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Federal law — U.S. Code and appendices · legal_authorities
Except as otherwise provided in this title, as used in this title, the following terms and their variant forms mean the following:
Source: Supplied U.S. Code snapshot — release unconfirmed · 17 U.S.C. § 101
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Stable record: federal_law:legal_authorities:record_usc_0dccf87e444604067ffa8046
Source file: Laws/federal/codes/united-states-code/title-17/section-101-definitions--c0ac5fec4a.md
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Source location: Title 17, Chapter 1, § 101; chapter-001-subject-matter-and-scope-of-copyright.md
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Commission, by affirmative vote of at least four members of the Commission, and pursuant to its rules and regulations and consistent with all pertinent provisions of any Federal statute shall promulgate and distribute to all courts of the United States and to the United States Probation System— (1) guidelines, as described in this section, for use of a sentencing court in determining the sentence to be imposed in a criminal case, including— (A) a determination whether to impose a sentence to probation, a fine, or a term of imprisonment; (B) a determination as to the appropriate amount of a fine or the appropriate length of a term of probation or a term of imprisonment; (C) a determination whether a sentence to a term of imprisonment should include a requirement that the defendant be placed on a term of supervised release after imprisonment, and, if so, the appropriate length of such a term; (D) a determination whether multiple sentences to terms of imprisonment should be ordered to run concurrently or consecutively; and (E) a determination under paragraphs (6) and (11) 11 See References in Text note below. of [section 3563(b) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3563/b&num=0&edition=prelim); (2) general policy statements regarding application of the guidelines or any other aspect of sentencing or sentence implementation that in the view of the Commission would further the purposes set forth in [section 3553(a)(2) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3553/a/2&num=0&edition=prelim), United States Code, including the appropriate use of— (A) the sanctions set forth in sections 3554, 3555, and 3556 of title 18; (B) the conditions of proba
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 994
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Assumption of Obligations.—** (1) In the case of a transfer of copyright ownership under United States law in a motion picture (as the terms “transfer of copyright ownership” and “motion picture” are defined in [section 101 of title 17](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title17-section101&num=0&edition=prelim)) that is produced subject to 1 or more collective bargaining agreements negotiated under the laws of the United States, if the transfer is executed on or after the effective date of this chapter and is not limited to public performance rights, the transfer instrument shall be deemed to incorporate the assumption agreements applicable to the copyright ownership being transferred that are required by the applicable collective bargaining agreement, and the transferee shall be subject to the obligations under each such assumption agreement to make residual payments and provide related notices, accruing after the effective date of the transfer and applicable to the exploitation of the rights transferred, and any remedies under each such assumption agreement for breach of those obligations, as those obligations and remedies are set forth in the applicable collective bargaining agreement, if— (A) the transferee knows or has reason to know at the time of the transfer that such collective bargaining agreement was or will be applicable to the motion picture; or (B) in the event of a court order confirming an arbitration award against the transferor under the collective bargaining agreement, the transferor does not have the financial ability to satisfy the award within 90 days after the order is issued. (2) For purposes of paragraph (1)(A), “knows or has reason to know” means any of the following: (A) Actual knowledge that the coll
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 4001
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** (1) 11 So in original. No par. (2) has been enacted. Whoever, in any of the circumstances described in subsection (c), knowingly traffics in— (A) a counterfeit label or illicit label affixed to, enclosing, or accompanying, or designed to be affixed to, enclose, or accompany— (i) a phonorecord; (ii) a copy of a computer program; (iii) a copy of a motion picture or other audiovisual work; (iv) a copy of a literary work; (v) a copy of a pictorial, graphic, or sculptural work; (vi) a work of visual art; or (vii) documentation or packaging; or (B) counterfeit documentation or packaging, shall be fined under this title or imprisoned for not more than 5 years, or both. **(b)** As used in this section— (1) the term “counterfeit label” means an identifying label or container that appears to be genuine, but is not; (2) the term “traffic” has the same meaning as in [section 2320(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2320/f&num=0&edition=prelim); (3) the terms “copy”, “phonorecord”, “motion picture”, “computer program”, “audiovisual work”, “literary work”, “pictorial, graphic, or sculptural work”, “sound recording”, “work of visual art”, and “copyright owner” have, respectively, the meanings given those terms in section 101 (relating to definitions) of title 17; (4) the term “illicit label” means a genuine certificate, licensing document, registration card, or similar labeling component— (A) that is used by the copyright owner to verify that a phonorecord, a copy of a computer program, a copy of a motion picture or other audiovisual work, a copy of a literary work, a copy of a pictorial, graphic, or sculptural work, a work of visual art, or documentation or packaging
