§ 101. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 17USC101]
TITLE 17--COPYRIGHTS
CHAPTER 1--SUBJECT MATTER AND SCOPE OF COPYRIGHT
Sec. 101. Definitions
Except as otherwise provided in this title, 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.
An ``architectural work'' is the design of a building as
embodied in any tangible medium of expression, including a building,
architectural plans, or drawings. The work includes the overall form
as well as the arrangement and composition of spaces and elements in
the design, but does not include individual standard features.
``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 ``Berne Convention'' is the Convention for the Protection of
Literary and Artistic Works, signed at Berne, Switzerland, on
September 9, 1886, and all acts, protocols, and revisions thereto.
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.
A ``digital transmission'' is a transmission in whole or in part
in a digital or other non-analog format.
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 process or, in the case of a motion picture or other
audiovisual work, to show individual images nonsequentially.
An ``establishment'' is a store, shop, or any similar place of
business open to the general public for the primary purpose of
selling goods or services in which the majority of the gross square
feet of space that is nonresidential is used for that purpose, and
in which nondramatic musical works are performed publicly.
A ``food service or drinking establishment'' is a restaurant,
inn, bar, tavern, or any other similar place of business in which
the public or patrons assemble for the primary purpose of being
served food or drink, in which the majority of the gross square feet
of space that is nonresidential is used for that purpose, and in
which nondramatic musical works are performed publicly.
The term ``financial gain'' includes receipt, or expectation of
receipt, of anything of value, including the receipt of other
copyrighted works.
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 ``Geneva Phonograms Convention'' is the Convention for the
Protection of Producers of Phonograms Against Unauthorized
Duplication of Their Phonograms, concluded at Geneva, Switzerland,
on October 29, 1971.
The ``gross square feet of space'' of an establishment means the
entire interior space of that establishment, and any adjoining
outdoor space used to serve patrons, whether on a seasonal basis or
otherwise.
The terms ``including'' and ``such as'' are illustrative and not
limitative.
An ``international agreement'' is--
(1) the Universal Copyright Convention;
(2) the Geneva Phonograms Convention;
(3) the Berne Convention;
(4) the WTO Agreement;
(5) the WIPO Copyright Treaty;
(6) the WIPO Performances and Phonograms Treaty; and
(7) any other copyright treaty to which the United States is
a party.
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.
A ``performing rights society'' is an association, corporation,
or other entity that licenses the public performance of nondramatic
musical works on behalf of copyright owners of such works, such as
the American Society of Composers, Authors and Publishers (ASCAP),
Broadcast Music, Inc. (BMI), and SESAC, Inc.
``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, diagrams, models, and technical drawings, including
architectural plans. 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.
For purposes of section 513, a ``proprietor'' is an individual,
corporation, partnership, or other entity, as the case may be, that
owns an establishment or a food service or drinking establishment,
except that no owner or operator of a radio or television station
licensed by the Federal Communications Commission, cable system or
satellite carrier, cable or satellite carrier service or programmer,
provider of online services or network access or the operator of
facilities therefor, telecommunications company, or any other such
audio or audiovisual service or programmer now known or as may be
developed in the future, commercial subscription music service, or
owner or operator of any other transmission service, shall under any
circumstances be deemed to be a proprietor.
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.
``Registration'', for purposes of sections 205(c)(2), 405, 406,
410(d), 411, 412, and 506(e), means a registration of a claim in the
original or the renewed and extended term of copyright.
``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.
A ``treaty party'' is a country or intergovernmental
organization other than the United States that is a party to an
international agreement.
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.
For purposes of section 411, a work is a ``United States work''
only if--
(1) in the case of a published work, the work is first
published--
(A) in the United States;
(B) simultaneously in the United States and another
treaty party or parties, whose law grants a term of
copyright protection that is the same as or longer than the
term provided in the United States;
(C) simultaneously in the United States and a foreign
nation that is not a treaty party; or
(D) in a foreign nation that is not a treaty party, and
all of the authors of the work are nationals, domiciliaries,
or habitual residents of, or in the case of an audiovisual
work legal entities with headquarters in, the United States;
(2) in the case of an unpublished work, all the authors of
the work are nationals, domiciliaries, or habitual residents of
the United States, or, in the case of an unpublished audiovisual
work, all the authors are legal entities with headquarters in
the United States; or
(3) in the case of a pictorial, graphic, or sculptural work
incorporated in a building or structure, the building or
structure is located in the United States.
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.
