Section 1332. No retroactive effect_Copyright Law of the United States of America and Related Laws Contained in Title 17 of the United States Code, Circular 92

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.

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

Chapter 13 Endnotes

1 In 1998, the Vessel Hull Design Protection Act added chapter 13,

entitled "Protection of Original Designs," to title 17. Pub. L. No.

105-304, 112 Stat. 2860, 2905. The Vessel Hull Design Protection Act is

title V of the Digital Millennium Copyright Act, Pub. L. No. 105-304,

112 Stat. 2860.

2 The Satellite Home Viewer Improvement Act of 1999 amended section

1301(b)(3) in its entirety. Pub. L. No. 106-113, 113 Stat. 1501, app. I

at 1501A-593.

3 In 1999, section 1302(5) was amended to substitute "2 years" in lieu

of "1 year." Pub. L. No. 106-44, 113 Stat. 221, 222.

4 The Satellite Home Viewer Improvement Act of 1999 amended section

1313(c) by adding at the end thereof the last sentence, which begins

"Costs of the cancellation procedure." Pub. L. No. 106-113, 113 Stat.

1501, app. I at 1501A-594.

5 In 1999, section 1320 was amended to change the spelling in the

heading of subsection (c) from "acknowledgement" to "acknowledgment."

Pub. L. No. 106-44, 113 Stat. 221, 222.

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

Appendix I. Transitional and Supplementary Provisions of the

Sec. 102. This Act becomes effective on January 1, 1978, except as

otherwise expressly provided by this Act, including provisions of the

first section of this Act. The provisions of sections 118, 304(b), and

chapter 8 of title 17, as amended by the first section of this Act, take

effect upon enactment of this Act.

Sec. 103. This Act does not provide copyright protection for any work

that goes into the public domain before January 1, 1978. The exclusive

rights, as provided by section 106 of title 17 as amended by the first

section of this Act, to reproduce a work in phonorecords and to

distribute phonorecords of the work, do not extend to any nondramatic

musical work copyrighted before July 1, 1909.

Sec. 104. All proclamations issued by the President under section 1(e)

or 9(b) of title 17 as it existed on December 31, 1977, or under

previous copyright statutes of the United States, shall continue in

force until terminated, suspended, or revised by the President.

Sec. 105. (a)(1) Section 505 of title 44 is amended to read as follows:

"Sec. 505. Sale of duplicate plates

"The Public Printer shall sell, under regulations of the Joint Committee

on Printing to persons who may apply, additional or duplicate stereotype

or electrotype plates from which a Government publication is printed, at

a price not to exceed the cost of composition, the metal, and making to

the Government, plus 10 per centum, and the full amount of the price

shall be paid when the order is filed."

(2) The item relating to section 505 in the sectional analysis at the

beginning of chapter 5 of title 44, is amended to read as follows:

"505. Sale of duplicate plates.".

(b) Section 2113 of title 44 is amended to read as follows:

[To assist the reader, section 2113 of title 44, now designated section

2117, appears in part VII of the Appendix, *infra*, as currently

amended.]

17" is amended to read "section 504(c) of title 17".

(d) Section 543(a)(4) of the Internal Revenue Code of 1954, as amended,

is amended by striking out "(other than by reason of section 2 or 6

thereof)".

(e) Section 3202(a) of title 39 is amended by striking out clause (5).

Section 3206 of title 39 is amended by deleting the words "subsections

(b) and (c)" and inserting "subsection (b)" in subsection (a), and by

deleting subsection (c). Section 3206(d) is renumbered (c).

(f) Subsection (a) of section 290(e) of title 15 is amended by deleting

the phrase "section 8" and inserting in lieu thereof the phrase "section

105". [2]

(g) Section 131 of title 2 is amended by deleting the phrase "deposit to

secure copyright," and inserting in lieu thereof the phrase "acquisition

of material under the copyright law,".

Sec. 106. In any case where, before January 1, 1978, a person has

lawfully made parts of instruments serving to reproduce mechanically a

copyrighted work under the compulsory license provisions of section 1(e)

of title 17 as it existed on December 31, 1977, such person may continue

to make and distribute such parts embodying the same mechanical

reproduction without obtaining a new compulsory license under the terms

of section 115 of title 17 as amended by the first section of this Act.

However, such parts made on or after January 1, 1978, constitute

phonorecords and are otherwise subject to the provisions of said section

115.

Sec. 107. In the case of any work in which an ad interim copyright is

subsisting or is capable of being secured on December 31, 1977, under

section 22 of title 17 as it existed on that date, copyright protection

is hereby extended to endure for the term or terms provided by section

304 of title 17 as amended by the first section of this Act.

Sec. 108. The notice provisions of sections 401 through 403 of title 17

as amended by the first section of this Act apply to all copies or

phonorecords publicly distributed on or after January 1, 1978. However,

in the case of a work published before January 1, 1978, compliance with

the notice provisions of title 17 either as it existed on December 31,

1977, or as amended by the first section of this Act, is adequate with

respect to copies publicly distributed after December 31, 1977.

Sec. 109. The registration of claims to copyright for which the required

deposit, application, and fee were received in the Copyright Office

before January 1, 1978, and the recordation of assignments of copyright

or other instruments received in the Copyright Office before January 1,

1978, shall be made in accordance with title 17 as it existed on

December 31, 1977.

Sec. 110. The demand and penalty provisions of section 14 of title 17 as

it existed on December 31, 1977, apply to any work in which copyright

has been secured by publication with notice of copyright on or before

that date, but any deposit and registration made after that date in

response to a demand under that section shall be made in accordance with

the provisions of title 17 as amended by the first section of this Act.

Sec. 111. Section 2318 of title 18 of the United States Code is amended

to read as follows:

[To assist the reader, section 2318 of title 18, as currently amended,

along with related criminal provisions, appears in part VII of the

Appendix, *infra*.]

Sec. 112. All causes of action that arose under title 17 before January

1, 1978, shall be governed by title 17 as it existed when the cause of

action arose.

Sec. 113. (a) The Librarian of Congress (hereinafter referred to as the

"Librarian") shall establish and maintain in the Library of Congress a

library to be known as the American Television and Radio Archives

(hereinafter referred to as the "Archives"). The purpose of the Archives

shall be to preserve a permanent record of the television and radio

programs which are the heritage of the people of the United States and

to provide access to such programs to historians and scholars without

encouraging or causing copyright infringement.

(1) The Librarian, after consultation with interested organizations and

individuals, shall determine and place in the Archives such copies and

phonorecords of television and radio programs transmitted to the public

in the United States and in other countries which are of present or

potential public or cultural interest, historical significance,

cognitive value, or otherwise worthy of preservation, including copies

and phonorecords of published and unpublished transmission programs-

(A) acquired in accordance with sections 407 and 408 of title 17 as

amended by the first section of this Act; and

(B) transferred from the existing collections of the Library of

Congress; and

archives, organizations, and individuals; and

(D) purchased from the owner thereof.

(2) The Librarian shall maintain and publish appropriate catalogs and

indexes of the collections of the Archives, and shall make such

collections available for study and research under the conditions

prescribed under this section.

(b) Notwithstanding the provisions of section 106 of title 17 as amended

by the first section of this Act, the Librarian is authorized with

respect to a transmission program which consists of a regularly

scheduled newscast or on-the-spot coverage of news events and, under

standards and conditions that the Librarian shall prescribe by

regulation-

(1) to reproduce a fixation of such a program, in the same or another

tangible form, for the purposes of preservation or security or for

distribution under the conditions of clause (3) of this subsection; and

(2) to compile, without abridgment or any other editing, portions of

such fixations according to subject matter, and to reproduce such

compilations for the purpose of clause (1) of this subsection; and

(3) to distribute a reproduction made under clause (1) or (2) of this

subsection-

(A) by loan to a person engaged in research; and

(B) for deposit in a library or archives which meets the requirements of

section 108(a) of title 17 as amended by the first section of this Act,

in either case for use only in research and not for further reproduction

or performance.

authority of this section shall not be liable in any action for

Librarian or such employee knowingly participated in the act of

infringement committed by such person. Nothing in this section shall be

construed to excuse or limit liability under title 17 as amended by the

first section of this Act for any act not authorized by that title or

this section, or for any act performed by a person not authorized to act

under that title or this section.

