Notes on 17 U.S.C. § 101 : US Code - Notes

Search Notes on 17 U.S.C. § 101 : US Code - Notes

(Pub. L. 94-553, title I, Sec. 101, Oct. 19, 1976, 90 Stat. 2541;
Pub. L. 96-517, Sec. 10(a), Dec. 12, 1980, 94 Stat. 3028; Pub. L.
100-568, Sec. 4(a)(1), Oct. 31, 1988, 102 Stat. 2854; Pub. L. 101-
650, title VI, Sec. 602, title VII, Sec. 702, Dec. 1, 1990, 104
Stat. 5128, 5133; Pub. L. 102-307, title I, Sec. 102(b)(2), June
26, 1992, 106 Stat. 266; Pub. L. 102-563, Sec. 3(b), Oct. 28, 1992,
106 Stat. 4248; Pub. L. 104-39, Sec. 5(a), Nov. 1, 1995, 109 Stat.
348; Pub. L. 105-80, Sec. 12(a)(3), Nov. 13, 1997, 111 Stat. 1534;
Pub. L. 105-147, Sec. 2(a), Dec. 16, 1997, 111 Stat. 2678; Pub. L.
105-298, title II, Sec. 205, Oct. 27, 1998, 112 Stat. 2833; Pub. L.
105-304, title I, Sec. 102(a), Oct. 28, 1998, 112 Stat. 2861; Pub.
L. 106-44, Sec. 1(g)(1), Aug. 5, 1999, 113 Stat. 222; Pub. L. 106-
113, div. B, Sec. 1000(a)(9) [title I, Sec. 1011(d)], Nov. 29,
1999, 113 Stat. 1536, 1501A-544; Pub. L. 106-379, Sec. 2(a), Oct.
27, 2000, 114 Stat. 1444; Pub. L. 107-273, div. C, title III, Sec.
13210(5), Nov. 2, 2002, 116 Stat. 1909; Pub. L. 108-419, Sec. 4,
Nov. 30, 2004, 118 Stat. 2361; Pub. L. 109-9, title I, Sec. 102(c),
Apr. 27, 2005, 119 Stat. 220.)
HISTORICAL AND REVISION NOTES
HOUSE REPORT NO. 94-1476
The significant definitions in this section will be mentioned or
summarized in connection with the provisions to which they are most
relevant.
REFERENCES IN TEXT
The Universal Copyright Convention, referred to in definition of
"international agreement", is set out under section 104 of this
title.
Section 1011(d) of the Intellectual Property and Communications
Omnibus Reform Act of 1999, referred to in definition of "work made
for hire", is section 1000(a)(9) [title I, Sec. 1011(d)] of Pub. L.
106-113, which amended par. (2) of that definition. See 1999
Amendment note below.
Section 2(a)(1) of the Work Made For Hire and Copyright
Corrections Act of 2000, referred to in definition of "work made
for hire", is section 2(a)(1) of Pub. L. 106 - 379, which amended
par. (2) of that definition. See 2000 Amendment note below.
Section 2 of the Uruguay Round Agreements Act, referred to in
definitions of "WTO Agreement" and "WTO member country", is
classified to section 3501 of Title 19, Customs Duties.
AMENDMENTS
2005 - Pub. L. 109-9 inserted definition of "motion picture
exhibition facility" after definition of "Motion pictures".
2004 - Pub. L. 108-419 inserted definition of "Copyright Royalty
Judge" after definition of "Copies".
2002 - Pub. L. 107-273, Sec. 13210(5)(B), transferred definition
of "Registration" to appear after definition of "publicly".
Pub. L. 107-273, Sec. 13210(5)(A), transferred definition of
"computer program" to appear after definition of "compilation".
2000 - Pub. L. 106-379, Sec. 2(a)(2), in definition of "work made
for hire", inserted after par. (2) provisions relating to
considerations and interpretations to be used in determining
whether any work is eligible to be considered a work made for hire
under par. (2).
Pub. L. 106-379, Sec. 2(a)(1), in definition of "work made for
hire", struck out "as a sound recording," after "motion picture or
other audiovisual work," in par. (2).
