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

Frederich Schiller - "The Revolt of The Netherlands, Book I."

Nathaniel Hawthorne - "A Book of Autographs"

Nathaniel Hawthorne - "Fancy's ShowBox (From Twice Told Tales)"

G. Harvey Ralphson - "Boy Scouts in a Submarine"

Copyright Law of the United States of America

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




(c)(1) Any document pertaining to a mask work may be recorded in the
Copyright Office if the document filed for recordation bears the actual
signature of the person who executed it, or if it is accompanied by a
sworn or official certification that it is a true copy of the original,
signed document. The Register of Copyrights shall, upon receipt of the
document and the fee specified pursuant to section 908(d), record the
document and return it with a certificate of recordation. The
recordation of any transfer or license under this paragraph gives all
persons constructive notice of the facts stated in the recorded document
concerning the transfer or license.

(2) In any case in which conflicting transfers of the exclusive rights
in a mask work are made, the transfer first executed shall be void as
against a subsequent transfer which is made for a valuable consideration
and without notice of the first transfer, unless the first transfer is
recorded in accordance with paragraph (1) within three months after the
date on which it is executed, but in no case later than the day before
the date of such subsequent transfer.

(d) Mask works prepared by an officer or employee of the United States
Government as part of that person's official duties are not protected
under this chapter, but the United States Government is not precluded
from receiving and holding exclusive rights in mask works transferred to
the Government under subsection (b).


Section 904. Duration of protection

(a) The protection provided for a mask work under this chapter shall
commence on the date on which the mask work is registered under section
908, or the date on which the mask work is first commercially exploited
anywhere in the world, whichever occurs first.

(b) Subject to subsection (c) and the provisions of this chapter, the
protection provided under this chapter to a mask work shall end ten
years after the date on which such protection commences under subsection
(a).

(c) All terms of protection provided in this section shall run to the
end of the calendar year in which they would otherwise expire.


Section 905. Exclusive rights in mask works

The owner of a mask work provided protection under this chapter has the
exclusive rights to do and to authorize any of the following:

(1) to reproduce the mask work by optical, electronic, or any other
means;

(2) to import or distribute a semiconductor chip product in which the
mask work is embodied; and

(3) to induce or knowingly to cause another person to do any of the acts
described in paragraphs (1) and (2).

Section 906. Limitation on exclusive rights: reverse engineering; first
sale

(a) Notwithstanding the provisions of section 905, it is not an
infringement of the exclusive rights of the owner of a mask work for-

(1) a person to reproduce the mask work solely for the purpose of
teaching, analyzing, or evaluating the concepts or techniques embodied
in the mask work or the circuitry, logic flow, or organization of
components used in the mask work; or

(2) a person who performs the analysis or evaluation described in
paragraph (1) to incorporate the results of such conduct in an original
mask work which is made to be distributed.

(b) Notwithstanding the provisions of section 905(2), the owner of a
particular semiconductor chip product made by the owner of the mask
work, or by any person authorized by the owner of the mask work, may
import, distribute, or otherwise dispose of or use, but not reproduce,
that particular semiconductor chip product without the authority of the
owner of the mask work.


Section 907. Limitation on exclusive rights: innocent infringement

(a) Notwithstanding any other provision of this chapter, an innocent
purchaser of an infringing semiconductor chip product-

(1) shall incur no liability under this chapter with respect to the
importation or distribution of units of the infringing semiconductor
chip product that occurs before the innocent purchaser has notice of
protection with respect to the mask work embodied in the semiconductor
chip product; and

(2) shall be liable only for a reasonable royalty on each unit of the
infringing semiconductor chip product that the innocent purchaser
imports or distributes after having notice of protection with respect to
the mask work embodied in the semiconductor chip product.

(b) The amount of the royalty referred to in subsection (a)(2) shall be
determined by the court in a civil action for infringement unless the
parties resolve the issue by voluntary negotiation, mediation, or
binding arbitration.