The ``WIPO Copyright Treaty'' is the WIPO Copyright Treaty
concluded at Geneva, Switzerland, on December 20, 1996.
The ``WIPO Performances and Phonograms Treaty'' is the WIPO
Performances and Phonograms Treaty concluded at Geneva, Switzerland,
on December 20, 1996.
A ``work of visual art'' is--
(1) a painting, drawing, print, or sculpture, existing in a
single copy, in a limited edition of 200 copies or fewer that
are signed and consecutively numbered by the author, or, in the
case of a sculpture, in multiple cast, carved, or fabricated
sculptures of 200 or fewer that are consecutively numbered by
the author and bear the signature or other identifying mark of
the author; or
(2) a still photographic image produced for exhibition
purposes only, existing in a single copy that is signed by the
author, or in a limited edition of 200 copies or fewer that are
signed and consecutively numbered by the author.
A work of visual art does not include--
(A)(i) any poster, map, globe, chart, technical drawing,
diagram, model, applied art, motion picture or other audiovisual
work, book, magazine, newspaper, periodical, data base,
electronic information service, electronic publication, or
similar publication;
(ii) any merchandising item or advertising, promotional,
descriptive, covering, or packaging material or container;
(iii) any portion or part of any item described in clause
(i) or (ii);
(B) any work made for hire; or
(C) any work not subject to copyright protection under this
title.
A ``work of the United States Government'' is a work prepared by
an 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.
In determining whether any work is eligible to be considered a work
made for hire under paragraph (2), neither the amendment contained
in section 1011(d) of the Intellectual Property and Communications
Omnibus Reform Act of 1999, as enacted by section 1000(a)(9) of
Public Law 106-113, nor the deletion of the words added by that
amendment--
(A) shall be considered or otherwise given any legal
significance, or
(B) shall be interpreted to indicate congressional approval
or disapproval of, or acquiescence in, any judicial
determination,
by the courts or the Copyright Office. Paragraph (2) shall be
interpreted as if both section 2(a)(1) of the Work Made For Hire and
Copyright Corrections Act of 2000 and section 1011(d) of the
Intellectual Property and Communications Omnibus Reform Act of 1999,
as enacted by section 1000(a)(9) of Public Law 106-113, were never
enacted, and without regard to any inaction or awareness by the
Congress at any time of any judicial determinations.
The terms ``WTO Agreement'' and ``WTO member country'' have the
meanings given those terms in paragraphs (9) and (10), respectively,
of section 2 of the Uruguay Round Agreements Act.
(Pub. L. 94-553, title I, Sec. 101, Oct. 19, 1976, 90 Stat. 2541; Pub.
L. 96-517, Sec. 10(a), Dec. 12, 1980, 94 Stat. 3028; Pub. L. 100-568,
Sec. 4(a)(1), Oct. 31, 1988, 102 Stat. 2854; Pub. L. 101-650, title VI,
Sec. 602, title VII, Sec. 702, Dec. 1, 1990, 104 Stat. 5128, 5133; Pub.
L. 102-307, title I, Sec. 102(b)(2), June 26, 1992, 106 Stat. 266; Pub.
L. 102-563, Sec. 3(b), Oct. 28, 1992, 106 Stat. 4248; Pub. L. 104-39,
Sec. 5(a), Nov. 1, 1995, 109 Stat. 348; Pub. L. 105-80, Sec. 12(a)(3),
Nov. 13, 1997, 111 Stat. 1534; Pub. L. 105-147, Sec. 2(a), Dec. 16,
1997, 111 Stat. 2678; Pub. L. 105-298, title II, Sec. 205, Oct. 27,
1998, 112 Stat. 2833; Pub. L. 105-304, title I, Sec. 102(a), Oct. 28,
1998, 112 Stat. 2861; Pub. L. 106-44, Sec. 1(g)(1), Aug. 5, 1999, 113
Stat. 222; Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title I,
Sec. 1011(d)], Nov. 29, 1999, 113 Stat. 1536, 1501A-544; Pub. L. 106-
379, Sec. 2(a), Oct. 27, 2000, 114 Stat. 1444; Pub. L. 107-273, div. C,
title III, Sec. 13210(5), Nov. 2, 2002, 116 Stat. 1909.)
Historical and Revision Notes
house report no. 94-1476
The significant definitions in this section will be mentioned or
summarized in connection with the provisions to which they are most
relevant.
References in Text
The Universal Copyright Convention, referred to in definition of
``international agreement'', is set out under section 104 of this title.