(d) This section may be cited as the "American Television and Radio

Archives Act".

Sec. 114. There are hereby authorized to be appropriated such funds as

may be necessary to carry out the purposes of this Act.

Sec. 115. If any provision of title 17, as amended by the first section

of this Act, is declared unconstitutional, the validity of the remainder

of this title is not affected.

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

Appendix I Endnotes

1 Part I of the Appendix contains the Transitional and Supplementary

Provisions of the Copyright Act of 1976, Pub. L. No. 94-533, 90 Stat.

2541, that do not amend title 17 of the *United States Code.*

2 The correct reference is to "290e," not "290(e)."

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

Appendix II. Berne Convention Implementation Act of 1988 [1]

Sec. 2. Declarations.

The Congress makes the following declarations:

(1) The Convention for the Protection of Literary and Artistic Works,

signed at Berne, Switzerland, on September 9, 1886, and all acts,

protocols, and revisions thereto (hereafter in this Act referred to as

the "Berne Convention") are not self-executing under the Constitution

and laws of the United States.

(2) The obligations of the United States under the Berne Convention may

be performed only pursuant to appropriate domestic law.

(3) The amendments made by this Act, together with the law as it exists

on the date of the enactment of this Act, satisfy the obligations of the

United States in adhering to the Berne Convention and no further rights

or interests shall be recognized or created for that purpose.

Sec. 3. Construction of the Berne Convention.

(a) Relationship With Domestic Law. The provisions of the Berne

Convention-

(1) shall be given effect under title 17, as amended by this Act, and

any other relevant provision of Federal or State law, including the

common law; and

(2) shall not be enforceable in any action brought pursuant to the

provisions of the Berne Convention itself.

(b) Certain Rights Not Affected. The provisions of the Berne Convention,

the adherence of the United States thereto, and satisfaction of United

States obligations thereunder, do not expand or reduce any right of an

author of a work, whether claimed under Federal, State, or the common

law-

(1) to claim authorship of the work; or

(2) to object to any distortion, mutilation, or other modification of,

or other derogatory action in relation to, the work, that would

prejudice the author's honor or reputation.

Sec. 12. Works in the public domain.

Title 17, United States Code, as amended by this Act, does not provide

United States.

Sec. 13. Effective date: effect on pending cases.

(a) Effective Date. This Act and the amendments made by this Act take

effect on the date on which the Berne Convention (as defined in section

101 of title 17, United States Code) enters into force with respect to

the United States. [2]

(b) Effect on Pending Cases. Any cause of action arising under title 17,

United States Code, before the effective date of this Act shall be

governed by the provisions of such title as in effect when the cause of

action arose.

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

Appendix II Endnotes

1 Part II of the Appendix consists of provisions of the Berne

Convention Implementation Act of 1988, Pub. L. No. 100-568, 102 Stat.

2853, that do not amend title 17 of the *United States Code.*

2 The Berne Convention entered into force in the United States on March

1, 1989.

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

Appendix III. Uruguay Round Agreements Act [1]

Sec. 2. Definitions.

For purposes of this Act:

(1) GATT 1947; GATT 1994.

(A) GATT 1947. The term "GATT 1947" means the General Agreement on

Tariffs and Trade, dated October 30, 1947, annexed to the Final Act

Adopted at the Conclusion of the Second Session of the Preparatory

Committee of the United Nations Conference on Trade and Employment, as

subsequently rectified, amended, or modified by the terms of legal

instruments which have entered into force before the date of entry into

force of the WTO Agreement.

(B) GATT 1994. The term "GATT 1994" means the General Agreement on

Tariffs and Trade annexed to the WTO Agreement.

(2) HTS. The term "HTS" means the Harmonized Tariff Schedule of the

United States.

(3)International trade commission. The term "International Trade

Commission" means the United States International Trade Commission.

(4) Multilateral trade agreement. The term "multilateral trade

agreement" means an agreement described in section 101(d) of this Act

(other than an agreement described in paragraph (17) or (18) of such

section).

(5) Schedule XX. The term "Schedule XX" means Schedule XX - United States

of America annexed to the Marrakesh Protocol to the GATT 1994.

(6) Trade representative. The term "Trade Representative" means the

United States Trade Representative.

(7) Uruguay round agreements. The term "Uruguay Round Agreements" means

the agreements approved by the Congress under section 101(a)(1).

(8) World trade organization and WTO. The terms "World Trade

Organization" and "WTO" mean the organization established pursuant to

the WTO Agreement.

(9) WTO agreement. The term "WTO Agreement" means the Agreement

Establishing the World Trade Organization entered into on April 15,

1994.

(10) WTO member and WTO member country. The terms "WTO member" and "WTO

member country" mean a state, or separate customs territory (within the

meaning of Article XII of the WTO Agreement), with respect to which the

United States applies the WTO Agreement.

Sec. 101. Approval and entry into force of the Uruguay Round Agreements.

(a) Approval of Agreements and Statement of Administrative Action.

Pursuant to section 1103 of the Omnibus Trade and Competitiveness Act of

1988 (19 U.S.C. 2903) and section 151 of the Trade Act of 1974 (19

U.S.C. 2191), the Congress approves-

(1) the trade agreements described in subsection (d) resulting from the

Uruguay Round of multilateral trade negotiations under the auspices of

the General Agreement on Tariffs and Trade, entered into on April 15,

1994, and submitted to the Congress on September 27, 1994; and

(2) the statement of administrative action proposed to implement the

agreements that was submitted to the Congress on September 27, 1994.

(b) Entry Into Force. At such time as the President determines that a

sufficient number of foreign countries are accepting the obligations of

the Uruguay Round Agreements, in accordance with article XIV of the WTO

Agreement, to ensure the effective operation of, and adequate benefits

for the United States under, those Agreements, the President may accept

the Uruguay Round Agreements and implement article VIII of the WTO

Agreement.

appropriated annually such sums as may be necessary for the payment by

the United States of its share of the expenses of the WTO.

(d) Trade Agreements to Which This Act Applies. Subsection (a) applies

to the WTO Agreement and to the following agreements annexed to that

Agreement:

(1) The General Agreement on Tariffs and Trade 1994.

(2) The Agreement on Agriculture.

(3) The Agreement on the Application of Sanitary and Phytosanitary

Measures.

(4) The Agreement on Textiles and Clothing.

(5) The Agreement on Technical Barriers to Trade.

(6) The Agreement on Trade-Related Investment Measures.

(7) The Agreement on Implementation of Article VI of the General

Agreement on Tariffs and Trade 1994.

(8) The Agreement on Implementation of Article VII of the General

Agreement on Tariffs and Trade 1994.

(9) The Agreement on Preshipment Inspection.

(10) The Agreement on Rules of Origin.

(11) The Agreement on Import Licensing Procedures.

(12) The Agreement on Subsidies and Countervailing Measures.

(13) The Agreement on Safeguards.

(14) The General Agreement on Trade in Services.

(15) The Agreement on Trade-Related Aspects of Intellectual Property

Rights.

(16) The Understanding on Rules and Procedures Governing the Settlement

of Disputes.

(17) The Agreement on Government Procurement.

(18) The International Bovine Meat Agreement.

Sec. 102. Relationship of the agreements to United States law and

state law.

