U.S.A. Copyright Law, Library of Congress. Copyright Office [reading diary TXT] 📗
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the title and any other alternative titles known to the owner by which
the restored work may be identified, and an address and telephone number
at which the owner may be contacted. If the notice is signed by an
agent, the agency relationship must have been constituted in a writing
signed by the owner before the filing of the notice. The Copyright
Office may specifically require in regulations other information to be
included in the notice, but failure to provide such other information
shall not invalidate the notice or be a basis for refusal to list the
restored work in the Federal Register.
(ii) If a work in which copyright is restored has no formal title, it
shall be described in the notice of intent in detail sufficient to
identify it.
(iii) Minor errors or omissions may be corrected by further notice at
any time after the notice of intent is filed. Notices of corrections for
such minor errors or omissions shall be accepted after the period
established in subsection (d)(2)(A)(i). Notices shall be published in
the Federal Register pursuant to subparagraph (B).
(B)(i) The Register of Copyrights shall publish in the Federal Register,
commencing not later than 4 months after the date of restoration for a
particular nation and every 4 months thereafter for a period of 2 years,
lists identifying restored works and the ownership thereof if a notice
of intent to enforce a restored copyright has been filed.
(ii) Not less than 1 list containing all notices of intent to enforce
shall be maintained in the Public Information Office of the Copyright
Office and shall be available for public inspection and copying during
regular business hours pursuant to sections 705 and 708.
(C) The Register of Copyrights is authorized to fix reasonable fees
based on the costs of receipt, processing, recording, and publication of
notices of intent to enforce a restored copyright and corrections
thereto.
(D)(i) Not later than 90 days before the date the Agreement on
Trade-Related Aspects of Intellectual Property referred to in section
101(d) (15) of the Uruguay Round Agreements Act enters into force with
respect to the United States, the Copyright Office shall issue and
publish in the Federal Register regulations governing the filing under
this subsection of notices of intent to enforce a restored copyright.
(ii) Such regulations shall permit owners of restored copyrights to file
simultaneously for registration of the restored copyright.
(2) Notices of Intent Served on a Reliance Party.-
(A) Notices of intent to enforce a restored copyright may be served on a
reliance party at any time after the date of restoration of the restored
copyright.
(B) Notices of intent to enforce a restored copyright served on a
reliance party shall be signed by the owner or the owner's agent, shall
identify the restored work and the work in which the restored work is
used, if any, in detail sufficient to identify them, and shall include
an English translation of the title, any other alternative titles known
to the owner by which the work may be identified, the use or uses to
which the owner objects, and an address and telephone number at which
the reliance party may contact the owner. If the notice is signed by an
agent, the agency relationship must have been constituted in writing and
signed by the owner before service of the notice.
(3) Effect of Material False Statements. Any material false statement
knowingly made with respect to any restored copyright identified in any
notice of intent shall make void all claims and assertions made with
respect to such restored copyright.
(f) Immunity From Warranty and Related Liability.-
(1) In General. Any person who warrants, promises, or guarantees that
a work does not violate an exclusive right granted in section 106 shall
not be liable for legal, equitable, arbitral, or administrative relief
if the warranty, promise, or guarantee is breached by virtue of the
restoration of copyright under this section, if such warranty, promise,
or guarantee is made before January 1, 1995.
(2) Performances. No person shall be required to perform any act if
such performance is made infringing by virtue of the restoration of
copyright under the provisions of this section, if the obligation to
perform was undertaken before January 1, 1995.
(g) Proclamation of Copyright Restoration. Whenever the President finds
that a particular foreign nation extends, to works by authors who are
nationals or domiciliaries of the United States, restored copyright
protection on substantially the same basis as provided under this
section, the President may by proclamation extend restored protection
provided under this section to any work
(1) of which one or more of the authors is, on the date of first
publication, a national, domiciliary, or sovereign authority of that
nation; or
(2) which was first published in that nation.
The President may revise, suspend, or revoke any such proclamation or
impose any conditions or limitations on protection under such a
proclamation.
(h) Definitions. For purposes of this section and section 109(a):
(1) The term "date of adherence or proclamation" means the earlier of
the date on which a foreign nation which, as of the date the WTO
Agreement enters into force with respect to the United States, is not a
nation adhering to the Berne Convention or a WTO member country,
becomes-
(A) a nation adhering to the Berne Convention;
(B) a WTO member country;
(C) a nation adhering to the WIPO Copyright Treaty; [30]
(D) a nation adhering to the WIPO Performances and Phonograms Treaty; [31]
or
(E) subject to a Presidential proclamation under subsection (g).
(2) The "date of restoration" of a restored copyright is-
(A) January 1, 1996, if the source country of the restored work is a
nation adhering to the Berne Convention or a WTO member country on such
date, or
(B) the date of adherence or proclamation, in the case of any other
source country of the restored work.