Section 1011(d) of the Intellectual Property and Communications
Omnibus Reform Act of 1999, referred to in definition of ``work made for
hire'', is section 1000(a)(9) [title I, Sec. 1011(d)] of Pub. L. 106-
113, which amended par. (2) of that definition. See 1999 Amendment note
below.
Section 2(a)(1) of the Work Made For Hire and Copyright Corrections
Act of 2000, referred to in definition of ``work made for hire'', is
section 2(a)(1) of Pub. L. 106--379, which amended par. (2) of that
definition. See 2000 Amendment note below.
Section 2 of the Uruguay Round Agreements Act, referred to in
definitions of ``WTO Agreement'' and ``WTO member country'', is
classified to section 3501 of Title 19, Customs Duties.
Amendments
2002--Pub. L. 107-273, Sec. 13210(5)(B), transferred definition of
``Registration'' to appear after definition of ``publicly''.
Pub. L. 107-273, Sec. 13210(5)(A), transferred definition of
``computer program'' to appear after definition of ``compilation''.
2000--Pub. L. 106-379, Sec. 2(a)(2), in definition of ``work made
for hire'', inserted after par. (2) provisions relating to
considerations and interpretations to be used in determining whether any
work is eligible to be considered a work made for hire under par. (2).
Pub. L. 106-379, Sec. 2(a)(1), in definition of ``work made for
hire'', struck out ``as a sound recording,'' after ``motion picture or
other audiovisual work,'' in par. (2).
1999--Pub. L. 106-113, which directed the insertion of ``as a sound
recording,'' after ``audiovisual work'' in par. (2) of definition
relating to work made for hire, was executed by making the insertion
after ``audiovisual work,'' to reflect the probable intent of Congress.
Pub. L. 106-44, Sec. 1(g)(1)(B), in definition of ``proprietor'',
substituted ``For purposes of section 513, a `proprietor' '' for ``A
`proprietor' ''.
Pub. L. 106-44, Sec. 1(g)(1)(A), transferred definition of ``United
States work'' to appear after definition of ``United States''.
1998--Pub. L. 105-304, Sec. 102(a)(1), struck out definition of
``Berne Convention work''.
Pub. L. 105-304, Sec. 102(a)(2), in definition of ``country of
origin'', substituted ``For purposes of section 411, a work is a `United
States work' only if'' for ``The `country of origin' of a Berne
Convention work, for purposes of section 411, is the United States if''
in introductory provisions, substituted ``treaty party or parties'' for
``nation or nations adhering to the Berne Convention'' in par. (1)(B)
and ``is not a treaty party'' for ``does not adhere to the Berne
Convention'' in par. (1)(C), (D), and struck out at end ``For the
purposes of section 411, the `country of origin' of any other Berne
Convention work is not the United States.''
Pub. L. 105-298, Sec. 205(1), inserted definitions of
``establishment'' and ``food service or drinking establishment''.
Pub. L. 105-304, Sec. 102(a)(3), inserted definition of ``Geneva
Phonograms Convention''.
Pub. L. 105-298, Sec. 205(2), inserted definition of ``gross square
feet of space''.
Pub. L. 105-304, Sec. 102(a)(4), inserted definition of
``international agreement''.
Pub. L. 105-298, Sec. 205(3), (4), inserted definitions of
``performing rights society'' and ``proprietor''.
Pub. L. 105-304, Sec. 102(a)(5), inserted definition of term
``treaty party''.
Pub. L. 105-304, Sec. 102(a)(6), inserted definition of term ``WIPO
Copyright Treaty''.
Pub. L. 105-304, Sec. 102(a)(7), inserted definition of term ``WIPO
Performances and Phonograms Treaty''.
Pub. L. 105-304, Sec. 102(a)(8), inserted definitions of terms ``WTO
Agreement'' and ``WTO member country''.
1997--Pub. L. 105-147 inserted definition of ``financial gain''.
Pub. L. 105-80, in definition of to perform or to display a work
``publicly'', substituted ``process'' for ``processs'' in par. (2).
1995--Pub. L. 104-39 inserted definition of ``digital
transmission''.
1992--Pub. L. 102-563 substituted ``Except as otherwise provided in
this title, as used'' for ``As used'' in introductory provisions.
Pub. L. 102-307 inserted definition of ``registration''.
1990--Pub. L. 101-650, Sec. 702(a), inserted definition of
``architectural work''.
Pub. L. 101-650, Sec. 702(b), in definition of ``Berne Convention
work'' added par. (5).
