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Copyright Law of the United States of America by The US Copyright Office

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(A) In general. Subject to the provisions of subparagraphs (B) and (C)
of this paragraph and paragraphs (3), (4), (5), and (6) of this
subsection and section 114(d), secondary transmissions of a performance
or display of a work embodied in a primary transmission made by a
network station shall be subject to statutory licensing under this
section if the secondary transmission is made by a satellite carrier to
the public for private home viewing, with regard to secondary
transmissions the satellite carrier is in compliance with the rules,
regulations, or authorizations of the Federal Communications Commission
governing the carriage of television broadcast station signals, and the
carrier makes a direct or indirect charge for such retransmission
service to each subscriber receiving the secondary transmission.

(B) Secondary transmissions to unserved households.-

(i) In general. The statutory license provided for in subparagraph (A)
shall be limited to secondary transmissions of the signals of no more
than two network stations in a single day for each television network to
persons who reside in unserved households.

(ii) Accurate determinations of eligibility.-

(I) Accurate predictive model. In determining presumptively whether a
person resides in an unserved household under subsection (d)(10)(A), a
court shall rely on the Individual Location Longley-Rice model set forth
by the Federal Communications Commission in Docket No. 98-201, as that
model may be amended by the Commission over time under section 339(c)(3)
of the Communications Act of 1934 to increase the accuracy of that
model.

(II) Accurate measurements. For purposes of site measurements to
determine whether a person resides in an unserved household under
subsection (d)(10)(A), a court shall rely on section 339(c)(4) of the
Communications Act of 1934.

(iii) C-band exemption to unserved households.-

(I) In general. The limitations of clause (i) shall not apply to any
secondary transmissions by C-band services of network stations that a
subscriber to C-band service received before any termination of such
secondary transmissions before October 31, 1999.

(II) Definition. In this clause the term "C-band service" means a
service that is licensed by the Federal Communications Commission and
operates in the Fixed Satellite Service under part 25 of title 47 of the
Code of Federal Regulations.

(C) Submission of subscriber lists to networks. A satellite carrier that
makes secondary transmissions of a primary transmission made by a
network station pursuant to subparagraph (A) shall, 90 days after
commencing such secondary transmissions, submit to the network that owns
or is affiliated with the network station a list identifying (by name
and street address, including county and zip code) all subscribers to
which the satellite carrier makes secondary transmissions of that
primary transmission. Thereafter, on the 15th of each month, the
satellite carrier shall submit to the network a list identifying (by
name and street address, including county and zip code) any persons who
have been added or dropped as such subscribers since the last submission
under this subparagraph. Such subscriber information submitted by a
satellite carrier may be used only for purposes of monitoring compliance
by the satellite carrier with this subsection. The submission
requirements of this subparagraph shall apply to a satellite carrier
only if the network to whom the submissions are to be made places on
file with the Register of Copyrights a document identifying the name and
address of the person to whom such submissions are to be made. The
Register shall maintain for public inspection a file of all such
documents.

(3) Noncompliance with reporting and payment requirements.-
Notwithstanding the provisions of paragraphs (1) and (2), the willful or
repeated secondary transmission to the public by a satellite carrier of
a primary transmission made by a superstation or a network station and
embodying a performance or display of a work is actionable as an act of
infringement under section 501, and is fully subject to the remedies
provided by sections 502 through 506 and 509, where the satellite
carrier has not deposited the statement of account and royalty fee
required by subsection (b), or has failed to make the submissions to
networks required by paragraph (2)(C).

(4) Willful alterations. Notwithstanding the provisions of paragraphs
(1) and (2), the secondary transmission to the public by a satellite
carrier of a performance or display of a work embodied in a primary
transmission made by a superstation or a network station is actionable
as an act of infringement under section 501, and is fully subject to the
remedies provided by sections 502 through 506 and sections 509 and 510,
if the content of the particular program in which the performance or
display is embodied, or any commercial advertising or station
announcement transmitted by the primary transmitter during, or
immediately before or after, the transmission of such program, is in any
way willfully altered by the satellite carrier through changes,
deletions, or additions, or is combined with programming from any other
broadcast signal.

(5) Violation of territorial restrictions on statutory license for
network stations.-

(A) Individual violations. The willful or repeated secondary
transmission by a satellite carrier of a primary transmission made by a
network station and embodying a performance or display of a work to a
subscriber who does not reside in an unserved household is actionable as
an act of infringement under section 501 and is fully subject to the
remedies provided by sections 502 through 506 and 509, except that-

(i) no damages shall be awarded for such act of infringement if the
satellite carrier took corrective action by promptly withdrawing service
from the ineligible subscriber, and

(ii) any statutory damages shall not exceed $5 for such subscriber for
each month during which the violation occurred.

(B) Pattern of violations. If a satellite carrier engages in a willful
or repeated pattern or practice of delivering a primary transmission
made by a network station and embodying a performance or display of a
work to subscribers who do not reside in unserved households, then in
addition to the remedies set forth in subparagraph (A)-

(i) if the pattern or practice has been carried out on a substantially
nationwide basis, the court shall order a permanent injunction barring
the secondary transmission by the satellite carrier, for private home
viewing, of the primary transmissions of any primary network station
affiliated with the same network, and the court may order statutory
damages of not to exceed $250,000 for each 6-month period during which
the pattern or practice was carried out; and

(ii) if the pattern or practice has been carried out on a local or
regional basis, the court shall order a permanent injunction barring the
secondary transmission, for private home viewing in that locality or
region, by the satellite carrier of the primary transmissions of any
primary network station affiliated with the same network, and the court
may order statutory damages of not to exceed $250,000 for each 6-month
period during which the pattern or practice was carried out.

(C) Previous subscribers excluded. Subparagraphs (A) and (B) do not
apply to secondary transmissions by a satellite carrier to persons who
subscribed to receive such secondary transmissions from the satellite
carrier or a distributor before November 16, 1988.

(D) Burden of proof. [57] In any action brought under this paragraph,
the satellite carrier shall have the burden of proving that its
secondary transmission of a primary transmission by a network station is
for private home viewing to an unserved household.

(E) Exception. The secondary transmission by a satellite carrier of a
performance or display of a work embodied in a primary transmission made
by a network station to subscribers who do not reside in unserved
households shall not be an act of infringement if-

(i) the station on May 1, 1991, was retransmitted by a satellite carrier
and was not on that date owned or operated by or affiliated with a
television network that offered interconnected program service on a
regular basis for 15 or more hours per week to at least 25 affiliated
television licensees in 10 or more States;

(ii) as of July 1, 1998, such station was retransmitted by a satellite
carrier under the statutory license of this section; and

(iii) the station is not owned or operated by or affiliated with a
television network that, as of January 1, 1995, offered interconnected
program service on a regular basis for 15 or more hours per week to at
least 25 affiliated television licensees in 10 or more States.

(6) Discrimination by a satellite carrier. Notwithstanding the
provisions of paragraph (1), the willful or repeated secondary
transmission to the public by a satellite carrier of [a] performance or
display of a work embodied in a primary transmission made by a
superstation or a network station is actionable as an act of
infringement under section 501, and is fully subject to the remedies
provided by sections 502 through 506 and 509, if the satellite carrier
unlawfully discriminates against a distributor. [58]

(7) Geographic limitation on secondary transmissions. The statutory
license created by this section shall apply only to secondary
transmissions to households located in the United States.

(8) Transitional signal intensity measurement procedures. [59]

(A) In general. Subject to subparagraph (C), upon a challenge by a
network station regarding whether a subscriber is an unserved household
within the predicted Grade B Contour of the station, the satellite
carrier shall, within 60 days after the receipt of the challenge-

(i) terminate service to that household of the signal that is the
subject of the challenge, and within 30 days thereafter notify the
network station that made the challenge that service to that household
has been terminated; or

(ii) conduct a measurement of the signal intensity of the subscriber's
household to determine whether the household is an unserved household
after giving reasonable notice to the network station of the satellite
carrier's intent to conduct the measurement.

(B) Effect of measurement. If the satellite carrier conducts a signal
intensity measurement under subparagraph (A) and the measurement
indicates that-

(i) the household is not an unserved household, the satellite carrier
shall, within 60 days after the measurement is conducted, terminate the
service to that household of the signal that is the subject of the
challenge, and within 30 days thereafter notify the network station that
made the challenge that service to that household has been terminated;
or

(ii) the household is an unserved household, the station challenging the
service shall reimburse the satellite carrier for the costs of the
signal measurement within 60 days after receipt of the measurement
results and a statement of the costs of the measurement.

(C) Limitation on measurements.-

(i) Notwithstanding subparagraph (A), a satellite carrier may not be
required to conduct signal intensity measurements during any calendar
year in excess of 5 percent of the number of subscribers within the
network station's local market that have subscribed to the service as of
the effective date of the Satellite Home Viewer Act of 1994.

(ii) If a network station challenges whether a subscriber is an unserved
household in excess of 5 percent of the subscribers within the network
station's local market within a calendar year, subparagraph (A) shall
not apply to challenges in excess of such 5 percent, but the station may
conduct its own signal intensity measurement of the subscriber's
household after giving reasonable notice to the satellite carrier of the
network station's intent to conduct the measurement. If such measurement
indicates that the household is not an unserved household, the carrier
shall, within 60 days after receipt of the measurement, terminate
service to the household of the signal that is the subject of the
challenge and within 30 days thereafter notify the network station that
made the challenge that service has been terminated. The carrier shall
also, within 60 days after receipt of the measurement and a statement of
the costs of the measurement, reimburse the network station for the cost
it incurred in conducting the measurement.

(D) Outside the predicted grade b contour.-

(i) If a network station challenges whether a subscriber is an unserved
household outside the predicted Grade B Contour of the station, the
station may conduct a measurement of the signal intensity of the
subscriber's household to determine whether the household is an unserved
household after giving reasonable notice to the satellite carrier of the
network station's intent to conduct the measurement.

(ii) If the network station conducts a signal intensity measurement
under clause (i) and the measurement indicates that-

(I) the household is not an unserved household, the station shall
forward the results to the satellite carrier who shall, within 60 days
after receipt of the measurement, terminate the service to the household
of the signal that is the subject of the challenge, and shall reimburse
the station for the costs of the measurement within 60 days after
receipt of the measurement results and a statement of such costs; or

(II) the household is an unserved household, the station shall pay the
costs of the measurement.

(9) Loser pays for signal intensity measurement; recovery of measurement
costs in a civil action. In any civil action filed relating to the
eligibility of subscribing households as unserved households-

(A) a network station challenging such eligibility shall, within 60 days
after receipt of the measurement results and a statement of such costs,
reimburse the satellite carrier for any signal intensity measurement
that is conducted by that carrier in response to a challenge by the
network station and that establishes the household is an unserved
household; and

(B) a satellite carrier shall, within 60 days after receipt of the
measurement results and a statement of such costs, reimburse the network
station challenging such eligibility for any signal intensity
measurement that is conducted by that station and that establishes the
household is not an unserved household.

(10) inability to conduct measurement. If a network station makes a
reasonable attempt to conduct a site measurement of its signal at a
subscriber's household and is denied access for the purpose of
conducting the measurement, and is otherwise unable to conduct a
measurement, the satellite carrier shall within 60 days notice thereof,
terminate service of the station's network to that household.

