copyright law 2009

8/14/2019 Copyright law 2009

1/349

c i r c u l a r 9 2

o c t o b e r 2 0 0 9


2/349


3/349

SCPA SCPA

III

VHDPA

DMCA

SCPA VHDPA


4/349

III


5/349


6/349

A


7/349


8/349

I

III

III

III

IX


9/349

I

II

ART

II

IV


10/349


11/349


12/349


13/349


14/349

related international provisions

appendix j

appendix k appendix l GATT

TRIP II appendix m


15/349

sec t ion page

a

a


16/349


17/349


18/349

WTO

WIPO

WIPO

ASCAP BMI SESAC


19/349


20/349

WIPO WIPO


21/349

WIPO WIPO


22/349

WTO WTO


23/349

Unpublished Works.

Published Works.


24/349

Effect of Berne Convention.

Effect of Phonograms Treaties.

WIPO

Automatic Protection and Term.Term.

Exception .

Ownership of Restored Copyright.

Filing of Notice of Intent to Enforce Restored CopyrightAgainst Reliance Parties .


25/349

Remedies for Infringement of Restored Copyrights.(1) Enforcement of copyright in restored works in the absence

of a reliance party.

Enforcement of copyright in restored works as against re-liance parties.


26/349

(3) Existing derivative works.

Commencement of infringement for reliance parties.

Notices of Intent to Enforce a Restored Copyright.Notices of intent filed with the Copyright Office.


27/349

Notices of intent served on a reliance party.


28/349

Effect of material false statements.

Immunity from Warranty and Related Liability.

In general.

Performances.

Proclamation of Copyright Restoration.

Definitions.

WTO

WTO

WTOWIPO

WIPO


29/349

WTO

WTO

WIPO

WIPO


30/349

WIPO


31/349

Rights of Attribution and Integrity.

Scope and Exercise of Rights.


32/349

Exceptions.

Duration of Rights.

Transfer and Waiver.


33/349

A


34/349


35/349


36/349

A

A

A

A


37/349


38/349


39/349


40/349


41/349


42/349

CFR


43/349


44/349


45/349

Secondary Transmissions by Cable Systems.


46/349

Statutory License for Secondary Transmissions by CableSystems.


47/349


48/349


49/349

Nonsimultaneous Secondary Transmissions by Cable Systems.


50/349

Definitions.


51/349


52/349


53/349


54/349


55/349

Statutory License.


56/349


57/349


58/349

A

A

A

A


59/349

Limitations on Exclusive Right.


60/349

Exempt transmissions and retransmissions.

U.S.C.


61/349

U.S.C.

Statutory licensing of certain transmissions.


62/349


63/349


64/349


65/349

Licenses for transmissions by interactive services.


66/349

SESACRights not otherwise limited.

Authority for Negotiations.


67/349

Licenses for Certain Nonexempt Transmissions.


68/349


69/349


70/349


71/349

U.S.C.


72/349

Proceeds from Licensing of Transmissions.


73/349

Licensing to Affiliates.


74/349

No Effect on Royalties for Underlying Works.

Definitions.


75/349


76/349

Availability and Scope of Compulsory License.


77/349

Notice of Intention to Obtain Compulsory License.

Royalty Payable under Compulsory License.


78/349


79/349


80/349


81/349


82/349

Definition.

Applicability of Section.

Negotiated Licenses.Authority for negotiations.

Chapter 8 proceeding.

License Agreements Superior to Determinations by CopyrightRoyalty Judges.

Definitions.


83/349

Making of Additional Copy or Adaptation by Owner of Copy.

Lease, Sale, or Other Transfer of Additional Copy or Adap-tation .

Machine Maintenance or Repair.


84/349

Definitions.


85/349


86/349

Secondary Transmissions by Satellite Carriers.

Superstations.


87/349

Network stations.In general.

Secondary transmissions to unserved households.In general.

Accurate determinations of eligibility.Accurate predictive model.

Accurate measurements.

C-band exemption to unserved households.In general.

Definition.

