17 U.S.C. § 804 — Institution of proceedings

Page 200 TITLE 17—COPYRIGHTS § 804 Editorial Notes REFERENCES IN TEXT The effective date of the Copyright Royalty and Dis- tribution Reform Act of 2004, referred to in subsecs. (a)(1) and (b)(6)(B), (C)(viii), is the effective date of Pub. L. 108–419, which is 6 months after Nov. 30, 2004, subject to transition provisions, see section 6 of Pub. L. 108–419, set out as an Effective Date; Transition Provisions note under section 801 of this title. The enactment of the Copyright Royalty and Dis- tribution Reform Act of 2004 and such date of enact- ment, referred to in subsec. (b)(6)(A), (B), probably mean the date of enactment of Pub. L. 108–419, which was approved Nov. 30, 2004. Section 307 of the Legislative Branch Appropriations Act, 1994, referred to in subsec. (e)(2), is section 307 of Pub. L. 103–69, which was formerly set out as a note under section 60–1 of Title 2, The Congress. PRIOR PROVISIONS A prior section 803, Pub. L. 94–553, title I, § 101, Oct. 19, 1976, 90 Stat. 2597, § 804; Pub. L. 100–568, § 11(2), Oct. 31, 1988, 102 Stat. 2860; Pub. L. 100–667, title II, § 202(5), Nov. 16, 1988, 102 Stat. 3958; Pub. L. 101–318, § 3(c), July 3, 1990, 104 Stat. 288; Pub. L. 102–563, § 3(a)(2), Oct. 28, 1992, 106 Stat. 4248; renumbered § 803 and amended Pub. L. 103–198, § 2(d), Dec. 17, 1993, 107 Stat. 2307; Pub. L. 104–39, § 5(d)(5)–(7), Nov. 1, 1995, 109 Stat. 349; Pub. L. 105–80, § 12(a)(20), Nov. 13, 1997, 111 Stat. 1535; Pub. L. 105–304, title IV, § 405(e)(5), (6), Oct. 28, 1998, 112 Stat. 2902, related to institution and conclusion of pro- ceedings of copyright arbitration royalty panels, prior to the general amendment of this chapter by Pub. L. 108–419. Another prior section 803, Pub. L. 94–553, title I, § 101, Oct. 19, 1976, 90 Stat. 2596, related to procedures of the Copyright Royalty Tribunal, prior to repeal by Pub. L. 103–198, § 2(c), Dec. 17, 1993, 107 Stat. 2307. AMENDMENTS 2019—Subsec. (e)(1)(A). Pub. L. 116–94 struck out ‘‘3’’ before ‘‘staff members’’. 2018—Subsec. (c)(2)(E)(i)(II). Pub. L. 115–264 struck out ‘‘or 114(f)(2)(C)’’ after ‘‘under section 114(f)(1)(C)’’ and substituted ‘‘114(f)(3)(B)’’ for ‘‘114(f)(4)(B)’’. 2010—Subsec. (b)(6)(A). Pub. L. 111–295 substituted ‘‘All regulations issued by the Copyright Royalty Judges are subject to the approval of the Librarian of Congress and are subject to judicial review pursuant to chapter 7 of title 5, except as set forth in subsection (d).’’ for ‘‘All regulations issued by the Copyright Roy- alty Judges are subject to the approval of the Librarian of Congress.’’ 2006—Subsec. (a)(1). Pub. L. 109–303, § 3(5), substituted ‘‘The Copyright Royalty Judges shall act in accordance with this title, and to the extent not inconsistent with this title, in accordance with subchapter II of chapter 5 of title 5, in carrying out the purposes set forth in section 801. The Copyright’’ for ‘‘The Copyright’’ and inserted ‘‘copyright arbitration royalty panels (to the extent those determinations are not inconsistent with a decision of the Librarian of Congress or the Register of Copyrights),’’ after ‘‘Congress, the Register of Copy- rights,’’. Subsec. (b)(1)(A)(i)(V). Pub. L. 109–303, § 3(6)(A), sub- stituted ‘‘the publication of notice requirement shall not apply in the case of’’ for ‘‘in the case of’’ and struck out ‘‘, such notice may not be published.’’ at end. Subsec. (b)(2). Pub. L. 109–303, § 3(6)(B), struck out ‘‘, together with a filing fee of $150’’ before semicolon at end of subpar. (A) and added subpar. (D). Subsec. (b)(3)(A). Pub. L. 109–303, § 3(6)(C), substituted ‘‘Commencement of proceedings’’ for ‘‘In general’’ in heading, designated existing provisions as cl. (i), in- serted cl. (i) heading, and added cl. (ii). Subsec. (b)(4)(A). Pub. L. 109–303, § 3(6)(D), struck out last sentence which read as follows: ‘‘The participant asserting the claim shall not be required to pay the fil- ing fee under paragraph (2).’’ Subsec. (b)(6)(C)(i). Pub. L. 109–303, § 3(6)(E)(i), in- serted ‘‘and written rebuttal statements’’ after ‘‘writ- ten direct statements’’ and substituted ‘‘which, in the case of written direct statements, may’’ for ‘‘which may’’ and ‘‘clause (iv)’’ for ‘‘clause (iii)’’. Subsec. (b)(6)(C)(ii)(I). Pub. L. 109–303, § 3(6)(E)(ii), amended subcl. (I) generally. Prior to amendment, subcl. (I) read as follows: ‘‘Following the submission to the Copyright Royalty Judges of written direct state- ments by the participants in a proceeding under para- graph (2), the judges shall meet with the participants for the purpose of setting a schedule for conducting and completing discovery. Such schedule shall be deter- mined by the Copyright Royalty Judges.’’ Subsec. (b)(6)(C)(iv). Pub. L. 109–303, § 3(6)(E)(iii), amended cl. (iv) generally. Prior to amendment, cl. (iv) read as follows: ‘‘Discovery in such proceedings shall be permitted for a period of 60 days, except for discovery ordered by the Copyright Royalty Judges in connection with the resolution of motions, orders, and disputes pending at the end of such period.’’ Subsec. (b)(6)(C)(x). Pub. L. 109–303, § 3(6)(E)(iv), amended cl. (x) generally. Prior to amendment, cl. (x) read as follows: ‘‘The Copyright Royalty Judges shall order a settlement conference among the participants in the proceeding to facilitate the presentation of of- fers of settlement among the participants. The settle- ment conference shall be held during a 21-day period following the end of the discovery period and shall take place outside the presence of the Copyright Royalty Judges.’’ Subsec. (c)(2)(B). Pub. L. 109–303, § 3(7), struck out ‘‘concerning rates and terms’’ before period at end. Subsec. (c)(4). Pub. L. 109–303, § 3(8), struck out ‘‘, with the approval of the Register of Copyrights,’’ be- fore ‘‘issue an amendment’’. Subsec. (c)(7). Pub. L. 109–303, § 3(9), substituted ‘‘of the Copyright’’ for ‘‘of Copyright’’. Subsec. (d)(2)(C)(i)(I). Pub. L. 109–303, § 3(10), sub- stituted ‘‘applicable statements of account and reports of use’’ for ‘‘statements of account and any report of use’’. Subsec. (d)(3). Pub. L. 109–303, § 3(11), substituted ‘‘Section 706 of title 5 shall apply with respect to re- view by the court of appeals under this subsection. If the court modifies’’ for ‘‘If the court, pursuant to sec- tion 706 of title 5, modifies’’. 2004—Subsec. (b)(1)(A)(i)(V). Pub. L. 108–447 inserted ‘‘, except that in the case of proceedings under section 111 that are scheduled to commence in 2005, such notice may not be published.’’ before period at end. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2019 AMENDMENT Amendment by Pub. L. 116–94 effective with respect to fiscal year 2020 and each fiscal year thereafter, see section 1405(b) of Pub. L. 116–94, set out as a note under section 802 of this title. 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. § 804. Institution of proceedings (a) FILING OF PETITION.—With respect to pro- ceedings referred to in paragraphs (1) and (2) of section 801(b) concerning the determination or adjustment of royalty rates as provided in sec- tions 111, 112, 114, 115, 116, 118, 119, and 1004, dur- ing the calendar years specified in the schedule set forth in subsection (b), any owner or user of a copyrighted work whose royalty rates are specified by this title, or are established under this chapter before or after the enactment of the Page 201 TITLE 17—COPYRIGHTS § 804 1 So in original. Copyright Royalty and Distribution Reform Act of 2004, may file a petition with the Copyright Royalty Judges declaring that the petitioner re- quests a determination or adjustment of the rate. The Copyright Royalty Judges shall make a determination as to whether the petitioner has such a significant interest in the royalty rate in which a determination or adjustment is requested. If the Copyright Royalty Judges de- termine that the petitioner has such a signifi- cant interest, the Copyright Royalty Judges shall cause notice of this determination, with the reasons for such determination, to be pub- lished in the Federal Register, together with the notice of commencement of proceedings under this chapter. With respect to proceedings under paragraph (1) of section 801(b) concerning the de- termination or adjustment of royalty rates as provided in sections 112 and 114, during the cal- endar years specified in the schedule set forth in subsection (b), the Copyright Royalty Judges shall cause notice of commencement of pro- ceedings under this chapter to be published in the Federal Register as provided in section 803(b)(1)(A). (b) TIMING OF PROCEEDINGS.— (1) SECTION 111 PROCEEDINGS.