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The United States Copyright Act of 1976

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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 acknowledgement is not required for the validity of a
transfer, but is prima facie evidence of the execution of the transfer if-

(1) in the case of a transfer executed in the United States, the
certificate is issued by a person authorized to 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.

(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) Recordation as Prerequisite to Infringement Suit. -- No person
claiming by virtue of a transfer to be the owner of copyright or of any
exclusive right under a copyright is entitled to institute an infringement
action under this title until the instrument of transfer under which such
person claims has been recorded in the Copyright Office, but suit may
be instituted after such recordation on a cause of action that arose before
recordation.

(e) 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 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.

(f) 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 3 - DURATION OF COPYRIGHT. Analysis.

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

Section 301. Preemption with respect to other laws.

(a) On and after January 1, 1978, all legal or equitable rights 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 or 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; or

(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.

(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, 2047.
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, 2047.
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, 2047.

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

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

(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
fifty 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 fifty 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 seventy-five
years for the year of its first publication, or a term of one hundred 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.

(d) Records Relating to Death of Authors. -- Any person having an
interest in a copyright may at any time record in the Copyright Office
a statement of the date of death of the author of the copyrighted work,
or a statement that the author is still living on a particular date. The
statement shall identify the person filing it, the nature of that person's
interest, and the source of the information recorded, and shall comply
in form and content with requirements that the Register of Copyrights
shall prescribe by regulation. The Register shall maintain current
records of information relating to the death of authors of copyrighted
works, based on such recorded statements and, to the extent the Register
considers practicable, on data contained in any of the records of the
Copyright Office or in other reference sources.

(e) Presumption as to Author's Death. -- After a period of seventy-
five years from the year of first publication of a work, or a period of one
hundred years from the year of its creation, whichever expires first,
any person who obtains from the Copyright Office a certified report
that the records provided by subsection (d) disclose nothing to indicate
that the author of the work is living, or died less than fifty years
before, is entitled to the benefit of a presumption that the author has
been dead for at least fifty years. Reliance in food faith upon this
presumption shall be a complete defense to any action for infringement
under this title.

Section 303. Duration of copyright: Works created but not published or
copyrighted before January 1, 1978.

Copyright in a work created before January 1, 1978, but not
theretofore in the public domain or copyrighted, subsists from January
1, 1978, and endures for the term provided by section 302. In no case,
however, shall the term of copyright in such a work expire before
December 31, 2002; and, if the work is published on or before December
31, 2002, the term of copyright shall not expire before December 31, 2027.

Section 304. Duration of copyright: Subsisting copyrights.

(a) Copyrights in Their First Term on January 1, 1978. -- Any
copyright, the first term of which is subsisting on January 1, 1978, shall
endure for twenty-eight years from the date it was originally secured:
Provided, That in the case of any posthumous work or of any periodical,
cyclopedic, or other composite work upon which the copyright was
originally secured by the proprietor thereof, or of any work
copyrighted by a corporate body (otherwise than as assignee or licensee
of the individual author) or by an employer for whom such work is
made for hire, the proprietor of such copyright shall be entitled to a
renewal and extension of the copyright in such work for the further
term of forty-seven years when application for such renewal and
extension shall have been made to the Copyright Office and duly
registered therein within one year prior to the expiration of the
original term of copyright: And provided further, That in the case of
any other copyrighted work, including a contribution by an individual
author to a periodical or to a cyclopedic or other composite work, the
author of such work, if still living, or the widow, widower, or children
of the author, if the author be not living, or if such author, widow,
widower, or children be not living, then the author's executors, or in the
absence of a will, his or her next of kin shall be entitled to a renewal
and extension of the copyright in such work for a further term of forty-
seven years when application for such renewal and extension shall
have been made to the Copyright Office and duly registered therein
within one year prior to the expiration of the original term of
copyright: And provided further, That in default of the registration of
such application for renewal and extension, the copyright in any work
shall terminate at the expiration of twenty-eight years from the date
copyright was originally secured.

(b) Copyrights in Their Renewal Term or Registered for Renewal
Before January 1, 1978. -- The duration of any copyright, the renewal
term of which is subsisting at any time between December 31, 1976, and
December 31, 1977, inclusive, or for which renewal registration is made
between December 31, 1976, and December 31, 1977, inclusive, is
extended to endure for a term of seventy-five years from the date
copyright was originally secured.

(c) Termination of Transfers and Licenses Covering Extended Renewal
Term. -- In the case of any copyright subsisting in either its first or
renewal term on January 1, 1978, other than a copyright in a work made
for hire, the exclusive or nonexclusive grant of a transfer or license of
the renewal copyright or any right under it, executed before January 1,
1978, by any of the persons designated by the second proviso of
subsection (a) of this section, otherwise than by will, is subject to
termination under the following conditions:

(1) In the case of a grant executed by a person or persons other than
the author, termination of the grant may be effected by the
surviving person or persons who executed it. In the case of a grant
executed by one or more of the authors of the work, termination of
the grant may be effected, to the extent of a particular author's
share in the ownership of the renewal copyright, by the author who
executed it, or, if such author is dead, the person or persons who,
under clause (2) of this subsection, own and are entitled to exercise a
total of more than one-half of that author's termination interest.

(2) Where an author is dead, his or her termination interest is
owned, and may be exercised, by his widow or her widower and his
or her children or grandchildren 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.

(3) Termination of the grant may be effected at any time during a
period of five years beginning at the end of fifty-six years from the
date copyright was originally secured, or beginning on January 1,
1978, whichever is later.

(4) The termination shall be effected by serving an advance notice
in writing upon the grantee or the grantee's successor in title. In the
case of a grant executed by a person or persons other than the author,
the notice shall be signed by all of those entitled to terminate the
grant under clause (1) of this subsection, or by their duly authorized
agents. In the case of a grant executed by one or more of the authors
of the work, the notice as to any one author's share shall be signed
by that author or his or her duly authorized agent or, if that author
is dead, by the number and proportion of the owners of his or her
termination interest required under clauses (1) and (2) of this
subsection, or by their duly authorized agents.

(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.

(6) In the case of a grant executed by a person or persons other than
the author, all rights under this title that were covered by the
terminated grant revert, upon the effective date of termination, to
all of those entitled to terminate the grant under clause (1) of this
subsection. In the case of a grant executed by one or more of the
authors of the work, all of a particular author's rights under this
title that were covered by the terminated grant revert, upon the
effective date of termination, to that author or, if that author is
dead, to the persons owning his or her termination interest under
clause (2) of this subsection, including those owners who did not join
in signing the notice of termination under clause (4) of this
subsection. In all cases the reversion of rights is subject to the
following limitations:

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

(B) The future rights that will revert upon termination of the
grant become vested on the date the notice of termination has
been served as provided by clause (4) of this subsection.

(C) Where the author's rights revert to two or more persons
under clause (2) of this subsection, they shall vest in those
persons in the proportionate shares provided by that clause. In
such a case, and subject to the provisions of subclause (D) of this
clause, a further grant, or agreement to make a further grant, of a
particular author's share with respect to any right covered by a
terminated grant is valid only if it is signed by the same number
and proportion of the owners, in whom the right has vested
under this clause, as are required to terminate the grant under
clause (2) of this subsection. Such further grant or agreement is
effective with respect to all of the persons in whom the right it
covers has vested under this subclause, including those who did
not join in signing it. If any person dies after rights under a
terminated grant have vested in him or her, that person's legal
representatives, legatees, or heirs at law represent him or her
for purposes of this subclause.

(D) A further grant, or agreement to make a further grant, of
any right covered by a terminated grant is valid only if it is made
after the effective date of the termination. As an exception,
however, an agreement for such a further grant may be made
between the author or any of the persons provided by the first
sentence of clause (6) of this subsection, or between the persons
provided by subclause (C) of this clause, and the original grantee
or such grantee's successor in title, after the notice of termination
has been served as provided by clause (4) of this subsection.

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

(F) Unless and until termination is effected under this
subsection, the grant, if it does not provide otherwise, continues
in effect for the remainder of the extended renewal term.

Section 305. Duration of copyright: Terminal date.

