U.S.A. Copyright Law, Library of Congress. Copyright Office [reading diary TXT] 📗
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occur on or after the date of the enactment of the Uruguay Round
Agreements Act.
Title 28 - Judiciary and Judicial Procedure
Part IV - Jurisdiction and Venue
Chapter 85 - District Courts; Jurisdiction
Sec. 1338. Patents, plant variety protection, copyrights, mask works,
trade-marks, and unfair competition {4}
(a) The district courts shall have original jurisdiction of any civil
action arising under any Act of Congress relating to patents, plant
variety protection, copyrights and trade-marks. Such jurisdiction shall
be exclusive of the courts of the states in patent, plant variety
protection and copyright cases.
(b) The district courts shall have original jurisdiction of any civil
action asserting a claim of unfair competition when joined with a
substantial and related claim under the copyright, patent, plant variety
protection or trade-mark laws.
(c) Subsections (a) and (b) apply to exclusive rights in mask works
under chapter 9 of title 17 to the same extent as such subsections apply
to copyrights.
Chapter 91 - United States Court of Federal Claims
Sec. 1498. Patent and copyright cases [5]
(b) Hereafter, whenever the copyright in any work protected under the
copyright laws of the United States shall be infringed by the United
States, by a corporation owned or controlled by the United States, or by
a contractor, subcontractor, or any person, firm, or corporation acting
for the Government and with the authorization or consent of the
Government, the exclusive action which may be brought for such
infringement shall be an action by the copyright owner against the
United States in the Court of Federal Claims for the recovery of his
reasonable and entire compensation as damages for such infringement,
including the minimum statutory damages as set forth in section 504(c)
of title 17, United States Code: Provided, That a Government employee
shall have a right of action against the Government under this
subsection except where he was in a position to order, influence, or
induce use of the copyrighted work by the Government: Provided, however,
That this subsection shall not confer a right of action on any copyright
owner or any assignee of such owner with respect to any copyrighted work
prepared by a person while in the employment or service of the United
States, where the copyrighted work was prepared as a part of the
official functions of the employee, or in the preparation of which
Government time, material, or facilities were used: And provided
further, That before such action against the United States has been
instituted the appropriate corporation owned or controlled by the United
States or the head of the appropriate department or agency of the
Government, as the case may be, is authorized to enter into an agreement
with the copyright owner in full settlement and compromise for the
damages accruing to him by reason of such infringement and to settle the
claim administratively out of available appropriations.
Except as otherwise provided by law, no recovery shall be had for any
infringement of a copyright covered by this subsection committed more
than three years prior to the filing of the complaint or counterclaim
for infringement in the action, except that the period between the date
of receipt of a written claim for compensation by the Department or
agency of the Government or corporation owned or controlled by the
United States, as the case may be, having authority to settle such claim
and the date of mailing by the Government of a notice to the claimant
that his claim has been denied shall not be counted as a part of the
three years, unless suit is brought before the last-mentioned date.
(c) The provisions of this section shall not apply to any claim arising
in a foreign country.
(e) Subsections (b) and (c) of this section apply to exclusive rights in
mask works under chapter 9 of title 17 to the same extent as such
subsections apply to copyrights.
Title 44 - Public Printing and Documents
Chapter 21 - National Archives and Records Administration
Sec. 2117. Limitation on liability [6]
When letters and other intellectual productions (exclusive of patented
material, published works under copyright protection, and unpublished
works for which copyright registration has been made) come into the
custody or possession of the Archivist, the United States or its agents
are not liable for infringement of copyright or analogous rights arising
out of use of the materials for display, inspection, research,
reproduction, or other purposes.
Appendix VII Endnotes
1 In 1962, section 2318, entitled "Transportation, sale, or receipt of
phonograph records bearing forged or counterfeit labels," was added to
title 18 of the United States Code. Pub. L. No. 87-773, 76 Stat. 775.
In 1974, section 2318 was amended to change the penalties. Pub. L. No.
93-573, 88 Stat. 1873. The Copyright Act of 1976 revised section 2318
with an amendment in the nature of a substitute. Pub. L. No. 94-553, 90
Stat. 2541, 2600. The Piracy and Counterfeiting Amendments Act of 1982
again revised section 2318 with an amendment in the nature of a
substitute that included a new title, "Trafficking in counterfeit labels
for phonorecords, and copies of motion pictures or other audiovisual
works." Pub. L. No. 97-180, 96 Stat. 91. The Crime Control Act of 1990
made a technical amendment to section 2318 to delete the comma after
"phonorecords" in the title. Pub. L. No. 101-647, 104 Stat. 4789, 4928.
In 1994, section 2318(c)(1) was amended by inserting "section 46501 of
title 49" in lieu of "section 101 of the Federal Aviation Act of 1958.
Pub. L. No. 103-272, 108 Stat. 745, 1374. The Violent Crime Control and
Law Enforcement Act of 1994 amended section 2318(a) by inserting "under
this title" in lieu of "not more than $250,000." Pub. L. No. 103-322,
108 Stat. 1796, 2148. (As provided in 18 U.S.C. Sec. 3571, the maximum
fine for an individual is $250,000, and the maximum fine for an
organization is $500,000.)