—(A) A petition described in subsection (a) to initiate pro- ceedings under section 801(b)(2) concerning the adjustment of royalty rates under section 111 to which subparagraph (A) or (D) of section 801(b)(2) applies may be filed during the year 2015 and in each subsequent fifth calendar year. (B) In order to initiate proceedings under section 801(b)(2) concerning the adjustment of royalty rates under section 111 to which sub- paragraph (B) or (C) of section 801(b)(2) ap- plies, within 12 months after an event de- scribed in either of those subsections, any owner or user of a copyrighted work whose royalty rates are specified by section 111, or by a rate established under this chapter before or after the enactment of the Copyright Royalty and Distribution Reform Act of 2004, may file a petition with the Copyright Royalty Judges declaring that the petitioner requests an ad- justment of the rate. The Copyright Royalty Judges shall then proceed as set forth in sub- section (a) of this section. Any change in roy- alty rates made under this chapter pursuant to this subparagraph may be reconsidered in the year 2015, and each fifth calendar year thereafter, in accordance with the provisions in section 801(b)(2)(B) or (C), as the case may be. A petition for adjustment of rates estab- lished by section 111(d)(1)(B) as a result of a change in the rules and regulations of the Fed- eral Communications Commission shall set forth the change on which the petition is based. (C) Any adjustment of royalty rates under section 111 shall take effect as of the first ac- counting period commencing after the publica- tion of the determination of the Copyright Royalty Judges in the Federal Register, or on such other date as is specified in that deter- mination. (2) CERTAIN SECTION 112 PROCEEDINGS.—Pro- ceedings under this chapter shall be com- menced in the year 2007 to determine reason- able terms and rates of royalty payments for the activities described in section 112(e)(1) re- lating to the limitation on exclusive rights specified by section 114(d)(1)(C)(iv), to become effective on January 1, 2009. Such proceedings shall be repeated in each subsequent fifth cal- endar year. (3) SECTION 114 AND CORRESPONDING 112 PRO- CEEDINGS.— (A) FOR ELIGIBLE NONSUBSCRIPTION SERV- ICES AND NEW SUBSCRIPTION SERVICES.—Pro- ceedings under this chapter shall be com- menced as soon as practicable after the date of enactment of the Copyright Royalty and Distribution Reform Act of 2004 to determine reasonable terms and rates of royalty pay- ments under sections 114 and 112 for the ac- tivities of eligible nonsubscription trans- mission services and new subscription serv- ices, to be effective for the period beginning on January 1, 2006, and ending on December 31, 2010. Such proceedings shall next be com- menced in January 2009 to determine reason- able terms and rates of royalty payments, to become effective on January 1, 2011. There- after, such proceedings shall be repeated in each subsequent fifth calendar year. (B) FOR PREEXISTING SUBSCRIPTION AND SATELLITE DIGITAL AUDIO RADIO SERVICES.— Proceedings under this chapter shall be com- menced in January 2006 to determine reason- able terms and rates of royalty payments under sections 114 and 112 for the activities of preexisting subscription services, to be ef- fective during the period beginning on Janu- ary 1, 2008, and ending on December 31, 2012, and preexisting satellite digital audio radio services, to be effective during the period be- ginning on January 1, 2007, and ending on December 31, 2012. Such proceedings shall next be commenced in 2011 to determine rea- sonable terms and rates of royalty pay- ments, to become effective on January 1, 2013. Thereafter, such proceedings shall be repeated in each subsequent fifth calendar year, except that—(i) 1 with respect to pre- existing subscription services, the terms and rates finally determined for the rate period ending on December 31, 2022, shall remain in effect through December 31, 2027, and there shall be no proceeding to determine terms and rates for preexisting subscription serv- ices for the period beginning on January 1, 2023, and ending on December 31, 2027; and’’ ‘‘ 1 (ii) with respect to pre-existing satellite digital audio radio services, the terms and rates set forth by the Copyright Royalty Judges on December 14, 2017, in their initial determination for the rate period ending on December 31, 2022, shall be in effect through December 31, 2027, without any change based on a rehearing under section 803(c)(2) and without the possibility of appeal under sec- tion 803(d), and there shall be no proceeding to determine terms and rates