(a) Relationship of Agreements to United States Law.

(1) United states law to prevail in conflict. No provision of any of the

Uruguay Round Agreements, nor the application of any such provision to

any person or circumstance, that is inconsistent with any law of the

United States shall have effect.

(2) Construction. Nothing in this Act shall be construed

(A) to amend or modify any law of the United States, including any law

relating to-

(i) the protection of human, animal, or plant life or health,

(ii) the protection of the environment, or

(iii) worker safety, or

(B) to limit any authority conferred under any law of the United States,

including section 301 of the Trade Act of 1974,

unless specifically provided for in this Act.

(b) Relationship of Agreements to State Law.-

(1) Federal-State Consultation.

(A) In General. Upon the enactment of this Act, the President shall,

through the intergovernmental policy advisory committees on trade

established under section 306(c)(2)(A) of the Trade and Tariff Act of

1984 (19 U.S.C. 2114c(2)(A)), consult with the States for the purpose of

achieving conformity of State laws and practices with the Uruguay Round

Agreements.

(B) Federal-State Consultation Process. The Trade Representative shall

establish within the Office of the United States Trade Representative a

Federal-State consultation process for addressing issues relating to the

Uruguay Round Agreements that directly relate to, or will potentially

have a direct effect on, the States. The Federal-State consultation

process shall include procedures under which-

(i) the States will be informed on a continuing basis of matters under

the Uruguay Round Agreements that directly relate to, or will

potentially have a direct impact on, the States;

(ii) the States will be provided an opportunity to submit, on a

continuing basis, to the Trade Representative information and advice

with respect to matters referred to in clause (i); and

(iii) the Trade Representative will take into account the information

and advice received from the States under clause (ii) when formulating

United States positions regarding matters referred to in clause (i).

The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to

the Federal-State consultation process established by this paragraph.

(i) When a WTO member requests consultations with the United States

under Article 4 of the Understanding on Rules and Procedures Governing

the Settlement of Disputes referred to in section 101(d)(16) (hereafter

in this subsection referred to as the "Dispute Settlement

Understanding") concerning whether the law of a State is inconsistent

with the obligations undertaken by the United States in any of the

Uruguay Round Agreements, the Trade Representative shall notify the

Governor of the State or the Governor's designee, and the chief legal

officer of the jurisdiction whose law is the subject of the

consultations, as soon as possible after the request is received, but in

no event later than 7 days thereafter.

(ii) Not later than 30 days after receiving such a request for

consultations, the Trade Representative shall consult with

representatives of the State concerned regarding the matter. If the

consultations involve the laws of a large number of States, the Trade

Representative may consult with an appropriate group of representatives

of the States concerned, as determined by those States.

(iii) The Trade Representative shall make every effort to ensure that

the State concerned is involved in the development of the position of

the United States at each stage of the consultations and each subsequent

stage of dispute settlement proceedings regarding the matter. In

particular, the Trade Representative shall-

(I) notify the State concerned not later than 7 days after a WTO member

requests the establishment of a dispute settlement panel or gives notice

of the WTO member's decision to appeal a report by a dispute settlement

panel regarding the matter; and

(II) provide the State concerned with the opportunity to advise and

assist the Trade Representative in the preparation of factual

information and argumentation for any written or oral presentations by

the United States in consultations or in proceedings of a panel or the

Appellate Body regarding the matter.

(iv) If a dispute settlement panel or the Appellate Body finds that the

law of a State is inconsistent with any of the Uruguay Round Agreements,

the Trade Representative shall consult with the State concerned in an

effort to develop a mutually agreeable response to the report of the

panel or the Appellate Body and shall make every effort to ensure that

the State concerned is involved in the development of the United States

position regarding the response.

(D) Notice to States Regarding Consultations on Foreign Subcentral

Government Laws.

(i) Subject to clause (ii), the Trade Representative shall, at least 30

days before making a request for consultations under Article 4 of the

Dispute Settlement Understanding regarding a subcentral government

measure of another WTO member, notify, and solicit the views of,

appropriate representatives of each State regarding the matter.

(ii) In exigent circumstances clause (i) shall not apply, in which case

the Trade Representative shall notify the appropriate representatives of

each State not later than 3 days after making the request for

consultations referred to in clause (i).

(2) Legal Challenge.

(A) In General. No State law, or the application of such a State law,

may be declared invalid as to any person or circumstance on the ground

that the provision or application is inconsistent with any of the

Uruguay Round Agreements, except in an action brought by the United

States for the purpose of declaring such law or application invalid.

(B) Procedures Governing Action. In any action described in subparagraph

(A) that is brought by the United States against a State or any

subdivision thereof

(i) a report of a dispute settlement panel or the Appellate Body

convened under the Dispute Settlement Understanding regarding the State

law, or the law of any political subdivision thereof, shall not be

considered as binding or otherwise accorded deference;

(ii) the United States shall have the burden of proving that the law

that is the subject of the action, or the application of that law, is

inconsistent with the agreement in question;

(iii) any State whose interests may be impaired or impeded in the action

shall have the unconditional right to intervene in the action as a

party, and the United States shall be entitled to amend its complaint to

include a claim or cross-claim concerning the law of a State that so

intervenes; and

(iv) any State law that is declared invalid shall not be deemed to have

been invalid in its application during any period before the court's

judgment becomes final and all timely appeals, including discretionary

review, of such judgment are exhausted.

United States brings an action described in subparagraph (A), the Trade

Representative shall provide a report to the Committee on Ways and Means

of the House of Representatives and the Committee on Finance of the

Senate-

(i) describing the proposed action;

(ii) describing efforts by the Trade Representative to resolve the

matter with the State concerned by other means; and

(iii) if the State law was the subject of consultations under the

Dispute Settlement Understanding, certifying that the Trade

Representative has substantially complied with the requirements of

paragraph (1)(C) in connection with the matter.

Following the submission of the report, and before the action is

brought, the Trade Representative shall consult with the committees

referred to in the preceding sentence concerning the matter.

(3) Definition of State Law. For purposes of this subsection-

(A) the term "State law" includes-

(i) any law of a political subdivision of a State; and

(ii) any State law regulating or taxing the business of insurance; and

(B) the terms "dispute settlement panel" and "Appellate Body" have the

meanings given those terms in section 121.

(1) Limitations. No person other than the United States-

(A) shall have any cause of action or defense under any of the Uruguay

Round Agreements or by virtue of congressional approval of such an

agreement, or

(B) may challenge, in any action brought under any provision of law, any

action or inaction by any department, agency, or other instrumentality

of the United States, any State, or any political subdivision of a State

on the ground that such action or inaction is inconsistent with such

agreement.

(2) Intent of congress. It is the intention of the Congress through

paragraph (1) to occupy the field with respect to any cause of action or

defense under or in connection with any of the Uruguay Round Agreements,

including by precluding any person other than the United States from

bringing any action against any State or political subdivision thereof

or raising any defense to the application of State law under or in

connection with any of the Uruguay Round Agreements-

(A) on the basis of a judgment obtained by the United States in an

action brought under any such agreement; or

(B) on any other basis.

(d) Statement of Administrative Action. The statement of administrative

action approved by the Congress under section 101(a) shall be regarded

as an authoritative expression by the United States concerning the

interpretation and application of the Uruguay Round Agreements and this

Act in any judicial proceeding in which a question arises concerning

such interpretation or application.

Sec. 103. Implementing actions in anticipation of entry into force;

regulations.

(a) Implementing Actions. After the date of the enactment of this Act-

(1) the President may proclaim such actions, and

(2) other appropriate officers of the United States Government may issue

such regulations,

as may be necessary to ensure that any provision of this Act, or

amendment made by this Act, that takes effect on the date any of the

Uruguay Round Agreements enters into force with respect to the United

States is appropriately implemented on such date. Such proclamation or

regulation may not have an effective date earlier than the date of entry

into force with respect to the United States of the agreement to which

the proclamation or regulation relates.

