 
 
--------------------------------------------------------------------- 
Coalition for Networked Information 
Information Policies:  A Compilation of Position Statements, Principles, 
Statutes, and Other Pertinent Statements 
 
 
 
Copyright Act of 1976 
 
Source:  Title 17, United States Code, Sections 101-810. 
 
[Sections 106, 107, and 108 of the U.S. Copyright Act are of particular  
interest to the projected user community of this information.  However,  
in order to have the convenience of access to the complete act available  
it is provided here in its entirety.] 
 
 
Section 101.  Definitions. 
 
     As used in this title, the following terms and their variant forms  
mean the following: 
 
          An "anonymous work" is a work on the copies or phonorecords of  
     which no natural person is identified as author. 
 
          "Audiovisual works" are works that consist of a series of related  
     images which are intrinsically intended to be shown by the use of  
     machines or devices such as projectors, viewers, or electronic 
     equipment, together with accompanying sounds, if any, regardless of  
     the nature of the material objects, such as films or tapes, in which  
     the works are embodied. 
 
          The "best edition" of a work is the edition, published in the United  
     States at any time before the date of deposit, that the Library of  
     Congress determines to be most suitable for its purposes. 
 
          A person's "children" are that person's immediate offspring,  
     whether legitimate or not, and any children legally adopted by that  
     person. 
 
          A "collective work" is a work, such as a periodical issue,  
     anthology, or encyclopedia, in which a number of contributions,  
     constituting separate and independent works in themselves, are  
     assembled into a collective whole. 
 
          A "compilation" is a work formed by the collection and assembling  
     of preexisting materials or of data that are selected, coordinated, or  
     arranged in such a way that the resulting work as a whole constitutes  
     an original work of authorship.  The term "compilation" includes  
     collective works. 
 
          A "computer program" is a set of statements or instructions to be  
     used directly or indirectly in a computer in order to bring about a 
     certain result. 
 
          "Copies" are material objects, other than phonorecords, in which a  
     work is fixed by any method now known or later developed, and from  
     which the work can be perceived, reproduced, or otherwise  
     communicated, either directly or with the aid of a machine or  
     device.  The term "copies" includes the material object, other than a  
     phonorecord, in which the work is first fixed. 
 
          "Copyright owner," with respect to any one of the exclusive rights  
     comprised in a copyright, refers to the  owner of that particular  
     right. 
 
          A work is "created" when it is fixed in a copy or phonorecord for  
     the first time; where a work is prepared over a period of time, the  
     portion of it that has been fixed at any particular time constitutes  
     the work as of that time, and where the work has been prepared in  
     different versions, each version constitutes a separate work. 
 
          A "derivative work" is a work based upon one or more preexisting  
     works, such as a translation, musical arrangement, dramatization,  
     fictionalization, motion picture version, sound recording, art  
     reproduction, abridgment, condensation, or any other form in which a  
     work may be recast, transformed, or adapted.  A work consisting of  
     editorial revisions, annotations, elaborations, or other modifications  
     which, as a whole, represent an original work of authorship, is a  
     "derivative work." 
 
          A "device," "machine," or "process" is one now known or later  
     developed. 
 
          To "display" a work means to show a copy of it, either directly or  
     by means of a film, slide, television image, or any other device or  
     processor, in the case of a motion picture or other audiovisual work, to  
     show  individual images nonsequentially. 
 
          A work is "fixed" in a tangible medium of expression when its  
     embodiment in a copy or phonorecord, by or under the authority of the  
     author, is sufficiently permanent or stable to permit it to be  
     perceived, reproduced, or otherwise communicated for a period of  
     more than transitory duration.  A work consisting of sounds, images, or  
     both, that are being transmitted, is "fixed for purposes of this title if  
     a fixation of the work is being made simultaneously with its  
     transmission. 
 
          The terms "including" and "such as" are illustrative and not  
     limitative. 
 
          A "joint work" is a work prepared by two or more authors with the  
     intention that their contributions be  merged into inseparable or  
     interdependent parts of a unitary whole. 
 
          "Literary works" are works, other than audiovisual works,  
     expressed in words, numbers, or other verbal or numerical symbols or  
     indicia, regardless of the nature of the material objects, such as  
     books, periodicals, manuscripts, phonorecords, film, tapes, disks, or  
     cards, in which they are embodied. 
 
          "Motion pictures: are audiovisual works consisting of a series of  
     related images which, when shown in  succession, impart an  
     impression of motion, together with accompanying sounds, if any. 
 
          To "perform" a work means to recite, render, play, dance, or act it,  
     either directly or by means of any device or process or, in the case of a  
     motion picture or other audiovisual work, to show its images in any  
     sequence or to make the sounds accompanying it audible. 
 
          "Phonorecords" are material objects in which sounds, other than  
     those accompanying a motion picture or other audiovisual work, are  
     fixed by any method now known or later developed, and from which  
     the sounds can be perceived, reproduced, or otherwise communicated,  
     either directly or with the aid of a machine or device.  The term  
     "phonorecords" includes the material object in which the sounds are  
     first fixed. 
 
          "Pictorial, graphic, and sculptural works" include two- 
     dimensional and three-dimensional works of fine, graphic, and 
     applied art, photographs, prints and art reproductions, maps, globes,  
     charts, technical drawings, diagrams, and models.  Such works shall  
     include works of artistic craftsmanship insofar as their form but not  
     their mechanical or utilitarian aspects are concerned; the design of a  
     useful article, as defined in this section, shall be considered a  
     pictorial, graphic, or sculptural work only if, and only to the extent  
     that, such design incorporates pictorial, graphic, or sculptural  
     features that can be identified separately from, and are capable of  
     existing independently of, the utilitarian aspects of the article. 
 
          A "pseudonymous work" is a work on the copies or phonorecords of  
     which the author is identified under a fictitious name.  
 
          "Publication" is the distribution of copies or phonorecords of a work  
     to the public by sale or other transfer of ownership, or by rental,  
     lease, or lending.  The offering to distribute copies or phonorecords to  
     a group of persons for purposes of further distribution, public  
     performance, or public display, constitutes publication.  A public 
     performance or display of a work does not of itself constitute 
     publication. 
 
          To perform or display a work "publicly" means- 
 
               (1)  to perform or display it at a place open to the public or  
          at any place where a substantial number of persons outside of a 
          normal circle of a family and its social acquaintances is gathered; 
          or, 
 
               (2)  to transmit or otherwise communicate a performance or  
          display of the work to a place specified by clause (1) or to the  
          public, by means of any device or process, whether the members of  
          the public capable of receiving the performance or display receive  
          it in the same place or in separate places and at the same time or  
          at different times. 
 
          "Sound recordings" are works that result from the fixation of a  
     series of musical, spoken, or other sounds, but not including the sounds  
     accompanying a motion picture or other audiovisual work, regardless  
     of the nature of the material objects, such as disks, tapes, or other  
     phonorecords, in which they are embodied. 
 
          "State" includes the District of Columbia and the Commonwealth  
     of Puerto Rico, and any territories to which this title is made  
     applicable by an Act of Congress. 
 
          A "Transfer of copyright ownership" is an assignment, mortgage,  
     exclusive license, or any other conveyance, alienation, or  
     hypothecation of a copyright or of any of the exclusive rights  
     comprised in a copyright, whether or not it is limited in time or place  
     of effect, but not including a nonexclusive license. 
 
          A "transmission program" is a body of material that, as an  
     aggregate, has been produced for the sole purpose of transmission to  
     the public in sequence and as a unit. 
 
          To "transmit" a performance or display is to communicate it by any  
     device or process whereby images or sounds are received beyond the  
     place from which they are sent. 
 
          The "United States," when used in a geographical sense, comprises  
     the several States, the District of Columbia and the Commonwealth  
     of Puerto Rico, and the organized territories under the jurisdiction of  
     the United States Government. 
 
          A "useful article" is an article having an intrinsic utilitarian  
     function that is not merely to portray the appearance of the article or  
     to convey information.  An article that is normally a part of a useful  
     article is considered a "useful article." 
 
          The author's "widow" or "widower" is the author's surviving  
     spouse under the law of the author's domicile at the time of his or  
     her death, whether or not the spouse has later remarried. 
 
          A "work of the United States Government" is a work prepared by  
     any officer or employee of the United States Government as part of  
     that person's official duties. 
 
          A "work made for hire" is- 
 
               (1)  a work prepared by an employee within the scope of his or  
          her employment; or 
 
               (2)  a work specially ordered or commissioned for use as a  
          contribution to a collective work, as a part of a motion picture or  
          other audiovisual work, as a translation, as a supplementary work,  
          as a compilation, as an instructional text, as a test, as answer  
          material for a test, or as an atlas, if the parties expressly agree  
          in a written instrument signed by them that the work shall be  
          considered a work made for hire.  For the purpose of the foregoing  
          sentence, a "supplementary work" is a work prepared for  
          publication as a secondary adjunct to a work by another author for  
          the purpose of introducing, concluding, illustrating, explaining,  
          revising, commenting upon, or assisting in the use of the other work,  
          such as forewords, afterwords, pictorial illustrations, maps,  
          charts, tables, editorial notes, musical arrangements, answer  
          material for tests, bibliographies, appendixes, and indexes, and an  
          "instructional text" is a literary, pictorial, or graphic work  
          prepared for publication and with the purpose of use in systematic  
          instructional activities.  
 
 
Section 102.  Subject matter of copyright: In general. 
 
     (a)  Copyright protection subsists, in accordance with this title, in  
original works of authorship fixed in any tangible medium of  
expression, now known or later developed, from which they can be  
perceived, reproduced, or otherwise communicated, either directly or  
with the aid of a machine or device. Works of authorship include the  
following categories: 
 
          (1) literary works: 
          (2) musical works, including any accompanying words; 
          (3) dramatic works, including any accompanying music; 
          (4) pantomimes and choreographic works; 
          (5) pictorial, graphic, and sculptural works; 
          (6) motion pictures and other audiovisual works; and 
          (7) sound recordings. 
 
     (b)  In no case does copyright protection for an original work of  
authorship extend to any idea, procedure, process, system, method of  
operation, concept, principle, or discovery, regardless of the form in  
which it is described, explained, illustrated, or embodied in such work. 
 
 
Section 103.  Subject matter of copyright: Compilations and derivative works. 
 
     (a)  The subject matter of copyright as specified by section 102  
includes compilations and derivative works, but protection for a work  
employing preexisting material in which copyright subsists does not  
extend to any part of the work in which such material has been used  
unlawfully. 
 
     (b)  The copyright in a compilation or derivative work extends only  
to the material contributed by the author of such work, as  
distinguished from the preexisting material employed in the work, and  
does not imply any exclusive right in the preexisting material.  The  
copyright in such work is independent of, and does not affect or enlarge  
the scope, duration, ownership, or subsistence of, any copyright  
protection in the preexisting material. 
 
 
Section 104.  Subject matter of copyright: National origin. 
 
     (a)  Unpublished Works.--The works specified by sections 102 and  
103, while unpublished, are subject to protection under this title  
without regard to the nationality or domicile of the author. 
 
     (b)  Published Works.-- The works specified by section 102 and 103,  
when published, are subject to protection under this title if- 
 
          (1) on the date of first publication, one or more of the authors  
     is a national or domiciliary of the United States, or is a  
     national, domiciliary, or sovereign authority of a foreign  
     nation that is a party to a copyright treaty to which the  
     United States is also a party, or is a stateless person, wherever  
     that person may be domiciled; or 
 
          (2) the work is first published in the United States or in a  
     foreign nation that, on the date of first publication, is a party  
     to the Universal Copyright Convention; or 
 
          (3) the work is first published by the United Nations or any  
     of its specialized agencies, or by the Organization of American  
     States; or 
 
          (4) the work comes within the scope of a Presidential  
     proclamation. Whenever the President finds that a particular  
     foreign nation extends, to works by authors who are nationals  
     or domiciliaries of the United States or to works that are first  
     published in the United States, copyright protection on  
     substantially the same basis as that on which the foreign  
     nation extends protection to works of its own nationals and  
     domiciliaries and works first published in that nation, the  
     President may by proclamation extend protection under this  
     title to works of which one or more of the authors is, on the  
     date of first publication, a national, domiciliary, or sovereign  
     authority of that nation, or which was first published in that  
     nation.  The President may revise, suspend, or revoke any such  
     proclamation or impose any conditions or limitations on  
     protection under a proclamation. 
 
 
Section 105.  Subject matter of copyright: United States Government works. 
 
     Copyright protection under this title is not available for any work of  
the United States Government, but the United States Government is not  
precluded from receiving and holding copyrights transferred to it by  
assignment, bequest, or otherwise. 
 
 
Section 106.  Exclusive rights in copyrighted works. 
 
     Subject to sections 107 through 118, the owner of copyright under this  
title has the exclusive rights to do and to authorize any of the  
following: 
 
          (1) to reproduce the copyrighted work in copies or phonorecords; 
 
          (2) to prepare derivative works based upon the copyrighted work; 
 
          (3) to distribute copies or phonorecords of the copyrighted work to  
     the public by sale or other transfer of ownership, or by rental, lease,  
     or lending; 
 
          (4) in the case of literary, musical, dramatic, and choreographic  
     works, pantomimes, and motion pictures and other audiovisual works,  
     to perform the copyrighted work publicly; and 
 
          (5) in the case of literary, musical, dramatic, and choreographic  
     works, pantomimes, and pictorial, graphic, or sculptural works,  
     including the individual images of a motion picture or other  
     audiovisual work, to display the copyrighted publicly. 
 
 
Section 107.  Limitations on exclusive rights: Fair use. 
 
     Notwithstanding the provisions of section 106, the fair use of a  
copyrighted work, including such use by reproduction in copies or  
phonorecords or by any other means specified by that section, for  
purposes such as criticism, comment, news reporting, teaching (including  
multiple copies for classroom use), scholarship, or research, is not an  
infringement of copyright.  In determining whether the use made of a  
work in any particular case is a fair use the factors to be considered  
shall include- 
 
          (1) the purpose and character of the use, including whether such  
     use is of a commercial nature or is for nonprofit educational purposes; 
 
          (2) the nature of the copyrighted work; 
 
          (3) the amount and substantiality of the portion used in relation  
     to the copyrighted word as a whole; and 
 
          (4) the effect of the use upon the potential market for or value of  
     the copyrighted work. 
 
 
Section 108.  Limitations on exclusive rights: Reproduction by libraries and  
archives. 
 
     (a) Notwithstanding the provisions of section 106, it is not an 
infringement of copyright for a library or archives, or any of its employees 
acting within the scope of their employment, to reproduce no more than one 
copy or phonorecord of a work, or to distribute such copy or phonorecord, 
under the conditions specified by this section, if- 
 
          (1) the reproduction or distribution is made without any purpose of  
     direct or indirect commercial advantage; 
 
          (2) the collections of the library or archives are  
 
               (i) open to the public, or  
 
               (ii) available not only to researchers affiliated with the  
          library or archives or with the institution of which it is a part, 
          but also to other persons doing research in a specialized field; and 
 
          (3) the reproduction or distribution of the work includes a notice of  
     copyright. 
 
     (b)  The rights of reproduction and distribution under this section apply  
to a copy or phonorecord of any unpublished work duplicated in facsimile form 
solely for purposes of preservation and security or for deposit for research 
use in another library or archives of the type described by clause (2) of  
subsection (a), if the copy or phonorecord reproduced is currently in the 
collections of the library or archives. 
 
     (c)  The right of reproduction under this section applies to a copy or  
phonorecord of a published work duplicated in facsimile form solely for the  
purpose of replacement of a copy or phonorecord that is damaged, deteriorating,  
lost, or stolen, if the library or archives has, after a reasonable effort,  
determined that an unused replacement cannot be obtained at a fair price.   
 
     (d)  The rights of reproduction and distribution under this section apply  
to a copy, made from the collection of a library or archives where the user  
makes his or her request or from that of another library or archives, of no  
more than one article or other contribution to a copyrighted collection or  
periodical issue, or to a copy or phonorecord of a small part of any other  
copyrighted work if- 
 
          (1) the copy or phonorecord becomes the property of the user, and  
     the library or archives has had no notice that the copy or phonorecord  
     would be used for any purpose other than private study, scholarship, or  
     research; and 
 
          (2) the library or archives displays prominently, at the place where 
     orders are accepted, and includes on its order form, a warning of 
     copyright in accordance with requirements that the Register of Copyrights  
     shall prescribe by regulation. 
 
     (e)  The rights of reproduction and distribution under this section apply 
to the entire work, or to a substantial part of it, made from the collection  
of a library or archives where the user makes his or her request or from that  
of another library or archives, if the library or archives has first  
determined, on the basis of a reasonable investigation, that a copy or  
phonorecord of the copyrighted work cannot be obtained at a pair (sic) 
prices, if- 
 
          (1) the copy or phonorecord becomes the property of the user, and 
     the library or archives has had no notice that the copy or phonorecord  
     would be used for any purpose other than private study, scholarship, or  
     research; and 
 
          (2) the library or archives displays prominently, at the place 
     where orders are accepted, and includes on its order form, a warning of  
     copyright in accordance with requirements that the Register of Copyrights 
     shall prescribe by regulation. 
 
     (f)  Nothing in this section- 
 
          (1) shall be construed to impose liability for copyright infringement  
     upon a library or archives or its employees for the unsupervised use of  
     reproducing equipment located on its premises: Provided, That such  
     equipment displays a notice that the making of a copy may be subject to  
     the copyright law; 
 
          (2) excuses a person who uses such reproducing equipment or who  
     requests a copy or phonorecord under subsection (d) from liability for  
     copyright infringement for any such act, or for any later use of such 
     copy or phonorecord, if it exceeds fair use as provided by section 107; 
 
          (3)  shall be construed to limit the reproduction and distribution  
     by lending of a limited number of copies and excerpts by a library or  
     archives of an audiovisual new program, subject to clauses (1), (2), and 
     (3) of subsection (a); or 
 
          (4) in any way affects the rights of fair use as provided by section  
     107, or any contractual obligations assumed at any time by the library 
     or archives when it obtained a copy or phonorecord of a work in its  
     collections. 
 
     (g) The rights of reproduction and distribution under this section extend  
to the isolated and unrelated reproduction or distribution of a single copy or  
phonorecord of the same material on separate occasions, but do not extend to  
cases where the library or archives, or its employee- 
 
          (1) is aware or has substantial reason to believe that it is  
     engaging in the related or concerted reproduction or distribution of  
     multiple copies or phonorecords of the same material, whether made on 
     one occasion or over a period of time, and whether intended for  
     aggregate use by one or more individuals or for separate use by the  
     individual members of a group; or 
 
          (2) engages in the systematic reproduction or distribution of single  
     or multiple copies or phonorecords of material described in subsection  
     (d): Provided, That nothing in this cause prevents a library or archives  
     from participating in interlibrary arrangements that do not have as their 
     purpose or effect, that the library or archives receiving such copies or  
     phonorecords for distribution does so in such aggregate quantities as to  
     substitute for a subscription to or purchase of such work. 
 
