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Title: Copyright Law of the United States of America:
       contained in Title 17 of the United States Code.

Author: Library of Congress Copyright Office

Release Date: May 3, 2008 [EBook #252]

Language: English

Character set encoding: ASCII

*** START OF THIS PROJECT GUTENBERG EBOOK COPYRIGHT LAW OF THE UNITED STATES ***












Copyright Act of 1976

Source:  Title 17, United States Code, Sections 101-810.

[Sections 106, 107, and 108 of the U.S.  Copyright Act are of
particular interest to the projected user community of this
information.  However, in order to have the convenience of access to
the complete act available it is provided here in its entirety.]



Section 101.  Definitions.

As used in this title, the following terms and their variant forms mean
the following:

An "anonymous work" is a work on the copies or phonorecords of which no
natural person is identified as author.

"Audiovisual works" are works 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 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 assembling of
preexisting materials or of data that are selected, coordinated, or
arranged in such a way that the resulting work as a whole constitutes
an original work of authorship.  The term "compilation" includes
collective works.

A "computer program" is a set of statements or instructions to be used
directly or indirectly in a computer in order to bring about a certain
result.

"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 otherwise 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 particular 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 preexisting works,
such as a translation, musical arrangement, dramatization,
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
processor, 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 copy 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.

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 otherwise 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-dimensional 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 considered 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 phonorecords 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 phonorecords
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 constitute
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 process, whether the members of the public capable of
receiving the performance or display receive it in the same place or in
separate places and at the same time or at different times.

"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 Commonwealth 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, mortgage,
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 effect, but not including a nonexclusive license.

A "transmission program" is a body of material that, as an aggregate,
has been produced for the sole purpose of transmission to the public 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, comprises the
several States, the District of Columbia and the Commonwealth 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 any
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 supplementary 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 work prepared for publication as a secondary adjunct to a
work 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.


Section 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
expression, now known or later developed, from which they can be
perceived, reproduced, or otherwise communicated, either directly or
with the aid of a machine or device.  Works of authorship include the
following categories:

(1) literary works: (2) musical works, including any accompanying
words; (3) dramatic works, including any accompanying music; (4)
pantomimes and choreographic works; (5) pictorial, graphic, and
sculptural works; (6) motion pictures and other audiovisual works; and
(7) sound recordings.

(b)  In no case does copyright protection for an original work of
authorship extend to any idea, procedure, process, system, method of
operation, concept, principle, or discovery, regardless of the form in
which it is described, explained, illustrated, or embodied in such work.


Section 103.  Subject matter of copyright: Compilations and derivative
works.

(a)  The 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 not
extend to any part of the work in which such material has been used
unlawfully.

(b)  The copyright in a compilation or derivative work extends only to
the material contributed by the author of such work, as distinguished
from the preexisting material employed in the work, and does not imply
any exclusive right in the preexisting material.  The copyright in such
work is independent of, and does not affect or enlarge the scope,
duration, ownership, or subsistence of, any copyright protection in the
preexisting material.


Section 104.  Subject matter of copyright: National origin.

(a)  Unpublished Works.--The works specified by sections 102 and 103,
while unpublished, are subject to protection under this title without
regard to the nationality or domicile of the author.

(b)  Published Works.--The works specified by section 102 and 103, when
published, are subject to protection under this title if--

(1) on the 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 that is a party
to a copyright treaty to which the United States is also a party, or is
a stateless person, wherever that person may be domiciled; or

(2) the work is first published in the United States or in a foreign
nation that, on the date of first publication, is a party to the
Universal Copyright Convention; or

(3) the work is first published by the United Nations or any of its
specialized agencies, or by the Organization of American States; or

(4) the work comes within the scope of a Presidential proclamation.
Whenever the President finds that a particular foreign nation extends,
to works by authors who are nationals or domiciliaries of the United
States or to works that are first published in the United States,
copyright protection on substantially the same basis as that on which
the foreign nation extends protection to works of its own nationals and
domiciliaries and works first published in that nation, the President
may by proclamation extend protection under this title to works of
which one or more 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.


Section 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.


Section 106.  Exclusive rights in copyrighted works.

Subject to sections 107 through 118, the owner of copyright 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 publicly.


Section 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 relation to
the copyrighted work as a whole; and

(4) the effect of the use upon the potential market for or value of the
copyrighted work.


