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  • COPYRIGHT.ht : U.S. Copyright Law: Chapter 7
    its term of copyright unless a facsimile reproduction of the entire deposit has been made a part of the Copyright Office records as provided by subsection c e The depositor of copies phonorecords or identifying material under section 408 or the copyright owner of record may request retention under the control of the Copyright Office of one or more of such articles for the full term of copyright in the work The Register of Copyrights shall prescribe by regulation the conditions under which such requests are to be made and granted and shall fix the fee to be charged under section 708 a 10 if the request is granted 705 Copyright Office records Preparation maintenance public inspection and searching 5 a The Register of Copyrights shall ensure that records of deposits registrations recordations and other actions taken under this title are maintained and that indexes of such records are prepared b Such records and indexes as well as the articles deposited in connection with completed copyright registrations and retained under the control of the Copyright Office shall be open to public inspection c Upon request and payment of the fee specified by section 708 the Copyright Office shall make a search of its public records indexes and deposits and shall furnish a report of the information they disclose with respect to any particular deposits registrations or recorded documents 706 Copies of Copyright Office records a Copies may be made of any public records or indexes of the Copyright Office additional certificates of copyright registration and copies of any public records or indexes may be furnished upon request and payment of the fees specified by section 708 b Copies or reproductions of deposited articles retained under the control of the Copyright Office shall be authorized or furnished only under the conditions specified by the Copyright Office regulations 707 Copyright Office forms and publications a Catalog of Copyright Entries The Register of Copyrights shall compile and publish at periodic intervals catalogs of all copyright registrations These catalogs shall be divided into parts in accordance with the various classes of works and the Register has discretion to determine on the basis of practicability and usefulness the form and frequency of publication of each particular part b Other Publications The Register shall furnish free of charge upon request application forms for copyright registration and general informational material in connection with the functions of the Copyright Office The Register also has the authority to publish compilations of information bibliographies and other material he or she considers to be of value to the public c Distribution of Publications All publications of the Copyright Office shall be furnished to depository libraries as specified under section 1905 of title 44 and aside from those furnished free of charge shall be offered for sale to the public at prices based on the cost of reproduction and distribution 708 Copyright Office fees 6 a Fees Fees shall be paid to the Register of Copyrights 1 on filing each application under section 408 for registration of a copyright claim or for a supplementary registration including the issuance of a certificate of registration if registration is made 2 on filing each application for registration of a claim for renewal of a subsisting copyright under section 304 a including the issuance of a certificate of registration if registration is made 3 for the issuance of a receipt for a deposit under section 407 4 for the recordation as provided by section 205 of a transfer of copyright ownership or other document 5 for the filing under section 115 b of a notice of intention to obtain a compulsory license 6 for the recordation under section 302 c of a statement revealing the identity of an author of an anonymous or pseudonymous work or for the recordation under section 302 d of a statement relating to the death of an author 7 for the issuance under section 706 of an additional certificate of registration 8 for the issuance of any other certification and 9 for the making and reporting of a search as provided by section 705 and for any related services The Register of Copyrights is authorized to fix fees for other services including the cost of preparing copies of Copyright Office records whether or not such copies are certified based on the cost of providing the service b Adjustment of Fees The Register of Copyrights may by regulation adjust the fees for the services specified in paragraphs 1 through 9 of subsection a in the following manner 7 1 The Register shall conduct a study of the costs incurred by the Copyright Office for the registration of claims the recordation of documents and the provision of services The study shall also consider the timing of any adjustment in fees and the authority to use such fees consistent with the budget 2 The Register may on the basis of the study under paragraph 1 and subject to paragraph 5 adjust fees to not more than that necessary to cover the reasonable costs incurred by the Copyright Office for the services described in paragraph 1 plus a reasonable inflation adjustment to account for any estimated increase in costs 3 Any fee established under paragraph 2 shall be rounded off to the nearest dollar or for a fee less than 12 rounded off to the nearest 50 cents 4 Fees established under this subsection shall be fair and equitable and give due consideration to the objectives of the copyright system 5 If the Register determines under paragraph 2 that fees should be adjusted the Register shall prepare a proposed fee schedule and submit the schedule with the accompanying economic analysis to the Congress The fees proposed by the Register may be instituted after the end of 120 days after the schedule is submitted to the Congress unless within that 120 day period a law is enacted stating in substance that the Congress does not approve the schedule c The fees prescribed by or under this

    Original URL path: http://www.copyright.ht/hypertext/copyright-act/92chap7.html (2016-01-15)
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  • COPYRIGHT.ht : U.S. Copyright Law: Chapter 8
    for administrative law judges pursuant to section 5372 b of title 5 and each of the other two Copyright Royalty Judges shall receive compensation at the rate of basic pay payable for level AL 2 for administrative law judges pursuant to such section The compensation of the Copyright Royalty Judges shall not be subject to any regulations adopted by the Office of Personnel Management pursuant to its authority under section 5376 b 1 of title 5 2 Staff members Of the staff members appointed under subsection b A the rate of pay of 1 staff member shall be not more than the basic rate of pay payable for level 10 of GS 15 of the General Schedule B the rate of pay of 1 staff member shall be not less than the basic rate of pay payable for GS 13 of the General Schedule and not more than the basic rate of pay payable for level 10 of GS 14 of such Schedule and C the rate of pay for the third staff member shall be not less than the basic rate of pay payable for GS 8 of the General Schedule and not more than the basic rate of pay payable for level 10 of GS 11 of such Schedule 3 Locality pay All rates of pay referred to under this subsection shall include locality pay f Independence of Copyright Royalty Judge 1 In making determinations A In general i Subject to subparagraph B and clause ii of this subparagraph the Copyright Royalty Judges shall have full independence in making determinations concerning adjustments and determinations of copyright royalty rates and terms the distribution of copyright royalties the acceptance or rejection of royalty claims rate adjustment petitions and petitions to participate and in issuing other rulings under this title except that the Copyright Royalty Judges may consult with the Register of Copyrights on any matter other than a question of fact ii One or more Copyright Royalty Judges may or by motion to the Copyright Royalty Judges any participant in a proceeding may request from the Register of Copyrights an interpretation of any material questions of substantive law that relate to the construction of provisions of this title and arise in the course of the proceeding Any request for a written interpretation shall be in writing and on the record and reasonable provision shall be made to permit participants in the proceeding to comment on the material questions of substantive law in a manner that minimizes duplication and delay Except as provided in subparagraph B the Register of Copyrights shall deliver to the Copyright Royalty Judges a written response within 14 days after the receipt of all briefs and comments from the participants The Copyright Royalty Judges shall apply the legal interpretation embodied in the response of the Register of Copyrights if it is timely delivered and the response shall be included in the record that accompanies the final determination The authority under this clause shall not be construed to authorize the Register of Copyrights to provide an interpretation of questions of procedure before the Copyright Royalty Judges the ultimate adjustments and determinations of copyright royalty rates and terms the ultimate distribution of copyright royalties or the acceptance or rejection of royalty claims rate adjustment petitions or petitions to participate in a proceeding B Novel questions i In any case in which a novel material question of substantive law concerning an interpretation of those provisions of this title that are the subject of the proceeding is presented the Copyright Royalty Judges shall request a decision of the Register of Copyrights in writing to resolve such novel question Reasonable provision shall be made for comment on such request by the participants in the proceeding in such a way as to minimize duplication and delay The Register of Copyrights shall transmit his or her decision to the Copyright Royalty Judges within 30 days after the Register of Copyrights receives all of the briefs or comments of the participants Such decision shall be in writing and included by the Copyright Royalty Judges in the record that accompanies their final determination If such a decision is timely delivered to the Copyright Royalty Judges the Copyright Royalty Judges shall apply the legal determinations embodied in the decision of the Register of Copyrights in resolving material questions of substantive law ii In clause i a novel question of law is a question of law that has not been determined in prior decisions determinations and rulings described in section 803 a C Consultation Notwithstanding the provisions of subparagraph A the Copyright Royalty Judges shall consult with the Register of Copyrights with respect to any determination or ruling that would require that any act be performed by the Copyright Office and any such determination or ruling shall not be binding upon the Register of Copyrights D Review of legal conclusions by the register of copyrights The Register of Copyrights may review for legal error the resolution by the Copyright Royalty Judges of a material question of substantive law under this title that underlies or is contained in a final determination of the Copyright Royalty Judges If the Register of Copyrights concludes after taking into consideration the views of the participants in the proceeding that any resolution reached by the Copyright Royalty Judges was in material error the Register of Copyrights shall issue a written decision correcting such legal error which shall be made part of the record of the proceeding The Register of Copyrights shall issue such written decision not later than 60 days after the date on which the final determination by the Copyright Royalty Judges is issued Additionally the Register of Copyrights shall cause to be published in the Federal Register such written decision together with a specific identification of the legal conclusion of the Copyright Royalty Judges that is determined to be erroneous As to conclusions of substantive law involving an interpretation of the statutory provisions of this title the decision of the Register of Copyrights shall be binding as precedent upon the Copyright Royalty Judges in subsequent proceedings under this chapter When a decision has been rendered pursuant to this subparagraph the Register of Copyrights may on the basis of and in accordance with such decision intervene as of right in any appeal of a final determination of the Copyright Royalty Judges pursuant to section 803 d in the United States Court of Appeals for the District of Columbia Circuit If prior to intervening in such an appeal the Register of Copyrights gives notification to and undertakes to consult with the Attorney General with respect to such intervention and the Attorney General fails within a reasonable period after receiving such notification to intervene in such appeal the Register of Copyrights may intervene in such appeal in his or her own name by any attorney designated by the Register of Copyrights for such purpose Intervention by the Register of Copyrights in his or her own name shall not preclude the Attorney General from intervening on behalf of the United States in such an appeal as may be otherwise provided or required by law E Effect on judicial review Nothing in this section shall be interpreted to alter the standard applied by a court in reviewing legal determinations involving an interpretation or construction of the provisions of this title or to affect the extent to which any construction or interpretation of the provisions of this title shall be accorded deference by a reviewing court 2 Performance appraisals A In general Notwithstanding any other provision of law or any regulation of the Library of Congress and subject to subparagraph B the Copyright Royalty Judges shall not receive performance appraisals B Relating to sanction or removal To the extent that the Librarian of Congress adopts regulations under subsection h relating to the sanction or removal of a Copyright Royalty Judge and such regulations require documentation to establish the cause of such sanction or removal the Copyright Royalty Judge may receive an appraisal related specifically to the cause of the sanction or removal g Inconsistent Duties Barred No Copyright Royalty Judge may undertake duties that conflict with his or her duties and responsibilities as a Copyright Royalty Judge h Standards of Conduct The Librarian of Congress shall adopt regulations regarding the standards of conduct including financial conflict of interest and restrictions against ex parte communications which shall govern the Copyright Royalty Judges and the proceedings under this chapter i Removal or Sanction The Librarian of Congress may sanction or remove a Copyright Royalty