Pub. L. 101-650, Sec. 602, inserted definition of ``work of visual
art''.
1988--Pub. L. 100-568, Sec. 4(a)(1)(B), inserted definitions of
``The Berne Convention'' and ``Berne Convention work''.
Pub. L. 100-568, Sec. 4(a)(1)(C), inserted definition of ``country
of origin''.
Pub. L. 100-568, Sec. 4(a)(1)(A), in definition of ``Pictorial,
graphic, and sculptural works'' substituted ``diagrams, models, and
technical drawings, including architectural plans'' for ``technical
drawings, diagrams, and models''.
1980--Pub. L. 96-517 inserted definition of ``computer program''.
Effective Date of 2000 Amendment
Pub. L. 106-379, Sec. 2(b)(1), Oct. 27, 2000, 114 Stat. 1444,
provided that: ``The amendments made by this section [amending this
section] shall be effective as of November 29, 1999.''
Effective Date of 1999 Amendment
Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title I, Sec. 1012], Nov.
29, 1999, 113 Stat. 1536, 1501A-544, provided that: ``Sections 1001,
1003, 1005, 1007, 1008, 1009, 1010, and 1011 [enacting sections 338 and
339 of Title 47, Telegraphs, Telephones, and Radiotelegraphs, amending
this section, sections 111, 119, 501, and 510 of this title, and section
325 of Title 47, enacting provisions set out as a note under this
section and section 325 of Title 47, and amending provisions set out as
a note under section 119 of this title] (and the amendments made by such
sections) shall take effect on the date of the enactment of this Act
[Nov. 29, 1999]. The amendments made by sections 1002, 1004, and 1006
[enacting section 122 of this title and amending sections 119 and 501 of
this title] shall be effective as of July 1, 1999.''
Effective Date of 1998 Amendments
Pub. L. 105-304, title I, Sec. 105, Oct. 28, 1998, 112 Stat. 2877,
provided that:
``(a) In General.--Except as otherwise provided in this title [see
section 101 of Pub. L. 105-304, set out as a Short Title of 1998
Amendments note below], this title and the amendments made by this title
shall take effect on the date of the enactment of this Act [Oct. 28,
1998].
``(b) Amendments Relating to Certain International Agreements.--(1)
The following shall take effect upon the entry into force of the WIPO
Copyright Treaty with respect to the United States [Mar. 6, 2002]:
``(A) Paragraph (5) of the definition of `international
agreement' contained in section 101 of title 17, United States Code,
as amended by section 102(a)(4) of this Act.
``(B) The amendment made by section 102(a)(6) of this Act
[amending this section].
``(C) Subparagraph (C) of section 104A(h)(1) of title 17, United
States Code, as amended by section 102(c)(1) of this Act.
``(D) Subparagraph (C) of section 104A(h)(3) of title 17, United
States Code, as amended by section 102(c)(2) of this Act.
``(2) The following shall take effect upon the entry into force of
the WIPO Performances and Phonograms Treaty with respect to the United
States [May 20, 2002]:
``(A) Paragraph (6) of the definition of `international
agreement' contained in section 101 of title 17, United States Code,
as amended by section 102(a)(4) of this Act.
``(B) The amendment made by section 102(a)(7) of this Act
[amending this section].
``(C) The amendment made by section 102(b)(2) of this Act
[amending section 104 of this title].
``(D) Subparagraph (D) of section 104A(h)(1) of title 17, United
States Code, as amended by section 102(c)(1) of this Act.
``(E) Subparagraph (D) of section 104A(h)(3) of title 17, United
States Code, as amended by section 102(c)(2) of this Act.
``(F) The amendments made by section 102(c)(3) of this Act
[amending section 104A of this title].''
Pub. L. 105-298, title II, Sec. 207, Oct. 27, 1998, 112 Stat. 2834,
provided that: ``This title [enacting section 512 of this title,
amending this section and sections 110 and 504 of this title, and
enacting provisions set out as notes under this section] and the
amendments made by this title shall take effect 90 days after the date
of the enactment of this Act [Oct. 27, 1998].''
Effective Date of 1995 Amendment
Section 6 of Pub. L. 104-39 provided that: ``This Act [see Short
Title of 1995 Amendment note below] and the amendments made by this Act
shall take effect 3 months after the date of enactment of this Act [Nov.
1, 1995], except that the provisions of sections 114(e) and 114(f) of
title 17, United States Code (as added by section 3 of this Act) shall
take effect immediately upon the date of enactment of this Act.''