(c) The immunity of an innocent purchaser from liability referred to in
subsection (a)(1) and the limitation of remedies with respect to an
innocent purchaser referred to in subsection (a)(2) shall extend to any
person who directly or indirectly purchases an infringing semiconductor
chip product from an innocent purchaser.

(d) The provisions of subsections (a), (b), and (c) apply only with
respect to those units of an infringing semiconductor chip product that
an innocent purchaser purchased before having notice of protection with
respect to the mask work embodied in the semiconductor chip product.


Section 908. Registration of claims of protection

(a) The owner of a mask work may apply to the Register of Copyrights for
registration of a claim of protection in a mask work. Protection of a
mask work under this chapter shall terminate if application for
registration of a claim of protection in the mask work is not made as
provided in this chapter within two years after the date on which the
mask work is first commercially exploited anywhere in the world.

(b) The Register of Copyrights shall be responsible for all
administrative functions and duties under this chapter. Except for
section 708, the provisions of chapter 7 of this title relating to the
general responsibilities, organization, regulatory authority, actions,
records, and publications of the Copyright Office shall apply to this
chapter, except that the Register of Copyrights may make such changes as
may be necessary in applying those provisions to this chapter.

(c) The application for registration of a mask work shall be made on a
form prescribed by the Register of Copyrights. Such form may require any
information regarded by the Register as bearing upon the preparation or
identification of the mask work, the existence or duration of protection
of the mask work under this chapter, or ownership of the mask work. The
application shall be accompanied by the fee set pursuant to subsection
(d) and the identifying material specified pursuant to such subsection.

(d) The Register of Copyrights shall by regulation set reasonable fees
for the filing of applications to register claims of protection in mask
works under this chapter, and for other services relating to the
administration of this chapter or the rights under this chapter, taking
into consideration the cost of providing those services, the benefits of
a public record, and statutory fee schedules under this title. The
Register shall also specify the identifying material to be deposited in
connection with the claim for registration.

(e) If the Register of Copyrights, after examining an application for
registration, determines, in accordance with the provisions of this
chapter, that the application relates to a mask work which is entitled
to protection under this chapter, then the Register shall register the
claim of protection and issue to the applicant a certificate of
registration of the claim of protection under the seal of the Copyright
Office. The effective date of registration of a claim of protection
shall be the date on which an application, deposit of identifying
material, and fee, which are determined by the Register of Copyrights or
by a court of competent jurisdiction to be acceptable for registration
of the claim, have all been received in the Copyright Office.

(f) In any action for infringement under this chapter, the certificate
of registration of a mask work shall constitute prima facie evidence (1)
of the facts stated in the certificate, and (2) that the applicant
issued the certificate has met the requirements of this chapter, and the
regulations issued under this chapter, with respect to the registration
of claims.

(g) Any applicant for registration under this section who is
dissatisfied with the refusal of the Register of Copyrights to issue a
certificate of registration under this section may seek judicial review
of that refusal by bringing an action for such review in an appropriate
United States district court not later than sixty days after the
refusal. The provisions of chapter 7 of title 5 shall apply to such
judicial review. The failure of the Register of Copyrights to issue a
certificate of registration within four months after an application for
registration is filed shall be deemed to be a refusal to issue a
certificate of registration for purposes of this subsection and section
910(b)(2), except that, upon a showing of good cause, the district court
may shorten such four-month period.


Section 909. Mask work notice [4]

(a) The owner of a mask work provided protection under this chapter may
affix notice to the mask work, and to masks and semiconductor chip
products embodying the mask work, in such manner and location as to give
reasonable notice of such protection. The Register of Copyrights shall
prescribe by regulation, as examples, specific methods of affixation and
positions of notice for purposes of this section, but these
specifications shall not be considered exhaustive. The affixation of
such notice is not a condition of protection under this chapter, but
shall constitute prima facie evidence of notice of protection.

(b) The notice referred to in subsection (a) shall consist of-

(1) the words "mask work", the symbol *M*, or the symbol [M in a circle]
(the letter M in a circle); and

(2) the name of the owner or owners of the mask work or an abbreviation
by which the name is recognized or is generally known.