Judge for violation of the standards of conduct adopted under subsection h misconduct neglect of duty or any disqualifying physical or mental disability Any sanction or removal may be made only after notice and opportunity for a hearing but the Librarian of Congress may suspend the Copyright Royalty Judge during the pendency of such hearing The Librarian shall appoint an interim Copyright Royalty Judge during the period of any such suspension 803 Institution and conclusion of proceedings 4 a Proceedings 1 In general The Copyright Royalty Judges shall act in accordance with this title and to the extent not inconsistent with this title in accordance with subchapter II of chapter 5 of title 5 in carrying out the purposes set forth in section 801 The Copyright Royalty Judges shall act in accordance with regulations issued by the Copyright Royalty Judges and the Librarian of Congress and on the basis of a written record prior determinations and interpretations of the Copyright Royalty Tribunal Librarian of Congress the Register of Copyrights copyright arbitration royalty panels to the extent those determinations are not inconsistent with a decision of the Librarian of Congress or the Register of Copyrights and the Copyright Royalty Judges to the extent those determinations are not inconsistent with a decision of the Register of Copyrights that was timely delivered to the Copyright Royalty Judges pursuant to section 802 f 1 A or B or with a decision of the Register of Copyrights pursuant to section 802 f 1 D under this chapter and decisions of the court of appeals under this chapter before on or after the effective date of the Copyright Royalty and Distribution Reform Act of 2004 2 Judges acting as panel and individually The Copyright Royalty Judges shall preside over hearings in proceedings under this chapter en banc The Chief Copyright Royalty Judge may designate a Copyright Royalty Judge to preside individually over such collateral and administrative proceedings and over such proceedings under paragraphs 1 through 5 of subsection b as the Chief Judge considers appropriate 3 Determinations Final determinations of the Copyright Royalty Judges in proceedings under this chapter shall be made by majority vote A Copyright Royalty Judge dissenting from the majority on any determination under this chapter may issue his or her dissenting opinion which shall be included with the determination b Procedures 1 Initiation A Call for petitions to participate i The Copyright Royalty Judges shall cause to be published in the Federal Register notice of commencement of proceedings under this chapter calling for the filing of petitions to participate in a proceeding under this chapter for the purpose of making the relevant determination under section 111 112 114 115 116 118 119 1004 or 1007 as the case may be I promptly upon a determination made under section 804 a II by no later than January 5 of a year specified in paragraph 2 of section 804 b for the commencement of proceedings III by no later than January 5 of a year specified in subparagraph A or B of paragraph 3 of section 804 b for the commencement of proceedings or as otherwise provided in subparagraph A or C of such paragraph for the commencement of proceedings IV as provided under section 804 b 8 or V by no later than January 5 of a year specified in any other provision of section 804 b for the filing of petitions for the commencement of proceedings if a petition has not been filed by that date except that the publication of notice requirement shall not apply in the case of proceedings under section 111 that are scheduled to commence in 2005 ii Petitions to participate shall be filed by no later than 30 days after publication of notice of commencement of a proceeding under clause i except that the Copyright Royalty Judges may for substantial good cause shown and if there is no prejudice to the participants that have already filed petitions accept late petitions to participate at any time up to the date that is 90 days before the date on which participants in the proceeding are to file their written direct statements Notwithstanding the preceding sentence petitioners whose petitions are filed more than 30 days after publication of notice of commencement of a proceeding are not eligible to object to a settlement reached during the voluntary negotiation period under paragraph 3 and any objection filed by such a petitioner shall not be taken into account by the Copyright Royalty Judges B Petitions to participate Each petition to participate in a proceeding shall describe the petitioner s interest in the subject matter of the proceeding Parties with similar interests may file a single petition to participate 2 Participation in general Subject to paragraph 4 a person may participate in a proceeding under this chapter including through the submission of briefs or other information only if A that person has filed a petition to participate in accordance with paragraph 1 either individually or as a group under paragraph 1 B B the Copyright Royalty Judges have not determined that the petition to participate is facially invalid C the Copyright Royalty Judges have not determined sua sponte or on the motion of another participant in the proceeding that the person lacks a significant interest in the proceeding and D the petition to participate is accompanied by either i in a proceeding to determine royalty rates a filing fee of 150 or ii in a proceeding to determine distribution of royalty fees I a filing fee of 150 or II a statement that the petitioner individually or as a group will not seek a distribution of more than 1000 in which case the amount distributed to the petitioner shall not exceed 1000 3 Voluntary negotiation period A Commencement of proceedings i Rate adjustment proceeding Promptly after the date for filing of petitions to participate in a proceeding the Copyright Royalty Judges shall make available to all participants in the proceeding a list of such participants and shall initiate a voluntary negotiation period among the participants ii Distribution proceeding Promptly after the date for filing of petitions to participate in a proceeding to determine the distribution of royalties the Copyright Royalty Judges shall make available to all participants in the proceeding a list of such participants The initiation of a voluntary negotiation period among the participants shall be set at a time determined by the Copyright Royalty Judges B Length of proceedings The voluntary negotiation period initiated under subparagraph A shall be 3 months C Determination of subsequent proceedings At the close of the voluntary negotiation proceedings the Copyright Royalty Judges shall if further proceedings under this chapter are necessary determine whether and to what extent paragraphs 4 and 5 will apply to the parties 4 Small claims procedure in distribution proceedings A In general If in a proceeding under this chapter to determine the distribution of royalties the contested amount of a claim is 10 000 or less the Copyright Royalty Judges shall decide the controversy on the basis of the filing of the written direct statement by the participant the response by any opposing participant and 1 additional response by each such party B Bad faith inflation of claim If the Copyright Royalty Judges determine that a participant asserts in bad faith an amount in controversy in excess of 10 000 for the purpose of avoiding a determination under the procedure set forth in subparagraph A the Copyright Royalty Judges shall impose a fine on that participant in an amount not to exceed the difference between the actual amount distributed and the amount asserted by the participant 5 Paper proceedings The Copyright Royalty Judges in proceedings under this chapter may decide sua sponte or upon motion of a participant to determine issues on the basis of the filing of the written direct statement by the participant the response by any opposing participant and one additional response by each such participant Prior to making such decision to proceed on such a paper record only the Copyright Royalty Judges shall offer to all parties to the proceeding the opportunity to comment on the decision The procedure under this paragraph A shall be applied in cases in which there is no genuine issue of material fact there is no need for evidentiary hearings and all participants in the proceeding agree in writing to the procedure and B may be applied under such other circumstances as the Copyright Royalty Judges consider appropriate 6 Regulations A In general The Copyright Royalty Judges may issue regulations to carry out their functions under this title All regulations issued by the Copyright Royalty Judges are subject to the approval of the Librarian of Congress Not later than 120 days after Copyright Royalty Judges or interim Copyright Royalty Judges as the case may be are first appointed after the enactment of the Copyright Royalty and Distribution Reform Act of 2004 such judges shall issue regulations to govern proceedings under this chapter B Interim regulations Until regulations are adopted under subparagraph A the Copyright Royalty Judges shall apply the regulations in effect under this chapter on the day before the effective date of the Copyright Royalty and Distribution Reform Act of 2004 to the extent such regulations are not inconsistent with this chapter except that functions carried out under such regulations by the Librarian of Congress the Register of Copyrights or copyright arbitration royalty panels that as of such date of enactment are to be carried out by the Copyright Royalty Judges under this chapter shall be carried out by the Copyright Royalty Judges under such regulations C Requirements Regulations issued under subparagraph A shall include the following i The written direct statements and written rebuttal statements of all participants in a proceeding under paragraph 2 shall be filed by a date specified by the Copyright Royalty Judges which in the case of written direct statements may be not earlier than 4 months and not later than 5 months after the end of the voluntary negotiation period under paragraph 3 Notwithstanding the preceding sentence the Copyright Royalty Judges may allow a participant in a proceeding to file an amended written direct statement based on new information received during the discovery process within 15 days after the end of the discovery period specified in clause iv ii I Following the submission to the Copyright Royalty Judges of written direct statements and written rebuttal statements by the participants in a proceeding under paragraph 2 the Copyright Royalty Judges after taking into consideration the views of the participants in the proceeding shall determine a schedule for conducting and completing discovery II In this chapter the term written direct statements means witness statements testimony and exhibits to be presented in the proceedings and such other information that is necessary to establish terms and rates or the distribution of royalty payments as the case may be as set forth in regulations issued by the Copyright Royalty Judges iii Hearsay may be admitted in proceedings under this chapter to the extent deemed appropriate by the Copyright Royalty Judges iv Discovery in connection with written direct statements shall be permitted for a period of 60 days except for discovery ordered by the Copyright Royalty Judges in connection with the resolution of motions orders and disputes pending at the end of such period The Copyright Royalty Judges may order a discovery schedule in connection with written rebuttal statements v Any participant under paragraph 2 in a proceeding under this chapter to determine royalty rates may request of an opposing participant nonprivileged documents directly related to the written direct statement or written rebuttal statement of that participant Any objection to such a request shall be resolved by a motion or request to compel production made to the Copyright Royalty Judges in accordance with regulations adopted by the Copyright Royalty Judges Each motion or request to compel discovery shall be determined by the Copyright Royalty Judges or by a Copyright Royalty Judge when permitted under subsection a 2 Upon such motion the Copyright Royalty Judges may order discovery pursuant to regulations established under this paragraph vi I Any participant under paragraph 2 in a proceeding under this chapter to determine royalty rates may by means of written motion or on the record request of an opposing participant or witness other relevant information and materials if absent the discovery sought the Copyright Royalty Judges resolution of the proceeding would be substantially impaired In determining whether discovery will be granted under this clause the Copyright Royalty Judges may consider aa whether the burden or expense of producing the requested information or materials outweighs the likely benefit taking into account the needs and resources of the participants the importance of the issues at stake and the probative value of the requested information or materials in resolving such issues bb whether the requested information or materials would be unreasonably cumulative or duplicative or are obtainable from another source that is more convenient less burdensome or less expensive and cc whether the participant seeking discovery has had ample opportunity by discovery in the proceeding or by other means to obtain the information sought II This clause shall not apply to any proceeding scheduled to commence after December 31 2010 vii In a proceeding under this chapter to determine royalty rates the participants entitled to receive royalties shall collectively be permitted to take no more than 10 depositions and secure responses to no more than 25 interrogatories and the participants obligated to pay royalties shall collectively be permitted to take no more than 10 depositions and secure responses to no more than 25 interrogatories The Copyright Royalty Judges shall resolve any disputes among similarly aligned participants to allocate the number of depositions or interrogatories permitted under this clause viii The rules and practices in effect on the day before the effective date of the Copyright Royalty and Distribution Reform Act of 2004 relating to discovery in proceedings under this chapter to determine the distribution of royalty fees shall continue to apply to such proceedings on and after such effective date ix In proceedings to determine royalty rates the Copyright Royalty Judges may issue a subpoena commanding a participant or witness to appear and give testimony or to produce and permit inspection of documents or tangible things if the Copyright Royalty Judgesâ resolution of the proceeding would be substantially impaired by the absence of such testimony or production of documents or tangible things Such subpoena shall specify with reasonable particularity