Effective Date of 1992 Amendment
Section 102(g) of Pub. L. 102-307, as amended by Pub. L. 105-298,
title I, Sec. 102(d)(2)(B), Oct. 27, 1998, 112 Stat. 2828, provided
that:
``(1) Subject to paragraphs (2) and (3), this section [amending this
section and sections 304, 408, 409, and 708 of this title and enacting
provisions set out as a note under section 304 of this title] and the
amendments made by this section shall take effect on the date of the
enactment of this Act [June 26, 1992].
``(2) The amendments made by this section shall apply only to those
copyrights secured between January 1, 1964, and December 31, 1977.
Copyrights secured before January 1, 1964, shall be governed by the
provisions of section 304(a) of title 17, United States Code, as in
effect on the day before the effective date of this section [June 26,
1992], except each reference to forty-seven years in such provisions
shall be deemed to be 67 years.
``(3) This section and the amendments made by this section shall not
affect any court proceedings pending on the effective date of this
section.''
Effective Date of 1990 Amendment
Amendment by section 602 of Pub. L. 101-650 effective 6 months after
Dec. 1, 1990, see section 610 of Pub. L. 101-650, set out as an
Effective Date note under section 106A of this title.
Section 706 of title VII of Pub. L. 101-650 provided that: ``The
amendments made by this title [enacting section 120 of this title and
amending this section and sections 102, 106, and 301 of this title],
apply to--
``(1) any architectural work created on or after the date of the
enactment of this Act [Dec. 1, 1990]; and
``(2) any architectural work that, on the date of the enactment
of this Act, is unconstructed and embodied in unpublished plans or
drawings, except that protection for such architectural work under
title 17, United States Code, by virtue of the amendments made by
this title, shall terminate on December 31, 2002, unless the work is
constructed by that date.''
Effective Date of 1988 Amendment
Section 13 of Pub. L. 100-568 provided that:
``(a) Effective Date.--This Act and the amendments made by this Act
[enacting section 116A of this title, amending this section and sections
104, 116, 205, 301, 401 to 408, 411, 501, 504, 801, and 804 of this
title, and enacting provisions set out as notes under this section] take
effect on the date on which the Berne Convention (as defined in section
101 of title 17, United States Code) enters into force with respect to
the United States [Mar. 1, 1989]. [The Berne Convention entered into
force with respect to the United States on Mar. 1, 1989.]
``(b) Effect on Pending Cases.--Any cause of action arising under
title 17, United States Code, before the effective date of this Act
shall be governed by the provisions of such title as in effect when the
cause of action arose.''
Short Title of 2002 Amendments
Pub. L. 107-321, Sec. 1, Dec. 4, 2002, 116 Stat. 2780, provided
that: ``This Act [amending section 114 of this title and enacting
provisions set out as notes under section 114 of this title] may be
cited as the `Small Webcaster Settlement Act of 2002'.''
Pub. L. 107-273, div. C, title III, Sec. 13301(a), Nov. 2, 2002, 116
Stat. 1910, provided that: ``This subtitle [subtitle C (Sec. 13301) of
title III of div. C of Pub. L. 107-273, amending sections 110, 112, and
802 of this title] may be cited as the `Technology, Education, and
Copyright Harmonization Act of 2002'.''
Short Title of 2000 Amendment
Pub. L. 106-379, Sec. 1, Oct. 27, 2000, 114 Stat. 1444, provided
that: ``This Act [amending this section and sections 121, 705, and 708
of this title, repealing section 710 of this title, and enacting
provisions set out as notes under this section and section 708 of this
title] may be cited as the `Work Made For Hire and Copyright Corrections
Act of 2000'.''
Short Title of 1999 Amendments
Pub. L. 106-160, Sec. 1, Dec. 9, 1999, 113 Stat. 1774, provided
that: ``This Act [amending section 504 of this title and enacting
provisions set out as notes under section 504 of this title and section
994 of Title 28, Judiciary and Judicial Procedure] may be cited as the
`Digital Theft Deterrence and Copyright Damages Improvement Act of
1999'.''
Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title I, Sec. 1001], Nov.
29, 1999, 113 Stat. 1536, 1501A-523, provided that: ``This title
[enacting section 122 of this title and sections 338 and 339 of Title
47, Telegraphs, Telephones, and Radiotelegraphs, amending this section,
sections 111, 119, 501, and 510 of this title, and section 325 of Title
47, enacting provisions set out as notes under this section and section
325 of Title 47, and amending provisions set out as a note under section
119 of this title] may be cited as the `Satellite Home Viewer
Improvement Act of 1999'.''
