US State Code:United States CodeTITLE 17 - COPYRIGHTS


Except as otherwise provided in this title, as used in this title, the following terms and their variant forms mean the following: An ''anonymous work'' is a work on...


(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...


(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...


(a) Unpublished Works. - The works specified by sections 102 and 103, while unpublished, are subject to protection under this title without regard to the nationality or domicile...


(a) Automatic Protection and Term. - (1) Term. - (A) Copyright subsists, in accordance with this section, in restored works, and vests automatically on the date of ...


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...


Subject to sections 107 through 121, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following: (1) to reproduce...


(a) Rights of Attribution and Integrity. - Subject to section 107 and independent of the exclusive rights provided in section 106, the author of a work of visual art - ...


Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other...


(a) Except as otherwise provided in this title and notwithstanding the provisions of section 106, it is not an infringement of copyright for a library or archives, or any of its ...


(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,...


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...


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


(a)(1) 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...


(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...


(a) The exclusive rights of the owner of copyright in a sound recording are limited to the rights specified by clauses (1), (2), (3) and (6) of section 106, and do not include...


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...


(a) Applicability of Section. - This section applies to any nondramatic musical work embodied in a phonorecord. (b) Negotiated Licenses. - (1) Authority for negotiations....


...


(a) Making of Additional Copy or Adaptation by Owner of Copy. - Notwithstanding the provisions of section 106, it is not an infringement for the owner of a copy of a computer...


(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...


(a) Secondary Transmissions by Satellite Carriers. - (1) Superstations and pbs satellite feed. - Subject to the provisions of paragraphs (3), (4), and (6) of this...


(a) Pictorial Representations Permitted. - The copyright in an architectural work that has been constructed does not include the right to prevent the making, distributing, or...


(a) Notwithstanding the provisions of section 106, it is not an infringement of copyright for an authorized entity to reproduce or to distribute copies or phonorecords of a...


(a) Secondary Transmissions of Television Broadcast Stations by Satellite Carriers. - A secondary transmission of a performance or display of a work embodied in a primary...


(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 coowners of copyright...


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...


(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...


(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...


(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 ...


(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...


(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...


(a) 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...


(a) Copyrights in Their First Term on January 1, 1978. - (1)(A) Any copyright, the first term of which is subsisting on January 1, 1978, shall endure for 28 years from the date it...


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


(a) General Provisions. - 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...


(a) General Provisions. - Whenever a sound recording protected under this title is published in the United States or elsewhere by authority of the copyright owner, a notice...


Sections 401(d) and 402(d) shall not apply to a work published in copies or phonorecords consisting predominantly of one or more works of the United States Government unless...


(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...


(a) Effect of Omission on Copyright. - With respect to copies and phonorecords publicly distributed by authority of the copyright owner before the effective date of the...


(a) Error in Name. - With respect to copies and phonorecords publicly distributed by authority of the copyright owner before the effective date of the Berne Convention...


(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 in...


(a) Registration Permissive. - At any time during the subsistence of the first term of copyright in any published or unpublished work in which the copyright was secured before...


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...


(a) When, after examination, the Register of Copyrights determines that, in accordance with the provisions of this title, the material deposited constitutes copyrightable...


(a) Except for an action brought for a violation of the rights of the author under section 106A(a), and subject to the provisions of subsection (b), no action for infringement of...


In any action under this title, other than an action brought for a violation of the rights of the author under section 106A(a) or an action instituted under section 411(b), no...


(a) Anyone who violates any of the exclusive rights of the copyright owner as provided by sections 106 through 121 or of the author as provided in section 106A(a), or who...


(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...


(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...


(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 ...


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....


(a) Criminal Infringement. - Any person who infringes a copyright willfully either - (1) for purposes of commercial advantage or private financial gain, or (2)...


(a) Criminal Proceedings. - Except as expressly provided otherwise in this title, no criminal proceeding shall be maintained under the provisions of this title unless it is...


(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...


(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 ...


(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)...


(a) In General. - Any State, any instrumentality of a State, and any officer or employee of a State or instrumentality of a State acting in his or her official capacity, shall not...


(a) Transitory Digital Network Communications. - A service provider shall not be liable for monetary relief, or, except as provided in subsection (j), for injunctive or...


In the case of any performing rights society subject to a consent decree which provides for the determination of reasonable license rates or fees to be charged by the...


(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...


(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...


(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 ...


(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...


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...


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...


(a) Upon their deposit in the Copyright Office under sections 407 and 408, all copies, phonorecords, and identifying material, including those deposited in connection with claims...


