Copyright Law of the United States of America

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Section 1315. Publication of announcements and indexes

(a) Publications of the Administrator. The Administrator shall publish
lists and indexes of registered designs and cancellations of designs and
may also publish the drawings or other pictorial representations of
registered designs for sale or other distribution.

(b) File of Representatives of Registered Designs. The Administrator
shall establish and maintain a file of the drawings or other pictorial
representations of registered designs. The file shall be available for
use by the public under such conditions as the Administrator may
prescribe.

Section 1316. Fees

The Administrator shall by regulation set reasonable fees for the filing
of applications to register designs under this chapter and for other
services relating to the administration of this chapter, taking into
consideration the cost of providing these services and the benefit of a
public record.

Section 1317. Regulations

The Administrator may establish regulations for the administration of
this chapter.

Section 1318. Copies of records

Upon payment of the prescribed fee, any person may obtain a certified
copy of any official record of the Office of the Administrator that
relates to this chapter. That copy shall be admissible in evidence with
the same effect as the original.

Section 1319. Correction of errors in certificates

The Administrator may, by a certificate of correction under seal,
correct any error in a registration incurred through the fault of the
Office, or, upon payment of the required fee, any error of a clerical or
typographical nature occurring in good faith but not through the fault
of the Office. Such registration, together with the certificate, shall
thereafter have the same effect as if it had been originally issued in
such corrected form.

Section 1320. Ownership and transfer [5]

(a) Property Right in Design. The property right in a design subject to
protection under this chapter shall vest in the designer, the legal
representatives of a deceased designer or of one under legal incapacity,
the employer for whom the designer created the design in the case of a
design made within the regular scope of the designer's employment, or a
person to whom the rights of the designer or of such employer have been
transferred. The person in whom the property right is vested shall be
considered the owner of the design.

(b) Transfer of Property Right. The property right in a registered
design, or a design for which an application for registration has been
or may be filed, may be assigned, granted, conveyed, or mortgaged by an
instrument in writing, signed by the owner, or may be bequeathed by
will.

(c) Oath or Acknowledgment of Transfer. An oath or acknowledgment under
section 1312 shall be prima facie evidence of the execution of an
assignment, grant, conveyance, or mortgage under subsection (b).

(d) Recordation of Transfer. An assignment, grant, conveyance, or
mortgage under subsection (b) shall be void as against any subsequent
purchaser or mortgagee for a valuable consideration, unless it is
recorded in the Office of the Administrator within 3 months after its
date of execution or before the date of such subsequent purchase or
mortgage.

Section 1321. Remedy for infringement

(a) In General. The owner of a design is entitled, after issuance of a
certificate of registration of the design under this chapter, to
institute an action for any infringement of the design.

(b) Review of Refusal To Register. (1) Subject to paragraph (2), the
owner of a design may seek judicial review of a final refusal of the
Administrator to register the design under this chapter by bringing a
civil action, and may in the same action, if the court adjudges the
design subject to protection under this chapter, enforce the rights in
that design under this chapter.

(2) The owner of a design may seek judicial review under this section
if-

(A) the owner has previously duly filed and prosecuted to final refusal
an application in proper form for registration of the design;

(B) the owner causes a copy of the complaint in the action to be
delivered to the Administrator within 10 days after the commencement of
the action; and

(C) the defendant has committed acts in respect to the design which
would constitute infringement with respect to a design protected under
this chapter.

(c) Administrator as Party to Action. The Administrator may, at the
Administrator's option, become a party to the action with respect to the
issue of registrability of the design claim by entering an appearance
within 60 days after being served with the complaint, but the failure of
the Administrator to become a party shall not deprive the court of
jurisdiction to determine that issue.

