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Henry Pepwell - "The Cell of Self Knowledge:"

Sir Walter Scott - "Guy Mannering"

Gilbert Parker - "The Lane That Had No Turning, Volume 3."

Lucy Fitch Perkins - "The Dutch Twins"

Copyright Law of the United States of America

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




(2) Definition. As used in this subsection, the term "standard technical
measures" means technical measures that are used by copyright owners to
identify or protect copyrighted works and-

(A) have been developed pursuant to a broad consensus of copyright
owners and service providers in an open, fair, voluntary, multi-industry
standards process;

(B) are available to any person on reasonable and nondiscriminatory
terms; and

(C) do not impose substantial costs on service providers or substantial
burdens on their systems or networks.

(j) Injunctions. The following rules shall apply in the case of any
application for an injunction under section 502 against a service
provider that is not subject to monetary remedies under this section:

(1) Scope of Relief. (A) With respect to conduct other than that which
qualifies for the limitation on remedies set forth in subsection (a),
the court may grant injunctive relief with respect to a service provider
only in one or more of the following forms:

(i) An order restraining the service provider from providing access to
infringing material or activity residing at a particular online site on
the provider's system or network.

(ii) An order restraining the service provider from providing access to
a subscriber or account holder of the service provider's system or
network who is engaging in infringing activity and is identified in the
order, by terminating the accounts of the subscriber or account holder
that are specified in the order.

(iii) Such other injunctive relief as the court may consider necessary
to prevent or restrain infringement of copyrighted material specified in
the order of the court at a particular online location, if such relief
is the least burdensome to the service provider among the forms of
relief comparably effective for that purpose.

(B) If the service provider qualifies for the limitation on remedies
described in subsection (a), the court may only grant injunctive relief
in one or both of the following forms:

(i) An order restraining the service provider from providing access to a
subscriber or account holder of the service provider's system or network
who is using the provider's service to engage in infringing activity and
is identified in the order, by terminating the accounts of the
subscriber or account holder that are specified in the order.

(ii) An order restraining the service provider from providing access, by
taking reasonable steps specified in the order to block access, to a
specific, identified, online location outside the United States.

(2) Considerations. The court, in considering the relevant criteria for
injunctive relief under applicable law, shall consider-

(A) whether such an injunction, either alone or in combination with
other such injunctions issued against the same service provider under
this subsection, would significantly burden either the provider or the
operation of the provider's system or network;

(B) the magnitude of the harm likely to be suffered by the copyright
owner in the digital network environment if steps are not taken to
prevent or restrain the infringement;

(C) whether implementation of such an injunction would be technically
feasible and effective, and would not interfere with access to
noninfringing material at other online locations; and

(D) whether other less burdensome and comparably effective means of
preventing or restraining access to the infringing material are
available.

(3) Notice and Ex Parte Orders. Injunctive relief under this subsection
shall be available only after notice to the service provider and an
opportunity for the service provider to appear are provided, except for
orders ensuring the preservation of evidence or other orders having no
material adverse effect on the operation of the service provider's
communications network.

(k) Definitions.

(1) Service Provider. (A) As used in subsection (a), the term "service
provider" means an entity offering the transmission, routing, or
providing of connections for digital online communications, between or
among points specified by a user, of material of the user's choosing,
without modification to the content of the material as sent or received.

(B) As used in this section, other than subsection (a), the term
"service provider" means a provider of online services or network
access, or the operator of facilities therefor, and includes an entity
described in subparagraph (A).

(2) Monetary Relief. As used in this section, the term "monetary relief"
means damages, costs, attorneys' fees, and any other form of monetary
payment.

(l) Other Defenses Not Affected. The failure of a service provider's
conduct to qualify for limitation of liability under this section shall
not bear adversely upon the consideration of a defense by the service
provider that the service provider's conduct is not infringing under
this title or any other defense.

(m) Protection of Privacy. Nothing in this section shall be construed to
condition the applicability of subsections (a) through (d) on-

(1) a service provider monitoring its service or affirmatively seeking
facts indicating infringing activity, except to the extent consistent
with a standard technical measure complying with the provisions of
subsection (i); or

(2) a service provider gaining access to, removing, or disabling access
to material in cases in which such conduct is prohibited by law.