All terms of copyright provided by sections 302 through 304 run to the
end of the calendar year in which they would otherwise expire.

CHAPTER 4--COPYRIGHT NOTICE, DEPOSIT, AND REGISTRATION. Analysis.

Sec.
401. Notice of copyright: Visually perceptible copies.
402. Notice of copyright: Phonorecords of sound recordings.
403. Notice of copyright: Publications incorporating United States
Government works.
404. Notice of copyright: Contributions to collective works.
405. Notice of copyright: Omission of notice.
406. Notice of copyright: Error in name or date.
407. Deposit of copies or phonorecords for Library of Congress.
408. Copyright registration in general.
409. Application for copyright registration.
410. Registration of claim and issuance of certificate.
411. Registration as prerequisite to infringement suit.
412. Registration as prerequisite to certain remedies for infringement.

Section 401. Notice of copyright: Visually perceptible copies.

(a) General Requirement. -- Whenever a work protected under this
title is published in the United States or elsewhere by authority of the
copyright owner, a notice of copyright as provided by this section shall
be placed on all publicly distributed copies from which the work can be
visually perceived, either directly or with the aid of a machine or device.

(b) Form of Notice. -- The notice appearing on the copies shall consist
of the following three elements:

(1) the symbol of a small letter "c" inside of a circle, or the word
"Copyright," or the abbreviation "Copr."; and

(2) the year of first publication of the work; in the case of
compilations or derivative work is sufficient. The year date may be
omitted where a pictorial, graphic, or sculptural work, with
accompanying text matter, if any, is reproduced in or on greeting cards
postcards, stationery, jewelry, dolls, toys, or any useful articles; and

(3) the name of the owner of copyright in the work, or an
abbreviation by which the name can be recognized, or a generally
known alternative designation of the owner.

(c) Position of Notice. -- The notice shall be affixed to the copies in such
manner and location as to give reasonable notice of the claim of copyright.

The Register of Copyrights shall prescribe by regulation, as examples,
specific methods of affixation and positions of the notice on various
types of works that will satisfy this requirement, but these
specifications shall not be considered exhaustive.

Section 402. Notice of copyright: Phonorecords of sound recordings.

(a) General Requirement. -- Whenever a sound recording protected
under this title is published in the United States or elsewhere by
authority of the copyright owner, a notice of copyright as provided by
this section shall be placed on all publicly distributed phonorecords of
the sound recording.

(b) Form of Notice.- The notice appearing on the phonorecords shall
consist of the following three elements:

(1) the symbol of a small letter "p" inside of a circle; and

(2) the year of first publication of the sound recording; and

(3) the name of the owner of copyright in the sound recording, or an
abbreviation by which the name can be recognized, or a generally
known alternative designation of the owner; if the producer of the
sound recording is named on the phonorecord labels or containers, and
if no other name appears in conjunction with the notice, the producer's
name shall be considered a part of the notice.

(c) Position of Notice. -- The notice shall be placed on the surface of
the phonorecord, or on the phonorecord label or container, in such
manner and location as to give reasonable notice of the claim of
copyright.

Section 403. Notice of copyright: Publications incorporating United
States Government works.

Whenever a work is published in copies or phonorecords consisting
preponderantly of one or more works of the United States Government,
the notice of copyright provided by sections 401 or 402 shall also
include a statement identifying, either affirmatively or negatively,
those portions of the copies or phonorecords embodying any work or
works protected under this title.

Section 404. Notice of copyright: Contributions to collective works.

(a) A separate contribution to a collective work may bear its own
notice of copyright, as provided by sections 401 through 403. However,
a single notice applicable to the collective work as a whole is sufficient
to satisfy the requirements of sections 401 through 403 with respect to
the separate contributions it contains (not including advertisements
inserted on behalf of persons other than the owner of copyright in the
collective work), regardless of the ownership of copyright in the
contributions and whether or not they have been previously published.

(b) Where the person named in a single notice applicable to a
collective work as a whole is not the owner of copyright in a separate
contribution that does not bear its own notice, the case is governed by
the provisions of section 406(a).

Section 405. Notice of copyright: Omission of notice.

(a) Effect of Omission on Copyright. -- The omission of the copyright
notice prescribed by sections 401 through 403 from copies or
phonorecords publicly distributed by authority of the copyright owner
does not invalidate the copyright in a work if-

(1) the notice has been omitted from no more than a relatively
small number of copies or phonorecords distributed to the public; to

(2) registration for the work has been made before or is made
within five years after the publication without notice, and a
reasonable effort is made to add notice to all copies or phonorecords
that are distributed to the public in the United States after the
omission has been discovered; or

(3) the notice has been omitted in violation of an express
requirement in writing that, as a condition of the copyright owner's
authorization of the public distribution of copies or phonorecords,
they bear the prescribed notice.

(b) Effect of Omission on Innocent Infringers. -- Any person who
innocently infringes a copyright, in reliance upon an authorized copy or
phonorecord from which the copyright notice has been omitted, incurs
no liability for actual or statutory damages under section 504 for any
infringing acts committed before receiving actual notice that
registration for the work has been made under section 408, if such person
proves that he or she was misled by the omission of notice. In a suit for
infringement in such a case the court may allow or disallow recovery of
any of the infringer's profits attributable to the infringement, and may
enjoin the continuation of the infringing undertaking or may require, as
a condition or [sic] permitting the continuation of the infringing
undertaking, that the infringer pay the copyright owner a reasonable
license fee in an amount and on terms fixed by the court.

(c) Removal of Notice. -- Protection under this title is not affected by
the removal, destruction, or obliteration of the notice, without the
authorization of the copyright owner, from any publicly distributed
copies or phonorecords.

Section 406. Notice of copyright: Error in name or date.

(a) Error in Name. -- Where the person named in the copyright notice
on copies or phonorecords publicly distributed by authority of the
copyright owner is not the owner of copyright, the validity and
ownership of the copyright are not affected. In such a case, however,
any person who innocently begins an undertaking that infringes the
copyright has a complete defense to any action for such infringement if
such person proves that he or she was misled by the notice and began
the undertaking in good faith under a purported transfer or license from
the person named therein, unless before the undertaking was begun-

(1) registration for the work had been made in the name of the
owner of copyright; or

(2) a document executed by the person named in the notice and
showing the ownership of the copyright had been recorded. The
person named in the notice is liable to account to the copyright owner
for all receipts from transfers or licenses purportedly made under the
copyright by the person named in the notice.

(b) Error in Date. -- When the year date in the notice on copies or
phonorecords distributed by authority of the copyright owner is earlier
than the year in which publication first occurred, any period computed
from the year of first publication first occurred, the work is considered
to have been published without any notice and is governed by the
provisions of section 405.

(c) Omission of Name or Date. -- Where copies or phonorecords
publicly distributed by authority of the copyright owner contain no
name or no date that could reasonably be considered a part of the notice,
the work is considered to have been published without any notice and is
governed by the provisions of section 405.

Section 407. Deposit of copies or phonorecords for Library of Congress.

(a) Except as provided by subsection (c), and subject to the provisions
of subsection (e), the owner of copyright or of the exclusive right of
publication in a work published with notice of copyright in the United
States shall deposit, within three months after the date of such
publication-

(1) two complete copies of the best edition; or

(2) if the work is a sound recording, two complete phonorecords of
the best edition, together with any printed or other visually
perceptible material published with such phonorecords. Neither
the deposit requirements of this subsection nor the acquisition
provisions of subsection (e) are conditions of copyright protection.

(b) The required copies or phonorecords shall be deposited in the Copyright
Office for the use or disposition of the Library of Congress. The Register
of Copyrights shall, when requested by the depositor and upon payment of
the fee prescribed by section 708, issue a receipt for the deposit.

(c) The Register of Copyrights may be regulation exempt any
categories of material from the deposit requirements of this section,
or require deposit of only one copy or phonorecord with respect to any
categories. Such regulations shall provide either for complete
exemption from the deposit requirements of this section, or for
alternative forms of deposit aimed at providing a satisfactory
archival record of a work without imposing practical or financial
hardships on the depositor, where the individual author is the owner
of copyright in a pictorial, graphic, or sculptural work and (i) less than
five copies of the work have been published, or (ii) the work has been
published in a limited edition consisting of numbered copies the
monetary value of which would make the mandatory deposit of two
copies of the best edition of the work burdensome, unfair, or unreasonable.

