U.S.A. Copyright Law, Library of Congress. Copyright Office [reading diary TXT] 📗

entry into force of the

WIPO Performances and Phonograms Treaty with respect to the United

States. Pub. L. No. 105-304, 112 Stat. 2860, 2877.

29 In 1993, the North American Free Trade Agreement Implementation Act

added section 104A. Pub. L. No. 103-182, 107 Stat. 2057, 2115. In 1994,

the Uruguay Round Agreements Act amended section 104A in its entirety

with an amendment in the nature of a substitute. Pub. L. No. 103-465,

108 Stat. 4809, 4976. On November 13, 1997, Section 104A was amended by

replacing subsection (d)(3)(A), by striking the last sentence of

subsection (e)(1)(B)(ii) and by rewriting paragraphs (2) and (3) of

subsection (h). Pub. L. No. 105-80, 111 Stat. 1529, 1530. The WIPO

Copyright and Performances and Phonograms Treaties Implementation Act of

1998 amended section 104A by rewriting paragraphs (1) and (3) of

subsection (h); by adding subparagraph (E) to subsection (h)(6); and by

amending subsection (h)(8)(B)(i). Pub. L. No. 105-304, 112 Stat. 2860,

That act also deleted paragraph (9), thereby transferring the

definitions for "WTO Agreement" and "WTO member country" from section

104A to section 101. Pub. L. No. 105-304, 112 Stat. 2860, 2863. See also

endnote 24, supra.

30 The WIPO Copyright and Performances and Phonograms Treaties

Implementation Act of 1998 requires that subparagraph (C) of the

definition of "date of adherence or proclamation" take effect upon entry

into force of the WIPO Copyright Treaty with respect to the United

States. Pub. L. No. 105-304, 112 Stat. 2860, 2877.

31 The WIPO Copyright and Performances and Phonograms Treaties

Implementation Act of 1998 requires that subparagraph (D) of the

definition of "date of adherence or proclamation" take effect upon entry

into force of the WIPO Performances and Phonograms Treaty with respect

to the United States. Pub. L. No. 105-304, 112 Stat. 2860, 2877.

32 The WIPO Copyright and Performances and Phonograms Treaties

Implementation Act of 1998 requires that subparagraph (C) of the

definition of "eligible country" take effect upon entry into force of

the WIPO Copyright Treaty with respect to the United States. Pub. L. No.

105-304, 112 Stat. 2860, 2877.

33 The WIPO Copyright and Performances and Phonograms Treaties

Implementation Act of 1998 requires that subparagraph (D) of the

definition of "eligible country" take effect upon entry into force of

the WIPO Performance and Phonograms Treaty with respect to the United

States. Pub. L. No. 105-304, 112 Stat. 2860, 2877.

34 The WIPO Copyright and Performances and Phonograms Treaties

Implementation Act of 1998 requires that subparagraph (E) of the

definition of "restored work" take effect upon entry into force of the

WIPO Performances and Phonograms Treaty with respect to the United

States. Pub. L. No. 105-304, 112 Stat. 2860, 2877.

35 In 1968, the Standard Reference Data Act provided an exception to

Section 105, Pub. L. No. 90-396, 82 Stat. 339. Section 6 of that act

amended title 15 of the United States Code by authorizing the

Secretary of Commerce, at 15 U.S.C. 290e, to secure copyright and

renewal thereof on behalf of the United States as author or proprietor

"in all or any part of any standard reference data which he prepares or

makes available under this chapter," and to "authorize the reproduction

and publication thereof by others." See also section 105(f) of the

Transitional and Supplementary Provisions of the Copyright Act of 1976,

in Part I of the Appendix. Pub. L. No. 94-553, 90 Stat. 2541.

36 The Digital Performance Right in Sound Recordings Act of 1995

amended section 106 by adding paragraph (6). Pub. L. No. 104-39, 109

Stat. 336. In 1999, a technical amendment substituted "121" for "120."

