17 U.S. Code § 101 - Definitions | U.S. Code | US Law | LII / Legal Information Institute

17 U.S. Code § 101 - Definitions | U.S. Code | US Law | LII / Legal Information Institute
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17 U.S. Code § 101 - Definitions
U.S. Code
Notes
Authorities (CFR)
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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 “
Copyright Royalty Judge
” is a
Copyright Royalty Judge
appointed under
section 802 of this title
, and includes any individual serving as an interim
Copyright Royalty Judge
under such section.
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.
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.
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 “
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.
The term “
motion picture exhibition facility
” means a movie theater, screening room, or other venue that is being used primarily for the exhibition of a copyrighted motion picture, if such exhibition is open to the public or is made to an assembled group of viewers outside of a normal circle of a family and its social acquaintances.
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.
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, § 101
Oct. 19, 1976
90 Stat. 2541
Pub. L. 96–517, § 10(a)
Dec. 12, 1980
94 Stat. 3028
Pub. L. 100–568, § 4(a)(1)
Oct. 31, 1988
102 Stat. 2854
Pub. L. 101–650, title VI, § 602
, title VII, § 702,
Dec. 1, 1990
104 Stat. 5128
, 5133;
Pub. L. 102–307, title I, § 102(b)(2)
June 26, 1992
106 Stat. 266
Pub. L. 102–563, § 3(b)
Oct. 28, 1992
106 Stat. 4248
Pub. L. 104–39, § 5(a)
Nov. 1, 1995
109 Stat. 348
Pub. L. 105–80, § 12(a)(3)
Nov. 13, 1997
111 Stat. 1534
Pub. L. 105–147, § 2(a)
Dec. 16, 1997
111 Stat. 2678
Pub. L. 105–298, title II, § 205
Oct. 27, 1998
112 Stat. 2833
Pub. L. 105–304, title I, § 102(a)
Oct. 28, 1998
112 Stat. 2861
Pub. L. 106–44, § 1(g)(1)
Aug. 5, 1999
113 Stat. 222
Pub. L. 106–113, div. B, § 1000(a)(9) [title I, § 1011(d)]
Nov. 29, 1999
113 Stat. 1536
, 1501A–544;
Pub. L. 106–379, § 2(a)
Oct. 27, 2000
114 Stat. 1444
Pub. L. 107–273, div. C, title III, § 13210(5)
Nov. 2, 2002
116 Stat. 1909
Pub. L. 108–419, § 4
Nov. 30, 2004
118 Stat. 2361
Pub. L. 109–9, title I, § 102(c)
Apr. 27, 2005
119 Stat. 220
Pub. L. 111–295, § 6(a)
Dec. 9, 2010
124 Stat. 3181
.)
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.
Editorial Notes
References in Text
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, § 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
2010—
Pub. L. 111–295, § 6(a)(3)
, transferred the definition of
“food service or drinking establishment”
to appear after the definition of “fixed”.
Pub. L. 111–295, § 6(a)(2)
, transferred the definition of
“motion picture exhibition facility”
to appear after the definition of
“Literary works”
Pub. L. 111–295, § 6(a)(1)
, which directed transfer of the definition of
“Copyright Royalty Judges”
to appear after the definition of “Copyright owner”, was executed by so transferring the definition of
“Copyright Royalty Judge”
, to reflect the probable intent of
Congress
2005—
Pub. L. 109–9
inserted definition of
“motion picture exhibition facility”
after definition of
“Motion pictures”
2004—
Pub. L. 108–419
inserted definition of
“Copyright Royalty Judge”
after definition of
“Copies”
2002—
Pub. L. 107–273, § 13210(5)(B)
, transferred definition of “Registration” to appear after definition of
“publicly”
Pub. L. 107–273, § 13210(5)(A)
, transferred definition of
“computer program”
to appear after definition of
“compilation”
2000—
Pub. L. 106–379, § 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, § 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, § 1(g)(1)(B)
, in definition of
“proprietor”
, substituted “For purposes of section 513, a
‘proprietor’
” for “A
‘proprietor’
”.
Pub. L. 106–44, § 1(g)(1)(A)
, transferred definition of “United
States
work” to appear after definition of “United
States”
1998—
Pub. L. 105–304, § 102(a)(1)
, struck out definition of
“Berne Convention
work”.
