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Georg Ebers - "An Egyptian Princess, Volume 2."

Unknown - "The Bible, Douay Rheims, Book 36: Abdias"

Horatio Alger, Jr. - "Frank's Campaign or the Farm and the Camp"

Gilbert Parker - "Romany of the Snows, Continuation of Pierre and His People, v1"

Copyright Law of the United States of America

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




(c) Articles imported in violation of the importation prohibitions of
this title are subject to seizure and forfeiture in the same manner as
property imported in violation of the customs revenue laws. Forfeited
articles shall be destroyed as directed by the Secretary of the Treasury
or the court, as the case may be.

------------------
Chapter 6 Endnotes

1 In 1982, section 601(a) was amended in the first sentence by
substituting "1986" for "1982." Pub. L. No. 97-215, 96 Stat. 178.

2 The Anticounterfeiting Consumer Protection Act of 1996 amended the
last sentence of section 603(c) by deleting the semicolon and all text
immediately following the words "as the case may be." Pub. L. No.
104-153, 110 Stat. 1386, 1388.

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

Chapter 7 [1]

Copyright Office

+ 701. The Copyright Office: General responsibilities and organization
+ 702. Copyright Office regulations
+ 703. Effective date of actions in Copyright Office
+ 704. Retention and disposition of articles deposited in Copyright
Office
+ 705. Copyright Office records: Preparation, maintenance, public
inspection, and searching
+ 706. Copies of Copyright Office records
+ 707. Copyright Office forms and publications
+ 708. Copyright Office fees
+ 709. Delay in delivery caused by disruption of postal or other
services


Section 701. The Copyright Office: General responsibilities and
organization [2]

(a) All administrative functions and duties under this title, except as
otherwise specified, are the responsibility of the Register of
Copyrights as director of the Copyright Office of the Library of
Congress. The Register of Copyrights, together with the subordinate
officers and employees of the Copyright Office, shall be appointed by
the Librarian of Congress, and shall act under the Librarian's general
direction and supervision.

(b) In addition to the functions and duties set out elsewhere in this
chapter, the Register of Copyrights shall perform the following
functions:

(1) Advise Congress on national and international issues relating to
copyright, other matters arising under this title, and related matters.

(2) Provide information and assistance to Federal departments and
agencies and the Judiciary on national and international issues relating
to copyright, other matters arising under this title, and related
matters.

(3) Participate in meetings of international intergovernmental
organizations and meetings with foreign government officials relating to
copyright, other matters arising under this title, and related matters,
including as a member of United States delegations as authorized by the
appropriate Executive branch authority.

(4) Conduct studies and programs regarding copyright, other matters
arising under this title, and related matters, the administration of the
Copyright Office, or any function vested in the Copyright Office by law,
including educational programs conducted cooperatively with foreign
intellectual property offices and international intergovernmental
organizations.

(5) Perform such other functions as Congress may direct, or as may be
appropriate in furtherance of the functions and duties specifically set
forth in this title.

(c) The Register of Copyrights shall adopt a seal to be used on and
after January 1, 1978, to authenticate all certified documents issued by
the Copyright Office.

(d) The Register of Copyrights shall make an annual report to the
Librarian of Congress of the work and accomplishments of the Copyright
Office during the previous fiscal year. The annual report of the
Register of Copyrights shall be published separately and as a part of
the annual report of the Librarian of Congress.

(e) Except as provided by section 706(b) and the regulations issued
thereunder, all actions taken by the Register of Copyrights under this
title are subject to the provisions of the Administrative Procedure Act
of June 11, 1946, as amended (c. 324, 60 Stat. 237, title 5, United
States Code, Chapter 5, Subchapter II and Chapter 7).

(f) The Register of Copyrights shall be compensated at the rate of pay
in effect for level III of the Executive Schedule under section 5314 of
title 5.3 The Librarian of Congress shall establish not more than four
positions for Associate Registers of Copyrights, in accordance with the
recommendations of the Register of Copyrights. The Librarian shall make
appointments to such positions after consultation with the Register of
Copyrights. Each Associate Register of Copyrights shall be paid at a
rate not to exceed the maximum annual rate of basic pay payable for
GS-18 of the General Schedule under section 5332 of title 5.