(d) At any time after publication of a work as provided by subsection
(a), the Register of Copyrights may make written demand for the
required deposit of any of the persons obligated to make the deposit
under subsection (a). Unless deposit is made within three months after
the demand is received, the person or persons on whom the demand was
made are liable-

(1) to a fine of not more than $250 for each work; and

(2) to pay into a specially designated fund in the Library of
Congress the total retail price of the copies or phonorecords
demanded, or, if no retail price has been fixed, the reasonable cost of
the Library of Congress of acquiring them; and

(3) to pay a fine of $2,500, in addition to any fine or liability
imposed under clauses (1) and (2), if such person willfully or
repeatedly fails or refuses to comply with such a demand.

(e) With respect to transmission programs that have been fixed and
transmitted to the public in the United States but have not been
published, the Register of Copyrights shall, after consulting with the
Librarian of Congress and other interested organizations and officials,
establish regulation governing the acquisition, through deposit or
otherwise, of copies or phonorecords of such programs for the collections
of the Library of Congress.

(1) The Librarian of Congress shall be permitted, under the
standards and conditions set forth in such regulations to make a
fixation of a transmission program directly from a transmission to the
public, and to reproduce one copy or phonorecord from such fixation
for archival purposes.

(2) Such regulations shall also provide standards and procedures
by which the Register of Copyrights may make written demand,
upon the owner of the right of transmission in the United States, for
the deposit of a copy or phonorecord of a specific transmission
program. Such deposit may, at the option of the owner of the right of
transmission in the United States, be accomplished by gift, by loan
for purposes of reproduction, or by sale at a price not to exceed the
cost of reproducing and supplying the copy or phonorecord. The
regulations established under this clause shall provide reasonable
periods of not less than three months for compliance with a demand,
and shall allow for extensions of such periods and adjustments in the
scope of the demand or the methods for fulfilling it, as reasonably
warranted by the circumstances. Willful failure or refusal to comply
with the conditions prescribed by such regulations shall subject the
owner to the right of transmission in the United States to liability
for an amount, not to exceed the cost of reproducing and supplying the
copy or phonorecord in question, to be paid into a specially
designated fund in the Library of Congress.

(3) Nothing in this subsection shall be construed to require the
making or retention, for purposes of deposit, of any copy or
phonorecord of an unpublished transmission program, the
transmission of which occurs before the receipt of a specific written
demand as provided by clause (2).

(4) No activity undertaken in compliance with regulations
prescribed under clauses (1) or (2) of this subsection shall result in
liability if intended solely to assist in the acquisition of copies or
phonorecords under this subsection.

Section 408. Copyright registration in general.

(a) Registration Permissive. -- At any time during the subsistence of
copyright in any published or unpublished work, the owner of
copyright or of any exclusive right in the work may obtain registration
of the copyright claim by delivering to the Copyright Office the
deposit specified by this section, together with the application and fee
specified by sections 409 and 708. Subject to the provisions of section
405(a), such registration is not a condition of copyright protection.

(b) Deposit for Copyright Registration. -- Except as provided by subsection

(c) The material deposited for registration shall include-

(1) in the case of an unpublished work, one complete copy or phonorecord;

(2) in the case of the published work, two complete copies or
phonorecords of the best edition;

(3) in the case of a work first published outside the United States,
one complete copy or phonorecord as so published;

(4) in the case of a contribution to a collective work, one complete
copy or phonorecord of the best edition of the collective work. Copies
or phonorecords deposited for the Library of Congress under section
407 may be used to satisfy the deposit provisions of this section, if
they are accompanied by the prescribed application and fee, and by
any additional identifying material that the Register may, by
regulation, require. The Register shall also prescribe regulations
establishing requirements under which copies or phonorecords
acquired for the Library of Congress under subsection (e) of section 407,
otherwise than by deposit, may be used to satisfy the deposit
provisions of this section.

(c) Administrative Classification and Optional Deposit.-

(1) The Register of Copyrights is authorized to specify by
regulation the administrative classes into which works are to be
placed for purposes of deposit and registration, and the nature of the
copies or phonorecords to be deposited in the various classes
specified. The regulations may require or permit, for particular
classes, the deposit of identifying material instead of copies or
phonorecords, the deposit of only one copy or phonorecord where two
would normally be required, or a single registration for a group of
related works. This administrative classification of works has no
significance with respect to the subject matter of copyright or the
exclusive rights provided by this title.

(2) Without prejudice to the general authority provided under
clause (1), the Register of Copyrights shall establish regulations
specifically permitting a single registration for a group of works by
the same individual author, all first published as contributions to
periodicals, including newspapers, within a twelve-month period, on
the basis of a single deposit, application, and registration fee, under
all of the following conditions-

(A) if each of the works as first published bore a separate
copyright notice, and the name of the owner of copyright in the
work, or an abbreviation by which the name can be recognized, or a
generally known alternative designation of the owner was the
same in each notice; and

(B) if the deposit consists of one copy of the entire issue of
the periodical, or of the entire section in the case of a newspaper,
in which each contribution was first published; and
(C) if the application identifies each work separately,
including the periodical containing it and its date of first
publication.

(3) As an alternative to separate renewal registrations under subsection (a)
of section 304, a single renewal registration may be made for a group of
works by the same individual author, all first published as contributions
to periodicals, including newspapers, upon the filing of a single application
and fee, under all of the following conditions:

(A) the renewal claimant or claimants, and the basis of claim or
claims under section 304(a), is the same for each of the works; and

(B) the works were all copyrighted upon their first publication,
either through separate copyright notice and registration or by
virtue of a general copyright notice in the periodical issue as a
whole; and

(C) the renewal application and fee are received not more than
twenty-eight or less than twenty-seven years after the thirty-first
day of December of the calendar year in which all of the works
were first published; and

(D) the renewal application identifies each work separately,
including the periodical containing it and its date of first
publication

(d) Corrections and Amplifications. -- The register may also
establish, by regulation, formal procedures for the filing of an
application for supplementary registration, to correct an error in
a copyright registration or to amplify the information given in a
registration. Such application shall be accompanied by the fee
provided by section 708, and shall clearly identify the registration
to be corrected or amplified. The information contained in a
supplementary registration augments but does not supersede that
contained in the earlier registration.

(e) Published Edition of Previously Registered Work. -- Registration
for the first published edition of a work previously registered in
unpublished form may be made even though the work as published is
substantially the same as the unpublished version.

Section 409. Application for copyright registration.

The application for copyright registration shall be made on a form
prescribed by the Register of Copyrights and shall include-

(1) the name and address of the copyright claimant;

(2) in the case of a work other than an anonymous or pseudonymous
work, the name and nationality or domicile of the author or authors,
and, if one or more of the authors is dead, the dates of their deaths;

(3) if the work is anonymous or pseudonymous, the nationality or
domicile of the author or authors;

(4) in the case of a work made for hire, a statement to this effect;

(5) if the copyright claimant is not the author, a brief statement of
how the claimant obtained ownership of the copyright;

(6) the title of the work, together with any previous or alternative
titles under which the work can be identified;

(7) the year in which creation of the work was completed;

(8) if the work has been published, the date and nation of its
first publication;

(9) in the case of a compilation or derivative work, an
identification of any preexisting work or works that it is based on or
incorporates, and a brief, general statement of the additional
material covered by the copyright claim being registered;

(10) in the case of a published work containing material of which
copies are required by section 601 to be manufactured in the United
States, the names of the persons or organizations who performed the
processes specified by subsection (c) of section 601 with respect to that
material, and the places where those processes were performed; and

(11) any other information regarded by the Register of Copyrights
as bearing upon the preparation or identification of the work or the
existence, ownership, or duration of the copyright.

Section 410. Registration of claim and issuance of certificate.

(a) When, after examination, the Register of Copyrights determines
that, in accordance with the provisions of this title, the material
deposited constitutes copyrightable subject matter and that the other
legal and formal requirements of this title have been met, the Register
shall register the claim and issue to the applicant a certificate of
registration under the seal of the Copyright Office. The certificate
shall contain the information given in the application, together with
the number and effective date of the registration.