the materials to be produced or the scope and nature of the required testimony Nothing in this clause shall preclude the Copyright Royalty Judges from requesting the production by a nonparticipant of information or materials relevant to the resolution by the Copyright Royalty Judges of a material issue of fact x The Copyright Royalty Judges shall order a settlement conference among the participants in the proceeding to facilitate the presentation of offers of settlement among the participants The settlement conference shall be held during a 21 day period following the 60 day discovery period specified in clause iv and shall take place outside the presence of the Copyright Royalty Judges xi No evidence including exhibits may be submitted in the written direct statement or written rebuttal statement of a participant without a sponsoring witness except where the Copyright Royalty Judges have taken official notice or in the case of incorporation by reference of past records or for good cause shown c Determination of Copyright Royalty Judges 1 Timing The Copyright Royalty Judges shall issue their determination in a proceeding not later than 11 months after the conclusion of the 21 day settlement conference period under subsection b 6 C x but in the case of a proceeding to determine successors to rates or terms that expire on a specified date in no event later than 15 days before the expiration of the then current statutory rates and terms 2 Rehearings A In general The Copyright Royalty Judges may in exceptional cases upon motion of a participant in a proceeding under subsection b 2 order a rehearing after the determination in the proceeding is issued under paragraph 1 on such matters as the Copyright Royalty Judges determine to be appropriate B Timing for filing motion Any motion for a rehearing under subparagraph A may only be filed within 15 days after the date on which the Copyright Royalty Judges deliver to the participants in the proceeding their initial determination C Participation by opposing party not required In any case in which a rehearing is ordered any opposing party shall not be required to participate in the rehearing except that nonparticipation may give rise to the limitations with respect to judicial review provided for in subsection d 1 D No negative inference No negative inference shall be drawn from lack of participation in a rehearing E Continuity of rates and terms i If the decision of the Copyright Royalty Judges on any motion for a rehearing is not rendered before the expiration of the statutory rates and terms that were previously in effect in the case of a proceeding to determine successors to rates and terms that expire on a specified date then I the initial determination of the Copyright Royalty Judges that is the subject of the rehearing motion shall be effective as of the day following the date on which the rates and terms that were previously in effect expire and II in the case of a proceeding under section 114 f 1 C or 114 f 2 C royalty rates and terms shall for purposes of section 114 f 4 B be deemed to have been set at those rates and terms contained in the initial determination of the Copyright Royalty Judges that is the subject of the rehearing motion as of the date of that determination ii The pendency of a motion for a rehearing under this paragraph shall not relieve persons obligated to make royalty payments who would be affected by the determination on that motion from providing the statements of account and any reports of use to the extent required and paying the royalties required under the relevant determination or regulations iii Notwithstanding clause ii whenever royalties described in clause ii are paid to a person other than the Copyright Office the entity designated by the Copyright Royalty Judges to which such royalties are paid by the copyright user and any successor thereto shall within 60 days after the motion for rehearing is resolved or if the motion is granted within 60 days after the rehearing is concluded return any excess amounts previously paid to the extent necessary to comply with the final determination of royalty rates by the Copyright Royalty Judges Any underpayment of royalties resulting from a rehearing shall be paid within the same period 3 Contents of determination A determination of the Copyright Royalty Judges shall be supported by the written record and shall set forth the findings of fact relied on by the Copyright Royalty Judges Among other terms adopted in a determination the Copyright Royalty Judges may specify notice and recordkeeping requirements of users of the copyrights at issue that apply in lieu of those that would otherwise apply under regulations 4 Continuing jurisdiction The Copyright Royalty Judges may issue an amendment to a written determination to correct any technical or clerical errors in the determination or to modify the terms but not the rates of royalty payments in response to unforeseen circumstances that would frustrate the proper implementation of such determination Such amendment shall be set forth in a written addendum to the determination that shall be distributed to the participants of the proceeding and shall be published in the Federal Register 5 Protective order The Copyright Royalty Judges may issue such orders as may be appropriate to protect confidential information including orders excluding confidential information from the record of the determination that is published or made available to the public except that any terms or rates of royalty payments or distributions may not be excluded 6 Publication of determination By no later than the end of the 60 day period provided in section 802 f 1 D the Librarian of Congress shall cause the determination and any corrections thereto to be published in the Federal Register The Librarian of Congress shall also publicize the determination and corrections in such other manner as the Librarian considers appropriate including but not limited to publication on the Internet The Librarian of Congress shall also make the determination corrections and the accompanying record available for public inspection and copying 7 Late payment A determination of the Copyright Royalty Judges may include terms with respect to late payment but in no way shall such terms prevent the copyright holder from asserting other rights or remedies provided under this title d Judicial Review 1 Appeal Any determination of the Copyright Royalty Judges under subsection c may within 30 days after the publication of the determination in the Federal Register be appealed to the United States Court of Appeals for the District of Columbia Circuit by any aggrieved participant in the proceeding under subsection b 2 who fully participated in the proceeding and who would be bound by the determination Any participant that did not participate in a rehearing may not raise any issue that was the subject of that rehearing at any stage of judicial review of the hearing determination If no appeal is brought within that 30 day period the determination of the Copyright Royalty Judges shall be final and the royalty fee or determination with respect to the distribution of fees as the case may be shall take effect as set forth in paragraph 2 2 Effect of rates A Expiration on specified date When this title provides that the royalty rates and terms that were previously in effect are to expire on a specified date any adjustment or determination by the Copyright Royalty Judges of successor rates and terms for an ensuing statutory license period shall be effective as of the day following the date of expiration of the rates and terms that were previously in effect even if the determination of the Copyright Royalty Judges is rendered on a later date A licensee shall be obligated to continue making payments under the rates and terms previously in effect until such time as rates and terms for the successor period are established Whenever royalties pursuant to this section are paid to a person other than the Copyright Office the entity designated by the Copyright Royalty Judges to which such royalties are paid by the copyright user and any successor thereto shall within 60 days after the final determination of the Copyright Royalty Judges establishing rates and terms for a successor period or the exhaustion of all rehearings or appeals of such determination if any return any excess amounts previously paid to the extent necessary to comply with the final determination of royalty rates Any underpayment of royalties by a copyright user shall be paid to the entity designated by the Copyright Royalty Judges within the same period B Other cases In cases where rates and terms have not prior to the inception of an activity been established for that particular activity under the relevant license such rates and terms shall be retroactive to the inception of activity under the relevant license covered by such rates and terms In other cases where rates and terms do not expire on a specified date successor rates and terms shall take effect on the first day of the second month that begins after the publication of the determination of the Copyright Royalty Judges in the Federal Register except as otherwise provided in this title or by the Copyright Royalty Judges or as agreed by the participants in a proceeding that would be bound by the rates and terms Except as otherwise provided in this title the rates and terms to the extent applicable shall remain in effect until such successor rates and terms become effective C Obligation to make payments i The pendency of an appeal under this subsection shall not relieve persons obligated to make royalty payments under section 111 112 114 115 116 118 119 or 1003 who would be affected by the determination on appeal from I providing the applicable statements of account and report of use and II paying the royalties required under the relevant determination or regulations ii Notwithstanding clause i whenever royalties described in clause i are paid to a person other than the Copyright Office the entity designated by the Copyright Royalty Judges to which such royalties are paid by the copyright user and any successor thereto shall within 60 days after the final resolution of the appeal return any excess amounts previously paid and interest thereon if ordered pursuant to paragraph 3 to the extent necessary to comply with the final determination of royalty rates on appeal Any underpayment of royalties resulting from an appeal and interest thereon if ordered pursuant to paragraph 3 shall be paid within the same period 3 Jurisdiction of court Section 706 of title 5 shall apply with respect to review by the court of appeals under this subsection If the court modifies or vacates a determination of the Copyright Royalty Judges the court may enter its own determination with respect to the amount or distribution of royalty fees and costs and order the repayment of any excess fees the payment of any underpaid fees and the payment of interest pertaining respectively thereto in accordance with its final judgment The court may also vacate the determination of the Copyright Royalty Judges and remand the case to the Copyright Royalty Judges for further proceedings in accordance with subsection a e Administrative Matters 1 Deduction of costs of Library of Congress and Copyright Office from filing fees A Deduction from filing fees The Librarian of Congress may to the extent not otherwise provided under this title deduct from the filing fees collected under subsection b for a particular proceeding under this chapter the reasonable costs incurred by the Librarian of Congress the Copyright Office and the Copyright Royalty Judges in conducting that proceeding other than the salaries of the Copyright Royalty Judges and the 3 staff members appointed under section 802 b B Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to pay the costs incurred under this chapter not covered by the filing fees collected under subsection b All funds made available pursuant to this subparagraph shall remain available until expended 2 Positions required for administration of compulsory licensing Section 307 of the Legislative Branch Appropriations Act 1994 shall not apply to employee positions in the Library of Congress that are required to be filled in order to carry out section 111 112 114 115 116 118 or 119 or chapter 10 804 Institution of proceedings 5 a Filing of Petition With respect to proceedings referred to in paragraphs 1 and 2 of section 801 b concerning the determination or adjustment of royalty rates as provided in sections 111 112 114 115 116 118 119 and 1004 during the calendar years specified in the schedule set forth in subsection b any owner or user of a copyrighted work whose royalty rates are specified by this title or are established under this chapter before or after the enactment of the Copyright Royalty and Distribution

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  • COPYRIGHT.ht : U.S. Copyright Law: Chapter 9