1999 - Pub. L. 106-113, which directed the insertion of "as a
sound recording," after "audiovisual work" in par. (2) of
definition relating to work made for hire, was executed by making
the insertion after "audiovisual work," to reflect the probable
intent of Congress.
Pub. L. 106-44, Sec. 1(g)(1)(B), in definition of "proprietor",
substituted "For purposes of section 513, a 'proprietor' " for "A
'proprietor' ".
Pub. L. 106-44, Sec. 1(g)(1)(A), transferred definition of
"United States work" to appear after definition of "United States".
1998 - Pub. L. 105-304, Sec. 102(a)(1), struck out definition of
"Berne Convention work".
Pub. L. 105-304, Sec. 102(a)(2), in definition of "country of
origin", substituted "For purposes of section 411, a work is a
'United States work' only if" for "The 'country of origin' of a
Berne Convention work, for purposes of section 411, is the United
States if" in introductory provisions, substituted "treaty party or
parties" for "nation or nations adhering to the Berne Convention"
in par. (1)(B) and "is not a treaty party" for "does not adhere to
the Berne Convention" in par. (1)(C), (D), and struck out at end
"For the purposes of section 411, the 'country of origin' of any
other Berne Convention work is not the United States."
Pub. L. 105-298, Sec. 205(1), inserted definitions of
"establishment" and "food service or drinking establishment".
Pub. L. 105-304, Sec. 102(a)(3), inserted definition of "Geneva
Phonograms Convention".
Pub. L. 105-298, Sec. 205(2), inserted definition of "gross
square feet of space".
Pub. L. 105-304, Sec. 102(a)(4), inserted definition of
"international agreement".
Pub. L. 105-298, Sec. 205(3), (4), inserted definitions of
"performing rights society" and "proprietor".
Pub. L. 105-304, Sec. 102(a)(5), inserted definition of term
"treaty party".
Pub. L. 105-304, Sec. 102(a)(6), inserted definition of term
"WIPO Copyright Treaty".
Pub. L. 105-304, Sec. 102(a)(7), inserted definition of term
"WIPO Performances and Phonograms Treaty".
Pub. L. 105-304, Sec. 102(a)(8), inserted definitions of terms
"WTO Agreement" and "WTO member country".
1997 - Pub. L. 105-147 inserted definition of "financial gain".
Pub. L. 105-80, in definition of to perform or to display a work
"publicly", substituted "process" for "processs" in par. (2).
1995 - Pub. L. 104-39 inserted definition of "digital
transmission".
1992 - Pub. L. 102-563 substituted "Except as otherwise provided
in this title, as used" for "As used" in introductory provisions.
Pub. L. 102-307 inserted definition of "registration".
1990 - Pub. L. 101-650, Sec. 702(a), inserted definition of
"architectural work".
Pub. L. 101-650, Sec. 702(b), in definition of "Berne Convention
work" added par. (5).
Pub. L. 101-650, Sec. 602, inserted definition of "work of visual
art".
1988 - Pub. L. 100-568, Sec. 4(a)(1)(B), inserted definitions of
"The Berne Convention" and "Berne Convention work".
Pub. L. 100-568, Sec. 4(a)(1)(C), inserted definition of "country
of origin".
Pub. L. 100-568, Sec. 4(a)(1)(A), in definition of "Pictorial,
graphic, and sculptural works" substituted "diagrams, models, and
technical drawings, including architectural plans" for "technical
drawings, diagrams, and models".
1980 - Pub. L. 96-517 inserted definition of "computer program".
EFFECTIVE DATE OF 2004 AMENDMENT
Amendment by Pub. L. 108-419 effective 6 months after Nov. 30,
2004, subject to transition provisions, see section 6 of Pub. L.
108-419, set out as an Effective Date; Transition Provisions note
under section 801 of this title.
EFFECTIVE DATE OF 2000 AMENDMENT
Pub. L. 106-379, Sec. 2(b)(1), Oct. 27, 2000, 114 Stat. 1444,
provided that: "The amendments made by this section [amending this
section] shall be effective as of November 29, 1999."