(n) Construction. Subsections (a), (b), (c), and (d) describe separate
and distinct functions for purposes of applying this section. Whether a
service provider qualifies for the limitation on liability in any one of
those subsections shall be based solely on the criteria in that
subsection, and shall not affect a determination of whether that service
provider qualifies for the limitations on liability under any other such
subsection.


Section 513. Determination of reasonable license fees for individual
proprietors [10]

In the case of any performing rights society subject to a consent decree
which provides for the determination of reasonable license rates or fees
to be charged by the performing rights society, notwithstanding the
provisions of that consent decree, an individual proprietor who owns or
operates fewer than 7 non-publicly traded establishments in which
nondramatic musical works are performed publicly and who claims that any
license agreement offered by that performing rights society is
unreasonable in its license rate or fee as to that individual
proprietor, shall be entitled to determination of a reasonable license
rate or fee as follows:

(1) The individual proprietor may commence such proceeding for
determination of a reasonable license rate or fee by filing an
application in the applicable district court under paragraph (2) that a
rate disagreement exists and by serving a copy of the application on the
performing rights society. Such proceeding shall commence in the
applicable district court within 90 days after the service of such copy,
except that such 90-day requirement shall be subject to the
administrative requirements of the court.

(2) The proceeding under paragraph (1) shall be held, at the individual
proprietor's election, in the judicial district of the district court
with jurisdiction over the applicable consent decree or in that place of
holding court of a district court that is the seat of the Federal
circuit (other than the Court of Appeals for the Federal Circuit) in
which the proprietor's establishment is located.

(3) Such proceeding shall be held before the judge of the court with
jurisdiction over the consent decree governing the performing rights
society. At the discretion of the court, the proceeding shall be held
before a special master or magistrate judge appointed by such judge.
Should that consent decree provide for the appointment of an advisor or
advisors to the court for any purpose, any such advisor shall be the
special master so named by the court.

(4) In any such proceeding, the industry rate shall be presumed to have
been reasonable at the time it was agreed to or determined by the court.
Such presumption shall in no way affect a determination of whether the
rate is being correctly applied to the individual proprietor.

(5) Pending the completion of such proceeding, the individual proprietor
shall have the right to perform publicly the copyrighted musical
compositions in the repertoire of the performing rights society by
paying an interim license rate or fee into an interest bearing escrow
account with the clerk of the court, subject to retroactive adjustment
when a final rate or fee has been determined, in an amount equal to the
industry rate, or, in the absence of an industry rate, the amount of the
most recent license rate or fee agreed to by the parties.

(6) Any decision rendered in such proceeding by a special master or
magistrate judge named under paragraph (3) shall be reviewed by the
judge of the court with jurisdiction over the consent decree governing
the performing rights society. Such proceeding, including such review,
shall be concluded within 6 months after its commencement.

(7) Any such final determination shall be binding only as to the
individual proprietor commencing the proceeding, and shall not be
applicable to any other proprietor or any other performing rights
society, and the performing rights society shall be relieved of any
obligation of nondiscrimination among similarly situated music users
that may be imposed by the consent decree governing its operations.

(8) An individual proprietor may not bring more than one proceeding
provided for in this section for the determination of a reasonable
license rate or fee under any license agreement with respect to any one
performing rights society.

(9) For purposes of this section, the term "industry rate" means the
license fee a performing rights society has agreed to with, or which has
been determined by the court for, a significant segment of the music
user industry to which the individual proprietor belongs.

------------------
Chapter 5 Endnotes

1 Concerning the liability of the United States Government for
copyright infringement, see 28 U.S.C. 1498. Title 28 of the *United
States Code* is entitled "Judiciary and Judicial Procedure."

