Appendix B The Digital Millennium Copyright Act of 19981 Section 1. Short Title. This Act may be cited as the “Digital Millennium Copyright Act”. Title I — WIPO Treaties Implementation Sec. 101. Short Title. This title may be cited as the “WIPO Copyright and Performances and Phonograms Treaties Implementation Act of 1998”. * * * * * * * Sec. 105. Effective Date. (a) In General. — Except as otherwise provided in this title, this title and the amendments made by this title shall take effect on the date of the enactment of this Act. (b) Amendments Relating to Certain International Agreements. — (1) The following shall take effect upon the entry into force of the WIPO Copyright Treaty with respect to the United States: (A) Paragraph (5) of the definition of “international 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. (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: (A) Paragraph (6) of the definition of “international 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. (C) The amendment made by section 102(b)(2) of this Act. (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. * * * * * * * Title II — Online Copyright Infringement Liability Limitation Sec. 201. Short Title. This title may be cited as the “Online Copyright Infringement Liability Limitation Act”. * * * * * * * Sec. 203. Effective Date. This title and the amendments made by this title shall take effect on the date of the enactment of this Act. * * * * * * * Title IV — Miscellaneous Provisions Sec. 401. Provisions Relating to the Commissioner of Patents and Trademarks and the Register of Copyrights (a) Compensation. — (1) Section 3(d) of title 35, United States Code, is amended by striking “prescribed by law for Assistant Secretaries of Commerce” and inserting “in effect for level III of the Executive Schedule under section 5314 of title 5, United States Code”. * * * * * * * (3) Section 5314 of title 5, United States Code, is amended by adding at the end the following: “Assistant Secretary of Commerce and Commissioner of Patents and Trademarks. “Register of Copyrights.”. * * * * * * * Sec. 405. Scope of Exclusive Rights in Sound Recordings; Ephemeral Recordings. (a) Scope of Exclusive Rights in Sound Recordings. * * * * * * * (5) The amendment made by paragraph (2)(B)(i)(III) of this subsection shall be deemed to have been enacted as part of the Digital Performance Right in Sound Recordings Act of 1995, and the publication of notice of proceedings under section 114(f)(1) of title 17, United States Code, as in effect upon the effective date of that Act, for the determination of royalty payments shall be deemed to have been made for the period beginning on the effective date of that Act and ending on December 1, 2001. (6) The amendments made by this subsection do not annul, limit, or otherwise impair the rights that are preserved by section 114 of title 17, United States Code, including the rights preserved by subsections (c), (d)(4), and (i) of such section. * * * * * * * (c) Scope of Section 112(a) of Title 17 Not Affected. — Nothing in this section or the amendments made by this section shall affect the scope of section 112(a) of title 17, United States Code, or the entitlement of any person to an exemption thereunder. * * * * * * * Sec. 406. Assumption of Contractual Obligations Related to Transfers of Rights in Motion Pictures. (a) In General. — Part VI of title 28, United States Code, is amended by adding at the end the following new chapter: “Chapter 180 — Assumption of Certain Contractual Obligations “Sec. 4001. Assumption of contractual obligations related to transfers of rights in motion pictures. “§4001. Assumption of contractual obligations related to transfers of rights in motion pictures “(a) Assumption of Obligations. — (1) In the case of a transfer of copyright ownership under United States law in a motion picture (as the terms ‘transfer of copyright ownership’ and ‘motion picture’ are defined in section 101 of title 17) that is produced subject to 1 or more collective bargaining agreements negotiated under the laws of the United States, if the transfer is executed on or after the effective date of this chapter and is not limited to public performance rights, the transfer instrument shall be deemed to incorporate the assumption agreements applicable to the copyright ownership being transferred that are required by the applicable collective bargaining agreement, and the transferee shall be subject to the obligations under each such assumption agreement to make residual payments and provide related notices, accruing after the effective date of the transfer and applicable to the exploitation of the rights transferred, and any remedies under each such assumption agreement for breach of those obligations, as those obligations and remedies are set forth in the applicable collective bargaining agreement, if — “(A) the transferee knows or has reason to know at the time of the transfer that such collective bargaining agreement was or will be applicable to the motion picture; or “(B) in the event of a court order confirming an arbitration award against the transferor under the collective bargaining agreement, the transferor does not have the financial ability to satisfy the award within 90 days after the order is issued. “(2) For purposes of paragraph (1)(A), ‘knows or has reason to know’ means any of the following: “(A) Actual knowledge that the collective bargaining agreement was or will be applicable to the motion picture. “(B)(i) Constructive knowledge that the collective bargaining agreement was or will be applicable to the motion picture, arising from recordation of a document pertaining to copyright in the motion picture under section 205 of title 17 or from publication, at a site available to the public on-line that is operated by the relevant union, of information that identifies the motion picture as subject to a collective bargaining agreement