EFFECTIVE DATE OF 1999 AMENDMENT
Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title I, Sec. 1012],
Nov. 29, 1999, 113 Stat. 1536, 1501A-544, provided that: "Sections
1001, 1003, 1005, 1007, 1008, 1009, 1010, and 1011 [enacting
sections 338 and 339 of Title 47, Telegraphs, Telephones, and
Radiotelegraphs, amending this section, sections 111, 119, 501, and
510 of this title, and section 325 of Title 47, enacting provisions
set out as a note under this section and section 325 of Title 47,
and amending provisions set out as a note under section 119 of this
title] (and the amendments made by such sections) shall take effect
on the date of the enactment of this Act [Nov. 29, 1999]. The
amendments made by sections 1002, 1004, and 1006 [enacting section
122 of this title and amending sections 119 and 501 of this title]
shall be effective as of July 1, 1999."
EFFECTIVE DATE OF 1998 AMENDMENTS
Pub. L. 105-304, title I, Sec. 105, Oct. 28, 1998, 112 Stat.
2877, provided that:
"(a) In General. - Except as otherwise provided in this title
[see section 101 of Pub. L. 105-304, set out as a Short Title of
1998 Amendments note below], this title and the amendments made by
this title shall take effect on the date of the enactment of this
Act [Oct. 28, 1998].
"(b) Amendments Relating to Certain International Agreements. -
(1) The following shall take effect upon the entry into force of
the WIPO Copyright Treaty with respect to the United States [Mar.
6, 2002]:
"(A) Paragraph (5) of the definition of 'international
agreement' contained in section 101 of title 17, United States
Code, as amended by section 102(a)(4) of this Act.
"(B) The amendment made by section 102(a)(6) of this Act
[amending this section].
"(C) Subparagraph (C) of section 104A(h)(1) of title 17, United
States Code, as amended by section 102(c)(1) of this Act.
"(D) Subparagraph (C) of section 104A(h)(3) of title 17, United
States Code, as amended by section 102(c)(2) of this Act.
"(2) The following shall take effect upon the entry into force of
the WIPO Performances and Phonograms Treaty with respect to the
United States [May 20, 2002]:
"(A) Paragraph (6) of the definition of 'international
agreement' contained in section 101 of title 17, United States
Code, as amended by section 102(a)(4) of this Act.
"(B) The amendment made by section 102(a)(7) of this Act
[amending this section].
"(C) The amendment made by section 102(b)(2) of this Act
[amending section 104 of this title].
"(D) Subparagraph (D) of section 104A(h)(1) of title 17, United
States Code, as amended by section 102(c)(1) of this Act.
"(E) Subparagraph (D) of section 104A(h)(3) of title 17, United
States Code, as amended by section 102(c)(2) of this Act.
"(F) The amendments made by section 102(c)(3) of this Act
[amending section 104A of this title]."
Pub. L. 105-298, title II, Sec. 207, Oct. 27, 1998, 112 Stat.
2834, provided that: "This title [enacting section 512 of this
title, amending this section and sections 110 and 504 of this
title, and enacting provisions set out as notes under this section]
and the amendments made by this title shall take effect 90 days
after the date of the enactment of this Act [Oct. 27, 1998]."
EFFECTIVE DATE OF 1995 AMENDMENT
Section 6 of Pub. L. 104-39 provided that: "This Act [see Short
Title of 1995 Amendment note below] and the amendments made by this
Act shall take effect 3 months after the date of enactment of this
Act [Nov. 1, 1995], except that the provisions of sections 114(e)
and 114(f) of title 17, United States Code (as added by section 3
of this Act) shall take effect immediately upon the date of
enactment of this Act."
EFFECTIVE DATE OF 1992 AMENDMENT
Section 102(g) of Pub. L. 102-307, as amended by Pub. L. 105-298,
title I, Sec. 102(d)(2)(B), Oct. 27, 1998, 112 Stat. 2828, provided
that:
"(1) Subject to paragraphs (2) and (3), this section [amending
this section and sections 304, 408, 409, and 708 of this title and
enacting provisions set out as a note under section 304 of this
title] and the amendments made by this section shall take effect on
the date of the enactment of this Act [June 26, 1992].
