
Coalition for Networked Information
Information Policies:  A Compilation of Position Statements, Principles,
Statutes, and Other Pertinent Statements



Copyright Act of 1976

Source:  Title 17, United States Code, Sections 101-810.

[Sections 106, 107, and 108 of the U.S. Copyright Act are of particular 
interest to the projected user community of this information.  However, 
in order to have the convenience of access to the complete act available 
it is provided here in its entirety.]


Section 101.  Definitions.

     As used in this title, the following terms and their variant forms 
mean the following:

          An "anonymous work" is a work on the copies or phonorecords of 
     which no natural person is identified as author.

          "Audiovisual works" are works that consist of a series of related 
     images which are intrinsically intended to be shown by the use of 
     machines or devices such as projectors, viewers, or electronic
     equipment, together with accompanying sounds, if any, regardless of 
     the nature of the material objects, such as films or tapes, in which 
     the works are embodied.

          The "best edition" of a work is the edition, published in the United 
     States at any time before the date of deposit, that the Library of 
     Congress determines to be most suitable for its purposes.

          A person's "children" are that person's immediate offspring, 
     whether legitimate or not, and any children legally adopted by that 
     person.

          A "collective work" is a work, such as a periodical issue, 
     anthology, or encyclopedia, in which a number of contributions, 
     constituting separate and independent works in themselves, are 
     assembled into a collective whole.

          A "compilation" is a work formed by the collection and assembling 
     of preexisting materials or of data that are selected, coordinated, or 
     arranged in such a way that the resulting work as a whole constitutes 
     an original work of authorship.  The term "compilation" includes 
     collective works.

          A "computer program" is a set of statements or instructions to be 
     used directly or indirectly in a computer in order to bring about a
     certain result.

          "Copies" are material objects, other than phonorecords, in which a 
     work is fixed by any method now known or later developed, and from 
     which the work can be perceived, reproduced, or otherwise 
     communicated, either directly or with the aid of a machine or 
     device.  The term "copies" includes the material object, other than a 
     phonorecord, in which the work is first fixed.

          "Copyright owner," with respect to any one of the exclusive rights 
     comprised in a copyright, refers to the  owner of that particular 
     right.

          A work is "created" when it is fixed in a copy or phonorecord for 
     the first time; where a work is prepared over a period of time, the 
     portion of it that has been fixed at any particular time constitutes 
     the work as of that time, and where the work has been prepared in 
     different versions, each version constitutes a separate work.

          A "derivative work" is a work based upon one or more preexisting 
     works, such as a translation, musical arrangement, dramatization, 
     fictionalization, motion picture version, sound recording, art 
     reproduction, abridgment, condensation, or any other form in which a 
     work may be recast, transformed, or adapted.  A work consisting of 
     editorial revisions, annotations, elaborations, or other modifications 
     which, as a whole, represent an original work of authorship, is a 
     "derivative work."

          A "device," "machine," or "process" is one now known or later 
     developed.

          To "display" a work means to show a copy of it, either directly or 
     by means of a film, slide, television image, or any other device or 
     processor, in the case of a motion picture or other audiovisual work, to 
     show  individual images nonsequentially.

          A work is "fixed" in a tangible medium of expression when its 
     embodiment in a copy or phonorecord, by or under the authority of the 
     author, is sufficiently permanent or stable to permit it to be 
     perceived, reproduced, or otherwise communicated for a period of 
     more than transitory duration.  A work consisting of sounds, images, or 
     both, that are being transmitted, is "fixed for purposes of this title if 
     a fixation of the work is being made simultaneously with its 
     transmission.

          The terms "including" and "such as" are illustrative and not 
     limitative.

          A "joint work" is a work prepared by two or more authors with the 
     intention that their contributions be  merged into inseparable or 
     interdependent parts of a unitary whole.

          "Literary works" are works, other than audiovisual works, 
     expressed in words, numbers, or other verbal or numerical symbols or 
     indicia, regardless of the nature of the material objects, such as 
     books, periodicals, manuscripts, phonorecords, film, tapes, disks, or 
     cards, in which they are embodied.

          "Motion pictures: are audiovisual works consisting of a series of 
     related images which, when shown in  succession, impart an 
     impression of motion, together with accompanying sounds, if any.

          To "perform" a work means to recite, render, play, dance, or act it, 
     either directly or by means of any device or process or, in the case of a 
     motion picture or other audiovisual work, to show its images in any 
     sequence or to make the sounds accompanying it audible.

          "Phonorecords" are material objects in which sounds, other than 
     those accompanying a motion picture or other audiovisual work, are 
     fixed by any method now known or later developed, and from which 
     the sounds can be perceived, reproduced, or otherwise communicated, 
     either directly or with the aid of a machine or device.  The term 
     "phonorecords" includes the material object in which the sounds are 
     first fixed.

          "Pictorial, graphic, and sculptural works" include two-
     dimensional and three-dimensional works of fine, graphic, and
     applied art, photographs, prints and art reproductions, maps, globes, 
     charts, technical drawings, diagrams, and models.  Such works shall 
     include works of artistic craftsmanship insofar as their form but not 
     their mechanical or utilitarian aspects are concerned; the design of a 
     useful article, as defined in this section, shall be considered a 
     pictorial, graphic, or sculptural work only if, and only to the extent 
     that, such design incorporates pictorial, graphic, or sculptural 
     features that can be identified separately from, and are capable of 
     existing independently of, the utilitarian aspects of the article.

          A "pseudonymous work" is a work on the copies or phonorecords of 
     which the author is identified under a fictitious name. 

          "Publication" is the distribution of copies or phonorecords of a work 
     to the public by sale or other transfer of ownership, or by rental, 
     lease, or lending.  The offering to distribute copies or phonorecords to 
     a group of persons for purposes of further distribution, public 
     performance, or public display, constitutes publication.  A public
     performance or display of a work does not of itself constitute
     publication.

          To perform or display a work "publicly" means-

               (1)  to perform or display it at a place open to the public or 
          at any place where a substantial number of persons outside of a
          normal circle of a family and its social acquaintances is gathered;
          or,

               (2)  to transmit or otherwise communicate a performance or 
          display of the work to a place specified by clause (1) or to the 
          public, by means of any device or process, whether the members of 
          the public capable of receiving the performance or display receive 
          it in the same place or in separate places and at the same time or 
          at different times.

          "Sound recordings" are works that result from the fixation of a 
     series of musical, spoken, or other sounds, but not including the sounds 
     accompanying a motion picture or other audiovisual work, regardless 
     of the nature of the material objects, such as disks, tapes, or other 
     phonorecords, in which they are embodied.

          "State" includes the District of Columbia and the Commonwealth 
     of Puerto Rico, and any territories to which this title is made 
     applicable by an Act of Congress.

          A "Transfer of copyright ownership" is an assignment, mortgage, 
     exclusive license, or any other conveyance, alienation, or 
     hypothecation of a copyright or of any of the exclusive rights 
     comprised in a copyright, whether or not it is limited in time or place 
     of effect, but not including a nonexclusive license.

          A "transmission program" is a body of material that, as an 
     aggregate, has been produced for the sole purpose of transmission to 
     the public in sequence and as a unit.

          To "transmit" a performance or display is to communicate it by any 
     device or process whereby images or sounds are received beyond the 
     place from which they are sent.

          The "United States," when used in a geographical sense, comprises 
     the several States, the District of Columbia and the Commonwealth 
     of Puerto Rico, and the organized territories under the jurisdiction of 
     the United States Government.

          A "useful article" is an article having an intrinsic utilitarian 
     function that is not merely to portray the appearance of the article or 
     to convey information.  An article that is normally a part of a useful 
     article is considered a "useful article."

          The author's "widow" or "widower" is the author's surviving 
     spouse under the law of the author's domicile at the time of his or 
     her death, whether or not the spouse has later remarried.

          A "work of the United States Government" is a work prepared by 
     any officer or employee of the United States Government as part of 
     that person's official duties.

          A "work made for hire" is-

               (1)  a work prepared by an employee within the scope of his or 
          her employment; or

               (2)  a work specially ordered or commissioned for use as a 
          contribution to a collective work, as a part of a motion picture or 
          other audiovisual work, as a translation, as a supplementary work, 
          as a compilation, as an instructional text, as a test, as answer 
          material for a test, or as an atlas, if the parties expressly agree 
          in a written instrument signed by them that the work shall be 
          considered a work made for hire.  For the purpose of the foregoing 
          sentence, a "supplementary work" is a work prepared for 
          publication as a secondary adjunct to a work by another author for 
          the purpose of introducing, concluding, illustrating, explaining, 
          revising, commenting upon, or assisting in the use of the other work, 
          such as forewords, afterwords, pictorial illustrations, maps, 
          charts, tables, editorial notes, musical arrangements, answer 
          material for tests, bibliographies, appendixes, and indexes, and an 
          "instructional text" is a literary, pictorial, or graphic work 
          prepared for publication and with the purpose of use in systematic 
          instructional activities. 


Section 102.  Subject matter of copyright: In general.

     (a)  Copyright protection subsists, in accordance with this title, in 
original works of authorship fixed in any tangible medium of 
expression, now known or later developed, from which they can be 
perceived, reproduced, or otherwise communicated, either directly or 
with the aid of a machine or device. Works of authorship include the 
following categories:

          (1) literary works:
          (2) musical works, including any accompanying words;
          (3) dramatic works, including any accompanying music;
          (4) pantomimes and choreographic works;
          (5) pictorial, graphic, and sculptural works;
          (6) motion pictures and other audiovisual works; and
          (7) sound recordings.

