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S. 22 (94th): Design Protection Act


The text of the bill below is as of Oct 19, 1976 (Passed Congress).

Summary of this bill

Source: Wikipedia

The Copyright Act of 1976 is a United States copyright law and remains the primary basis of copyright law in the United States, as amended by several later enacted copyright provisions. The Act spells out the basic rights of copyright holders, codified the doctrine of "fair use," and for most new copyrights adopted a unitary term based on the date of the author's death rather than the prior scheme of fixed initial and renewal terms. It became Public Law number 94-553 on October 19, 1976 and went into effect on January 1, 1978.

This summary is from Wikipedia.


PUBLIC LAW 94-553—OCT. 19, 1976                               90 STAT. 2541

Public Law 94-553
94th Congress
                                  An Act
For the general revision of the Copyright Law, title 17 of the United States          Oct. 19, 1976
                         Code, and for other purposes.                                   [S. 22]

  Be It enacted hy the Senate and House of Representatives              of the
United States of America in Congress assennhled^                                    Title 17, USC,
                                                                                    copyrights.
      TITLE I—GENERAL REVISION OF COPYRIGHT LAW
   SEC. 101. Title 17 of the United States Code, entitled "Copyrights",
is hereby amended in its entirety to read as follows:

                          TITLE 17—COPYRIGHTS
CHAPTER                                                                      Sec.
1.    SUBJECT MATTER AND SCOPE OF COPYRIGHT                                 101
2.    COPYRIGHT OWNERSHIP AND TRANSFER                                      201
3.    DURATION OF COPYRIGHT                                                 301
4     COPYRIGHT NOTICE, DEPOSIT, AND REGISTRATION                           401
").   COPYRIGHT INFRINGEMENT AND REMEDIES                                   501
6.    MANUFACTURING REQUIREMENT AND IMPORTATION                             601
7.    COPYRIGHT OFFICE                                                      701
8.    COPYRIGHT ROYALTY TRIBUNAL                                            801

           Chapter 1.—SUBJECT M A T T E R A N D SCOPE OF
                           COPYRIGHT
Sec.                                                                                    '
101. Definitions.
102. Subject matter of copyright: In general.
103. Subject matter of copyright: Compilations and derivative works.
104. Subject matter of copyright: National origin.
105. Subject matter of copyright: United States Government works.
106. Exclusive rights in copyrighted works.
107. Limitations on exclusive rights : Fair use.
108. Limitations on exclusive rights: Reproduction by libraries and archives.
109. Limitations on exclusive rights: Effect of transfer of particular copy or
       phonorecord.
110. Limitations on exclusive rights: Exemption of certain performances and
       displays.
111. Limitations on exclusive rights: Secondary transmissions.
112. Limitations on exclusive rights: Ephemeral recordings.
113. Scope of exclusive rights in pictorial, graphic, and sculptural works.
114. Scoi)e of exclusive rights in sound recordings.
115. Scope of exclusive rights in nondramatic musical works : Compulsory license
       for making and distributing phonorecords.
116. Scope of exclusive rights in nondramatic musical works: Public perform-
       ances by means of coin-operated phonorecord players.
117. Scope of exclusive rights: Use in conjunction with computers and similar
       information systems.
118. Scope of exclusive rights: Use of certain works in connection with non-
       commercial broadcasting.
§ 101. Definitions                                                                   17 USC lOl.
  As used in this title, tlie following terms and their variant forms
mean the following:
       A n "anonymous work" is a work on the copies or phonorecords
     of which no natural person is identified as author.
        "Audiovisual works" are Avorks that consist of a series of related
     images which are intrinsically intended to be shown by the use
     of machines or devices such as projectors, viewers, or electronic
     equipment, together with accompanying sounds, if any, regardless




      89-194 O—78—pt. 2   68

90 STAT. 2542 PUBLIC LAW 94-553—OCT. 19, 1976 of the nature of the material objects, such as films or tapes, in which the works are embodied. The "best edition" of a work is the edition, published in the United States at any time before the date of deposit, that the Library of Congress determines to be most suitable for its purposes. A person's "children" are that person's immediate offspring, whether legitimate or not, and any children legally adopted by that person. A "collective work" is a work, such as a periodical issue, anthology, or encyclopedia, in which a number of contributions, constituting separate and independent works in themselves, are assembled into a collective whole. A "compilation" is a work formed by the collection and assem- bling of preexisting materials or of data that are selected, coordi- nated, or arranged in such a way that the resulting work as a whole constitutes an original work of authorship. The term "com- pilation" includes collective works. "Copies" are material objects, other than phonorecords, in which a work is fixed by any method now known or later developed, and from which the work can be perceived, reproduced, or other- wise communicated, either directly or with the aid of a machine or device. The term "copies" includes the material object, other than a phonorecord, in which the work is first fixed. "Copyright owner", with respect to any one of the exclusive rights comprised in a copyright, refers to the owner of that par- ticular right. A work is "created" when it is fixed in a copy or phonorecord for the first time; where a work is prepared over a period of time, the portion of it that has been fixed at any particular time constitutes the work as of that time, and where the work has been prepared in different versions, each version constitutes a separate work. A "derivative work" is a work based upon one or more preexist- ing works, such as a translation, musical arrangement, dramatiza- tion, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship, is a "derivative work". A "device", "machine", or "process" is one now known or later developed. To "display" a work means to show a copy of it, either directly or by means of a film, slide, television image, or any other device or process or, in the case of a motion picture or other audiovisual work, to show individual images nonsequentially. A work is "fixed" in a tangible medium of expression when its embodiment in a copjr or phonorecord, by or under the authority of the author, is sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration. A work consisting of sounds, images, or both, that are being transmitted, is "fixed" for purposes of this title if a fixation of the work is being made simultaneously with its transmission. •' The terms "including" and "such as" are illustrative and not limitative.
PUBLIC LAW 94-553—OCT. 19, 1976 90 STAT. 2543 A "joint work" is a work prepared by two or more authors with the intention that their contributions be merged into inseparable or interdependent parts of a unitary whole. "Literary works" are works, other than audiovisual works, expressed in words, numbers, or other verbal or numerical symbols or indicia, regardless of the nature of the material objects, such as books, periodicals, manuscripts, phonorecords, film, tapes, disks, or cards, in which they are embodied. "Motion pictures" are audiovisual works consisting of a series of related images which, when shown in succession, impart an impression of motion, together with accompanying sounds, if any. To "perform" a work means to recite, render, play, dance, or act it, either directly or by means of any device or process or, in the case of a motion picture or other audiovisual work, to show its images in any sequence or to make the sounds accompanying it audible. "Phonorecords" are material objects in which sounds, other than those accompanying a motion picture or other audiovisual work, are fixed by any method now known or later developed, and from which the sounds can be perceived, reproduced, or other- wise communicated, either directly or with the aid of a machine or device. The term "phonorecords" includes the material object in which the sounds are first fixed. "Pictorial, graphic, and sculptural works" include two-dimen- sional and three-dimensional works of fine, graphic, and applied art, photographs, prints and art reproductions, maps, globes, charts, technical drawings, diagrams, and models. Such works shall include works of artistic craftsmanship insofar as their form but not their mechanical or utilitarian aspects are concerned; the design of a useful article, as defined in this section, shall be con- sidered a pictorial, graphic, or sculptural work only if, and only to the extent that, such design incorporates pictorial, graphic, or sculptural features that can be identified separately from, and are capable of existing independently of, the utilitarian aspects of the article. A "pseudonymous work" is a work on the copies or phono- records of which the author is identified under a fictitious name. "Publication" is the distribution of copies or phonorecords of a work to the public by sale or other transfer of ownership, or by rental, lease, or lending. The offering to distribute copies or phono- records to a group of persons for purposes of further distribution, public performance, or public display, constitutes publication. A public performance or display of a work does not of itself con- stitute publication. To perform or display a work "publicly" means— (1) to perform or display it at a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered; or (2) to transmit or otherwise communicate a performance or display of the work to a place specified by clause (1) or to the public, by means of any device or processs, whether the members of the public capable of receiving the perform- ance or display receive it in the same place or in separate places and at the same time or at different times. ••
90 STAT. 2544 , PUBLIC LAW 94-553—OCT. 19, 1976 "Sound recordings" are works that result from the fixation of a series of musical, spoken, or other sounds, but not including the sounds accompanying a motion picture or other audiovisual work, regardless of the nature of the material objects, such as disks, tapes, or other phonorecords, in which they are embodied. "State" includes the District of Columbia and the Common- wealth of Puerto Rico, and any territories to which this title is made applicable by an Act of Congress. A "transfer of copyright ownership" is an assignment, mort- gage, exclusive license, or any other conveyance, alienation, or hypothecation of a copyright or of any of the exclusive rights comprised in a copyright, whether or not it is limited in time or place of efl'ect, but not including a nonexclusive license. A "transmission program" is a body of material that, as an aggregate, has been produced for the sole purpose of transmis- sion to the public in sequence and as a unit. To "transmit" a performance or display is to communicate it by any device or process whereby images or sounds are received beyond the place from which they are sent. The "United States", when used in a geographical sense, com- prises the several States, the District of Columbia and the Com- monwealth of Puerto Rico, and the organized territories under the jurisdiction of the United States Government. A "useful article" is an article having an intrinsic utilitarian function that is not merely to portray the appearance of the article or to convey information. An article that is normally a part of a useful article is considered a "useful article". The author's "widow" or "widower" is the author's surviving spouse under the law of the author's domicile at the time of his or her death, whether or not the spouse has later remarried. A "work of the United States Government" is a work prepared by an officer or employee of the United States Government as part of that person's official duties. A "work made for hire" is— (1) a work prepared by an employee within the scope of his or her employment; or (2) a work specially ordered or commissioned for use as a contribution to a collective work, as a part of a motion picture or other audiovisual work, as a translation, as a sup- plementary work, as a compilation, as an instructional text, as a test, as answer material for a test, or as an atlas, if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire. For the purpose of the foregoing sentence, a "supplementary work" is a Avork prepared for publication as a secondary adjunct to a Avork by another author for the purpose of introducing, concluding, illustrating, explaining, revising, commenting upon, or assisting in the use of the other work, such as forewords, afterwords, pictorial illustrations, maps, charts, tables, editorial notes, musical arrangements, answer material for tests, bibliographies, appendixes, and indexes, and an "instructional text" is a literary, pictorial, or graphic work prepared for publication and with the purpose of use in systematic instructional activities. 17 use 102. § 102. Subject matter of copyright: In general (a) Copyright protection subsists, in accordance with this title, in original works of authorship fixed in any tangible medium of expres-
PUBLIC LAW 94-553—OCT. 19, 1976 9 0 STAT. 2 5 4 5 sion, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with t h e aid of a machine or device. W o r k s of authorship include the following Works of categories: authorship. (1) literary works; (2) musical works, including any accompanying w o r d s ; " (3) dramatic works, including a n y accompanying music; (4) pantomimes and choreographic works; ^5) pictorial, graphic, and sculptural w o r k s ; (6) motion pictures and other audiovisual works; and (7) sound recordings. (b) I n no case does copyright protection for a n original work of authorship extend to a n y idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of t h e form in which it is described, explained, illustrated, or embodied in such work. § 103. Subject matter of copyright: Compilations and derivative 17 USC 103. works (a) T h e subject matter of copyright as specified by section 102 includes compilations and derivative works, but protection for a work employing preexisting material in which copyright subsists does n o t extend to any p a r t of the work in which such material has been used unlawfully. (b) T h e copyright in a compilation or derivative work extends only to t h e material contributed by t h e author of such work, as distin- guished from the preexisting material employed in the work, and does not imply any exclusive r i g h t in t h e preexisting material. T h e copy- r i g h t in such work is independent of, a n d does not affect or enlarge the scope, duration, ownership, or subsistence of, a n y copyright pro- tection in the preexisting material. § 104. Subject matter of copyright: National origin 17 USC 104. ( a ) U N P U B L I S H E D W O R K S . — T h e works specified by sections 102 a n d 103, while unpublished, are subject to protection under this title with- out regard to the nationality or domicile of the author. ( b ) P U B L I S H E D W O R K S . — T h e works specified by sections 102 a n d 103, when published, are subject t o protection under this title if— (1) on t h e date of first publication, one or more of the authors is a national or domiciliary of the United States, or is a national, domiciliary, or sovereign authority of a foreign nation t h a t is a p a r t y t o a copyright treaty to which the United States is also a p a r t y , o r is a stateless person, wherever t h a t person m a y b e domiciled; or (2) t h e work is first published in t h e United States or in a foreign nation that, on the date of first publication, is a p a r t y t o the Universal Copyright Convention; or (3) t h e work is first published by the United Nations or a n y of its specialized agencies, or by t h e Organization of American S t a t e s ; or (4) the work comes within the scope of a Presidential proclama- tion. Whenever the President finds t h a t a particular foreign nation extends, to works by authors who are nationals or domi- ciliaries of t h e United States or t o works t h a t are first published in t h e United States, copyright protection on substantially t h e same basis as t h a t on which the foreign nation extends protection to works of its own nationals a n d domiciliaries a n d works first published i n t h a t nation, the President m a y by proclamation extend protection under this title t o works of which one or more
90 STAT. 2546 PUBLIC LAW 94-553—OCT. 19, 1976 of the authors is, on the date of first publication, a national, domiciliary, or sovereign authority of that nation, or which was first published in that nation. The President may revise, suspend, or revoke any such proclamation or impose any conditions or limitations on protection under a proclamation. 17 use 105. §105. Subject matter of copyright: United States Government works Copyright protection under this title is not available for any work of the United States Government, but the United States Government is not precluded from receiving and holding copyrights transferred to it by assignment, bequest, or otherwise. 17 use 106. § 106. Exclusive rights in copyrighted works Subject to sections 107 through 118, the owner of copyriglit under this title has the exclusive rights to do and to authorize any of the following: (1) to reproduce the copyrighted work in copies or phonorecords; (2) to prepare derivative works based upon the copyrighted work; (3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending; (4) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly; and (5) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly. 17 use 107. § 107. Limitations on exclusive rights: Fair use Notwithstanding the provisions of section 106, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include— (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in rela- tion to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value o f the copyrighted work. 17 use 108. § 108. Limitations on exclusive rights: Reproduction by libraries and archives (a) Notwithstanding the provisions of section 106, it is not an infringement of copyright for a library or archives, or any of its employees acting within the scope of their employment, to reproduce no more than one copy or phonorecord of a work, or to distribute such copy or phonorecord, under the conditions specified by this section, if— (1) the reproduction or distribution is made without any pur- pose of direct or indirect commercial advantage;
PUBLIC LAW 94-553—OCT. 19, 1976 90 STAT. 2547 (2) the collections of the library or archives are (i) open to the public, or (ii) available not only to researchers affiliated with the library or archives or with the institution of which it is a part, but also to other persons doing research in a specialized field; and (3) the reproduction or distribution of the work includes a notice of copyright. (b) The rights of reproduction and distribution under this section apply to a copy or phonorecord of an unpublished work duplicated in facsimile form solely for purposes of preservation and security or for deposit for research use in another library or archives of the type described by clause (2) of subsection (a), if the copy or phonorecord reproduced is currently in the collections of the library or archives. (c) The right of reproduction under this section applies to a copy or phonorecord of a published work duplicated in facsimile form solely for the purpose of replacement of a copy or phonorecord that is damaged, deteriorating, lost, or stolen, if the library or archives has, after a reasonable effort, determined that an unused replacement cannot be obtained at a fair price. (d) The rights of reproduction and distribution under this section apply to a copy, made from the collection of a library or archives where the user makes his or her request or from that of another library or archives, of no more than one article or other contribution to a copyrighted collection or periodical issue, or to a copy or phonorecord of a small part of any other copyrighted work, if— (1) the copy or phonorecord becomes the property of the user, and the library or archives has had no notice that the copy or phonorecord would be used for any purpose other than private study, scholarship, or research; and (2) the library or archives displays prominently, at the place where orders are accepted, and includes on its order form, a warn- ing of copyright in accordance with requirements that the Register of Copyrights shall prescribe by regulation, (e) The rights of reproduction and distribution under this section apply to the entire work, or to a substantial part of it, made from the collection of a library or archives where the user makes his or her request or from that of another library or archives, if the library or archives has first determined, on the basis of a reasonable investiga- tion, that a copy or phonorecord of the copyrighted work cannot be obtained at a pair price, if— (1) the copy or phonorecord becomes the property of the user, and the library or archives has had no notice that the copy or phonorecord would be used for any purpose other than private study, scholarship, or research; and (2) the library or archives displays prominently, at the place '' * »^' where orders are accepted, and includes on its order form, a warn- ing of copyright in accordance with requirements that the Regis- ter of Copyrights shall prescribe by regulation. (f) Nothing in this section— (1) shall be construed to impose liability for copyright infringement upon a library or archives or its employees for the unsupervised use of reproducing equipment located on its ;, , wi/i premises: Provided, That such equipment displays a notice that the making of a copy may be subject to the copyright law; (2) excuses a person who uses such reproducing equipment or who requests a copy or phonorecord under subsection (d) from liability for copyright infringement for any such act, or for any later use of such copy or phonorecord, if it exceeds fair use as provided by section 107;
90 STAT. 2548 PUBLIC LAW 94-553—OCT. 19, 1976 (3) shall be construed to limit the reproduction and distribu- tion by lending of a limited number of copies and excerpts by a library or archives of an audiovisual news program, subject to clauses (1), (2), and (3) of subsection (a) ; or (4) in any way affects the right of fair use as provided by section 107, or any contractual obligations assumed at any time by the library or archives when it obtained a copy or phonorecord of a work in its collections. (g) The rights of reproduction and distribution under this section extend to the isolated and unrelated reproduction or distribution of a single copy or phonorecord of the same material on separate occasions, l)ut do not extend to cases where the library or archives, or its employee— (1) is aware or has substantial reason to believe that it is engaging in the related or concerted reproduction or distribution of multiple copies or phonorecords of the same material, whether made on one occasion or over a period of time, and whether intended for aggregate use by one or more individuals or for separate use by the individual members of a group; or , (2) engages in the systematic reproduction or distribution of single or multiple copies or phonorecords of material described in subsection ( d ) : Provided, That nothing in this clause prevents a library or archives from participating in interlibrary arrange- ments that do not have, as their purpose or effect, that the library or archives receiving such copies or phonorecords for distribution does so in such aggregate quantities as to substitute for a sub- scription to or purchase of such work, (h) The rights of reproduction and distribution under this section do not apply to a musical work, a pictorial, graphic or sculptural work, or a motion picture or other audiovisual work other than an audiovisual work dealing with news, except that no such limitation shall apply with respect to rights granted by subsections (b) and(c), or with respect to pictorial or graphic works published as illustra- tions, diagrams, or similar adjuncts to works of which copies are reproduced or distributed in accordance with subsections (d) and (e). Report to (i) Five years from the effective date of this Act, and at five-year Congress. intervals thereafter, the Register of Copyrights, after consulting with representatives of authors, book and periodical publishers, and other owners of copyrighted materials, and with representatives of library users and librarians, shall submit to the Congress a report setting forth the extent to which this section has achieved the intended statu- tory balancing of the rights of creators, and the needs of users. The report should also describe any problems that may have arisen, and present legislative or other recommendations, if warranted. 17 use 109. §109. Limitations on exclusive rights: Effect of transfer of par- ticular copy or phonorecord Sale or disposal. (a) Notwithstanding the provisions of section 106(3), the owner of a particular copy or phonorecord lawfully made under this title, or any person authorized by such owner, is entitled, without the authority of the copyright owner, to sell or otherwise dispose of the possession of that copy or phonorecord. Public display. (b) Notwithstanding the provisions of section 106(5), the owner of a particular copy lawfully made under this title, or smj person author- ized by such owner, is entitled, without the authority of the copy- right owner, to display that copy publicly, either directly or by the projection of no more than one image at a time, to viewers present at the place where the copy is located.