"(2) The amendments made by this section shall apply only to
those copyrights secured between January 1, 1964, and December 31,
1977. Copyrights secured before January 1, 1964, shall be governed
by the provisions of section 304(a) of title 17, United States
Code, as in effect on the day before the effective date of this
section [June 26, 1992], except each reference to forty-seven years
in such provisions shall be deemed to be 67 years.
"(3) This section and the amendments made by this section shall
not affect any court proceedings pending on the effective date of
this section."
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by section 602 of Pub. L. 101-650 effective 6 months
after Dec. 1, 1990, see section 610 of Pub. L. 101-650, set out as
an Effective Date note under section 106A of this title.
Section 706 of title VII of Pub. L. 101-650 provided that: "The
amendments made by this title [enacting section 120 of this title
and amending this section and sections 102, 106, and 301 of this
title], apply to -
"(1) any architectural work created on or after the date of the
enactment of this Act [Dec. 1, 1990]; and
"(2) any architectural work that, on the date of the enactment
of this Act, is unconstructed and embodied in unpublished plans
or drawings, except that protection for such architectural work
under title 17, United States Code, by virtue of the amendments
made by this title, shall terminate on December 31, 2002, unless
the work is constructed by that date."
EFFECTIVE DATE OF 1988 AMENDMENT
Section 13 of Pub. L. 100-568 provided that:
"(a) Effective Date. - This Act and the amendments made by this
Act [enacting section 116A of this title, amending this section and
sections 104, 116, 205, 301, 401 to 408, 411, 501, 504, 801, and
804 of this title, and enacting provisions set out as notes under
this section] take effect on the date on which the Berne Convention
(as defined in section 101 of title 17, United States Code) enters
into force with respect to the United States [Mar. 1, 1989]. [The
Berne Convention entered into force with respect to the United
States on Mar. 1, 1989.]
"(b) Effect on Pending Cases. - Any cause of action arising under
title 17, United States Code, before the effective date of this Act
shall be governed by the provisions of such title as in effect when
the cause of action arose."
SHORT TITLE OF 2005 AMENDMENT
Pub. L. 109-9, Sec. 1, Apr. 27, 2005, 119 Stat. 218, provided
that: "This Act [enacting section 2319B of Title 18, Crimes and
Criminal Procedure, amending this section and sections 108, 110,
408, 411, 412, and 506 of this title, sections 179m, 179n, 179p,
179q, and 179w of Title 2, The Congress, section 1114 of Title 15,
Commerce and Trade, section 2319 of Title 18, and sections 151703,
151705, 151706, and 151711 of Title 36, Patriotic and National
Observances, Ceremonies, and Organizations, enacting provisions set
out as notes under this section, section 179l of Title 2, and
section 101 of Title 36, and provisions listed in a table relating
to sentencing guidelines set out as a note under section 994 of
Title 28, Judiciary and Judicial Procedure] may be cited as the
'Family Entertainment and Copyright Act of 2005'."
Pub. L. 109-9, title I, Sec. 101, Apr. 27, 2005, 119 Stat. 218,
provided that: "This title [enacting section 2319B of Title 18,
Crimes and Criminal Procedure, amending this section, sections 408,
411, 412, and 506 of this title, and section 2319 of Title 18, and
enacting provisions listed in a table relating to sentencing
guidelines set out as a note under section 994 of Title 28,
Judiciary and Judicial Procedure] may be cited as the 'Artists'
Rights and Theft Prevention Act of 2005' or the 'ART Act'."
Pub. L. 109-9, title II, Sec. 201, Apr. 27, 2005, 119 Stat. 223,
provided that: "This title [amending section 110 of this title and
section 1114 of Title 15, Commerce and Trade] may be cited as the
'Family Movie Act of 2005'."
Pub. L. 109-9, title IV, Sec. 401, Apr. 27, 2005, 119 Stat. 226,
provided that: "This title [amending section 108 of this title] may
be cited as the 'Preservation of Orphan Works Act'."
