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

>(a).

(c) All terms of protection provided in this section shall run to the

end of the calendar year in which they would otherwise expire.

Section 905. Exclusive rights in mask works

The owner of a mask work provided protection under this chapter has the

exclusive rights to do and to authorize any of the following:

(1) to reproduce the mask work by optical, electronic, or any other

means;

(2) to import or distribute a semiconductor chip product in which the

mask work is embodied; and

(3) to induce or knowingly to cause another person to do any of the acts

described in paragraphs (1) and (2).

Section 906. Limitation on exclusive rights: reverse engineering; first

sale

(a) Notwithstanding the provisions of section 905, it is not an

infringement of the exclusive rights of the owner of a mask work for-

(1) a person to reproduce the mask work solely for the purpose of

teaching, analyzing, or evaluating the concepts or techniques embodied

in the mask work or the circuitry, logic flow, or organization of

components used in the mask work; or

(2) a person who performs the analysis or evaluation described in

paragraph (1) to incorporate the results of such conduct in an original

mask work which is made to be distributed.

(b) Notwithstanding the provisions of section 905(2), the owner of a

particular semiconductor chip product made by the owner of the mask

work, or by any person authorized by the owner of the mask work, may

import, distribute, or otherwise dispose of or use, but not reproduce,

that particular semiconductor chip product without the authority of the

owner of the mask work.

Section 907. Limitation on exclusive rights: innocent infringement

(a) Notwithstanding any other provision of this chapter, an innocent

purchaser of an infringing semiconductor chip product-

(1) shall incur no liability under this chapter with respect to the

importation or distribution of units of the infringing semiconductor

chip product that occurs before the innocent purchaser has notice of

protection with respect to the mask work embodied in the semiconductor

chip product; and

(2) shall be liable only for a reasonable royalty on each unit of the

infringing semiconductor chip product that the innocent purchaser

imports or distributes after having notice of protection with respect to

the mask work embodied in the semiconductor chip product.

(b) The amount of the royalty referred to in subsection (a)(2) shall be

determined by the court in a civil action for infringement unless the

parties resolve the issue by voluntary negotiation, mediation, or

binding arbitration.

(c) The immunity of an innocent purchaser from liability referred to in

subsection (a)(1) and the limitation of remedies with respect to an

innocent purchaser referred to in subsection (a)(2) shall extend to any

person who directly or indirectly purchases an infringing semiconductor

chip product from an innocent purchaser.

(d) The provisions of subsections (a), (b), and (c) apply only with

respect to those units of an infringing semiconductor chip product that

an innocent purchaser purchased before having notice of protection with

respect to the mask work embodied in the semiconductor chip product.

Section 908. Registration of claims of protection

(a) The owner of a mask work may apply to the Register of Copyrights for

registration of a claim of protection in a mask work. Protection of a

mask work under this chapter shall terminate if application for

registration of a claim of protection in the mask work is not made as

provided in this chapter within two years after the date on which the

mask work is first commercially exploited anywhere in the world.

(b) The Register of Copyrights shall be responsible for all

administrative functions and duties under this chapter. Except for

section 708, the provisions of chapter 7 of this title relating to the

general responsibilities, organization, regulatory authority, actions,

records, and publications of the Copyright Office shall apply to this

chapter, except that the Register of Copyrights may make such changes as

may be necessary in applying those provisions to this chapter.

(c) The application for registration of a mask work shall be made on a

form prescribed by the Register of Copyrights. Such form may require any

information regarded by the Register as bearing upon the preparation or

identification of the mask work, the existence or duration of protection

of the mask work under this chapter, or ownership of the mask work. The

application shall be accompanied by the fee set pursuant to subsection

(d) and the identifying material specified pursuant to such subsection.

(d) The Register of Copyrights shall by regulation set reasonable fees

for the filing of applications to register claims of protection in mask

works under this chapter, and for other services relating to the

administration of this chapter or the rights under this chapter, taking

into consideration the cost of providing those services, the benefits of

a public record, and statutory fee schedules under this title. The

Register shall also specify the identifying material to be deposited in

connection with the claim for registration.

(e) If the Register of Copyrights, after examining an application for

registration, determines, in accordance with the provisions of this

chapter, that the application relates to a mask work which is entitled

to protection under this chapter, then the Register shall register the

claim of protection and issue to the applicant a certificate of

registration of the claim of protection under the seal of the Copyright

Office. The effective date of registration of a claim of protection

shall be the date on which an application, deposit of identifying

material, and fee, which are determined by the Register of Copyrights or

by a court of competent jurisdiction to be acceptable for registration

of the claim, have all been received in the Copyright Office.