2 In 1998, two sections 512 were enacted into law. On October 17, 1998,
the Fairness in Music Licensing Act of 1998 was enacted. This Act
amended chapter five to add section 512 entitled "Determination of
reasonable license fees for individual proprietors." Pub. L. No.
105-298, 112 Stat. 2827, 2831. On October 28, 1998, the Online Copyright
Infringement Liability Limitation Act was enacted. This Act amended
chapter five to add section 512 entitled "Limitations on liability
relating to material online." Pub. L. No. 105-304, 112 Stat. 2860, 2877.
In 1999, a technical correction was enacted to redesignate the section
512 that was entitled "Determination of reasonable license fees for
individual proprietors" as section 513. Also, the table of sections was
amended to reflect that change. Pub. L. No. 106-44, 113 Stat. 221. See
also endnote 10*, infra.*

3 The Berne Convention Implementation Act of 1988 amended section
501(b) by striking out "sections 205(d) and 411" and inserting in lieu
thereof "section 411." Pub. L. No. 100-568, 102 Stat. 2853, 2860. The
Satellite Home Viewer Act of 1988 amended section 501 by adding
subsection (e). Pub. L. No. 100-667, 102 Stat. 3935, 3957.

In 1990, the Copyright Remedy Clarification Act amended section 501(a)
by adding the last two sentences. Pub. L. No. 101-553, 104 Stat. 2749.
The Visual Artists Rights Act of 1990 also amended section 501(a) as
follows: 1) by inserting "or of the author as provided in section
106A(a)" after "118" and 2) by striking out "copyright." and inserting
in lieu thereof "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)." Pub. L. No. 101-650, 104 Stat. 5089, 5131.

In 1999, a technical correction amended the first sentence in subsection
501(a) by inserting "121" in lieu of "118." Pub. L. No. 106-44, 113
Stat. 221, 222. The Satellite Home Viewer Improvement Act of 1999
amended section 501 by adding a subsection (f) and, in subsection (e),
by inserting "performance or display of a work embodied in a primary
transmission" in lieu of "primary transmission embodying the performance
or display of a work." Pub. L. No. 106-113, 113 Stat. 1501, app. I at
1501A-527 and 544. The Satellite Home Viewer Improvement Act of 1999
states that section 501(f) shall be effective as of July 1, 1999. Pub.
L. No. 106-113, 113 Stat. 1501, app. I at 1501A-544.

4 The Berne Convention Implementation Act of 1988 amended section
504(c) as follows: 1) in paragraph (1), by inserting "$500" in lieu of
"$250" and by inserting "$20,000" in lieu of "$10,000" and 2) in
paragraph (2), by inserting "$100,000" in lieu of "$50,000" and by
inserting "$200" in lieu of "$100." Pub. L. No. 100-568, 102 Stat. 2853,
2860. The Digital Theft Deterrence and Copyright Damages Improvement Act
of 1999 amended section 504(c), in paragraph (1), by substituting "$750"
for "$500" and "$30,000" for "$20,000" and, in paragraph (2), by
substituting "$150,000" for "$100,000." Pub. L. No. 106-160, 113 Stat.
1774.

5 The Piracy and Counterfeiting Amendments Act of 1982 amended section
506 by substituting a new subsection(a). Pub. L. No. 97-180, 96 Stat.
91, 93. The Visual Artists Rights Act of 1990 amended section 506 by
adding subsection (f). Pub. L. No.101-650, 104 Stat. 5089, 5131. In
1997, the No Electronic Theft (NET) Act again amended section 506 by
amending subsection (a) in its entirety. Pub. L. No. 105-147, 111 Stat.
2678. That Act also directed the United States Sentencing Commission to
"ensure that the applicable guideline range for a defendant convicted of
a crime against intellectual property . . . is sufficiently stringent to
deter such a crime" and to "ensure that the guidelines provide for
consideration of the retail value and quantity of the items with respect
to which the crime against intellectual property was committed." Pub. L.
No. 105-147, 111 Stat. 2678, 2680. See also endnote 2 in Part VII of the
Appendix.

6 In 1997, the No Electronic Theft (NET) Act amended section 507(a) by
inserting "5" in lieu of "three." Pub. L. No. 105-147, 111 Stat. 2678.

7 The Satellite Home Viewer Improvement Act of 1999 amended the heading
for section 510 by substituting "programming" for "programing" and, in
subsection (b), by substituting "statutory" for "compulsory." Pub. L.
No. 106-113, 113 Stat. 1501, app. I at 1501A-543.