(b) Regulations. Any interim regulation necessary or appropriate to

carry out any action proposed in the statement of administrative action

approved under section 101(a) to implement an agreement described in

section 101(d) (7), (12), or (13) shall be issued not later than 1 year

after the date on which the agreement enters into force with respect to

the United States.

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

Appendix III Endnote

1 Part III of the Appendix consists of provisions of the Uruguay Round

Agreements Act, Pub. L. No. 103-465, 108 Stat. 4809, that do not amend

title 17 of the *United States Code.*

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

Appendix IV. GATT/Trade-Related Aspects of Intellectual

Property Rights (TRIPs) Agreement, Part II: [1]

Section 6: Layout-Designs (Topographies) of Integrated Circuits

Article 35

Relation to IPIC Treaty

Members agree to provide protection to the layout-designs (topographies)

of integrated circuits (hereinafter referred to as "layout-designs") in

accordance with Articles 2-7 (other than paragraph 3 of Article 6),

Article 12 and paragraph 3 of Article 16 of the Treaty on Intellectual

Property in Respect of Integrated Circuits and, in addition, to comply

with the following provisions.

Article 36

Scope of the Protection [2]

Subject to the provisions of paragraph 1 of Article 37 below, Members

shall consider unlawful the following acts if performed without the

authorization of the right holder: importing, selling, or otherwise

distributing for commercial purposes a protected layout-design, an

integrated circuit in which a protected layout-design is incorporated,

or an article incorporating such an integrated circuit only insofar as

it continues to contain an unlawfully reproduced layout-design.

Article 37

Acts not Requiring the Authorization of the Right Holder

1. Notwithstanding Article 36 above, no Member shall consider unlawful

the performance of any of the acts referred to in that Article in

respect of an integrated circuit incorporating an unlawfully reproduced

layout-design or any article incorporating such an integrated circuit

where the person performing or ordering such acts did not know and had

no reasonable ground to know, when acquiring the integrated circuit or

article incorporating such an integrated circuit, that it incorporated

an unlawfully reproduced layout-design. Members shall provide that,

after the time that such person has received sufficient notice that the

layout-design was unlawfully reproduced, he may perform any of the acts

with respect to the stock on hand or ordered before such time, but shall

be liable to pay to the right holder a sum equivalent to a reasonable

royalty such as would be payable under a freely negotiated license in

respect of such a layout-design.

2. The conditions set out in sub-paragraphs (a)-(k) of Article 31 above

shall apply *mutatis mutandis* in the event of any non-voluntary

licensing of a layout-design or of its use by or for the government

without the authorization of the right holder.

Article 38

Term of Protection

1. In Members requiring registration as a condition of protection, the

term of protection of layout-designs shall not end before the expiration

of a period of ten years counted from the date of filing an application

for registration or from the first commercial exploitation wherever in

the world it occurs.

2. In Members not requiring registration as a condition for protection,

layout-designs shall be protected for a term of no less than ten years

from the date of the first commercial exploitation wherever in the world

it occurs.

3. Notwithstanding paragraphs 1 and 2 above, a Member may provide that

protection shall lapse fifteen years after the creation of the layout-

design.

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

Appendix IV Endnotes

1 For an explanation of the relationship of this section of TRIPs to

title 17 of the *United States Code*, see the second paragraph of

endnote 8, chapter 9, *supra.*

2 The term "right holder" in this section shall be understood as having

the same meaning as the term "holder of the right" in the Treaty on

Intellectual Property in Respect of Integrated Circuits, done at

Washington, D.C., on May 26, 1989.

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

Appendix V. Additional Provisions of the Digital Millennium

Section 1. Short Title.

This Act may be cited as the "Digital Millennium Copyright Act".

Title I-WIPO Treaties Implementation

SEC. 101. SHORT TITLE.

This title may be cited as the "WIPO Copyright and Performances and

Phonograms Treaties Implementation Act of 1998".

* * * * * * *

SEC. 104. EVALUATION OF IMPACT OF COPYRIGHT LAW AND AMENDMENTS ON

ELECTRONIC COMMERCE AND TECHNOLOGICAL DEVELOPMENT.

(a) Evaluation by the Register of Copyrights and the Assistant Secretary

for Communications and Information. The Register of Copyrights and the

Assistant Secretary for Communications and Information of the Department

of Commerce shall jointly evaluate-

(1) the effects of the amendments made by this title and the development

of electronic commerce and associated technology on the operation of

sections 109 and 117 of title 17, United States Code; and

(2) the relationship between existing and emergent technology and the

operation of sections 109 and 117 of title 17, United States Code.

(b) Report to Congress. The Register of Copyrights and the Assistant

Secretary for Communications and Information of the Department of

Commerce shall, not later than 24 months after the date of the enactment

of this Act, submit to the Congress a joint report on the evaluation

conducted under subsection (a), including any legislative

recommendations the Register and the Assistant Secretary may have.

SEC. 105. EFFECTIVE DATE.

(a) In General. Except as otherwise provided in this title, this title

and the amendments made by this title shall take effect on the date of

the enactment of this Act.

(b) Amendments Relating to Certain International Agreements. (1) The

following shall take effect upon the entry into force of the WIPO

(A) Paragraph (5) of the definition of "international agreement"

contained in section 101 of title 17, United States Code, as amended by

section 102(a)(4) of this Act.

(B) The amendment made by section 102(a)(6) of this Act.

Code, as amended by section 102(c)(1) of this Act.

(D) Subparagraph (C) of section 104A(h)(3) of title 17, United States

Code, as amended by section 102(c)(2) of this Act.

(2) The following shall take effect upon the entry into force of the

WIPO Performances and Phonograms Treaty with respect to the United

States:

(A) Paragraph (6) of the definition of "international agreement"

contained in section 101 of title 17, United States Code, as amended by

section 102(a)(4) of this Act.

(B) The amendment made by section 102(a)(7) of this Act.

(D) Subparagraph (D) of section 104A(h)(1) of title 17, United States

Code, as amended by section 102(c)(1) of this Act.

(E) Subparagraph (D) of section 104A(h)(3) of title 17, United States

Code, as amended by section 102(c)(2) of this Act.

(F) The amendments made by section 102(c)(3) of this Act.

* * * * * * *

Title II - Online Copyright Infringement Liability Limitation

SEC. 201. SHORT TITLE.

This title may be cited as the "Online Copyright Infringement Liability

Limitation Act".

* * * * * * *

SEC. 203. EFFECTIVE DATE.

This title and the amendments made by this title shall take effect on

the date of the enactment of this Act.

* * * * * * *

Title IV - Miscellaneous Provisions

SEC. 401. PROVISIONS RELATING TO THE COMMISSIONER OF PATENTS AND

TRADEMARKS AND THE REGISTER OF COPYRIGHTS-

(a) Compensation. (1) Section 3(d) of title 35, United States Code, is

amended by striking "prescribed by law for Assistant Secretaries of

Commerce" and inserting "in effect for level III of the Executive

Schedule under section 5314 of title 5, United States Code".

* * * * * * *

(3) Section 5314 of title 5, United States Code, is amended by adding at

the end the following:

"Assistant Secretary of Commerce and Commissioner of Patents and

Trademarks.

"Register of Copyrights.".

* * * * * * *

SEC. 403. LIMITATIONS ON EXCLUSIVE RIGHTS; DISTANCE EDUCATION.