Section 702. Copyright Office regulations [4]

The Register of Copyrights is authorized to establish regulations not
inconsistent with law for the administration of the functions and duties
made the responsibility of the Register under this title. All
regulations established by the Register under this title are subject to
the approval of the Librarian of Congress.


Section 703. Effective date of actions in Copyright Office

In any case in which time limits are prescribed under this title for the
performance of an action in the Copyright Office, and in which the last
day of the prescribed period falls on a Saturday, Sunday, holiday, or
other nonbusiness day within the District of Columbia or the Federal
Government, the action may be taken on the next succeeding business day,
and is effective as of the date when the period expired.


Section 704. Retention and disposition of articles deposited in Copyright
Office

(a) Upon their deposit in the Copyright Office under sections 407 and
408, all copies, phonorecords, and identifying material, including those
deposited in connection with claims that have been refused registration,
are the property of the United States Government.

(b) In the case of published works, all copies, phonorecords, and
identifying material deposited are available to the Library of Congress
for its collections, or for exchange or transfer to any other library.
In the case of unpublished works, the Library is entitled, under
regulations that the Register of Copyrights shall prescribe, to select
any deposits for its collections or for transfer to the National
Archives of the United States or to a Federal records center, as defined
in section 2901 of title 44.

(c) The Register of Copyrights is authorized, for specific or general
categories of works, to make a facsimile reproduction of all or any part
of the material deposited under section 408, and to make such
reproduction a part of the Copyright Office records of the registration,
before transferring such material to the Library of Congress as provided
by subsection (b), or before destroying or otherwise disposing of such
material as provided by subsection (d).

(d) Deposits not selected by the Library under subsection (b), or
identifying portions or reproductions of them, shall be retained under
the control of the Copyright Office, including retention in Government
storage facilities, for the longest period considered practicable and
desirable by the Register of Copyrights and the Librarian of Congress.
After that period it is within the joint discretion of the Register and
the Librarian to order their destruction or other disposition; but, in
the case of unpublished works, no deposit shall be knowingly or
intentionally destroyed or otherwise disposed of during its term of
copyright unless a facsimile reproduction of the entire deposit has been
made a part of the Copyright Office records as provided by subsection
(c).

(e) The depositor of copies, phonorecords, or identifying material under
section 408, or the copyright owner of record, may request retention,
under the control of the Copyright Office, of one or more of such
articles for the full term of copyright in the work. The Register of
Copyrights shall prescribe, by regulation, the conditions under which
such requests are to be made and granted, and shall fix the fee to be
charged under section 708(a)(10) if the request is granted.


Section 705. Copyright Office records: Preparation, maintenance, public
inspection, and searching [5]

(a) The Register of Copyrights shall ensure that records of deposits,
registrations, recordations, and other actions taken under this title
are maintained, and that indexes of such records are prepared.

(b) Such records and indexes, as well as the articles deposited in
connection with completed copyright registrations and retained under the
control of the Copyright Office, shall be open to public inspection.

(c) Upon request and payment of the fee specified by section 708, the
Copyright Office shall make a search of its public records, indexes, and
deposits, and shall furnish a report of the information they disclose
with respect to any particular deposits, registrations, or recorded
documents.


Section 706. Copies of Copyright Office records

(a) Copies may be made of any public records or indexes of the Copyright
Office; additional certificates of copyright registration and copies of
any public records or indexes may be furnished upon request and payment
of the fees specified by section 708.

(b) Copies or reproductions of deposited articles retained under the
control of the Copyright Office shall be authorized or furnished only
under the conditions specified by the Copyright Office regulations.


Section 707. Copyright Office forms and publications

(a) Catalog of Copyright Entries. The Register of Copyrights shall
compile and publish at periodic intervals catalogs of all copyright
registrations. These catalogs shall be divided into parts in accordance
with the various classes of works, and the Register has discretion to
determine, on the basis of practicability and usefulness, the form and
frequency of publication of each particular part.

(b) Other Publications. The Register shall furnish, free of charge upon
request, application forms for copyright registration and general
informational material in connection with the functions of the Copyright
Office. The Register also has the authority to publish compilations of
information, bibliographies, and other material he or she considers to
be of value to the public.