(a) The Register of Copyrights shall ensure that records of deposits, registrations, recordations, and other actions taken under this title are maintained, and that indexes of...


(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...


(a) Catalog of Copyright Entries. - The Register of Copyrights shall compile and publish at periodic intervals catalogs of all copyright registrations. These catalogs shall...


(a) Fees. - Fees shall be paid to the Register of Copyrights - (1) on filing each application under section 408 for registration of a copyright claim or for a supplementary ...


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...


...


(a) Establishment. - The Librarian of Congress, upon the recommendation of the Register of Copyrights, is authorized to appoint and convene copyright arbitration royalty panels. ...


(a) Composition of Copyright Arbitration Royalty Panels. - A copyright arbitration royalty panel shall consist of 3 arbitrators selected by the Librarian of Congress pursuant...


(a)(1) With respect to proceedings under section 801(b)(1) concerning the adjustment of royalty rates as provided in sections 112, 114, 115 and 116, and with respect to...


...


...


(a) As used in this chapter - (1) a ''semiconductor chip product'' is the final or intermediate form of any product - (A) having two or more layers of...


(a)(1) Subject to the provisions of subsection (b), a mask work fixed in a semiconductor chip product, by or under the authority of the owner of the mask work, is eligible...


(a) The exclusive rights in a mask work subject to protection under this chapter belong to the owner of the mask work. (b) The owner of the exclusive rights in a mask work...


(a) The protection provided for a mask work under this chapter shall commence on the date on which the mask work is registered under section 908, or the date on which the mask work...


The owner of a mask work provided protection under this chapter has the exclusive rights to do and to authorize any of the following: (1) to reproduce the mask work...


(a) Notwithstanding the provisions of section 905, it is not an infringement of the exclusive rights of the owner of a mask work for - (1) a person to reproduce the mask...


(a) Notwithstanding any other provision of this chapter, an innocent purchaser of an infringing semiconductor chip product - (1) shall incur no liability under this chapter...


(a) The owner of a mask work may apply to the Register of Copyrights for registration of a claim of protection in a mask work. Protection of a mask work under this chapter...


(a) The owner of a mask work provided protection under this chapter may affix notice to the mask work, and to masks and semiconductor chip products embodying the mask work, in...


(a) Except as otherwise provided in this chapter, any person who violates any of the exclusive rights of the owner of a mask work under this chapter, by conduct in or...


(a) Any court having jurisdiction of a civil action arising under this chapter may grant temporary restraining orders, preliminary injunctions, and permanent injunctions on such...


(a) Nothing in this chapter shall affect any right or remedy held by any person under chapters 1 through 8 or 10 of this title, or under title 35. (b) Except as provided...


(a) No application for registration under section 908 may be filed, and no civil action under section 910 or other enforcement proceeding under this chapter may be instituted,...


(a) Notwithstanding the conditions set forth in subparagraphs (A) and (C) of section 902(a)(1) with respect to the availability of protection under this chapter to...


As used in this chapter, the following terms have the following meanings: (1) A ''digital audio copied recording'' is a reproduction in a digital recording format of...


(a) Prohibition on Importation, Manufacture, and Distribution. - No person shall import, manufacture, or distribute any digital audio recording device or digital audio...


(a) Prohibition on Importation and Manufacture. - No person shall import into and distribute, or manufacture and distribute, any digital audio recording device or digital...


(a) Digital Audio Recording Devices. - (1) Amount of payment. - The royalty payment due under section 1003 for each digital audio recording device imported into and ...


The Register of Copyrights shall receive all royalty payments deposited under this chapter and, after deducting the reasonable costs incurred by the Copyright Office under...


(a) Interested Copyright Parties. - The royalty payments deposited pursuant to section 1005 shall, in accordance with the procedures specified in section 1007, be distributed to any ...


(a) Filing of Claims and Negotiations. - (1) Filing of claims. - During the first 2 months of each calendar year after calendar year 1992, every interested copyright...


No action may be brought under this title alleging infringement of copyright based on the manufacture, importation, or distribution of a digital audio recording device, a...


(a) Civil Actions. - Any interested copyright party injured by a violation of section 1002 or 1003 may bring a civil action in an appropriate United States district court against...


(a) Scope of Arbitration. - Before the date of first distribution in the United States of a digital audio recording device or a digital audio interface device, any...


(a) Unauthorized Acts. - Anyone who, without the consent of the performer or performers involved - (1) fixes the sounds or sounds and images of a live musical performance...


(a) Violations Regarding Circumvention of Technological Measures. - (1)(A) No person shall circumvent a technological measure that effectively controls access to a work...