     (h) The rights of reproduction and distribution under the section do not  
apply to a musical work, a pictorial, graphic or sculptural work, or a motion  
picture or other audiovisual work other than an audiovisual work dealing with  
news, except that no such limitation shall apply with respect to right granted 
by subsections (b) and (c), or with respect to pictorial or graphic works  
published as illustrations, diagrams, or similar adjuncts to works of which  
copies are reproduced or distributed in accordance with subsections (d) and  
(e). 
 
     (i) Five years from the effective date of this Act, and at five-year  
intervals thereafter, the Register of Copyrights, after consulting with  
representatives of authors, book and periodical publishers, and other owners  
of copyrighted materials, and with representatives of library users and  
librarians, shall submit to the Congress a report setting forth the extent  
to which this section has achieved the intended statutory balancing of the  
rights of creators, and the needs of users.  The report should also describe  
any problems that may have arisen, and present legislative or other  
recommendations, if warranted. 
 
 
Section 109.  Limitations on exclusive rights:  Effect of transfer of  
particular copy or phonorecord. 
 
     (a)  Notwithstanding the provisions of section 106(3), the owner of a  
particular copy or phonorecord lawfully made under this title, or any  
person authorized by such owner, is entitled, without the authority of  
the copyright owner, to sell or otherwise dispose of the possession of  
that copy or phonorecord. 
 
     (b) 
          (1) Notwithstanding the provisions of subsection (a), unless  
authorized by the owners of copyright in the sound recording and in the  
musical works embodied therein, the owner of a particular phonorecord  
may not, for purposes of direct or indirect commercial advantage,  
dispose of, or authorize the disposal of, the possession of that  
phonorecord by rental, lease, or lending, or by any other act or practice  
in the nature of rental, lease, or lending.  Nothing in the preceding  
sentence shall apply to the rental, lease, or lending of a phonorecord for  
nonprofit purposes by a nonprofit library or nonprofit educational  
institution. 
 
          (2) Nothing in this subsection shall affect any provision of the  
antitrust laws.  For purposes of the preceding sentence, "antitrust laws"  
has the meaning given that term in the first section of the Clayton Act  
and includes section 5 or the Federal Trade Commission Act to the  
extent that section relates to unfair methods of competition.  
 
          (3) Any person who distributes a phonorecord in violation of clause  
(1) is an infringer of copyright under section 501 of this title and is  
subject to the remedies set forth in sections 502, 503, 504, 505, and 509.  
Such violation shall not be a criminal offense under section 506 or cause  
such person to be subject to the criminal penalties set forth in section  
2319 of title 18. 
 
     (c)  Notwithstanding the provisions of section 106(5), the owner of a  
particular copy lawfully made under this title, or any person  
authorized by such owner, is entitled, without the authority of the  
copyright owner, to display that copy publicly, either directly or by  
the projection of no more than one image at a time, to viewers present at  
the place where the copy is located. 
 
     (d)  The privileges prescribed by subsections (a) and (b) [so as  
amended, should be "(a) and (c)"] do not, unless authorized by the  
copyright owner, extend to any person who has acquired possession of  
the copy or phonorecord from the copyright owner, by rental, lease,  
loan, or otherwise, without acquiring ownership of it. 
 
 
Section 110.  Limitations on exclusive rights: Exemption of certain  
performances and displays. 
 
     Notwithstanding the provisions of section 106, the following are not  
infringements of copyright: 
 
          (1) performance or display of a work by instructors or pupils in the  
     course of face-to-face teaching activities of a nonprofit educational  
     institution, in a classroom or similar place devoted to instruction,  
     unless, in the case of a motion picture or other audiovisual work, the  
     performance, or the display of individual images, is given by means of 
     a copy that was not lawfully made under this title, and that the person  
     responsible for the performance knew or had reason to believe was not  
     lawfully made; 
 
          (2) performance of a nondramatic literary or musical work or  
     display of a work, by or in the course of a transmission, if- 
 
               (A) the performance or display is a regular part of the  
          systematic instructional activities of a governmental body or a  
          nonprofit educational institution; and 
 
               (B) the performance or display is directly related and of  
          assistance to the teaching content of the transmission; and 
 
               (C) the transmission is made primarily for- 
 
                    (i) reception in classrooms or similar places normally to  
               instruction, or  
 
                    (ii) reception by persons to whom the transmission is 
               because their disabilities or other special circumstances 
               prevent their attendance in classrooms or similar places  
               normally devoted to instruction, or 
 
                    (iii) reception by officers or employees of governmental  
               bodies as a part of their official duties or employment; 
 
          (3) performance of a nondramatic literary or musical work or of a  
     dramatico-musical work of a religious nature, or display of a work in  
     the course of services at a place of worship or other religious assembly; 
 
          (4) performance of a nondramatic literary or musical work  
     otherwise than in a transmission to the public, without any purpose of  
     direct or indirect commercial advantage and without payment of any  
     fee or other compensation for the performance to any of its performers,  
     promoters, or organizers, if- 
 
               (A)  there is no direct or indirect admission charge; or 
 
               (B) the proceeds, after deducting the reasonable costs of  
          producing the performance, are used exclusively for educational,  
          religious, or charitable purposes and not for private financial gain,  
          except where the copyright owner has served notice of objection to  
          the performance under the following conditions; 
 
                    (i) the notice shall be in writing and signed by the 
               copyright owner or such owner's duly authorized agent; and 
 
                    (ii) the notice shall be served on the person responsible  
               for the performance at least seven days before the date of the  
               performance, and shall state the reasons for the objection; and 
 
                    (iii) the notice shall comply, in form, content, and 
               manner of service, with requirements that the Register of 
               Copyrights shall prescribe by regulation; 
 
          (5) communication of a transmission embodying a performance or  
     display of a work by the public reception of the transmission on a single  
     receiving apparatus of a kind commonly used in private homes, unless- 
 
               (A) a direct charge is made to see or hear the transmission; or 
 
               (B) the transmission thus received is further transmitted to the  
          public; 
 
          (6) performance of a nondramatic musical work by a governmental  
     body or a nonprofit agricultural or horticultural organization, in the  
     course of an annual agricultural or horticultural fair or exhibition  
     conducted by such body or organization; the exemption provided by this  
     clause shall extend to any liability for copyright infringement that  
     would otherwise be imposed on such body or organization, under  
     doctrines of vicarious liability or related infringement, for a  
     performance by a concessionaire, business establishment, or other person  
     at such fair or exhibition, but shall not excuse any such person from  
     liability for the performance; 
 
          (7) performance of a nondramatic musical work by a vending  
     establishment open to the public at large without any direct or indirect  
     admission charge, where the sole purpose of the performance is to  
     promote the retail sale of copies or phonorecords of the work, and the  
     performance is not transmitted beyond the place where the  
     establishment is located and is within the immediate area where the  
     sale is occurring; 
 
          (8) performance of a nondramatic literary work, by or in the course  
     of a transmission specifically designed for and primarily directed to  
     blind or other handicapped persons who are unable to read normal  
     printed material as a result of their handicap, or deaf or other  
     handicapped persons who are unable to hear the aural signals  
     accompanying a transmission of visual signals, if the performance is  
     made without any purpose of direct or indirect commercial advantages  
     and its transmission is made through the facilities of:  
 
                    (i) a governmental body; or  
 
                    (ii) a noncommercial educational broadcast station (as  
               defined in section 397 of title 47); or  
 
                    (iii) a radio subcarrier authorization (as defined in 47  
               CFR 73.293-73.295 and 73.593-73.595); or  
 
                    (iv) a cable system (as defined in section 111(f));  
 
          (9) performance on a single occasion of a dramatic literary work  
     published at least ten years before the date of the performance, by or in  
     the course of a transmission specifically designed for and primarily  
     directed to blind or other handicapped persons who are unable to read  
     normal printed material as a result of their handicap, if the  
     performance is made without any purpose of direct or indirect  
     commercial advantage and its transmission is made through the  
     facilities of a radio subcarrier authorization referred to in clause  
     (8)(iii), Provided, That the provisions of this clause shall not be  
     applicable to more than one performance of the same work by the same  
     performers or under the auspices of the same organization. 
 
          (10) notwithstanding paragraph 4 above, the following is not an  
     infringement of copyright:  performance of a nondramatic literary or  
     musical work in the course of a social function which is organized and  
     promoted by a nonprofit veterans' organization or a nonprofit fraternal  
     organization to which the general public is not invited, but not  
     including the invitees of the organizations, if the proceeds from the  
     performance, after deducting the reasonable costs of producing the  
     performance, are used exclusively for charitable purposes and not for  
     financial gain.  For purposes of this section the social functions of any  
     college or university fraternity or sorority shall not be included unless  
     the social function is held solely to raise funds for a specific  
     charitable purpose. 
 
 
Section 111.  Limitations on exclusive rights:  Secondary transmissions. 
 
     (a) Certain Secondary Transmissions Exempted. - The secondary  
transmission of a primary transmission embodying a performance or  
display of a work is not an infringement of copyright if - 
 
          (1) the secondary transmission is not made by a cable system, and  
     consists entirely of the relaying, by the management of a hotel,  
     apartment house, or similar establishment, or signals transmitted  
     by a broadcast station licensed by the Federal Communications  
     Commission, within the local service area of such station, to the  
     private lodgings of guests or residents of such establishment, and no  
     direct charge is made to see or hear the secondary transmission; or 
 
          (2) the secondary transmission is made solely for the purpose and  
     under the conditions specified by clause (2) of section 110; or 
 
          (3) the secondary transmission is made by any carrier who has no  
     direct or indirect control over the content or selection of the primary  
     transmission or over the particular recipients of the secondary  
     transmission, and whose activities with respect to the secondary  
     transmission consist solely of providing wires, cables, or other  
     communications channels for the use of others:  Provided, That the  
     provisions of this clause extend only to the activities of said carrier  
     with respect to secondary transmissions and do not exempt from  
     liability the activities of others with respect to their own primary  
     or secondary transmissions; or 
 
          (4) the secondary transmission is not made by a cable system but  
     is made by a governmental body, or other nonprofit organization,  
     without any purpose of direct or indirect commercial advantage, and  
     without charge to the recipients of the secondary transmission other  
     than assessments necessary to defray the actual and reasonable costs  
     of maintaining and operating the secondary transmission service. 
 
     (b) Secondary Transmission of Primary Transmission to Controlled  
Group. -Notwithstanding the provisions of subsections (a) and (c), the  
secondary transmission to the public of a primary transmission  
embodying a performance or display of a work is actionable as an act of  
infringement under section 501, and is fully subject to the remedies  
provided by sections 502 through 506 and 509, if the primary  
transmission is not made for reception by the public at large but is  
controlled and limited to reception by particular members of the public;  
Provided, however, That such secondary transmission is not actionable  
as an act of infringement if - 
 
          (1) the primary transmission is made by a broadcast station  
     licensed by the Federal Communication; and 
 
          (2) the carriage of the signals comprising the secondary  
     transmission is required under the rules, regulations, or  
     authorizations of the Federal Communications Commission; and 
 
          (3) the signal of the primary transmitter is not altered or changed  
     in any way by the secondary transmitter. 
 
     (c) Secondary Transmissions by Cable Systems - 
 
          (1) Subject to the provisions of clauses (2), (3), and (4) of this  
     subsection, secondary transmissions to the public by a cable system of  
     a primary transmission made by a broadcast station licensed by the  
     Federal Communications Commission or by an appropriate  
     governmental authority of Canada or Mexico and embodying a  
     performance or display of a work shall be subject to compulsory  
     licensing upon compliance with the requirements of subsection (d)  
     where the carriage of the signals comprising the secondary  
     transmission is permissible under the rules, regulations, or  
     authorizations of the Federal Communications Commission. 
 
          (2) Notwithstanding the provisions of clause (1) of this subsection,  
     the willful or repeated secondary transmission to the public by a  
     cable system of a primary transmission made by a broadcast station  
     licensed by the Federal Communications Commission or by an  
     appropriate governmental authority of Canada or Mexico and  
     embodying a performance or display of a work is actionable as an act  
     of infringement under section 501, and is fully subject to the remedies  
     provided by sections 502 through 506 and 509, in the following cases: 
 
               (A) where the carriage of the signals comprising the secondary  
          transmission is not permissible under the rules, regulations, or  
          authorizations of the Federal Communications Commission; or 
 
               (B) where the cable system has not recorded the notice  
          specified by subsection (d) and deposited the statement of account 
          and royalty fee required by subsection (d).  
 
          (3) Notwithstanding the provisions of clause (1) of this subsection  
     and subject to the provisions of subsection (e) of this section, the  
     secondary transmission to the public by a cable system of a primary  
     transmission made by a broadcast station licensed by the Federal  
     Communications Commission or by an appropriate governmental  
     authority of Canada or Mexico and embodying a performance or  
     display of a work is actionable as an act of infringement under  
     section 501, and is fully subject to the remedies provided by sections  
     502 through 506 and sections 509 and 510, if the content of the  
     particular program in which the performance or display is  
     embodied, or any commercial advertising or station announcements  
     transmitted by the primary transmitter during, or immediately  
     before or after, the transmission of such program, is in any way  
     willfully altered by the cable system through changes, deletions, or  
     additions, except for the alteration, deletion, or substitution of  
     commercial advertising market research:  *Provided*, That the  
     research company has obtained the prior consent of the advertiser  
     who has purchased the original commercial advertisement, the  
     television station broadcasting that commercial advertisement, and  
     the cable system performing the secondary transmissions:  
 
     *And provided further*, That such commercial alteration, deletion,  
     or substitution is not performed for the purpose of deriving income  
     from the sale of that commercial time. 
 
          (4) Notwithstanding the provisions of clause (1) of this subsection,  
     the secondary transmission to the public by a cable system of a  
     primary transmission made by a broadcast station licensed by an  
     appropriate governmental authority of Canada or Mexico and  
     embodying a performance or display of a work is actionable as an act  
     of infringement under section 501, and is fully subject to the remedies  
     provided by sections 502 through 506 and section 509, if (A) with  
     respect to Canadian signals, the community of the cable system is  
     located more than 150 miles for the United States-Canadian border  
     and is also located south of the forty-second parallel of latitude, or  
     (B) with respect to Mexican signals, the secondary transmission is  
     made by a cable system which received the primary transmission by  
     means other than direct interception of a free space radio wave  
     emitted by such broadcast television station, unless prior to April  
     15, 1976, such cable system was actually carrying, or was  
     specifically authorized to carry, the signal of such foreign station on  
     the system pursuant to the rules, regulations, or authorizations of  
     the Federal Communications Commission. 
 
     (d) Compulsory License for Secondary Transmissions by Cable  
Systems-  
  
          (1) For any secondary transmission to be subject to compulsory  
     licensing under subsection (c), the cable system shall, at least one  
     month before the date of the commencement of operations of the  
     cable system or within one hundred and eighty days after the  
     enactment of this Act, whichever is later, and thereafter within  
     thirty days after each occasion on which the ownership or control or  
     the signal carriage complement of the cable system changes, record  
     in the Copyright Office a notice including a statement of identity  
     and address of the person who owns or operates the secondary  
     transmission service or has power to exercise primary control over it,  
     together with the name and location of the primary transmitter or  
     primary transmitters whose signals are regularly carried by the  
     cable system, and thereafter, from time to time, such further  
     information as the Register of Copyrights, after consultation with  
     the Copyright Royalty Tribunal (if and when the Tribunal has been  
     constituted), shall prescribe by regulation to carry out the purpose of  
     this clause. 
 
          (2)  A cable system whose secondary transmissions have been subject  
     to compulsory licensing under subsection (c) shall, on a semiannual  
     basis, deposit with the Register of Copyrights, in accordance with  
     requirements that the Register shall, after consultation with the  
     Copyright Royalty Tribunal (if and when the Tribunal has been  
     constituted), prescribe by regulation-   
 
               (A) a statement of account, covering the six months next  
          preceding, specifying the number of channels on which the cable  
          system made secondary transmissions to its subscribers, the names  
          and locations of all primary transmitters whose transmissions to  
          its subscribers, the names and locations of all primary  
          transmitters whose transmissions were further transmitted by  
          the cable system, the total number of subscribers, the gross  
          amounts paid to the cable system for the basic service of  
          providing secondary transmissions of primary broadcast  
          transmitters, and such other data as the Register of Copyrights  
          may, after consultation with the Copyright Royalty Tribunal (if  
          and when the Tribunal has been constituted), from time to time  
          prescribe by regulation.  Such statement shall also include a  
          special statement of account covering any nonnetwork television  
          programming that was carried by the cable system in whole or in  
          part beyond the local service area of the primary transmitter,  
          under rules, regulations, or authorizations of the Federal  
          Communications Commission permitting the substitution or  
          addition of signals under certain circumstances, together with  
          logs showing the times, dates, stations, and programs involved in  
          such substituted or added carriage; and 
 
               (B) except in the case of a cable system whose royalty is  
     specified in subclause (C) or (D), a total royalty fee for the period  
     covered by the statement, computed on the basis of specified  
     percentages of the gross receipts from subscribers to the cable service  
     during said period for the basic service of providing secondary  
     transmissions of primary broadcast transmitters, as follows: 
 
                    (i) 0.675 of 1 per centum of such gross receipts for the  
               privilege of further transmitting any nonnetwork programing of 
               a primary transmitter in whole or in part beyond the local  
               service area of such primary transmitter, such amount to be  
               applied against the fee, if any, payable pursuant to  
               paragraphs (ii) through (iv); 
 
                    (ii) 0.675 of 1 per centum of such gross receipts for the  
               first distant signal equivalent; 
 
                    (iii) 0.425 of 1 per centum of such gross receipts for  
               each of the second, third, and fourth distant signal 
               equivalents; 
 
                    (iv) 0.2 of 1 per centum of such gross receipts for the 
               fifth distant signal equivalent and each additional distant  
               signal equivalent thereafter; and in computing the amounts 
               payable under paragraph (ii) through (iv), above, any fraction 
               of a distant signal equivalent shall be computed at its  
               fractional value and, in the case of any cable system located  
               partly within and partly without the local service area of a  
               primary transmitter, gross receipts shall be limited to those  
               gross receipts derived from subscribers located without the  
               local service area of such primary transmitter; and 
 
               (C) if the actual gross receipts paid by subscribers to a cable  
          system for the period covered by the statement for the basic  
          service of providing secondary transmissions of primary  
          broadcast transmitters total $80,000 or less, gross receipts of the  
          cable system for the purpose of this subclause shall be computed  
          by subtracting from such actual gross receipts the amount by  
          which $80,000 exceeds such actual gross receipts, except that in  
          no case shall a cable system's gross receipts be reduced to less  
          that $3,000.  The royalty fee payable under this subclause shall  
          be 0.5 of 1 per centum, regardless of the number of distant signal  
          equivalents, if any; and 
 
               (D) if the actual gross receipts paid by subscribers to a cable  
          system for the period covered by the statement, for the basic  
          service of providing secondary transmissions of primary  
          broadcast transmitters, are more than $80,000 but less than  
          $160,000, the royalty fee payable under this subclause shall be  
          (i) 0.5 of 1 per centum of any gross receipts up to $80,000; and (ii) 
          1 per centum of any gross receipts in excess of $80,000 but less 
          than $160,000, regardless of the number of distant signal  
          equivalents, if any. 
 