     (b)  In no case does copyright protection for an original work of 
authorship extend to any idea, procedure, process, system, method of 
operation, concept, principle, or discovery, regardless of the form in 
which it is described, explained, illustrated, or embodied in such work.


Section 103.  Subject matter of copyright: Compilations and derivative works.

     (a)  The subject matter of copyright as specified by section 102 
includes compilations and derivative works, but protection for a work 
employing preexisting material in which copyright subsists does not 
extend to any part of the work in which such material has been used 
unlawfully.

     (b)  The copyright in a compilation or derivative work extends only 
to the material contributed by the author of such work, as 
distinguished from the preexisting material employed in the work, and 
does not imply any exclusive right in the preexisting material.  The 
copyright in such work is independent of, and does not affect or enlarge 
the scope, duration, ownership, or subsistence of, any copyright 
protection in the preexisting material.


Section 104.  Subject matter of copyright: National origin.

     (a)  Unpublished Works.--The works specified by sections 102 and 
103, while unpublished, are subject to protection under this title 
without regard to the nationality or domicile of the author.

     (b)  Published Works.-- The works specified by section 102 and 103, 
when published, are subject to protection under this title if-

          (1) on the date of first publication, one or more of the authors 
     is a national or domiciliary of the United States, or is a 
     national, domiciliary, or sovereign authority of a foreign 
     nation that is a party to a copyright treaty to which the 
     United States is also a party, or is a stateless person, wherever 
     that person may be domiciled; or

          (2) the work is first published in the United States or in a 
     foreign nation that, on the date of first publication, is a party 
     to the Universal Copyright Convention; or

          (3) the work is first published by the United Nations or any 
     of its specialized agencies, or by the Organization of American 
     States; or

          (4) the work comes within the scope of a Presidential 
     proclamation. Whenever the President finds that a particular 
     foreign nation extends, to works by authors who are nationals 
     or domiciliaries of the United States or to works that are first 
     published in the United States, copyright protection on 
     substantially the same basis as that on which the foreign 
     nation extends protection to works of its own nationals and 
     domiciliaries and works first published in that nation, the 
     President may by proclamation extend protection under this 
     title to works of which one or more of the authors is, on the 
     date of first publication, a national, domiciliary, or sovereign 
     authority of that nation, or which was first published in that 
     nation.  The President may revise, suspend, or revoke any such 
     proclamation or impose any conditions or limitations on 
     protection under a proclamation.


Section 105.  Subject matter of copyright: United States Government works.

     Copyright protection under this title is not available for any work of 
the United States Government, but the United States Government is not 
precluded from receiving and holding copyrights transferred to it by 
assignment, bequest, or otherwise.


Section 106.  Exclusive rights in copyrighted works.

     Subject to sections 107 through 118, the owner of copyright under this 
title has the exclusive rights to do and to authorize any of the 
following:

          (1) to reproduce the copyrighted work in copies or phonorecords;

          (2) to prepare derivative works based upon the copyrighted work;

          (3) to distribute copies or phonorecords of the copyrighted work to 
     the public by sale or other transfer of ownership, or by rental, lease, 
     or lending;

          (4) in the case of literary, musical, dramatic, and choreographic 
     works, pantomimes, and motion pictures and other audiovisual works, 
     to perform the copyrighted work publicly; and

          (5) in the case of literary, musical, dramatic, and choreographic 
     works, pantomimes, and pictorial, graphic, or sculptural works, 
     including the individual images of a motion picture or other 
     audiovisual work, to display the copyrighted publicly.


Section 107.  Limitations on exclusive rights: Fair use.

     Notwithstanding the provisions of section 106, the fair use of a 
copyrighted work, including such use by reproduction in copies or 
phonorecords or by any other means specified by that section, for 
purposes such as criticism, comment, news reporting, teaching (including 
multiple copies for classroom use), scholarship, or research, is not an 
infringement of copyright.  In determining whether the use made of a 
work in any particular case is a fair use the factors to be considered 
shall include-

          (1) the purpose and character of the use, including whether such 
     use is of a commercial nature or is for nonprofit educational purposes;

          (2) the nature of the copyrighted work;

          (3) the amount and substantiality of the portion used in relation 
     to the copyrighted word as a whole; and

          (4) the effect of the use upon the potential market for or value of 
     the copyrighted work.


Section 108.  Limitations on exclusive rights: Reproduction by libraries and 
archives.

     (a) Notwithstanding the provisions of section 106, it is not an
infringement of copyright for a library or archives, or any of its employees
acting within the scope of their employment, to reproduce no more than one
copy or phonorecord of a work, or to distribute such copy or phonorecord,
under the conditions specified by this section, if-

          (1) the reproduction or distribution is made without any purpose of 
     direct or indirect commercial advantage;

          (2) the collections of the library or archives are 

               (i) open to the public, or 

               (ii) available not only to researchers affiliated with the 
          library or archives or with the institution of which it is a part,
          but also to other persons doing research in a specialized field; and

          (3) the reproduction or distribution of the work includes a notice of 
     copyright.

     (b)  The rights of reproduction and distribution under this section apply 
to a copy or phonorecord of any unpublished work duplicated in facsimile form
solely for purposes of preservation and security or for deposit for research
use in another library or archives of the type described by clause (2) of 
subsection (a), if the copy or phonorecord reproduced is currently in the
collections of the library or archives.

     (c)  The right of reproduction under this section applies to a copy or 
phonorecord of a published work duplicated in facsimile form solely for the 
purpose of replacement of a copy or phonorecord that is damaged, deteriorating, 
lost, or stolen, if the library or archives has, after a reasonable effort, 
determined that an unused replacement cannot be obtained at a fair price.  

     (d)  The rights of reproduction and distribution under this section apply 
to a copy, made from the collection of a library or archives where the user 
makes his or her request or from that of another library or archives, of no 
more than one article or other contribution to a copyrighted collection or 
periodical issue, or to a copy or phonorecord of a small part of any other 
copyrighted work if-

          (1) the copy or phonorecord becomes the property of the user, and 
     the library or archives has had no notice that the copy or phonorecord 
     would be used for any purpose other than private study, scholarship, or 
     research; and

          (2) the library or archives displays prominently, at the place where
     orders are accepted, and includes on its order form, a warning of
     copyright in accordance with requirements that the Register of Copyrights 
     shall prescribe by regulation.

     (e)  The rights of reproduction and distribution under this section apply
to the entire work, or to a substantial part of it, made from the collection 
of a library or archives where the user makes his or her request or from that 
of another library or archives, if the library or archives has first 
determined, on the basis of a reasonable investigation, that a copy or 
phonorecord of the copyrighted work cannot be obtained at a pair (sic)
prices, if-

          (1) the copy or phonorecord becomes the property of the user, and
     the library or archives has had no notice that the copy or phonorecord 
     would be used for any purpose other than private study, scholarship, or 
     research; and

          (2) the library or archives displays prominently, at the place
     where orders are accepted, and includes on its order form, a warning of 
     copyright in accordance with requirements that the Register of Copyrights
     shall prescribe by regulation.

     (f)  Nothing in this section-

          (1) shall be construed to impose liability for copyright infringement 
     upon a library or archives or its employees for the unsupervised use of 
     reproducing equipment located on its premises: Provided, That such 
     equipment displays a notice that the making of a copy may be subject to 
     the copyright law;

          (2) excuses a person who uses such reproducing equipment or who 
     requests a copy or phonorecord under subsection (d) from liability for 
     copyright infringement for any such act, or for any later use of such
     copy or phonorecord, if it exceeds fair use as provided by section 107;

          (3)  shall be construed to limit the reproduction and distribution 
     by lending of a limited number of copies and excerpts by a library or 
     archives of an audiovisual new program, subject to clauses (1), (2), and
     (3) of subsection (a); or

          (4) in any way affects the rights of fair use as provided by section 
     107, or any contractual obligations assumed at any time by the library
     or archives when it obtained a copy or phonorecord of a work in its 
     collections.

     (g) The rights of reproduction and distribution under this section extend 
to the isolated and unrelated reproduction or distribution of a single copy or 
phonorecord of the same material on separate occasions, but do not extend to 
cases where the library or archives, or its employee-

          (1) is aware or has substantial reason to believe that it is 
     engaging in the related or concerted reproduction or distribution of 
     multiple copies or phonorecords of the same material, whether made on
     one occasion or over a period of time, and whether intended for 
     aggregate use by one or more individuals or for separate use by the 
     individual members of a group; or

          (2) engages in the systematic reproduction or distribution of single 
     or multiple copies or phonorecords of material described in subsection 
     (d): Provided, That nothing in this cause prevents a library or archives 
     from participating in interlibrary arrangements that do not have as their
     purpose or effect, that the library or archives receiving such copies or 
     phonorecords for distribution does so in such aggregate quantities as to 
     substitute for a subscription to or purchase of such work.

     (h) The rights of reproduction and distribution under the section do not 
apply to a musical work, a pictorial, graphic or sculptural work, or a motion 
picture or other audiovisual work other than an audiovisual work dealing with 
news, except that no such limitation shall apply with respect to right granted
by subsections (b) and (c), or with respect to pictorial or graphic works 
published as illustrations, diagrams, or similar adjuncts to works of which 
copies are reproduced or distributed in accordance with subsections (d) and 
(e).