(a) False Copyright Management Information. - No person shall knowingly and with the intent to induce, enable, facilitate, or conceal infringement - (1) provide...


(a) Civil Actions. - Any person injured by a violation of section 1201 or 1202 may bring a civil action in an appropriate United States district court for such violation. ...


(a) In General. - Any person who violates section 1201 or 1202 willfully and for purposes of commercial advantage or private financial gain - (1) shall be fined not more...


Nothing in this chapter abrogates, diminishes, or weakens the provisions of, nor provides any defense or element of mitigation in a criminal prosecution or civil action under,...


(a) Designs Protected. - (1) In general. - The designer or other owner of an original design of a useful article which makes the article attractive or distinctive...


Protection under this chapter shall not be available for a design that is - (1) not original; (2) staple or commonplace, such as a standard geometric figure, ...


Protection for a design under this chapter shall be available notwithstanding the employment in the design of subject matter excluded from protection under section 1302 if the...


The protection provided for a design under this chapter shall commence upon the earlier of the date of publication of the registration under section 1313(a) or the date the design...


(a) In General. - Subject to subsection (b), the protection provided under this chapter for a design shall continue for a term of 10 years beginning on the date of the commencement...


(a) Contents of Design Notice. - (1) Whenever any design for which protection is sought under this chapter is made public under section 1310(b), the owner of the design shall,...


(a) Actions With Notice. - Except as provided in subsection (b), the omission of the notice prescribed in section 1306 shall not cause loss of the protection under this chapter...


The owner of a design protected under this chapter has the exclusive right to - (1) make, have made, or import, for sale or for use in trade, any useful article...


(a) Acts of Infringement. - Except as provided in subsection (b), it shall be infringement of the exclusive rights in a design protected under this chapter for any person, without...


(a) Time Limit for Application for Registration. - Protection under this chapter shall be lost if application for registration of the design is not made within 2 years after the...


An application for registration of a design filed in the United States by any person who has, or whose legal representative or predecessor or successor in title has, previously...


(a) In General. - Oaths and acknowledgments required by this chapter - (1) may be made - (A) before any person in the United States authorized by law ...


(a) Determination of Registrability of Design; Registration. - Upon the filing of an application for registration in proper form under section 1310, and upon payment of the...


Certificates of registration shall be issued in the name of the United States under the seal of the Office of the Administrator and shall be recorded in the official records of...


(a) Publications of the Administrator. - The Administrator shall publish lists and indexes of registered designs and cancellations of designs and may also publish the drawings...


The Administrator shall by regulation set reasonable fees for the filing of applications to register designs under this chapter and for other services relating to the...


The Administrator may establish regulations for the administration of this chapter. ...


Upon payment of the prescribed fee, any person may obtain a certified copy of any official record of the Office of the Administrator that relates to this chapter. That copy shall...


The Administrator may, by a certificate of correction under seal, correct any error in a registration incurred through the fault of the Office, or, upon payment of the required...


(a) Property Right in Design. - The property right in a design subject to protection under this chapter shall vest in the designer, the legal representatives of a deceased designer...


(a) In General. - The owner of a design is entitled, after issuance of a certificate of registration of the design under this chapter, to institute an action for any infringement...


(a) In General. - A court having jurisdiction over actions under this chapter may grant injunctions in accordance with the principles of equity to prevent infringement of a...


(a) Damages. - Upon a finding for the claimant in an action for infringement under this chapter, the court shall award the claimant damages adequate to compensate for...


In any action involving the protection of a design under this chapter, the court, when appropriate, may order registration of a design under this chapter or the cancellation of...


Any person who brings an action for infringement knowing that registration of the design was obtained by a false or fraudulent representation materially affecting the rights...


(a) In General. - Whoever, for the purpose of deceiving the public, marks upon, applies to, or uses in advertising in connection with an article made, used, distributed, or sold, a ...


Whoever knowingly makes a false representation materially affecting the rights obtainable under this chapter for the purpose of obtaining registration of a design under this...


(a) Regulations. - The Secretary of the Treasury and the United States Postal Service shall separately or jointly issue regulations for the enforcement of the rights set forth...


The issuance of a design patent under title 35, United States Code, for an original design for an article of manufacture shall terminate any protection of the original design...


Nothing in this chapter shall annul or limit - (1) common law or other rights or remedies, if any, available to or held by any person with respect to a design which has not ...


In this chapter, the ''Administrator'' is the Register of Copyrights, and the ''Office of the Administrator'' and the ''Office'' refer to the Copyright Office of the Library of ...


Protection under this chapter shall not be available for any design that has been made public under section 1310(b) before the effective date of this chapter. ...




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