          (3) The Register of Copyrights shall receive all fees deposited  
     under this section and, after deducting the reasonable costs incurred  
     by the Copyright Office under this section, shall deposit the  
     balance in the Treasury of the United States, in such manner as the  
     Secretary of the Treasury directs.  All funds held by the Secretary of  
     the Treasury shall be invested in interest-bearing United States  
     securities for later distribution with interest by the Copyright  
     Royalty Tribunal as provided by this title.  The Register shall  
     submit to the Copyright royalty Tribunal, on a semiannual basis, a  
     compilation of all statements of account covering the relevant six- 
     month period provided by clause (2) of this subsection. 
 
          (4) The royalty fees thus deposited shall, in accordance with the  
     procedures provided by clause (5), be distributed to those among the  
     following copyright owners who claim that their works were the  
     subject of secondary transmissions by cable systems during the  
     relevant semiannual period: 
 
               (A) any such owner whose work was included in a secondary  
          transmission made by a cable system of a nonnetwork television  
          program in whole or in part beyond the local service area of the  
          primary transmitter; and 
 
               (B) any such owner whose work was included in a secondary  
          transmission identified in a special statement of account  
          deposited under clause (2)(A); and 
 
               (C) any such owner whose work was included in nonnetwork  
          programing consisting exclusively of aural signals carried by a  
          cable system in whole or in part beyond the local service area of  
          the primary transmitter of such programs. 
 
          (5) The royalty fees thus deposited shall be distributed in  
     accordance with the following procedures: 
 
               (A) During the month of July in each year, every person claiming  
          to be entitled to compulsory license fees for secondary  
          transmissions shall file a claim with the Copyright Royalty  
          Tribunal, in accordance with requirements that the Tribunal  
          shall prescribe by regulation. Notwithstanding any provisions of  
          the antitrust laws, for purposes of this clause any claimants may  
          agree among themselves as to the proportionate division of  
          compulsory licensing fees among them, may lump their claims  
          together and file them jointly or as a single claim, or may  
          designate a common agent to receive payment on their behalf. 
 
               (B) After the first day of August of each year, the Copyright  
          Royalty Tribunal shall determine whether there exists a  
          controversy concerning the distribution of royalty fees.  If the  
          Tribunal determines that no such controversy exists, it shall,  
          after deducting its reasonable administrative costs under this  
          section, distribute such fees to the copyright owners entitled, or  
          to their designated agents.  If the Tribunal finds the existence of  
          a controversy, it shall, pursuant to chapter 8 of this title, conduct  
          a proceeding to determine the distribution of royalty fees. 
 
               (C) During the pendency of any proceeding under this subsection,  
          the Copyright Royalty Tribunal shall withhold from  
          distribution an amount sufficient to satisfy all claims with  
          respect to which a controversy exists, but shall have discretion  
          to proceed to distribute any amounts that are not in controversy. 
 
     (e) Nonsimultaneous Secondary Transmissions by Cable Systems.- 
 
          (1) Notwithstanding those provisions of the second paragraph of  
     subsection  
 
     (f) relating to nonsimultaneous secondary transmissions by a cable  
system, any such transmissions are actionable as an act of infringement  
under section 501, and are fully subject to the remedies provided by  
sections 502 through 506 and sections 509 and 510, unless- 
 
               (A) the program on the videotape is transmitted no more than  
          one time to the cable system's subscribers; and 
 
               (B) the copyrighted program, episode, or motion picture  
          videotape, including the commercials contained within such  
          program, episode, or picture, is transmitted without deletion or  
          editing; and 
 
               (C) an owner or officer of the cable system  
 
                    (i) prevents the duplication of the videotape while in the  
               possession of the system,  
 
                    (ii) prevents unauthorized duplication while in the  
               possession of the facility making the videotape for the  
               system if the system owns or controls the facility, or takes  
               reasonable precautions to prevent such duplication if it does  
               not own or control the facility,  
 
                    (iii) takes adequate precautions to prevent duplication 
               while the tape is being transported, and  
 
                    (iv) subject to clause (2), erases or destroys, or causes 
               the erasure or destruction of, the videotape; and 
 
               (D) within forty-five days after the end of each calendar  
          quarter, an owner or officer of the cable system executes an  
          affidavit attesting (i) to the steps and precautions taken to  
          prevent duplication of the videotape, and (ii) subject to clause  
          (2), to the erasure or destruction of all videotapes made or used  
          during such quarter; and 
 
               (E) such owner or officer places or causes each such affidavit,  
          and affidavits received pursuant to clause (2) (C), to be placed in  
          a file, open to public inspection, at such system's main office in  
          the community where the transmission is made or in the nearest  
          community where such system maintains an office; and 
 
               (F) the nonsimultaneous transmission is one that the cable  
          system would be authorized to transmit under the rules,  
          regulations, and authorizations of the Federal Communications  
          Commission in effect at the time of the nonsimultaneous  
          transmission if the transmission had been made simultaneously,  
          except that this subclause shall not apply to inadvertent or  
          accidental transmissions. 
 
          (2) If a cable system transfers to any person a videotape of a  
     program nonsimultaneously transmitted by it, such transfer is  
     actionable as an act of infringement under section 501, and is fully  
     subject to the remedies provided by sections 502 through 506 and 509,  
     except that, pursuant to a written, nonprofit contract providing for  
     the equitable sharing of the costs of such videotape and its transfer,  
     a videotape nonsimultaneously transmitted by it, in accordance  
     with clause (1), may be transferred by one cable system in Alaska to  
     another system in Alaska, by one cable system in Hawaii permitted  
     to make such nonsimultaneous transmissions to another such cable  
     system in Hawaii, or by one cable system in Guam, the Northern  
     Mariana Islands, or the Trust Territory of the Pacific Islands, to  
     another cable system in any of those three territories, if- 
 
               (A) each such contract is available for public inspection in the  
          offices of the cable systems involved, and a copy of such contract  
          is filed, within thirty days after such contract is entered into,  
          with the Copyright Office (which Office shall make each such  
          contract available for public inspection); and 
 
               (B) the cable system to which the videotape is transferred  
          complies with clause (1)(A), (B), (C)(i), (iii), and (iv), and (D)  
          through (F); and 
 
               (C) such system provides a copy of the affidavit required to be  
          made in accordance with clause (1)(D) to each cable system  
          making a previous nonsimultaneous transmission of the same  
          videotape. 
 
          (3) This subsection shall not be construed to supersede the  
     exclusivity protection provisions of any existing agreement, or any  
     such agreement hereafter entered into, between a cable system and a  
     television broadcast station in the area in which the cable system is  
     located, or a network with which such station is affiliated. 
 
          (4) As used in this subsection, the term "videotape," and each of  
     its variant forms, means the reproduction of the images and sounds  
     of a program or programs broadcast station licensed by the Federal  
     Communications Commission, regardless of the nature of the  
     material objects, such as tapes or films, in which the reproduction is  
     embodied. 
 
     (f) Definitions. - As used in this section, the following terms and  
their variant forms mean the following: 
 
          A "primary transmission" is a transmission made to the public by  
     the transmitting facility whose signals are being received and  
     further transmitted by the secondary transmission service,  
     regardless of where or when the performance or display was first  
     transmitted. 
 
          A "secondary transmission" is the further transmitting of a  
     primary transmission simultaneously with the primary  
     transmission, or nonsimultaneously with the primary transmission if  
     by a "cable system" not located in whole or in part within the  
     boundary of the forty-eight contiguous States, Hawaii, or Puerto  
     Rico: Provided, however, That a nonsimultaneous further  
     transmission by a cable system located in Hawaii of a primary  
     transmission shall be deemed to be a secondary transmission if the  
     carriage of the television broadcast signal comprising such further  
     transmission is permissible under the rules, regulations, or  
     authorizations of the Federal Communications Commission. 
 
          A "cable system" is a facility, located in any State, Territory,  
     Trust Territory, or Possession, that in whole or in part receives  
     signals transmitted or programs broadcast by one or more television  
     broadcast stations licensed by the Federal Communications  
     Commission, and makes secondary transmission of such signals or  
     programs by wires, cables, or other communications channels to  
     subscribing members of the public who pay for such service.  For  
     purposes of determining the royalty fee under subsection (d)(2), two  
     or more cable systems in contiguous communities under common  
     ownership or control or operating from one headend shall be  
     considered as one system. 
 
          The "local service area of a primary transmitter" in the case of a  
     television broadcast station, comprises the area in which such  
     station is entitled to insist upon its signal being retransmitted by a  
     cable system pursuant to the rules, regulation, and authorizations of  
     the Federal Communications Commission in effect on April 15, 1976,  
     or in the case of a television broadcast station licensed by an  
     appropriate governmental authority of Canada or Mexico, the area  
     in which it would be entitled to insist upon its signal being  
     retransmitted if it were a television broadcast station subject to such  
     rules, regulations, and authorizations. 
 
          The "local service area of a primary transmitter," in the case of a  
     radio broadcast station, comprises the primary service area of such  
     station pursuant to the rules and regulations of the Federal  
     Communications Commission. 
 
          "In the case of a low power television station, as defined by the  
     rules and regulations of the Federal Communications Commission,  
     the 'local service area of a primary transmitter' comprises the area  
     within 35 miles of the transmitter site, except that in the case of  
     such a station located in a standard metropolitan statistical area  
     which has one of the 50 largest populations of all standard  
     metropolitan statistical areas (based on the 1980 decennial census of  
     population taken by the Secretary of Commerce), the number of  
     miles shall be 20 miles." 
 
          A "distant signal equivalent" is the value assigned to the  
     secondary transmission of any nonnetwork television programing  
     carried by a cable system in whole or in part beyond the local  
     service area of the primary transmitter of such programing.  It is  
     computed by assigning a value of one to each independent station  
     and a value of one-quarter to each network station and  
     noncommercial educational station for the nonnetwork programing so  
     carried pursuant to the rules, regulations, and authorizations of the  
     Federal Communications Commission.  The foregoing values for  
     independent, network, and noncommercial educational stations are  
     subject, however, to the following exceptions and limitations.   
     Where the rules and regulations of the Federal Communications  
     Commission require a cable system to omit the further transmission  
     of a particular program and such rules and regulations also permit  
     the substitution of another program embodying a performance or  
     display of a work in place of the omitted transmission, or where  
     such rules and regulations in effect on the date of enactment of this  
     Act permit a cable system, at its election, to effect such deletion and  
     substitution of a non-live program or to carry additional programs  
     not transmitted by primary transmitters within whose local service  
     area the cable system is located, no value shall be assigned for the  
     substituted or additional program; where the rules, regulations, or  
     authorizations of the Federal Communications Commission in effect  
     on the date of enactment of this Act permit a cable system, at its  
     election, to omit the further transmission of a particular program  
     and such rules, regulations, or authorizations also permit the  
     substitution of another program embodying a performance or display  
     of a work in place of the omitted transmission, the value assigned  
     for the substituted or additional program shall be, in the case of a  
     live program, the value of one full distant signal equivalent  
     multiplied by a fraction that has as its numerator the number of  
     days in the year in which such substitution occurs and as its  
     denominator the number of days in the year.  In the case of a station  
     carried pursuant to the late-night or specialty programing rules of  
     the Federal Communications Commission, or a station carried on a  
     part-time basis where full-time carriage is not possible because the  
     cable system lacks the activated channel capacity to retransmit on a  
     full-time basis all signals which it is authorized to carry, the  
     values for independent, network, and noncommercial educational  
     stations set forth above, as the case may be, shall be multiplied by a  
     fraction which is equal to the ratio of the broadcast hours of such  
     station carried by the cable system to the total broadcast hours of  
     the station. 
 
          A "network station" is a television broadcast station that is owned  
     or operated by, or affiliated with, one or more of the television  
     networks in the United States providing nationwide transmissions,  
     and that transmits a substantial part of the programing supplied by  
     such networks for a substantial part of that station's typical  
     broadcast day. 
 
          An "independent station" is a commercial television broadcast  
     station other than a network station. 
 
          A "noncommercial educational system" is a television station that  
     is a noncommercial educational broadcast station as defined in  
     section 397 of title 47. 
 
 
Section 112.  Limitations on exclusive rights: Ephemeral recordings. 
 
     (a) Notwithstanding the provisions of section 106, and except in the  
case of a motion picture or other audiovisual work, it is not an  
infringement of copyright for a transmitting organization entitled to  
transmit to the public a performance or display of a work, under a  
license or transfer of the copyright or under the limitations on exclusive  
rights in sound recordings specified by section 114(a), to make no more  
than one copy or phonorecord of a particular transmission program  
embodying the performance or display, if- 
 
          (1) the copy or phonorecord is retained and used solely by the  
     transmitting organization that made it, and no further copies or  
     phonorecords are reproduced from it; and 
 
          (2) the copy or phonorecord is used solely for the transmitting  
     organization's own transmissions within its local service area, or for  
     purposes of archival preservation or security; and 
 
          (3) unless preserved exclusively for archival purposes, the copy or  
     phonorecord is destroyed within six months from the date the  
     transmission program was first transmitted to the public. 
 
     (b) Notwithstanding the provisions of section 106, it is not an  
infringement of copyright for a governmental body or other nonprofit  
organization entitled to transmit a performance or display of a work,  
under section 110(2) or under the limitations on exclusive rights in sound  
recordings specified by section 114(a), to make no more than thirty  
copies or phonorecords of a particular transmission program embodying  
the performance or display, if- 
 
          (1) no further copies or phonorecords are reproduced from the copies  
     or phonorecords made under this clause; and 
 
          (2) except for one copy or phonorecord that may be preserved  
     exclusively for archival purposes, the copies or phonorecords are  
     destroyed within seven years from the date the transmission program  
     was first transmitted to the public. 
 
     (c) Notwithstanding the provisions of section 106, it is not an  
infringement of copyright for a governmental body or other nonprofit  
organization to make for distribution no more than one copy or  
phonorecord, for each transmitting organization specified in clause (2)  
of this subsection, of a particular transmission program embodying a  
performance of a nondramatic musical work of a religious nature, or of a  
sound recording of such a musical work, if- 
 
          (1) there is no direct or indirect charge for making or distributing  
     any such copies or phonorecords; and 
 
          (2) none of such copies or phonorecords is used for any performance  
     other than a single transmission to the public by a transmitting  
     organization entitled to transmit to the public a performance of the  
     work under a license or transfer of the copyright; and 
 
          (3) except for one copy or phonorecord that may be preserved  
     exclusively for archival purposes, the copies or phonorecords are all  
     destroyed within one year from the date the transmission program  
     was first transmitted to the public. 
 
     (d) Notwithstanding the provisions of section 106, it is not an  
infringement of copyright for a governmental body or other nonprofit  
organization entitled to transmit a performance of a work under section  
110(8) to make more than ten copies or phonorecords embodying the  
performance, or to permit the use of any such copy or phonorecord by any  
governmental body or nonprofit organization entitled to transmit a  
performance of a work under section 110(8), if- 
 
          (1) any such copy or phonorecord is retained and used solely by the  
     organization that made it, or by a governmental body or nonprofit  
     organization entitled to transmit a performance of a work under  
     section 110(8), and no further copies or phonorecords are reproduced  
     from it; and 
 
          (2) any such copy or phonorecord is used solely for transmissions  
     authorized under section 110(8), or for purposes or archival  
     preservation or security; and 
 
          (3) the governmental body or nonprofit organization permitting any  
     use of any such copy or phonorecord by any governmental body or  
     nonprofit organization under this subsection does not make any charge  
     for such use. 
 
     (e) The transmission program embodied in a copy or phonorecord  
made under this section is not subject to protection as derivative work  
under this title except with the express consent of the owners of  
copyright in the preexisting works employed in the program. 
 
 
Section 113.  Scope of exclusive rights in pictorial, graphic, and  
sculptural work. 
 
     (a) Subject to the provisions of subsections (b) and (c) of this section,  
the exclusive right to reproduce a copyrighted pictorial, graphic, or  
sculptural work in copies under section 106 includes the right to  
reproduce the work in or on any kind of article, whether useful or  
otherwise. 
 
     (b) This title does not afford, to the owner of copyright in a work that  
portrays a useful article as such, any greater or lesser rights with  
respect to the making, distribution, or display of the useful article so  
portrayed than those afforded to such works under the law, whether  
title 17 or the common law or statutes of a State, in effect on December  
31, 1977, as held applicable and construed by a court in an action  
brought under this title. 
 
     (c) In the case of a work lawfully reproduced in useful articles that  
have been offered for sale or other distribution to the public, copyright  
does not include any right to prevent the making, distribution, or  
display of pictures or photographs of such articles in connection with  
advertisements or commentaries related to the distribution or display  
of such articles, or in connection with news reports. 
 
 
Section 114.  Scope of exclusive rights in sound recordings. 
 
     (a) The exclusive rights of the owner of copyright in a sound recording  
are limited to the rights specified by clauses (1), (2), and (3) of section  
106, and do not include any right of performance under section 106(4). 
 
     (b) The exclusive right of the owner of copyright in a sound recording  
under clause (1) of section 106 is limited to the right to duplicate the  
sound recording in the form of phonorecords, or of copies of motion  
pictures and other audiovisual works, that directly or indirectly  
recapture the actual sounds fixed in the recording.  The exclusive right  
of the owner of copyright in a sound recording under clause (2) of section  
106 is limited to the right to prepare a derivative work in which the  
actual sounds fixed in the sound recording are rearranged, remixed, or  
otherwise altered in sequence or quality.  The exclusive rights of the  
owner of copyright in a sound recording under clauses (1) and (2) of  
section 106 do not extend to the making or duplication of another sound  
recording that consists entirely of an independent fixation of other  
sounds, even though such sounds imitate or simulate those in the  
copyrighted sound recording.  The exclusive rights of the owner of  
copyright in a sound recording under clauses (1), (2), and (3) of section  
106 do not apply to sound recordings included in educational television  
and radio programs (as defined in section 397 of title 47) distributed or  
transmitted by or through public broadcasting entities (as defined by  
section 118(g): Provided, That copies or phonorecords of said programs  
are not commercially distributed by or through public broadcasting  
entities to the general public. 
 
     (c) This section does not limit or impair the exclusive right to perform  
publicly, by means of a phonorecord, any of the works specified by  
section 106(4). 
 
     (d) On January 3, 1978, the Register of Copyrights, after consulting  
with representatives of owners of copyrighted materials,  
representatives of the broadcasting, recording, motion picture,  
entertainment industries, and arts organizations, representatives of  
organized labor and performers of copyrighted materials, shall submit  
to the Congress a report setting forth recommendations as to whether  
this section should be amended to provide for performers and copyright  
owners of copyrighted material any performance rights in such  
material.  The report should describe the status of such rights in foreign  
countries, the views of major interested parties, and specific legislative  
or other recommendations, if any. 
 
 
Section 115.  Scope of exclusive rights in nondramatic musical works:  
Compulsory license for making and distributing phonorecords. 
 
     In the case of nondramatic musical works, the exclusive rights  
provided by clauses (1) and (3) of section 106, to make and to distribute  
phonorecords of such works, are subject to compulsory licensing under the  
conditions specified by this section.   
 