    subsection c and the provisions of this chapter the protection provided under this chapter to a mask work shall end ten years after the date on which such protection commences under subsection a c All terms of protection provided in this section shall run to the end of the calendar year in which they would otherwise expire 905 Exclusive rights in mask works The owner of a mask work provided protection under this chapter has the exclusive rights to do and to authorize any of the following 1 to reproduce the mask work by optical electronic or any other means 2 to import or distribute a semiconductor chip product in which the mask work is embodied and 3 to induce or knowingly to cause another person to do any of the acts described in paragraphs 1 and 2 906 Limitation on exclusive rights reverse engineering first sale a Notwithstanding the provisions of section 905 it is not an infringement of the exclusive rights of the owner of a mask work for 1 a person to reproduce the mask work solely for the purpose of teaching analyzing or evaluating the concepts or techniques embodied in the mask work or the circuitry logic flow or organization of components used in the mask work or 2 a person who performs the analysis or evaluation described in paragraph 1 to incorporate the results of such conduct in an original mask work which is made to be distributed b Notwithstanding the provisions of section 905 2 the owner of a particular semiconductor chip product made by the owner of the mask work or by any person authorized by the owner of the mask work may import distribute or otherwise dispose of or use but not reproduce that particular semiconductor chip product without the authority of the owner of the mask work 907 Limitation on exclusive rights innocent infringement a Notwithstanding any other provision of this chapter an innocent purchaser of an infringing semiconductor chip product 1 shall incur no liability under this chapter with respect to the importation or distribution of units of the infringing semiconductor chip product that occurs before the innocent purchaser has notice of protection with respect to the mask work embodied in the semiconductor chip product and 2 shall be liable only for a reasonable royalty on each unit of the infringing semiconductor chip product that the innocent purchaser imports or distributes after having notice of protection with respect to the mask work embodied in the semiconductor chip product b The amount of the royalty referred to in subsection a 2 shall be determined by the court in a civil action for infringement unless the parties resolve the issue by voluntary negotiation mediation or binding arbitration c The immunity of an innocent purchaser from liability referred to in subsection a 1 and the limitation of remedies with respect to an innocent purchaser referred to in subsection a 2 shall extend to any person who directly or indirectly purchases an infringing semiconductor chip product from an innocent purchaser d The provisions of subsections a b and c apply only with respect to those units of an infringing semiconductor chip product that an innocent purchaser purchased before having notice of protection with respect to the mask work embodied in the semiconductor chip product 908 Registration of claims of protection a The owner of a mask work may apply to the Register of Copyrights for registration of a claim of protection in a mask work Protection of a mask work under this chapter shall terminate if application for registration of a claim of protection in the mask work is not made as provided in this chapter within two years after the date on which the mask work is first commercially exploited anywhere in the world b The Register of Copyrights shall be responsible for all administrative functions and duties under this chapter Except for section 708 the provisions of chapter 7 of this title relating to the general responsibilities organization regulatory authority actions records and publications of the Copyright Office shall apply to this chapter except that the Register of Copyrights may make such changes as may be necessary in applying those provisions to this chapter c The application for registration of a mask work shall be made on a form prescribed by the Register of Copyrights Such form may require any information regarded by the Register as bearing upon the preparation or identification of the mask work the existence or duration of protection of the mask work under this chapter or ownership of the mask work The application shall be accompanied by the fee set pursuant to subsection d and the identifying material specified pursuant to such subsection d The Register of Copyrights shall by regulation set reasonable fees for the filing of applications to register claims of protection in mask works under this chapter and for other services relating to the administration of this chapter or the rights under this chapter taking into consideration the cost of providing those services the benefits of a public record and statutory fee schedules under this title The Register shall also specify the identifying material to be deposited in connection with the claim for registration e If the Register of Copyrights after examining an application for registration determines in accordance with the provisions of this chapter that the application relates to a mask work which is entitled to protection under this chapter then the Register shall register the claim of protection and issue to the applicant a certificate of registration of the claim of protection under the seal of the Copyright Office The effective date of registration of a claim of protection shall be the date on which an application deposit of identifying material and fee which are determined by the Register of Copyrights or by a court of competent jurisdiction to be acceptable for registration of the claim have all been received in the Copyright Office f In any action for infringement under this chapter the certificate of registration of a mask work shall constitute prima facie evidence 1 of the facts stated in the certificate and 2 that the applicant issued the certificate has met the requirements of this chapter and the regulations issued under this chapter with respect to the registration of claims g Any applicant for registration under this section who is dissatisfied with the refusal of the Register of Copyrights to issue a certificate of registration under this section may seek judicial review of that refusal by bringing an action for such review in an appropriate United States district court not later than sixty days after the refusal The provisions of chapter 7 of title 5 shall apply to such judicial review The failure of the Register of Copyrights to issue a certificate of registration within four months after an application for registration is filed shall be deemed to be a refusal to issue a certificate of registration for purposes of this subsection and section 910 b 2 except that upon a showing of good cause the district court may shorten such four month period 909 Mask work notice 4 a The owner of a mask work provided protection under this chapter may affix notice to the mask work and to masks and semiconductor chip products embodying the mask work in such manner and location as to give reasonable notice of such protection The Register of Copyrights shall prescribe by regulation as examples specific methods of affixation and positions of notice for purposes of this section but these specifications shall not be considered exhaustive The affixation of such notice is not a condition of protection under this chapter but shall constitute prima facie evidence of notice of protection b The notice referred to in subsection a shall consist of 1 the words mask work the symbol M or the symbol the letter M in a circle and 2 the name of the owner or owners of the mask work or an abbreviation by which the name is recognized or is generally known 910 Enforcement of exclusive rights 5 a Except as otherwise provided in this chapter any person who violates any of the exclusive rights of the owner of a mask work under this chapter by conduct in or affecting commerce shall be liable as an infringer of such rights As used in this subsection the term any person includes any State any instrumentality of a State and any officer or employee of a State or instrumentality of a State acting in his or her official capacity Any State and any such instrumentality officer or employee shall be subject to the provisions of this chapter in the same manner and to the same extent as any nongovernmental entity b 1 The owner of a mask work protected under this chapter or the exclusive licensee of all rights under this chapter with respect to the mask work shall after a certificate of registration of a claim of protection in that mask work has been issued under section 908 be entitled to institute a civil action for any infringement with respect to the mask work which is committed after the commencement of protection of the mask work under section 904 a 2 In any case in which an application for registration of a claim of protection in a mask work and the required deposit of identifying material and fee have been received in the Copyright Office in proper form and registration of the mask work has been refused the applicant is entitled to institute a civil action for infringement under this chapter with respect to the mask work if notice of the action together with a copy of the complaint is served on the Register of Copyrights in accordance with the Federal Rules of Civil Procedure The Register may at his or her option become a party to the action with respect to the issue of whether the claim of protection is eligible for registration by entering an appearance within sixty days after such service but the failure of the Register to become a party to the action shall not deprive the court of jurisdiction to determine that issue c 1 The Secretary of the Treasury and the United States Postal Service shall separately or jointly issue regulations for the enforcement of the rights set forth in section 905 with respect to importation These regulations may require as a condition for the exclusion of articles from the United States that the person seeking exclusion take any one or more of the following actions A Obtain a court order enjoining or an order of the International Trade Commission under section 337 of the Tariff Act of 1930 excluding importation of the articles B Furnish proof that the mask work involved is protected under this chapter and that the importation of the articles would infringe the rights in the mask work under this chapter C Post a surety bond for any injury that may result if the detention or exclusion of the articles proves to be unjustified 2 Articles imported in violation of the rights set forth in section 905 are subject to seizure and forfeiture in the same manner as property imported in violation of the customs laws Any such forfeited articles shall be destroyed as directed by the Secretary of the Treasury or the court as the case may be except that the articles may be returned to the country of export whenever it is shown to the satisfaction of the Secretary of the Treasury that the importer had no reasonable grounds for believing that his or her acts constituted a violation of the law 911 Civil actions 6 a Any court having jurisdiction of a civil action arising under this chapter may grant temporary restraining orders preliminary injunctions and permanent injunctions on such terms as the court may deem reasonable to prevent or restrain infringement of the exclusive rights in a mask work under this chapter b Upon finding an infringer liable to a person entitled under section 910 b 1 to institute a civil action for an infringement of any exclusive right under this chapter the court shall award such person actual damages suffered by the person as a result of the infringement The court shall also award such person the infringer s profits that are attributable to the infringement and are not taken into account in computing the award of actual damages In establishing the infringer s profits such person is required to present proof only of the infringer s gross revenue and the infringer is required to prove his or her deductible expenses and the elements of profit attributable to factors other than the mask work c At any time before final judgment is rendered a person entitled to institute a civil action for infringement may elect instead of actual damages and profits as provided by subsection b an award of statutory damages for all infringements involved in the action with respect to any one mask work for which any one infringer is liable individually or for which any two or more infringers are liable jointly and severally in an amount not more than 250 000 as the court considers just d An action for infringement under this chapter shall be barred unless the action is commenced within three years after the claim accrues e 1 At any time while an action for infringement of the exclusive rights in a mask work under this chapter is pending the court may order the impounding on such terms as it may deem reasonable of all semiconductor chip products and any drawings tapes masks or other products by means of which such products may be reproduced that are claimed to have been made imported or used in violation of those exclusive rights Insofar as practicable applications for orders under this paragraph shall be heard and determined in the same manner as an application for a temporary restraining order or preliminary injunction 2 As part of a final judgment or decree the court may order the destruction or other disposition of any infringing semiconductor chip products and any masks tapes or other articles by means of which such products may be reproduced f In any civil action arising under this chapter the court in its discretion may allow the recovery of full costs including reasonable attorneys fees to the prevailing party g 1 Any State any instrumentality of a State and any officer or employee of a State or instrumentality of a State acting in his or her official capacity shall not be immune under the Eleventh Amendment of the Constitution of the United States or under any other doctrine of sovereign immunity from suit in Federal court by any person including any governmental or nongovernmental entity for a violation of any of the exclusive rights of the owner of a mask work under this chapter or for any other violation under this chapter 2 In a suit described in paragraph 1 for a violation described in that paragraph remedies including remedies both at law and in equity are available for the violation to the same extent as such remedies are available for such a violation in a suit against any public or private entity other than a State instrumentality of a State or officer or employee of a State acting in his or her official capacity Such remedies include actual damages and profits under subsection b statutory damages under subsection c impounding and disposition of infringing articles under subsection e and costs and attorney s fees under subsection f 912 Relation to other laws 7 a Nothing in this chapter shall affect any right or remedy held by any person under chapters 1 through 8 or 10 of this title or under title 35 b Except as provided in section 908 b of this title references to this title or title 17 in chapters 1 through 8 or 10 of this title shall be deemed not to apply to this chapter c The provisions of this chapter shall preempt the laws of any State to the extent those laws provide any rights or remedies with respect to a mask work which are equivalent to those rights or remedies provided by this chapter except that such preemption shall be effective only with respect to actions filed on or after January 1 1986 d Notwithstanding subsection c nothing in this chapter shall detract from any rights of a mask work owner whether under Federal law exclusive of this chapter or under the common law or the statutes of a State heretofore or hereafter declared or enacted with respect to any mask work first commercially exploited before July 1 1983 913 Transitional provisions a No application for registration under section 908 may be filed and no civil action under section 910 or other enforcement proceeding under this chapter may be instituted until sixty days after the date of the enactment of this chapter b No monetary relief under section 911 may be granted with respect to any conduct that occurred before the date of the enactment of this chapter except as provided in subsection d c Subject to subsection a the provisions of this chapter apply to all mask works that are first commercially exploited or are registered under this chapter or both on or after the date of the enactment of this chapter d 1 Subject to subsection a protection is available under this chapter to any mask work that was first commercially exploited on or after July 1 1983 and before the date of the enactment of this chapter if a claim of protection in the mask work is registered in the Copyright Office before July 1 1985 under section 908 2 In the case of any mask work described in paragraph 1 that is provided protection under this chapter infringing semiconductor chip product units manufactured before the date of the enactment of this chapter may without liability under sections 910 and 911