Short Title of 1998 Amendments
Pub. L. 105-304, Sec. 1, Oct. 28, 1998, 112 Stat. 2860, provided
that: ``This Act [enacting section 512 and chapters 12 and 13 of this
title and section 4001 of Title 28, Judiciary and Judicial Procedure,
amending this section, sections 104, 104A, 108, 112, 114, 117, 411, 507,
701, and 801 to 803 of this title, section 5314 of Title 5, Government
Organization and Employees, sections 1338, 1400, and 1498 of Title 28,
and section 3 of Title 35, Patents, and enacting provisions set out as
notes under this section and sections 108, 109, 112, 114, 512, and 1301
of this title] may be cited as the `Digital Millennium Copyright Act'.''
Pub. L. 105-304, title I, Sec. 101, Oct. 28, 1998, 112 Stat. 2861,
provided that: ``This title [enacting chapter 12 of this title, amending
this section and sections 104, 104A, 411, and 507 of this title, and
enacting provisions set out as notes under this section and section 109
of this title] may be cited as the `WIPO Copyright and Performances and
Phonograms Treaties Implementation Act of 1998'.''
Pub. L. 105-304, title II, Sec. 201, Oct. 28, 1998, 112 Stat. 2877,
provided that: ``This title [enacting section 512 of this title and
provisions set out as a note under section 512 of this title] may be
cited as the `Online Copyright Infringement Liability Limitation Act'.''
Pub. L. 105-304, title III, Sec. 301, Oct. 28, 1998, 112 Stat. 2886,
provided that: ``This title [amending section 117 of this title] may be
cited as the `Computer Maintenance Competition Assurance Act'.''
Pub. L. 105-304, title V, Sec. 501, Oct. 28, 1998, 112 Stat. 2905,
provided that: ``This Act [probably means ``this title'', enacting
chapter 13 of this title and amending sections 1338, 1400, and 1498 of
Title 28, Judiciary and Judicial Procedure] may be referred to as the
`Vessel Hull Design Protection Act'.''
Pub. L. 105-298, title I, Sec. 101, Oct. 27, 1998, 112 Stat. 2827,
provided that: ``This title [amending sections 108, 203, and 301 to 304
of this title, enacting provisions set out as a note under section 108
of this title, and amending provisions set out as notes under this
section and section 304 of this title] may be referred to as the `Sonny
Bono Copyright Term Extension Act'.''
Pub. L. 105-298, title II, Sec. 201, Oct. 27, 1998, 112 Stat. 2830,
provided that: ``This title [enacting section 512 of this title,
amending this section and sections 110 and 504 of this title, and
enacting provisions set out as notes under this section] may be cited as
the `Fairness In Music Licensing Act of 1998'.''
Short Title of 1995 Amendment
Section 1 of Pub. L. 104-39 provided that: ``This Act [amending this
section and sections 106, 111, 114, 115, 119, and 801 to 803 of this
title and enacting provisions set out as a note above] may be cited as
the `Digital Performance Right in Sound Recordings Act of 1995'.''
Short Title of 1994 Amendment
Pub. L. 103-369, Sec. 1, Oct. 18, 1994, 108 Stat. 3477, provided
that: ``This Act [amending sections 111 and 119 of this title and
enacting and repealing provisions set out as notes under section 119 of
this title] may be cited as the `Satellite Home Viewer Act of 1994'.''
Short Title of 1993 Amendment
Pub. L. 103-198, Sec. 1, Dec. 17, 1993, 107 Stat. 2304, provided
that: ``This Act [amending sections 111, 116, 118, 119, 801 to 803, 1004
to 1007, and 1010 of this title and section 1288 of Title 8, Aliens and
Nationality, renumbering sections 116A and 804 of this title as sections
116 and 803, respectively, of this title, repealing sections 116, 803,
and 805 to 810 of this title, and enacting provisions set out as notes
under section 801 of this title and section 1288 of Title 8] may be
cited as the `Copyright Royalty Tribunal Reform Act of 1993'.''
Short Title of 1992 Amendments
Pub. L. 102-563, Sec. 1, Oct. 28, 1992, 106 Stat. 4237, provided
that: ``This Act [enacting chapter 10 of this title, amending this
section, sections 801, 804, and 912 of this title, and section 1337 of
Title 19, Customs Duties, and enacting provisions set out as a note
under section 1001 of this title] may be cited as the `Audio Home
Recording Act of 1992'.''