Exceptions.


88/349

States with single full-power network station.

CFR

States with all network stations and superstationsin same local market.

Additional stations.

Certain additional stations.


89/349

Applicability of royalty rates.

Submission of subscriber lists to networks.Initial lists.

Monthly lists.

Use of subscriber information.

Applicability.


90/349


91/349

For those not receiving distant analog signals.

Rules for other subscribers.


92/349

Future applicability.


93/349

Special rules for distant digital signals.

Other provisions not affected.

Waiver.

Available defined.

Noncompliance with reporting and payment requirements.


94/349

Willful alterations.

Violation of territorial restrictions on statutory licensefor network stations.

Individual violations.

Pattern of violations.


95/349

Previous subscribers excluded.

Burden of proof.

Exception.

Discrimination by a satellite carrier.

Geographic limitation on secondary transmissions.


96/349

Loser pays for signal intensity measurement; recovery ofmeasurement costs in a civil action.

Inability to conduct measurement.

Service to recreational vehicles and commercial trucks.

Exemption.In general.

Limitation.

Exclusion.

Documentation requirements.


97/349

Declaration.

Registration.

Registration and license.

Updated documentation requirements.

Statutory license contingent on compliance with FCC

rules and remedial steps.

Waivers.


98/349

Carriage of low power television stations.In general.

Geographic limitation.Network stations.

Superstations.

No applicability to repeaters and translators.

Royalty fees.

Limitation to subscribers taking local-into-localservice.


99/349


100/349

Investment of fees.

Persons to whom fees are distributed.

Procedures for distribution.

Filing of claims for fees.

Determination of controversy; distributions.

Withholding of fees during controversy.

Adjustment of Royalty Fees.


101/349

Applicability and determination of royalty fees for analogsignals.

Initial fee.

Fee set by voluntary negotiation.

Negotiations.

Agreements binding on parties; filing of agreements;public notice.


102/349

Period agreement is in effect.

Fee set by compulsory arbitration.

Notice of initiation of proceedings.

Establishment of royalty fees.


103/349

Period during which decision of arbitration panel or

order of librarian effective.

Persons subject to royalty fee.

Applicability and determination of royalty fees for digitalsignals.


104/349

Definitions.Distributor.

Network station.

Primary network station.

Primary transmission.

Private home viewing.

Satellite carrier.


105/349

Secondary transmission.

Subscriber.

Superstation.

Unserved household.

Local market.

Low power television station.

Commercial establishment.


106/349

Moratorium on Copyright Liability .

Expedited Consideration by Justice Department of VoluntaryAgreements to Provide Satellite Secondary Transmissions to LocalMarkets.

In general.

Definition.

U.S.C.

U.S.C.


107/349

Pictorial Representations Permitted.

Alterations to and Destruction of Buildings.


108/349

U.S.C.

Secondary Transmissions of Television Broadcast Stations bySatellite Carriers.


109/349


110/349

Violation of Territorial Restrictions on Statutory License forTelevision Broadcast Stations.

Individual violations.

Pattern of violations.


111/349

Burden of Proof.

Geographic Limitations on Secondary Transmissions.

Exclusivity with Respect to Secondary Transmissions of Broad-cast Stations by Satellite to Members of the Public.

Definitions.Distributor.

Local market.In general.

County of license.

Designated market area.

Certain areas outside of any designated market area.


112/349

Network station; satellite carrier; secondary transmission.

Subscriber.

Television broadcast station.


113/349


114/349


115/349


116/349


117/349


118/349


119/349


120/349


121/349


122/349


123/349


124/349


125/349

and PBS satellite feed


126/349


127/349


128/349


129/349

sec t ion page


130/349

Initial Ownership.

Works Made for Hire.

Contributions to Collective Works.

Transfer of Ownership.

Involuntary Transfer.


131/349

Conditions for Termination.


132/349

Effect of Termination.


133/349

Conditions for Recordation.

Certificate of Recordation.


134/349

Recordation as Constructive Notice.

Priority between Conflicting Transfers.

