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17 U.S.C. § 710 — Emergency relief authority
Federal law — U.S. Code and appendices · legal_authorities
**(a) Emergency Action.—** If, on or before December 31, 2021, the Register of Copyrights determines that a national emergency declared by the President under the National Emergencies Act ([50 U.S.C. 1601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1601&num=0&edition=prelim) et seq.) generally disrupts or suspends the ordinary functioning of the copyright system under this title, or any component thereof, including on a regional basis, the Register may, on a temporary basis, toll, waive, adjust, or modify any timing provision (including any deadline or effective period, except as provided in subsection (c)) or procedural provision contained in this title or chapters II or III of title 37, Code of Federal Regulations, for no longer than the Register reasonably determines to be appropriate to mitigate the impact of the disruption caused by the national emergency. In taking such action, the Register shall consider the scope and severity of the particular national emergency, and its specific effect with respect to the particular provision, and shall tailor any remedy accordingly.
**(b) Notice and Effect.—** Any action taken by the Register in response to a national emergency pursuant to subsection (a) shall not be subject to section 701(e) or subchapter II of chapter 5 of title 5, United States Code, and chapter 7 of title 5, United States Code. The provision of general public notice detailing the action being taken by the Register in response to the national emergency under subsection (a) is sufficient to effectuate such action. The Register may make such action effective both prospectively and retroactively in relation to a particular provision as the Register determines to be appropriate based on the timing, scope, and nature of the publ
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**(a) Emergency Action.—** If, on or before December 31, 2021, the Register of Copyrights determines that a national emergency declared by the President under the National Emergencies Act ([50 U.S.C. 1601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1601&num=0&edition=prelim) et seq.) generally disrupts or suspends the ordinary functioning of the copyright system under this title, or any component thereof, including on a regional basis, the Register may, on a temporary basis, toll, waive, adjust, or modify any timing provision (including any deadline or effective period, except as provided in subsection (c)) or procedural provision contained in this title or chapters II or III of title 37, Code of Federal Regulations, for no longer than the Register reasonably determines to be appropriate to mitigate the impact of the disruption caused by the national emergency. In taking such action, the Register shall consider the scope and severity of the particular national emergency, and its specific effect with respect to the particular provision, and shall tailor any remedy accordingly.
**(b) Notice and Effect.—** Any action taken by the Register in response to a national emergency pursuant to subsection (a) shall not be subject to section 701(e) or subchapter II of chapter 5 of title 5, United States Code, and chapter 7 of title 5, United States Code. The provision of general public notice detailing the action being taken by the Register in response to the national emergency under subsection (a) is sufficient to effectuate such action. The Register may make such action effective both prospectively and retroactively in relation to a particular provision as the Register determines to be appropriate based on the timing, scope, and nature of the public emergency, but any action by the Register may only be retroactive with respect to a deadline that has not already passed before the declaration described in subsection (a).
**(c) Statement Required.—** Except as provided in subsection (d), not later than 20 days after taking any action that results in a provision being modified for a cumulative total of longer than 120 days, the Register shall submit to Congress a statement detailing the action taken, the relevant background, and rationale for the action.
**(d) Exceptions.—** The authority of the Register to act under subsection (a) does not extend 11 So in original. Probably should be followed by “to”. provisions under this title requiring the commencement of an action or proceeding in Federal court within a specified period of time, except that if the Register adjusts the license availability date defined in section 115(e)(15), such adjustment shall not affect the ability to commence actions for any claim of infringement of exclusive rights provided by paragraphs (1) and (3) of section 106 against a digital music provider arising from the unauthorized reproduction or distribution of a musical work by such digital music provider in the course of engaging in covered activities that accrued after January 1, 2018, provided that such action is commenced within the time periods prescribed under section 115(d)(10)(C)(i) or 115(d)(10)(C)(ii) as calculated from the adjusted license availability date. If the Register adjusts the license availability date, the Register must provide the statement to Congress under subsection (c) at the same time as the public notice of such adjustment with a detailed explanation of why such adjustment is needed.
**(e) Copyright Term Exception.—** The authority of the Register to act under subsection (a) does not extend to provisions under chapter 3, except section 304(c), or section 1401(a)(2).
**(f) Other Laws.—** Notwithstanding section 301 of the National Emergencies Act ([50 U.S.C. 1631](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1631&num=0&edition=prelim)), the authority of the Register under subsection (a) is not contingent on a specification made by the President under such section or any other requirement under that Act (other than the emergency declaration under section 201(a) of such Act ([50 U.S.C. 1621(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1621/a&num=0&edition=prelim))). The authority described in this section supersedes the authority of title II of the National Emergencies Act ([50 U.S.C. 1621](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1621&num=0&edition=prelim) et seq.).
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** With respect to Acts of Congress authorizing the exercise, during the period of a national emergency, of any special or extraordinary power, the President is authorized to declare such national emergency. Such proclamation shall immediately be transmitted to the Congress and published in the Federal Register.