(c) Distribution of Publications. All publications of the Copyright
Office shall be furnished to depository libraries as specified under
section 1905 of title 44, and, aside from those furnished free of
charge, shall be offered for sale to the public at prices based on the
cost of reproduction and distribution.


Section 708. Copyright Office fees [6]

(a) Fees. Fees shall be paid to the Register of Copyrights-

(1) on filing each application under section 408 for registration of a
copyright claim or for a supplementary registration, including the
issuance of a certificate of registration if registration is made;

(2) on filing each application for registration of a claim for renewal
of a subsisting copyright under section 304(a), including the issuance
of a certificate of registration if registration is made;

(3) for the issuance of a receipt for a deposit under section 407;

(4) for the recordation, as provided by section 205, of a transfer of
copyright ownership or other document;

(5) for the filing, under section 115(b), of a notice of intention to
obtain a compulsory license;

(6) for the recordation, under section 302(c), of a statement revealing
the identity of an author of an anonymous or pseudonymous work, or for
the recordation, under section 302(d), of a statement relating to the
death of an author;

(7) for the issuance, under section 706, of an additional certificate of
registration;

(8) for the issuance of any other certification; and

(9) for the making and reporting of a search as provided by section 705,
and for any related services.

The Register of Copyrights is authorized to fix fees for other services,
including the cost of preparing copies of Copyright Office records,
whether or not such copies are certified, based on the cost of providing
the service.

(b) Adjustment of Fees. The Register of Copyrights may, by regulation,
adjust the fees for the services specified in paragraphs (1) through (9)
of subsection (a) in the following manner: [7]

(1) The Register shall conduct a study of the costs incurred by the
Copyright Office for the registration of claims, the recordation of
documents, and the provision of services. The study shall also consider
the timing of any adjustment in fees and the authority to use such fees
consistent with the budget.

(2) The Register may, on the basis of the study under paragraph (1), and
subject to paragraph (5), adjust fees to not more than that necessary to
cover the reasonable costs incurred by the Copyright Office for the
services described in paragraph (1), plus a reasonable inflation
adjustment to account for any estimated increase in costs.

(3) Any fee established under paragraph (2) shall be rounded off to the
nearest dollar, or for a fee less than $12, rounded off to the nearest
50 cents.

(4) Fees established under this subsection shall be fair and equitable
and give due consideration to the objectives of the copyright system.

(5) If the Register determines under paragraph (2) that fees should be
adjusted, the Register shall prepare a proposed fee schedule and submit
the schedule with the accompanying economic analysis to the Congress.
The fees proposed by the Register may be instituted after the end of 120
days after the schedule is submitted to the Congress unless, within that
120-day period, a law is enacted stating in substance that the Congress
does not approve the schedule.

(c) The fees prescribed by or under this section are applicable to the
United States Government and any of its agencies, employees, or
officers, but the Register of Copyrights has discretion to waive the
requirement of this subsection in occasional or isolated cases involving
relatively small amounts.

(d) (1) Except as provided in paragraph (2), all fees received under
this section shall be deposited by the Register of Copyrights in the
Treasury of the United States and shall be credited to the
appropriations for necessary expenses of the Copyright Office. Such fees
that are collected shall remain available until expended. The Register
may, in accordance with regulations that he or she shall prescribe,
refund any sum paid by mistake or in excess of the fee required by this
section.

(2) In the case of fees deposited against future services, the Register
of Copyrights shall request the Secretary of the Treasury to invest in
interest-bearing securities in the United States Treasury any portion of
the fees that, as determined by the Register, is not required to meet
current deposit account demands. Funds from such portion of fees shall
be invested in securities that permit funds to be available to the
Copyright Office at all times if they are determined to be necessary to
meet current deposit account demands. Such investments shall be in
public debt securities with maturities suitable to the needs of the
Copyright Office, as determined by the Register of Copyrights, and
bearing interest at rates determined by the Secretary of the Treasury,
taking into consideration current market yields on outstanding
marketable obligations of the United States of comparable maturities.

