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Unknown - "The Bible, Douay Rheims, Book 65: Hebrews"

Alexandre Dumas (PŠre) - "Henri III et sa Cour "

Georg Ebers - "A Thorny Path, Volume 7."

Unknown - "The Bible, Douay Rheims, Book 3: Leviticus"

Copyright Law of the United States of America

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




(3) if the work is anonymous or pseudonymous, the nationality or
domicile of the author or authors;

(4) in the case of a work made for hire, a statement to this effect;

(5) if the copyright claimant is not the author, a brief statement of
how the claimant obtained ownership of the copyright;

(6) the title of the work, together with any previous or alternative
titles under which the work can be identified;

(7) the year in which creation of the work was completed;

(8) if the work has been published, the date and nation of its first
publication;

(9) in the case of a compilation or derivative work, an identification
of any preexisting work or works that it is based on or incorporates,
and a brief, general statement of the additional material covered by the
copyright claim being registered;

(10) in the case of a published work containing material of which copies
are required by section 601 to be manufactured in the United States, the
names of the persons or organizations who performed the processes
specified by subsection (c) of section 601 with respect to that
material, and the places where those processes were performed; and

(11) any other information regarded by the Register of Copyrights as
bearing upon the preparation or identification of the work or the
existence, ownership, or duration of the copyright.

If an application is submitted for the renewed and extended term
provided for in section 304(a)(3)(A) and an original term registration
has not been made, the Register may request information with respect to
the existence, ownership, or duration of the copyright for the original
term.


Section 410. Registration of claim and issuance of certificate

(a) When, after examination, the Register of Copyrights determines that,
in accordance with the provisions of this title, the material deposited
constitutes copyrightable subject matter and that the other legal and
formal requirements of this title have been met, the Register shall
register the claim and issue to the applicant a certificate of
registration under the seal of the Copyright Office. The certificate
shall contain the information given in the application, together with
the number and effective date of the registration.

(b) In any case in which the Register of Copyrights determines that, in
accordance with the provisions of this title, the material deposited
does not constitute copyrightable subject matter or that the claim is
invalid for any other reason, the Register shall refuse registration and
shall notify the applicant in writing of the reasons for such refusal.

(c) In any judicial proceedings the certificate of a registration made
before or within five years after first publication of the work shall
constitute *prima facie* evidence of the validity of the copyright and
of the facts stated in the certificate. The evidentiary weight to be
accorded the certificate of a registration made thereafter shall be
within the discretion of the court.

(d) The effective date of a copyright registration is the day on which
an application, deposit, and fee, which are later determined by the
Register of Copyrights or by a court of competent jurisdiction to be
acceptable for registration, have all been received in the Copyright
Office.


Section 411. Registration and infringement actions [10]

(a) Except for an action brought for a violation of the rights of the
author under section 106A(a), and subject to the provisions of
subsection (b), no action for infringement of the copyright in any
United States work shall be instituted until registration of the
copyright claim has been made in accordance with this title. In any
case, however, where the deposit, application, and fee required for
registration have been delivered to the Copyright Office in proper form
and registration has been refused, the applicant is entitled to
institute an action for infringement if notice thereof, with a copy of
the complaint, is served on the Register of Copyrights. The Register
may, at his or her option, become a party to the action with respect to
the issue of registrability of the copyright claim by entering an
appearance within sixty days after such service, but the Register's
failure to become a party shall not deprive the court of jurisdiction to
determine that issue.

(b) In the case of a work consisting of sounds, images, or both, the
first fixation of which is made simultaneously with its transmission,
the copyright owner may, either before or after such fixation takes
place, institute an action for infringement under section 501, fully
subject to the remedies provided by sections 502 through 506 and
sections 509 and 510, if, in accordance with requirements that the
Register of Copyrights shall prescribe by regulation, the copyright
owner-

(1) serves notice upon the infringer, not less than 48 hours before such
fixation, identifying the work and the specific time and source of its
first transmission, and declaring an intention to secure copyright in
the work; and

(2) makes registration for the work, if required by subsection (a),
within three months after its first transmission.