     (i) Five years from the effective date of this Act, and at five-year 
intervals thereafter, the Register of Copyrights, after consulting with 
representatives of authors, book and periodical publishers, and other owners 
of copyrighted materials, and with representatives of library users and 
librarians, shall submit to the Congress a report setting forth the extent 
to which this section has achieved the intended statutory balancing of the 
rights of creators, and the needs of users.  The report should also describe 
any problems that may have arisen, and present legislative or other 
recommendations, if warranted.


Section 109.  Limitations on exclusive rights:  Effect of transfer of 
particular copy or phonorecord.

     (a)  Notwithstanding the provisions of section 106(3), the owner of a 
particular copy or phonorecord lawfully made under this title, or any 
person authorized by such owner, is entitled, without the authority of 
the copyright owner, to sell or otherwise dispose of the possession of 
that copy or phonorecord.

     (b)
          (1) Notwithstanding the provisions of subsection (a), unless 
authorized by the owners of copyright in the sound recording and in the 
musical works embodied therein, the owner of a particular phonorecord 
may not, for purposes of direct or indirect commercial advantage, 
dispose of, or authorize the disposal of, the possession of that 
phonorecord by rental, lease, or lending, or by any other act or practice 
in the nature of rental, lease, or lending.  Nothing in the preceding 
sentence shall apply to the rental, lease, or lending of a phonorecord for 
nonprofit purposes by a nonprofit library or nonprofit educational 
institution.

          (2) Nothing in this subsection shall affect any provision of the 
antitrust laws.  For purposes of the preceding sentence, "antitrust laws" 
has the meaning given that term in the first section of the Clayton Act 
and includes section 5 or the Federal Trade Commission Act to the 
extent that section relates to unfair methods of competition. 

          (3) Any person who distributes a phonorecord in violation of clause 
(1) is an infringer of copyright under section 501 of this title and is 
subject to the remedies set forth in sections 502, 503, 504, 505, and 509. 
Such violation shall not be a criminal offense under section 506 or cause 
such person to be subject to the criminal penalties set forth in section 
2319 of title 18.

     (c)  Notwithstanding the provisions of section 106(5), the owner of a 
particular copy lawfully made under this title, or any person 
authorized by such owner, is entitled, without the authority of the 
copyright owner, to display that copy publicly, either directly or by 
the projection of no more than one image at a time, to viewers present at 
the place where the copy is located.

     (d)  The privileges prescribed by subsections (a) and (b) [so as 
amended, should be "(a) and (c)"] do not, unless authorized by the 
copyright owner, extend to any person who has acquired possession of 
the copy or phonorecord from the copyright owner, by rental, lease, 
loan, or otherwise, without acquiring ownership of it.


Section 110.  Limitations on exclusive rights: Exemption of certain 
performances and displays.

     Notwithstanding the provisions of section 106, the following are not 
infringements of copyright:

          (1) performance or display of a work by instructors or pupils in the 
     course of face-to-face teaching activities of a nonprofit educational 
     institution, in a classroom or similar place devoted to instruction, 
     unless, in the case of a motion picture or other audiovisual work, the 
     performance, or the display of individual images, is given by means of
     a copy that was not lawfully made under this title, and that the person 
     responsible for the performance knew or had reason to believe was not 
     lawfully made;

          (2) performance of a nondramatic literary or musical work or 
     display of a work, by or in the course of a transmission, if-

               (A) the performance or display is a regular part of the 
          systematic instructional activities of a governmental body or a 
          nonprofit educational institution; and

               (B) the performance or display is directly related and of 
          assistance to the teaching content of the transmission; and

               (C) the transmission is made primarily for-

                    (i) reception in classrooms or similar places normally to 
               instruction, or 

                    (ii) reception by persons to whom the transmission is
               because their disabilities or other special circumstances
               prevent their attendance in classrooms or similar places 
               normally devoted to instruction, or

                    (iii) reception by officers or employees of governmental 
               bodies as a part of their official duties or employment;

          (3) performance of a nondramatic literary or musical work or of a 
     dramatico-musical work of a religious nature, or display of a work in 
     the course of services at a place of worship or other religious assembly;

          (4) performance of a nondramatic literary or musical work 
     otherwise than in a transmission to the public, without any purpose of 
     direct or indirect commercial advantage and without payment of any 
     fee or other compensation for the performance to any of its performers, 
     promoters, or organizers, if-

               (A)  there is no direct or indirect admission charge; or

               (B) the proceeds, after deducting the reasonable costs of 
          producing the performance, are used exclusively for educational, 
          religious, or charitable purposes and not for private financial gain, 
          except where the copyright owner has served notice of objection to 
          the performance under the following conditions;

                    (i) the notice shall be in writing and signed by the
               copyright owner or such owner's duly authorized agent; and

                    (ii) the notice shall be served on the person responsible 
               for the performance at least seven days before the date of the 
               performance, and shall state the reasons for the objection; and

                    (iii) the notice shall comply, in form, content, and
               manner of service, with requirements that the Register of
               Copyrights shall prescribe by regulation;

          (5) communication of a transmission embodying a performance or 
     display of a work by the public reception of the transmission on a single 
     receiving apparatus of a kind commonly used in private homes, unless-

               (A) a direct charge is made to see or hear the transmission; or

               (B) the transmission thus received is further transmitted to the 
          public;

          (6) performance of a nondramatic musical work by a governmental 
     body or a nonprofit agricultural or horticultural organization, in the 
     course of an annual agricultural or horticultural fair or exhibition 
     conducted by such body or organization; the exemption provided by this 
     clause shall extend to any liability for copyright infringement that 
     would otherwise be imposed on such body or organization, under 
     doctrines of vicarious liability or related infringement, for a 
     performance by a concessionaire, business establishment, or other person 
     at such fair or exhibition, but shall not excuse any such person from 
     liability for the performance;

          (7) performance of a nondramatic musical work by a vending 
     establishment open to the public at large without any direct or indirect 
     admission charge, where the sole purpose of the performance is to 
     promote the retail sale of copies or phonorecords of the work, and the 
     performance is not transmitted beyond the place where the 
     establishment is located and is within the immediate area where the 
     sale is occurring;

          (8) performance of a nondramatic literary work, by or in the course 
     of a transmission specifically designed for and primarily directed to 
     blind or other handicapped persons who are unable to read normal 
     printed material as a result of their handicap, or deaf or other 
     handicapped persons who are unable to hear the aural signals 
     accompanying a transmission of visual signals, if the performance is 
     made without any purpose of direct or indirect commercial advantages 
     and its transmission is made through the facilities of: 

                    (i) a governmental body; or 

                    (ii) a noncommercial educational broadcast station (as 
               defined in section 397 of title 47); or 

                    (iii) a radio subcarrier authorization (as defined in 47 
               CFR 73.293-73.295 and 73.593-73.595); or 

                    (iv) a cable system (as defined in section 111(f)); 

          (9) performance on a single occasion of a dramatic literary work 
     published at least ten years before the date of the performance, by or in 
     the course of a transmission specifically designed for and primarily 
     directed to blind or other handicapped persons who are unable to read 
     normal printed material as a result of their handicap, if the 
     performance is made without any purpose of direct or indirect 
     commercial advantage and its transmission is made through the 
     facilities of a radio subcarrier authorization referred to in clause 
     (8)(iii), Provided, That the provisions of this clause shall not be 
     applicable to more than one performance of the same work by the same 
     performers or under the auspices of the same organization.

          (10) notwithstanding paragraph 4 above, the following is not an 
     infringement of copyright:  performance of a nondramatic literary or 
     musical work in the course of a social function which is organized and 
     promoted by a nonprofit veterans' organization or a nonprofit fraternal 
     organization to which the general public is not invited, but not 
     including the invitees of the organizations, if the proceeds from the 
     performance, after deducting the reasonable costs of producing the 
     performance, are used exclusively for charitable purposes and not for 
     financial gain.  For purposes of this section the social functions of any 
     college or university fraternity or sorority shall not be included unless 
     the social function is held solely to raise funds for a specific 
     charitable purpose.


Section 111.  Limitations on exclusive rights:  Secondary transmissions.

     (a) Certain Secondary Transmissions Exempted. - The secondary 
transmission of a primary transmission embodying a performance or 
display of a work is not an infringement of copyright if -

          (1) the secondary transmission is not made by a cable system, and 
     consists entirely of the relaying, by the management of a hotel, 
     apartment house, or similar establishment, or signals transmitted 
     by a broadcast station licensed by the Federal Communications 
     Commission, within the local service area of such station, to the 
     private lodgings of guests or residents of such establishment, and no 
     direct charge is made to see or hear the secondary transmission; or

          (2) the secondary transmission is made solely for the purpose and 
     under the conditions specified by clause (2) of section 110; or

          (3) the secondary transmission is made by any carrier who has no 
     direct or indirect control over the content or selection of the primary 
     transmission or over the particular recipients of the secondary 
     transmission, and whose activities with respect to the secondary 
     transmission consist solely of providing wires, cables, or other 
     communications channels for the use of others:  Provided, That the 
     provisions of this clause extend only to the activities of said carrier 
     with respect to secondary transmissions and do not exempt from 
     liability the activities of others with respect to their own primary 
     or secondary transmissions; or

          (4) the secondary transmission is not made by a cable system but 
     is made by a governmental body, or other nonprofit organization, 
     without any purpose of direct or indirect commercial advantage, and 
     without charge to the recipients of the secondary transmission other 
     than assessments necessary to defray the actual and reasonable costs 
     of maintaining and operating the secondary transmission service.

