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17 U.S.C. § 902 — Subject matter of protection
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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Source file: Laws/federal/codes/united-states-code/title-17/section-902-subject-matter-of-protection--a91ae431a2.md
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Source location: Title 17, Chapter 9, § 902; chapter-009-protection-of-semiconductor-chip-products.md
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**(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 proclamation or impose any conditions or limitations on protection extended under any such proclamation.
**(b)** Protection under this chapter shall not be available for a mask work that—
(1) is not original; or
(2) consists of designs that are staple, commonplace, or familiar in the semiconductor industry, or variations of such designs, combined in a way that, considered as a whole, is not original.
**(c)** In no case does protection under this chapter for a mask work extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work.
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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) Proclamations and Executive Orders; Documents Having General Applicability and Legal Effect; Documents Required To Be Published by Congress.** There shall be published in the Federal Register—
(1) Presidential proclamations and Executive orders, except those not having general applicability and legal effect or effective only against Federal agencies or persons in their capacity as officers, agents, or employees thereof;
(2) documents or classes of documents that the President may determine from time to time have general applicability and legal effect; and
(3) documents or classes of documents that may be required so to be published by Act of Congress.
For the purposes of this chapter every document or order which prescribes a penalty has general applicability and legal effect.
**(b) Documents Authorized To Be Published by Regulations; News Commentary and News Items Excluded.** In addition to the foregoing there shall also be published in the Federal Register other documents or classes of documents authorized to be published by regulations prescribed under this chapter with the approval of the President, but news commentary or news items of any character may not be published in the Federal Register.
**(c) Alternative Publication.—** In a continuity of operations event in which the Government Publishing Office does not fulfill the publication requirements of this chapter, the Office of the Federal Register may establish an alternative method to publish the Federal Register until such time that the Government Publishing Office resumes publication.
**(d) Suspension of Requirements for Filing of Documents; Alternate Systems for Promulgating, Filing, or Publishing Documents; Preservation of Originals.** In the event of an attack or threatened attack upon the conti
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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 204
TITLE 17—COPYRIGHTS
§ 902
(b) For purposes of this chapter, the distribu-
tion or importation of a product incorporating a
semiconductor chip product as a part thereof is
a distribution or importation of that semicon-
ductor chip product.
(Added Pub. L. 98–620, title III, § 302, Nov. 8, 1984,
98 Stat. 3347.)
Statutory Notes and Related Subsidiaries
AUTHORIZATION OF APPROPRIATIONS
Pub. L. 98–620, title III, § 304, Nov. 8, 1984, 98 Stat. 3356,
provided that: ‘‘There are authorized to be appropriated
such sums as may be necessary to carry out the pur-
poses of this title and the amendments made by this
title [enacting this chapter].’’
§ 902. Subject matter of protection
(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 com-
mercially 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 ex-
ploited in the United States; or
(C) the mask work comes within the scope of
a Presidential proclamation issued under para-
graph (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 th
Source: Supplied 2024 U.S. Code historical extraction · 17 U.S.C. § 902
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