Pub. L. 105–304, § 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, § 205(1)
, inserted definitions of
“establishment”
and
“food service or drinking establishment”
Pub. L. 105–304, § 102(a)(3)
, inserted definition of
“Geneva Phonograms Convention”
Pub. L. 105–298, § 205(2)
, inserted definition of
“gross square feet of space”
Pub. L. 105–304, § 102(a)(4)
, inserted definition of
“international agreement”
Pub. L. 105–298, § 205(3)
, (4), inserted definitions of
“performing rights society”
and
“proprietor”
Pub. L. 105–304, § 102(a)(5)
, inserted definition of term
“treaty party”
Pub. L. 105–304, § 102(a)(6)
, inserted definition of term
“WIPO Copyright Treaty”
Pub. L. 105–304, § 102(a)(7)
, inserted definition of term
“WIPO Performances and Phonograms Treaty”
Pub. L. 105–304, § 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, § 702(a)
, inserted definition of
“architectural work”
Pub. L. 101–650, § 702(b)
, in definition of
“Berne Convention
work” added par. (5).
Pub. L. 101–650, § 602
, inserted definition of
“work of visual art”
1988—
Pub. L. 100–568, § 4(a)(1)(B)
, inserted definitions of “The
Berne Convention”
and
“Berne Convention
work”.
Pub. L. 100–568, § 4(a)(1)(C)
, inserted definition of “country of origin”.
Pub. L. 100–568, § 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”
Statutory Notes and Related Subsidiaries
Effective Date of 2004 Amendment
Amendment by
Pub. L. 108–419
effective 6 months after
Nov. 30, 2004
, subject to transition provisions, see
section 6 of Pub. L. 108–419
, set out as an Effective Date; Transition Provisions note under
section 801 of this title
Effective Date of 2000 Amendment
Pub. L. 106–379, § 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, § 1000(a)(9) [title I, § 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, Telecommunications, 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 Amendment
Pub. L. 105–304, title I, § 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 Amendment 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, § 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
Pub. L. 104–39, § 6
Nov. 1, 1995
109 Stat. 349
, 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
Pub. L. 102–307, title I, § 102(g)
June 26, 1992
106 Stat. 266
, as amended by
Pub. L. 105–298, title I, § 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
Pub. L. 101–650, title VII, § 706
Dec. 1, 1990
104 Stat. 5134
, 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
Pub. L. 100–568, § 13
Oct. 31, 1988
102 Stat. 2861
, 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 2022 Amendment
Pub. L. 117–201, § 1
Oct. 17, 2022
136 Stat. 2222
, provided that:
“This Act [amending
section 708 of this title
] may be cited as the ‘Artistic Recognition for Talented Students Act’ or the ‘ARTS Act’.”
Short Title of 2020 Amendment
Pub. L. 116–260, div. Q, title II, § 212(a)
Dec. 27, 2020
134 Stat. 2176
, provided that:
“This section [enacting
chapter 15 of this title
and enacting provisions set out as notes under sections
1501
and
1502
of this title] may be cited as the ‘Copyright Alternative in Small-Claims Enforcement Act of 2020’ or the ‘CASE Act of 2020’.”
Short Title of 2019 Amendment
Pub. L. 116–94, div. P, title XI, § 1101
Dec. 20, 2019
133 Stat. 3201
, provided that:
“This title [amending sections
119
and
501
of this title and enacting provisions set out as a note under
section 119 of this title
] may be cited as the ‘Satellite Television Community Protection and Promotion Act of 2019’.”
Short Title of 2018 Amendment
Pub. L. 115–264, § 1(a)
Oct. 11, 2018
132 Stat. 3676
, provided that:
“This Act [enacting
chapter 14 of this title
, amending sections
114
115
301
801
803
, and
804
of this title,
section 58c of Title 19
, Customs Duties, and
section 137 of Title 28
, Judiciary and Judicial Procedure, and enacting provisions set out as notes under this section and sections 106, 114, and 115 of this title] may be cited as the ‘Orrin G. Hatch–Bob Goodlatte Music Modernization Act’.”
Pub. L. 115–264, title I, § 101
Oct. 11, 2018
132 Stat. 3676
, provided that:
“This title [amending sections
114
115
801
803
, and
804
of this title and
section 137 of Title 28
, Judiciary and Judicial Procedure, and enacting provisions set out as notes under sections 106, 114, and 115 of this title] may be cited as the ‘Musical Works Modernization Act’.”
Pub. L. 115–264, title II, § 201
Oct. 11, 2018
132 Stat. 3728
, provided that:
“This title [enacting
chapter 14 of this title
and amending
section 301 of this title
] may be cited as the ‘Classics Protection and Access Act’.”