     (b) Secondary Transmission of Primary Transmission to Controlled 
Group. -Notwithstanding the provisions of subsections (a) and (c), the 
secondary transmission to the public of a primary transmission 
embodying a performance or display of a work is actionable as an act of 
infringement under section 501, and is fully subject to the remedies 
provided by sections 502 through 506 and 509, if the primary 
transmission is not made for reception by the public at large but is 
controlled and limited to reception by particular members of the public; 
Provided, however, That such secondary transmission is not actionable 
as an act of infringement if -

          (1) the primary transmission is made by a broadcast station 
     licensed by the Federal Communication; and

          (2) the carriage of the signals comprising the secondary 
     transmission is required under the rules, regulations, or 
     authorizations of the Federal Communications Commission; and

          (3) the signal of the primary transmitter is not altered or changed 
     in any way by the secondary transmitter.

     (c) Secondary Transmissions by Cable Systems -

          (1) Subject to the provisions of clauses (2), (3), and (4) of this 
     subsection, secondary transmissions to the public by a cable system of 
     a primary transmission made by a broadcast station licensed by the 
     Federal Communications Commission or by an appropriate 
     governmental authority of Canada or Mexico and embodying a 
     performance or display of a work shall be subject to compulsory 
     licensing upon compliance with the requirements of subsection (d) 
     where the carriage of the signals comprising the secondary 
     transmission is permissible under the rules, regulations, or 
     authorizations of the Federal Communications Commission.

          (2) Notwithstanding the provisions of clause (1) of this subsection, 
     the willful or repeated secondary transmission to the public by a 
     cable system of a primary transmission made by a broadcast station 
     licensed by the Federal Communications Commission or by an 
     appropriate governmental authority of Canada or Mexico and 
     embodying a performance or display of a work is actionable as an act 
     of infringement under section 501, and is fully subject to the remedies 
     provided by sections 502 through 506 and 509, in the following cases:

               (A) where the carriage of the signals comprising the secondary 
          transmission is not permissible under the rules, regulations, or 
          authorizations of the Federal Communications Commission; or

               (B) where the cable system has not recorded the notice 
          specified by subsection (d) and deposited the statement of account
          and royalty fee required by subsection (d). 

          (3) Notwithstanding the provisions of clause (1) of this subsection 
     and subject to the provisions of subsection (e) of this section, the 
     secondary transmission to the public by a cable system of a primary 
     transmission made by a broadcast station licensed by the Federal 
     Communications Commission or by an appropriate governmental 
     authority of Canada or Mexico and embodying a performance or 
     display of a work is actionable as an act of infringement under 
     section 501, and is fully subject to the remedies provided by sections 
     502 through 506 and sections 509 and 510, if the content of the 
     particular program in which the performance or display is 
     embodied, or any commercial advertising or station announcements 
     transmitted by the primary transmitter during, or immediately 
     before or after, the transmission of such program, is in any way 
     willfully altered by the cable system through changes, deletions, or 
     additions, except for the alteration, deletion, or substitution of 
     commercial advertising market research:  *Provided*, That the 
     research company has obtained the prior consent of the advertiser 
     who has purchased the original commercial advertisement, the 
     television station broadcasting that commercial advertisement, and 
     the cable system performing the secondary transmissions: 

     *And provided further*, That such commercial alteration, deletion, 
     or substitution is not performed for the purpose of deriving income 
     from the sale of that commercial time.

          (4) Notwithstanding the provisions of clause (1) of this subsection, 
     the secondary transmission to the public by a cable system of a 
     primary transmission made by a broadcast station licensed by an 
     appropriate governmental authority of Canada or Mexico and 
     embodying a performance or display of a work is actionable as an act 
     of infringement under section 501, and is fully subject to the remedies 
     provided by sections 502 through 506 and section 509, if (A) with 
     respect to Canadian signals, the community of the cable system is 
     located more than 150 miles for the United States-Canadian border 
     and is also located south of the forty-second parallel of latitude, or 
     (B) with respect to Mexican signals, the secondary transmission is 
     made by a cable system which received the primary transmission by 
     means other than direct interception of a free space radio wave 
     emitted by such broadcast television station, unless prior to April 
     15, 1976, such cable system was actually carrying, or was 
     specifically authorized to carry, the signal of such foreign station on 
     the system pursuant to the rules, regulations, or authorizations of 
     the Federal Communications Commission.

     (d) Compulsory License for Secondary Transmissions by Cable 
Systems- 
 
          (1) For any secondary transmission to be subject to compulsory 
     licensing under subsection (c), the cable system shall, at least one 
     month before the date of the commencement of operations of the 
     cable system or within one hundred and eighty days after the 
     enactment of this Act, whichever is later, and thereafter within 
     thirty days after each occasion on which the ownership or control or 
     the signal carriage complement of the cable system changes, record 
     in the Copyright Office a notice including a statement of identity 
     and address of the person who owns or operates the secondary 
     transmission service or has power to exercise primary control over it, 
     together with the name and location of the primary transmitter or 
     primary transmitters whose signals are regularly carried by the 
     cable system, and thereafter, from time to time, such further 
     information as the Register of Copyrights, after consultation with 
     the Copyright Royalty Tribunal (if and when the Tribunal has been 
     constituted), shall prescribe by regulation to carry out the purpose of 
     this clause.

          (2)  A cable system whose secondary transmissions have been subject 
     to compulsory licensing under subsection (c) shall, on a semiannual 
     basis, deposit with the Register of Copyrights, in accordance with 
     requirements that the Register shall, after consultation with the 
     Copyright Royalty Tribunal (if and when the Tribunal has been 
     constituted), prescribe by regulation-  

               (A) a statement of account, covering the six months next 
          preceding, specifying the number of channels on which the cable 
          system made secondary transmissions to its subscribers, the names 
          and locations of all primary transmitters whose transmissions to 
          its subscribers, the names and locations of all primary 
          transmitters whose transmissions were further transmitted by 
          the cable system, the total number of subscribers, the gross 
          amounts paid to the cable system for the basic service of 
          providing secondary transmissions of primary broadcast 
          transmitters, and such other data as the Register of Copyrights 
          may, after consultation with the Copyright Royalty Tribunal (if 
          and when the Tribunal has been constituted), from time to time 
          prescribe by regulation.  Such statement shall also include a 
          special statement of account covering any nonnetwork television 
          programming that was carried by the cable system in whole or in 
          part beyond the local service area of the primary transmitter, 
          under rules, regulations, or authorizations of the Federal 
          Communications Commission permitting the substitution or 
          addition of signals under certain circumstances, together with 
          logs showing the times, dates, stations, and programs involved in 
          such substituted or added carriage; and

               (B) except in the case of a cable system whose royalty is 
     specified in subclause (C) or (D), a total royalty fee for the period 
     covered by the statement, computed on the basis of specified 
     percentages of the gross receipts from subscribers to the cable service 
     during said period for the basic service of providing secondary 
     transmissions of primary broadcast transmitters, as follows:

                    (i) 0.675 of 1 per centum of such gross receipts for the 
               privilege of further transmitting any nonnetwork programing of
               a primary transmitter in whole or in part beyond the local 
               service area of such primary transmitter, such amount to be 
               applied against the fee, if any, payable pursuant to 
               paragraphs (ii) through (iv);

                    (ii) 0.675 of 1 per centum of such gross receipts for the 
               first distant signal equivalent;	

                    (iii) 0.425 of 1 per centum of such gross receipts for 
               each of the second, third, and fourth distant signal
               equivalents;

                    (iv) 0.2 of 1 per centum of such gross receipts for the
               fifth distant signal equivalent and each additional distant 
               signal equivalent thereafter; and in computing the amounts
               payable under paragraph (ii) through (iv), above, any fraction
               of a distant signal equivalent shall be computed at its 
               fractional value and, in the case of any cable system located 
               partly within and partly without the local service area of a 
               primary transmitter, gross receipts shall be limited to those 
               gross receipts derived from subscribers located without the 
               local service area of such primary transmitter; and

               (C) if the actual gross receipts paid by subscribers to a cable 
          system for the period covered by the statement for the basic 
          service of providing secondary transmissions of primary 
          broadcast transmitters total $80,000 or less, gross receipts of the 
          cable system for the purpose of this subclause shall be computed 
          by subtracting from such actual gross receipts the amount by 
          which $80,000 exceeds such actual gross receipts, except that in 
          no case shall a cable system's gross receipts be reduced to less 
          that $3,000.  The royalty fee payable under this subclause shall 
          be 0.5 of 1 per centum, regardless of the number of distant signal 
          equivalents, if any; and

               (D) if the actual gross receipts paid by subscribers to a cable 
          system for the period covered by the statement, for the basic 
          service of providing secondary transmissions of primary 
          broadcast transmitters, are more than $80,000 but less than 
          $160,000, the royalty fee payable under this subclause shall be 
          (i) 0.5 of 1 per centum of any gross receipts up to $80,000; and (ii)
          1 per centum of any gross receipts in excess of $80,000 but less
          than $160,000, regardless of the number of distant signal 
          equivalents, if any.

          (3) The Register of Copyrights shall receive all fees deposited 
     under this section and, after deducting the reasonable costs incurred 
     by the Copyright Office under this section, shall deposit the 
     balance in the Treasury of the United States, in such manner as the 
     Secretary of the Treasury directs.  All funds held by the Secretary of 
     the Treasury shall be invested in interest-bearing United States 
     securities for later distribution with interest by the Copyright 
     Royalty Tribunal as provided by this title.  The Register shall 
     submit to the Copyright royalty Tribunal, on a semiannual basis, a 
     compilation of all statements of account covering the relevant six-
     month period provided by clause (2) of this subsection.