(f) In any action for infringement under this chapter, the certificate

of registration of a mask work shall constitute prima facie evidence (1)

of the facts stated in the certificate, and (2) that the applicant

issued the certificate has met the requirements of this chapter, and the

regulations issued under this chapter, with respect to the registration

of claims.

(g) Any applicant for registration under this section who is

dissatisfied with the refusal of the Register of Copyrights to issue a

certificate of registration under this section may seek judicial review

of that refusal by bringing an action for such review in an appropriate

United States district court not later than sixty days after the

refusal. The provisions of chapter 7 of title 5 shall apply to such

judicial review. The failure of the Register of Copyrights to issue a

certificate of registration within four months after an application for

registration is filed shall be deemed to be a refusal to issue a

certificate of registration for purposes of this subsection and section

910(b)(2), except that, upon a showing of good cause, the district court

may shorten such four-month period.

Section 909. Mask work notice [4]

(a) The owner of a mask work provided protection under this chapter may

affix notice to the mask work, and to masks and semiconductor chip

products embodying the mask work, in such manner and location as to give

reasonable notice of such protection. The Register of Copyrights shall

prescribe by regulation, as examples, specific methods of affixation and

positions of notice for purposes of this section, but these

specifications shall not be considered exhaustive. The affixation of

such notice is not a condition of protection under this chapter, but

shall constitute prima facie evidence of notice of protection.

(b) The notice referred to in subsection (a) shall consist of-

(1) the words "mask work", the symbol M, or the symbol [M in a circle]

(the letter M in a circle); and

(2) the name of the owner or owners of the mask work or an abbreviation

by which the name is recognized or is generally known.

Section 910. Enforcement of exclusive rights [5]

(a) Except as otherwise provided in this chapter, any person who

violates any of the exclusive rights of the owner of a mask work under

this chapter, by conduct in or affecting commerce, shall be liable as an

infringer of such rights. As used in this subsection, the term "any

person" includes any State, any instrumentality of a State, and any

officer or employee of a State or instrumentality of a State acting in

his or her official capacity. Any State, and any such instrumentality,

officer, or employee, shall be subject to the provisions of this chapter

in the same manner and to the same extent as any nongovernmental entity.

(b)(1) The owner of a mask work protected under this chapter, or the

exclusive licensee of all rights under this chapter with respect to the

mask work, shall, after a certificate of registration of a claim of

protection in that mask work has been issued under section 908, be

entitled to institute a civil action for any infringement with respect

to the mask work which is committed after the commencement of protection

of the mask work under section 904(a).

(2) In any case in which an application for registration of a claim of

protection in a mask work and the required deposit of identifying

material and fee have been received in the Copyright Office in proper

form and registration of the mask work has been refused, the applicant

is entitled to institute a civil action for infringement under this

chapter with respect to the mask work if notice of the action, together

with a copy of the complaint, is served on the Register of Copyrights,

in accordance with the Federal Rules of Civil Procedure. The Register

may, at his or her option, become a party to the action with respect to

the issue of whether the claim of protection is eligible for

registration by entering an appearance within sixty days after such

service, but the failure of the Register to become a party to the action

shall not deprive the court of jurisdiction to determine that issue.

(c)(1) The Secretary of the Treasury and the United States Postal

Service shall separately or jointly issue regulations for the

enforcement of the rights set forth in section 905 with respect to

importation. These regulations may require, as a condition for the

exclusion of articles from the United States, that the person seeking

exclusion take any one or more of the following actions:

(A) Obtain a court order enjoining, or an order of the International

Trade Commission under section 337 of the Tariff Act of 1930 excluding,

importation of the articles.

(B) Furnish proof that the mask work involved is protected under this

chapter and that the importation of the articles would infringe the

rights in the mask work under this chapter.

(C) Post a surety bond for any injury that may result if the detention

or exclusion of the articles proves to be unjustified.

(2) Articles imported in violation of the rights set forth in section

905 are subject to seizure and forfeiture in the same manner as property

imported in violation of the customs laws. Any such forfeited articles

shall be destroyed as directed by the Secretary of the Treasury or the

court, as the case may be, except that the articles may be returned to

the country of export whenever it is shown to the satisfaction of the

Secretary of the Treasury that the importer had no reasonable grounds

for believing that his or her acts constituted a violation of the law.

Section 911. Civil actions [6]

(a) Any court having jurisdiction of a civil action arising under this

chapter may grant temporary restraining orders, preliminary injunctions,

and permanent injunctions on such terms as the court may deem reasonable

to prevent or restrain infringement of the exclusive rights in a mask

work under this chapter.

(b) Upon finding an infringer liable, to a person entitled under section

910(b)(1) to institute a civil action, for an infringement of any

exclusive right under this chapter, the court shall award such person

actual damages