(d) Use of Arbitration To Resolve Dispute. The parties to an
infringement dispute under this chapter, within such time as may be
specified by the Administrator by regulation, may determine the dispute,
or any aspect of the dispute, by arbitration. Arbitration shall be
governed by title 9. The parties shall give notice of any arbitration
award to the Administrator, and such award shall, as between the parties
to the arbitration, be dispositive of the issues to which it relates.
The arbitration award shall be unenforceable until such notice is given.
Nothing in this subsection shall preclude the Administrator from
determining whether a design is subject to registration in a
cancellation proceeding under section 1313(c).

Section 1322. Injunctions

(a) In General. A court having jurisdiction over actions under this
chapter may grant injunctions in accordance with the principles of
equity to prevent infringement of a design under this chapter,
including, in its discretion, prompt relief by temporary restraining
orders and preliminary injunctions.

(b) Damages for Injunctive Relief Wrongfully Obtained. A seller or
distributor who suffers damage by reason of injunctive relief wrongfully
obtained under this section has a cause of action against the applicant
for such injunctive relief and may recover such relief as may be
appropriate, including damages for lost profits, cost of materials, loss
of good will, and punitive damages in instances where the injunctive
relief was sought in bad faith, and, unless the court finds extenuating
circumstances, reasonable attorney's fees.

Section 1323. Recovery for infringement

(a) Damages. Upon a finding for the claimant in an action for
infringement under this chapter, the court shall award the claimant
damages adequate to compensate for the infringement. In addition, the
court may increase the damages to such amount, not exceeding $50,000 or
$1 per copy, whichever is greater, as the court determines to be just.
The damages awarded shall constitute compensation and not a penalty. The
court may receive expert testimony as an aid to the determination of
damages.

(b) Infringer's Profits. As an alternative to the remedies provided in
subsection (a), the court may award the claimant the infringer's profits
resulting from the sale of the copies if the court finds that the
infringer's sales are reasonably related to the use of the claimant's
design. In such a case, the claimant shall be required to prove only the
amount of the infringer's sales and the infringer shall be required to
prove its expenses against such sales.

(c) Statute of Limitations. No recovery under subsection (a) or (b)
shall be had for any infringement committed more than 3 years before the
date on which the complaint is filed.

(d) Attorney's Fees. In an action for infringement under this chapter,
the court may award reasonable attorney's fees to the prevailing party.

(e) Disposition of Infringing and Other Articles. The court may order
that all infringing articles, and any plates, molds, patterns, models,
or other means specifically adapted for making the articles, be
delivered up for destruction or other disposition as the court may
direct.

Section 1324. Power of court over registration

In any action involving the protection of a design under this chapter,
the court, when appropriate, may order registration of a design under
this chapter or the cancellation of such a registration. Any such order
shall be certified by the court to the Administrator, who shall make an
appropriate entry upon the record.

Section 1325. Liability for action on registration fraudulently obtained

Any person who brings an action for infringement knowing that
registration of the design was obtained by a false or fraudulent
representation materially affecting the rights under this chapter, shall
be liable in the sum of $10,000, or such part of that amount as the
court may determine. That amount shall be to compensate the defendant
and shall be charged against the plaintiff and paid to the defendant, in
addition to such costs and attorney's fees of the defendant as may be
assessed by the court.

Section 1326. Penalty for false marking

(a) In General. Whoever, for the purpose of deceiving the public, marks
upon, applies to, or uses in advertising in connection with an article
made, used, distributed, or sold, a design which is not protected under
this chapter, a design notice specified in section 1306, or any other
words or symbols importing that the design is protected under this
chapter, knowing that the design is not so protected, shall pay a civil
fine of not more than $500 for each such offense.

(b) Suit by Private Persons. Any person may sue for the penalty
established by subsection (a), in which event one-half of the penalty
shall be awarded to the person suing and the remainder shall be awarded
to the United States.

Section 1327. Penalty for false representation

Whoever knowingly makes a false representation materially affecting the
rights obtainable under this chapter for the purpose of obtaining
registration of a design under this chapter shall pay a penalty of not
less than $500 and not more than $1,000, and any rights or privileges
that individual may have in the design under this chapter shall be
forfeited.