**(b)** Any provisions of law conferring powers and authorities to be exercised during a national emergency shall be effective and remain in effect (1) only when the President (in accordance with subsection (a) of this section), specifically declares a national emergency, and (2) only in accordance with this chapter. No law enacted after September 14, 1976, shall supersede this subchapter unless it does so in specific terms, referring to this subchapter, and declaring that the new law supersedes the provisions of this subchapter.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** All powers and authorities possessed by the President, any other officer or employee of the Federal Government, or any executive agency, as defined in [section 105 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section105&num=0&edition=prelim), as a result of the existence of any declaration of national emergency in effect on September 14, 1976, are terminated two years from September 14, 1976. Such termination shall not affect—
(1) any action taken or proceeding pending not finally concluded or determined on such date;
(2) any action or proceeding based on any act committed prior to such date; or
(3) any rights or duties that matured or penalties that were incurred prior to such date.
**(b)** For the purpose of this section, the words “any national emergency in effect” means a general declaration of emergency made by the President.
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Federal law — U.S. Code and appendices · legal_authorities
When the President declares a national emergency, no powers or authorities made available by statute for use in the event of an emergency shall be exercised unless and until the President specifies the provisions of law under which he proposes that he, or other officers will act. Such specification may be made either in the declaration of a national emergency, or by one or more contemporaneous or subsequent Executive orders published in the Federal Register and transmitted to the Congress.
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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:
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Fees.—** Fees shall be paid to the Register of Copyrights—
(1) on filing each application under section 408 for registration of a copyright claim or for a supplementary registration, including the issuance of a certificate of registration if registration is made;
(2) on filing each application for registration of a claim for renewal of a subsisting copyright under section 304(a), including the issuance of a certificate of registration if registration is made;
(3) for the issuance of a receipt for a deposit under section 407;
(4) for the recordation, as provided by section 205, of a transfer of copyright ownership or other document;
(5) for the filing, under section 115(b),11 See References in Text note below. of a notice of intention to obtain a compulsory license;
(6) for the recordation, under section 302(c), of a statement revealing the identity of an author of an anonymous or pseudonymous work, or for the recordation, under section 302(d), of a statement relating to the death of an author;
(7) for the issuance, under section 706, of an additional certificate of registration;
(8) for the issuance of any other certification;
(9) for the making and reporting of a search as provided by section 705, and for any related services;
(10) on filing a statement of account based on secondary transmissions of primary transmissions pursuant to section 119 or 122; and
(11) on filing a statement of account based on secondary transmissions of primary transmissions pursuant to section 111.
The Register is authorized to fix fees for other services, including the cost of preparing copies of Copyright Office records, whether or not such copies are certified, based on the cost of providing the service. Fees established under paragraphs (10) and (11) shall be reasonable a
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Federal law — U.S. Code and appendices · legal_authorities
Page 188
TITLE 17—COPYRIGHTS
§ 709
1 So in original. Probably should be followed by ‘‘to’’.
EFFECTIVE DATE OF 1990 AMENDMENT
Pub. L. 101–318, § 2(d), July 3, 1990, 104 Stat. 288, pro-
vided that:
‘‘(1) IN GENERAL.—The amendments made by this sec-
tion [amending this section and section 704 of this title]
shall take effect 6 months after the date of the enact-
ment of this Act [July 3, 1990] and shall apply to—
‘‘(A) claims to original, supplementary, and re-
newal copyright received for registration, and to
items received for recordation in the Copyright Of-
fice, on or after such effective date, and
‘‘(B) other requests for services received on or after
such effective date, or received before such effective
date for services not yet rendered as of such date.
‘‘(2) PRIOR
CLAIMS.—Claims to original, supple-
mentary, and renewal copyright received for registra-
tion and items received for recordation in acceptable
form in the Copyright Office before the effective date
set forth in paragraph (1), and requests for services
which are rendered before such effective date shall be
governed by section 708 of title 17, United States Code,
as in effect before such effective date.’’
EFFECTIVE DATE OF 1982 AMENDMENT; TRANSITIONAL
RULE
Pub. L. 97–366, § 2, Oct. 25, 1982, 96 Stat. 1759, provided
that: ‘‘This Act [amending this section, section 110 of
this title, and section 3 of Title 35, Patents] shall take
effect thirty days after its enactment [Oct. 25, 1982] and
shall apply to claims to original, supplementary, and
renewal copyright received for registration in the
Copyright Office on or after the effective date. Claims
to original, supplementary, and renewal copyright re-
ceived for registration in acceptable form in the Copy-
right Office before the effect
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Federal law — U.S. Code and appendices · legal_authorities
Page 143
TITLE 50—WAR AND NATIONAL DEFENSE
§ 1601
nent involvement in hostilities is clearly indi-
cated by the circumstances, against any coun-
try, organization, or person pursuant to statu-
tory or constitutional authorities other than
Authorization for Use of Military Force, the
President shall comply with the reporting re-
quirements under—
(1) this section to the same extent and in the
same manner as if such actions had been
taken under Authorization for Use of Military
Force;
(2) the War Powers Resolution (50 U.S.C. 1541
et seq.); and
(3) any other applicable provision of law.
