17 U.S.C. § 914 — International transitional provisions

Page 208 TITLE 17—COPYRIGHTS § 912 (2) In a suit described in paragraph (1) for a violation described in that paragraph, remedies (including remedies both at law and in equity) are available for the violation to the same ex- tent as such remedies are available for such a violation in a suit against any public or private entity other than a State, instrumentality of a State, or officer or employee of a State acting in his or her official capacity. Such remedies in- clude actual damages and profits under sub- section (b), statutory damages under subsection (c), impounding and disposition of infringing ar- ticles under subsection (e), and costs and attor- ney’s fees under subsection (f). (Added Pub. L. 98–620, title III, § 302, Nov. 8, 1984, 98 Stat. 3353; amended Pub. L. 101–553, § 2(b)(2), Nov. 15, 1990, 104 Stat. 2750.) Editorial Notes AMENDMENTS 1990—Subsec. (g). Pub. L. 101–553 added subsec. (g). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–553 effective with respect to violations that occur on or after Nov. 15, 1990, see section 3 of Pub. L. 101–553, set out as a note under sec- tion 501 of this title. § 912. Relation to other laws (a) Nothing in this chapter shall affect any right or remedy held by any person under chap- ters 1 through 8 or 10 of this title, or under title 35. (b) Except as provided in section 908(b) of this title, references to ‘‘this title’’ or ‘‘title 17’’ in chapters 1 through 8 or 10 of this title shall be deemed not to apply to this chapter. (c) The provisions of this chapter shall pre- empt the laws of any State to the extent those laws provide any rights or remedies with respect to a mask work which are equivalent to those rights or remedies provided by this chapter, ex- cept that such preemption shall be effective only with respect to actions filed on or after January 1, 1986. (d) Notwithstanding subsection (c), nothing in this chapter shall detract from any rights of a mask work owner, whether under Federal law (exclusive of this chapter) or under the common law or the statutes of a State, heretofore or hereafter declared or enacted, with respect to any mask work first commercially exploited be- fore July 1, 1983. (Added Pub. L. 98–620, title III, § 302, Nov. 8, 1984, 98 Stat. 3354; amended Pub. L. 100–702, title X, § 1020(b), Nov. 19, 1988, 102 Stat. 4672; Pub. L. 102–563, § 3(c), Oct. 28, 1992, 106 Stat. 4248.) Editorial Notes AMENDMENTS 1992—Subsecs. (a), (b). Pub. L. 102–563 inserted ‘‘or 10’’ after ‘‘8’’. 1988—Subsecs. (d), (e). Pub. L. 100–702 redesignated subsec. (e) as (d) and struck out former subsec. (d) which read as follows: ‘‘The provisions of sections 1338, 1400(a), and 1498(b) and (c) of title 28 shall apply with respect to exclusive rights in mask works under this chapter.’’ § 913. Transitional provisions (a) No application for registration under sec- tion 908 may be filed, and no civil action under section 910 or other enforcement proceeding under this chapter may be instituted, until sixty days after the date of the enactment of this chapter. (b) No monetary relief under section 911 may be granted with respect to any conduct that oc- curred before the date of the enactment of this chapter, except as provided in subsection (d). (c) Subject to subsection (a), the provisions of this chapter apply to all mask works that are first commercially exploited or are registered under this chapter, or both, on or after the date of the enactment of this chapter. (d)(1) Subject to subsection (a), protection is available under this chapter to any mask work that was first commercially exploited on or after July 1, 1983, and before the date of the en- actment of this chapter, if a claim of protection in the mask work is registered in the Copyright Office before July 1, 1985, under section 908. (2) In the case of any mask work described in paragraph (1) that is provided protection under this chapter, infringing semiconductor chip product units manufactured before the date of the enactment of this chapter may, without li- ability under sections 910 and 911, be imported into or distributed in the United States, or both, until two years after the date of registration of the mask work under section 908, but only if the importer or distributor, as the case may be, first pays or offers to pay the reasonable royalty re- ferred to in section 907(a)(2) to the mask work owner, on all such units imported or distributed, or both, after the date of the enactment of this chapter. (3) In the event that a person imports or dis- tributes infringing semiconductor chip product units described in paragraph (2) of this sub- section without first paying or offering to pay the reasonable royalty specified in such para- graph, or if the person refuses or fails to make such payment, the mask work owner shall be en- titled to the relief provided in sections 910 and 911. (Added Pub. L. 98–620, title III, § 302, Nov. 8, 1984, 98 Stat. 3354.) Editorial Notes REFERENCES IN TEXT The date of enactment of this chapter, referred to in text, is the date of enactment of Pub. L. 98–620, which was approved Nov. 8, 1984. § 914. International transitional provisions (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 peti- tion 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— Page 209 TITLE 17—COPYRIGHTS § 914 (A) entering into a treaty described in sec- tion 902(a)(1)(A); or (B) enacting or implementing legislation that would be in compliance with subpara- graph (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 en- gaged in the misappropriation, or unauthor- ized 