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- Copyright Law of the United States of America - 1/70 -


Copyright Law of the United States of America

and

Related Laws Contained in Title 17 of the *United States Code*

Circular 92

------------------------------------------------------------------------ Contents

+ The Constitutional Provision Respecting Copyright + Preface + Chapter 1 - Subject Matter and Scope of Copyright + Chapter 2 - Copyright Ownership and Transfer + Chapter 3 - Duration of Copyright + Chapter 4 - Copyright Notice, Deposit, and Registration + Chapter 5 - Copyright Infringement and Remedies + Chapter 6 - Manufacturing Requirements and Importation + Chapter 7 - Copyright Office + Chapter 8 - Copyright Arbitration Royalty Panels + Chapter 9 - Protection of Semiconductor Chip Products + Chapter 10 - Digital Audio Recording Devices and Media + Chapter 11 - Sound Recordings and Music Videos + Chapter 12 - Copyright Protection and Management Systems + Chapter 13 - Protection of Original Designs + Appendix I. Transitional and Supplementary Provisions of the Copyright Act of 1976 + Appendix II. Berne Convention Implementation Act of 1988 + Appendix III. Uruguay Round Agreements Act + Appendix IV. GATT/Trade-Related Aspects of Intellectual Property Rights (TRIPs) Agreement, Part II, Section 6: Layout-Designs (Topographies) of Integrated Circuits + Appendix V. Additional Provisions of the Digital Millennium Copyright Act + Appendix VI. Definition of "Berne Convention Work" + Appendix VII. Selected Provisions of the U.S. Code Relating to Copyright

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

The Constitutional Provision Respecting Copyright

The Congress shall have Power ... To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries

(United States Constitution, Article I, Section 8)

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

Preface

This volume contains the text of title 17 of the *United States Code*, including all amendments enacted through the end of the second session of the 106th Congress in 2000. It includes the Copyright Act of 1976 and all subsequent amendments to copyright law; the Semiconductor Chip Protection Act of 1984, as amended; and the Vessel Hull Design Protection Act, as amended. The Copyright Office is responsible for registering claims under all three.

The United States copyright law is contained in chapters 1 through 8 and 10 through 12 of title 17 of the *United States Code.* The Copyright Act of 1976, which provides the basic framework for the current copyright law, was enacted on October 19, 1976 as Pub. L. No. 94-553, 90 Stat. 2541. Listed below in chronological order of their enactment are subsequent amendments to copyright law.

Chapters 9 and 13 of title 17 contain statutory design protection that is independent of copyright protection. Chapter 9 of title 17 is the Semiconductor Chip Protection Act of 1984 (SCPA), as amended. On November 8, 1984, the SCPA was enacted as title III of Pub. L. No. 98-620, 98 Stat. 3335, 3347. Chapter 13 of title 17 is the Vessel Hull Design Protection Act (VHDPA). It was enacted on October 28, 1998 as title V of the Digital Millennium Copyright Act (DMCA), Pub. L. No. 105-304, 112 Stat. 2860, 2905. Subsequent amendments to the SCPA and the VHDPA are also included in the list below, in chronological order of their enactment.

For transitional and supplementary copyright provisions that were enacted as part of the Copyright Act of 1976 and the DMCA, but which do not amend title 17, see the Appendix.

Statutory Enactments Contained in Title 17 of the *United States Code*

+ [Copyright Act of 1976], Pub. L. No. 94-553, 90 Stat. 2541 (for the general revision of copyright law, title 17 of the *United States Code*, and for other purposes), October 19, 1976.

+ Legislative Branch Appropriation Act, 1978, Pub. L. No. 95-94, 91 Stat. 653, 682 (amending Sec. 203 and 708, title 17, *United States Code*, regarding the deposit of moneys by the Register of Copyrights in the Treasury of the United States), enacted August 5, 1977.

+ [Copyright Amendments], Pub. L. No. 95-598, 92 Stat. 2549, 2676 (amending Sec. 201(e), title 17, *United States Code*, to permit involuntary transfer under the Bankruptcy Law), enacted November 6, 1978.

+ [Copyright Amendments], Pub. L. No. 96-517, 94 Stat. 3015, 3028 (amending Sec. 101 and 117, title 17, *United States Code*, regarding computer programs), enacted December 12, 1980.

+ Piracy and Counterfeiting Amendments Act of 1982, Pub. L. No. 97-180, 96 Stat. 91, 93 (amending Sec. 506(a), title 17, *United States Code* and title 18 of the *United States Code*), enacted May 24, 1982.

+ [Copyright Amendments], Pub. L. No. 97-215, 96 Stat. 178 (amending the manufacturing clause in chapter 6, title 17, *United States Code*), enacted July 13, 1982.

