17 U.S.C. § 101 — Definitions

Page 3 TITLE 17—COPYRIGHTS § 101 Sec. 121A. Limitations on exclusive rights: reproduction for blind or other people with disabilities in Marrakesh Treaty countries. 122. Limitations on exclusive rights: Secondary transmissions of local television program- ming by satellite. Editorial Notes AMENDMENTS 2018—Pub. L. 115–261, § 2(b), Oct. 9, 2018, 132 Stat. 3669, added item 121A. 2010—Pub. L. 111–175, title I, §§ 102(a)(2), 103(a)(2), 104(a)(2), May 27, 2010, 124 Stat. 1219, 1227, 1231, added items 111, 119, and 122 and struck out former items 111 ‘‘Limitations on exclusive rights: Secondary trans- missions’’, 119 ‘‘Limitations on exclusive rights: Sec- ondary transmissions of superstations and network sta- tions for private home viewing’’, and 122 ‘‘Limitations on exclusive rights: Secondary transmissions by sat- ellite carriers within local markets’’. 2002—Pub. L. 107–273, div. C, title III, § 13210(2)(B), (3)(B), Nov. 2, 2002, 116 Stat. 1909, substituted ‘‘Repro- duction’’ for ‘‘reproduction’’ in item 121 and ‘‘Limita- tions on exclusive rights: Secondary transmissions by satellite carriers within local markets’’ for ‘‘Limita- tions on exclusive rights; secondary transmissions by satellite carriers within local market’’ in item 122. 1999—Pub. L. 106–113, div. B, § 1000(a)(9) [title I, § 1002(c)], Nov. 29, 1999, 113 Stat. 1536, 1501A–527, added item 122. 1997—Pub. L. 105–80, § 12(a)(2), Nov. 13, 1997, 111 Stat. 1534, substituted ‘‘Limitations on exclusive rights: Computer programs’’ for ‘‘Scope of exclusive rights: Use in conjunction with computers and similar infor- mation systems’’ in item 117. 1996—Pub. L. 104–197, title III, § 316(b), Sept. 16, 1996, 110 Stat. 2417, added item 121. 1994—Pub. L. 103–465, title V, § 514(c), Dec. 8, 1994, 108 Stat. 4981, substituted ‘‘Copyright in restored works’’ for ‘‘Copyright in certain motion pictures’’ in item 104A. 1993—Pub. L. 103–198, § 3(a), (b)(2), Dec. 17, 1993, 107 Stat. 2309, renumbered item 116A as 116 and struck out former item 116 ‘‘Scope of exclusive rights in nondra- matic musical works: Compulsory licenses for public performances by means of coin-operated phonorecord players.’’ Pub. L. 103–182, title III, § 334(b), Dec. 8, 1993, 107 Stat. 2115, added item 104A. 1990—Pub. L. 101–650, title VI, § 603(b), title VII, § 704(b)(1), Dec. 1, 1990, 104 Stat. 5130, 5134, added items 106A and 120. 1988—Pub. L. 100–667, title II, § 202(6), Nov. 16, 1988, 102 Stat. 3958, added item 119. Pub. L. 100–568, § 4(b)(2), Oct. 31, 1988, 102 Stat. 2857, substituted ‘‘Compulsory licenses for public perform- ances’’ for ‘‘Public performances’’ in item 116 and added item 116A. § 101. Definitions Except as otherwise provided in this title, as used in this title, the following terms and their variant forms mean the following: An ‘‘anonymous work’’ is a work on the cop- ies or phonorecords of which no natural person is identified as author. An ‘‘architectural work’’ is the design of a building as embodied in any tangible medium of expression, including a building, architec- tural plans, or drawings. The work includes the overall form as well as the arrangement and composition of spaces and elements in the design, but does not include individual stand- ard features. ‘‘Audiovisual works’’ are works that consist of a series of related images which are intrin- sically intended to be shown by the use of ma- chines, or devices such as projectors, viewers, or electronic equipment, together with accom- panying sounds, if any, regardless of the na- ture of the material objects, such as films or tapes, in which the works are embodied. The ‘‘Berne Convention’’ is the Convention for the Protection of Literary and Artistic Works, signed at Berne, Switzerland, on Sep- tember 9, 1886, and all acts, protocols, and re- visions thereto. The ‘‘best edition’’ of a work is the edition, published in the United States at any time be- fore the date of deposit, that the Library of Congress determines to be most suitable for its purposes. A person’s ‘‘children’’ are that person’s im- mediate offspring, whether legitimate or not, and any children legally adopted by that per- son. A ‘‘collective work’’ is a work, such as a pe- riodical issue, anthology, or encyclopedia, in which a number of contributions, constituting separate and independent works in them- selves, are assembled into a collective whole. A ‘‘compilation’’ is a work formed by the collection and assembling of preexisting mate- rials or of data that are selected, coordinated, or arranged in such a way that the resulting work as a whole constitutes an original work of authorship. The term ‘‘compilation’’ in- cludes collective works. A ‘‘computer program’’ is a set of state- ments or instructions to be used directly or in- directly in a computer in order to bring about a certain result. ‘‘Copies’’ are material objects, other than phonorecords, in which a work is fixed by any method now known or later developed, and from which the work can be perceived, repro- duced, or otherwise communicated, either di- rectly or with the aid of a machine or device. The term ‘‘copies’’ includes the material ob- ject, other than a phonorecord, in which the work is first fixed. ‘‘Copyright owner’’, with respect to any one of the exclusive rights comprised in a copy- right, refers to the owner of that particular right. A ‘‘Copyright Royalty Judge’’ is a Copyright Royalty Judge appointed under section 802 of this title, and includes any individual serving as an interim Copyright Royalty Judge under such section. A work is ‘‘created’’ when it is fixed in a copy or phonorecord for the first time; where a work is prepared over a period of time, the portion of it that has been fixed at any par- ticular time constitutes the work as of that time, and where the work has been prepared in different versions, each version constitutes a separate work. A ‘‘derivative work’’ is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatiza- tion, fictionalization, motion picture version, sound recording, art reproduction, abridg- ment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revi- sions, annotations, elaborations, or other Page 4 TITLE 17—COPYRIGHTS § 101 modifications which, as a whole, represent an original work of authorship, is a ‘‘derivative work’’. A ‘‘device’’, ‘‘machine’’, or ‘‘process’’ is one now known or later developed. A ‘‘digital transmission’’ is a transmission in whole or in part in a digital or other non- analog format. To ‘‘display’’ a work means to show a copy of it, either directly or by means of a film, slide, television image, or any other device or process or, in the case of a motion picture or other audiovisual work, to show individual im- ages nonsequentially. An ‘‘establishment’’ is a store, shop, or any similar place of business open to the general public for the primary purpose of selling goods or services in which the majority of the gross square feet of space that is nonresidential is used for that purpose, and in which nondra- matic musical works are performed publicly. The term ‘‘financial gain’’ includes receipt, or expectation of receipt, of anything of value, including the receipt of other copyrighted works. A work is ‘‘fixed’’ in a tangible medium of expression when its embodiment in a copy or phonorecord, by or under the authority of the author, is sufficiently permanent or stable to permit it to be perceived, reproduced, or oth- erwise communicated for a period of more than transitory duration. A work consisting of sounds, images, or both, that are being trans- mitted, is ‘‘fixed’’ for purposes of this title if a fixation of the work is being made simulta- neously with its transmission. A ‘‘food service or drinking establishment’’ is a restaurant, inn, bar, tavern, or any other similar place of business in which the public or patrons assemble for the primary purpose of being served food or drink, in which the ma- jority of the gross square feet of space that is nonresidential is used for that purpose, and in which nondramatic musical works are per- formed publicly. The ‘‘Geneva Phonograms Convention’’ is the Convention for the Protection of Pro- ducers of Phonograms Against Unauthorized Duplication of Their Phonograms, concluded at Geneva, Switzerland, on October 29, 1971. The ‘‘gross square feet of space’’ of an estab- lishment means the entire interior space of that establishment, and any adjoining outdoor space used to serve patrons, whether on a sea- sonal basis or otherwise. The terms ‘‘including’’ and ‘‘such as’’ are il- lustrative and not limitative. An ‘‘international agreement’’ is— (1) the Universal Copyright Convention; (2) the Geneva Phonograms Convention; (3) the Berne Convention; (4) the WTO Agreement; (5) the WIPO Copyright Treaty; (6) the WIPO Performances and Phonograms Treaty; and (7) any other copyright treaty to which the United States is a party. A ‘‘joint work’’ is a work prepared by two or more authors with the intention that their contributions be merged into inseparable or interdependent parts of a unitary whole. ‘‘Literary works’’ are works, other than audiovisual works, expressed in words, num- bers, or other verbal or numerical symbols or indicia, regardless of the nature of the mate- rial objects, such as books, periodicals, manu- scripts, phonorecords, film, tapes, disks, or cards, in which they are embodied. The term ‘‘motion picture exhibition facil- ity’’ means a movie theater, screening room, or other venue that is being used primarily for the exhibition of a copyrighted motion pic- ture, if such exhibition is open to the public or is made to an assembled group of viewers out- side of a normal circle of a family and its so- cial acquaintances. ‘‘Motion pictures’’ are audiovisual works consisting of a series of related images which, when shown in succession, impart an impres- sion of motion, together with accompanying sounds, if any. To ‘‘perform’’ a work means to recite, render, play, dance, or act it, either directly or by means of any device or process or, in the case of a motion picture or other audiovisual work, to show its images in any sequence or to make the sounds accompanying it audible. A ‘‘performing rights society’’ is an associa- tion, corporation, or other entity that licenses the public performance of nondramatic musi- cal works on behalf of copyright owners of such works, such as the American Society of Composers, Authors and Publishers (ASCAP), Broadcast Music, Inc. (BMI), and SESAC, Inc. ‘‘Phonorecords’’ are material objects in which sounds, other than those accompanying a motion picture or other audiovisual work, are fixed by any method now known or later developed, and from which the sounds can be perceived, reproduced, or otherwise commu- nicated, either directly or with the aid of a machine or device. The term ‘‘phonorecords’’ includes the material object in which the sounds are first fixed. ‘‘Pictorial, graphic, and sculptural works’’ include two-dimensional and three-dimen- sional works of fine, graphic, and applied art, photographs, prints and art reproductions, maps, globes, charts, diagrams, models, and technical drawings, including architectural plans. Such works shall include works of artis- tic craftsmanship insofar as their form but not their mechanical or utilitarian aspects are concerned; the design of a useful article, as de- fined in this section, shall be considered a pic- torial, graphic, or sculptural work only if, and only to the extent that, such design incor- porates pictorial, graphic, or sculptural fea- tures that can be identified separately from, and are capable of existing independently of, the utilitarian aspects of the article. For purposes of section 513, a ‘‘proprietor’’ is an individual, corporation, partnership, or other entity, as the case may be, that owns an establishment or a food service or drinking es- tablishment, except that no owner or operator of a radio or television station licensed by the Federal Communications Commission, cable system or satellite carrier, cable or satellite carrier service or programmer, provider of on- line services or network access or the operator of facilities therefor, telecommunications Page 5 TITLE 17—COPYRIGHTS § 101 company, or any other such audio or audio- visual service or programmer now known or as may be developed in the future, commercial subscription music service, or owner or oper- ator of any other transmission service, shall under any circumstances be deemed to be a proprietor. A ‘‘pseudonymous work’’ is a work on the copies or phonorecords of which the author is identified under a fictitious name. ‘‘Publication’’ is the distribution of copies or phonorecords of a work to the public by sale or other transfer of ownership, or by rental, lease, or lending. The offering to distribute copies or phonorecords to a group of persons for purposes of further distribution, public performance, or public display, constitutes publication. A public performance or display of a work does not of itself constitute publica- tion. To perform or display a work ‘‘publicly’’ means— (1) to perform or display it at a place open to the public or at any place where a sub- stantial number of persons outside of a nor- mal circle of a family and its social ac- quaintances is gathered; or (2) to transmit or otherwise communicate a performance or display of the work to a place specified by clause (1) or to the public, by means of any device or process, whether the members of the public capable of receiv- ing the performance or display receive it in the same place or in separate places and at the same time or at different times. ‘‘Registration’’, for purposes of sections 205(c)(2), 405, 406, 410(d), 411, 412, and 506(e), means a registration of a claim in the original or the renewed and extended term of copy- right. ‘‘Sound recordings’’ are works that result from the fixation of a series of musical, spo- ken, or other sounds, but not including the sounds accompanying a motion picture or other audiovisual work, regardless of the na- ture of the material objects, such as disks, tapes, or other phonorecords, in which they are embodied. ‘‘State’’ includes the District of Columbia and the Commonwealth of Puerto Rico, and any territories to which this title is made ap- plicable by an Act of Congress. A ‘‘transfer of copyright ownership’’ is an assignment, mortgage, exclusive license, or any other conveyance, alienation, or hypothecation of a copyright or of any of the exclusive rights comprised in a copyright, whether or not it is limited in time or place of effect, but not including a nonexclusive li- cense. A ‘‘transmission program’’ is a body of ma- terial that, as an aggregate, has been produced for the sole purpose of transmission to the public in sequence and as a unit. To ‘‘transmit’’ a performance or display is to communicate it by any device or process whereby images or sounds are received beyond the place from which they are sent. A ‘‘treaty party’’ is a country or intergov- ernmental organization other than the United States that is a party to an international agreement. The ‘‘United States’’, when used in a geo- graphical