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Copyright Law of the United States of America

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2 The Audio Home Recording Act of 1992 amended section 101 by inserting
"Except as otherwise provided in this title," at the beginning of the
first sentence. Pub. L. No. 102-563, 106 Stat. 4237, 4248.

The Berne Convention Implementation Act of 1988 amended section 101 by
adding a definition for "Berne Convention work." Pub. L. No. 100-568,
102 Stat. 2853, 2854. In 1990, the Architectural Works Copyright
Protection Act amended the definition of "Berne Convention work" by
adding paragraph (5). Pub. L. No. 101-650, 104 Stat. 5089, 5133. The
WIPO Copyright and Performances and Phonograms Treaties Implementation
Act of 1998 deleted the definition of "Berne Convention work" from
section 101. Pub. L. No. 105-304, 112 Stat. 2860, 2861. The definition
of "Berne Convention work," as deleted, is contained in part VI of the
Appendix.

3 In 1990, the Architectural Works Copyright Protection Act amended
section 101 by adding the definition for "architectural work." Pub. L.
No. 101-650, 104 Stat. 5089, 5133. That Act states that the definition
is applicable to "any architectural work that, on the date of the
enactment of this Act, is unconstructed and embodied in unpublished
plans or drawings, except that protection for such architectural work
under title 17, United States Code, by virtue of the amendments made by
this title, shall terminate on December 31, 2002, unless the work is
constructed by that date."

4 The Berne Convention Implementation Act of 1988 amended section 101
by adding the definition of "Berne Convention." Pub. L. No. 100-568, 102
Stat. 2853, 2854.

5 The Digital Performance Right in Sound Recordings Act of 1995 amended
section 101 by adding the definition of "digital transmission." Pub. L.
No.104-39, 109 Stat. 336, 348.

6 The Fairness in Music Licensing Act of 1998 amended section 101 by
adding the definition of "establishment." Pub. L. No. 105-298, 112 Stat.
2827, 2833.

7 The Fairness in Music Licensing Act of 1998 amended section 101 by
adding the definition of "food service or drinking establishment." Pub.
L. No. 105-298, 112 Stat. 2827, 2833.

8 In 1997, the No Electronic Theft (NET) Act amended section 101 by
adding the definition for "financial gain." Pub. L. No. 105-147, 111
Stat. 2678.

9 The WIPO Copyright and Performances and Phonograms Treaties
Implementation Act of 1998 amended section 101 by adding the definition
of "Geneva Phonograms Convention." Pub. L. No. 105-304, 112 Stat. 2860,
2861.

10 The Fairness in Music Licensing Act of 1998 amended section 101 by
adding the definition of "gross square feet of space." Pub. L. No.
105-298, 112 Stat. 2827, 2833.

11 The WIPO Copyright and Performances and Phonograms Treaties
Implementation Act of 1998 requires that paragraph (5) of the definition
of "international agreement" take effect upon entry into force of the
WIPO Copyright Treaty with respect to the United States. Pub. L. No.
105-304, 112 Stat. 2860, 2877.

12 The WIPO Copyright and Performances and Phonograms Treaties
Implementation Act of 1998 requires that paragraph (6) of the definition
of "international agreement" take effect upon entry into force of the
WIPO Performances and Phonograms Treaty with respect to the United
States. Pub. L. No. 105-304, 112 Stat. 2860, 2877.

13 The WIPO Copyright and Performances and Phonograms Treaties
Implementation Act of 1998 amended section 101 by adding the definition
of "international agreement." Pub. L. No. 105-304, 112 Stat. 2860, 2861.

14 The Fairness in Music Licensing Act of 1998 amended section 101 by
adding the definition of "performing rights society." Pub. L. No.
105-298, 112 Stat. 2827, 2833.

15 The Berne Convention Implementation Act of 1988 amended the
definition of "Pictorial, graphic, and sculptural works" by inserting
"diagrams, models, and technical drawings, including architectural
plans" in the first sentence, in lieu of "technical drawings, diagrams,
and models." Pub. L. No. 100-568, 102 Stat. 2853, 2854.

