution of royalty fees.(4) The fees to be distributed shall be divided as follows:(A) to every copyright owner not affiliated with a performing rightssociety, the pro rata share of the fees to be distributed to which suchcopyright owner proves entitlement.(B) to the performing rights societies, the remainder of the fees to bedistributed in such pro rata shares as they shall by agreementstipulate among themselves, or, if they fail to agree, the pro rateshare to which such performing rights societies prove entitlement.(C) during the pendency of any proceeding under this section, theCopyright Royalty Tribunal shall withhold from distribution an amountsufficient to satisfy all claims with respect to which a controversyexists, but shall have discretion to proceed to distribute any amountsthat are not in controversy.(5) The Copyright Royalty Tribunal shall promulgate regulations underwhich persons who can reasonably be expected to have claims may, duringthe year in which performances take place, without expense to orharassment of operators or proprietors of establishments in whichphonorecord players are located, have such access to suchestablishments and to the phonorecord players located therein and suchopportunity to obtain information with respect thereto as may bereasonably necessary to determine, by sampling procedures or otherwise,the proportion of contribution of the musical works of each such personto the earnings of the phonorecord players for which fees shall havebeen deposited. Any person who alleges that he or she has been deniedthe access permitted under the regulations prescribed by the CopyrightRoyalty Tribunal may bring an action in the United States DistrictCourt for the District of Columbia for the cancellation of thecompulsory license of the phonorecord player to which such access hasbeen denied, and the court shall have the power to declare thecompulsory license thereof invalid from the date of issue thereof.(d) Criminal Penalties.--Any person who knowingly makes a falserepresentation of a material fact in an application filed under clause(1)(A)of subsection (b), or who knowingly alters a certificate issuedunder clause (1)(B) of subsection (b) or knowingly affixes suchcertificate to a phonorecord player other than the one it covers, shallbe fined not more than $2,500.(e) Definitions.--As used in this section, the following terms andtheir variant forms mean the following:(1) A "coin-operated phonorecord player" is a machine or device that--(A) is employed solely for the performance of non-dramatic musicalworks by means of phonorecords upon being activated by insertion ofcoins, currency, tokens, or other monetary units or their equivalent;(B) is located in an establishment making no direct or indirect chargefor admission;(C) is accompanied by a list of titles of all the musical worksavailable for performance on it, which list is affixed to thephonorecord player or posted in the establishment in a prominentposition where it can be readily examined by the public; and(D) affords a choice of works available for performance and permits thechoice to be made by the patrons of the establishment in which it islocated.(2) An "operator" is any person who, alone or jointly with others:(A) owns a coin-operated phonorecord player; or(B) has the power to make a coin-operated phonorecord player availablefor placement in an establishment for purposes of public performance; or(C) has the power to exercise primary control over the selection of themusical works made available for public performance on a coin-operatedphonorecord player.(3) A "performing rights society" is an association or corporation thatlicenses the public performance of nondramatic musical works on behalfof the copyright owners, such as the American Society of Composers,Authors and Publishers, Broadcast Music, Inc., and SESAC, Inc.Section 117. Limitations on exclusive rights: Computer programs.Notwithstanding the provisions of section 106, it is not aninfringement for the owner of a copy of a computer program to make orauthorize the making of another copy or adaptation of that computerprogram provided:(1) that such a new copy or adaptation is created as an essential stepin the utilization of the computer program in conjunction with amachine and that it is used in no other manner, or(2) that such new copy or adaptation is for archival purposes only andthat all archival copies are destroyed in the event that continuedpossession of the computer program should cease to be rightful. Anyexact copies prepared in accordance with the provisions of this sectionmay be leased, sold, or otherwise transferred, along with the copy fromwhich such copies were prepared, only as part of the lease, sale, orother transfer of all rights in the program. Adaptations so preparedmay be transferred only with the authorization of the copyright owner.Section 118. Scope of exclusive rights: Use of certain works inconnection with noncommercial broadcasting.(a) The exclusive rights provided by section 106 shall, with respect tothe works specified by subsection (b) and the activities specified bysubsection (d), be subject to the conditions and limitations prescribedby this section.(b) Not later than thirty days after the Copyright Royalty Tribunal hasbeen constituted in accordance with section 802, the Chairman of theTribunal shall cause notice to be published in the Federal Register ofthe initiation of proceedings for the purpose of determining reasonableterms and rates of royalty payments for the activities specified bysubsection (d) with respect to published nondramatic musical works andpublished pictorial, graphic, and sculptural works during a periodbeginning as provided in clause (3) of this subsection and ending onDecember 31, 1982. Copyright owners and public broadcasting entitiesshall negotiate and agree upon the terms and rates of royalty paymentsand the proportionate division of fees paid among various copyrightowners, and may designate common agents to negotiate, agree to, pay, orreceive payments.(1) Any owner of copyright in a work specified in this subsection orany public broadcasting entity may, within one hundred and twenty daysafter publication of the notice specified in this subsection, submit tothe Copyright Royalty Tribunal proposed licenses covering suchactivities with respect to such works. The Copyright Royalty Tribunalshall proceed on the basis of the proposals submitted to it as well asany other relevant information. The Copyright Royalty Tribunal shallpermit any interested party to submit information relevant to suchproceedings.(2) License agreements voluntarily negotiated at any time between oneor more copyright owners and one or more public broadcasting entitiesshall be given effect in lieu of any determination by the Tribunal:Provided, That copies of such agreements are filed in the CopyrightOffice within thirty days of execution in accordance with regulationsthat the Register of Copyrights shall prescribe.(3) Within six months, but not earlier than one hundred and twentydays, from the date of publication of the notice specified in thissubsection the Copyright Royalty Tribunal shall make a determinationand publish in the Federal Register a schedule of rates and termswhich, subject to clause (2) of this subsection, shall be binding onall owners of copyright in works specified by this subsection andpublic broadcasting entities, regardless of whether or not suchcopyright owners and public broadcasting entities have submittedproposals to the Tribunal. In establishing such rates and terms theCopyright Royalty Tribunal may consider the rates for comparablecircumstances under voluntary license agreements negotiated as providedin clause (2) of this subsection. The Copyright Royalty Tribunal shallalso establish requirements by which copyright owners may receivereasonable notice of the use of their works under this section, andunder which records of such use shall be kept by public broadcastingentities.(4) With respect to the period beginning on the effective date of thistitle and ending on the date of publication of such rates and terms,this title shall not afford to owners of copyright or publicbroadcasting entities any greater or lesser rights with respect to theactivities specified in subsection (d) as applied to works specified inthis subsection than those afforded under the law in effect on December31, 1977, as held applicable and construed by a court in an actionbrought under this title.(c) The initial procedure specified in subsection (b) shall be repeatedand concluded between June 30 and December 31, 1982, and at five-yearintervals thereafter, in accordance with regulations that the CopyrightRoyalty Tribunal shall prescribe(d) Subject to the transitional provisions of subsection (b)(4), and tothe terms of any voluntary license agreements that have been negotiatedas provided by subsection (b)(2), a public broadcasting entity may,upon compliance with the provisions of this section, including therates and terms established by the Copyright Royalty Tribunal undersubsection (b)(3), engage in the following activities with respect topublished nondramatic musical works and published pictorial, graphic,and sculptural works:(1) performance or display of a work by or in the course of atransmission made by a noncommercial educational broadcast stationreferred to in subsection (g); and(2) production of a transmission program, reproduction of copies orphonorecords, where such production, reproduction, or distribution ismade by a nonprofit institution or organization solely for the purposeof transmission specified in clause (1); and(3) the making of reproductions by a governmental body or a nonprofitinstitution of a transmission program simultaneously with itstransmission as specified in clause (1), and the performance or displayof the contents of such program under the conditions specified byclause (1) of section 110, but only if the reproductions are used forperformances or displays for a period of no more than seven days fromthe date of the transmission specified in clause (1), and are destroyedbefore or at the end of such period. No person supplying, inaccordance with clause (2), a reproduction of a transmission program togovernmental bodies or nonprofit institutions under this clause shallhave any liability as a result of failure of such body or institutionto destroy such reproduction: Provided, That it shall have notifiedsuch body or institution of the requirement for such destructionpursuant to this clause: And provided further, That if such body orinstitution itself fails to destroy such reproduction it shall bedeemed to have infringed.(e) Except as expressly provided in this subsection, this section shallhave no applicability to works other than those specified in subsection(b).(1) Owners of copyright in nondramatic literary works and publicbroadcasting entities may, during the course of voluntary negotiations,agree among themselves, respectively, as to the terms and rates ofroyalty payments without liability under the antitrust laws. Any suchterms and rates of royalty payments shall be effective upon filing inthe Copyright Office, in accordance with regulations that the Registerof Copyrights shall prescribe.(2) On January 3, 1980, the Register of Copyrights, after consultingwith authors and other owners of copyright in nondramatic literaryworks and their representatives, and with public broadcasting entitiesand their representatives, shall submit to the Congress a reportsetting forth the extent to which voluntary licensing arrangements havebeen reached with respect to the use of nondramatic literary works bysuch broadcast stations. The report should also describe any problemsthat may have arisen, and present legislative or other recommendations,if warranted.(f) Nothing in this section shall be construed to permit, beyond thelimits of fair use as provided by section 107, the unauthorizeddramatization of a nondramatic musical work, the production of atransmission program drawn to any substantial extent from a publishedcompilation of pictorial, graphic, or sculptural works, or theunauthorized use of any portion of an audiovisual work.(g) As used in this section, the term "public broadcasting entity"means a noncommercial educational broadcast station as defined insection 397 of title 47 and any nonprofit institution or organizationengaged in the activities described in clause (2) of subsection (d).CHAPTER 2--COPYRIGHT OWNERSHIP AND TRANSFER. Analysis Sec. 201. Ownership of copyright. 202. Ownership of copyright as distinct from ownership of material object. 203. Termination of transfers and licenses granted by the author. 204. Execution of transfers of copyright ownership. 205. Recordation of transfers and other documents.Section 201. Ownership of copyright.(a) Initial ownership.--Copyright in a work protected under this titlevests initially in the author or authors of the work. The authors of ajoint work are co-owners of copyright in the work.(b) Works Made for Hire.--In the case of a work made for hire, theemployer or other person for whom the work was prepared is consideredthe author for purposes of this title, and, unless the parties haveexpressly agreed otherwise in a written instrument signed by them, ownsall of the rights comprised in the copyright.(c) Contributions to Collective Works.--Copyright in each separatecontribution to a collective work is distinct from copyright in thecollective work as a whole, and vests initially in the author of thecontribution. In the absence of an express transfer of the copyrightor of any rights under it, the owner of copyright in the collectivework is presumed to have acquired only the privilege of reproducing anddistributing the contribution as part of that particular collectivework, any revision of that collective work, and any later collectivework in the same series.(d) Transfer of Ownership.