Section 1328. Enforcement by Treasury and Postal Service

(a) Regulations. 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 1308 with respect to
importation. Such 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:

(1) 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.

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

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

(b) Seizure and Forfeiture. Articles imported in violation of the rights
set forth in section 1308 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 1329. Relation to design patent law

The issuance of a design patent under title 35, United States Code, for
an original design for an article of manufacture shall terminate any
protection of the original design under this chapter.

Section 1330. Common law and other rights unaffected

Nothing in this chapter shall annul or limit-

(1) common law or other rights or remedies, if any, available to or held
by any person with respect to a design which has not been registered
under this chapter; or

(2) any right under the trademark laws or any right protected against
unfair competition.

Section 1331. Administrator; Office of the Administrator

In this chapter, the "Administrator" is the Register of Copyrights, and
the "Office of the Administrator" and the "Office" refer to the
Copyright Office of the Library of Congress.

Section 1332. No retroactive effect

Protection under this chapter shall not be available for any design that
has been made public under section 1310(b) before the effective date of
this chapter.

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Chapter 13 Endnotes

1 In 1998, the Vessel Hull Design Protection Act added chapter 13,
entitled "Protection of Original Designs," to title 17. Pub. L. No.
105-304, 112 Stat. 2860, 2905. The Vessel Hull Design Protection Act is
title V 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
1301(b)(3) in its entirety. Pub. L. No. 106-113, 113 Stat. 1501, app. I
at 1501A-593.

3 In 1999, section 1302(5) was amended to substitute "2 years" in lieu
of "1 year." Pub. L. No. 106-44, 113 Stat. 221, 222.

4 The Satellite Home Viewer Improvement Act of 1999 amended section
1313(c) by adding at the end thereof the last sentence, which begins
"Costs of the cancellation procedure." Pub. L. No. 106-113, 113 Stat.
1501, app. I at 1501A-594.

5 In 1999, section 1320 was amended to change the spelling in the
heading of subsection (c) from "acknowledgement" to "acknowledgment."
Pub. L. No. 106-44, 113 Stat. 221, 222.

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Appendix I. Transitional and Supplementary Provisions of the
Copyright Act of 1976 [1]

Sec. 102. This Act becomes effective on January 1, 1978, except as
otherwise expressly provided by this Act, including provisions of the
first section of this Act. The provisions of sections 118, 304(b), and
chapter 8 of title 17, as amended by the first section of this Act, take
effect upon enactment of this Act.

Sec. 103. This Act does not provide copyright protection for any work
that goes into the public domain before January 1, 1978. The exclusive
rights, as provided by section 106 of title 17 as amended by the first
section of this Act, to reproduce a work in phonorecords and to
distribute phonorecords of the work, do not extend to any nondramatic
musical work copyrighted before July 1, 1909.

Sec. 104. All proclamations issued by the President under section 1(e)
or 9(b) of title 17 as it existed on December 31, 1977, or under
previous copyright statutes of the United States, shall continue in
force until terminated, suspended, or revised by the President.

Sec. 105. (a)(1) Section 505 of title 44 is amended to read as follows:

"Sec. 505. Sale of duplicate plates

"The Public Printer shall sell, under regulations of the Joint Committee
on Printing to persons who may apply, additional or duplicate stereotype
or electrotype plates from which a Government publication is printed, at
a price not to exceed the cost of composition, the metal, and making to
the Government, plus 10 per centum, and the full amount of the price
shall be paid when the order is filed."

(2) The item relating to section 505 in the sectional analysis at the
beginning of chapter 5 of title 44, is amended to read as follows:

"505. Sale of duplicate plates.".

(b) Section 2113 of title 44 is amended to read as follows:

[To assist the reader, section 2113 of title 44, now designated section
2117, appears in part VII of the Appendix, *infra*, as currently
amended.]