Priority between Conflicting Transfer of Ownership and Nonex clusive License.


135/349

sec t ion page


136/349

A

AA


137/349

A

In General.

Joint Works.

Anonymous Works, Pseudonymous Works, and Works Made forHire.

Records Relating to Death of Authors.


138/349

Presumption as to Authors Death.

Copyrights in Their First Term on January 1, 1978.


139/349


140/349

Copyrights in Their Renewal Term at the Time of the Effec-tive Date of the Sonny Bono Copyright Term Extension Act

Termination of Transfers and Licenses Covering ExtendedRenewal Term.


141/349


142/349


143/349

Termination Rights Provided in Subsection (c) Which Have

Expired on or before the Effective Date of the Sonny Bono Copy-right Term Extension Act.


144/349


145/349


146/349


147/349

sec t ion page


148/349

General Provisions.

Form of Notice.

Position of Notice.

Evidentiary Weight of Notice.

General Provisions.

Form of Notice.


149/349

Position of Notice.

Evidentiary Weight of Notice.


150/349

Effect of Omission on Copyright.

Effect of Omission on Innocent Infringers.

Removal of Notice.


151/349

Error in Name.

Error in Date.

Omission of Name or Date.


152/349


153/349

Registration Permissive.

Deposit for Copyright Registration.


154/349

Administrative Classification and Optional Deposit


155/349

Corrections and Amplifications.

Published Edition of Previously Registered Work.

Preregistration of Works Being Prepared for Commercial

Distribution.Rulemaking.

Class of works.

Application for registration.

Effect of untimely application.


156/349


157/349

A


158/349

A


159/349


160/349


161/349

sec t ion page


162/349

A

A


163/349


164/349


165/349


166/349

Criminal Infringement.In general.

Evidence.

Definition.


167/349

Forfeiture, Destruction, and Restitution.

Fraudulent Copyright Notice.

Fraudulent Removal of Copyright Notice.

False Representation.

Rights of Attribution and Integrity.A

Criminal Proceedings.

Civil Actions.


168/349

In General.


169/349

Remedies.

Transitory Digital Network Communications.

System Caching.Limitation on liability.


170/349

Conditions.


171/349

Information Residing on Systems or Networks at Direction

of Users. In general.

Designated agent.


172/349

Elements of notification.


173/349

Information Location Tools.

Limitation on Liability of Nonprofit Educational Institutions.


174/349

Misrepresentations.

Replacement of Removed or Disabled Material and Limitationon Other Liability.

No liability for taking down generally.

Exception.


175/349

Contents of counter notification.

Limitation on other liability.

Subpoena to Identify Infringer.Request.

Contents of request.


176/349

Contents of subpoena.

Basis for granting subpoena.

Actions of service provider receiving subpoena.

Rules applicable to subpoena.

Conditions for Eligibility.Accommodation of technology.

Definition.


177/349

Injunctions.

Scope of relief.

Considerations.


178/349


179/349


180/349


181/349


182/349


183/349

sec t ion page


184/349


185/349


186/349


187/349

Import Prohibition.


188/349


189/349

sec t ion page


190/349


191/349

GS


192/349


193/349

Catalog of Copyright Entries.

Other Publications.

Distribution of Publications.

Fees.


194/349

Adjustment of Fees.


195/349


196/349


197/349

sec t ion page


198/349

Appointment.

Functions.


199/349


200/349


201/349

Rulings.

Administrative Support.

Location in Library of Congress.

Effective Date of Actions

Qualifications of Copyright Royalty Judges.In general.


202/349

Definition.

Staff.

Terms.

Vacancies or Incapacity.Vacancies.

Incapacity.

Compensation.Judges.AL

Staff members.

GS


203/349

GS

GS

GS

GS

Locality pay.

Independence of Copyright Royalty Judge.In making determinations.

In general.

Novel questions.


204/349

Consultation.

Review of legal conclusions by the register of copy-rights.


205/349

Effect on judicial review.

Performance appraisals.In general.

Relating to sanction or removal.

