Transcription

Copyright LawUnited StatesOF THEand Related Laws Contained inTitle 17 of the United States Code

circular92Copyright Law of the United Statesand Related Laws Contained in Tıtle 17 of the United States Codem ay 2 0 2 1

The Congress shall have Power To promote the Progress of Scienceand useful Arts, by securing for limited Tımes to Authors and Inventorsthe exclusive Right to their respective Writings and Discoveries.united states constitution , article i , section8

D edicationThis edition of Copyright Law of the United States is dedicated to thethousands of U.S. Copyright Office employees who, since copyrightadministration was first brought into the Copyright Office in 1870, haveworked tirelessly to fulfill copyright’s Constitutional mandate.

PrefaceThis publication contains the text of Title 17 of the United States Code, includingall amendments enacted by Congress through December 27, 2020. It includesthe Copyright Act of 1976 and all subsequent amendments to copyright law; theSemiconductor Chip Protection Act of 1984, as amended; and the Vessel HullDesign Protection Act, as amended. The Copyright Office is responsible for registering intellectual property claims under all three.The United States copyright law is contained in chapters 1 through 8 and10 through 12 of Title 17 of the United States Code. The Copyright Act of 1976,which provides the basic framework for the current copyright law, was enactedon October 19, 1976, as Pub. L. No. 94-553, 90 Stat. 2541. The 1976 Act was acomprehensive revision of the copyright law in Title 17. Listed below in chronological order of their enactment are the Copyright Act of 1976 and subsequentamendments to Title 17.Chapters 9 and 13 of Title 17 contain two types of design protection that areindependent of copyright protection. Chapter 9 of Title 17 is the SemiconductorChip Protection Act of 1984 (SCPA), as amended. The SCPA was enacted as TitleIII of Pub. L. No. 98-620, 98 Stat. 3335, 3347, on November 8, 1984. Chapter 13of Title 17 is the Vessel Hull Design Protection Act (VHDPA), as amended. TheVHDPA was enacted on October 28, 1998, as Title V of the Digital MillenniumCopyright Act (DMCA), Pub. L. No. 105-304, 112 Stat. 2860, 2905. Subsequentamendments to the Title 17 provisions for SCPA and the VHDPA are also includedin the list below, in chronological order of their enactment.In some cases, statutory enactments affecting copyright law are not codified inTitle 17. For transitional and supplementary provisions that do not amend Title17, see the appendices.This edition adds copyright legislation enacted since the last printed editionof the circular in June 2020: provisions in the Consolidated Appropriations Act,2021, that added section 2319C to Title 18, United States Code, regarding criminal penalties for copyright infringement, and a new chapter 15 to Title 17, theCopyright Alternative in Small-Claims Enforcement (CASE) Act of 2020. Thislegislation was signed into law in December 2020.Shira PerlmutterRegister of Copyrights and Director of the United States Copyright Office

PrefaceStatutory Enactments Contained in Title 17 of the United States Code [Copyright Act of 1976], Pub. L. No. 94-553, 90 Stat. 2541 (for the generalrevision of copyright law, Title 17 of the United States Code, and for otherpurposes), October 19, 1976. Legislative Branch Appropriation Act, 1978, Pub. L. No. 95-94, 91 Stat. 653, 682(amending §203 and §708, Title 17, United States Code, regarding the depositof moneys by the Register of Copyrights in the Treasury of the United States),enacted August 5, 1977. [Copyright Amendments], Pub. L. No. 95-598, 92 Stat. 2549, 2676 (amending§201(e), Title 17, United States Code, to permit involuntary transfer under theBankruptcy Law), enacted November 6, 1978. [Copyright Amendments], Pub. L. No. 96-517, 94 Stat. 3015, 3028 (amending§101 and §117, Title 17, United States Code, regarding computer programs),enacted December 12, 1980. Piracy and Counterfeiting Amendments Act of 1982, Pub. L. No. 97-180, 96Stat. 91, 93 (amending §506(a), Title 17, United States Code, and Title 18 of theUnited States Code), enacted May 24, 1982. [Copyright Amendments], Pub. L. No. 97-215, 96 Stat. 178 (amending themanufacturing clause in chapter 6, Title 17, United States Code), enacted July13, 1982. [Copyright Amendments], Pub. L. No. 97-366, 96 Stat. 1759 (amending §110and §708, Title 17, United States Code, regarding the redesignation of registration fees as filing fees, and the exemption from copyright liability of certainperformances of nondramatic literary or musical works), enacted October25, 1982. Record Rental Amendment of 1984, Pub. L. No. 98-450, 98 Stat. 1727 (amending §109 and §115, Title 17, United States Code, with respect to rental, lease, orlending of sound recordings), enacted October 4, 1984. Semiconductor Chip Protection Act of 1984, Title III of Pub. L. No. 98-620,98 Stat. 3335, 3347 (adding chapter 9, Title 17, United States Code, to providedesign protection for semiconductor chips), November 8, 1984. [Copyright Amendments], Pub. L. No. 99-397, 100 Stat. 848 (amending §111and §801, Title 17, United States Code, to clarify the definition of the local service area of a primary transmitter in the case of a low power television station),enacted on August 27, 1986. [Amendments to the Semiconductor Chip Protection Act of 1984], Pub. L.No. 100-159, 101 Stat. 899 (amending chapter 9, Title 17, United States Code,viiiCopyright Law of the United States