Section 910. Enforcement of exclusive rights [5]

(a) Except as otherwise provided in this chapter, any person who
violates any of the exclusive rights of the owner of a mask work under
this chapter, by conduct in or affecting commerce, shall be liable as an
infringer of such rights. As used in this subsection, the term "any
person" 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 chapter
in the same manner and to the same extent as any nongovernmental entity.

(b)(1) The owner of a mask work protected under this chapter, or the
exclusive licensee of all rights under this chapter with respect to the
mask work, shall, after a certificate of registration of a claim of
protection in that mask work has been issued under section 908, be
entitled to institute a civil action for any infringement with respect
to the mask work which is committed after the commencement of protection
of the mask work under section 904(a).

(2) In any case in which an application for registration of a claim of
protection in a mask work and the required deposit of identifying
material and fee have been received in the Copyright Office in proper
form and registration of the mask work has been refused, the applicant
is entitled to institute a civil action for infringement under this
chapter with respect to the mask work if notice of the action, together
with a copy of the complaint, is served on the Register of Copyrights,
in accordance with the Federal Rules of Civil Procedure. The Register
may, at his or her option, become a party to the action with respect to
the issue of whether the claim of protection is eligible for
registration by entering an appearance within sixty days after such
service, but the failure of the Register to become a party to the action
shall not deprive the court of jurisdiction to determine that issue.

(c)(1) The Secretary of the Treasury and the United States Postal
Service shall separately or jointly issue regulations for the
enforcement of the rights set forth in section 905 with respect to
importation. These regulations may require, as a condition for the
exclusion of articles from the United States, that the person seeking
exclusion take any one or more of the following actions:

(A) Obtain a court order enjoining, or an order of the International
Trade Commission under section 337 of the Tariff Act of 1930 excluding,
importation of the articles.

(B) Furnish proof that the mask work involved is protected under this
chapter and that the importation of the articles would infringe the
rights in the mask work under this chapter.

(C) Post a surety bond for any injury that may result if the detention
or exclusion of the articles proves to be unjustified.

(2) Articles imported in violation of the rights set forth in section
905 are subject to seizure and forfeiture in the same manner as property
imported in violation of the customs laws. Any such forfeited articles
shall be destroyed as directed by the Secretary of the Treasury or the
court, as the case may be, except that the articles may be returned to
the country of export whenever it is shown to the satisfaction of the
Secretary of the Treasury that the importer had no reasonable grounds
for believing that his or her acts constituted a violation of the law.


Section 911. Civil actions [6]

(a) Any court having jurisdiction of a civil action arising under this
chapter may grant temporary restraining orders, preliminary injunctions,
and permanent injunctions on such terms as the court may deem reasonable
to prevent or restrain infringement of the exclusive rights in a mask
work under this chapter.

(b) Upon finding an infringer liable, to a person entitled under section
910(b)(1) to institute a civil action, for an infringement of any
exclusive right under this chapter, the court shall award such person
actual damages suffered by the person as a result of the infringement.
The court shall also award such person the infringer's profits that are
attributable to the infringement and are not taken into account in
computing the award of actual damages. In establishing the infringer's
profits, such person 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 mask work.

(c) At any time before final judgment is rendered, a person entitled to
institute a civil action for infringement may elect, instead of actual
damages and profits as provided by subsection (b), an award of statutory
damages for all infringements involved in the action, with respect to
any one mask work for which any one infringer is liable individually, or
for which any two or more infringers are liable jointly and severally,
in an amount not more than $250,000 as the court considers just.

(d) An action for infringement under this chapter shall be barred unless
the action is commenced within three years after the claim accrues.

(e)(1) At any time while an action for infringement of the exclusive
rights in a mask work under this chapter is pending, the court may order
the impounding, on such terms as it may deem reasonable, of all
semiconductor chip products, and any drawings, tapes, masks, or other
products by means of which such products may be reproduced, that are
claimed to have been made, imported, or used in violation of those
exclusive rights. Insofar as practicable, applications for orders under
this paragraph shall be heard and determined in the same manner as an
application for a temporary restraining order or preliminary injunction.