Inconsistent Duties Barred.

Standards of Conduct.

Removal or Sanction.


206/349

Proceedings.In general.

Judges acting as panel and individually.

Determinations.

Procedures.Initiation.

Call for petitions to participate.


207/349

Petitions to participate.

Participation in general.


208/349

Voluntary negotiation period.Commencement of proceedings.

Rate adjustment proceeding.

Distribution proceeding.

Length of proceedings.

Determination of subsequent proceedings .

Small claims procedure in distribution proceedings.In general.

Bad faith inflation of claim.

Paper proceedings.


209/349

Regulations.In general.

Interim regulations.

Requirements.


210/349


211/349


212/349

Determination of Copyright Royalty Judges.Timing.

Rehearings.In general.

Timing for filing motion.

Participation by opposing party not required.

No negative inference.

Continuity of rates and terms.


213/349

Contents of determination.

Continuing jurisdiction.

Protective order.

Publication of determination.

Late payment.


214/349

Judicial Review.Appeal.

Effect of rates.Expiration on specified date.

Other cases.


215/349

Obligation to make payments.

Jurisdiction of court.

Administrative Matters.Deduction of costs of Library of Congress and Copyright

Office from filing fees.Deduction from filing fees.


216/349

Authorization of appropriations.

Positions required for administration of compulsory li-censing.

Filing of Petition.

Timing of Proceedings.Section 111 proceedings


217/349

Certain section 112 proceedings.

Section 114 and corresponding 112 proceedings.For eligible nonsubscription services and new subscrip-

tion services.

For preexisting subscription and satellite digital audioradio services.


218/349

Section 115 proceedings.



219/349

Section 118 proceedings .


Proceedings concerning distribution of royalty fees.


220/349


221/349


222/349


223/349


224/349


225/349


226/349


227/349


228/349


229/349


230/349


231/349


232/349


233/349


234/349


235/349


236/349


237/349


238/349

Prohibition on Importation, Manufacture, and Distribution.

Development of Verification Procedure.

Prohibition on Circumvention of the System.


239/349

Encoding of Information on Digital Musical Recordings.Prohibition on encoding inaccurate information.

Encoding of copyright status not required.

Information Accompanying Transmission in Digital Format.

Prohibition on Importation and Manufacture.

Filing of Notice.

Filing of Quarterly and Annual Statements of Account.Generally.


240/349

Certification, verification, and confidentiality.

Royalty payments.

Digital Audio Recording Devices.Amount of payment.

Calculation for devices distributed with other devices.


241/349

Limits on royalties.

Digital Audio Recording Media.

Interested Copyright Parties.


242/349

Allocation of Royalty Payments to Groups.

The sound recordings fund.

The Musical Works Fund.

Allocation of Royalty Payments Within Groups.


243/349

Filing of Claims and Negotiations.Filing of claims.

Negotiations.

Distribution of Payments in the Absence of a Dispute.

Resolution of Disputes.


244/349

Civil Actions.

Other Civil Actions.

Powers of the Court.

Award of Damages.

Damages for section 1002 or 1003 violations.Actual damages.


245/349

Statutory damages for section 1002 violations.Device.

Digital musical recording.

Transmission.

Repeated violations.

Innocent violations of section 1002.

Payment of Damages.

Impounding of Articles.


246/349

Remedial Modification and Destruction of Articles.

Scope of Determination.

Initiation of Proceedings.

Stay of Judicial Proceedings.

Proceeding.

Judicial Review.


247/349


248/349

sec t ion page


249/349


250/349


251/349

sec t ion page


252/349

Violations Regarding Circumvention of Technological Mea-sures.


253/349

Additional Violations.


254/349

Other Rights, Etc., Not Affected.

Exemption for Nonprofit Libraries, Archives, and Education-

al Institutions.


255/349

Law Enforcement, Intelligence, and Other GovernmentActivities.

Reverse Engineering.


256/349

Encryption Research.Definitions.

Permissible acts of encryption research.

Factors in determining exemption.