Pub. L. No. 106-44, 113 Stat. 221, 222.

37 The Visual Artists Rights Act of 1990 added section 106A. Pub. L.

No. 101-650, 104 Stat. 5089, 5128. The Act states that, generally,

section 106A is to take effect six months after the date of its

enactment, that is, six months after December 1, 1990, and that the

rights created by section 106A shall apply to (1) works created before

such effective date 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

any work which occurred before such effective date. See also, endnote 3,

chapter 3.

38 The Visual Artists Rights Act of 1990 amended section 107 by adding

the reference to section 106A. Pub. L. No. 101-650, 104 Stat. 5089,

In 1992, section 107 was also amended to add the last sentence.

Pub. L. No. 102-492, 106 Stat. 3145.

39 The Copyright Amendments Act of 1992 amended section 108 by

repealing subsection (i) in its entirety. Pub. L. No. 102-307, 106 Stat.

264, 272. In 1998, the Digital Millennium Copyright Act amended section

108 by making changes to subsections (a), (b) and (c); by redesignating

subsection (h) as (i); and by adding a new subsection (h). Pub. L. No.

105-304, 112 Stat. 2860, 2889.

40 The Record Rental Amendment of 1984 amended section 109 by

redesignating subsections (b) and (c) as subsections (c) and (d),

respectively, and by inserting a new subsection (b) after subsection

(a). Pub. L. No. 98-450, 98 Stat. 1727. Section 4(b) of the Act states

that the provisions of section 109(b), as added by section 2 of the Act,

"shall not affect the right of an owner of a particular phonorecord of a

sound recording, who acquired such ownership before [October 4, 1984],

to dispose of the possession of that particular phonorecord on or after

such date of enactment in any manner permitted by section 109 of title

17, United States Code, as in effect on the day before the date of the

enactment of this Act." Pub. L. No. 98-450, 98 Stat. 1727, 1728. Section

4(c) of the Act also states that the amendments "shall not apply to

rentals, leasings, lendings (or acts or practices in the nature of

rentals, leasings, or lendings) occurring after the date which is 13

years after [October 4, 1984]" In 1988, the Record Rental Amendment Act

of 1984 was amended to extend the time period in section 4(c) from 5

years to 13 years. Pub. L. No. 100-617, 102 Stat. 3194. In 1993, the

North American Free Trade Agreement Implementation Act repealed section

4(c) of the Record Rental Amendment of 1984. Pub. L. No. 103-182, 107

Stat. 2057, 2114. Also in 1988, technical amendments to section 109(d)

inserted "(c)" in lieu of "(b)" and substituted "copyright" in lieu of

"coyright" Pub. L. No. 100-617, 102 Stat. 3194.

The Computer Software Rental Amendments Act of 1990 amended section

109(b) as follows: 1) paragraphs (2) and (3) were redesignated as

paragraphs (3) and (4), respectively; 2) paragraph (1) was struck out

and new paragraphs (1) and (2) were inserted in lieu thereof; and 3)

paragraph (4), as redesignated, was amended in its entirety with a new

paragraph (4) inserted in lieu thereof. Pub. L. No. 101-650, 104 Stat.

5089, 5134. The Act states that section 109(b), as amended, "shall not

affect the right of a person in possession of a particular copy of a

computer program, who acquired such copy before the date of the

enactment of this Act, to dispose of the possession of that copy on or

after such date of enactment in any manner permitted by section 109 of

title 17, United States Code, as in effect on the day before such date

of enactment." The Act also states that the amendments made to section

109(b) "shall not apply to rentals, leasings, or lendings (or acts or

practices in the nature of rentals, leasings, or lendings) occurring on

or after October 1, 1997." However, this limitation, which is set forth

in the first sentence of section 804 (c) of the Computer Software Rental

Amendments Act of 1990, at 104 Stat. 5136, was subsequently deleted in

1994 by the Uruguay Round Agreements Act. Pub. L. No. 103-465, 108 Stat.

4809, 4974.