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 ef- fect with respect to a foreign nation, no applica- tion 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 Com- merce under subsection (a) shall be effective for such period as the Secretary designates in the order, except that no such order may be effec- tive after the date on which the authority of the Secretary of Commerce terminates under sub- section (e). The effective date of any such order shall also be designated in the order. In the case of an order issued upon the petition of a person, such effective date may be no earlier than the date on which the Secretary receives such peti- tion. (d)(1) Any order issued under this section shall terminate if— (A) the Secretary of Commerce finds that any of the conditions set forth in paragraphs (1), (2), and (3) of subsection (a) no longer exist; or (B) mask works of nationals, domiciliaries, and sovereign authorities of that foreign na- tion or mask works first commercially ex- ploited in that foreign nation become eligible for protection under subparagraph (A) or (C) of section 902(a)(1). (2) Upon the termination or expiration of an order issued under this section, registrations of claims of protection in mask works made pursu- ant to that order shall remain valid for the pe- riod specified in section 904. (e) The authority of the Secretary of Com- merce under this section shall commence on the date of the enactment of this chapter, and shall terminate on July 1, 1995. (f)(1) The Secretary of Commerce shall promptly notify the Register of Copyrights and the Committees on the Judiciary of the Senate and the House of Representatives of the issuance or termination of any order under this section, together with a statement of the reasons for such action. The Secretary shall also publish such notification and statement of reasons in the Federal Register. (2) Two years after the date of the enactment of this chapter, the Secretary of Commerce, in consultation with the Register of Copyrights, shall transmit to the Committees on the Judici- ary of the Senate and the House of Representa- tives a report on the actions taken under this section and on the current status of inter- national recognition of mask work protection. The report shall include such recommendations for modifications of the protection accorded under this chapter to mask works owned by na- tionals, domiciliaries, or sovereign authorities of foreign nations as the Secretary, in consulta- tion with the Register of Copyrights, considers would promote the purposes of this chapter and international comity with respect to mask work protection. Not later than July 1, 1994, the Sec- retary of Commerce, in consultation with the Register of Copyrights, shall transmit to the Committees on the Judiciary of the Senate and the House of Representatives a report updating the matters contained in the report transmitted under the preceding sentence. (Added Pub. L. 98–620, title III, § 302, Nov. 8, 1984, 98 Stat. 3355; amended Pub. L. 100–159, §§ 2, 4, Nov. 9, 1987, 101 Stat. 899, 900; Pub. L. 102–64, §§ 3, 4, June 28, 1991, 105 Stat. 320, 321.) Editorial Notes REFERENCES IN TEXT The date of enactment of this chapter, referred to in subsecs. (e) and (f)(2), is the date of enactment of Pub. L. 98–620, which was approved Nov. 8, 1984. AMENDMENTS 1991—Subsec. (a)(1)(B). Pub. L. 102–64, § 3(1), inserted ‘‘or implementing’’ after ‘‘enacting’’. Subsec. (e). Pub. L. 102–64, § 3(2), substituted ‘‘July 1, 1995’’ for ‘‘July 1, 1991’’. Subsec. (f)(2). Pub. L. 102–64, § 4, substituted ‘‘July 1, 1994’’ for ‘‘July 1, 1990’’. 1987—Subsec. (e). Pub. L. 100–159, § 2, substituted ‘‘on July 1, 1991’’ for ‘‘three years after such date of enact- ment’’. Subsec. (f)(2). Pub. L. 100–159, § 4, which directed the amendment of subsec. (f) by inserting at end ‘‘Not later than July 1, 1990, the Secretary of Commerce, in con- sultation with the Register of Copyrights, shall trans- mit to the Committees on the Judiciary of the Senate and the House of Representatives a report updating the matters contained in the report transmitted under the preceding sentence.’’, was executed by inserting new language at end of par. (2) of subsec. (f) as the probable intent of Congress. Statutory Notes and Related Subsidiaries FINDINGS AND PURPOSES Pub. L. 102–64, § 2, June 28, 1991, 105 Stat. 320, provided that: ‘‘(a) FINDINGS.—The Congress finds that— ‘‘(1) section 914 of title 17, United States Code, which authorizes the Secretary of Commerce to issue orders extending interim protection under chapter 9 of title 17, United States Code, to mask works fixed in semiconductor chip products and originating in foreign countries that are making good faith efforts and reasonable progress toward providing protection, by treaty or legislation, to mask works of United States nationals, has resulted in substantial and posi- tive legislative developments in foreign countries re- garding protection of mask works; ‘‘(2) the Secretary of Commerce has determined that most of the industrialized countries of the world are eligible for orders affording interim protection under section 914 of title 17, United States Code; ‘‘(3) no multilateral treaty recognizing the protec- tion of mask works has come into force, nor has the Page 210 TITLE 17—COPYRIGHTS § 1001 United States become bound by any multilateral agreement regarding such protection; and ‘‘(4) bilateral and multilateral relationships regard- ing the protection of mask works should be directed toward the international protection of mask works in an effective, consistent, and harmonious manner, and the existing bilateral authority of the Secretary of Commerce under chapter 9 of title 17, United States Code, should be extended to facilitate the continued development of protection for mask works. ‘‘(b) PURPOSES.