--(1) The ownership of a copyright may be transferred in whole or in partby any means of conveyance or by operation of law, and may bebequeathed by will or pass as personal property by the applicable lawsof intestate succession.(2) Any of the exclusive rights comprised in a copyright, including anysubdivision of any of the rights specified by section 106, may betransferred as provided by clause (1) and owned separately. The ownerof any particular exclusive right is entitled, to the extent of thatright, to all of the protection and remedies accorded to the copyrightowner by this title.(e) Involuntary Transfer.--When an individual author's ownership of acopyright, or of any of the exclusive rights under a copyright, has notpreviously been transferred voluntarily by that individual author, noaction by any governmental body or other official or organizationpurporting to seize, expropriate, transfer, or exercise rights ofownership with respect to the copyright, or any of the exclusive rightsunder a copyright, shall be give effect under this title except asprovided under Title 11.Section 202. Ownership of copyright as distinct from ownership ofmaterial object.Ownership of a copyright, or of any of the exclusive rights under acopyright, is distinct from ownership of any material object in whichthe work is embodied. Transfer of ownership of any material object,including the copy or phonorecord in which the work is first fixed,does not of itself convey any rights in the copyrighted work embodiedin the object; nor, in the absence of an agreement, does transfer ofownership of a copyright or of any exclusive rights under a copyrightconvey property rights in any material object.Section 203. Termination of transfers and licenses granted by theauthor.(a) Conditions for Termination.--In the case of any work other than awork made for hire, the exclusive or nonexclusive grant of a transferor license of copyright or of any right under a copyright, executed bythe author on or after January 1, 1978, otherwise than be will, issubject to termination under the following conditions:(1) In the case of a grant executed by one author, termination of thegrant may be effected by that author or if the author is dead, by theperson or persons who, under clause (2) of this subsection, own and areentitled to exercise a total of more than one-half of that author'stermination interest. In the case of a grant executed by two or moreauthors who executed it; if any of such authors is dead, thetermination interest of any such author may be exercised as a unit bythe person or persons who, under clause (2) of this subsection, own andare entitled to exercise a total of more than one-half of that author'sinterest.(2) Where an author is dead, his or her termination interest is owned,and may be exercised, by his widow or her widower and his or herchildren or grandchildren as follows:(A) the widow or widower owns the author's entire termination interestunless there are any surviving children or grandchildren of the author,in which case the widow or widower owns one-half of the author'sinterest;(B) the author's surviving children, and the surviving children of anydead child of the author, own the author's entire termination interestunless there is a widow or widower, in which case the ownership ofone-half of the author's interest is divided among them;(C) the rights of the author's children and grandchildren are in allcases divided among them and exercised on a per stirpes basis accordingto the number of such author's children represented; the share of thechildren of a dead child in a termination interest can be exercisedonly by the action of a majority of them.(3) Termination of the grant may be effected at any time during aperiod of five years beginning at the end of thirty-five years from thedate of publication of the work under the grant or at the end of fortyyears from the date of execution of the grant, whichever term endsearlier.(4) The termination shall be effected by serving an advance notice inwriting, signed by the number and proportion of owners of terminationinterests required under clauses (1) and (2) of this subsection, or bytheir duly authorized agents, upon the grantee or the grantee'ssuccessor in title.(A) The notice shall state the effective date of the termination, whichshall fall within the five-year period specified by clause (3) of thissubsection, and the notice shall be served not less than two or morethan ten years before that date. A copy of the notice shall berecorded in the Copyright Office before the effective date oftermination, 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 byregulation.(5) Termination of the grant may be effected notwithstanding anyagreement to the contrary, including an agreement to make a will or tomake any future grant.(b) Effect of Termination.--Upon the effective date of termination, allrights under this title that were covered by the terminated grantsrevert to the author, authors, or other persons owning terminationinterests under clauses (1) and (2) of subsection (a), including thoseowners who did not join in signing the notice of termination underclause (4) of subsection (a), but with the following limitations:(1) A derivative work prepared under authority of the grant become itstermination may continue to be utilized under the terms of the grantafter its termination, but this privilege does not extend to thepreparation after the termination of other derivative works based uponthe copyrighted work covered by the terminated grant.(2) The future rights that will revert upon termination of the grantbefore vested on the date the notice of termination has been served asprovided by clause (4) of subsection (a). The rights vest in theauthor, authors, and other persons named in, and in the proportionateshares provided by, clauses (1) and (2) of subsection (a).(3) Subject to the provisions of clause (4) of this subsection, afurther grant, or agreement to make a further grant, of any rightcovered by a terminated grant is valid only if it is signed by the samenumber and proportion of the owners, in whom the right has vested underclause (2) of this subsection, as are required to terminate the grantunder clauses (1) and (2) of subsection (a). Such further grant oragreement is effective with respect to all of the persons in whom theright it covers has vested under clause (2) of this subsection,including those who did not join in signing it. If any person diesafter rights under a terminated grant have vested in him or her, thatperson's legal representatives, legatees, or heirs at law represent himor her for purposes of this clause.(4) A further grant, or agreement to make a further grant, of any rightcovered by a terminated grant is valid only if it is made after theeffective date of the termination. As an exception, however, anagreement for such a further grant may be made between the personsprovided by clause (3) of this subsection and the original grantee orsuch grantee's successor in title, after the notice of termination hasbeen served as provided by clause (4) of subsection (a).(5) Termination of a grant under this section affects only those rightscovered by the grants that arise under this title, and in no wayaffects rights arising under any other Federal, State, or foreign laws.(6) Unless and until termination is effected under this section, thegrant, if it does not provide otherwise, continues in effect for theterm of copyright provided by this title.Section 204. Execution of transfers of copyright ownership.(a) A transfer of copyright ownership, other than by operation of law,is not valid unless an instrument of conveyance, or a note ormemorandum of the transfer, is in writing and signed by the owner ofthe rights conveyed or such owner's duly authorized agent.(b) A certificate of acknowledgement is not required for the validityof a transfer, but is prima facie evidence of the execution of thetransfer if--(1) in the case of a transfer executed in the United States, thecertificate is issued by a person authorized to administer oaths withinthe United States; or(2) in the case of a transfer executed in a foreign country, thecertificate is issued by a diplomatic or consular officer of the UnitedStates, or by a person authorized to administer oaths whose authorityis proved by a certificate of such an officer.Section 205. Recordation of transfers and other documents.(a) Conditions for Recordation.--Any transfer of copyright ownership orother document pertaining to a copyright may be recorded in theCopyright Office if the document filed for recordation bears the actualsignature of the person who executed it, or if it is accompanied by asworn or official certification that it is a true copy of the original,signed document.(b) Certificate of Recordation.--The register of Copyrights shall, uponreceipt of a document as provided by subsection (a) and of the feeprovided by section 708, record the document and return it with acertificate of recordation.(c) Recordation as Constructive Notice.--Recordation of a document inthe Copyright Office gives all persons constructive notice of the factsstated in the recorded document, but only if--(1) the document, or material attached to it, specifically identifiesthe work to which it pertains so that, after the document is indexed bythe Register of Copyrights, it would be revealed by a reasonable searchunder the title or registration number of the work; and(2) registration has been made for the work.(d) Recordation as Prerequisite to Infringement Suit.--No personclaiming by virtue of a transfer to be the owner of copyright or of anyexclusive right under a copyright is entitled to institute aninfringement action under this title until the instrument of transferunder which such person claims has been recorded in the CopyrightOffice, but suit may be instituted after such recordation on a cause ofaction that arose before recordation.(e) Priority Between Conflicting Transfers.--As between two conflictingtransfers, the one executed first prevails if it is recorded, in themanner required to give constructive notice under subsection (c),within one month after its execution in the United States, or at anytime 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 basisof a binding promise to pay royalties, and without notice of theearlier transfer.(f) Priority Between Conflicting Transfer of Ownership and NonexclusiveLicense.--A nonexclusive license, whether recorded or not, prevailsover a conflicting transfer of copyright ownership if the license isevidenced by a written instrument signed by the owner of the rightslicensed or such owner's duly authorized agent, and if--(1) the license was taken before execution of the transfer; or(2) the license was taken in good faith before recordation of thetransfer and without notice of it.CHAPTER 3--DURATION OF COPYRIGHT. Analysis. Sec. 301. Preemption with respect to other laws. 302. Duration of copyright: Works created on or after January 1, 1978. 303. Duration of copyright: Works created but not published or copyrighted before January 1, 1978. 304. Duration of copyright: Subsisting copyrights. 305. Duration of copyright: Terminal date.Section 301. Preemption with respect to other laws.(a) On and after January 1, 1978, all legal or equitable rights thatare equivalent to any of the exclusive rights within the general scopeof copyright as specified by section 106 in works of authorship thatare fixed in a tangible medium of expression and come within thesubject matter of copyright as specified by sections 102 and 103,whether created before or after that date and whether published orunpublished, are governed exclusively by this title. Thereafter, noperson is entitled to any such right or equivalent right in any suchwork under the common law or statutes of any State.(b) Nothing in this title annuls or limits any rights or remedies underthe common law or statutes or any state with respect to--(1) subject matter that does not come within the subject matter ofcopyright as specified by sections 102 and 103, including works ofauthorship not fixed in any tangible medium of expression; or(2) any cause of action arising from undertakings commenced beforeJanuary 1, 1978; or(3) activities violating legal or equitable rights that are notequivalent to any of the exclusive rights within the general scope ofcopyright as specified by section 106.(c) With respect to sound recordings fixed before February 15, 1972,any rights or remedies under the common law or statutes of any Stateshall not be annulled or limited by this title until February 15, 2047.The preemptive provisions of subsection (a) shall apply to any suchrights and remedies pertaining to any cause of action arising fromundertakings commenced on and after February 15, 2047. Notwithstandingthe provisions of section 303, no sound recording fixed before February15, 1972, shall be subject to copyright under this title before, on, orafter February 15, 2047.(d) Nothing in this title annuls or limits any rights or remedies underany other Federal statute.Section 302. Duration of copyright: Works created on or after January1, 1978.(a) In General.--Copyright in a work created on or after January 1,1978, subsists from its creation and, except as provided by thefollowing subsections, endures for a term consisting of the life of theauthor and fifty years after the author's death.(b) Joint Works.--In the case of a joint work prepared by two or moreauthors who did not work for hire, the copyright endures for a termconsisting of the life of the last surviving author and fifty yearsafter such last surviving author's death.(c) Anonymous Works, Pseudonymous Works, and Works Made for Hire.