(b) In any case in which the Register of Copyrights determines that,
in accordance with the provisions of this title, the material deposited
does not constitute copyrightable subject matter or that the claim is
invalid for any other reason, the Register shall refuse registration and
shall notify the applicant in writing of the reasons for such refusal.

(c) In any judicial proceedings the certificate of a registration made
before or within five years after first publication of the work shall
constitute prima facie evidence of the validity of the copyright and of
the facts stated in the certificate. The evidentiary weight to be
accorded the certificate of a registration made thereafter shall be
within the discretion of the court.

(d) The effective date of a copyright registration is the day on which
an application, deposit, and fee, which are later determined by the
Register of Copyrights or by a court of competent jurisdiction to be
acceptable for registration, have all been received in the Copyright Office.

Section 411. Registration as prerequisite to infringement suit.

(a) Subject to the provisions of subsection (b), no action for
infringement of the copyright in any work shall be instituted until
registration of the copyright claim has been made in accordance with
this title. In any case, however, where the deposit, application, and
fee required for registration have been delivered to the Copyright
Office in proper form and registration has been refused, the applicant is
entitled to institute an action for infringement if notice thereof, with a
copy of the complaint, is served on the Register of Copyrights. The
Register may, at his or her option, become a party to the action with
respect to the issue of registrability of the copyright claim by entering
an appearance within sixty days after such service, but the Register's
failure to become a party shall not deprive the court of jurisdiction to
determine that issue.

(b) In the case of a work consisting of sounds, images, or both, the first
fixation of which is made simultaneously with its transmission, the
copyright owner may, either before or after such fixation takes place,
institute an action for infringement under section 501, fully subject to the
remedies provided by sections 502 through 506 and sections 509 and 510,
if, in accordance with requirements that the Register of Copyrights
shall prescribe by regulation, the copyright owner-

(1) serves notice upon the infringer, not less than ten or more than
thirty days before such fixation, identifying the work and the
specific time and source of its first transmission, and declaring an
intention to secure copyright in the work; and,

(2) makes registration for the work within three months after its
first transmission.

Section 412. Registration as prerequisite to certain remedies for infringement.

In any action under this title, other than an action instituted under
section 411(b), no award of statutory damages or of attorney's fees, as
provided by sections 504 and 505, shall be made for-

(1) any infringement of copyright in an unpublished work
commenced before the effective date of its registration; or

(2) any infringement of copyright commenced after first publication
of the work and before the effective date of its registration, unless
such registration is made within three months after the first
publication of the work.

CHAPTER 5 - COPYRIGHT INFRINGEMENT AND REMEDIES. Analysis.

Sec.
501. Infringement of copyright.
502. Remedies for infringement: Injunctions.
503. Remedies for infringement: Impounding and disposition of
infringing articles.
504. Remedies for infringement: Damages and profits.
505. Remedies for infringement: Costs and attorney's fees.
506. Criminal offenses.
507. Limitations on actions.
508. Notification of filing and determination of actions.
509. Seizure forfeiture.
510. Remedies for alteration of programing by cable systems.

Section 501. Infringement of copyright.

(a) Anyone who violates any of the exclusive rights of the copyright
owner as provided by section 106 through 118, or who imports copies or
phonorecords into the United States in violation of section 602, is an
infringer of the copyright.

(b) The legal or beneficial owner of an exclusive right under a
copyright is entitled, subject to the requirements of sections 205(d) and
411, to institute an action for any infringement of that particular right
committed while he or she is the owner of it. The court may require
such owner to serve written notice of the action with a copy of the
complaint upon any person shown, by the records of the Copyright
Office or otherwise, to have or claim an interest in the copyright, and
shall require that such notice be served upon any person whose interest
is likely to be affected by a decision in the case. The court may require
the joiner, and shall permit the intervention, of any person having or
claiming an interest in the copyright.

(c) For any secondary transmission by a cable system that embodies a
performance or a display of a work which is actionable as an act of
infringement under subsection (c) of section 111, a television broadcast
station holding a copyright or other license to transmit or perform the
same version of that work shall, for purposes of subsection (b) of this
section, be treated as a legal or beneficial owner if such secondary
transmission occurs within the local service area of that television
station.

(d) For any secondary transmission by a cable system that is
actionable as an act of infringement pursuant to section 111(c)(3), the
following shall also have standing to sue: (i) the primary transmitter
whose transmission has been altered by the cable system; and (ii) any
broadcast station within whose local service area the secondary
transmission occurs.

Section 502. Remedies for infringement: Injunctions.

(a) Any court having jurisdiction of a civil action arising under this
title may, subject to the provisions of section 1498 of title 28, grant
temporary and final injunctions on such terms as it may deem reasonable
to prevent or restrain infringement of a copyright.

(b) Any such injunction may be served anywhere in the United States
on the person enjoined; it shall be operative throughout the United
States and shall be enforceable, by proceedings in contempt or
otherwise, by any United States court having jurisdiction of that
person. The clerk of the court granting the injunction shall, when
requested by any other court a certified copy of all the papers in the
case on file in such clerk's office.

Section 503. Remedies for infringement: Impounding and disposition of
infringing articles.

(a) At any time while an action under this title is pending, the court
may order the impounding, on such terms as it may deem reasonable, of
all copies or phonorecords claimed to have been made or used in
violation of the copyright's owner's exclusive rights, and of all plates,
molds, matrices, masters, tapes, film negative, or other articles by
means of which such copies or phonorecords may be reproduced.

(b) As part of a final judgment or decree, the court may order the
destruction or other reasonable disposition of all copies or phonorecords
found to have been made or used in violation of the copyright owner's
exclusive rights, and of all plates, molds, matrices, masters, tapes, film
negatives, or other articles by means of which such copies or
phonorecords may be reproduced.

Section 504. Remedies for infringement: Damages and profits.

(a) In General. -- Except as otherwise provided by this title, an
infringer of copyright is liable for either-

(1) the copyright owner's actual damages and any additional
profits of infringer, as provided by subsection (b); or

(2) statutory damages, as provided by subsection (c).

(b) Actual Damages and Profits. -- The copyright owner is entitled to
recover the actual damages suffered by him or her as a result of the
infringement, and any profits of the infringer that are attributable to
the infringement and are not taken into account in computing the actual
damages. In establishing the infringer's profits, the copyright owner is
required to present proof only of the infringer's gross revenue, and the
infringer is required to prove his or her deductible expenses and the
elements of profit attributable to factors other than the copyrighted
work.

(c) Statutory Damages. --

(1) Except as provided by clause (2) of this subsection, the
copyright owner may elect, at any time before final judgment is
rendered, to recover instead of actual damages and profits, an award
of statutory damages for all infringements involved in the action,
with respect to any one work, for which any one infringer is liable
individually, or for which any two or more infringers are liable
jointly and severally, in a sum of not less than $250 or more than
$10,000 as the court considers just. For the purposes of this
subsection, all the parts of a compilation or derivative work
constitute one work.

(2) In a case where the copyright owner sustains the burden of
proving, and the court finds, that infringement was committed
willfully, the court in its discretion may increase the award of
statutory damages to a sum of not more than $50,000. In a case where
the infringer sustains the burden of proving, and the court finds, that
such infringer was not aware and had no reason to believe that his
or her acts constituted an infringement of copyright, the it [sic] its
discretion may reduce the award of statutory damages to a sum of
not less than $100. The court shall remit statutory damages in any
case where an infringer believed and had reasonable grounds for
believing that his or her use of the copyrighted work was a fair use
under section 107, if the infringer was: (i) an employee or agent of a
nonprofit educational institution, library, or archives acting within
the scope of his or her employment who, or such institution, library,
or archives itself, which infringed by reproducing the work in copies
or phonorecords; or (ii) a public broadcasting entity which or a
person who, as a regular part of the nonprofit activities of a public
broadcasting entity (as defined in subsection (g) of section 118)
infringed by performing a published nondramatic literary work or
by reproducing a transmission program embodying a performance of
such a work.