(11) Service to recreational vehicles and commercial trucks.-

(A) Exemption.-

(i) In general. For purposes of this subsection, and subject to clauses
(ii) and (iii), the term "unserved household" shall include-

(I) recreational vehicles as defined in regulations of the Secretary of
Housing and Urban Development under section 3282.8 of title 24 of the
Code of Federal Regulations; and

(II) commercial trucks that qualify as commercial motor vehicles under
regulations of the Secretary of Transportation under section 383.5 of
title 49 of the Code of Federal Regulations.

(ii) Limitation. Clause (i) shall apply only to a recreational vehicle
or commercial truck if any satellite carrier that proposes to make a
secondary transmission of a network station to the operator of such a
recreational vehicle or commercial truck complies with the documentation
requirements under subparagraphs (B) and (C).

(iii) Exclusion. For purposes of this subparagraph, the terms
"recreational vehicle" and "commercial truck" shall not include any
fixed dwelling, whether a mobile home or otherwise.

(B) Documentation requirements. A recreational vehicle or commercial
truck shall be deemed to be an unserved household beginning 10 days
after the relevant satellite carrier provides to the network that owns
or is affiliated with the network station that will be secondarily
transmitted to the recreational vehicle or commercial truck the
following documents:

(i) Declaration. A signed declaration by the operator of the
recreational vehicle or commercial truck that the satellite dish is
permanently attached to the recreational vehicle or commercial truck,
and will not be used to receive satellite programming at any fixed
dwelling.

(ii) Registration. In the case of a recreational vehicle, a copy of the
current State vehicle registration for the recreational vehicle.

(iii) Registration and license. In the case of a commercial truck, a
copy of-

(I) the current State vehicle registration for the truck; and

(II) a copy of a valid, current commercial driver's license, as defined
in regulations of the Secretary of Transportation under section 383 of
title 49 of the Code of Federal Regulations, issued to the operator.

(C) Updated documentation requirements. If a satellite carrier wishes to
continue to make secondary transmissions to a recreational vehicle or
commercial truck for more than a 2-year period, that carrier shall
provide each network, upon request, with updated documentation in the
form described under subparagraph (B) during the 90 days before
expiration of that 2-year period.

(12) Statutory license contingent on compliance with fcc rules and
remedial steps. Notwithstanding any other provision of this section, the
willful or repeated secondary transmission to the public by a satellite
carrier of a primary transmission embodying a performance or display of
a work made by a broadcast station licensed by the Federal
Communications Commission is actionable as an act of infringement under
section 501, and is fully subject to the remedies provided by sections
502 through 506 and 509, if, at the time of such transmission, the
satellite carrier is not in compliance with the rules, regulations, and
authorizations of the Federal Communications Commission concerning the
carriage of television broadcast station signals. [60]

(b) Statutory License for Secondary Transmissions for Private Home
Viewing.-

(1) Deposits with the register of copyrights. A satellite carrier whose
secondary transmissions are subject to statutory licensing under
subsection (a) shall, on a semiannual basis, deposit with the Register
of Copyrights, in accordance with requirements that the Register shall
prescribe by regulation-

(A) a statement of account, covering the preceding 6-month period,
specifying the names and locations of all superstations and network
stations whose signals were transmitted, at any time during that period,
to subscribers for private home viewing as described in subsections (a)
(1) and (a)(2), the total number of subscribers that received such
transmissions, and such other data as the Register of Copyrights may
from time to time prescribe by regulation; and

(B) a royalty fee for that 6-month period, computed by-

(i) multiplying the total number of subscribers receiving each secondary
transmission of a superstation during each calendar month by 17.5 cents
per subscriber in the case of superstations that as retransmitted by the
satellite carrier include any program which, if delivered by any cable
system in the United States, would be subject to the syndicated
exclusivity rules of the Federal Communications Commission, and 14 cents
per subscriber in the case of superstations that are syndex-proof as
defined in section 258.2 of title 37, Code of Federal Regulations;

(ii) multiplying the number of subscribers receiving each secondary
transmission of a network station or the Public Broadcasting Service
satellite feed during each calendar month by 6 cents; [61] and

(iii) adding together the totals computed under clauses (i) and (ii).

(2) Investment of fees. The Register of Copyrights shall receive all
fees deposited under this section and, after deducting the reasonable
costs incurred by the Copyright Office under this section (other than
the costs deducted under paragraph (4)), shall deposit the balance in
the Treasury of the United States, 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 securities of the United States
for later distribution with interest by the Librarian of Congress as
provided by this title.

(3) Persons to whom fees are distributed. The royalty fees deposited
under paragraph (2) shall, in accordance with the procedures provided by
paragraph (4), be distributed to those copyright owners whose works were
included in a secondary transmission for private home viewing made by a
satellite carrier during the applicable 6-month accounting period and
who file a claim with the Librarian of Congress under paragraph (4).

(4) Procedures for distribution. The royalty fees deposited under
paragraph (2) shall be distributed in accordance with the following
procedures:

(A) Filing of claims for fees. During the month of July in each year,
each person claiming to be entitled to statutory license fees for
secondary transmissions for private home viewing shall file a claim with
the Librarian of Congress, in accordance with requirements that the
Librarian of Congress shall prescribe by regulation. For purposes of
this paragraph, any claimants may agree among themselves as to the
proportionate division of statutory license fees among them, may lump
their claims together and file them jointly or as a single claim, or may
designate a common agent to receive payment on their behalf.

(B) Determination of controversy; distributions. After the first day of
August of each year, the Librarian of Congress shall determine whether
there exists a controversy concerning the distribution of royalty fees.
If the Librarian of Congress determines that no such controversy exists,
the Librarian of Congress shall, after deducting reasonable
administrative costs under this paragraph, distribute such fees to the
copyright owners entitled to receive them, or to their designated
agents. If the Librarian of Congress finds the existence of a
controversy, the Librarian of Congress shall, pursuant to chapter 8 of
this title, convene a copyright arbitration royalty panel to determine
the distribution of royalty fees.

(C) Withholding of fees during controversy. During the pendency of any
proceeding under this subsection, the Librarian of Congress shall
withhold from distribution an amount sufficient to satisfy all claims
with respect to which a controversy exists, but shall have discretion to
proceed to distribute any amounts that are not in controversy.

(c) Adjustment of Royalty Fees.-

(1) Applicability and determination of royalty fees. The rate of the
royalty fee payable under subsection (b)(1)(B) shall be effective unless
a royalty fee is established under paragraph (2) or (3) of this
subsection.

(2) Fee set by voluntary negotiation.-

(A) Notice of initiation of proceedings. On or before July 1, 1996, the
Librarian of Congress shall cause notice to be published in the Federal
Register of the initiation of voluntary negotiation proceedings for the
purpose of determining the royalty fee to be paid by satellite carriers
under subsection (b)(1)(B).

(B) Negotiations. Satellite carriers, distributors, and copyright owners
entitled to royalty fees under this section shall negotiate in good
faith in an effort to reach a voluntary agreement or voluntary
agreements for the payment of royalty fees. Any such satellite carriers,
distributors, and copyright owners may at any time negotiate and agree
to the royalty fee, and may designate common agents to negotiate, agree
to, or pay such fees. If the parties fail to identify common agents, the
Librarian of Congress shall do so, after requesting recommendations from
the parties to the negotiation proceeding. The parties to each
negotiation proceeding shall bear the entire cost thereof.

(C) Agreements binding on parties; filing of agreements. Voluntary
agreements negotiated at any time in accordance with this paragraph
shall be binding upon all satellite carriers, distributors, and
copyright owners that are parties thereto. Copies of such agreements
shall be filed with the Copyright Office within 30 days after execution
in accordance with regulations that the Register of Copyrights shall
prescribe.

(D) Period agreement is in effect. The obligation to pay the royalty
fees established under a voluntary agreement which has been filed with
the Copyright Office in accordance with this paragraph shall become
effective on the date specified in the agreement, and shall remain in
effect until December 31, 1999, or in accordance with the terms of the
agreement, whichever is later.

(3) Fee set by compulsory arbitration.-

(A) Notice of initiation of proceedings. On or before January 1, 1997,
the Librarian of Congress shall cause notice to be published in the
Federal Register of the initiation of arbitration proceedings for the
purpose of determining a reasonable royalty fee to be paid under
subsection (b)(1)(B) by satellite carriers who are not parties to a
voluntary agreement filed with the Copyright Office in accordance with
paragraph (2). Such arbitration proceeding shall be conducted under
chapter 8.

(B) Establishment of royalty fees. In determining royalty fees under
this paragraph, the copyright arbitration royalty panel appointed under
chapter 8 shall establish fees for the retransmission of network
stations and superstations that most clearly represent the fair market
value of secondary transmissions. In determining the fair market value,
the panel shall base its decision on economic, competitive, and
programming information presented by the parties, including-

(i) the competitive environment in which such programming is
distributed, the cost of similar signals in similar private and
compulsory license marketplaces, and any special features and conditions
of the retransmission marketplace;

(ii) the economic impact of such fees on copyright owners and satellite
carriers; and

(iii) the impact on the continued availability of secondary
transmissions to the public.

(C) Period during which decision of arbitration panel or order of
librarian effective. The obligation to pay the royalty fee established
under a determination which-

(i) is made by a copyright arbitration royalty panel in an arbitration
proceeding under this paragraph and is adopted by the Librarian of
Congress under section 802(f), or

(ii) is established by the Librarian of Congress under section 802(f),
shall become effective as provided in section 802(g ), or July 1, 1997,
whichever is later.

(D) Persons subject to royalty fee. The royalty fee referred to in
subparagraph (C) shall be binding on all satellite carriers,
distributors, and copyright owners, who are not party to a voluntary
agreement filed with the Copyright Office under paragraph (2).

(4) Reduction. [62]-

(A) Superstation. The rate of the royalty fee in effect on January 1,
1998, payable in each case under subsection (b)(1)(B)(i) shall be
reduced by 30 percent.

(B) Network and public broadcasting satellite feed. The rate of the
royalty fee in effect on January 1, 1998, payable under subsection (b)
(1)(B)(ii) shall be reduced by 45 percent.

(5) Public broadcasting service as agent. For purposes of section 802,
with respect to royalty fees paid by satellite carriers for
retransmitting the Public Broadcasting Service satellite feed, the
Public Broadcasting Service shall be the agent for all public television
copyright claimants and all Public Broadcasting Service member
stations. [63]

(d) Definitions. As used in this section-

(1) Distributor. The term "distributor" means an entity which contracts
to distribute secondary transmissions from a satellite carrier and,
either as a single channel or in a package with other programming,
provides the secondary transmission either directly to individual
subscribers for private home viewing or indirectly through other program
distribution entities.

(2) Network station. The term "network station" means-

(A) a television broadcast station, including any translator station or
terrestrial satellite station that rebroadcasts all or substantially all
of the programming broadcast by a network station, that is owned or
operated by, or affiliated with, one or more of the television networks
in the United States which offer an interconnected program service on a
regular basis for 15 or more hours per week to at least 25 of its
affiliated television licensees in 10 or more States; or

(B) a noncommercial educational broadcast station (as defined in section
397 of the Communications Act of 1934).

