A	>>	B	>>	C	>>	D	>>	E
F	>>	G	>>	H	>>	I	>>	J
K	>>	L	>>	M	>>	N	>>	O
P	>>	R	>>		S	>>		T
U	>>		V			>>		W

Gilbert Parker - "No Defense, Volume 1."

Ensign Robert L. Drake - "The Boy Allies Under Two Flags"

William M. Thayer - "From Boyhood to Manhood"

Georg Ebers - "An Egyptian Princess, Volume 6."

Copyright Law of the United States of America

T >> The US Copyright Office >> Copyright Law of the United States of America



Prepared by George Davis.

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,
*United States Code*, and adding a new Sec. 104A), enacted December 8,
1993.

+ Copyright Royalty Tribunal Reform Act of 1993, Pub. L. No. 103-198,
107 Stat. 2304 (amending, *inter alia*, chapter 8, title 17, *United
States Code*), enacted December 17, 1993.

+ Satellite Home Viewer Act of 1994, Pub. L. No. 103-369, 108 Stat.
3477 (amending, *inter alia*, Sec. 111 and Sec. 119, title 17, *United
States Code*, relating to the definition of a local service area of a
primary transmitter), enacted October 18, 1994.

+ Uruguay Round Agreements Act, Pub. L. No. 103-465, 108 Stat. 4809,
4973 (amending, *inter alia*, Sec. 104A, title 17, *United States Code*,
and adding a new chapter 11), enacted December 8, 1994. (See the
Appendix for the text of certain provisions of this Act that do not
amend title 17 of the *United States Code.*)

+ Digital Performance Right in Sound Recordings Act of 1995, Pub. L.
No. 104-39, 109 Stat. 336 (amending, *inter alia*, Sec. 114 and Sec. 115,
title 17, *United States Code*), enacted November 1, 1995.

+ Anticounterfeiting Consumer Protection Act of 1996, Pub. L. No.
104-153, 110 Stat. 1386, 1388 (amending Sec. 603(c), title 17, *United
States Code* and Sec. 2318, title 18, *United States Code*), enacted
July 2, 1996.

+ Legislative Branch Appropriations Act, 1997, Pub. L. No. 104-197,
110 Stat. 2394, 2416 (amending*, inter alia*, title 17 of the *United
States Code*, by adding a new Sec. 121 concerning the limitation on
exclusive copyrights for literary works in specialized format for the
blind and disabled), enacted September 16, 1996.

+ [Copyright Amendments and Amendments to the Semiconductor Chip
Protection Act of 1984], Pub. L. No. 105-80, 111 Stat. 1529 (making
technical amendments to certain provisions of title 17, *United States
Code*), enacted November 13, 1997.

+ No Electronic Theft (NET) Act, Pub. L. No. 105-147, 111 Stat. 2678,
enacted December 16, 1997.

+ Sonny Bono Copyright Term Extension Act, title I of Pub. L. No.
105-298, 112 Stat. 2827 (amending chapter 3, title 17, *United States
Code*, to extend the term of copyright protection for most works to life
plus 70 years), enacted October 27, 1998.

+ Fairness in Music Licensing Act of 1998, title II of Pub. L. No.
105-298, 112 Stat. 2827, 2830 (amending, *inter alia*, Sec. 110, title 17,
*United States Code*, and adding Sec. 513 to provide a music licensing
exemption for food service and drinking establishments), enacted October
27, 1998.

+ Digital Millennium Copyright Act, Pub. L. No. 105-304, 112 Stat.
2860, 2887 (title IV amending Sec. 108, 112, 114, chapter 7 and chapter
8, title 17, *United States Code*), enacted October 28, 1998. (This Act
also contains four separate acts within titles I, II, III and V that
amended title 17 of the *United States Code.* These four acts are each
separately listed below. See the Appendix for additional provisions of
this Act that do not amend title 17 of the *United States Code.*)

+ WIPO Copyright and Performances and Phonograms Treaties
Implementation Act of 1998, title I of the Digital Millennium Copyright
Act, Pub. L. No. 105-304, 112 Stat. 2860, 2861 (amending title 17 of the
*United States Code*, *inter alia*, to add a new chapter 12 which
prohibits circumvention of copyright protection systems and provides
protection for copyright management information), enacted October 28,
1998.

+ Online Copyright Infringement Liability Limitation Act, title II of
the Digital Millennium Copyright Act, Pub. L. No. 105-304, 112 Stat.
2860, 2877 (amending title 17 of the *United States Code*, to add a new
Sec. 512), enacted October 28, 1998.

+ Computer Maintenance Competition Assurance Act, title III of the
Digital Millennium Copyright Act, Pub. L. No. 105-304, 112 Stat. 2860,
2886 (amending Sec. 117, title 17, *United States Code*), enacted October
28, 1998.

+ Vessel Hull Design Protection Act, title V of the Digital Millennium
Copyright Act, Pub. L. No. 105-304, 112 Stat. 2860, 2905 (adding chapter
13, title 17, *United States Code*, to provide design protection for
vessel hulls), enacted October 28, 1998.

+ [Copyright Amendments and Amendments to the Vessel Hull Design
Protection Act], Pub. L. No. 106-44, 113 Stat. 221 (making technical
corrections to title 17 of the *United States Code*), enacted August 5,
1999.