--Inthe case of an anonymous work, a pseudonymous work, or a work made forhire, the copyright endures for a term of seventy-five years for theyear of its first publication, or a term of one hundred years from theyear of its creation, whichever expires first. If, before the end ofsuch term, the identity of one or more of the authors of an anonymousor pseudonymous work is revealed in the records of a registration madefor that work under subsections (a) or (d) of section 408, or in therecords provided by this subsection, the copyright in the work enduresfor the term specified by subsection (a) or (b), based on the life ofthe author or authors whose identity has been revealed. Any personhaving an interest in the copyright in an anonymous or pseudonymouswork may at any time record, in records to be maintained by theCopyright Office for that purpose, a statement identifying one or moreauthors of the work; the statement shall also identify the personfiling it, the nature of that person's interest, the source of theinformation recorded, and the particular work affected, and shallcomply in form and content with requirements that the Register ofCopyrights shall prescribe by regulation.(d) Records Relating to Death of Authors.--Any person having aninterest in a copyright may at any time record in the Copyright Officea statement of the date of death of the author of the copyrighted work,or a statement that the author is still living on a particular date.The statement shall identify the person filing it, the nature of thatperson's interest, and the source of the information recorded, andshall comply in form and content with requirements that the Register ofCopyrights shall prescribe by regulation. The Register shall maintaincurrent records of information relating to the death of authors ofcopyrighted works, based on such recorded statements and, to the extentthe Register considers practicable, on data contained in any of therecords of the Copyright Office or in other reference sources.(e) Presumption as to Author's Death.--After a period of seventy-fiveyears from the year of first publication of a work, or a period of onehundred years from the year of its creation, whichever expires first,any person who obtains from the Copyright Office a certified reportthat the records provided by subsection (d) disclose nothing toindicate that the author of the work is living, or died less than fiftyyears before, is entitled to the benefit of a presumption that theauthor has been dead for at least fifty years. Reliance in food faithupon this presumption shall be a complete defense to any action forinfringement under this title.Section 303. Duration of copyright: Works created but not published orcopyrighted before January 1, 1978.Copyright in a work created before January 1, 1978, but not theretoforein the public domain or copyrighted, subsists from January 1, 1978, andendures for the term provided by section 302. In no case, however,shall the term of copyright in such a work expire before December 31,2002; and, if the work is published on or before December 31, 2002, theterm of copyright shall not expire before December 31, 2027.Section 304. Duration of copyright: Subsisting copyrights.(a) Copyrights in Their First Term on January 1, 1978.--Any copyright,the first term of which is subsisting on January 1, 1978, shall endurefor twenty-eight years from the date it was originally secured:Provided, That in the case of any posthumous work or of any periodical,cyclopedic, or other composite work upon which the copyright wasoriginally secured by the proprietor thereof, or of any workcopyrighted by a corporate body (otherwise than as assignee or licenseeof the individual author) or by an employer for whom such work is madefor hire, the proprietor of such copyright shall be entitled to arenewal and extension of the copyright in such work for the furtherterm of forty-seven years when application for such renewal andextension shall have been made to the Copyright Office and dulyregistered therein within one year prior to the expiration of theoriginal term of copyright: And provided further, That in the case ofany other copyrighted work, including a contribution by an individualauthor to a periodical or to a cyclopedic or other composite work, theauthor of such work, if still living, or the widow, widower, orchildren of the author, if the author be not living, or if such author,widow, widower, or children be not living, then the author's executors,or in the absence of a will, his or her next of kin shall be entitledto a renewal and extension of the copyright in such work for a furtherterm of forty-seven years when application for such renewal andextension shall have been made to the Copyright Office and dulyregistered therein within one year prior to the expiration of theoriginal term of copyright: And provided further, That in default ofthe registration of such application for renewal and extension, thecopyright in any work shall terminate at the expiration of twenty-eightyears from the date copyright was originally secured.(b) Copyrights in Their Renewal Term or Registered for Renewal BeforeJanuary 1, 1978.--The duration of any copyright, the renewal term ofwhich is subsisting at any time between December 31, 1976, and December31, 1977, inclusive, or for which renewal registration is made betweenDecember 31, 1976, and December 31, 1977, inclusive, is extended toendure for a term of seventy-five years from the date copyright wasoriginally secured.(c) Termination of Transfers and Licenses Covering Extended RenewalTerm.--In the case of any copyright subsisting in either its first orrenewal term on January 1, 1978, other than a copyright in a work madefor hire, the exclusive or nonexclusive grant of a transfer or licenseof the renewal copyright or any right under it, executed before January1, 1978, by any of the persons designated by the second proviso ofsubsection (a) of this section, otherwise than by will, is subject totermination under the following conditions:(1) In the case of a grant executed by a person or persons other thanthe author, termination of the grant may be effected by the survivingperson or persons who executed it. In the case of a grant executed byone or more of the authors of the work, termination of the grant may beeffected, to the extent of a particular author's share in the ownershipof the renewal copyright, by the author who executed it, or, if suchauthor is dead, the person or persons who, under clause (2) of thissubsection, own and are entitled to exercise a total of more thanone-half of that author's termination interest.(2) Where an author is dead, his or her termination interest is owned,and may be exercised, by his widow or her widower and his or herchildren or grandchildren as follows:(A) the widow or widower owns the author's entire termination interestunless there are any surviving children or grandchildren of the author,in which case the widow or widower owns one-half of the author'sinterest;(B) the author's surviving children, and the surviving children of anydead child of the author, own the author's entire termination interestunless there is a widow or widower, in which case the ownership ofone-half of the author's interest is divided among them;(C) the rights of the author's children and grandchildren are in allcases divided among them and exercised on a per stirpes basis accordingto the number of such author's children represented; the share of thechildren of a dead child in a termination interest can be exercisedonly by the action of a majority of them.(3) Termination of the grant may be effected at any time during aperiod of five years beginning at the end of fifty-six years from thedate copyright was originally secured, or beginning on January 1, 1978,whichever is later.(4) The termination shall be effected by serving an advance notice inwriting upon the grantee or the grantee's successor in title. In thecase of a grant executed by a person or persons other than the author,the notice shall be signed by all of those entitled to terminate thegrant under clause (1) of this subsection, or by their duly authorizedagents. In the case of a grant executed by one or more of the authorsof the work, the notice as to any one author's share shall be signed bythat author or his or her duly authorized agent or, if that author isdead, by the number and proportion of the owners of his or hertermination interest required under clauses (1) and (2) of thissubsection, or by their duly authorized agents.(A) The notice shall state the effective date of the termination, whichshall fall within the five-year period specified by clause (3) of thissubsection, and the notice shall be served not less than two or morethan ten years before that date. A copy of the notice shall berecorded in the Copyright Office before the effective date oftermination, 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 byregulation.(5) Termination of the grant may be effected notwithstanding anyagreement to the contrary, including an agreement to make a will or tomake any future grant.(6) In the case of a grant executed by a person or persons other thanthe author, all rights under this title that were covered by theterminated grant revert, upon the effective date of termination, to allof those entitled to terminate the grant under clause (1) of thissubsection. In the case of a grant executed by one or more of theauthors of the work, all of a particular author's rights under thistitle that were covered by the terminated grant revert, upon theeffective date of termination, to that author or, if that author isdead, to the persons owning his or her termination interest underclause (2) of this subsection, including those owners who did not joinin signing the notice of termination under clause (4) of thissubsection. In all cases the reversion of rights is subject to thefollowing limitations:(A) A derivative work prepared under authority of the grant before itstermination may continue to be utilized under the terms of the grantafter its termination, but this privilege does not extend to thepreparation after the termination of other derivative works based uponthe copyrighted work covered by the terminated grant.(B) The future rights that will revert upon termination of the grantbecome vested on the date the notice of termination has been served asprovided by clause (4) of this subsection.(C) Where the author's rights revert to two or more persons underclause (2) of this subsection, they shall vest in those persons in theproportionate shares provided by that clause. In such a case, andsubject to the provisions of subclause (D) of this clause, a furthergrant, or agreement to make a further grant, of a particular author'sshare with respect to any right covered by a terminated grant is validonly 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 toterminate the grant under clause (2) of this subsection. Such furthergrant or agreement is effective with respect to all of the persons inwhom the right it covers has vested under this subclause, includingthose who did not join in signing it. If any person dies after rightsunder a terminated grant have vested in him or her, that person's legalrepresentatives, legatees, or heirs at law represent him or her forpurposes of this subclause.(D) A further grant, or agreement to make a further grant, of any rightcovered by a terminated grant is valid only if it is made after theeffective date of the termination. As an exception, however, anagreement for such a further grant may be made between the author orany of the persons provided by the first sentence of clause (6) of thissubsection, or between the persons provided by subclause (C) of thisclause, and the original grantee or such grantee's successor in title,after the notice of termination has been served as provided by clause(4) of this subsection.(E) Termination of a grant under this subsection affects only thoserights covered by the grant that arise under this title, and in no wayaffects rights arising under any other Federal, State, or foreign laws.(F) Unless and until termination is effected under this subsection, thegrant, if it does not provide otherwise, continues in effect for theremainder of the extended renewal term.Section 305. Duration of copyright: Terminal date.All terms of copyright provided by sections 302 through 304 run to theend of the calendar year in which they would otherwise expire.CHAPTER 4--COPYRIGHT NOTICE, DEPOSIT, AND REGISTRATION. Analysis. Sec. 401. Notice of copyright: Visually perceptible copies. 402. Notice of copyright: Phonorecords of sound recordings. 403. Notice of copyright: Publications incorporating United States Government works. 404. Notice of copyright: Contributions to collective works. 405. Notice of copyright: Omission of notice. 406. Notice of copyright: Error in name or date. 407. Deposit of copies or phonorecords for Library of Congress. 408. Copyright registration in general. 409. Application for copyright registration. 410. Registration of claim and issuance of certificate. 411. Registration as prerequisite to infringement suit. 412. Registration as prerequisite to certain remedies for infringement.Section 401. Notice of copyright: Visually perceptible copies.(a) General Requirement.--Whenever a work protected under this title ispublished in the United States or elsewhere by authority of thecopyright owner, a notice of copyright as provided by this sectionshall be placed on all publicly distributed copies from which the workcan be visually perceived, either directly or with the aid of a machineor device.(b) Form of Notice.--The notice appearing on the copies shall consistof the following three elements:(1) the symbol of a small letter "c" inside of a circle, or the word"Copyright," or the abbreviation "Copr."; and(2) the year of first publication of the work; in the case ofcompilations or derivative work is sufficient. The year date may beomitted where a pictorial, graphic, or sculptural work, withaccompanying text matter, if any, is reproduced in or on greeting cardspostcards, stationery, jewelry, dolls, toys, or any useful articles; and(3) the name of the owner of copyright in the work, or an abbreviationby which the name can be recognized, or a generally known alternativedesignation of the owner.(c) Position of Notice.