          (a) Availability and Scope of Compulsory License.- 
 
               (1) When phonorecords of a nondramatic musical work have been  
          distributed to the public in the United States under the authority  
          of the copyright owner, any other person may, by complying with  
          the provisions of this section, obtain a compulsory license only if  
          his or her primary purpose in making phonorecords is to distribute  
          them to the public for private use.  A person may obtain a  
          compulsory license for use of the work in the making of  
          phonorecords duplicating a sound recording fixed by another,  
          unless: (i) such sound recording was fixed lawfully; and (ii) the  
          making of the phonorecords was authorized by the owner of  
          copyright in the sound recording or, if the sound recording was fixed  
          before February 15, 1972, by any person who fixed the sound  
          recording pursuant to an express license from the owner of the  
          copyright in the musical work or pursuant to a valid compulsory  
          license for use of such work in a sound recording. 
 
               (2) A compulsory license includes the privilege of making a  
          musical arrangement of the work to the extent necessary to conform  
          it to the style or manner of interpretation of the performance  
          involved, but the arrangement shall not change the basic melody or  
          fundamental character of the work, and shall not be subject to  
          protection as a derivative work under this title, except with the  
          express consent of the copyright owner. 
 
          (b) Notice of Intention to Obtain Compulsory License.- 
 
               (1) Any person who wishes to obtain a compulsory license under  
          this section shall, before or within thirty days after making and  
          before distributing any phonorecords of the work, serve notice of  
          intention to do so on the copyright owner.  If the registration or  
          other public records of the Copyright Office do not identify the  
          copyright owner and include an address at which notice can be  
          served, it shall be sufficient to file the notice of intention in the  
          Copyright Office.  The notice shall comply, in form, content, and  
          manner of service, with requirements that the Register of  
          Copyrights shall prescribe by regulation.  
 
               (2) Failure to serve or file the notice required by clause(1)  
          forecloses the possibility of a compulsory license and, in the  
          absence of a negotiated license, renders the making and distribution  
          of phonorecords actionable as acts of infringement under section 501  
          and fully subject to the remedies provided by sections 502 through  
          506 and 509. 
 
          (c) Royalty Payable Under Compulsory Licence - 
 
               (1) To be entitled to receive royalties under a compulsory 
          license, the copyright owner must be identified in the registration 
          or other public records of the Copyright Office.  The owner is  
          entitled to royalties for phonorecords made and distributed after  
          being so identified, but is not entitled to recover for any  
          phonorecords previously made and distributed. 
 
               (2) Except as provided by clause (1), the royalty under a  
          compulsory license shall be payable for every phonorecord made  
          and distributed in accordance with the license.  For this purpose, a  
          phonorecord is considered "distributed" if the person exercising the  
          compulsory license has voluntarily and permanently parted with  
          its possession.  With respect to each work embodied in the  
          phonorecord, the royalty shall be either two and three-fourths  
          cents, or one-half of one cent per minute of playing time or fraction  
          thereof, which amount is larger. 
 
               (3) A compulsory license under this section includes the right 
          of the maker of a phonorecord of a nondramatic musical work under  
          subsection (a)(1) to distribute or authorize distribution of such  
          phonorecord by rental, lease, or lending (or by acts or practices in  
          the nature of rental, lease, or lending).  In addition to any royalty  
          payable under clause (2) and chapter 8 of this title, a royalty shall  
          be payable by the compulsory licensee for every act of distribution  
          of a phonorecord by or in the nature of rental, lease, or lending, by  
          or under the authority of the compulsory licensee.  With respect to  
          each nondramatic musical work embodied in the phonorecord, the  
          royalty shall be a proportion of the revenue received by the  
          compulsory licensee from every such act of distribution of the  
          phonorecord under this clause equal to the proportion of the  
          revenue received by the compulsory licensee from distribution of  
          the phonorecord under clause (2) that is payable by a compulsory  
          licensee under that clause and under chapter 8.  The Register of  
          Copyrights shall issue regulations to carry out the purpose of this  
          clause. 
 
               (4) Royalty payments shall be made on or before the twentieth  
          day of each month and shall include all royalties for the month  
          next preceding. Each monthly payment shall be made under oath  
          and shall comply with requirements that the Register of  
          Copyrights shall prescribe by regulation. The Register shall also  
          prescribe regulations under which detailed cumulative annual  
          statements of account, certified by a certified public accountant,  
          shall be filed for every compulsory license under this section. The  
          regulations covering both the monthly and the annual statements  
          of account shall prescribe the form, content, and manner of  
          certification with respect to the number of records made and the  
          number of records distributed. 
 
               (5) If the copyright owner does not receive the monthly payment  
          and the monthly and annual statements of account when due, the  
          owner may give written notice to the licensee that, unless the  
          default is remedied within thirty days from the date of the notice,  
          the compulsory license will be automatically terminated.  Such  
          termination renders either the making or the distribution, or both,  
          of all phonorecords for which the royalty has not been paid,  
          actionable as acts of infringement under section 501 and fully 
          subject to the remedies provided by sections 502 through 506 and 509. 
 
 
Section 116.  Scope of exclusive rights in nondramatic musical works:   
Public performances by means of coin-operated phonorecord players. 
 
     (a) Limitation on Exclusive Right.- In the case of a nondramatic  
musical work embodied in a phonorecord, the exclusive right under  
clause (4) of section 106 to perform the work publicly by means of a coin- 
operated phonorecord player is limited as follows: 
 
          (1) The proprietor of the establishment in which the public  
     performance takes place is not liable for infringement with respect to  
     such public performance unless- 
 
               (A) such proprietor is the operator of the phonorecord player;  
          or 
 
               (B) such proprietor refuses or fails, within one month after  
          receipt by registered or certified mail of a request, at a time 
          during which the certificate required by clause (1)(C) of subsection 
          (b) is not affixed to the phonorecord player, by the copyright owner, 
          to make full disclosure, by registered or certified mail, of the  
          identity of the operator of the operator of the phonorecord player. 
 
          (2) The operator of the coin-operated phonorecord player may  
     obtain a compulsory license to perform the work publicly on that  
     phonorecord player by filing the application, affixing the  
     certificate, and paying the royalties provided by subsection (b). 
 
     (b) Recordation of Coin-Operated Phonorecord Player, Affixation of  
Certificate, and Royalty Payable under Compulsory License.- Any  
operator who wishes to obtain a compulsory license for the public  
performance of works on a coin-operated phonorecord player shall  
fulfill the following requirements: 
 
          (A) Before or within one month after such performances are made  
     available on a particular phonorecord player, and during the month  
     of January in each succeeding year that such performances are made  
     available on that particular phonorecord player, the operator shall  
     file in the Copyright Office, in accordance with requirements that  
     the Register of Copyrights, after consultation with the Copyright  
     Royalty Tribunal (if and when the Tribunal has been constituted),  
     shall prescribe by regulation, an application containing the name and  
     address of the operator of the phonorecord player and the  
     manufacturer and serial number or other explicit identification of the  
     phonorecord player, and deposit with the Register of Copyrights a  
     royalty fee for the current calendar year of $8 for that particular  
     phonorecord player.  If such performances are made available on a  
     particular phonorecord player for the first time after July 1 of any  
     year, the royalty fee to be deposited for the remainder of that year  
     shall be $4. 
 
          (B) Within twenty days of receipt of an application and a royalty  
     fee pursuant to subclause (A), the Register of Copyrights shall issue  
     to the applicant a certificate for the phonorecord player. 
 
          (C) On or before March 1 of the year in which the certificate  
     prescribed by subclause (B) of this clause is issued, or within ten days  
     after the date of issue of the certificate, the operator shall affix to  
     the particular phonorecord player, in a position where it can be  
     readily examined by the public, the certificate, issued by the  
     Register of Copyrights under subclause (B) of the latest application  
     made by such operator under subclause (A) of this clause with respect  
     to that phonorecord player. 
 
          (2) Failure to file the application, to affix the certificate, or to  
     pay royalty required by clause (1) of this subsection renders the  
     public performance actionable as an act of infringement under section  
     501 and fully subject to the remedies provided by sections 502 through  
     506 and 509. 
 
     (c) Distribution of Royalties -. 
 
          (1) The Register of Copyrights shall receive all fees deposited  
     under this section and, after deducting the reasonable costs incurred  
     by the Copyright Office under this section, shall deposit the balance  
     in the Treasury of the United States, in such manner as the Secretary  
     of the Treasury directs.  All funds held by the Secretary of the  
     Treasury shall be invested in interest-bearing United States  
     securities for later distribution with interest by the Copyright  
     Royalty Tribunal as provided by this title. The Register shall submit  
     to the Copyright Royalty Tribunal,on an annual bases, a detailed  
     statement of account covering all fees received for the relevant period  
     provided by subsection(b). 
 
          (2) During the month of January in each year, every person  
     claiming to be entitled to compulsory license fees under this section  
     for performances during the preceding twelve-month period shall  
     file a claim with the Copyright Royalty Tribunal, in accordance  
     with requirements that the Tribunal shall prescribe by regulation.   
     Such claim shall include an agreement to accept as final, except as  
     provided in section 810 of this title, the determination of the  
     Copyright Royalty Tribunal in any controversy concerning the  
     distribution of royalty fees deposited under subclause (A) of  
     subsection (b)(1) of this section to which the claimant is a party.   
     Notwithstanding any provisions of the antitrust laws, for purposes of  
     this subsection any claimants may agree among themselves as to the  
     proportionate division of compulsory licensing fees among them, may  
     lump their claims together and file them jointly or as a single claim,  
     or may designate a common agent to receive payment on their behalf. 
 
          (3) After the first day of October of each year, the Copyright  
     Royalty Tribunal shall determine whether there exists a controversy  
     concerning the distribution of royalty fees deposited under subclause  
     (A) of subsection (b)(1). If the Tribunal determines that no such  
     controversy exists, it shall, after deducting its reasonable  
     administrative costs under this section, distribute such fees to the  
     copyright owners entitled, or to their designated agents.  If it finds  
     that such a controversy exists, it shall, pursuant to chapter 8 of this  
     title, conduct a proceeding to determine the distribution of royalty  
     fees. 
 
          (4) The fees to be distributed shall be divided as follows: 
 
               (A) to every copyright owner not affiliated with a performing  
          rights society, the pro rata share of the fees to be distributed to  
          which such copyright owner proves entitlement. 
 
               (B) to the performing rights societies, the remainder of the 
          fees to be distributed in such pro rata shares as they shall by  
          agreement stipulate among themselves, or, if they fail to agree, the  
          pro rate share to which such performing rights societies prove  
          entitlement. 
 
               (C) during the pendency of any proceeding under this section, 
          the Copyright Royalty Tribunal shall withhold from distribution an  
          amount sufficient to satisfy all claims with respect to which a  
          controversy exists, but shall have discretion to proceed to  
          distribute any amounts that are not in controversy. 
 
          (5) The Copyright Royalty Tribunal shall promulgate regulations  
     under which persons who can reasonably be expected to have claims  
     may, during the year in which performances take place, without  
     expense to or harassment of operators or proprietors of establishments  
     in which phonorecord players are located, have such access to such  
     establishments and to the phonorecord players located therein and  
     such opportunity to obtain information with respect thereto as may  
     be reasonably necessary to determine, by sampling procedures or  
     otherwise, the proportion of contribution of the musical works of each  
     such person to the earnings of the phonorecord players for which fees  
     shall have been deposited.  Any person who alleges that he or she  
     has been denied the access permitted under the regulations prescribed  
     by the Copyright Royalty Tribunal may bring an action in the United  
     States District Court for the District of Columbia for the cancellation  
     of the compulsory license of the phonorecord player to which such  
     access has been denied, and the court shall have the power to declare  
     the compulsory license thereof invalid from the date of issue thereof. 
 
     (d) Criminal Penalties.-Any person who knowingly makes a false  
representation of a material fact in an application filed under clause  
(1)(A)of subsection (b), or who knowingly alters a certificate issued  
under clause (1)(B) of subsection (b) or knowingly affixes such  
certificate to a phonorecord player other than the one it covers, shall  
be fined not more than $2,500. 
 
     (e) Definitions.-As used in this section, the following terms and their  
variant forms mean the following: 
 
          (1)  A "coin-operated phonorecord player" is a machine or device  
     that- 
 
               (A) is employed solely for the performance of non-dramatic  
          musical works by means of phonorecords upon being activated by  
          insertion of coins, currency, tokens, or other monetary units or  
          their equivalent;  
 
               (B) is located in an establishment making no direct or indirect  
          charge for admission; 
 
               (C) is accompanied by a list of titles of all the musical works  
          available for performance on it, which list is affixed to the  
          phonorecord player or posted in the establishment in a prominent  
          position where it can be readily examined by the public; and  
 
               (D) affords a choice of works available for performance and  
          permits the choice to be made by the patrons of the establishment  
          in which it is located. 
 
          (2) An "operator" is any person who, alone or jointly with others: 
 
               (A) owns a coin-operated phonorecord player; or 
 
               (B) has the power to make a coin-operated phonorecord player  
          available for placement in an establishment for purposes of public  
          performance; or 
 
               (C) has the power to exercise primary control over the selection  
          of the musical works made available for public performance on a  
          coin-operated phonorecord player. 
 
          (3) A "performing rights society" is an association or corporation  
     that licenses the public performance of nondramatic musical works on  
     behalf of the copyright owners, such as the American Society of  
     Composers, Authors and Publishers, Broadcast Music, Inc., and SE- 
     SAC, Inc. 
 
 
Section 117.  Limitations on exclusive rights: Computer programs. 
 
     Notwithstanding the provisions of section 106, it is not an  
infringement for the owner of a copy of a computer program to make or  
authorize the making of another copy or adaptation of that computer  
program provided: 
 
          (1) that such a new copy or adaptation is created as an essential  
     step in the utilization of the computer program in conjunction with a  
     machine and that it is used in no other manner, or 
 
          (2) that such new copy or adaptation is for archival purposes only  
     and that all archival copies are destroyed in the event that  
     continued possession of the computer program should cease to be  
     rightful.  Any exact copies prepared in accordance with the  
     provisions of this section may be leased, sold, or otherwise  
     transferred, along with the copy from which such copies were  
     prepared, only as part of the lease, sale, or other transfer of all  
     rights in the program.  Adaptations so prepared may be transferred  
     only with the authorization of the copyright owner. 
 
 
Section 118.  Scope of exclusive rights: Use of certain works in connection  
with noncommercial broadcasting. 
 
     (a) The exclusive rights provided by section 106 shall, with respect  
to the works specified by subsection (b) and the activities specified by  
subsection (d), be subject to the conditions and limitations prescribed by  
this section. 
 
     (b) Not later than thirty days after the Copyright Royalty Tribunal  
has been constituted in accordance with section 802, the Chairman of  
the Tribunal shall cause notice to be published in the Federal Register  
of the initiation of proceedings for the purpose of determining  
reasonable terms and rates of royalty payments for the activities  
specified by subsection (d) with respect to published nondramatic  
musical works and published pictorial, graphic, and sculptural works  
during a period beginning as provided in clause (3) of this subsection and  
ending on December 31, 1982.  Copyright owners and public broadcasting  
entities shall negotiate and agree upon the terms and rates of royalty  
payments and the proportionate division of fees paid among various  
copyright owners, and may designate common agents to negotiate, agree  
to, pay, or receive payments. 
 
          (1) Any owner of copyright in a work specified in this subsection or  
     any public broadcasting entity may, within one hundred and twenty  
     days after publication of the notice specified in this subsection,  
     submit to the Copyright Royalty Tribunal proposed licenses covering  
     such activities with respect to such works.  The Copyright Royalty  
     Tribunal shall proceed on the basis of the proposals submitted to it as  
     well as any other relevant information.  The Copyright Royalty  
     Tribunal shall permit any interested party to submit information  
     relevant to such proceedings. 
 
          (2) License agreements voluntarily negotiated at any time between  
     one or more copyright owners and one or more public broadcasting  
     entities shall be given effect in lieu of any determination by the  
     Tribunal: Provided, That copies of such agreements are filed in the  
     Copyright Office within thirty days of execution in accordance with  
     regulations that the Register of Copyrights shall prescribe. 
 
          (3) Within six months, but not earlier than one hundred and twenty  
     days, from the date of publication of the notice specified in this  
     subsection the Copyright Royalty Tribunal shall make a  
     determination and publish in the Federal Register a schedule of rates  
     and terms which, subject to clause (2) of this subsection, shall be  
     binding on all owners of copyright in works specified by this  
     subsection and public broadcasting entities, regardless of whether or  
     not such copyright owners and public broadcasting entities have  
     submitted proposals to the Tribunal.  In establishing such rates and  
     terms the Copyright Royalty Tribunal may consider the rates for  
     comparable circumstances under voluntary license agreements  
     negotiated as provided in clause (2) of this subsection.  The  
     Copyright Royalty Tribunal shall also establish requirements by  
     which copyright owners may receive reasonable notice of the use of  
     their works under this section, and under which records of such use  
     shall be kept by public broadcasting entities. 
 
          (4) With respect to the period beginning on the effective date of  
     this title and ending on the date of publication of such rates and  
     terms, this title shall not afford to owners of copyright or public  
     broadcasting entities any greater or lesser rights with respect to the  
     activities specified in subsection (d) as applied to works specified in  
     this subsection than those afforded under the law in effect on  
     December 31, 1977, as held applicable and construed by a court in an  
     action brought under this title. 
 
     (c) The initial procedure specified in subsection (b) shall be repeated  
and concluded between June 30 and December 31, 1982, and at five-year  
intervals thereafter, in accordance with regulations that the  
Copyright Royalty Tribunal shall prescribe 
 
     (d) Subject to the transitional provisions of subsection (b)(4), and to  
the terms of any voluntary license agreements that have been  
negotiated as provided by subsection (b)(2), a public broadcasting entity  
may, upon compliance with the provisions of this section, including the  
rates and terms established by the Copyright Royalty Tribunal under  
subsection (b)(3), engage in the following activities with respect to  
published nondramatic musical works and published pictorial,  
graphic, and sculptural works: 
 
          (1) performance or display of a work by or in the course of a  
     transmission made by a noncommercial educational broadcast station  
     referred to in subsection (g); and 
 
          (2) production of a transmission program, reproduction of copies or  
     phonorecords, where such production, reproduction, or distribution is  
     made by a nonprofit institution or organization solely for the purpose  
     of transmission specified in clause (1); and 
 
          (3) the making of reproductions by a governmental body or a  
     nonprofit institution of a transmission program simultaneously with  
     its transmission as specified in clause (1), and the performance or  
     display of the contents of such program under the conditions specified  
     by clause (1) of section 110, but only if the reproductions are used for  
     performances or displays for a period of no more than seven days from  
     the date of the transmission specified in clause (1), and are destroyed  
     before or at the end of such period.  No person supplying, in  
     accordance with clause (2), a reproduction of a transmission program  
     to governmental bodies or nonprofit institutions under this clause  
     shall have any liability as a result of failure of such body or  
     institution to destroy such reproduction: Provided, That it shall have  
     notified such body or institution of the requirement for such  
     destruction pursuant to this clause: And provided further, That if  
     such body or institution itself fails to destroy such reproduction it  
     shall be deemed to have infringed. 
 
     (e) Except as expressly provided in this subsection, this section shall  
have no applicability to works other than those specified in subsection (b). 
 