Section 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 purpose of
direct or indirect commercial advantage;

(2) the collections of the library or archives are

(i) open to the public, or

(ii) available not only to researchers affiliated with the library 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 any 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 warning 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
investigation, that a copy or phonorecord of the copyrighted work
cannot be obtained at a pair (sic) prices, 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 warning of
copyright in accordance with requirements that the Register 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 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;

(3)  shall be construed to limit the reproduction and distribution by
lending of a limited number of copies and excerpts by a library or
archives of an audiovisual new program, subject to clauses (1), (2),
and (3) of subsection (a); or

(4) in any way affects the rights of fair use as provided by 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,
but 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 cause prevents a library or
archives from participating in interlibrary arrangements 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 subscription to or purchase of such
work.

(h) The rights of reproduction and distribution under the 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 right granted by subsections (b) and (c), or with respect to
pictorial or graphic works published as illustrations, diagrams, or
similar adjuncts to works of which copies are reproduced or distributed
in accordance with subsections (d) and (e).

(i) Five years from the effective date of this Act, and at five-year
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
statutory 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.


Section 109.  Limitations on exclusive rights:  Effect of transfer of
particular copy or phonorecord.

(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.

(b) (1) Notwithstanding the provisions of subsection (a), unless
authorized by the owners of copyright in the sound recording and in the
musical works embodied therein, the owner of a particular phonorecord
may not, for purposes of direct or indirect commercial advantage,
dispose of, or authorize the disposal of, the possession of that
phonorecord by rental, lease, or lending, or by any other act or
practice in the nature of rental, lease, or lending.  Nothing in the
preceding sentence shall apply to the rental, lease, or lending of a
phonorecord for nonprofit purposes by a nonprofit library or nonprofit
educational institution.

(2) Nothing in this subsection shall affect any provision of the
antitrust laws.  For purposes of the preceding sentence, "antitrust
laws" has the meaning given that term in the first section of the
Clayton Act and includes section 5 or the Federal Trade Commission Act
to the extent that section relates to unfair methods of competition.

(3) Any person who distributes a phonorecord in violation of clause (1)
is an infringer of copyright under section 501 of this title and is
subject to the remedies set forth in sections 502, 503, 504, 505, and
509.  Such violation shall not be a criminal offense under section 506
or cause such person to be subject to the criminal penalties set forth
in section 2319 of title 18.

(c)  Notwithstanding the provisions of section 106(5), the owner of a
particular copy lawfully made under this title, or any person
authorized by such owner, is entitled, without the authority of the
copyright 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.

(d)  The privileges prescribed by subsections (a) and (b) [so as
amended, should be "(a) and (c)"] do not, unless authorized by the
copyright owner, extend to any person who has acquired possession of
the copy or phonorecord from the copyright owner, by rental, lease,
loan, or otherwise, without acquiring ownership of it.


Section 110.  Limitations on exclusive rights: Exemption of certain
performances 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 educational
institution, in a classroom or similar place devoted to instruction,
unless, in the case of a motion picture or other audiovisual 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 assistance to
the teaching content of the transmission; and

(C) the transmission is made primarily for--

(i) reception in classrooms or similar places normally to instruction,
or

(ii) reception by persons to whom the transmission is because their
disabilities or other special circumstances prevent their attendance in
classrooms or similar places normally devoted to instruction, or

(iii) reception by officers or employees of governmental bodies as a
part of their official duties or employment;

(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 purpose 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 producing the
performance, are used exclusively for educational, religious, or
charitable purposes and not for private 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 responsible for the
performance at least seven days before the date of the performance, and
shall state the reasons for the objection; and

(iii) the notice shall comply, in form, content, and manner of service,
with requirements that the Register of Copyrights shall prescribe by
regulation; (5) communication of a transmission embodying a performance
or display of a work by the public reception of the transmission 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 governmental body or
a nonprofit agricultural or horticultural organization, in the course
of an annual agricultural or horticultural fair or exhibition conducted
by such body or organization; the exemption provided by this clause
shall extend to any liability for copyright infringement that would
otherwise be imposed on such body or organization, under doctrines of
vicarious liability or related infringement, for a performance by a
concessionaire, 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 performance 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 immediate 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 advantages
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 performance, 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.