PUBLIC LAW 94-553—OCT. 19, 1976 90 STAT. 2549 (c) The privileges prescribed by subsections (a) and (b) do not, unless authorized by the coyright owner, extend to any person who has acquired possession of the copy or phonorecord from the copy- right owner, by rental, lease, loan, or otherwise, without acquiring ownership of it. § 110. Limitations on exclusive rights: Exemption of certain per- 17 USC llO. formances and displays Notwithstanding the provisions of section 106, the following are not infringements of copyright: (1) performance or display of a work by instructors or pupils in the course of face-to-face teaching activities of a nonprofit edu- cational institution, in a classroom or similar place devoted to instruction, unless, in the case of a motion picture or other audio- visual work, the performance, or the display of individual images, is given by means of a copy that was not lawfully made under this title, and that the person responsible for the performance knew or had reason to believe was not lawfully made; (2) performance of a nondramatic literary or musical work or display of a work, by or in the course of a transmission, if— (A) the performance or display is a regular part of the systematic instructional activities of a governmental body or a nonprofit educational institution; and (B) the performance or display is directly related and of material assistance to the teaching content of the transmis- sion; and (C) the transmission is made primarily for— (i) reception in classrooms or similar places normally devoted to instruction, or (ii) reception by persons to whom the transmission is directed because their disabilities or other special cir- cumstances prevent their attendance in classrooms or similar places normally devoted to instruction, or , (iii) reception by officers or employees of govern- mental bodies as a part of their official duties or employ- ment; (3) performance of a nondramatic literary or musical work or of a dramatico-musical work of a religious nature, or display of a work, in the course of services at a place of worship or other religious assembly; (4) performance of a nondramatic literary or musical work otherwise than in a transmission to the public, without any pur- pose of direct or indirect commercial advantage and without payment of any fee or other compensation for the performance to any of its performers, promoters, or organizers, if— (A) there is no direct or indirect admission charge; or (B) the proceeds, after deducting the reasonable costs of Notice of producing the performance, are used exclusively for educa- objection to tional, religious, or charitable purposes and not for private performance, financial gain, except where the copyright owner has served notice of objection to the performance under the following conditions; (i) the notice shall be in writing and signed by the copyright owner or such owner's duly authorized agent; and " * (ii) the notice shall be served on the person respon- sible for the performance at least seven days before the date of the performance, and shall state the reasons for the objection; and
90 STAT. 2550 PUBLIC LAW 94-553—OCT. 19, 1976 Regulation. (iii) the notice shall comply, in form, content, and manner of service, with requirements that the Register of Copyrights shall prescribe by regulation; (5) communication of a transmission embodying a perform- ance or display of a work by the public reception of the trans- mission on a single receiving apparatus of a kind commonly used in private homes, unless— (A) a direct charge is made to see or hear the transmission; or (B) the transmission thus received is further transmitted to the public; (6) performance of a nondramatic musical work by a govern- mental body or a nonprofit agricultural or horticultural organiza- tion, in the course of an annual agricultural or horticultural fair or exhibition conducted by such body or organization; the exemp- tion provided by this clause shall extend to any liability for copy- right infringement that would otherwise be imposed on such body or organization, under doctrines of vicarious liability or related infringement, for a performance by a concessionnaire, business establishment, or other person at such fair or exhibition, but shall not excuse any such person from liability for the performance; (7) performance of a nondramatic musical work by a vending establishment open to the public at large without any direct or indirect admission charge, where the sole purpose of the per- formance is to promote the retail sale of copies or phonorecords of the work, and the performance is not transmitted beyond the place where the establishment is located and is within the imme- diate area where the sale is occurring; (8) performance of a nondramatic literary work, by or in the course of a transmission specifically designed for and primarily directed to blind or other handicapped persons who are unable to read normal printed material as a result of their handicap, or deaf or other handicapped persons who are unable to hear the aural signals accompanying a transmission of visual signals, if the performance is made without any purpose of direct or indirect commercial advantage and its transmission is made through the facilities of: (i) a governmental body; or (ii) a noncommercial educational broadcast station (as defined in section 397 of title 47); or (iii) a radio subcarrier authorization (as defined in 47 CFR 73.293-73.295 and 73.593-73.595); or (iv) a cable system (as defined in section 111(f)). (9) performance on a single occasion of a dramatic literary work published at least ten years before the date of the perform- ance, by or in the course of a transmission specifically designed for and primarily directed to blind or other handicapped persons who are unable to read normal printed material as a result of their handicap, if the performance is made without any purpose of direct or indirect commercial advantage and its transmission is made through the facilities of a radio subcarrier authorization referred to in clause (8) (iii). Provided, That the provisions of this clause shall not be applicable to more than one performance of the same work by the same performers or under the auspices of the same organization. 17 use 111. §111. Limitations on exclusive rights: Secondary transmissions (a) CERTAIN SECONDARY TRANSMISSIONS EXEMPTED.—The second- ary transmission of a primary transmission embodying a performance or display of a work is not an infringement of copyright if—
PUBLIC LAW 94-553—OCT. 19, 1976 90 STAT. 2551 (1) the secondary transmission is not made by a cable system, and consists entirely of the relaying, by the management of a hotel, apartment house, or similar establishment, of signals trans- mitted by a broadcast station licensed by the Federal Communi- cations Commission, within the local service area of such station, to the private lodgings of quests or residents of such establish- ment, and no direct charge is made to see or hear the secondary transmission; or (2) the secondary transmission is made solely for the purpose and under the conditions specified by clause (2) of section 110; or (3) the secondary transmission is made by any carrier who has no direct or indirect control over the content or selection of the primary transmission or over the particular recipients of the secondary transmission, and whose activities with respect to the . • secondary transmission consist solely of providing wires, cables, or other communications channels for the use of othei-s: Provided, That the provisions of this clause extend only to the activities of said carrier with respect to secondary transmissions and do not exempt from liability the activities of others with respect to their own primary or secondary transmissions; or (4) the secondary transmission is not made by a cable system but is made by a governmental body, or other nonprofit organiza- tion, without any purpose of direct or indirect commercial advan- tage, and without charge to the recipients of the secondary transmission other than assessments necessary to defray the actual and reasonable costs of maintaining and operating the secondary transmission service. (b) SECONDARY TRANSMISSION or PRIMARY TRANSMISSION TO CON- TROLLED GROUP.—Notwithstanding the provisions of subsections (a) and (c), the secondary transmission to the public of a primary transmission embodying a performance or display of a work is action- ' ..=. able as an act of infringement under section 501, and is fully subject '• • to the remedies provided by sections 502 through 506 and 509, if the primary transmission is not made for reception by the public at large but is controlled and limited to reception by particular members of the public: Provided, however. That such secondary transmission is not actionable as an act of infringement if— (1) the primary transmission is made by a broadcast station licensed by the Federal Communications Commission; and (2) the carriage of the signals comprising the secondary trans- mission is required under the rules, regulations, or authorizations of the Federal Communications Commission; and (3) the signal of the primary transmitter is not altered or changed in any way by the secondary transmitter. (c) SECONDARY TRANSMISSIONS BY CABLE SYSTEMS,— (1) Subject to the provisions of clauses (2), (3), and (4) of this subsection, secondary transmissions to the public by a cable system of a primary transmission made by a broadcast station licensed by the Federal Communications Commission or by an appropriate governmental authority of Canada or Mexico and embodying a performance or display of a work shall be subject to compulsory licensing upon compliance with the requirements of subsection (d) where the carriage of the signals comprising the secondary transmission is permissible under the rules, regulations^ or authorizations of the Federal Communications Commission. (2) Notwithstanding the provisions of clause (1) of this sub- section, the willful or repeated secondary transmission to the public by a cable system of a primary transmission made by a
90 STAT. 2552 PUBLIC LAW 94-553—OCT. 19, 1976 broadcast station licensed by the Federal Communications Com- mission or by an appropriate governmental authority of Canada or Mexico and embodying a performance or display of a work is actionable as an act of infringement under section 501, and is fully subject to the remedies provided by sections 502 through 506 and 509, in the following cases: (A) where the carriage of the signals comprising the sec- ondary transmission is not permissible under the rules, regu- lations, or authorizations of the Federal Communications Commission; or (B) where the cable system has not recorded the notice specified by subsection (d) and deposited the statement of account and royalty fee required by subsection (d). Alteration, (3) Notwithstanding the provisions of clause (1) of this sub- deletion, or section and subject to the provisions of subsection (e) of this substitution. section, the secondary transmission to the public by a cable system of a primary transmission made by a broadcast station licensed by the Federal Communications Commission or by an appropriate governmental authority of Canada or Mexico and embodying a performance or display of a work is actionable as an act of infringement under section 501, and is fully subject to the reme- dies provided by sections 502 through 506 and sections 509 and 510, if the content of the particular program in which the per- formance or display is embodied, or any commercial advertising or station announcements transmitted by the primary transmitter during, or immediately before or after, the transmission of such program, is in any way willfully altered by the cable system through changes, deletions, or additions, except for the alteration, deletion, or substitution of commercial advertisements performed by those engaged in television commercial advertising market Prior consent of research: Provided, That the research company has obtained the advertiser. prior consent of the advertiser who has purchased the original commercial advertisement, the television station broadcasting that commercial advertisement, and the cable system performing the secondary transmission: And provided further, That such com- mercial alteration, deletion, or substitution is not performed for the purpose of deriving income from the sale of that commercial time. (4) Notwithstanding the provisions of clause (1) of this sub- section, the secondary transmission to the public by a cable sys- tem of a primary transmission made by a broadcast station licensed by an appropriate governmental authority of Canada or Mexico and embodying a performance or display of a work is actionable as an act of infringement under section 501, and is fully subject to the remedies provided by sections 502 through 506 and section 509, if (A) with respect to Canadian signals, the community of the cable system is located more than 150 miles from the United States-Canadian border and is also located south of the forty-second parallel of latitude, or (B) with respect to Mexican signals, the secondary transmission is made by a cable system which received the primary transmission by means other than direct interception of a free space radio wave emitted by such broadcast television station, unless prior to April 15, 1976, such cable system was actually carrying, or was specifically authorized to carry, the signal of such foreign station on the system pursuant to the rules, regulations, or authorizations of the Federal Communications Commission.
