§ 908. — Registration of claims of protection.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 17USC908]
TITLE 17--COPYRIGHTS
CHAPTER 9--PROTECTION OF SEMICONDUCTOR CHIP PRODUCTS
Sec. 908. Registration of claims of protection
(a) The owner of a mask work may apply to the Register of Copyrights
for registration of a claim of protection in a mask work. Protection of
a mask work under this chapter shall terminate if application for
registration of a claim of protection in the mask work is not made as
provided in this chapter within two years after the date on which the
mask work is first commercially exploited anywhere in the world.
(b) The Register of Copyrights shall be responsible for all
administrative functions and duties under this chapter. Except for
section 708, the provisions of chapter 7 of this title relating to the
general responsibilities, organization, regulatory authority, actions,
records, and publications of the Copyright Office shall apply to this
chapter, except that the Register of Copyrights may make such changes as
may be necessary in applying those provisions to this chapter.
(c) The application for registration of a mask work shall be made on
a form prescribed by the Register of Copyrights. Such form may require
any information regarded by the Register as bearing upon the preparation
or identification of the mask work, the existence or duration of
protection of the mask work under this chapter, or ownership of the mask
work. The application shall be accompanied by the fee set pursuant to
subsection (d) and the identifying material specified pursuant to such
subsection.
(d) The Register of Copyrights shall by regulation set reasonable
fees for the filing of applications to register claims of protection in
mask works under this chapter, and for other services relating to the
administration of this chapter or the rights under this chapter, taking
into consideration the cost of providing those services, the benefits of
a public record, and statutory fee schedules under this title. The
Register shall also specify the identifying material to be deposited in
connection with the claim for registration.
(e) If the Register of Copyrights, after examining an application
for registration, determines, in accordance with the provisions of this
chapter, that the application relates to a mask work which is entitled
to protection under this chapter, then the Register shall register the
claim of protection and issue to the applicant a certificate of
registration of the claim of protection under the seal of the Copyright
Office. The effective date of registration of a claim of protection
shall be the date on which an application, deposit of identifying
material, and fee, which are determined by the Register of Copyrights or
by a court of competent jurisdiction to be acceptable for registration
of the claim, have all been received in the Copyright Office.
(f) In any action for infringement under this chapter, the
certificate of registration of a mask work shall constitute prima facie
evidence (1) of the facts stated in the certificate, and (2) that the
applicant issued the certificate has met the requirements of this
chapter, and the regulations issued under this chapter, with respect to
the registration of claims.
(g) Any applicant for registration under this section who is
dissatisfied with the refusal of the Register of Copyrights to issue a
certificate of registration under this section may seek judicial review
of that refusal by bringing an action for such review in an appropriate
United States district court not later than sixty days after the
refusal. The provisions of chapter 7 of title 5 shall apply to such
judicial review. The failure of the Register of Copyrights to issue a
certificate of registration within four months after an application for
registration is filed shall be deemed to be a refusal to issue a
certificate of registration for purposes of this subsection and section
910(b)(2), except that, upon a showing of good cause, the district court
may shorten such four-month period.
(Added Pub. L. 98-620, title III, Sec. 302, Nov. 8, 1984, 98 Stat.
3351.)
Section Referred to in Other Sections
This section is referred to in sections 902, 903, 904, 910, 912, 913
of this title.