(10) notwithstanding paragraph 4 above, the following is not an
infringement of copyright:  performance of a nondramatic literary or
musical work in the course of a social function which is organized and
promoted by a nonprofit veterans' organization or a nonprofit fraternal
organization to which the general public is not invited, but not
including the invitees of the organizations, if the proceeds from the
performance, after deducting the reasonable costs of producing the
performance, are used exclusively for charitable purposes and not for
financial gain.  For purposes of this section the social functions of
any college or university fraternity or sorority shall not be included
unless the social function is held solely to raise funds for a specific
charitable purpose.


Section 111.  Limitations on exclusive rights:  Secondary transmissions.

(a) Certain Secondary Transmissions Exempted.--The secondary
transmission of a primary transmission embodying a performance or
display of a work is not an infringement of copyright if--

(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, or signals transmitted by a
broadcast station licensed by the Federal Communications Commission,
within the local service area of such station, to the private lodgings
of guests or residents of such establishment, 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 others:  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 organization, without
any purpose of direct or indirect commercial advantage, 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 of Primary Transmission to Controlled
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 actionable as an act of
infringement under section 501, and is fully subject to the remedies
provided by sections 502 through 506 and 509, if the 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 Communication; and

(2) the carriage of the signals comprising the secondary transmission
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 subsection,
the willful or repeated 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 remedies provided by sections
502 through 506 and 509, in the following cases:

(A) where the carriage of the signals comprising the secondary
transmission is not permissible under the rules, regulations, 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).

(3) Notwithstanding the provisions of clause (1) of this subsection and
subject to the provisions of subsection (e) of this 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 remedies provided by sections 502 through 506 and
sections 509 and 510, if the content of the particular program in which
the performance or display is embodied, or any commercial advertising
or station 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 advertising market research:  *Provided*,
That the research company has obtained the 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 transmissions:

*And provided further*, That such commercial 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 subsection,
the secondary transmission to the public by a cable system 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 for 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.

(d) Compulsory License for Secondary Transmissions by Cable Systems--

(1) For any secondary transmission to be subject to compulsory
licensing under subsection (c), the cable system shall, at least one
month before the date of the commencement of operations of the cable
system or within one hundred and eighty days after the enactment of
this Act, whichever is later, and thereafter within thirty days after
each occasion on which the ownership or control or the signal carriage
complement of the cable system changes, record in the Copyright Office
a notice including a statement of 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 thereafter, 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 consultation 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 preceding,
specifying the number of channels on which the cable system made
secondary transmissions to its subscribers, the names and locations of
all primary transmitters whose 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 consultation 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 statement of
account covering any nonnetwork television programming that was carried
by the cable system in whole 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 circumstances, 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 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
transmitter, such amount to be applied against the fee, if any, payable
pursuant to paragraphs (ii) through (iv);

(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, third, 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 paragraph (ii)
through (iv), above, any fraction of a distant signal equivalent shall
be computed at its fractional value and, in the case of any cable
system located partly within and partly without the local service area
of a primary transmitter, gross receipts shall be limited to those
gross receipts derived from subscribers located without the local
service area of such primary transmitter; 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 primary 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 that $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 Copyright Royalty Tribunal as
provided by this title.  The Register shall submit to the Copyright
royalty Tribunal, on a semiannual basis, a compilation of all
statements of account covering the relevant six-month period provided
by clause (2) of this subsection.

(4) The royalty fees thus deposited shall, in accordance with 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 secondary transmission
made by a cable system of a nonnetwork television program in whole or
in part beyond the local service area of the primary transmitter; and

(B) any such owner whose work was included in a secondary transmission
identified in a special statement of account deposited under clause
(2)(A); and

(C) any such owner whose work was included in nonnetwork 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 accordance with the following procedures:

(A) During the month of July in each year, every person claiming to be
entitled to compulsory license fees for secondary 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
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.

(B) After the first day of August of each year, the Copyright 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, after deducting its reasonable
administrative costs under this 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
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 have discretion to proceed to distribute any amounts
that are not in controversy.