Section 412. Registration as prerequisite to certain remedies for
infringement [11]

In any action under this title, other than an action brought for a
violation of the rights of the author under section 106A(a) or an action
instituted under section 411(b), no award of statutory damages or of
attorney's fees, as provided by sections 504 and 505, shall be made for

(1) any infringement of copyright in an unpublished work commenced
before the effective date of its registration; or

(2) any infringement of copyright commenced after first publication of
the work and before the effective date of its registration, unless such
registration is made within three months after the first publication of
the work.

------------------
Chapter 4 Endnotes

1 The Berne Convention Implementation Act of 1988 amended section 401
as follows: 1) in subsection (a), by changing the heading to "General
Provisions" and by inserting "may be placed on" in lieu of "shall be
placed on all"; 2) in subsection (b), by inserting "If a notice appears
on the copies, it" in lieu of "The notice appearing on the copies"; and
3) by adding subsection (d). Pub. L. No. 100-568, 102 Stat. 2853, 2857.

2 The Berne Convention Implementation Act of 1988 amended section 402
as follows: 1) in subsection (a), by changing the heading to "General
Provisions" and by inserting "may be placed on" in lieu of "shall be
placed on all"; 2) in subsection (b), by inserting "If a notice appears
on the phonorecords, it" in lieu of "The notice appearing on the
phonorecords"; and 3) by adding subsection (d). Pub. L. No. 100-568, 102
Stat. 2853, 2857.

3 The Berne Convention Implementation Act of 1988 amended section 403
in its entirety. Pub. L. No. 100-568, 102 Stat. 2853, 2858.

4 The Berne Convention Implementation Act of 1988 amended section 404
as follows: 1) in the second sentence of subsection (a), by inserting
"to invoke the provisions of section 401(d) or 402(d), as applicable" in
lieu of "to satisfy the requirements of sections 401 through 403" and 2)
in subsection (b), by inserting "With respect to copies and phonorecords
publicly distributed by authority of the copyright owner before the
effective date of the Berne Convention Implementation Act of 1988," at
the beginning of the sentence. Pub. L. No. 100-568, 102 Stat. 2853,
2858.

5 The Berne Convention Implementation Act of 1988 amended section 405
as follows: 1) in subsection (a), by inserting "With respect to copies
and phonorecords publicly distributed by authority of the copyright
owner before the effective date of the Berne Convention Implementation
Act of 1988, the omission of the copyright notice described in" at the
beginning of the first sentence, in lieu of "The omission of the
copyright notice prescribed by"; 2) in subsection (b), by inserting
after "omitted," in the first sentence, "and which was publicly
distributed by authority of the copyright owner before the effective
date of the Berne Convention Implementation Act of 1988"; and 3) by
amending the section heading to add "on certain copies and phonorecords"
at the end thereof. Pub. L. No. 100-568, 102 Stat. 2853, 2858.

6 The Berne Convention Implementation Act of 1988 amended section 406
as follows: 1) in subsection (a), by inserting "With respect to copies
and phonorecords publicly distributed by authority of the copyright
owner before the effective date of the Berne Convention Implementation
Act of 1988," at the beginning of the first sentence; 2) in subsection
(b), by inserting "before the effective date of the Berne Convention
Implementation Act of 1988" after "distributed"; 3) in subsection (c),
by inserting "before the effective date of the Berne Convention
Implementation Act of 1988" after "publicly distributed" and by
inserting "as in effect on the day before the effective date of the
Berne Convention Implementation Act of 1988" after "405"; and 4) by
amending the section heading to add "on certain copies and phonorecords"
at the end thereof. Pub. L. No. 100-568, 102 Stat. 2853, 2858.

7 The Berne Convention Implementation Act of 1988 amended section 407 by
striking out the words "with notice of copyright" in subsection (a).
Pub. L. No. 100-568, 102 Stat. 2853, 2859.

8 The Berne Convention Implementation Act of 1988 amended section 408 by
deleting "Subject to the provisions of section 405(a)," at the beginning
of the second sentence of subsection (a). Pub. L. No. 100-568, 102 Stat.
2853, 2859. That Act also amended section 408(c)(2) by inserting "the
following conditions:" in lieu of "all of the following conditions" and
by striking subparagraph (A) and by redesignating subparagraphs (B) and
(C) as subparagraphs (A) and (B), respectively. *Id.*

The Copyright Renewal Act of 1992 amended section 408 by revising the
first sentence of subsection (a), preceding the words "the owner of
copyright or of any exclusive right." Pub. L. No. 102-307, 106 Stat.
264, 266.