16 The Fairness in Music Licensing Act of 1998 amended section 101 by
adding the definition of "proprietor." Pub. L. No. 105-298, 112 Stat.
2827, 2833. In 1999, a technical amendment added the phrase "For
purposes of section 513,", to the beginning of the definition of
"proprietor." Pub. L. No. 106-44, 113 Stat. 221, 222.

17 The Copyright Renewal Act of 1992 amended section 101 by adding the
definition of "registration." Pub. L. No. 102-307, 106 Stat. 264, 266.

18 The WIPO Copyright and Performances and Phonograms Treaties
Implementation Act of 1998 amended section 101 by adding the definition
of "treaty party." Pub. L. No. 105-304, 112 Stat. 2860, 2861.

19 The Berne Convention Implementation Act of 1988 amended section 101
by adding the definition of "country of origin" of a Berne Convention
work, for purposes of section 411. Pub. L. No. 100-568, 102 Stat. 2853,
2854. The WIPO Copyright and Performances and Phonograms Treaties
Implementation Act of 1998 amended that definition by changing it to a
definition for "United States work," for purposes of section 411. Pub.
L. No. 105-304, 112 Stat. 2860, 2861. In 1999, a technical amendment
moved the definition of "United States work" to place it in alphabetical
order, after the definition for "United States." Pub. L. No. 106-44, 113
Stat. 221, 222.

20 The WIPO Copyright and Performances and Phonograms Treaties
Implementation Act of 1998 amended section 101 by adding the definition
of "WIPO Copyright Treaty." Pub. L. No. 105-304, 112 Stat. 2860, 2861.
That definition is required to take effect upon entry into force of the
WIPO Copyright Treaty with respect to the United States. Pub. L. No.
105-304, 112 Stat. 2860, 2877.

21 The WIPO Copyright and Performances and Phonograms Treaties
Implementation Act of 1998 amended section 101 by adding the definition
of "WIPO Performances and Phonograms Treaty." Pub. L. No. 105-304, 112
Stat. 2860, 2862. That definition is required to take effect upon entry
into force of the WIPO Performances and Phonograms Treaty with respect
to the United States. Pub. L. No. 105-304, 112 Stat. 2860, 2877.

22 The Visual Artists Rights Act of 1990 amended section 101 by adding
the definition of "work of visual art." Pub. L. No. 101-650, 104 Stat.
5089, 5128.

23 The Satellite Home Viewer Improvement Act of 1999 amended the
definition of "a work made for hire" by inserting "as a sound recording"
after "audiovisual work." Pub. L. No. 106-113, 113 Stat. 1501, app. I at
1501A-544. The Work Made for Hire and Copyright Corrections Act of 2000
amended the definition of "work made for hire" by deleting "as a sound
recording" after "audiovisual work." Pub. L. No. 106-379, 114 Stat.
1444. The Act also added a second paragraph to part (2) of that
definition. *Id.* These changes are effective retroactively, as of
November 29, 1999.

24 The WIPO Copyright and Performances and Phonograms Treaties
Implementation Act of 1998 amended section 101 by adding the definitions
of "WTO Agreement" and "WTO member country," thereby transferring those
definitions to section 101 from section 104A. Pub. L. No. 105-304, 112
Stat. 2860, 2862. See also endnote 29, *infra.*

25 In 1980, the definition of "computer program" was added to section
101. Pub. L. No. 96-517, 94 Stat. 3015, 3028.

26 In 1990, the Architectural Works Copyright Protection Act amended
subsection 102(a) by adding at the end thereof paragraph (8). Pub. L.
No. 101-650, 104 Stat. 5089, 5133.

27 The Berne Convention Implementation Act of 1988 amended section
104(b) by redesignating paragraph (4) as paragraph (5), by inserting
after paragraph (3) a new paragraph (4) and by adding subsection (c) at
the end. Pub. L. No. 100-568, 102 Stat. 2853, 2855. The WIPO Copyright
and Performances and Phonograms Treaties Implementation Act of 1998
amended section 104 as follows: 1) by amending subsection (b) to
redesignate paragraphs (3) and (5) as (5) and (6), respectively, and by
adding a new paragraph (3); 2) by amending section 104(b), throughout;
and 3) by adding section 104(d). Pub. L. No. 105-304, 112 Stat. 2860,
2862.

