§ 501. — Infringement of copyright.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 17USC501]
TITLE 17--COPYRIGHTS
CHAPTER 5--COPYRIGHT INFRINGEMENT AND REMEDIES
Sec. 501. Infringement of copyright
(a) Anyone who violates any of the exclusive rights of the copyright
owner as provided by sections 106 through 122 or of the author as
provided in section 106A(a), or who imports copies or phonorecords into
the United States in violation of section 602, is an infringer of the
copyright or right of the author, as the case may be. For purposes of
this chapter (other than section 506), any reference to copyright shall
be deemed to include the rights conferred by section 106A(a). As used in
this subsection, the term ``anyone'' includes any State, any
instrumentality of a State, and any officer or employee of a State or
instrumentality of a State acting in his or her official capacity. Any
State, and any such instrumentality, officer, or employee, shall be
subject to the provisions of this title in the same manner and to the
same extent as any nongovernmental entity.
(b) The legal or beneficial owner of an exclusive right under a
copyright is entitled, subject to the requirements of section 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 joinder, 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.
(e) With respect to any secondary transmission that is made by a
satellite carrier of a performance or display of a work embodied in a
primary transmission and is actionable as an act of infringement under
section 119(a)(5), a network 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 station.
(f)(1) With respect to any secondary transmission that is made by a
satellite carrier of a performance or display of a work embodied in a
primary transmission and is actionable as an act of infringement under
section 122, 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
market of that station.
(2) A television broadcast station may file a civil action against
any satellite carrier that has refused to carry television broadcast
signals, as required under section 122(a)(2), to enforce that television
broadcast station's rights under section 338(a) of the Communications
Act of 1934.
(Pub. L. 94-553, title I, Sec. 101, Oct. 19, 1976, 90 Stat. 2584; Pub.
L. 100-568, Sec. 10(a), Oct. 31, 1988, 102 Stat. 2860; Pub. L. 100-667,
title II, Sec. 202(3), Nov. 16, 1988, 102 Stat. 3957; Pub. L. 101-553,
Sec. 2(a)(1), Nov. 15, 1990, 104 Stat. 2749; Pub. L. 101-650, title VI,
Sec. 606(a), Dec. 1, 1990, 104 Stat. 5131; Pub. L. 106-44, Sec. 1(g)(5),
Aug. 5, 1999, 113 Stat. 222; Pub. L. 106-113, div. B, Sec. 1000(a)(9)
[title I, Secs. 1002(b), 1011(b)(3)], Nov. 29, 1999, 113 Stat. 1536,
1501A-527, 1501A-544; Pub. L. 107-273, div. C, title III,
Sec. 13210(4)(B), Nov. 2, 2002, 116 Stat. 1909.)
Historical and Revision Notes
house report no. 94-1476
The bill, unlike the present law, contains a general statement of
what constitutes infringement of copyright. Section 501(a) identifies a
copyright infringer as someone who ``violates any of the exclusive
rights of the copyright owner as provided by sections 106 through 118''
of the bill, or who imports copies or phonorecords in violation of
section 602. Under the latter section an unauthorized importation of
copies or phonorecords acquired abroad is an infringement of the
exclusive right of distribution under certain circumstances.
The principle of the divisibility of copyright ownership,
established by section 201(d), carries with it the need in infringement
actions to safeguard the rights of all copyright owners and to avoid a
multiplicity of suits. Subsection (b) of section 501 enables the owner
of a particular right to bring an infringement action in that owner's
name alone, while at the same time insuring to the extent possible that
the other owners whose rights may be affected are notified and given a
chance to join the action.
The first sentence of subsection (b) empowers the ``legal or
beneficial owner of an exclusive right'' to bring suit for ``any
infringement of that particular right committed while he or she is the
owner of it.'' A ``beneficial owner'' for this purpose would include,
for example, an author who had parted with legal title to the copyright
in exchange for percentage royalties based on sales or license fees.
The second and third sentences of section 501(b), which supplement
the provisions of the Federal Rules of Civil Procedure [Title 28,
Judiciary and Judicial Procedure], give the courts discretion to require
the plaintiff to serve notice of the plaintiff's suit on ``any person
shown, by the records of the Copyright Office or otherwise, to have or
claim an interest in the copyright''; where a person's interest ``is
likely to be affected by a decision in the case'' a court order
requiring service of notice is mandatory. As under the Federal rules,
the court has discretion to require joinder of ``any person having or
claiming an interest in the copyright''; but, if any such person wishes
to become a party, the court must permit that person's intervention.
In addition to cases involving divisibility of ownership in the same
version of a work, section 501(b) is intended to allow a court to permit
or compel joinder of the owners of rights in works upon which a
derivative work is based.