9 The Copyright Renewal Act of 1992 amended section 409 by adding the
last sentence. Pub. L. No. 102-307, 106 Stat. 264, 266.

10 The Berne Convention Implementation Act of 1988 amended section 411 as
follows: 1) in subsection (a), by inserting "Except for actions for
infringement of copyright in Berne Convention works whose country of
origin is not the United States, and" before "subject"; 2) in paragraph
(b)(2), by inserting ", if required by subsection (a)," after "work";
and 3) by inserting "and infringement actions" in the heading, in lieu
of "as prerequisite to infringement suit." Pub. L. No. 100-568, 102
Stat. 2853, 2859.

The Visual Artists Rights Act of 1990 amended section 411(a) by
inserting "and an action brought for a violation of the rights of the
author under section 106A(a)" after "United States." Pub. L. No.
101-650, 104 Stat. 5089, 5131. In 1997, section 411(b)(1) was amended in
its entirety. Pub. L. No. 105-80, 111 Stat. 1529, 1532.

The WIPO Copyright and Performances and Phonograms Treaties
Implementation Act of 1998 amended the first sentence in section 411(a)
by deleting "actions for infringement of copyright in Berne Convention
works whose country of origin is not the United and" and by inserting
"United States" after "no action for infringement of the copyright in
any." Pub. L. No. 105-304, 112 Stat. 2860, 2863.

11 The Visual Artists Rights Act of 1990 amended section 412 by inserting
"an action brought for a violation of the rights of the author under
section 106A(a) or" after "other than." Pub. L. No. 101-650, 104 Stat.
5089, 5131.

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

Chapter 5 [1]

Copyright Infringement and Remedies

+ 501. Infringement of copyright
+ 502. Remedies for infringement: Injunctions
+ 503. Remedies for infringement: Impounding and disposition of
infringing articles
+ 504. Remedies for infringement: Damages and profits
+ 505. Remedies for infringement: Costs and attorney's fees
+ 506. Criminal offenses
+ 507. Limitations on actions
+ 508. Notification of filing and determination of actions
+ 509. Seizure and forfeiture
+ 510. Remedies for alteration of programming by cable systems
+ 511. Liability of States, instrumentalities of States, and State
officials for infringement of copyright
+ 512. Limitations on liability relating to material online
+ 513. [2] Determination of reasonable license fees for individual
proprietors


Section 501. Infringement of copyright [3]

(a) Anyone who violates any of the exclusive rights of the copyright
owner as provided by sections 106 through 121 or of the author as
provided in section 106A(a), or who imports copies or phonorecords into
the United States in violation of section 602, is an infringer of the
copyright or right of the author, as the case may be. For purposes of
this chapter (other than section 506), any reference to copyright shall
be deemed to include the rights conferred by section 106A(a). As used in
this subsection, the term "anyone" includes any State, any
instrumentality of a State, and any officer or employee of a State or
instrumentality of a State acting in his or her official capacity. Any
State, and any such instrumentality, officer, or employee, shall be
subject to the provisions of this title in the same manner and to the
same extent as any nongovernmental entity.

(b) The legal or beneficial owner of an exclusive right under a
copyright is entitled, subject to the requirements of section 411, to
institute an action for any infringement of that particular right
committed while he or she is the owner of it. The court may require such
owner to serve written notice of the action with a copy of the complaint
upon any person shown, by the records of the Copyright Office or
otherwise, to have or claim an interest in the copyright, and shall
require that such notice be served upon any person whose interest is
likely to be affected by a decision in the case. The court may require
the joinder, and shall permit the intervention, of any person having or
claiming an interest in the copyright.

(c) For any secondary transmission by a cable system that embodies a
performance or a display of a work which is actionable as an act of
infringement under subsection (c) of section 111, a television broadcast
station holding a copyright or other license to transmit or perform the
same version of that work shall, for purposes of subsection (b) of this
section, be treated as a legal or beneficial owner if such secondary
transmission occurs within the local service area of that television
station.