28 The WIPO Copyright and Performances and Phonograms Treaties
Implementation Act of 1998 requires that subsection (d), regarding the
effect of phonograms treaties, take effect upon entry into force of the
WIPO Performances and Phonograms Treaty with respect to the United
States. Pub. L. No. 105-304, 112 Stat. 2860, 2877.

29 In 1993, the North American Free Trade Agreement Implementation Act
added section 104A. Pub. L. No. 103-182, 107 Stat. 2057, 2115. In 1994,
the Uruguay Round Agreements Act amended section 104A in its entirety
with an amendment in the nature of a substitute. Pub. L. No. 103-465,
108 Stat. 4809, 4976. On November 13, 1997, Section 104A was amended by
replacing subsection (d)(3)(A), by striking the last sentence of
subsection (e)(1)(B)(ii) and by rewriting paragraphs (2) and (3) of
subsection (h). Pub. L. No. 105-80, 111 Stat. 1529, 1530. The WIPO
Copyright and Performances and Phonograms Treaties Implementation Act of
1998 amended section 104A by rewriting paragraphs (1) and (3) of
subsection (h); by adding subparagraph (E) to subsection (h)(6); and by
amending subsection (h)(8)(B)(i). Pub. L. No. 105-304, 112 Stat. 2860,
2862. That act also deleted paragraph (9), thereby transferring the
definitions for "WTO Agreement" and "WTO member country" from section
104A to section 101. Pub. L. No. 105-304, 112 Stat. 2860, 2863. See also
endnote 24, *supra.*

30 The WIPO Copyright and Performances and Phonograms Treaties
Implementation Act of 1998 requires that subparagraph (C) of the
definition of "date of adherence or proclamation" take effect upon entry
into force of the WIPO Copyright Treaty with respect to the United
States. Pub. L. No. 105-304, 112 Stat. 2860, 2877.

31 The WIPO Copyright and Performances and Phonograms Treaties
Implementation Act of 1998 requires that subparagraph (D) of the
definition of "date of adherence or proclamation" take effect upon entry
into force of the WIPO Performances and Phonograms Treaty with respect
to the United States. Pub. L. No. 105-304, 112 Stat. 2860, 2877.

32 The WIPO Copyright and Performances and Phonograms Treaties
Implementation Act of 1998 requires that subparagraph (C) of the
definition of "eligible country" take effect upon entry into force of
the WIPO Copyright Treaty with respect to the United States. Pub. L. No.
105-304, 112 Stat. 2860, 2877.

33 The WIPO Copyright and Performances and Phonograms Treaties
Implementation Act of 1998 requires that subparagraph (D) of the
definition of "eligible country" take effect upon entry into force of
the WIPO Performance and Phonograms Treaty with respect to the United
States. Pub. L. No. 105-304, 112 Stat. 2860, 2877.

34 The WIPO Copyright and Performances and Phonograms Treaties
Implementation Act of 1998 requires that subparagraph (E) of the
definition of "restored work" take effect upon entry into force of the
WIPO Performances and Phonograms Treaty with respect to the United
States. Pub. L. No. 105-304, 112 Stat. 2860, 2877.

35 In 1968, the Standard Reference Data Act provided an exception to
Section 105, Pub. L. No. 90-396, 82 Stat. 339. Section 6 of that act
amended title 15 of the *United States Code* by authorizing the
Secretary of Commerce, at 15 U.S.C. 290e, to secure copyright and
renewal thereof on behalf of the United States as author or proprietor
"in all or any part of any standard reference data which he prepares or
makes available under this chapter," and to "authorize the reproduction
and publication thereof by others." See also section 105(f) of the
Transitional and Supplementary Provisions of the Copyright Act of 1976,
in Part I of the Appendix. Pub. L. No. 94-553, 90 Stat. 2541.

36 The Digital Performance Right in Sound Recordings Act of 1995
amended section 106 by adding paragraph (6). Pub. L. No. 104-39, 109
Stat. 336. In 1999, a technical amendment substituted "121" for "120."
Pub. L. No. 106-44, 113 Stat. 221, 222.