Section 505. Remedies for infringement: Costs and attorney's fees.

In any civil action under this title, the court in its discretion may
allow the recovery of full costs by or against any party other than the
United States or an officer thereof. Except as otherwise provided by
this title, the court may also award a reasonable attorney's fee to the
prevailing party as part of the costs.

Section 506. Criminal offenses.

(a) Criminal infringement. -- Any person who infringes a copyright
willfully and for purposes of commercial advantage or private
financial gain shall be punished as provided in section 2319 of title 18.

(b) Forfeiture and Destruction. -- When any person is convicted of any
violation of subsection (a), the court in its judgment of conviction shall,
in addition to the penalty therein prescribed, order the forfeiture and
destruction or other disposition of all infringing copies or phonorecords
and all implements, devices, or equipment used in the manufacture of
such infringing copies or phonorecords.

(c) Fraudulent Copyright Notice. -- Any person who, with fraudulent
intent, places on any article a notice of copyright or words of the same
purport that such person knows to be false, or who, with fraudulent
intent, publicly distributes or imports for public distribution any article
bearing such notice or words that such person knows to be false, shall be
fined not more than $2,500.

(d) Fraudulent Removal of Copyright Notice. -- Any person who,
with fraudulent intent, removes or alters any notice of copyright
appearing on a copy of a copyrighted work shall be fined not more than $2,500.

Section 507. Limitations on actions.

(a) Criminal Proceedings. -- No criminal proceeding shall be
maintained under the provisions of this title unless it is commenced
within three years after the cause of action arose.

(b) Civil Actions. -- No civil action shall be maintained under the
provisions of this title unless it is commenced within three years after
the claim accrued.

Section 508. Notification of filing and determination of action.

(a) Within one month after the filing of any action under this title,
the clerks of the courts of the United States shall send written
notification to the Register of Copyrights setting forth, as far as is
shown by the papers filed in the court, the names and addresses of the
parties and the title, author, and registration number of each work
involved in the action. If any other copyrighted work is later included
in the action by amendment, answer, or other pleading, the clerk shall
also send a notification concerning it to the Register within one month
after the pleading is filed.

(b) Within one month after any final order or judgment is issued in
the case, the clerk of the court shall notify the Register of it, sending
with the notification a copy of the order or judgment together with the
written opinion, if any, of the court.

(c) Upon receiving the notifications specified in this section, the
Register shall make them a part of the public records of the Copyright
Office.

Section 509. Seizure and forfeiture.

(a) All copies or phonorecords manufactured, reproduced, distributed,
sold or otherwise used, intended for use, or possessed with intent to use
in violation of section 506(a), and all plates, molds, matrices, masters,
tapes, film negatives, or other articles by means of which such copies or
phonorecords may be reproduced, and all electronic, mechanical, or
other devises for manufacturing, reproducing, or assembling such copies
or phonorecords may be seized and forfeited to the United States.

(b) The applicable procedures relating to (i) the seizure, summary
and judicial forfeiture, and condemnation of vessels, vehicles,
merchandise, and baggage for violations of the customs laws contained
in title 19, (ii) the disposition of such vessels, vehicles, merchandise,
and baggage or the proceeds from the sale thereof, (iii) the remission or
mitigation of such forfeiture, (iv) the compromise of claims, and (v) the
award of compensation to informers in respect of such forfeitures, shall
apply to seizures and forfeitures incurred, or alleged to have been
incurred, under the provisions of this section, insofar as applicable and
not inconsistent with the provisions of this section; except that such
duties as are imposed upon any officer or employee of the Treasury
Department or any other person with respect to the seizure and
forfeiture of vessels, vehicles, merchandise, and baggage under the
provisions of the customs laws contained in title 19 shall be performed
with respect seizure and forfeiture of all articles described in subsection
(a) by such officers, agents, or other persons as may be authorized or
designated for that purpose by the Attorney General.

Section 510. Remedies for alteration of programing by cable systems.

(a) In any action filed pursuant to section 111(c)(3), the following
remedies shall be available;

(1) Where an action is brought by a party identified in subsections
(b) or (c) of section 501, the remedies provided by sections 502
through 505, and the remedy provided by subsection (b) of this
section; and

(2) When an action is brought by a party identified in subsection
(d) of section 501, the remedies provided by sections 502 and 505,
together with any actual damages suffered by such party as a result
of the infringement, and the remedy provided by subsection (b) of
this section.

(b) In any action filed pursuant to section 111(c)(3), the court may
decree that, for a period not to exceed thirty days, the cable system
shall be deprived of the benefit of a compulsory license for one or more
distant signals carried by such cable system.

CHAPTER 6 - MANUFACTURING REQUIREMENTS AND IMPORTATION. Analysis.

Sec.
601. Manufacture, importation, and public distribution of certain copies.
602. Infringing importation of copies or phonorecords.
603. Importation prohibitions: Enforcement and disposition of
excluded articles.

Section 601. Manufacture, importation, and public distribution of
certain copies.

(a) Prior to July 1, 1986, and except as provided by subsection (b), the
importation into or public distribution in the United States of copies of
a work consisting preponderantly of nondramatic [sic] literary material
that is in the English language and is protected under this title is
prohibited unless the portions consisting of such material have been
manufactured in the United States or Canada.

(b) The provisions of subsection (a) do not apply-

(1) where on the date when importation is sought or public
distribution in the United States is made, the author of any
substantial part of such material is neither a national nor a
domiciliary of the United States or, if such author is a national of
the United States, he or she has been domiciled outside the United
States for a continuous period of at least one year immediately
preceding that date; in the case of a work made for hire, the
exemption provided by this clause does not apply unless a
substantial part of the work was prepared for an employer or other
person who is not a national or domiciliary of the United States or a
domestic corporation or enterprise;

(2) where the United States Customs Service is presented with an
import statement issued under the seal of the Copyright Office, in
which case a total of no more than two thousand copies of any one
such work shall be allowed entry; the import statement shall be
issued upon request to the copyright owner or to a person designated
by such owner at the time of registration for the work under section
408 or at any time thereafter;

(3) where importation is sought under the authority or for the use,
other than in schools, of the Government of the United States or of
any State or political subdivision of a State;

(4) where importation, for use and not for sale, is sought-

(A) by any person with respect to no more than one copy of any
work at any one time;

(B) by any person arriving from outside the United States, with
respect to copies forming part of such person's personal baggage;
or

(C) by an organization operated for scholarly, educational, or
religious purposes and not for private gain, with respect to copies
intended to form a part of its library;

(5) where the copies are reproduced in raised characters for the use
of the blind; or

(6) where, in addition to copies imported under clauses (3) and (4)
of this subsection, no more than two thousand copies of any one such
work, which have not been manufactured in the United States or
Canada, are publicly distributed in the United States; or

(7) where, on the date when importation is sought or public
distribution in the United States is made-

(A) the author of any substantial part of such material is an
individual and receives compensation for the transfer or license
of the right to distribute the work in the United States; and

(B) the first publication of the work has previously taken place
outside the United States under a transfer or license granted by
such author to a transferee or licensee who was not a national or
domiciliary of the United States or domestic corporation or
enterprise; and

(C) there has been no publication of an authorized edition of the
work of which the copies were manufactured in the United
States; and

(D) the copies were reproduced under a transfer or license
granted by such author or by the transferee or licensee of the
right of first publication as mentioned in subclause (B), and the
transferee or the licensee of the right of reproduction was not a
national or domiciliary of the United States or a domestic
corporation or enterprise.

(c) The requirement of this section that copies be manufactured in the
United States or Canada is satisfied if-

(1) in the case where the copies are printed directly from type that
has been set, or directly from plates made from such type, the
setting of the type and the making of the plates have been
performed in the United States or Canada; and

(2) in the case where the making of plates by a lithographic or
photoengraving process is a final or intermediate step preceding the
printing of the copies, the making of the plates has been performed
in the United States or Canada.

(3) in any case, the printing or other final process of producing
multiple copies and any binding of the copies have been performed
in the United States or Canada.