(a) Recommendations by Register of Copyrights. Not later than 6 months

after the date of the enactment of this Act, the Register of Copyrights,

after consultation with representatives of copyright owners, nonprofit

educational institutions, and nonprofit libraries and archives, shall

submit to the Congress recommendations on how to promote distance

education through digital technologies, including interactive digital

networks, while maintaining an appropriate balance between the rights of

recommendations shall include any legislation the Register of Copyrights

considers appropriate to achieve the objective described in the

preceding sentence.

(b) Factors. In formulating recommendations under subsection (a), the

(1) the need for an exemption from exclusive rights of copyright owners

for distance education through digital networks;

(2) the categories of works to be included under any distance education

exemption;

(3) the extent of appropriate quantitative limitations on the portions

of works that may be used under any distance education exemption;

(4) the parties who should be entitled to the benefits of any distance

education exemption;

(5) the parties who should be designated as eligible recipients of

distance education materials under any distance education exemption;

(6) whether and what types of technological measures can or should be

employed to safeguard against unauthorized access to, and use or

retention of, copyrighted materials as a condition of eligibility for

any distance education exemption, including, in light of developing

technological capabilities, the exemption set out in section 110(2) of

title 17, United States Code;

(7) the extent to which the availability of licenses for the use of

copyrighted works in distance education through interactive digital

networks should be considered in assessing eligibility for any distance

education exemption; and

(8) such other issues relating to distance education through interactive

digital networks that the Register considers appropriate.

* * * * * * *

SEC. 405. SCOPE OF EXCLUSIVE RIGHTS IN SOUND RECORDINGS;

EPHEMERAL RECORDINGS.

(a) Scope of Exclusive Rights in Sound Recordings.

* * * * * * *

(5) The amendment made by paragraph (2)(B)(i)(III) of this subsection

shall be deemed to have been enacted as part of the Digital Performance

Right in Sound Recordings Act of 1995, and the publication of notice of

proceedings under section 114(f)(1) of title 17, United States Code, as

in effect upon the effective date of that Act, for the determination of

royalty payments shall be deemed to have been made for the period

beginning on the effective date of that Act and ending on December 1,

2001.

(6) The amendments made by this subsection do not annul, limit, or

otherwise impair the rights that are preserved by section 114 of title

17, United States Code, including the rights preserved by subsections

(c), (d)(4), and (i) of such section.

* * * * * * *

Nothing in this section or the amendments made by this section shall

affect the scope of section 112(a) of title 17, United States Code, or

the entitlement of any person to an exemption thereunder.

* * * * * * *

SEC. 406. ASSUMPTION OF CONTRACTUAL OBLIGATIONS RELATED TO-

TRANSFERS OF RIGHTS IN MOTION PICTURES.

(a) In General. Part VI of title 28, United States Code, is amended by

adding at the end the following new chapter:

"CHAPTER 180-ASSUMPTION OF

CERTAIN CONTRACTUAL OBLIGATIONS

"Sec. 4001. Assumption of contractual obligations related to transfers

of rights in motion pictures.

"Sec. 4001. Assumption of contractual obligations related to transfers

of rights in motion pictures

"(a) Assumption of Obligations. (1) In the case of a transfer of

terms 'transfer of copyright ownership' and 'motion picture' are defined

in section 101 of title 17) that is produced subject to 1 or more

collective bargaining agreements negotiated under the laws of the United

States, if the transfer is executed on or after the effective date of

this chapter and is not limited to public performance rights, the

transfer instrument shall be deemed to incorporate the assumption

agreements applicable to the copyright ownership being transferred that

are required by the applicable collective bargaining agreement, and the

transferee shall be subject to the obligations under each such

assumption agreement to make residual payments and provide related

notices, accruing after the effective date of the transfer and

applicable to the exploitation of the rights transferred, and any

remedies under each such assumption agreement for breach of those

obligations, as those obligations and remedies are set forth in the

applicable collective bargaining agreement, if-

"(A) the transferee knows or has reason to know at the time of the

transfer that such collective bargaining agreement was or will be

applicable to the motion picture; or

"(B) in the event of a court order confirming an arbitration award

against the transferor under the collective bargaining agreement, the

transferor does not have the financial ability to satisfy the award

within 90 days after the order is issued.

"(2) For purposes of paragraph (1)(A), 'knows or has reason to know'

means any of the following:

"(A) Actual knowledge that the collective bargaining agreement was or

will be applicable to the motion picture.

"(B)(i) Constructive knowledge that the collective bargaining agreement

was or will be applicable to the motion picture, arising from

recordation of a document pertaining to copyright in the motion picture

under section 205 of title 17 or from publication, at a site available

to the public on-line that is operated by the relevant union, of

information that identifies the motion picture as subject to a

collective bargaining agreement with that union, if the site permits

commercially reasonable verification of the date on which the

information was available for access.

"(ii) Clause (i) applies only if the transfer referred to in subsection

(a)(1) occurs-

"(I) after the motion picture is completed, or

"(II) before the motion picture is completed and-

"(aa) within 18 months before the filing of an application for

17, or

"(bb) if no such application is filed, within 18 months before the

first publication of the motion picture in the United States.

"(C) Awareness of other facts and circumstances pertaining to a

particular transfer from which it is apparent that the collective

bargaining agreement was or will be applicable to the motion picture.

"(b) Scope of Exclusion of Transfers of Public Performance Rights. For

purposes of this section, the exclusion under subsection (a) of

transfers of copyright ownership in a motion picture that are limited to

public performance rights includes transfers to a terrestrial broadcast

station, cable system, or programmer to the extent that the station,

system, or programmer is functioning as an exhibitor of the motion

picture, either by exhibiting the motion picture on its own network,

system, service, or station, or by initiating the transmission of an

exhibition that is carried on another network, system, service, or

station. When a terrestrial broadcast station, cable system, or

programmer, or other transferee, is also functioning otherwise as a

distributor or as a producer of the motion picture, the public

performance exclusion does not affect any obligations imposed on the

transferee to the extent that it is engaging in such functions.

"(c) Exclusion for Grants of Security Interests. Subsection (a) shall

not apply to-

"(1) a transfer of copyright ownership consisting solely of a mortgage,

hypothecation, or other security interest; or

"(2) a subsequent transfer of the copyright ownership secured by the

security interest described in paragraph (1) by or under the authority

of the secured party, including a transfer through the exercise of the

secured party's rights or remedies as a secured party, or by a

subsequent transferee.

"The exclusion under this subsection shall not affect any rights or

remedies under law or contract.

"(d) Deferral Pending Resolution of Bona Fide Dispute.

"A transferee on which obligations are imposed under subsection (a) by

virtue of paragraph (1) of that subsection may elect to defer

performance of such obligations that are subject to a bona fide dispute

between a union and a prior transferor until that dispute is resolved,

except that such deferral shall not stay accrual of any union claims due

under an applicable collective bargaining agreement.

"(e) Scope of Obligations Determined by Private Agreement. Nothing in

this section shall expand or diminish the rights, obligations, or

remedies of any person under the collective bargaining agreements or

assumption agreements referred to in this section.

"(f) Failure to Notify. If the transferor under subsection (a) fails to

notify the transferee under subsection (a) of applicable collective

bargaining obligations before the execution of the transfer instrument,

and subsection (a) is made applicable to the transferee solely by virtue

of subsection (a)(1)(B), the transferor shall be liable to the

transferee for any damages suffered by the transferee as a result of the

failure to notify.

"(g) Determination of Disputes and Claims. Any dispute concerning the

application of subsections (a) through (f) shall be determined by an

action in United States district court, and the court in its discretion

may allow the recovery of full costs by or against any party and may

also award a reasonable attorney's fee to the prevailing party as part

of the costs.

"(h) Study. The Comptroller General, in consultation with the Register

of Copyrights, shall conduct a study of the conditions in the motion

picture industry that gave rise to this section, and the impact of this

section on the motion picture industry. The Comptroller General shall

report the findings of the study to the Congress within 2 years after

the effective date of this chapter."