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 2318
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Making of Additional Copy or Adaptation by Owner of Copy.—** Notwithstanding the provisions of section 106, it is not an infringement for the owner of a copy of a computer program to make or authorize the making of another copy or adaptation of that computer program provided: (1) that such a new copy or adaptation is created as an essential step in the utilization of the computer program in conjunction with a machine and that it is used in no other manner, or (2) that such new copy or adaptation is for archival purposes only and that all archival copies are destroyed in the event that continued possession of the computer program should cease to be rightful. **(b) Lease, Sale, or Other Transfer of Additional Copy or Adaptation.—** Any exact copies prepared in accordance with the provisions of this section may be leased, sold, or otherwise transferred, along with the copy from which such copies were prepared, only as part of the lease, sale, or other transfer of all rights in the program. Adaptations so prepared may be transferred only with the authorization of the copyright owner. **(c) Machine Maintenance or Repair.—** Notwithstanding the provisions of section 106, it is not an infringement for the owner or lessee of a machine to make or authorize the making of a copy of a computer program if such copy is made solely by virtue of the activation of a machine that lawfully contains an authorized copy of the computer program, for purposes only of maintenance or repair of that machine, if— (1) such new copy is used in no other manner and is destroyed immediately after the maintenance or repair is completed; and (2) with respect to any computer program or part thereof that is not necessary for that machine to be activated, such program or part thereof is not acce
Source: Supplied U.S. Code snapshot — release unconfirmed · 17 U.S.C. § 117
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Notwithstanding the limitations under [section 105 of title 17](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title17-section105&num=0&edition=prelim), the Secretary may 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 may authorize the reproduction and publication thereof by others. **(b)** The publication or republication by the Government under this chapter, either separately or in a public document, of any material in which copyright is subsisting shall not be taken to cause any abridgment or annulment of the copyright or to authorize any use or appropriation of such material without the consent of the copyright proprietor.
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 290e
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General rule** For purposes of this subtitle, the term “personal holding company income” means the portion of the adjusted ordinary gross income which consists of: (1) **Dividends, etc.** — Dividends, interest, royalties (other than mineral, oil, or gas royalties or copyright royalties), and annuities. This paragraph shall not apply to— (A) interest constituting rent (as defined in subsection (b)(3)), (B) interest on amounts set aside in a reserve fund under chapter 533 or 535 of title 46, United States Code, (C) dividends received by a United States shareholder (as defined in section 951(b)) from a controlled foreign corporation (as defined in section 957(a)), (D) active business computer software royalties (within the meaning of subsection (d)), and (E) interest received by a broker or dealer (within the meaning of section 3(a)(4) or (5) of the Securities and Exchange Act of 1934) in connection with— (i) any securities or money market instruments held as property described in section 1221(a)(1), (ii) margin accounts, or (iii) any financing for a customer secured by securities or money market instruments. (2) **Rents** — The adjusted income from rents; except that such adjusted income shall not be included if— (A) such adjusted income constitutes 50 percent or more of the adjusted ordinary gross income, and (B) the sum of— (i) the dividends paid during the taxable year (determined under section 562), (ii) the dividends considered as paid on the last day of the taxable year under section 563(c) (as limited by the second sentence of section 563(b)), and (iii) the consent dividends for the taxable year (determined under section 565), equals or exceeds the amount, if any, by which the personal holding company inc
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 543