The Computer Software Rental Amendments Act of 1990 also amended section

109 by adding at the end thereof subsection (e). Pub. L. No. 101-650,

104 Stat. 5089, 5135. That Act states that the provisions contained in

the new subsection (e) shall take effect 1 year after the date of

enactment of such Act, that is, one year after December 1, 1990. The Act

also states that such amendments so made "shall not apply to public

performances or displays that occur on or after October 1, 1995."

In 1994, the Uruguay Round Agreements Act amended section 109(a) by

adding the second sentence, which begins with "Notwithstanding the

preceding sentence." Pub. L. No. 103-465, 108 Stat. 4809, 4981.

41 In 1988, the Extension of Record Rental Amendment amended section

110 by adding paragraph (10). Pub. L. No. 97-366, 96 Stat. 1759. In

1997, the Technical Corrections to the Satellite Home Viewer Act amended

section 110 by inserting a semicolon in lieu of the period at the end of

paragraph (8); by inserting "; and" in lieu of the period at the end of

paragraph (9); and by inserting "(4)" in lieu of "4 above" in paragraph

(10). Pub. L. No. 105-80, 111 Stat. 1529, 1534. The Fairness in Music

Licensing Act of 1998 amended section 110, in paragraph 5, by adding

subparagraph (B) and by making conforming amendments to subparagraph

(A); by adding the phrase "or of the audiovisual or other devices

utilized in such performance" to paragraph 7; and by adding the last

paragraph to section 110 that begins "The exemptions provided under

paragraph (5)." Pub. L. No. 105-298, 112 Stat. 2827, 2830. In 1999, a

technical amendment made corrections to conform paragraph designations

that were affected by amendments previously made by the Fairness in

Music Licensing Act of 1998. Pub. L. No. 106-44, 113 Stat. 221.

42 In 1986, section 111(d) was amended by striking out paragraph (1)

and by redesignating paragraphs (2), (3), (4) and (5) as paragraphs (1),

(2), (3) and (4), respectively. Pub. L. 99-397, 100 Stat. 848. Also, in

1986, section 111(f) was amended by substituting "subsection (d)(1)" for

"subsection (d)(2)" in the last sentence of the definition of "secondary

transmission" and by adding a new sentence after the first sentence in

the definition of "local service area of a primary transmitter." Pub. L.

No. 99-397, 100 Stat. 848.

The Satellite Home Viewer Act of 1988 amended subsection 111(a) by

striking "or" at the end of paragraph (3), by redesignating paragraph

(4) as paragraph (5) and by inserting a new paragraph (4). Pub. L. No.

100-667, 102 Stat. 3935, 3949. That Act also amended section (d)(1)(A)

by adding the second sentence which begins with "In determining the

total number." Id.

The Copyright Royalty Tribunal Reform Act of 1993 amended section 111(d)

by substituting "Librarian of Congress" for "Copyright Royalty Tribunal"

where appropriate, by inserting a new sentence in lieu of the second and

third sentences of paragraph (2) and, in paragraph (4), by amending

subparagraph (B) in its entirety with substitute language. Pub. L. No.

103-198, 107 Stat. 2304, 2311.

The Satellite Home Viewer Act of 1994 amended section 111(f) by

inserting "microwave" after "wires, cables," in the paragraph relating

to the definition of "cable system" and by inserting new matter after

"April 15, 1976," in the paragraph relating to the definition of "local

service area of a primary transmitter." Pub. L. No. 103-369, 108 Stat.

3477, 3480. That Act provides that the amendment "relating to the

definition of the local service area of a primary transmitter, shall

take effect on July 1, 1994." Id.

In 1995, the Digital Performance in Sound Recordings Act amended section

111(c)(1) by inserting "and section 114(d)" in the first sentence, after

"of this subsection." Pub. L. No. 104-39, 109 Stat. 336, 348.

The Satellite Home Viewer Improvement Act of 1999 amended section 111 by

substituting "statutory"