8 In 1990, the Copyright Remedy Clarification Act added section 511.
Pub. L. No. 101-553, 104 Stat. 2749. In 1999, a technical correction
amended subsection 511(a) by inserting "121" in lieu of "119." Pub. L.
No. 106-44, 113 Stat. 221, 222.

9 In 1998, the Online Copyright Infringement Liability Limitation Act
added section 512. Pub. L. No. 105-304, 112 Stat. 2860, 2877. In 1999, a
technical correction deleted the heading for paragraph (2) of section
512(e), which was "Injunctions." Pub. L. No. 106-44, 113 Stat. 221, 222.

10 The Fairness in Music Licensing Act of 1998 added section 513. Pub.
L. No. 105-298, 112 Stat. 2827, 2831. This section was originally
designated as section 512. However, because two sections 512 had been
enacted into law in 1998, a technical amendment redesignated this as
section 513. Pub. L. No. 106-44, 113 Stat. 221. See also endnote 2*,
supra.*

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

Chapter 6

Manufacturing Requirements and Importation

+ 601. Manufacture, importation, and public distribution of certain
copies
+ 602. Infringing importation of copies or phonorecords
+ 603. Importation prohibitions: Enforcement and disposition of
excluded articles


Section 601. Manufacture, importation, and public distribution of certain
copies [1]

(a) Prior to July 1, 1986, and except as provided by subsection (b), the
importation into or public distribution in the United States of copies
of a work consisting preponderantly of nondramatic literary material
that is in the English language and is protected under this title is
prohibited unless the portions consisting of such material have been
manufactured in the United States or Canada.

(b) The provisions of subsection (a) do not apply-

(1) where, on the date when importation is sought or public distribution
in the United States is made, the author of any substantial part of such
material is neither a national nor a domiciliary of the United States
or, if such author is a national of the United States, he or she has
been domiciled outside the United States for a continuous period of at
least one year immediately preceding that date; in the case of a work
made for hire, the exemption provided by this clause does not apply
unless a substantial part of the work was prepared for an employer or
other person who is not a national or domiciliary of the United States
or a domestic corporation or enterprise;

(2) where the United States Customs Service is presented with an import
statement issued under the seal of the Copyright Office, in which case a
total of no more than two thousand copies of any one such work shall be
allowed entry; the import statement shall be issued upon request to the
copyright owner or to a person designated by such owner at the time of
registration for the work under section 408 or at any time thereafter;

(3) where importation is sought under the authority or for the use,
other than in schools, of the Government of the United States or of any
State or political subdivision of a State;

(4) where importation, for use and not for sale, is sought-

(A) by any person with respect to no more than one copy of any work at
any one time;

(B) by any person arriving from outside the United States, with respect
to copies forming part of such person's personal baggage; or

(C) by an organization operated for scholarly, educational, or religious
purposes and not for private gain, with respect to copies intended to
form a part of its library;

(5) where the copies are reproduced in raised characters for the use of
the blind; or

(6) where, in addition to copies imported under clauses (3) and (4) of
this subsection, no more than two thousand copies of any one such work,
which have not been manufactured in the United States or Canada, are
publicly distributed in the United States; or

(7) where, on the date when importation is sought or public distribution
in the United States is made-

(A) the author of any substantial part of such material is an individual
and receives compensation for the transfer or license of the right to
distribute the work in the United States; and

(B) the first publication of the work has previously taken place outside
the United States under a transfer or license granted by such author to
a transferee or licensee who was not a national or domiciliary of the
United States or a domestic corporation or enterprise; and

(C) there has been no publication of an authorized edition of the work
of which the copies were manufactured in the United States; and

(D) the copies were reproduced under a transfer or license granted by
such author or by the transferee or licensee of the right of first
publication as mentioned in subclause (B), and the transferee or the
licensee of the right of reproduction was not a national or domiciliary
of the United States or a domestic corporation or enterprise.