(e) Nonsimultaneous Secondary Transmissions by Cable Systems.--

(1) Notwithstanding those provisions of the second paragraph of
subsection

(f) relating to nonsimultaneous secondary transmissions by a cable
system, any such transmissions are actionable as an act of infringement
under section 501, and are fully subject to the remedies provided 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 reasonable precautions
to prevent such duplication if it does not own or control the facility,

(iii) takes adequate precautions to prevent duplication while the tape
is being transported, 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 affidavit, 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, regulations, and
authorizations of the Federal Communications Commission in effect at
the time of the nonsimultaneous transmission if the transmission had
been made simultaneously, except that this subclause shall not apply to
inadvertent 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.

(4) As used in this subsection, the term "videotape," and each of its
variant forms, means the reproduction of the images and sounds of a
program or programs broadcast 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 transmission, 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 transmission by a cable system located in
Hawaii of a primary transmission 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 television broadcast
stations licensed by the Federal Communications Commission, and makes
secondary transmission 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
headend 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, regulation, and authorizations 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.

"In the case of a low power television station, as defined by the rules
and regulations of the Federal Communications Commission, the 'local
service area of a primary transmitter' comprises the area within 35
miles of the transmitter site, except that in the case of such a
station located in a standard metropolitan statistical area which has
one of the 50 largest populations of all standard metropolitan
statistical areas (based on the 1980 decennial census of population
taken by the Secretary of Commerce), the number of miles shall be 20
miles."

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 programing so carried pursuant to the rules, regulations,
and authorizations of the Federal Communications Commission.  The
foregoing values for independent, network, and noncommercial
educational stations are subject, however, to the following exceptions
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 program 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 non-live 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 authorizations
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 multiplied by a fraction that has
as its numerator the number of days in the year in which such
substitution occurs and as its denominator 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 broadcast
hours of such station carried by the cable system to the total
broadcast hours of the station.

A "network station" is a television broadcast station that is owned or
operated by, or affiliated with, one or more of the television networks
in the United States providing nationwide transmissions, 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 system" is a television station that is a
noncommercial educational broadcast station as defined in section 397
of title 47.


Section 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
exclusive rights in sound recordings specified by section 114(a), to
make no more than one copy or phonorecord of a particular transmission
program 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

(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

(3) unless preserved exclusively for archival purposes, the copy or
phonorecord is destroyed 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 program was
first transmitted to the public.

(c) Notwithstanding the provisions of section 106, it is not an
infringement of copyright for a governmental body or other nonprofit
organization to make for distribution no more than one copy or
phonorecord, for each transmitting organization specified in clause (2)
of this subsection, of a particular transmission program embodying a
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 copyright; and

(3) except for one copy or phonorecord that may be preserved
exclusively for archival purposes, the copies or phonorecords are all
destroyed within one year from the date the transmission program 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 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 transmissions
authorized under section 110(8), or for purposes or archival
preservation or security; and

(3) the governmental body or nonprofit organization permitting any use
of any such copy or phonorecord by any governmental 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 derivative work
under this title except with the express consent of the owners of
copyright in the preexisting works employed in the program.


Section 113.  Scope of exclusive rights in pictorial, graphic, and
sculptural work.

(a) Subject to the provisions of subsections (b) and (c) of this
section, 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 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.

(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 display 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.


Section 114.  Scope of exclusive rights in sound recordings.

(a) The exclusive rights of the owner of copyright in a sound recording
are limited to the rights specified by clauses (1), (2), and (3) of
section 106, and do not include any right of performance under section
106(4).

(b) The exclusive right of the owner of copyright in a sound recording
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
recapture the actual sounds fixed in the recording.  The exclusive
right of the owner of copyright in a sound recording under clause (2)
of section 106 is limited to the right to prepare a derivative work 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
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
perform publicly, by means of a phonorecord, any of the works specified
by section 106(4).

(d) On January 3, 1978, the Register of Copyrights, after consulting
with representatives of owners of copyrighted materials,
representatives 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 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.


Section 115.  Scope of exclusive rights in nondramatic musical works:
Compulsory license for making and distributing phonorecords.

In the case of nondramatic musical works, the exclusive rights provided
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 License.--

(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 complying with the
provisions of this section, obtain a compulsory license only if his or
her primary purpose in making phonorecords is to distribute them to the
public for private use.  A person may obtain a compulsory license for
use of the work in the making of phonorecords duplicating a sound
recording fixed by another, unless: (i) such sound recording was fixed
lawfully; and (ii) the making of the phonorecords was authorized by the
owner of copyright in the sound recording or, if the sound recording
was fixed before February 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 work in a sound recording.