PUBLIC LAW 94-553—OCT. 19, 1976 90 STAT. 2553 (d) COMPULSORY LICENSE FOR SECONDARY TRANSMISSIONS BY CABLE SYSTEMS.— (1) For any secondary transmission to be subject to compul- Notice. sory licensing under subsection (c), the cable system shall, at least one month before the date of the commencement of opera- tions of the cable system or within one hundred and eighty days after the enactment of this Act, whichever is later, and there- after within thirty days after each occasion on which the owner- ship or control or the signal carriage complement of the cable system changes, record in the Copyright Office a notice including a statement of the identity and address of the person who owns or operates the secondary transmission service or has power to exercise primary control over it, together with the name and location of the primary transmitter or primary transmitters whose signals are regularly carried by the cable system, and there- after, from time to time, such further information as the Register of Copyrights, after consultation with the Copyright Royalty Tribunal (if and when the Tribunal has been constituted), shall prescribe by regulation to carry out the purpose of this clause. (2) A cable system whose secondary transmissions have been subject to compulsory licensing under subsection (c) shall, on a semiannual basis, deposit with the Register of Copyrights, in accordance with requirements that the Register shall, after con- sultation with the Copyright Royalty Tribunal (if and when the Tribunal has been constituted), prescribe by regulation— (A) a statement of account, covering the six months next Statement of preceding, specifying the number of channels on which the account. cable system made secondary transmissions to its subscribers, the names and locations of all primary transmitters whose transmissions were further transmitted by the cable system, the total number of subscribers, the gross amounts paid to the cable system for the basic service of providing secondary transmissions of primary broadcast transmitters, and such other data as the Register of Copyrights may, after consulta- tion with the Copyright Royalty Tribunal (if and when the Tribunal has been constituted), from time to time prescribe by regulation. Such statement shall also include a special Nonnetwork statement of account covering any nonnetwork television television programming that was carried by the cable system in whole programming. or in part beyond the local service area of the primary transmitter, under rules, regulations, or authorizations of the Federal Communications Commission permitting the substitution or addition of signals under certain circum- stances, together with logs showing the times, dates, stations, and programs involved in such substituted or added carriage; ; and (B) except in the case of a cable system whose royalty is Total royalty fee. specified in subclause (C) or (D), a total royalty fee for the period covered by the statement, computed on the basis of specified percentages of the gross receipts from subscribers to the cable service during said period for the basic service of providing secondary transmissions of primary broadcast transmitters, as follows: (i) 0.675 of 1 per centum of such gross receipts for the privilege of further transmitting any nonnetwork programing of a primary transmitter in whole or in part beyond the local service area of such primary trans- mitter, such amount to be applied against the fee, if any, payable pursuant to paragraphs (ii) through ( i v ) ;
90 STAT. 2554 PUBLIC LAW 94-553—OCT. 19, 1976 5 TK (ii) 0.675 of 1 per centum of such gross receipts for the first distant signal equivalent; (iii) 0.425 of 1 per centum of such gross receipts for each of the second, t h i r d , and fourth distant signal equivalents; (iv) 0.2 of 1 per centum of such gross receipts for the fifth distant signal equivalent and each additional distant signal equivalent thereafter; and in computing the amounts payable under p a r a g r a p h (ii) t h r o u g h ( i v ) , above, any fraction of a distant signal equiv- alent shall be computed at its fractional value and, in the case of any cable system located p a r t l y within and p a r t l y without the local service area of a p r i m a r y transmitter, gross receipts shall be limited to those gross receipts derived from subscribers located without the local service area of such p r i m a r y t r a n s m i t t e r ; and (C) if the actual gross receipts paid by subscribers to a cable system for the period covered by the statement for the basic service of providing secondary transmissions of pri- mary broadcast transmitters total $80,000 or less, gross receipts of the cable system for the purpose of this subclause shall be computed by subtracting from such actual gross receipts the amount by which $80,000 exceeds such actual gross receipts, except that in no case shall a cable system's gross receipts be reduced to less than $3,000. The royalty fee payable under this subclause shall be 0.5 of 1 per centum, regardless of the number of distant signal equivalents, if any; and (D) if the actual gross receipts paid by subscribers to a cable system for the period covered by the statement, for the basic service of providing secondary transmissions of primary broadcast transmitters, are more than $80,000 but less than $160,000, the royalty fee payable under this subclause shall be (i) 0.5 of 1 per centum of any gross receipts up to $80,000; and (ii) 1 per centum of any gross receipts in excess of $80,000 but less than $160,000, regardless of the number of distant signal equivalents, if any. (3) The Register of Copyrights shall receive all fees deposited under this section and, after deducting the reasonable costs incurred by the Copyright Office under this section, shall deposit the balance in the Treasury of the United States, in such manner as the Secretary of the Treasury directs. All funds held by the Secretary of the Treasury shall be invested in interest-bearing United States securities for later distribution with interest by the Statements of Copyright Royalty Tribunal as provided by this title. The Reg- account, ister shall submit to the Copyright Royalty Tribunal, on a semi- submittal to annual basis, a compilation of all statements of account covering Copyright the relevant six-month period provided by clause (2) of this sub- Royalty Tribunal. section. Royalty fees, (4) The royalty fees thus deposited shall, in accordance with distribution. the procedures provided by clause (5), be distributed to those among the following copyright owners who claim that their works were the subject of secondary transmissions by cable systems during the relevant semiannual period: (A) any such owner whose work was included in a sec- ondary transmission made by a cable system of a nonnet- work television program in whole or in part beyond the local service area of the primary transmitter; and
PUBUC LAW 94-553—OCT. 19, 1976 90 STAT. 2555 (B) any such owner whose work was included in a second- ary transmission identified in a special statement of account deposited under clause (2) ( A ) ; and (C) any such owner whose work was included in nonnet- work programing consisting exclusively of aural signals carried by a cable system in whole or in part beyond the local service area of the primary transmitter of such programs. (5) The royalty fees thus deposited shall be distributed in Royalty fees, accordance with the following procedures: distribution (A) During the month of July in each year, every person procedures. claiming to be entitled to compulsory license fees for second- ary transmissions shall file a claim with the Copyright Royalty Tribunal, in accordance with requirements that the Tribunal shall prescribe by regulation. Notwithstanding any provisions of the antitrust laws, for purposes of this clause any claimants may agree among themselves as to the propor- tionate division of compulsory licensing fees among them, may lump their claims together and file them jointly or as a single claim, or may designate a common agent to receive payment on their behalf. (B) After the first day of August of each year, the Copy- right Royalty Tribunal shall determine whether there exists a controversy concerning the distribution of royalty fees. If the Tribunal determines that no such controversy exists, it shall, Ufter deducting its reasonable administrative costs under tliis section, distribute such fees to the copyright owners entitled, or to their designated agents. If the Tribunal finds the existence of a controversy, it shall, pursuant to chapter 8 of this title, conduct a proceeding to determine the Post, p. 2594. distribution of royalty fees. (C) During the pendency of any proceeding under this subsection, the Copyright Royalty Tribunal shall withhold from distribution an amount sufficient to satisfy all claims with respect to which a controversy exists, but shall liave discretion to proceed to distribute any amounts that are not in controversy. ( e ) NONSIMULTANEOUS SECONDARY TRANSMISSIONS BY C A B L E S Y S - 'I'EMS.— (1) Notwithstanding those provisions of the second paragraph of subsection (f) relating to nonsimultaneous secondary trans- missions by a cable system, any such transmissions are actionable as an act of infringement under section 501, and are fully subject to the remedies ])rovided by sections 502 through 506 and sections 509 and 510, unless— (A) the program on the videotape is transmitted no more than one time to the cable system's subscribers; and ; (B) the copyrighted program, episode, or motion picture videotape, including the commercials contained within such program, episode, or picture, is transmitted without deletion or editing; and (C) an owner or officer of the cable system (i) prevents the duplication of the videotape while in the possession of the system, (ii) prevents unauthorized duplication while in the possession of the facility making the videotape for the system if the system owns or controls the facility, or takes .'*•!- J: reasonable precautions to prevent such duplication if it does
90 STAT. 2556 PUBLIC LAW 94-553—OCT. 19, 1976 not own or control the facility, (iii) takes adequate precau- tions to prevent duplication while the tape is being trans- ported, and (iv) subject to clause (2), erases or destroys, or causes the erasure or destruction of, the videotape; and (D) within forty-five days after the end of each calendar quarter, an owner or officer of the cable system executes an affidavit attesting (i) to the steps and precautions taken to prevent duplication of the videotape, and (ii) subject to clause (2), to the erasure or destruction of all videotapes made or used during such quarter; and (E) such owner or officer places or causes each such affi- davit, and affidavits received pursuant to clause (2) (C), to be placed in a file, open to public inspection, at such system's main office in the community where the transmission is made or in the nearest community where such system maintains an office; and (F) the nonsimultaneous transmission is one that the cable system would be authorized to transmit under the rules, reg- ulations, and authorizations of the Federal Communications Commission in effect at the time of the nonsimultaneous transmission if the transmission had been made simultane- ously, except that this subclause shall not apply to inadvert- ent or accidental transmissions. (2) If a cable system transfers to any person a videotape of a program nonsimultaneously transmitted by it, such transfer is actionable as an act of infringement under section 501, and is fully subject to the remedies provided by sections 502 through 506 and 509, except that, pursuant to a written, nonprofit contract providing for the equitable sharing of the costs of such videotape and its transfer, a videotape nonsimultaneously transmitted by it, in accordance with clause (1), may be transferred by one cable system in Alaska to another system in Alaska, by one cable system in Hawaii permitted to make such nonsimultaneous transmissions to another such cable system in Hawaii, or by one cable system in Guam, the Northern Mariana Islands, or the Trust Territory of the Pacific Islands, to another cable system in any of those three territories, if— (A) each such contract is available for public inspection in the offices of the cable systems involved, and a copy of such contract is filed, within thirty days after such contract is entered into, with the Copyright Office (which Office shall make each such contract available for public inspection); and (B) the cable system to which the videotape is transferred complies with clause (1)(A), (B), ( C ) ( i ) , (iii), and (iv), and (D) through ( F ) ; and (C) such system provides a copy of the affidavit required to be made in accordance with clause (1) (D) to each cable system making a previous nonsimultaneous transmission of the same videotape. (3) This subsection shall not be construed to supersede the exclusivity protection provisions of any existing agreement, or any such agreement hereafter entered into, between a cable system and a television broadcast station in the area in which the cable system is located, or a network with which such station is affiliated. 'Videotape. (4) As used in this subsection, the term "videotape'", and each of its variant forms, means the reproduction of the images and
PUBLIC LAW 94-553—OCT. 19, 1976 90 STAT. 2557 sounds of a program or programs broadcast by a television broad- cast station licensed by the Federal Communications Commission, regardless of the nature of the material objects, such as tapes or films, in which the reproduction is embodied, (f) DEFINITIONS.—As used in this section, the following terms and their variant forms mean the following: A "primary transmission" is a transmission made to the public by the transmitting facility whose signals are being received and further transmitted by the secondary transmission service, regardless of where or when the performance or display was first transmitted. A "secondary transmission" is the further transmitting of a primary transmission simultaneously with the primary transmis- sion, or nonsimultaneously with the primary transmission if by a "cable system" not located in whole or in part within the boundary of the forty-eight contiguous States, Hawaii, or Puerto Rico: Provided^ however, That a nonsimultaneous further trans- mission by a cable system located in Hawaii of a primary trans- mission shall be deemed to be a secondary transmission if the carriage of the television broadcast signal comprising such further transmission is permissible under the rules, regulations, or authorizations of the Federal Communications Commission. A "cable system" is a facility, located in any State, Territory, Trust Territory, or Possession, that in whole or in part receives signals transmitted or programs broadcast by one or more televi- sion broadcast stations licensed by the Federal Communications Commission, and makes secondary transmissions of such signals or programs by wires, cables, or other communications channels to subscribing members of the public who pay for such service. For purposes of determining the royalty fee under subsection (d)(2), two or more cable systems in contiguous communities under common ownership or control or operating from one head- end shall be considered as one system. The "local service area of a primary transmitter", in the case of a television broadcast station, comprises the area in which such station is entitled to insist upon its signal being retransmitted by a cable system pursuant to the rules, regulations, and authoriza- tions of the Federal Communications Commission in effect on April 15, 1976, or in the case of a television broadcast station licensed by an appropriate governmental authority of Canada or Mexico, the area in which it would be entitled to insist upon its signal being retransmitted if it were a television broadcast station subject to such rules, regulations, and authorizations. The "local service area of a primary transmitter", in the case of a radio broadcast station, comprises the primary service area of such station, pursuant to the rules and regulations of the Federal Communications Commission. A "distant signal equivalent" is the value assigned to the secondary transmission of any nonnetwork television programing carried by a cable system in whole or in part beyond the local service area of the primary transmitter of such programing. It is computed by assigning a value of one to each independent station and a value of one-quarter to each network station and noncommercial educational station for the nonnetwork pro- graming so carried pursuant to the rules, regulations, and authorizations of the Federal Communications Commission. The foregoing values for independent, network, and noncommercial 89-194 O—78—pt. 2 69
90 STAT. 2558 PUBLIC LAW 94-553—OCT. 19, 1976 educational stations are subject, however, to the following excep- tions and limitations. Where the rules and regulations of the Federal Communications Commission require a cable system to omit the further transmission of a particular program and such rules and regulations also permit the substitution of another pro- gram embodying a performance or display of a work in place of the omitted transmission, or where such rules and regulations in effect on the date of enactment of this Act permit a cable system, at its election, to effect such deletion and substitution of a nonlive program or to carry additional programs not transmitted by primary transmitters within whose local service area the cable system is located, no value shall be assigned for the substituted or additional program; where the rules, regulations, or authoriza- tions of the Federal Communications Commission in effect on the date of enactment of this Act permit a cable system, at its election, to omit the further transmission of a particular program and such rules, regulations, or authorizations also permit the substitution of another program embodying a performance or display of a work in place of the omitted transmission, the value assigned for the substituted or additional program shall be, in the case of a live program, the value of one full distant signal equivalent multi- plied by a fraction that has as its numerator the number of darys in the year in which such substitution occurs and as its denomi- nator the number of days in the year. In the case of a station carried pursuant to the late-night or specialty programing rules of the Federal Communications Commission, or a station carried on a part-time basis where full-time carriage is not possible because the cable system lacks the activated channel capacity to retransmit on a full-time basis all signals which it is authorized to carry, the values for independent, network, and noncommercial educational stations set forth above, as the case may be, shall be multiplied by a fraction which is equal to the ratio of the broad- cast hours of such station carried by the cable system to the total broadcast hours of the station. A "netw^ork station" is a television broadcast station that is owned or operated by, or affiliated with, one or more of the televi- sion networks in the United States providing nationwide trans- missons, and that transmits a substantial part of the programing supplied by such networks for a substantial part of that station's typical broadcast day. An "independent station" is a commercial television broadcast station other than a network station. A "noncommercial educational station" is a television station that is a noncommercial educational broadcast station as defined 47 use 397. in section 397 of title 47. 17 use 112. §112. Limitations on exclusive rights: Ephemeral recordings (a) Notwithstanding the provisions of section 106, and except in the case of a motion picture or other audiovisual work, it is not an infringement of copyright for a transmitting organization entitled to transmit to the public a performance or display of a work, under a license or transfer of the copyright or under the limitations on exclu- sive rights in sound recordings specified by section 114(a), to make no more than one copy or phonorecord of a particular transmission pro- gram embodying the performance or display, if— (1) the copy or phonorecord is retained and used solely by the transmitting organization that made it, and no further copies or phonorecords are reproduced from it; and
PUBLIC LAW 94-553—OCT. 19, 1976 90 STAT. 2559 (2) the copy or phonorecord is used solely for the transmitting organization's own transmissions within its local service area, or for purposes of archival preservation or security; and i (3) unless preserved exclusively for archival purposes, the copy or phonorecord is destro^^ed within six months from the date the transmission program was first transmitted to the public. (b) Notwithstanding the provisions of section 106, it is not an infringement of copyright for a governmental body or other nonprofit organization entitled to transmit a performance or display of a work, under section 110(2) or under the limitations on exclusive rights in sound recordings specified by section 114(a), to make no more than thirty copies or phonorecords of a particular transmission program embodying the performance or display, if— (1) no further copies or phonorecords are reproduced from the copies or phonorecords made under this clause; and (2) except for one copy or phonorecord that may be preserved exclusively for archival purposes, the copies or phonorecords are destroyed within seven years from the date the transmission pro- gram was first transmitted to the public. (c) Notwithstanding the provisions of section 106, it is not an infringment of copyright for a governmental body or other nonprofit organization to make for distribution no more than one copy or phono- record, for each transmitting organization specified in clause (2) of this subsection, of a particular transmission program embodying a i- :>?.< i performance of a nondramatic musical work of a religious nature, or ' of a sound recording of such a musical work, if— (1) there is no direct or indirect charge for making or distributing any such copies or phonorecords; and (2) none of such copies or phonorecords is used for any performance other than a single transmission to the public by a transmitting organization entitled to transmit to the public a performance of the work under a license or transfer of the copy- right; and (3) except for one copy or phonorecord that may be pi-eserved exclusively for archival purposes, the copies or phonorecords are all destroyed within one year from the date the transmission pro- gram was first transmitted to the public. (d) Notwithstanding the provisions of section 106, it is not an infringement of copyright for a governmental body or other nonprofit organization entitled to transmit a performance of a work under section 110(8) to make no more than ten copies or phonorecords embodying the performance, or to permit the use of any such copy or phonorecord by any governmental body or nonprofit organization entitled to transmit a performance of a work under section 110 (8), if— (1) any such copy or phonorecord is retained and used solely by the organization that made it, or by a governmental body or nonprofit organization entitled to transmit a performance of a work under section 110(8), and no further copies or phonorecords are reproduced from it; and (2) any such copy or phonorecord is used solely for transmis- sions authorized under section 110 (8), or for purposes of archival preservation or security; and (3) the governmental body or nonprofit organization permit- ' =- ting any use of any such copy or phonorecord by any govern- mental body or nonprofit organization under this subsection does not make any charge for such use. (e) The transmission program embodied in a copy or phonorecord made under this section is not subject to protection as a derivatiA-e
