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George Meredith - "The Adventures of Harry Richmond, v6"

Margaret Warde - "Betty Wales, Sophomore"

Annie Fellows Johnston - "Georgina of the Rainbows"

Anthony Trollope - "George Walker At Suez"

Copyright Law of the United States of America

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




(i) Definition. In this subparagraph, the term "public broadcasting
entity" has the meaning given such term under section 118(g).

(ii) In general. In the case of a nonprofit library, archives,
educational institution, or public broadcasting entity, the court shall
remit damages in any case in which the library, archives, educational
institution, or public broadcasting entity sustains the burden of
proving, and the court finds, that the library, archives, educational
institution, or public broadcasting entity was not aware and had no
reason to believe that its acts constituted a violation.


Section 1204. Criminal offenses and penalties [5]

(a) In General. Any person who violates section 1201 or 1202 willfully
and for purposes of commercial advantage or private financial gain-

(1) shall be fined not more than $500,000 or imprisoned for not more
than 5 years, or both, for the first offense; and

(2) shall be fined not more than $1,000,000 or imprisoned for not more
than 10 years, or both, for any subsequent offense.

(b) Limitation for Nonprofit Library, Archives, Educational Institution,
or Public Broadcasting Entity. Subsection (a) shall not apply to a
nonprofit library, archives, educational institution, or public
broadcasting entity (as defined under section 118(g)).

(c) Statute of Limitations. No criminal proceeding shall be brought
under this section unless such proceeding is commenced within five years
after the cause of action arose.


Section 1205. Savings clause

Nothing in this chapter abrogates, diminishes, or weakens the provisions
of, nor provides any defense or element of mitigation in a criminal
prosecution or civil action under, any Federal or State law that
prevents the violation of the privacy of an individual in connection
with the individual's use of the Internet.

-------------------
Chapter 12 Endnotes

1 The WIPO Copyright and Performances and Phonograms Treaties
Implementation Act of 1998 added chapter 12, entitled "Copyright
Protection and Management Systems," to title 17. Pub. L. No. 105-304,
112 Stat. 2860, 2863. The WIPO Copyright and Performances and Phonograms
Treaties Implementation Act of 1998 is title I of the Digital Millennium
Copyright Act. Pub. L. No. 105-304, 112 Stat. 2860.

2 The Satellite Home Viewer Improvement Act of 1999 amended section
1201(a)(1)(C) by deleting "on the record." Pub. L. No. 106-113, 113
Stat. 1501, app. I at 1501A-594.

3 In 1999, section 1202 was amended by inserting "category of works"
for "category or works," in subsection (e)(2)(B). Pub. L. No. 106-44,
113 Stat. 221, 222.

4 The Satellite Home Viewer Improvement Act of 1999 amended section
1203(c)(5)(B) in its entirety. Pub. L. No. 106-113, 113 Stat. 1501, app.
I at 1501A-593.

5 The Satellite Home Viewer Improvement Act of 1999 amended section
1204(b) in its entirety. Pub. L. No. 106-113, 113 Stat. 1501, app. I at
1501A-593.

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

Chapter 13 [1]

Protection of Original Designs

+ 1301. Designs protected
+ 1302. Designs not subject to protection
+ 1303. Revisions, adaptations, and rearrangements
+ 1304. Commencement of protection
+ 1305. Term of protection
+ 1306. Design notice
+ 1307. Effect of omission of notice
+ 1308. Exclusive rights
+ 1309. Infringement
+ 1310. Application for registration
+ 1311. Benefit of earlier filing date in foreign country
+ 1312. Oaths and acknowledgments
+ 1313. Examination of application and issue or refusal of
registration
+ 1314. Certification of registration
+ 1315. Publication of announcements and indexes
+ 1316. Fees
+ 1317. Regulations
+ 1318. Copies of records
+ 1319. Correction of errors in certificates
+ 1320. Ownership and transfer
+ 1321. Remedy for infringement
+ 1322. Injunctions
+ 1323. Recovery for infringement
+ 1324. Power of court over registration
+ 1325. Liability for action on registration fraudulently obtained
+ 1326. Penalty for false marking
+ 1327. Penalty for false representation
+ 1328. Enforcement by Treasury and Postal Service
+ 1329. Relation to design patent law
+ 1330. Common law and other rights unaffected
+ 1331. Administrator; Office of the Administrator
+ 1332. No retroactive effect


Section 1301. Designs protected [3]

(a) Designs Protected.