--The notice shall be affixed to the copies insuch manner and location as to give reasonable notice of the claim ofcopyright.The Register of Copyrights shall prescribe by regulation, as examples,specific methods of affixation and positions of the notice on varioustypes of works that will satisfy this requirement, but thesespecifications shall not be considered exhaustive.Section 402. Notice of copyright: Phonorecords of sound recordings.(a) General Requirement.--Whenever a sound recording protected underthis title is published in the United States or elsewhere by authorityof the copyright owner, a notice of copyright as provided by thissection shall be placed on all publicly distributed phonorecords of thesound recording.(b) Form of Notice.--The notice appearing on the phonorecords shallconsist of the following three elements:(1) the symbol of a small letter "p" inside of a circle; and(2) the year of first publication of the sound recording; and(3) the name of the owner of copyright in the sound recording, or anabbreviation by which the name can be recognized, or a generally knownalternative designation of the owner; if the producer of the soundrecording is named on the phonorecord labels or containers, and if noother name appears in conjunction with the notice, the producer's nameshall be considered a part of the notice.(c) Position of Notice.--The notice shall be placed on the surface ofthe phonorecord, or on the phonorecord label or container, in suchmanner and location as to give reasonable notice of the claim ofcopyright.Section 403. Notice of copyright: Publications incorporating UnitedStates Government works.Whenever a work is published in copies or phonorecords consistingpreponderantly of one or more works of the United States Government,the notice of copyright provided by sections 401 or 402 shall alsoinclude a statement identifying, either affirmatively or negatively,those portions of the copies or phonorecords embodying any work orworks protected under this title.Section 404. Notice of copyright: Contributions to collective works.(a) A separate contribution to a collective work may bear its ownnotice of copyright, as provided by sections 401 through 403. However,a single notice applicable to the collective work as a whole issufficient to satisfy the requirements of sections 401 through 403 withrespect to the separate contributions it contains (not includingadvertisements inserted on behalf of persons other than the owner ofcopyright in the collective work), regardless of the ownership ofcopyright in the contributions and whether or not they have beenpreviously published.(b) Where the person named in a single notice applicable to acollective work as a whole is not the owner of copyright in a separatecontribution that does not bear its own notice, the case is governed bythe provisions of section 406(a).Section 405. Notice of copyright: Omission of notice.(a) Effect of Omission on Copyright.--The omission of the copyrightnotice prescribed by sections 401 through 403 from copies orphonorecords publicly distributed by authority of the copyright ownerdoes not invalidate the copyright in a work if--(1) the notice has been omitted from no more than a relatively smallnumber of copies or phonorecords distributed to the public; to(2) registration for the work has been made before or is made withinfive years after the publication without notice, and a reasonableeffort is made to add notice to all copies or phonorecords that aredistributed to the public in the United States after the omission hasbeen discovered; or(3) the notice has been omitted in violation of an express requirementin writing that, as a condition of the copyright owner's authorizationof the public distribution of copies or phonorecords, they bear theprescribed notice.(b) Effect of Omission on Innocent Infringers.--Any person whoinnocently infringes a copyright, in reliance upon an authorized copyor phonorecord from which the copyright notice has been omitted, incursno liability for actual or statutory damages under section 504 for anyinfringing acts committed before receiving actual notice thatregistration for the work has been made under section 408, if suchperson proves that he or she was misled by the omission of notice. Ina suit for infringement in such a case the court may allow or disallowrecovery of any of the infringer's profits attributable to theinfringement, and may enjoin the continuation of the infringingundertaking or may require, as a condition or [sic] permitting thecontinuation of the infringing undertaking, that the infringer pay thecopyright owner a reasonable license fee in an amount and on termsfixed by the court.(c) Removal of Notice.--Protection under this title is not affected bythe removal, destruction, or obliteration of the notice, without theauthorization of the copyright owner, from any publicly distributedcopies or phonorecords.Section 406. Notice of copyright: Error in name or date.(a) Error in Name.--Where the person named in the copyright notice oncopies or phonorecords publicly distributed by authority of thecopyright owner is not the owner of copyright, the validity andownership of the copyright are not affected. In such a case, however,any person who innocently begins an undertaking that infringes thecopyright has a complete defense to any action for such infringement ifsuch person proves that he or she was misled by the notice and beganthe undertaking in good faith under a purported transfer or licensefrom the person named therein, unless before the undertaking was begun--(1) registration for the work had been made in the name of the owner ofcopyright; or(2) a document executed by the person named in the notice and showingthe ownership of the copyright had been recorded. The person named inthe notice is liable to account to the copyright owner for all receiptsfrom transfers or licenses purportedly made under the copyright by theperson named in the notice.(b) Error in Date.--When the year date in the notice on copies orphonorecords distributed by authority of the copyright owner is earlierthan the year in which publication first occurred, any period computedfrom the year of first publication first occurred, the work isconsidered to have been published without any notice and is governed bythe provisions of section 405.(c) Omission of Name or Date.--Where copies or phonorecords publiclydistributed by authority of the copyright owner contain no name or nodate that could reasonably be considered a part of the notice, the workis considered to have been published without any notice and is governedby the provisions of section 405.Section 407. Deposit of copies or phonorecords for Library of Congress.(a) Except as provided by subsection (c), and subject to the provisionsof subsection (e), the owner of copyright or of the exclusive right ofpublication in a work published with notice of copyright in the UnitedStates shall deposit, within three months after the date of suchpublication--(1) two complete copies of the best edition; or(2) if the work is a sound recording, two complete phonorecords of thebest edition, together with any printed or other visually perceptiblematerial published with such phonorecords. Neither the depositrequirements of this subsection nor the acquisition provisions ofsubsection (e) are conditions of copyright protection.(b) The required copies or phonorecords shall be deposited in theCopyright Office for the use or disposition of the Library of Congress.The Register of Copyrights shall, when requested by the depositor andupon payment of the fee prescribed by section 708, issue a receipt forthe deposit.(c) The Register of Copyrights may be regulation exempt any categoriesof material from the deposit requirements of this section, or requiredeposit of only one copy or phonorecord with respect to any categories.Such regulations shall provide either for complete exemption from thedeposit requirements of this section, or for alternative forms ofdeposit aimed at providing a satisfactory archival record of a workwithout imposing practical or financial hardships on the depositor,where the individual author is the owner of copyright in a pictorial,graphic, or sculptural work and (i) less than five copies of the workhave been published, or (ii) the work has been published in a limitededition consisting of numbered copies the monetary value of which wouldmake the mandatory deposit of two copies of the best edition of thework 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 therequired deposit of any of the persons obligated to make the depositunder subsection (a). Unless deposit is made within three months afterthe demand is received, the person or persons on whom the demand wasmade 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 Congressthe total retail price of the copies or phonorecords demanded, or, ifno retail price has been fixed, the reasonable cost of the Library ofCongress of acquiring them; and(3) to pay a fine of $2,500, in addition to any fine or liabilityimposed under clauses (1) and (2), if such person willfully orrepeatedly fails or refuses to comply with such a demand.(e) With respect to transmission programs that have been fixed andtransmitted to the public in the United States but have not beenpublished, the Register of Copyrights shall, after consulting with theLibrarian of Congress and other interested organizations and officials,establish regulation governing the acquisition, through deposit orotherwise, of copies or phonorecords of such programs for thecollections of the Library of Congress.(1) The Librarian of Congress shall be permitted, under the standardsand conditions set forth in such regulations to make a fixation of atransmission program directly from a transmission to the public, and toreproduce one copy or phonorecord from such fixation for archivalpurposes.(2) Such regulations shall also provide standards and procedures bywhich the Register of Copyrights may make written demand, upon theowner of the right of transmission in the United States, for thedeposit of a copy or phonorecord of a specific transmission program.Such deposit may, at the option of the owner of the right oftransmission in the United States, be accomplished by gift, by loan forpurposes of reproduction, or by sale at a price not to exceed the costof reproducing and supplying the copy or phonorecord. The regulationsestablished under this clause shall provide reasonable periods of notless than three months for compliance with a demand, and shall allowfor extensions of such periods and adjustments in the scope of thedemand or the methods for fulfilling it, as reasonably warranted by thecircumstances. Willful failure or refusal to comply with theconditions prescribed by such regulations shall subject the owner tothe right of transmission in the United States to liability for anamount, not to exceed the cost of reproducing and supplying the copy orphonorecord in question, to be paid into a specially designated fund inthe Library of Congress.(3) Nothing in this subsection shall be construed to require the makingor retention, for purposes of deposit, of any copy or phonorecord of anunpublished transmission program, the transmission of which occursbefore the receipt of a specific written demand as provided by clause(2).(4) No activity undertaken in compliance with regulations prescribedunder clauses (1) or (2) of this subsection shall result in liabilityif intended solely to assist in the acquisition of copies orphonorecords under this subsection.Section 408. Copyright registration in general.(a) Registration Permissive.--At any time during the subsistence ofcopyright in any published or unpublished work, the owner of copyrightor of any exclusive right in the work may obtain registration of thecopyright claim by delivering to the Copyright Office the depositspecified by this section, together with the application and feespecified by sections 409 and 708. Subject to the provisions ofsection 405(a), such registration is not a condition of copyrightprotection.(b) Deposit for Copyright Registration.--Except as provided bysubsection(c) The material deposited for registration shall include--(1) in the case of an unpublished work, one complete copy orphonorecord;(2) in the case of the published work, two complete copies orphonorecords of the best edition;(3) in the case of a work first published outside the United States,one complete copy or phonorecord as so published;(4) in the case of a contribution to a collective work, one completecopy or phonorecord of the best edition of the collective work. Copiesor phonorecords deposited for the Library of Congress under section 407may be used to satisfy the deposit provisions of this section, if theyare accompanied by the prescribed application and fee, and by anyadditional identifying material that the Register may, by regulation,require. The Register shall also prescribe regulations establishingrequirements under which copies or phonorecords acquired for theLibrary of Congress under subsection (e) of section 407, otherwise thanby deposit, may be used to satisfy the deposit provisions of thissection.(c) Administrative Classification and Optional Deposit.--(1) The Register of Copyrights is authorized to specify by regulationthe administrative classes into which works are to be placed forpurposes of deposit and registration, and the nature of the copies orphonorecords to be deposited in the various classes specified. Theregulations may require or permit, for particular classes, the depositof identifying material instead of copies or phonorecords, the depositof only one copy or phonorecord where two would normally be required,or a single registration for a group of related works. Thisadministrative classification of works has no significance with respectto the subject matter of copyright or the exclusive rights provided bythis title.