(2) As part of a final judgment or decree, the court may order the
destruction or other disposition of any infringing semiconductor chip
products, and any masks, tapes, or other articles by means of which such
products may be reproduced.

(f) In any civil action arising under this chapter, the court in its
discretion may allow the recovery of full costs, including reasonable
attorneys' fees, to the prevailing party.

(g)(1) 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, shall not be immune, under the Eleventh Amendment of
the Constitution of the United States or under any other doctrine of
sovereign immunity, from suit in Federal court by any person, including
any governmental or nongovernmental entity, for a violation of any of
the exclusive rights of the owner of a mask work under this chapter, or
for any other violation under this chapter.

(2) In a suit described in paragraph (1) for a violation described in
that paragraph, remedies (including remedies both at law and in equity)
are available for the violation to the same extent as such remedies are
available for such a violation in a suit against any public or private
entity other than a State, instrumentality of a State, or officer or
employee of a State acting in his or her official capacity. Such
remedies include actual damages and profits under subsection (b),
statutory damages under subsection (c), impounding and disposition of
infringing articles under subsection (e), and costs and attorney's fees
under subsection (f).


Section 912. Relation to other laws [7]

(a) Nothing in this chapter shall affect any right or remedy held by any
person under chapters 1 through 8 or 10 of this title, or under title
35.

(b) Except as provided in section 908(b) of this title, references to
"this title" or "title 17" in chapters 1 through 8 or 10 of this title
shall be deemed not to apply to this chapter.

(c) The provisions of this chapter shall preempt the laws of any State
to the extent those laws provide any rights or remedies with respect to
a mask work which are equivalent to those rights or remedies provided by
this chapter, except that such preemption shall be effective only with
respect to actions filed on or after January 1, 1986.

(d) Notwithstanding subsection (c), nothing in this chapter shall
detract from any rights of a mask work owner, whether under Federal law
(exclusive of this chapter) or under the common law or the statutes of a
State, heretofore or hereafter declared or enacted, with respect to any
mask work first commercially exploited before July 1, 1983.


Section 913. Transitional provisions

(a) No application for registration under section 908 may be filed, and
no civil action under section 910 or other enforcement proceeding under
this chapter may be instituted, until sixty days after the date of the
enactment of this chapter.

(b) No monetary relief under section 911 may be granted with respect to
any conduct that occurred before the date of the enactment of this
chapter, except as provided in subsection (d).

(c) Subject to subsection (a), the provisions of this chapter apply to
all mask works that are first commercially exploited or are registered
under this chapter, or both, on or after the date of the enactment of
this chapter.

(d)(1) Subject to subsection (a), protection is available under this
chapter to any mask work that was first commercially exploited on or
after July 1, 1983, and before the date of the enactment of this
chapter, if a claim of protection in the mask work is registered in the
Copyright Office before July 1, 1985, under section 908.

(2) In the case of any mask work described in paragraph (1) that is
provided protection under this chapter, infringing semiconductor chip
product units manufactured before the date of the enactment of this
chapter may, without liability under sections 910 and 911, be imported
into or distributed in the United States, or both, until two years after
the date of registration of the mask work under section 908, but only if
the importer or distributor, as the case may be, first pays or offers to
pay the reasonable royalty referred to in section 907(a)(2) to the mask
work owner, on all such units imported or distributed, or both, after
the date of the enactment of this chapter.

(3) In the event that a person imports or distributes infringing
semiconductor chip product units described in paragraph (2) of this
subsection without first paying or offering to pay the reasonable
royalty specified in such paragraph, or if the person refuses or fails
to make such payment, the mask work owner shall be entitled to the
relief provided in sections 910 and 911.