* * * * * * *

SEC. 407. EFFECTIVE DATE.

Except as otherwise provided in this title, this title and the

amendments made by this title shall take effect on the date of the

enactment of this Act.

* * * * * * *

Title V-Protection of Certain Original Designs

SEC. 501. SHORT TITLE.

This Act may be referred to as the "Vessel Hull Design Protection Act".

* * * * * * *

SEC. 503. CONFORMING AMENDMENTS.

* * * * * * *

(b) Jurisdictions of District Courts Over Design Actions. (1) Section

1338(c) of title 28, United States Code, is amended by inserting ", and

to exclusive rights in designs under chapter 13 of title 17," after

"title 17".

(2)(A) The section heading for section 1338 of title 28, United States

Code, is amended by inserting "designs," after "mask works,".

(B) The item relating to section 1338 in the table of sections at the

beginning of chapter 85 of title 28, United States Code, is amended by

inserting "designs," after "mask works,".

United States Code, is amended by inserting "or designs" after "mask

works".

(2) The section heading for section 1400 of title 28, United States Code

is amended to read as follows:

"Patents and copyrights, mask works, and designs".

(3) The item relating to section 1400 in the table of sections at the

beginning of chapter 87 of title 28, United States Code, is amended to

read as follows:

"1400. Patents and copyrights, mask works, and designs.".

(d) Actions Against the United States. Section 1498(e) of title 28,

United States Code, is amended by inserting ", and to exclusive rights

in designs under chapter 13 of title 17," after "title 17".

SEC. 504. JOINT STUDY OF THE EFFECT OF THIS TITLE [2]

(a) In General. Not later than November 1, 2003, the Register of

Copyrights and the Commissioner of Patents and Trademarks shall submit

to the Committees on the Judiciary of the Senate and the House of

Representatives a joint report evaluating the effect of the amendments

made by this title.

(b) Elements for Consideration. In carrying out subsection (a), the

shall consider-

(1) the extent to which the amendments made by this title has been

effective in suppressing infringement of the design of vessel hulls;

(2) the extent to which the registration provided for in chapter 13 of

title 17, United States Code, as added by this title, has been utilized;

(3) the extent to which the creation of new designs of vessel hulls have

been encouraged by the amendments made by this title;

(4) the effect, if any, of the amendments made by this title on the

price of vessels with hulls protected under such amendments; and

(5) such other considerations as the Register and the Commissioner may

deem relevant to accomplish the purposes of the evaluation conducted

under subsection (a).

SEC. 505. EFFECTIVE DATE. [3]

The amendments made by sections 502 and 503 shall take effect on the

date of the enactment of this Act.

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

Appendix V Endnotes

1 Part V of the Appendix contains provisions from the Digital

Millennium Copyright Act, Pub. L. No. 105-304, 112 Stat. 2860, that do

not amend title 17 of the *United States Code.*

2 The Satellite Home Viewer Improvement Act of 1999 amended section

504(a) in its entirety. Pub. L. No. 106-113, 113 Stat. 1501, app. I at

1501A-593.

3 The Intellectual Property and Communications Omnibus Reform Act of

1999 amended section 505 by deleting everything at the end of the

sentence, after "Act." Pub. L. No. 106-113, 113 Stat. 1501, app. I at

1501A-593.

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

Appendix VI. Definition of "Berne Convention Work"

The WIPO Copyright and Performances and Phonograms Treaties

Implementation Act of 1998 deleted the definition of "Berne Convention

work" from section 101. [1] Pub. L. No. 105-304, 112 Stat. 2861. The

definition of Berne Convention work, as deleted, is as follows:

A work is a "Berne Convention work" if-

(1) in the case of an unpublished work, one or more of the authors is a

national of a nation adhering to the Berne Convention, or in the case of

a published work, one or more of the authors is a national of a nation

adhering to the Berne Convention on the date of first publication;

(2) the work was first published in a nation adhering to the Berne

Convention, or was simultaneously first published in a nation adhering

to the Berne convention and in a foreign nation that does not adhere to

the Berne Convention;

(3) in the case of an audiovisual work-

(A) if one or more of the authors is a legal entity, that author has its

headquarters in a nation adhering to the Berne Convention; or

(B) if one or more of the authors is an individual, that author is

domiciled, or has his or her habitual residence in, a nation adhering to

the Berne Convention; or

(4) in the case of a pictorial, graphic, or sculptural work that is

incorporated in a building or other structure, the building or structure

is located in a nation adhering to the Berne Convention; or

(5) in the case of an architectural work embodied in a building, such

building is erected in a country adhering to the Berne Convention.

For purposes of paragraph (1), an author who is domiciled in or has his

or her habitual residence in, a nation adhering to the Berne Convention

is considered to be a national of that nation. For purposes of paragraph

(2), a work is considered to have been simultaneously published in two

or more nations if its dates of publication are within 30 days of one

another.

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

Appendix VI Endnote

1 For a discussion of the legislative history of the definition of

"Berne Convention work," see endnote 2, chapter 1, *supra.*

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

Appendix VII. Selected Provisions of the U.S. Code Relating to Copyright

Title 18 - Crimes and Criminal Procedure

Part I - Crimes

Chapter 113 - Stolen Property

* * * * * * *

Sec. 2318. Trafficking in counterfeit labels for phonorecords, copies

of computer programs or computer program documentation or packaging, and

copies of motion pictures or other audio visual works, and trafficking

in counterfeit computer program documentation or packaging. [1]

(a) Whoever, in any of the circumstances described in subsection (c) of

this section, knowingly traffics in a counterfeit label affixed or

designed to be affixed to a phonorecord, or a copy of a computer program

or documentation or packaging for a computer program, or a copy of a

motion picture or other audiovisual work, and whoever, in any of the

circumstances described in subsection (c) of this section, knowingly

traffics in counterfeit documentation or packaging for a computer

program, shall be fined under this title or imprisoned for not more than

five years, or both.

(b) As used in this section-

(1) the term "counterfeit label" means an identifying label or container

that appears to be genuine, but is not;

(2) the term "traffic" means to transport, transfer or otherwise dispose

of, to another, as consideration for anything of value or to make or

obtain control of with intent to so transport, transfer or dispose of;

and

(3) the terms "copy", "phonorecord", "motion picture", "computer

program", and "audiovisual work" have, respectively, the meanings given

those terms in section 101 (relating to definitions) of title 17.

(1) the offense is committed within the special maritime and territorial

jurisdiction of the United States; or within the special aircraft

jurisdiction of the United States (as defined in section 46501 of title

49);

(2) the mail or a facility of interstate or foreign commerce is used or

intended to be used in the commission of the offense;

(3) the counterfeit label is affixed to or encloses, or is designed to

be affixed to or enclose, a copy of a copyrighted computer program or

copyrighted documentation or packaging for a computer program, a

copyrighted motion picture or other audiovisual work, or a phonorecord

of a copyrighted sound recording; or

(4) the counterfeited documentation or packaging for a computer program

is copyrighted.

(d) When any person is convicted of any violation of subsection (a), the

court in its judgment of conviction shall in addition to the penalty

therein prescribed, order the forfeiture and destruction or other

disposition of all counterfeit labels and all articles to which

counterfeit labels have been affixed or which were intended to have had

such labels affixed.

(e) Except to the extent they are inconsistent with the provisions of

this title, all provisions of section 509, title 17, United States Code,

are applicable to violations of subsection (a).

Sec. 2319. Criminal infringement of a copyright [2]

(a) Whoever violates section 506(a) (relating to criminal offenses) of

title 17 shall be punished as provided in subsections (b) and (c) of

this section and such penalties shall be in addition to any other

provisions of title 17 or any other law.