(1) In General. The designer or other owner of an original design of a
useful article which makes the article attractive or distinctive in
appearance to the purchasing or using public may secure the protection
provided by this chapter upon complying with and subject to this
chapter.

(2) Vessel Hulls. The design of a vessel hull, including a plug or mold,
is subject to protection under this chapter, notwithstanding section
1302(4).

(b) Definitions. For the purpose of this chapter, the following terms
have the following meanings:

(1) A design is "original" if it is the result of the designer's
creative endeavor that provides a distinguishable variation over prior
work pertaining to similar articles which is more than merely trivial
and has not been copied from another source.

(2) A "useful article" is a vessel hull, including a plug or mold, which
in normal use has an intrinsic utilitarian function that is not merely
to portray the appearance of the article or to convey information. An
article which normally is part of a useful article shall be deemed to be
a useful article.

(3) A "vessel" is a craft-

(A) that is designed and capable of independently steering a course on
or through water through its own means of propulsion; and

(B) that is designed and capable of carrying and transporting one or
more passengers.

(4) A "hull" is the frame or body of a vessel, including the deck of a
vessel, exclusive of masts, sails, yards, and rigging.

(5) A "plug" means a device or model used to make a mold for the purpose
of exact duplication, regardless of whether the device or model has an
intrinsic utilitarian function that is not only to portray the
appearance of the product or to convey information.

(6) A "mold" means a matrix or form in which a substance for material is
used, regardless of whether the matrix or form has an intrinsic
utilitarian function that is not only to portray the appearance of the
product or to convey information.


Section 1302. Designs not subject to protection [3]

Protection under this chapter shall not be available for a design that
is-

(1) not original;

(2) staple or commonplace, such as a standard geometric figure, a
familiar symbol, an emblem, or a motif, or another shape, pattern, or
configuration which has become standard, common, prevalent, or ordinary;

(3) different from a design excluded by paragraph (2) only in
insignificant details or in elements which are variants commonly used in
the relevant trades;

(4) dictated solely by a utilitarian function of the article that
embodies it; or

(5) embodied in a useful article that was made public by the designer or
owner in the United States or a foreign country more than 2 years before
the date of the application for registration under this chapter.


Section 1303. Revisions, adaptations, and rearrangements

Protection for a design under this chapter shall be available
notwithstanding the employment in the design of subject matter excluded
from protection under section 1302 if the design is a substantial
revision, adaptation, or rearrangement of such subject matter. Such
protection shall be independent of any subsisting protection in subject
matter employed in the design, and shall not be construed as securing
any right to subject matter excluded from protection under this chapter
or as extending any subsisting protection under this chapter.


Section 1304. Commencement of protection

The protection provided for a design under this chapter shall commence
upon the earlier of the date of publication of the registration under
section 1313(a) or the date the design is first made public as defined
by section 1310(b).


Section 1305. Term of protection

(a) In General. Subject to subsection (b), the protection provided under
this chapter for a design shall continue for a term of 10 years
beginning on the date of the commencement of protection under section
1304.

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

(c) Termination of Rights. Upon expiration or termination of protection
in a particular design under this chapter, all rights under this chapter
in the design shall terminate, regardless of the number of different
articles in which the design may have been used during the term of its
protection.


Section 1306. Design notice

(a) Contents of Design Notice.