SHORT TITLE OF 2004 AMENDMENTS
Pub. L. 108-447, div. J, title IX, Sec. 1(a), Dec. 8, 2004, 118
Stat. 3393, provided that: "This title [enacting sections 340 and
341 of Title 47, Telegraphs, Telephones, and Radiotelegraphs,
amending sections 111, 119, 122, and 803 of this title and sections
307, 312, 325, 338, and 339 of Title 47, enacting provisions set
out as notes under section 119 of this title and sections 325 and
338 of Title 47, and amending provisions set out as a note under
section 119 of this title] may be cited as the 'Satellite Home
Viewer Extension and Reauthorization Act of 2004' or the 'W. J.
(Billy) Tauzin Satellite Television Act of 2004'."
Pub. L. 108-419, Sec. 1, Nov. 30, 2004, 118 Stat. 2341, provided
that: "This Act [enacting chapter 8 of this title, amending this
section and sections 111, 112, 114 to 116, 118, 119, 1004, 1006,
1007, and 1010 of this title, and enacting provisions set out as a
note under section 801 of this title] may be cited as the
'Copyright Royalty and Distribution Reform Act of 2004'."
SHORT TITLE OF 2002 AMENDMENTS
Pub. L. 107-321, Sec. 1, Dec. 4, 2002, 116 Stat. 2780, provided
that: "This Act [amending section 114 of this title and enacting
provisions set out as notes under section 114 of this title] may be
cited as the 'Small Webcaster Settlement Act of 2002'."
Pub. L. 107-273, div. C, title III, Sec. 13301(a), Nov. 2, 2002,
116 Stat. 1910, provided that: "This subtitle [subtitle C (Sec.
13301) of title III of div. C of Pub. L. 107-273, amending sections
110, 112, and 802 of this title] may be cited as the 'Technology,
Education, and Copyright Harmonization Act of 2002'."
SHORT TITLE OF 2000 AMENDMENT
Pub. L. 106-379, Sec. 1, Oct. 27, 2000, 114 Stat. 1444, provided
that: "This Act [amending this section and sections 121, 705, and
708 of this title, repealing section 710 of this title, and
enacting provisions set out as notes under this section and section
708 of this title] may be cited as the 'Work Made For Hire and
Copyright Corrections Act of 2000'."
SHORT TITLE OF 1999 AMENDMENTS
Pub. L. 106-160, Sec. 1, Dec. 9, 1999, 113 Stat. 1774, provided
that: "This Act [amending section 504 of this title and enacting
provisions set out as notes under section 504 of this title and
section 994 of Title 28, Judiciary and Judicial Procedure] may be
cited as the 'Digital Theft Deterrence and Copyright Damages
Improvement Act of 1999'."
Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title I, Sec. 1001],
Nov. 29, 1999, 113 Stat. 1536, 1501A-523, provided that: "This
title [enacting section 122 of this title and sections 338 and 339
of Title 47, Telegraphs, Telephones, and Radiotelegraphs, amending
this section, sections 111, 119, 501, and 510 of this title, and
section 325 of Title 47, enacting provisions set out as notes under
this section and section 325 of Title 47, and amending provisions
set out as a note under section 119 of this title] may be cited as
the 'Satellite Home Viewer Improvement Act of 1999'."
SHORT TITLE OF 1998 AMENDMENTS
Pub. L. 105-304, Sec. 1, Oct. 28, 1998, 112 Stat. 2860, provided
that: "This Act [enacting section 512 and chapters 12 and 13 of
this title and section 4001 of Title 28, Judiciary and Judicial
Procedure, amending this section, sections 104, 104A, 108, 112,
114, 117, 411, 507, 701, and 801 to 803 of this title, section 5314
of Title 5, Government Organization and Employees, sections 1338,
1400, and 1498 of Title 28, and section 3 of Title 35, Patents, and
enacting provisions set out as notes under this section and
sections 108, 109, 112, 114, 512, and 1301 of this title] may be
cited as the 'Digital Millennium Copyright Act'."
Pub. L. 105-304, title I, Sec. 101, Oct. 28, 1998, 112 Stat.
2861, provided that: "This title [enacting chapter 12 of this
title, amending this section and sections 104, 104A, 411, and 507
of this title, and enacting provisions set out as notes under this
section and section 109 of this title] may be cited as the 'WIPO
Copyright and Performances and Phonograms Treaties Implementation
Act of 1998'."