Use of technological means for research activities.


257/349

Report to Congress.

Exceptions Regarding Minors.

Protection of Personally Identifying Information.Circumvention permitted.


258/349


259/349


260/349

Certain encoding restrictions.

Inapplicability.

Definitions.


261/349


262/349

Definition.

Law Enforcement, Intelligence, and Other Government Ac-tivities.

Limitations on Liability.Analog transmissions.


263/349

Digital transmissions.

Definitions.

U.S.C.

U.S.C.


264/349

Civil Actions .

Powers of the Court.

Award of Damages.In general.

Actual damages.

Statutory damages.


265/349

Repeated violations.

Innocent violations.In general.

Nonprofit library, archives, educational institutions, orpublic broadcasting entities.

Definition.

In general.

In General.

Limitation for Nonprofit Library, Archives, Educational Insti-t ution, or Public Broadcasting Entity.

Statute of Limitations.


266/349


267/349

sec t ion page


268/349

Designs Protected.In general.

Vessel features.

Exceptions

Definitions.


269/349


270/349

In General.

Expiration.

Termination of Rights.

Contents of Design Notice.

Location of Notice.

Subsequent Removal of Notice.


271/349


272/349

Acts without Knowledge.

Acts in Ordinary Course of Business.

Infringing Article Defined.

Establishing Originality.

Reproduction for Teaching or Analysis.

Time Limit for Application for Registration.


273/349


274/349

Pictorial Representation of Design.

Design in More than One Useful Article.

Application for More than One Design.

In General.


275/349

Written Declaration in Lieu of Oath.

Determination of Registrability of Design; Registration.

Refusal to Register; Reconsideration.

Application to Cancel Registration.


276/349

Publications of the Administrator.

File of Representatives of Registered Designs.


277/349

Property Right in Design.

Transfer of Property Right.


278/349

Oath or Acknowledgment of Transfer.

Recordation of Transfer.

In General.

Review of Refusal to Register.

Administrator as Party to Action.

Use of Arbitration to Resolve Dispute.


279/349

In General.

Damages for Injunctive Relief Wrongfully Obtained.

Damages.

Infringers Profits.

Statute of Limitations.

Attorneys Fees.


280/349

Disposition of Infringing and Other Articles.

In General.

Suit by Private Persons.


281/349

Regulations.

Seizure and Forfeiture.


282/349


283/349

appendix page

transitional and related statutory provisions

a 271

b 275

c 281

d 284

e 286

f 288

related united states co de provis ionsg 308

308

311

313

314

315

h 320

320

320

321


284/349

i 324

324

related international provisions

j 325

k 327

l 334

m 336


285/349


286/349

U.S.C.

Sec. 106.

Sec. 107.

Sec. 108.

Sec. 109.

Sec. 110.


287/349

Sec. 111.

Sec. 112.

Sec. 113.


288/349

Sec. 114.

Sec. 115.


289/349

WIPO

In General.

Amendments Relating to Certain International Agreements.WIPO

A

A

WIPO

A


290/349

A

Compensation.

Scope of Exclusive Rights in Sound Recordings.


291/349

Scope of Section 112(a) of Title 17 Not Affected.

In General. VI

Assumption of Obligations.


292/349

Scope of Exclusion of Transfers of Public Performance Rights.


293/349

Exclusion for Grants of Security Interests.

Deferral Pending Resolution of Bona Fide Dispute.

Scope of Obligations Determined by Private Agreement.

Failure to Notify.

Determination of Disputes and Claims.

Study.


294/349


295/349

Effective Date.

Transition Provisions.

In general.


296/349

Certain royalty rate proceedings.

Pending proceedings.

U.S.C.

U.S.C.

Interim proceedings.


297/349

Existing Appropriations.


298/349

Short Titles.

In General.U.S.C.

Extension for Certain Subscribers.


299/349


300/349

Chapters 5 and 12 of Title 17; Electronic Transmissions.

Fair Use.


301/349

Free Speech and Press.

Discretion of Courts in Determining Relief.

