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17 U.S.C. § 901 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
**(a)** As used in this chapter—
(1) a “semiconductor chip product” is the final or intermediate form of any product—
(A) having two or more layers of metallic, insulating, or semiconductor material, deposited or otherwise placed on, or etched away or otherwise removed from, a piece of semiconductor material in accordance with a predetermined pattern; and
(B) intended to perform electronic circuitry functions;
(2) a “mask work” is a series of related images, however fixed or encoded—
(A) having or representing the predetermined, three-dimensional pattern of metallic, insulating, or semiconductor material present or removed from the layers of a semiconductor chip product; and
(B) in which series the relation of the images to one another is that each image has the pattern of the surface of one form of the semiconductor chip product;
(3) a mask work is “fixed” in a semiconductor chip product when its embodiment in the product is sufficiently permanent or stable to permit the mask work to be perceived or reproduced from the product for a period of more than transitory duration;
(4) to “distribute” means to sell, or to lease, bail, or otherwise transfer, or to offer to sell, lease, bail, or otherwise transfer;
(5) to “commercially exploit” a mask work is to distribute to the public for commercial purposes a semiconductor chip product embodying the mask work; except that such term includes an offer to sell or transfer a semiconductor chip product only when the offer is in writing and occurs after the mask work is fixed in the semiconductor chip product;
(6) the “owner” of a mask work is the person who created the mask work, the legal representative of that person if that person is deceased or under a legal incapacity, or a party to whom all the rights under
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Source file: Laws/federal/codes/united-states-code/title-17/section-901-definitions--20d4e3f0c4.md
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Source location: Title 17, Chapter 9, § 901; chapter-009-protection-of-semiconductor-chip-products.md
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**(a)** As used in this chapter—
(1) a “semiconductor chip product” is the final or intermediate form of any product—
(A) having two or more layers of metallic, insulating, or semiconductor material, deposited or otherwise placed on, or etched away or otherwise removed from, a piece of semiconductor material in accordance with a predetermined pattern; and
(B) intended to perform electronic circuitry functions;
(2) a “mask work” is a series of related images, however fixed or encoded—
(A) having or representing the predetermined, three-dimensional pattern of metallic, insulating, or semiconductor material present or removed from the layers of a semiconductor chip product; and
(B) in which series the relation of the images to one another is that each image has the pattern of the surface of one form of the semiconductor chip product;
(3) a mask work is “fixed” in a semiconductor chip product when its embodiment in the product is sufficiently permanent or stable to permit the mask work to be perceived or reproduced from the product for a period of more than transitory duration;
(4) to “distribute” means to sell, or to lease, bail, or otherwise transfer, or to offer to sell, lease, bail, or otherwise transfer;
(5) to “commercially exploit” a mask work is to distribute to the public for commercial purposes a semiconductor chip product embodying the mask work; except that such term includes an offer to sell or transfer a semiconductor chip product only when the offer is in writing and occurs after the mask work is fixed in the semiconductor chip product;
(6) the “owner” of a mask work is the person who created the mask work, the legal representative of that person if that person is deceased or under a legal incapacity, or a party to whom all the rights under this chapter of such person or representative are transferred in accordance with section 903(b); except that, in the case of a work made within the scope of a person’s employment, the owner is the employer for whom the person created the mask work or a party to whom all the rights under this chapter of the employer are transferred in accordance with section 903(b);
(7) an “innocent purchaser” is a person who purchases a semiconductor chip product in good faith and without having notice of protection with respect to the semiconductor chip product;
(8) having “notice of protection” means having actual knowledge that, or reasonable grounds to believe that, a mask work is protected under this chapter; and
(9) an “infringing semiconductor chip product” is a semiconductor chip product which is made, imported, or distributed in violation of the exclusive rights of the owner of a mask work under this chapter.
**(b)** For purposes of this chapter, the distribution or importation of a product incorporating a semiconductor chip product as a part thereof is a distribution or importation of that semiconductor chip product.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Subject to the provisions of subsection (b), a mask work fixed in a semiconductor chip product, by or under the authority of the owner of the mask work, is eligible for protection under this chapter if—
(A) on the date on which the mask work is registered under section 908, or is first commercially exploited anywhere in the world, whichever occurs first, the owner of the mask work is (i) a national or domiciliary of the United States, (ii) a national, domiciliary, or sovereign authority of a foreign nation that is a party to a treaty affording protection to mask works to which the United States is also a party, or (iii) a stateless person, wherever that person may be domiciled;
(B) the mask work is first commercially exploited in the United States; or
(C) the mask work comes within the scope of a Presidential proclamation issued under paragraph (2).