(2) A compulsory license includes the privilege of making a musical
arrangement of the work to the extent necessary to conform it to the
style or manner of interpretation of the performance involved, but the
arrangement shall not change the basic melody or fundamental character
of the work, and shall not be subject to protection as a derivative
work under this title, except with the express consent of the copyright
owner.

(b) Notice of Intention to Obtain Compulsory License.--

(1) Any person who wishes to obtain a compulsory license under this
section shall, before or within thirty days after making and before
distributing any phonorecords of the work, serve notice of intention to
do so on the copyright owner.  If the registration 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 intention in the Copyright Office.
The notice shall comply, in form, content, and manner of service, with
requirements that the Register of Copyrights shall prescribe by
regulation.

(2) Failure to serve or file the notice required by clause (1)
forecloses the possibility of a compulsory license and, in the absence
of a negotiated license, renders the making and distribution 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 Licence--

(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.  The owner is entitled to royalties
for phonorecords made and distributed after being so identified, but is
not entitled to recover for any phonorecords previously made and
distributed.

(2) Except as provided by clause (1), the royalty under a compulsory
license shall be payable for every phonorecord made and distributed in
accordance with the license.  For this purpose, a phonorecord is
considered "distributed" if the person exercising the compulsory
license has voluntarily and permanently parted with its possession.
With respect to each work embodied in the phonorecord, the royalty
shall be either two and three-fourths cents, or one-half of one cent
per minute of playing time or fraction thereof, which amount is larger.

(3) A compulsory license under this section includes the right of the
maker of a phonorecord of a nondramatic musical work under subsection
(a)(1) to distribute or authorize distribution of such phonorecord by
rental, lease, or lending (or by acts or practices in the nature of
rental, lease, or lending).  In addition to any royalty payable under
clause (2) and chapter 8 of this title, a royalty shall be payable by
the compulsory licensee for every act of distribution of a phonorecord
by or in the nature of rental, lease, or lending, by or under the
authority of the compulsory licensee.  With respect to each nondramatic
musical work embodied in the phonorecord, the royalty shall be a
proportion of the revenue received by the compulsory licensee from
every such act of distribution of the phonorecord under this clause
equal to the proportion of the revenue received by the compulsory
licensee from distribution of the phonorecord under clause (2) that is
payable by a compulsory licensee under that clause and under chapter 8.
The Register of Copyrights shall issue regulations to carry out the
purpose of this clause.

(4) Royalty payments shall be made on or before the twentieth day of
each month and shall include all royalties for the month next
preceding.  Each monthly payment shall be made under oath and shall
comply with requirements that the Register of Copyrights shall
prescribe by regulation.  The 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.  The regulations covering both the monthly
and the annual statements of account shall prescribe the form, content,
and manner of certification with respect to the number of records made
and the number of records distributed.

(5) If the copyright owner does not receive the monthly payment and the
monthly and annual statements of account when due, the owner may give
written notice to the licensee that, unless the default is remedied
within thirty days from the date of the notice, the compulsory license
will be automatically terminated.  Such termination renders either the
making or the distribution, or both, of all phonorecords for which the
royalty has not been paid, actionable as acts of infringement under
section 501 and fully subject to the remedies provided by sections 502
through 506 and 509.


Section 116.  Scope of exclusive rights in nondramatic musical works:
Public performances by means of coin-operated phonorecord players.

(a) Limitation on Exclusive Right.--In the case of a nondramatic
musical work embodied in a phonorecord, the 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) The proprietor of the establishment in which the public performance
takes place is not liable for infringement with respect to such public
performance unless--

(A) such proprietor is the operator of the phonorecord player; or

(B) such proprietor refuses or fails, within one month after receipt by
registered or certified mail of a request, at a time during which the
certificate required by clause (1)(C) of subsection (b) is not affixed
to the phonorecord player, by the copyright owner, to make full
disclosure, by registered or certified mail, of the identity of the
operator of the operator of the phonorecord player.

(2) The operator of the coin-operated phonorecord player may obtain a
compulsory license to perform the work publicly on that phonorecord
player by filing the application, affixing the certificate, and paying
the royalties provided by subsection (b).