Pub. L. 105-304, title II, Sec. 201, Oct. 28, 1998, 112 Stat.
2877, provided that: "This title [enacting section 512 of this
title and provisions set out as a note under section 512 of this
title] may be cited as the 'Online Copyright Infringement Liability
Limitation Act'."
Pub. L. 105-304, title III, Sec. 301, Oct. 28, 1998, 112 Stat.
2886, provided that: "This title [amending section 117 of this
title] may be cited as the 'Computer Maintenance Competition
Assurance Act'."
Pub. L. 105-304, title V, Sec. 501, Oct. 28, 1998, 112 Stat.
2905, provided that: "This Act [probably means "this title",
enacting chapter 13 of this title and amending sections 1338, 1400,
and 1498 of Title 28, Judiciary and Judicial Procedure] may be
referred to as the 'Vessel Hull Design Protection Act'."
Pub. L. 105-298, title I, Sec. 101, Oct. 27, 1998, 112 Stat.
2827, provided that: "This title [amending sections 108, 203, and
301 to 304 of this title, enacting provisions set out as a note
under section 108 of this title, and amending provisions set out as
notes under this section and section 304 of this title] may be
referred to as the 'Sonny Bono Copyright Term Extension Act'."
Pub. L. 105-298, title II, Sec. 201, Oct. 27, 1998, 112 Stat.
2830, provided that: "This title [enacting section 512 of this
title, amending this section and sections 110 and 504 of this
title, and enacting provisions set out as notes under this section]
may be cited as the 'Fairness In Music Licensing Act of 1998'."
SHORT TITLE OF 1995 AMENDMENT
Section 1 of Pub. L. 104-39 provided that: "This Act [amending
this section and sections 106, 111, 114, 115, 119, and 801 to 803
of this title and enacting provisions set out as a note above] may
be cited as the 'Digital Performance Right in Sound Recordings Act
of 1995'."
SHORT TITLE OF 1994 AMENDMENT
Pub. L. 103-369, Sec. 1, Oct. 18, 1994, 108 Stat. 3477, provided
that: "This Act [amending sections 111 and 119 of this title and
enacting and repealing provisions set out as notes under section
119 of this title] may be cited as the 'Satellite Home Viewer Act
of 1994'."
SHORT TITLE OF 1993 AMENDMENT
Pub. L. 103-198, Sec. 1, Dec. 17, 1993, 107 Stat. 2304, provided
that: "This Act [amending sections 111, 116, 118, 119, 801 to 803,
1004 to 1007, and 1010 of this title and section 1288 of Title 8,
Aliens and Nationality, renumbering sections 116A and 804 of this
title as sections 116 and 803, respectively, of this title,
repealing sections 116, 803, and 805 to 810 of this title, and
enacting provisions set out as notes under section 801 of this
title and section 1288 of Title 8] may be cited as the 'Copyright
Royalty Tribunal Reform Act of 1993'."
SHORT TITLE OF 1992 AMENDMENTS
Pub. L. 102-563, Sec. 1, Oct. 28, 1992, 106 Stat. 4237, provided
that: "This Act [enacting chapter 10 of this title, amending this
section, sections 801, 804, and 912 of this title, and section 1337
of Title 19, Customs Duties, and enacting provisions set out as a
note under section 1001 of this title] may be cited as the 'Audio
Home Recording Act of 1992'."
Section 1 of Pub. L. 102-307 provided that: "This Act [enacting
sections 179 to 179k of Title 2, The Congress, amending this
section and sections 108, 304, 408, 409, and 708 of this title,
repealing sections 178 to 178l of Title 2, enacting provisions set
out as notes under this section, section 304 of this title, and
section 179 of Title 2, and repealing provisions set out as a note
under section 178 of Title 2] may be cited as the 'Copyright
Amendments Act of 1992'."
Section 101 of title I of Pub. L. 102-307 provided that: "This
title [amending this section and sections 304, 408, 409, and 708 of
this title and enacting provisions set out as notes under this
section and section 304 of this title] may be referred to as the
'Copyright Renewal Act of 1992'."