with that union, if the site permits commercially reasonable verification of the date on which the information was available for access. “(ii) Clause (i) applies only if the transfer referred to in subsection (a)(1) occurs - “(I) after the motion picture is completed, or “(II) before the motion picture is completed and - “(aa) within 18 months before the filing of an application for copyright registration for the motion picture under section 408 of title 17, or “(bb) if no such application is filed, within 18 months before the first publication of the motion picture in the United States. “(C) Awareness of other facts and circumstances pertaining to a particular transfer from which it is apparent that the collective bargaining agreement was or will be applicable to the motion picture. “(b) Scope of Exclusion of Transfers of Public Performance Rights. — For purposes of this section, the exclusion under subsection (a) of transfers of copyright ownership in a motion picture that are limited to public performance rights includes transfers to a terrestrial broadcast station, cable system, or programmer to the extent that the station, system, or programmer is functioning as an exhibitor of the motion picture, either by exhibiting the motion picture on its own network, system, service, or station, or by initiating the transmission of an exhibition that is carried on another network, system, service, or station. When a terrestrial broadcast station, cable system, or programmer, or other transferee, is also functioning otherwise as a distributor or as a producer of the motion picture, the public performance exclusion does not affect any obligations imposed on the transferee to the extent that it is engaging in such functions. “(c) Exclusion for Grants of Security Interests. — Subsection (a) shall not apply to — “(1) a transfer of copyright ownership consisting solely of a mortgage, hypothecation, or other security interest; or “(2) a subsequent transfer of the copyright ownership secured by the security interest described in paragraph (1) by or under the authority of the secured party, including a transfer through the exercise of the secured party's rights or remedies as a secured party, or by a subsequent transferee. The exclusion under this subsection shall not affect any rights or remedies under law or contract. “(d) Deferral Pending Resolution of Bona Fide Dispute. — A transferee on which obligations are imposed under subsection (a) by virtue of paragraph (1) of that subsection may elect to defer performance of such obligations that are subject to a bona fide dispute between a union and a prior transferor until that dispute is resolved, except that such deferral shall not stay accrual of any union claims due under an applicable collective bargaining agreement. “(e) Scope of Obligations Determined by Private Agreement. — Nothing in this section shall expand or diminish the rights, obligations, or remedies of any person under the collective bargaining agreements or assumption agreements referred to in this section. “(f) Failure to Notify. — If the transferor under subsection (a) fails to notify the transferee under subsection (a) of applicable collective bargaining obligations before the execution of the transfer instrument, and subsection (a) is made applicable to the transferee solely by virtue of subsection (a)(1)(B), the transferor shall be liable to the transferee for any damages suffered by the transferee as a result of the failure to notify. “(g) Determination of Disputes and Claims. — Any dispute concerning the application of subsections (a) through (f) shall be determined by an action in United States district court, and the court in its discretion may allow the recovery of full costs by or against any party and may also award a reasonable attorney's fee to the prevailing party as part of the costs. “(h) Study. — The Comptroller General, in consultation with the Register of Copyrights, shall conduct a study of the conditions in the motion picture industry that gave rise to this section, and the impact of this section on the motion picture industry. The Comptroller General shall report the findings of the study to the Congress within 2 years after the effective date of this chapter.”. * * * * * * * SEC. 407. EFFECTIVE Date. Except as otherwise provided in this title, this title and the amendments made by this title shall take effect on the date of the enactment of this Act. * * * * * * * Title V — Protection of Certain Original Designs Sec. 501. Short Title. This Act may be referred to as the “Vessel Hull Design Protection Act”. * * * * * * * Sec. 505. Effective Date.2 The amendments made by sections 502 and 503 shall take effect on the date of the enactment of this Act.3 Appendix B · Endnotes 1This appendix contains provisions from the Digital Millennium Copyright Act (DMCA), Pub. L. No. 105-304, 112 Stat. 2860, that do not amend title 17 of the United States Code. 2The Intellectual Property and Communications Omnibus Reform Act of 1999 amended section 505 by deleting everything at the end of the sentence, after “Act.” Pub. L. No. 106-113, 113 Stat. 1501, app. I at 1501A-521, 593. 3Section 502 of the DMCA added chapter 13 to title 17 of the United States Code. Section 503 made conforming amendments. The date of enactment of this Act is October 28, 1998.
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SciReg Terms of Service
1. General Provisions
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "User," or "you") and SolCity Nav, LLC, a Delaware limited liability company ("SciReg," "Company," "we," "our," or "us"), governing your access to and use of the SciReg website and all related services.
By creating an Account, submitting Registration(s), uploading Submitted Materials, purchasing Registration(s), or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.
If you do not agree to these Terms, you must not access or use the Service.