sense, comprises the several States, the District of Columbia and the Common- wealth of Puerto Rico, and the organized terri- tories under the jurisdiction of the United States Government. For purposes of section 411, a work is a ‘‘United States work’’ only if— (1) in the case of a published work, the work is first published— (A) in the United States; (B) simultaneously in the United States and another treaty party or parties, whose law grants a term of copyright protection that is the same as or longer than the term provided in the United States; (C) simultaneously in the United States and a foreign nation that is not a treaty party; or (D) in a foreign nation that is not a trea- ty party, and all of the authors of the work are nationals, domiciliaries, or ha- bitual residents of, or in the case of an audiovisual work legal entities with head- quarters in, the United States; (2) in the case of an unpublished work, all the authors of the work are nationals, domi- ciliaries, or habitual residents of the United States, or, in the case of an unpublished audiovisual work, all the authors are legal entities with headquarters in the United States; or (3) in the case of a pictorial, graphic, or sculptural work incorporated in a building or structure, the building or structure is lo- cated in the United States. A ‘‘useful article’’ is an article having an in- trinsic utilitarian function that is not merely to portray the appearance of the article or to convey information. An article that is nor- mally a part of a useful article is considered a ‘‘useful article’’. The author’s ‘‘widow’’ or ‘‘widower’’ is the author’s surviving spouse under the law of the author’s domicile at the time of his or her death, whether or not the spouse has later re- married. The ‘‘WIPO Copyright Treaty’’ is the WIPO Copyright Treaty concluded at Geneva, Swit- zerland, on December 20, 1996. The ‘‘WIPO Performances and Phonograms Treaty’’ is the WIPO Performances and Phonograms Treaty concluded at Geneva, Switzerland, on December 20, 1996. A ‘‘work of visual art’’ is— (1) a painting, drawing, print, or sculpture, existing in a single copy, in a limited edition of 200 copies or fewer that are signed and consecutively numbered by the author, or, in the case of a sculpture, in multiple cast, carved, or fabricated sculptures of 200 or fewer that are consecutively numbered by the author and bear the signature or other identifying mark of the author; or (2) a still photographic image produced for exhibition purposes only, existing in a single copy that is signed by the author, or in a limited edition of 200 copies or fewer that are signed and consecutively numbered by the author. Page 6 TITLE 17—COPYRIGHTS § 101 A work of visual art does not include— (A)(i) any poster, map, globe, chart, tech- nical drawing, diagram, model, applied art, motion picture or other audiovisual work, book, magazine, newspaper, periodical, data base, electronic information service, elec- tronic publication, or similar publication; (ii) any merchandising item or advertising, promotional, descriptive, covering, or pack- aging material or container; (iii) any portion or part of any item de- scribed in clause (i) or (ii); (B) any work made for hire; or (C) any work not subject to copyright pro- tection under this title. A ‘‘work of the United States Government’’ is a work prepared by an officer or employee of the United States Government as part of that person’s official duties. A ‘‘work made for hire’’ is— (1) a work prepared by an employee within the scope of his or her employment; or (2) a work specially ordered or commis- sioned for use as a contribution to a collec- tive work, as a part of a motion picture or other audiovisual work, as a translation, as a supplementary work, as a compilation, as an instructional text, as a test, as answer material for a test, or as an atlas, if the par- ties expressly agree in a written instrument signed by them that the work shall be con- sidered a work made for hire. For the pur- pose of the foregoing sentence, a ‘‘supple- mentary work’’ is a work prepared for publi- cation as a secondary adjunct to a work by another author for the purpose of intro- ducing, concluding, illustrating, explaining, revising, commenting upon, or assisting in the use of the other work, such as forewords, afterwords, pictorial illustrations, maps, charts, tables, editorial notes, musical ar- rangements, answer material for tests, bib- liographies, appendixes, and indexes, and an ‘‘instructional text’’ is a literary, pictorial, or graphic work prepared for publication and with the purpose of use in systematic in- structional activities. In determining whether any work is eligible to be considered a work made for hire under paragraph (2), neither the amendment con- tained in section 1011(d) of the Intellectual Property and Communications Omnibus Re- form Act of 1999, as enacted by section 1000(a)(9) of Public Law 106–113, nor the dele- tion of the words added by that amendment— (A) shall be considered or otherwise given any legal significance, or (B) shall be interpreted to indicate con- gressional approval or disapproval of, or ac- quiescence in, any judicial determination, by the courts or the Copyright Office. Para- graph (2) shall be interpreted as if both section 2(a)(1) of the Work Made For Hire and Copy- right Corrections Act of 2000 and section 1011(d) of the Intellectual Property and Com- munications Omnibus Reform Act of 1999, as enacted by section 1000(a)(9) of Public Law 106–113, were never enacted, and without re- gard to any inaction or awareness by the Con- gress at any time of any judicial determina- tions. The terms ‘‘WTO Agreement’’ and ‘‘WTO member country’’ have the meanings given those terms in paragraphs (9) and (10), respec- tively, of section 2 of the Uruguay Round Agreements Act. (Pub. L. 94–553, title I, § 101, Oct. 19, 1976, 90 Stat. 2541; Pub. L. 96–517, § 10(a), Dec. 12, 1980, 94 Stat. 3028; Pub. L. 100–568, § 4(a)(1), Oct. 31, 1988, 102 Stat. 2854; Pub. L. 101–650, title VI, § 602, title VII, § 702, Dec. 1, 1990, 104 Stat. 5128, 5133; Pub. L. 102–307, title I, § 102(b)(2), June 26, 1992, 106 Stat. 266; Pub. L. 102–563, § 3(b), Oct. 28, 1992, 106 Stat. 4248; Pub. L. 104–39, § 5(a), Nov. 1, 1995, 109 Stat. 348; Pub. L. 105–80, § 12(a)(3), Nov. 13, 1997, 111 Stat. 1534; Pub. L. 105–147, § 2(a), Dec. 16, 1997, 111 Stat. 2678; Pub. L. 105–298, title II, § 205, Oct. 27, 1998, 112 Stat. 2833; Pub. L. 105–304, title I, § 102(a), Oct. 28, 1998, 112 Stat. 2861; Pub. L. 106–44, § 1(g)(1), Aug. 5, 1999, 113 Stat. 222; Pub. L. 106–113, div. B, § 1000(a)(9) [title I, § 1011(d)], Nov. 29, 1999, 113 Stat. 1536, 1501A–544; Pub. L. 106–379, § 2(a), Oct. 27, 2000, 114 Stat. 1444; Pub. L. 107–273, div. C, title III, § 13210(5), Nov. 2, 2002, 116 Stat. 1909; Pub. L. 108–419, § 4, Nov. 30, 2004, 118 Stat. 2361; Pub. L. 109–9, title I, § 102(c), Apr. 27, 2005, 119 Stat. 220; Pub. L. 111–295, § 6(a), Dec. 9, 2010, 124 Stat. 3181.) HISTORICAL AND REVISION NOTES HOUSE REPORT NO. 94–1476 The significant definitions in this section will be mentioned or summarized in connection with the provi- sions to which they are most relevant. Editorial Notes REFERENCES IN TEXT Section 1011(d) of the Intellectual Property and Com- munications Omnibus Reform Act of 1999, referred to in definition of ‘‘work made for hire’’, is section 1000(a)(9) [title I, § 1011(d)] of Pub. L. 106–113, which amended par. (2) of that definition. See 1999 Amendment note below. Section 2(a)(1) of the Work Made For Hire and Copy- right Corrections Act of 2000, referred to in definition of ‘‘work made for hire’’, is section 2(a)(1) of Pub. L. 106—379, which amended par. (2) of that definition. See 2000 Amendment note below. Section 2 of the Uruguay Round Agreements Act, re- ferred to in definitions of ‘‘WTO Agreement’’ and ‘‘WTO member country’’, is classified to section 3501 of Title 19, Customs Duties. AMENDMENTS 2010—Pub. L. 111–295, § 6(a)(3), transferred the defini- tion of ‘‘food service or drinking establishment’’ to ap- pear after the definition of ‘‘fixed’’. Pub. L. 111–295, § 6(a)(2), transferred the definition of ‘‘motion picture exhibition facility’’ to appear after the definition of ‘‘Literary works’’. Pub. L. 111–295, § 6(a)(1), which directed transfer of the definition of ‘‘Copyright Royalty Judges’’ to appear after the definition of ‘‘Copyright owner’’, was executed by so transferring the definition of ‘‘Copyright Royalty Judge’’, to reflect the probable intent of Congress. 