for preexisting satellite digital audio radio services for the period beginning on January 1, 2023, and end- ing on December 31, 2027. (C)(i) Notwithstanding any other provision of this chapter, this subparagraph shall gov- Page 202 TITLE 17—COPYRIGHTS § 804 2 See References in Text note below. ern proceedings commenced pursuant to sec- tion 114(f)(1)(C) concerning new types of services. (ii) Not later than 30 days after a petition to determine rates and terms for a new type of service is filed by any copyright owner of sound recordings, or such new type of serv- ice, indicating that such new type of service is or is about to become operational, the Copyright Royalty Judges shall issue a no- tice for a proceeding to determine rates and terms for such service. (iii) The proceeding shall follow the sched- ule set forth in subsections (b), (c), and (d) of section 803, except that— (I) the determination shall be issued by not later than 24 months after the publica- tion of the notice under clause (ii); and (II) the decision shall take effect as pro- vided in subsections (c)(2) and (d)(2) of sec- tion 803 and section 114(f)(3)(B)(ii) and (C). (iv) The rates and terms shall remain in ef- fect for the period set forth in section 114(f)(1)(C). (4) SECTION 115 PROCEEDINGS.—A petition de- scribed in subsection (a) to initiate pro- ceedings under section 801(b)(1) concerning the adjustment or determination of royalty rates as provided in section 115 may be filed in the year 2006 and in each subsequent fifth calendar year, or at such other times as the parties have agreed under section 115(c)(3)(B) and (C).2 (5) SECTION 116 PROCEEDINGS.—(A) A petition described in subsection (a) to initiate pro- ceedings under section 801(b) concerning the determination of royalty rates and terms as provided in section 116 may be filed at any time within 1 year after negotiated licenses authorized by section 116 are terminated or ex- pire and are not replaced by subsequent agree- ments. (B) If a negotiated license authorized by sec- tion 116 is terminated or expires and is not re- placed by another such license agreement which provides permission to use a quantity of musical works not substantially smaller than the quantity of such works performed on coin- operated phonorecord players during the 1- year period ending March 1, 1989, the Copy- right Royalty Judges shall, upon petition filed under paragraph (1) within 1 year after such termination or expiration, commence a pro- ceeding to promptly establish an interim roy- alty rate or rates for the public performance by means of a coin-operated phonorecord play- er of nondramatic musical works embodied in phonorecords which had been subject to the terminated or expired negotiated license agreement. Such rate or rates shall be the same as the last such rate or rates and shall remain in force until the conclusion of pro- ceedings by the Copyright Royalty Judges, in accordance with section 803, to adjust the roy- alty rates applicable to such works, or until superseded by a new negotiated license agree- ment, as provided in section 116(b). (6) SECTION 118 PROCEEDINGS.—A petition de- scribed in subsection (a) to initiate pro- ceedings under section 801(b)(1) concerning the determination of reasonable terms and rates of royalty payments as provided in section 118 may be filed in the year 2006 and in each subse- quent fifth calendar year. (7) SECTION 1004 PROCEEDINGS.—A petition de- scribed in subsection (a) to initiate pro- ceedings under section 801(b)(1) concerning the adjustment of reasonable royalty rates under section 1004 may be filed as provided in section 1004(a)(3). (8) PROCEEDINGS CONCERNING DISTRIBUTION OF ROYALTY FEES.—With respect to proceedings under section 801(b)(3) concerning the distribu- tion of royalty fees in certain circumstances under section 111, 119, or 1007, the Copyright Royalty Judges shall, upon a determination that a controversy exists concerning such dis- tribution, cause to be published in the Federal Register notice of commencement of pro- ceedings under this chapter. (Added Pub. L. 108–419, § 3(a), Nov. 30, 2004, 118 Stat. 2357; amended Pub. L. 109–303, § 3(12), (13), Oct. 6, 2006, 120 Stat. 1481; Pub. L. 111–175, title I, § 104(f), May 27, 2010, 124 Stat. 1238; Pub. L. 115–264, title I, § 103(g)(4), (i), Oct. 11, 2018, 132 Stat. 3725.) Editorial Notes REFERENCES IN TEXT The enactment of and the date of enactment of the Copyright