The Company reserves the right to modify these Terms at any time. Revised Terms become effective immediately upon publication on the SciReg website. Your continued use of the Service after publication of revised Terms constitutes your acceptance of those revisions.
2. Definitions
For purposes of these Terms:
Account means a registered user account created through the SciReg website.
Customer means any individual or legal entity using the Service.
Service means the SciReg website and all services provided by SolCity Nav, LLC.
Registration means the submission of information and Submitted Materials through the Service for creation of a Registration Record.
Registration Record means the electronic record created and maintained by SciReg containing information supplied by the Customer together with the assigned registration number and registration date.
Registration Certificate means the electronic certificate generated by SciReg confirming creation of a Registration Record.
Submitted Materials means any files, documents, manuscripts, publications, software, databases, images, audiovisual works, research materials, or other content submitted by the Customer through the Service.
3. Description of the Service
SciReg is an independent online registration and publication service that enables Customers to create dated electronic Registration Records for intellectual works and other Submitted Materials.
For each accepted Registration, SciReg may:
- assign a unique registration number;
- record the date and time of Registration;
- maintain a Registration Record;
- securely store Submitted Materials;
- generate and issue a Registration Certificate;
- publish Registration information where publication is selected or otherwise authorized by the Customer.
SciReg operates as a private commercial service and is not affiliated with any governmental authority.
4. Nature of the Service
SciReg is an independent private registration service.
SciReg is not:
- a government copyright office;
- a patent office;
- a trademark office;
- a governmental registration authority;
- a court of law;
- a notary public;
- an arbitration tribunal.
SciReg does not:
- determine authorship;
- determine ownership of intellectual property rights;
- verify the identity of Customers;
- verify the accuracy of submitted information;
- verify originality of Submitted Materials;
- determine whether Submitted Materials qualify for copyright or other legal protection under any jurisdiction;
- provide legal advice or legal opinions;
- resolve disputes concerning ownership or intellectual property rights.
SciReg creates Registration Records solely on the basis of information provided by the Customer. The Company does not independently verify the identity of the Customer or the accuracy, completeness, legality, ownership, originality, authenticity, or legal status of any Submitted Materials.
A Registration Certificate confirms only that SciReg received specified information and Submitted Materials, created a Registration Record, assigned a registration number, and recorded the corresponding date and time of Registration.
A Registration Certificate is not a governmental registration, is not evidence of ownership or authorship, does not establish the existence or validity of copyright or any other intellectual property rights, and does not constitute a legal opinion, certification, adjudication, or governmental act.
5. Registration Procedure
To create a Registration Record, the Customer must:
- Create a SciReg Account or sign in to an existing Account.
- Complete the Registration form by providing the required information.
- Upload the Submitted Materials. Each Registration may include one archive file not exceeding 7 MB in size.
- Pay the applicable Registration fee, unless the Registration qualifies for a free Registration offered by the Company.
- Submit the Registration through the Service.
Upon successful completion of the Registration process and receipt of payment, if applicable, SciReg will create a Registration Record, assign a unique registration number, record the date and time of Registration, and make a Registration Certificate available to the Customer.
The Company reserves the right to reject or cancel any Registration that violates these Terms or applicable law.
6. Registration Fees
The Company may offer free Registrations and paid Registrations.
Unless otherwise stated on the SciReg website:
- the first two (2) Registrations submitted by a Customer are provided free of charge;
- each additional Registration is subject to a fee of US $7.00.
Registration fees are subject to change at any time. Any revised fees apply only to Registrations submitted after publication of the updated pricing.
All payments are non-refundable except where required by applicable law or expressly approved by the Company in its sole discretion.
Taxes, duties, bank charges, currency conversion fees, and similar charges imposed by third parties remain the sole responsibility of the Customer.
7. Customer Responsibilities
The Customer represents and warrants that:
- the Customer has the legal right to submit the Submitted Materials;
- the Submitted Materials do not knowingly violate any applicable law;
- the Submitted Materials do not knowingly infringe the intellectual property or other legal rights of any third party;
- all information provided during Registration is accurate and complete to the best of the Customer's knowledge.
The Customer is solely responsible for the content, legality, accuracy, ownership, and use of all Submitted Materials.
If Submitted Materials contain confidential, proprietary, trade secret, personal, or otherwise sensitive information, the Customer is solely responsible for determining whether submission to the Service is appropriate.
The Customer remains solely responsible for determining whether any AI-generated or AI-assisted materials qualify for copyright or other legal protection under applicable law.
8. License Granted to SciReg
The Customer retains all ownership and intellectual property rights in the Submitted Materials.
By submitting materials through the Service, the Customer grants SciReg a non-exclusive, worldwide, royalty-free license to:
- receive and process the Submitted Materials;
- create and maintain Registration Records;
- store backup copies;
- generate Registration Certificates;
- reproduce Submitted Materials as reasonably necessary for operation of the Service;
- publish Registration information where publication is selected or authorized by the Customer.