2005—Pub. L. 109–9 inserted definition of ‘‘motion pic- ture exhibition facility’’ after definition of ‘‘Motion pictures’’. 2004—Pub. L. 108–419 inserted definition of ‘‘Copyright Royalty Judge’’ after definition of ‘‘Copies’’. 2002—Pub. L. 107–273, § 13210(5)(B), transferred defini- tion of ‘‘Registration’’ to appear after definition of ‘‘publicly’’. Pub. L. 107–273, § 13210(5)(A), transferred definition of ‘‘computer program’’ to appear after definition of ‘‘compilation’’. Page 7 TITLE 17—COPYRIGHTS § 101 2000—Pub. L. 106–379, § 2(a)(2), in definition of ‘‘work made for hire’’, inserted after par. (2) provisions relat- ing to considerations and interpretations to be used in determining whether any work is eligible to be consid- ered a work made for hire under par. (2). Pub. L. 106–379, § 2(a)(1), in definition of ‘‘work made for hire’’, struck out ‘‘as a sound recording,’’ after ‘‘mo- tion picture or other audiovisual work,’’ in par. (2). 1999—Pub. L. 106–113, which directed the insertion of ‘‘as a sound recording,’’ after ‘‘audiovisual work’’ in par. (2) of definition relating to work made for hire, was executed by making the insertion after ‘‘audio- visual work,’’ to reflect the probable intent of Con- gress. Pub. L. 106–44, § 1(g)(1)(B), in definition of ‘‘propri- etor’’, substituted ‘‘For purposes of section 513, a ‘pro- prietor’ ’’ for ‘‘A ‘proprietor’ ’’. Pub. L. 106–44, § 1(g)(1)(A), transferred definition of ‘‘United States work’’ to appear after definition of ‘‘United States’’. 1998—Pub. L. 105–304, § 102(a)(1), struck out definition of ‘‘Berne Convention work’’. Pub. L. 105–304, § 102(a)(2), in definition of ‘‘country of origin’’, substituted ‘‘For purposes of section 411, a work is a ‘United States work’ only if’’ for ‘‘The ‘coun- try of origin’ of a Berne Convention work, for purposes of section 411, is the United States if’’ in introductory provisions, substituted ‘‘treaty party or parties’’ for ‘‘nation or nations adhering to the Berne Convention’’ in par. (1)(B) and ‘‘is not a treaty party’’ for ‘‘does not adhere to the Berne Convention’’ in par. (1)(C), (D), and struck out at end ‘‘For the purposes of section 411, the ‘country of origin’ of any other Berne Convention work is not the United States.’’ Pub. L. 105–298, § 205(1), inserted definitions of ‘‘estab- lishment’’ and ‘‘food service or drinking establish- ment’’. Pub. L. 105–304, § 102(a)(3), inserted definition of ‘‘Ge- neva Phonograms Convention’’. Pub. L. 105–298, § 205(2), inserted definition of ‘‘gross square feet of space’’. Pub. L. 105–304, § 102(a)(4), inserted definition of ‘‘international agreement’’. Pub. L. 105–298, § 205(3), (4), inserted definitions of ‘‘performing rights society’’ and ‘‘proprietor’’. Pub. L. 105–304, § 102(a)(5), inserted definition of term ‘‘treaty party’’. Pub. L. 105–304, § 102(a)(6), inserted definition of term ‘‘WIPO Copyright Treaty’’. Pub. L. 105–304, § 102(a)(7), inserted definition of term ‘‘WIPO Performances and Phonograms Treaty’’. Pub. L. 105–304, § 102(a)(8), inserted definitions of terms ‘‘WTO Agreement’’ and ‘‘WTO member country’’. 1997—Pub. L. 105–147 inserted definition of ‘‘financial gain’’. Pub. L. 105–80, in definition of to perform or to dis- play a work ‘‘publicly’’, substituted ‘‘process’’ for ‘‘processs’’ in par. (2). 1995—Pub. L. 104–39 inserted definition of ‘‘digital transmission’’. 1992—Pub. L. 102–563 substituted ‘‘Except as otherwise provided in this title, as used’’ for ‘‘As used’’ in intro- ductory provisions. Pub. L. 102–307 inserted definition of ‘‘registration’’. 1990—Pub. L. 101–650, § 702(a), inserted definition of ‘‘architectural work’’. Pub. L. 101–650, § 702(b), in definition of ‘‘Berne Con- vention work’’ added par. (5). Pub. L. 101–650, § 602, inserted definition of ‘‘work of visual art’’. 1988—Pub. L. 100–568, § 4(a)(1)(B), inserted definitions of ‘‘The Berne Convention’’ and ‘‘Berne Convention work’’. Pub. L. 100–568, § 4(a)(1)(C), inserted definition of ‘‘country of origin’’. Pub. L. 100–568, § 4(a)(1)(A), in definition of ‘‘Pictorial, graphic, and sculptural works’’ substituted ‘‘diagrams, models, and technical drawings, including architec- tural plans’’ for ‘‘technical drawings, diagrams, and models’’. 1980—Pub. L. 96–517 inserted definition of ‘‘computer program’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2004 AMENDMENT Amendment by Pub. L. 108–419 effective 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. EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 106–379, § 2(b)(1), Oct. 27, 2000, 114 Stat. 1444, provided that: ‘‘The amendments made by this section [amending this section] shall be effective as of Novem- ber 29, 1999.’’ EFFECTIVE DATE OF 1999 AMENDMENT Pub. L. 106–113, div. B, § 1000(a)(9) [title I, § 1012], Nov. 29, 1999, 113 Stat. 1536, 1501A–544, provided that: ‘‘Sec- tions 1001, 1003, 1005, 1007, 1008, 1009, 1010, and 1011 [en- acting sections 338 and 339 of Title 47, Telecommuni- cations, amending this section, sections 111, 119, 501, and 510 of this title, and section 325 of Title 47, enacting provisions set out as a note under this section and sec- tion 325 of Title 47, and amending provisions set out as a note under section 119 of this title] (and the amend- ments made by such sections) shall take effect on the date of the enactment of this Act [Nov. 29, 1999]. The amendments made by sections 1002, 1004, and 1006 [en- acting section 122 of this title and amending sections 119 and 501 of this title] shall be effective as of July 1, 1999.’’ EFFECTIVE DATE OF 1998 AMENDMENT Pub. L. 105–304, title I, § 105, Oct. 28, 1998, 112 Stat. 2877, provided that: ‘‘(a) IN GENERAL.—Except as otherwise provided in this title [see section 101 of Pub. L. 105–304, set out as a Short Title of 1998 Amendment note below], this title and the amendments made by this title shall take ef- fect on the date of the enactment of this Act [Oct. 28, 1998]. ‘‘(b) AMENDMENTS RELATING TO CERTAIN INTER- NATIONAL AGREEMENTS.