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  • COPYRIGHT.ht : U.S. Copyright Law: Chapter 10
    Code of 1986 or any successor provision to such section 13 A writer is the composer or lyricist of a particular musical work Subchapter B Copying Controls 1002 Incorporation of copying controls a Prohibition on Importation Manufacture and Distribution No person shall import manufacture or distribute any digital audio recording device or digital audio interface device that does not conform to 1 the Serial Copy Management System 2 a system that has the same functional characteristics as the Serial Copy Management System and requires that copyright and generation status information be accurately sent received and acted upon between devices using the system s method of serial copying regulation and devices using the Serial Copy Management System or 3 any other system certified by the Secretary of Commerce as prohibiting unauthorized serial copying b Development of Verification Procedure The Secretary of Commerce shall establish a procedure to verify upon the petition of an interested party that a system meets the standards set forth in subsection a 2 c Prohibition on Circumvention of the System No person shall import manufacture or distribute any device or offer or perform any service the primary purpose or effect of which is to avoid bypass remove deactivate or otherwise circumvent any program or circuit which implements in whole or in part a system described in subsection a d Encoding of Information on Digital Musical Recordings 1 Prohibition on encoding inaccurate information No person shall encode a digital musical recording of a sound recording with inaccurate information relating to the category code copyright status or generation status of the source material for the recording 2 Encoding of copyright status not required Nothing in this chapter requires any person engaged in the importation or manufacture of digital musical recordings to encode any such digital musical recording with respect to its copyright status e Information Accompanying Transmission in Digital Format Any person who transmits or otherwise communicates to the public any sound recording in digital format is not required under this chapter to transmit or otherwise communicate the information relating to the copyright status of the sound recording Any such person who does transmit or otherwise communicate such copyright status information shall transmit or communicate such information accurately Subchapter C Royalty Payments 1003 Obligation to make royalty payments a Prohibition on Importation and Manufacture No person shall import into and distribute or manufacture and distribute any digital audio recording device or digital audio recording medium unless such person records the notice specified by this section and subsequently deposits the statements of account and applicable royalty payments for such device or medium specified in section 1004 b Filing of Notice The importer or manufacturer of any digital audio recording device or digital audio recording medium within a product category or utilizing a technology with respect to which such manufacturer or importer has not previously filed a notice under this subsection shall file with the Register of Copyrights a notice with respect to such device or medium in such form and content as the Register shall prescribe by regulation c Filing of Quarterly and Annual Statements of Account 1 Generally Any importer or manufacturer that distributes any digital audio recording device or digital audio recording medium that it manufactured or imported shall file with the Register of Copyrights in such form and content as the Register shall prescribe by regulation such quarterly and annual statements of account with respect to such distribution as the Register shall prescribe by regulation 2 Certification verification and confidentiality Each such statement shall be certified as accurate by an authorized officer or principal of the importer or manufacturer The Register shall issue regulations to provide for the verification and audit of such statements and to protect the confidentiality of the information contained in such statements Such regulations shall provide for the disclosure in confidence of such statements to interested copyright parties 3 Royalty payments Each such statement shall be accompanied by the royalty payments specified in section 1004 1004 Royalty payments 2 a Digital Audio Recording Devices 1 Amount of payment The royalty payment due under section 1003 for each digital audio recording device imported into and distributed in the United States or manufactured and distributed in the United States shall be 2 percent of the transfer price Only the first person to manufacture and distribute or import and distribute such device shall be required to pay the royalty with respect to such device 2 Calculation for devices distributed with other devices With respect to a digital audio recording device first distributed in combination with one or more devices either as a physically integrated unit or as separate components the royalty payment shall be calculated as follows A If the digital audio recording device and such other devices are part of a physically integrated unit the royalty payment shall be based on the transfer price of the unit but shall be reduced by any royalty payment made on any digital audio recording device included within the unit that was not first distributed in combination with the unit B If the digital audio recording device is not part of a physically integrated unit and substantially similar devices have been distributed separately at any time during the preceding 4 calendar quarters the royalty payment shall be based on the average transfer price of such devices during those 4 quarters C If the digital audio recording device is not part of a physically integrated unit and substantially similar devices have not been distributed separately at any time during the preceding 4 calendar quarters the royalty payment shall be based on a constructed price reflecting the proportional value of such device to the combination as a whole 3 L imits on royalties Notwithstanding paragraph 1 or 2 the amount of the royalty payment for each digital audio recording device shall not be less than 1 nor more than the royalty maximum The royalty maximum shall be 8 per device except that in the case of a physically integrated unit containing more than 1 digital audio recording device the royalty maximum for such unit shall be 12 During the 6th year after the effective date of this chapter and not more than once each year thereafter any interested copyright party may petition the Copyright Royalty Judges to increase the royalty maximum and if more than 20 percent of the royalty payments are at the relevant royalty maximum the Copyright Royalty Judges shall prospectively increase such royalty maximum with the goal of having no more than 10 percent of such payments at the new royalty maximum however the amount of any such increase as a percentage of the royalty maximum shall in no event exceed the percentage increase in the Consumer Price Index during the period under review b Digital Audio Recording Media The royalty payment due under section 1003 for each digital audio recording medium imported into and distributed in the United States or manufactured and distributed in the United States shall be 3 percent of the transfer price Only the first person to manufacture and distribute or import and distribute such medium shall be required to pay the royalty with respect to such medium 1005 Deposit of royalty payments and deduction of expenses 3 The Register of Copyrights shall receive all royalty payments deposited under this chapter and after deducting the reasonable costs incurred by the Copyright Office under this chapter shall deposit the balance in the Treasury of the United States as offsetting receipts in such manner as the Secretary of the Treasury directs All funds held by the Secretary of the Treasury shall be invested in interest bearing United States securities for later distribution with interest under section 1007 The Register may in the Register s discretion 4 years after the close of any calendar year close out the royalty payments account for that calendar year and may treat any funds remaining in such account and any subsequent deposits that would otherwise be attributable to that calendar year as attributable to the succeeding calendar year 1006 Entitlement to royalty payments 4 a Interested Copyright Parties The royalty payments deposited pursuant to section 1005 shall in accordance with the procedures specified in section 1007 be distributed to any interested copyright party 1 whose musical work or sound recording has been A embodied in a digital musical recording or an analog musical recording lawfully made under this title that has been distributed and B distributed in the form of digital musical recordings or analog musical recordings or disseminated to the public in transmissions during the period to which such payments pertain and 2 who has filed a claim under section 1007 b Allocation of Royalty Payments to Groups The royalty payments shall be divided into 2 funds as follows 1 The sound recordings fund 66 percent of the royalty payments shall be allocated to the Sound Recordings Fund 2 percent of the royalty payments allocated to the Sound Recordings Fund shall be placed in an escrow account managed by an independent administrator jointly appointed by the interested copyright parties described in section 1001 7 A and the American Federation of Musicians or any successor entity to be distributed to nonfeatured musicians whether or not members of the American Federation of Musicians or any successor entity who have performed on sound recordings distributed in the United States 1 percent of the royalty payments allocated to the Sound Recordings Fund shall be placed in an escrow account managed by an independent administrator jointly appointed by the interested copyright parties described in section 1001 7 A and the American Federation of Television and Radio Artists or any successor entity to be distributed to nonfeatured vocalists whether or not members of the American Federation of Television and Radio Artists or any successor entity who have performed on sound recordings distributed in the United States 40 percent of the remaining royalty payments in the Sound Recordings Fund shall be distributed to the interested copyright parties described in section 1001 7 C and 60 percent of such remaining royalty payments shall be distributed to the interested copyright parties described in section 1001 7 A 2 The Musical Works Fund A 33 percent of the royalty payments shall be allocated to the Musical Works Fund for distribution to interested copyright parties described in section 1001 7 B B i Music publishers shall be entitled to 50 percent of the royalty payments allocated to the Musical Works Fund ii Writers shall be entitled to the other 50 percent of the royalty payments allocated to the Musical Works Fund c Allocation of Royalty Payments Within Groups If all interested copyright parties within a group specified in subsection b do not agree on a voluntary proposal for the distribution of the royalty payments within each group the Copyright Royalty Judges shall pursuant to the procedures specified under section 1007 c allocate royalty payments under this section based on the extent to which during the relevant period 1 for the Sound Recordings Fund each sound recording was distributed in the form of digital musical recordings or analog musical recordings and 2 for the Musical Works Fund each musical work was distributed in the form of digital musical recordings or analog musical recordings or disseminated to the public in transmissions 1007 Procedures for distributing royalty payments 5 a Filing of Claims and Negotiations 1 Filing of claims During the first 2 months of each calendar year every interested copyright party seeking to receive royalty payments to which such party is entitled under section 1006 shall file with the Copyright Royalty Judges a claim for payments collected during the preceding year in such form and manner as the Copyright Royalty Judges shall prescribe by regulation 2 Negotiations Notwithstanding any provision of the antitrust laws for purposes of this section interested copyright parties within each group specified in section 1006 b may agree among themselves to the proportionate division of royalty payments may lump their claims together and file them jointly or as a single claim or may designate a common agent including any organization described in section 1001 7 D to negotiate or receive payment on their behalf except that no agreement under this subsection may modify the allocation of royalties specified in section 1006 b b Distribution of Payments in the Absence of a Dispute After the period established for the filing of claims under subsection a in each year the Copyright Royalty Judges shall determine whether there exists a controversy concerning the distribution of royalty payments under section 1006 c If the Copyright Royalty Judges determine that no such controversy exists the Copyright Royalty Judges shall within 30 days after such determination authorize the distribution of the royalty payments as set forth in the agreements regarding the distribution of royalty payments entered into pursuant to subsection a The Librarian of Congress shall before such royalty payments are distributed deduct the reasonable administrative costs incurred under this section c Resolution of Disputes If the Copyright Royalty Judges find the existence of a controversy the Copyright Royalty Judges shall pursuant to chapter 8 of this title conduct a proceeding to determine the distribution of royalty payments During the pendency of such a proceeding the Copyright Royalty Judges shall withhold from distribution an amount sufficient to satisfy all claims with respect to which a controversy exists but shall to the extent feasible authorize the distribution of any amounts that are not in controversy The Librarian of Congress shall before such royalty payments are distributed deduct the reasonable administrative costs incurred under this section Subchapter D Prohibition on Certain Infringement Actions Remedies and Arbitration 1008 Prohibition on certain infringement actions No