37 The Visual Artists Rights Act of 1990 added section 106A. Pub. L.
No. 101-650, 104 Stat. 5089, 5128. The Act states that, generally,
section 106A is to take effect six months after the date of its
enactment, that is, six months after December 1, 1990, and that the
rights created by section 106A shall apply to (1) works created before
such effective date but title to which has not, as of such effective
date, been transferred from the author and (2) works created on or after
such effective date, but shall not apply to any destruction, distortion,
mutilation or other modification (as described in section 106A(a)(3)) of
any work which occurred before such effective date. See also, endnote 3,
chapter 3.

38 The Visual Artists Rights Act of 1990 amended section 107 by adding
the reference to section 106A. Pub. L. No. 101-650, 104 Stat. 5089,
5132. In 1992, section 107 was also amended to add the last sentence.
Pub. L. No. 102-492, 106 Stat. 3145.

39 The Copyright Amendments Act of 1992 amended section 108 by
repealing subsection (i) in its entirety. Pub. L. No. 102-307, 106 Stat.
264, 272. In 1998, the Digital Millennium Copyright Act amended section
108 by making changes to subsections (a), (b) and (c); by redesignating
subsection (h) as (i); and by adding a new subsection (h). Pub. L. No.
105-304, 112 Stat. 2860, 2889.

40 The Record Rental Amendment of 1984 amended section 109 by
redesignating subsections (b) and (c) as subsections (c) and (d),
respectively, and by inserting a new subsection (b) after subsection
(a). Pub. L. No. 98-450, 98 Stat. 1727. Section 4(b) of the Act states
that the provisions of section 109(b), as added by section 2 of the Act,
"shall not affect the right of an owner of a particular phonorecord of a
sound recording, who acquired such ownership before [October 4, 1984],
to dispose of the possession of that particular phonorecord on or after
such date of enactment in any manner permitted by section 109 of title
17, United States Code, as in effect on the day before the date of the
enactment of this Act." Pub. L. No. 98-450, 98 Stat. 1727, 1728. Section
4(c) of the Act also states that the amendments "shall not apply to
rentals, leasings, lendings (or acts or practices in the nature of
rentals, leasings, or lendings) occurring after the date which is 13
years after [October 4, 1984]" In 1988, the Record Rental Amendment Act
of 1984 was amended to extend the time period in section 4(c) from 5
years to 13 years. Pub. L. No. 100-617, 102 Stat. 3194. In 1993, the
North American Free Trade Agreement Implementation Act repealed section
4(c) of the Record Rental Amendment of 1984. Pub. L. No. 103-182, 107
Stat. 2057, 2114. Also in 1988, technical amendments to section 109(d)
inserted "(c)" in lieu of "(b)" and substituted "copyright" in lieu of
"coyright" Pub. L. No. 100-617, 102 Stat. 3194.

The Computer Software Rental Amendments Act of 1990 amended section
109(b) as follows: 1) paragraphs (2) and (3) were redesignated as
paragraphs (3) and (4), respectively; 2) paragraph (1) was struck out
and new paragraphs (1) and (2) were inserted in lieu thereof; and 3)
paragraph (4), as redesignated, was amended in its entirety with a new
paragraph (4) inserted in lieu thereof. Pub. L. No. 101-650, 104 Stat.
5089, 5134. The Act states that section 109(b), as amended, "shall not
affect the right of a person in possession of a particular copy of a
computer program, who acquired such copy before the date of the
enactment of this Act, to dispose of the possession of that copy on or
after such date of enactment in any manner permitted by section 109 of
title 17, United States Code, as in effect on the day before such date
of enactment." The Act also states that the amendments made to section
109(b) "shall not apply to rentals, leasings, or lendings (or acts or
practices in the nature of rentals, leasings, or lendings) occurring on
or after October 1, 1997." However, this limitation, which is set forth
in the first sentence of section 804 (c) of the Computer Software Rental
Amendments Act of 1990, at 104 Stat. 5136, was subsequently deleted in
1994 by the Uruguay Round Agreements Act. Pub. L. No. 103-465, 108 Stat.
4809, 4974.

The Computer Software Rental Amendments Act of 1990 also amended section
109 by adding at the end thereof subsection (e). Pub. L. No. 101-650,
104 Stat. 5089, 5135. That Act states that the provisions contained in
the new subsection (e) shall take effect 1 year after the date of
enactment of such Act, that is, one year after December 1, 1990. The Act
also states that such amendments so made "shall not apply to public
performances or displays that occur on or after October 1, 1995."