(1) Whenever any design for which protection is sought under this
chapter is made public under section 1310(b), the owner of the design
shall, subject to the provisions of section 1307, mark it or have it
marked legibly with a design notice consisting of

(A) the words "Protected Design", the abbreviation "Prot'd Des.", or the
letter "D" with a circle, or the symbol "*D*";

(B) the year of the date on which protection for the design commenced;
and

(C) the name of the owner, an abbreviation by which the name can be
recognized, or a generally accepted alternative designation of the
owner.

Any distinctive identification of the owner may be used for purposes of
subparagraph (C) if it has been recorded by the Administrator before the
design marked with such identification is registered.

(2) After registration, the registration number may be used instead of
the elements specified in subparagraphs (B) and (C) of paragraph (1).

(b) Location of Notice. The design notice shall be so located and
applied as to give reasonable notice of design protection while the
useful article embodying the design is passing through its normal
channels of commerce.

(c) Subsequent Removal of Notice. When the owner of a design has
complied with the provisions of this section, protection under this
chapter shall not be affected by the removal, destruction, or
obliteration by others of the design notice on an article.


Section 1307. Effect of omission of notice

(a) Actions with Notice. Except as provided in subsection (b), the
omission of the notice prescribed in section 1306 shall not cause loss
of the protection under this chapter or prevent recovery for
infringement under this chapter against any person who, after receiving
written notice of the design protection, begins an undertaking leading
to infringement under this chapter.

(b) Actions without Notice. The omission of the notice prescribed in
section 1306 shall prevent any recovery under section 1323 against a
person who began an undertaking leading to infringement under this
chapter before receiving written notice of the design protection. No
injunction shall be issued under this chapter with respect to such
undertaking unless the owner of the design reimburses that person for
any reasonable expenditure or contractual obligation in connection with
such undertaking that was incurred before receiving written notice of
the design protection, as the court in its discretion directs. The
burden of providing written notice of design protection shall be on the
owner of the design.


Section 1308. Exclusive rights

The owner of a design protected under this chapter has the exclusive
right to-

(1) make, have made, or import, for sale or for use in trade, any useful
article embodying that design; and

(2) sell or distribute for sale or for use in trade any useful article
embodying that design.


Section 1309. Infringement

(a) Acts of Infringement. Except as provided in subsection (b), it shall
be infringement of the exclusive rights in a design protected under this
chapter for any person, without the consent of the owner of the design,
within the United States and during the term of such protection, to-

(1) make, have made, or import, for sale or for use in trade, any
infringing article as defined in subsection (e); or

(2) sell or distribute for sale or for use in trade any such infringing
article.

(b) Acts of Sellers and Distributors. A seller or distributor of an
infringing article who did not make or import the article shall be
deemed to have infringed on a design protected under this chapter only
if that person-

(1) induced or acted in collusion with a manufacturer to make, or an
importer to import such article, except that merely purchasing or giving
an order to purchase such article in the ordinary course of business
shall not of itself constitute such inducement or collusion; or

(2) refused or failed, upon the request of the owner of the design, to
make a prompt and full disclosure of that person's source of such
article, and that person orders or reorders such article after receiving
notice by registered or certified mail of the protection subsisting in
the design.

(c) Acts without Knowledge. It shall not be infringement under this
section to make, have made, import, sell, or distribute, any article
embodying a design which was created without knowledge that a design was
protected under this chapter and was copied from such protected design.

(d) Acts in Ordinary Course of Business. A person who incorporates into
that person's product of manufacture an infringing article acquired from
others in the ordinary course of business, or who, without knowledge of
the protected design embodied in an infringing article, makes or
processes the infringing article for the account of another person in
the ordinary course of business, shall not be deemed to have infringed
the rights in that design under this chapter except under a condition
contained in paragraph (1) or (2) of subsection (b). Accepting an order
or reorder from the source of the infringing article shall be deemed
ordering or reordering within the meaning of subsection (b)(2).

