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-CITE- 17 USC TITLE 17 - COPYRIGHTS 01/19/04 -EXPCITE- TITLE 17 - COPYRIGHTS TITLE 17 - COPYRIGHTS -MISC1- THIS TITLE WAS ENACTED BY ACT JULY 30, 1947, CH. 391, 61 STAT. 652, AND WAS REVISED IN ITS ENTIRETY BY PUB. L. 94-553, TITLE I, SEC. 101, OCT. 19, 1976, 90 STAT. 2541 Chap. Sec. 1. Subject Matter and Scope of Copyright 101 2. Copyright Ownership and Transfer 201 3. Duration of Copyright 301 4. Copyright Notice, Deposit, and Registration 401 5. Copyright Infringement and Remedies 501 6. Manufacturing Requirements and Importation 601 7. Copyright Office 701 8. Copyright Arbitration Royalty Panels 801 9. Protection of Semiconductor Chip Products 901 10. Digital Audio Recording Devices and Media 1001 11. Sound Recordings and Music Videos 1101 12. Copyright Protection and Management Systems 1201 13. Protection of Original Designs 1301 AMENDMENTS 1998 - Pub. L. 105-304, title I, Sec. 103(b), title V, Sec. 503(a), Oct. 28, 1998, 112 Stat. 2876, 2916, added items relating to chapters 12 and 13. 1997 - Pub. L. 105-80, Sec. 12(a)(1), Nov. 13, 1997, 111 Stat. 1534, substituted "Requirements" for "Requirement" in item relating to chapter 6, "Arbitration Royalty Panels" for "Royalty Tribunal" in item relating to chapter 8, and "Semiconductor Chip Products" for "semiconductor chip products" in item relating to chapter 9, and added item relating to chapter 10. 1994 - Pub. L. 103-465, title V, Sec. 512(b), Dec. 8, 1994, 108 Stat. 4974, added item relating to chapter 11. 1984 - Pub. L. 98-620, title III, Sec. 303, Nov. 8, 1984, 98 Stat. 3356, added item relating to chapter 9. TABLE I THIS TABLE LISTS THE SECTIONS OF FORMER TITLE 17, COPYRIGHTS, AND INDICATES THE SECTIONS OF TITLE 17, AS ENACTED IN 1947, WHICH COVERED SIMILAR AND RELATED SUBJECT MATTER. -------------------------------------------------------------------- Title 17 Title 17 Former Sections 1947 Revision Sections -------------------------------------------------------------------- 1 1 2 2 3 3 4 4 5 5 6 7 7 8 8 9 9 10 10 11 11 12 12 13 13 14 14 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 Rep. 25 101 26 102 27 103 28 104 29 105 30 106 31 107 32 108 33 109 34 110 35 111 36 112 37 113 38 114 39 115 40 116 41 27 42 28 43 29 44 30 45 31 46 32 47 201 48 202 49 203 50 204 51 205 52 206 53 207 54 208 55 209 56 210 57 211 58 212 59 213 60 214 61 215 62 26 63 6 64 6 65 25 -------------------------------------------------------------------- TABLE II THIS TABLE LISTS THE SECTIONS OF FORMER TITLE 17, COPYRIGHTS, AND INDICATES THE SECTIONS OF TITLE 17, AS REVISED IN 1976, WHICH COVER SIMILAR AND RELATED SUBJECT MATTER. -------------------------------------------------------------------- Title 17 Title 17 1947 Revision Sections New Sections -------------------------------------------------------------------- 1 106, 116 2 301 3 102, 103 4 102 5 102 6 102 7 103 8 104, 105, 303 9 104 10 401 11 410 12 408 13 407, 411 14 407 15 407 16 601 17 407 18 407, 506 19 401 20 401, 402 21 405 22 601 23 601 24 203, 301 et seq. 25 301 et seq. 26 101 27 109, 202 28 201, 204 29 204 30 205 31 205 32 201 101 412, 501-504 102 Rep. See T. 28 Sec. 1338 103 Rep. See F.R. Civ. Proc. 104 110, 506 105 506 106 602 107 602 108 603 109 603 110 Rep. See T. 28 Sec. 1338 111 Rep. See T. 28 Sec. 1400 112 502 113 502 114 502 115 507 116 505 201 701(a) 202 701(a) 203 708(c) 204 Rep. 205 701(c) 206 701(b) 207 702 208 705 209 407, 410 210 707 211 707 212 705 213 704 214 704 215 708(a), (b) 216 703 -------------------------------------------------------------------- PRIOR PROVISIONS Title 17, as enacted by act July 30, 1947, ch. 391, 61 Stat. 652, consisting of sections 1 to 32, 101 to 116, and 201 to 216, as amended through 1976, and section 203, as amended by Pub. L. 95-94, title IV, Sec. 406(a), Aug. 5, 1977, 91 Stat. 682, terminated Jan. 1, 1978. EFFECTIVE DATE Section 102 of Pub. L. 94-553, Oct. 19, 1976, 90 Stat. 2598, provided that: "This Act [enacting this title and section 170 of Title 2, The Congress, amending section 131 of Title 2, section 290e of Title 15, Commerce and Trade, section 2318 of Title 18, Crimes and Criminal Procedure, section 543 of Title 26, Internal Revenue Code, section 1498 of Title 28, Judiciary and Judicial Procedure, sections 3203 and 3206 of Title 39, Postal Service, and sections 505 and 2117 of Title 