In 1994, the Uruguay Round Agreements Act amended section 109(a) by
adding the second sentence, which begins with "Notwithstanding the
preceding sentence." Pub. L. No. 103-465, 108 Stat. 4809, 4981.

41 In 1988, the Extension of Record Rental Amendment amended section
110 by adding paragraph (10). Pub. L. No. 97-366, 96 Stat. 1759. In
1997, the Technical Corrections to the Satellite Home Viewer Act amended
section 110 by inserting a semicolon in lieu of the period at the end of
paragraph (8); by inserting "; and" in lieu of the period at the end of
paragraph (9); and by inserting "(4)" in lieu of "4 above" in paragraph
(10). Pub. L. No. 105-80, 111 Stat. 1529, 1534. The Fairness in Music
Licensing Act of 1998 amended section 110, in paragraph 5, by adding
subparagraph (B) and by making conforming amendments to subparagraph
(A); by adding the phrase "or of the audiovisual or other devices
utilized in such performance" to paragraph 7; and by adding the last
paragraph to section 110 that begins "The exemptions provided under
paragraph (5)." Pub. L. No. 105-298, 112 Stat. 2827, 2830. In 1999, a
technical amendment made corrections to conform paragraph designations
that were affected by amendments previously made by the Fairness in
Music Licensing Act of 1998. Pub. L. No. 106-44, 113 Stat. 221.

42 In 1986, section 111(d) was amended by striking out paragraph (1)
and by redesignating paragraphs (2), (3), (4) and (5) as paragraphs (1),
(2), (3) and (4), respectively. Pub. L. 99-397, 100 Stat. 848. Also, in
1986, section 111(f) was amended by substituting "subsection (d)(1)" for
"subsection (d)(2)" in the last sentence of the definition of "secondary
transmission" and by adding a new sentence after the first sentence in
the definition of "local service area of a primary transmitter." Pub. L.
No. 99-397, 100 Stat. 848.

The Satellite Home Viewer Act of 1988 amended subsection 111(a) by
striking "or" at the end of paragraph (3), by redesignating paragraph
(4) as paragraph (5) and by inserting a new paragraph (4). Pub. L. No.
100-667, 102 Stat. 3935, 3949. That Act also amended section (d)(1)(A)
by adding the second sentence which begins with "In determining the
total number."* Id.*

The Copyright Royalty Tribunal Reform Act of 1993 amended section 111(d)
by substituting "Librarian of Congress" for "Copyright Royalty Tribunal"
where appropriate, by inserting a new sentence in lieu of the second and
third sentences of paragraph (2) and, in paragraph (4), by amending
subparagraph (B) in its entirety with substitute language. Pub. L. No.
103-198, 107 Stat. 2304, 2311.

The Satellite Home Viewer Act of 1994 amended section 111(f) by
inserting "microwave" after "wires, cables," in the paragraph relating
to the definition of "cable system" and by inserting new matter after
"April 15, 1976," in the paragraph relating to the definition of "local
service area of a primary transmitter." Pub. L. No. 103-369, 108 Stat.
3477, 3480. That Act provides that the amendment "relating to the
definition of the local service area of a primary transmitter, shall
take effect on July 1, 1994." *Id.*

In 1995, the Digital Performance in Sound Recordings Act amended section
111(c)(1) by inserting "and section 114(d)" in the first sentence, after
"of this subsection." Pub. L. No. 104-39, 109 Stat. 336, 348.

The Satellite Home Viewer Improvement Act of 1999 amended section 111 by
substituting "statutory" for "compulsory" and "programming" for
"programing," wherever they appeared. Pub. L. No. 106-113, 113 Stat.
1501, app. I at 1501A-543. The Act also amended sections 111(a) and (b)
by inserting "performance or display of a work embodied in a primary
transmission" in lieu of "primary transmission embodying a performance
or display of a work." It amended paragraph (1) of section 111(c) by
inserting "a performance or display of a work embodied in" after "by a
cable system of" and by striking "and embodying a performance or display
of a work." It amended subparagraphs (3) and (4) of section 111(a) by
inserting "a performance or display of a work embodied in a primary
transmission" in lieu of "a primary transmission" and by striking "and
embodying a performance or display of a work." *Id.*

43 Royalty rates specified by the compulsory licensing provisions of
this section are subject to adjustment by copyright arbitration royalty
panels appointed and convened by the Librarian of Congress in accordance
with the provisions of Chapter 8 of title 17 of the *United States Code,
*as amended by the Copyright Royalty Tribunal Reform Act of 1993, Pub.
L. No. 103-198, 107 Stat. 2304, 2311.