(d) For any secondary transmission by a cable system that is actionable
as an act of infringement pursuant to section 111(c)(3), the following
shall also have standing to sue: (i) the primary transmitter whose
transmission has been altered by the cable system; and (ii) any
broadcast station within whose local service area the secondary
transmission occurs.

(e) With respect to any secondary transmission that is made by a
satellite carrier of a performance or display of a work embodied in a
primary transmission and is actionable as an act of infringement under
section 119(a)(5), a network station holding a copyright or other
license to transmit or perform the same version of that work shall, for
purposes of subsection (b) of this section, be treated as a legal or
beneficial owner if such secondary transmission occurs within the local
service area of that station.

(f)(1) With respect to any secondary transmission that is made by a
satellite carrier of a performance or display of a work embodied in a
primary transmission and is actionable as an act of infringement under
section 122, a television broadcast station holding a copyright or other
license to transmit or perform the same version of that work shall, for
purposes of subsection (b) of this section, be treated as a legal or
beneficial owner if such secondary transmission occurs within the local
market of that station.

(2) A television broadcast station may file a civil action against any
satellite carrier that has refused to carry television broadcast
signals, as required under section 122(a)(2), to enforce that television
broadcast station's rights under section 338(a) of the Communications
Act of 1934.


Section 502. Remedies for infringement: Injunctions

(a) Any court having jurisdiction of a civil action arising under this
title may, subject to the provisions of section 1498 of title 28, grant
temporary and final injunctions on such terms as it may deem reasonable
to prevent or restrain infringement of a copyright.

(b) Any such injunction may be served anywhere in the United States on
the person enjoined; it shall be operative throughout the United States
and shall be enforceable, by proceedings in contempt or otherwise, by
any United States court having jurisdiction of that person. The clerk of
the court granting the injunction shall, when requested by any other
court in which enforcement of the injunction is sought, transmit
promptly to the other court a certified copy of all the papers in the
case on file in such clerk's office.

Section 503. Remedies for infringement: Impounding and disposition of
infringing articles

(a) At any time while an action under this title is pending, the court
may order the impounding, on such terms as it may deem reasonable, of
all copies or phonorecords claimed to have been made or used in
violation of the copyright owner's exclusive rights, and of all plates,
molds, matrices, masters, tapes, film negatives, or other articles by
means of which such copies or phonorecords may be reproduced.

(b) As part of a final judgment or decree, the court may order the
destruction or other reasonable disposition of all copies or
phonorecords found to have been made or used in violation of the
copyright owner's exclusive rights, and of all plates, molds, matrices,
masters, tapes, film negatives, or other articles by means of which such
copies or phonorecords may be reproduced.


Section 504. Remedies for infringement: Damages and profits [4]

(a) In General. Except as otherwise provided by this title, an infringer
of copyright is liable for either-

(1) the copyright owner's actual damages and any additional profits of
the infringer, as provided by subsection (b); or

(2) statutory damages, as provided by subsection (c).

(b) Actual Damages and Profits. The copyright owner is entitled to
recover the actual damages suffered by him or her as a result of the
infringement, and any profits of the infringer that are attributable to
the infringement and are not taken into account in computing the actual
damages. In establishing the infringer's profits, the copyright owner is
required to present proof only of the infringer's gross revenue, and the
infringer is required to prove his or her deductible expenses and the
elements of profit attributable to factors other than the copyrighted
work.

(c) Statutory Damages.

(1) Except as provided by clause (2) of this subsection, the copyright
owner may elect, at any time before final judgment is rendered, to
recover, instead of actual damages and profits, an award of statutory
damages for all infringements involved in the action, with respect to
any one work, for which any one infringer is liable individually, or for
which any two or more infringers are liable jointly and severally, in a
sum of not less than $750 or more than $30,000 as the court considers
just. For the purposes of this subsection, all the parts of a
compilation or derivative work constitute one work.