(e) Infringing Article Defined. As used in this section, an "infringing
article" is any article the design of which has been copied from a
design protected under this chapter, without the consent of the owner of
the protected design. An infringing article is not an illustration or
picture of a protected design in an advertisement, book, periodical,
newspaper, photograph, broadcast, motion picture, or similar medium. A
design shall not be deemed to have been copied from a protected design
if it is original and not substantially similar in appearance to a
protected design.

(f) Establishing Originality. The party to any action or proceeding
under this chapter who alleges rights under this chapter in a design
shall have the burden of establishing the design's originality whenever
the opposing party introduces an earlier work which is identical to such
design, or so similar as to make prima facie showing that such design
was copied from such work.

(g) Reproduction for Teaching or Analysis. It is not an infringement of
the exclusive rights of a design owner for a person to reproduce the
design in a useful article or in any other form solely for the purpose
of teaching, analyzing, or evaluating the appearance, concepts, or
techniques embodied in the design, or the function of the useful article
embodying the design.


Section 1310. Application for registration

(a) Time Limit for Application for Registration. Protection under this
chapter shall be lost if application for registration of the design is
not made within 2 years after the date on which the design is first made
public.

(b) When Design is Made Public. A design is made public when an existing
useful article embodying the design is anywhere publicly exhibited,
publicly distributed, or offered for sale or sold to the public by the
owner of the design or with the owner's consent.

(c) Application by Owner of Design. Application for registration may be
made by the owner of the design.

(d) Contents of Application. The application for registration shall be
made to the Administrator and shall state-

(1) the name and address of the designer or designers of the design;

(2) the name and address of the owner if different from the designer;

(3) the specific name of the useful article embodying the design;

(4) the date, if any, that the design was first made public, if such
date was earlier than the date of the application;

(5) affirmation that the design has been fixed in a useful article; and

(6) such other information as may be required by the Administrator.

The application for registration may include a description setting forth
the salient features of the design, but the absence of such a
description shall not prevent registration under this chapter.

(e) Sworn Statement. The application for registration shall be
accompanied by a statement under oath by the applicant or the
applicant's duly authorized agent or representative, setting forth, to
the best of the applicant's knowledge and belief-

(1) that the design is original and was created by the designer or
designers named in the application;

(2) that the design has not previously been registered on behalf of the
applicant or the applicant's predecessor in title; and

(3) that the applicant is the person entitled to protection and to
registration under this chapter.

If the design has been made public with the design notice prescribed in
section 1306, the statement shall also describe the exact form and
position of the design notice.

(f) Effect of Errors. (1) Error in any statement or assertion as to the
utility of the useful article named in the application under this
section, the design of which is sought to be registered, shall not
affect the protection secured under this chapter.

(2) Errors in omitting a joint designer or in naming an alleged joint
designer shall not affect the validity of the registration, or the
actual ownership or the protection of the design, unless it is shown
that the error occurred with deceptive intent.

(g) Design Made in Scope of Employment. In a case in which the design
was made within the regular scope of the designer's employment and
individual authorship of the design is difficult or impossible to
ascribe and the application so states, the name and address of the
employer for whom the design was made may be stated instead of that of
the individual designer.

(h) Pictorial Representation of Design. The application for registration
shall be accompanied by two copies of a drawing or other pictorial
representation of the useful article embodying the design, having one or
more views, adequate to show the design, in a form and style suitable
for reproduction, which shall be deemed a part of the application.

(i) Design in More Than One Useful Article. If the distinguishing
elements of a design are in substantially the same form in different
useful articles, the design shall be protected as to all such useful
articles when protected as to one of them, but not more than one
registration shall be required for the design.

(j) Application for More Than One Design. More than one design may be
included in the same application under such conditions as may be
prescribed by the Administrator. For each design included in an
application the fee prescribed for a single design shall be paid.


Section 1311. Benefit of earlier filing date in foreign country

An application for registration of a design filed in the United States
by any person who has, or whose legal representative or predecessor or
successor in title has, previously filed an application for registration
of the same design in a foreign country which extends to designs of
owners who are citizens of the United States, or to applications filed
under this chapter, similar protection to that provided under this
chapter shall have that same effect as if filed in the United States on
the date on which the application was first filed in such foreign
country, if the application in the United States is filed within 6
months after the earliest date on which any such foreign application was
filed.