(c) In section 1498(b) of title 28, the phrase "section 101(b) of title
17" is amended to read "section 504(c) of title 17".

(d) Section 543(a)(4) of the Internal Revenue Code of 1954, as amended,
is amended by striking out "(other than by reason of section 2 or 6
thereof)".

(e) Section 3202(a) of title 39 is amended by striking out clause (5).
Section 3206 of title 39 is amended by deleting the words "subsections
(b) and (c)" and inserting "subsection (b)" in subsection (a), and by
deleting subsection (c). Section 3206(d) is renumbered (c).

(f) Subsection (a) of section 290(e) of title 15 is amended by deleting
the phrase "section 8" and inserting in lieu thereof the phrase "section
105". [2]

(g) Section 131 of title 2 is amended by deleting the phrase "deposit to
secure copyright," and inserting in lieu thereof the phrase "acquisition
of material under the copyright law,".

Sec. 106. In any case where, before January 1, 1978, a person has
lawfully made parts of instruments serving to reproduce mechanically a
copyrighted work under the compulsory license provisions of section 1(e)
of title 17 as it existed on December 31, 1977, such person may continue
to make and distribute such parts embodying the same mechanical
reproduction without obtaining a new compulsory license under the terms
of section 115 of title 17 as amended by the first section of this Act.
However, such parts made on or after January 1, 1978, constitute
phonorecords and are otherwise subject to the provisions of said section
115.

Sec. 107. In the case of any work in which an ad interim copyright is
subsisting or is capable of being secured on December 31, 1977, under
section 22 of title 17 as it existed on that date, copyright protection
is hereby extended to endure for the term or terms provided by section
304 of title 17 as amended by the first section of this Act.

Sec. 108. The notice provisions of sections 401 through 403 of title 17
as amended by the first section of this Act apply to all copies or
phonorecords publicly distributed on or after January 1, 1978. However,
in the case of a work published before January 1, 1978, compliance with
the notice provisions of title 17 either as it existed on December 31,
1977, or as amended by the first section of this Act, is adequate with
respect to copies publicly distributed after December 31, 1977.

Sec. 109. The registration of claims to copyright for which the required
deposit, application, and fee were received in the Copyright Office
before January 1, 1978, and the recordation of assignments of copyright
or other instruments received in the Copyright Office before January 1,
1978, shall be made in accordance with title 17 as it existed on
December 31, 1977.

Sec. 110. The demand and penalty provisions of section 14 of title 17 as
it existed on December 31, 1977, apply to any work in which copyright
has been secured by publication with notice of copyright on or before
that date, but any deposit and registration made after that date in
response to a demand under that section shall be made in accordance with
the provisions of title 17 as amended by the first section of this Act.

Sec. 111. Section 2318 of title 18 of the United States Code is amended
to read as follows:

[To assist the reader, section 2318 of title 18, as currently amended,
along with related criminal provisions, appears in part VII of the
Appendix, *infra*.]

Sec. 112. All causes of action that arose under title 17 before January
1, 1978, shall be governed by title 17 as it existed when the cause of
action arose.

Sec. 113. (a) The Librarian of Congress (hereinafter referred to as the
"Librarian") shall establish and maintain in the Library of Congress a
library to be known as the American Television and Radio Archives
(hereinafter referred to as the "Archives"). The purpose of the Archives
shall be to preserve a permanent record of the television and radio
programs which are the heritage of the people of the United States and
to provide access to such programs to historians and scholars without
encouraging or causing copyright infringement.

(1) The Librarian, after consultation with interested organizations and
individuals, shall determine and place in the Archives such copies and
phonorecords of television and radio programs transmitted to the public
in the United States and in other countries which are of present or
potential public or cultural interest, historical significance,
cognitive value, or otherwise worthy of preservation, including copies
and phonorecords of published and unpublished transmission programs-

(A) acquired in accordance with sections 407 and 408 of title 17 as
amended by the first section of this Act; and

(B) transferred from the existing collections of the Library of
Congress; and

(C) given to or exchanged with the Archives by other libraries,
archives, organizations, and individuals; and

(D) purchased from the owner thereof.