(b) Recordation of Coin-Operated Phonorecord Player, Affixation of
Certificate, and Royalty Payable under Compulsory License.--Any
operator who wishes to obtain a compulsory license for the public
performance of works on a coin-operated phonorecord 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 Royalty
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 available 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 certificate
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 subclause (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 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 United States securities for
later distribution with interest by the Copyright Royalty Tribunal as
provided by this title.  The Register shall submit to the Copyright
Royalty Tribunal, on an annual bases, a detailed statement of account
covering all fees received for the relevant period provided by
subsection (b).

(2) During the month of January in each year, every person claiming to
be entitled to compulsory license fees under this section for
performances during the preceding twelve-month period shall file a
claim with the Copyright Royalty Tribunal, in accordance with
requirements that the Tribunal shall prescribe by regulation.  Such
claim shall include an agreement to accept as final, 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 purposes of this subsection any
claimants may agree among themselves 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 controversy concerning
the distribution of royalty fees deposited under subclause (A) of
subsection (b)(1).  If the Tribunal determines 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 chapter 8 of this title,
conduct a proceeding to determine the distribution of royalty fees.

(4) The fees to be distributed shall be divided as follows:

(A) to every copyright owner not affiliated with a performing 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 rate
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 discretion to proceed to distribute any amounts
that are not in controversy.

(5) The Copyright Royalty Tribunal shall promulgate regulations under
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.  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 District
Court for the District of Columbia for the cancellation of 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 such
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 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 purposes 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 corporation 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.


Section 117.  Limitations on exclusive rights: Computer programs.

Notwithstanding the provisions of section 106, it is not an
infringement for the owner of a copy of a computer program to make or
authorize the making of another copy or adaptation of that computer
program provided:

(1) that such a new copy or adaptation is created as an essential step
in the utilization of the computer program in conjunction with a
machine and that it is used in no other manner, or

(2) that such new copy or adaptation is for archival purposes only and
that all archival copies are destroyed in the event that continued
possession of the computer program should cease to be rightful.  Any
exact copies prepared in accordance with the provisions of this section
may be leased, sold, or otherwise transferred, along with the copy from
which such copies were prepared, only as part of the lease, sale, or
other transfer of all rights in the program.  Adaptations so prepared
may be transferred only with the authorization of the copyright owner.


Section 118.  Scope of exclusive rights: Use of certain works in
connection 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 Tribunal has
been constituted in accordance with section 802, the Chairman of the
Tribunal shall cause notice to be published in the Federal Register of
the initiation of proceedings for the purpose of determining reasonable
terms and rates of royalty payments for the activities specified by
subsection (d) with respect to published nondramatic musical works and
published pictorial, graphic, and sculptural works during a period
beginning as provided in clause (3) of this subsection and ending on
December 31, 1982.  Copyright owners and public broadcasting entities
shall negotiate and agree upon the terms and rates of royalty payments
and the proportionate 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 subsection 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 proposals submitted to it as well as
any other relevant information.  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 determination 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.

(3) Within six months, but not earlier than one hundred and twenty
days, from the date of publication of the notice specified in this
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 consider 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 construed 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 Copyright
Royalty Tribunal shall prescribe

(d) Subject to the transitional provisions of subsection (b)(4), and to
the terms of any voluntary license agreements that have been negotiated
as provided by subsection (b)(2), a public broadcasting entity may,
upon compliance with the provisions of this section, including the
rates and terms established 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 station
referred to in subsection (g); and

(2) production of a transmission program, reproduction of copies or
phonorecords, where such production, reproduction, or distribution is
made by a nonprofit institution or organization solely for the purpose
of transmission 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 performance or display
of the contents of such program under the conditions 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 such 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
institution itself fails to destroy such reproduction it shall be
deemed to have infringed.

(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 antitrust 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 consulting
with authors and other owners of copyright in nondramatic literary
works and their representatives, and with public broadcasting entities
and their representatives, shall submit to the Congress a report
setting forth the extent to which voluntary 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
dramatization of a nondramatic musical work, the production of a
transmission program drawn to any substantial extent from a published
compilation of pictorial, graphic, or sculptural works, or the
unauthorized use of any portion of an audiovisual work.

(g) As used in this section, the term "public broadcasting entity"
means a noncommercial educational broadcast station as defined in
section 397 of title 47 and any nonprofit institution or organization
engaged in the activities described in clause (2) of subsection (d).