+ Satellite Home Viewer Improvement Act of 1999, title I of the
Intellectual Property and Communications Omnibus Reform Act of 1999,
Pub. L. No. 106-113, 113 Stat. 1501, app. I (amending chapters 1 and 5
of title 17 of the *United States Code* to replace the Satellite Home
Viewer Act of 1994 and amending chapters 12 and 13 of title 17), enacted
November 29, 1999.

+ Digital Theft Deterrence and Copyright Damages Improvement Act of
1999, Pub. L. No. 106-160, 113 Stat 1774, (amending chapter 5 of title
17 of the *United States Code* to increase statutory damages for
copyright infringement), enacted December 9, 1999.

+ Work Made for Hire and Copyright Corrections Act of 2000, Pub. L.
No. 106-379, 114 Stat. 1444 (amending the definition of work made for
hire in title 17 of the *United States Code*, amending chapter 7 of
title 17, including changing the language regarding Copyright Office
fees, and making other technical and conforming amendments to title 17),
enacted October 27, 2000.

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

Chapter 1

Subject Matter and Scope of Copyright

+ 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
+ 117. Limitations on exclusive rights: Computer programs [1]
+ 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 market


Section 101. Definitions [2]

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. [3]

"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. [4]

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.

"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. [5]

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
services in which the majority of the gross square feet of space that is
nonresidential is used for that purpose, and in which nondramatic
musical works are performed publicly. [6]

A "food service or drinking establishment" is a restaurant, inn, bar,
tavern, or any other similar place of business in which the public or
patrons assemble for the primary purpose of being served food or drink,
in which the majority of the gross square feet of space that is
nonresidential is used for that purpose, and in which nondramatic
musical works are performed publicly. [7]

The term "financial gain" includes receipt, or expectation of receipt,
of anything of value, including the receipt of other copyrighted works.
[8]

A work is "fixed" in a tangible medium of expression when its embodiment
in a copy or phonorecord, by or under the authority of the author, is
sufficiently permanent or stable to permit it to be perceived,
reproduced, or otherwise communicated for a period of more than
transitory duration. A work consisting of sounds, images, or both, that
are being transmitted, is "fixed" for purposes of this title if a
fixation of the work is being made simultaneously with its transmission.

The "Geneva Phonograms Convention" is the Convention for the Protection
of Producers of Phonograms Against Unauthorized Duplication of Their
Phonograms, concluded at Geneva, Switzerland, on October 29, 1971. [9]

The "gross square feet of space" of an establishment means the entire
interior space of that establishment, and any adjoining outdoor space
used to serve patrons, whether on a seasonal basis or otherwise. [10]

The terms "including" and "such as" are illustrative and not limitative.

An "international agreement" is-

(1) the Universal Copyright Convention;
(2) the Geneva Phonograms Convention;
(3) the Berne Convention;
(4) the WTO Agreement;
(5) the WIPO Copyright Treaty; [11]
(6) the WIPO Performances and Phonograms Treaty; [12] and
(7) any other copyright treaty to which the United States is a party. [13]

A "joint work" is a work prepared by two or more authors with the
intention that their contributions be merged into inseparable or
interdependent parts of a unitary whole.

"Literary works" are works, other than audiovisual works, expressed in
words, numbers, or other verbal or numerical symbols or indicia,
regardless of the nature of the material objects, such as books,
periodicals, manuscripts, phonorecords, film, tapes, disks, or cards, in
which they are embodied.

"Motion pictures" are audiovisual works consisting of a series of
related images which, when shown in succession, impart an impression of
motion, together with accompanying sounds, if any.

To "perform" a work means to recite, render, play, dance, or act it,
either directly or by means of any device or process or, in the case of
a motion picture or other audiovisual work, to show its images in any
sequence or to make the sounds accompanying it audible.

A "performing rights society" is an association, corporation, or other
entity that licenses the public performance of nondramatic musical works
on behalf of copyright owners of such works, such as the American
Society of Composers, Authors and Publishers (ASCAP), Broadcast Music,
Inc. (BMI), and SESAC, Inc. [14]

"Phonorecords" are material objects in which sounds, other than those
accompanying a motion picture or other audiovisual work, are fixed by
any method now known or later developed, and from which the sounds can
be perceived, reproduced, or otherwise communicated, either directly or
with the aid of a machine or device. The term "phonorecords" includes
the material object in which the sounds are first fixed.

"Pictorial, graphic, and sculptural works" include two-dimensional and
three-dimensional works of fine, graphic, and applied art, photographs,
prints and art reproductions, maps, globes, charts, diagrams, models,
and technical drawings, including architectural plans. Such works shall
include works of artistic craftsmanship insofar as their form but not
their mechanical or utilitarian aspects are concerned; the design of a
useful article, as defined in this section, shall be considered a
pictorial, graphic, or sculptural work only if, and only to the extent
that, such design incorporates pictorial, graphic, or sculptural
features that can be identified separately from, and are capable of
existing independently of, the utilitarian aspects of the article. [15]

Books of The Times: The Days of Their Lives: Lesbians Star in Funny Pages
This anthology of Alison Bechdel’s weekly comic strip follows an articulate group of lesbians through more than 20 years of daily life, with plenty of sex and politics along the way.

Houghton Mifflin Publisher Resigns
Becky Saletan, publisher of the adult trade division, will leave next week in a sign of further unraveling at the publisher.

Books of The Times: It’s Still Making the World Go ’Round
Niall Ferguson’s latest book, “The Ascent of Money: A Financial History of the World,” went to press in May 2008, but it shrewdly anticipates many aspects of the current financial crisis.