Prefaceregarding protection extended to semiconductor chip products of foreignentities), enacted November 9, 1987. Berne Convention Implementation Act of 1988, Pub. L. No. 100-568, 102 Stat.2853, enacted October 31, 1988. (See Appendix Q for certain provisions of thisAct that do not amend Title 17 of the United States Code.) [Copyright Amendments], Pub. L. No. 100-617, 102 Stat. 3194 (extending foran additional eight-year period certain provisions of Title 17, United StatesCode, relating to the rental of sound recordings and for other purposes),enacted November 5, 1988. Satellite Home Viewer Act of 1988, Title II of Pub. L. No. 100-667, 102 Stat.3935, 3949, enacted November 16, 1988. Judicial Improvements and Access to Justice Act, Pub. L. No. 100-702, 102 Stat.4642, 4672 (amending §912, Title 17, United States Code), enacted November19, 1988. Copyright Fees and Technical Amendments Act of 1989, Pub. L. No. 101-318,104 Stat. 287, enacted on July 3, 1990. Copyright Royalty Tribunal Reform and Miscellaneous Pay Act of 1989, Pub.L. No. 101-319, 104 Stat. 290, enacted July 3, 1990. Copyright Remedy Clarification Act, Pub. L. No. 101-553, 104 Stat. 2749, enacted November 15, 1990. Visual Artists Rights Act of 1990, Title VI of the Judicial Improvements Act of1990, Pub. L. No. 101-650, 104 Stat. 5089, 5128, enacted December 1, 1990. Architectural Works Copyright Protection Act, Title VII of the Judicial Improvements Act of 1990, Pub. L. No. 101-650, 104 Stat. 5089, 5133, enacted December 1, 1990. Computer Software Rental Amendments Act of 1990, Title VIII of the JudicialImprovements Act of 1990, Pub. L. No. 101-650, 104 Stat 5089, 5134, enactedDecember 1, 1990. Semiconductor International Protection Extension Act of 1991, Pub. L. No.102-64, 105 Stat. 320 (amending chapter 9, Title 17, United States Code, regarding protection extended to semiconductor chip products of foreign entities),enacted June 28, 1991. Copyright Amendments Act of 1992, Pub. L. No. 102-307, 106 Stat. 264, 272(amending chapter 3, Title 17, United States Code, as described immediatelybelow and by deleting subsection 108(i)), enacted June 26, 1992. (Also, throughan independent provision that does not amend Title 17 of the United StatesCode, the Act established the National Film Registry under Title II, which isthe National Film Preservation Act of 1992.)Copyright Law of the United Statesix

Preface Copyright Renewal Act of 1992, Title I of the Copyright Amendments Act of1992, Pub. L. No. 102-307, 106 Stat. 264 (amending chapter 3, Title 17, UnitedStates Code, by providing for automatic renewal of copyright for workscopyrighted between January 1, 1964, and December 31, 1977), enacted June26, 1992. [Copyright Amendments], Pub. L. No. 102-492, 106 Stat. 3145 (amending §107,Title 17, United States Code, regarding unpublished works), enacted Oct ober24, 1992. [Copyright Amendments], Pub. L. No. 102-561, 106 Stat. 4233 (amending§2319, Title 18, United States Code, regarding criminal penalties for copyrightinfringement), enacted October 28, 1992. Audio Home Recording Act of 1992, Pub. L. No. 102-563, 106 Stat. 4237 (amen ding Title 17 of the United States Code by adding a new chapter 10), enactedOctober 28, 1992. North American Free Trade Agreement Implementation Act, Pub. L. No. 103182, 107 Stat. 2057, 2114 and 2115 (amending §109, Title 17, United States Code,and adding a new §104A), enacted December 8, 1993. Copyright Royalty Tribunal Reform Act of 1993, Pub. L. No. 103-198, 107 Stat.2304 (amending, inter alia, chapter 8, Title 17, United States Code), enactedDecember 17, 1993. Satellite Home Viewer Act of 1994, Pub. L. No. 103-369, 108 Stat. 3477(amending, inter alia, §111 and §119, Title 17, United States Code, relating to thedefinition of a local service area of a primary transmitter), enacted October18, 1994. Uruguay Round Agreements Act, Pub. L. No. 103-465, 108 Stat. 4809, 4973(amending, inter alia, §104, Title 17, United States Code, and adding a newchapter 11), enacted December 8, 1994. (See Appendix R for the text of certainprovisions of this Act that do not amend Title 17 of the United States Code.) Digital Performance Right in Sound Recordings Act of 1995, Pub. L. No. 10439, 109 Stat. 336 (amending, inter alia, §114 and §115, Title 17, United StatesCode), enacted November 1, 1995. Anticounterfeiting Consumer Protection Act of 1996, Pub. L. No. 104-153, 110Stat. 1386, 1388 (amending §603(c), Title 17, United States Code, and §2318,Title 18, United States Code), enacted July 2, 1996. Legislative Branch Appropriations Act, 1997, Pub. L. No. 104-197, 110 Stat. 2394,2416 (amending, inter alia, Title 17, United States Code, by adding a new §121concerning the limitation on exclusive copyrights for literary works in specialized format for the blind and disabled), enacted September 16, 1996.xCopyright Law of the United States