90 STAT. 2560 PUBLIC LAW 94-553—OCT. 19, 1976 work under this title except with the express consent of the owners of copyright in the preexisting works employed in the program. 17 use 113. § 113. Scope of exclusive rights in pictorial, graphic, and sculp- tural works (a) Subject to the provisions of subsections (b) and (c) of this sec- tion, the exclusive right to reproduce a copyrighted pictorial, graphic, or sculptural work in copies under section 106 includes the right to reproduce the work in or on any kind of article, whether useful or otherwise. (b) This title does not afford, to the owner of copyright in a work that portrays a useful article as such, any greater or lesser rights with respect to the making, distribution, or display of the useful article so portrayed than those afforded to such works under the law^, whether 17 use 1 et seq. title i t or the common law or statutes of a State, in effect on Decem- ber 31, 1977, as held applicable and construed by a court in an action brought under this title. (c) In the case of a work lawfully reproduced in useful articles that have been offered for sale or other distribution to the public, copyright does not include any right to prevent the making, distribution, or dis- play of pictures or photographs of such articles in connection with advertisements or commentaries related to the distribution or display of such articles, or in connection with news reports. 17 use 114. § 114. Scope of exclusive rights in sound recordings (a) The exclusive rights of the owner of copyright in a sound record- ing are limited to the rights specified by clauses (1), (2), and (3) of section 106, and do not include any right of performance under sec- tion 106(4). (b) The exclusive right of the owner of copyright in a sound record- ing under clause (1) of section 106 is limited to the right to duplicate the sound recording in the form of phonorecords, or of copies of motion pictures and other audiovisual works, that directly or indirectly recap- ture the actual sounds fixed in the recording. The exclusive right of the owner of copyright in a sound recording under clause (2) of sec- tion 106 is limited to the right to prepare a derivative work in which the actual sounds fixed in the sound recording are rearranged, remixed, or otherwise altered in sequence or quality. The exclusive rights of the owner of copyright in a sound recording under clauses (1) and (2) of section 106 do not extend to the making or duplication of another sound recording that consists entirely of an independent fixation of other sounds, even though such sounds imitate or simulate those in the copyrighted sound recording. The exclusive rights of the owner of copyright in a sound recording under clauses (1), (2), and (3) of section 106 do not apply to sound recordings included in educational 47 use 397. television and radio programs (as defined in section 397 of title 47) distributed or transmitted by or through public broadcasting entities (as defined by section 118(g)) : Provided, That copies or phonorecords of said programs are not commercially distributed by or through public broadcasting entities to the general public. (c) This section does not limit or impair the exclusive right to per- form publicly, by means of a phonorecord, any of the works specified by section 106(4). Report to ' (d) On January 3, 1978, the Register of Copyrights, after consult- eongress. j^g with representatives of owners of copyrighted materials, represent- atives of the broadcasting, recording, motion picture, entertainment industries, and arts organizations, representatives of organized labor and performers of copyrighted materials, shall submit to the Congress a report setting forth recommendations as to whether this section should be amended to provide for performers and copyright owners of
PUBLIC LAW 94-553—OCT. 19, 1976 90 STAT. 2561 copyrighted material any performance rights in such material. The report should describe the status of such rights in foreign countries, the views of major interested parties, and specific legislative or other recommendations, if any. §115. Scope of exclusive rights in nondramatic musical w o r k s : 17 USC 115. Compulsory license for making and distributing phono- records I n the case of nondramatic musical works, the exclusive rights pro- vided by clauses (1) and (3) of section 106, to make and to distribute phonorecords of such works, are subject to compulsory licensing under the conditions specified by this section. (a) AVAILABILITY AND SCOPE OF COMPULSORY L I C E N S E . — • ., (1) When phonorecords of a nondramatic musical work have ' been distributed to the public in the United States under the authority of the copyright owner, any other person may, by com- plying with the provisions o,f this section, obtain a compulsory license to make and distribute phonorecords of the work. A person may obtain a compulsory license only if his or her pri- mary purpose in making phonorecords is to distribute them to the public for private use. A person may not obtain a compulsory license for use of the work in the making of phonorecords dupli- cating a sound recording fixed by another, unless: (i) such sound recording was fixed lawfully; and (ii) the making of the phono- records was authorized by the owner of copyright in the sound recording or, if the sound recording was fixed before F e b r u a r y 15, 1972, by any person who fixed the sound recording pursuant to an express license from the owner of the copyright in the musical work or pursuant to a valid compulsory license for use of such w^ork in a sound recording. (2) A compulsory license includes the privilege of making a musical arrangement of the work to the extent necessary to con- form it to the style or manner of interpretation o,f the perform- ance involved, but the arrangement shall not change the basic melody or fundamental character of the work, and shall not be Mi 'J^'J i subject to protection as a derivative work under this title, except with the express consent of the copyright owner. (b) NOTICE OF I N T E N T I O N To O B T A I N COMPULSORY L I C E N S E . — (1) A n y person who wishes to obtain a compulsory license under this section shall, before or within thirty days after mak- ing, and before distributing any phonorecords of the work, serve notice of intention to do so on the copyright owner. If the regis- tration or other public records of the Copyright Office do not identify the copyright owner and include an address at which notice can be served, it shall be sufficient to file the notice of inten- tion in the Copyright Office. The notice shall comply, in form, content, and manner of service, with requirements t h a t the Regis- ter of Copyrights shall prescribe by regulation. (2) F a i l u r e to serve or file the notice required by clause (1) Failure to serve forecloses the possibility o,f a compulsory license and, in the or file notice, absence of a negotiated license, renders the making and distribu- penalty. tion of phonorecords actionable as acts of infringement under section 501 and fully subject to the remedies provided by sections 502 through 506 and 509. (c) ROYALTY PAYABLE UNDER COMPULSORY L I C E N S E . — (1) To be entitled to receive royalties under a compulsory license, the copyright owner must be identified in the registration or other public records of the Copyright Office. T h e owner is entitled to royalties for phonorecords made and distributed after
90 STAT. 2562 PUBLIC LAW 94-553—OCT. 19, 1976 being so identified, b u t is n o t entitled to recover for a n y phono- records previously made a n d distributed. (2) Except as provided by clause ( 1 ) , t h e royalty under a compulsory license shall be payable for every phonorecord made S. n a n d distributed in accordance with t h e license. F o r this purpose, a phonorecord is considered "distributed" if the person exercising the compulsory license h a s voluntarily a n d permanently parted with its possession. W i t h respect to each work embodied in t h e phonorecord, t h e royalty shall be either two a n d three-fourths cents, or one-half of one cent per minute of playing time or frac- tion thereof, whichever amount is larger. Royalty (3) Koyalty payments shall be made on or before the twentieth payments. d a y of each month a n d shall include all royalties for t h e month Regulations. next preceding. E a c h monthly payment shall be made under oath and shall comply with requirements t h a t t h e Register of Copy- rights shall prescribe by regulation. T h e Register shall also prescribe regulations under which detailed cumulative annual statements of account, certified by a certified public accountant, shall be filed for every compulsory license under this section. T h e regulations covering both the monthly and the annual statements of account shall prescribe t h e form, content, a n d manner of cer- tification with respect t o t h e number of records made a n d t h e number of records distributed. (4) I f the copyright owner does not receive t h e monthly pay- ment a n d t h e monthly a n d annual statements of account when due, the owner may give written notice to the licensee that, unless the default is remedied within t h i r t y days from t h e date of t h e notice, t h e compulsory license will be automatically terminated. Such termination renders either t h e making or t h e distribution, or both, of all phonorecords for which t h e royalty h a s not been paid, actionable as acts of infringement under section 501 a n d fully subject to t h e remedies provided by sections 502 through 506 a n d 509. 17 u s e 116. §116. Scope of exclusive rights in nondramatic musical w o r k s : Public performances by means of coin-operated phono- record players ( a ) L I M I T A T I O N ON EXCLUSIVE R I G H T . — I n t h e case of a n o n d r a - matic musical work embodied in a phonorecord, t h e exclusive right under clause (4) of section 106 to perform the work publicly by means of a coin-operated phonorecord player is limited as follows: (1) T h e proprietor of t h e establishment in which t h e public performance takes place is not liable for infringement with respect to such public performance unless— ( A ) such proprietor is t h e operator of t h e phonorecord player; or ( B ) such proprietor refuses or fails, within one month after receipt by registered or certified mail of a request, a t a '' time during which t h e certificate required b y clause (1) (C) of subsection (b) is not affixed to t h e phonorecord player, by the copyright owner, to make full disclosure, by registered or certified mail, of the identity of the operator of the phono- record player. (2) The operator of the coin-operated phonorecord player may obtain a compulsory license to perform the work publicly on t h a t phonorecord player by filing t h e application, affixing t h e certifi- cate, a^d p a y i n g t h e royalties provided by subsection ( b ) . (b) RECORDATION OF COIN-OPERATED PHONORECORD PLAYER, A F F I X A - ^ TiON OF CERTIFICATE, AND ROYALTY PAYABLE U N D E R COMPULSORY LICENSE.—
PUBLIC LAW 94-553—OCT. 19, 1976 90 STAT. 2563 (1) Any operator who wishes to obtain a compulsory license for the public performance of works on a coin-operated phono- record player shall fulfill the following requirements: (A) Before or within one month after such performances are made available on a particular phonorecord player, and during the month of January in each succeeding year that such performances are made available on that particular phonorecord player, the operator shall file in the Copyright Office, in accordance with requirements that the Register of Copyrights, after consultation with the Copyright Koyalty Tribunal (if and when the Tribunal has been constituted), shall prescribe by regulation, an application containing the name and address of the operator of the phonorecord player and the manufacturer and serial number or other explicit identification of the phonorecord player, and deposit with the Register of Copyrights a royalty fee for the current calendar year of $8 for that particular phonorecord player. If such performances are made availaole on a particular phonorecord player for the first time after July 1 of any year, the royalty fee to be deposited for the remainder of that year shall be $4. (B) Within twenty days of receipt of an application and a royalty fee pursuant to subclause (A), the Register of Copyrights shall issue to the applicant a certificate for the phonorecord player. (C) On or before March 1 of the year in which the certifi- cate prescribed by subclause (B) of this clause is issued, or within ten days after the date of issue of the certificate, the operator shall affix to the particular phonorecord player, in a position where it can be readily examined by the public, the certificate, issued by the Register of Copyrights under sub- clause (B), of the latest application made by such operator under subclause (A) of this clause with respect to that phonorecord player. (2) Failure to file the application, to affix the certificate, or to pay the royalty required by clause (1) of this subsection renders the public performance actionable as an act of infringement under section 501 and fully subject to the remedies provided by sections 502 through 506 and 509. (c) DISTRIBUTION OF ROYALTIES.— (1) The Register of Copyrights shall receive all fees deposited under this section and, after deducting the reasonable costs incurred by the Copyright Office under this section, shall deposit the balance in the Treasury of the United States, in such manner as the Secretary of the Treasury directs. All funds held by the Secretary of the Treasury shall be invested in interest-bearing ITnited States securities for later distribution with interest by the Copyright Royalty Tribunal as provided by this title. The Statements of Register shall submit to the Copyright Royalty Tribunal, on an account, annual basis, a detailed statement of account covering all fees submittal to received for the relevant period provided by subsection (b). Copyright Royalty Tribunal. (2) During the month of January in each year, every person Claims. claiming to be entitled to compulsory license fees under this sec- tion for performances during the preceding twelve-month period shall file a claim with the Copyright Royalty Tribunal, in accord- ance with requirements that the Tribunal shall prescribe by regu- lation. Such claim shall include an agreement to accept as final.
90 STAT. 2564 PUBLIC LAW 94-553—OCT. 19, 1976 Post, p. 2598. except as provided in section 810 of this title, the determination of the Copyright Royalty Tribunal in any controversy concerning the distribution of royalty fees deposited under subclause (A) of subsection (b) (1) of this section to which the claimant is a party. Notwithstanding any provisions of the antitrust laws, for pur- poses of this subsection any claimants may agree among them- selves as to the proportionate division of compulsory licensing fees among them, may lump their claims together and file them jointly or as a single claim, or may designate a common agent to receive payment on their behalf. (3) After the first day of October of each year, the Copyright Royalty Tribunal shall determine whether there exists a con- troversy concerning the distribution of royalty fees deposited under subclause (A) of subsection (b) (1). If the Tribunal deter- mines that no such controversy exists, it shall, after deducting its reasonable administrative costs under this section, distribute such fees to the copyright owners entitled, or to their designated agents. If it finds that such a controversy exists, it shall, pursuant to Post, p. 2594. chapter 8 of this title, conduct a proceeding to determine the distribution of royalty fees. Distribution (4) The fees to be distributed shall be divided as follows: procedures. (A) to every copyright owner not affiliated with a per- forming rights society, the pro rata share of the fees to be distributed to which such copyright owner proves entitlement. (B) to the performing rights societies, the remainder of the fees to be distributed in such pro rata shares as they shall by agreement stipulate among themselves, or, if they fail to agree, the pro rata share to which such performing rights societies prove entitlement. (C) during the pendency of any proceeding under this section, the Copyright Royalty Tribunal shall withhold from distribution an amount sufficient to satisfy all claims with respect to which a controversy exists, but shall have discre- tion to proceed to distribute any amounts that are not in controversy. Regulations. (5) The Copyright Royalty Tribunal shall promulgate regula- tions imder which persons who can reasonably be expected to have claims may, during the year in which performances take place, without expense to or harassment of operators or proprietors of establishments in which phonorecord players are located, have such access to such establishments and to the phonorecord players located therein and such opportunity to obtain information with respect thereto as may be reasonably necessary to determine, by sampling procedures or otherwise, the proportion of contribution of the musical works of each such person to the earnings of the phonorecord players for which fees shall have been deposited. Civil action. Any person who alleges that he or she has been denied the access permitted under the regulations prescribed by the Copyright Royalty Tribunal may bring an action in the United States Dis- trict Court for the District of Columbia for the cancellation of Mn- the compulsory license of the phonorecord player to which such access has been denied, and the court shall have the power to declare the compulsory license thereof invalid from the date of issue thereof. (d) CRIMINAL PENALTIES.—Any person who knowingly makes a false representation of a material fact in an application filed under clause (1) (A) of subsection (b), or who knowingly alters a certificate issued under clause (1) (B) of subsection (b) or knowingly affixes
PUBLIC LAW 94-553—OCT. 19, 1976 90 STAT. 2565 such a certificate to a phonorecord player other than the one it covers, shall be fined not more than $2,500. (e) DEFINITIONS.—As used in this section, the following terms and their variant forms mean the following: (1) A "coin-operated phonorecord player" is a machine or device that— (A) is employed solely for the performance of non- dramatic musical works by means of phonorecords upon being activated by insertion of coins, currency, tokens, or other monetary units or their equivalent; (B) is located in an establishment making no direct or indirect charge for admission; (C) is accompanied by a list of the titles of all the musical works available for performance on it, which list is affixed to the phonorecord player or posted in the establishment in a prominent position where it can be readily examined by the public; and (D) affords a choice of works available for performance and permits the choice to be made by the patrons of the establishment in which it is located. (2) An "operator" is any person who, alone or jointly with others: (A) owns a coin-operated phonorecord player; or (B) has the power to make a coin-operated phonorecord player available for placement in an establishment for pur- poses of public performance; or (C) has the power to exercise primary control over the selection of the musical works made available for public performance on a coin-operated phonorecord player. ; (3) A "performing rights society" is an association or corpora- i tion that licenses the public performance of nondramatic musical ' ' works on behalf of the copyright owners, such as the American Society of Composers, Authors and Publishers, Broadcast Music, Inc., and SESAC, Inc. §117. Scope of exclusive rights: Use in conjunction with com- 17 USC 117. puters and similar information systems Notwithstanding the provisions of sections 106 through 116 and 118, this title does not afford to the owner of copyright in a work any greater or lesser rights with respect to the use of the work in con- junction with automatic systems capable of storing, processing, retrieving, or transferring information, or in conjunction with any similar device, machine, or process, than those afforded to works under the law, whether title 17 or the common law or statutes of a State, in effect on December 31, 1977, as held applicable and construed by a court in an action brought under this title. §118. Scope of exclusive rights: Use of certain works in con- 17 USC 118. nection with noncommercial broadcasting (a) The exclusive rights provided by section 106 shall, with respect to the works specified by subsection (b) and the activities specified by subsection (d), be subject to the conditions and limitations prescribed by this section. (b) Not later than thirty days after the Copyright Royalty Tri- Publication in bunal has been constituted in accordance with section 802, the Chair- Federal Register, man of the Tribunal shall cause notice to be published in the Federal Register of the initiation of proceedings for the purpose of determin- ing reasonable terms and rates of royalty payments for the activities specified by subsection (d) with respect to published nondramatic
90 STAT. 2566 PUBLIC LAW 94-553—OCT. 19, 1976 musical works and published pictorial, graphic, and sculptural works during a period beginning as provided in clause (3) of this sub- section and ending on December 31, 1982. Copyright owners and public broadcasting entities shall negotiate in good faith and cooper- ate fully with the Tribunal in an effort to reach reasonable and expeditious results. Notwithstanding any provision of the antitrust laws, any owners of copyright in works specified by this subsection and any public broadcasting entities, respectively, may negotiate and agree upon the terms and rates of royalty payments and the propor- tionate division of fees paid among various copyright owners, and may designate common agents to negotiate, agree to, pay, or receive payments. (1) Any owner of copyright in a work specified in this sub- section or any public broadcasting entity may, within one hundred ^ and twenty days after publication of the notice specified in this subsection, submit to the Copyright Royalty Tribunal proposed licenses covering such activities with respect to such works. The Copyright Royalty Tribunal shall proceed on the basis of the j)roposals submitted to it as well as any other relevant informa- tion. The Copyright Royalty Tribunal shall permit any interested party to submit information relevant to such proceedings. ; (2) License agreements voluntarily negotiated at any time between one or more copyright owners and one or more public broadcasting entities shall be given effect in lieu of any determina- i tion by the Tribunal: Provided^ That copies of such agreements are filed in the Copyright Office within thirty days of execution in accordance with regulations that the Register of Copyrights shall prescribe. Rates and terms, (3) Within six months, but not earlier than one hundred and publication in twenty days, from the date of publication of the notice specified Federal Register. jj^ \\{^^ subsection the Copyright Royalty Tribunal shall make a determination and publish in the Federal Register a schedule of rates and terms which, subject to clause (2) of this subsection, shall be binding on all owners of copyright in works specified by this subsection and public broadcasting entities, regardless of \ whether or not such copyright owners and public broadcasting entities have submitted proposals to the Tribunal. In establishing such rates and terms the Copyright Royalty Tribunal may con- sider the rates for comparable circumstances under voluntary license agreements negotiated as provided in clause (2) of this subsection. The Copyright Royalty Tribunal shall also establish requirements by which copyright owners may receive reasonable notice of the use of their works under this section, and under which records of such use shall be kept by public broadcasting entities. (4) With respect to the period beginning on the effective date of this title and ending on the date of publication of such rates and terms, this title shall not afford to owners of copyright or public broadcasting entities any greater or lesser rights with respect to the activities specified in subsection (d) as applied to works specified in this subsection than those afforded under the law in effect on December 31, 1977, as held applicable and con- strued by a court in an action brought under this title, (c) The initial procedure specified in subsection (b) shall be repeated and concluded between June 30 and December 31, 1982, and at five- year intervals thereafter, in accordance with regulations that the Copy- right Royalty Tribunal shall prescribe.