          (1) Owners of copyright in nondramatic literary works and public  
     broadcasting entities may, during the course of voluntary  
     negotiations, agree among themselves, respectively, as to the terms  
     and rates of royalty payments without liability under the antitrust  
     laws.  Any such terms and rates of royalty payments shall be  
     effective upon filing in the Copyright Office, in accordance with  
     regulations that the Register of Copyrights shall prescribe. 
 
          (2) On January 3, 1980, the Register of Copyrights, after consulting  
     with authors and other owners of copyright in nondramatic literary  
     works and their representatives, and with public broadcasting  
     entities and their representatives, shall submit to the Congress a  
     report setting forth the extent to which voluntary licensing  
     arrangements have been reached with respect to the use of  
     nondramatic literary works by such broadcast stations.  The report  
     should also describe any problems that may have arisen, and present  
     legislative or other recommendations, if warranted. 
 
     (f) Nothing in this section shall be construed to permit, beyond the  
limits of fair use as provided by section 107, the unauthorized  
dramatization of a nondramatic musical work, the production of a  
transmission program drawn to any substantial extent from a published  
compilation of pictorial, graphic, or sculptural works, or the  
unauthorized use of any portion of an audiovisual work. 
 
     (g) As used in this section, the term "public broadcasting entity"  
means a noncommercial educational broadcast station as defined in  
section 397 of title 47 and any nonprofit institution or organization  
engaged in the activities described in clause (2) of subsection (d). 
 
 
 
CHAPTER 2--COPYRIGHT OWNERSHIP AND TRANSFER.   
Analysis 
 
Sec. 
201.  Ownership of copyright. 
202.  Ownership of copyright as distinct from ownership of material object. 
203.  Termination of transfers and licenses granted by the author. 
204.  Execution of transfers of copyright ownership. 
205.  Recordation of transfers and other documents. 
 
Section 201.  Ownership of copyright. 
 
     (a) Initial ownership. -- Copyright in a work protected under this  
title vests initially in the author or authors of the work.  The authors  
of a joint work are co-owners of copyright in the work. 
 
     (b) Works Made for Hire. -- In the case of a work made for hire, the  
employer or other person for whom the work was prepared is considered  
the author for purposes of this title, and, unless the parties have  
expressly agreed otherwise in a written instrument signed by them,  
owns all of the rights comprised in the copyright. 
 
     (c) Contributions to Collective Works. -- Copyright in each separate  
contribution to a collective work is distinct from copyright in the  
collective work as a whole, and vests initially in the author of the  
contribution.  In the absence of an express transfer of the copyright or of  
any rights under it, the owner of copyright in the collective work is  
presumed to have acquired only the privilege of reproducing and  
distributing the contribution as part of that particular collective work,  
any revision of that collective work, and any later collective work in  
the same series. 
 
     (d) Transfer of Ownership. -- 
 
          (1) The ownership of a copyright may be transferred in whole or in  
     part by any means of conveyance or by operation of law, and may be  
     bequeathed by will or pass as personal property by the applicable  
     laws of intestate succession. 
 
          (2) Any of the exclusive rights comprised in a copyright, including  
     any subdivision of any of the rights specified by section 106, may be  
     transferred as provided by clause (1) and owned separately.  The  
     owner of any particular exclusive right is entitled, to the extent of  
     that right, to all of the protection and remedies accorded to the  
     copyright owner by this title. 
 
     (e) Involuntary Transfer. -- When an individual author's ownership  
of a copyright, or of any of the exclusive rights under a copyright, has  
not previously been transferred voluntarily by that individual author,  
no action by any governmental body or other official or organization  
purporting to seize, expropriate, transfer, or exercise rights of  
ownership with respect to the copyright, or any of the exclusive rights  
under a copyright, shall be give effect under this title except as  
provided under Title 11. 
 
 
Section 202.  Ownership of copyright as distinct from ownership of  
material object. 
 
     Ownership of a copyright, or of any of the exclusive rights under a  
copyright, is distinct from ownership of any material object in which  
the work is embodied.  Transfer of ownership of any material object,  
including the copy or phonorecord in which the work is first fixed, does  
not of itself convey any rights in the copyrighted work embodied in the  
object; nor, in the absence of an agreement, does transfer of ownership of  
a copyright or of any exclusive rights under a copyright convey  
property rights in any material object.   
 
 
Section 203.  Termination of transfers and licenses granted by the  
author. 
 
     (a) Conditions for Termination. -- In the case of any work other than  
a work made for hire, the exclusive or nonexclusive grant of a transfer or  
license of copyright or of any right under a copyright, executed by the  
author on or after January 1, 1978, otherwise than be will, is subject to  
termination under the following conditions: 
 
          (1) In the case of a grant executed by one author, termination of the  
     grant may be effected by that author or if the author is dead, by the  
     person or persons who, under clause (2) of this subsection, own and are  
     entitled to exercise a total of more than one-half of that author's  
     termination interest.  In the case of a grant executed by two or more  
     authors who executed it; if any of such authors is dead, the  
     termination interest of any such author may be exercised as a unit by  
     the person or persons who, under clause (2) of this subsection, own and  
     are entitled to exercise a total of more than one-half of that author's  
     interest. 
 
          (2) Where an author is dead, his or her termination interest is  
     owned, and may be exercised, by his widow or her widower and his or  
     her children or grandchildren as follows: 
 
               (A) the widow or widower owns the author's entire termination  
          interest unless there are any surviving children or grandchildren of  
          the author, in which case the widow or widower owns one-half of  
          the author's interest; 
 
               (B) the author's surviving children, and the surviving children  
          of any dead child of the author, own the author's entire  
          termination interest unless there is a widow or widower, in which  
          case the ownership of one-half of the author's interest is divided  
          among them; 
 
               (C) the rights of the author's children and grandchildren are in  
          all cases divided among them and exercised on a per stirpes basis  
          according to the number of such author's children represented; the  
          share of the children of a dead child in a termination interest can  
          be exercised only by the action of a majority of them. 
 
          (3) Termination of the grant may be effected at any time during a  
     period of five years beginning at the end of thirty-five years from  
     the date of publication of the work under the grant or at the end of  
     forty years from the date of execution of the grant, whichever term  
     ends earlier. 
 
          (4) The termination shall be effected by serving an advance notice  
     in writing, signed by the number and proportion of owners of  
     termination interests required under clauses (1) and (2) of this  
     subsection, or by their duly authorized agents, upon the grantee or the  
     grantee's successor in title. 
 
               (A) The notice shall state the effective date of the   
          termination, which shall fall within the five-year period specified  
          by clause (3) of this subsection, and the notice shall be served not 
          less than two or more than ten years before that date.  A copy of  
          the notice shall be recorded in the Copyright Office before the  
          effective date of termination, as a condition to its taking effect. 
 
               (B) The notice shall comply, in form, content, and manner of  
          service, with requirements that the Register of Copyrights shall  
          prescribe by regulation. 
 
          (5) Termination of the grant may be effected notwithstanding any  
     agreement to the contrary, including an agreement to make a will or  
     to make any future grant. 
 
     (b) Effect of Termination. -- Upon the effective date of termination,  
all rights under this title that were covered by the terminated grants  
revert to the author, authors, or other persons owning termination  
interests under clauses (1) and (2) of subsection (a), including those  
owners who did not join in signing the notice of termination under clause  
(4) of subsection (a), but with the following limitations: 
 
          (1) A derivative work prepared under authority of the grant  
     become its termination may continue to be utilized under the terms of  
     the grant after its termination, but this privilege does not extend to  
     the preparation after the termination of other derivative works  
     based upon the copyrighted work covered by the terminated grant. 
 
          (2) The future rights that will revert upon termination of the grant  
     before vested on the date the notice of termination has been served as  
     provided by clause (4) of subsection (a).  The rights vest in the  
     author, authors, and other persons named in, and in the proportionate  
     shares provided by, clauses (1) and (2) of subsection (a). 
 
          (3) Subject to the provisions of clause (4) of this subsection, a  
     further grant, or agreement to make a further grant, of any right  
     covered by a terminated grant is valid only if it is signed by the same  
     number and proportion of the owners, in whom the right has vested  
     under clause (2) of this subsection, as are required to terminate the  
     grant under clauses (1) and (2) of subsection (a).  Such further grant or  
     agreement is effective with respect to all of the persons in whom the  
     right it covers has vested under clause (2) of this subsection, including  
     those who did not join in signing it.  If any person dies after rights  
     under a terminated grant have vested in him or her, that person's  
     legal representatives, legatees, or heirs at law represent him or her  
     for purposes of this clause. 
 
          (4) A further grant, or agreement to make a further grant, of any  
     right covered by a terminated grant is valid only if it is made after  
     the effective date of the termination.  As an exception, however, an  
     agreement for such a further grant may be made between the persons  
     provided by clause (3) of this subsection and the original grantee or  
     such grantee's successor in title, after the notice of termination has  
     been served as provided by clause (4) of subsection (a).  
 
          (5) Termination of a grant under this section affects only those  
     rights covered by the grants that arise under this title. and in no way  
     affects rights arising under any other Federal, State, or foreign laws. 
 
          (6) Unless and until termination is effected under this section, the  
     grant, if it does not provide otherwise, continues in effect for the term  
     of copyright provided by this title. 
 
 
Section 204.  Execution of transfers of copyright ownership. 
 
     (a) A transfer of copyright ownership, other than by operation of  
law, is not valid unless an instrument of conveyance, or a note or  
memorandum of the transfer, is in writing and signed by the owner of  
the rights conveyed or such owner's duly authorized agent. 
 
     (b) A certificate of acknowledgement is not required for the validity  
of a transfer, but is prima facie evidence of the execution of the transfer  
if- 
 
          (1) in the case of a transfer executed in the United States, the  
     certificate is issued by a person authorized to administer oaths  
     within the United States; or 
 
          (2) in the case of a transfer executed in a foreign country, the  
     certificate is issued by a diplomatic or consular officer of the United  
     States, or by a person authorized to administer oaths whose  
     authority is proved by a certificate of such an officer. 
 
 
Section 205.  Recordation of transfers and other documents. 
 
     (a) Conditions for Recordation. -- Any transfer of copyright  
ownership or other document pertaining to a copyright 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. 
 
     (b) Certificate of Recordation. -- The register of Copyrights shall,  
upon receipt of a document as provided by subsection (a) and of the fee  
provided by section 708, record the document and return it with a  
certificate of recordation. 
 
     (c) Recordation as Constructive Notice. -- Recordation of a document  
in the Copyright Office gives all persons constructive notice of the facts  
stated in the recorded document, but only if- 
 
          (1) the document, or material attached to it, specifically identifies  
     the work to which it pertains so that, after the document is indexed  
     by the Register of Copyrights, it would be revealed by a reasonable  
     search under the title or registration number of the work; and 
 
          (2) registration has been made for the work. 
 
     (d) Recordation as Prerequisite to Infringement Suit. -- No person  
claiming by virtue of a transfer to be the owner of copyright or of any  
exclusive right under a copyright is entitled to institute an infringement  
action under this title until the instrument of transfer under which such  
person claims has been recorded in the Copyright Office, but suit may  
be instituted after such recordation on a cause of action that arose before  
recordation. 
 
     (e) Priority Between Conflicting Transfers. -- As between two  
conflicting transfers, the one executed first prevails if it is recorded, in  
the manner required to give constructive notice under subsection (c),  
within one month after its execution in the United States, or at any  
time before recordation in such manner of the later transfer.  Otherwise  
the later transfer prevails if recorded first in such manner, and if taken  
in good faith, for valuable consideration or on the basis of a binding  
promise to pay royalties, and without notice of the earlier transfer. 
 
     (f) Priority Between Conflicting Transfer of Ownership and  
Nonexclusive License. -- A nonexclusive license, whether recorded or  
not, prevails over a conflicting transfer of copyright ownership if the  
license is evidenced by a written instrument signed by the owner of the  
rights licensed or such owner's duly authorized agent, and if - 
 
          (1) the license was taken before execution of the transfer; or 
 
          (2) the license was taken in good faith before recordation of the  
     transfer and without notice of it. 
 
 
 
CHAPTER 3 - DURATION OF COPYRIGHT.  Analysis. 
 
Sec. 
301.Preemption with respect to other laws. 
302.Duration of copyright:  Works created on or after January 1, 1978. 
303.Duration of copyright:  Works created but not published or  
        copyrighted before January 1, 1978. 
304.Duration of copyright:  Subsisting copyrights. 
305.Duration of copyright:  Terminal date. 
 
Section 301.  Preemption with respect to other laws. 
 
     (a) On and after January 1, 1978, all legal or equitable rights that are  
equivalent to any of the exclusive rights within the general scope of  
copyright as specified by section 106 in works of authorship that are  
fixed in a tangible medium of expression and come within the subject  
matter of copyright as specified by sections 102 and 103, whether  
created before or after that date and whether published or  
unpublished, are governed exclusively by this title. Thereafter, no  
person is entitled to any such right or equivalent right in any such work  
under the common law or statutes of any State. 
 
     (b) Nothing in this title annuls or limits any rights or remedies under  
the common law or statutes or any state with respect to- 
 
          (1) subject matter that does not come within the subject matter of  
     copyright as specified by sections 102 and 103, including works of  
     authorship not fixed in any tangible medium of expression; or 
 
          (2) any cause of action arising from undertakings commenced before  
     January 1, 1978; or 
 
          (3) activities violating legal or equitable rights that are not  
     equivalent to any of the exclusive rights within the general scope of  
     copyright as specified by section 106. 
 
     (c) With respect to sound recordings fixed before February 15, 1972,  
any rights or remedies under the common law or statutes of any State  
shall not be annulled or limited by this title until February 15, 2047.  
The preemptive provisions of subsection (a) shall apply to any such  
rights and remedies pertaining to any cause of action arising from  
undertakings commenced on and after February 15, 2047.   
Notwithstanding the provisions of section 303, no sound recording fixed  
before February 15, 1972, shall be subject to copyright under this title  
before, on, or after February 15, 2047. 
 
     (d) Nothing in this title annuls or limits any rights or remedies under  
any other Federal statute. 
 
 
Section 302. Duration of copyright: Works created on or after January 1,  
1978. 
 
     (a) In General. -- Copyright in a work created on or after January 1,  
1978, subsists from its creation and, except as provided by the following  
subsections, endures for a term consisting of the life of the author and  
fifty years after the author's death. 
 
     (b) Joint Works. -- In the case of a joint work prepared by two or more  
authors who did not work for hire, the copyright endures for a term  
consisting of the life of the last surviving author and fifty years after  
such last surviving author's death. 
 
     (c) Anonymous Works, Pseudonymous Works, and Works Made for  
Hire. -- In the case of an anonymous work, a pseudonymous work, or a  
work made for hire, the copyright endures for a term of seventy-five  
years for the year of its first publication, or a term of one hundred years  
from the year of its creation, whichever expires first. If, before the end  
of such term, the identity of one or more of the authors of an anonymous  
or pseudonymous work is revealed in the records of a registration made  
for that work under subsections (a) or (d) of section 408, or in the records  
provided by this subsection, the copyright in the work endures for the  
term specified by subsection (a) or (b), based on the life of the author or  
authors whose identity has been revealed.  Any person having an  
interest in the copyright in an anonymous or pseudonymous work may at  
any time record, in records to be maintained by the Copyright Office for  
that purpose, a statement identifying one or more authors of the work;  
the statement shall also identify the person filing it, the nature of that  
person's interest, the source of the information recorded, and the  
particular work affected, and shall comply in form and content with  
requirements that the Register of Copyrights shall prescribe by  
regulation. 
 
     (d) Records Relating to Death of Authors. -- Any person having an  
interest in a copyright may at any time record in the Copyright Office  
a statement of the date of death of the author of the copyrighted work,  
or a statement that the author is still living on a particular date.  The  
statement shall identify the person filing it, the nature of that person's  
interest, and the source of the information recorded, and shall comply  
in form and content with requirements that the Register of Copyrights  
shall prescribe by regulation.  The Register shall maintain current  
records of information relating to the death of authors of copyrighted  
works, based on such recorded statements and, to the extent the Register  
considers practicable, on data contained in any of the records of the  
Copyright Office or in other reference sources. 
 
     (e) Presumption as to Author's Death. -- After a period of seventy- 
five years from the year of first publication of a work, or a period of one  
hundred years from the year of its creation, whichever expires first,  
any person who obtains from the Copyright Office a certified report  
that the records provided by subsection (d) disclose nothing to indicate  
that the author of the work is living, or died less than fifty years  
before, is entitled to the benefit of a presumption that the author has  
been dead for at least fifty years.  Reliance in food faith upon this  
presumption shall be a complete defense to any action for infringement  
under this title. 
 
 
Section 303.  Duration of copyright: Works created but not published or  
copyrighted before January 1, 1978. 
 
     Copyright in a work created before January 1, 1978, but not  
theretofore in the public domain or copyrighted, subsists from January  
1, 1978, and endures for the term provided by section 302.  In no case,  
however, shall the term of copyright in such a work expire before  
December 31, 2002; and, if the work is published on or before December  
31, 2002, the term of copyright shall not expire before December 31,  
2027. 
 
 
Section 304.  Duration of copyright: Subsisting copyrights. 
 
     (a) Copyrights in Their First Term on January 1, 1978. -- Any  
copyright, the first term of which is subsisting on January 1, 1978, shall  
endure for twenty-eight years from the date it was originally secured:  
Provided, That in the case of any posthumous work or of any periodical,  
cyclopedic, or other composite work upon which the copyright was  
originally secured by the proprietor thereof, or of any work  
copyrighted by a corporate body (otherwise than as assignee or licensee  
of the individual author) or by an employer for whom such work is  
made for hire, the proprietor of such copyright shall be entitled to a  
renewal and extension of the copyright in such work for the further  
term of forty-seven years when application for such renewal and  
extension shall have been made to the Copyright Office and duly  
registered therein within one year prior to the expiration of the  
original term of copyright: And provided further, That in the case of  
any other copyrighted work, including a contribution by an individual  
author to a periodical or to a cyclopedic or other composite work, the  
author of such work, if still living, or the widow, widower, or children  
of the author, if the author be not living, or if such author, widow,  
widower, or children be not living, then the author's executors, or in the  
absence of a will, his or her next of kin shall be entitled to a renewal  
and extension of the copyright in such work for a further term of forty- 
seven years when application for such renewal and extension shall  
have been made to the Copyright Office and duly registered therein  
within one year prior to the expiration of the original term of  
copyright: And provided further, That in default of the registration of  
such application for renewal and extension, the copyright in any work  
shall terminate at the expiration of twenty-eight years from the date  
copyright was originally secured. 
 
     (b) Copyrights in Their Renewal Term or Registered for Renewal  
Before January 1, 1978. -- The duration of any copyright, the renewal  
term of which is subsisting at any time between December 31, 1976, and  
December 31, 1977, inclusive, or for which renewal registration is made  
between December 31, 1976, and December 31, 1977, inclusive, is  
extended to endure for a term of seventy-five years from the date  
copyright was originally secured. 
 