(e) Briefings
At least once during each 180-day period de-
scribed in subsection (a), the President shall
provide to the congressional defense commit-
tees, the Committee on Foreign Relations of the
Senate, and the Committee on Foreign Affairs of
the House of Representatives a briefing on the
matters covered by the report required under
this section for such period.
(Pub. L. 116–92, div. A, title XII, § 1285, Dec. 20,
2019, 133 Stat. 1709.)
Editorial Notes
REFERENCES IN TEXT
The Authorization for Use of Military Force, referred
to in text, is Pub. L. 107–40, Sept. 18, 2001, 115 Stat. 224,
which is set out as a note under section 1541 of this
title.
The War Powers Resolution, referred to in subsec.
(d)(2), is Pub. L. 93–148, Nov. 7, 1973, 87 Stat. 555, which
is classified generally to this chapter. For complete
classification of this Resolution to the Code, see Short
Title note set out under section 1541 of this title and
Tables.
CODIFICATION
Section was enacted as part of the National Defense
Authorization Act for Fiscal Year 2020, and not as part
of the War Powers Resolution which comprises this
chapter.
Statutory Notes and Related Subsidiaries
‘‘CONGRESSI
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Federal law — U.S. Code and appendices · legal_authorities
Page 144
TITLE 50—WAR AND NATIONAL DEFENSE
§ 1621
SAVINGS PROVISION
Pub. L. 94–412, title V, § 501(h), Sept. 14, 1976, 90 Stat.
1258, provided that: ‘‘This section [amending section
1481 of Title 8, Aliens and Nationality and section 2667
of Title 10, Armed Forces, and repealing section 249 of
Title 12, Banks and Banking, section 831d of Title 16,
Conservation, section 1383 of Title 18, Crimes and
Criminal Procedure, and section 211b of Title 42, The
Public Health and Welfare] shall not affect—
‘‘(1) any action taken or proceeding pending not fi-
nally concluded or determined at the time of repeal;
‘‘(2) any action or proceeding based on any act com-
mitted prior to repeal; or
‘‘(3) any rights or duties that matured or penalties
that were incurred prior to repeal.’’
SUBCHAPTER II—DECLARATIONS OF
FUTURE NATIONAL EMERGENCIES
§ 1621. Declaration of national emergency by
President; publication in Federal Register;
effect on other laws; superseding legislation
(a) With respect to Acts of Congress author-
izing the exercise, during the period of a na-
tional emergency, of any special or extraor-
dinary power, the President is authorized to de-
clare such national emergency. Such proclama-
tion shall immediately be transmitted to the
Congress and published in the Federal Register.
(b) Any provisions of law conferring powers
and authorities to be exercised during a national
emergency shall be effective and remain in ef-
fect (1) only when the President (in accordance
with subsection (a) of this section), specifically
declares a national emergency, and (2) only in
accordance with this chapter. No law enacted
after September 14, 1976, shall supersede this
subchapter unless it does so in specific terms,
referring to this subchapter, and declaring that
th
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Federal law — U.S. Code and appendices · legal_authorities
Page 149
TITLE 50—WAR AND NATIONAL DEFENSE
§ 1641
ponents and the opponents) and shall be voted
on within three calendar days after the day on
which such resolution is reported, unless such
House shall otherwise determine by yeas and
nays.
(3) Such a joint resolution passed by one House
shall be referred to the appropriate committee
of the other House and shall be reported out by
such committee together with its recommenda-
tions within fifteen calendar days after the day
on which such resolution is referred to such
committee and shall thereupon become the
pending business of such House and shall be
voted upon within three calendar days after the
day on which such resolution is reported, unless
such House shall otherwise determine by yeas
and nays.
(4) In the case of any disagreement between
the two Houses of Congress with respect to a
joint resolution passed by both Houses, con-
ferees shall be promptly appointed and the com-
mittee of conference shall make and file a re-
port with respect to such joint resolution within
six calendar days after the day on which man-
agers on the part of the Senate and the House
have been appointed. Notwithstanding any rule
in either House concerning the printing of con-
ference reports or concerning any delay in the
consideration of such reports, such report shall
be acted on by both Houses not later than six
calendar days after the conference report is filed
in the House in which such report is filed first.
In the event the conferees are unable to agree
within forty-eight hours, they shall report back
to their respective Houses in disagreement.
(5) Paragraphs (1)–(4) of this subsection, sub-
section (b) of this section, and section 1651(b) of
this title are enacted by Congress—
(A) as an exercise of the r
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