Historical and Revision Notes
house report no. 94–1476

The significant definitions in this section will be mentioned or summarized in connection with the provisions to which they are most relevant.

Editorial Notes
References in Text

Section 1011(d) of the Intellectual Property and Communications 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 Copyright 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, referred 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 definition of “food service or drinking establishment” to appear 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 picture 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 definition 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”.

2000—Pub. L. 106–379, § 2(a)(2), in definition of “work made for hire”, inserted after par. (2) provisions relating to considerations and interpretations to be used in determining whether any work is eligible to be considered 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 “motion 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 “audiovisual work,” to reflect the probable intent of Congress.

Pub. L. 106–44, § 1(g)(1)(B), in definition of “proprietor”, substituted “For purposes of section 513, a ‘proprietor’ ” 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 ‘country 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 “establishment” and “food service or drinking establishment”.

Pub. L. 105–304, § 102(a)(3), inserted definition of “Geneva 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 display 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 introductory 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 Convention 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 architectural 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 November 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:

“Sections 1001, 1003, 1005, 1007, 1008, 1009, 1010, and 1011 [enacting 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 a note under this section and section 325 of Title 47, and amending provisions set out as a note under section 119 of this title] (and the amendments 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 [enacting 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 effect on the date of the enactment of this Act [Oct. 28, 1998].
“(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 [Mar. 6, 2002]:
“(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 [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 ‘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 [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].”

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 immediately 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 January 1, 1964, and December 31, 1977. Copyrights secured before January 1, 1964, shall be governed by the provisions of section 304(a) of title 17, United States Code, as in effect on the day before the effective date of this section [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 embodied 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, provided 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 enacting 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 effective date of this Act shall be governed by the provisions of such title as in effect when the cause of action arose.”

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 sections 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 Protection and Promotion Act of 2019’.”

Short Title of 2018 Amendment

Pub. L. 115–264, § 1(a), Oct. 11, 2018, 132 Stat. 3676, provided 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 section 137 of Title 28, Judiciary and Judicial Procedure, and enacting provisions set out as notes under this section and sections 106, 114, and 115 of this title] may be cited as the ‘Orrin G. Hatch–Bob Goodlatte Music Modernization 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 provisions set out as notes under sections 106, 114, and 115 of this title] may be cited as the ‘Musical Works Modernization 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 ‘Allocation 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, Clarification, and Corrections Act of 2010’.”

Pub. L. 111–175, § 1(a), May 27, 2010, 124 Stat. 1218, provided 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, provided 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, provided that:

“This Act [amending section 114 of this 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, provided 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, provided that:

“This Act [amending section 1301 of this title] may be cited as the ‘Vessel Hull Design Protection 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 Observances, 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 Judicial 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 sections 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 Reauthorization 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, provided 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 enacting provisions set out as a note under section 801 of this title] may be cited as the ‘Copyright Royalty and Distribution 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 Settlement 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 Harmonization Act of 2002’.”

Short Title of 2000 Amendment

Pub. L. 106–379, § 1, Oct. 27, 2000, 114 Stat. 1444, provided that:

“This Act [amending this section and sections 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 Corrections 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 Viewer Improvement Act of 1999’.”

Short Title of 1998 Amendment

Pub. L. 105–304, § 1, Oct. 28, 1998, 112 Stat. 2860, provided that:

“This Act [enacting section 512 and chapters 12 and 13 of this title and section 4001 of Title 28, Judiciary and Judicial Procedure, amending this section, sections 104, 104A, 108, 112, 114, 117, 411, 507, 701, and 801 to 803 of this title, section 5314 of Title 5, Government Organization and Employees, sections 1338, 1400, and 1498 of Title 28, and section 3 of Title 35, Patents, 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 amending provisions set out as notes under this section and 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 enacting 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, provided 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, provided that:

“This Act [amending sections 111, 116, 118, 119, 801 to 803, 1004 to 1007, and 1010 of this title and section 1288 of Title 8, Aliens and Nationality, renumbering 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 provisions 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, provided 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 Recording Act of 1992’.”

Pub. L. 102–307, § 1, June 26, 1992, 106 Stat. 264, provided that:

“This Act [enacting sections 179 to 179k of Title 2, The Congress, amending this section and sections 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 enacting 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 International 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 section 106A of this title] may be cited as the ‘Visual Artists 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, provided that:

“This Act [enacting section 511 of this title, amending sections 501, 910, and 911 of this title, and enacting provisions set out as a note under section 501 of this title] may be cited as the ‘Copyright Remedy Clarification 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, Telecommunications, 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, provided 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 Protection 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 enacted 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 sections 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 circumstance, 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 invalidation.”

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 decree or other court order governing its operation, as such statute, ordinance, law, decree, or order is in effect 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 governmental entity to take any action or enforce restrictions 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, provided that:

“The Congress makes the following declarations:
“(1) The Convention for the Protection of Literary and Artistic Works, signed at Berne, Switzerland, on September 9, 1886, and all acts, protocols, and revisions 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 Constitution 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 Convention and no further rights or interests shall be recognized or created for that purpose.”

Berne Convention; Construction

Pub. L. 100–568, § 3, Oct. 31, 1988, 102 Stat. 2853, provided that:

“(a)
Relationship With Domestic Law.—
The provisions 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 obligations 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 author’s honor or reputation.”

Works in Public Domain Without Copyright Protection

Pub. L. 100–568, § 12, Oct. 31, 1988, 102 Stat. 2860, provided 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 [enacting 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 meaning given that term in section 2(10) of the Uruguay Round Agreements Act.”