action may be brought under this title alleging infringement of copyright based on the manufacture importation or distribution of a digital audio recording device a digital audio recording medium an analog recording device or an analog recording medium or based on the noncommercial use by a consumer of such a device or medium for making digital musical recordings or analog musical recordings 1009 Civil remedies a Civil Actions Any interested copyright party injured by a violation of section 1002 or 1003 may bring a civil action in an appropriate United States district court against any person for such violation b Other Civil Actions Any person injured by a violation of this chapter may bring a civil action in an appropriate United States district court for actual damages incurred as a result of such violation c Powers of the Court In an action brought under subsection a the court 1 may grant temporary and permanent injunctions on such terms as it deems reasonable to prevent or restrain such violation 2 in the case of a violation of section 1002 or in the case of an injury resulting from a failure to make royalty payments required by section 1003 shall award damages under subsection d 3 in its discretion may allow the recovery of costs by or against any party other than the United States or an officer thereof and 4 in its discretion may award a reasonable attorney s fee to the prevailing party d Award of Damages 1 Damages for section 1002 or 1003 violations A Actual damages i In an action brought under subsection a if the court finds that a violation of section 1002 or 1003 has occurred the court shall award to the complaining party its actual damages if the complaining party elects such damages at any time before final judgment is entered ii In the case of section 1003 actual damages shall constitute the royalty payments that should have been paid under section 1004 and deposited under section 1005 In such a case the court in its discretion may award an additional amount of not to exceed 50 percent of the actual damages B Statutory damages for section 1002 violations i Device A complaining party may recover an award of statutory damages for each violation of section 1002 a or c in the sum of not more than 2 500 per device involved in such violation or per device on which a service prohibited by section 1002 c has been performed as the court considers just ii Digital musical recording A complaining party may recover an award of statutory damages for each violation of section 1002 d in the sum of not more than 25 per digital musical recording involved in such violation as the court considers just iii Transmission A complaining party may recover an award of damages for each transmission or communication that violates section 1002 e in the sum of not more than 10 000 as the court considers just 2 Repeated violations In any case in which the court finds that a person has violated section 1002 or 1003 within 3 years after a final judgment against that person for another such violation was entered the court may increase the award of damages to not more than double the amounts that would otherwise be awarded under paragraph 1 as the court considers just 3 Innocent violations of section 1002 The court in its discretion may reduce the total award of damages against a person violating section 1002 to a sum of not less than 250 in any case in which the court finds that the violator was not aware and had no reason to believe that its acts constituted a violation of section 1002 e Payment of Damages Any award of damages under subsection d shall be deposited with the Register pursuant to section 1005 for distribution to interested copyright parties as though such funds were royalty payments made pursuant to section 1003 f Impounding of Articles At any time while an action under subsection a is pending the court may order the impounding on such terms as it deems reasonable of any digital audio recording device digital musical recording or device specified in section 1002 c that is in the custody or control of the alleged violator and that the court has reasonable cause to

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  • COPYRIGHT.ht : U.S. Copyright Law: Chapter 11
    recordings and music videos a Unauthorized Acts Anyone who without the consent of the performer or performers involved 1 fixes the sounds or sounds and images of a live musical performance in a copy or phonorecord or reproduces copies or phonorecords of such a performance from an unauthorized fixation 2 transmits or otherwise communicates to the public the sounds or sounds and images of a live musical performance or 3 distributes or offers to distribute sells or offers to sell rents or offers to rent or traffics in any copy or phonorecord fixed as described in paragraph 1 regardless of whether the fixations occurred in the United States shall be subject to the remedies provided in sections 502 through 505 to the same extent as an infringer of copyright b Definition As used in this section the term traffic in means transport transfer or otherwise dispose of to another as consideration for anything of value or make or obtain control of with intent to transport transfer or dispose of c Applicability This section shall apply to any act or acts that occur on or after the date of the enactment of the Uruguay Round Agreements Act d State Law Not

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  • COPYRIGHT.ht : U.S. Copyright Law: Chapter 12
    and employ technological means to circumvent a technological measure or to circumvent protection afforded by a technological measure in order to enable the identification and analysis under paragraph 1 or for the purpose of enabling interoperability of an independently created computer program with other programs if such means are necessary to achieve such interoperability to the extent that doing so does not constitute infringement under this title 3 The information acquired through the acts permitted under paragraph 1 and the means permitted under paragraph 2 may be made available to others if the person referred to in paragraph 1 or 2 as the case may be provides such information or means solely for the purpose of enabling interoperability of an independently created computer program with other programs and to the extent that doing so does not constitute infringement under this title or violate applicable law other than this section 4 For purposes of this subsection the term interoperability means the ability of computer programs to exchange information and of such programs mutually to use the information which has been exchanged g Encryption Research 1 Definitions For purposes of this subsection A the term encryption research means activities necessary to identify and analyze flaws and vulnerabilities of encryption technologies applied to copyrighted works if these activities are conducted to advance the state of knowledge in the field of encryption technology or to assist in the development of encryption products and B the term encryption technology means the scrambling and descrambling of information using mathematical formulas or algorithms 2 Permissible acts of encryption research Notwithstanding the provisions of subsection a 1 A it is not a violation of that subsection for a person to circumvent a technological measure as applied to a copy phonorecord performance or display of a published work in the course of an act of good faith encryption research if A the person lawfully obtained the encrypted copy phonorecord performance or display of the published work B such act is necessary to conduct such encryption research C the person made a good faith effort to obtain authorization before the circumvention and D such act does not constitute infringement under this title or a violation of applicable law other than this section including section 1030 of title 18 and those provisions of title 18 amended by the Computer Fraud and Abuse Act of 1986 3 Factors in determining exemption In determining whether a person qualifies for the exemption under paragraph 2 the factors to be considered shall include A whether the information derived from the encryption research was disseminated and if so whether it was disseminated in a manner reasonably calculated to advance the state of knowledge or development of encryption technology versus whether it was disseminated in a manner that facilitates infringement under this title or a violation of applicable law other than this section including a violation of privacy or breach of security B whether the person is engaged in a legitimate course of study is employed or is appropriately trained or experienced in the field of encryption technology and C whether the person provides the copyright owner of the work to which the technological measure is applied with notice of the findings and documentation of the research and the time when such notice is provided 4 Use of technological means for research activities Notwithstanding the provisions of subsection a 2 it is not a violation of that subsection for a person to A develop and employ technological means to circumvent a technological measure for the sole purpose of that person performing the acts of good faith encryption research described in paragraph 2 and B provide the technological means to another person with whom he or she is working collaboratively for the purpose of conducting the acts of good faith encryption research described in paragraph 2 or for the purpose of having that other person verify his or her acts of good faith encryption research described in paragraph 2 5 Report to Congress Not later than 1 year after the date of the enactment of this chapter the Register of Copyrights and the Assistant Secretary for Communications and Information of the Department of Commerce shall jointly report to the Congress on the effect this subsection has had on A encryption research and the development of encryption technology B the adequacy and effectiveness of technological measures designed to protect copyrighted works and C protection of copyright owners against the unauthorized access to their encrypted copyrighted works The report shall include legislative recommendations if any h Exceptions Regarding Minors In applying subsection a to a component or part the court may consider the necessity for its intended and actual incorporation in a technology product service or device which 1 does not itself violate the provisions of this title and 2 has the sole purpose to prevent the access of minors to material on the Internet i Protection of Personally Identifying Information 1 Circumvention permitted Notwithstanding the provisions of subsection a 1 A it is not a violation of that subsection for a person to circumvent a technological measure that effectively controls access to a work protected under this title if A the technological measure or the work it protects contains the capability of collecting or disseminating personally identifying information reflecting the online activities of a natural person who seeks to gain access to the work protected B in the normal course of its operation the technological measure or the work it protects collects or disseminates personally identifying information about the person who seeks to gain access to the work protected without providing conspicuous notice of such collection or dissemination to such person and without providing such person with the capability to prevent or restrict such collection or dissemination C the act of circumvention has the sole effect of identifying and disabling the capability described in subparagraph A and has no other effect on the ability of any person to gain access to any work and D the act of circumvention is carried out solely for the purpose of preventing the collection or dissemination of personally identifying information about a natural person who seeks to gain access to the work protected and is not in violation of any other law 2 Inapplicability to certain technological measures This subsection does not apply to a technological measure or a work it protects that does not collect or disseminate personally identifying information and that is disclosed to a user as not having or using such capability j Security Testing 1 Definition For purposes of this subsection the term security testing means accessing a computer computer system or computer network solely for the purpose of good faith testing investigating or correcting a security flaw or vulnerability with the authorization of the owner or operator of such computer computer system or computer network 2 Permissible acts of security testing Notwithstanding the provisions of subsection a 1 A it is not a violation of that subsection for a person to engage in an act of security testing if such act does not constitute infringement under this title or a violation of applicable law other than this section including section 1030 of title 18 and those provisions of title 18 amended by the Computer Fraud and Abuse Act of 1986 3 Factors in determining exemption In determining whether a person qualifies for the exemption under paragraph 2 the factors to be considered shall include A whether the information derived from the security testing was used solely to promote the security of the owner or operator of such computer computer system or computer network or shared directly with the developer of such computer computer system or computer network and B whether the information derived from the security testing was used or maintained in a manner that does not facilitate infringement under this title or a violation of applicable law other than this section including a violation of privacy or breach of security 4 Use of technological means for security testing Notwithstanding the provisions of subsection a 2 it is not a violation of that subsection for a person to develop produce distribute or employ technological means for the sole purpose of performing the acts of security testing described in subsection 2 provided such technological means does not otherwise violate section a 2 k Certain Analog Devices and Certain Technological Measures 1 Certain analog devices A Effective 18 months after the date of the enactment of this chapter no person shall manufacture import offer to the public provide or otherwise traffic in any i VHS format analog video cassette recorder unless such recorder conforms to the automatic gain control copy control technology ii 8mm format analog video cassette camcorder unless such camcorder conforms to the automatic gain control technology iii Beta format analog video cassette recorder unless such recorder conforms to the automatic gain control copy control technology except that this requirement shall not apply until there are 1 000 Beta format analog video cassette recorders sold in the United States in any one calendar year after the date of the enactment of this chapter iv 8mm format analog video