          (4) The royalty fees thus deposited shall, in accordance with the 
     procedures provided by clause (5), be distributed to those among the 
     following copyright owners who claim that their works were the 
     subject of secondary transmissions by cable systems during the 
     relevant semiannual period:

               (A) any such owner whose work was included in a secondary 
          transmission made by a cable system of a nonnetwork television 
          program in whole or in part beyond the local service area of the 
          primary transmitter; and

               (B) any such owner whose work was included in a secondary 
          transmission identified in a special statement of account 
          deposited under clause (2)(A); and

               (C) any such owner whose work was included in nonnetwork 
          programing consisting exclusively of aural signals carried by a 
          cable system in whole or in part beyond the local service area of 
          the primary transmitter of such programs.

          (5) The royalty fees thus deposited shall be distributed in 
     accordance with the following procedures:

               (A) During the month of July in each year, every person claiming 
          to be entitled to compulsory license fees for secondary 
          transmissions shall file a claim with the Copyright Royalty 
          Tribunal, in accordance with requirements that the Tribunal 
          shall prescribe by regulation. Notwithstanding any provisions of 
          the antitrust laws, for purposes of this clause any claimants may 
          agree among themselves as to the proportionate division of 
          compulsory licensing fees among them, may lump their claims 
          together and file them jointly or as a single claim, or may 
          designate a common agent to receive payment on their behalf.

               (B) After the first day of August of each year, the Copyright 
          Royalty Tribunal shall determine whether there exists a 
          controversy concerning the distribution of royalty fees.  If the 
          Tribunal determines that no such controversy exists, it shall, 
          after deducting its reasonable administrative costs under this 
          section, distribute such fees to the copyright owners entitled, or 
          to their designated agents.  If the Tribunal finds the existence of 
          a controversy, it shall, pursuant to chapter 8 of this title, conduct 
          a proceeding to determine the distribution of royalty fees.

               (C) During the pendency of any proceeding under this subsection, 
          the Copyright Royalty Tribunal shall withhold from 
          distribution an amount sufficient to satisfy all claims with 
          respect to which a controversy exists, but shall have discretion 
          to proceed to distribute any amounts that are not in controversy.

     (e) Nonsimultaneous Secondary Transmissions by Cable Systems.-

          (1) Notwithstanding those provisions of the second paragraph of 
     subsection 

     (f) relating to nonsimultaneous secondary transmissions by a cable 
system, any such transmissions are actionable as an act of infringement 
under section 501, and are fully subject to the remedies provided by 
sections 502 through 506 and sections 509 and 510, unless-

               (A) the program on the videotape is transmitted no more than 
          one time to the cable system's subscribers; and

               (B) the copyrighted program, episode, or motion picture 
          videotape, including the commercials contained within such 
          program, episode, or picture, is transmitted without deletion or 
          editing; and

               (C) an owner or officer of the cable system 

                    (i) prevents the duplication of the videotape while in the 
               possession of the system, 

                    (ii) prevents unauthorized duplication while in the 
               possession of the facility making the videotape for the 
               system if the system owns or controls the facility, or takes 
               reasonable precautions to prevent such duplication if it does 
               not own or control the facility, 

                    (iii) takes adequate precautions to prevent duplication
               while the tape is being transported, and 

                    (iv) subject to clause (2), erases or destroys, or causes
               the erasure or destruction of, the videotape; and

               (D) within forty-five days after the end of each calendar 
          quarter, an owner or officer of the cable system executes an 
          affidavit attesting (i) to the steps and precautions taken to 
          prevent duplication of the videotape, and (ii) subject to clause 
          (2), to the erasure or destruction of all videotapes made or used 
          during such quarter; and

               (E) such owner or officer places or causes each such affidavit, 
          and affidavits received pursuant to clause (2) (C), to be placed in 
          a file, open to public inspection, at such system's main office in 
          the community where the transmission is made or in the nearest 
          community where such system maintains an office; and

               (F) the nonsimultaneous transmission is one that the cable 
          system would be authorized to transmit under the rules, 
          regulations, and authorizations of the Federal Communications 
          Commission in effect at the time of the nonsimultaneous 
          transmission if the transmission had been made simultaneously, 
          except that this subclause shall not apply to inadvertent or 
          accidental transmissions.

          (2) If a cable system transfers to any person a videotape of a 
     program nonsimultaneously transmitted by it, such transfer is 
     actionable as an act of infringement under section 501, and is fully 
     subject to the remedies provided by sections 502 through 506 and 509, 
     except that, pursuant to a written, nonprofit contract providing for 
     the equitable sharing of the costs of such videotape and its transfer, 
     a videotape nonsimultaneously transmitted by it, in accordance 
     with clause (1), may be transferred by one cable system in Alaska to 
     another system in Alaska, by one cable system in Hawaii permitted 
     to make such nonsimultaneous transmissions to another such cable 
     system in Hawaii, or by one cable system in Guam, the Northern 
     Mariana Islands, or the Trust Territory of the Pacific Islands, to 
     another cable system in any of those three territories, if-

               (A) each such contract is available for public inspection in the 
          offices of the cable systems involved, and a copy of such contract 
          is filed, within thirty days after such contract is entered into, 
          with the Copyright Office (which Office shall make each such 
          contract available for public inspection); and

               (B) the cable system to which the videotape is transferred 
          complies with clause (1)(A), (B), (C)(i), (iii), and (iv), and (D) 
          through (F); and

               (C) such system provides a copy of the affidavit required to be 
          made in accordance with clause (1)(D) to each cable system 
          making a previous nonsimultaneous transmission of the same 
          videotape.

          (3) This subsection shall not be construed to supersede the 
     exclusivity protection provisions of any existing agreement, or any 
     such agreement hereafter entered into, between a cable system and a 
     television broadcast station in the area in which the cable system is 
     located, or a network with which such station is affiliated.

          (4) As used in this subsection, the term "videotape," and each of 
     its variant forms, means the reproduction of the images and sounds 
     of a program or programs broadcast station licensed by the Federal 
     Communications Commission, regardless of the nature of the 
     material objects, such as tapes or films, in which the reproduction is 
     embodied.

     (f) Definitions. - As used in this section, the following terms and 
their variant forms mean the following:

          A "primary transmission" is a transmission made to the public by 
     the transmitting facility whose signals are being received and 
     further transmitted by the secondary transmission service, 
     regardless of where or when the performance or display was first 
     transmitted.

          A "secondary transmission" is the further transmitting of a 
     primary transmission simultaneously with the primary 
     transmission, or nonsimultaneously with the primary transmission if 
     by a "cable system" not located in whole or in part within the 
     boundary of the forty-eight contiguous States, Hawaii, or Puerto 
     Rico: Provided, however, That a nonsimultaneous further 
     transmission by a cable system located in Hawaii of a primary 
     transmission shall be deemed to be a secondary transmission if the 
     carriage of the television broadcast signal comprising such further 
     transmission is permissible under the rules, regulations, or 
     authorizations of the Federal Communications Commission.

          A "cable system" is a facility, located in any State, Territory, 
     Trust Territory, or Possession, that in whole or in part receives 
     signals transmitted or programs broadcast by one or more television 
     broadcast stations licensed by the Federal Communications 
     Commission, and makes secondary transmission of such signals or 
     programs by wires, cables, or other communications channels to 
     subscribing members of the public who pay for such service.  For 
     purposes of determining the royalty fee under subsection (d)(2), two 
     or more cable systems in contiguous communities under common 
     ownership or control or operating from one headend shall be 
     considered as one system.

          The "local service area of a primary transmitter" in the case of a 
     television broadcast station, comprises the area in which such 
     station is entitled to insist upon its signal being retransmitted by a 
     cable system pursuant to the rules, regulation, and authorizations of 
     the Federal Communications Commission in effect on April 15, 1976, 
     or in the case of a television broadcast station licensed by an 
     appropriate governmental authority of Canada or Mexico, the area 
     in which it would be entitled to insist upon its signal being 
     retransmitted if it were a television broadcast station subject to such 
     rules, regulations, and authorizations.

          The "local service area of a primary transmitter," in the case of a 
     radio broadcast station, comprises the primary service area of such 
     station pursuant to the rules and regulations of the Federal 
     Communications Commission.

          "In the case of a low power television station, as defined by the 
     rules and regulations of the Federal Communications Commission, 
     the 'local service area of a primary transmitter' comprises the area 
     within 35 miles of the transmitter site, except that in the case of 
     such a station located in a standard metropolitan statistical area 
     which has one of the 50 largest populations of all standard 
     metropolitan statistical areas (based on the 1980 decennial census of 
     population taken by the Secretary of Commerce), the number of 
     miles shall be 20 miles."