This license exists solely for the purpose of operating the Service and terminates when continued retention is no longer required for operation of the Service, legal compliance, dispute resolution, or legitimate business purposes.
Nothing in these Terms transfers ownership of the Submitted Materials to the Company.
9. Prohibited Use
The Customer agrees not to use the Service:
- for unlawful purposes;
- to submit malicious software or harmful code;
- to upload material that intentionally infringes the rights of third parties;
- to interfere with operation or security of the Service;
- to attempt unauthorized access to Company systems or other user Accounts;
- to submit false or misleading Registration information.
The Company reserves the right to refuse, suspend, remove, or terminate any Registration or Account that violates these Terms or applicable law without prior notice.
10. Privacy
The Company collects, stores, and processes personal information solely for the purpose of operating the Service, maintaining Registration Records, communicating with Customers, processing payments, complying with legal obligations, preventing fraud, and improving the Service.
The Company does not sell Customers' personal information to third parties.
By using the Service, the Customer consents to such processing of personal information.
11. Electronic Communications
The Customer agrees that all notices, disclosures, Registration Certificates, invoices, receipts, and other communications provided electronically by the Company satisfy any legal requirement that such communications be in writing.
12. Intellectual Property
The SciReg website, software, design, logos, trademarks, text, graphics, databases, and all other materials provided by the Company are the exclusive property of SolCity Nav, LLC or its licensors and are protected by applicable intellectual property laws.
Except as expressly permitted by these Terms, no part of the Service may be copied, reproduced, modified, distributed, reverse engineered, or otherwise used without the Company's prior written permission.
13. Availability of the Service
The Company will use commercially reasonable efforts to keep the Service available.
However, SciReg does not guarantee uninterrupted operation or continuous availability.
The Service may be modified, suspended, restricted, or discontinued at any time without prior notice.
The Company may perform maintenance, upgrades, security improvements, or other technical operations that temporarily interrupt the availability of the Service.
14. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE."
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, OR AVAILABILITY.
THE COMPANY DOES NOT WARRANT THAT:
- THE SERVICE WILL OPERATE WITHOUT INTERRUPTION;
- THE SERVICE WILL BE ERROR-FREE;
- DEFECTS WILL BE CORRECTED;
- THE SERVICE WILL ALWAYS BE AVAILABLE;
- THE SERVICE WILL MEET THE CUSTOMER'S EXPECTATIONS OR PARTICULAR REQUIREMENTS.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SOLCITY NAV, LLC, ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS, LOSS OF GOODWILL, OR INTERRUPTION OF BUSINESS ARISING OUT OF OR RELATING TO THE USE OF THE SERVICE.
THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM:
- INFORMATION PROVIDED BY CUSTOMERS;
- UNAUTHORIZED ACCESS TO CUSTOMER ACCOUNTS;
- THIRD-PARTY ACTIONS;
- INTERNET FAILURES;
- FORCE MAJEURE EVENTS;
- VIRUSES OR OTHER HARMFUL SOFTWARE NOT CAUSED BY THE COMPANY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE COMPANY ARISING OUT OF ANY CLAIM RELATING TO THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY THE CUSTOMER FOR THE REGISTRATION GIVING RISE TO THE CLAIM.
16. Indemnification
The Customer agrees to defend, indemnify, and hold harmless SolCity Nav, LLC, its owners, directors, officers, employees, contractors, and affiliates from and against any claims, liabilities, damages, losses, costs, expenses, and reasonable attorneys' fees arising out of:
- the Customer's use of the Service;
- Submitted Materials;
- violation of these Terms;
- violation of applicable law;
- infringement of any third-party rights.
17. Suspension and Termination
The Company may suspend, restrict, or terminate any Account or Registration at any time if the Company reasonably believes that:
- these Terms have been violated;
- applicable law has been violated;
- continued use of the Service may expose the Company to legal or financial risk;
- fraudulent or abusive activity has occurred.
Termination of an Account does not affect rights and obligations that accrued prior to termination.
The Company may retain Registration Records where required by law, for dispute resolution, fraud prevention, security, or legitimate business purposes.
18. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.
Any legal action arising out of or relating to these Terms or the Service shall be brought exclusively in the state or federal courts located in the State of Delaware, and the Customer irrevocably submits to the jurisdiction of those courts.
19. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
20. Entire Agreement
These Terms, together with the Privacy Policy, Refund Policy, and any other legal policies published by the Company, constitute the entire agreement between the Customer and SolCity Nav, LLC concerning the Service and supersede all prior understandings relating to the same subject matter.
21. Contact Information
SolCity Nav, LLC
651 North Broad Street
Middletown, Delaware 19709
United States
E-mail: scireg@scireg.org
Website: https://scireg.org