—The purposes of this Act [amending this section and enacting provisions set out as a note under section 901 of this title] are— ‘‘(1) to extend the period within which the Sec- retary of Commerce may grant interim protection or- ders under section 914 of title 17, United States Code, to continue the incentive for the bilateral and multi- lateral protection of mask works; and ‘‘(2) to clarify the Secretary’s authority to issue such interim protection orders.’’ Pub. L. 100–159, § 1, Nov. 9, 1987, 101 Stat. 899, as amended by Pub. L. 105–80, § 12(b)(1), Nov. 13, 1997, 111 Stat. 1536, provided that: ‘‘(a) FINDINGS.—The Congress finds that— ‘‘(1) section 914 of title 17, United States Code, which authorizes the Secretary of Commerce to issue orders extending interim protection under chapter 9 of title 17, United States Code, to mask works fixed in semiconductor chip products and originating in foreign countries that are making good faith efforts and reasonable progress toward providing protection, by treaty or legislation, to mask works of United States nationals, has resulted in substantial and posi- tive legislative developments in foreign countries re- garding protection of mask works; ‘‘(2) the Secretary of Commerce has determined that most of the industrialized countries of the world are eligible for orders affording interim protection under section 914 of title 17, United States Code; ‘‘(3) the World Intellectual Property Organization has commenced meetings to draft an international convention regarding the protection of integrated electronic circuits; ‘‘(4) these bilateral and multilateral developments are encouraging steps toward improving inter- national protection of mask works in a consistent and harmonious manner; and ‘‘(5) it is inherent in section 902 of title 17, United States Code, that the President has the authority to revise, suspend, or revoke, as well as issue, proclama- tions extending mask work protection to nationals, domiciliaries, and sovereign authorities of other countries, if conditions warrant. ‘‘(b) PURPOSES.—The purposes of this Act [amending this section and section 902 of this title] are— ‘‘(1) to extend the period within which the Sec- retary of Commerce may grant interim protective or- ders under section 914 of title 17, United States Code, to continue this incentive for the bilateral and multi- lateral protection of mask works; and ‘‘(2) to codify the President’s existing authority to revoke, suspend, or limit the protection extended to mask works of foreign entities in nations that extend mask work protection to United States nationals.’’ CHAPTER 10—DIGITAL AUDIO RECORDING DEVICES AND MEDIA SUBCHAPTER A—DEFINITIONS Sec. 1001. Definitions. SUBCHAPTER B—COPYING CONTROLS 1002. Incorporation of copying controls. SUBCHAPTER C—ROYALTY PAYMENTS 1003. Obligation to make royalty payments. 1004. Royalty payments. 1005. Deposit of royalty payments and deduction of expenses. Sec. 1006. Entitlement to royalty payments. 1007. Procedures for distributing royalty pay- ments. SUBCHAPTER D—PROHIBITION ON CERTAIN IN- FRINGEMENT ACTIONS, REMEDIES, AND ARBI- TRATION 1008. Prohibition on certain infringement actions. 1009. Civil remedies. 1010. Determination of certain disputes. Editorial Notes AMENDMENTS 2004—Pub. L. 108–419, § 5(i)(4)(B), Nov. 30, 2004, 118 Stat. 2369, substituted ‘‘Determination’’ for ‘‘Arbitra- tion’’ in item 1010. SUBCHAPTER A—DEFINITIONS § 1001. Definitions As used in this chapter, the following terms have the following meanings: (1) A ‘‘digital audio copied recording’’ is a reproduction in a digital recording format of a digital musical recording, whether that repro- duction is made directly from another digital musical recording or indirectly from a trans- mission. (2) A ‘‘digital audio interface device’’ is any machine or device that is designed specifically to communicate digital audio information and related interface data to a digital audio re- cording device through a nonprofessional interface. (3) A ‘‘digital audio recording device’’ is any machine or device of a type commonly distrib- uted to individuals for use by individuals, whether or not included with or as part of some other machine or device, the digital re- cording function of which is designed or mar- keted for the primary purpose of, and that is capable of, making a digital audio copied re- cording for private use, except for— (A) professional model products, and (B) dictation machines, answering ma- chines, and other audio recording equipment that is designed and marketed primarily for the creation of sound recordings resulting from the fixation of nonmusical sounds. (4)(A) A ‘‘digital audio recording medium’’ is any material object in a form commonly dis- tributed for use by individuals, that is pri- marily marketed or most commonly used by consumers for the purpose of making digital audio copied recordings by use of a digital audio recording device. (B) Such term does not include any material object— (i) that embodies a sound recording at the time it is first distributed by the importer or manufacturer; or (ii) that is primarily marketed and most commonly used by consumers either for the purpose of making copies of motion pictures or other audiovisual works or for the pur- pose of making copies of nonmusical literary works, including computer programs or data bases. (5)(A) A ‘‘digital musical recording’’ is a ma- terial object—