          A "distant signal equivalent" is the value assigned to the 
     secondary transmission of any nonnetwork television programing 
     carried by a cable system in whole or in part beyond the local 
     service area of the primary transmitter of such programing.  It is 
     computed by assigning a value of one to each independent station 
     and a value of one-quarter to each network station and 
     noncommercial educational station for the nonnetwork programing so 
     carried pursuant to the rules, regulations, and authorizations of the 
     Federal Communications Commission.  The foregoing values for 
     independent, network, and noncommercial educational stations are 
     subject, however, to the following exceptions and limitations.  
     Where the rules and regulations of the Federal Communications 
     Commission require a cable system to omit the further transmission 
     of a particular program and such rules and regulations also permit 
     the substitution of another program embodying a performance or 
     display of a work in place of the omitted transmission, or where 
     such rules and regulations in effect on the date of enactment of this 
     Act permit a cable system, at its election, to effect such deletion and 
     substitution of a non-live program or to carry additional programs 
     not transmitted by primary transmitters within whose local service 
     area the cable system is located, no value shall be assigned for the 
     substituted or additional program; where the rules, regulations, or 
     authorizations of the Federal Communications Commission in effect 
     on the date of enactment of this Act permit a cable system, at its 
     election, to omit the further transmission of a particular program 
     and such rules, regulations, or authorizations also permit the 
     substitution of another program embodying a performance or display 
     of a work in place of the omitted transmission, the value assigned 
     for the substituted or additional program shall be, in the case of a 
     live program, the value of one full distant signal equivalent 
     multiplied by a fraction that has as its numerator the number of 
     days in the year in which such substitution occurs and as its 
     denominator the number of days in the year.  In the case of a station 
     carried pursuant to the late-night or specialty programing rules of 
     the Federal Communications Commission, or a station carried on a 
     part-time basis where full-time carriage is not possible because the 
     cable system lacks the activated channel capacity to retransmit on a 
     full-time basis all signals which it is authorized to carry, the 
     values for independent, network, and noncommercial educational 
     stations set forth above, as the case may be, shall be multiplied by a 
     fraction which is equal to the ratio of the broadcast hours of such 
     station carried by the cable system to the total broadcast hours of 
     the station.

          A "network station" is a television broadcast station that is owned 
     or operated by, or affiliated with, one or more of the television 
     networks in the United States providing nationwide transmissions, 
     and that transmits a substantial part of the programing supplied by 
     such networks for a substantial part of that station's typical 
     broadcast day.

          An "independent station" is a commercial television broadcast 
     station other than a network station.

          A "noncommercial educational system" is a television station that 
     is a noncommercial educational broadcast station as defined in 
     section 397 of title 47.


Section 112.  Limitations on exclusive rights: Ephemeral recordings.

     (a) Notwithstanding the provisions of section 106, and except in the 
case of a motion picture or other audiovisual work, it is not an 
infringement of copyright for a transmitting organization entitled to 
transmit to the public a performance or display of a work, under a 
license or transfer of the copyright or under the limitations on exclusive 
rights in sound recordings specified by section 114(a), to make no more 
than one copy or phonorecord of a particular transmission program 
embodying the performance or display, if-

          (1) the copy or phonorecord is retained and used solely by the 
     transmitting organization that made it, and no further copies or 
     phonorecords are reproduced from it; and

          (2) the copy or phonorecord is used solely for the transmitting 
     organization's own transmissions within its local service area, or for 
     purposes of archival preservation or security; and

          (3) unless preserved exclusively for archival purposes, the copy or 
     phonorecord is destroyed within six months from the date the 
     transmission program was first transmitted to the public.

     (b) Notwithstanding the provisions of section 106, it is not an 
infringement of copyright for a governmental body or other nonprofit 
organization entitled to transmit a performance or display of a work, 
under section 110(2) or under the limitations on exclusive rights in sound 
recordings specified by section 114(a), to make no more than thirty 
copies or phonorecords of a particular transmission program embodying 
the performance or display, if-

          (1) no further copies or phonorecords are reproduced from the copies 
     or phonorecords made under this clause; and

          (2) except for one copy or phonorecord that may be preserved 
     exclusively for archival purposes, the copies or phonorecords are 
     destroyed within seven years from the date the transmission program 
     was first transmitted to the public.

     (c) Notwithstanding the provisions of section 106, it is not an 
infringement of copyright for a governmental body or other nonprofit 
organization to make for distribution no more than one copy or 
phonorecord, for each transmitting organization specified in clause (2) 
of this subsection, of a particular transmission program embodying a 
performance of a nondramatic musical work of a religious nature, or of a 
sound recording of such a musical work, if-

          (1) there is no direct or indirect charge for making or distributing 
     any such copies or phonorecords; and

          (2) none of such copies or phonorecords is used for any performance 
     other than a single transmission to the public by a transmitting 
     organization entitled to transmit to the public a performance of the 
     work under a license or transfer of the copyright; and

          (3) except for one copy or phonorecord that may be preserved 
     exclusively for archival purposes, the copies or phonorecords are all 
     destroyed within one year from the date the transmission program 
     was first transmitted to the public.

     (d) Notwithstanding the provisions of section 106, it is not an 
infringement of copyright for a governmental body or other nonprofit 
organization entitled to transmit a performance of a work under section 
110(8) to make more than ten copies or phonorecords embodying the 
performance, or to permit the use of any such copy or phonorecord by any 
governmental body or nonprofit organization entitled to transmit a 
performance of a work under section 110(8), if-

          (1) any such copy or phonorecord is retained and used solely by the 
     organization that made it, or by a governmental body or nonprofit 
     organization entitled to transmit a performance of a work under 
     section 110(8), and no further copies or phonorecords are reproduced 
     from it; and

          (2) any such copy or phonorecord is used solely for transmissions 
     authorized under section 110(8), or for purposes or archival 
     preservation or security; and

          (3) the governmental body or nonprofit organization permitting any 
     use of any such copy or phonorecord by any governmental body or 
     nonprofit organization under this subsection does not make any charge 
     for such use.

     (e) The transmission program embodied in a copy or phonorecord 
made under this section is not subject to protection as derivative work 
under this title except with the express consent of the owners of 
copyright in the preexisting works employed in the program.


Section 113.  Scope of exclusive rights in pictorial, graphic, and 
sculptural work.

     (a) Subject to the provisions of subsections (b) and (c) of this section, 
the exclusive right to reproduce a copyrighted pictorial, graphic, or 
sculptural work in copies under section 106 includes the right to 
reproduce the work in or on any kind of article, whether useful or 
otherwise.

     (b) This title does not afford, to the owner of copyright in a work that 
portrays a useful article as such, any greater or lesser rights with 
respect to the making, distribution, or display of the useful article so 
portrayed than those afforded to such works under the law, whether 
title 17 or the common law or statutes of a State, in effect on December 
31, 1977, as held applicable and construed by a court in an action 
brought under this title.

     (c) In the case of a work lawfully reproduced in useful articles that 
have been offered for sale or other distribution to the public, copyright 
does not include any right to prevent the making, distribution, or 
display of pictures or photographs of such articles in connection with 
advertisements or commentaries related to the distribution or display 
of such articles, or in connection with news reports.


Section 114.  Scope of exclusive rights in sound recordings.

     (a) The exclusive rights of the owner of copyright in a sound recording 
are limited to the rights specified by clauses (1), (2), and (3) of section 
106, and do not include any right of performance under section 106(4).

     (b) The exclusive right of the owner of copyright in a sound recording 
under clause (1) of section 106 is limited to the right to duplicate the 
sound recording in the form of phonorecords, or of copies of motion 
pictures and other audiovisual works, that directly or indirectly 
recapture the actual sounds fixed in the recording.  The exclusive right 
of the owner of copyright in a sound recording under clause (2) of section 
106 is limited to the right to prepare a derivative work in which the 
actual sounds fixed in the sound recording are rearranged, remixed, or 
otherwise altered in sequence or quality.  The exclusive rights of the 
owner of copyright in a sound recording under clauses (1) and (2) of 
section 106 do not extend to the making or duplication of another sound 
recording that consists entirely of an independent fixation of other 
sounds, even though such sounds imitate or simulate those in the 
copyrighted sound recording.  The exclusive rights of the owner of 
copyright in a sound recording under clauses (1), (2), and (3) of section 
106 do not apply to sound recordings included in educational television 
and radio programs (as defined in section 397 of title 47) distributed or 
transmitted by or through public broadcasting entities (as defined by 
section 118(g): Provided, That copies or phonorecords of said programs 
are not commercially distributed by or through public broadcasting 
entities to the general public.

     (c) This section does not limit or impair the exclusive right to perform 
publicly, by means of a phonorecord, any of the works specified by 
section 106(4).

     (d) On January 3, 1978, the Register of Copyrights, after consulting 
with representatives of owners of copyrighted materials, 
representatives of the broadcasting, recording, motion picture, 
entertainment industries, and arts organizations, representatives of 
organized labor and performers of copyrighted materials, shall submit 
to the Congress a report setting forth recommendations as to whether 
this section should be amended to provide for performers and copyright 
owners of copyrighted material any performance rights in such 
material.  The report should describe the status of such rights in foreign 
countries, the views of major interested parties, and specific legislative 
or other recommendations, if any.


Section 115.  Scope of exclusive rights in nondramatic musical works: 
Compulsory license for making and distributing phonorecords.

     In the case of nondramatic musical works, the exclusive rights 
provided by clauses (1) and (3) of section 106, to make and to distribute 
phonorecords of such works, are subject to compulsory licensing under the 
conditions specified by this section.  

          (a) Availability and Scope of Compulsory License.-

               (1) When phonorecords of a nondramatic musical work have been 
          distributed to the public in the United States under the authority 
          of the copyright owner, any other person may, by complying with 
          the provisions of this section, obtain a compulsory license only if 
          his or her primary purpose in making phonorecords is to distribute 
          them to the public for private use.  A person may obtain a 
          compulsory license for use of the work in the making of 
          phonorecords duplicating a sound recording fixed by another, 
          unless: (i) such sound recording was fixed lawfully; and (ii) the 
          making of the phonorecords was authorized by the owner of 
          copyright in the sound recording or, if the sound recording was fixed 
          before February 15, 1972, by any person who fixed the sound 
          recording pursuant to an express license from the owner of the 
          copyright in the musical work or pursuant to a valid compulsory 
          license for use of such work in a sound recording.