     (c) Termination of Transfers and Licenses Covering Extended Renewal  
Term. -- In the case of any copyright subsisting in either its first or  
renewal term on January 1, 1978, other than a copyright in a work made  
for hire, the exclusive or nonexclusive grant of a transfer or license of  
the renewal copyright or any right under it, executed before January 1,  
1978, by any of the persons designated by the second proviso of  
subsection (a) of this section, otherwise than by will, is subject to  
termination under the following conditions: 
 
          (1) In the case of a grant executed by a person or persons other than  
     the author, termination of the grant may be effected by the  
     surviving person or persons who executed it.  In the case of a grant  
     executed by one or more of the authors of the work, termination of  
     the grant may be effected, to the extent of a particular author's  
     share in the ownership of the renewal copyright, by the author who  
     executed it, or, if such author is dead, the person or persons who,  
     under clause (2) of this subsection, own and are entitled to exercise a  
     total of more than one-half of that author's termination interest. 
 
          (2) Where an author is dead, his or her termination interest is  
     owned, and may be exercised, by his widow or her widower and his  
     or her children or grandchildren as follows: 
 
               (A) the widow or widower owns the author's entire termination  
          interest unless there are any surviving children or grandchildren  
          of the author, in which case the widow or widower owns one- 
          half of the author's interest; 
 
               (B) the author's surviving children, and the surviving children  
          of any dead child of the author, own the author's entire  
          termination interest unless there is a widow or widower, in  
          which case the ownership of one-half of the author's interest is  
          divided among them; 
 
               (C) the rights of the author's children and grandchildren are in  
          all cases divided among them and exercised on a per stirpes basis  
          according to the number of such author's children represented;  
          the share of the children of a dead child in a termination  
          interest can be exercised only by the action of a majority of them. 
 
          (3) Termination of the grant may be effected at any time during a  
     period of five years beginning at the end of fifty-six years from the  
     date copyright was originally secured, or beginning on January 1,  
     1978, whichever is later. 
 
          (4) The termination shall be effected by serving an advance notice  
     in writing upon the grantee or the grantee's successor in title.  In the  
     case of a grant executed by a person or persons other than the author,  
     the notice shall be signed by all of those entitled to terminate the  
     grant under clause (1) of this subsection, or by their duly authorized  
     agents. In the case of a grant executed by one or more of the authors  
     of the work, the notice as to any one author's share shall be signed  
     by that author or his or her duly authorized agent or, if that author  
     is dead, by the number and proportion of the owners of his or her  
     termination interest required under clauses (1) and (2) of this  
     subsection, or by their duly authorized agents. 
 
               (A) The notice shall state the effective date of the  
          termination, which shall fall within the five-year period specified  
          by clause (3) of this subsection, and the notice shall be served not  
          less than two or more than ten years before that date.  A copy of 
          the notice shall be recorded in the Copyright Office before the  
          effective date of termination, as a condition to its taking effect. 
 
               (B) The notice shall comply, in form, content, and manner of  
          service, with requirements that the Register of Copyrights shall  
          prescribe by regulation. 
 
          (5) Termination of the grant may be effected notwithstanding any  
     agreement to the  contrary, including an agreement to make a will or  
     to make any future grant. 
 
          (6) In the case of a grant executed by a person or persons other than  
     the author, all rights under this title that were covered by the  
     terminated grant revert, upon the effective date of termination, to  
     all of those entitled to terminate the grant under clause (1) of this  
     subsection.  In the case of a grant executed by one or more of the  
     authors of the work, all of a particular author's rights under this  
     title that were covered by the terminated grant revert, upon the  
     effective date of termination, to that author or, if that author is  
     dead, to the persons owning his or her termination interest under  
     clause (2) of this subsection, including those owners who did not join  
     in signing the notice of termination under clause (4) of this  
     subsection.  In all cases the reversion of rights is subject to the  
     following limitations: 
 
               (A) A derivative work prepared under authority of the grant  
          before its termination may continue to be utilized under the terms  
          of the grant after its termination, but this privilege does not  
          extend to the preparation after the termination of other  
          derivative works based upon the copyrighted work covered by  
          the terminated grant. 
 
               (B) The future rights that will revert upon termination of the  
          grant become vested on the date the notice of termination has  
          been served as provided by clause (4) of this subsection. 
 
               (C) Where the author's rights revert to two or more persons  
          under clause (2) of this subsection, they shall vest in those  
          persons in the proportionate shares provided by that clause.  In  
          such a case, and subject to the provisions of subclause (D) of this  
          clause, a further grant, or agreement to make a further grant, of a  
          particular author's share with respect to any right covered by a  
          terminated grant is valid only if it is signed by the same number  
          and proportion of the owners, in whom the right has vested  
          under this clause, as are required to terminate the grant under  
          clause (2) of this subsection.  Such further grant or agreement is  
          effective with respect to all of the persons in whom the right it  
          covers has vested under this subclause, including those who did  
          not join in signing it.  If any person dies after rights under a  
          terminated grant have vested in him or her, that person's legal  
          representatives, legatees, or heirs at law represent him or her  
          for purposes of this subclause. 
 
               (D) A further grant, or agreement to make a further grant, of 
          any right covered by a terminated grant is valid only if it is made  
          after the effective date of the termination.  As an exception,  
          however, an agreement for such a further grant may be made  
          between the author or any of the persons provided by the first  
          sentence of clause (6) of this subsection, or between the persons  
          provided by subclause (C) of this clause, and the original grantee  
          or such grantee's successor in title, after the notice of termination  
          has been served as provided by clause (4)  of this subsection. 
 
               (E) Termination of a grant under this subsection affects only 
          those rights covered by the grant that arise under this title, and  
          in no way affects rights arising under any other Federal, State, or  
          foreign laws. 
 
               (F) Unless and until termination is effected under this  
          subsection, the grant, if it does not provide otherwise, continues  
          in effect for the remainder of the extended renewal term. 
 
 
Section 305.  Duration of copyright: Terminal date. 
 
     All terms of copyright provided by sections 302 through 304 run to the  
end of the calendar year in which they would otherwise expire. 
 
 
 
CHAPTER 4--COPYRIGHT NOTICE, DEPOSIT, AND REGISTRATION. Analysis. 
 
Sec. 
401.  Notice of copyright: Visually perceptible copies. 
402.  Notice of copyright: Phonorecords of sound recordings. 
403.  Notice of copyright: Publications incorporating United States  
      Government works. 
404.  Notice of copyright: Contributions to collective works. 
405.  Notice of copyright: Omission of notice. 
406.  Notice of copyright: Error in name or date. 
407.  Deposit of copies or phonorecords for Library of Congress. 
408.  Copyright registration in general. 
409.  Application for copyright registration. 
410.  Registration of claim and issuance of certificate. 
411.  Registration as prerequisite to infringement suit. 
412.  Registration as prerequisite to certain remedies for infringement. 
 
Section 401.  Notice of copyright: Visually perceptible copies. 
 
     (a) General Requirement. -- Whenever a work protected under this  
title is published in the United States or elsewhere by authority of the  
copyright owner, a notice of copyright as provided by this section shall  
be placed on all publicly distributed copies from which the work can be  
visually perceived, either directly or with the aid of a machine or  
device. 
 
     (b) Form of Notice. -- The notice appearing on the copies shall consist  
of the following three elements: 
 
          (1) the symbol of a small letter "c" inside of a circle, or the word  
     "Copyright," or the abbreviation "Copr."; and 
 
          (2) the year of first publication of the work; in the case of  
     compilations or derivative work is sufficient.  The year date may be  
     omitted where a pictorial, graphic, or sculptural work, with  
     accompanying text matter, if any, is reproduced in or on greeting cards  
     postcards, stationery, jewelry, dolls, toys, or any useful articles; and 
 
          (3) the name of the owner of copyright in the work, or an  
     abbreviation by which the name can be recognized, or a generally  
     known alternative designation of the owner. 
 
     (c) Position of Notice. -- The notice shall be affixed to the copies in  
such manner and location as to give reasonable notice of the claim of  
copyright. 
 
The Register of Copyrights shall prescribe by regulation, as examples,  
specific methods of affixation and positions of the notice on various  
types of works that will satisfy this requirement, but these  
specifications shall not be considered exhaustive. 
 
 
Section 402.  Notice of copyright: Phonorecords of sound recordings. 
 
     (a) General Requirement. -- Whenever a sound recording protected  
under this title is published in the United States or elsewhere by  
authority of the copyright owner, a notice of copyright as provided by  
this section shall be placed on all publicly distributed phonorecords of  
the sound recording. 
 
     (b) Form of Notice.- The notice appearing on the phonorecords shall  
consist of the following three elements: 
 
          (1) the symbol of a small letter "p" inside of a circle; and 
 
          (2) the year of first publication of the sound recording; and 
 
          (3) the name of the owner of copyright in the sound recording, or an  
     abbreviation by which the name can be recognized, or a generally  
     known alternative designation of the owner; if the producer of the  
     sound recording is named on the phonorecord labels or containers, and  
     if no other name appears in conjunction with the notice, the producer's  
     name shall be considered a part of the notice. 
 
     (c) Position of Notice. -- The notice shall be placed on the surface of  
the phonorecord, or on the phonorecord label or container, in such  
manner and location as to give reasonable notice of the claim of  
copyright. 
 
 
Section 403.  Notice of copyright: Publications incorporating United  
States Government works. 
 
     Whenever a work is published in copies or phonorecords consisting  
preponderantly of one or more works of the United States Government,  
the notice of copyright provided by sections 401 or 402 shall also  
include a statement identifying, either affirmatively or negatively,  
those portions of the copies or phonorecords embodying any work or  
works protected under this title. 
 
 
Section 404.  Notice of copyright: Contributions to collective works. 
 
     (a) A separate contribution to a collective work may bear its own  
notice of copyright, as provided by sections 401 through 403.  However,  
a single notice applicable to the collective work as a whole is sufficient  
to satisfy the requirements of sections 401 through 403 with respect to  
the separate contributions it contains (not including advertisements  
inserted on behalf of persons other than the owner of copyright in the  
collective work), regardless of the ownership of copyright in the  
contributions and whether or not they have been previously published. 
 
     (b) Where the person named in a single notice applicable to a  
collective work as a whole is not the owner of copyright in a separate  
contribution that does not bear its own notice, the case is governed by  
the provisions of section 406(a). 
 
 
Section 405.  Notice of copyright: Omission of notice. 
 
     (a) Effect of Omission on Copyright. -- The omission of the copyright  
notice prescribed by sections 401 through 403 from copies or  
phonorecords publicly distributed by authority of the copyright owner  
does not invalidate the copyright in a work if- 
 
          (1) the notice has been omitted from no more than a relatively  
     small number of copies or phonorecords distributed to the public; to 
 
          (2) registration for the work has been made before or is made  
     within five years after the publication without notice, and a  
     reasonable effort is made to add notice to all copies or phonorecords  
     that are distributed to the public in the United States after the  
     omission has been discovered; or 
 
          (3) the notice has been omitted in violation of an express  
     requirement in writing that, as a condition of the copyright owner's  
     authorization of the public distribution of copies or phonorecords,  
     they bear the prescribed notice. 
 
     (b) Effect of Omission on Innocent Infringers. -- Any person who  
innocently infringes a copyright, in reliance upon an authorized copy or  
phonorecord from which the copyright notice has been omitted, incurs  
no liability for actual or statutory damages under section 504 for any  
infringing acts committed before receiving actual notice that  
registration for the work has been made under section 408, if such person  
proves that he or she was misled by the omission of notice.  In a suit for  
infringement in such a case the court may allow or disallow recovery of  
any of the infringer's profits attributable to the infringement, and may  
enjoin the continuation of the infringing undertaking or may require, as  
a condition or [sic] permitting the continuation of the infringing  
undertaking, that the infringer pay the copyright owner a reasonable  
license fee in an amount and on terms fixed by the court. 
 
     (c) Removal of Notice. -- Protection under this title is not affected by  
the removal, destruction, or obliteration of the notice, without the  
authorization of the copyright owner, from any publicly distributed  
copies or phonorecords. 
 
 
Section 406.  Notice of copyright: Error in name or date. 
 
     (a) Error in Name. -- Where the person named in the copyright notice  
on copies or phonorecords publicly distributed by authority of the  
copyright owner is not the owner of copyright, the validity and  
ownership of the copyright are not affected.  In such a case, however,  
any person who innocently begins an undertaking that infringes the  
copyright has a complete defense to any action for such infringement if  
such person proves that he or she was misled by the notice and began  
the undertaking in good faith under a purported transfer or license from  
the person named therein, unless before the undertaking was begun- 
 
 
          (1) registration for the work had been made in the name of the  
     owner of copyright; or 
 
          (2) a document executed by the person named in the notice and  
     showing the ownership of the copyright had been recorded.  The  
     person named in the notice is liable to account to the copyright owner  
     for all receipts from transfers or licenses purportedly made under the  
     copyright by the person named in the notice. 
 
     (b) Error in Date. -- When the year date in the notice on copies or  
phonorecords distributed by authority of the copyright owner is earlier  
than the year in which publication first occurred, any period computed  
from the year of first publication first occurred, the work is considered  
to have been published without any notice and is governed by the  
provisions of section 405. 
 
     (c) Omission of Name or Date. -- Where copies or phonorecords  
publicly distributed by authority of the copyright owner contain no  
name or no date that could reasonably be considered a part of the notice,  
the work is considered to have been published without any notice and is  
governed by the provisions of section 405. 
 
 
Section 407.  Deposit of copies or phonorecords for Library of Congress. 
 
     (a) Except as provided by subsection (c), and subject to the provisions  
of subsection (e), the owner of copyright or of the exclusive right of  
publication in a work published with notice of copyright in the United  
States shall deposit, within three months after the date of such  
publication- 
 
          (1) two complete copies of the best edition; or 
 
          (2) if the work is a sound recording, two complete phonorecords of  
     the best edition, together with any printed or other visually  
     perceptible material published with such phonorecords.  Neither  
     the deposit requirements of this subsection nor the acquisition  
     provisions of subsection (e) are conditions of copyright protection. 
 
     (b) The required copies or phonorecords shall be deposited in the  
Copyright Office for the use or disposition of the Library of Congress.   
The Register of Copyrights shall, when requested by the depositor and  
upon payment of the fee prescribed by section 708, issue a receipt for the  
deposit. 
 
     (c) The Register of Copyrights may be regulation exempt any  
categories of material from the deposit requirements of this section, or  
require deposit of only one copy or phonorecord with respect to any  
categories.  Such regulations shall provide either for complete  
exemption from the deposit requirements of this section, or for  
alternative forms of deposit aimed at providing a satisfactory  
archival record of a work without imposing practical or financial  
hardships on the depositor, where the individual author is the owner  
of copyright in a pictorial, graphic, or sculptural work and (i) less than  
five copies of the work have been published, or (ii) the work has been  
published in a limited edition consisting of numbered copies the  
monetary value of which would make the mandatory deposit of two  
copies of the best edition of the work burdensome, unfair, or  
unreasonable. 
 
     (d) At any time after publication of a work as provided by subsection  
(a), the Register of Copyrights may make written demand for the  
required deposit of any of the persons obligated to make the deposit  
under subsection (a).  Unless deposit is made within three months after  
the demand is received, the person or persons on whom the demand was  
made are liable- 
 
          (1) to a fine of not more than $250 for each work; and 
 
          (2) to pay into a specially designated fund in the Library of  
     Congress the total retail price of the copies or phonorecords  
     demanded, or, if no retail price has been fixed, the reasonable cost of  
     the Library of Congress of acquiring them; and 
 
          (3) to pay a fine of $2,500, in addition to any fine or liability  
     imposed under clauses (1) and (2), if such person willfully or  
     repeatedly fails or refuses to comply with such a demand. 
 
     (e) With respect to transmission programs that have been fixed and  
transmitted to the public in the United States but have not been  
published, the Register of Copyrights shall, after consulting with the  
Librarian of Congress and other interested organizations and officials,  
establish regulation governing the acquisition, through deposit or  
otherwise, of copies or phonorecords of such programs for the collections  
of the Library of Congress. 
 
          (1) The Librarian of Congress shall be permitted, under the  
     standards and conditions set forth in such regulations to make a  
     fixation of a transmission program directly from a transmission to the  
     public, and to reproduce one copy or phonorecord from such fixation  
     for archival purposes. 
 
          (2) Such regulations shall also provide standards and procedures  
     by which the Register of Copyrights may make written demand,  
     upon the owner of the right of transmission in the United States, for  
     the deposit of a copy or phonorecord of a specific transmission  
     program.  Such deposit may, at the option of the owner of the right of  
     transmission in the United States, be accomplished by gift, by loan  
     for purposes of reproduction, or by sale at a price not to exceed the 
     cost of reproducing and supplying the copy or phonorecord.  The  
     regulations established under this clause shall provide reasonable  
     periods of not less than three months for compliance with a demand,  
     and shall allow for extensions of such periods and adjustments in the  
     scope of the demand or the methods for fulfilling it, as reasonably  
     warranted by the circumstances.  Willful failure or refusal to comply  
     with the conditions prescribed by such regulations shall subject the  
     owner to the right of transmission in the United States to liability  
     for an amount, not to exceed the cost of reproducing and supplying the  
     copy or phonorecord in question, to be paid into a specially  
     designated fund in the Library of Congress. 
 
          (3) Nothing in this subsection shall be construed to require the  
     making or retention, for purposes of deposit, of any copy or  
     phonorecord of an unpublished transmission program, the  
     transmission of which occurs before the receipt of a specific written  
     demand as provided by clause (2). 
 
          (4) No activity undertaken in compliance with regulations  
     prescribed under clauses (1) or (2) of this subsection shall result in  
     liability if intended solely to assist in the acquisition of copies or  
     phonorecords under this subsection. 
 
 
Section 408.  Copyright registration in general. 
 
     (a) Registration Permissive. -- At any time during the subsistence of  
copyright in any published or unpublished work, the owner of  
copyright or of any exclusive right in the work may obtain registration  
of the copyright claim by delivering to the Copyright Office the  
deposit specified by this section, together with the application and fee  
specified by sections 409 and 708. Subject to the provisions of section  
405(a), such registration is not a condition of copyright protection. 
 
     (b) Deposit for Copyright Registration. -- Except as provided by  
subsection 
 
     (c)  The material deposited for registration shall include- 
 
          (1) in the case of an unpublished work, one complete copy or  
     phonorecord; 
 
          (2) in the case of the published work, two complete copies or  
     phonorecords of the best edition; 
 
          (3) in the case of a work first published outside the United States,  
     one complete copy or phonorecord as so published; 
 
          (4) in the case of a contribution to a collective work, one complete  
     copy or phonorecord of the best edition of the collective work.  Copies  
     or phonorecords deposited for the Library of Congress under section  
     407 may be used to satisfy the deposit provisions of this section, if  
     they are accompanied by the prescribed application and fee, and by  
     any additional identifying material that the Register may, by  
     regulation, require.  The Register shall also prescribe regulations  
     establishing requirements under which copies or phonorecords  
     acquired for the Library of Congress under subsection (e) of section 407,  
     otherwise than by deposit, may be used to satisfy the deposit  
     provisions of this section. 
 