(3) The income on such investments shall be deposited in the Treasury of
the United States and shall be credited to the appropriations for
necessary expenses of the Copyright Office.


Section 709. Delay in delivery caused by disruption of postal or other
services

In any case in which the Register of Copyrights determines, on the basis
of such evidence as the Register may by regulation require, that a
deposit, application, fee, or any other material to be delivered to the
Copyright Office by a particular date, would have been received in the
Copyright Office in due time except for a general disruption or
suspension of postal or other transportation or communications services,
the actual receipt of such material in the Copyright Office within one
month after the date on which the Register determines that the
disruption or suspension of such services has terminated, shall be
considered timely.

------------------
Chapter 7 Endnotes

1 The Work Made for Hire and Copyright Corrections Act of 2000 amended
the table of sections for chapter 7 by deleting section 710, entitled,
"Reproduction for use of the blind and physically handicapped: Voluntary
licensing forms and procedures." Pub. L. No. 106-379, 114 Stat. 1444,
1445.

2 The Copyright Fees and Technical Amendments Act of 1989 amended
section 701 by adding subsection (e). Pub. L. No. 101-319, 104 Stat.
290. In 1998, the Digital Millennium Copyright Act amended section 701
by adding a new subsection (b), redesignating former subsections (b)
through (e) as (c) through (f) respectively, and, in the new subsection
(f), by substituting "III" for "IV" and "5314" for "5315." Pub. L. No.
105-304, 112 Stat. 2860, 2887.

3 Title 5 of the *United States Code* is entitled "Government
Organization and Employees."

4 Copyright Office regulations are published in the *Federal Register
[http://www.loc.gov/copyright/fedreg/] *and in title 37, Chapter II,
of the *Code of Federal Regulations.
[http://www.loc.gov/copyright/title37/] *

5 The Work Made for Hire and Copyright Corrections Act of 2000 amended
section 705 by rewriting paragraph (a). Pub. L. No. 106-379, 114 Stat.
1444, 1445.

6 The Copyright Fees and Technical Amendments Act of 1989 amended
section 708 by substituting a new subsection (a), by redesignating
subsections (b) and (c) as subsections (c) and (d), respectively, and by
adding a new subsection (b). Pub. L. No. 101-318, 104 Stat. 287. The Act
states that these amendments "shall take effect 6 months after the date
of the enactment of this Act" and shall apply to:

(A) claims to original, supplementary, and renewal copyright received
for registration, and to items received for recordation in the Copyright
Office, on or after such effective date, and

(B) other requests for services received on or after such effective
date, or received before such effective date for services not yet
rendered as of such date.

With respect to prior claims, the Act states that claims to original,
supplementary, and renewal copyright received for registration and items
received for recordation in acceptable form in the Copyright Office
before the above mentioned effective date, and requests for services
which are rendered before such effective date "shall be governed by
section 708 of title 17, United States Code, as in effect before such
effective date." Pub. L. No. 101-318, 104 Stat. 287, 288.

The Copyright Renewal Act of 1992 amended paragraph (2) of section
708(a) by striking the words "in its first term" and by substituting
"$20" in lieu of "$12." Pub. L. No. 102-307, 106 Stat. 264, 266.

In 1997, section 708 was amended by rewriting subsections (b) and (d) in
their entirety. Pub. L. No. 105-80, 111 Stat. 1529, 1532.

The Work Made for Hire and Copyright Corrections Act of 2000 amended
section 708 by rewriting subsection (a), by substituting new language
for the first sentence in subsection (b) and by substituting
"adjustment" for "increase" in paragraph (b)(1), the word "adjust" for
"increase" in paragraph (b)(2) and the word "adjusted" for "increased"
in paragraph (b)(5). Pub. L. No. 106-379, 114 Stat. 1444, 1445. The Act
also stated that "The fees under section 708(a) of title 17, United
States Code, on the date of the enactment of this Act shall be the fees
in effect under section 708(a) of such title on the day before such date
of enactment."

7 The current fees may be found in the *Code of Federal Regulations,
[http://www.loc.gov/copyright/title37/] * at 37 C.F.R. Sec. 201.3,
[http://www.loc.gov/copyright/title37/] as authorized by Pub. L. No.
105-80, 111 Stat. 1529, 1532. In Pub. L. No. 105-80, Congress amended
section 708(b) to require that the Register of Copyrights establish fees
by regulation.