               (2) A compulsory license includes the privilege of making a 
          musical arrangement of the work to the extent necessary to conform 
          it to the style or manner of interpretation of the performance 
          involved, but the arrangement shall not change the basic melody or 
          fundamental character of the work, and shall not be subject to 
          protection as a derivative work under this title, except with the 
          express consent of the copyright owner.

          (b) Notice of Intention to Obtain Compulsory License.-

               (1) Any person who wishes to obtain a compulsory license under 
          this section shall, before or within thirty days after making and 
          before distributing any phonorecords of the work, serve notice of 
          intention to do so on the copyright owner.  If the registration or 
          other public records of the Copyright Office do not identify the 
          copyright owner and include an address at which notice can be 
          served, it shall be sufficient to file the notice of intention in the 
          Copyright Office.  The notice shall comply, in form, content, and 
          manner of service, with requirements that the Register of 
          Copyrights shall prescribe by regulation. 

               (2) Failure to serve or file the notice required by clause(1) 
          forecloses the possibility of a compulsory license and, in the 
          absence of a negotiated license, renders the making and distribution 
          of phonorecords actionable as acts of infringement under section 501 
          and fully subject to the remedies provided by sections 502 through 
          506 and 509.

          (c) Royalty Payable Under Compulsory Licence -

               (1) To be entitled to receive royalties under a compulsory
          license, the copyright owner must be identified in the registration
          or other public records of the Copyright Office.  The owner is 
          entitled to royalties for phonorecords made and distributed after 
          being so identified, but is not entitled to recover for any 
          phonorecords previously made and distributed.

               (2) Except as provided by clause (1), the royalty under a 
          compulsory license shall be payable for every phonorecord made 
          and distributed in accordance with the license.  For this purpose, a 
          phonorecord is considered "distributed" if the person exercising the 
          compulsory license has voluntarily and permanently parted with 
          its possession.  With respect to each work embodied in the 
          phonorecord, the royalty shall be either two and three-fourths 
          cents, or one-half of one cent per minute of playing time or fraction 
          thereof, which amount is larger.

               (3) A compulsory license under this section includes the right
          of the maker of a phonorecord of a nondramatic musical work under 
          subsection (a)(1) to distribute or authorize distribution of such 
          phonorecord by rental, lease, or lending (or by acts or practices in 
          the nature of rental, lease, or lending).  In addition to any royalty 
          payable under clause (2) and chapter 8 of this title, a royalty shall 
          be payable by the compulsory licensee for every act of distribution 
          of a phonorecord by or in the nature of rental, lease, or lending, by 
          or under the authority of the compulsory licensee.  With respect to 
          each nondramatic musical work embodied in the phonorecord, the 
          royalty shall be a proportion of the revenue received by the 
          compulsory licensee from every such act of distribution of the 
          phonorecord under this clause equal to the proportion of the 
          revenue received by the compulsory licensee from distribution of 
          the phonorecord under clause (2) that is payable by a compulsory 
          licensee under that clause and under chapter 8.  The Register of 
          Copyrights shall issue regulations to carry out the purpose of this 
          clause.

               (4) Royalty payments shall be made on or before the twentieth 
          day of each month and shall include all royalties for the month 
          next preceding. Each monthly payment shall be made under oath 
          and shall comply with requirements that the Register of 
          Copyrights shall prescribe by regulation. The Register shall also 
          prescribe regulations under which detailed cumulative annual 
          statements of account, certified by a certified public accountant, 
          shall be filed for every compulsory license under this section. The 
          regulations covering both the monthly and the annual statements 
          of account shall prescribe the form, content, and manner of 
          certification with respect to the number of records made and the 
          number of records distributed.

               (5) If the copyright owner does not receive the monthly payment 
          and the monthly and annual statements of account when due, the 
          owner may give written notice to the licensee that, unless the 
          default is remedied within thirty days from the date of the notice, 
          the compulsory license will be automatically terminated.  Such 
          termination renders either the making or the distribution, or both, 
          of all phonorecords for which the royalty has not been paid, 
          actionable as acts of infringement under section 501 and fully
          subject to the remedies provided by sections 502 through 506 and 509.


Section 116.  Scope of exclusive rights in nondramatic musical works:  
Public performances by means of coin-operated phonorecord players.

     (a) Limitation on Exclusive Right.- In the case of a nondramatic 
musical work embodied in a phonorecord, the exclusive right under 
clause (4) of section 106 to perform the work publicly by means of a coin-
operated phonorecord player is limited as follows:

          (1) The proprietor of the establishment in which the public 
     performance takes place is not liable for infringement with respect to 
     such public performance unless-

               (A) such proprietor is the operator of the phonorecord player; 
          or

               (B) such proprietor refuses or fails, within one month after 
          receipt by registered or certified mail of a request, at a time
          during which the certificate required by clause (1)(C) of subsection
          (b) is not affixed to the phonorecord player, by the copyright owner,
          to make full disclosure, by registered or certified mail, of the 
          identity of the operator of the operator of the phonorecord player.

          (2) The operator of the coin-operated phonorecord player may 
     obtain a compulsory license to perform the work publicly on that 
     phonorecord player by filing the application, affixing the 
     certificate, and paying the royalties provided by subsection (b).

     (b) Recordation of Coin-Operated Phonorecord Player, Affixation of 
Certificate, and Royalty Payable under Compulsory License.- Any 
operator who wishes to obtain a compulsory license for the public 
performance of works on a coin-operated phonorecord player shall 
fulfill the following requirements:

          (A) Before or within one month after such performances are made 
     available on a particular phonorecord player, and during the month 
     of January in each succeeding year that such performances are made 
     available on that particular phonorecord player, the operator shall 
     file in the Copyright Office, in accordance with requirements that 
     the Register of Copyrights, after consultation with the Copyright 
     Royalty Tribunal (if and when the Tribunal has been constituted), 
     shall prescribe by regulation, an application containing the name and 
     address of the operator of the phonorecord player and the 
     manufacturer and serial number or other explicit identification of the 
     phonorecord player, and deposit with the Register of Copyrights a 
     royalty fee for the current calendar year of $8 for that particular 
     phonorecord player.  If such performances are made available on a 
     particular phonorecord player for the first time after July 1 of any 
     year, the royalty fee to be deposited for the remainder of that year 
     shall be $4.

          (B) Within twenty days of receipt of an application and a royalty 
     fee pursuant to subclause (A), the Register of Copyrights shall issue 
     to the applicant a certificate for the phonorecord player.

          (C) On or before March 1 of the year in which the certificate 
     prescribed by subclause (B) of this clause is issued, or within ten days 
     after the date of issue of the certificate, the operator shall affix to 
     the particular phonorecord player, in a position where it can be 
     readily examined by the public, the certificate, issued by the 
     Register of Copyrights under subclause (B) of the latest application 
     made by such operator under subclause (A) of this clause with respect 
     to that phonorecord player.

          (2) Failure to file the application, to affix the certificate, or to 
     pay royalty required by clause (1) of this subsection renders the 
     public performance actionable as an act of infringement under section 
     501 and fully subject to the remedies provided by sections 502 through 
     506 and 509.

     (c) Distribution of Royalties -.

          (1) The Register of Copyrights shall receive all fees deposited 
     under this section and, after deducting the reasonable costs incurred 
     by the Copyright Office under this section, shall deposit the balance 
     in the Treasury of the United States, in such manner as the Secretary 
     of the Treasury directs.  All funds held by the Secretary of the 
     Treasury shall be invested in interest-bearing United States 
     securities for later distribution with interest by the Copyright 
     Royalty Tribunal as provided by this title. The Register shall submit 
     to the Copyright Royalty Tribunal,on an annual bases, a detailed 
     statement of account covering all fees received for the relevant period 
     provided by subsection(b).

          (2) During the month of January in each year, every person 
     claiming to be entitled to compulsory license fees under this section 
     for performances during the preceding twelve-month period shall 
     file a claim with the Copyright Royalty Tribunal, in accordance 
     with requirements that the Tribunal shall prescribe by regulation.  
     Such claim shall include an agreement to accept as final, except as 
     provided in section 810 of this title, the determination of the 
     Copyright Royalty Tribunal in any controversy concerning the 
     distribution of royalty fees deposited under subclause (A) of 
     subsection (b)(1) of this section to which the claimant is a party.  
     Notwithstanding any provisions of the antitrust laws, for purposes of 
     this subsection any claimants may agree among themselves as to the 
     proportionate division of compulsory licensing fees among them, may 
     lump their claims together and file them jointly or as a single claim, 
     or may designate a common agent to receive payment on their behalf.

          (3) After the first day of October of each year, the Copyright 
     Royalty Tribunal shall determine whether there exists a controversy 
     concerning the distribution of royalty fees deposited under subclause 
     (A) of subsection (b)(1). If the Tribunal determines that no such 
     controversy exists, it shall, after deducting its reasonable 
     administrative costs under this section, distribute such fees to the 
     copyright owners entitled, or to their designated agents.  If it finds 
     that such a controversy exists, it shall, pursuant to chapter 8 of this 
     title, conduct a proceeding to determine the distribution of royalty 
     fees.

          (4) The fees to be distributed shall be divided as follows:

               (A) to every copyright owner not affiliated with a performing 
          rights society, the pro rata share of the fees to be distributed to 
          which such copyright owner proves entitlement.

               (B) to the performing rights societies, the remainder of the
          fees to be distributed in such pro rata shares as they shall by 
          agreement stipulate among themselves, or, if they fail to agree, the 
          pro rate share to which such performing rights societies prove 
          entitlement.