PUBLIC LAW 94-553—OCT. 19, 1976 90 STAT. 2567 (d) Subject to the transitional provisions of subsection (b) (4), and to the terms of any voluntary license agreements that have been nego- tiated as provided by subsection (b) (2), a public broadcasting entity may, upon compliance with the provisions of this section, including the rates and terms establislied by the Copyright Royalty Tribunal under subsection (b) (3), engage in the following activities with respect to published nondramatic musical works and published pictorial, graphic, and sculptural works: (1) performance or display of a work by or in the course of a transmission made by a noncommercial educational broadcast sta- tion referred to in subsection (g) ; and (2) production of a transmission program, reproduction of copies or phonorecords of such a transmission program, and dis- tribution of such copies or phonorecords, where such production, (ii; 'M\i: i reproduction, or distribution is made by a nonprofit institution or organization solely for the purpose of transmissions specified in clause (1); and (3) the making of reproductions by a governmental body or a nonprofit institution of a transmission program simultaneously with its transmission as specified in clause (1), and the perform- ance or display of the contents of such program under the condi- tions specified by clause (1) of section 110, but only if the reproductions are used for performances or displays for a period of no more than seven days from the date of the transmission specified in clause (1), and are destroyed before or at the end of such period. No person supplying, in accordance with clause (2), a reproduction of a transmission program to governmental bodies or nonprofit institutions under this clause shall have any liability as a result of failure of such body or institution to destroy sucn reproduction: Provided, That it shall have notified such body or institution of the requirement for such destruction pursuant to this clause: And provided further, That if such body or institu- j tion itself fails to destroy such reproduction it shall be deemed to ' have infringed. i (e) Except as expressly provided in this subsection, this section | shall have no applicability to works other than those specified in subsection (b). (1) Owners of copyright in nondramatic literary works and public broadcasting entities may, during the course of voluntary negotiations, agree among themselves, respectively, as to the terms and rates of royalty payments without liability under the anti- :. trust laws. Any such terms and rates of royalty payments shall be effective upon filing in the Copyright Office, in accordance with regulations that the Register of Copyrights shall prescribe. (2) On January 3,1980, the Register of Copyrights, after con- RepM to suiting with authors and other owners of copyright in non- Congress, dramatic literary works and their representatives, and with public i broadcasting entities and their representatives, shall submit to the | Congress a report setting forth the extent to which voluntary i licensing arrangements have been reached with respect to the use of nondramatic literary works by such broadcast stations. The report should also describe any problems that may have arisen, ' - ' '"^ and present legislative or other recommendations, if warranted. (f) Nothing in this section shall be construed to permit, beyond the limits of fair use as provided by section 107, the unauthorized drama- tization of a nondramatic musical work, the production of a transmis- sion program drawn to any substantial extent from a published
90 STAT. 2568 PUBLIC LAW 94-553—OCT. 19, 1976 compilation of pictorial, graphic, or sculptural works, or the unau- thorized use of any portion of an audiovisual work. "Public ( g ) A s used in this section, t h e term "public broadcasting entity" broadcasting. means a noncommercial educational broadcast station as defined in entity." section 397 of title 47 a n d a n y nonprofit institution or organization 47 u s e 397. engaged in t h e activities described in clause (2) of subsection ( d ) . Chapter 2.—COPYRIGHT O W N E R S H I P A N D T R A N S F E R Sec. 201. Ownership of copyright. 202. Ownership of copyright as distinct from ownership of material object. 203. Termination of transfers and licenses granted by the author. 204. Execution of transfers of copyright ownership. 205. Recordation of transfers and other documents. 17 u s e 201. § 201. Ownership of copyright (a) I N I T I A L O W N E R S H I P . — C o p y r i g h t in a work protected under this title vests initially in the author or authors of t h e work. T h e authors of a joint work are coowners of copyright in the work. (b) W O R K S MADE FOR H I R E . — I n t h e case of a work m a d e for h i r e , the employer or other person for whom the work was prepared is considered the a u t h o r for purposes of this title, and, unless t h e parties have expressly agreed otherwise in a written instrument signed by them, owns all of the rights comprised in t h e copyright. (c) CONTRIBUTIONS TO COLLECTIVE W O R K S . — C o p y r i g h t in each separate contribution to a collective work is distinct from copyright in t h e collective work as a whole, a n d vests initially in t h e author of the contribution. I n the absence of an express transfer of the copyright or of any rights under it, the owner of copyright in the collective work , is presumed to have acquired only t h e privilege of reproducing a n d 1 distributing the contribution as p a r t of t h a t particular collective work, ' any revision of t h a t collective work, a n d a n y later collective work in the same series. (d) TPVANSFER o r OWNERSHIP.— (1) T h e ownership of a copyright m a y be transferred in whole or in p a r t by any means of conveyance o r by operation of law, and may be bequeathed by will or pass as personal property by the applicable laws of intestate succession. (2) A n y of the exclusive rights comprised in a copyright, including any subdivision of any of the rights specified by section 106, may be transferred as provided by clause (1) and owned separately. T h e owner of a n y particular exclusive r i g h t is enti- tled, to the extent of t h a t right, t o all of the protection and remedies accorded t o t h e copyright owner by this title. (e) INVOLUNTARY T R A N S F E R . — W h e n an individual a u t h o r ' s owner- ship of a copyright, or of any of t h e exclusive rights under a copy- right, h a s n o t previously been transferred voluntarily by t h a t individual author, no action by any governmental body or other official or organization p u r p o r t i n g to seize, expropriate, transfer, or exercise rights of ownership with respect to the copyright, or a n y of the exclusive rights under a copyright, shall be given effect under this title. 17 u s e 202. § 202. Ownership of copyright a s distinct from ownership of mate- rial object Ownership of a copyright, or of any of the exclusive rights under a copyright, is distinct from ownership of any material object in which the work is embodied. Transfer of ownership of a n y material object, including t h e copy or phonorecord in which t h e work is first fixed, does not of itself convey any rights in the copyrighted work embodied in the object; nor, in the absence of an agreement, does transfer of
PUBLIC LAW 94-553—OCT. 19, 1976 90 STAT. 2569 ownership of a copyright or of any exclusive rights under a copyright convey property rights in any material object. § 203. Termination of transfers and licenses granted by the 17 USC 203. author (a) CONDITIONS FOR TERMINATION.—In the case of any work other than a work made for hire, the exclusive or nonexclusive grant of a transfer or license of copyright or of any right under a copyright, executed by the author on or after January 1, 1978, otherwise than by will, is subject to termination under the following conditions: (1) In the case of a grant executed by one author, termination of the grant may be effected by that author or, if the author is dead, by the person or persons who, under clause (2) of this ^ subsection, own and are entitled to exercise a total of more than one-half of that author's termination interest. In the case of a grant executed by two or more authors of a joint work, termina- tion of the grant may be effected by a majority of the authors who executed it; if any of such authors is dead, the termination interest of any such author may be exercised as a unit by the person or persons who, under clause (2) of this subsection, own and are entitled to exercise a total of more than one-half of that author's interest. (2) Where an author is dead, his or her termination interest is owned, and may be exercised, 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 termi- nation interest unless there are any surviving children or grandchildren of the author, in which case the widow or Vvudower owns one-half of the author's interest; (B) the author's surviving children, and the surviving cliildren 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 chil- dren 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 dur- ing a period of five years beginning at the end of thirty-five years from the date of execution of the grant; or, if the grant covers the right of publication of the work, the period begins at the end of thirty-five years from the date of publication of the work under the grant or at the end of forty years from the date of execution of the grant, whichever term ends earlier. (4) The termination shall be effected by serving an advance Notice, notice in writing, signed by the number and proportion of owners of termination interests required under clauses (1) and (2) of this subsection, or by their duly authorized agents, upon the grantee or the grantee's successor in title. (A) The notice shall state the effective date of the termi- nation, 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.
90 STAT. 2570 ^ PUBLIC LAW 94-553—OCT. 19, 1976 ia;'! < ( g ) The notice shall comply, in form, content, and man- ner of service, with requirements that the Register of Copy- - rights shall prescribe by regulation. (5) Termination of the grant may be effected notwithstanding any agreement to the contrary, including an agreement to make a will or to make any future grant, (b) EFFECT OF TERMINATION.—Upon the effective date of termi- nation, all rights under this title that were covered by the terminated grants revert to the author, authors, and other persons owning termina- tion interests under clauses (1) and (2) of subsection (a), including those owners who did not join in signing the notice of termination Limitations. under clause (4) of subsection (a), but with the following limitations: (1) A derivative work prepared under authority of the grant before its termination may continue to be utilized under the terms of the grant after its termination, but this privilege does not extend to the preparation after the termination of other deriva- tive works based upon the copyrighted work covered by the termi- nated grant. (2) The future rights that will revert upon termination of the grant become vested on the date the notice of termination has been served as provided by clause (4) of subsection (a). The rights vest in the author, authors, and other persons named in, and in the proportionate shares provided by, clauses (1) and (2) of subsection (a). (3) Subject to the provisions of clause (4) of this subsection, a further grant, or agreement to make a further grant, of any right covered by a terminated grant is valid only if it is signed by the same number and proportion of the owners, in whom the right has vested under clause (2) of this subsection, as are required to terminate the grant under clauses (1) and (2) of subsection (a). Such further grant or agreement is effective with respect to all of the persons in whom the right it covers has vested under clause (2) of this subsection, including those who did not join in signing it. If any person dies after rights under a terminated grant have vested in him or her, that person's legal representatives, legatees, or heirs at law^ represent him or her for purposes of this clause. (4) A further grant, or agreement to make a further grant, of any right covered by a terminated grant is valid only if it is made after the effective date of the termination. As an exception, however, an agreement for such a further grant may be made between the persons provided by clause (3) of this subsection and the original grantee or such grantee's successor in title, after the notice of termination has been served as provided by clause (4) of subsection (a). (5) Termination of a grant under this section affects only those rights covered by the grants that arise under this title, and in no way affects rights arising under any other Federal, State, or foreign laws. (6) Unless and until termination is effected under this section, the grant, if it does not provide otherwise, continues in effect for the term of copyright provided by this title. 17 use 204. § 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.
PUBLIC LAW 94-553—OCT. 19, 1976 90 STAT. 2 5 7 1 (b) A certificate of acknowledgement is not required for the valid- ity of a transfer, but is prima facie evidence of t h e execution of t h e transfer if— (1) i n the case of a transfer executed in the U n i t e d States, t h e certificate is issued by a person authorized to administer oaths within t h e United States; or (2) in t h e 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. § 205. Recordation of transfers and other documents 17 USC 205. ( a ) CONDITIONS FOR RECORDATION.—Any t r a n s f e r of c o p y r i g h t own- ership or other document pertaining to a copyright may be recorded in t h e Copyright Office if t h e document filed for recordation bears the actual signature of t h e person who executed it, or if it is accom- panied b y a sworn or official certification t h a t it is a true copy of t h e original, signed document. (b) CERTIFICATE OF RECORDATION.—The Register of Copyrights shall, upon receipt of a document as provided by subsection ( a ) a n d of the fee provided by section 708, record t h e document a n d return it with a certificate of recordation. (c) RECORDATION AS CONSTRUCTIVE NOTICE.—Recordation of a docu- ment in the Copyright Office gives all persons constructive notice of the facts stated in t h e recorded document, but only if— (1) t h e document, or material attached to it, specifically iden- tifies the work t o which it pertains so that, after the document is indexed by t h e Register of Copyrights, it would be revealed by a reasonable search under the title or registration number of t h e work; and (2) registration has been made for the work. ( d ) RECORDATION AS PREREQUISITE TO I N F R I N G E M E N T S U I T . — N o per- son claiming by virtue of a transfer t o be the owner of copyright o r of any exclusive r i g h t under a copyright is entitled t o institute a n infringement action under this title until the instrument of transfer under which such person claims h a s been recorded i n t h e C o p y r i g h t Office, b u t suit may be instituted after such recordation on a cause of action t h a t arose before recordation. (e) PRIORITY B E T W E E N CONFLICTING TRANSFERS.—As between t w o conflicting transfers, t h e one executed first prevails if it is rexK)rded, in t h e manner required t o give constructive notice under subsection ' (c), within one m o n t h after its execution in the United States o r within t w o months after its execution outside the United States, o r at a n y time before recordation in such manner of t h e later transfer. Otherwise t h e later transfer prevails if recorded first in such manner, and if taken in good faith, for valuable consideration or on t h e basis of a binding promise to p a y royalties, a n d without notice of the ear- lier transfer. (f) PRIORITY B E T W E E N CONFLICTING TRANSFER OF O W N E R S H I P 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 t h e owner of the rights licensed or such owner's duly authorized agent, a n d if— (1) the license was taken before execution of t h e transfer; or (2) t h e license was taken in good faith before recordation of the transfer and without notice of it.