Royalty and Distribution Reform Act of 2004, referred to in subsecs. (a) and (b)(1)(B), (3)(A), mean the date of enactment of Pub. L. 108–419, which was ap- proved Nov. 30, 2004. Section 115(c), referred to in subsec. (b)(4), was amended generally by Pub. L. 115–264, title I, § 102(a)(3), Oct. 11, 2018, 132 Stat. 3679, and, as so amended, no longer contains a par. (3). PRIOR PROVISIONS A prior section 804 was renumbered section 803 of this title prior to the general amendment of this chapter by Pub. L. 108–419. AMENDMENTS 2018—Subsec. (b)(3)(B). Pub. L. 115–264, § 103(i), in- serted ‘‘, except that—’’ and cls. (i) and (ii) after ‘‘fifth calendar year’’. Subsec. (b)(3)(C)(i). Pub. L. 115–264, § 103(g)(4)(A), struck out ‘‘and 114(f)(2)(C)’’ after ‘‘section 114(f)(1)(C)’’. Subsec. (b)(3)(C)(iii)(II). Pub. L. 115–264, § 103(g)(4)(B), substituted ‘‘114(f)(3)(B)(ii)’’ for ‘‘114(f)(4)(B)(ii)’’. Subsec. (b)(3)(C)(iv). Pub. L. 115–264, § 103(g)(4)(C), struck out ‘‘or 114(f)(2)(C), as the case may be’’ after ‘‘section 114(f)(1)(C)’’. 2010—Subsec. (b)(1)(A), (B). Pub. L. 111–175 substituted ‘‘2015’’ for ‘‘2005’’. 2006—Subsec. (b)(1)(B). Pub. L. 109–303, § 3(12), sub- stituted ‘‘801(b)(2)(B) or (C)’’ for ‘‘801(b)(3)(B) or (C)’’ and ‘‘change in’’ for ‘‘change is’’. Subsec. (b)(3)(A). Pub. L. 109–303, § 3(13)(A), sub- stituted ‘‘date of enactment’’ for ‘‘effective date’’. Subsec. (b)(3)(C)(ii). Pub. L. 109–303, § 3(13)(B)(i), sub- stituted ‘‘is filed’’ for ‘‘that is filed’’. Subsec. (b)(3)(C)(iii). Pub. L. 109–303, § 3(13)(B)(ii), sub- stituted ‘‘subsections (b)’’ for ‘‘such subsections (b)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2010 AMENDMENT Amendment by Pub. L. 111–175 effective Feb. 27, 2010, see section 307(a) of Pub. L. 111–175, set out as a note under section 111 of this title. 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, 1976, 90 Stat. 2598, related to effective date of final deter- minations of Tribunal. Section 810, Pub. L. 94–553, title I, § 101, Oct. 19, 1976, 90 Stat. 2598, related to judicial review of final deci- sions of Tribunal. CHAPTER 9—PROTECTION OF SEMICONDUCTOR CHIP PRODUCTS Sec. 901. Definitions. 902. Subject matter of protection. 903. Ownership, transfer, licensing, and recorda- tion. 904. Duration of protection. 905. Exclusive rights in mask works. 906. Limitation on exclusive rights: reverse engi- neering; first sale. 907. Limitation on exclusive rights: innocent in- fringement. 908. Registration of claims of protection. 909. Mask work notice. 910. Enforcement of exclusive rights. 911. Civil actions. 912. Relation to other laws. 913. Transitional provisions. 914. International transitional provisions. Editorial Notes AMENDMENTS 2002—Pub. L. 107–273, div. C, title III, § 13210(11), Nov. 2, 2002, 116 Stat. 1910, substituted ‘‘licensing’’ for ‘‘licen- sure’’ in item 903. 1997—Pub. L. 105–80, § 12(a)(21), Nov. 13, 1997, 111 Stat. 1535, substituted ‘‘Ownership, transfer, licensure, and recordation’’ for ‘‘Ownership and transfer’’ in item 903. § 901. Definitions (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, de- posited 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 cir- cuitry functions; (2) a ‘‘mask work’’ is a series of related im- ages, however fixed or encoded— (A) having or representing the predeter- mined, three-dimensional pattern of metal- lic, insulating, or semiconductor material present or removed from the layers of a semiconductor chip product; and (B) in which series the relation of the im- ages 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 semicon- ductor chip product when its embodiment in the product is sufficiently permanent or stable to permit the mask work to be perceived or re- produced 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 em- bodying the mask work; except that such term includes an offer to sell or transfer a semicon- ductor 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 rep- resentative of that person if that person is de- ceased 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 em- ployer 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 pro- tection with respect to the semiconductor chip product; (8) having ‘‘notice of protection’’ means hav- ing actual knowledge that, or reasonable grounds to believe that, a mask work is pro- tected under this chapter; and (9) an ‘‘infringing semiconductor chip prod- uct’’ 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.