cassette recorder that is not an analog video cassette camcorder unless such recorder conforms to the automatic gain control copy control technology except that this requirement shall not apply until there are 20 000 such recorders sold in the United States in any one calendar year after the date of the enactment of this chapter or v analog video cassette recorder that records using an NTSC format video input and that is not otherwise covered under clauses i through iv unless such device conforms to the automatic gain control copy control technology B Effective on the date of the enactment of this chapter no person shall manufacture import offer to the public provide or otherwise traffic in i any VHS format analog video cassette recorder or any 8mm format analog video cassette recorder if the design of the model of such recorder has been modified after such date of enactment so that a model of recorder that previously conformed to the automatic gain control copy control technology no longer conforms to such technology or ii any VHS format analog video cassette recorder or any 8mm format analog video cassette recorder that is not an 8mm analog video cassette camcorder if the design of the model of such recorder has been modified after such date of enactment so that a model of recorder that previously conformed to the four line colorstripe copy control technology no longer conforms to such technology Manufacturers that have not previously manufactured or sold a VHS format analog video cassette recorder or an 8mm format analog cassette recorder shall be required to conform to the four line colorstripe copy control technology in the initial model of any such recorder manufactured after the date of the enactment of this chapter and thereafter to continue conforming to the four line colorstripe copy control technology For purposes of this subparagraph an analog video cassette recorder conforms to the four line colorstripe copy control technology if it records a signal that when played back by the playback function of that recorder in the normal viewing mode exhibits on a reference display device a display containing distracting visible lines through portions of the viewable picture 2 Certain encoding restrictions No person shall apply the automatic gain control copy control technology or colorstripe copy control technology to prevent or limit consumer copying except such copying A of a single transmission or specified group of transmissions of live events or of audiovisual works for which a member of the public has exercised choice in selecting the transmissions including the content of the transmissions or the time of receipt of such transmissions or both and as to which such member is charged a separate fee for each such transmission or specified group of transmissions B from a copy of a transmission of a live event or an audiovisual work if such transmission is provided by a channel or service where payment is made by a member of the public for such channel or service in the form of a subscription fee that entitles the member of the public to receive all of the programming contained in such channel or service C from a physical medium containing one or more prerecorded audiovisual works or D from a copy of a transmission described in subparagraph A or from a copy made from a physical medium described in subparagraph C In the event that a transmission meets both the conditions set forth in subparagraph A and those set forth in subparagraph B the transmission shall be treated as a transmission described in subparagraph A 3 Inapplicability This subsection shall not A require any analog video cassette camcorder to conform to the automatic gain control copy control technology with respect to any video signal received through a camera lens B apply to the manufacture importation offer for sale provision of or other trafficking in any professional analog video cassette recorder or C apply to the offer for sale or provision of or other trafficking in any previously owned analog video cassette recorder if such recorder was legally manufactured and sold when new and not subsequently modified in violation of paragraph 1 B 4 Definitions For purposes of this subsection A An analog video cassette recorder means a device that records or a device that includes a function that records on electromagnetic tape in an analog format the electronic impulses produced by the video and audio portions of a television program motion picture or other form of audiovisual work B An analog video cassette camcorder means an analog video cassette recorder that contains a recording function that operates through a camera lens and through a video input that may be connected with a television or other video playback device C An analog video cassette recorder conforms to the automatic gain control copy control technology if it i detects one or more of the elements of such technology and does not record the motion picture or transmission protected by such technology or ii records a signal that when played back exhibits a meaningfully distorted or degraded display D The term professional analog video cassette recorder means an analog video cassette recorder that is designed manufactured marketed and intended for use by a person who regularly employs such a device for a lawful business or industrial use including making performing displaying distributing or transmitting copies of motion pictures on a commercial scale E The terms VHS format 8mm format Beta format automatic gain control copy control technology colorstripe copy control technology four line version of the colorstripe copy control technology and NTSC have the meanings that are commonly understood in the consumer electronics and motion picture industries as of the date of the enactment of this chapter 5 Violations Any violation of paragraph 1 of this subsection shall be treated as a violation of subsection b 1 of this section Any violation of paragraph 2 of this subsection shall be deemed an act of circumvention for the purposes of section 1203 c 3 A of this chapter 1202 Integrity of copyright management information 3 a False Copyright Management Information No person shall knowingly and with the intent to induce enable facilitate or conceal infringement 1 provide copyright management information that is false or 2 distribute or import for distribution copyright management information that is false b Removal or Alteration of Copyright Management Information No person shall without the authority of the copyright owner or the law 1 intentionally remove or alter any copyright management information 2 distribute or import for distribution copyright management information knowing that the copyright management information has been removed or altered without authority of the copyright owner or the law or 3 distribute import for distribution or publicly perform works copies of works or phonorecords knowing that copyright management information has been removed or altered without authority of the copyright owner or the law knowing or with respect to civil remedies under section 1203 having reasonable grounds to know that it will induce enable facilitate or conceal an infringement of any right under this title c Definition As used in this section the term copyright management information means any of the following information conveyed in connection with copies or phonorecords of a work or performances or displays of a work including in digital form except that such term does not include any personally identifying information about a user of a work or of a copy phonorecord performance or display of a work 1 The title and other information identifying the work including the information set forth on a notice of copyright 2 The name of and other identifying information about the author of a work 3 The name of and other identifying information about the copyright owner of the work including the information set forth in a notice of copyright 4 With the exception of public performances of works by radio and television broadcast stations the name of and other identifying information about a performer whose performance is fixed in a work other than an audiovisual work 5 With the exception of public performances of works by radio and television broadcast stations in the case of an audiovisual work the name of and other identifying information about a writer performer or director who is credited in the audiovisual work 6 Terms and conditions for use of the work 7 Identifying numbers or symbols referring to such information or links to such information 8 Such other information as the Register of Copyrights may prescribe by regulation except that the Register of Copyrights may not require the provision of any information concerning the user of a copyrighted work d Law Enforcement Intelligence and Other Government Activities This section does not prohibit any lawfully authorized investigative protective information security or intelligence activity of an officer agent or employee of the United States a State or a political subdivision of a State

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  • COPYRIGHT.ht : U.S. Copyright Law: Chapter 13
    during the term of such protection to 1 make have made or import for sale or for use in trade any infringing article as defined in subsection e or 2 sell or distribute for sale or for use in trade any such infringing article b Acts of Sellers and Distributors A seller or distributor of an infringing article who did not make or import the article shall be deemed to have infringed on a design protected under this chapter only if that person 1 induced or acted in collusion with a manufacturer to make or an importer to import such article except that merely purchasing or giving an order to purchase such article in the ordinary course of business shall not of itself constitute such inducement or collusion or 2 refused or failed upon the request of the owner of the design to make a prompt and full disclosure of that person s source of such article and that person orders or reorders such article after receiving notice by registered or certified mail of the protection subsisting in the design c Acts without Knowledge It shall not be infringement under this section to make have made import sell or distribute any article embodying a design which was created without knowledge that a design was protected under this chapter and was copied from such protected design d Acts in Ordinary Course of Business A person who incorporates into that person s product of manufacture an infringing article acquired from others in the ordinary course of business or who without knowledge of the protected design embodied in an infringing article makes or processes the infringing article for the account of another person in the ordinary course of business shall not be deemed to have infringed the rights in that design under this chapter except under a condition contained in paragraph 1 or 2 of subsection b Accepting an order or reorder from the source of the infringing article shall be deemed ordering or reordering within the meaning of subsection b 2 e Infringing Article Defined As used in this section an infringing article is any article the design of which has been copied from a design protected under this chapter without the consent of the owner of the protected design An infringing article is not an illustration or picture of a protected design in an advertisement book periodical newspaper photograph broadcast motion picture or similar medium A design shall not be deemed to have been copied from a protected design if it is original and not substantially similar in appearance to a protected design f Establishing Originality The party to any action or proceeding under this chapter who alleges rights under this chapter in a design shall have the burden of establishing the design s originality whenever the opposing party introduces an earlier work which is identical to such design or so similar as to make prima facie showing that such design was copied from such work g Reproduction for Teaching or Analysis It is not an infringement of the exclusive rights of a design owner for a person to reproduce the design in a useful article or in any other form solely for the purpose of teaching analyzing or evaluating the appearance concepts or techniques embodied in the design or the function of the useful article embodying the design 1310 Application for registration a Time Limit for Application for Registration Protection under this chapter shall be lost if application for registration of the design is not made within 2 years after the date on which the design is first made public b When Design Is Made Public A design is made public when an existing useful article embodying the design is anywhere publicly exhibited publicly distributed or offered for sale or sold to the public by the owner of the design or with the owner s consent c Application by Owner of Design Application for registration may be made by the owner of the design d Contents of Application The application for registration shall be made to the Administrator and shall state 1 the name and address of the designer or designers of the design 2 the name and address of the owner if different from the designer 3 the specific name of the useful article embodying the design 4 the date if any that the design was first made public if such date was earlier than the date of the application 5 affirmation that the design has been fixed in a useful article and 6 such other information as may be required by the Administrator The application for registration may include a description setting forth the salient features of the design but the absence of such a description shall not prevent registration under this chapter e Sworn Statement The application for registration shall be accompanied by a statement under oath by the applicant or the applicant s duly authorized agent or representative setting forth to the best of the applicant s knowledge and belief 1 that the design is original and was created by the designer or designers named in the application 2 that the design has not previously been registered on behalf of the applicant or the applicant s predecessor in title and 3 that the applicant is the person entitled to protection and to registration under this chapter If the design has been made public with the design notice prescribed in section 1306 the statement shall also describe the exact form and position of the design notice f Effect of Errors 1 Error in any statement or assertion as to the utility of the useful article named in the application under this section the design of which is sought to be registered shall not affect the protection secured under this chapter 2 Errors in omitting a joint designer or in naming an alleged joint designer shall not affect the validity of the registration or the actual ownership or the protection of the design unless it is shown that the error occurred with deceptive intent g Design Made in Scope of Employment In a case in which the design was made within the regular scope of the designer s employment and individual authorship of the design is difficult or impossible to ascribe and the application so states the name and address of the employer for whom the design was made may be stated instead of that of the individual designer h Pictorial Representation of Design The application for registration shall be accompanied by two copies of a drawing or other pictorial representation of the useful article embodying the design having one or more views adequate to show the design in a form and style suitable for reproduction which shall be deemed a part of the application i Design in More than One Useful Article If the distinguishing elements of a design are in substantially the same form in different useful articles the design shall be protected as to all such useful articles when protected as to one of them but not more than one registration shall be required for the design j Application for More than One Design More than one design may be included in the same application under such conditions as may be prescribed by the Administrator For each design included in an application the fee prescribed for a single design shall be paid 1311 Benefit of earlier filing date in foreign country An application for registration of a design filed in the United States by any person who has or whose legal representative or predecessor or successor in title has previously filed an application for registration of the same design in a foreign country which extends to designs of owners who are citizens of the United States or to applications filed under this chapter similar protection to that provided under this chapter shall have that same effect as if filed in the United States on the date on which the application was first filed in such foreign country if the application in the United States is filed within 6 months after the earliest date on which any such foreign application was filed 1312 Oaths and acknowledgments a In General Oaths and acknowledgments required by this chapter 1 may be made A before any person in the United States authorized by law to administer oaths or B when made in a foreign country before any diplomatic or consular officer of the United States authorized to administer oaths or before any official authorized to administer oaths in the foreign country concerned whose authority shall be proved by a certificate of a diplomatic or consular officer of the United States and 2 shall be valid if they comply with the laws of the State or country where made b Written Declaration in Lieu of Oath 1 The Administrator may by rule prescribe that any document which is to be filed under this chapter in the Office of the Administrator and which is required by any law rule or other regulation to be under oath may be subscribed to by a written declaration in such form as the Administrator may prescribe and such declaration shall be in lieu of the oath otherwise required 2 Whenever a written declaration under paragraph 1 is used the document containing the declaration shall state that willful false statements are punishable by fine or imprisonment or both pursuant to section 1001 of title 18 and may jeopardize the validity of the application or document or a registration resulting therefrom 1313 Examination of application and issue or refusal of registration 4 a Determination of Registrability of Design Registration Upon the filing of an application for registration in proper form under section 1310 and upon payment of the fee prescribed under section 1316 the Administrator shall determine whether or not the application relates to a design which on its face appears to be subject to protection under this chapter and if so the Register shall register the design Registration under this subsection shall be announced by publication The date of registration shall be the date of publication b Refusal to Register Reconsideration If in the judgment of the Administrator the application for registration relates to a design which on its face is not subject to protection under this chapter the Administrator shall send to the applicant a notice of refusal to register and the grounds for the refusal Within 3 months after the date on which the notice of refusal is sent the applicant may by written request seek reconsideration of the application After consideration of such a request the Administrator shall either register the design or send to the applicant a notice of final refusal to register c Application to Cancel Registration Any person who believes he or she is or will be damaged by a registration under this chapter may upon payment of the prescribed fee apply to the Administrator at any time to cancel the registration on the ground that the design is not subject to protection under this chapter stating the reasons for the request Upon receipt of an application for cancellation the Administrator shall send to the owner of the design as shown in the records of the Office of the Administrator a notice of the application and the owner shall have a period of 3 months after the date on which such notice is mailed in which to present arguments to the Administrator for support of the validity of the registration The Administrator shall also have the authority to establish by regulation conditions under which the opposing parties may appear and be heard in support of their arguments If after the periods provided for the presentation of arguments have expired the Administrator determines that the applicant for cancellation has established that the design is not subject to protection under this chapter the Administrator shall order the registration stricken from the record Cancellation under this subsection shall be announced by publication and notice of the Administrator s final determination with respect to any application for cancellation shall be sent to the applicant and to the owner of record Costs of the cancellation procedure under this subsection shall be borne by the nonprevailing party or parties and the Administrator shall have the authority to assess and collect such costs 1314 Certification of registration Certificates of registration shall be issued in the name of the United States under the seal of the Office of the Administrator and shall be recorded in the official records of the Office The certificate shall state the name of the useful article the date of filing of the application the date of registration and the date the design was made public if earlier than the date of filing of the application and shall contain a reproduction of the drawing or other pictorial representation of the design If a description of the salient features of the design appears in the application the description shall also appear in the certificate A certificate of registration shall be admitted in any court as prima facie evidence of the facts stated in the certificate 1315 Publication of announcements and indexes a Publications of the Administrator The Administrator shall publish lists and indexes of registered designs and cancellations of designs and may also publish the drawings or other pictorial representations of registered designs for sale or other distribution b File of Representatives of Registered Designs The Administrator shall establish and maintain a file of the drawings or other pictorial representations of registered designs The file shall be available for use by the public under such conditions as the Administrator may prescribe 1316 Fees The Administrator shall by regulation set reasonable fees for the filing of applications to register designs under this chapter and for other services relating to the administration of this chapter taking into consideration the cost of providing these services and the benefit of a public record 1317 Regulations The Administrator may establish regulations for the administration of this chapter 1318 Copies of records Upon payment of the prescribed fee any person may obtain a certified copy of any official record of the Office of the Administrator that relates to this chapter That copy shall be admissible in evidence with the same effect as the original 1319 Correction of errors in certificates The Administrator may by a certificate of correction under seal correct any error in a registration incurred through the fault of the Office or upon payment of the required fee any error of a clerical or typographical nature occurring in good faith but not through the fault of the Office Such registration together with the certificate shall thereafter have the same effect as if it had been originally issued in such corrected form 1320 Ownership and transfer 5 a Property Right in Design The property right in a design subject to protection under this chapter shall vest in the designer the legal representatives of a deceased designer or of one under legal incapacity the employer for whom the designer created the design in the case of a design made within the regular scope of the designer s employment or a person to whom the rights of the designer or of such employer have been transferred The person in whom the property right is vested shall be considered the owner of the design b Transfer of Property Right The property right in a registered design or a design for which an application for registration has been or may be filed may be assigned granted conveyed or mortgaged by an instrument in writing signed by the owner or may be bequeathed by will c Oath or Acknowledgment of Transfer An oath or acknowledgment under section 1312 shall be prima facie evidence of the execution of an assignment grant conveyance or mortgage under subsection b d Recordation of Transfer An assignment grant conveyance or mortgage under subsection b shall be void as against any subsequent purchaser or mortgagee for a valuable consideration unless it is recorded in the Office of the Administrator within 3 months after its date of execution or before the date of such subsequent purchase or mortgage 1321 Remedy for infringement a In General The owner of a design is entitled after issuance of a certificate of registration of the design under this chapter to institute an action for any infringement of the design b Review of Refusal to Register 1 Subject to paragraph 2 the owner of a design may seek judicial review of a final refusal of the Administrator to register the design under this chapter by bringing a civil action and may in the same action if the court adjudges the design subject to protection under this chapter enforce the rights in that design under this chapter 2 The owner of a design may seek judicial review under this section if A the owner has previously duly filed and prosecuted to final refusal an application in proper form for registration of the design B the owner causes a copy of the complaint in the action to be delivered to the Administrator within 10 days after the commencement of the action and C the defendant has committed acts in respect to the design which would constitute infringement with respect to a design protected under this chapter c Administrator as Party to Action The Administrator may at the Administrator s option become a party to the action with respect to the issue of registrability of the design claim by entering an appearance within 60 days after being served with the complaint but the failure of the Administrator to become a party shall not deprive the court of jurisdiction to determine that issue d Use of Arbitration to Resolve Dispute The parties to an infringement dispute under this chapter within such time as may be specified by the Administrator by regulation may determine the dispute or any aspect of the dispute by arbitration Arbitration shall be governed by title 9 The parties shall give notice of any arbitration award to the

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  • COPYRIGHT.ht : U.S. Copyright Law: Appendix A
    the terms of section 115 of title 17 as amended by the first section of this Act However such parts made on or after January 1 1978 constitute phonorecords and are otherwise subject to the provisions of said section 115 Sec 107 In the case of any work in which an ad interim copyright is subsisting or is capable of being secured on December 31 1977 under section 22 of title 17 as it existed on that date copyright protection is hereby extended to endure for the term or terms provided by section 304 of title 17 as amended by the first section of this Act Sec 108 The notice provisions of sections 401 through 403 of title 17 as amended by the first section of this Act apply to all copies or phonorecords publicly distributed on or after January 1 1978 However in the case of a work published before January 1 1978 compliance with the notice provisions of title 17 either as it existed on December 31 1977 or as amended by the first section of this Act is adequate with respect to copies publicly distributed after December 31 1977 Sec 109 The registration of claims to copyright for which the required deposit application and fee were received in the Copyright Office before January 1 1978 and the recordation of assignments of copyright or other instruments received in the Copyright Office before January 1 1978 shall be made in accordance with title 17 as it existed on December 31 1977 Sec 110 The demand and penalty provisions of section 14 of title 17 as it existed on December 31 1977 apply to any work in which copyright has been secured by publication with notice of copyright on or before that date but any deposit and registration made after that date in response to a demand under that section shall be made in accordance with the provisions of title 17 as amended by the first section of this Act Sec 111 Section 2318 of title 18 of the United States Code is amended to read as follows To assist the reader section 2318 of title 18 as currently amended along with related criminal provisions appears in Appendix F infra Sec 112 All causes of action that arose under title 17 before January 1 1978 shall be governed by title 17 as it existed when the cause of action arose Sec 113 a The Librarian of Congress hereinafter referred to as the Librarian shall establish and maintain in the Library of Congress a library to be known as the American Television and Radio Archives hereinafter referred to as the Archives The purpose of the Archives shall be to preserve a permanent record of the television and radio programs which are the heritage of the people of the United States and to provide access to such programs to historians and scholars without encouraging or causing copyright infringement 1 The Librarian after consultation with interested organizations and individuals shall determine and place

    Original URL path: http://www.copyright.ht/hypertext/copyright-act/92appa.html (2016-01-15)
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