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17 U.S.C. § 914 — International transitional provisions
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
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Source location: Title 17, Chapter 9, § 914; chapter-009-protection-of-semiconductor-chip-products.md
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**(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 Secretary of Commerce terminates under subsection (e). The effective date of any such order shall also be designated in the order. In the case of an order issued upon the petition of a person, such effective date may be no earlier than the date on which the Secretary receives such petition.
**(d)**
(1) Any order issued under this section shall terminate if—
(A) the Secretary of Commerce finds that any of the conditions set forth in paragraphs (1), (2), and (3) of subsection (a) no longer exist; or
(B) mask works of nationals, domiciliaries, and sovereign authorities of that foreign nation or mask works first commercially exploited in that foreign nation become eligible for protection under subparagraph (A) or (C) of section 902(a)(1).
(2) Upon the termination or expiration of an order issued under this section, registrations of claims of protection in mask works made pursuant to that order shall remain valid for the period specified in section 904.
**(e)** The authority of the Secretary of Commerce under this section shall commence on the date of the enactment of this chapter, and shall terminate on July 1, 1995.
**(f)**
(1) The Secretary of Commerce shall promptly notify the Register of Copyrights and the Committees on the Judiciary of the Senate and the House of Representatives of the issuance or termination of any order under this section, together with a statement of the reasons for such action. The Secretary shall also publish such notification and statement of reasons in the Federal Register.
(2) Two years after the date of the enactment of this chapter, the Secretary of Commerce, in consultation with the Register of Copyrights, shall transmit to the Committees on the Judiciary of the Senate and the House of Representatives a report on the actions taken under this section and on the current status of international recognition of mask work protection. The report shall include such recommendations for modifications of the protection accorded under this chapter to mask works owned by nationals, domiciliaries, or sovereign authorities of foreign nations as the Secretary, in consultation with the Register of Copyrights, considers would promote the purposes of this chapter and international comity with respect to mask work protection. Not later than July 1, 1994, the Secretary of Commerce, in consultation with the Register of Copyrights, shall transmit to the Committees on the Judiciary of the Senate and the House of Representatives a report updating the matters contained in the report transmitted under the preceding sentence.
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 17 U.S.C. § 901
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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
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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Federal law — U.S. Code and appendices · legal_authorities
**(a) Secondary Transmissions by Satellite Carriers.—**
(1) **Non-network stations.—** — Subject to the provisions of paragraphs (3), (4), and (6) of this subsection and section 114(d), secondary transmissions of a performance or display of a work embodied in a primary transmission made by a non-network station shall be subject to statutory licensing under this section if the secondary transmission is made by a satellite carrier to the public for private home viewing or for viewing in a commercial establishment, with regard to secondary transmissions the satellite carrier is in compliance with the rules, regulations, or authorizations of the Federal Communications Commission governing the carriage of television broadcast station signals, and the carrier makes a direct or indirect charge for each retransmission service to each subscriber receiving the secondary transmission or to a distributor that has contracted with the carrier for direct or indirect delivery of the secondary transmission to the public for private home viewing or for viewing in a commercial establishment.
(2) **Network stations.—**
(A) *In general.—* — Subject to the provisions of subparagraph (B) of this paragraph and paragraphs (3), (4), (5), and (6) of this subsection and section 114(d), secondary transmissions of a performance or display of a work embodied in a primary transmission made by a network station shall be subject to statutory licensing under this section if the secondary transmission is made by a satellite carrier to the public for private home viewing, with regard to secondary transmissions the satellite carrier is in compliance with the rules, regulations, or authorizations of the Federal Communications Commission governing the carriage of television broadcast station signals, the
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Approval of agreements and statement of administrative action** Pursuant to [section 2903 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2903&num=0&edition=prelim) and [section 2191 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2191&num=0&edition=prelim), the Congress approves—
(1) the trade agreements described in subsection (d) resulting from the Uruguay Round of multilateral trade negotiations under the auspices of the General Agreement on Tariffs and Trade, entered into on April 15, 1994, and submitted to the Congress on September 27, 1994; and
(2) the statement of administrative action proposed to implement the agreements that was submitted to the Congress on September 27, 1994.
**(b) Entry into force** At such time as the President determines that a sufficient number of foreign countries are accepting the obligations of the Uruguay Round Agreements, in accordance with article XIV of the WTO Agreement, to ensure the effective operation of, and adequate benefits for the United States under, those Agreements, the President may accept the Uruguay Round Agreements and implement article VIII of the WTO Agreement.
**(c) Authorization of appropriations** There are authorized to be appropriated annually such sums as may be necessary for the payment by the United States of its share of the expenses of the WTO.
**(d) Trade agreements to which this Act applies** Subsection (a) applies to the WTO Agreement and to the following agreements annexed to that Agreement:
(1) The General Agreement on Tariffs and Trade 1994.
(2) The Agreement on Agriculture.
(3) The Agreement on the Application of Sanitary and Phytosanitary Measures.
(4) The Agreement on Textiles and Clothing.
(5) T
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 3512
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Federal law — U.S. Code and appendices · legal_authorities
Page 208
TITLE 17—COPYRIGHTS
§ 912
(2) In a suit described in paragraph (1) for a
violation described in that paragraph, remedies
(including remedies both at law and in equity)
are available for the violation to the same ex-
tent as such remedies are available for such a
violation in a suit against any public or private
entity other than a State, instrumentality of a
State, or officer or employee of a State acting in
his or her official capacity. Such remedies in-
clude actual damages and profits under sub-
section (b), statutory damages under subsection
(c), impounding and disposition of infringing ar-
ticles under subsection (e), and costs and attor-
ney’s fees under subsection (f).
(Added Pub. L. 98–620, title III, § 302, Nov. 8, 1984,
98 Stat. 3353; amended Pub. L. 101–553, § 2(b)(2),
Nov. 15, 1990, 104 Stat. 2750.)
Editorial Notes
AMENDMENTS
1990—Subsec. (g). Pub. L. 101–553 added subsec. (g).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101–553 effective with respect
to violations that occur on or after Nov. 15, 1990, see
section 3 of Pub. L. 101–553, set out as a note under sec-
tion 501 of this title.
§ 912. Relation to other laws
(a) Nothing in this chapter shall affect any
right or remedy held by any person under chap-
ters 1 through 8 or 10 of this title, or under title
35.
(b) Except as provided in section 908(b) of this
title, references to ‘‘this title’’ or ‘‘title 17’’ in
chapters 1 through 8 or 10 of this title shall be
deemed not to apply to this chapter.
(c) The provisions of this chapter shall pre-
empt the laws of any State to the extent those
laws provide any rights or remedies with respect
to a mask work which are equivalent to those
rights or remedies provided by this c
Source: Supplied 2024 U.S. Code historical extraction · 17 U.S.C. § 914
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