The Anticounterfeiting Consumer Protection Act of 1996 amended section
2318 by changing the title, by amending subsection (a) to insert "a
computer program or documentation" through to "knowingly traffics in
counterfeit documentation or packaging for a computer program" in lieu
of "a motion picture or other audiovisual work" and by amending
subsection (b)(3) to insert "computer program" after "motion picture."
Pub. L. No. 104-153, 110 Stat. 1386. The Act also amended section
2318(c) by inserting "a copy of a copyrighted computer program or
copyrighted documentation or packaging for a computer program" into
paragraph (3) and by adding paragraph (4). Id. at 1387.
2 The Piracy and Counterfeiting Amendments Act of 1982 added section
2319 to title 18 of the United States Code. Pub. L. No. 97-180, 96
Stat. 91, 92. In 1992, section 2319 was amended by substituting a new
subsection (b), by deleting "sound recording," "motion picture" and
"audiovisual work" from subsection (c)(1) and by substituting "120" for
"118" in subsection (c)(2). Pub. L. No. 102-561, 106 Stat. 4233. In
1997, a technical amendment corrected the spelling of "last" in
subsection (b)(1) to "least." Pub. L. No. 105-80, 111 Stat. 1529, 1536.
In 1997, the No Electronic Theft Act amended section 2319 of title 18 as
follows: 1) in subsection (a) by inserting "and (c)" after "subsection
(b),"; 2) in subsection (b), in the matter preceding paragraph (1), by
inserting "section 506(a)(1) of title 17" in lieu of "subsection (a) of
this section,"; 3) in subsection (b)(1) by inserting "including by
electronic means" and by inserting "which have a total retail value" in
lieu of "with a retail value," 4) by redesignating subsection (c) as
subsection (e); and 5) by adding new subsections (c) and (d). Pub. L.
No. 105-147, 111 Stat. 2678. The Act also directed the United States
Sentencing Commission to "ensure that the applicable guideline range for
a defendant convicted of a crime against intellectual property . . . is
sufficiently stringent to deter such a crime" and to "ensure that the
guidelines provide for consideration of the retail value and quantity of
the items with respect to which the crime against intellectual property
was committed." Id. See also endnote 5, chapter 5, supra.
3 In 1994, the Uruguay Round Agreements Act added section 2319A to
title 18 of the United States Code. Pub. L. No. 103-465, 108 Stat.
4809, 4974. In 1997, the No Electronic Theft Act amended section 2319A
by redesignating subsections (d) and (e) as subsections (e) and (f),
respectively, and by adding subsection (d). Pub. L. No. 105-147, 111
Stat. 2678. See also endnote 2, supra, regarding the United States
Sentencing Commission.
4 In 1948, section 1338, entitled "Patents, copyrights, trade-marks,
and unfair competition," was added to title 28 of the *United States
Code.* Pub. L. No. 773, 62 Stat. 869, 931. In 1970, the title of section
1338 and the text of subsection (b) were amended to insert "plant
variety protection" after "patent." Pub. L. No. 91-577, 84 Stat. 1542,
In 1988, the Judicial Improvements and Access to Justice Actamended section 1338 by adding "mask works" to the title and by adding
subsection (c). Pub. L. No. 100-702, 102 Stat. 4642, 4671.
5 In 1960, section 1498 of the United States Code was amended to add
subsections (b) and (c). Pub. L. No. 86-726, 74 Stat. 855. The Copyright
Act of 1976 amended section 1498(b) to insert "section 504(c) of title
17" in lieu of "section 101(b) of title 17." Pub. L. No. 94-553, 90
Stat. 2541, 2599. The Federal Courts Improvement Act of 1982 amended
section 1498(a) to insert "United States Claims Court" in lieu of "Court
of Claims" and, in subsections (b) and (d), to insert "Claims Court" in
lieu of "Court of Claims," wherever it appeared. Pub. L. No. 97-164, 96
Stat. 25, 40. In 1988, the Judicial Improvements and Access to Justice
Act amended section 1498 by adding subsection (e). Pub. L. No. 100-702,
102 Stat. 4642, 4671. The Federal Courts Administration Act of 1992
amended section 1498 by inserting "United States Court of Federal
Claims" in lieu of "United States Claims Court," wherever it appeared,
and by inserting "Court of Federal Claims" in lieu of "Claims Court,"
wherever it appeared. Pub. L. No. 102-572, 106 Stat. 4506, 4516. In
1997, the No Electronic Theft (NET) Act amended section 1498(b) to
insert "action which may be brought for such infringement shall be an
action by the copyright owner" in lieu of "remedy of the owner of such
copyright shall be by action." Pub. L. No. 105-147, 111 Stat. 2678,
2680.
6 In 1968, section 2113, entitled "Limitation on liability," was added
to title 44 of the United States Code. Pub. L. No. 90-620, 82 Stat.
1238, 1291. The Copyright Act of 1976 amended section 2113 in its
entirety. Pub. L. No. 94-553, 90 Stat. 2541, 2599. The National Archives
and Records Administration Act of 1984 amended section 2113 by
redesignating it as section 2117 and by inserting "Archivist" in lieu of
"Administrator of General Services." Pub. L. No. 98-497, 98 Stat. 2280
and 2286.
09-Aug-2001
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