Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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---
type: "LegalText"
title: "17 U.S.C. § 103"
description: "Subject matter of copyright: Compilations and derivative works"
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corpus: "united_states_code"
kind: "code_section"
title_number: 17
title_name: "COPYRIGHTS"
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chapter_name: "SUBJECT MATTER AND SCOPE OF COPYRIGHT"
section: "103"
citation: "17 U.S.C. § 103"
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source: "official"
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tags: ["legal", "us-code"]
---
# 17 U.S.C. § 103 - Subject matter of copyright: Compilations and derivative works
## Text
(a) The subject matter of copyright as specified by section 102 includes compilations and derivative works, but protection for a work employing preexisting material in which copyright subsists does not extend to any part of the work in which such material has been used unlawfully.
(b) The copyright in a compilation or derivative work extends only to the material contributed by the author of such work, as distinguished from the preexisting material employed in the work, and does not imply any exclusive right in the preexisting material. The copyright in such work is independent of, and does not affect or enlarge the scope, duration, ownership, or subsistence of, any copyright protection in the preexisting material.
(Pub. L. 94553, title I, § 101, Oct. 19, 1976, 90 Stat. 2545.)
## Notes
Historical and Revision Notes
house report no. 941476Section 103 complements section 102: A compilation or derivative work is copyrightable if it represents an “original work of authorship” and falls within one or more of the categories listed in section 102. Read together, the two sections make plain that the criteria of copyrightable subject matter stated in section 102 apply with full force to works that are entirely original and to those containing preexisting material. Section 103(b) is also intended to define, more sharply and clearly than does section 7 of the present law [section 7 of former title 17], the important interrelationship and correlation between protection of preexisting and of “new” material in a particular work. The most important point here is one that is commonly misunderstood today: copyright in a “new version” covers only the material added by the later author, and has no effect one way or the other on the copyright or public domain status of the preexisting material. Between them the terms “compilations” and “derivative works” which are defined in section 101 comprehend every copyrightable work that employs preexisting material or data of any kind. There is necessarily some overlapping between the two, but they basically represent different concepts. A “compilation” results from a process of selecting, bringing together, organizing, and arranging previously existing material of all kinds, regardless of whether the individual items in the material have been or ever could have been subject to copyright. A “derivative work,” on the other hand, requires a process of recasting, transforming, or adapting “one or more preexisting works”; the “preexisting work” must come within the general subject matter of copyright set forth in section 102, regardless of whether it is or was ever copyrighted. The second part of the sentence that makes up section 103(a) deals with the status of a compilation or derivative work unlawfully employing preexisting copyrighted material. In providing that protection does not extend to “any part of the work in which such material has been used unlawfully,” the bill prevents an infringer from benefiting, through copyright protection, from committing an unlawful act, but preserves protection for those parts of the work that do not employ the preexisting work. Thus, an unauthorized translation of a novel could not be copyrighted at all, but the owner of copyright in an anthology of poetry could sue someone who infringed the whole anthology, even though the infringer proves that publication of one of the poems was unauthorized. Under this provision, copyright could be obtained as long as the use of the preexisting work was not “unlawful,” even though the consent of the copyright owner had not been obtained. For instance, the unauthorized reproduction of a work might be “lawful” under the doctrine of fair use or an applicable foreign law, and if so the work incorporating it could be copyrighted.
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---
type: "LegalText"
title: "17 U.S.C. § 104A"
description: "Copyright in restored works"
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title_number: 17
title_name: "COPYRIGHTS"
chapter_number: "1"
chapter_name: "SUBJECT MATTER AND SCOPE OF COPYRIGHT"
section: "104A"
citation: "17 U.S.C. § 104A"
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tags: ["legal", "us-code"]
---
# 17 U.S.C. § 104A - Copyright in restored works
## Text
(a) Automatic Protection and Term.— (1) Term.— (A) Copyright subsists, in accordance with this section, in restored works, and vests automatically on the date of restoration.
(B) Any work in which copyright is restored under this section shall subsist for the remainder of the term of copyright that the work would have otherwise been granted in the United States if the work never entered the public domain in the United States.
(2) Exception.— Any work in which the copyright was ever owned or administered by the Alien Property Custodian and in which the restored copyright would be owned by a government or instrumentality thereof, is not a restored work.
(b) Ownership of Restored Copyright.— A restored work vests initially in the author or initial rightholder of the work as determined by the law of the source country of the work.
(c) Filing of Notice of Intent to Enforce Restored Copyright Against Reliance Parties.— On or after the date of restoration, any person who owns a copyright in a restored work or an exclusive right therein may file with the Copyright Office a notice of intent to enforce that persons copyright or exclusive right or may serve such a notice directly on a reliance party. Acceptance of a notice by the Copyright Office is effective as to any reliance parties but shall not create a presumption of the validity of any of the facts stated therein. Service on a reliance party is effective as to that reliance party and any other reliance parties with actual knowledge of such service and of the contents of that notice.
(d) Remedies for Infringement of Restored Copyrights.— (1) Enforcement of copyright in restored works in the absence of a reliance party.— As against any party who is not a reliance party, the remedies provided in chapter 5 of this title shall be available on or after the date of restoration of a restored copyright with respect to an act of infringement of the restored copyright that is commenced on or after the date of restoration.
(2) Enforcement of copyright in restored works as against reliance parties.— As against a reliance party, except to the extent provided in paragraphs (3) and (4), the remedies provided in chapter 5 of this title shall be available, with respect to an act of infringement of a restored copyright, on or after the date of restoration of the restored copyright if the requirements of either of the following subparagraphs are met:
(A) (i) The owner of the restored copyright (or such owners agent) or the owner of an exclusive right therein (or such owners agent) files with the Copyright Office, during the 24-month period beginning on the date of restoration, a notice of intent to enforce the restored copyright; and
(ii) (I) the act of infringement commenced after the end of the 12-month period beginning on the date of publication of the notice in the Federal Register;
(II) the act of infringement commenced before the end of the 12-month period described in subclause (I) and continued after the end of that 12-month period, in which case remedies shall be available only for infringement occurring after the end of that 12-month period; or
(III) copies or phonorecords of a work in which copyright has been restored under this section are made after publication of the notice of intent in the Federal Register.
(B) (i) The owner of the restored copyright (or such owners agent) or the owner of an exclusive right therein (or such owners agent) serves upon a reliance party a notice of intent to enforce a restored copyright; and
(ii) (I) the act of infringement commenced after the end of the 12-month period beginning on the date the notice of intent is received;
(II) the act of infringement commenced before the end of the 12-month period described in subclause (I) and continued after the end of that 12-month period, in which case remedies shall be available only for the infringement occurring after the end of that 12-month period; or
(III) copies or phonorecords of a work in which copyright has been restored under this section are made after receipt of the notice of intent.
In the event that notice is provided under both subparagraphs (A) and (B), the 12-month period referred to in such subparagraphs shall run from the earlier of publication or service of notice.
(3) Existing derivative works.— (A) In the case of a derivative work that is based upon a restored work and is created—
(i) before the date of the enactment of the Uruguay Round Agreements Act, if the source country of the restored work is an eligible country on such date, or
(ii) before the date on which the source country of the restored work becomes an eligible country, if that country is not an eligible country on such date of enactment,
a reliance party may continue to exploit that derivative work for the duration of the restored copyright if the reliance party pays to the owner of the restored copyright reasonable compensation for conduct which would be subject to a remedy for infringement but for the provisions of this paragraph.
(B) In the absence of an agreement between the parties, the amount of such compensation shall be determined by an action in United States district court, and shall reflect any harm to the actual or potential market for or value of the restored work from the reliance partys continued exploitation of the work, as well as compensation for the relative contributions of expression of the author of the restored work and the reliance party to the derivative work.
(4) Commencement of infringement for reliance parties.— For purposes of section 412, in the case of reliance parties, infringement shall be deemed to have commenced before registration when acts which would have constituted infringement had the restored work been subject to copyright were commenced before the date of restoration.
(e) Notices of Intent To Enforce a Restored Copyright.— (1) Notices of intent filed with the copyright office.— (A) (i) A notice of intent filed with the Copyright Office to enforce a restored copyright shall be signed by the owner of the restored copyright or the owner of an exclusive right therein, who files the notice under subsection (d)(2)(A)(i) (hereafter in this paragraph referred to as the “owner”), or by the owners agent, shall identify the title of the restored work, and shall include an English translation of the title and any other alternative titles known to the owner by which the restored work may be identified, and an address and telephone number at which the owner may be contacted. If the notice is signed by an agent, the agency relationship must have been constituted in a writing signed by the owner before the filing of the notice. The Copyright Office may specifically require in regulations other information to be included in the notice, but failure to provide such other information shall not invalidate the notice or be a basis for refusal to list the restored work in the Federal Register.
(ii) If a work in which copyright is restored has no formal title, it shall be described in the notice of intent in detail sufficient to identify it.
(iii) Minor errors or omissions may be corrected by further notice at any time after the notice of intent is filed. Notices of corrections for such minor errors or omissions shall be accepted after the period established in subsection (d)(2)(A)(i). Notices shall be published in the Federal Register pursuant to subparagraph (B).
(B) (i) The Register of Copyrights shall publish in the Federal Register, commencing not later than 4 months after the date of restoration for a particular nation and every 4 months thereafter for a period of 2 years, lists identifying restored works and the ownership thereof if a notice of intent to enforce a restored copyright has been filed.
(ii) Not less than 1 list containing all notices of intent to enforce shall be maintained in the Public Information Office of the Copyright Office and shall be available for public inspection and copying during regular business hours pursuant to sections 705 and 708.
(C) The Register of Copyrights is authorized to fix reasonable fees based on the costs of receipt, processing, recording, and publication of notices of intent to enforce a restored copyright and corrections thereto.
(D) (i) Not later than 90 days before the date the Agreement on Trade-Related Aspects of Intellectual Property referred to in section 101(d)(15) of the Uruguay Round Agreements Act enters into force with respect to the United States, the Copyright Office shall issue and publish in the Federal Register regulations governing the filing under this subsection of notices of intent to enforce a restored copyright.
(ii) Such regulations shall permit owners of restored copyrights to file simultaneously for registration of the restored copyright.
(2) Notices of intent served on a reliance party.— (A) Notices of intent to enforce a restored copyright may be served on a reliance party at any time after the date of restoration of the restored copyright.
(B) Notices of intent to enforce a restored copyright served on a reliance party shall be signed by the owner or the owners agent, shall identify the restored work and the work in which the restored work is used, if any, in detail sufficient to identify them, and shall include an English translation of the title, any other alternative titles known to the owner by which the work may be identified, the use or uses to which the owner objects, and an address and telephone number at which the reliance party may contact the owner. If the notice is signed by an agent, the agency relationship must have been constituted in writing and signed by the owner before service of the notice.
(3) Effect of material false statements.— Any material false statement knowingly made with respect to any restored copyright identified in any notice of intent shall make void all claims and assertions made with respect to such restored copyright.
(f) Immunity From Warranty and Related Liability.— (1) In general.— Any person who warrants, promises, or guarantees that a work does not violate an exclusive right granted in section 106 shall not be liable for legal, equitable, arbitral, or administrative relief if the warranty, promise, or guarantee is breached by virtue of the restoration of copyright under this section, if such warranty, promise, or guarantee is made before January 1, 1995.
(2) Performances.— No person shall be required to perform any act if such performance is made infringing by virtue of the restoration of copyright under the provisions of this section, if the obligation to perform was undertaken before January 1, 1995.
(g) Proclamation of Copyright Restoration.— Whenever the President finds that a particular foreign nation extends, to works by authors who are nationals or domiciliaries of the United States, restored copyright protection on substantially the same basis as provided under this section, the President may by proclamation extend restored protection provided under this section to any work—
(1) of which one or more of the authors is, on the date of first publication, a national, domiciliary, or sovereign authority of that nation; or
(2) which was first published in that nation.
The President may revise, suspend, or revoke any such proclamation or impose any conditions or limitations on protection under such a proclamation.
(h) Definitions.— For purposes of this section and section 109(a):
(1) The term “date of adherence or proclamation” means the earlier of the date on which a foreign nation which, as of the date the WTO Agreement enters into force with respect to the United States, is not a nation adhering to the Berne Convention or a WTO member country, becomes—
(A) a nation adhering to the Berne Convention;
(B) a WTO member country;
(C) a nation adhering to the WIPO Copyright Treaty;
(D) a nation adhering to the WIPO Performances and Phonograms Treaty; or
(E) subject to a Presidential proclamation under subsection (g).
(2) The “date of restoration” of a restored copyright is—
(A) January 1, 1996, if the source country of the restored work is a nation adhering to the Berne Convention or a WTO member country on such date, or
(B) the date of adherence or proclamation, in the case of any other source country of the restored work.
(3) The term “eligible country” means a nation, other than the United States, that—
(A) becomes a WTO member country after the date of the enactment of the Uruguay Round Agreements Act;
(B) on such date of enactment is, or after such date of enactment becomes, a nation adhering to the Berne Convention;
(C) adheres to the WIPO Copyright Treaty;
(D) adheres to the WIPO Performances and Phonograms Treaty; or
(E) after such date of enactment becomes subject to a proclamation under subsection (g).
(4) The term “reliance party” means any person who—
(A) with respect to a particular work, engages in acts, before the source country of that work becomes an eligible country, which would have violated section 106 if the restored work had been subject to copyright protection, and who, after the source country becomes an eligible country, continues to engage in such acts;
(B) before the source country of a particular work becomes an eligible country, makes or acquires 1 or more copies or phonorecords of that work; or
(C) as the result of the sale or other disposition of a derivative work covered under subsection (d)(3), or significant assets of a person described in subparagraph (A) or (B), is a successor, assignee, or licensee of that person.
(5) The term “restored copyright” means copyright in a restored work under this section.
(6) The term “restored work” means an original work of authorship that—
(A) is protected under subsection (a);
(B) is not in the public domain in its source country through expiration of term of protection;
(C) is in the public domain in the United States due to—
(i) noncompliance with formalities imposed at any time by United States copyright law, including failure of renewal, lack of proper notice, or failure to comply with any manufacturing requirements;
(ii) lack of subject matter protection in the case of sound recordings fixed before February 15, 1972; or
(iii) lack of national eligibility;
(D) has at least one author or rightholder who was, at the time the work was created, a national or domiciliary of an eligible country, and if published, was first published in an eligible country and not published in the United States during the 30-day period following publication in such eligible country; and
(E) if the source country for the work is an eligible country solely by virtue of its adherence to the WIPO Performances and Phonograms Treaty, is a sound recording.
(7) The term “rightholder” means the person—
(A) who, with respect to a sound recording, first fixes a sound recording with authorization, or
(B) who has acquired rights from the person described in subparagraph (A) by means of any conveyance or by operation of law.
(8) The “source country” of a restored work is—
(A) a nation other than the United States;
(B) in the case of an unpublished work—
(i) the eligible country in which the author or rightholder is a national or domiciliary, or, if a restored work has more than 1 author or rightholder, of which the majority of foreign authors or rightholders are nationals or domiciliaries; or
(ii) if the majority of authors or rightholders are not foreign, the nation other than the United States which has the most significant contacts with the work; and
(C) in the case of a published work—
(i) the eligible country in which the work is first published, or
(ii) if the restored work is published on the same day in 2 or more eligible countries, the eligible country which has the most significant contacts with the work.
(Added Pub. L. 103182, title III, § 334(a), Dec. 8, 1993, 107 Stat. 2115; amended Pub. L. 103465, title V, § 514(a), Dec. 8, 1994, 108 Stat. 4976; Pub. L. 104295, § 20(e)(2), Oct. 11, 1996, 110 Stat. 3529; Pub. L. 10580, § 2, Nov. 13, 1997, 111 Stat. 1530; Pub. L. 105304, title I, § 102(c), Oct. 28, 1998, 112 Stat. 2862.)
## Notes
Editorial Notes
References in TextThe date of the enactment of the Uruguay Round Agreements Act, referred to in subsecs. (d)(3)(A) and (h)(3), is the date of enactment of Pub. L. 103465, which was approved Dec. 8, 1994. Section 101(d)(15) of the Uruguay Round Agreements Act, referred to in subsec. (e)(1)(D)(i), is classified to section 3511(d)(15) of Title 19, Customs Duties.
Amendments1998—Subsec. (h)(1)(A) to (E). Pub. L. 105304, § 102(c)(1), added subpars. (A) to (E) and struck out former subpars. (A) and (B) which read as follows: “(A) a nation adhering to the Berne Convention or a WTO member country; or “(B) subject to a Presidential proclamation under subsection (g).” Subsec. (h)(3). Pub. L. 105304, § 102(c)(2), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “The term eligible country means a nation, other than the United States, that— “(A) becomes a WTO member country after the date of the enactment of the Uruguay Round Agreements Act; “(B) on such date of enactment is, or after such date of enactment becomes, a member of the Berne Convention; or “(C) after such date of enactment becomes subject to a proclamation under subsection (g). For purposes of this section, a nation that is a member of the Berne Convention on the date of the enactment of the Uruguay Round Agreements Act shall be construed to become an eligible country on such date of enactment.” Subsec. (h)(6)(E). Pub. L. 105304, § 102(c)(3), added subpar. (E). Subsec. (h)(8)(B)(i). Pub. L. 105304, § 102(c)(4), inserted “of which” before “the majority” and struck out “of eligible countries” after “domiciliaries”. Subsec. (h)(9). Pub. L. 105304, § 102(c)(5), struck out par. (9) which read as follows: “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.” 1997—Subsec. (d)(3)(A). Pub. L. 10580, § 2(1), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “In the case of a derivative work that is based upon a restored work and is created— “(i) before the date of the enactment of the Uruguay Round Agreements Act, if the source country of the derivative work is an eligible country on such date, or “(ii) before the date of adherence or proclamation, if the source country of the derivative work is not an eligible country on such date of enactment, a reliance party may continue to exploit that work for the duration of the restored copyright if the reliance party pays to the owner of the restored copyright reasonable compensation for conduct which would be subject to a remedy for infringement but for the provisions of this paragraph.” Subsec. (e)(1)(B)(ii). Pub. L. 10580, § 2(2), struck out at end “Such list shall also be published in the Federal Register on an annual basis for the first 2 years after the applicable date of restoration.” Subsec. (h)(2), (3). Pub. L. 10580, § 2(3), (4), amended pars. (2) and (3) generally. Prior to amendment, pars. (2) and (3) read as follows: “(2) The date of restoration of a restored copyright is the later of— “(A) the date on which the Agreement on Trade-Related Aspects of Intellectual Property referred to in section 101(d)(15) of the Uruguay Round Agreements Act enters into force with respect to the United States, if the source country of the restored work is a nation adhering to the Berne Convention or a WTO member country on such date; or “(B) the date of adherence or proclamation, in the case of any other source country of the restored work. “(3) The term eligible country means a nation, other than the United States, that is a WTO member country, adheres to the Berne Convention, or is subject to a proclamation under subsection (g).” 1996—Subsec. (h)(3). Pub. L. 104295 substituted “subsection (g)” for “section 104A(g)”. 1994—Pub. L. 103465 substituted “Copyright in restored works” for “Copyright in certain motion pictures” as section catchline and amended text generally, substituting present provisions for provisions restoring copyright in certain motion pictures and providing for effective date of protection as well as use of previously owned copies.
Statutory Notes and Related Subsidiaries
Effective Date of 1998 AmendmentSubsec. (h)(1)(A), (B), (E), (3)(A), (B), (E) of this section and amendment by section 102(c)(4), (5) of Pub. L. 105304 effective Oct. 28, 1998, except as otherwise provided, subsec. (h)(1)(C), (3)(C) of this section effective Mar. 6, 2002, and subsec. (h)(1)(D), (3)(D) of this section and amendment by section 102(c)(3) of Pub. L. 105304 effective May 20, 2002, see section 105(a), (b)(1)(C), (D), (2)(D)(F) of Pub. L. 105304, set out as a note under section 101 of this title.
Effective DateSection effective on the date the North American Free Trade Agreement enters into force with respect to the United States (Jan. 1, 1994), see section 335(a) of Pub. L. 103182, formerly set out in an Effective Date of 1993 Amendment note under section 1052 of Title 15, Commerce and Trade.
Executive Documents
Uruguay Round Agreements: Entry Into ForceThe Uruguay Round Agreements, including the World Trade Organization Agreement and agreements annexed to that Agreement, as referred to in section 3511(d) of Title 19, Customs Duties, entered into force with respect to the United States on Jan. 1, 1995. See note set out under section 3511 of Title 19.
@@ -0,0 +1,99 @@
---
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title: "17 U.S.C. § 105"
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title_number: 17
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chapter_name: "SUBJECT MATTER AND SCOPE OF COPYRIGHT"
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tags: ["legal", "us-code"]
---
# 17 U.S.C. § 105 - Subject matter of copyright: United States Government works
## Text
(a) In General.— Copyright protection under this title is not available for any work of the United States Government, but the United States Government is not precluded from receiving and holding copyrights transferred to it by assignment, bequest, or otherwise.
(b) Copyright Protection of Certain Works.— Subject to subsection (c), the covered author of a covered work owns the copyright to that covered work.
(c) Use by Federal Government.— (1) Secretary of defense authority.— With respect to a covered author who produces a covered work in the course of employment at a covered institution described in subparagraphs (A) through (L) of subsection (d)(2) and subparagraph (M) of such subsection when the Coast Guard is operating as a service in the Navy, the Secretary of Defense may direct the covered author to provide the Federal Government with an irrevocable, royalty-free, worldwide, nonexclusive license to reproduce, distribute, perform, or display such covered work for purposes of the United States Government.
(2) Secretary of the department in which the coast guard is operating when it is not operating as a service in the navy authority.— With respect to a covered author who produces a covered work in the course of employment at the covered institution described in subsection (d)(2)(M), the Secretary of the Department in which the Coast Guard is operating when it is not operating as a service in the Navy may direct the covered author to provide the Federal Government with an irrevocable, royalty-free, worldwide, nonexclusive license to reproduce, distribute, perform, or display such covered work for purposes of the United States Government.
(3) Director of national intelligence authority.— With respect to a covered author who produces a covered work in the course of employment at the covered institution described in subsection (d)(2)(N), the Director of National Intelligence may direct the covered author to provide the Federal Government with an irrevocable, royalty-free, worldwide, nonexclusive license to reproduce, distribute, perform, or display such covered work for purposes of the United States Government.
(4) Secretary of transportation authority.— With respect to a covered author who produces a covered work in the course of employment at the covered institution described in subsection (d)(2)(O), the Secretary of Transportation may direct the covered author to provide the Federal Government with an irrevocable, royalty-free, worldwide, nonexclusive license to reproduce, distribute, perform, or display such covered work for purposes of the United States Government.
(d) Definitions.— In this section:
(1) Covered author.— The term “covered author” means a civilian member of the faculty of a covered institution.
(2) Covered institution.— The term “covered institution” means the following:
(A) National Defense University.
(B) United States Military Academy.
(C) Army War College.
(D) United States Army Command and General Staff College.
(E) United States Naval Academy.
(F) Naval War College.
(G) Naval Postgraduate School.
(H) Marine Corps University.
(I) United States Air Force Academy.
(J) Air University.
(K) Defense Language Institute.
(L) Uniformed Services University of the Health Sciences.
(M) United States Coast Guard Academy.
(N) National Intelligence University.
(O) United States Merchant Marine Academy.
(3) Covered work.— The term “covered work” means a literary work produced by a covered author in the course of employment at a covered institution for publication by a scholarly press or journal.
(Pub. L. 94553, title I, § 101, Oct. 19, 1976, 90 Stat. 2546; Pub. L. 11692, div. A, title V, § 544, Dec. 20, 2019, 133 Stat. 1376; Pub. L. 117263, div. C, title XXXV, § 3514, div. F, title LXIII, § 6306, Dec. 23, 2022, 136 Stat. 3068, 3504; Pub. L. 118159, div. F, title LXIX, § 6902(e), Dec. 23, 2024, 138 Stat. 2518; Pub. L. 11960, div. A, title XVII, § 1702, Dec. 18, 2025, 139 Stat. 1210.)
## Notes
Historical and Revision Notes
house report no. 941476Scope of the Prohibition. The basic premise of section 105 of the bill is the same as that of section 8 of the present law [section 8 of former title 17]—that works produced for the U.S. Government by its officers and employees should not be subject to copyright. The provision applies the principle equally to unpublished and published works. The general prohibition against copyright in section 105 applies to “any work of the United States Government,” which is defined in section 101 as “a work prepared by an officer or employee of the United States Government as part of that persons official duties.” Under this definition a Government official or employee would not be prevented from securing copyright in a work written at that persons own volition and outside his or her duties, even though the subject matter involves the Government work or professional field of the official or employee. Although the wording of the definition of “work of the United States Government” differs somewhat from that of the definition of “work made for hire,” the concepts are intended to be construed in the same way. A more difficult and far-reaching problem is whether the definition should be broadened to prohibit copyright in works prepared under U.S. Government contract or grant. As the bill is written, the Government agency concerned could determine in each case whether to allow an independent contractor or grantee, to secure copyright in works prepared in whole or in part with the use of Government funds. The argument that has been made against allowing copyright in this situation is that the public should not be required to pay a “double subsidy,” and that it is inconsistent to prohibit copyright in works by Government employees while permitting private copyrights in a growing body of works created by persons who are paid with Government funds. Those arguing in favor of potential copyright protection have stressed the importance of copyright as an incentive to creation and dissemination in this situation, and the basically different policy considerations, applicable to works written by Government employees and those applicable to works prepared by private organizations with the use of Federal funds. The bill deliberately avoids making any sort of outright, unqualified prohibition against copyright in works prepared under Government contract or grant. There may well be cases where it would be in the public interest to deny copyright in the writings generated by Government research contracts and the like; it can be assumed that, where a Government agency commissions a work for its own use merely as an alternative to having one of its own employees prepare the work, the right to secure a private copyright would be withheld. However, there are almost certainly many other cases where the denial of copyright protection would be unfair or would hamper the production and publication of important works. Where, under the particular circumstances, Congress or the agency involved finds that the need to have a work freely available outweighs the need of the private author to secure copyright, the problem can be dealt with by specific legislation, agency regulations, or contractual restrictions. The prohibition on copyright protection for United States Government works is not intended to have any effect on protection of these works abroad. Works of the governments of most other countries are copyrighted. There are no valid policy reasons for denying such protection to United States Government works in foreign countries, or for precluding the Government from making licenses for the use of its works abroad. The effect of section 105 is intended to place all works of the United States Government, published or unpublished, in the public domain. This means that the individual Government official or employee who wrote the work could not secure copyright in it or restrain its dissemination by the Government or anyone else, but it also means that, as far as the copyright law is concerned, the Government could not restrain the employee or official from disseminating the work if he or she chooses to do so. The use of the term “work of the United States Government” does not mean that a work falling within the definition of that term is the property of the U.S. Government.
limited exception for national technical information serviceAt the House hearings in 1975 the U.S. Department of Commerce called attention to its National Technical Information Service (NTIS), which has a statutory mandate, under Chapter 23 [§ 1151 et seq.] of Title 15 of the U.S. Code, to operate a clearinghouse for the collection and dissemination of scientific, technical and engineering information. Under its statute, NTIS is required to be as self-sustaining as possible, and not to force the general public to bear publishing costs that are for private benefit. The Department urged an amendment to section 105 that would allow it to secure copyright in NTIS publications both in the United States and abroad, noting that a precedent exists in the Standard Reference Data Act (15 U.S.C. § 290(e) [§ 290e]). In response to this request the Committee adopted a limited exception to the general prohibition in section 105, permitting the Secretary of Commerce to “secure copyright for a limited term not to exceed five years, on behalf of the United States as author or copyright owner” in any NTIS publication disseminated pursuant to 15 U.S.C. Chapter 23 [§ 1151 et seq.]. In order to “secure copyright” in a work under this amendment the Secretary would be required to publish the work with a copyright notice, and the five-year term would begin upon the date of first publication. Proposed Saving Clause. Section 8 of the statute now in effect [section 8 of former title 17] includes a saving clause intended to make clear that the copyright protection of a private work is not affected if the work is published by the Government. This provision serves a real purpose in the present law because of the ambiguity of the undefined term “any publication of the United States Government.” Section 105 of the bill, however, uses the operative term “work of the United States Government” and defines it in such a way that privately written works are clearly excluded from the prohibition; accordingly, a saving clause becomes superfluous. Retention of a saving clause has been urged on the ground that the present statutory provision is frequently cited, and that having the provision expressly stated in the law would avoid questions and explanations. The committee here observes: (1) there is nothing in section 105 that would relieve the Government of its obligation to secure permission in order to publish a copyrighted work; and (2) publication or other use by the Government of a private work would not affect its copyright protection in any way. The question of use of copyrighted material in documents published by the Congress and its Committees is discussed below in connection with section 107. Works of the United States Postal Service. The intent of section 105 [this section] is to restrict the prohibition against Government copyright to works written by employees of the United States Government within the scope of their official duties. In accordance with the objectives of the Postal Reorganization Act of 1970 [Pub. L. 91375, which enacted title 39, Postal Service], this section does not apply to works created by employees of the United States Postal Service. In addition to enforcing the criminal statutes proscribing the forgery or counterfeiting of postage stamps, the Postal Service could, if it chooses, use the copyright law to prevent the reproduction of postage stamp designs for private or commercial non-postal services (for example, in philatelic publications and catalogs, in general advertising, in art reproductions, in textile designs, and so forth). However, any copyright claimed by the Postal Service in its works, including postage stamp designs, would be subject to the same conditions, formalities, and time limits as other copyrightable works.
Editorial Notes
Amendments2025—Subsec. (c)(1). Pub. L. 11960, § 1702(b)(1), substituted “subparagraphs (A) through (L) of subsection (d)(2) and subparagraph (M)” for “subparagraphs (A) through (K) of subsection (d)(2) and subparagraph (L)”. Subsec. (c)(2). Pub. L. 11960, § 1702(b)(2), substituted “subsection (d)(2)(M)” for “subsection (d)(2)(L)”. Subsec. (c)(3). Pub. L. 11960, § 1702(b)(3), substituted “subsection (d)(2)(N)” for “subsection (d)(2)(M)”. Subsec. (c)(4). Pub. L. 11960, § 1702(b)(4), substituted “subsection (d)(2)(O)” for “subsection (d)(2)(N)”. Subsec. (d)(2)(L) to (O). Pub. L. 11960, § 1702(a), added subpar. (L) and redesignated former subpars. (L) to (N) as (M) to (O), respectively. 2024—Pub. L. 118159 amended section generally. Prior to amendment, section related to copyright protection for United States Government works. 2022—Subsec. (b). Pub. L. 117263, § 3514(1), substituted “Certain Works” for “Certain of Works” in heading. Subsec. (c). Pub. L. 117263, § 6306(2), added subsec. (c) and struck out former subsec. (c). Text read as follows: “A covered Secretary may direct the covered author of a covered work to provide the Federal Government with an irrevocable, royalty-free, world-wide, nonexclusive license to reproduce, distribute, perform, or display such covered work for purposes of the United States Government.” Pub. L. 117263, § 3514(2), substituted “A covered Secretary” for “The Secretary of Defense”. Subsec. (d). Pub. L. 117263, §§ 3514(3), 6306(1), made identical amendments, redesignating subsec. (c) relating to definitions as (d). Subsec. (d)(2)(M). Pub. L. 117263, § 6306(3), added subpar. (M) relating to National Intelligence University. Pub. L. 117263, § 3514(4)(A), added subpar. (M) relating to United States Merchant Marine Academy. Subsec. (d)(3), (4). Pub. L. 117263, § 3514(4)(B), (C), added par. (3) and redesignated former par. (3) as (4). 2019—Pub. L. 11692 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b) and two subsecs. (c). Heading of subsec. (a) was conformed to the style used in this title.
Statutory Notes and Related Subsidiaries
Coordination With Other Amendments Made by Division F of Pub. L. 118159Pub. L. 118159, div. F, title LXIX, § 6902(f), Dec. 23, 2024, 138 Stat. 2519, provided that: “For purposes of applying amendments made by provisions of this division [div. F of Pub. L. 118159, see Tables for classification] other than this section, the amendments made by this section [amending this section and sections 3024, 3033, 3232a, 3234, 3244, 3304, and 3614 of Title 50, War and National Defense] shall be treated as having been enacted immediately before any such amendments by other provisions of this division.”
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# 17 U.S.C. § 106A - Rights of certain authors to attribution and integrity
## Text
(a) Rights of Attribution and Integrity.— Subject to section 107 and independent of the exclusive rights provided in section 106, the author of a work of visual art—
(1) shall have the right—
(A) to claim authorship of that work, and
(B) to prevent the use of his or her name as the author of any work of visual art which he or she did not create;
(2) shall have the right to prevent the use of his or her name as the author of the work of visual art in the event of a distortion, mutilation, or other modification of the work which would be prejudicial to his or her honor or reputation; and
(3) subject to the limitations set forth in section 113(d), shall have the right—
(A) to prevent any intentional distortion, mutilation, or other modification of that work which would be prejudicial to his or her honor or reputation, and any intentional distortion, mutilation, or modification of that work is a violation of that right, and
(B) to prevent any destruction of a work of recognized stature, and any intentional or grossly negligent destruction of that work is a violation of that right.
(b) Scope and Exercise of Rights.— Only the author of a work of visual art has the rights conferred by subsection (a) in that work, whether or not the author is the copyright owner. The authors of a joint work of visual art are coowners of the rights conferred by subsection (a) in that work.
(c) Exceptions.— (1) The modification of a work of visual art which is a result of the passage of time or the inherent nature of the materials is not a distortion, mutilation, or other modification described in subsection (a)(3)(A).
(2) The modification of a work of visual art which is the result of conservation, or of the public presentation, including lighting and placement, of the work is not a destruction, distortion, mutilation, or other modification described in subsection (a)(3) unless the modification is caused by gross negligence.
(3) The rights described in paragraphs (1) and (2) of subsection (a) shall not apply to any reproduction, depiction, portrayal, or other use of a work in, upon, or in any connection with any item described in subparagraph (A) or (B) of the definition of “work of visual art” in section 101, and any such reproduction, depiction, portrayal, or other use of a work is not a destruction, distortion, mutilation, or other modification described in paragraph (3) of subsection (a).
(d) Duration of Rights.— (1) With respect to works of visual art created on or after the effective date set forth in section 610(a) of the Visual Artists Rights Act of 1990, the rights conferred by subsection (a) shall endure for a term consisting of the life of the author.
(2) With respect to works of visual art created before the effective date set forth in section 610(a) of the Visual Artists Rights Act of 1990, but title to which has not, as of such effective date, been transferred from the author, the rights conferred by subsection (a) shall be coextensive with, and shall expire at the same time as, the rights conferred by section 106.
(3) In the case of a joint work prepared by two or more authors, the rights conferred by subsection (a) shall endure for a term consisting of the life of the last surviving author.
(4) All terms of the rights conferred by subsection (a) run to the end of the calendar year in which they would otherwise expire.
(e) Transfer and Waiver.— (1) The rights conferred by subsection (a) may not be transferred, but those rights may be waived if the author expressly agrees to such waiver in a written instrument signed by the author. Such instrument shall specifically identify the work, and uses of that work, to which the waiver applies, and the waiver shall apply only to the work and uses so identified. In the case of a joint work prepared by two or more authors, a waiver of rights under this paragraph made by one such author waives such rights for all such authors.
(2) Ownership of the rights conferred by subsection (a) with respect to a work of visual art is distinct from ownership of any copy of that work, or of a copyright or any exclusive right under a copyright in that work. Transfer of ownership of any copy of a work of visual art, or of a copyright or any exclusive right under a copyright, shall not constitute a waiver of the rights conferred by subsection (a). Except as may otherwise be agreed by the author in a written instrument signed by the author, a waiver of the rights conferred by subsection (a) with respect to a work of visual art shall not constitute a transfer of ownership of any copy of that work, or of ownership of a copyright or of any exclusive right under a copyright in that work.
(Added Pub. L. 101650, title VI, § 603(a), Dec. 1, 1990, 104 Stat. 5128.)
## Notes
Editorial Notes
References in TextSection 610(a) of the Visual Artists Rights Act of 1990 [Pub. L. 101650], referred to in subsec. (d), is set out as an Effective Date note below.
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 101650, title VI, § 610, Dec. 1, 1990, 104 Stat. 5132, provided that: “(a) In General.—Subject to subsection (b) and except as provided in subsection (c), this title [enacting this section, amending sections 101, 107, 113, 301, 411, 412, 501, and 506 of this title, and enacting provisions set out as notes under this section and section 101 of this title] and the amendments made by this title take effect 6 months after the date of the enactment of this Act [Dec. 1, 1990]. “(b) Applicability.—The rights created by section 106A of title 17, United States Code, shall apply to—“(1) works created before the effective date set forth in subsection (a) but title to which has not, as of such effective date, been transferred from the author, and “(2) works created on or after such effective date, but shall not apply to any destruction, distortion, mutilation, or other modification (as described in section 106A(a)(3) of such title) of any work which occurred before such effective date. “(c) Section 608.—Section 608 [set out below] takes effect on the date of the enactment of this Act.”
Studies by Copyright OfficePub. L. 101650, title VI, § 608, Dec. 1, 1990, 104 Stat. 5132, directed the Register of Copyrights to study the extent to which authorship rights have been waived by visual artists under this section and to submit a final report to Congress not later than 5 years after Dec. 1, 1990, and also directed the Register of Copyrights to study the feasibility of implementing a requirement that, after the first sale of a work of art, would enable authors of visual art to share monetarily in the resale and enhanced value of that work, with a report to Congress due not later than 18 months after Dec. 1, 1990.
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# 17 U.S.C. § 113 - Scope of exclusive rights in pictorial, graphic, and sculptural works
## Text
(a) Subject to the provisions of subsections (b) and (c) of this section, the exclusive right to reproduce a copyrighted pictorial, graphic, or sculptural work in copies under section 106 includes the right to reproduce the work in or on any kind of article, whether useful or otherwise.
(b) This title does not afford, to the owner of copyright in a work that portrays a useful article as such, any greater or lesser rights with respect to the making, distribution, or display of the useful article so portrayed than those afforded to such works under the law, whether title 17 or the common law or statutes of a State, in effect on December 31, 1977, as held applicable and construed by a court in an action brought under this title.
(c) In the case of a work lawfully reproduced in useful articles that have been offered for sale or other distribution to the public, copyright does not include any right to prevent the making, distribution, or display of pictures or photographs of such articles in connection with advertisements or commentaries related to the distribution or display of such articles, or in connection with news reports.
(d) (1) In a case in which—
(A) a work of visual art has been incorporated in or made part of a building in such a way that removing the work from the building will cause the destruction, distortion, mutilation, or other modification of the work as described in section 106A(a)(3), and
(B) the author consented to the installation of the work in the building either before the effective date set forth in section 610(a) of the Visual Artists Rights Act of 1990, or in a written instrument executed on or after such effective date that is signed by the owner of the building and the author and that specifies that installation of the work may subject the work to destruction, distortion, mutilation, or other modification, by reason of its removal,
then the rights conferred by paragraphs (2) and (3) of section 106A(a) shall not apply.
(2) If the owner of a building wishes to remove a work of visual art which is a part of such building and which can be removed from the building without the destruction, distortion, mutilation, or other modification of the work as described in section 106A(a)(3), the authors rights under paragraphs (2) and (3) of section 106A(a) shall apply unless—
(A) the owner has made a diligent, good faith attempt without success to notify the author of the owners intended action affecting the work of visual art, or
(B) the owner did provide such notice in writing and the person so notified failed, within 90 days after receiving such notice, either to remove the work or to pay for its removal.
For purposes of subparagraph (A), an owner shall be presumed to have made a diligent, good faith attempt to send notice if the owner sent such notice by registered mail to the author at the most recent address of the author that was recorded with the Register of Copyrights pursuant to paragraph (3). If the work is removed at the expense of the author, title to that copy of the work shall be deemed to be in the author.
(3) The Register of Copyrights shall establish a system of records whereby any author of a work of visual art that has been incorporated in or made part of a building, may record his or her identity and address with the Copyright Office. The Register shall also establish procedures under which any such author may update the information so recorded, and procedures under which owners of buildings may record with the Copyright Office evidence of their efforts to comply with this subsection.
(Pub. L. 94553, title I, § 101, Oct. 19, 1976, 90 Stat. 2560; Pub. L. 101650, title VI, § 604, Dec. 1, 1990, 104 Stat. 5130.)
## Notes
Historical and Revision Notes
house report no. 941476Section 113 deals with the extent of copyright protection in “works of applied art.” The section takes as its starting point the Supreme Courts decision in Mazer v. Stein, 347 U.S. 201 (1954) [74 S.Ct. 460, 98 L.Ed. 630, rehearing denied 74 S.Ct. 637, 347 U.S. 949, 98 L.Ed. 1096], and the first sentence of subsection (a) restates the basic principle established by that decision. The rule of Mazer, as affirmed by the bill, is that copyright in a pictorial, graphic, or sculptural work will not be affected if the work is employed as the design of a useful article, and will afford protection to the copyright owner against the unauthorized reproduction of his work in useful as well as nonuseful articles. The terms “pictorial, graphic, and sculptural works” and “useful article” are defined in section 101, and these definitions are discussed above in connection with section 102. The broad language of section 106(1) and of subsection (a) of section 113 raises questions as to the extent of copyright protection for a pictorial, graphic, or sculptural work that portrays, depicts, or represents an image of a useful article in such a way that the utilitarian nature of the article can be seen. To take the example usually cited, would copyright in a drawing or model of an automobile give the artist the exclusive right to make automobiles of the same design? The 1961 Report of the Register of Copyrights stated, on the basis of judicial precedent, that “copyright in a pictorial, graphic, or sculptural work, portraying a useful article as such, does not extend to the manufacture of the useful article itself,” and recommended specifically that “the distinctions drawn in this area by existing court decisions” not be altered by the statute. The Registers Supplementary Report, at page 48, cited a number of these decisions, and explained the insuperable difficulty of finding “any statutory formulation that would express the distinction satisfactorily.” Section 113(b) reflects the Registers conclusion that “the real need is to make clear that there is no intention to change the present law with respect to the scope of protection in a work portraying a useful article as such.” Section 113(c) provides that it would not be an infringement of copyright, where a copyright work has been lawfully published as the design of useful articles, to make, distribute or display pictures of the articles in advertising, in feature stories about the articles, or in the news reports. In conformity with its deletion from the bill of Title II, relating to the protection of ornamental designs of useful articles, the Committee has deleted subsections (b), (c), and (d) of section 113 of S. 22 as adopted by the Senate, since they are no longer relevant.
Editorial Notes
References in TextSection 610(a) of the Visual Artists Rights Act of 1990 [Pub. L. 101650], referred to in subsec. (d)(1)(B), is set out as an Effective Date note under section 106A of this title.
Amendments1990—Subsec. (d). Pub. L. 101650 added subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 1990 AmendmentAmendment by Pub. L. 101650 effective 6 months after Dec. 1, 1990, see section 610 of Pub. L. 101650, set out as an Effective Date note under section 106A of this title.
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# 17 U.S.C. § 116 - Negotiated licenses for public performances by means of coin-operated phonorecord players
## Text
(a) Applicability of Section.— This section applies to any nondramatic musical work embodied in a phonorecord.
(b) Negotiated Licenses.— (1) Authority for negotiations.— Any owners of copyright in works to which this section applies and any operators of coin-operated phonorecord players may negotiate and agree upon the terms and rates of royalty payments for the performance of such works and the proportionate division of fees paid among copyright owners, and may designate common agents to negotiate, agree to, pay, or receive such royalty payments.
(2) Chapter 8 proceeding.— Parties not subject to such a negotiation may have the terms and rates and the division of fees described in paragraph (1) determined in a proceeding in accordance with the provisions of chapter 8.
(c) License Agreements Superior to Determinations by Copyright Royalty Judges.— License agreements between one or more copyright owners and one or more operators of coin-operated phonorecord players, which are negotiated in accordance with subsection (b), shall be given effect in lieu of any otherwise applicable determination by the Copyright Royalty Judges.
(d) Definitions.— As used in this section, the following terms mean the following:
(1) A “coin-operated phonorecord player” is a machine or device that—
(A) is employed solely for the performance of nondramatic musical works by means of phonorecords upon being activated by the insertion of coins, currency, tokens, or other monetary units or their equivalent;
(B) is located in an establishment making no direct or indirect charge for admission;
(C) is accompanied by a list which is comprised of the titles of all the musical works available for performance on it, and is affixed to the phonorecord player or posted in the establishment in a prominent position where it can be readily examined by the public; and
(D) affords a choice of works available for performance and permits the choice to be made by the patrons of the establishment in which it is located.
(2) An “operator” is any person who, alone or jointly with others—
(A) owns a coin-operated phonorecord player;
(B) has the power to make a coin-operated phonorecord player available for placement in an establishment for purposes of public performance; or
(C) has the power to exercise primary control over the selection of the musical works made available for public performance on a coin-operated phonorecord player.
(Added Pub. L. 100568, § 4(a)(4), Oct. 31, 1988, 102 Stat. 2855, § 116A; renumbered § 116 and amended Pub. L. 103198, § 3(b)(1), Dec. 17, 1993, 107 Stat. 2309; Pub. L. 10580, § 5, Nov. 13, 1997, 111 Stat. 1531; Pub. L. 108419, § 5(e), Nov. 30, 2004, 118 Stat. 2365.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 116, Pub. L. 94553, title I, § 101, Oct. 19, 1976, 90 Stat. 2562; Pub. L. 100568, § 4(b)(1), Oct. 31, 1988, 102 Stat. 2857, related to scope of exclusive rights in nondramatic musical works and compulsory licenses for public performances by means of coin-operated phonorecord players, prior to repeal by Pub. L. 103198, § 3(a), Dec. 17, 1993, 107 Stat. 2309.
Amendments2004—Subsec. (b)(2). Pub. L. 108419, § 5(e)(1), amended heading and text of par. (2) generally. Prior to amendment, text read as follows: “Parties not subject to such a negotiation may determine, by arbitration in accordance with the provisions of chapter 8, the terms and rates and the division of fees described in paragraph (1).” Subsec. (c). Pub. L. 108419, § 5(e)(2), substituted “Determinations by Copyright Royalty Judges” for “Copyright Arbitration Royalty Panel Determinations” in heading and “the Copyright Royalty Judges” for “a copyright arbitration royalty panel” in text. 1997—Subsec. (b)(2). Pub. L. 10580, § 5(1), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “(2) Arbitration.—Parties to such a negotiation, within such time as may be specified by the Librarian of Congress by regulation, may determine the result of the negotiation by arbitration. Such arbitration shall be governed by the provisions of title 9, to the extent such title is not inconsistent with this section. The parties shall give notice to the Librarian of Congress of any determination reached by arbitration and any such determination shall, as between the parties to the arbitration, be dispositive of the issues to which it relates.” Subsec. (d). Pub. L. 10580, § 5(2), added subsec. (d). 1993—Pub. L. 103198, § 3(b)(1)(A), renumbered section 116A of this title as this section. Subsec. (b). Pub. L. 103198, § 3(b)(1)(B), (C), redesignated subsec. (c) as (b), substituted “Librarian of Congress” for “Copyright Royalty Tribunal” in two places in par. (2), and struck out former subsec. (b) which related to limitation on exclusive right if licenses not negotiated. Subsec. (c). Pub. L. 103198, § 3(b)(1)(B), (D), redesignated subsec. (d) as (c), in heading substituted “Arbitration Royalty Panel” for “Royalty Tribunal”, and in text substituted “subsection (b)” for “subsection (c)” and “a copyright arbitration royalty panel” for “the Copyright Royalty Tribunal”. Subsecs. (d) to (g). Pub. L. 103198, § 3(b)(1)(B), (E), redesignated subsec. (d) as (c) and struck out subsecs. (e) to (g) which provided, in subsec. (e), for a schedule for negotiation of licenses, in subsec. (f), for a suspension of various ratemaking activities by the Copyright Royalty Tribunal, and in subsec. (g), for transition provisions and retention of Copyright Royalty Tribunal jurisdiction.
Statutory Notes and Related Subsidiaries
Effective Date of 2004 AmendmentAmendment by Pub. L. 108419 effective 6 months after Nov. 30, 2004, subject to transition provisions, see section 6 of Pub. L. 108419, set out as an Effective Date; Transition Provisions note under section 801 of this title.
Effective DateSection effective Mar. 1, 1989, with any cause of action arising under this title before such date being governed by provisions as in effect when cause of action arose, see section 13 of Pub. L. 100568, set out as an Effective Date of 1988 Amendment note under section 101 of this title.
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# 17 U.S.C. § 116A - Renumbered § 116]
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# 17 U.S.C. § 117 - Limitations on exclusive rights: Computer programs
## Text
(a) Making of Additional Copy or Adaptation by Owner of Copy.— Notwithstanding the provisions of section 106, it is not an infringement for the owner of a copy of a computer program to make or authorize the making of another copy or adaptation of that computer program provided:
(1) that such a new copy or adaptation is created as an essential step in the utilization of the computer program in conjunction with a machine and that it is used in no other manner, or
(2) that such new copy or adaptation is for archival purposes only and that all archival copies are destroyed in the event that continued possession of the computer program should cease to be rightful.
(b) Lease, Sale, or Other Transfer of Additional Copy or Adaptation.— Any exact copies prepared in accordance with the provisions of this section may be leased, sold, or otherwise transferred, along with the copy from which such copies were prepared, only as part of the lease, sale, or other transfer of all rights in the program. Adaptations so prepared may be transferred only with the authorization of the copyright owner.
(c) Machine Maintenance or Repair.— Notwithstanding the provisions of section 106, it is not an infringement for the owner or lessee of a machine to make or authorize the making of a copy of a computer program if such copy is made solely by virtue of the activation of a machine that lawfully contains an authorized copy of the computer program, for purposes only of maintenance or repair of that machine, if—
(1) such new copy is used in no other manner and is destroyed immediately after the maintenance or repair is completed; and
(2) with respect to any computer program or part thereof that is not necessary for that machine to be activated, such program or part thereof is not accessed or used other than to make such new copy by virtue of the activation of the machine.
(d) Definitions.— For purposes of this section—
(1) the “maintenance” of a machine is the servicing of the machine in order to make it work in accordance with its original specifications and any changes to those specifications authorized for that machine; and
(2) the “repair” of a machine is the restoring of the machine to the state of working in accordance with its original specifications and any changes to those specifications authorized for that machine.
(Pub. L. 94553, title I, § 101, Oct. 19, 1976, 90 Stat. 2565; Pub. L. 96517, § 10(b), Dec. 12, 1980, 94 Stat. 3028; Pub. L. 105304, title III, § 302, Oct. 28, 1998, 112 Stat. 2887.)
## Notes
Historical and Revision Notes
house report no. 941476As the program for general revision of the copyright law has evolved, it has become increasingly apparent that in one major area the problems are not sufficiently developed for a definitive legislative solution. This is the area of computer uses of copyrighted works: the use of a work “in conjunction with automatic systems capable of storing, processing, retrieving, or transferring information.” The Commission on New Technological Uses is, among other things, now engaged in making a thorough study of the emerging patterns in this field and it will, on the basis of its findings, recommend definitive copyright provisions to deal with the situation. Since it would be premature to change existing law on computer uses at present, the purpose of section 117 is to preserve the status quo. It is intended neither to cut off any rights that may now exist, nor to create new rights that might be denied under the Act of 1909 or under common law principles currently applicable. The provision deals only with the exclusive rights of a copyright owner with respect to computer uses, that is, the bundle of rights specified for other types of uses in section 106 and qualified in sections 107 through 116 and 118. With respect to the copyright-ability of computer programs, the ownership of copyrights in them, the term of protection, and the formal requirements of the remainder of the bill, the new statute would apply. Under section 117, an action for infringement of a copyrighted work by means of a computer would necessarily be a federal action brought under the new title 17. The court, in deciding the scope of exclusive rights in the computer area, would first need to determine the applicable law, whether State statutory or common law or the Act of 1909. Having determined what law was applicable, its decision would depend upon its interpretation of what that law was on the point on the day before the effective date of the new statute.
Editorial Notes
Amendments1998—Pub. L. 105304 designated existing provisions as subsecs. (a) and (b), inserted headings, and added subsecs. (c) and (d). 1980—Pub. L. 96517 substituted provision respecting limitations on exclusive rights in connection with computer programs for prior provision enunciating scope of exclusive rights and use of the work in conjunction with computers and similar information systems and declaring owner of copyright in a work without any greater or lesser rights with respect to the use of the work in conjunction with automatic systems capable of storing, processing, retrieving, or transferring information, or in conjunction with any similar device, machine, or process, than those afforded to works under the law, whether this title or the common law or statutes of a State, in effect on Dec. 31, 1977, as held applicable and construed by the court in an action brought under this title.
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# 17 U.S.C. § 120 - Scope of exclusive rights in architectural works
## Text
(a) Pictorial Representations Permitted.— The copyright in an architectural work that has been constructed does not include the right to prevent the making, distributing, or public display of pictures, paintings, photographs, or other pictorial representations of the work, if the building in which the work is embodied is located in or ordinarily visible from a public place.
(b) Alterations to and Destruction of Buildings.— Notwithstanding the provisions of section 106(2), the owners of a building embodying an architectural work may, without the consent of the author or copyright owner of the architectural work, make or authorize the making of alterations to such building, and destroy or authorize the destruction of such building.
(Added Pub. L. 101650, title VII, § 704(a), Dec. 1, 1990, 104 Stat. 5133.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection applicable to any architectural work created on or after Dec. 1, 1990, and any architectural work, that, on Dec. 1, 1990, is unconstructed and embodied in unpublished plans or drawings, except that protection for such architectural work under this title terminates on Dec. 31, 2002, unless the work is constructed by that date, see section 706 of Pub. L. 101650, set out as an Effective Date of 1990 Amendment note under section 101 of this title.
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# 17 U.S.C. § 121 - Limitations on exclusive rights: Reproduction for blind or other people with disabilities
## Text
(a) Notwithstanding the provisions of section 106, it is not an infringement of copyright for an authorized entity to reproduce or to distribute in the United States copies or phonorecords of a previously published literary work or of a previously published musical work that has been fixed in the form of text or notation if such copies or phonorecords are reproduced or distributed in accessible formats exclusively for use by eligible persons.
(b) (1) Copies or phonorecords to which this section applies shall—
(A) not be reproduced or distributed in the United States in a format other than an accessible format exclusively for use by eligible persons;
(B) bear a notice that any further reproduction or distribution in a format other than an accessible format is an infringement; and
(C) include a copyright notice identifying the copyright owner and the date of the original publication.
(2) The provisions of this subsection shall not apply to standardized, secure, or norm-referenced tests and related testing material, or to computer programs, except the portions thereof that are in conventional human language (including descriptions of pictorial works) and displayed to users in the ordinary course of using the computer programs.
(c) Notwithstanding the provisions of section 106, it is not an infringement of copyright for a publisher of print instructional materials for use in elementary or secondary schools to create and distribute to the National Instructional Materials Access Center copies of the electronic files described in sections 612(a)(23)(C), 613(a)(6), and section 674(e) of the Individuals with Disabilities Education Act that contain the contents of print instructional materials using the National Instructional Material Accessibility Standard (as defined in section 674(e)(3) of that Act), if—
(1) the inclusion of the contents of such print instructional materials is required by any State educational agency or local educational agency;
(2) the publisher had the right to publish such print instructional materials in print formats; and
(3) such copies are used solely for reproduction or distribution of the contents of such print instructional materials in accessible formats.
(d) For purposes of this section, the term—
(1) “accessible format” means an alternative manner or form that gives an eligible person access to the work when the copy or phonorecord in the accessible format is used exclusively by the eligible person to permit him or her to have access as feasibly and comfortably as a person without such disability as described in paragraph (3);
(2) “authorized entity” means a nonprofit organization or a governmental agency that has a primary mission to provide specialized services relating to training, education, or adaptive reading or information access needs of blind or other persons with disabilities;
(3) “eligible person” means an individual who, regardless of any other disability—
(A) is blind;
(B) has a visual impairment or perceptual or reading disability that cannot be improved to give visual function substantially equivalent to that of a person who has no such impairment or disability and so is unable to read printed works to substantially the same degree as a person without an impairment or disability; or
(C) is otherwise unable, through physical disability, to hold or manipulate a book or to focus or move the eyes to the extent that would be normally acceptable for reading; and
(4) “print instructional materials” has the meaning given under section 674(e)(3)(C) of the Individuals with Disabilities Education Act.
(Added Pub. L. 104197, title III, § 316(a), Sept. 16, 1996, 110 Stat. 2416; amended Pub. L. 106379, § 3(b), Oct. 27, 2000, 114 Stat. 1445; Pub. L. 107273, div. C, title III, § 13210(3)(A), Nov. 2, 2002, 116 Stat. 1909; Pub. L. 108446, title III, § 306, Dec. 3, 2004, 118 Stat. 2807; Pub. L. 115261, § 2(a)(1), Oct. 9, 2018, 132 Stat. 3667.)
## Notes
Editorial Notes
References in TextSections 612, 613, and 674 of the Individuals with Disabilities Education Act, referred to in subsecs. (c) and (d)(4), are classified to sections 1412, 1413, and 1474, respectively, of Title 20, Education.
Amendments2018—Subsec. (a). Pub. L. 115261, § 2(a)(1)(A), inserted “in the United States” after “distribute” and “or of a previously published musical work that has been fixed in the form of text or notation” after “literary work”, struck out “, nondramatic” after “previously published”, and substituted “accessible formats” for “specialized formats” and “eligible persons” for “blind or other persons with disabilities”. Subsec. (b)(1)(A). Pub. L. 115261, § 2(a)(1)(B)(i), inserted “in the United States” after “distributed” and substituted “an accessible format” for “a specialized format” and “eligible persons” for “blind or other persons with disabilities”. Subsec. (b)(1)(B). Pub. L. 115261, § 2(a)(1)(B)(ii), substituted “an accessible format” for “a specialized format”. Subsec. (c)(3). Pub. L. 115261, § 2(a)(1)(C), substituted “accessible formats” for “specialized formats”. Subsec. (d). Pub. L. 115261, § 2(a)(1)(D), added pars. (1) and (3), redesignated former pars. (1) and (3) as (2) and (4), respectively, substituted a period for “; and” at end of par. (4), and struck out former pars. (2) and (4) which defined “blind or other persons with disabilities” and “specialized formats”, respectively. 2004—Subsec. (c). Pub. L. 108446, § 306(2), added subsec. (c). Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 108446, § 306(1), redesignated subsec. (c) as (d). Subsec. (d)(3), (4). Pub. L. 108446, § 306(3), added pars. (3) and (4) and struck out former par. (3) which read as follows: “ specialized formats means braille, audio, or digital text which is exclusively for use by blind or other persons with disabilities.” 2002—Pub. L. 107273 substituted “Reproduction” for “reproduction” in section catchline. 2000—Subsec. (a). Pub. L. 106379 substituted “section 106” for “sections 106 and 710”.
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# 17 U.S.C. § 121A - Limitations on exclusive rights: reproduction for blind or other people with disabilities in Marrakesh Treaty countries
## Text
(a) Notwithstanding the provisions of sections 106 and 602, it is not an infringement of copyright for an authorized entity, acting pursuant to this section, to export copies or phonorecords of a previously published literary work or of a previously published musical work that has been fixed in the form of text or notation in accessible formats to another country when the exportation is made either to—
(1) an authorized entity located in a country that is a Party to the Marrakesh Treaty; or
(2) an eligible person in a country that is a Party to the Marrakesh Treaty,
if prior to the exportation of such copies or phonorecords, the authorized entity engaged in the exportation did not know or have reasonable grounds to know that the copies or phonorecords would be used other than by eligible persons.
(b) Notwithstanding the provisions of sections 106 and 602, it is not an infringement of copyright for an authorized entity or an eligible person, or someone acting on behalf of an eligible person, acting pursuant to this section, to import copies or phonorecords of a previously published literary work or of a previously published musical work that has been fixed in the form of text or notation in accessible formats.
(c) In conducting activities under subsection (a) or (b), an authorized entity shall establish and follow its own practices, in keeping with its particular circumstances, to—
(1) establish that the persons the authorized entity serves are eligible persons;
(2) limit to eligible persons and authorized entities the distribution of accessible format copies by the authorized entity;
(3) discourage the reproduction and distribution of unauthorized copies;
(4) maintain due care in, and records of, the handling of copies of works by the authorized entity, while respecting the privacy of eligible persons on an equal basis with others; and
(5) facilitate effective cross-border exchange of accessible format copies by making publicly available—
(A) the titles of works for which the authorized entity has accessible format copies or phonorecords and the specific accessible formats in which they are available; and
(B) information on the policies, practices, and authorized entity partners of the authorized entity for the cross-border exchange of accessible format copies.