(3) The term "eligible country" means a nation, other than the United
States, that
(A) becomes a WTO member country after the date of the enactment of the
Uruguay Round Agreements Act;
(B) on such date of enactment is, or after such date of enactment
becomes, a nation adhering to the Berne Convention;
(C) adheres to the WIPO Copyright Treaty; [32]
(D) adheres to the WIPO Performances and Phonograms Treaty; [33] or
(E) after such date of enactment becomes subject to a proclamation under
subsection (g).
(4) The term "reliance party" means any person who-
(A) with respect to a particular work, engages in acts, before the
source country of that work becomes an eligible country, which would
have violated section 106 if the restored work had been subject to
copyright protection, and who, after the source country becomes an
eligible country, continues to engage in such acts;
(B) before the source country of a particular work becomes an eligible
country, makes or acquires 1 or more copies or phonorecords of that
work; or
(C) as the result of the sale or other disposition of a derivative work
covered under subsection (d)(3), or significant assets of a person
described in subparagraph (A) or (B), is a successor, assignee, or
licensee of that person.
(5) The term "restored copyright" means copyright in a restored work
under this section.
(6) The term "restored work" means an original work of authorship that-
(A) is protected under subsection (a);
(B) is not in the public domain in its source country through expiration
of term of protection;
(C) is in the public domain in the United States due to-
(i) noncompliance with formalities imposed at any time by United States
copyright law, including failure of renewal, lack of proper notice, or
failure to comply with any manufacturing requirements;
(ii) lack of subject matter protection in the case of sound recordings
fixed before February 15, 1972; or
(iii) lack of national eligibility;
(D) has at least one author or rightholder who was, at the time the work
was created, a national or domiciliary of an eligible country, and if
published, was first published in an eligible country and not published
in the United States during the 30-day period following publication in
such eligible country; and
(E) if the source country for the work is an eligible country solely by
virtue of its adherence to the WIPO Performances and Phonograms Treaty,
is a sound recording. [34]
(7) The term "rightholder" means the person-
(A) who, with respect to a sound recording, first fixes a sound
recording with authorization, or
(B) who has acquired rights from the person described in subparagraph
(A) by means of any conveyance or by operation of law.
(8) The "source country" of a restored work is-
(A) a nation other than the United States;
(B) in the case of an unpublished work-
(i) the eligible country in which the author or rightholder is a
national or domiciliary, or, if a restored work has more than 1 author
or rightholder, of which the majority of foreign authors or rightholders
are nationals or domiciliaries; or
(ii) if the majority of authors or rightholders are not foreign, the
nation other than the United States which has the most significant
contacts with the work; and
(C) in the case of a published work-
(i) the eligible country in which the work is first published, or
(ii) if the restored work is published on the same day in 2 or more
eligible countries, the eligible country which has the most significant
contacts with the work.
Section 105. Subject matter of copyright: United States Government
works [35]Copyright protection under this title is not available for any work of
the United States Government, but the United States Government is not
precluded from receiving and holding copyrights transferred to it by
assignment, bequest, or otherwise.
Section 106. Exclusive rights in copyrighted works [36]
Subject to sections 107 through 121, the owner of copyright under this
title has the exclusive rights to do and to authorize any of the
following:
(1) to reproduce the copyrighted work in copies or phonorecords;
(2) to prepare derivative works based upon the copyrighted work;
(3) to distribute copies or phonorecords of the copyrighted work to the
public by sale or other transfer of ownership, or by rental, lease, or
lending;
(4) in the case of literary, musical, dramatic, and choreographic works,
pantomimes, and motion pictures and other audiovisual works, to perform
the copyrighted work publicly;
(5) in the case of literary, musical, dramatic, and choreographic works,
pantomimes, and pictorial, graphic, or sculptural works, including the
individual images of a motion picture or other audiovisual work, to
display the copyrighted work publicly; and
(6) in the case of sound recordings, to perform the copyrighted work
publicly by means of a digital audio transmission.
Section 106A. Rights of certain authors to attribution and integrity [37]
(a) Rights of Attribution and Integrity. Subject to section 107 and
independent of the exclusive rights provided in section 106, the author
of a work of visual art
(1) shall have the right-
(A) to claim authorship of that work, and
(B) to prevent the use of his or her name as the author of any work of
visual art which he or she did not create;
(2) shall have the right to prevent the use of his or her name as the
author of the work of visual art in the event of a distortion,
mutilation, or other modification of the work which would be prejudicial
to his or her honor or reputation; and
(3) subject to the limitations set forth in section 113(d), shall have
the right-
(A) to prevent any intentional distortion, mutilation, or other
modification of that work which would be prejudicial to his or her honor
or reputation, and any intentional distortion, mutilation, or
modification of that work is a violation of that right, and
(B)
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