+ [Copyright Amendments], Pub. L. No. 97-366, 96 Stat. 1759 (amending Sec. 110 and Sec. 708, title 17, *United States Code*, regarding the redesignation of registration fees as filing fees, and the exemption from copyright liability of certain performances of nondramatic literary or musical works), enacted October 25, 1982.

+ Record Rental Amendment of 1984, Pub. L. No. 98-450, 98 Stat. 1727 (amending Sec. 109 and Sec. 115, title 17, *United States Code*, with respect to rental, lease or lending of sound recordings), enacted October 4, 1984.

+ Semiconductor Chip Protection Act of 1984, title III of Pub. L. No. 98-620, 98 Stat. 3335, 3347 (adding chapter 9, title 17, *United States Code*, to provide design protection for semiconductor chips), November 8, 1984.

+ [Copyright Amendments], Pub. L. No. 99-397, 100 Stat. 848 (amending Sec. 111 and Sec. 801, title 17, *United States Code*, to clarify the definition of the local service area of a primary transmitter in the case of a low power television station), enacted on August 27, 1986.

+ [Amendments to the Semiconductor Chip Protection Act of 1984], Pub. L. No. 100-159, 101 Stat. 899 (amending chapter 9, title 17, *United States Code*, regarding protection extended to semiconductor chip products of foreign entities), enacted November 9, 1987.

+ Berne Convention Implementation Act of 1988, Pub. L. No. 100-568, 102 Stat. 2853, enacted October 31, 1988. (See the Appendix for certain provisions of this Act that do not amend title 17 of the *United States Code.*)

+ [Copyright Amendments], Pub. L. No. 100-617, 102 Stat. 3194 (extending for an additional eight-year period certain provisions of title 17, *United States Code*, relating to the rental of sound recordings and for other purposes), enacted November 5, 1988.

+ Satellite Home Viewer Act of 1988, title II of Pub. L. No. 100-667, 102 Stat. 3935, 3949, enacted November 16, 1988.

+ Judicial Improvements and Access to Justice Act, Pub. L. No. 100-702, 102 Stat. 4642, 4672 (amending Sec. 912, title 17, *United States Code*), enacted November 19, 1988.

+ Copyright Fees and Technical Amendments Act of 1989, Pub. L. No. 101-318, 104 Stat. 287, enacted on July 3, 1990.

+ Copyright Royalty Tribunal Reform and Miscellaneous Pay Act of 1989, Pub. L. No. 101-319, 104 Stat. 290, enacted July 3, 1990.

+ Copyright Remedy Clarification Act, Pub. L. No. 101-553, 104 Stat. 2749, enacted November 15, 1990.

+ Visual Artists Rights Act of 1990, title VI of the Judicial Improvements Act of 1990, Pub. L. No. 101-650, 104 Stat. 5089, 5128, enacted December 1, 1990.

+ Architectural Works Copyright Protection Act, title VII of the Judicial Improvements Act of 1990, Pub. L. No. 101-650, 104 Stat. 5089, 5133, enacted December 1, 1990.

+ Computer Software Rental Amendments Act of 1990, title VIII of the Judicial Improvements Act of 1990, Pub. L. No. 101-650, 104 Stat 5089, 5134, enacted December 1, 1990.

+ Semiconductor International Protection Extension Act of 1991, Pub. L. No. 102-64, 105 Stat. 320 (amending chapter 9, title 17, *United States Code*, regarding protection extended to semiconductor chip products of foreign entities), enacted June 28, 1991.

+ Copyright Amendments Act of 1992, Pub. L. No. 102-307, 106 Stat. 264, 272 (amending title 17 of the *United States Code*, by deleting subsection 108(i) in its entirety), enacted June 26, 1992.

+ Copyright Renewal Act of 1992, title I of the Copyright Amendments Act of 1992, Pub. L. No. 102-307, 106 Stat. 264, enacted June 26, 1992.

+ [Copyright Amendments], Pub. L. No. 102-492, 106 Stat. 3145 (amending Sec. 107, title 17, *United States Code*, regarding unpublished works), enacted October 24, 1992.

+ [Copyright Amendments], Pub. L. No. 102-561, 106 Stat. 4233 (amending Sec. 2319, title 18, *United States Code*, regarding criminal penalties for copyright infringement), enacted October 28, 1992.

+ Audio Home Recording Act of 1992, Pub. L. No. 102-563, 106 Stat. 4237 (amending title 17 of the *United States Code* by adding a new chapter 10), enacted October 28, 1992.

+ North American Free Trade Agreement Implementation Act, Pub. L. No. 103-182, 107 Stat. 2057, 2114 and 2115 (amending Sec. 109, title 17,


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