44, Public Printing and Documents, and enacting provisions set out as notes below and under sections 104, 115, 304, 401, 407, 410, and 501 of this title] 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 [Oct. 19, 1976]." SEPARABILITY Section 115 of Pub. L. 94-553, Oct. 19, 1976, 90 Stat. 2602, provided that: "If any provision of title 17 [this title], as amended by the first section of this Act, is declared unconstitutional, the validity of the remainder of this title is not affected." AUTHORIZATION OF APPROPRIATIONS Section 114 of Pub. L. 94-553, Oct. 19, 1976, 90 Stat. 2602, provided that: "There are hereby authorized to be appropriated such funds as may be necessary to carry out the purposes of this Act [this title]." LOST AND EXPIRED COPYRIGHTS; RECORDING RIGHTS Section 103 of Pub. L. 94-553, Oct. 19, 1976, 90 Stat. 2599, provided that: "This Act [enacting this title] 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." -SECREF- TITLE REFERRED TO IN OTHER SECTIONS This title is referred to in title 2 sections 179p, 1704, 1711; title 11 section 101; title 15 section 1129; title 18 sections 2319, 2319A; title 19 section 1337; title 20 section 9582; title 26 section 543; title 47 sections 542, 544, 605. -End- -CITE- 17 USC CHAPTER 1 - SUBJECT MATTER AND SCOPE OF COPYRIGHT 01/19/04 -EXPCITE- TITLE 17 - COPYRIGHTS CHAPTER 1 - SUBJECT MATTER AND SCOPE OF COPYRIGHT -HEAD- CHAPTER 1 - SUBJECT MATTER AND SCOPE OF COPYRIGHT -MISC1- Sec. 101. Definitions. 102. Subject matter of copyright: In general. 103. Subject matter of copyright: Compilations and derivative works. 104. Subject matter of copyright: National origin. 104A. Copyright in restored works. 105. Subject matter of copyright: United States Government works. 106. Exclusive rights in copyrighted works. 106A. Rights of certain authors to attribution and integrity. 107. Limitations on exclusive rights: Fair use. 108. Limitations on exclusive rights: Reproduction by libraries and archives. 109. Limitations on exclusive rights: Effect of transfer of particular copy or phonorecord. 110. Limitations on exclusive rights: Exemption of certain performances and displays. 111. Limitations on exclusive rights: Secondary transmissions. 112. Limitations on exclusive rights: Ephemeral recordings. 113. Scope of exclusive rights in pictorial, graphic, and sculptural works. 114. Scope of exclusive rights in sound recordings. 115. Scope of exclusive rights in nondramatic musical works: Compulsory license for making and distributing phonorecords. 116. Negotiated licenses for public performances by means of coin-operated phonorecord players. [116A. Renumbered.] 117. Limitations on exclusive rights: Computer programs. 118. Scope of exclusive rights: Use of certain works in connection with noncommercial broadcasting. 119. Limitations on exclusive rights: Secondary transmissions of superstations and network stations for private home viewing. 120. Scope of exclusive rights in architectural works. 121. Limitations on exclusive rights: Reproduction for blind or other people with disabilities. 122. Limitations on exclusive rights: Secondary transmissions by satellite carriers within local markets. AMENDMENTS 2002 - Pub. L. 107-273, div. C, title III, Sec. 13210(2)(B), (3)(B), Nov. 2, 2002, 116 Stat. 1909, substituted "Reproduction" for "reproduction" in item 121 and "Limitations on exclusive rights: Secondary transmissions by satellite carriers within local markets" for "Limitations on exclusive rights; secondary transmissions by satellite carriers within local market" in item 122. 1999 - Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title I, Sec. 1002(c)], Nov. 29, 1999, 113 Stat. 1536, 1501A-527, added item 122. 1997 - Pub. L. 105-80, Sec. 12(a)(2), Nov. 13, 1997, 111 Stat. 1534, substituted "Limitations on exclusive rights: Computer programs" for "Scope of exclusive rights: Use in conjunction with computers and similar information systems" in item 117. 1996 - Pub. L. 104-197, title III, Sec. 316(b), Sept. 16, 1996, 110 Stat. 2417, added item 121. 