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

Chapter 8 [1]

Copyright Arbitration Royalty Panels

+ 801. Copyright arbitration royalty panels: Establishment and purpose
+ 802. Membership and proceedings of copyright arbitration royalty
panels
+ 803. Institution and conclusion of proceedings


Section 801. Copyright arbitration royalty panels: Establishment and
purpose [2]

(a) Establishment. The Librarian of Congress, upon the recommendation of
the Register of Copyrights, is authorized to appoint and convene
copyright arbitration royalty panels.

(b) Purposes. Subject to the provisions of this chapter, the purposes of
the copyright arbitration royalty panels shall be as follows:

(1) To make determinations concerning the adjustment of reasonable
copyright royalty rates as provided in sections 114, 115, 116, and 119,
and to make determinations as to reasonable terms and rates of royalty
payments as provided in section 118. The rates applicable under sections
114(f)(1)(B), 115, and 116 shall be calculated to achieve the following
objectives:

(A) To maximize the availability of creative works to the public;

(B) To afford the copyright owner a fair return for his creative work
and the copyright user a fair income under existing economic conditions;

(C) To reflect the relative roles of the copyright owner and the
copyright user in the product made available to the public with respect
to relative creative contribution, technological contribution, capital
investment, cost, risk, and contribution to the opening of new markets
for creative expression and media for their communication;

(D) To minimize any disruptive impact on the structure of the industries
involved and on generally prevailing industry practices.

(2) To make determinations concerning the adjustment of the copyright
royalty rates in section 111 solely in accordance with the following
provisions:

(A) The rates established by section 111(d)(1)(B) may be adjusted to
reflect (i) national monetary inflation or deflation or (ii) changes in
the average rates charged cable subscribers for the basic service of
providing secondary transmissions to maintain the real constant dollar
level of the royalty fee per subscriber which existed as of the date of
enactment of this Act: *Provided*, That if the average rates charged
cable system subscribers for the basic service of providing secondary
transmissions are changed so that the average rates exceed national
monetary inflation, no change in the rates established by section 111(d)
(1)(B) shall be permitted: *And provided further, *That no increase in
the royalty fee shall be permitted based on any reduction in the average
number of distant signal equivalents per subscriber. The copyright
arbitration royalty panels may consider all factors relating to the
maintenance of such level of payments including, as an extenuating
factor, whether the industry has been restrained by subscriber rate
regulating authorities from increasing the rates for the basic service
of providing secondary transmissions.

(B) In the event that the rules and regulations of the Federal
Communications Commission are amended at any time after April 15, 1976,
to permit the carriage by cable systems of additional television
broadcast signals beyond the local service area of the primary
transmitters of such signals, the royalty rates established by section
111(d)(1)(B) may be adjusted to insure that the rates for the additional
distant signal equivalents resulting from such carriage are reasonable
in the light of the changes effected by the amendment to such rules and
regulations. In determining the reasonableness of rates proposed
following an amendment of Federal Communications Commission rules and
regulations, the copyright arbitration royalty panels shall consider,
among other factors, the economic impact on copyright owners and users:
*Provided*, That no adjustment in royalty rates shall be made under this
subclause with respect to any distant signal equivalent or fraction
thereof represented by (i) carriage of any signal permitted under the
rules and regulations of the Federal Communications Commission in effect
on April 15, 1976, or the carriage of a signal of the same type (that
is, independent, network, or noncommercial educational) substituted for
such permitted signal, or (ii) a television broadcast signal first
carried after April 15, 1976, pursuant to an individual waiver of the
rules and regulations of the Federal Communications Commission, as such
rules and regulations were in effect on April 15,1976.

(C) In the event of any change in the rules and regulations of the
Federal Communications Commission with respect to syndicated and sports
program exclusivity after April 15, 1976, the rates established by
section 111(d)(1)(B) may be adjusted to assure that such rates are
reasonable in light of the changes to such rules and regulations, but
any such adjustment shall apply only to the affected television
broadcast signals carried on those systems affected by the change.

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