90 STAT. 2572 PUBLIC LAW 94-553—OCT. 19, 1976 Chapter 3 . - - D U R A T I 0 N O F COPYRIGHT Sec. 301. Preemption with respect to other laws. 302. Duration of copyright: Works created on or after J a n u a r y 1, 1978. 303. Duration of copyright: Works created but not published or copyrighted before J a n u a r y 1, 1978. 304. Duration of copyright: Subsisting copyrights. 305. Duration of copyright: Terminal date. 17 u s e 301, § 301. Preemption with respect to other l a w s (a) O n and after J a n u a r y 1, 1978, all legal or equitable rights t h a t are equivalent to any of t h e exclusive rights within t h e general scope of copyright as specified by section 106 in works of authorship t h a t are fixed in a tangible medium of expression and come within the sub- ject matter of copyright as specified by sections 102 and 103, whether created before or after t h a t date and whether published or unpub- lished, are governed exclusively by this title. Thereafter, no person is entitled to any such right or equivalent r i g h t in any such work under the common law or statutes of any State. (b) N o t h i n g in this title annuls or limits any rights or remedies under the common law or statutes of any S t a t e with respect to— (1) subject m a t t e r t h a t does not come within t h e subject mat- ter of copyright as specified by sections 102 and 103, including works of authorship not fixed in any tangible medium of expres- sion; or (2) any cause of action arising from undertakings commenced before J a n u a r y 1, 1978; or (3) activities violating legal or equitable rights t h a t are not equivalent to any of the exclusive rights within t h e general scope of copyright as specified by section 106. (c) W i t h respect to sound recordings fixed before F e b r u a r y 15, 1972, any rights or remedies under the common law or statutes of a n y State shall not be annulled or limited by this title until F e b r u a r y 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 F e b r u a r y 15, 2047. Not- withstanding the provisions of section 303, no sound recording fixed before F e b r u a r y 15, 1972, shall be subject to copyright under this title before, on, or after F e b r u a r y 15,2047. ( d ) Nothing in this title annuls or limits any rights or remedies under any other Federal statute. 17 u s e 302. § 302. Duration of copyright: Works created on or after Jan- uary 1,1978 (a) I N GENERAL.—Copyright in a work created on or after J a n u - ary 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) J O I N T W O R K S . — I n the case of a joint work prepared by two or moi'e authors who did not work for hire, the copyright endures for a term consisting of the life of the last surviving a u t h o r and fifty years after such last surviving author's death. (c) ANONYMOUS W O R K S , PSEUDONYMOUS W O R K S , AND W O R K S MADE FOR H I R E . — I n 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 from the year of its first publication, or a term of one hun- dred years from t h e 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 t h a t work under subsections (a) or ( d ) of section 408, or in the records provided by this subsection,
PUBLIC LAW 94-553—OCT. 19, 1976 90 STAT. 2573 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. A n y person h a v i n g an interest in t h e copyright in an anonymous or pseudonymous work may at any time record, i n records t o be maintained by t h e Copyright Office for t h a t purpose, a statement identifying one or more authors of the work; the statement shall also identify t h e person filing it, t h e nature of t h a t person's interest, t h e source of t h e information recorded, a n d t h e particular work affected, a n d shall comply in form a n d content with require- ments that t h e Register of Copyrights shall prescribe by regulation. ( d ) RECORDS RELATING TO D E A T H OF A U T H O R S . — A n y person h a v i n g an interest in a copyright may at any time record in t h e Copyright Office a statement of t h e date of death of t h e author of t h e copy- righted work, or a statement t h a t t h e author is still living on a par- ticular date. T h e statement shall identify t h e person filing it, t h e n a t u r e of t h a t person's interest, a n d t h e source of t h e information recorded, a n d shall comply i n form a n d content with requirements t h a t t h e Register of Copyrights shall prescribe by regulation. T h e Recordkeeping. Register shall maintain current records of information relating to the death of authors of copyrighted works, based on such recorded state- ments and, to t h e extent t h e Register considers practicable, on data contained in any of t h e records of t h e Copyright Office or i n other reference sources. (e) PRESUMPTION AS TO A U T H O R ' S D E A T H . — A f t e r a period of seventy-five years from t h e 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 certi- fied report t h a t the records provided by subsection ( d ) disclose nothing to indicate t h a t the author of the work is living, or died less than fifty je&rs before, is entitled t o the benefit of a presumption that the author has been dead for a t least fifty years. Reliance in good faith upon this presumption shall be a complete defense to any action for infringe- ment under this title. § 303. Duration of copyright: Works created but not published or 17 USC 303. copyrighted before January 1,1978 Copyright in a work created before J a n u a r y 1,1978, but not thereto- fore in t h e public domain or copyrighted, subsists from J a n u a r y 1, 1978, a n d endures for t h e term provided by section 302. I n no case, however, shall t h e term of copyright in such a work expire before December 31, 2002; and, if the work is published on or before Decem- ber 31, 2002, t h e term of copyright shall not expire before December 31, 2027. § 304. Duration of copyright: Subsisting copyrights 17 USC 304. ( a ) COPYRIGHTS I N T H E I R F I R S T T E R M ON J A N U A R Y 1, 1978.—Any copyright, the first term of which is subsisting on J a n u a r y 1,1978, shall endure for twenty-eight years from the date it was originally secured: Provided, T h a t in the case of any posthumous work or of any periodi- cal, cyclopedic, or other composite work upon which the copyright was originally secured by the proprietor thereof, or of any work copy- righted 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 t h e further term of forty-seven years when application for such renewal a n d extension shall have been made t o t h e Copyright Office and duly registered therein within one year prior to t h e expiration of t h e original term of copyright: And provided further, T h a t i n t h e case of a n y other
90 STAT. 2574 PUBLIC LAW 94-553—OCT. 19, 1976 copyrighted work, including a contribution by an individual author to a periodical or to a cyclopedic or other composite work, the autlior of such work, if still living, or t h e 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 h e r next of kin shall be entitled to a renewal and exten- sion 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 a n d duly registered therein within one year prior to the expiration of the original term of c o p y r i g h t : And provided further, T h a t in default of the registration of such applica- tion for renewal a n d extension, the copyright in any work shall termi- nate at the expiration of twenty-eight years from the date copyright was originally secured. (b) COPYRIGHTS IN T H E I R R E N E W A L T E R M OR REGISTERED FOR RENEWAL BEFORE JANUARY 1, 1978.—The d u r a t i o n of any copyright, the renewal term of which is subsisting at any time between Decem- x,y ber 31, 1976, a n d 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) T E R M I N A T I O N OF TRANSFERS AND LICENSES COVERING EXTENDED RENEWAL T E R M . — I n the case of any copyright subsisting in either its first or renewal term on J a n u a r y 1, 1978, other than a copyright in a work made for hire, the exclusive or nonexclusive g r a n t of a transfer or license of the renewal copyright or any right under it, executed before J a n u a r y 1,1978, by any of the persons designated by the second proviso of subsection ( a ) of this section, otherwise than by will, is sub- ject to termination under the following conditions: (1) I n the case of a g r a n t executed by a person or persons other than the author, termination of the g r a n t m a y be effected by the surviving person or persons who executed it. I n the case of a g r a n t executed by one or more of the authors of the work, termination ^...^.^ of the g r a n t m a y 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, by the person or persons who, under clause (2) of this subsection, own a n d are entitled to exercise a total of more than one-half of t h a t 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 h e r widower and his or her children or grandchildren as follows: ( A ) the widow or widower owns the author's entire termi- jii-r ;. ; : nation interest unless there are any surviving children or grandchildren of t h e author, in which case t h e widow or widower owns one-half of the author's interest; ( B ) the author's surviving children, a n d 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 t h e ownership of one-half of t h e author's interest is divided among t h e m ; (C) the rights of the author's children and grandchildren are in all cases divided among them a n d exercised on a per stirpes basis according to the number of such author's chil- dren 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.
PUBLIC LAW 94-553—OCT. 19, 1976 90 STAT. 2575 (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 Janu- ary 1,1978, whichever is later. (4) The termination shall be effected by serving an advance Advance notice. 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 ter- mination, which shall fall within the five-year period speci- fied 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 man- ner of service, with requirements that the Register of Copy- rights 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 Reversion, than the author, all rights under this title that were covered by the terminated grant revert, upon the effective date of termina- tion, 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 inter- est 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 Limitations, 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 termi- nation 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 termina- tion has been served as provided by clause (4) of this subsection. (C) Where the author's rights revert to two or more per- sons 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 sub- clause (D) of this clause, a further grant, or agreement to make a further grant, of a particular author's share with
90 STAT. 2576 PUBLIC LAW 94-553—OCT. 19, 1976 respect to any r i g h t covered by a terminated g r a n t is valid only if i t is signed by the same number and proportion of t h e owners, in whom the right has vested under this clause, as are required to terminate the g r a n t under clause (2) of this sub- section. Such further g r a n t or agreement is effective with respect to all of the persons in whom the right it covers h a s vested under this subclause, including those who d i d not join in signing it. I f any person dies after rights under a ter- minated g r a n t have vested in h i m or her, t h a t person's legal representatives, legatees, o r heirs a t law represent him or her for purposes of this subclause. ( D ) A further grant, or agreement to make a further g r a n t , of any r i g h t covered by a terminated g r a n t is valid only if it is made after t h e effective date of t h e termination. As an exception, however, an agreement for such a further g r a n t may be made between t h e author or a n y of t h e persons provided by t h e first sentence of clause (6) of this subsection, or between t h e persons provided by subclause ( C ) of this clause, a n d t h e original grantee or such grantee's successor in title, after the notice of termination h a s been served as provided by clause (4) of this subsection. ( E ) Termination of a g r a n t under this subsection affects only those rights covered by t h e g r a n t t h a t arise under this title, and in no way affects rights arising under a n y other Federal, State, or foreign laws. ( F ) Unless and until termination is effected under this sub- section, t h e g r a n t , if i t does n o t provide otherwise, continues in effect for t h e remainder of t h e extended renewal term. 17 u s e 305. § 305. Duration of copyright: Terminal date All terms of copyright provided by sections 302 t h r o u g h 304 r u n to t h e end of t h e calendar year in which they would otherwise expire. Chapter 4.—COPYRIGHT N O T I C E , D E P O S I T , A N D REGISTRATION See. 401. Xotice 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. 17 u s e 401. § 401. Notice of copyright: Visually perceptible copies (a) GENERAL REQUIREMENT.—Whenever a work protected u n d e r this title is published in t h e 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 t h e copies shall consist of the following three elements: (1) t h e symbol © (the letter C in a circle), or the word "Copy- right", or the abbreviation "Copr."; a n d
PUBLIC LAW 94-553—OCT. 19, 1976 90 STAT. 2577 (2) t h e year of first publication of t h e work; in the case of compilations o r derivative works incorporating previously pub- lished material, t h e year date of first publication of t h e compila- tion or derivative work is sufficient. T h e year date may be omitted where a pictorial, graphic, o r sculptural work, with accompanying text matter, if any, is reproduced in or on greeting cards, post- cards, stationery, jewelry, dolls, toys, or any useful articles; a n d (3) t h e name of t h e owner of copyright in t h e work, or a n abbreviation by which the name can be recognized, or a generally known alternative designation of the owner. (c) POSITION o r NOTICE.—The notice shall be affixed to t h e copies in such manner and location as to give reasonable notice of t h e claim of copyright. T h e Register of Copyrights shall prescribe by regula- tion, as examples, specific methods of affixation and j)ositions of the notice on various types of works t h a t will satisfy this requirement, but these specifications shall not be considered exhaustive. § 402. Notice of copyright: Phonorecords of sound recordings 17 USC 402. (a) GENERAL REQUIREMENT.—Whenever a sound recording pro- tected under this title is published in t h e 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 phono- records of the sound recording. (b) FORM OF NOTICE.—The notice a p p e a r i n g on the phonorecords shall consist of the following three elements: (1) t h e symbol © (the letter P in a circle); a n d (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 t h e name can be recognized, or a generally known alternative designation of the owner; if the pro- ducer of the sound recording is named on t h e phonorecord labels or containers, and if no other name appears in conjunction with the notice, t h e producer's name shall be considered a p a r t of the notice. (c) POSITION o r 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. -; § 403. Notice of copyright: Publications incorporating United 17 USC 403. S t a t e s Government works Whenever a work is published in copies or phonorecords consisting preponderantly of one or more works of the United States Govern- ment, t h e notice of copyright provided by sections 401 or 402 shall also include a statement identifying, either affirmatively or negatively, those portions of t h e copies or phonorecords embodying a n y work or works protected under this title. §404. Notice of copyright: Contributions to collective works 17 USC 404. (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 t o the separate contributions it contains (not including advertisements inserted on behalf of persons other than t h e owner of copyright in the collective w o r k ) , 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
90 STAT. 2578 PUBLIC LAW 94-553—OCT. 19, 1976 contribution t h a t does not bear its own notice, the case is governed by the provisions of section 4 0 6 ( a ) . 17 u s e 405. § 405. Notice of copyright: Omission of notice ( a ) E F F E C T o r OMISSION ON COPYRIGHT.—The omission of t h e copy- r i g h t notice prescribed by sections 401 through 403 from copies o r phonorecords publicly distributed by authority of the copyright owner does not invalidate the copyright in a work if— (1) t h e notice h a s been omitted from no more t h a n a relatively small number of copies or phonorecords distributed to t h e public; or (2) registration for the work has been made before or is made within five years after the publication without notice, a n d a reasonable effort is made to a d d notice to all copies or phono- records t h a t are distributed to t h e public in t h e United States after the omission has been discovered; or (3) the notice h a s been omitted in violation of a n express requirement i n w r i t i n g that, as a condition of t h e copyright owner's authorization of t h e public distribution of copies or phonorecords, they bear the prescribed notice. (b) E F F E C T OF OMISSION ON I N N O C E N T I N F R I N G E R S . — A n y 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 t h a t registration for t h e work has been made u n d e r section 408, if such person proves t h a t he or she was misled by t h e omission of notice. I n a suit for infringement in such a case the court mav allow or disallow recovery of a n y of t h e infringer's profits attributable to t h e infringe- ment, a n d m a y enjoin t h e continuation of the infringing u n d e r t a k i n g or may require, as a condition or permitting the continuation of t h e infringing undertaking, t h a t the infringer p a y t h e copyright owner a reasonable license fee in an amount a n d on terms fixed by t h e court. (c) REMOVAL OF NOTICE.—Protection under this title is not affected by the removal, destruction, or obliteration of t h e notice, without t h e authorization of t h e copyright owner, from any publicly distributed copies or phonorecords. 17 u s e 406. § 406. Notice of copyright: Error in name or date (a) ERROR I N NAME.—^Where t h e person named i n t h e copyright notice on copies or phonorecords publicly distributed by authority of the copyright owner is not t h e owner of copyright, t h e validity a n d ownership of t h e copyright are not affected. I n such a case, however, any person who innocently begins an u n d e r t a k i n g t h a t infringes t h e copyright h a s a complete defense t o any action for such infringement if such person proves t h a t he or she was misled by t h e notice a n d began t h e undertaking in good faith under a purported transfer or license from the person named therein, unless before t h e u n d e r t a k i n g was begun— (1) registration for t h e work h a d been made in t h e name of the owner of c o p y r i g h t ; or (2) a document executed by t h e person named in the notice and showing the ownership o t t h e copyright h a d been recorded. T h e person named in t h e notice is liable to account to t h e copyright owner for all receipts from transfers or licenses p u r p o r t e d l y made under the copyright by the person named in the notice. (b) ERROR I N DATE.—^When t h e year date in t h e notice on copies or phonorecords distributed by authority of t h e copyright owner i s earlier t h a n t h e year in which publication first occurred, a n y period
PUBLIC LAW 94-553—OCT. 19, 1976 90 STAT. 2579 computed from the year of first publication under section 302 is to be computed from the year in the notice. Where the year date is more than one year later than the year in which 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 j)art of the notice, the work is considered to have been published without any notice and is governed by the provisions of section 405. § 407. Deposit of copies or phonorecords for Library of Congress 17 USC 407. (a) Except as provided by subsection (c), and subject to the pro- visions 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 phono- records 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 by regulation exempt any Exemption, 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 exemp- tion 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, grapliic, 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 subsec- tion (a), the Register of Copyrights may make written demand for the required deposit on any of the persons obligated to make the deposit under subsection (a). Unless deposit is made within three Penalties, 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 Regulations, transmitted to the public in the United States but have not been pub- lished, the Register of Copyrights shall, after consulting with the Librarian of Congress and other interested organizations and officials,
90 STAT. 2580 PUBLIC LAW 94-553—OCT. 19, 1976 establish regulations governing the acquisition, through deposit or otherwise, of copies or phonorecords of such programs for the collec- tions 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 proce- dures by which the Eegister 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 trans- mission 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 com- pliance with a demand, and shall allow for extensions of such periods and adjustments in the scope of the demand or the meth- ods for fulfilling it, as reasonably warranted by the circumstances. Willful failure or refusal to comply with the conditions pre- scribed by such regulations shall subject the owner of 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 suibsection shall be construed to require the making or retention, for purposes of deposit, of any copy or phonorecord of an unpublished transmission program, the trans- mission 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. 17 use 408. § 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 copy- right or of any exclusive right in the work may obtain registra- tion 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 a 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 com- plete 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,
PUBLIC LAW 94-553—OCT. 19, 1976 90 STAT. 2581 if they are accompanied by the prescribed application and fee, and by any additional identifying material t h a t the Register may, by regula- tion, require. T h e Register shall also prescribe regulations establish- Regulations, ing requirements under which copies or phonorecords acquired for the L i b r a r y of Congress under subsection (e) of section 407, otherwise t h a n by deposit, may be used to satisfy the deposit provisions of this section. (c) ADMINISTRATIVE CLASSIFICATION AND OPTIONAL D E P O S I T . — (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. T h e regulations may require or permit, for particular classes, the deposit of identifying material instead of copies or , j , ,^ 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) W i t h o u t prejudice to the general authority provided under Regulations, 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 registra- tion 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 recog- nized, 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) A s 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 news- papers, 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 3 0 4 ( a ) , is the same for each of the works; and ( B ) the works were all copyrighted upon their first pub- lication, either t h r o u g h separate copyright notice and regis- tration 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 t h a n 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 sepa- rately, including the periodical containing it and its date of first publication.