 
     (c) Administrative Classification and Optional Deposit.- 
 
          (1) The Register of Copyrights is authorized to specify by  
     regulation the administrative classes into which works are to be  
     placed for purposes of deposit and registration, and the nature of the  
     copies or phonorecords to be deposited in the various classes  
     specified.  The regulations may require or permit, for particular  
     classes, the deposit of identifying material instead of copies or  
     phonorecords, the deposit of only one copy or phonorecord where two  
     would normally be required, or a single registration for a group of  
     related works.  This administrative classification of works has no  
     significance with respect to the subject matter of copyright or the  
     exclusive rights provided by this title. 
 
          (2) Without prejudice to the general authority provided under  
     clause (1), the Register of Copyrights shall establish regulations  
     specifically permitting a single registration for a group of works by  
     the same individual author, all first published as contributions to  
     periodicals, including newspapers, within a twelve-month period, on  
     the basis of a single deposit, application, and registration fee, under  
     all of the following conditions- 
 
               (A) if each of the works as first published bore a separate  
          copyright notice, and the name of the owner of copyright in the  
          work, or an abbreviation by which the name can be recognized, or a  
          generally known alternative designation of the owner was the  
         same in each notice; and 
 
               (B) if the deposit consists of one copy of the entire issue of  
          the periodical, or of the entire section in the case of a newspaper, 
          in which each contribution was first published; and 
 
               (C) if the application identifies each work separately,  
          including the periodical containing it and its date of first  
          publication. 
 
          (3) As an alternative to separate renewal registrations under  
     subsection (a) of section 304, a single renewal registration may be  
     made for a group of works by the same individual author, all first  
     published as contributions to periodicals, including newspapers, upon  
     the filing of a single application and fee, under all of the following  
     conditions: 
 
               (A) the renewal claimant or claimants, and the basis of claim or  
          claims under section 304(a), is the same for each of the works; and 
 
               (B) the works were all copyrighted upon their first publication,  
          either through separate copyright notice and registration or by  
          virtue of a general copyright notice in the periodical issue as a  
          whole; and 
 
               (C) the renewal application and fee are received not more than  
          twenty-eight or less than twenty-seven years after the thirty-first  
          day of December of the calendar year in which all of the works  
          were first published; and 
 
               (D) the renewal application identifies each work separately,  
          including the periodical containing it and its date of first  
          publication 
 
     (d) Corrections and Amplifications. -- The register may also  
establish, by regulation, formal procedures for the filing of an  
application for supplementary registration, to correct an error in a  
copyright registration or to amplify the information given in a  
registration.  Such application shall be accompanied by the fee  
provided by section 708, and shall clearly identify the registration to  
be corrected or amplified.  The information contained in a  
supplementary registration augments but does not supersede that  
contained in the earlier registration. 
 
     (e) Published Edition of Previously Registered Work. -- Registration  
for the first published edition of a work previously registered in  
unpublished form may be made even though the work as published is  
substantially the same as the unpublished version. 
 
 
Section 409.  Application for copyright registration. 
 
     The application for copyright registration shall be made on a form  
prescribed by the Register of Copyrights and shall include- 
 
          (1) the name and address of the copyright claimant; 
 
          (2) in the case of a work other than an anonymous or pseudonymous  
     work, the name and nationality or domicile of the author or authors,  
     and, if one or more of the authors is dead, the dates of their deaths; 
 
          (3) if the work is anonymous or pseudonymous, the nationality or  
     domicile of the author or authors; 
 
          (4) in the case of a work made for hire, a statement to this effect; 
 
          (5) if the copyright claimant is not the author, a brief statement of  
     how the claimant obtained ownership of the copyright; 
 
          (6) the title of the work, together with any previous or alternative  
     titles under which the work can be identified; 
 
          (7) the year in which creation of the work was completed; 
 
          (8) if the work has been published, the date and nation of its first  
     publication; 
 
          (9) in the case of a compilation or derivative work, an  
     identification of any preexisting work or works that it is based on or  
     incorporates, and a brief, general statement of the additional  
     material covered by the copyright claim being registered; 
 
          (10) in the case of a published work containing material of which  
     copies are required by section 601 to be manufactured in the United  
     States, the names of the persons or organizations who performed the  
     processes specified by subsection (c) of section 601 with respect to that  
     material, and the places where those processes were performed; and 
 
          (11) any other information regarded by the Register of Copyrights  
     as bearing upon the preparation or identification of the work or the  
     existence, ownership, or duration of the copyright. 
 
 
Section 410.  Registration of claim and issuance of certificate. 
 
     (a) When, after examination, the Register of Copyrights determines  
that, in accordance with the provisions of this title, the material  
deposited constitutes copyrightable subject matter and that the other  
legal and formal requirements of this title have been met, the Register  
shall register the claim and issue to the applicant a certificate of  
registration under the seal of the Copyright Office.  The certificate  
shall contain the information given in the application, together with  
the number and effective date of the registration.  
 
     (b) In any case in which the Register of Copyrights determines that,  
in accordance with the provisions of this title, the material deposited  
does not constitute copyrightable subject matter or that the claim is  
invalid for any other reason, the Register shall refuse registration and  
shall notify the applicant in writing of the reasons for such refusal. 
 
     (c) In any judicial proceedings the certificate of a registration made  
before or within five years after first publication of the work shall  
constitute prima facie evidence of the validity of the copyright and of  
the facts stated in the certificate.  The evidentiary weight to be  
accorded the certificate of a registration made thereafter shall be  
within the discretion of the court. 
 
     (d) The effective date of a copyright registration is the day on which  
an application, deposit, and fee, which are later determined by the  
Register of Copyrights or by a court of competent jurisdiction to be  
acceptable for registration, have all been received in the Copyright  
Office. 
 
 
Section 411.  Registration as prerequisite to infringement suit. 
 
     (a) Subject to the provisions of subsection (b), no action for  
infringement of the copyright in any work shall be instituted until  
registration of the copyright claim has been made in accordance with  
this title.  In any case, however, where the deposit, application, and  
fee required for registration have been delivered to the Copyright  
Office in proper form and registration has been refused, the applicant is  
entitled to institute an action for infringement if notice thereof, with a  
copy of the complaint, is served on the Register of Copyrights.  the  
Register may, at his or her option, become a party to the action with  
respect to the issue of registrability of the copyright claim by entering  
an appearance within sixty days after such service, but the Register's  
failure to become a party shall not deprive the court of jurisdiction to  
determine that issue. 
 
     (b) In the case of a work consisting of sounds, images, or both, the first  
fixation of which is made simultaneously with its transmission, the  
copyright owner may, either before or after such fixation takes place,  
institute an action for infringement under section 501, fully subject to the  
remedies provided by sections 502 through 506 and sections 509 and 510,  
if, in accordance with requirements that the Register of Copyrights  
shall prescribe by regulation, the copyright owner- 
 
          (1) serves notice upon the infringer, not less than ten or more than  
     thirty days before such fixation, identifying the work and the  
     specific time and source of its first transmission, and declaring an  
     intention to secure copyright in the work; and, 
 
          (2) makes registration for the work within three months after its  
     first transmission. 
 
 
Section 412.  Registration as prerequisite to certain remedies for  
infringement. 
 
     In any action under this title, other than an action instituted under  
section 411(b), no award of statutory damages or of attorney's fees, as  
provided by sections 504 and 505, shall be made for- 
 
          (1) any infringement of copyright in an unpublished work  
     commenced before the effective date of its registration; or 
 
          (2) any infringement of copyright commenced after first publication  
     of the work and before the effective date of its registration, unless  
     such registration is made within three months after the first  
     publication of the work. 
 
 
 
CHAPTER 5 - COPYRIGHT INFRINGEMENT AND REMEDIES.  Analysis. 
 
Sec. 
501.  Infringement of copyright. 
502.  Remedies for infringement: Injunctions. 
503.  Remedies for infringement: Impounding and disposition of  
      infringing articles. 
504.  Remedies for infringement: Damages and profits. 
505.  Remedies for infringement: Costs and attorney's fees. 
506.  Criminal offenses. 
507.  Limitations on actions. 
508.  Notification of filing and determination of actions. 
509.  Seizure forfeiture. 
510.  Remedies for alteration of programing by cable systems. 
 
 
Section 501.  Infringement of copyright. 
 
     (a) Anyone who violates any of the exclusive rights of the copyright  
owner as provided by section 106 through 118, or who imports copies or  
phonorecords into the United States in violation of section 602, is an  
infringer of the copyright. 
 
     (b) The legal or beneficial owner of an exclusive right under a  
copyright is entitled, subject to the requirements of sections 205(d) and  
411, to institute an action for any infringement of that particular right  
committed while he or she is the owner of it.  The court may require  
such owner to serve written notice of the action with a copy of the  
complaint upon any person shown, by the records of the Copyright  
Office or otherwise, to have or claim an interest in the copyright, and  
shall require that such notice be served upon any person whose interest  
is likely to be affected by a decision in the case.  The court may require  
the joiner, and shall permit the intervention, of any person having or  
claiming an interest in the copyright. 
 
     (c) For any secondary transmission by a cable system that embodies a  
performance or a display of a work which is actionable as an act of  
infringement under subsection (c) of section 111, a television broadcast  
station holding a copyright or other license to transmit or perform the  
same version of that work shall, for purposes of subsection (b) of this  
section, be treated as a legal or beneficial owner if such secondary  
transmission occurs within the local service area of that television  
station. 
 
     (d) For any secondary transmission by a cable system that is  
actionable as an act of infringement pursuant to section 111(c)(3), the  
following shall also have standing to sue: (i) the primary transmitter  
whose transmission has been altered by the cable system; and (ii) any  
broadcast station within whose local service area the secondary  
transmission occurs. 
 
 
Section 502.  Remedies for infringement: Injunctions. 
 
     (a) Any court having jurisdiction of a civil action arising under this  
title may, subject to the provisions of section 1498 of title 28, grant  
temporary and final injunctions on such terms as it may deem reasonable  
to prevent or restrain infringement of a copyright. 
 
     (b) Any such injunction may be served anywhere in the United States  
on the person enjoined; it shall be operative throughout the United  
States and shall be enforceable, by proceedings in contempt or  
otherwise, by any United States court having jurisdiction of that  
person.  The clerk of the court granting the injunction shall, when  
requested by any other court a certified copy of all the papers in the  
case on file in such clerk's office. 
 
 
Section 503.  Remedies for infringement: Impounding and disposition of  
infringing articles. 
 
     (a) At any time while an action under this title is pending, the court  
may order the impounding, on such terms as it may deem reasonable, of  
all copies or phonorecords claimed to have been made or used in  
violation of the copyright's owner's exclusive rights, and of all plates,  
molds, matrices, masters, tapes, film negative, or other articles by  
means of which such copies or phonorecords may be reproduced. 
 
     (b) As part of a final judgment or decree, the court may order the  
destruction or other reasonable disposition of all copies or phonorecords  
found to have been made or used in violation of the copyright owner's  
exclusive rights, and of all plates, molds, matrices, masters, tapes, film  
negatives, or other articles by means of which such copies or  
phonorecords may be reproduced. 
 
 
Section 504.  Remedies for infringement: Damages and profits. 
 
     (a) In General. -- Except as otherwise provided by this title, an  
infringer of copyright is liable for either- 
 
          (1) the copyright owner's actual damages and any additional  
     profits of infringer, as provided by subsection (b); or 
 
          (2) statutory damages, as provided by subsection (c). 
 
     (b) Actual Damages and Profits. -- The copyright owner is entitled to  
recover the actual damages suffered by him or her as a result of the  
infringement, and any profits of the infringer that are attributable to  
the infringement and are not taken into account in computing the actual  
damages. In establishing the infringer's profits, the copyright owner 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 copyrighted  
work. 
 
     (c) Statutory Damages. --  
 
          (1) Except as provided by clause (2) of this subsection, the  
     copyright owner may elect, at any time before final judgment is  
     rendered, to recover instead of actual damages and profits, an award  
     of statutory damages for all infringements involved in the action,  
     with respect to any one work, for which any one infringer is liable  
     individually, or for which any two or more infringers are liable  
     jointly and severally, in a sum of not less than $250 or more than  
     $10,000 as the court considers just.  For the purposes of this  
     subsection, all the parts of a compilation or derivative work  
     constitute one work. 
 
          (2) In a case where the copyright owner sustains the burden of  
     proving, and the court finds, that infringement was committed  
     willfully, the court in its discretion may increase the award of  
     statutory damages to a sum of not more than $50,000.  In a case where  
     the infringer sustains the burden of proving, and the court finds, that  
     such infringer was not aware and had no reason to believe that his  
     or her acts constituted an infringement of copyright, the it [sic] its  
     discretion may reduce the award of statutory damages to a sum of  
     not less than $100.  The court shall remit statutory damages in any  
     case where an infringer believed and had reasonable grounds for  
     believing that his or her use of the copyrighted work was a fair use  
     under section 107, if the infringer was: (i) an employee or agent of a  
     nonprofit educational institution, library, or archives acting within  
     the scope of his or her employment who, or such institution, library,  
     or archives itself, which infringed by reproducing the work in copies  
     or phonorecords; or (ii) a public broadcasting entity which or a  
     person who, as a regular part of the nonprofit activities of a public  
     broadcasting entity (as defined in subsection (g) of section 118)  
     infringed by performing a published nondramatic literary work or  
     by reproducing a transmission program embodying a performance of  
     such a work. 
 
 
Section 505.  Remedies for infringement: Costs and attorney's fees. 
 
     In any civil action under this title, the court in its discretion may  
allow the recovery of full costs by or against any party other than the  
United States or an officer thereof.  Except as otherwise provided by  
this title, the court may also award a reasonable attorney's fee to the  
prevailing party as part of the costs. 
 
 
Section 506.  Criminal offenses. 
 
     (a) Criminal infringement. -- Any person who infringes a copyright  
willfully  and for purposes of commercial advantage or private  
financial gain shall be punished as provided in section 2319 of title 18. 
 
     (b) Forfeiture and Destruction. -- When any person is convicted of any  
violation of subsection (a), the court in its judgment of conviction shall,  
in addition to the penalty therein prescribed, order the forfeiture and  
destruction or other disposition of all infringing copies or phonorecords  
and all implements, devices, or equipment used in the manufacture of  
such infringing copies or phonorecords. 
 
     (c) Fraudulent Copyright Notice. -- Any person who, with fraudulent  
intent, places on any article a notice of copyright or words of the same  
purport that such person knows to be false, or who, with fraudulent  
intent, publicly distributes or imports for public distribution any article  
bearing such notice or words that such person knows to be false, shall be  
fined not more than $2,500. 
 
     (d) Fraudulent Removal of Copyright Notice. -- Any person who,  
with fraudulent intent, removes or alters any notice of copyright  
appearing on a copy of a copyrighted work shall be fined not more than  
$2,500. 
 
 
Section 507.  Limitations on actions. 
 
     (a) Criminal Proceedings. -- No criminal proceeding shall be  
maintained under the provisions of this title unless it is commenced  
within three years after the cause of action arose. 
 
     (b) Civil Actions. -- No civil action shall be maintained under the  
provisions of this title unless it is commenced within three years after  
the claim accrued. 
 
 
Section 508.  Notification of filing and determination of action. 
 
     (a) Within one month after the filing of any action under this title,  
the clerks of the courts of the United States shall send written  
notification to the Register of Copyrights setting forth, as far as is  
shown by the papers filed in the court, the names and addresses of the  
parties and the title, author, and registration number of each work  
involved in the action.  If any other copyrighted work is later included  
in the action by amendment, answer, or other pleading, the clerk shall  
also send a notification concerning it to the Register within one month  
after the pleading is filed. 
 
     (b) Within one month after any final order or judgment is issued in  
the case, the clerk of the court shall notify the Register of it, sending  
with the notification a copy of the order or judgment together with the  
written opinion, if any, of the court. 
 
     (c) Upon receiving the notifications specified in this section, the  
Register shall make them a part of the public records of the Copyright  
Office. 
 
 
Section 509.  Seizure and forfeiture. 
 
     (a) All copies or phonorecords manufactured, reproduced, distributed,  
sold or otherwise used, intended for use, or possessed with intent to use  
in violation of section 506(a), and all plates, molds, matrices, masters,  
tapes, film negatives, or other articles by means of which such copies or  
phonorecords may be reproduced, and all electronic, mechanical, or  
other devises for manufacturing, reproducing, or assembling such copies  
or phonorecords may be seized and forfeited to the United States. 
 
     (b) The applicable procedures relating to (i) the seizure, summary  
and judicial forfeiture, and condemnation of vessels, vehicles,  
merchandise, and baggage for violations of the customs laws contained  
in title 19, (ii) the disposition of such vessels, vehicles, merchandise,  
and baggage or the proceeds from the sale thereof, (iii) the remission or  
mitigation of such forfeiture, (iv) the compromise of claims, and (v) the  
award of compensation to informers in respect of such forfeitures, shall  
apply to seizures and forfeitures incurred, or alleged to have been  
incurred, under the provisions of this section, insofar as applicable and  
not inconsistent with the provisions of this section; except that such  
duties as are imposed upon any officer or employee of the Treasury  
Department or any other person with respect to the seizure and  
forfeiture of vessels, vehicles, merchandise, and baggage under the  
provisions of the customs laws contained in title 19 shall be performed  
with respect seizure and forfeiture of all articles described in subsection  
(a) by such officers, agents, or other persons as may be authorized or  
designated for that purpose by the Attorney General. 
 
 
Section 510.  Remedies for alteration of programing by cable systems. 
 
     (a) In any action filed pursuant to section 111(c)(3), the following  
remedies shall be available; 
 
          (1) Where an action is brought by a party identified in subsections  
     (b) or (c) of section 501, the remedies provided by sections 502  
     through 505, and the remedy provided by subsection (b) of this  
     section; and 
 
          (2) When an action is brought by a party identified in subsection  
     (d) of section 501, the remedies provided by sections 502 and 505,  
     together with any actual damages suffered by such party as a result  
     of the infringement, and the remedy provided by subsection (b) of  
     this section. 
 
     (b) In any action filed pursuant to section 111(c)(3), the court may  
decree that, for a period not to exceed thirty days, the cable system  
shall be deprived of the benefit of a compulsory license for one or more  
distant signals carried by such cable system. 
 
 
 
CHAPTER 6 - MANUFACTURING REQUIREMENTS AND IMPORTATION.  Analysis. 
 
Sec. 
601.  Manufacture, importation, and public distribution of certain  
      copies. 
602.  Infringing importation of copies or phonorecords. 
603.  Importation prohibitions: Enforcement and disposition of excluded  
      articles. 
 
 
Section 601.  Manufacture, importation, and public distribution of  
certain copies. 
 
     (a) Prior to July 1, 1986, and except as provided by subsection (b), the  
importation into or public distribution in the United States of copies of  
a work consisting preponderantly of nondramatic [sic] literary material  
that is in the English language and is protected under this title is  
prohibited unless the portions consisting of such material have been  
manufactured in the United States or Canada. 
 