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Unlawful activities; covered industries; definitions** (1) Subject to paragraph (2), the following are unlawful, and when found by the Commission to exist shall be dealt with, in addition to any other provision of law, as provided in this section: (A) Unfair methods of competition and unfair acts in the importation of articles (other than articles provided for in subparagraphs (B), (C), (D), and (E)) into the United States, or in the sale of such articles by the owner, importer, or consignee, the threat or effect of which is— (i) to destroy or substantially injure an industry in the United States; (ii) to prevent the establishment of such an industry; or (iii) to restrain or monopolize trade and commerce in the United States. (B) The importation into the United States, the sale for importation, or the sale within the United States after importation by the owner, importer, or consignee, of articles that— (i) infringe a valid and enforceable United States patent or a valid and enforceable United States copyright registered under title 17; or (ii) are made, produced, processed, or mined under, or by means of, a process covered by the claims of a valid and enforceable United States patent. (C) The importation into the United States, the sale for importation, or the sale within the United States after importation by the owner, importer, or consignee, of articles that infringe a valid and enforceable United States trademark registered under the Trademark Act of 1946 [[15 U.S.C. 1051](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1051&num=0&edition=prelim) et seq.]. (D) The importation into the United States, the sale for importation, or the sale within the United States after importation by the owner, i
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1337
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Federal law — U.S. Code and appendices · legal_authorities
(1) Any person who shall, without the consent of the registrant— (a) use in commerce any reproduction, counterfeit, copy, or colorable imitation of a registered mark in connection with the sale, offering for sale, distribution, or advertising of any goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive; or (b) reproduce, counterfeit, copy, or colorably imitate a registered mark and apply such reproduction, counterfeit, copy, or colorable imitation to labels, signs, prints, packages, wrappers, receptacles or advertisements intended to be used in commerce upon or in connection with the sale, offering for sale, distribution, or advertising of goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive, shall be liable in a civil action by the registrant for the remedies hereinafter provided. Under subsection (b) hereof, the registrant shall not be entitled to recover profits or damages unless the acts have been committed with knowledge that such imitation is intended to be used to cause confusion, or to cause mistake, or to deceive. As used in this paragraph, the term “any person” includes the United States, all agencies and instrumentalities thereof, and all individuals, firms, corporations, or other persons acting for the United States and with the authorization and consent of the United States, and 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. The United States, all agencies and instrumentalities thereof, and all individuals, firms, corporations, other persons acting for the United States and with the authorization and consent of the Un
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1114
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes Section, Pub. L. 94–553, title I, § 101, Oct. 19, 1976, 90 Stat. 2588; Pub. L. 97–215, July 13, 1982, 96 Stat. 178; Pub. L. 105–80, § 12(a)(15), (16), Nov. 13, 1997, 111 Stat. 1535; Pub. L. 110–403, title I, § 105(c)(2), Oct. 13, 2008, 122 Stat. 4260, related to manufacture, importation, and public distribution of certain copies of nondramatic English-language literary material protected under this title.
Source: Supplied U.S. Code snapshot — release unconfirmed · 17 U.S.C. § 601
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Unpublished Works.—** The works specified by sections 102 and 103, while unpublished, are subject to protection under this title without regard to the nationality or domicile of the author. **(b) Published Works.—** The works specified by sections 102 and 103, when published, are subject to protection under this title if— (1) on the date of first publication, one or more of the authors is a national or domiciliary of the United States, or is a national, domiciliary, or sovereign authority of a treaty party, or is a stateless person, wherever that person may be domiciled; or (2) the work is first published in the United States or in a foreign nation that, on the date of first publication, is a treaty party; or (3) the work is a sound recording that was first fixed in a treaty party; or (4) the work is a pictorial, graphic, or sculptural work that is incorporated in a building or other structure, or an architectural work that is embodied in a building and the building or structure is located in the United States or a treaty party; or (5) the work is first published by the United Nations or any of its specialized agencies, or by the Organization of American States; or (6) the work comes within the scope of a Presidential proclamation. Whenever the President finds that a particular foreign nation extends, to works by authors who are nationals or domiciliaries of the United States or to works that are first published in the United States, copyright protection on substantially the same basis as that on which the foreign nation extends protection to works of its own nationals and domiciliaries and works first published in that nation, the President may by proclamation extend protection under this title to works of which one or more of the authors is, on the date o
Source: Supplied U.S. Code snapshot — release unconfirmed · 17 U.S.C. § 104
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