(d) Importation or public distribution of copies in violation of this
section does not invalidate protection for a work under this title.
However, in any civil action or criminal proceeding for infringement of
the exclusive rights to produce and distribute copies of the work, the
infringer has a complete defense with respect to all of the nondramatic
literary material comprised in the work and any other parts of the
work in which the exclusive rights to reproduce and distribute copies
are owned by the same person who owns such exclusive rights in the
nondramatic literary material, if the infringer proves-

(1) that copies of the work have been imported into or publicly
distributed in the United States in violation of this section by or
with the authority of the owner of such exclusive rights; and

(2) that the infringing copies were manufactured in the United
States or Canada in accordance with the provisions of subsection (c);
and

(3) that the infringement was commenced before the effective date
of registration for an authorized edition of the work, the copies of
which have been manufactured in the United States or Canada in
accordance with the provisions of subsection (c).

(e) In any action for infringement of the exclusive rights to reproduce
and distribute copies of a work containing material required by this
section to be manufactured in the United States or Canada, the
copyright owner shall set forth in the complaint the names of the
persons or organizations who performed the processes specified by
subsection (c) with respect to that material, and the places where those
processes were performed.

Section 602. Infringing importation of copies or phonorecords.

(a) Importation into the United States, without the authority of the
owner of copyright under this title, of copies or phonorecords of a work
that have been acquired outside the United States is an infringement of
the exclusive right to distribute copies of phonorecords under section
406, actionable under section 501. This subsection does not apply to-

(1) importation of copies or phonorecords under the authority or for
the use of the Government of the United States or of any State or
political subdivision of a State, but not including copies or
phonorecords for purposes other than archival use;

(2) importation, for the private use of the importer and not for
distribution, by any person with respect to no more than one copy or
phonorecord of any one work at any one time, or by any person
arriving from outside the United States with respect to copies or
phonorecords forming part of such person's personal baggage; or

(3) importation by or for an organization operated for scholarly,
educational, or religious purposes and not for private gain, with
respect to no more than one copy of an audiovisual work solely for its
archival purposes, and no more than five copies or phonorecords of
any other work for its library lending or archival purposes, unless
the importation of such copies or phonorecords is part of an activity
consisting of systematic reproduction or distribution, engaged in by
such organization in violation of the provisions of section 108(g)(2).

(b) In a case where the making of the copies or phonorecords would
have constituted an infringement of copyright if this title had been
applicable, their importation is prohibited. In a case where the copies
or phonorecords were lawfully made, the United States Customs service
has no authority to prevent their importation unless the provisions of
section 601 are applicable. In either case, the Secretary of the Treasury
is authorized to prescribe, by regulation, a procedure under which any
person claiming an interest in the copyright in a particular work may,
upon payment of a specified fee, be entitled to notification by the
Customs Service of the importation of articles that appear to be copies
of phonorecords of the work.

Section 603. Importation prohibitions: Enforcement and disposition of
excluded articles.

(a) The Secretary of the Treasury and the United States Postal
Service shall separately or jointly make regulations for the
enforcement of the provisions of this title prohibiting importation.

(b) These regulations may require, as a condition for the exclusion of
articles under section 602-

(1) that the person seeking exclusion obtain a court order enjoining
importation of the articles; or

(2) that the person seeking exclusion furnish proof, of a specified
nature and in accordance with prescribed procedures, that the
copyright in which such person claims an interest is valid and that
the importation would violate the prohibition in section 602; the
person seeking exclusion may also be required to post a surety bond
for any injury that may result if the detention or exclusion of the
articles proves to be unjustified.

(c) Articles imported in violation of the importation prohibitions of
this title are subject to seizure and forfeiture in the same manner as
property imported in violation of the customs revenue laws. Forfeited
articles shall be destroyed as directed by the Secretary of the Treasury
of the court, as the case may be; however, the articles may be returned
to the country of export whenever it is shown to the satisfaction of the
Secretary of the Treasury that the importer had no reasonable grounds
for believing that his or her acts constituted a violation of law.

CHAPTER 7 - COPYRIGHT OFFICE. Analysis.

Sec.
701. The Copyright Office: General responsibilities and organization.
702. Copyright Office regulations.
703. Effective date of actions in Copyright Office.
704. Retention and disposition of articles deposited in Copyright Office.
705. Copyright Office records; Preparation, maintenance, public inspection,
and searching.
706. Copies of Copyright Office records.
707. Copyright Office forms and publications.
708. Copyright Office fees.
709. Delay in delivery caused by disruption of postal or other services.
710. Reproduction for use of the blind and physically handicapped:
Voluntary licensing forms and procedures.

Section 701. The Copyright Office: General responsibilities and
organization.

(a) All administrative functions and duties under this title, except as
otherwise specified, are the responsibility of the Register of
Copyrights as director of the Copyright Office of the Library of
Congress. The Register of Copyrights, together with the subordinate
officers and employees of the Copyright Office, shall be appointed by
the Librarian of Congress, and shall act under the Librarian's general
direction and supervision.

(b) The Register of Copyrights shall adopt a seal to be used on and
after January 1, 1978, to authenticate all certified documents issued by
the Copyright Office.

(c) The Register of Copyrights shall make an annual report to the
Librarian of Congress of the work and accomplishments of the
Copyright Office during the previous fiscal year. The annual report of
the Register of Copyrights shall be published separately and as a part
of the annual report of the Librarian of Congress.

(d) Except as provided by section 706(b) and the regulations issued
thereunder, all actions taken by the Register of Copyrights under this
title are subject to the provisions of the Administrative Procedure Act
of June 11, 1946, as amended (c. 324, 60 Stat. 237, title 5, United States
Code, Chapter 5, Subchapter II and Chapter 7).

Section 702. Copyright Office regulations.

The Register of Copyrights is authorized to establish regulations not
inconsistent with law for the administration of the functions and duties
made the responsibility of the Register under this title. All
regulations established by the Register under this title are subject to
the approval of the Librarian of Congress

Section 703. Effective date of actions in Copyright Office.

In any case in which time limits are prescribed under this title for
the performance of an action in the Copyright Office, and in which the
last day of the prescribed period falls on a Saturday, Sunday, holiday,
or other nonbusiness day within the District of Columbia or the Federal
Government, the action may be taken on the next succeeding business
day, and is effective as of the date when the period expired.

Section 704. Retention and disposition of articles deposited in
Copyright Office.

(a) Upon their deposit in the Copyright Office under section 407 and
408, all copies, phonorecords, and identifying material, including those
deposited in connection with claims that have been refused
registration, are the property of the United States Government.

(b) In the case of published works, all copies, phonorecords, and
identifying material deposited are available to the Library of
Congress for its collections, or for exchange or transfer to any other
library. In the case of unpublished works, the Library is entitled, under
regulations that the Register of Copyrights shall prescribe, to select
any deposits for its collections or for transfer to the National Archives
of the United States or to a Federal records center, as defined in section
2901 of title 44.

(c) The Register of Copyrights is authorized, for specific or general
categories of works, to make a facsimile reproduction of all or any part
of the material deposited under section 408, and to make such
reproduction a part of the Copyright Office records of the registration,
before transferring such material to the Library of Congress as provided
by subsection (b), or before destroying or otherwise disposing of such
material as provided by subsection (d).

(d) Deposits not selected by the Library under subsection (b), or
identifying portions or reproductions of them, shall be retained under
the control of the Copyright Office, including retention in Government
storage facilities, for the longest period considered practicable and
desirable by the Register of Copyrights and the Librarian of Congress.
After that period it is within the joint discretion of the Register and
the Librarian to order their destruction or other disposition; but, in the
case of unpublished works, no deposit shall be knowingly or
intentionally destroyed or otherwise disposed of during its term of
copyright unless a facsimile reproduction of the entire deposit has been
made a part of the Copyright Office records as provided by subsection (c).

(e) The depositor of copies, phonorecords, or identifying material
under section 408, or the copyright owner of record, may request
retention, under the control of the Copyright Office, of one or more of
such articles for the full term of copyright in the work. The Register of
Copyrights shall prescribe, by regulation, the conditions under which
such requests are to be made and granted, and shall fix the fee to be
charged under section 708(a)(11) if the request is granted.

Section 705. Copyright Office records: Preparation, maintenance,
public inspection, and searching.