1994 - Pub. L. 103-465, title V, Sec. 514(c), Dec. 8, 1994, 108 Stat. 4981, substituted "Copyright in restored works" for "Copyright in certain motion pictures" in item 104A. 1993 - Pub. L. 103-198, Sec. 3(a), (b)(2), Dec. 17, 1993, 107 Stat. 2309, renumbered item 116A as 116 and struck out former item 116 "Scope of exclusive rights in nondramatic musical works: Compulsory licenses for public performances by means of coin-operated phonorecord players." Pub. L. 103-182, title III, Sec. 334(b), Dec. 8, 1993, 107 Stat. 2115, added item 104A. 1990 - Pub. L. 101-650, title VI, Sec. 603(b), title VII, Sec. 704(b)(1), Dec. 1, 1990, 104 Stat. 5130, 5134, added items 106A and 120. 1988 - Pub. L. 100-667, title II, Sec. 202(6), Nov. 16, 1988, 102 Stat. 3958, added item 119. Pub. L. 100-568, Sec. 4(b)(2), Oct. 31, 1988, 102 Stat. 2857, substituted "Compulsory licenses for public performances" for "Public performances" in item 116 and added item 116A. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 912 of this title. -End- -CITE- 17 USC Sec. 101 01/19/04 -EXPCITE- TITLE 17 - COPYRIGHTS CHAPTER 1 - SUBJECT MATTER AND SCOPE OF COPYRIGHT -HEAD- Sec. 101. Definitions -STATUTE- Except as otherwise provided in this title, as used in this title, the following terms and their variant forms mean the following: An "anonymous work" is a work on the copies or phonorecords of which no natural person is identified as author. An "architectural work" is the design of a building as embodied in any tangible medium of expression, including a building, architectural plans, or drawings. The work includes the overall form as well as the arrangement and composition of spaces and elements in the design, but does not include individual standard features. "Audiovisual works" are works that consist of a series of related images which are intrinsically intended to be shown by the use of machines, or devices such as projectors, viewers, or electronic equipment, together with accompanying sounds, if any, regardless of the nature of the material objects, such as films or tapes, in which the works are embodied. The "Berne Convention" is 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. The "best edition" of a work is the edition, published in the United States at any time before the date of deposit, that the Library of Congress determines to be most suitable for its purposes. A person's "children" are that person's immediate offspring, whether legitimate or not, and any children legally adopted by that person. A "collective work" is a work, such as a periodical issue, anthology, or encyclopedia, in which a number of contributions, constituting separate and independent works in themselves, are assembled into a collective whole. A "compilation" is a work formed by the collection and assembling of preexisting materials or of data that are selected, coordinated, or arranged in such a way that the resulting work as a whole constitutes an original work of authorship. The term "compilation" includes collective works. A "computer program" is a set of statements or instructions to be used directly or indirectly in a computer in order to bring about a certain result. "Copies" are material objects, other than phonorecords, in which a work is fixed by any method now known or later developed, and from which the work can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. The term "copies" includes the material object, other than a phonorecord, in which the work is first fixed. "Copyright owner", with respect to any one of the exclusive rights comprised in a copyright, refers to the owner of that particular right. A work is "created" when it is fixed in a copy or phonorecord for the first time; where a work is prepared over a period of time, the portion of it that has been fixed at any particular time constitutes the work as of that time, and where the work has been prepared in different versions, each version constitutes a separate work. A "derivative work" is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship, is a "derivative work". A "device", "machine", or "process" is one now known or later developed. A "digital transmission" is a transmission in whole or in part in a digital or other non-analog format. To "display" a work means to show a copy of it, either directly or by means of a film, slide, television image, or any other device or process or, in the case of a motion picture or other audiovisual work, to show individual images nonsequentially. An "establishment" is a store, shop, or any similar place of business open to the general public for the primary purpose of selling goods or

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