(2) In a case where the copyright owner sustains the burden of proving,
and the court finds, that infringement was committed willfully, the
court in its discretion may increase the award of statutory damages to a
sum of not more than $150,000. In a case where the infringer sustains
the burden of proving, and the court finds, that such infringer was not
aware and had no reason to believe that his or her acts constituted an
infringement of copyright, the court in its discretion may reduce the
award of statutory damages to a sum of not less than $200. The court
shall remit statutory damages in any case where an infringer believed
and had reasonable grounds for believing that his or her use of the
copyrighted work was a fair use under section 107, if the infringer was:
(i) an employee or agent of a nonprofit educational institution,
library, or archives acting within the scope of his or her employment
who, or such institution, library, or archives itself, which infringed
by reproducing the work in copies or phonorecords; or (ii) a public
broadcasting entity which or a person who, as a regular part of the
nonprofit activities of a public broadcasting entity (as defined in
subsection (g) of section 118) infringed by performing a published
nondramatic literary work or by reproducing a transmission program
embodying a performance of such a work.

(d) Additional Damages in Certain Cases. In any case in which the court
finds that a defendant proprietor of an establishment who claims as a
defense that its activities were exempt under section 110(5) did not
have reasonable grounds to believe that its use of a copyrighted work
was exempt under such section, the plaintiff shall be entitled to, in
addition to any award of damages under this section, an additional award
of two times the amount of the license fee that the proprietor of the
establishment concerned should have paid the plaintiff for such use
during the preceding period of up to 3 years.


Section 505. Remedies for infringement: Costs and attorney's fees

In any civil action under this title, the court in its discretion may
allow the recovery of full costs by or against any party other than the
United States or an officer thereof. Except as otherwise provided by
this title, the court may also award a reasonable attorney's fee to the
prevailing party as part of the costs.


Section 506. Criminal offenses [5]

(a) Criminal Infringement. Any person who infringes a copyright
willfully either

(1) for purposes of commercial advantage or private financial gain, or

(2) by the reproduction or distribution, including by electronic means,
during any 180-day period, of 1 or more copies or phonorecords of 1 or
more copyrighted works, which have a total retail value of more than
$1,000,

shall be punished as provided under section 2319 of title 18, United
States Code. For purposes of this subsection, evidence of reproduction
or distribution of a copyrighted work, by itself, shall not be
sufficient to establish willful infringement.

(b) Forfeiture and Destruction. When any person is convicted of any
violation of subsection (a), the court in its judgment of conviction
shall, in addition to the penalty therein prescribed, order the
forfeiture and destruction or other disposition of all infringing copies
or phonorecords and all implements, devices, or equipment used in the
manufacture of such infringing copies or phonorecords.

(c) Fraudulent Copyright Notice. Any person who, with fraudulent intent,
places on any article a notice of copyright or words of the same purport
that such person knows to be false, or who, with fraudulent intent,
publicly distributes or imports for public distribution any article
bearing such notice or words that such person knows to be false, shall
be fined not more than $2,500.

(d) Fraudulent Removal of Copyright Notice. Any person who, with
fraudulent intent, removes or alters any notice of copyright appearing
on a copy of a copyrighted work shall be fined not more than $2,500.

(e) False Representation. Any person who knowingly makes a false
representation of a material fact in the application for copyright
registration provided for by section 409, or in any written statement
filed in connection with the application, shall be fined not more than
$2,500.

(f) Rights of Attribution and Integrity. Nothing in this section applies
to infringement of the rights conferred by section 106A(a).


Section 507. Limitations on actions [6]

(a) Criminal Proceedings. Except as expressly provided otherwise in this
title, no criminal proceeding shall be maintained under the provisions
of this title unless it is commenced within 5 years after the cause of
action arose.

(b) Civil Actions. No civil action shall be maintained under the
provisions of this title unless it is commenced within three years after
the claim accrued.


Section 508. Notification of filing and determination of actions

(a) Within one month after the filing of any action under this title,
the clerks of the courts of the United States shall send written
notification to the Register of Copyrights setting forth, as far as is
shown by the papers filed in the court, the names and addresses of the
parties and the title, author, and registration number of each work
involved in the action. If any other copyrighted work is later included
in the action by amendment, answer, or other pleading, the clerk shall
also send a notification concerning it to the Register within one month
after the pleading is filed.

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