(a) The Register of Copyrights shall provide and keep in the
Copyright Office records of all deposits, registrations, recordations,
and other actions taken under this title, and shall prepare indexes of
all such records.

(b) Such records and indexes, as well as the articles deposited in
connection with completed copyright registrations and retained under
the control of the Copyright Office, shall be open to public inspection.

(c) Upon request and payment of the fee specified by section 708, the
Copyright Office shall make a search of its public records, indexes, and
deposits, and shall furnish a report of the information they disclose
with respect to any particular deposits, registrations, or recorded
documents.

Section 706. Copies of Copyright Office records.

(a) Copies may be made of any public records or indexes of the
Copyright Office; additional certificates of copyright registration and
copies of any public records or indexes may be furnished upon request
and payment of the fees specified by section 708.

(b) Copies or reproductions of deposited articles retained under the
control of the Copyright Office shall be authorized or furnished only
under the conditions specified by the Copyright Office regulation.

Section 707. Copyright Office forms and publication.

(a) Catalog of Copyright Entries -- The Register of Copyrights shall
compile and publish at periodic intervals catalogs of all copyright
registrations. These catalogs shall be divided into parts in accordance
with the various classes of works, and the Register has discretion to
determine, on the basis of practicability and usefulness, the form and
frequency of publication of each particular part.

(b) Other Publication -- The Register shall furnish, free of charge
upon request, application forms for copyright registration and general
informational material in connection with the functions of the
Copyright Office. The Register also has the authority to publish
compilations of information, bibliographies, and other material he or
she considers to be of value to the public.

(c) Distribution of Publications. -- All publications of the Copyright
Office shall be furnished to depository libraries as specified under
section 1905 of title 44, and, aside from those furnished free of charge,
shall be offered for sale to the public at prices based on the cost of
reproduction and distribution.

Section 708. Copyright Office fees.

(a) The following fees shall be paid to the Register of Copyrights:

(1) on filing each application for registration of a copyright claim
or a supplementary registration under section 408, including the
issuance of a certificate of registration if registration is made, $10;

(2) on filing each application for registration of a claim to renewal
of a subsisting copyright in its first term under section 304(a),
including the issuance of a certificate of registration if registration
is made, $6;

(3) for the issuance of a receipt for a deposit under section
407, $2;

(4) for the recordation, as provided by section 205, of a transfer
of copyright ownership or other document of six pages or less, covering
no more than one title; $10; for each page over six and each title
over one, 50 cents additional;

(5) for the filing, under section 115(b), of a notice of intention
to make phonorecords, $6;

(6) for the recordation, under section 302(c), of a statement
revealing the identity of an author of an anonymous or
pseudonymous work, or for the recordation, under section 302(d), of a
statement relating to the death of an author, $10 for a document of
six pages or less, covering no more than one title; for each page over
six and for each title over one, $1 additional;

(7) for the issuance, under section 601, of an import statement, $3;

(8) for the issuance, under section 706, of an additional certificate
of registration, $4;

(9) for the issuance of any other certification, $4; the Register of
Copyrights has discretion, on the basis of their cost, to fix the fees
for preparing copies of Copyright Office records, whether they are
to be certified or not;

(10) for the making and reporting of a search as provided by section
705, and for any related services, $10 for each hour or fraction of an
hour consumed;

(11) for any other special services requiring a substantial amount of
time or expense, such fees as the Register of Copyrights may fix on
the basis of the cost of providing the service.

(b) The fees prescribed by or under this section are applicable to the
United States Government and any of its agencies, employees, or
officers, but the Register of Copyrights has discretion to waive the
requirement of this subsection in occasional or isolated cases involving
relatively small amounts.

(c) All fees received under this section shall be deposited by the
Register of Copyrights in the Treasury of the United States and shall
be credited to the appropriation for necessary expenses of the
Copyright Office. The Register may, in accordance with regulations
that he or she shall prescribe, refund any sum paid by mistake or in
excess of the fee required by this section.

Section 709. Delay in delivery caused by disruption of postal or other
services.

In any case in which the Register of Copyrights determines, on the
basis of such evidence as the Register may by regulation require, that a
deposit, application, fee, or any other material to be delivered to the
Copyright Office by a particular date, would have been received in the
Copyright Office in due time except for a general disruption or
suspension of postal or other transportation or communications services,
the actual receipt of such material in the Copyright Office within one
month after the date on which the Register determines that the
disruption or suspension of such services has terminated, shall be
considered timely.

Section 710. Reproduction for use of the blind and physically
handicapped: Voluntary licensing forms and procedures.

The Register of Copyrights shall, after consultation with the Chief
of the Division for the Blind and Physically Handicapped and other
appropriate officials of the Library of Congress, establish by
regulation standardized forms and procedures by which, at the time
applications covering certain specified categories of nondramatic
literary works are submitted for registration under section 408 of this
title, the copyright owner may voluntarily grant to the Library of
Congress a license to reproduce the copyrighted work by means of
Braille or similar tactile symbols, or by fixation of a reading of the
work in a phonorecord, or both, and to distribute the resulting copies or
phonorecords solely for the use of the blind and physically
handicapped and under limited conditions to be specified in the
standardized forms.

CHAPTER 8 - COPYRIGHT ROYALTY TRIBUNAL. Analysis.

Sec.
801. Copyright Royalty Tribunal: Establishment and purpose.
802. Membership of the Tribunal.
803. Procedures of the Tribunal.
804. Institution and conclusion of proceedings.
805. Staff of the Tribunal.
806. Administrative support of the Tribunal.
807. Deduction of costs of proceedings.
808. Reports.
809. Effective date of final determinations.
810. Judicial review.

Section 801. Copyright Royalty Tribunal: Establishment and purpose.

(a) There is hereby an independent Copyright Royalty Tribunal in
the legislative branch.

(b) Subject to the provisions of this chapter, the purposes of the
Tribunal shall be-

(1) to make determinations concerning the adjustment of reasonable
copyright royalty rates as provided in sections 115 and 116, and to
make determinations as to reasonable terms and rates of royalty
payments as provided in section 118. The rates applicable under
sections 115 and 116 shall be calculated to achieve the following
objectives.

(A) To maximize the availability of creative works to the public;

(B) To afford the copyright owner a fair return for his creative
work and the copyright user a fair income under existing
economic conditions;

(C) To reflect the relative roles of the copyright owner and the
copyright user in the product made available to the public with
respect to relative creative contribution, technological
contribution, capital investment, cost, risk, and contribution to
the opening of new markets for creative expression and media for
their communication;

(D) To minimize any disruptive impact on the structure of the
industries involved and on generally prevailing industry
practices.

(2) to make determinations concerning the adjustment of copyright
royalty rates in section 111 solely in accordance with the following
provisions:

(A) The rates established by section 111(d)(2)(B) may be
adjusted to reflect (i) national monetary inflation or deflation or
(ii) changes in the average rates charged cable subscribers for
the basic service of providing secondary transmissions to
maintain the real constant dollar level of the royalty fee per
subscriber which existed as of the date of enactment of this Act:
Provided, That if the average rates charged cable system
subscribers for the basic service of providing secondary
transmissions are changed so that the average rates exceed
national monetary inflation, no change in the rates established
by section 111(d)(2)(B) shall be permitted: And provided
further, That no increase in the royalty fee shall be permitted
based on any reduction in the average number of distant signal
equivalents per subscriber. The Commission may consider all
factors relating to the maintenance of such level of payments
including, as an extenuating factor, whether the cable industry
has been restrained by subscriber rate regulating authorities from
increasing the rates for the basic service of providing secondary
transmissions.

(B) In the event that the rules and regulations of the Federal
Communications Commission are amended at any time after
April 15, 1976, to permit the carriage by cable systems of
additional television broadcast signals beyond the local service
area of the primary transmitters of such signals, the royalty
rates established by section 111(d)(2)(B) may be adjusted to
insure that the rates for the additional distant signal
equivalents resulting from such carriage are reasonable in the
light of the changes effected by the amendment to such rules and
regulations. In determining the reasonableness of rates proposed
following an amendment of Federal Communications Commission
rules and regulations, the Copyright Royalty Tribunal shall
consider, among other factors, the economic impact on copyright
owners and users: Provided, That no adjustment in royalty rates
shall be made under this subclause with respect to any distant
signal equivalent or fraction thereof represented by (i) carriage
of a signal of the same type (that is, independent, network, or
noncommercial educational) substituted for such permitted
signal, or (ii) a television broadcast signal first carried after
April 15, 1976, pursuant to an individual waiver of the rules and
regulations of the Federal Communications Commission, as such
rules and regulations were in effect on April 14, 1976.