Section 1 of Pub. L. 102-307 provided that: ``This Act [enacting
sections 179 to 179k of Title 2, The Congress, amending this section and
sections 108, 304, 408, 409, and 708 of this title, repealing sections
178 to 178l of Title 2, enacting provisions set out as notes under this
section, section 304 of this title, and section 179 of Title 2, and
repealing provisions set out as a note under section 178 of Title 2] may
be cited as the `Copyright Amendments Act of 1992'.''
Section 101 of title I of Pub. L. 102-307 provided that: ``This
title [amending this section and sections 304, 408, 409, and 708 of this
title and enacting provisions set out as notes under this section and
section 304 of this title] may be referred to as the `Copyright Renewal
Act of 1992'.''
Short Title of 1991 Amendment
Pub. L. 102-64, Sec. 1, June 28, 1991, 105 Stat. 320, provided that:
``This Act [amending section 914 of this title and enacting provisions
set out as a note under section 914 of this title] may be cited as the
`Semiconductor International Protection Extension Act of 1991'.''
Short Title of 1990 Amendments
Section 601 of title VI of Pub. L. 101-650 provided that: ``This
title [enacting section 106A of this title, amending this section and
sections 107, 113, 301, 411, 412, 501, and 506 of this title, and
enacting provisions set out as notes under this section and section 106A
of this title] may be cited as the `Visual Artists Rights Act of
1990'.''
Section 701 of title VII of Pub. L. 101-650 provided that: ``This
title [enacting section 120 of this title, amending this section and
sections 102, 106, and 301 of this title, and enacting provisions set
out as a note above] may be cited as the `Architectural Works Copyright
Protection Act'.''
Section 801 of title VIII of Pub. L. 101-650 provided that: ``This
title [amending section 109 of this title and enacting provisions set
out as notes under sections 109 and 205 of this title] may be cited as
the `Computer Software Rental Amendments Act of 1990'.''
Pub. L. 101-553, Sec. 1, Nov. 15, 1990, 104 Stat. 2749, provided
that: ``This Act [enacting section 511 of this title, amending sections
501, 910, and 911 of this title, and enacting provisions set out as a
note under section 501 of this title] may be cited as the `Copyright
Remedy Clarification Act'.''
Pub. L. 101-319, Sec. 1, July 3, 1990, 104 Stat. 290, provided that:
``This Act [amending sections 701 and 802 of this title and sections
5315 and 5316 of Title 5, Government Organization and Employees, and
enacting provisions set out as a note under section 701 of this title]
may be cited as the `Copyright Royalty Tribunal Reform and Miscellaneous
Pay Act of 1989'.''
Pub. L. 101-318, Sec. 1, July 3, 1990, 104 Stat. 287, provided that:
``This Act [amending sections 106, 111, 704, 708, 801, and 804 of this
title and enacting provisions set out as notes under sections 106, 111,
708, and 804 of this title] may be cited as the `Copyright Fees and
Technical Amendments Act of 1989'.''
Short Title of 1988 Amendments
Pub. L. 100-667, title II, Sec. 201, Nov. 16, 1988, 102 Stat. 3949,
provided that: ``This title [enacting section 119 of this title and
sections 612 and 613 of Title 47, Telegraphs, Telephones, and
Radiotelegraphs, amending sections 111, 501, 801, and 804 of this title
and section 605 of Title 47, and enacting provisions set out as notes
under section 119 of this title] may be cited as the `Satellite Home
Viewer Act of 1988'.'' [Section ceases to be effective Dec. 31, 1994,
see section 207 of Pub. L. 100-667, set out as an Effective and
Termination Dates note under section 119 of this title.]
Section 1(a) of Pub. L. 100-568 provided that: ``This Act [enacting
section 116A of this title, amending this section and sections 104, 116,
205, 301, 401 to 408, 411, 501, 504, 801, and 804 of this title, and
enacting provisions set out as notes under this section] may be cited as
the `Berne Convention Implementation Act of 1988'.''
Short Title of 1984 Amendments
Pub. L. 98-620, title III, Sec. 301, Nov. 8, 1984, 98 Stat. 3347,
provided that: ``This title [enacting chapter 9 of this title] may be
cited as the `Semiconductor Chip Protection Act of 1984'.''
Pub. L. 98-450, Sec. 1, Oct. 4, 1984, 98 Stat. 1727, provided that:
``This Act [amending sections 109 and 115 of this title and enacting
provisions set out as a note under section 109 of this title] may be
cited as the `Record Rental Amendment of 1984'.''