(2) Without prejudice to the general authority provided under clause(1), the Register of Copyrights shall establish regulationsspecifically permitting a single registration for a group of works bythe same individual author, all first published as contributions toperiodicals, including newspapers, within a twelve-month period, on thebasis of a single deposit, application, and registration fee, under allof the following conditions--(A) if each of the works as first published bore a separate copyrightnotice, and the name of the owner of copyright in the work, or anabbreviation by which the name can be recognized, or a generally knownalternative designation of the owner was the same in each notice; and(B) if the deposit consists of one copy of the entire issue of theperiodical, or of the entire section in the case of a newspaper, inwhich each contribution was first published; and (C) if the applicationidentifies each work separately, including the periodical containing itand its date of first publication.(3) As an alternative to separate renewal registrations undersubsection (a) of section 304, a single renewal registration may bemade for a group of works by the same individual author, all firstpublished as contributions to periodicals, including newspapers, uponthe filing of a single application and fee, under all of the followingconditions:(A) the renewal claimant or claimants, and the basis of claim or claimsunder section 304(a), is the same for each of the works; and(B) the works were all copyrighted upon their first publication, eitherthrough separate copyright notice and registration or by virtue of ageneral copyright notice in the periodical issue as a whole; and(C) the renewal application and fee are received not more thantwenty-eight or less than twenty-seven years after the thirty-first dayof December of the calendar year in which all of the works were firstpublished; and(D) the renewal application identifies each work separately, includingthe 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 forsupplementary registration, to correct an error in a copyrightregistration or to amplify the information given in a registration.Such application shall be accompanied by the fee provided by section708, and shall clearly identify the registration to be corrected oramplified. The information contained in a supplementary registrationaugments but does not supersede that contained in the earlierregistration.(e) Published Edition of Previously Registered Work.--Registration forthe first published edition of a work previously registered inunpublished form may be made even though the work as published issubstantially the same as the unpublished version.Section 409. Application for copyright registration.The application for copyright registration shall be made on a formprescribed by the Register of Copyrights and shall include--(1) the name and address of the copyright claimant;(2) in the case of a work other than an anonymous or pseudonymous work,the name and nationality or domicile of the author or authors, and, ifone or more of the authors is dead, the dates of their deaths;(3) if the work is anonymous or pseudonymous, the nationality ordomicile of the author or authors;(4) in the case of a work made for hire, a statement to this effect;(5) if the copyright claimant is not the author, a brief statement ofhow the claimant obtained ownership of the copyright;(6) the title of the work, together with any previous or alternativetitles under which the work can be identified;(7) the year in which creation of the work was completed;(8) if the work has been published, the date and nation of its first publication;(9) in the case of a compilation or derivative work, an identificationof any preexisting work or works that it is based on or incorporates,and a brief, general statement of the additional material covered bythe copyright claim being registered;(10) in the case of a published work containing material of whichcopies are required by section 601 to be manufactured in the UnitedStates, the names of the persons or organizations who performed theprocesses specified by subsection (c) of section 601 with respect tothat material, and the places where those processes were performed; and(11) any other information regarded by the Register of Copyrights asbearing upon the preparation or identification of the work or theexistence, ownership, or duration of the copyright.Section 410. Registration of claim and issuance of certificate.(a) When, after examination, the Register of Copyrights determinesthat, in accordance with the provisions of this title, the materialdeposited constitutes copyrightable subject matter and that the otherlegal and formal requirements of this title have been met, the Registershall register the claim and issue to the applicant a certificate ofregistration under the seal of the Copyright Office. The certificateshall contain the information given in the application, together withthe number and effective date of the registration.(b) In any case in which the Register of Copyrights determines that, inaccordance with the provisions of this title, the material depositeddoes not constitute copyrightable subject matter or that the claim isinvalid for any other reason, the Register shall refuse registrationand shall notify the applicant in writing of the reasons for suchrefusal.(c) In any judicial proceedings the certificate of a registration madebefore or within five years after first publication of the work shallconstitute prima facie evidence of the validity of the copyright and ofthe facts stated in the certificate. The evidentiary weight to beaccorded the certificate of a registration made thereafter shall bewithin the discretion of the court.(d) The effective date of a copyright registration is the day on whichan application, deposit, and fee, which are later determined by theRegister of Copyrights or by a court of competent jurisdiction to beacceptable for registration, have all been received in the CopyrightOffice.Section 411. Registration as prerequisite to infringement suit.(a) Subject to the provisions of subsection (b), no action forinfringement of the copyright in any work shall be instituted untilregistration of the copyright claim has been made in accordance withthis title. In any case, however, where the deposit, application, andfee required for registration have been delivered to the CopyrightOffice in proper form and registration has been refused, the applicantis entitled to institute an action for infringement if notice thereof,with a copy of the complaint, is served on the Register of Copyrights.The Register may, at his or her option, become a party to the actionwith respect to the issue of registrability of the copyright claim byentering an appearance within sixty days after such service, but theRegister's failure to become a party shall not deprive the court ofjurisdiction to determine that issue.(b) In the case of a work consisting of sounds, images, or both, thefirst fixation of which is made simultaneously with its transmission,the copyright owner may, either before or after such fixation takesplace, institute an action for infringement under section 501, fullysubject to the remedies provided by sections 502 through 506 andsections 509 and 510, if, in accordance with requirements that theRegister of Copyrights shall prescribe by regulation, the copyrightowner--(1) serves notice upon the infringer, not less than ten or more thanthirty days before such fixation, identifying the work and the specifictime and source of its first transmission, and declaring an intentionto secure copyright in the work; and,(2) makes registration for the work within three months after its firsttransmission.Section 412. Registration as prerequisite to certain remedies forinfringement.In any action under this title, other than an action instituted undersection 411(b), no award of statutory damages or of attorney's fees, asprovided by sections 504 and 505, shall be made for--(1) any infringement of copyright in an unpublished work commencedbefore the effective date of its registration; or(2) any infringement of copyright commenced after first publication ofthe work and before the effective date of its registration, unless suchregistration is made within three months after the first publication ofthe work.CHAPTER 5--COPYRIGHT INFRINGEMENT AND REMEDIES. Analysis. Sec. 501. Infringement of copyright. 502. Remedies for infringement: Injunctions. 503. Remedies for infringement: Impounding and disposition of infringing articles. 504. Remedies for infringement: Damages and profits. 505. Remedies for infringement: Costs and attorney's fees. 506. Criminal offenses. 507. Limitations on actions. 508. Notification of filing and determination of actions. 509. Seizure forfeiture. 510. Remedies for alteration of programing by cable systems.Section 501. Infringement of copyright.(a) Anyone who violates any of the exclusive rights of the copyrightowner as provided by section 106 through 118, or who imports copies orphonorecords into the United States in violation of section 602, is aninfringer of the copyright.(b) The legal or beneficial owner of an exclusive right under acopyright is entitled, subject to the requirements of sections 205(d)and 411, to institute an action for any infringement of that particularright committed while he or she is the owner of it. The court mayrequire such owner to serve written notice of the action with a copy ofthe complaint upon any person shown, by the records of the CopyrightOffice or otherwise, to have or claim an interest in the copyright, andshall require that such notice be served upon any person whose interestis likely to be affected by a decision in the case. The court mayrequire the joiner, and shall permit the intervention, of any personhaving or claiming an interest in the copyright.(c) For any secondary transmission by a cable system that embodies aperformance or a display of a work which is actionable as an act ofinfringement under subsection (c) of section 111, a televisionbroadcast station holding a copyright or other license to transmit orperform the same version of that work shall, for purposes of subsection(b) of this section, be treated as a legal or beneficial owner if suchsecondary transmission occurs within the local service area of thattelevision station.(d) For any secondary transmission by a cable system that is actionableas an act of infringement pursuant to section 111(c)(3), the followingshall also have standing to sue: (i) the primary transmitter whosetransmission has been altered by the cable system; and (ii) anybroadcast station within whose local service area the secondarytransmission occurs.Section 502. Remedies for infringement: Injunctions.(a) Any court having jurisdiction of a civil action arising under thistitle may, subject to the provisions of section 1498 of title 28, granttemporary and final injunctions on such terms as it may deem reasonableto prevent or restrain infringement of a copyright.(b) Any such injunction may be served anywhere in the United States onthe person enjoined; it shall be operative throughout the United Statesand shall be enforceable, by proceedings in contempt or otherwise, byany United States court having jurisdiction of that person. The clerkof the court granting the injunction shall, when requested by any othercourt a certified copy of all the papers in the case on file in suchclerk's office.Section 503. Remedies for infringement: Impounding and disposition ofinfringing articles.(a) At any time while an action under this title is pending, the courtmay order the impounding, on such terms as it may deem reasonable, ofall copies or phonorecords claimed to have been made or used inviolation of the copyright's owner's exclusive rights, and of allplates, molds, matrices, masters, tapes, film negative, or otherarticles by means of which such copies or phonorecords may bereproduced.(b) As part of a final judgment or decree, the court may order thedestruction or other reasonable disposition of all copies orphonorecords found to have been made or used in violation of thecopyright owner's exclusive rights, and of all plates, molds, matrices,masters, tapes, film negatives, or other articles by means of whichsuch copies or phonorecords may be reproduced.Section 504. Remedies for infringement: Damages and profits.(a) In General.--Except as otherwise provided by this title, aninfringer of copyright is liable for either--(1) the copyright owner's actual damages and any additional profits ofinfringer, as provided by subsection (b); or(2) statutory damages, as provided by subsection (c).(b) Actual Damages and Profits.--The copyright owner is entitled torecover the actual damages suffered by him or her as a result of theinfringement, and any profits of the infringer that are attributable tothe infringement and are not taken into account in computing the actualdamages. In establishing the infringer's profits, the copyright owneris required to present proof only of the infringer's gross revenue, andthe infringer is required to prove his or her deductible expenses andthe elements of profit attributable to factors other than thecopyrighted work.(c) Statutory Damages.