(2) The Librarian shall maintain and publish appropriate catalogs and
indexes of the collections of the Archives, and shall make such
collections available for study and research under the conditions
prescribed under this section.

(b) Notwithstanding the provisions of section 106 of title 17 as amended
by the first section of this Act, the Librarian is authorized with
respect to a transmission program which consists of a regularly
scheduled newscast or on-the-spot coverage of news events and, under
standards and conditions that the Librarian shall prescribe by
regulation-

(1) to reproduce a fixation of such a program, in the same or another
tangible form, for the purposes of preservation or security or for
distribution under the conditions of clause (3) of this subsection; and

(2) to compile, without abridgment or any other editing, portions of
such fixations according to subject matter, and to reproduce such
compilations for the purpose of clause (1) of this subsection; and

(3) to distribute a reproduction made under clause (1) or (2) of this
subsection-

(A) by loan to a person engaged in research; and

(B) for deposit in a library or archives which meets the requirements of
section 108(a) of title 17 as amended by the first section of this Act,

in either case for use only in research and not for further reproduction
or performance.

(c) The Librarian or any employee of the Library who is acting under the
authority of this section shall not be liable in any action for
copyright infringement committed by any other person unless the
Librarian or such employee knowingly participated in the act of
infringement committed by such person. Nothing in this section shall be
construed to excuse or limit liability under title 17 as amended by the
first section of this Act for any act not authorized by that title or
this section, or for any act performed by a person not authorized to act
under that title or this section.

(d) This section may be cited as the "American Television and Radio
Archives Act".

Sec. 114. There are hereby authorized to be appropriated such funds as
may be necessary to carry out the purposes of this Act.

Sec. 115. If any provision of title 17, as amended by the first section
of this Act, is declared unconstitutional, the validity of the remainder
of this title is not affected.

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Appendix I Endnotes

1 Part I of the Appendix contains the Transitional and Supplementary
Provisions of the Copyright Act of 1976, Pub. L. No. 94-533, 90 Stat.
2541, that do not amend title 17 of the *United States Code.*

2 The correct reference is to "290e," not "290(e)."

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Appendix II. Berne Convention Implementation Act of 1988 [1]

Sec. 2. Declarations.

The Congress makes the following declarations:

(1) The Convention for the Protection of Literary and Artistic Works,
signed at Berne, Switzerland, on September 9, 1886, and all acts,
protocols, and revisions thereto (hereafter in this Act referred to as
the "Berne Convention") are not self-executing under the Constitution
and laws of the United States.

(2) The obligations of the United States under the Berne Convention may
be performed only pursuant to appropriate domestic law.

(3) The amendments made by this Act, together with the law as it exists
on the date of the enactment of this Act, satisfy the obligations of the
United States in adhering to the Berne Convention and no further rights
or interests shall be recognized or created for that purpose.

Sec. 3. Construction of the Berne Convention.

(a) Relationship With Domestic Law. The provisions of the Berne
Convention-

(1) shall be given effect under title 17, as amended by this Act, and
any other relevant provision of Federal or State law, including the
common law; and

(2) shall not be enforceable in any action brought pursuant to the
provisions of the Berne Convention itself.

(b) Certain Rights Not Affected. The provisions of the Berne Convention,
the adherence of the United States thereto, and satisfaction of United
States obligations thereunder, do not expand or reduce any right of an
author of a work, whether claimed under Federal, State, or the common
law-

(1) to claim authorship of the work; or

(2) to object to any distortion, mutilation, or other modification of,
or other derogatory action in relation to, the work, that would
prejudice the author's honor or reputation.

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