     (b) The provisions of subsection (a) do not apply- 
 
          (1) where on the date when importation is sought or public  
     distribution in the United States is made, the author of any  
     substantial part of such material is neither a national nor a  
     domiciliary of the United States or, if such author is a national of  
     the United States, he or she has been domiciled outside the United  
     States for a continuous period of at least one year immediately  
     preceding that date; in the case of a work made for hire, the  
     exemption provided by this clause does not apply unless a  
     substantial part of the work was prepared for an employer or other  
     person who is not a national or domiciliary of the United States or a  
     domestic corporation or enterprise; 
 
          (2) where the United States Customs Service is presented with an  
     import statement issued under the seal of the Copyright Office, in  
     which case a total of no more than two thousand copies of any one  
     such work shall be allowed entry; the import statement shall be  
     issued upon request to the copyright owner or to a person designated  
     by such owner at the time of registration for the work under section  
     408 or at any time thereafter; 
 
          (3) where importation is sought under the authority or for the use,  
     other than in schools, of the Government of the United States or of  
     any State or political subdivision of a State; 
 
          (4) where importation, for use and not for sale, is sought- 
 
               (A) by any person with respect to no more than one copy of any  
          work at any one time; 
 
               (B) by any person arriving from outside the United States, with  
          respect to copies forming part of such person's personal baggage;  
          or 
 
               (C) by an organization operated for scholarly, educational, or  
          religious purposes and not for private gain, with respect to copies  
          intended to form a part of its library; 
 
          (5) where the copies are reproduced in raised characters for the use  
     of the blind; or 
 
          (6) where, in addition to copies imported under clauses (3) and (4)  
     of this subsection, no more than two thousand copies of any one such  
     work, which have not been manufactured in the United States or  
     Canada, are publicly distributed in the United States; or 
 
          (7) where, on the date when importation is sought or public  
     distribution in the United States is made- 
 
               (A) the author of any substantial part of such material is an  
          individual and receives compensation for the transfer or license  
          of the right to distribute the work in the United States; and 
 
               (B) the first publication of the work has previously taken place  
          outside the United States under a transfer or license granted by  
          such author to a transferee or licensee who was not a national or  
          domiciliary of the United States or domestic corporation or  
          enterprise; and 
 
              (C) there has been no publication of an authorized edition of the  
          work of which the copies were manufactured in the United  
          States; and 
 
              (D) the copies were reproduced under a transfer or license  
          granted by such author or by the transferee or licensee of the  
          right of first publication as mentioned in subclause (B), and the  
          transferee or the licensee of the right of reproduction was not a  
          national or domiciliary of the United States or a domestic  
          corporation or enterprise. 
 
     (c) The requirement of this section that copies be manufactured in the  
United States or Canada is satisfied if- 
 
          (1) in the case where the copies are printed directly from type that  
     has been set, or directly from plates made from such type, the  
     setting of the type and the making of the plates have been  
     performed in the United States or Canada; and 
 
          (2) in the case where the making of plates by a lithographic or  
     photoengraving process is a final or intermediate step preceding the  
     printing of the copies, the making of the plates has been performed  
     in the United States or Canada. 
 
          (3) in any case, the printing or other final process of producing  
     multiple copies and any binding of the copies have been performed  
     in the United States or Canada. 
 
     (d) Importation or public distribution of copies in violation of this  
section does not invalidate protection for a work under this title.   
However, in any civil action or criminal proceeding for infringement of  
the exclusive rights to produce and distribute copies of the work, the  
infringer has a complete defense with respect to all of the nondramatic  
literary material comprised in  the work and any other parts of the  
work in which the exclusive rights to reproduce and distribute copies  
are owned by the same person who owns such exclusive rights in the  
nondramatic literary material, if the infringer proves- 
 
          (1) that copies of the work have been imported into or publicly  
     distributed in the United States in violation of this section by or  
     with the authority of the owner of such exclusive rights; and 
 
          (2) that the infringing copies were manufactured in the United  
     States or Canada in accordance with the provisions of subsection (c);  
     and 
 
          (3) that the infringement was commenced before the effective date  
     of registration for an authorized edition of the work, the copies of  
     which have been manufactured in the United States or Canada in  
     accordance with the provisions of subsection (c). 
 
     (e) In any action for infringement of the exclusive rights to reproduce  
and distribute copies of a work containing material required by this  
section to be manufactured in the United States or Canada, the  
copyright owner shall set forth in the complaint the names of the  
persons or organizations who performed the processes specified by  
subsection (c) with respect to that material, and the places where those  
processes were performed. 
 
 
Section 602.  Infringing importation of copies or phonorecords. 
 
     (a) Importation into the United States, without the authority of the  
owner of copyright under this title, of copies or phonorecords of a work  
that have been acquired outside the United States is an infringement of  
the exclusive right to distribute copies of phonorecords under section  
406, actionable under section 501.  This subsection does not apply to- 
 
          (1) importation of copies or phonorecords under the authority or for  
     the use of the Government of the United States or of any State or  
     political subdivision of a State, but not including copies or  
     phonorecords for purposes other than archival use; 
 
          (2) importation, for the private use of the importer and not for  
     distribution, by any person with respect to no more than one copy or  
     phonorecord of any one work at any one time, or by any person  
     arriving from outside the United States with respect to copies or  
     phonorecords forming part of such person's personal baggage; or 
 
          (3) importation by or for an organization operated for scholarly,  
     educational, or religious purposes and not for private gain, with  
     respect to no more than one copy of an audiovisual work solely for its  
     archival purposes, and no more than five copies or phonorecords of  
     any other work for its library lending or archival purposes, unless  
     the importation of such copies or phonorecords is part of an activity  
     consisting of systematic reproduction or distribution, engaged in by  
     such organization in violation of the provisions of section 108(g)(2). 
 
     (b) In a case where the making of the copies or phonorecords would  
have constituted an infringement of copyright if this title had been  
applicable, their importation is prohibited.  In a case where the copies  
or phonorecords were lawfully made, the United States Customs service  
has no authority to prevent their importation unless the provisions of  
section 601 are applicable. In either case, the Secretary of the Treasury  
is authorized to prescribe, by regulation, a procedure under which any  
person claiming an interest in the copyright in a particular work may,  
upon payment of a specified fee, be entitled to notification by the  
Customs Service of the importation of articles that appear to be copies  
of phonorecords of the work. 
 
 
Section 603.  Importation prohibitions: Enforcement and disposition of  
excluded articles. 
 
     (a) The Secretary of the Treasury and the United States Postal  
Service shall separately or jointly make regulations for the  
enforcement of the provisions of this title prohibiting importation. 
 
     (b) These regulations may require, as a condition for the exclusion of  
articles under section 602- 
 
          (1) that the person seeking exclusion obtain a court order enjoining  
     importation of the articles; or 
 
          (2) that the person seeking exclusion furnish proof, of a specified  
     nature and in accordance with prescribed procedures, that the  
     copyright in which such person claims an interest is valid and that  
     the importation would violate the prohibition in section 602; the  
     person seeking exclusion may also be required to post a surety bond  
     for any injury that may result if the detention or exclusion of the  
     articles proves to be unjustified. 
 
     (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  
of the court, as the case may be; however, 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 law. 
 
 
 
CHAPTER 7 - COPYRIGHT OFFICE.  Analysis. 
 
Sec. 
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. 
710.  Reproduction for use of the blind and physically handicapped:  
      Voluntary licensing forms and  procedures. 
 
 
Section 701.  The Copyright Office: General responsibilities and  
organization. 
 
     (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) 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. 
 
     (c) 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. 
 
     (d) 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). 
 
 
Section 702.  Copyright Office regulations. 
 
     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 section 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)(11) if the request is granted. 
 
 
Section 705.  Copyright Office records: Preparation, maintenance,  
public inspection, and searching. 
 
     (a) The Register of Copyrights shall provide and keep in the  
Copyright Office records of all deposits, registrations, recordations,  
and other actions taken under this title, and shall prepare indexes of  
all such records. 
 
     (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 regulation. 
 
 
Section 707.  Copyright Office forms and publication. 
 
     (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 Publication -- 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. 
 
     (a) The following fees shall be paid to the Register of Copyrights: 
 
          (1) on filing each application for registration of a copyright claim  
     or a supplementary registration under section 408, including the  
     issuance of a certificate of registration if registration is made, $10; 
 
          (2) on filing each application for registration of a claim to renewal  
     of a subsisting copyright in its first term under section 304(a),  
     including the issuance of a certificate of registration if registration  
     is made, $6; 
 
          (3) for the issuance of a receipt for a deposit under section  
     407, $2; 
 
          (4) for the recordation, as provided by section 205, of a transfer  
     of copyright ownership or other document of six pages or less, covering  
     no more than one title; $10; for each page over six and each title  
     over one, 50 cents additional; 
 
          (5) for the filing, under section 115(b), of a notice of intention  
     to make phonorecords, $6; 
 
          (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, $10 for a document of  
     six pages or less, covering no more than one title; for each page over  
     six and for each title over one, $1 additional; 
 
          (7) for the issuance, under section 601, of an import statement, $3; 
 
          (8) for the issuance, under section 706, of an additional certificate  
     of registration, $4; 
 
          (9) for the issuance of any other certification, $4; the Register of  
     Copyrights has discretion, on the basis of their cost, to fix the fees  
     for preparing copies of Copyright Office records, whether they are  
     to be certified or not; 
 
          (10) for the making and reporting of a search as provided by section  
     705, and for any related services, $10 for each hour or fraction of an  
     hour consumed; 
 
          (11) for any other special services requiring a substantial amount of  
     time or expense, such fees as the Register of Copyrights may fix on  
     the basis of the cost of providing the service. 
 
     (b) 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. 
 
     (c) 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 appropriation for necessary expenses of the  
Copyright Office.  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. 
 
 
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. 
 
 
Section 710.  Reproduction for use of the blind and physically  
handicapped: Voluntary licensing forms and procedures. 
 
     The Register of Copyrights shall, after consultation with the Chief  
of the Division for the Blind and Physically Handicapped and other  
appropriate officials of the Library of Congress, establish by  
regulation standardized forms and procedures by which, at the time  
applications covering certain specified categories of nondramatic  
literary works are submitted for registration under section 408 of this  
title, the copyright owner may voluntarily grant to the Library of  
Congress a license to reproduce the copyrighted work by means of  
Braille or similar tactile symbols, or by fixation of a reading of the  
work in a phonorecord, or both, and to distribute the resulting copies or  
phonorecords solely for the use of the blind and physically  
handicapped and under limited conditions to be specified in the  
standardized forms. 
 
 
 
CHAPTER 8 - COPYRIGHT ROYALTY TRIBUNAL.  Analysis. 
 
Sec. 
801.  Copyright Royalty Tribunal: Establishment and purpose. 
802.  Membership of the Tribunal.   
803.  Procedures of the Tribunal. 
804.  Institution and conclusion of proceedings. 
805.  Staff of the Tribunal. 
806.  Administrative support of the Tribunal. 
807.  Deduction of costs of proceedings. 
808.  Reports. 
809.  Effective date of final determinations. 
810.  Judicial review. 
 
 
Section 801.  Copyright Royalty Tribunal: Establishment and purpose. 
 
     (a) There is hereby an independent Copyright Royalty Tribunal in  
the legislative branch. 
 
     (b) Subject to the provisions of this chapter, the purposes of the  
Tribunal shall be- 
 
          (1) to make determinations concerning the adjustment of reasonable  
     copyright royalty rates as provided in sections 115 and 116, and to  
     make determinations as to reasonable terms and rates of royalty  
     payments as provided in section 118.  The rates applicable under  
     sections 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 copyright  
     royalty rates in section 111 solely in accordance with the following  
     provisions: 
 
               (A) The rates established by section 111(d)(2)(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)(2)(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 Commission may consider all  
          factors relating to the maintenance of such level of payments  
          including, as an extenuating factor, whether the cable 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)(2)(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 Royalty Tribunal 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 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 14, 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)(2)(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. 
 
               (D) The gross receipts limitations established by section  
          111(d)(2)(C) and (D) shall be adjusted to reflect national  
          monetary inflation or deflation or changes in the average rates  
          charged cable system subscribers for the basic service of  
          providing secondary transmissions to maintain the real constant  
          dollar value of the exemption provided by such section; and the  
          royalty rate specified therein shall not be subject to adjustment;  
          and 
 
          (3) As soon as possible after the date of enactment of this Act, and  
     no later than six months following such date, the President shall  
     publish a notice announcing the initial appointments provided in  
     section 802, and shall designate an order of seniority among the  
     initially-appointed commissioners for purposes of section 802(b). 
 
 
Section 802.  Membership of the Tribunal. 
 
     (a) The Tribunal shall be composed of five commissioners appointed  
by the President with the advise and consent of the Senate for a term of  
seven years each; of the first five members appointed, three shall be  
designated to serve for seven years from the date of the notice specified  
in section 801(C), and two shall be designated to serve for five years  
from such date, respectively. Commissioners shall be compensated at  
the highest rate now or hereafter prescribe sic for grade 18 of the  
General Schedule pay rates (5 U.S.C. 5332). 
 
     (b) Upon convening the commissioners shall elect a chairman from  
among the commissioners appointed for a full seven-year term.  Such  
chairman shall serve for a term of one year.  Thereafter, the most senior  
commissioner who has not previously served as chairman shall serve as  
chairman for a period of one year, except that, if all commissioners  
have served a full term as chairman, the most senior commissioner who  
has served the least number of terms as chairman shall be designated  
as chairman. 
 
     (c) Any vacancy in the Tribunal shall not affect its powers and shall  
be filed, for the unexpired term of the appointment, in the same manner  
as the original appointment was made.  
 
 
Section 803.  Procedures of the Tribunal. 
 
     (a) The Tribunal shall adopt regulations, not inconsistent with law,  
governing procedure and methods of operation.  Except as otherwise  
provided in this chapter, the Tribunal shall be 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). 
 
 
Section 804.  Institution and conclusion of proceedings. 
 
     (a) With respect to proceedings under section 801(b)(1) concerning the  
investment of royalty rates as provided in sections 115 and 116, and  
with respect to proceedings under section 801(b)(2)(A) and (D)- 
 
          (1) on January 1, 1980, the Chairman of the Tribunal shall cause to  
     be published in the Federal Register notice of commencement of  
     proceedings under this chapter; and 
 
          (2) during the calendar years specified in the following schedule,  
     any owner or user of a copyrighted work whose royalty rates are  
     specified by this title, or by a rate established by the Tribunal, may  
     file a petition with the Tribunal declaring that the petitioner  
     requests an adjustment of the rate.  The Tribunal shall make a  
     determination as to whether the applicant has a significant interest  
     in the royalty rate in which an adjustment is requested.  If the  
     Tribunal determines that the petitioner has a significant interest,  
     the Chairman shall cause notice of this determination, with the  
     reasons therefor, to be published in the Federal Register, together  
     with notice of commencement of proceedings under this chapter. 
 
               (A) In proceedings under section 801(b)(2)(A) and (D), such  
          petition may be filed during 1985 and in each subsequent fifth  
          calendar year. 
 
               (B) In proceedings under section 801(b)(1) concerning the  
          adjustment of royalty rates as provided in section 115, such petition  
          may be filed in 1987 and in each subsequent tenth calendar year. 
 
               (C) In proceedings under section 801(b)(1) concerning the  
          adjustment of royalty rates under section 116, such petition may be  
          filed in 1990 and in each subsequent tenth calendar year. 
 
     (b) With respect to proceedings under subclause (B) or (C) of section  
(_)(2), following an event described in either of those subsections, any  
____ or user of a copyrighted work whose royalty rates are specified by  
section ____ by a rate established by the Tribunal, may, within twelve  
months, file a ___on with the Tribunal declaring that the petitioner  
requests an adjustment of the rate.  In this event the Tribunal shall  
proceed as in subsection (a)(2), above. Any change in royalty rates made  
by the Tribunal pursuant to this subsection may be reconsidered in 1980,  
1985, and each fifth calendar year thereafter, in accordance with the  
provisions in section 801(b)(2)(B) or (C), as the case may be. 
 
     (c) With respect to proceedings under section 801(b)(1), concerning the  
determination of reasonable terms and rates of royalty payments as  
provided in section 118, the Tribunal shall proceed when and as  
provided by that section. 
 
     (d) With respect to proceedings under section 801(b)(3), concerning the  
distribution of royalty fees in certain circumstances under sections 111 or  
116, the Chairman of the Tribunal shall, upon determination by the  
Tribunal that a controversy exists concerning such distribution, cause to  
be published in the Federal Register notice of commencement of  
proceedings under this chapter. 
 
     (e) All proceedings under this chapter shall be initiated without  
delay following publication of the notice specified in this section, and  
the Tribunal shall render its final decision in any such proceeding with  
one year from the date of such publication. 
 
 
Section 805.  Staff of the Tribunal. 
 
     (a) The Tribunal is authorized to appoint and fix the compensation of  
such employees as may be necessary to carry out the provisions of this  
chapter, and to prescribe their functions and duties. 
 
     (b) The Tribunal may procure temporary and intermittent services to  
the same extent as is authorized by section 3109 of title 5. 
 
 
Section 806.  Administrative support of the Tribunal. 
 
     (a) The Library of Congress shall provide the Tribunal with  
necessary administrative services, including those related to budgeting,  
accounting, financial reporting, travel, personnel, and procurement.  The  
Tribunal shall pay the Library for such services, either in advance or  
by reimbursement from the funds of the Tribunal, at amounts to be  
agreed upon between the Librarian and the Tribunal. 
 
     (b) The Library of Congress is authorized to disburse funds for the  
Tribunal, under regulations prescribed jointly by the Librarian of  
Congress and the Tribunal and approved by the Comptroller General.   
Such regulations shall establish requirements and procedures under  
which every voucher certified for payment by the Library of Congress  
under this chapter shall be supported with a certification by a duly  
authorized officer or employee of the Tribunal, and shall prescribe the  
responsibilities and accountability of said officers and employees of  
the Tribunal with respect to such certifications. 
 
 
Section 807.  Deduction of costs of proceedings. 
 
     Before any funds are distributed pursuant to a final decision in a  
proceeding involving distribution of royalty fees, the Tribunal shall  
assess the reasonable costs of such proceeding. 
 
 
Section 808.  Reports. 
 
     In addition to its publication of the reports of all final  
determinations as provided in section 803(b), the Tribunal shall make  
an annual report to the President and the Congress concerning the  
Tribunal's work during the preceding fiscal year, including a detailed  
fiscal statement of account. 
 
 
Section 809.  Effective date of final determinations. 
 
     Any final determination by the Tribunal under this chapter shall  
become effective thirty days following its publication in the Federal  
Register as provided in section 803(b), unless prior to that time an  
appeal has been filed pursuant to section 810, to vacate, modify, or  
correct such determination, and notice of such appeal has been served on  
all parties who appeared before the Tribunal in the proceeding in  
question.  Where the proceeding involves the distribution of royalty  
fees under sections 111 or 116, the Tribunal shall, upon the expiration of  
such thirty-day period, distribute any royalty fees not subject to an  
appeal filed pursuant to section 810. 
 
 
Section 810.  Judicial review. 
 
     Any final decision of the Tribunal in a proceeding under section 801(b)  
may be appealed to the United States Court of Appeals, within thirty  
days after its publication in the Federal Register by an aggrieved  
party.  The judicial review of the decision shall be had, in accordance  
with chapter 7 of title 5, on the basis of the record before the Tribunal.   
No court shall have jurisdiction to review a final decision of the  
Tribunal except as provided in this section. 
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