CHAPTER 2--COPYRIGHT OWNERSHIP AND TRANSFER.  Analysis

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


Section 201.  Ownership of copyright.

(a) Initial ownership.--Copyright in a work protected under this title
vests initially in the author or authors of the work.  The authors of a
joint work are co-owners of copyright in the work.

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

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

(d) Transfer of Ownership.--

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

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

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


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

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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


Section 204.  Execution of transfers of copyright ownership.

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

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

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

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


Section 205.  Recordation of transfers and other documents.

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

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

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

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

(2) registration has been made for the work.

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

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

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

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

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



CHAPTER 3--DURATION OF COPYRIGHT.  Analysis.

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


Section 301.  Preemption with respect to other laws.

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

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

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

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

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

(c) With respect to sound recordings fixed before February 15, 1972,
any rights or remedies under the common law or statutes of any State
shall not be annulled or limited by this title until February 15, 2047.
The preemptive provisions of subsection (a) shall apply to any such
rights and remedies pertaining to any cause of action arising from
undertakings commenced on and after February 15, 2047.  Notwithstanding
the provisions of section 303, no sound recording fixed before February
15, 1972, shall be subject to copyright under this title before, on, or
after February 15, 2047.

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


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

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

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

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

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

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


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

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


Section 304.  Duration of copyright: Subsisting copyrights.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


Section 305.  Duration of copyright: Terminal date.

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



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

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


Section 401.  Notice of copyright: Visually perceptible copies.

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

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

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

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

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

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

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


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

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

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

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

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

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

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


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

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


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

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

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


Section 405.  Notice of copyright: Omission of notice.

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

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

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

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

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

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


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

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


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

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

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

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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


Section 408.  Copyright registration in general.

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

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

(c)  The material deposited for registration shall include--

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

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

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

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


(c) Administrative Classification and Optional Deposit.--

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

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

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

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

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

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

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

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

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

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

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


Section 409.  Application for copyright registration.

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

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

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

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

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

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

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

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

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

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

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

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


Section 410.  Registration of claim and issuance of certificate.

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

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

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

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


Section 411.  Registration as prerequisite to infringement suit.

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

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

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

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


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

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

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

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



CHAPTER 5--COPYRIGHT INFRINGEMENT AND REMEDIES.  Analysis.

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


Section 501.  Infringement of copyright.

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

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

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

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


Section 502.  Remedies for infringement: Injunctions.

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

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


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

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

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


Section 504.  Remedies for infringement: Damages and profits.

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

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

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

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

(c) Statutory Damages.--

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

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


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

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


Section 506.  Criminal offenses.

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

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

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

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


Section 507.  Limitations on actions.

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

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


Section 508.  Notification of filing and determination of action.

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

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

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


Section 509.  Seizure and forfeiture.

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

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


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

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

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

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

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



CHAPTER 6--MANUFACTURING REQUIREMENTS AND IMPORTATION.  Analysis.

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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


Section 602.  Infringing importation of copies or phonorecords.

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

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

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

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

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


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

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

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

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

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

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



CHAPTER 7--COPYRIGHT OFFICE.  Analysis.

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


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

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

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

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

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


Section 702.  Copyright Office regulations.

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


Section 703.  Effective date of actions in Copyright Office.

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


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

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

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

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

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

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


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

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

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

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


Section 706.  Copies of Copyright Office records.

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

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


Section 707.  Copyright Office forms and publication.

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

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

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


Section 708.  Copyright Office fees.

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

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

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

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

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

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

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

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

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

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

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

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

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

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


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

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


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

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



CHAPTER 8--COPYRIGHT ROYALTY TRIBUNAL.  Analysis.

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


Section 801.  Copyright Royalty Tribunal: Establishment and purpose.

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

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

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

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

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

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

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

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

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

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

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

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

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


Section 802.  Membership of the Tribunal.

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

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

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


Section 803.  Procedures of the Tribunal.

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


Section 804.  Institution and conclusion of proceedings.

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

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

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

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

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

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

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

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

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

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


Section 805.  Staff of the Tribunal.

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

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


Section 806.  Administrative support of the Tribunal.

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

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


Section 807.  Deduction of costs of proceedings.

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


Section 808.  Reports.

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


Section 809.  Effective date of final determinations.

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


Section 810.  Judicial review.

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







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