Discretion of Courts in Determining Terms of Imprisonment.


302/349

Short Title.

Protective Order for Seized Records.


303/349

In General


304/349

Whoever Offense

In general.

Serious bodily harm or death.Serious bodily harm.

Death

Transshipment and Exportation.

Forfeiture and Destruction of Property; Restitution.


Technical and Conforming Amendment.


305/349

Intellectual Property Enforcement Coordinator.

Duties ofIn general


306/349

Limitation on authority.

Advisory committeeEstablishment.

Functions.


307/349

Purpose.


308/349

Timing.

Responsibility of the

Responsibilities of Other Departments and Agencies.

Contents of the Joint Strategic Plan.


309/349

Enhancing Enforcement Efforts of Foreign Governments.


310/349

Dissemination of the Joint Strategic Plan.

Annual Report.

Contents.


311/349

Transition From NIPLECC to IPEC.Repeal of niplecc.

Continuity of performance of duties.

Current Authorities Not Affected.

Rules of Construction.


312/349

In General.

Authorization.

Grants.

Use of ip-tic grant amounts.


313/349

Eligibility

Matching funds.

Authorization of appropriations.Authorization.

Limitation.

In General.


314/349

Organized Crime Plan.

Authorization.

Additional Funding for Resources.

Authorization.


315/349

Availability.

Use of Additional Funding.

Report of the Attorney General.


316/349


317/349

Initial Report of the Attorney General.


318/349

Report of the FBI.

Initial Report of the FBI.


319/349

Study.

Contents.


320/349

Report.


321/349


322/349


323/349



324/349

Civil Remedies.In general.

Discretion of court.

Actual damages and profits.

In general.

Calculation of damages.

Definition.


325/349

Statutory damages.

Subsequent violation.

Limitation on actions.


326/349


327/349

Offense.


Seizure and Forfeiture.

Victim Impact Statement.


328/349

Definitions.

Applicability.

Offense.


Authorized Activities.

Immunity for Theaters.


329/349

Victim Impact Statement.In general.

Contents.

State Law Not Preempted.

Definitions.Title 17 definitions.

Audiovisual recording device.

Civil Forfeiture.Property subject to forfeiture.


330/349

Procedures.

Criminal Forfeiture.

Property subject to forfeiture.

Procedures.In general.

Destruction.


331/349

Restitution.


332/349


333/349


334/349


335/349


336/349


337/349


338/349


339/349

Short Title.

References to Title 17, United States Code.

Relationship with Domestic Law.

Certain Rights Not Affected.


340/349

Effective Date.

Effect on Pending Cases.


341/349

Short Title

GATT GATT

GATT GATT

WTO

GATT GATT

WTO

HTS HTS

International trade commission.

Multilateral trade agreement.

Schedule XX . XX XXGATT

Trade representative.

Uruguay round agreements.

World trade organization and WTO.WTO

WTO


342/349

WTO agreement. WTO

WTO member and WTO member country. WTOWTOXII WTO

WTO

Approval of Agreements and Statement of AdministrativeAction.

U.S.C. U.S.C.

Entry into Force.

XIV WTO

VIII WTOAuthorization of Appropriations.

WTO

Trade Agreements to Which This Act Applies.WTO


343/349

VI

VII

Relationship of Agreements to United States Law.United States law to prevail in conflict.

Construction.

Relationship of Agreements to State Law.Federal State Consultation.

In General.

U.S.C.

Federal State Consultation Process.


344/349

U.S.C.

(C) Federal State Cooperation in WTO Dispute Settlement.WTO

WTO

WTO


345/349

Notice to States Regarding Consultations on Foreign

Subcentral Government Laws.

WTO

Legal Challenge.In General.

Procedures Governing Action.


346/349

Reports to Congressional Committees.

Definition of State Law.

Effect of Agreement with Respect to Private Remedies.Limitations.

Intent of Congress.


347/349

Statement of Administrative Action.

Implementing Actions.

Regulations.


348/349


349/349

copyright law 2009

Documents