--(1) Except as provided by clause (2) of this subsection, the copyrightowner may elect, at any time before final judgment is rendered, torecover instead of actual damages and profits, an award of statutorydamages for all infringements involved in the action, with respect toany one work, for which any one infringer is liable individually, orfor which any two or more infringers are liable jointly and severally,in a sum of not less than $250 or more than $10,000 as the courtconsiders just. For the purposes of this subsection, all the parts ofa 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, thecourt in its discretion may increase the award of statutory damages toa sum of not more than $50,000. In a case where the infringer sustainsthe burden of proving, and the court finds, that such infringer was notaware and had no reason to believe that his or her acts constituted aninfringement of copyright, the it [sic] its discretion may reduce theaward of statutory damages to a sum of not less than $100. The courtshall remit statutory damages in any case where an infringer believedand had reasonable grounds for believing that his or her use of thecopyrighted work was a fair use under section 107, if the infringerwas: (i) an employee or agent of a nonprofit educational institution,library, or archives acting within the scope of his or her employmentwho, or such institution, library, or archives itself, which infringedby reproducing the work in copies or phonorecords; or (ii) a publicbroadcasting entity which or a person who, as a regular part of thenonprofit activities of a public broadcasting entity (as defined insubsection (g) of section 118) infringed by performing a publishednondramatic literary work or by reproducing a transmission programembodying a performance of such a work.Section 505. Remedies for infringement: Costs and attorney's fees.In any civil action under this title, the court in its discretion mayallow the recovery of full costs by or against any party other than theUnited States or an officer thereof. Except as otherwise provided bythis title, the court may also award a reasonable attorney's fee to theprevailing party as part of the costs.Section 506. Criminal offenses.(a) Criminal infringement.--Any person who infringes a copyrightwillfully and for purposes of commercial advantage or privatefinancial gain shall be punished as provided in section 2319 of title18.(b) Forfeiture and Destruction.--When any person is convicted of anyviolation of subsection (a), the court in its judgment of convictionshall, in addition to the penalty therein prescribed, order theforfeiture and destruction or other disposition of all infringingcopies or phonorecords and all implements, devices, or equipment usedin the manufacture of such infringing copies or phonorecords.(c) Fraudulent Copyright Notice.--Any person who, with fraudulentintent, places on any article a notice of copyright or words of thesame purport that such person knows to be false, or who, withfraudulent intent, publicly distributes or imports for publicdistribution any article bearing such notice or words that such personknows to be false, shall be fined not more than $2,500.(d) Fraudulent Removal of Copyright Notice.--Any person who, withfraudulent intent, removes or alters any notice of copyright appearingon a copy of a copyrighted work shall be fined not more than $2,500.Section 507. Limitations on actions.(a) Criminal Proceedings.--No criminal proceeding shall be maintainedunder the provisions of this title unless it is commenced within threeyears after the cause of action arose.(b) Civil Actions.--No civil action shall be maintained under theprovisions of this title unless it is commenced within three yearsafter the claim accrued.Section 508. Notification of filing and determination of action.(a) Within one month after the filing of any action under this title,the clerks of the courts of the United States shall send writtennotification to the Register of Copyrights setting forth, as far as isshown by the papers filed in the court, the names and addresses of theparties and the title, author, and registration number of each workinvolved in the action. If any other copyrighted work is laterincluded in the action by amendment, answer, or other pleading, theclerk shall also send a notification concerning it to the Registerwithin one month after the pleading is filed.(b) Within one month after any final order or judgment is issued in thecase, the clerk of the court shall notify the Register of it, sendingwith the notification a copy of the order or judgment together with thewritten opinion, if any, of the court.(c) Upon receiving the notifications specified in this section, theRegister shall make them a part of the public records of the CopyrightOffice.Section 509. Seizure and forfeiture.(a) All copies or phonorecords manufactured, reproduced, distributed,sold or otherwise used, intended for use, or possessed with intent touse in violation of section 506(a), and all plates, molds, matrices,masters, tapes, film negatives, or other articles by means of whichsuch copies or phonorecords may be reproduced, and all electronic,mechanical, or other devises for manufacturing, reproducing, orassembling such copies or phonorecords may be seized and forfeited tothe United States.(b) The applicable procedures relating to (i) the seizure, summary andjudicial forfeiture, and condemnation of vessels, vehicles,merchandise, and baggage for violations of the customs laws containedin title 19, (ii) the disposition of such vessels, vehicles,merchandise, and baggage or the proceeds from the sale thereof, (iii)the remission or mitigation of such forfeiture, (iv) the compromise ofclaims, and (v) the award of compensation to informers in respect ofsuch forfeitures, shall apply to seizures and forfeitures incurred, oralleged to have been incurred, under the provisions of this section,insofar as applicable and not inconsistent with the provisions of thissection; except that such duties as are imposed upon any officer oremployee of the Treasury Department or any other person with respect tothe seizure and forfeiture of vessels, vehicles, merchandise, andbaggage under the provisions of the customs laws contained in title 19shall be performed with respect seizure and forfeiture of all articlesdescribed in subsection (a) by such officers, agents, or other personsas may be authorized or designated for that purpose by the AttorneyGeneral.Section 510. Remedies for alteration of programing by cable systems.(a) In any action filed pursuant to section 111(c)(3), the followingremedies shall be available;(1) Where an action is brought by a party identified in subsections (b)or (c) of section 501, the remedies provided by sections 502 through505, and the remedy provided by subsection (b) of this section; and(2) When an action is brought by a party identified in subsection (d)of section 501, the remedies provided by sections 502 and 505, togetherwith any actual damages suffered by such party as a result of theinfringement, and the remedy provided by subsection (b) of this section.(b) In any action filed pursuant to section 111(c)(3), the court maydecree that, for a period not to exceed thirty days, the cable systemshall be deprived of the benefit of a compulsory license for one ormore distant signals carried by such cable system.CHAPTER 6--MANUFACTURING REQUIREMENTS AND IMPORTATION. Analysis. Sec. 601. Manufacture, importation, and public distribution of certain copies. 602. Infringing importation of copies or phonorecords. 603. Importation prohibitions: Enforcement and disposition of excluded articles.Section 601. Manufacture, importation, and public distribution ofcertain copies.(a) Prior to July 1, 1986, and except as provided by subsection (b),the importation into or public distribution in the United States ofcopies of a work consisting preponderantly of nondramatic [sic]literary material that is in the English language and is protectedunder this title is prohibited unless the portions consisting of suchmaterial have been manufactured in the United States or Canada.(b) The provisions of subsection (a) do not apply--(1) where on the date when importation is sought or public distributionin the United States is made, the author of any substantial part ofsuch material is neither a national nor a domiciliary of the UnitedStates or, if such author is a national of the United States, he or shehas been domiciled outside the United States for a continuous period ofat least one year immediately preceding that date; in the case of awork made for hire, the exemption provided by this clause does notapply unless a substantial part of the work was prepared for anemployer or other person who is not a national or domiciliary of theUnited States or a domestic corporation or enterprise;(2) where the United States Customs Service is presented with an importstatement issued under the seal of the Copyright Office, in which casea total of no more than two thousand copies of any one such work shallbe allowed entry; the import statement shall be issued upon request tothe copyright owner or to a person designated by such owner at the timeof registration for the work under section 408 or at any timethereafter;(3) where importation is sought under the authority or for the use,other than in schools, of the Government of the United States or of anyState 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 atany one time;(B) by any person arriving from outside the United States, with respectto copies forming part of such person's personal baggage; or(C) by an organization operated for scholarly, educational, orreligious purposes and not for private gain, with respect to copiesintended to form a part of its library;(5) where the copies are reproduced in raised characters for the use ofthe blind; or(6) where, in addition to copies imported under clauses (3) and (4) ofthis subsection, no more than two thousand copies of any one such work,which have not been manufactured in the United States or Canada, arepublicly distributed in the United States; or(7) where, on the date when importation is sought or publicdistribution in the United States is made--(A) the author of any substantial part of such material is anindividual and receives compensation for the transfer or license of theright to distribute the work in the United States; and(B) the first publication of the work has previously taken placeoutside the United States under a transfer or license granted by suchauthor to a transferee or licensee who was not a national ordomiciliary of the United States or domestic corporation or enterprise;and(C) there has been no publication of an authorized edition of the workof which the copies were manufactured in the United States; and(D) the copies were reproduced under a transfer or license granted bysuch author or by the transferee or licensee of the right of firstpublication as mentioned in subclause (B), and the transferee or thelicensee of the right of reproduction was not a national or domiciliaryof the United States or a domestic corporation or enterprise.(c) The requirement of this section that copies be manufactured in theUnited States or Canada is satisfied if--(1) in the case where the copies are printed directly from type thathas been set, or directly from plates made from such type, the settingof the type and the making of the plates have been performed in theUnited States or Canada; and(2) in the case where the making of plates by a lithographic orphotoengraving process is a final or intermediate step preceding theprinting of the copies, the making of the plates has been performed inthe United States or Canada.(3) in any case, the printing or other final process of producingmultiple copies and any binding of the copies have been performed inthe United States or Canada.(d) Importation or public distribution of copies in violation of thissection does not invalidate protection for a work under this title.However, in any civil action or criminal proceeding for infringement ofthe exclusive rights to produce and distribute copies of the work, theinfringer has a complete defense with respect to all of the nondramaticliterary material comprised in the work and any other parts of thework in which the exclusive rights to reproduce and distribute copiesare owned by the same person who owns such exclusive rights in thenondramatic literary material, if the infringer proves--(1) that copies of the work have been imported into or publiclydistributed in the United States in violation of this section by orwith the authority of the owner of such exclusive rights; and(2) that the infringing copies were manufactured in the United Statesor Canada in accordance with the provisions of subsection (c); and(3) that the infringement was commenced before the effective date ofregistration for an authorized edition of the work, the copies of whichhave been manufactured in the United States or Canada in accordancewith the provisions of subsection (c).(e) In any action for infringement of the exclusive rights to reproduceand distribute copies of a work containing material required by thissection to be manufactured in the United States or Canada, thecopyright owner shall set forth in the complaint the names of thepersons or organizations who performed the processes specified bysubsection (c) with respect to that material, and the places wherethose processes were performed.Section 602. Infringing importation of copies or phonorecords.(a) Importation into the United States, without the authority of theowner of copyright under this title, of copies or phonorecords of awork that have been acquired outside the United States is aninfringement of the exclusive right to distribute copies ofphonorecords under section 406, actionable under section 501. Thissubsection does not apply to--(1) importation of copies or phonorecords under the authority or forthe use of the Government of the United States or of any State orpolitical subdivision of a State, but not including copies orphonorecords for purposes other than archival use;(2) importation, for the private use of the importer and not fordistribution, by any person with respect to no more than one copy orphonorecord of any one work at any one time, or by any person arrivingfrom outside the United States with respect to copies or phonorecordsforming part of such person's personal baggage; or(3) importation by or for an organization operated for scholarly,educational, or religious purposes and not for private gain, withrespect to no more than one copy of an audiovisual work solely for itsarchival purposes, and no more than five copies or phonorecords of anyother work for its library lending or archival purposes, unless theimportation of such copies or phonorecords is part of an activityconsisting of systematic reproduction or distribution, engaged in bysuch organization in violation of the provisions of section 108(g)(2).