(2) Whenever the President finds that a foreign nation extends, to mask works of owners who are nationals or domiciliaries of the United States protection (A) on substantially the same basis as that on which the foreign nation extends protection to mask works of its own nationals and domiciliaries and mask works first commercially exploited in that nation, or (B) on substantially the same basis as provided in this chapter, the President may by proclamation extend protection under this chapter to mask works (i) of owners who are, on the date on which the mask works are registered under section 908, or the date on which the mask works are first commercially exploited anywhere in the world, whichever occurs first, nationals, domiciliaries, or sovereign authorities of that nation, or (ii) which are first commercially exploited in that nation. The President may revise, suspend, or revoke any such proclamati
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Notwithstanding the conditions set forth in subparagraphs (A) and (C) of section 902(a)(1) with respect to the availability of protection under this chapter to nationals, domiciliaries, and sovereign authorities of a foreign nation, the Secretary of Commerce may, upon the petition of any person, or upon the Secretary’s own motion, issue an order extending protection under this chapter to such foreign nationals, domiciliaries, and sovereign authorities if the Secretary finds—
(1) that the foreign nation is making good faith efforts and reasonable progress toward—
(A) entering into a treaty described in section 902(a)(1)(A); or
(B) enacting or implementing legislation that would be in compliance with subparagraph (A) or (B) of section 902(a)(2); and
(2) that the nationals, domiciliaries, and sovereign authorities of the foreign nation, and persons controlled by them, are not engaged in the misappropriation, or unauthorized distribution or commercial exploitation, of mask works; and
(3) that issuing the order would promote the purposes of this chapter and international comity with respect to the protection of mask works.
**(b)** While an order under subsection (a) is in effect with respect to a foreign nation, no application for registration of a claim for protection in a mask work under this chapter may be denied solely because the owner of the mask work is a national, domiciliary, or sovereign authority of that foreign nation, or solely because the mask work was first commercially exploited in that foreign nation.
**(c)** Any order issued by the Secretary of Commerce under subsection (a) shall be effective for such period as the Secretary designates in the order, except that no such order may be effective after the date on which the authority of the Se
Source: Supplied U.S. Code snapshot — release unconfirmed · 17 U.S.C. § 914
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Federal law — U.S. Code and appendices · legal_authorities
Page 203
TITLE 17—COPYRIGHTS
§ 901
EFFECTIVE DATE OF 2006 AMENDMENT
Amendment by Pub. L. 109–303 effective as if included
in the Copyright Royalty and Distribution Reform Act
of 2004, Pub. L. 108–419, see section 6 of Pub. L. 109–303,
set out as a note under section 111 of this title.
§ 805. General rule for voluntarily negotiated
agreements
Any rates or terms under this title that—
(1) are agreed to by participants to a pro-
ceeding under section 803(b)(3),
(2) are adopted by the Copyright Royalty
Judges as part of a determination under this
chapter, and
(3) are in effect for a period shorter than
would otherwise apply under a determination
pursuant to this chapter,
shall remain in effect for such period of time as
would otherwise apply under such determina-
tion, except that the Copyright Royalty Judges
shall adjust the rates pursuant to the voluntary
negotiations to reflect national monetary infla-
tion during the additional period the rates re-
main in effect.
(Added Pub. L. 108–419, § 3(a), Nov. 30, 2004, 118
Stat. 2360.)
Editorial Notes
PRIOR PROVISIONS
Prior sections 805 to 810 were repealed by Pub. L.
103–198, § 2(e), Dec. 17, 1993, 107 Stat. 2308.
Section 805, Pub. L. 94–553, title I, § 101, Oct. 19, 1976,
90 Stat. 2598, related to staff of Copyright Royalty Tri-
bunal.
Section 806, Pub. L. 94–553, title I, § 101, Oct. 19, 1976,
90 Stat. 2598, related to administrative support of Tri-
bunal.
Section 807, Pub. L. 94–553, title I, § 101, Oct. 19, 1976,
90 Stat. 2598, related to deduction of costs of pro-
ceedings involving distribution of royalty fees.
Section 808, Pub. L. 94–553, title I, § 101, Oct. 19, 1976,
90 Stat. 2598, related to reporting requirements of the
Tribunal.
Section 809, Pub. L. 94–553, title I, § 101, Oct. 19, 197
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