SHORT TITLE OF 1991 AMENDMENT
Pub. L. 102-64, Sec. 1, June 28, 1991, 105 Stat. 320, provided
that: "This Act [amending section 914 of this title and enacting
provisions set out as a note under section 914 of this title] may
be cited as the 'Semiconductor International Protection Extension
Act of 1991'."
SHORT TITLE OF 1990 AMENDMENTS
Section 601 of title VI of Pub. L. 101-650 provided that: "This
title [enacting section 106A of this title, amending this section
and sections 107, 113, 301, 411, 412, 501, and 506 of this title,
and enacting provisions set out as notes under this section and
section 106A of this title] may be cited as the 'Visual Artists
Rights Act of 1990'."
Section 701 of title VII of Pub. L. 101-650 provided that: "This
title [enacting section 120 of this title, amending this section
and sections 102, 106, and 301 of this title, and enacting
provisions set out as a note above] may be cited as the
'Architectural Works Copyright Protection Act'."
Section 801 of title VIII of Pub. L. 101-650 provided that: "This
title [amending section 109 of this title and enacting provisions
set out as notes under sections 109 and 205 of this title] may be
cited as the 'Computer Software Rental Amendments Act of 1990'."
Pub. L. 101-553, Sec. 1, Nov. 15, 1990, 104 Stat. 2749, provided
that: "This Act [enacting section 511 of this title, amending
sections 501, 910, and 911 of this title, and enacting provisions
set out as a note under section 501 of this title] may be cited as
the 'Copyright Remedy Clarification Act'."
Pub. L. 101-319, Sec. 1, July 3, 1990, 104 Stat. 290, provided
that: "This Act [amending sections 701 and 802 of this title and
sections 5315 and 5316 of Title 5, Government Organization and
Employees, and enacting provisions set out as a note under section
701 of this title] may be cited as the 'Copyright Royalty Tribunal
Reform and Miscellaneous Pay Act of 1989'."
Pub. L. 101-318, Sec. 1, July 3, 1990, 104 Stat. 287, provided
that: "This Act [amending sections 106, 111, 704, 708, 801, and 804
of this title and enacting provisions set out as notes under
sections 106, 111, 708, and 804 of this title] may be cited as the
'Copyright Fees and Technical Amendments Act of 1989'."
SHORT TITLE OF 1988 AMENDMENTS
Pub. L. 100-667, title II, Sec. 201, Nov. 16, 1988, 102 Stat.
3949, provided that: "This title [enacting section 119 of this
title and sections 612 and 613 of Title 47, Telegraphs, Telephones,
and Radiotelegraphs, amending sections 111, 501, 801, and 804 of
this title and section 605 of Title 47, and enacting provisions set
out as notes under section 119 of this title] may be cited as the
'Satellite Home Viewer Act of 1988'." [Section ceases to be
effective Dec. 31, 1994, see section 207 of Pub. L. 100-667, set
out as an Effective and Termination Dates note under section 119 of
this title.]
Section 1(a) of Pub. L. 100-568 provided that: "This Act
[enacting section 116A of this title, amending this section and
sections 104, 116, 205, 301, 401 to 408, 411, 501, 504, 801, and
804 of this title, and enacting provisions set out as notes under
this section] may be cited as the 'Berne Convention Implementation
Act of 1988'."
SHORT TITLE OF 1984 AMENDMENTS
Pub. L. 98-620, title III, Sec. 301, Nov. 8, 1984, 98 Stat. 3347,
provided that: "This title [enacting chapter 9 of this title] may
be cited as the 'Semiconductor Chip Protection Act of 1984'."
Pub. L. 98-450, Sec. 1, Oct. 4, 1984, 98 Stat. 1727, provided
that: "This Act [amending sections 109 and 115 of this title and
enacting provisions set out as a note under section 109 of this
title] may be cited as the 'Record Rental Amendment of 1984'."
SEVERABILITY
Pub. L. 106-379, Sec. 2(b)(2), Oct. 27, 2000, 114 Stat. 1444,
provided that: "If the provisions of paragraph (1) [see Effective
Date of 2000 Amendment note above], or any application of such
provisions to any person or circumstance, is held to be invalid,
the remainder of this section [amending this section and enacting
provisions set out as a note above], the amendments made by this
section, and the application of this section to any other person or
circumstance shall not be affected by such invalidation."