(b) Any person who commits an offense under section 506 (a)(1) of title

17-

(1) shall be imprisoned not more than 5 years, or fined in the amount

set forth in this title, or both, if the offense consists of the

reproduction or distribution, including by electronic means, during any

180-day period, of at least 10 copies or phonorecords, of 1 or more

copyrighted works, which have a total retail value of more than $2,500;

(2) shall be imprisoned not more than 10 years, or fined in the amount

set forth in this title, or both, if the offense is a second or

subsequent offense under paragraph (1); and

(3) shall be imprisoned not more than 1 year, or fined in the amount set

forth in this title, or both, in any other case.

17, United States Code-

(1) shall be imprisoned not more than 3 years, or fined in the amount

set forth in this title, or both, if the offense consists of the

reproduction or distribution of 10 or more copies or phonorecords of 1

or more copyrighted works, which have a total retail value of $2,500 or

more;

(2) shall be imprisoned not more than 6 years, or fined in the amount

set forth in this title, or both, if the offense is a second or

subsequent offense under paragraph (1); and

(3) shall be imprisoned not more than 1 year, or fined in the amount set

forth in this title, or both, if the offense consists of the

reproduction or distribution of 1 or more copies or phonorecords of 1 or

more copyrighted works, which have a total retail value of more than

$1,000.

(d) (1) During preparation of the presentence report pursuant to Rule

32(c) of the Federal Rules of Criminal Procedure, victims of the offense

shall be permitted to submit, and the probation officer shall receive, a

victim impact statement that identifies the victim of the offense and

the extent and scope of the injury and loss suffered by the victim,

including the estimated economic impact of the offense on that victim.

(2) Persons permitted to submit victim impact statements shall include-

(A) producers and sellers of legitimate works affected by conduct

involved in the offense;

(B) holders of intellectual property rights in such works; and

(e) As used in this section-

(1) the terms "phonorecord" and "copies" have, respectively, the

meanings set forth in section 101 (relating to definitions) of title 17;

and

(2) the terms "reproduction" and "distribution" refer to the exclusive

rights of a copyright owner under clauses (1) and (3) respectively of

section 106 (relating to exclusive rights in copyrighted works), as

limited by sections 107 through 120, of title 17.

Sec. 2319A. Unauthorized fixation of and trafficking in sound recordings

and music videos of live musical performances [3]

(a) Offense. Whoever, without the consent of the performer or performers

involved, knowingly and for purposes of commercial advantage or private

financial gain-

(1) fixes the sounds or sounds and images of a live musical performance

in a copy or phonorecord, or reproduces copies or phonorecords of such a

performance from an unauthorized fixation;

(2) transmits or otherwise communicates to the public the sounds or

sounds and images of a live musical performance; or

(3) distributes or offers to distribute, sells or offers to sell, rents

or offers to rent, or traffics in any copy or phonorecord fixed as

described in paragraph (1), regardless of whether the fixations occurred

in the United States;

shall be imprisoned for not more than 5 years or fined in the amount set

forth in this title, or both, or if the offense is a second or

subsequent offense, shall be imprisoned for not more than 10 years or

fined in the amount set forth in this title, or both.

(b) Forfeiture and Destruction. When a person is convicted of a

violation of subsection (a), the court shall order the forfeiture and

destruction of any copies or phonorecords created in violation thereof,

as well as any plates, molds, matrices, masters, tapes, and film

negatives by means of which such copies or phonorecords may be made. The

court may also, in its discretion, order the forfeiture and destruction

of any other equipment by means of which such copies or phonorecords may

be reproduced, taking into account the nature, scope, and

proportionality of the use of the equipment in the offense.

sounds and images of a live musical performance are fixed outside of the

United States without the consent of the performer or performers

involved, such copies or phonorecords are subject to seizure and

forfeiture in the United States in the same manner as property imported

in violation of the customs laws. The Secretary of the Treasury shall,

not later than 60 days after the date of the enactment of the Uruguay

Round Agreements Act, issue regulations to carry out this subsection,

including regulations by which any performer may, upon payment of a

specified fee, be entitled to notification by the United States Customs

Service of the importation of copies or phonorecords that appear to

consist of unauthorized fixations of the sounds or sounds and images of

a live musical performance.

(d) Victim Impact Statement.

(1) During preparation of the presentence report pursuant to Rule 32(c)

of the Federal Rules of Criminal Procedure, victims of the offense shall

be permitted to submit, and the probation officer shall receive, a

victim impact statement that identifies the victim of the offense and

the extent and scope of the injury and loss suffered by the victim,

including the estimated economic impact of the offense on that victim.

(2) Persons permitted to submit victim impact statements shall include-

(A) producers and sellers of legitimate works affected by conduct

involved in the offense;

(B) holders of intellectual property rights in such works; and

(e) Definitions. As used in this section-

(1) the terms "copy", "fixed", "musical work", "phonorecord",

"reproduce", "sound recordings", and "transmit" mean those terms within

the meaning of title 17; and

(2) the term "traffic in" means transport, transfer, or otherwise

dispose of, to another, as consideration for anything of value, or make

or obtain control of with intent to transport, transfer, or dispose of.

(f) Applicability. This section shall apply to any Act or Acts that

occur on or after the date of the enactment of the Uruguay Round

Agreements Act.

* * * * * * *

Title 28 - Judiciary and Judicial Procedure

Part IV - Jurisdiction and Venue

Chapter 85 - District Courts; Jurisdiction

* * * * * * *

Sec. 1338. Patents, plant variety protection, copyrights, mask works,

trade-marks, and unfair competition {4}

(a) The district courts shall have original jurisdiction of any civil

action arising under any Act of Congress relating to patents, plant

variety protection, copyrights and trade-marks. Such jurisdiction shall

be exclusive of the courts of the states in patent, plant variety

protection and copyright cases.

(b) The district courts shall have original jurisdiction of any civil

action asserting a claim of unfair competition when joined with a

substantial and related claim under the copyright, patent, plant variety

protection or trade-mark laws.

under chapter 9 of title 17 to the same extent as such subsections apply

to copyrights.

* * * * * * * * *

Chapter 91 - United States Court of Federal Claims

* * * * * * * * *

Sec. 1498. Patent and copyright cases [5]

* * * * * * * * *

(b) Hereafter, whenever the copyright in any work protected under the

States, by a corporation owned or controlled by the United States, or by

a contractor, subcontractor, or any person, firm, or corporation acting

for the Government and with the authorization or consent of the

Government, the exclusive action which may be brought for such

infringement shall be an action by the copyright owner against the

United States in the Court of Federal Claims for the recovery of his

reasonable and entire compensation as damages for such infringement,

including the minimum statutory damages as set forth in section 504(c)

of title 17, United States Code: Provided, That a Government employee

shall have a right of action against the Government under this

subsection except where he was in a position to order, influence, or

induce use of the copyrighted work by the Government: Provided, however,

That this subsection shall not confer a right of action on any copyright

owner or any assignee of such owner with respect to any copyrighted work

prepared by a person while in the employment or service of the United

States, where the copyrighted work was prepared as a part of the

official functions of the employee, or in the preparation of which

Government time, material, or facilities were used: And provided

further, That before such action against the United States has been

instituted the appropriate corporation owned or controlled by the United

States or the head of the appropriate department or agency of the

Government, as the case may be, is authorized to enter into an agreement

with the copyright owner in full settlement and compromise for the

damages accruing to him by reason of such infringement and to settle the

claim administratively out of available appropriations.

Except as otherwise provided by law, no recovery shall be had for any

infringement of a copyright covered by this subsection committed more

than three years prior to the filing of the complaint or counterclaim

for infringement in the action, except that the period between the date

of receipt of a written claim for compensation by the Department or

agency of the Government or corporation owned or controlled by the

United States, as the case may be, having authority to settle such claim

and the date of mailing by the Government of a notice to the claimant

that his claim has been denied shall not be counted as a part of the

three years, unless suit is brought before the last-mentioned date.

in a foreign country.