Section 1312. Oaths and acknowledgments

(a) In General. Oaths and acknowledgments required by this chapter-

(1) may be made-

(A) before any person in the United States authorized by law to
administer oaths; or

(B) when made in a foreign country, before any diplomatic or consular
officer of the United States authorized to administer oaths, or before
any official authorized to administer oaths in the foreign country
concerned, whose authority shall be proved by a certificate of a
diplomatic or consular officer of the United States; and

(2) shall be valid if they comply with the laws of the State or country
where made.

(b) Written Declaration in Lieu of Oath. (1) The Administrator may by
rule prescribe that any document which is to be filed under this chapter
in the Office of the Administrator and which is required by any law,
rule, or other regulation to be under oath, may be subscribed to by a
written declaration in such form as the Administrator may prescribe, and
such declaration shall be in lieu of the oath otherwise required.

(2) Whenever a written declaration under paragraph (1) is used, the
document containing the declaration shall state that willful false
statements are punishable by fine or imprisonment, or both, pursuant to
section 1001 of title 18, and may jeopardize the validity of the
application or document or a registration resulting therefrom.


Section 1313. Examination of application and issue or refusal of
registration [4]

(a) Determination of Registrability of Design; Registration.

Upon the filing of an application for registration in proper form under
section 1310, and upon payment of the fee prescribed under section 1316,
the Administrator shall determine whether or not the application relates
to a design which on its face appears to be subject to protection under
this chapter, and, if so, the Register shall register the design.
Registration under this subsection shall be announced by publication.
The date of registration shall be the date of publication.

(b) Refusal To Register; Reconsideration. If, in the judgment of the
Administrator, the application for registration relates to a design
which on its face is not subject to protection under this chapter, the
Administrator shall send to the applicant a notice of refusal to
register and the grounds for the refusal. Within 3 months after the date
on which the notice of refusal is sent, the applicant may, by written
request, seek reconsideration of the application. After consideration of
such a request, the Administrator shall either register the design or
send to the applicant a notice of final refusal to register.

(c) Application To Cancel Registration. Any person who believes he or
she is or will be damaged by a registration under this chapter may, upon
payment of the prescribed fee, apply to the Administrator at any time to
cancel the registration on the ground that the design is not subject to
protection under this chapter, stating the reasons for the request. Upon
receipt of an application for cancellation, the Administrator shall send
to the owner of the design, as shown in the records of the Office of the
Administrator, a notice of the application, and the owner shall have a
period of 3 months after the date on which such notice is mailed in
which to present arguments to the Administrator for support of the
validity of the registration. The Administrator shall also have the
authority to establish, by regulation, conditions under which the
opposing parties may appear and be heard in support of their arguments.
If, after the periods provided for the presentation of arguments have
expired, the Administrator determines that the applicant for
cancellation has established that the design is not subject to
protection under this chapter, the Administrator shall order the
registration stricken from the record. Cancellation under this
subsection shall be announced by publication, and notice of the
Administrator's final determination with respect to any application for
cancellation shall be sent to the applicant and to the owner of record.
Costs of the cancellation procedure under this subsection shall be borne
by the nonprevailing party or parties, and the Administrator shall have
the authority to assess and collect such costs.


Section 1314. Certification of registration

Certificates of registration shall be issued in the name of the United
States under the seal of the Office of the Administrator and shall be
recorded in the official records of the Office. The certificate shall
state the name of the useful article, the date of filing of the
application, the date of registration, and the date the design was made
public, if earlier than the date of filing of the application, and shall
contain a reproduction of the drawing or other pictorial representation
of the design. If a description of the salient features of the design
appears in the application, the description shall also appear in the
certificate. A certificate of registration shall be admitted in any
court as prima facie evidence of the facts stated in the certificate.

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