CONSTRUCTION OF 1998 AMENDMENT
Pub. L. 105-298, title II, Sec. 206, Oct. 27, 1998, 112 Stat.
2834, provided that: "Except as otherwise provided in this title
[enacting section 512 of this title, amending this section and
sections 110 and 504 of this title, and enacting provisions set out
as notes under this section], nothing in this title shall be
construed to relieve any performing rights society of any
obligation under any State or local statute, ordinance, or law, or
consent decree or other court order governing its operation, as
such statute, ordinance, law, decree, or order is in effect on the
date of the enactment of this Act [Oct. 27, 1998], as it may be
amended after such date, or as it may be issued or agreed to after
such date."
FIRST AMENDMENT APPLICATION
Section 609 of title VI of Pub. L. 101-650 provided that: "This
title [see Short Title of 1990 Amendments note above] does not
authorize any governmental entity to take any action or enforce
restrictions prohibited by the First Amendment to the United States
Constitution."
BERNE CONVENTION; CONGRESSIONAL DECLARATIONS
Section 2 of Pub. L. 100-568 provided that: "The Congress makes
the following declarations:
"(1) The Convention for the Protection of Literary and Artistic
Works, signed at Berne, Switzerland, on September 9, 1886, and
all acts, protocols, and revisions thereto (hereafter in this Act
[see Short Title of 1988 Amendment note above] referred to as the
'Berne Convention') are not self-executing under the Constitution
and laws of the United States.
"(2) The obligations of the United States under the Berne
Convention may be performed only pursuant to appropriate domestic
law.
"(3) The amendments made by this Act, together with the law as
it exists on the date of the enactment of this Act [Oct. 31,
1988], satisfy the obligations of the United States in adhering
to the Berne Convention and no further rights or interests shall
be recognized or created for that purpose."
BERNE CONVENTION; CONSTRUCTION
Section 3 of Pub. L. 100-568 provided that:
"(a) Relationship With Domestic Law. - The provisions of the
Berne Convention -
"(1) shall be given effect under title 17, as amended by this
Act [see Short Title of 1988 Amendment note above], and any other
relevant provision of Federal or State law, including the common
law; and
"(2) shall not be enforceable in any action brought pursuant to
the provisions of the Berne Convention itself.
"(b) Certain Rights Not Affected. - The provisions of the Berne
Convention, the adherence of the United States thereto, and
satisfaction of United States obligations thereunder, do not expand
or reduce any right of an author of a work, whether claimed under
Federal, State, or the common law -
"(1) to claim authorship of the work; or
"(2) to object to any distortion, mutilation, or other
modification of, or other derogatory action in relation to, the
work, that would prejudice the author's honor or reputation."
WORKS IN PUBLIC DOMAIN WITHOUT COPYRIGHT PROTECTION
Section 12 of Pub. L. 100-568 provided that: "Title 17, United
States Code, as amended by this Act [see Short Title of 1988
Amendment note above], does not provide copyright protection for
any work that is in the public domain in the United States."
DEFINITIONS
Pub. L. 103-465, title V, Sec. 501, Dec. 8, 1994, 108 Stat. 4973,
provided that: "For purposes of this title [enacting section 1101
of this title and section 2319A of Title 18, Crimes and Criminal
Procedure, amending sections 104A and 109 of this title, sections
1052 and 1127 of Title 15, Commerce and Trade, and sections 41,
104, 111, 119, 154, 156, 172, 173, 252, 262, 271, 272, 287, 292,
295, 307, 365, and 373 of Title 35, Patents, enacting provisions
set out as notes under section 1052 of Title 15 and sections 104
and 154 of Title 35, and amending provisions set out as a note
under section 109 of this title] -
"(1) the term 'WTO Agreement' has the meaning given that term
in section 2(9) of the Uruguay Round Agreements Act [19 U.S.C.
3501(9)]; and
"(2) the term 'WTO member country' has the meaning given that
term in section 2(10) of the Uruguay Round Agreements Act."