(C) In the event of any change in the rules and regulations of
the Federal Communications Commission with respect to syndicated
and sports program exclusivity after April 15, 1976, the rates
established by section 111(d)(2)(B) may be adjusted to assure
that such rates are reasonable in light of the changes to such
rules and regulations, but any such adjustment shall apply only
to the affected television broadcast signals carried on those
systems affected by the change.

(D) The gross receipts limitations established by section
111(d)(2)(C) and (D) shall be adjusted to reflect national
monetary inflation or deflation or changes in the average rates
charged cable system subscribers for the basic service of
providing secondary transmissions to maintain the real constant
dollar value of the exemption provided by such section; and the
royalty rate specified therein shall not be subject to adjustment;
and

(3) As soon as possible after the date of enactment of this Act, and
no later than six months following such date, the President shall
publish a notice announcing the initial appointments provided in
section 802, and shall designate an order of seniority among the
initially-appointed commissioners for purposes of section 802(b).

Section 802. Membership of the Tribunal.

(a) The Tribunal shall be composed of five commissioners appointed
by the President with the advise and consent of the Senate for a term of
seven years each; of the first five members appointed, three shall be
designated to serve for seven years from the date of the notice specified
in section 801(C), and two shall be designated to serve for five years
from such date, respectively. Commissioners shall be compensated at
the highest rate now or hereafter prescribe sic for grade 18 of the
General Schedule pay rates (5 U.S.C. 5332).

(b) Upon convening the commissioners shall elect a chairman from
among the commissioners appointed for a full seven-year term. Such
chairman shall serve for a term of one year. Thereafter, the most senior
commissioner who has not previously served as chairman shall serve as
chairman for a period of one year, except that, if all commissioners
have served a full term as chairman, the most senior commissioner who
has served the least number of terms as chairman shall be designated
as chairman.

(c) Any vacancy in the Tribunal shall not affect its powers and shall
be filed, for the unexpired term of the appointment, in the same manner
as the original appointment was made.

Section 803. Procedures of the Tribunal.

(a) The Tribunal shall adopt regulations, not inconsistent with law,
governing procedure and methods of operation. Except as otherwise
provided in this chapter, the Tribunal shall be subject to the provisions
of the Administrative Procedure Act of June 11, 1946, as amended (c. 324,
60 Stat. 237, title 5, United States Code, chapter 5, subchapter II and
chapter 7).

Section 804. Institution and conclusion of proceedings.

(a) With respect to proceedings under section 801(b)(1) concerning the
investment of royalty rates as provided in sections 115 and 116, and
with respect to proceedings under section 801(b)(2)(A) and (D)-

(1) on January 1, 1980, the Chairman of the Tribunal shall cause to
be published in the Federal Register notice of commencement of
proceedings under this chapter; and

(2) during the calendar years specified in the following schedule,
any owner or user of a copyrighted work whose royalty rates are
specified by this title, or by a rate established by the Tribunal, may
file a petition with the Tribunal declaring that the petitioner
requests an adjustment of the rate. The Tribunal shall make a
determination as to whether the applicant has a significant interest
in the royalty rate in which an adjustment is requested. If the
Tribunal determines that the petitioner has a significant interest,
the Chairman shall cause notice of this determination, with the
reasons therefor, to be published in the Federal Register, together
with notice of commencement of proceedings under this chapter.

(A) In proceedings under section 801(b)(2)(A) and (D), such
petition may be filed during 1985 and in each subsequent fifth
calendar year.

(B) In proceedings under section 801(b)(1) concerning the
adjustment of royalty rates as provided in section 115, such petition
may be filed in 1987 and in each subsequent tenth calendar year.

(C) In proceedings under section 801(b)(1) concerning the
adjustment of royalty rates under section 116, such petition may be
filed in 1990 and in each subsequent tenth calendar year.

(b) With respect to proceedings under subclause (B) or (C) of section
(_)(2), following an event described in either of those subsections,
any ____ or user of a copyrighted work whose royalty rates are specified by
section ____ by a rate established by the Tribunal, may, within twelve
months, file a ___on with the Tribunal declaring that the petitioner
requests an adjustment of the rate. In this event the Tribunal shall
proceed as in subsection (a)(2), above. Any change in royalty rates made
by the Tribunal pursuant to this subsection may be reconsidered in 1980,
1985, and each fifth calendar year thereafter, in accordance with the
provisions in section 801(b)(2)(B) or (C), as the case may be.

(c) With respect to proceedings under section 801(b)(1), concerning the
determination of reasonable terms and rates of royalty payments as
provided in section 118, the Tribunal shall proceed when and as
provided by that section.

(d) With respect to proceedings under section 801(b)(3), concerning the
distribution of royalty fees in certain circumstances under sections 111 or
116, the Chairman of the Tribunal shall, upon determination by the
Tribunal that a controversy exists concerning such distribution, cause to
be published in the Federal Register notice of commencement of
proceedings under this chapter.

(e) All proceedings under this chapter shall be initiated without
delay following publication of the notice specified in this section, and
the Tribunal shall render its final decision in any such proceeding with
one year from the date of such publication.

Section 805. Staff of the Tribunal.

(a) The Tribunal is authorized to appoint and fix the compensation of
such employees as may be necessary to carry out the provisions of this
chapter, and to prescribe their functions and duties.

(b) The Tribunal may procure temporary and intermittent services to
the same extent as is authorized by section 3109 of title 5.

Section 806. Administrative support of the Tribunal.

(a) The Library of Congress shall provide the Tribunal with
necessary administrative services, including those related to budgeting,
accounting, financial reporting, travel, personnel, and procurement. The
Tribunal shall pay the Library for such services, either in advance or
by reimbursement from the funds of the Tribunal, at amounts to be
agreed upon between the Librarian and the Tribunal.

(b) The Library of Congress is authorized to disburse funds for the
Tribunal, under regulations prescribed jointly by the Librarian of
Congress and the Tribunal and approved by the Comptroller General.
Such regulations shall establish requirements and procedures under
which every voucher certified for payment by the Library of Congress
under this chapter shall be supported with a certification by a duly
authorized officer or employee of the Tribunal, and shall prescribe the
responsibilities and accountability of said officers and employees of
the Tribunal with respect to such certifications.

Section 807. Deduction of costs of proceedings.

Before any funds are distributed pursuant to a final decision in a
proceeding involving distribution of royalty fees, the Tribunal shall
assess the reasonable costs of such proceeding.

Section 808. Reports.

In addition to its publication of the reports of all final
determinations as provided in section 803(b), the Tribunal shall make
an annual report to the President and the Congress concerning the
Tribunal's work during the preceding fiscal year, including a detailed
fiscal statement of account.

Section 809. Effective date of final determinations.

Any final determination by the Tribunal under this chapter shall
become effective thirty days following its publication in the Federal
Register as provided in section 803(b), unless prior to that time an
appeal has been filed pursuant to section 810, to vacate, modify, or
correct such determination, and notice of such appeal has been served on
all parties who appeared before the Tribunal in the proceeding in
question. Where the proceeding involves the distribution of royalty
fees under sections 111 or 116, the Tribunal shall, upon the expiration of
such thirty-day period, distribute any royalty fees not subject to an
appeal filed pursuant to section 810.

Section 810. Judicial review.

Any final decision of the Tribunal in a proceeding under section 801(b)
may be appealed to the United States Court of Appeals, within thirty
days after its publication in the Federal Register by an aggrieved
party. The judicial review of the decision shall be had, in accordance
with chapter 7 of title 5, on the basis of the record before the Tribunal.
No court shall have jurisdiction to review a final decision of the
Tribunal except as provided in this section.

Book of the day: