United States Materials | p. 1 |
United States Code, Title 17--Copyrights | p. 3 |
Subject Matter and Scope of Copyright | p. 3 |
Definitions | p. 4 |
Subject matter of copyright: In general | p. 10 |
Subject matter of copyright: Compilations and derivative works | p. 10 |
Subject matter of copyright: National origin | p. 11 |
Copyright in restored works | p. 12 |
Subject matter of copyright: United States Government works | p. 18 |
Exclusive rights in copyrighted works | p. 18 |
Rights of certain authors to attribution and integrity | p. 18 |
Limitations on exclusive rights: Fair use | p. 20 |
Limitations on exclusive rights: Reproduction by libraries and archives | p. 20 |
Limitations on exclusive rights: Effect of transfer of particular copy or phonorecord | p. 23 |
Limitations on exclusive rights: Exemption of certain performances and displays | p. 25 |
Limitations on exclusive rights: Secondary transmissions | p. 30 |
Limitations on exclusive rights: Ephemeral recordings | p. 39 |
Scope of exclusive rights in pictorial, graphic, and sculptural works | p. 44 |
Scope of exclusive rights in sound recordings | p. 45 |
Scope of exclusive rights in nondramatic musical works: Compulsory license for making and distributing phonorecords | p. 62 |
Negotiated licenses for public performances by means of coin-operated phonorecord players | p. 68 |
Limitations on exclusive rights: Computer programs | p. 69 |
Scope of exclusive rights: Use of certain works in connection with noncommercial broadcasting | p. 70 |
Limitations on exclusive rights: Secondary transmissions of superstations and network stations for private home viewing | p. 72 |
Scope of exclusive rights in architectural works | p. 84 |
Limitations on exclusive rights: Reproduction for blind or other people with disabilities | p. 84 |
Limitations on exclusive rights: Secondary transmissions by satellite carriers within local markets | p. 85 |
Copyright Ownership and Transfer | p. 89 |
Ownership of copyright | p. 89 |
Ownership of copyright as distinct from ownership of material object | p. 90 |
Termination of transfers and licenses granted by the author | p. 90 |
Execution of transfers of copyright ownership | p. 92 |
Recordation of transfers and other documents | p. 93 |
Duration of Copyright | p. 93 |
Preemption with respect to other laws | p. 94 |
Duration of copyright: Works created on or after January 1, 1978 | p. 95 |
Duration of copyright: Works created but not published or copyrighted before January 1, 1978 | p. 96 |
Duration of copyright: Subsisting copyrights | p. 96 |
Duration of copyright: Terminal date | p. 101 |
Copyright Notice, Deposit, and Registration | p. 101 |
Notice of copyright: Visually perceptible copies | p. 101 |
Notice of copyright: Phonorecords of sound recordings | p. 102 |
Notice of copyright: Publications incorporating United States Government works | p. 103 |
Notice of copyright: Contributions to collective works | p. 103 |
Notice of copyright: Omissions of notice on certain copies and phonorecords | p. 103 |
Notice of copyright: Error in name or date on certain copies and phonorecords | p. 104 |
Deposit of copies or phonorecords for Library of Congress | p. 105 |
Copyright registration in general | p. 107 |
Application for copyright registration | p. 109 |
Registration of claim and issuance of certificate | p. 109 |
Registration and infringement actions | p. 110 |
Registration as prerequisite to certain remedies for infringement | p. 110 |
Copyright Infringement and Remedies | p. 111 |
Infringement of copyright | p. 111 |
Remedies for infringement: Injunctions | p. 112 |
Remedies for infringement: Impounding and disposition of infringing articles | p. 113 |
Remedies for infringement: Damages and profits | p. 113 |
Remedies for infringement: Costs and attorney's fees | p. 114 |
Criminal offenses | p. 114 |
Limitations on actions | p. 115 |
Notification of filing and determination of actions | p. 115 |
Seizure and forfeiture | p. 116 |
Remedies for alteration of programming by cable systems | p. 116 |
Liability of States, instrumentalities of States, and State officials for infringement of copyright | p. 117 |
Limitations on liability relating to material online | p. 117 |
Determination of reasonable license fees for individual proprietors | p. 126 |
Manufacturing Requirements and Importation | p. 128 |
Manufacture, importation, and public distribution of certain copies | p. 128 |
Infringing importation of copies or phonorecords | p. 130 |
Importation prohibitions: Enforcement and disposition of excluded articles | p. 131 |
Copyright Office | p. 132 |
The Copyright Office: General responsibilities and organization | p. 132 |
Copyright Office regulations | p. 133 |
Effective date of actions in Copyright Office | p. 133 |
Retention and disposition of articles deposited in Copyright Office | p. 133 |
Copyright Office records: Preparation, maintenance, public inspection, and searching | p. 134 |
Copies of Copyright Office records | p. 135 |
Copyright Office forms and publications | p. 135 |
Copyright Office fees | p. 135 |
Delay in delivery caused by disruption of postal or other services | p. 137 |
Copyright Arbitration Royalty Panels | p. 137 |
Copyright arbitration royalty panels: Establishment and purpose | p. 138 |
Membership and proceedings of copyright arbitration royalty panels | p. 140 |
Institution and conclusion of proceedings | p. 142 |
Protection of Semiconductor Chip Products | p. 144 |
Definitions | p. 145 |
Subject matter of protection | p. 146 |
Ownership, transfer, licensing, and recordation | p. 147 |
Duration of protection | p. 147 |
Exclusive rights in mask works | p. 148 |
Limitation on exclusive rights: Reverse engineering; first sale | p. 148 |
Limitation on exclusive rights: Innocent infringement | p. 148 |
Registration of claims of protection | p. 149 |
Mask work notice | p. 150 |
Enforcement of exclusive rights | p. 151 |
Civil actions | p. 152 |
Relation to other laws | p. 153 |
Transitional provisions | p. 154 |
International transitional provisions | p. 154 |
Digital Audio Recording Devices and Media | p. 156 |
Definitions | p. 156 |
Definitions | p. 156 |
Copying Controls | p. 159 |
Incorporation of copying controls | p. 159 |
Royalty Payments | p. 160 |
Obligation to make royalty payments | p. 160 |
Royalty payments | p. 160 |
Deposit of royalty payments and deduction of expenses | p. 162 |
Entitlement to royalty payments | p. 162 |
Procedures for distributing royalty payments | p. 163 |
Prohibition on Certain Infringement Actions, Remedies, and Arbitration | p. 164 |
Prohibition on certain infringement actions | p. 164 |
Civil remedies | p. 164 |
Arbitration of certain disputes | p. 166 |
Sound Recordings and Music Videos | p. 167 |
Unauthorized fixation and trafficking in sound recordings and music videos | p. 168 |
Copyright Protection and Management Systems | p. 168 |
Circumvention of copyright protection systems | p. 168 |
Integrity of copyright management information | p. 178 |
Civil remedies | p. 180 |
Criminal offenses and penalties | p. 182 |
Savings clause | p. 182 |
Protection of Original Designs | p. 182 |
Designs protected | p. 183 |
Designs not subject to protection | p. 184 |
Revisions, adaptations, and rearrangements | p. 184 |
Commencement of protection | p. 184 |
Term of protection | p. 185 |
Design notice | p. 185 |
Effect of omission of notice | p. 185 |
Exclusive rights | p. 186 |
Infringement | p. 186 |
Application for registration | p. 187 |
Benefit of earlier filing date in foreign country | p. 189 |
Oaths and acknowledgements | p. 189 |
Examination of application and issue or refusal of registration | p. 190 |
Certification of registration | p. 191 |
Publication of announcements and indexes | p. 191 |
Fees | p. 191 |
Regulations | p. 191 |
Copies of records | p. 191 |
Correction of errors in certificates | p. 192 |
Ownership and transfer | p. 192 |
Remedy for infringement | p. 192 |
Injunctions | p. 193 |
Recovery for infringement | p. 193 |
Power of court over registration | p. 194 |
Liability for action on registration fraudulently obtained | p. 194 |
Penalty for false marking | p. 194 |
Penalty for false representation | p. 195 |
Enforcement by Treasury and Postal Service | p. 195 |
Relation to design patent law | p. 195 |
Common law and other rights unaffected | p. 196 |
Administrator; Office of the Administrator | p. 196 |
No retroactive effect | p. 196 |
United States Code, Title 18--Crimes and Criminal Procedure | p. 197 |
Trafficking in counterfeit labels for phonorecords, copies of computer programs or computer program documentation or packaging, and copies of motion pictures or other audio visual works, and trafficking in counterfeit computer program documentation or packaging | p. 197 |
Criminal infringement of a copyright | p. 198 |
Unauthorized fixation of and trafficking in sound recordings and music videos of live musical performances | p. 199 |
United States Code, Title 28--Judiciary and Judicial Procedure | p. 201 |
Patents, plant variety protection, copyrights, mask works, designs, trademarks, and unfair competition | p. 201 |
Patents and copyrights, mask works, and designs | p. 201 |
Patent and copyright cases | p. 201 |
United States Code, Title 44--Public Printing and Documents | p. 203 |
Limitation on liability | p. 203 |
Table of Contents of Code of Federal Regulations, Title 37--Patents, Trademarks, and Copyrights | p. 205 |
International Materials | p. 211 |
Berne Convention for the Protection of Literary and Artistic Works | p. 213 |
General Agreement on Tariffs and Trade: Final Act Embodying the Results of the Uruguay Round of Trade Negotiations on Trade-Related Aspects of Intellectual Property Rights | p. 245 |
WIPO Copyright Treaty | p. 265 |
WIPO Performances and Phonograms Treaty | p. 275 |
European Union Materials | p. 287 |
Council Directive 91/250/EEC of 14 May 1991 on the legal protection of computer programs | p. 289 |
Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases | p. 297 |
Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society | p. 311 |
Case and Note Updates | p. 329 |
Copyright in Context: Past and Present | p. 331 |
The Growing Role of International Treaties and Institutions | p. 331 |
Authors, Writings, and Progress | p. 333 |
The Elements of Copyrightable Subject Matter | p. 333 |
Who Is an Author? | p. 334 |
Note on Model Codes | p. 334 |
Note on the Freedom of Information Act (FOIA) and Copyright | p. 336 |
Acquiring, keeping, and Transferring Copyright | p. 339 |
Formalities | p. 339 |
Duration | p. 340 |
Eldred v. Ashcroft | p. 340 |
Renewals and Terminations of Transfers | p. 356 |
Mechanics of Transfers | p. 356 |
Random House v. Rosetta Books, LLC | p. 357 |
Protected Works and Boundary Problems | p. 365 |
Useful Articles with Pictorial, Graphic, or Sculptural Aspects | p. 365 |
Computer Software | p. 366 |
Architectural Works | p. 366 |
Databases | p. 367 |
The Statutory Rights of Copyright Owners | p. 369 |
The Elements of Infringement | p. 369 |
The Reproduction Right, Part I: The Exact Copy | p. 370 |
The Reproduction Right, Part II: The "Substantially Similar" Copy | p. 370 |
The Right to Prepare Derivative Works | p. 371 |
Moral Rights: The American Version | p. 372 |
Dastar Corporation v. Twentieth Century Fox Film Corporation | p. 374 |
The Public Performance and Public Display Rights | p. 378 |
Note on Distance Education Issues | p. 378 |
Copyright and Collective Rights Organizations: The Case of the Music Industry | p. 381 |
Bridgeport Music, Inc. v. Dimension Films LLC | p. 381 |
Note on the Small Webcaster Settlement Act of 2002 | p. 384 |
The Different Faces of Infringement | p. 387 |
Note on Napster, Peer-to-Peer Technology and Indirect Infringement Liability | p. 388 |
Note on Identifying the Direct Infringer | p. 392 |
Another Limitation on Copyright: Fair Use | p. 395 |
The Different Faces of Fair Use | p. 395 |
Technological Protections | p. 397 |
The Digital Millennium Copyright Act and Circumvention of Technological Protections | p. 397 |
Note on Digital Television and the Broadcast Flag | p. 402 |
State Law Theories of Protection, and Their Limits | p. 407 |
Express Preemption Under the 1976 Act | p. 407 |
Video Pipeline, Inc. v. Buena Vista Home Entertainment, Inc. | p. 407 |
The Right of Publicity | p. 410 |
Contract | p. 410 |
The Misuse Alternative | p. 412 |
In re Napster, Inc. Copyright Litigation | p. 413 |
Assessment Technologies of WI v. WIREdata, Inc. | p. 421 |
The Copyright Infringement Lawsuit | p. 429 |
Proper Court | p. 429 |
Proper Timing | p. 429 |
Proper Plaintiffs (Standing) | p. 431 |
Proper Defendants | p. 431 |
International Issues | p. 432 |
Civil Remedies | p. 432 |
Los Angeles News Service v. Reuters Television International, Limited | p. 433 |
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