90 STAT. 2582 PUBLIC LAW 94-553—OCT. 19, 1976 (d) CORRECTIONS AND AMPLIFICATIONS.—The Register may also establish, by regulation, formal procedures for the filing of an appli- ,«=R3£i6t, I cation for supplementary registration, to correct an error in a copy- right registration or to amplify the information given in a regis- tration. Such application shall be accompanied by the fee provided by section 708, and shall clearly identify the registration to be cor- rected 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.—Regis- tration 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. 17 use 409. § 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 pseudon- ,-, ,1, ., ymous 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 state- ment of how the claimant obtained ownership of the copyright; (6) the title of the work, together with any previous or alterna- tive 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 identifi- cation 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 H were performed; and (11) any other information regarded by the Register of Copy- rights as bearing upon the preparation or identification of the work or the existence, ownership, or duration of the copyright. 17 use 410. § 410. Registration of claim and issuance of certificate (a) When, after examination, the Register of Copyrights deter- mines 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 reg- istration 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
PUBLIC LAW 94-553—OCT. 19, 1976 90 STAT. 2583 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 certii&cate of a registration Prima facie made before or within five years after first publication of the work evidence. 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 Effective date. 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 Copy- right Office. § 411. Registration as prerequisite to infringement suit 17 use 411. (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 transmis- sion, 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. • -' § 412. Registration as prerequisite to certain remedies for 17 USC 412. 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.
90 STAT. 2584 PUBLIC LAW 94-553—OCT. 19, 1976 Chapter 5.—COPYRIGHT INFRINGEMENT AND REMEDIES Sec. ,, . : , .., 501. Infringement of copyright. 502. Remedies for infringement: Injunctions. 503. Remedies for infringement: Impounding and disposition of infringing articles. 504. Remedies for infringement: Damage 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 and forfeiture. 510. Remedies for alteration of programing by cable systems. 17 use 501. § 501. Infringement of copyright (a) Anyone who violates any of the exclusive rights of the copy- right owner as provided by sections 106 through 118, or who imports iir ?.' 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 Copy- right 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 joinder, 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 jjerform the same version of that work shall, for purposes of subsec- tion (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 action- able 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 trans- mission occurs. 17 use 502. § 502. Remedies for infringement: In junctions (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 reason- able 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 per- son. The clerk of the court granting the injunction shall, when requested by any other court in which enforcement of the injunction is sought, transmit promptly to the other court a certified copy of all the papers in the case on file in such clerk's office.
PUBLIC LAW 94-553—OCT. 19, 1976 9 0 STAT. 2585 § 503. Remedies for infringement: Impounding and disposition of 17 USC 503. infringing articles (a) A t any time while an action under this title is pending, the court may order t h e impounding, on such terms as it may deem reasonable, of all copies or phonorecords claimed to have been made or used i n i: violation of t h e 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. (b) A s p a r t of a final judgment or decree, t h e court may order the destruction or other reasonable disposition of all copies or phono- records found t o have been made or used i n violation of the copyright , owner's exclusive rights, a n d of all plates, molds, matrices, masters, * tapes, film negatives, or other articles by means of which such copies or phonorecords may be reproduced. § 504. Remedies for i n f r i n g e m e n t : D a m a g e s and profits 17 USC 504, (a) I N GENERAL.—Except as otherwise provided by this title, a n infringer of copyright is liable for either— (1) t h e copyright owner's actual damages a n d a n y additional profits of t h e infringer, as provided by subsection ( b ) ; or (2) statutory damages, as provided by subsection ( c ) . ( b ) ACTUAL DAMAGES AND P R O F I T S . — T h e c o p y r i g h t owner is entitled to recover the actual damages suffered by h i m or h e r as a result of the infringement, and any profits of t h e infringer that are attributable to t h e infringement a n d are not taken into account in computing t h e actual damages. I n establishing t h e infringer's profits, the copyright owner is required t o present proof only of the infringer's gross reve- nue, a n d t h e infringer is required t o prove h i s or h e r deductible expenses and t h e elements of profit attributable t o factors other t h a n the copyrighted work. (c) STATUTORY DAMAGES.— (1) E x c e p t as provided by clause (2) of this subsection, t h e copyright owner may elect, a t any time before final judgment is rendered, t o recover, instead of actual damages a n d 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 t h a n $10,000 as the court considers just. F o r the purposes of this subsection, all t h e parts of a compilation or derivative work con- stitute one work. (2) I n a case where t h e copyright owner sustains t h e b u r d e n of proving, and the court finds, t h a t infringement was committed willfully, t h e court in its discretion m a y increase t h e award of statutory damages t o a sum of n o t more than $50,000. I n a case where the infringer sustains the burden of proving, and the court finds, t h a t such infringer was n o t aw^are a n d h a d no reason t o 3'.J " 1 believe t h a t his or h e r acts constituted an infringement of copy- right, the court it its discretion may reduce the award of statutory damages t o a sum of n o t less than $100. T h e court shall remit statutory damages in any case where a n infringer believed a n d h a d reasonable grounds for believing t h a t his or h e r use of t h e copyrighted work was a fair use under section 107, if the infringer was: (i) an employee or agent of a nonprofit educational institu- tion, library, or archives acting within t h e scope of h i s or h e r employment who, or such institution, library, or archives itself, which infringed b y reproducing t h e work in copies o r phono- records; or (ii) a public broadcasting entity which or a person who, as a regular p a r t of t h e nonprofit activities of a public
9 0 STAT. 2586 PUBLIC LAW 94-553—OCT. 19, 1976 b<. r j ! :f broadcasting entity ( a s defined i n subsection ( g ) of section 118) infringed by performing a published nondramatic literary work or by reproducing a transmission p r o g r a m embodying a perform- ance of such a work. 17 u s e 505. § 505. R e m e d i e s f o r i n f r i n g e m e n t : C o s t s a n d a t t o r n e y ' s fees I n any civil action under this title, the court in its discretion may allow the recovery of full costs by or against any p a r t y other t h a n t h e United States or a n officer thereof. Except as otherwise provided by this title, t h e court m a y also a w a r d a reasonable attorney's fee t o t h e prevailing p a r t y as p a r t of the costs. 17 u s e 506. § 506. C r i m i n a l offenses (a) CRIMINAL INFRINGEMENT.—Any person who infringes a copy- right willfully a n d for purposes of commercial advantage or private ^^ ^ financial gain shall be fined not more t h a n $10,000 or imprisoned for not more t h a n one year, o r b o t h : Provided, however, T h a t any person who infringes willfully and for purposes of commercial advantage o r private financial gain t h e copyright i n a sound recording afforded b y subsections ( 1 ) , ( 2 ) , or (3) of section 106 or the copyright in a motion picture afforded by subsections ( 1 ) , ( 3 ) , or (4) of section 106 shall be fined not more than $25,000 or imprisoned for not more than one year, or both, for the first such offense and shall be fined not more t h a n $50,000 or imprisoned for not more than two years, or both, for any subsequent offense. ( b ) FORFEITURE AND DESTRUCTION.—When a n y person is convicted of any violation of subsection ( a ) , t h e court in its j u d g m e n t of con- viction shall, in addition t o t h e penalty therein prescribed, order t h e forfeiture and destruction or other disposition of all infringing copies or phonorecords and all implements, devices, o r equipment used i n t h e 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 t h e same p u r p o r t that such person knows t o be false, or who, with fraudulent intent, publicly distributes or i m p o r t s for public distribu- Iion any aiticle beaiing such notice or words t h a t such person knows to be false, shall be fined not more t h a n $2,500. ( d ) FRAUDULENT REMOVAL o r COPYRIGHT N O T I C E . — A n y person who, with fraudulent intent, removes or alters a n y notice of copyright appearing on a copy of a copyrighted work shall be fined n o t more than $2,500. (e) FALSE REPRESENTATION.—Any person who knowingly makes a false representation of a material fact in t h e application for copy- right registration provided for by section 409, or in any written state- ment filed in connection with t h e application, shall be fined not more than $2,500. 17 u s e 507. § 507. L i m i t a t i o n s on a c t i o n s (a) CRIMINAL PROCEEDINGS.—No criminal proceeding shall be maintained under the provisions of this title unless i t is commenced within three years after the cause of action arose. (b) CIVIL ACTIONS.—No civil action shall be maintained under t h e provisions of this title unless i t is commenced within three years after the claim accrued. 17 u s e 508. § 508. Notification of filing a n d d e t e r m i n a t i o n of a c t i o n s (a) W i t h i n one month after the filing of a n y action under this title, t h e clerks of the courts of the United States shall send written notification to t h e Register of Copyrights setting forth, as far as is
PUBLIC LAW 94-553—OCT. 19, 1976 90 STAT. 2587 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 Kegister 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 Copy- right Office. § 509. Seizure and forfeiture 17 USC 509. (a) All copies or phonorecords manufactured, reproduced, distrib- uted, 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, mechan- ical, or other devices 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, mer- chandise, and baggage for violations of the customs laws contained in title 19, (ii) the disposition of such vessels, vehicles, merchandise, 19 USC 1 et seq. 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 for- feitures, 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 to 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. § 510. Remedies for alteration of programing by cable systems 17 USC 510. (a) In any action filed pursuant to section 111(c) (3), the following remedies shall be available: (1) Wliere an action is brought by a party identified in subsec- tions (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 subsec- tion (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 sub- section (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.
90 STAT. 2588 PUBLIC LAW 94-553—OCT. 19, 1976 Chapter 6.—MANUFACTURING REQUIREMENTS AND IMPORTATION Sec. 601. Manufacture, importation, and public distribution of certain copies. 602. Infringing importation of copies or plionorecords. 603. Importation prohibitions: Enforcement and disposition of excluded articles. 17 use 601. § 601. Manufacture, importation, and public distribution of cer- tain copies (a) Prior to July 1,1982, 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 nondramtic 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 sub- stantial 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 sub- sustantial part of the work was prepared for an employer or other person who is not a national or domiciliary of the United States ,^ J u 5. 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 :>8l 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 t 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
PUBLIC LAW 94-553—OCT. 19, 1976 90 STAT. 2589 (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 a 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 per- formed in the United States or Canada; or (2) in the case where the making of plates by a lithographic or photoengraving process is a final or intermediate step preced- ing the printing of the copies, the making of the plates has been performed in the United States or Canada; and (3) in any case, the printing or other final process of producing multiple copies and any binding of the copies have been per- formed in the United States or Canada. (d) Importation or public distribution of copies in violation of this = v •*' 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 reproduce and distribute copies of the work, the infrinsfer has a complete defense with respect to all of the non- , dramatic 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 w^as 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 repro- duce 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 per- sons or organizations who performed the processes specified by subsec- tion (c) with respect to that material, and the places where those processes were performed. § 602. Infringing importation of copies or phonorecords 17 USC 602. (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 infringe- ment of the exclusive right to distribute copies or phonorecords under 89-194 O—78—pt. 2 71
90 STAT. 2590 PUBLIC LAW 94-553—OCT. 19, 1976 section 106, 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 use in schools, or copies of any audiovisual work imported 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 schol- arly, 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 dis- tribution, engaged in by such organization in violation of the pro- visions 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 Serv- ice has no authority to prevent their importation unless the provisions Regulations. 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 or phonorecords of the work. 17 use 603. § 603. Importation prohibitions: Enforcement and disposition of excluded articles Regulations. (a) The Secretary of the Treasury and the United States Postal Service shall separately or jointly make regulations for the enforce- ment of the provisions of this title prohibiting importation. (b) These regulations may require, as a condition for the exclusion of articles under section 6 0 2 ^ (1) that the person seeking exclusion obtain a court order enjoining importation of the articles; or Surety bond. (2) that the person seeking exclusion furnish proof, of a speci- fied 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. For- - feited articles shall be destroyed as directed by the Secretary of the Treasury or the court, as the case may be; however, the articles may be returned to the country of export whenever it is shown to the satisfac- tion of the Secretary of the Treasury that the importer had no reason- able grounds for believing that his or her acts constituted a violation of law.
PUBLIC LAW 94-553—OCT. 19, 1976 90 STAT. 2591 Chapter 7.~C0PYRIGHT OFFICE Sec. 701. The Copyright OfBce: General responsibilities and organization. 702. Copyright OflSce 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. Reproductions for use of the blind and physically handicapped: Voluntary licensing forms and procedures. §701. The Copyright Office: General responsibilities and orga- 17 use 701. nization (a) All administrative functions and duties under this title, except as otherwise specified, are the responsibility of the Register of Copy- rights 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 Seal. 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 Report to Librarian of Congress of the work and accomplishments of the Copy- Librarian of right Office during the previous fiscal year. The annual report o,f the Congress. 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 I I and Chapter 7). 5 use 551, 701. § 702. Copyright Office regulations 17 use 702. 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. § 703. Effective date of actions in Copyright Office 17 use 703. 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 o,f Columbia or the Federal Government, the action may be taken on the next suc- ceeding business day, and is effective as oi the date when the period expired. § 704. Retention and disposition of articles deposited in Copyright 17 use 704. Office (a) Upon their deposit in the Copyright Office under sections 407 and 408, all copies, phonorecords, and identifying material, includ- ing those deposited in connection Avith 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 identifvin^ material deposited are available to the Library of Con- gress for its collections, or for exchange or transfer to any other library. In the case of unpublished works, the Library is entitled, Regulations.