Section 501 contains two provisions conferring standing to sue under
the statue upon broadcast stations in specific situations involving
secondary transmissions by cable systems. Under subsection (c), a local
television broadcaster licensed to transmit a work can sue a cable
system importing the same version of the work into the broadcaster's
local service area in violation of section 111(c). Subsection (d) deals
with cases arising under section 111(c)(3), the provision dealing with
substitution or alteration by a cable system of commercials or other
programming; in such cases standing to sue is also conferred on: (1) the
primary transmitter whose transmission has been altered by the cable
system, and (2) any broadcast stations within whose local service area
the secondary transmission occurs. These provisions are linked to
section 509, a new provision on remedies for alteration of programming
by cable systems, discussed below.
Vicarious Liability for Infringing Performances. The committee has
considered and rejected an amendment to this section intended to exempt
the proprietors of an establishment, such as a ballroom or night club,
from liability for copyright infringement committed by an independent
contractor, such as an orchestra leader. A well-established principle of
copyright law is that a person who violates any of the exclusive rights
of the copyright owner is an infringer, including persons who can be
considered related or vicarious infringers. To be held a related or
vicarious infringer in the case of performing rights, a defendant must
either actively operate or supervise the operation of the place wherein
the performances occur, or control the content of the infringing
program, and expect commercial gain from the operation and either direct
or indirect benefit from the infringing performance. The committee has
decided that no justification exists for changing existing law, and
causing a significant erosion of the public performance right.
References in Text
Section 338(a) of the Communications Act of 1934, referred to in
subsec. (f)(2), is classified to section 338(a) of Title 47, Telegraphs,
Telephones, and Radiotelegraphs.
Amendments
2002--Subsec. (a). Pub. L. 107-273 substituted ``122'' for ``121''.
1999--Subsec. (a). Pub. L. 106-44 substituted ``121'' for ``118''.
Subsec. (e). Pub. L. 106-113, Sec. 1000(a)(9) [title I,
Sec. 1011(b)(3)], substituted ``performance or display of a work
embodied in a primary transmission'' for ``primary transmission
embodying the performance or display of a work''.
Subsec. (f). Pub. L. 106-113, Sec. 1000(a)(9) [title I,
Sec. 1002(b)], added subsec. (f).
1990--Subsec. (a). Pub. L. 101-650 inserted ``or of the author as
provided in section 106A(a)'' after ``118'' and substituted ``copyright
or right of the author, as the case may be. For purposes of this chapter
(other than section 506), any reference to copyright shall be deemed to
include the rights conferred by section 106A(a).'' for ``copyright.''
Pub. L. 101-553 inserted sentences at end defining ``anyone'' and
providing that any State and any instrumentality, officer, or employee
be subject to the provisions of this title in the same manner and to the
same extent as any nongovernmental entity.
1988--Subsec. (b). Pub. L. 100-568 substituted ``section 411'' for
``sections 205(d) and 411''.
Subsec. (e). Pub. L. 100-667 added subsec. (e).
Effective Date of 1999 Amendment
Amendment by section 1000(a)(9) [title I, Sec. 1002(b)] of Pub. L.
106-113 effective July 1, 1999, and amendment by section 1000(a)(9)
[title I, Sec. 1011(b)(3)] of Pub. L. 106-113 effective Nov. 29, 1999,
see section 1000(a)(9) [title I, Sec. 1012] of Pub. L. 106-113, set out
as a note under section 101 of this title.
Effective Date of 1990 Amendments
Amendment by 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 3 of Pub. L. 101-553 provided that: ``The amendments made by
this Act [enacting section 511 of this title and amending this section
and sections 910 and 911 of this title] shall take effect with respect
to violations that occur on or after the date of the enactment of this
Act [Nov. 15, 1990].''
Effective Date of 1988 Amendments
Amendment by Pub. L. 100-667 effective Jan. 1, 1989, see section 206
of Pub. L. 100-667, set out as an Effective Date note under section 119
of this title.
Amendment by Pub. L. 100-568 effective Mar. 1, 1989, with any cause
of action arising under this title before such date being governed by
provisions in effect when cause of action arose, see section 13 of Pub.
L. 100-568, set out as a note under section 101 of this title.
Causes of Action Arising Under Predecessor Provisions
Section 112 of Pub. L. 94-553 provided that: ``All causes of action
that arose under title 17 before January 1, 1978, shall be governed by
title 17 as it existed when the cause of action arose.''
Section Referred to in Other Sections
This section is referred to in sections 109, 111, 115, 119, 122,
411, 510, 602 of this title; title 47 section 338.