Pub. L. 115–264, title III, § 301
Oct. 11, 2018
132 Stat. 3737
, provided that:
“This title [amending
section 114 of this title
and enacting provisions set out as a note under
section 114 of this title
] may be cited as the ‘Allocation for Music Producers Act’ or the ‘AMP Act’.”
Pub. L. 115–261, § 1
Oct. 9, 2018
132 Stat. 3667
, provided that:
“This Act [enacting
section 121A of this title
and amending
section 121 of this title
] may be cited as the ‘Marrakesh Treaty Implementation Act’.”
Short Title of 2010 Amendment
Pub. L. 111–295, § 1
Dec. 9, 2010
124 Stat. 3180
, provided that:
“This Act [amending this section and sections
114
115
119
205
303
409
503
504
512
602
704
803
1203
, and
1204
of this title and
section 2318 of Title 18
, Crimes and Criminal Procedure, and repealing
section 601 of this title
] may be cited as the ‘
Copyright Cleanup, Clarification, and Corrections Act of 2010
’.”
Pub. L. 111–175, § 1(a)
May 27, 2010
124 Stat. 1218
, provided that:
“This Act [enacting
section 342 of Title 47
, Telecommunications, amending sections 111, 119, 122, 708, and 804 of this title and sections 325, 335, and 338 to 340 of Title 47, enacting provisions set out as notes under sections 111 and 119 of this title and sections 325, 338, and 340 of Title 47, and repealing provisions set out as a note under
section 119 of this title
] may be cited as the ‘
Satellite Television Extension and Localism Act of 2010
’.”
Pub. L. 111–151, § 1
Mar. 26, 2010
124 Stat. 1027
, provided that:
“This Act [amending
section 119 of this title
and
section 325 of Title 47
, Telecommunications, and amending provisions set out as a note under
section 119 of this title
] may be cited as the ‘Satellite Televison [sic] Extension Act of 2010’.”
Short Title of 2009 Amendment
Pub. L. 111–36, § 1
June 30, 2009
123 Stat. 1926
, provided that:
“This Act [amending
section 114 of this title
] may be cited as the ‘
Webcaster Settlement Act of 2009
’.”
Short Title of 2008 Amendment
Pub. L. 110–435, § 1
Oct. 16, 2008
122 Stat. 4974
, provided that:
“This Act [amending
section 114 of this title
] may be cited as the ‘
Webcaster Settlement Act of 2008
’.”
Pub. L. 110–434, § 1(a)
Oct. 16, 2008
122 Stat. 4972
, provided that:
“This Act [amending
section 1301 of this title
] may be cited as the ‘
Vessel Hull Design Protection Amendments of 2008
’.”
Short Title of 2006 Amendment
Pub. L. 109–303, § 1
Oct. 6, 2006
120 Stat. 1478
, provided that:
“This Act [amending sections
111
114
115
118
119
801
to
804
, and
1007
of this title, enacting provisions set out as notes under sections
111
and
119
of this title, and amending provisions set out as a note under
section 801 of this title
] may be cited as the ‘
Copyright Royalty Judges Program Technical Corrections Act
’.”
Short Title of 2005 Amendment
Pub. L. 109–9, § 1
Apr. 27, 2005
119 Stat. 218
, provided that:
“This Act [enacting
section 2319B of Title 18
, Crimes and Criminal Procedure, amending this section and sections 108, 110, 408, 411, 412, and 506 of this title, sections 179m, 179n, 179p, 179q, and 179w of Title 2, The
Congress
section 1114 of Title 15
, Commerce and Trade,
section 2319 of Title 18
, and sections 151703, 151705, 151706, and 151711 of Title 36, Patriotic and National Observances, Ceremonies, and Organizations, enacting provisions set out as notes under this section, section 179
of Title 2, and
section 101 of Title 36
, and provisions listed in a table relating to sentencing guidelines set out as a note under
section 994 of Title 28
, Judiciary and Judicial Procedure] may be cited as the ‘
Family Entertainment and Copyright Act of 2005
’.”
Pub. L. 109–9, title I, § 101
Apr. 27, 2005
119 Stat. 218
, provided that:
“This title [enacting
section 2319B of Title 18
, Crimes and Criminal Procedure, amending this section, sections 408, 411, 412, and 506 of this title, and
section 2319 of Title 18
, and enacting provisions listed in a table relating to sentencing guidelines set out as a note under
section 994 of Title 28
, Judiciary and Judicial Procedure] may be cited as the ‘Artists’ Rights and Theft Prevention Act of 2005’ or the ‘
ART Act
’.”