(d) Nothing in this section shall be construed to establish—
(1) a cause of action under this title; or
(2) a basis for regulation by any Federal agency.
(e) Nothing in this section shall be construed to limit the ability to engage in any activity otherwise permitted under this title.
(f) For purposes of this section—
(1) the terms “accessible format”, “authorized entity”, and “eligible person” have the meanings given those terms in section 121; and
(2) the term “Marrakesh Treaty” means the Marrakesh Treaty to Facilitate Access to Published Works by Visually Impaired Persons and Persons with Print Disabilities concluded at Marrakesh, Morocco, on June 28, 2013.
(Added Pub. L. 115261, § 2(a)(2), Oct. 9, 2018, 132 Stat. 3668.)
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# 17 U.S.C. § 122 - Limitations on exclusive rights: Secondary transmissions of local television programming by satellite
## Text
(a) Secondary Transmissions Into Local Markets.— (1) Secondary transmissions of television broadcast stations within a local market.— A secondary transmission of a performance or display of a work embodied in a primary transmission of a television broadcast station into the stations local market shall be subject to statutory licensing under this section if—
(A) the secondary transmission is made by a satellite carrier to the public;
(B) with regard to secondary transmissions, the satellite carrier is in compliance with the rules, regulations, or authorizations of the Federal Communications Commission governing the carriage of television broadcast station signals; and
(C) the satellite carrier makes a direct or indirect charge for the secondary transmission to—
(i) each subscriber receiving the secondary transmission; or
(ii) a distributor that has contracted with the satellite carrier for direct or indirect delivery of the secondary transmission to the public.
(2) Significantly viewed stations.— (A) In general.— A secondary transmission of a performance or display of a work embodied in a primary transmission of a television broadcast station to subscribers who receive secondary transmissions of primary transmissions under paragraph (1) shall be subject to statutory licensing under this paragraph if the secondary transmission is of the primary transmission of a network station or a non-network station to a subscriber who resides outside the stations local market but within a community in which the signal has been determined by the Federal Communications Commission to be significantly viewed in such community, pursuant to the rules, regulations, and authorizations of the Federal Communications Commission in effect on April 15, 1976, applicable to determining with respect to a cable system whether signals are significantly viewed in a community.
(B) Waiver.— A subscriber who is denied the secondary transmission of the primary transmission of a network station or a non-network station under subparagraph (A) may request a waiver from such denial by submitting a request, through the subscribers satellite carrier, to the network station or non-network station in the local market affiliated with the same network or non-network where the subscriber is located. The network station or non-network station shall accept or reject the subscribers request for a waiver within 30 days after receipt of the request. If the network station or non-network station fails to accept or reject the subscribers request for a waiver within that 30-day period, that network station or non-network station shall be deemed to agree to the waiver request.
(3) Secondary transmission of low power programming.— (A) In general.— Subject to subparagraphs (B) and (C), a secondary transmission of a performance or display of a work embodied in a primary transmission of a television broadcast station to subscribers who receive secondary transmissions of primary transmissions under paragraph (1) shall be subject to statutory licensing under this paragraph if the secondary transmission is of the primary transmission of a television broadcast station that is licensed as a low power television station, to a subscriber who resides within the same designated market area as the station that originates the transmission.
(B) No applicability to repeaters and translators.— Secondary transmissions provided for in subparagraph (A) shall not apply to any low power television station that retransmits the programs and signals of another television station for more than 2 hours each day.
(C) No impact on other secondary transmissions obligations.— A satellite carrier that makes secondary transmissions of a primary transmission of a low power television station under a statutory license provided under this section is not required, by reason of such secondary transmissions, to make any other secondary transmissions.
(4) Special exceptions.— A secondary transmission of a performance or display of a work embodied in a primary transmission of a television broadcast station to subscribers who receive secondary transmissions of primary transmissions under paragraph (1) shall, if the secondary transmission is made by a satellite carrier that complies with the requirements of paragraph (1), be subject to statutory licensing under this paragraph as follows:
(A) States with single full-power network station.— In a State in which there is licensed by the Federal Communications Commission a single full-power station that was a network station on January 1, 1995, the statutory license provided for in this paragraph shall apply to the secondary transmission by a satellite carrier of the primary transmission of that station to any subscriber in a community that is located within that State and that is not within the first 50 television markets as listed in the regulations of the Commission as in effect on such date (47 C.F.R. 76.51).
(B) States with all network stations and non-network stations in same local market.— In a State in which all network stations and non-network stations licensed by the Federal Communications Commission within that State as of January 1, 1995, are assigned to the same local market and that local market does not encompass all counties of that State, the statutory license provided under this paragraph shall apply to the secondary transmission by a satellite carrier of the primary transmissions of such station to all subscribers in the State who reside in a local market that is within the first 50 major television markets as listed in the regulations of the Commission as in effect on such date (section 76.51 of title 47, Code of Federal Regulations).
(C) Additional stations.— In the case of that State in which are located 4 counties that—
(i) on January 1, 2004, were in local markets principally comprised of counties in another State, and
(ii) had a combined total of 41,340 television households, according to the U.S. Television Household Estimates by Nielsen Media Research for 2004,
the statutory license provided under this paragraph shall apply to secondary transmissions by a satellite carrier to subscribers in any such county of the primary transmissions of any network station located in that State, if the satellite carrier was making such secondary transmissions to any subscribers in that county on January 1, 2004.
(D) Certain additional stations.— If 2 adjacent counties in a single State are in a local market comprised principally of counties located in another State, the statutory license provided for in this paragraph shall apply to the secondary transmission by a satellite carrier to subscribers in those 2 counties of the primary transmissions of any network station located in the capital of the State in which such 2 counties are located, if—
(i) the 2 counties are located in a local market that is in the top 100 markets for the year 2003 according to Nielsen Media Research; and
(ii) the total number of television households in the 2 counties combined did not exceed 10,000 for the year 2003 according to Nielsen Media Research.
(E) Networks of noncommercial educational broadcast stations.— In the case of a system of three or more noncommercial educational broadcast stations licensed to a single State, public agency, or political, educational, or special purpose subdivision of a State, the statutory license provided for in this paragraph shall apply to the secondary transmission of the primary transmission of such system to any subscriber in any county or county equivalent within such State, if such subscriber is located in a designated market area that is not otherwise eligible to receive the secondary transmission of the primary transmission of a noncommercial educational broadcast station located within the State pursuant to paragraph (1).
(5) Applicability of royalty rates and procedures.— The royalty rates and procedures under section 119(b) shall apply to the secondary transmissions to which the statutory license under paragraph (4) applies.
(b) Reporting Requirements.— (1) Initial lists.— A satellite carrier that makes secondary transmissions of a primary transmission made by a network station under subsection (a) shall, within 90 days after commencing such secondary transmissions, submit to the network that owns or is affiliated with the network station—
(A) a list identifying (by name in alphabetical order and street address, including county and 9-digit zip code) all subscribers to which the satellite carrier makes secondary transmissions of that primary transmission under subsection (a); and
(B) a separate list, aggregated by designated market area (by name and address, including street or rural route number, city, State, and 9-digit zip code), which shall indicate those subscribers being served pursuant to paragraph (2) of subsection (a).
(2) Subsequent lists.— After the list is submitted under paragraph (1), the satellite carrier shall, on the 15th of each month, submit to the network—
(A) a list identifying (by name in alphabetical order and street address, including county and 9-digit zip code) any subscribers who have been added or dropped as subscribers since the last submission under this subsection; and
(B) a separate list, aggregated by designated market area (by name and street address, including street or rural route number, city, State, and 9-digit zip code), identifying those subscribers whose service pursuant to paragraph (2) of subsection (a) has been added or dropped since the last submission under this subsection.
(3) Use of subscriber information.— Subscriber information submitted by a satellite carrier under this subsection may be used only for the purposes of monitoring compliance by the satellite carrier with this section.
(4) Requirements of networks.— The submission requirements of this subsection shall apply to a satellite carrier only if the network to which the submissions are to be made places on file with the Register of Copyrights a document identifying the name and address of the person to whom such submissions are to be made. The Register of Copyrights shall maintain for public inspection a file of all such documents.
(c) No Royalty Fee Required for Certain Secondary Transmissions.— A satellite carrier whose secondary transmissions are subject to statutory licensing under paragraphs (1), (2), and (3) of subsection (a) shall have no royalty obligation for such secondary transmissions.
(d) Noncompliance With Reporting and Regulatory Requirements.— Notwithstanding subsection (a), the willful or repeated secondary transmission to the public by a satellite carrier into the local market of a television broadcast station of a primary transmission embodying a performance or display of a work made by that television broadcast station is actionable as an act of infringement under section 501, and is fully subject to the remedies provided under sections 502 through 506, if the satellite carrier has not complied with the reporting requirements of subsection (b) or with the rules, regulations, and authorizations of the Federal Communications Commission concerning the carriage of television broadcast signals.
(e) Willful Alterations.— Notwithstanding subsection (a), the secondary transmission to the public by a satellite carrier into the local market of a television broadcast station of a performance or display of a work embodied in a primary transmission made by that television broadcast station is actionable as an act of infringement under section 501, and is fully subject to the remedies provided by sections 502 through 506 and section 510, if the content of the particular program in which the performance or display is embodied, or any commercial advertising or station announcement transmitted by the primary transmitter during, or immediately before or after, the transmission of such program, is in any way willfully altered by the satellite carrier through changes, deletions, or additions, or is combined with programming from any other broadcast signal.
(f) Violation of Territorial Restrictions on Statutory License for Television Broadcast Stations.— (1) Individual violations.— The willful or repeated secondary transmission to the public by a satellite carrier of a primary transmission embodying a performance or display of a work made by a television broadcast station to a subscriber who does not reside in that stations local market, and is not subject to statutory licensing under section 119, subject to statutory licensing by reason of paragraph (2)(A), (3), or (4) of subsection (a), or subject to a private licensing agreement, is actionable as an act of infringement under section 501 and is fully subject to the remedies provided by sections 502 through 506, except that—
(A) no damages shall be awarded for such act of infringement if the satellite carrier took corrective action by promptly withdrawing service from the ineligible subscriber; and
(B) any statutory damages shall not exceed $250 for such subscriber for each month during which the violation occurred.