Preface [Copyright Amendments and Amendments to the Semiconductor ChipProtection Act of 1984], Pub. L. No. 105-80, 111 Stat. 1529 (making technicalamendments to certain provisions of Title 17, United States Code), enactedNovember 13, 1997. No Electronic Theft (NET) Act, Pub. L. No. 105-147, 111 Stat. 2678, enactedDecember 16, 1997. Sonny Bono Copyright Term Extension Act, Title I of Pub. L. No. 105-298, 112Stat. 2827 (amending chapter 3, Title 17, United States Code, to extend the termof copyright protection for most works to life plus 70 years), enacted October27, 1998. Fairness in Music Licensing Act of 1998, Title II of Pub. L. No. 105-298, 112 Stat.2827, 2830 (amending, inter alia, §110, Title 17, United States Code, and adding§513 to provide a music licensing exemption for food service and drinkingestablishments), enacted October 27, 1998. Digital Millennium Copyright Act, Pub. L. No. 105-304, 112 Stat. 2860, 2887(Title IV amending §108, §112, §114, chapter 7, and chapter 8, Title 17, UnitedStates Code), enacted October 28, 1998. (This Act also contains four separateacts within Titles I, II, III, and V that amended Title 17 of the United StatesCode. These four acts are each separately listed below. See Appendix B foradditional provisions of this Act that do not amend Title 17 of the UnitedStates Code.) WIPO Copyright and Performances and Phonograms Treaties Implementation Act of 1998, Title I of the Digital Millennium Copyright Act, Pub. L. No.105-304, 112 Stat. 2860, 2861 (amending Title 17 of the United States Code,inter alia, to add a new chapter 12 which prohibits circumvention of copyright protection systems and provides protection for copyright managementinformation), enacted October 28, 1998. Online Copyright Infringement Liability Limitation Act, Title II of the DigitalMillennium Copyright Act, Pub. L. No. 105-304, 112 Stat. 2860, 2877 (amending Title 17 of the United States Code to add a new §512), enacted October28, 1998. Computer Maintenance Competition Assurance Act, Title III of the DigitalMillennium Copyright Act, Pub. L. No. 105-304, 112 Stat. 2860, 2886 (amending §117, Title 17, United States Code), enacted October 28, 1998. Vessel Hull Design Protection Act, Title V of the Digital Millennium CopyrightAct, Pub. L. No. 105-304, 112 Stat. 2860, 2905 (adding chapter 13, Title 17, UnitedStates Code, to provide design protection for vessel hulls), enacted October28, 1998.Copyright Law of the United Statesxi

Preface [Copyright Amendments and Amendments to the Vessel Hull Design Protection Act], Pub. L. No. 106-44, 113 Stat. 221 (making technical corrections toTitle 17 of the United States Code), enacted August 5, 1999. Satellite Home Viewer Improvement Act of 1999, Title I of the IntellectualProperty and Communications Omnibus Reform Act of 1999, Pub. L. No. 106113, 113 Stat. 1501, app. I (amending chapters 1 and 5 of Title 17 of the UnitedStates Code to replace the Satellite Home Viewer Act of 1994 and amendingchapters 12 and 13 of Title 17), enacted November 29, 1999. Digital Theft Deterrence and Copyright Damages Improvement Act of 1999,Pub. L. No. 106-160, 113 Stat 1774, (amending chapter 5 of Title 17 of the UnitedStates Code to increase statutory damages for copyright infringement), enactedDecember 9, 1999. Work Made for Hire and Copyright Corrections Act of 2000, Pub. L. No. 106379, 114 Stat. 1444 (amending the definition of works made for hire in Title 17of the United States Code; amending chapter 7 of Title 17, including changingthe language regardin

ding Title 17 of the United States Code by adding a new chapter 10), enacted October 28, 1992. North American Free Trade Agreement Implementation Act, Pub. L. No. 103-182, 107 Stat. 2057, 2114 and 2115 (amending §109, Title 17, United States Code,