Pub. L. 109–9, title II, § 201
Apr. 27, 2005
119 Stat. 223
, provided that:
“This title [amending
section 110 of this title
and
section 1114 of Title 15
, Commerce and Trade] may be cited as the ‘
Family Movie Act of 2005
’.”
Pub. L. 109–9, title IV, § 401
Apr. 27, 2005
119 Stat. 226
, provided that:
“This title [amending
section 108 of this title
] may be cited as the ‘
Preservation of Orphan Works Act
’.”
Short Title of 2004 Amendment
Pub. L. 108–447, div. J, title IX, § 1(a)
Dec. 8, 2004
118 Stat. 3393
, provided that:
“This title [enacting sections 340 and 341 of Title 47, Telecommunications, amending sections
111
119
122
, and
803
of this title and sections 307, 312, 325, 338, and 339 of Title 47, enacting provisions set out as notes under
section 119 of this title
and sections 325 and 338 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 Extension and Reauthorization Act of 2004
’ or the ‘
W. J. (Billy) Tauzin Satellite Television Act of 2004
’.”
Pub. L. 108–419, § 1
Nov. 30, 2004
118 Stat. 2341
, provided that:
“This Act [enacting
chapter 8 of this title
, amending this section and sections
111
112
114
to
116
118
119
1004
1006
1007
, and
1010
of this title, and enacting provisions set out as a note under
section 801 of this title
] may be cited as the ‘
Copyright Royalty and Distribution Reform Act of 2004
’.”
Short Title of 2002 Amendment
Pub. L. 107–321, § 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, § 13301(a)
Nov. 2, 2002
116 Stat. 1910
, provided that:
“This subtitle [subtitle C (§ 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, § 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 Amendment
Pub. L. 106–160, § 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, § 1000(a)(9) [title I, § 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, Telecommunications, 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 Amendment
Pub. L. 105–304, § 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, § 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, § 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, § 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, § 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, § 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, § 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
Pub. L. 104–39, § 1
Nov. 1, 1995
109 Stat. 336
, 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, § 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, § 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 Amendment
Pub. L. 102–563, § 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
’.”
Pub. L. 102–307, § 1
June 26, 1992
106 Stat. 264
, 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 178
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
’.”
Pub. L. 102–307, title I, § 101
June 26, 1992
106 Stat. 264
, 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, § 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 Amendment
Pub. L. 101–650, title VI, § 601
Dec. 1, 1990
104 Stat. 5128
, 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
’.”
Pub. L. 101–650, title VII, § 701
Dec. 1, 1990
104 Stat. 5133
, 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
’.”
Pub. L. 101–650, title VIII, § 801
Dec. 1, 1990
104 Stat. 5134
, 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, § 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, § 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, § 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 Amendment
Pub. L. 100–667, title II, § 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, Telecommunications, 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
.]
Pub. L. 100–568, § 1(a)
Oct. 31, 1988
102 Stat. 2853
, 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 Amendment
Pub. L. 98–620, title III, § 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, § 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
’.”
Short Title of 1976 Act
Pub. L. 94–553
Oct. 19, 1976
90 Stat. 2541
, which enacted this title and
section 170 of Title 2
, The
Congress
, amended
section 131 of Title 2
section 290e of Title 15
, Commerce and Trade,
section 2318 of Title 18
, Crimes and Criminal Procedure,
section 543 of Title 26
Internal Revenue Code
section 1498 of Title 28
, Judiciary and Judicial Procedure, sections 3202 and 3206 of Title 39, Postal Service, and sections 505 and 2117 of Title 44, Public Printing and Documents, and enacted provisions set out as notes preceding this section and under sections 104, 115, 304, 401, 407, 410, and 501 of this title, is popularly known as the “
Copyright Act of 1976
”.
Severability
Pub. L. 106–379, § 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, § 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
Pub. L. 101–650, title VI, § 609
Dec. 1, 1990
104 Stat. 5132
, provided that:
“This title [see Short Title of 1990 Amendment 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
Pub. L. 100–568, § 2
Oct. 31, 1988
102 Stat. 2853
, 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
Pub. L. 100–568, § 3
Oct. 31, 1988
102 Stat. 2853
, 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
Pub. L. 100–568, § 12
Oct. 31, 1988
102 Stat. 2860
, 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, § 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
.”
CFR Title
Parts
19
133
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