Severability
Pub. L. 106-379, Sec. 2(b)(2), Oct. 27, 2000, 114 Stat. 1444,
provided that: ``If the provisions of paragraph (1) [see Effective Date
of 2000 Amendment note above], or any application of such provisions to
any person or circumstance, is held to be invalid, the remainder of this
section [amending this section and enacting provisions set out as a note
above], the amendments made by this section, and the application of this
section to any other person or circumstance shall not be affected by
such invalidation.''
Construction of 1998 Amendment
Pub. L. 105-298, title II, Sec. 206, Oct. 27, 1998, 112 Stat. 2834,
provided that: ``Except as otherwise provided in this title [enacting
section 512 of this title, amending this section and sections 110 and
504 of this title, and enacting provisions set out as notes under this
section], nothing in this title shall be construed to relieve any
performing rights society of any obligation under any State or local
statute, ordinance, or law, or consent decree or other court order
governing its operation, as such statute, ordinance, law, decree, or
order is in effect on the date of the enactment of this Act [Oct. 27,
1998], as it may be amended after such date, or as it may be issued or
agreed to after such date.''
First Amendment Application
Section 609 of title VI of Pub. L. 101-650 provided that: ``This
title [see Short Title of 1990 Amendments note above] does not authorize
any governmental entity to take any action or enforce restrictions
prohibited by the First Amendment to the United States Constitution.''
Berne Convention; Congressional Declarations
Section 2 of Pub. L. 100-568 provided that: ``The Congress makes the
following declarations:
``(1) The Convention for the Protection of Literary and Artistic
Works, signed at Berne, Switzerland, on September 9, 1886, and all
acts, protocols, and revisions thereto (hereafter in this Act [see
Short Title of 1988 Amendment note above] referred to as the `Berne
Convention') are not self-executing under the Constitution and laws
of the United States.
``(2) The obligations of the United States under the Berne
Convention may be performed only pursuant to appropriate domestic
law.
``(3) The amendments made by this Act, together with the law as
it exists on the date of the enactment of this Act [Oct. 31, 1988],
satisfy the obligations of the United States in adhering to the
Berne Convention and no further rights or interests shall be
recognized or created for that purpose.''
Berne Convention; Construction
Section 3 of Pub. L. 100-568 provided that:
``(a) Relationship With Domestic Law.--The provisions of the Berne
Convention--
``(1) shall be given effect under title 17, as amended by this
Act [see Short Title of 1988 Amendment note above], and any other
relevant provision of Federal or State law, including the common
law; and
``(2) shall not be enforceable in any action brought pursuant to
the provisions of the Berne Convention itself.
``(b) Certain Rights Not Affected.--The provisions of the Berne
Convention, the adherence of the United States thereto, and satisfaction
of United States obligations thereunder, do not expand or reduce any
right of an author of a work, whether claimed under Federal, State, or
the common law--
``(1) to claim authorship of the work; or
``(2) to object to any distortion, mutilation, or other
modification of, or other derogatory action in relation to, the
work, that would prejudice the author's honor or reputation.''
Works in Public Domain Without Copyright Protection
Section 12 of Pub. L. 100-568 provided that: ``Title 17, United
States Code, as amended by this Act [see Short Title of 1988 Amendment
note above], does not provide copyright protection for any work that is
in the public domain in the United States.''
Definitions
Pub. L. 103-465, title V, Sec. 501, Dec. 8, 1994, 108 Stat. 4973,
provided that: ``For purposes of this title [enacting section 1101 of
this title and section 2319A of Title 18, Crimes and Criminal Procedure,
amending sections 104A and 109 of this title, sections 1052 and 1127 of
Title 15, Commerce and Trade, and sections 41, 104, 111, 119, 154, 156,
172, 173, 252, 262, 271, 272, 287, 292, 295, 307, 365, and 373 of Title
35, Patents, enacting provisions set out as notes under section 1052 of
Title 15 and sections 104 and 154 of Title 35, and amending provisions
set out as a note under section 109 of this title]--
``(1) the term `WTO Agreement' has the meaning given that term
in section 2(9) of the Uruguay Round Agreements Act [19 U.S.C.
3501(9)]; and
``(2) the term `WTO member country' has the meaning given that
term in section 2(10) of the Uruguay Round Agreements Act.''
Section Referred to in Other Sections
This section is referred to in sections 106A, 114 of this title;
title 2 sections 179u, 1741; title 15 section 1129; title 18 sections
2318, 2319; title 28 section 4001.