(b) In a case where the making of the copies or phonorecords would haveconstituted an infringement of copyright if this title had beenapplicable, their importation is prohibited. In a case where thecopies or phonorecords were lawfully made, the United States Customsservice has no authority to prevent their importation unless theprovisions of section 601 are applicable. In either case, theSecretary of the Treasury is authorized to prescribe, by regulation, aprocedure under which any person claiming an interest in the copyrightin a particular work may, upon payment of a specified fee, be entitledto notification by the Customs Service of the importation of articlesthat appear to be copies of phonorecords of the work.Section 603. Importation prohibitions: Enforcement and disposition ofexcluded articles.(a) The Secretary of the Treasury and the United States Postal Serviceshall separately or jointly make regulations for the enforcement of theprovisions of this title prohibiting importation.(b) These regulations may require, as a condition for the exclusion ofarticles under section 602--(1) that the person seeking exclusion obtain a court order enjoiningimportation of the articles; or(2) that the person seeking exclusion furnish proof, of a specifiednature and in accordance with prescribed procedures, that the copyrightin which such person claims an interest is valid and that theimportation would violate the prohibition in section 602; the personseeking exclusion may also be required to post a surety bond for anyinjury that may result if the detention or exclusion of the articlesproves to be unjustified.(c) Articles imported in violation of the importation prohibitions ofthis title are subject to seizure and forfeiture in the same manner asproperty imported in violation of the customs revenue laws. Forfeitedarticles shall be destroyed as directed by the Secretary of theTreasury of the court, as the case may be; however, the articles may bereturned to the country of export whenever it is shown to thesatisfaction of the Secretary of the Treasury that the importer had noreasonable grounds for believing that his or her acts constituted aviolation of law.CHAPTER 7--COPYRIGHT OFFICE. Analysis. Sec. 701. The Copyright Office: General responsibilities and organization. 702. Copyright Office regulations. 703. Effective date of actions in Copyright Office. 704. Retention and disposition of articles deposited in Copyright Office. 705. Copyright Office records; Preparation, maintenance, public inspection, and searching. 706. Copies of Copyright Office records. 707. Copyright Office forms and publications. 708. Copyright Office fees. 709. Delay in delivery caused by disruption of postal or other services. 710. Reproduction for use of the blind and physically handicapped: Voluntary licensing forms and procedures.Section 701. The Copyright Office: General responsibilities andorganization.(a) All administrative functions and duties under this title, except asotherwise specified, are the responsibility of the Register ofCopyrights as director of the Copyright Office of the Library ofCongress. The Register of Copyrights, together with the subordinateofficers and employees of the Copyright Office, shall be appointed bythe Librarian of Congress, and shall act under the Librarian's generaldirection and supervision.(b) The Register of Copyrights shall adopt a seal to be used on andafter January 1, 1978, to authenticate all certified documents issuedby the Copyright Office.(c) The Register of Copyrights shall make an annual report to theLibrarian of Congress of the work and accomplishments of the CopyrightOffice during the previous fiscal year. The annual report of theRegister of Copyrights shall be published separately and as a part ofthe annual report of the Librarian of Congress.(d) Except as provided by section 706(b) and the regulations issuedthereunder, all actions taken by the Register of Copyrights under thistitle are subject to the provisions of the Administrative Procedure Actof June 11, 1946, as amended (c. 324, 60 Stat. 237, title 5, UnitedStates Code, Chapter 5, Subchapter II and Chapter 7).Section 702. Copyright Office regulations.The Register of Copyrights is authorized to establish regulations notinconsistent with law for the administration of the functions andduties made the responsibility of the Register under this title. Allregulations established by the Register under this title are subject tothe approval of the Librarian of CongressSection 703. Effective date of actions in Copyright Office.In any case in which time limits are prescribed under this title forthe performance of an action in the Copyright Office, and in which thelast day of the prescribed period falls on a Saturday, Sunday, holiday,or other nonbusiness day within the District of Columbia or the FederalGovernment, the action may be taken on the next succeeding businessday, and is effective as of the date when the period expired.Section 704. Retention and disposition of articles deposited inCopyright Office.(a) Upon their deposit in the Copyright Office under section 407 and408, all copies, phonorecords, and identifying material, includingthose deposited in connection with claims that have been refusedregistration, are the property of the United States Government.(b) In the case of published works, all copies, phonorecords, andidentifying material deposited are available to the Library of Congressfor its collections, or for exchange or transfer to any other library.In the case of unpublished works, the Library is entitled, underregulations that the Register of Copyrights shall prescribe, to selectany deposits for its collections or for transfer to the NationalArchives of the United States or to a Federal records center, asdefined in section 2901 of title 44.(c) The Register of Copyrights is authorized, for specific or generalcategories of works, to make a facsimile reproduction of all or anypart of the material deposited under section 408, and to make suchreproduction a part of the Copyright Office records of theregistration, before transferring such material to the Library ofCongress as provided by subsection (b), or before destroying orotherwise disposing of such material as provided by subsection (d).(d) Deposits not selected by the Library under subsection (b), oridentifying portions or reproductions of them, shall be retained underthe control of the Copyright Office, including retention in Governmentstorage facilities, for the longest period considered practicable anddesirable by the Register of Copyrights and the Librarian of Congress.After that period it is within the joint discretion of the Register andthe Librarian to order their destruction or other disposition; but, inthe case of unpublished works, no deposit shall be knowingly orintentionally destroyed or otherwise disposed of during its term ofcopyright unless a facsimile reproduction of the entire deposit hasbeen made a part of the Copyright Office records as provided bysubsection (c).(e) The depositor of copies, phonorecords, or identifying materialunder section 408, or the copyright owner of record, may requestretention, under the control of the Copyright Office, of one or more ofsuch articles for the full term of copyright in the work. The Registerof Copyrights shall prescribe, by regulation, the conditions underwhich such requests are to be made and granted, and shall fix the feeto be charged under section 708(a)(11) if the request is granted.Section 705. Copyright Office records: Preparation, maintenance,public inspection, and searching.(a) The Register of Copyrights shall provide and keep in the CopyrightOffice records of all deposits, registrations, recordations, and otheractions taken under this title, and shall prepare indexes of all suchrecords.(b) Such records and indexes, as well as the articles deposited inconnection with completed copyright registrations and retained underthe control of the Copyright Office, shall be open to public inspection.(c) Upon request and payment of the fee specified by section 708, theCopyright Office shall make a search of its public records, indexes,and deposits, and shall furnish a report of the information theydisclose with respect to any particular deposits, registrations, orrecorded documents.Section 706. Copies of Copyright Office records.(a) Copies may be made of any public records or indexes of theCopyright Office; additional certificates of copyright registration andcopies of any public records or indexes may be furnished upon requestand payment of the fees specified by section 708.(b) Copies or reproductions of deposited articles retained under thecontrol of the Copyright Office shall be authorized or furnished onlyunder the conditions specified by the Copyright Office regulation.Section 707. Copyright Office forms and publication.(a) Catalog of Copyright Entries--The Register of Copyrights shallcompile and publish at periodic intervals catalogs of all copyrightregistrations. These catalogs shall be divided into parts inaccordance with the various classes of works, and the Register hasdiscretion to determine, on the basis of practicability and usefulness,the form and frequency of publication of each particular part.(b) Other Publication--The Register shall furnish, free of charge uponrequest, application forms for copyright registration and generalinformational material in connection with the functions of theCopyright Office. The Register also has the authority to publishcompilations of information, bibliographies, and other material he orshe considers to be of value to the public.(c) Distribution of Publications.--All publications of the CopyrightOffice shall be furnished to depository libraries as specified undersection 1905 of title 44, and, aside from those furnished free ofcharge, shall be offered for sale to the public at prices based on thecost of reproduction and distribution.Section 708. Copyright Office fees.(a) The following fees shall be paid to the Register of Copyrights:(1) on filing each application for registration of a copyright claim ora supplementary registration under section 408, including the issuanceof a certificate of registration if registration is made, $10;(2) on filing each application for registration of a claim to renewalof a subsisting copyright in its first term under section 304(a),including the issuance of a certificate of registration if registrationis made, $6;(3) for the issuance of a receipt for a deposit under section 407, $2;(4) for the recordation, as provided by section 205, of a transfer ofcopyright ownership or other document of six pages or less, covering nomore than one title; $10; for each page over six and each title overone, 50 cents additional;(5) for the filing, under section 115(b), of a notice of intention tomake phonorecords, $6;(6) for the recordation, under section 302(c), of a statement revealingthe identity of an author of an anonymous or pseudonymous work, or forthe recordation, under section 302(d), of a statement relating to thedeath of an author, $10 for a document of six pages or less, coveringno more than one title; for each page over six and for each title overone, $1 additional;(7) for the issuance, under section 601, of an import statement, $3;(8) for the issuance, under section 706, of an additional certificateof registration, $4;(9) for the issuance of any other certification, $4; the Register ofCopyrights has discretion, on the basis of their cost, to fix the feesfor preparing copies of Copyright Office records, whether they are tobe certified or not;(10) for the making and reporting of a search as provided by section705, and for any related services, $10 for each hour or fraction of anhour consumed;(11) for any other special services requiring a substantial amount oftime or expense, such fees as the Register of Copyrights may fix on thebasis of the cost of providing the service.(b) The fees prescribed by or under this section are applicable to theUnited States Government and any of its agencies, employees, orofficers, but the Register of Copyrights has discretion to waive therequirement of this subsection in occasional or isolated casesinvolving relatively small amounts.(c) All fees received under this section shall be deposited by theRegister of Copyrights in the Treasury of the United States and shallbe credited to the appropriation for necessary expenses of theCopyright Office. The Register may, in accordance with regulationsthat he or she shall prescribe, refund any sum paid by mistake or inexcess of the fee required by this section.Section 709. Delay in delivery caused by disruption of postal or otherservices.In any case in which the Register of Copyrights determines, on thebasis of such evidence as the Register may by regulation require, thata deposit, application, fee, or any other material to be delivered tothe Copyright Office by a particular date, would have been received inthe Copyright Office in due time except for a general disruption orsuspension of postal or other transportation or communicationsservices, the actual receipt of such material in the Copyright Officewithin one month after the date on which the Register determines thatthe disruption or suspension of such services has terminated, shall beconsidered timely.Section 710. Reproduction for use of the blind and physicallyhandicapped: Voluntary licensing forms and procedures.The Register of Copyrights shall, after consultation with the Chief ofthe Division for the Blind and Physically Handicapped and otherappropriate officials of the Library of Congress, establish byregulation standardized forms and procedures by which, at the timeapplications covering certain specified categories of nondramaticliterary works are submitted for registration under section 408 of thistitle, the copyright owner may voluntarily grant to the Library ofCongress a license to reproduce the copyrighted work by means ofBraille or similar tactile symbols, or by fixation of a reading of thework in a phonorecord, or both, and to distribute the resulting copiesor phonorecords solely for the use of the blind and physicallyhandicapped and under limited conditions to be specified in thestandardized forms.CHAPTER 8--COPYRIGHT ROYALTY TRIBUNAL. Analysis. Sec. 801. Copyright Royalty Tribunal: Establishment and purpose. 