90 STAT. 2592 PUBLIC LAW 94-553—OCT. 19, 1976 under regulations that the Eegister 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 gen- eral 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 registra- tion, before transferring such material to the Library of Congress as provided by subsection (b), or before destroying or otherwise dis- posing 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 Govern- ment storage facilities, for the longest period considered practicable and desirable by the Register of Copyrights and the Librarian o,f Congress. After that period it is within the joint discretion of the Register and the Librarian to order their destruction or other dispo- sition; but, in the case of unpublished works, no deposit shall be knowingly or intentionally destroyed or otherwise disposed of dur- ing its term of copyright unless a facsimile reproduction of the entire deposit has been made a part of the Copyright Office records as pro- vided 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 o,f copyright in the work. The Regis- ter 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. 17 use 705. § 705. Copyright Office records: Preparation, maintenance, public inspection, and searching (a) The Register of Copyrights shall provide and keep in the Copy- right 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 aiticles deposited in connection with completed copyright registrations and retained under the control of the Copyright Office, shall be open to public inspection. Report. (c) ITpon 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 dis- close with respect to any particular deposits, registrations, or recorded documents. 17 use 706. § 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 o.f any public records or indexes may be furnished upon request and payment of the fees specified by section 708. (b) Copies or reproductions of deposited articles retained under the control of the Copyright Office shall be authorized or furnished only under the conditions specified by the Copyright Office regulations. 17 use 707. § 707. Copyright Office forms and publications (a) CATALOG OF COPYRIGHT ENTRIES.—The Register of Copyrights shall compile and publish at periodic intervals catalogs of all copy- right registrations. These catalogs shall be divided into parts in accordance with the various classes of works, and the Register has
PUBLIC LAW 94-553—OCT. 19, 1976 90 STAT. 2593 discretion to determine, on the basis of practicability and usefulness, the form and frequency of publication of each particular part. (b) OTHER PUBLICATIONS.—The Register shall furnish, free of charge upon request, application forms for copyright registration and general informational material in connection with the functions of the Copyright Office. The Register also has the authority to publish compilations of information, bibliographies, and other material he or she considers to be of value to the public. (c) DISTRIBUTION OP PUBLICATIONS.—^AU publications of the Copy- right Office shall be furnished to depository libraries as specified under section 1905 of title 44, and, aside from those furnished free of charge, shall be offered for sale to the public at prices based on the cost of reproduction and distribution. § 708. Copyright Office fees 17 USC 708. (a) The following fees shall be paid to the Register of Copyrights: (1) for the registration of a copyright claim or a supplemen- tary registration under section 408, including the issuance of a certificate of registration, $10; (2) for the 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, $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 trans- fer 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 inten- tion 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 pseudony- mous 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 state- ment, $3; (8) for the issuance, under section 706, of an additional certifi- icate 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 Copy- rights may fix on the basis of the cost of providing the service. (b) The fees prescribed by or under this section are applicable to Waiver, 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 involv- ing relatively small amounts. (c) The Register of Copyrights shall deposit all fees in the Treas- ury of the United States in such manner as the Secretary of the Treas- ury directs. The Register may, in accordance with regulations that Regulations.
90 STAT. 2594 PUBLIC LAW 94-553—OCT. 19, 1976 he or she shall prescribe, refund any sum paid by mistake or in excess of the fee required by this section; however, before making a refund in any case involving a refusal to register a claim under section 410 (b), the Register may deduct all or any part of the prescribed registra- tion fee to cover the reasonable administrative costs of processing the claim. 17 use 709. § 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. 17 use 710. § 710. Reproduction for use of the blind and physically handi- capped: Voluntary licensing forms and procedures Regulation. 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 regula- tion standardized forms and procedures by which, at the time appli- cations 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 phono- records 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 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. 17 use 801. § 801. Copyright Royalty Tribunal: Establishment and purpose (a) There is hereby created 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 rea- sonable 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 appli- cable under sections 115 and 116 shall be calculated to achieve ' the following objectives: (A) To maximize the availability of creative works to the .0'). -. public;
PUBLIC LAW 94-553—OCT. 19, 1976 90 STAT. 2595 (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, tech- nological 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 the 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 trans- missions 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 pro- viding 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 i 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 sec- ondary 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 reason- able in the light of the changes effected by the amendment to such rules and regulations. In determining the reasonable- ness of rates proposed following an amendment of Federal Communications Commission rules and regulations, the Copy- right Royalty Tribunal shall consider, among other factors, the economic impact on copyright owners and users: Pro- ' vided, That no adjustment in royalty rates shall be made under this subclause with respect to any distant signal equiva- lent or fraction thereof represented by (i) carriage of any sigTial permitted under the rules and regulations of the 7rf>?f Communications Commission in effect on April 15, 1976, or the carriage of a signal of the same type (that is, - independent, network, or noncommercial educational) sub- stituted for such permitted signal, or (ii) a television broad- cast signal first carried after April 15, 1976, pursuant to an
90 STAT. 2596 PUBLIC LAW 94-553—OCT. 19, 1976 individual waiver of the rules and regulations of the Federal Communications Commission, as such rules and regulations were in effect on April 15,1976. (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 broad- cast 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) to distribute royalty fees deposited with the Register of Copyrights under sections 111 and 116, and to determine, in cases where controversj^ exists, the distribution of such fees, Notice. (c) 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 sec- tion 802, and shall designate an order of seniority among the initially- appointed commissioners for purposes of section 802(b). 17 use 802. § 802. Membership of the Tribunal (a) The Tribunal shall be composed of five commissioners appointed by the President with the advice 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 herea,fter prescribe 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 filled, for the unexpired term of the appointment, in the same man- ner as the original appointment was made. 17 use 803. § 803. Procedures of the Tribunal (a) The-Tribunal shall adopt regulations, not inconsistent with law, governing its 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 I I 5 use 551, 701. and chapter 7). Publication in (b) Every final determination of the Tribunal shall be published in Federal Register. the Federal Register. It shall state in detail the criteria that the Tri- bunal determined to be applicable to the particular proceeding, the
PUBLIC LAW 94-553—OCT. 19, 1976 90 STAT. 2597 various facts that it found relevant to its determination in that pro- ceeding, and the specific reasons for its determination. § 804. Institution and conclusion of proceedings 17 use 804. (a) With respect to proceedings under section 801(b) (1) concern- ing the adjustment 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 Publication in cause to be published in the Federal Register notice of commence- Federal Register. ment 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 inter- est in the royalty rate in which an adjustment is requested. If the Publication in Tribunal determines that the petitioner has a significant interest, Federal Regisiter. 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 duiing 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 peti- tion may be filed in 1990 and in each subsequent tenth calendar year. (b) AVith respect to proceedings under subclause (B) or (C) of section 801 (b) (2), following an event described in either of those sub- sections, any owner or user of a copyrighted work whose royalty rates are specified by section 111, or by a rate established by the Tribunal, may, within twelve months, file a petition 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 paymer^ts as provided in section 118, the Tribunal shall proceed when and as pro- vided by that section. (d)Witli respect to proceedings under section 801(b)(3), concern- Publication in ing the distribution of royalty fees in certain circumstances under Federal Register. sections 111 or 116, the Chairman of the Tribunal shall, upon determi- nation by the Tribunal that a controversy exists concerning such dis- tribution, 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 within one year from the date of such publication.
90 STAT. 2598 PUBLIC LAW 94-553—OCT. 19, 1976 17 use 805. § 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 5 use 3109. to the same extent as is authorized by section 3109 of title 5. 17 use 806. § 806. Administrative support of the Tribunal (a) The Library of Congress shall provide the Tribunal with neces- sary 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. 17 use 807. § 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. 17 use 808. § 808. Reports In addition to its publication of the reports of all final determina- tions 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 state- ment of account. 17 use 809. § 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 lees 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. 17 use 810. § 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 5 use 701. 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. TRANSITIONAL AND SUPPLEMENTARY PROVISIONS 17 use note SEC. 102. This Act becomes effective on January 1, 1978, except as prec. 101. otherwise expressly provided by this Act, including provisions of the
PUBLIC LAW 94-553—OCT. 19, 1976 90 STAT. 2599 first section of this Act. The provisions of sections 118, 304(b), and chapter 8 of title 17, as amended by the first section of this Act, take effect upon enactment of this Act. SEC. 103. This Act does not provide copyright protection for any 17 USC note work that goes into the public domain before January 1, 1978. The prec. 101. exclusive rights, as provided by section 106 of title 17 as amended by the first section of this Act, to reproduce a work in phonorecords and to distribute phonorecords of the work, do not extend to any nondramatic musical work copyrighted before July 1,1909. SEC. 104. All proclamations issued by the President under section 17 USC note 1(e) or 9(b) of title 17 as it existed on December 31, 1977, or under P^ec. 104. previous copyright statutes of the United States, shall continue in force until terminated, suspended, or revised by the President. SEC. 105. (a) (1) Section 505 of title 44 is amended to read as follows: "§ 505. Sale of duplicate plates 44 USC 505. "The Public Printer shall sell, under regulations of the Joint Com- mittee on Printing to persons who may apply, additional or duplicate stereotype or electrotype plates from which a Government publication is printed, at a price not to exceed the cost of composition, the metal, and making to the Government, plus 10 per centum, and the full amount of the price shall be paid when the order is filed.". (2) The item relating to section 505 in the sectional analysis at the beginning of chapter 5 of title 44, is amended to read as follows: . . .! "505. Sale of duplicate plates.". (b) Section 2113 of title 44 is amended to read as follows: "§ 2113. Limitation on liability 44 USC 2113. "When letters and other intellectual productions (exclusive of patented material, published works under copyright protection, and unpublished works for which copyright registration has been made) come into the custody or possession of the Administrator of General Services, the United States or its agents are not liable for infringe- x]:} i^i ment of copyright or analogous rights arising out of use of the mate- rials for display, inspection, research, reproduction, or other purposes.". (c) In section 1498(b) of title 28, the phrase "section 101(b) of 28 USC 1498. title 17" is amended to read "section 504(c) of title 17". (d) Section 543(a)(4) of the Internal Kevenue Code of 1954, as 26 USC 543. amended, is amended by striking out "(other than by reason of sec- tion 2 or 6 thereof)". (e) Section 3202(a) of title 39 is amended by striking out clause 39 USC 3202, (5). Section 3206 of title 39 is amended by deleting the words "sub- 3206. sections (b) and (c)" and inserting "subsection ( b ) " in subsection (a), and by deleting subsection (c). Section 3206(d) is renumbered (c). (f) Subsection (a) of section 290(e) of title 15 is amended by 15 USC 290e. deleting the phrase "section 8" and inserting in lieu thereof the phrase "section 105". (g) Section 131 of title 2 is amended by deleting the phrase "deposit 2 USC 131. to secure copyright," and inserting in lieu thereof the phrase "acquisi- tion of material under the copyright law,". SEC. 106. In any case where, before January 1, 1978, a person has 17 USC 115 note, lawfully made parts of instruments serving to reproduce mechanically a copyrighted work under the compulsory license provisions of section l(e)_ of title 17 as it existed on December 31, 1977, such person may continue to make and distribute such parts embodying the same mechanical reproduction without obtaining a new compulsory license
90 STAT. 2600 PUBLIC LAW 94-553—OCT. 19, 1976 under the terms of section 115 of title 17 as amended by the first section of this Act. However, such parts made on or after January 1, 1978, constitute phonorecords and are otherwise subject to the provisions of said section 115. 17 use 304 note. SEC. 107. In the case of any work in which an ad interim copyright is subsisting or is capable of bein^ secured on December 31, 1977, under section 22 of title 17 as it existed on that date, copyright pro- tection is hereby extended to endure for the term or terms provided by section 304 of title 17 as amended by the first section of this Act. 17 use 401 note. SEC. 108. The notice provisions of sections 401 through 403 of title 17 as amended by the first section of this Act apply to all copies or phonorecords publicly distributed on or after January 1, 1978. How- ever, in the case of a work published before January 1, 1978, compli- ance with the notice provisions of title 17 either as it existed on December 31, 1977, or as amended by the first section of this Act, is adequate with respect to copies puolicly distributed after Decem- ber 31, 1977. 17 use 410 note. SEC. 109. The registration of claims to copyright for which the required deposit, application, and fee were received in the Copyright Office before January 1, 1978, and the recordation of assignments of copyright or other instruments received in the Copyright Office before January 1,1978, shall be made in accordance with title 17 as it existed on December 31,1977. 17 use 407 note. SEC. 110. The demand and penalty provisions of section 14 of title 17 as it existed on December 31, 1977, apply to any work in which copyright has been secured by publication with notice of copy- right on or before that date, but any deposit and registration made after that date in response to a demand under that section shall be made in accordance with the provisions of title 17 as amended by the first section of this Act. SEC. 111. Section 2318 of title 18 of the United States Code is amended to read as follows: 18 use 2318. "§ 2318. Transportation, sale or receipt of phonograph records bearing forged or counterfeit labels "(a) Whoever knowingly and with fraudulent intent transports, causes to be transported, receives, sells, or offers for sale in interstate or foreign commerce any phonograph record, disk, wire, tape, film, or other article on which sounds are recorded, to which or upon which is stamped, pasted, or affixed any forged or counterfeited label, know- ing the label to have been falsely made, forged, or counterfeited shall be fined not more than $10,000 or imprisoned for not more than one year, or both, for the first such offense and shall be fined not more than $25,000 or imprisoned for not more than two years, or both, for any subsequent offense. "(b) 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 counterfeit labels and all articles to which counterfeit labels have been affixed or which were intended to have had such labels affixed.". "(c) Except to the extent they are inconsistent with the provisions of this title, all provisions of section 509, title 17, United States Code, are applicable to violations of subsection (a).". 17 use 501 note. SEC. 112. All causes of action that arose under title 17 before January 1, 1978, shall be governed by title 17 as it existed when the cause of action arose.
PUBLIC LAW 94-553—OCT. 19, 1976 90 STAT. 2(S01 SEC. 113. (a) The Librarian of Congress (hereinafter referred to American as the "Librarian") shall establish and maintain in the Library of Television and Congress a library to be known as the American Television and Radio Radio Archiveis Archives (hereinafter referred to as the "Archives"). The purpose of Act the Archives shall be to preserve a permanent record of the television 2 u s e 170. and radio programs which are the heritage of the people of the United States and to provide access to such programs to historians and scholars without encouraging or causing copyright infringement. (1) The Librarian, after consultation with interested organi- zations and individuals, shall determine and place in the Archives such copies and phonorecords of television and radio programs transmitted to the public in the United States and in other coun- tries which are of present or potential public or cultural interest, historical significance, cognitive value, or otherwise worthy of preservation, including copies and phonorecords of published and unpublished transmission programs— (A) acquired in accordance with sections 407 and 408 of title 17 as amended by the first section of this Act; and (B) transferred from the existing collections of the Library of Congress; and (C) given to or exchanged with the Archives by other libraries, archives, organizations, and individuals; and (D) purchased from the owner thereof. (2) The Librarian shall maintain and publish appropriate catalogs and indexes of the collections of the Archives, and shall make such collections available for study and research under the conditions prescribed under this section. (b) Notwithstanding the provisions of section 106 of title 17 as amended by the first section of this Act, the Librarian is authorized with respect to a transmission program which consists of a regularly scheduled newscast or on-the-spot coverage of news events and, under standards and conditions that the Librarian shall prescribe by regulation— (1) to reproduce a fixation of such a program, in the same or another tangible form, for the purposes of preservation or secu- rity or for distribution under the conditions of clause (3) of this subsection; and (2) to compile, without abridgment or any other editing, portions of such fixations according to subject matter, and to reproduce such compilations for the purpose of clause (1) of this subsection; and (3) to distribute a reproduction made under clause (1) or (2) of this subsection— (A) by loan to a person engaged in research; and (B) for deposit in a library or archives which meets the requirements of section 108(a) of title 17 as amended by the first section of this Act, in either case for use only in research and not for further reproduction or performance. (c) The Librarian or any employee of the Library who is acting under the authority of this section shall not be liable in any action for copvright infringement committed by any other person unless the Librarian or such employee knowingly participated in the act of infringement committed by such person. Nothing in this section shall be construed to excuse or limit liability under title 17 as amended by the first section of this Act for any act not authorized by that title or this section, or for any act performed by a person not authorized to act under that title or this section.
90 STAT. 2602 PUBLIC LAW 94-553—OCT. 19, 1976 Citation of (d) This section may be cited as the "American Television and section. Radio Archives Act". Appropriation gj,^ -^^^ There are hereby authorized to be appropriated such funds 17 use* ^*t" ^^ "^^y ^^ necessary to carry out the purposes of this Act. prec 101. ^^^' ^^^' ^^ *^^y provision of title 17, as amended by the first section Severability. ^f this Act, is declared unconstitutional, the validity of the remainder 17 use note of this title is not affected. '"^^^' Approved October 19, 1976. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-1476 (Coram, on the Judiciary) and No. 94-1733 (Coram, of Conference). SENATE REPORT No. 94-473 (Comra. on the Judiciary). CONGRESSIONAL RECORD, Vol. 122 (1976): Feb. 6, 16-19, considered and passed Senate. Sept. 22, considered and passed House, amended. Sept. 30, Senate and House agreed to conference report.