(3) Primary network station. The term "primary network station" means a
network station that broadcasts or rebroadcasts the basic programming
service of a particular national network.

(4) Primary transmission. The term "primary transmission" has the
meaning given that term in section 111(f) of this title.

(5) Private home viewing. The term "private home viewing" means the
viewing, for private use in a household by means of satellite reception
equipment which is operated by an individual in that household and which
serves only such household, of a secondary transmission delivered by a
satellite carrier of a primary transmission of a television station
licensed by the Federal Communications Commission.

(6) Satellite carrier. The term "satellite carrier" means an entity that
uses the facilities of a satellite or satellite service licensed by the
Federal Communications Commission and operates in the Fixed-Satellite
Service under part 25 of title 47 of the Code of Federal Regulations or
the Direct Broadcast Satellite Service under part 100 of title 47 of the
Code of Federal Regulations to establish and operate a channel of
communications for point-to-multipoint distribution of television
station signals, and that owns or leases a capacity or service on a
satellite in order to provide such point-to-multipoint distribution,
except to the extent that such entity provides such distribution
pursuant to tariff under the Communications Act of 1934, other than for
private home viewing.

(7) Secondary transmission. The term "secondary transmission" has the
meaning given that term in section 111(f) of this title.

(8) Subscriber. The term "subscriber" means an individual who receives a
secondary transmission service for private home viewing by means of a
secondary transmission from a satellite carrier and pays a fee for the
service, directly or indirectly, to the satellite carrier or to a
distributor.

(9) Superstation. The term "superstation"-

(A) means a television broadcast station, other than a network station,
licensed by the Federal Communications Commission that is secondarily
transmitted by a satellite carrier; and

(B) except for purposes of computing the royalty fee, includes the
Public Broadcasting Service satellite feed. [64]

(10) Unserved household. The term "unserved household", with respect to
a particular television network, means a household that-

(A) cannot receive, through the use of a conventional, stationary,
outdoor rooftop receiving antenna, an over-the-air signal of a primary
network station affiliated with that network of Grade B intensity as
defined by the Federal Communications Commission under section 73.683(a)
of title 47 of the Code of Federal Regulations, as in effect on January
1, 1999;

(B) is subject to a waiver granted under regulations established under
section 339(c)(2) of the Communications Act of 1934;

(C) is a subscriber to whom subsection (e) applies;

(D) is a subscriber to whom subsection (a)(11) applies; or

(E) is a subscriber to whom the exemption under subsection (a)(2)(B)
(iii) applies.

(11) Local market. The term "local market" has the meaning given such
term under section 122(j).

(12) Public broadcasting service satellite feed. The term "Public
Broadcasting Service satellite feed" means the national satellite feed
distributed and designated for purposes of this section by the Public
Broadcasting Service consisting of educational and informational
programming intended for private home viewing, to which the Public
Broadcasting Service holds national terrestrial broadcast rights. [65]

(e) Moratorium on Copyright Liability. Until December 31, 2004, a
subscriber who does not receive a signal of Grade A intensity (as
defined in the regulations of the Federal Communications Commission
under section 73.683(a) of title 47 of the Code of Federal Regulations,
as in effect on January 1, 1999, or predicted by the Federal
Communications Commission using the Individual Location Longley-Rice
methodology described by the Federal Communications Commission in Docket
No. 98-201) of a local network television broadcast station shall remain
eligible to receive signals of network stations affiliated with the same
network, if that subscriber had satellite service of such network signal
terminated after July 11, 1998, and before October 31, 1999, as required
by this section, or received such service on October 31, 1999.

Section 120. Scope of exclusive rights in architectural works [66]

(a) Pictorial Representations Permitted. The copyright in an
architectural work that has been constructed does not include the right
to prevent the making, distributing, or public display of pictures,
paintings, photographs, or other pictorial representations of the work,
if the building in which the work is embodied is located in or
ordinarily visible from a public place.

(b) Alterations to and Destruction of Buildings. Notwithstanding the
provisions of section 106(2), the owners of a building embodying an
architectural work may, without the consent of the author or copyright
owner of the architectural work, make or authorize the making of
alterations to such building, and destroy or authorize the destruction
of such building.

Section 121. Limitations on exclusive rights: reproduction for blind or
other people with disabilities [67]

(a) Notwithstanding the provisions of section 106, it is not an
infringement of copyright for an authorized entity to reproduce or to
distribute copies or phonorecords of a previously published, nondramatic
literary work if such copies or phonorecords are reproduced or
distributed in specialized formats exclusively for use by blind or other
persons with disabilities.

(b)(1) Copies or phonorecords to which this section applies shall

(A) not be reproduced or distributed in a format other than a
specialized format exclusively for use by blind or other persons with
disabilities;

(B) bear a notice that any further reproduction or distribution in a
format other than a specialized format is an infringement; and

(C) include a copyright notice identifying the copyright owner and the
date of the original publication.

(2) The provisions of this subsection shall not apply to standardized,
secure, or norm-referenced tests and related testing material, or to
computer programs, except the portions thereof that are in conventional
human language (including descriptions of pictorial works) and displayed
to users in the ordinary course of using the computer programs.

(c) For purposes of this section, the term-

(1) "authorized entity" means a nonprofit organization or a governmental
agency that has a primary mission to provide specialized services
relating to training, education, or adaptive reading or information
access needs of blind or other persons with disabilities;

(2) "blind or other persons with disabilities" means individuals who are
eligible or who may qualify in accordance with the Act entitled "An Act
to provide books for the adult blind", approved March 3, 1931 (2 U.S.C.
135a; 46 Stat. 1487) to receive books and other publications produced in
specialized formats; and

(3) "specialized formats" means braille, audio, or digital text which is
exclusively for use by blind or other persons with disabilities.

Section 122. Limitations on exclusive rights; secondary transmissions by
satellite carriers within local markets [68]

(a) Secondary Transmissions of television Broadcast Stations by
Satellite Carriers. A secondary transmission of a performance or display
of a work embodied in a primary transmission of a television broadcast
station into the station's local market shall be subject to statutory
licensing under this section if-

(1) the secondary transmission is made by a satellite carrier to the
public;

(2) with regard to secondary transmissions, the satellite carrier is in
compliance with the rules, regulations, or authorizations of the Federal
Communications Commission governing the carriage of television broadcast
station signals; and

(3) the satellite carrier makes a direct or indirect charge for the
secondary transmission to-

(A) each subscriber receiving the secondary transmission; or

(B) a distributor that has contracted with the satellite carrier for
direct or indirect delivery of the secondary transmission to the public.

(b) Reporting Requirements.-

(1) Initial lists. A satellite carrier that makes secondary
transmissions of a primary transmission made by a network station under
subsection (a) shall, within 90 days after commencing such secondary
transmissions, submit to the network that owns or is affiliated with the
network station a list identifying (by name in alphabetical order and
street address, including county and zip code) all subscribers to which
the satellite carrier makes secondary transmissions of that primary
transmission under subsection (a).

(2) Subsequent lists. After the list is submitted under paragraph (1),
the satellite carrier shall, on the 15th of each month, submit to the
network a list identifying (by name in alphabetical order and street
address, including county and zip code) any subscribers who have been
added or dropped as subscribers since the last submission under this
subsection.

(3) Use of subscriber information. Subscriber information submitted by a
satellite carrier under this subsection may be used only for the
purposes of monitoring compliance by the satellite carrier with this
section.

(4) Requirements of networks. The submission requirements of this
subsection shall apply to a satellite carrier only if the network to
which the submissions are to be made places on file with the Register of
Copyrights a document identifying the name and address of the person to
whom such submissions are to be made. The Register of Copyrights shall
maintain for public inspection a file of all such documents.

(c) No Royalty Fee Required. A satellite carrier whose secondary
transmissions are subject to statutory licensing under subsection (a)
shall have no royalty obligation for such secondary transmissions.

(d) Noncompliance with Reporting and Regulatory Requirements.
Notwithstanding subsection (a), the willful or repeated secondary
transmission to the public by a satellite carrier into the local market
of a television broadcast station of a primary transmission embodying a
performance or display of a work made by that television broadcast
station is actionable as an act of infringement under section 501, and
is fully subject to the remedies provided under sections 502 through 506
and 509, if the satellite carrier has not complied with the reporting
requirements of subsection (b) or with the rules, regulations, and
authorizations of the Federal Communications Commission concerning the
carriage of television broadcast signals.

(e) Willful Alterations. Notwithstanding subsection (a), the secondary
transmission to the public by a satellite carrier into the local market
of a television broadcast station of a performance or display of a work
embodied in a primary transmission made by that television broadcast
station is actionable as an act of infringement under section 501, and
is fully subject to the remedies provided by sections 502 through 506
and sections 509 and 510, if the content of the particular program in
which the performance or display is embodied, or any commercial
advertising or station announcement transmitted by the primary
transmitter during, or immediately before or after, the transmission of
such program, is in any way willfully altered by the satellite carrier
through changes, deletions, or additions, or is combined with
programming from any other broadcast signal.

(f) Violation of territorial Restrictions on Statutory License for
television Broadcast Stations.-

(1) Individual violations. The willful or repeated secondary
transmission to the public by a satellite carrier of a primary
transmission embodying a performance or display of a work made by a
television broadcast station to a subscriber who does not reside in that
station's local market, and is not subject to statutory licensing under
section 119 or a private licensing agreement, is actionable as an act of
infringement under section 501 and is fully subject to the remedies
provided by sections 502 through 506 and 509, except that-

(A) no damages shall be awarded for such act of infringement if the
satellite carrier took corrective action by promptly withdrawing service
from the ineligible subscriber; and

(B) any statutory damages shall not exceed $5 for such subscriber for
each month during which the violation occurred.

(2) Pattern of violations. If a satellite carrier engages in a willful
or repeated pattern or practice of secondarily transmitting to the
public a primary transmission embodying a performance or display of a
work made by a television broadcast station to subscribers who do not
reside in that station's local market, and are not subject to statutory
licensing under section 119 or a private licensing agreement, then in
addition to the remedies under paragraph (1)-

(A) if the pattern or practice has been carried out on a substantially
nationwide basis, the court-

(i) shall order a permanent injunction barring the secondary
transmission by the satellite carrier of the primary transmissions of
that television broadcast station (and if such television broadcast
station is a network station, all other television broadcast stations
affiliated with such network); and

(ii) may order statutory damages not exceeding $250,000 for each 6-month
period during which the pattern or practice was carried out; and

(B) if the pattern or practice has been carried out on a local or
regional basis with respect to more than one television broadcast
station, the court-

(i) shall order a permanent injunction barring the secondary
transmission in that locality or region by the satellite carrier of the
primary transmissions of any television broadcast station; and

(ii) may order statutory damages not exceeding $250,000 for each 6-month
period during which the pattern or practice was carried out.

(g) Burden of Proof. In any action brought under subsection (f), the
satellite carrier shall have the burden of proving that its secondary
transmission of a primary transmission by a television broadcast station
is made only to subscribers located within that station's local market
or subscribers being served in compliance with section 119 or a private
licensing agreement.

(h) Geographic Limitations on secondary Transmissions. The statutory
license created by this section shall apply to secondary transmissions
to locations in the United States.

(i) Exclusivity with Respect to Secondary Transmissions of Broadcast
Stations by Satellite to Members of the Public. No provision of section
111 or any other law (other than this section and section 119) shall be
construed to contain any authorization, exemption, or license through
which secondary transmissions by satellite carriers of programming
contained in a primary transmission made by a television broadcast
station may be made without obtaining the consent of the copyright
owner.

(j) Definitions. In this section-

(1) Distributor. The term "distributor" means an entity which contracts
to distribute secondary transmissions from a satellite carrier and,
either as a single channel or in a package with other programming,
provides the secondary transmission either directly to individual
subscribers or indirectly through other program distribution entities.

(2) Local market.-

(A) In general. The term "local market", in the case of both commercial
and noncommercial television broadcast stations, means the designated
market area in which a station is located, and-

(i) in the case of a commercial television broadcast station, all
commercial television broadcast stations licensed to a community within
the same designated market area are within the same local market; and

(ii) in the case of a noncommercial educational television broadcast
station, the market includes any station that is licensed to a community
within the same designated market area as the noncommercial educational
television broadcast station.

(B) County of license. In addition to the area described in subparagraph
(A), a station's local market includes the county in which the station's
community of license is located.

(C) Designated market area. For purposes of subparagraph (A), the term
"designated market area" means a designated market area, as determined
by Nielsen Media Research and published in the 1999-2000 Nielsen Station
Index Directory and Nielsen Station Index United States Television
Household Estimates or any successor publication.

(3) Network station; satellite carrier; secondary transmission. The
terms "network station", "satellite carrier", and "secondary
transmission" have the meanings given such terms under section 119(d).

(4) Subscriber. The term "subscriber" means a person who receives a
secondary transmission service from a satellite carrier and pays a fee
for the service, directly or indirectly, to the satellite carrier or to
a distributor.

(5) Television broadcast station. The term "television broadcast
station"-

(A) means an over-the-air, commercial or noncommercial television
broadcast station licensed by the Federal Communications Commission
under subpart E of part 73 of title 47, Code of Federal Regulations,
except that such term does not include a low-power or translator
television station; and

(B) includes a television broadcast station licensed by an appropriate
governmental authority of Canada or Mexico if the station broadcasts
primarily in the English language and is a network station as defined in
section 119(d)(2)(A).

------------------
Chapter 1 Endnotes

1 In 1980, section 117 was amended in its entirety with an amendment in
the nature of a substitute that included a new title. However, the table
of sections was not changed to reflect the new title. Pub. L. No.
96-517, 94 Stat. 3015, 3028. In 1997, a technical amendment made that
change. Pub. L. No. 105-80, 111 Stat. 1529, 1534.

2 The Audio Home Recording Act of 1992 amended section 101 by inserting
"Except as otherwise provided in this title," at the beginning of the
first sentence. Pub. L. No. 102-563, 106 Stat. 4237, 4248.

The Berne Convention Implementation Act of 1988 amended section 101 by
adding a definition for "Berne Convention work." Pub. L. No. 100-568,
102 Stat. 2853, 2854. In 1990, the Architectural Works Copyright
Protection Act amended the definition of "Berne Convention work" by
adding paragraph (5). Pub. L. No. 101-650, 104 Stat. 5089, 5133. The
WIPO Copyright and Performances and Phonograms Treaties Implementation
Act of 1998 deleted the definition of "Berne Convention work" from
section 101. Pub. L. No. 105-304, 112 Stat. 2860, 2861. The definition
of "Berne Convention work," as deleted, is contained in part VI of the
Appendix.

3 In 1990, the Architectural Works Copyright Protection Act amended
section 101 by adding the definition for "architectural work." Pub. L.
No. 101-650, 104 Stat. 5089, 5133. That Act states that the definition
is applicable to "any architectural work that, on the date of the
enactment of this Act, is unconstructed and embodied in unpublished
plans or drawings, except that protection for such architectural work
under title 17, United States Code, by virtue of the amendments made by
this title, shall terminate on December 31, 2002, unless the work is
constructed by that date."

4 The Berne Convention Implementation Act of 1988 amended section 101
by adding the definition of "Berne Convention." Pub. L. No. 100-568, 102
Stat. 2853, 2854.

5 The Digital Performance Right in Sound Recordings Act of 1995 amended
section 101 by adding the definition of "digital transmission." Pub. L.
No.104-39, 109 Stat. 336, 348.

6 The Fairness in Music Licensing Act of 1998 amended section 101 by
adding the definition of "establishment." Pub. L. No. 105-298, 112 Stat.
2827, 2833.

7 The Fairness in Music Licensing Act of 1998 amended section 101 by
adding the definition of "food service or drinking establishment." Pub.
L. No. 105-298, 112 Stat. 2827, 2833.

8 In 1997, the No Electronic Theft (NET) Act amended section 101 by
adding the definition for "financial gain." Pub. L. No. 105-147, 111
Stat. 2678.

9 The WIPO Copyright and Performances and Phonograms Treaties
Implementation Act of 1998 amended section 101 by adding the definition
of "Geneva Phonograms Convention." Pub. L. No. 105-304, 112 Stat. 2860,
2861.

10 The Fairness in Music Licensing Act of 1998 amended section 101 by
adding the definition of "gross square feet of space." Pub. L. No.
105-298, 112 Stat. 2827, 2833.

11 The WIPO Copyright and Performances and Phonograms Treaties
Implementation Act of 1998 requires that paragraph (5) of the definition
of "international agreement" take effect upon entry into force of the
WIPO Copyright Treaty with respect to the United States. Pub. L. No.
105-304, 112 Stat. 2860, 2877.

12 The WIPO Copyright and Performances and Phonograms Treaties
Implementation Act of 1998 requires that paragraph (6) of the definition
of "international agreement" take effect upon entry into force of the
WIPO Performances and Phonograms Treaty with respect to the United
States. Pub. L. No. 105-304, 112 Stat. 2860, 2877.

13 The WIPO Copyright and Performances and Phonograms Treaties
Implementation Act of 1998 amended section 101 by adding the definition
of "international agreement." Pub. L. No. 105-304, 112 Stat. 2860, 2861.

14 The Fairness in Music Licensing Act of 1998 amended section 101 by
adding the definition of "performing rights society." Pub. L. No.
105-298, 112 Stat. 2827, 2833.

15 The Berne Convention Implementation Act of 1988 amended the
definition of "Pictorial, graphic, and sculptural works" by inserting
"diagrams, models, and technical drawings, including architectural
plans" in the first sentence, in lieu of "technical drawings, diagrams,
and models." Pub. L. No. 100-568, 102 Stat. 2853, 2854.

16 The Fairness in Music Licensing Act of 1998 amended section 101 by
adding the definition of "proprietor." Pub. L. No. 105-298, 112 Stat.
2827, 2833. In 1999, a technical amendment added the phrase "For
purposes of section 513,", to the beginning of the definition of
"proprietor." Pub. L. No. 106-44, 113 Stat. 221, 222.

17 The Copyright Renewal Act of 1992 amended section 101 by adding the
definition of "registration." Pub. L. No. 102-307, 106 Stat. 264, 266.

18 The WIPO Copyright and Performances and Phonograms Treaties
Implementation Act of 1998 amended section 101 by adding the definition
of "treaty party." Pub. L. No. 105-304, 112 Stat. 2860, 2861.

19 The Berne Convention Implementation Act of 1988 amended section 101
by adding the definition of "country of origin" of a Berne Convention
work, for purposes of section 411. Pub. L. No. 100-568, 102 Stat. 2853,
2854. The WIPO Copyright and Performances and Phonograms Treaties
Implementation Act of 1998 amended that definition by changing it to a
definition for "United States work," for purposes of section 411. Pub.
L. No. 105-304, 112 Stat. 2860, 2861. In 1999, a technical amendment
moved the definition of "United States work" to place it in alphabetical
order, after the definition for "United States." Pub. L. No. 106-44, 113
Stat. 221, 222.

20 The WIPO Copyright and Performances and Phonograms Treaties
Implementation Act of 1998 amended section 101 by adding the definition
of "WIPO Copyright Treaty." Pub. L. No. 105-304, 112 Stat. 2860, 2861.
That definition is required to take effect upon entry into force of the
WIPO Copyright Treaty with respect to the United States. Pub. L. No.
105-304, 112 Stat. 2860, 2877.

21 The WIPO Copyright and Performances and Phonograms Treaties
Implementation Act of 1998 amended section 101 by adding the definition
of "WIPO Performances and Phonograms Treaty." Pub. L. No. 105-304, 112
Stat. 2860, 2862. That definition is required to take effect upon entry
into force of the WIPO Performances and Phonograms Treaty with respect
to the United States. Pub. L. No. 105-304, 112 Stat. 2860, 2877.

22 The Visual Artists Rights Act of 1990 amended section 101 by adding
the definition of "work of visual art." Pub. L. No. 101-650, 104 Stat.
5089, 5128.

23 The Satellite Home Viewer Improvement Act of 1999 amended the
definition of "a work made for hire" by inserting "as a sound recording"
after "audiovisual work." Pub. L. No. 106-113, 113 Stat. 1501, app. I at
1501A-544. The Work Made for Hire and Copyright Corrections Act of 2000
amended the definition of "work made for hire" by deleting "as a sound
recording" after "audiovisual work." Pub. L. No. 106-379, 114 Stat.
1444. The Act also added a second paragraph to part (2) of that
definition. *Id.* These changes are effective retroactively, as of
November 29, 1999.

24 The WIPO Copyright and Performances and Phonograms Treaties
Implementation Act of 1998 amended section 101 by adding the definitions
of "WTO Agreement" and "WTO member country," thereby transferring those
definitions to section 101 from section 104A. Pub. L. No. 105-304, 112
Stat. 2860, 2862. See also endnote 29, *infra.*

25 In 1980, the definition of "computer program" was added to section
101. Pub. L. No. 96-517, 94 Stat. 3015, 3028.

26 In 1990, the Architectural Works Copyright Protection Act amended
subsection 102(a) by adding at the end thereof paragraph (8). Pub. L.
No. 101-650, 104 Stat. 5089, 5133.

27 The Berne Convention Implementation Act of 1988 amended section
104(b) by redesignating paragraph (4) as paragraph (5), by inserting
after paragraph (3) a new paragraph (4) and by adding subsection (c) at
the end. Pub. L. No. 100-568, 102 Stat. 2853, 2855. The WIPO Copyright
and Performances and Phonograms Treaties Implementation Act of 1998
amended section 104 as follows: 1) by amending subsection (b) to
redesignate paragraphs (3) and (5) as (5) and (6), respectively, and by
adding a new paragraph (3); 2) by amending section 104(b), throughout;
and 3) by adding section 104(d). Pub. L. No. 105-304, 112 Stat. 2860,
2862.

28 The WIPO Copyright and Performances and Phonograms Treaties
Implementation Act of 1998 requires that subsection (d), regarding the
effect of phonograms treaties, take effect upon entry into force of the
WIPO Performances and Phonograms Treaty with respect to the United
States. Pub. L. No. 105-304, 112 Stat. 2860, 2877.

29 In 1993, the North American Free Trade Agreement Implementation Act
added section 104A. Pub. L. No. 103-182, 107 Stat. 2057, 2115. In 1994,
the Uruguay Round Agreements Act amended section 104A in its entirety
with an amendment in the nature of a substitute. Pub. L. No. 103-465,
108 Stat. 4809, 4976. On November 13, 1997, Section 104A was amended by
replacing subsection (d)(3)(A), by striking the last sentence of
subsection (e)(1)(B)(ii) and by rewriting paragraphs (2) and (3) of
subsection (h). Pub. L. No. 105-80, 111 Stat. 1529, 1530. The WIPO
Copyright and Performances and Phonograms Treaties Implementation Act of
1998 amended section 104A by rewriting paragraphs (1) and (3) of
subsection (h); by adding subparagraph (E) to subsection (h)(6); and by
amending subsection (h)(8)(B)(i). Pub. L. No. 105-304, 112 Stat. 2860,
2862. That act also deleted paragraph (9), thereby transferring the
definitions for "WTO Agreement" and "WTO member country" from section
104A to section 101. Pub. L. No. 105-304, 112 Stat. 2860, 2863. See also
endnote 24, *supra.*

30 The WIPO Copyright and Performances and Phonograms Treaties
Implementation Act of 1998 requires that subparagraph (C) of the
definition of "date of adherence or proclamation" take effect upon entry
into force of the WIPO Copyright Treaty with respect to the United
States. Pub. L. No. 105-304, 112 Stat. 2860, 2877.

31 The WIPO Copyright and Performances and Phonograms Treaties
Implementation Act of 1998 requires that subparagraph (D) of the
definition of "date of adherence or proclamation" take effect upon entry
into force of the WIPO Performances and Phonograms Treaty with respect
to the United States. Pub. L. No. 105-304, 112 Stat. 2860, 2877.

32 The WIPO Copyright and Performances and Phonograms Treaties
Implementation Act of 1998 requires that subparagraph (C) of the
definition of "eligible country" take effect upon entry into force of
the WIPO Copyright Treaty with respect to the United States. Pub. L. No.
105-304, 112 Stat. 2860, 2877.

33 The WIPO Copyright and Performances and Phonograms Treaties
Implementation Act of 1998 requires that subparagraph (D) of the
definition of "eligible country" take effect upon entry into force of
the WIPO Performance and Phonograms Treaty with respect to the United
States. Pub. L. No. 105-304, 112 Stat. 2860, 2877.

34 The WIPO Copyright and Performances and Phonograms Treaties
Implementation Act of 1998 requires that subparagraph (E) of the
definition of "restored work" take effect upon entry into force of the
WIPO Performances and Phonograms Treaty with respect to the United
States. Pub. L. No. 105-304, 112 Stat. 2860, 2877.

35 In 1968, the Standard Reference Data Act provided an exception to
Section 105, Pub. L. No. 90-396, 82 Stat. 339. Section 6 of that act
amended title 15 of the *United States Code* by authorizing the
Secretary of Commerce, at 15 U.S.C. 290e, to secure copyright and
renewal thereof on behalf of the United States as author or proprietor
"in all or any part of any standard reference data which he prepares or
makes available under this chapter," and to "authorize the reproduction
and publication thereof by others." See also section 105(f) of the
Transitional and Supplementary Provisions of the Copyright Act of 1976,
in Part I of the Appendix. Pub. L. No. 94-553, 90 Stat. 2541.

36 The Digital Performance Right in Sound Recordings Act of 1995
amended section 106 by adding paragraph (6). Pub. L. No. 104-39, 109
Stat. 336. In 1999, a technical amendment substituted "121" for "120."
Pub. L. No. 106-44, 113 Stat. 221, 222.

37 The Visual Artists Rights Act of 1990 added section 106A. Pub. L.
No. 101-650, 104 Stat. 5089, 5128. The Act states that, generally,
section 106A is to take effect six months after the date of its
enactment, that is, six months after December 1, 1990, and that the
rights created by section 106A shall apply to (1) works created before
such effective date but title to which has not, as of such effective
date, been transferred from the author and (2) works created on or after
such effective date, but shall not apply to any destruction, distortion,
mutilation or other modification (as described in section 106A(a)(3)) of
any work which occurred before such effective date. See also, endnote 3,
chapter 3.

38 The Visual Artists Rights Act of 1990 amended section 107 by adding
the reference to section 106A. Pub. L. No. 101-650, 104 Stat. 5089,
5132. In 1992, section 107 was also amended to add the last sentence.
Pub. L. No. 102-492, 106 Stat. 3145.

39 The Copyright Amendments Act of 1992 amended section 108 by
repealing subsection (i) in its entirety. Pub. L. No. 102-307, 106 Stat.
264, 272. In 1998, the Digital Millennium Copyright Act amended section
108 by making changes to subsections (a), (b) and (c); by redesignating
subsection (h) as (i); and by adding a new subsection (h). Pub. L. No.
105-304, 112 Stat. 2860, 2889.

40 The Record Rental Amendment of 1984 amended section 109 by
redesignating subsections (b) and (c) as subsections (c) and (d),
respectively, and by inserting a new subsection (b) after subsection
(a). Pub. L. No. 98-450, 98 Stat. 1727. Section 4(b) of the Act states
that the provisions of section 109(b), as added by section 2 of the Act,
"shall not affect the right of an owner of a particular phonorecord of a
sound recording, who acquired such ownership before [October 4, 1984],
to dispose of the possession of that particular phonorecord on or after
such date of enactment in any manner permitted by section 109 of title
17, United States Code, as in effect on the day before the date of the
enactment of this Act." Pub. L. No. 98-450, 98 Stat. 1727, 1728. Section
4(c) of the Act also states that the amendments "shall not apply to
rentals, leasings, lendings (or acts or practices in the nature of
rentals, leasings, or lendings) occurring after the date which is 13
years after [October 4, 1984]" In 1988, the Record Rental Amendment Act
of 1984 was amended to extend the time period in section 4(c) from 5
years to 13 years. Pub. L. No. 100-617, 102 Stat. 3194. In 1993, the
North American Free Trade Agreement Implementation Act repealed section
4(c) of the Record Rental Amendment of 1984. Pub. L. No. 103-182, 107
Stat. 2057, 2114. Also in 1988, technical amendments to section 109(d)
inserted "(c)" in lieu of "(b)" and substituted "copyright" in lieu of
"coyright" Pub. L. No. 100-617, 102 Stat. 3194.

The Computer Software Rental Amendments Act of 1990 amended section
109(b) as follows: 1) paragraphs (2) and (3) were redesignated as
paragraphs (3) and (4), respectively; 2) paragraph (1) was struck out
and new paragraphs (1) and (2) were inserted in lieu thereof; and 3)
paragraph (4), as redesignated, was amended in its entirety with a new
paragraph (4) inserted in lieu thereof. Pub. L. No. 101-650, 104 Stat.
5089, 5134. The Act states that section 109(b), as amended, "shall not
affect the right of a person in possession of a particular copy of a
computer program, who acquired such copy before the date of the
enactment of this Act, to dispose of the possession of that copy on or
after such date of enactment in any manner permitted by section 109 of
title 17, United States Code, as in effect on the day before such date
of enactment." The Act also states that the amendments made to section
109(b) "shall not apply to rentals, leasings, or lendings (or acts or
practices in the nature of rentals, leasings, or lendings) occurring on
or after October 1, 1997." However, this limitation, which is set forth
in the first sentence of section 804 (c) of the Computer Software Rental
Amendments Act of 1990, at 104 Stat. 5136, was subsequently deleted in
1994 by the Uruguay Round Agreements Act. Pub. L. No. 103-465, 108 Stat.
4809, 4974.

The Computer Software Rental Amendments Act of 1990 also amended section
109 by adding at the end thereof subsection (e). Pub. L. No. 101-650,
104 Stat. 5089, 5135. That Act states that the provisions contained in
the new subsection (e) shall take effect 1 year after the date of
enactment of such Act, that is, one year after December 1, 1990. The Act
also states that such amendments so made "shall not apply to public
performances or displays that occur on or after October 1, 1995."

In 1994, the Uruguay Round Agreements Act amended section 109(a) by
adding the second sentence, which begins with "Notwithstanding the
preceding sentence." Pub. L. No. 103-465, 108 Stat. 4809, 4981.

41 In 1988, the Extension of Record Rental Amendment amended section
110 by adding paragraph (10). Pub. L. No. 97-366, 96 Stat. 1759. In
1997, the Technical Corrections to the Satellite Home Viewer Act amended
section 110 by inserting a semicolon in lieu of the period at the end of
paragraph (8); by inserting "; and" in lieu of the period at the end of
paragraph (9); and by inserting "(4)" in lieu of "4 above" in paragraph
(10). Pub. L. No. 105-80, 111 Stat. 1529, 1534. The Fairness in Music
Licensing Act of 1998 amended section 110, in paragraph 5, by adding
subparagraph (B) and by making conforming amendments to subparagraph
(A); by adding the phrase "or of the audiovisual or other devices
utilized in such performance" to paragraph 7; and by adding the last
paragraph to section 110 that begins "The exemptions provided under
paragraph (5)." Pub. L. No. 105-298, 112 Stat. 2827, 2830. In 1999, a
technical amendment made corrections to conform paragraph designations
that were affected by amendments previously made by the Fairness in
Music Licensing Act of 1998. Pub. L. No. 106-44, 113 Stat. 221.

42 In 1986, section 111(d) was amended by striking out paragraph (1)
and by redesignating paragraphs (2), (3), (4) and (5) as paragraphs (1),
(2), (3) and (4), respectively. Pub. L. 99-397, 100 Stat. 848. Also, in
1986, section 111(f) was amended by substituting "subsection (d)(1)" for
"subsection (d)(2)" in the last sentence of the definition of "secondary
transmission" and by adding a new sentence after the first sentence in
the definition of "local service area of a primary transmitter." Pub. L.
No. 99-397, 100 Stat. 848.

The Satellite Home Viewer Act of 1988 amended subsection 111(a) by
striking "or" at the end of paragraph (3), by redesignating paragraph
(4) as paragraph (5) and by inserting a new paragraph (4). Pub. L. No.
100-667, 102 Stat. 3935, 3949. That Act also amended section (d)(1)(A)
by adding the second sentence which begins with "In determining the
total number."* Id.*

The Copyright Royalty Tribunal Reform Act of 1993 amended section 111(d)
by substituting "Librarian of Congress" for "Copyright Royalty Tribunal"
where appropriate, by inserting a new sentence in lieu of the second and
third sentences of paragraph (2) and, in paragraph (4), by amending
subparagraph (B) in its entirety with substitute language. Pub. L. No.
103-198, 107 Stat. 2304, 2311.

The Satellite Home Viewer Act of 1994 amended section 111(f) by
inserting "microwave" after "wires, cables," in the paragraph relating
to the definition of "cable system" and by inserting new matter after
"April 15, 1976," in the paragraph relating to the definition of "local
service area of a primary transmitter." Pub. L. No. 103-369, 108 Stat.
3477, 3480. That Act provides that the amendment "relating to the
definition of the local service area of a primary transmitter, shall
take effect on July 1, 1994." *Id.*

In 1995, the Digital Performance in Sound Recordings Act amended section
111(c)(1) by inserting "and section 114(d)" in the first sentence, after
"of this subsection." Pub. L. No. 104-39, 109 Stat. 336, 348.

The Satellite Home Viewer Improvement Act of 1999 amended section 111 by
substituting "statutory" for "compulsory" and "programming" for
"programing," wherever they appeared. Pub. L. No. 106-113, 113 Stat.
1501, app. I at 1501A-543. The Act also amended sections 111(a) and (b)
by inserting "performance or display of a work embodied in a primary
transmission" in lieu of "primary transmission embodying a performance
or display of a work." It amended paragraph (1) of section 111(c) by
inserting "a performance or display of a work embodied in" after "by a
cable system of" and by striking "and embodying a performance or display
of a work." It amended subparagraphs (3) and (4) of section 111(a) by
inserting "a performance or display of a work embodied in a primary
transmission" in lieu of "a primary transmission" and by striking "and
embodying a performance or display of a work." *Id.*

43 Royalty rates specified by the compulsory licensing provisions of
this section are subject to adjustment by copyright arbitration royalty
panels appointed and convened by the Librarian of Congress in accordance
with the provisions of Chapter 8 of title 17 of the *United States Code,
*as amended by the Copyright Royalty Tribunal Reform Act of 1993, Pub.
L. No. 103-198, 107 Stat. 2304, 2311.

44 In 1998, the Digital Millennium Copyright Act amended section 112 by
redesignating subsection (a) as subsection (a)(1); by redesignating
former sections (a)(1), (a)(2) and (a)(3) as subsections (a)(1)(A), (a)
(1)(B) and (a)(1)(C), respectively; by adding subsection (a)(2); and by
amending the language in new subsection (a)(1). Pub. L. No. 105-304, 112
Stat. 2860, 2888. The Digital Millennium Copyright Act also amended
section 112 by redesignating subsection (e) as subsection (f) and adding
a new subsection (e). Pub. L. No. 105-304, 112 Stat. 2860, 2899. In
1999, a technical amendment to section 112(e) redesignated paragraphs
(3) through (10) as (2) through (9) and corrected the paragraph
references throughout that section to conform to those redesignations.
Pub. L. No. 106-44, 113 Stat. 221.

45 The Visual Artists Rights Act of 1990 amended section 113 by adding
subsection (d) at the end thereof. Pub. L. No. 101-650, 104 Stat. 5089,
5130.

46 The Digital Performance Right in Sound Recordings Act of 1995
amended section 114 as follows: 1) in subsection (a), by striking "and
(3)" and inserting in lieu thereof "(3) and (6)"; 2) in subsection (b)
in the first sentence, by striking "phonorecords, or of copies of motion
pictures and other audiovisual works," and inserting "phonorecords or
copies"; and 3) by striking subsection (d) and inserting in lieu thereof
new subsections (d), (e), (f), (g), (h), (i), and (j). Pub. L. No.
104-39, 109 Stat. 336. In 1997, subsection 114(f) was amended by
inserting all the text that appears after "December 31, 2000" (which is
now December 31, 2001, in paragraph (1)(A)) and by striking "and publish
in the Federal Register." Pub. L. No. 105-80, 111 Stat. 1529, 1531.

In 1998, the Digital Millennium Copyright Act amended section 114(d) by
replacing paragraphs (1)(A) and (2) with amendments in the nature of
substitutes. Pub. L. No. 105-304, 112 Stat. 2860, 2890. That Act also
amended section 114(f) by revising the title; by redesignating paragraph
(1) as paragraph (1)(A); by adding paragraph (1)(B) in lieu of
paragraphs (2), (3), (4) and (5); and by amending the language in newly
designated paragraph (1)(A), including revising the effective date from
December 31, 2000, to December 31, 2001. Pub. L. No. 105-304, 112 Stat.
2860, 2894. The Digital Millennium Copyright Act also amended subsection
114(g) by substituting "transmission" in lieu of "subscription
transmission," wherever it appears and, in the first sentence in
paragraph (g)(1), by substituting "transmission licensed under a
statutory license" in lieu of "subscription transmission licensed." Pub.
L. No. 105-304, 112 Stat. 2860, 2897. That Act also amended subsection
114(j) by redesignating paragraphs (2), (3), (5), (6), (7) and (8) as
(3), (5), (9), (12), (13) and (14), respectively; by amending paragraphs
(4) and (9) in their entirety and resdesignating them as paragraphs (7)
and (15), respectively; and by adding new definitions, including,
paragraph (2) defining "archived program," paragraph (4) defining
"continuous program," paragraph (6) defining "eligible nonsubscription
transmission," paragraph (8) defining "new subscription service,"
paragraph (10) defining "preexisting satellite digital audio radio
service" and paragraph (11) defining "preexisting subscription service."
Pub. L. No. 105-304, 112 Stat. 2860, 2897.

47 The Digital Millennium Copyright Act states that "the publication of
notice of proceedings under section 114(f)(1) . . . as in effect upon
the effective date of [the Digital Performance Right in Sound Recordings
Act of 1995, Pub. L. No. 104-39, 109 Stat. 336], for the determination
of royalty payments shall be deemed to have been made for the period
beginning on the effective date of that Act and ending on December 1,
2001." Pub. L. No. 105-304, 112 Stat. 2860, 2899.

48 The Digital Millennium Copyright Act contains an additional
effective date provision for the amendment that changed the date in
subsection 114(f)(1)(A) to December 31, 2001. This provision is
paragraph 405(a)(5) of the Digital Millennium Copyright Act which is in
Appendix V of this publication.

49 The Record Rental Amendment of 1984 amended section 115 by
redesignating paragraphs (3) and (4) of subsection (c) as paragraphs (4)
and (5), respectively, and by adding a new paragraph (3). Pub. L. No.
98-450, 98 Stat. 1727.

In 1997, section 115 was amended by striking "and publish in the Federal
Register" in subparagraph 115(c)(3)(D). Pub. L. No. 105-80, 111 Stat.
1529, 1531. The same legislation also amended section 115(c)(3)(E) by
replacing the phrases "sections 106(1) and (3)" and "sections 106(1) and
106(3)" with "paragraphs (1) and (3) of section 106." Pub. L. No.
105-80, 111 Stat. 1529, 1534.

The Digital Performance Right in Sound Recordings Act of 1995 amended
section 115 as follows: 1) in the first sentence of subsection (a)(1),
by striking "any other person" and inserting in lieu thereof "any other
person, including those who make phonorecords or digital phonorecord
deliveries,"; 2) in the second sentence of the same subsection, by
inserting before the period "including by means of a digital phonorecord
delivery"; 3) in the second sentence of subsection (c)(2), by inserting
"and other than as provided in paragraph (3)," after "For this
purpose,"; 4) by redesignating paragraphs (3), (4) and (5) of subsection
(c) as paragraphs (4), (5) and (6), respectively, and by inserting after
paragraph (2) a new paragraph (3); and (5) by adding after subsection
(c) a new subsection (d). Pub. L. No. 104-39, 109 Stat. 336, 344.

50 Royalty rates specified by the compulsory licensing provisions of
this section are subject to adjustment by copyright arbitration royalty
panels appointed and convened by the Librarian of Congress in accordance
with the provisions of Chapter 8 of title 17 of the *United States
Code*, as amended by the Copyright Royalty Tribunal Reform Act of 1993.
Pub. L. No. 103-198, 107 Stat. 2304.

51 Pursuant to this subsection and section 803(a)(3) of title 17, the
current rates have been established by regulation and may be found at 37
C.F.R. 255.

52 The Berne Convention Implementation Act of 1988 added section 116A.
Pub. L. No. 100-568, 102 Stat. 2853, 2855. The Copyright Royalty
Tribunal Reform Act of 1993 redesignated section 116A as section 116;
repealed the preexisting section 116; in the redesignated section 116,
struck subsections (b), (e), (f) and (g), and redesignated subsections
(c) and (d) as subsections (b) and (c), respectively; and substituted,
where appropriate, "Librarian of Congress" or "copyright arbitration
royalty panel" for "Copyright Royalty Tribunal." Pub. L. No. 103-198,
107 Stat. 2304, 2309. In 1997, section 116 was amended by rewriting
subsection (b)(2) and by adding a new subsection (d). Pub. L. No.
105-80, 111 Stat. 1529, 1531.

53 In 1980, section 117 was amended in its entirety. Pub. L. No.
96-517, 94 Stat. 3015, 3028. In 1998, the Computer Maintenance
Competition Assurance Act amended section 117 by inserting headings for
subsections (a) and (b) and by adding subsections (c) and (d). Pub. L.
No. 105-304, 112 Stat. 2860, 2887.

54 The Copyright Royalty Tribunal Reform Act of 1993 amended section
118 by striking the first two sentences of subsection (b), by
substituting a new first sentence in paragraph (3) and by making general
conforming amendments throughout. Pub. L. 103-198, 107 Stat. 2304, 2309.
In 1999, a technical amendment deleted paragraph (2) from section
118(e). Pub. L. No. 106-44, 113 Stat. 221, 222.

55 The Satellite Home Viewer Act of 1988 added section 119. Pub. L. No.
100-667, 102 Stat. 3935, 3949. The Copyright Royalty Tribunal Reform Act
of 1993 amended subsections (b) and (c) of section 119 by substituting
"Librarian of Congress" in lieu of "Copyright Royalty Tribunal" wherever
it appeared and by making related conforming amendments. Pub. L. No.
103-198, 107 Stat. 2304, 2310. The Copyright Royalty Tribunal Reform Act
of 1993 also amended paragraph (c)(3) by deleting subparagraphs (B),
(C), (E) and (F) and by redesignating subparagraph (D) as (B), (G) as
(C) and (H) as (D). The redesignated subparagraph (C) was amended in its
entirety and paragraph (c)(4) was deleted. *Id.*

The Satellite Home Viewer Act of 1994 further amended section 119. Pub.
L. No. 103-369, 108 Stat. 3477. In 1997, technical corrections and
clarifications were made to the Satellite Home Viewer Act of 1994. Pub.
L. No. 105-80, 111 Stat. 1529. Those two acts amended section 119 as
follows: 1) by deleting or replacing obsolete effective dates; 2) in
subsection (a)(5), by adding subparagraph (D); 3) in subsection (a), by
adding paragraphs (8), (9) and (10); 4) in subsection (b)(1)(B), by
adjusting the royalty rate for retransmitted superstations; 5) in
subsection (c)(3), by replacing subparagraph (B) with an amendment in
the nature of a substitute; 6) in subsections (d)(2) and (d)(6), by
modifying the definition of "network station" and "satellite carrier";
and 7) in subsection (d), by adding paragraph 11 to define "local
market."

Pursuant to section 4 of the Satellite Home Viewer Act of 1994, the
changes made by that Act to section 119 of the *United States Code*
ceased to be effective on December 31, 1999. Pub. L. No. 103-369, 108
Stat. 3477, 3481. However, section 1003 of the Satellite Home Viewer
Improvement Act of 1999 extended that date to December 31, 2004. Pub. L.
No. 106-113, 113 Stat. 1501, app. I at 1501A-527.

The Digital Performance Right in Sound Recordings Act of 1995 amended
section 119 in the first sentence of subsections (a)(1) and (a)(2)(A),
respectively, by inserting the words "and section 114(d)" after "of this
subsection." Pub. L. No. 104-39, 109 Stat. 336, 348. In 1999, a
technical amendment substituted "network station's" for "network's
stations" in section 119(a)(8)(C)(ii). Pub. L. No. 106-44, 113 Stat.
221, 222.

The Satellite Home Viewer Improvement Act of 1999 amended section 119(a)
(1) as follows: 1) by inserting "AND PBS SATELLITE FEED" after
"SUPERSTATIONS" in the paragraph heading; 2) by inserting "performance
or display of a work embodied in a primary transmission made by a
superstation or by the Public Broadcasting Service satellite feed" in
lieu of "primary transmission made by a superstation and embodying a
performance or display of a work," (see endnote 55, *infra*) and 3) by
adding the last sentence, which begins "In the case of the Public
Broadcasting Service." Pub. L. No. 106-113, 113 Stat. 1501, app. I at
1501A-530 and 543. The Act states that these amendments shall be
effective as of July 1, 1999, except for a portion of the second item,
starting with "performance or display" through "superstation." Pub. L.
No. 106-113, 113 Stat. 1501, app. I at 1501A-544. The Act also amended
section 119(a) by inserting the phrase "with regard to secondary
transmissions the satellite carrier is in compliance with the rules,
regulations, or authorization of the Federal Communications Commission
governing the carriage of television broadcast stations signals" in
paragraphs (1) and (2) and by inserting into paragraph (2), "a
performance or display of a work embodied in a primary transmission made
by a network station" in lieu of "programming contained in a primary
transmission made by a network station and embodying a performance or
display of a work." *Id.* at 1501A-531 and 544. The Act amended section
119(a)(2) by substituting new language for paragraph (B) and, in
paragraph (C), by deleting "currently" after "the satellite carrier"
near the end of the first sentence. *Id.* at 1501A-528 and 544. It also
amended section 119(a)(4) by inserting "a performance or display of a
work embodied in" after "by a satellite carrier of" and by deleting "and
embodying a performance or display of a work." *Id.* at 1501A-544. The
Satellite Home Viewer Improvement Act of 1999 further amended section
119(a) by adding subparagraph (E) to paragraph (5). *Id.* at 1501A-528.
It amended section 119(a)(6) by inserting "performance or display of a
work embodied in" after "by a satellite carrier of" and by deleting "and
embodying a performance or display of a work."* Id.* The Act also
amended section 119(a) by adding paragraphs (11) and (12). *Id.* at
1501A-529 and 531.

The Satellite Home Viewer Improvement Act of 1999 amended section 119(b)
(1) by inserting "or the Public Broadcasting Service satellite feed"
into subparagraph (B). (See endnote 60, *infra.*) *Id.* at 1501A-530.
The Act amended section 119(c) by adding a new paragraph (4). *Id.* at
1501A-527. The Act amended section 119(d) by substituting new language
for paragraphs (9) through (11) and by adding paragraph (12).* Id.* at
1501A-527, 530 and 531. The Act substituted new language for section
119(e). *Id.* at 1501A-529.

56 The Satellite Home Viewer Improvement Act of 1999 amended section
119(a)(1) by deleting "primary transmission made by a superstation and
embodying a performance or display of a work" and inserting in its place
"performance or display of a work embodied in a primary transmission
made by a superstation." Pub. L. No. 106-113, 113 Stat. 1501, app. I at
1501A-543. This amendatory language did not take into account a prior
amendment which had inserted "or by the Public Broadcasting Service
satellite feed" after "superstation" into the phrase quoted above that
was deleted. Pub. L. No. 106-113, 113 Stat. 1501, app. I at 1501A-530.
There was no mention of the phrase "or by the Public Broadcasting
Service satellite feed" in that second amendment. To accommodate both
amendments, the phrase "or by the Public Broadcasting Service satellite
feed" has been placed at the end of the new language, after
"superstation."

57 The Satellite Home Viewer Act of 1994 states that "The provisions of
section 119(a)(5)(D) . . . relating to the burden of proof of satellite
carriers, shall take effect on January 1, 1997, with respect to civil
actions relating to the eligibility of subscribers who subscribed to
service as an unserved household before the date of the enactment of
this Act." Pub. L. No. 103-369, 108 Stat. 3477, 3481.

58 It appears that section 1011(b)(2)(D)(i) of the Satellite Home
Viewer Improvement Act of 1999 inadvertently omitted the word "a" when
it amended this paragraph. Pub. L. No. 106-113, 113 Stat. 1501, app. I
at 1501A-528.

59 The Satellite Home Viewer Act of 1994 states that "The provisions of
section 119(a)(8)[,] . . . relating to transitional signal intensity
measurements, shall cease to be effective on December 31, 1996." Pub. L.
No. 103-369, 108 Stat. 3477, 3481.

60 It appears that Congress intended for the Satellite Home Viewer
Improvement Act of 1999 to amend section 119(a) of title 17, as amended
by section 1005(d) of the Satellite Home Viewer Improvement Act of 1999,
by adding a new paragraph (12) at the end thereof. Pub. L. No. 106-113,
113 Stat. 1501, app. I at 1501A-531. However, due to a drafting error,
the reference in the amendment is to section 119(a) as amended by
section 1005(e), instead.

61 It appears that Congress intended for the Satellite Home Viewer
Improvement Act of 1999 to amend section 119(b)(1)(B)(ii) to insert "or
the Public Broadcasting Service satellite feed" after "network station."
Pub. L. No. 106-113, 113 Stat. 1501, app. I at 1501A-530. However, due
to a drafting error, the reference in the amendment is to section 119(b)
(1)(B)(iii), instead. The Act states that this amendment shall be
effective as of July 1, 1999. Pub. L. No. 106-113, 113 Stat. 1501, app.
I at 1501A-544.

62 The Satellite Home Viewer Improvement Act of 1999 states that
section 119(c)(4) shall be effective as of July 1, 1999. Pub. L. No.
106-113, 113 Stat. 1501, app. I at 1501A-527.

63 The Satellite Home Viewer Improvement Act of 1999 states that
section 119(c)(5) shall be effective as of July 1, 1999. Pub. L. No.
106-113, 113 Stat. 1501, app. I at 1501A-544.

64 The Satellite Home Viewer Improvement Act of 1999 states that
section 119(d)(9) shall be effective as of July 1, 1999. Pub. L. No.
106-113, 113 Stat. 1501, app. I at 1501A-544.

65 The Satellite Home Viewer Improvement Act of 1999 states that
section 119(d)(12) shall be effective as of July 1, 1999. Pub. L. No.
106-113, 113 Stat. 1501, app. I at 1501A-544.

66 In 1990, the Architectural Works Copyright Protection Act added
section 120. Pub. L. No. 101-650, 104 Stat. 5089, 5133.

67 The Legislative Branch Appropriations Act, 1997, added section 121.
Pub. L. No. 104-197, 110 Stat. 2394, 2416. The Work Made for Hire and
Copyright Corrections Act of 2000 amended section 121 by substituting
"section 106" for "sections 106 and 710." Pub. L. No. 106-379, 114 Stat.
1444, 1445.

68 The Satellite Home Viewer Improvement Act of 1999 added section 122.
Pub. L. No. 106-113, 113 Stat. 1501, app. I at 1501A-523. The Act states
that section 122 shall be effective as of November 29, 1999. Pub. L. No.
106-113, 113 Stat. 1501, app. I at 1501A-544.

------------------------------------------------------------------------

Chapter 2

Copyright Ownership and Transfer

+ 201. Ownership of copyright
+ 202. Ownership of copyright as distinct from ownership of material
object
+ 203. Termination of transfers and licenses granted by the author
+ 204. Execution of transfers of copyright ownership
+ 205. Recordation of transfers and other documents

Section 201. Ownership of copyright {1}

(a) Initial Ownership. Copyright in a work protected under this title
vests initially in the author or authors of the work. The authors of a
joint work are coowner of copyright in the work.

(b) Works Made for Hire. In the case of a work made for hire, the
employer or other person for whom the work was prepared is considered
the author for purposes of this title, and, unless the parties have
expressly agreed otherwise in a written instrument signed by them, owns
all of the rights comprised in the copyright.

(c) Contributions to Collective Works. Copyright in each separate
contribution to a collective work is distinct from copyright in the
collective work as a whole, and vests initially in the author of the
contribution. In the absence of an express transfer of the copyright or
of any rights under it, the owner of copyright in the collective work is
presumed to have acquired only the privilege of reproducing and
distributing the contribution as part of that particular collective
work, any revision of that collective work, and any later collective
work in the same series.

(d) Transfer of Ownership.-

(1) The ownership of a copyright may be transferred in whole or in part
by any means of conveyance or by operation of law, and may be bequeathed
by will or pass as personal property by the applicable laws of intestate
succession.

(2) Any of the exclusive rights comprised in a copyright, including any
subdivision of any of the rights specified by section 106, may be
transferred as provided by clause (1) and owned separately. The owner of
any particular exclusive right is entitled, to the extent of that right,
to all of the protection and remedies accorded to the copyright owner by
this title.

(e) Involuntary Transfer. When an individual author's ownership of a
copyright, or of any of the exclusive rights under a copyright, has not
previously been transferred voluntarily by that individual author, no
action by any governmental body or other official or organization
purporting to seize, expropriate, transfer, or exercise rights of
ownership with respect to the copyright, or any of the exclusive rights
under a copyright, shall be given effect under this title, except as
provided under title 11. [2]

Section 202. Ownership of copyright as distinct from ownership of material
object.

Ownership of a copyright, or of any of the exclusive rights under a
copyright, is distinct from ownership of any material object in which
the work is embodied. Transfer of ownership of any material object,
including the copy or phonorecord in which the work is first fixed, does
not of itself convey any rights in the copyrighted work embodied in the
object; nor, in the absence of an agreement, does transfer of ownership
of a copyright or of any exclusive rights under a copyright convey
property rights in any material object.

Section 203. Termination of transfers and licenses granted by the
author [3]

(a) Conditions for Termination. In the case of any work other than a
work made for hire, the exclusive or nonexclusive grant of a transfer or
license of copyright or of any right under a copyright, executed by the
author on or after January 1, 1978, otherwise than by will, is subject
to termination under the following conditions:

(1) In the case of a grant executed by one author, termination of the
grant may be effected by that author or, if the author is dead, by the
person or persons who, under clause (2) of this subsection, own and are
entitled to exercise a total of more than one-half of that author's
termination interest. In the case of a grant executed by two or more
authors of a joint work, termination of the grant may be effected by a
majority of the authors who executed it; if any of such authors is dead,
the termination interest of any such author may be exercised as a unit
by the person or persons who, under clause (2) of this subsection, own
and are entitled to exercise a total of more than one-half of that
author's interest.

