Copyright
Law of the United States of America
and Related Laws
Contained in Title 17 of the United States Code
Circular 92
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”.
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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.
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Title
II — Online Copyright Infringement Liability Limitation
Sec. 201. Short Title.
This title may be cited as the “Online
Copyright Infringement Liability Limitation Act”.
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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.
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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”.
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(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.”.
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Sec. 405. Scope of Exclusive Rights in Sound Recordings; Ephemeral Recordings.
(a)
Scope of Exclusive Rights in Sound Recordings.
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(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.
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(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.
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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.
Ҥ4001. 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.”.
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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.
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Title V — Protection of Certain Original
Designs
Sec. 501. Short Title.
This
Act may be referred to as the “Vessel Hull Design Protection Act”.
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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
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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