(c) The requirement of this section that copies be manufactured in the
United States or Canada is satisfied if-

(1) in the case where the copies are printed directly from type that has
been set, or directly from plates made from such type, the setting of
the type and the making of the plates have been performed in the United
States or Canada; or

(2) in the case where the making of plates by a lithographic or
photoengraving process is a final or intermediate step preceding the
printing of the copies, the making of the plates has been performed in
the United States or Canada; and

(3) in any case, the printing or other final process of producing
multiple copies and any binding of the copies have been performed in the
United States or Canada.

(d) Importation or public distribution of copies in violation of this
section does not invalidate protection for a work under this title.
However, in any civil action or criminal proceeding for infringement of
the exclusive rights to reproduce and distribute copies of the work, the
infringer has a complete defense with respect to all of the nondramatic
literary material comprised in the work and any other parts of the work
in which the exclusive rights to reproduce and distribute copies are
owned by the same person who owns such exclusive rights in the
nondramatic literary material, if the infringer proves-

(1) that copies of the work have been imported into or publicly
distributed in the United States in violation of this section by or with
the authority of the owner of such exclusive rights; and

(2) that the infringing copies were manufactured in the United States or
Canada in accordance with the provisions of subsection (c); and

(3) that the infringement was commenced before the effective date of
registration for an authorized edition of the work, the copies of which
have been manufactured in the United States or Canada in accordance with
the provisions of subsection (c).

(e) In any action for infringement of the exclusive rights to reproduce
and distribute copies of a work containing material required by this
section to be manufactured in the United States or Canada, the copyright
owner shall set forth in the complaint the names of the persons or
organizations who performed the processes specified by subsection (c)
with respect to that material, and the places where those processes were
performed.


Section 602. Infringing importation of copies or phonorecords

(a) Importation into the United States, without the authority of the
owner of copyright under this title, of copies or phonorecords of a work
that have been acquired outside the United States is an infringement of
the exclusive right to distribute copies or phonorecords under section
106, actionable under section 501. This subsection does not apply to-

(1) importation of copies or phonorecords under the authority or for the
use of the Government of the United States or of any State or political
subdivision of a State, but not including copies or phonorecords for use
in schools, or copies of any audiovisual work imported for purposes
other than archival use;

(2) importation, for the private use of the importer and not for
distribution, by any person with respect to no more than one copy or
phonorecord of any one work at any one time, or by any person arriving
from outside the United States with respect to copies or phonorecords
forming part of such person's personal baggage; or

(3) importation by or for an organization operated for scholarly,
educational, or religious purposes and not for private gain, with
respect to no more than one copy of an audiovisual work solely for its
archival purposes, and no more than five copies or phonorecords of any
other work for its library lending or archival purposes, unless the
importation of such copies or phonorecords is part of an activity
consisting of systematic reproduction or distribution, engaged in by
such organization in violation of the provisions of section 108(g)(2).

(b) In a case where the making of the copies or phonorecords would have
constituted an infringement of copyright if this title had been
applicable, their importation is prohibited. In a case where the copies
or phonorecords were lawfully made, the United States Customs Service
has no authority to prevent their importation unless the provisions of
section 601 are applicable. In either case, the Secretary of the
Treasury is authorized to prescribe, by regulation, a procedure under
which any person claiming an interest in the copyright in a particular
work may, upon payment of a specified fee, be entitled to notification
by the Customs Service of the importation of articles that appear to be
copies or phonorecords of the work.


Section 603. Importation prohibitions: Enforcement and disposition of
excluded articles [2]

(a) The Secretary of the Treasury and the United States Postal Service
shall separately or jointly make regulations for the enforcement of the
provisions of this title prohibiting importation.

(b) These regulations may require, as a condition for the exclusion of
articles under section 602-

(1) that the person seeking exclusion obtain a court order enjoining
importation of the articles; or

(2) that the person seeking exclusion furnish proof, of a specified
nature and in accordance with prescribed procedures, that the copyright
in which such person claims an interest is valid and that the
importation would violate the prohibition in section 602; the person
seeking exclusion may also be required to post a surety bond for any
injury that may result if the detention or exclusion of the articles
proves to be unjustified.

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