(2) Where an author is dead, his or her termination interest is owned,
and may be exercised, as follows:

(A) the widow or widower owns the author's entire termination interest
unless there are any surviving children or grandchildren of the author,
in which case the widow or widower owns one-half of the author's
interest;

(B) the author's surviving children, and the surviving children of any
dead child of the author, own the author's entire termination interest
unless there is a widow or widower, in which case the ownership of one-
half of the author's interest is divided among them;

(C) the rights of the author's children and grandchildren are in all
cases divided among them and exercised on a per stirpes basis according
to the number of such author's children represented; the share of the
children of a dead child in a termination interest can be exercised only
by the action of a majority of them.

(D) In the event that the author's widow or widower, children, and
grandchildren are not living, the author's executor, administrator,
personal representative, or trustee shall own the author's entire
termination interest.

(3) Termination of the grant may be effected at any time during a period
of five years beginning at the end of thirty-five years from the date of
execution of the grant; or, if the grant covers the right of publication
of the work, the period begins at the end of thirty-five years from the
date of publication of the work under the grant or at the end of forty
years from the date of execution of the grant, whichever term ends
earlier.

(4) The termination shall be effected by serving an advance notice in
writing, signed by the number and proportion of owners of termination
interests required under clauses (1) and (2) of this subsection, or by
their duly authorized agents, upon the grantee or the grantee's
successor in title.

(A) The notice shall state the effective date of the termination, which
shall fall within the five-year period specified by clause (3) of this
subsection, and the notice shall be served not less than two or more
than ten years before that date. A copy of the notice shall be recorded
in the Copyright Office before the effective date of termination, as a
condition to its taking effect.

(B) The notice shall comply, in form, content, and manner of service,
with requirements that the Register of Copyrights shall prescribe by
regulation.

(5) Termination of the grant may be effected notwithstanding any
agreement to the contrary, including an agreement to make a will or to
make any future grant.

(b) Effect of Termination. Upon the effective date of termination, all
rights under this title that were covered by the terminated grants
revert to the author, authors, and other persons owning termination
interests under clauses (1) and (2) of subsection (a), including those
owners who did not join in signing the notice of termination under
clause (4) of subsection (a), but with the following limitations:

(1) A derivative work prepared under authority of the grant before its
termination may continue to be utilized under the terms of the grant
after its termination, but this privilege does not extend to the
preparation after the termination of other derivative works based upon
the copyrighted work covered by the terminated grant.

(2) The future rights that will revert upon termination of the grant
become vested on the date the notice of termination has been served as
provided by clause (4) of subsection (a). The rights vest in the author,
authors, and other persons named in, and in the proportionate shares
provided by, clauses (1) and (2) of subsection (a).

(3) Subject to the provisions of clause (4) of this subsection, a
further grant, or agreement to make a further grant, of any right
covered by a terminated grant is valid only if it is signed by the same
number and proportion of the owners, in whom the right has vested under
clause (2) of this subsection, as are required to terminate the grant
under clauses (1) and (2) of subsection (a). Such further grant or
agreement is effective with respect to all of the persons in whom the
right it covers has vested under clause (2) of this subsection,
including those who did not join in signing it. If any person dies after
rights under a terminated grant have vested in him or her, that person's
legal representatives, legatees, or heirs at law represent him or her
for purposes of this clause.

(4) A further grant, or agreement to make a further grant, of any right
covered by a terminated grant is valid only if it is made after the
effective date of the termination. As an exception, however, an
agreement for such a further grant may be made between the persons
provided by clause (3) of this subsection and the original grantee or
such grantee's successor in title, after the notice of termination has
been served as provided by clause (4) of subsection (a).

(5) Termination of a grant under this section affects only those rights
covered by the grants that arise under this title, and in no way affects
rights arising under any other Federal, State, or foreign laws.

(6) Unless and until termination is effected under this section, the
grant, if it does not provide otherwise, continues in effect for the
term of copyright provided by this title.

Section 204. Execution of transfers of copyright ownership-

(a) A transfer of copyright ownership, other than by operation of law,
is not valid unless an instrument of conveyance, or a note or memorandum
of the transfer, is in writing and signed by the owner of the rights
conveyed or such owner's duly authorized agent.

(b) A certificate of acknowledgment is not required for the validity of
a transfer, but is prima facie evidence of the execution of the transfer
if-

(1) in the case of a transfer executed in the United States, the
certificate is issued by a person authorized to administer oaths within
the United States; or

(2) in the case of a transfer executed in a foreign country, the
certificate is issued by a diplomatic or consular officer of the United
States, or by a person authorized to administer oaths whose authority is
proved by a certificate of such an officer.

Section 205. Recordation of transfers and other documents [4]

(a) Conditions for Recordation. Any transfer of copyright ownership or
other document pertaining to a copyright may be recorded in the
Copyright Office if the document filed for recordation bears the actual
signature of the person who executed it, or if it is accompanied by a
sworn or official certification that it is a true copy of the original,
signed document.

(b) Certificate of Recordation. The Register of Copyrights shall, upon
receipt of a document as provided by subsection (a) and of the fee
provided by section 708, record the document and return it with a
certificate of recordation.

(c) Recordation as Constructive Notice. Recordation of a document in the
Copyright Office gives all persons constructive notice of the facts
stated in the recorded document, but only if-

(1) the document, or material attached to it, specifically identifies
the work to which it pertains so that, after the document is indexed by
the Register of Copyrights, it would be revealed by a reasonable search
under the title or registration number of the work; and

(2) registration has been made for the work.

(d) Priority Between Conflicting Transfers. As between two conflicting
transfers, the one executed first prevails if it is recorded, in the
manner required to give constructive notice under subsection (c), within
one month after its execution in the United States or within two months
after its execution outside the United States, or at any time before
recordation in such manner of the later transfer. Otherwise the later
transfer prevails if recorded first in such manner, and if taken in good
faith, for valuable consideration or on the basis of a binding promise
to pay royalties, and without notice of the earlier transfer.

(e) Priority Between Conflicting Transfer of Ownership and Nonexclusive
License. A nonexclusive license, whether recorded or not, prevails over
a conflicting transfer of copyright ownership if the license is
evidenced by a written instrument signed by the owner of the rights
licensed or such owner's duly authorized agent, and if

(1) the license was taken before execution of the transfer; or

(2) the license was taken in good faith before recordation of the
transfer and without notice of it.

------------------
Chapter 2 Endnotes

1 In 1978, section 201(e) was amended by deleting the period at the end
and adding ", except as provided under title 11."

2 Title 11 of the *United States Code* is entitled "Bankruptcy."

3 In 1998, the Sonny Bono Copyright Term Extension Act amended section
203 by deleting "by his widow or her widower and his or her
grandchildren" from the first sentence in paragraph (2) of subsection
(a) and by adding subparagraph (D) to paragraph (2). Pub. L. No.
105-298, 112 Stat. 2827, 2829.

4 The Berne Convention Implementation Act of 1988 amended section 205
by deleting subsection (d) and redesignating subsections (e) and (f) as
subsections (d) and (e), respectively. Pub. L. No. 100-568, 102 Stat.
2853, 2857.

------------------------------------------------------------------------

Chapter 3 [1]

Duration of Copyright

+ 301. Preemption with respect to other laws
+ 302. Duration of copyright: Works created on or after January 1,
1978
+ 303. Duration of copyright: Works created but not published or
copyrighted before January 1, 1978
+ 304. Duration of copyright: Subsisting copyrights
+ 305. Duration of copyright: Terminal date

Section 301. Preemption with respect to other laws [2]

(a) On and after January 1, 1978, all legal or equitable rights that are
equivalent to any of the exclusive rights within the general scope of
copyright as specified by section 106 in works of authorship that are
fixed in a tangible medium of expression and come within the subject
matter of copyright as specified by sections 102 and 103, whether
created before or after that date and whether published or unpublished,
are governed exclusively by this title. Thereafter, no person is
entitled to any such right or equivalent right in any such work under
the common law or statutes of any State.

(b) Nothing in this title annuls or limits any rights or remedies under
the common law or statutes of any State with respect to-

(1) subject matter that does not come within the subject matter of
copyright as specified by sections 102 and 103, including works of
authorship not fixed in any tangible medium of expression; or

(2) any cause of action arising from undertakings commenced before
January 1, 1978;

(3) activities violating legal or equitable rights that are not
equivalent to any of the exclusive rights within the general scope of
copyright as specified by section 106; or

(4) State and local landmarks, historic preservation, zoning, or
building codes, relating to architectural works protected under section
102(a)(8).

(c) With respect to sound recordings fixed before February 15, 1972, any
rights or remedies under the common law or statutes of any State shall
not be annulled or limited by this title until February 15, 2067. The
preemptive provisions of subsection (a) shall apply to any such rights
and remedies pertaining to any cause of action arising from undertakings
commenced on and after February 15, 2067. Notwithstanding the provisions
of section 303, no sound recording fixed before February 15, 1972, shall
be subject to copyright under this title before, on, or after February
15, 2067.

(d) Nothing in this title annuls or limits any rights or remedies under
any other Federal statute.

(e) The scope of Federal preemption under this section is not affected
by the adherence of the United States to the Berne Convention or the
satisfaction of obligations of the United States thereunder.

(f)(1) On or after the effective date set forth in section 610(a) of the
Visual Artists Rights Act of 1990, all legal or equitable rights that
are equivalent to any of the rights conferred by section 106A with
respect to works of visual art to which the rights conferred by section
106A apply are governed exclusively by section 106A and section 113(d)
and the provisions of this title relating to such sections. Thereafter,
no person is entitled to any such right or equivalent right in any work
of visual art under the common law or statutes of any State. [3]

(2) Nothing in paragraph (1) annuls or limits any rights or remedies
under the common law or statutes of any State with respect to-

(A) any cause of action from undertakings commenced before the effective
date set forth in section 610(a) of the Visual Artists Rights Act of
1990;

(B) activities violating legal or equitable rights that are not
equivalent to any of the rights conferred by section 106A with respect
to works of visual art; or

(C) activities violating legal or equitable rights which extend beyond
the life of the author.

Section 302. Duration of copyright: Works created on or after January 1,
1978 [4]

(a) In General. Copyright in a work created on or after January 1, 1978,
subsists from its creation and, except as provided by the following
subsections, endures for a term consisting of the life of the author and
70 years after the author's death.

(b) Joint Works. In the case of a joint work prepared by two or more
authors who did not work for hire, the copyright endures for a term
consisting of the life of the last surviving author and 70 years after
such last surviving author's death.

(c) Anonymous Works, Pseudonymous Works, and Works Made for Hire. In the
case of an anonymous work, a pseudonymous work, or a work made for hire,
the copyright endures for a term of 95 years from the year of its first
publication, or a term of 120 years from the year of its creation,
whichever expires first. If, before the end of such term, the identity
of one or more of the authors of an anonymous or pseudonymous work is
revealed in the records of a registration made for that work under
subsections (a) or (d) of section 408, or in the records provided by
this subsection, the copyright in the work endures for the term
specified by subsection (a) or (b), based on the life of the author or
authors whose identity has been revealed. Any person having an interest
in the copyright in an anonymous or pseudonymous work may at any time
record, in records to be maintained by the Copyright Office for that
purpose, a statement identifying one or more authors of the work; the
statement shall also identify the person filing it, the nature of that
person's interest, the source of the information recorded, and the
particular work affected, and shall comply in form and content with
requirements that the Register of Copyrights shall prescribe by
regulation.

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