802. Membership of the Tribunal. 803. Procedures of the Tribunal. 804. Institution and conclusion of proceedings. 805. Staff of the Tribunal. 806. Administrative support of the Tribunal. 807. Deduction of costs of proceedings. 808. Reports. 809. Effective date of final determinations. 810. Judicial review.Section 801. Copyright Royalty Tribunal: Establishment and purpose.(a) There is hereby an independent Copyright Royalty Tribunal in thelegislative branch.(b) Subject to the provisions of this chapter, the purposes of theTribunal shall be--(1) to make determinations concerning the adjustment of reasonablecopyright royalty rates as provided in sections 115 and 116, and tomake determinations as to reasonable terms and rates of royaltypayments as provided in section 118. The rates applicable undersections 115 and 116 shall be calculated to achieve the followingobjectives.(A) To maximize the availability of creative works to the public;(B) To afford the copyright owner a fair return for his creative workand the copyright user a fair income under existing economic conditions;(C) To reflect the relative roles of the copyright owner and thecopyright user in the product made available to the public with respectto relative creative contribution, technological contribution, capitalinvestment, cost, risk, and contribution to the opening of new marketsfor creative expression and media for their communication;(D) To minimize any disruptive impact on the structure of theindustries involved and on generally prevailing industry practices.(2) to make determinations concerning the adjustment of copyrightroyalty rates in section 111 solely in accordance with the followingprovisions:(A) The rates established by section 111(d)(2)(B) may be adjusted toreflect (i) national monetary inflation or deflation or (ii) changes inthe average rates charged cable subscribers for the basic service ofproviding secondary transmissions to maintain the real constant dollarlevel of the royalty fee per subscriber which existed as of the date ofenactment of this Act: Provided, That if the average rates chargedcable system subscribers for the basic service of providing secondarytransmissions are changed so that the average rates exceed nationalmonetary inflation, no change in the rates established by section111(d)(2)(B) shall be permitted: And provided further, That no increasein the royalty fee shall be permitted based on any reduction in theaverage number of distant signal equivalents per subscriber. TheCommission may consider all factors relating to the maintenance of suchlevel of payments including, as an extenuating factor, whether thecable industry has been restrained by subscriber rate regulatingauthorities from increasing the rates for the basic service ofproviding secondary transmissions.(B) In the event that the rules and regulations of the FederalCommunications Commission are amended at any time after April 15, 1976,to permit the carriage by cable systems of additional televisionbroadcast signals beyond the local service area of the primarytransmitters of such signals, the royalty rates established by section111(d)(2)(B) may be adjusted to insure that the rates for theadditional distant signal equivalents resulting from such carriage arereasonable in the light of the changes effected by the amendment tosuch rules and regulations. In determining the reasonableness of ratesproposed following an amendment of Federal Communications Commissionrules and regulations, the Copyright Royalty Tribunal shall consider,among other factors, the economic impact on copyright owners and users:Provided, That no adjustment in royalty rates shall be made under thissubclause with respect to any distant signal equivalent or fractionthereof represented by (i) carriage of a signal of the same type (thatis, independent, network, or noncommercial educational) substituted forsuch permitted signal, or (ii) a television broadcast signal firstcarried after April 15, 1976, pursuant to an individual waiver of therules and regulations of the Federal Communications Commission, as suchrules and regulations were in effect on April 14, 1976.(C) In the event of any change in the rules and regulations of theFederal Communications Commission with respect to syndicated and sportsprogram exclusivity after April 15, 1976, the rates established bysection 111(d)(2)(B) may be adjusted to assure that such rates arereasonable in light of the changes to such rules and regulations, butany such adjustment shall apply only to the affected televisionbroadcast signals carried on those systems affected by the change.(D) The gross receipts limitations established by section 111(d)(2)(C)and (D) shall be adjusted to reflect national monetary inflation ordeflation or changes in the average rates charged cable systemsubscribers for the basic service of providing secondary transmissionsto maintain the real constant dollar value of the exemption provided bysuch section; and the royalty rate specified therein shall not besubject to adjustment; and(3) As soon as possible after the date of enactment of this Act, and nolater than six months following such date, the President shall publisha notice announcing the initial appointments provided in section 802,and shall designate an order of seniority among the initially-appointedcommissioners for purposes of section 802(b).Section 802. Membership of the Tribunal.(a) The Tribunal shall be composed of five commissioners appointed bythe President with the advise and consent of the Senate for a term ofseven years each; of the first five members appointed, three shall bedesignated to serve for seven years from the date of the noticespecified in section 801(C), and two shall be designated to serve forfive years from such date, respectively. Commissioners shall becompensated at the highest rate now or hereafter prescribe sic forgrade 18 of the General Schedule pay rates (5 U.S.C. 5332).(b) Upon convening the commissioners shall elect a chairman from amongthe commissioners appointed for a full seven-year term. Such chairmanshall serve for a term of one year. Thereafter, the most seniorcommissioner who has not previously served as chairman shall serve aschairman for a period of one year, except that, if all commissionershave served a full term as chairman, the most senior commissioner whohas served the least number of terms as chairman shall be designated aschairman.(c) Any vacancy in the Tribunal shall not affect its powers and shallbe filed, for the unexpired term of the appointment, in the same manneras the original appointment was made.Section 803. Procedures of the Tribunal.(a) The Tribunal shall adopt regulations, not inconsistent with law,governing procedure and methods of operation. Except as otherwiseprovided in this chapter, the Tribunal shall be subject to theprovisions of the Administrative Procedure Act of June 11, 1946, asamended (c. 324, 60 Stat. 237, title 5, United States Code, chapter5, subchapter II and chapter 7).Section 804. Institution and conclusion of proceedings.(a) With respect to proceedings under section 801(b)(1) concerning theinvestment of royalty rates as provided in sections 115 and 116, andwith respect to proceedings under section 801(b)(2)(A) and (D)--(1) on January 1, 1980, the Chairman of the Tribunal shall cause to bepublished in the Federal Register notice of commencement of proceedingsunder this chapter; and(2) during the calendar years specified in the following schedule, anyowner or user of a copyrighted work whose royalty rates are specifiedby this title, or by a rate established by the Tribunal, may file apetition with the Tribunal declaring that the petitioner requests anadjustment of the rate. The Tribunal shall make a determination as towhether the applicant has a significant interest in the royalty rate inwhich an adjustment is requested. If the Tribunal determines that thepetitioner has a significant interest, the Chairman shall cause noticeof this determination, with the reasons therefor, to be published inthe Federal Register, together with notice of commencement ofproceedings under this chapter.(A) In proceedings under section 801(b)(2)(A) and (D), such petitionmay be filed during 1985 and in each subsequent fifth calendar year.(B) In proceedings under section 801(b)(1) concerning the adjustment ofroyalty rates as provided in section 115, such petition may be filed in1987 and in each subsequent tenth calendar year.(C) In proceedings under section 801(b)(1) concerning the adjustment ofroyalty rates under section 116, such petition may be filed in 1990 andin each subsequent tenth calendar year.(b) With respect to proceedings under subclause (B) or (C) of section(_)(2), following an event described in either of those subsections,any ____ or user of a copyrighted work whose royalty rates arespecified by section ____ by a rate established by the Tribunal, may,within twelve months, file a ___on with the Tribunal declaring that thepetitioner requests an adjustment of the rate. In this event theTribunal shall proceed as in subsection (a)(2), above. Any change inroyalty rates made by the Tribunal pursuant to this subsection may bereconsidered in 1980, 1985, and each fifth calendar year thereafter, inaccordance with the provisions in section 801(b)(2)(B) or (C), as thecase may be.(c) With respect to proceedings under section 801(b)(1), concerning thedetermination of reasonable terms and rates of royalty payments asprovided in section 118, the Tribunal shall proceed when and asprovided by that section.(d) With respect to proceedings under section 801(b)(3), concerning thedistribution of royalty fees in certain circumstances under sections111 or 116, the Chairman of the Tribunal shall, upon determination bythe Tribunal that a controversy exists concerning such distribution,cause to be published in the Federal Register notice of commencement ofproceedings under this chapter.(e) All proceedings under this chapter shall be initiated without delayfollowing publication of the notice specified in this section, and theTribunal shall render its final decision in any such proceeding withone year from the date of such publication.Section 805. Staff of the Tribunal.(a) The Tribunal is authorized to appoint and fix the compensation ofsuch employees as may be necessary to carry out the provisions of thischapter, and to prescribe their functions and duties.(b) The Tribunal may procure temporary and intermittent services to thesame extent as is authorized by section 3109 of title 5.Section 806. Administrative support of the Tribunal.(a) The Library of Congress shall provide the Tribunal with necessaryadministrative services, including those related to budgeting,accounting, financial reporting, travel, personnel, and procurement.The Tribunal shall pay the Library for such services, either in advanceor by reimbursement from the funds of the Tribunal, at amounts to beagreed upon between the Librarian and the Tribunal.(b) The Library of Congress is authorized to disburse funds for theTribunal, under regulations prescribed jointly by the Librarian ofCongress and the Tribunal and approved by the Comptroller General.Such regulations shall establish requirements and procedures underwhich every voucher certified for payment by the Library of Congressunder this chapter shall be supported with a certification by a dulyauthorized officer or employee of the Tribunal, and shall prescribe theresponsibilities and accountability of said officers and employees ofthe Tribunal with respect to such certifications.Section 807. Deduction of costs of proceedings.Before any funds are distributed pursuant to a final decision in aproceeding involving distribution of royalty fees, the Tribunal shallassess the reasonable costs of such proceeding.Section 808. Reports.In addition to its publication of the reports of all finaldeterminations as provided in section 803(b), the Tribunal shall makean annual report to the President and the Congress concerning theTribunal's work during the preceding fiscal year, including a detailedfiscal statement of account.Section 809. Effective date of final determinations.Any final determination by the Tribunal under this chapter shall becomeeffective thirty days following its publication in the Federal Registeras provided in section 803(b), unless prior to that time an appeal hasbeen filed pursuant to section 810, to vacate, modify, or correct suchdetermination, and notice of such appeal has been served on all partieswho appeared before the Tribunal in the proceeding in question. Wherethe proceeding involves the distribution of royalty fees under sections111 or 116, the Tribunal shall, upon the expiration of such thirty-dayperiod, distribute any royalty fees not subject to an appeal filedpursuant to section 810.Section 810. Judicial review.Any final decision of the Tribunal in a proceeding under section 801(b)may be appealed to the United States Court of Appeals, within thirtydays after its publication in the Federal Register by an aggrievedparty. The judicial review of the decision shall be had, in accordancewith chapter 7 of title 5, on the basis of the record before theTribunal. No court shall have jurisdiction to review a final decisionof the Tribunal except as provided in this section.

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Annotated Text Information

June 19, 2014

fair use statute copyright

Tıtle 17 (Copyright Act)

Tıtle 17, Section 107 (Fair Use)

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