44 In 1998, the Digital Millennium Copyright Act amended section 112 by
redesignating subsection (a) as subsection (a)(1); by redesignating
former sections (a)(1), (a)(2) and (a)(3) as subsections (a)(1)(A), (a)
(1)(B) and (a)(1)(C), respectively; by adding subsection (a)(2); and by
amending the language in new subsection (a)(1). Pub. L. No. 105-304, 112
Stat. 2860, 2888. The Digital Millennium Copyright Act also amended
section 112 by redesignating subsection (e) as subsection (f) and adding
a new subsection (e). Pub. L. No. 105-304, 112 Stat. 2860, 2899. In
1999, a technical amendment to section 112(e) redesignated paragraphs
(3) through (10) as (2) through (9) and corrected the paragraph
references throughout that section to conform to those redesignations.
Pub. L. No. 106-44, 113 Stat. 221.

45 The Visual Artists Rights Act of 1990 amended section 113 by adding
subsection (d) at the end thereof. Pub. L. No. 101-650, 104 Stat. 5089,
5130.

46 The Digital Performance Right in Sound Recordings Act of 1995
amended section 114 as follows: 1) in subsection (a), by striking "and
(3)" and inserting in lieu thereof "(3) and (6)"; 2) in subsection (b)
in the first sentence, by striking "phonorecords, or of copies of motion
pictures and other audiovisual works," and inserting "phonorecords or
copies"; and 3) by striking subsection (d) and inserting in lieu thereof
new subsections (d), (e), (f), (g), (h), (i), and (j). Pub. L. No.
104-39, 109 Stat. 336. In 1997, subsection 114(f) was amended by
inserting all the text that appears after "December 31, 2000" (which is
now December 31, 2001, in paragraph (1)(A)) and by striking "and publish
in the Federal Register." Pub. L. No. 105-80, 111 Stat. 1529, 1531.

In 1998, the Digital Millennium Copyright Act amended section 114(d) by
replacing paragraphs (1)(A) and (2) with amendments in the nature of
substitutes. Pub. L. No. 105-304, 112 Stat. 2860, 2890. That Act also
amended section 114(f) by revising the title; by redesignating paragraph
(1) as paragraph (1)(A); by adding paragraph (1)(B) in lieu of
paragraphs (2), (3), (4) and (5); and by amending the language in newly
designated paragraph (1)(A), including revising the effective date from
December 31, 2000, to December 31, 2001. Pub. L. No. 105-304, 112 Stat.
2860, 2894. The Digital Millennium Copyright Act also amended subsection
114(g) by substituting "transmission" in lieu of "subscription
transmission," wherever it appears and, in the first sentence in
paragraph (g)(1), by substituting "transmission licensed under a
statutory license" in lieu of "subscription transmission licensed." Pub.
L. No. 105-304, 112 Stat. 2860, 2897. That Act also amended subsection
114(j) by redesignating paragraphs (2), (3), (5), (6), (7) and (8) as
(3), (5), (9), (12), (13) and (14), respectively; by amending paragraphs
(4) and (9) in their entirety and resdesignating them as paragraphs (7)
and (15), respectively; and by adding new definitions, including,
paragraph (2) defining "archived program," paragraph (4) defining
"continuous program," paragraph (6) defining "eligible nonsubscription
transmission," paragraph (8) defining "new subscription service,"
paragraph (10) defining "preexisting satellite digital audio radio
service" and paragraph (11) defining "preexisting subscription service."
Pub. L. No. 105-304, 112 Stat. 2860, 2897.

47 The Digital Millennium Copyright Act states that "the publication of
notice of proceedings under section 114(f)(1) . . . as in effect upon
the effective date of [the Digital Performance Right in Sound Recordings
Act of 1995, Pub. L. No. 104-39, 109 Stat. 336], 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." Pub. L. No. 105-304, 112 Stat. 2860, 2899.

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