* * * * * * * * * *

(e) Subsections (b) and (c) of this section apply to exclusive rights in

mask works under chapter 9 of title 17 to the same extent as such

subsections apply to copyrights.

* * * * * * * * * *

Title 44 - Public Printing and Documents

Chapter 21 - National Archives and Records Administration

* * * * * * * * * *

Sec. 2117. Limitation on liability [6]

When letters and other intellectual productions (exclusive of patented

material, published works under copyright protection, and unpublished

works for which copyright registration has been made) come into the

custody or possession of the Archivist, the United States or its agents

are not liable for infringement of copyright or analogous rights arising

out of use of the materials for display, inspection, research,

reproduction, or other purposes.

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

Appendix VII Endnotes

1 In 1962, section 2318, entitled "Transportation, sale, or receipt of

phonograph records bearing forged or counterfeit labels," was added to

title 18 of the *United States Code.* Pub. L. No. 87-773, 76 Stat. 775.

In 1974, section 2318 was amended to change the penalties. Pub. L. No.

93-573, 88 Stat. 1873. The Copyright Act of 1976 revised section 2318

with an amendment in the nature of a substitute. Pub. L. No. 94-553, 90

Stat. 2541, 2600. The Piracy and Counterfeiting Amendments Act of 1982

again revised section 2318 with an amendment in the nature of a

substitute that included a new title, "Trafficking in counterfeit labels

for phonorecords, and copies of motion pictures or other audiovisual

works." Pub. L. No. 97-180, 96 Stat. 91. The Crime Control Act of 1990

made a technical amendment to section 2318 to delete the comma after

"phonorecords" in the title. Pub. L. No. 101-647, 104 Stat. 4789, 4928.

In 1994, section 2318(c)(1) was amended by inserting "section 46501 of

title 49" in lieu of "section 101 of the Federal Aviation Act of 1958.

Pub. L. No. 103-272, 108 Stat. 745, 1374. The Violent Crime Control and

Law Enforcement Act of 1994 amended section 2318(a) by inserting "under

this title" in lieu of "not more than $250,000." Pub. L. No. 103-322,

108 Stat. 1796, 2148. (As provided in 18 U.S.C. Sec. 3571, the maximum

fine for an individual is $250,000, and the maximum fine for an

organization is $500,000.)

The Anticounterfeiting Consumer Protection Act of 1996 amended section

2318 by changing the title, by amending subsection (a) to insert "a

computer program or documentation" through to "knowingly traffics in

counterfeit documentation or packaging for a computer program" in lieu

of "a motion picture or other audiovisual work" and by amending

subsection (b)(3) to insert "computer program" after "motion picture."

Pub. L. No. 104-153, 110 Stat. 1386. The Act also amended section

2318(c) by inserting "a copy of a copyrighted computer program or

copyrighted documentation or packaging for a computer program" into

paragraph (3) and by adding paragraph (4). *Id.* at 1387.

2 The Piracy and Counterfeiting Amendments Act of 1982 added section

2319 to title 18 of the *United States Code.* Pub. L. No. 97-180, 96

Stat. 91, 92. In 1992, section 2319 was amended by substituting a new

subsection (b), by deleting "sound recording," "motion picture" and

"audiovisual work" from subsection (c)(1) and by substituting "120" for

"118" in subsection (c)(2). Pub. L. No. 102-561, 106 Stat. 4233. In

1997, a technical amendment corrected the spelling of "last" in

subsection (b)(1) to "least." Pub. L. No. 105-80, 111 Stat. 1529, 1536.

In 1997, the No Electronic Theft Act amended section 2319 of title 18 as

follows: 1) in subsection (a) by inserting "and (c)" after "subsection

(b),"; 2) in subsection (b), in the matter preceding paragraph (1), by

inserting "section 506(a)(1) of title 17" in lieu of "subsection (a) of

this section,"; 3) in subsection (b)(1) by inserting "including by

electronic means" and by inserting "which have a total retail value" in

lieu of "with a retail value," 4) by redesignating subsection (c) as

subsection (e); and 5) by adding new subsections (c) and (d). Pub. L.

No. 105-147, 111 Stat. 2678. The Act also directed the United States

Sentencing Commission to "ensure that the applicable guideline range for

a defendant convicted of a crime against intellectual property . . . is

sufficiently stringent to deter such a crime" and to "ensure that the

guidelines provide for consideration of the retail value and quantity of

the items with respect to which the crime against intellectual property

was committed."* Id.* See also endnote 5, chapter 5, *supra.*

3 In 1994, the Uruguay Round Agreements Act added section 2319A to

title 18 of the *United States Code.* Pub. L. No. 103-465, 108 Stat.

4809, 4974. In 1997, the No Electronic Theft Act amended section 2319A

by redesignating subsections (d) and (e) as subsections (e) and (f),

respectively, and by adding subsection (d). Pub. L. No. 105-147, 111

Stat. 2678. See also endnote 2, *supra*, regarding the United States

Sentencing Commission.

4 In 1948, section 1338, entitled "Patents, copyrights, trade-marks,

and unfair competition," was added to title 28 of the *United States

Code.* Pub. L. No. 773, 62 Stat. 869, 931. In 1970, the title of section

1338 and the text of subsection (b) were amended to insert "plant

variety protection" after "patent." Pub. L. No. 91-577, 84 Stat. 1542,

1559. In 1988, the Judicial Improvements and Access to Justice Act

amended section 1338 by adding "mask works" to the title and by adding

subsection (c). Pub. L. No. 100-702, 102 Stat. 4642, 4671.

5 In 1960, section 1498 of the *United States Code* was amended to add

subsections (b) and (c). Pub. L. No. 86-726, 74 Stat. 855. The Copyright

Act of 1976 amended section 1498(b) to insert "section 504(c) of title

17" in lieu of "section 101(b) of title 17." Pub. L. No. 94-553, 90

Stat. 2541, 2599. The Federal Courts Improvement Act of 1982 amended

section 1498(a) to insert "United States Claims Court" in lieu of "Court

of Claims" and, in subsections (b) and (d), to insert "Claims Court" in

lieu of "Court of Claims," wherever it appeared. Pub. L. No. 97-164, 96

Stat. 25, 40. In 1988, the Judicial Improvements and Access to Justice

Act amended section 1498 by adding subsection (e). Pub. L. No. 100-702,

102 Stat. 4642, 4671. The Federal Courts Administration Act of 1992

amended section 1498 by inserting "United States Court of Federal

Claims" in lieu of "United States Claims Court," wherever it appeared,

and by inserting "Court of Federal Claims" in lieu of "Claims Court,"

wherever it appeared. Pub. L. No. 102-572, 106 Stat. 4506, 4516. In

1997, the No Electronic Theft (NET) Act amended section 1498(b) to

insert "action which may be brought for such infringement shall be an

action by the copyright owner" in lieu of "remedy of the owner of such

2680.

6 In 1968, section 2113, entitled "Limitation on liability," was added

to title 44 of the *United States Code.* Pub. L. No. 90-620, 82 Stat.

1238, 1291. The Copyright Act of 1976 amended section 2113 in its

entirety. Pub. L. No. 94-553, 90 Stat. 2541, 2599. The National Archives

and Records Administration Act of 1984 amended section 2113 by

redesignating it as section 2117 and by inserting "Archivist" in lieu of

"Administrator of General Services." Pub. L. No. 98-497, 98 Stat. 2280

and 2286.

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

09-Aug-2001

Copyright Law of the United States of America and Related Laws Contained in Title 17 of the United States Code, Circular 92 · 第 34 / 34 章