—(1) The following shall take ef- fect upon the entry into force of the WIPO Copyright Treaty with respect to the United States [Mar. 6, 2002]: ‘‘(A) Paragraph (5) of the definition of ‘inter- national agreement’ contained in section 101 of title 17, United States Code, as amended by section 102(a)(4) of this Act. ‘‘(B) The amendment made by section 102(a)(6) of this Act [amending this section]. ‘‘(C) Subparagraph (C) of section 104A(h)(1) of title 17, United States Code, as amended by section 102(c)(1) of this Act. ‘‘(D) Subparagraph (C) of section 104A(h)(3) of title 17, United States Code, as amended by section 102(c)(2) of this Act. ‘‘(2) The following shall take effect upon the entry into force of the WIPO Performances and Phonograms Treaty with respect to the United States [May 20, 2002]: ‘‘(A) Paragraph (6) of the definition of ‘inter- national agreement’ contained in section 101 of title 17, United States Code, as amended by section 102(a)(4) of this Act. ‘‘(B) The amendment made by section 102(a)(7) of this Act [amending this section]. ‘‘(C) The amendment made by section 102(b)(2) of this Act [amending section 104 of this title]. ‘‘(D) Subparagraph (D) of section 104A(h)(1) of title 17, United States Code, as amended by section 102(c)(1) of this Act. ‘‘(E) Subparagraph (D) of section 104A(h)(3) of title 17, United States Code, as amended by section 102(c)(2) of this Act. ‘‘(F) The amendments made by section 102(c)(3) of this Act [amending section 104A of this title].’’ Page 8 TITLE 17—COPYRIGHTS § 101 Pub. L. 105–298, title II, § 207, Oct. 27, 1998, 112 Stat. 2834, provided that: ‘‘This title [enacting section 512 of this title, amending this section and sections 110 and 504 of this title, and enacting provisions set out as notes under this section] and the amendments made by this title shall take effect 90 days after the date of the enactment of this Act [Oct. 27, 1998].’’ EFFECTIVE DATE OF 1995 AMENDMENT Pub. L. 104–39, § 6, Nov. 1, 1995, 109 Stat. 349, provided that: ‘‘This Act [see Short Title of 1995 Amendment note below] and the amendments made by this Act shall take effect 3 months after the date of enactment of this Act [Nov. 1, 1995], except that the provisions of sections 114(e) and 114(f) of title 17, United States Code (as added by section 3 of this Act) shall take effect im- mediately upon the date of enactment of this Act.’’ EFFECTIVE DATE OF 1992 AMENDMENT Pub. L. 102–307, title I, § 102(g), June 26, 1992, 106 Stat. 266, as amended by Pub. L. 105–298, title I, § 102(d)(2)(B), Oct. 27, 1998, 112 Stat. 2828, provided that: ‘‘(1) Subject to paragraphs (2) and (3), this section [amending this section and sections 304, 408, 409, and 708 of this title and enacting provisions set out as a note under section 304 of this title] and the amendments made by this section shall take effect on the date of the enactment of this Act [June 26, 1992]. ‘‘(2) The amendments made by this section shall apply only to those copyrights secured between Janu- ary 1, 1964, and December 31, 1977. Copyrights secured before January 1, 1964, shall be governed by the provi- sions of section 304(a) of title 17, United States Code, as in effect on the day before the effective date of this sec- tion [June 26, 1992], except each reference to forty- seven years in such provisions shall be deemed to be 67 years. ‘‘(3) This section and the amendments made by this section shall not affect any court proceedings pending on the effective date of this section.’’ EFFECTIVE DATE OF 1990 AMENDMENT Amendment by section 602 of Pub. L. 101–650 effective 6 months after Dec. 1, 1990, see section 610 of Pub. L. 101–650, set out as an Effective Date note under section 106A of this title. Pub. L. 101–650, title VII, § 706, Dec. 1, 1990, 104 Stat. 5134, provided that: ‘‘The amendments made by this title [enacting section 120 of this title and amending this section and sections 102, 106, and 301 of this title], apply to— ‘‘(1) any architectural work created on or after the date of the enactment of this Act [Dec. 1, 1990]; and ‘‘(2) any architectural work that, on the date of the enactment of this Act, is unconstructed and em- bodied in unpublished plans or drawings, except that protection for such architectural work under title 17, United States Code, by virtue of the amendments made by this title, shall terminate on December 31, 2002, unless the work is constructed by that date.’’ EFFECTIVE DATE OF 1988 AMENDMENT Pub. L. 100–568, § 13, Oct. 31, 1988, 102 Stat. 2861, pro- vided that: ‘‘(a) EFFECTIVE DATE.—This Act and the amendments made by this Act [enacting section 116A of this title, amending this section and sections 104, 116, 205, 301, 401 to 408, 411, 501, 504, 801, and 804 of this title, and enact- ing provisions set out as notes under this section] take effect on the date on which the Berne Convention (as defined in section 101 of title 17, United States Code) enters into force with respect to the United States [Mar. 1, 1989]. [The Berne Convention entered into force with respect to the United States on Mar. 1, 1989.] ‘‘(b) EFFECT ON PENDING CASES.—Any cause of action arising under title 17, United States Code, before the ef- fective date of this Act shall be governed by the provi- sions of such title as in effect when the cause of action arose.’’ SHORT TITLE OF 2022 AMENDMENT Pub. L. 117–201, § 1, Oct. 17, 2022, 136 Stat. 2222, pro- vided that: ‘‘This Act [amending section 708 of this title] may be cited as the ‘Artistic Recognition for Tal- ented Students Act’ or the ‘ARTS Act’.’’ SHORT TITLE OF 2020 AMENDMENT Pub. L. 116–260, div. Q, title II, § 212(a), Dec. 27, 2020, 134 Stat. 2176, provided that: ‘‘This section [enacting chapter 15 of this title and enacting provisions set out as notes under sections 1501 and 1502 of this title] may be cited as the ‘Copyright Alternative in Small-Claims Enforcement Act of 2020’ or the ‘CASE Act of 2020’.’’ SHORT TITLE OF 2019 AMENDMENT Pub. L. 116–94, div. P, title XI, § 1101, Dec. 20, 2019, 133 Stat. 3201, provided that: ‘‘This title [amending sec- tions 119 and 501 of this title and enacting provisions set out as a note under section 119 of this title] may be cited as the ‘Satellite Television Community Protec- tion and Promotion Act of 2019’.’’ SHORT TITLE OF 2018 AMENDMENT Pub. L. 115–264, § 1(a), Oct. 11, 2018, 132 Stat. 3676, pro- vided that: ‘‘This Act [enacting chapter 14 of this title, amending sections 114, 115, 301, 801, 803, and 804 of this title, section 58c of Title 19, Customs Duties, and sec- tion 137 of Title 28, Judiciary and Judicial Procedure, and enacting provisions set out as notes under this sec- tion and sections 106, 114, and 115 of this title] may be cited as the ‘Orrin G. Hatch–Bob Goodlatte Music Mod- ernization Act’.’’ Pub. L. 115–264, title I, § 101, Oct. 11, 2018, 132 Stat. 3676, provided that: ‘‘This title [amending sections 114, 115, 801, 803, and 804 of this title and section 137 of Title 28, Judiciary and Judicial Procedure, and enacting pro- visions set out as notes under sections 106, 114, and 115 of this title] may be cited as the ‘Musical Works Mod- ernization Act’.’’ Pub. L. 115–264, title II, § 201, Oct. 11, 2018, 132 Stat. 3728, provided that: ‘‘This title [enacting chapter 14 of this title and amending section 301 of this title] may be cited as the ‘Classics Protection and Access Act’.’’ Pub. L. 115–264, title III, § 301, Oct. 11, 2018, 132 Stat. 3737, provided that: ‘‘This title [amending section 114 of this title and enacting provisions set out as a note under section 114 of this title] may be cited as the ‘Al- location for Music Producers Act’ or the ‘AMP Act’.’’ Pub. L. 115–261, § 1, Oct. 9, 2018, 132 Stat. 3667, provided that: ‘‘This Act [enacting section 121A of this title and amending section 121 of this title] may be cited as the ‘Marrakesh Treaty Implementation Act’.’’ SHORT TITLE OF 2010 AMENDMENT Pub. L. 111–295, § 1, Dec. 9, 2010, 124 Stat. 3180, provided that: ‘‘This Act [amending this section and sections 114, 115, 119, 205, 303, 409, 503, 504, 512, 602, 704, 803, 1203, and 1204 of this title and section 2318 of Title 18, Crimes and Criminal Procedure, and repealing section 601 of this title] may be cited as the ‘Copyright Cleanup, Clar- ification, and Corrections Act of 2010’.’’ Pub. L. 111–175, § 1(a), May 27, 2010, 124 Stat. 1218, pro- vided that: ‘‘This Act [enacting section 342 of Title 47, Telecommunications, amending sections 111, 119, 122, 708, and 804 of this title and sections 325, 335, and 338 to 340 of Title 47, enacting provisions set out as notes under sections 111 and 119 of this title and sections 325, 338, and 340 of Title 47, and repealing provisions set out as a note under section 119 of this title] may be cited as the ‘Satellite Television Extension and Localism Act of 2010’.’’ Pub. L. 111–151, § 1, Mar. 26, 2010, 124 Stat. 1027, pro- vided that: ‘‘This Act [amending section 119 of this title and section 325 of Title 47, Telecommunications, and amending provisions set out as a note under section 119 of this title] may be cited as the ‘Satellite Televison [sic] Extension Act of 2010’.’’ SHORT TITLE OF 2009 AMENDMENT Pub. L. 111–36, § 1, June 30, 2009, 123 Stat. 1926, pro- vided that: ‘‘This Act [amending section 114 of this Page 9 TITLE 17—COPYRIGHTS § 101 title] may be cited as the ‘Webcaster Settlement Act of 2009’.’’ SHORT TITLE OF 2008 AMENDMENT Pub. L. 110–435, § 1, Oct. 16, 2008, 122 Stat. 4974, pro- vided that: ‘‘This Act [amending section 114 of this title] may be cited as the ‘Webcaster Settlement Act of 2008’.’’ Pub. L. 110–434, § 1(a), Oct. 16, 2008, 122 Stat. 4972, pro- vided that: ‘‘This Act [amending section 1301 of this title] may be cited as the ‘Vessel Hull Design Protec- tion Amendments of 2008’.’’ SHORT TITLE OF 2006 AMENDMENT Pub. L. 109–303, § 1, Oct. 6, 2006, 120 Stat. 1478, provided that: ‘‘This Act [amending sections 111, 114, 115, 118, 119, 801 to 804, and 1007 of this title, enacting provisions set out as notes under sections 111 and 119 of this title, and amending provisions set out as a note under section 801 of this title] may be cited as the ‘Copyright Royalty Judges Program Technical Corrections Act’.’’ SHORT TITLE OF 2005 AMENDMENT Pub. L. 109–9, § 1, Apr. 27, 2005, 119 Stat. 218, provided that: ‘‘This Act [enacting section 2319B of Title 18, Crimes and Criminal Procedure, amending this section and sections 108, 110, 408, 411, 412, and 506 of this title, sections 179m, 179n, 179p, 179q, and 179w of Title 2, The Congress, section 1114 of Title 15, Commerce and Trade, section 2319 of Title 18, and sections 151703, 151705, 151706, and 151711 of Title 36, Patriotic and National Ob- servances, Ceremonies, and Organizations, enacting provisions set out as notes under this section, section 179l of Title 2, and section 101 of Title 36, and provisions listed in a table relating to sentencing guidelines set out as a note under section 994 of Title 28, Judiciary and Judicial Procedure] may be cited as the ‘Family Entertainment and Copyright Act of 2005’.’’ Pub. L. 109–9, title I, § 101, Apr. 27, 2005, 119 Stat. 218, provided that: ‘‘This title [enacting section 2319B of Title 18, Crimes and Criminal Procedure, amending this section, sections 408, 411, 412, and 506 of this title, and section 2319 of Title 18, and enacting provisions listed in a table relating to sentencing guidelines set out as a note under section 994 of Title 28, Judiciary and Judi- cial Procedure] may be cited as the ‘Artists’ Rights and Theft Prevention Act of 2005’ or the ‘ART Act’.’’ Pub. L. 109–9, title II, § 201, Apr. 27, 2005, 119 Stat. 223, provided that: ‘‘This title [amending section 110 of this title and section 1114 of Title 15, Commerce and Trade] may be cited as the ‘Family Movie Act of 2005’.’’ Pub. L. 109–9, title IV, § 401, Apr. 27, 2005, 119 Stat. 226, provided that: ‘‘This title [amending section 108 of this title] may be cited as the ‘Preservation of Orphan Works Act’.’’ SHORT TITLE OF 2004 AMENDMENT Pub. L. 108–447, div. J, title IX, § 1(a), Dec. 8, 2004, 118 Stat. 3393, provided that: ‘‘This title [enacting sections 340 and 341 of Title 47, Telecommunications, amending sections 111, 119, 122, and 803 of this title and sections 307, 312, 325, 338, and 339 of Title 47, enacting provisions set out as notes under section 119 of this title and sec- tions 325 and 338 of Title 47, and amending provisions set out as a note under section 119 of this title] may be cited as the ‘Satellite Home Viewer Extension and Re- authorization Act of 2004’ or the ‘W. J. (Billy) Tauzin Satellite Television Act of 2004’.’’ Pub. L. 108–419, § 1, Nov. 30, 2004, 118 Stat. 2341, pro- vided that: ‘‘This Act [enacting chapter 8 of this title, amending this section and sections 111, 112, 114 to 116, 118, 119, 1004, 1006, 1007, and 1010 of this title, and enact- ing provisions set out as a note under section 801 of this title] may be cited as the ‘Copyright Royalty and Dis- tribution Reform Act of 2004’.’’ SHORT TITLE OF 2002 AMENDMENT Pub. L. 107–321, § 1, Dec. 4, 2002, 116 Stat. 2780, provided that: ‘‘This Act [amending section 114 of this title and enacting provisions set out as notes under section 114 of this title] may be cited as the ‘Small Webcaster Set- tlement Act of 2002’.’’ Pub. L. 107–273, div. C, title III, § 13301(a), Nov. 2, 2002, 116 Stat. 1910, provided that: ‘‘This subtitle [subtitle C (§ 13301) of title III of div. C of Pub. L. 107–273, amending sections 110, 112, and 802 of this title] may be cited as the ‘Technology, Education, and Copyright Harmoni- zation Act of 2002’.’’ SHORT TITLE OF 2000 AMENDMENT Pub. L. 106–379, § 1, Oct. 27, 2000, 114 Stat. 1444, pro- vided that: ‘‘This Act [amending this section and sec- tions 121, 705, and 708 of this title, repealing section 710 of this title, and enacting provisions set out as notes under this section and section 708 of this title] may be cited as the ‘Work Made For Hire and Copyright Cor- rections Act of 2000’.’’ SHORT TITLE OF 1999 AMENDMENT Pub. L. 106–160, § 1, Dec. 9, 1999, 113 Stat. 1774, provided that: ‘‘This Act [amending section 504 of this title and enacting provisions set out as notes under section 504 of this title and section 994 of Title 28, Judiciary and Judicial Procedure] may be cited as the ‘Digital Theft Deterrence and Copyright Damages Improvement Act of 1999’.’’ Pub. L. 106–113, div. B, § 1000(a)(9) [title I, § 1001], Nov. 29, 1999, 113 Stat. 1536, 1501A–523, provided that: ‘‘This title [enacting section 122 of this title and sections 338 and 339 of Title 47, Telecommunications, amending this section, sections 111, 119, 501, and 510 of this title, and section 325 of Title 47, enacting provisions set out as notes under this section and section 325 of Title 47, and amending provisions set out as a note under section 119 of this title] may be cited as the ‘Satellite Home View- er Improvement Act of 1999’.’’ SHORT TITLE OF 1998 AMENDMENT Pub. L. 105–304, § 1, Oct. 28, 1998, 112 Stat. 2860, pro- vided that: ‘‘This Act [enacting section 512 and chap- ters 12 and 13 of this title and section 4001 of Title 28, Judiciary and Judicial Procedure, amending this sec- tion, sections 104, 104A, 108, 112, 114, 117, 411, 507, 701, and 801 to 803 of this title, section 5314 of Title 5, Gov- ernment Organization and Employees, sections 1338, 1400, and 1498 of Title 28, and section 3 of Title 35, Pat- ents, and enacting provisions set out as notes under this section and sections 108, 109, 112, 114, 512, and 1301 of this title] may be cited as the ‘Digital Millennium Copyright Act’.’’ Pub. L. 105–304, title I, § 101, Oct. 28, 1998, 112 Stat. 2861, provided that: ‘‘This title [enacting chapter 12 of this title, amending this section and sections 104, 104A, 411, and 507 of this title, and enacting provisions set out as notes under this section and section 109 of this title] may be cited as the ‘WIPO Copyright and Performances and Phonograms Treaties Implementation Act of 1998’.’’ Pub. L. 105–304, title II, § 201, Oct. 28, 1998, 112 Stat. 2877, provided that: ‘‘This title [enacting section 512 of this title and provisions set out as a note under section 512 of this title] may be cited as the ‘Online Copyright Infringement Liability Limitation Act’.’’ Pub. L. 105–304, title III, § 301, Oct. 28, 1998, 112 Stat. 2886, provided that: ‘‘This title [amending section 117 of this title] may be cited as the ‘Computer Maintenance Competition Assurance Act’.’’ Pub. L. 105–304, title V, § 501, Oct. 28, 1998, 112 Stat. 2905, provided that: ‘‘This Act [probably means ‘‘this title’’, enacting chapter 13 of this title and amending sections 1338, 1400, and 1498 of Title 28, Judiciary and Judicial Procedure] may be referred to as the ‘Vessel Hull Design Protection Act’.’’ Pub. L. 105–298, title I, § 101, Oct. 27, 1998, 112 Stat. 2827, provided that: ‘‘This title [amending sections 108, 203, and 301 to 304 of this title, enacting provisions set out as a note under section 108 of this title, and amend- ing provisions set out as notes under this section and Page 10 TITLE 17—COPYRIGHTS § 101 section 304 of this title] may be referred to as the ‘Sonny Bono Copyright Term Extension Act’.’’ Pub. L. 105–298, title II, § 201, Oct. 27, 1998, 112 Stat. 2830, provided that: ‘‘This title [enacting section 512 of this title, amending this section and sections 110 and 504 of this title, and enacting provisions set out as notes under this section] may be cited as the ‘Fairness In Music Licensing Act of 1998’.’’ SHORT TITLE OF 1995 AMENDMENT Pub. L. 104–39, § 1, Nov. 1, 1995, 109 Stat. 336, provided that: ‘‘This Act [amending this section and sections 106, 111, 114, 115, 119, and 801 to 803 of this title and en- acting provisions set out as a note above] may be cited as the ‘Digital Performance Right in Sound Recordings Act of 1995’.’’ SHORT TITLE OF 1994 AMENDMENT Pub. L. 103–369, § 1, Oct. 18, 1994, 108 Stat. 3477, pro- vided that: ‘‘This Act [amending sections 111 and 119 of this title and enacting and repealing provisions set out as notes under section 119 of this title] may be cited as the ‘Satellite Home Viewer Act of 1994’.’’ SHORT TITLE OF 1993 AMENDMENT Pub. L. 103–198, § 1, Dec. 17, 1993, 107 Stat. 2304, pro- vided that: ‘‘This Act [amending sections 111, 116, 118, 119, 801 to 803, 1004 to 1007, and 1010 of this title and sec- tion 1288 of Title 8, Aliens and Nationality, renum- bering sections 116A and 804 of this title as sections 116 and 803, respectively, of this title, repealing sections 116, 803, and 805 to 810 of this title, and enacting provi- sions set out as notes under section 801 of this title and section 1288 of Title 8] may be cited as the ‘Copyright Royalty Tribunal Reform Act of 1993’.’’ SHORT TITLE OF 1992 AMENDMENT Pub. L. 102–563, § 1, Oct. 28, 1992, 106 Stat. 4237, pro- vided that: ‘‘This Act [enacting chapter 10 of this title, amending this section, sections 801, 804, and 912 of this title, and section 1337 of Title 19, Customs Duties, and enacting provisions set out as a note under section 1001 of this title] may be cited as the ‘Audio Home Record- ing Act of 1992’.’’ Pub. L. 102–307, § 1, June 26, 1992, 106 Stat. 264, pro- vided that: ‘‘This Act [enacting sections 179 to 179k of Title 2, The Congress, amending this section and sec- tions 108, 304, 408, 409, and 708 of this title, repealing sections 178 to 178l of Title 2, enacting provisions set out as notes under this section, section 304 of this title, and section 179 of Title 2, and repealing provisions set out as a note under section 178 of Title 2] may be cited as the ‘Copyright Amendments Act of 1992’.’’ Pub. L. 102–307, title I, § 101, June 26, 1992, 106 Stat. 264, provided that: ‘‘This title [amending this section and sections 304, 408, 409, and 708 of this title and enact- ing provisions set out as notes under this section and section 304 of this title] may be referred to as the ‘Copyright Renewal Act of 1992’.’’ SHORT TITLE OF 1991 AMENDMENT Pub. L. 102–64, § 1, June 28, 1991, 105 Stat. 320, provided that: ‘‘This Act [amending section 914 of this title and enacting provisions set out as a note under section 914 of this title] may be cited as the ‘Semiconductor Inter- national Protection Extension Act of 1991’.’’ SHORT TITLE OF 1990 AMENDMENT Pub. L. 101–650, title VI, § 601, Dec. 1, 1990, 104 Stat. 5128, provided that: ‘‘This title [enacting section 106A of this title, amending this section and sections 107, 113, 301, 411, 412, 501, and 506 of this title, and enacting provisions set out as notes under this section and sec- tion 106A of this title] may be cited as the ‘Visual Art- ists Rights Act of 1990’.’’ Pub. L. 101–650, title VII, § 701, Dec. 1, 1990, 104 Stat. 5133, provided that: ‘‘This title [enacting section 120 of this title, amending this section and sections 102, 106, and 301 of this title, and enacting provisions set out as a note above] may be cited as the ‘Architectural Works Copyright Protection Act’.’’ Pub. L. 101–650, title VIII, § 801, Dec. 1, 1990, 104 Stat. 5134, provided that: ‘‘This title [amending section 109 of this title and enacting provisions set out as notes under sections 109 and 205 of this title] may be cited as the ‘Computer Software Rental Amendments Act of 1990’.’’ Pub. L. 101–553, § 1, Nov. 15, 1990, 104 Stat. 2749, pro- vided that: ‘‘This Act [enacting section 511 of this title, amending sections 501, 910, and 911 of this title, and en- acting provisions set out as a note under section 501 of this title] may be cited as the ‘Copyright Remedy Clar- ification Act’.’’ Pub. L. 101–319, § 1, July 3, 1990, 104 Stat. 290, provided that: ‘‘This Act [amending sections 701 and 802 of this title and sections 5315 and 5316 of Title 5, Government Organization and Employees, and enacting provisions set out as a note under section 701 of this title] may be cited as the ‘Copyright Royalty Tribunal Reform and Miscellaneous Pay Act of 1989’.’’ Pub. L. 101–318, § 1, July 3, 1990, 104 Stat. 287, provided that: ‘‘This Act [amending sections 106, 111, 704, 708, 801, and 804 of this title and enacting provisions set out as notes under sections 106, 111, 708, and 804 of this title] may be cited as the ‘Copyright Fees and Technical Amendments Act of 1989’.’’ SHORT TITLE OF 1988 AMENDMENT Pub. L. 100–667, title II, § 201, Nov. 16, 1988, 102 Stat. 3949, provided that: ‘‘This title [enacting section 119 of this title and sections 612 and 613 of Title 47, Tele- communications, amending sections 111, 501, 801, and 804 of this title and section 605 of Title 47, and enacting provisions set out as notes under section 119 of this title] may be cited as the ‘Satellite Home Viewer Act of 1988’.’’ [Section ceases to be effective Dec. 31, 1994, see section 207 of Pub. L. 100–667, set out as an Effective and Termination Dates note under section 119 of this title.] Pub. L. 100–568, § 1(a), Oct. 31, 1988, 102 Stat. 2853, pro- vided that: ‘‘This Act [enacting section 116A of this title, amending this section and sections 104, 116, 205, 301, 401 to 408, 411, 501, 504, 801, and 804 of this title, and enacting provisions set out as notes under this section] may be cited as the ‘Berne Convention Implementation Act of 1988’.’’ SHORT TITLE OF 1984 AMENDMENT Pub. L. 98–620, title III, § 301, Nov. 8, 1984, 98 Stat. 3347, provided that: ‘‘This title [enacting chapter 9 of this title] may be cited as the ‘Semiconductor Chip Protec- tion Act of 1984’.’’ Pub. L. 98–450, § 1, Oct. 4, 1984, 98 Stat. 1727, provided that: ‘‘This Act [amending sections 109 and 115 of this title and enacting provisions set out as a note under section 109 of this title] may be cited as the ‘Record Rental Amendment of 1984’.’’ SHORT TITLE OF 1976 ACT Pub. L. 94–553, Oct. 19, 1976, 90 Stat. 2541, which en- acted this title and section 170 of Title 2, The Congress, amended section 131 of Title 2, section 290e of Title 15, Commerce and Trade, section 2318 of Title 18, Crimes and Criminal Procedure, section 543 of Title 26, Internal Revenue Code, section 1498 of Title 28, Judiciary and Judicial Procedure, sections 3202 and 3206 of Title 39, Postal Service, and sections 505 and 2117 of Title 44, Public Printing and Documents, and enacted provisions set out as notes preceding this section and under sec- tions 104, 115, 304, 401, 407, 410, and 501 of this title, is popularly known as the ‘‘Copyright Act of 1976’’. SEVERABILITY Pub. L. 106–379, § 2(b)(2), Oct. 27, 2000, 114 Stat. 1444, provided that: ‘‘If the provisions of paragraph (1) [see Effective Date of 2000 Amendment note above], or any application of such provisions to any person or cir- Page 11 TITLE 17—COPYRIGHTS § 102 cumstance, is held to be invalid, the remainder of this section [amending this section and enacting provisions set out as a note above], the amendments made by this section, and the application of this section to any other person or circumstance shall not be affected by such in- validation.’’ CONSTRUCTION OF 1998 AMENDMENT Pub. L. 105–298, title II, § 206, Oct. 27, 1998, 112 Stat. 2834, provided that: ‘‘Except as otherwise provided in this title [enacting section 512 of this title, amending this section and sections 110 and 504 of this title, and enacting provisions set out as notes under this section], nothing in this title shall be construed to relieve any performing rights society of any obligation under any State or local statute, ordinance, or law, or consent de- cree or other court order governing its operation, as such statute, ordinance, law, decree, or order is in ef- fect on the date of the enactment of this Act [Oct. 27, 1998], as it may be amended after such date, or as it may be issued or agreed to after such date.’’ FIRST AMENDMENT APPLICATION Pub. L. 101–650, title VI, § 609, Dec. 1, 1990, 104 Stat. 5132, provided that: ‘‘This title [see Short Title of 1990 Amendment note above] does not authorize any govern- mental entity to take any action or enforce restric- tions prohibited by the First Amendment to the United States Constitution.’’ BERNE CONVENTION; CONGRESSIONAL DECLARATIONS Pub. L. 100–568, § 2, Oct. 31, 1988, 102 Stat. 2853, pro- vided that: ‘‘The Congress makes the following declara- tions: ‘‘(1) The Convention for the Protection of Literary and Artistic Works, signed at Berne, Switzerland, on September 9, 1886, and all acts, protocols, and revi- sions thereto (hereafter in this Act [see Short Title of 1988 Amendment note above] referred to as the ‘Berne Convention’) are not self-executing under the Con- stitution and laws of the United States. ‘‘(2) The obligations of the United States under the Berne Convention may be performed only pursuant to appropriate domestic law. ‘‘(3) The amendments made by this Act, together with the law as it exists on the date of the enactment of this Act [Oct. 31, 1988], satisfy the obligations of the United States in adhering to the Berne Conven- tion and no further rights or interests shall be recog- nized or created for that purpose.’’ BERNE CONVENTION; CONSTRUCTION Pub. L. 100–568, § 3, Oct. 31, 1988, 102 Stat. 2853, pro- vided that: ‘‘(a) RELATIONSHIP WITH DOMESTIC LAW.—The provi- sions of the Berne Convention— ‘‘(1) shall be given effect under title 17, as amended by this Act [see Short Title of 1988 Amendment note above], and any other relevant provision of Federal or State law, including the common law; and ‘‘(2) shall not be enforceable in any action brought pursuant to the provisions of the Berne Convention itself. ‘‘(b) CERTAIN RIGHTS NOT AFFECTED.—The provisions of the Berne Convention, the adherence of the United States thereto, and satisfaction of United States obli- gations thereunder, do not expand or reduce any right of an author of a work, whether claimed under Federal, State, or the common law— ‘‘(1) to claim authorship of the work; or ‘‘(2) to object to any distortion, mutilation, or other modification of, or other derogatory action in relation to, the work, that would prejudice the au- thor’s honor or reputation.’’ WORKS IN PUBLIC DOMAIN WITHOUT COPYRIGHT PROTECTION Pub. L. 100–568, § 12, Oct. 31, 1988, 102 Stat. 2860, pro- vided that: ‘‘Title 17, United States Code, as amended by this Act [see Short Title of 1988 Amendment note above], does not provide copyright protection for any work that is in the public domain in the United States.’’ DEFINITIONS Pub. L. 103–465, title V, § 501, Dec. 8, 1994, 108 Stat. 4973, provided that: ‘‘For purposes of this title [enact- ing section 1101 of this title and section 2319A of Title 18, Crimes and Criminal Procedure, amending sections 104A and 109 of this title, sections 1052 and 1127 of Title 15, Commerce and Trade, and sections 41, 104, 111, 119, 154, 156, 172, 173, 252, 262, 271, 272, 287, 292, 295, 307, 365, and 373 of Title 35, Patents, enacting provisions set out as notes under section 1052 of Title 15 and sections 104 and 154 of Title 35, and amending provisions set out as a note under section 109 of this title]— ‘‘(1) the term ‘WTO Agreement’ has the meaning given that term in section 2(9) of the Uruguay Round Agreements Act [19 U.S.C. 3501(9)]; and ‘‘(2) the term ‘WTO member country’ has the mean- ing given that term in section 2(10) of the Uruguay Round Agreements Act.’’ § 102. Subject matter of copyright: In general (a) Copyright protection subsists, in accord- ance with this title, in original works of author- ship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise com- municated, either directly or with the aid of a machine or device. Works of authorship include the following categories: (1) literary works; (2) musical works, including any accom- panying words; (3) dramatic works, including any accom- panying music; (4) pantomimes and choreographic works; (5) pictorial, graphic, and sculptural works; (6) motion pictures and other audiovisual works; (7) sound recordings; and (8) architectural works. (b) In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, il- lustrated, or embodied in such work. (Pub. L. 94–553, title I, § 101, Oct. 19, 1976, 90 Stat. 2544; Pub. L. 101–650, title VII, § 703, Dec. 1, 1990, 104 Stat. 5133.) HISTORICAL AND REVISION NOTES HOUSE REPORT NO. 94–1476 Original Works of Authorship. The two fundamental criteria of copyright protection—originality and fixa- tion in tangible form are restated in the first sentence of this cornerstone provision. The phrase ‘‘original works or authorship,’’ which is purposely left unde- fined, is intended to incorporate without change the standard of originality established by the courts under the present copyright statute. This standard does not include requirements of novelty, ingenuity, or esthetic merit, and there is no intention to enlarge the standard of copyright protection to require them. In using the phrase ‘‘original works of authorship,’’ rather than ‘‘all the writings of an author’’ now in sec- tion 4 of the statute [section 4 of former title 17], the committee’s purpose is to avoid exhausting the con- stitutional power of Congress to legislate in this field, and to eliminate the uncertainties arising from the lat-