Section 914. International transitional provisions [8]

(a) Notwithstanding the conditions set forth in subparagraphs (A) and
(C) of section 902(a)(1) with respect to the availability of protection
under this chapter to nationals, domiciliaries, and sovereign
authorities of a foreign nation, the Secretary of Commerce may, upon the
petition of any person, or upon the Secretary's own motion, issue an
order extending protection under this chapter to such foreign nationals,
domiciliaries, and sovereign authorities if the Secretary finds-

(1) that the foreign nation is making good faith efforts and reasonable
progress toward-

(A) entering into a treaty described in section 902(a)(1)(A); or

(B) enacting or implementing legislation that would be in compliance
with subparagraph (A) or (B) of section 902(a)(2); and

(2) that the nationals, domiciliaries, and sovereign authorities of the
foreign nation, and persons controlled by them, are not engaged in the
misappropriation, or unauthorized distribution or commercial
exploitation, of mask works; and

(3) that issuing the order would promote the purposes of this chapter
and international comity with respect to the protection of mask works.

(b) While an order under subsection (a) is in effect with respect to a
foreign nation, no application for registration of a claim for
protection in a mask work under this chapter may be denied solely
because the owner of the mask work is a national, domiciliary, or
sovereign authority of that foreign nation, or solely because the mask
work was first commercially exploited in that foreign nation.

(c) Any order issued by the Secretary of Commerce under subsection (a)
shall be effective for such a period as the Secretary designates in the
order, except that no such order may be effective after that date on
which the authority of the Secretary of Commerce terminates under
subsection (e). The effective date of any such order shall also be
designated in the order. In the case of an order issued upon the
petition of a person, such effective date may be no earlier than the
date on which the Secretary receives such petition.

(d)(1) Any order issued under this section shall terminate if-

(A) the Secretary of Commerce finds that any of the conditions set forth
in paragraphs (1), (2), and (3) of subsection (a) no longer exist; or

(B) mask works of nationals, domiciliaries, and sovereign authorities of
that foreign nation or mask works first commercially exploited in that
foreign nation become eligible for protection under subparagraph (A) or
(C) of section 902(a)(1).

(2) Upon the termination or expiration of an order issued under this
section, registrations of claims of protection in mask works made
pursuant to that order shall remain valid for the period specified in
section 904.

(e) The authority of the Secretary of Commerce under this section shall
commence on the date of the enactment of this chapter, and shall
terminate on July 1, 1995.

(f) (1) The Secretary of Commerce shall promptly notify the Register of
Copyrights and the Committees on the Judiciary of the Senate and the
House of Representatives of the issuance or termination of any order
under this section, together with a statement of the reasons for such
action. The Secretary shall also publish such notification and statement
of reasons in the Federal Register.

(2) Two years after the date of the enactment of this chapter, the
Secretary of Commerce, in consultation with the Register of Copyrights,
shall transmit to the Committees on the Judiciary of the Senate and the
House of Representatives a report on the actions taken under this
section and on the current status of international recognition of mask
work protection. The report shall include such recommendation for
modifications of the protection accorded under this chapter to mask
works owned by nationals, domiciliaries, or sovereign authorities of
foreign nations as the Secretary, in consultation with the Register of
Copyrights, considers would promote the purposes of this chapter and
international comity with respect to mask work protection. Not later
than July 1, 1994, the Secretary of Commerce, in consultation with the
Register of Copyrights, shall transmit to the Committees on the
Judiciary of the Senate and the House of Representatives a report
updating the matters contained in the report transmitted under the
preceding sentence.

Author of ‘Conversations With God’ Admits Essay Wasn’t His
A personal Christmas tale posted online by the author Neale Donald Walsch turns out to belong to someone else — the writer Candy Chand, who first published it 10 years ago.

Books of The Times: When Labels Fought the Digital, and the Digital Won
Steve Knopper’s stark accounting of the mistakes major record labels have made in the digital era suggests they are largely responsible for their own demise.

Arts, Briefly: Winfrey Web Site Notes Fabricated Memoir
Oprah.com, the Web site of “The Oprah Winfrey Show,” has posted a disclaimer acknowledging that Herman Rosenblat admitted he had invented portions of his Holocaust memoir.