(2) Pattern of violations.— If a satellite carrier engages in a willful or repeated pattern or practice of secondarily transmitting to the public a primary transmission embodying a performance or display of a work made by a television broadcast station to subscribers who do not reside in that stations local market, and are not subject to statutory licensing under section 119, subject to statutory licensing by reason of paragraph (2)(A), (3), or (4) of subsection (a), or subject to a private licensing agreement, then in addition to the remedies under paragraph (1)—
(A) if the pattern or practice has been carried out on a substantially nationwide basis, the court—
(i) shall order a permanent injunction barring the secondary transmission by the satellite carrier of the primary transmissions of that television broadcast station (and if such television broadcast station is a network station, all other television broadcast stations affiliated with such network); and
(ii) may order statutory damages not exceeding $2,500,000 for each 6-month period during which the pattern or practice was carried out; and
(B) if the pattern or practice has been carried out on a local or regional basis with respect to more than one television broadcast station, the court—
(i) shall order a permanent injunction barring the secondary transmission in that locality or region by the satellite carrier of the primary transmissions of any television broadcast station; and
(ii) may order statutory damages not exceeding $2,500,000 for each 6-month period during which the pattern or practice was carried out.
(g) Burden of Proof.— In any action brought under subsection (f), the satellite carrier shall have the burden of proving that its secondary transmission of a primary transmission by a television broadcast station is made only to subscribers located within that stations local market or subscribers being served in compliance with section 119, paragraph (2)(A), (3), or (4) of subsection (a), or a private licensing agreement.
(h) Geographic Limitations on Secondary Transmissions.— The statutory license created by this section shall apply to secondary transmissions to locations in the United States.
(i) Exclusivity With Respect to Secondary Transmissions of Broadcast Stations by Satellite to Members of the Public.— No provision of section 111 or any other law (other than this section and section 119) shall be construed to contain any authorization, exemption, or license through which secondary transmissions by satellite carriers of programming contained in a primary transmission made by a television broadcast station may be made without obtaining the consent of the copyright owner.
(j) Definitions.— In this section—
(1) Distributor.— The term “distributor” means an entity that contracts to distribute secondary transmissions from a satellite carrier and, either as a single channel or in a package with other programming, provides the secondary transmission either directly to individual subscribers or indirectly through other program distribution entities.
(2) Local market.— (A) In general.— The term “local market”, in the case of both commercial and noncommercial television broadcast stations, means the designated market area in which a station is located, and—
(i) in the case of a commercial television broadcast station, all commercial television broadcast stations licensed to a community within the same designated market area are within the same local market; and
(ii) in the case of a noncommercial educational television broadcast station, the market includes any station that is licensed to a community within the same designated market area as the noncommercial educational television broadcast station.
(B) County of license.— In addition to the area described in subparagraph (A), a stations local market includes the county in which the stations community of license is located.
(C) Designated market area.— For purposes of subparagraph (A), the term “designated market area” means a designated market area, as determined by Nielsen Media Research and published in the 19992000 Nielsen Station Index Directory and Nielsen Station Index United States Television Household Estimates or any successor publication.
(D) Certain areas outside of any designated market area.— Any census area, borough, or other area in the State of Alaska that is outside of a designated market area, as determined by Nielsen Media Research, shall be deemed to be part of one of the local markets in the State of Alaska. A satellite carrier may determine which local market in the State of Alaska will be deemed to be the relevant local market in connection with each subscriber in such census area, borough, or other area.
(E) Market determinations.— The local market of a commercial television broadcast station may be modified by the Federal Communications Commission in accordance with section 338(l) of the Communications Act of 1934 (47 U.S.C. 338).
(3) Low power television station.— The term “low power television station” means a low power TV station as defined in section 74.701(f) of title 47, Code of Federal Regulations, as in effect on June 1, 2004. For purposes of this paragraph, the term “low power television station” includes a low power television station that has been accorded primary status as a Class A television licensee under section 73.6001(a) of title 47, Code of Federal Regulations.
(4) Network station; non-network station; satellite carrier; secondary transmission.— The terms “network station”, “non-network station”, “satellite carrier”, and “secondary transmission” have the meanings given such terms under section 119(d).
(5) Noncommercial educational broadcast station.— The term “noncommercial educational broadcast station” means a television broadcast station that is a noncommercial educational broadcast station as defined in section 397 of the Communications Act of 1934, as in effect on the date of the enactment of the Satellite Television Extension and Localism Act of 2010.
(6) Subscriber.— The term “subscriber” means a person or entity that receives a secondary transmission service from a satellite carrier and pays a fee for the service, directly or indirectly, to the satellite carrier or to a distributor.
(7) Television broadcast station.— The term “television broadcast station”—
(A) means an over-the-air, commercial or noncommercial television broadcast station licensed by the Federal Communications Commission under subpart E of part 73 of title 47, Code of Federal Regulations, except that such term does not include a low-power or translator television station; and
(B) includes a television broadcast station licensed by an appropriate governmental authority of Canada or Mexico if the station broadcasts primarily in the English language and is a network station as defined in section 119(d)(2)(A).
(Added Pub. L. 106113, div. B, § 1000(a)(9) [title I, § 1002(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A523; amended Pub. L. 107273, div. C, title III, § 13210(2)(A), Nov. 2, 2002, 116 Stat. 1909; Pub. L. 108447, div. J, title IX [title I, § 111(b)], Dec. 8, 2004, 118 Stat. 3409; Pub. L. 110403, title II, § 209(a)(5), Oct. 13, 2008, 122 Stat. 4264; Pub. L. 111175, title I, § 103(a)(1), (b)(f), May 27, 2010, 124 Stat. 12271230; Pub. L. 113200, title II, § 204, Dec. 4, 2014, 128 Stat. 2067.)
## Notes
Editorial Notes
References in TextSection 397 of the Communications Act of 1934, referred to in subsec. (j)(5), is classified to section 397 of Title 47, Telecommunications. The date of the enactment of the Satellite Television Extension and Localism Act of 2010, referred to in subsec. (j)(5), is the date of enactment of Pub. L. 111175, which shall be deemed to refer to Feb. 27, 2010, see section 307(a) of Pub. L. 111175, set out as an Effective Date of 2010 Amendment note under section 111 of this title.
Amendments2014—Subsec. (j)(2)(B) to (D). Pub. L. 113200, § 204(1), realigned margins. Subsec. (j)(2)(E). Pub. L. 113200, § 204(2), added subpar. (E). 2010—Pub. L. 111175, § 103(a)(1), substituted “of local television programming by satellite” for “by satellite carriers within local markets” in section catchline. Subsec. (a). Pub. L. 111175, § 103(b), amended subsec. (a) generally. Prior to amendment, subsec. (a) related to secondary transmissions of television broadcast stations by satellite carriers. Subsec. (b)(1). Pub. L. 111175, § 103(c)(1), substituted “station—” for “station a list identifying (by name in alphabetical order and street address, including county and zip code) all subscribers to which the satellite carrier makes secondary transmissions of that primary transmission under subsection (a).” and added subpars. (A) and (B). Subsec. (b)(2). Pub. L. 111175, § 103(c)(2), substituted “network—” for “network a list identifying (by name in alphabetical order and street address, including county and zip code) any subscribers who have been added or dropped as subscribers since the last submission under this subsection.” and added subpars. (A) and (B). Subsec. (c). Pub. L. 111175, § 103(d), inserted “for Certain Secondary Transmissions” after “Required” in heading and substituted “paragraphs (1), (2), and (3) of subsection (a)” for “subsection (a)” in text. Subsec. (f)(1). Pub. L. 111175, § 103(e)(2)(A), substituted “section 119, subject to statutory licensing by reason of paragraph (2)(A), (3), or (4) of subsection (a), or subject to” for “section 119 or” in introductory provisions. Subsec. (f)(1)(B). Pub. L. 111175, § 103(e)(1)(A), substituted “$250” for “$5”. Subsec. (f)(2). Pub. L. 111175, § 103(e)(2)(A), substituted “section 119, subject to statutory licensing by reason of paragraph (2)(A), (3), or (4) of subsection (a), or subject to” for “section 119 or” in introductory provisions. Subsec. (f)(2)(A)(ii), (B)(ii). Pub. L. 111175, § 103(e)(1)(B), substituted “$2,500,000” for “$250,000”. Subsec. (g). Pub. L. 111175, § 103(e)(2)(B), substituted “section 119, paragraph (2)(A), (3), or (4) of subsection (a), or” for “section 119 or”. Subsec. (j)(1). Pub. L. 111175, § 103(f)(1), substituted “that contracts” for “which contracts”. Subsec. (j)(3). Pub. L. 111175, § 103(f)(4), added par. (3). Former par. (3) redesignated (4). Subsec. (j)(4). Pub. L. 111175, § 103(f)(3), redesignated par. (3) as (4) and inserted “non-network station;” after “Network station;” in heading and “ non-network station,” after “ network station,” in text. Former par. (4) redesignated (6). Subsec. (j)(5). Pub. L. 111175, § 103(f)(5), added par. (5). Former par. (5) redesignated (7). Subsec. (j)(6). Pub. L. 111175, § 103(f)(6), amended par. (6) generally. Prior to amendment, text read as follows: “The term subscriber means a person who receives a secondary transmission service from a satellite carrier and pays a fee for the service, directly or indirectly, to the satellite carrier or to a distributor.” Pub. L. 111175, § 103(f)(2), redesignated par. (4) as (6). Subsec. (j)(7). Pub. L. 111175, § 103(f)(2), redesignated par. (5) as (7). 2008—Subsec. (d). Pub. L. 110403, § 209(a)(5)(A), struck out “and 509” after “506”. Subsec. (e). Pub. L. 110403, § 209(a)(5)(B), substituted “section 510” for “sections 509 and 510”. Subsec. (f)(1). Pub. L. 110403, § 209(a)(5)(C), struck out “and 509” after “506” in introductory provisions. 2004—Subsec. (j)(2)(D). Pub. L. 108447 added subpar. (D). 2002—Pub. L. 107273 substituted “rights: Secondary” for “rights; secondary” in section catchline.
Statutory Notes and Related Subsidiaries
Effective Date of 2010 AmendmentAmendment by Pub. L. 111175 effective Feb. 27, 2010, see section 307(a) of Pub. L. 111175, set out as a note under section 111 of this title.
Effective DateSection effective July 1, 1999, see section 1000(a)(9) [title I, § 1012] of Pub. L. 106113, set out as an Effective Date of 1999 Amendment note under section 101 of this title.