               (C) during the pendency of any proceeding under this section,
          the Copyright Royalty Tribunal shall withhold from distribution an 
          amount sufficient to satisfy all claims with respect to which a 
          controversy exists, but shall have discretion to proceed to 
          distribute any amounts that are not in controversy.

          (5) The Copyright Royalty Tribunal shall promulgate regulations 
     under which persons who can reasonably be expected to have claims 
     may, during the year in which performances take place, without 
     expense to or harassment of operators or proprietors of establishments 
     in which phonorecord players are located, have such access to such 
     establishments and to the phonorecord players located therein and 
     such opportunity to obtain information with respect thereto as may 
     be reasonably necessary to determine, by sampling procedures or 
     otherwise, the proportion of contribution of the musical works of each 
     such person to the earnings of the phonorecord players for which fees 
     shall have been deposited.  Any person who alleges that he or she 
     has been denied the access permitted under the regulations prescribed 
     by the Copyright Royalty Tribunal may bring an action in the United 
     States District Court for the District of Columbia for the cancellation 
     of the compulsory license of the phonorecord player to which such 
     access has been denied, and the court shall have the power to declare 
     the compulsory license thereof invalid from the date of issue thereof.

     (d) Criminal Penalties.-Any person who knowingly makes a false 
representation of a material fact in an application filed under clause 
(1)(A)of subsection (b), or who knowingly alters a certificate issued 
under clause (1)(B) of subsection (b) or knowingly affixes such 
certificate to a phonorecord player other than the one it covers, shall 
be fined not more than $2,500.

     (e) Definitions.-As used in this section, the following terms and their 
variant forms mean the following:

          (1)  A "coin-operated phonorecord player" is a machine or device 
     that-

               (A) is employed solely for the performance of non-dramatic 
          musical works by means of phonorecords upon being activated by 
          insertion of coins, currency, tokens, or other monetary units or 
          their equivalent; 

               (B) is located in an establishment making no direct or indirect 
          charge for admission;

               (C) is accompanied by a list of titles of all the musical works 
          available for performance on it, which list is affixed to the 
          phonorecord player or posted in the establishment in a prominent 
          position where it can be readily examined by the public; and 

               (D) affords a choice of works available for performance and 
          permits the choice to be made by the patrons of the establishment 
          in which it is located.

          (2) An "operator" is any person who, alone or jointly with others:

               (A) owns a coin-operated phonorecord player; or

               (B) has the power to make a coin-operated phonorecord player 
          available for placement in an establishment for purposes of public 
          performance; or

               (C) has the power to exercise primary control over the selection 
          of the musical works made available for public performance on a 
          coin-operated phonorecord player.

          (3) A "performing rights society" is an association or corporation 
     that licenses the public performance of nondramatic musical works on 
     behalf of the copyright owners, such as the American Society of 
     Composers, Authors and Publishers, Broadcast Music, Inc., and SE-
     SAC, Inc.


Section 117.  Limitations on exclusive rights: Computer programs.

     Notwithstanding the provisions of section 106, it is not an 
infringement for the owner of a copy of a computer program to make or 
authorize the making of another copy or adaptation of that computer 
program provided:

          (1) that such a new copy or adaptation is created as an essential 
     step in the utilization of the computer program in conjunction with a 
     machine and that it is used in no other manner, or

          (2) that such new copy or adaptation is for archival purposes only 
     and that all archival copies are destroyed in the event that 
     continued possession of the computer program should cease to be 
     rightful.  Any exact copies prepared in accordance with the 
     provisions of this section may be leased, sold, or otherwise 
     transferred, along with the copy from which such copies were 
     prepared, only as part of the lease, sale, or other transfer of all 
     rights in the program.  Adaptations so prepared may be transferred 
     only with the authorization of the copyright owner.


Section 118.  Scope of exclusive rights: Use of certain works in connection 
with noncommercial broadcasting.

     (a) The exclusive rights provided by section 106 shall, with respect 
to the works specified by subsection (b) and the activities specified by 
subsection (d), be subject to the conditions and limitations prescribed by 
this section.

     (b) Not later than thirty days after the Copyright Royalty Tribunal 
has been constituted in accordance with section 802, the Chairman of 
the Tribunal shall cause notice to be published in the Federal Register 
of the initiation of proceedings for the purpose of determining 
reasonable terms and rates of royalty payments for the activities 
specified by subsection (d) with respect to published nondramatic 
musical works and published pictorial, graphic, and sculptural works 
during a period beginning as provided in clause (3) of this subsection and 
ending on December 31, 1982.  Copyright owners and public broadcasting 
entities shall negotiate and agree upon the terms and rates of royalty 
payments and the proportionate division of fees paid among various 
copyright owners, and may designate common agents to negotiate, agree 
to, pay, or receive payments.

          (1) Any owner of copyright in a work specified in this subsection or 
     any public broadcasting entity may, within one hundred and twenty 
     days after publication of the notice specified in this subsection, 
     submit to the Copyright Royalty Tribunal proposed licenses covering 
     such activities with respect to such works.  The Copyright Royalty 
     Tribunal shall proceed on the basis of the proposals submitted to it as 
     well as any other relevant information.  The Copyright Royalty 
     Tribunal shall permit any interested party to submit information 
     relevant to such proceedings.

          (2) License agreements voluntarily negotiated at any time between 
     one or more copyright owners and one or more public broadcasting 
     entities shall be given effect in lieu of any determination by the 
     Tribunal: Provided, That copies of such agreements are filed in the 
     Copyright Office within thirty days of execution in accordance with 
     regulations that the Register of Copyrights shall prescribe.

          (3) Within six months, but not earlier than one hundred and twenty 
     days, from the date of publication of the notice specified in this 
     subsection the Copyright Royalty Tribunal shall make a 
     determination and publish in the Federal Register a schedule of rates 
     and terms which, subject to clause (2) of this subsection, shall be 
     binding on all owners of copyright in works specified by this 
     subsection and public broadcasting entities, regardless of whether or 
     not such copyright owners and public broadcasting entities have 
     submitted proposals to the Tribunal.  In establishing such rates and 
     terms the Copyright Royalty Tribunal may consider the rates for 
     comparable circumstances under voluntary license agreements 
     negotiated as provided in clause (2) of this subsection.  The 
     Copyright Royalty Tribunal shall also establish requirements by 
     which copyright owners may receive reasonable notice of the use of 
     their works under this section, and under which records of such use 
     shall be kept by public broadcasting entities.

          (4) With respect to the period beginning on the effective date of 
     this title and ending on the date of publication of such rates and 
     terms, this title shall not afford to owners of copyright or public 
     broadcasting entities any greater or lesser rights with respect to the 
     activities specified in subsection (d) as applied to works specified in 
     this subsection than those afforded under the law in effect on 
     December 31, 1977, as held applicable and construed by a court in an 
     action brought under this title.

     (c) The initial procedure specified in subsection (b) shall be repeated 
and concluded between June 30 and December 31, 1982, and at five-year 
intervals thereafter, in accordance with regulations that the 
Copyright Royalty Tribunal shall prescribe

     (d) Subject to the transitional provisions of subsection (b)(4), and to 
the terms of any voluntary license agreements that have been 
negotiated as provided by subsection (b)(2), a public broadcasting entity 
may, upon compliance with the provisions of this section, including the 
rates and terms established by the Copyright Royalty Tribunal under 
subsection (b)(3), engage in the following activities with respect to 
published nondramatic musical works and published pictorial, 
graphic, and sculptural works:

          (1) performance or display of a work by or in the course of a 
     transmission made by a noncommercial educational broadcast station 
     referred to in subsection (g); and

          (2) production of a transmission program, reproduction of copies or 
     phonorecords, where such production, reproduction, or distribution is 
     made by a nonprofit institution or organization solely for the purpose 
     of transmission specified in clause (1); and

          (3) the making of reproductions by a governmental body or a 
     nonprofit institution of a transmission program simultaneously with 
     its transmission as specified in clause (1), and the performance or 
     display of the contents of such program under the conditions specified 
     by clause (1) of section 110, but only if the reproductions are used for 
     performances or displays for a period of no more than seven days from 
     the date of the transmission specified in clause (1), and are destroyed 
     before or at the end of such period.  No person supplying, in 
     accordance with clause (2), a reproduction of a transmission program 
     to governmental bodies or nonprofit institutions under this clause 
     shall have any liability as a result of failure of such body or 
     institution to destroy such reproduction: Provided, That it shall have 
     notified such body or institution of the requirement for such 
     destruction pursuant to this clause: And provided further, That if 
     such body or institution itself fails to destroy such reproduction it 
     shall be deemed to have infringed.

     (e) Except as expressly provided in this subsection, this section shall 
have no applicability to works other than those specified in subsection (b).

          (1) Owners of copyright in nondramatic literary works and public 
     broadcasting entities may, during the course of voluntary 
     negotiations, agree among themselves, respectively, as to the terms 
     and rates of royalty payments without liability under the antitrust 
     laws.  Any such terms and rates of royalty payments shall be 
     effective upon filing in the Copyright Office, in accordance with 
     regulations that the Register of Copyrights shall prescribe.

          (2) On January 3, 1980, the Register of Copyrights, after consulting 
     with authors and other owners of copyright in nondramatic literary 
     works and their representatives, and with public broadcasting 
     entities and their representatives, shall submit to the Congress a 
     report setting forth the extent to which voluntary licensing 
     arrangements have been reached with respect to the use of 
     nondramatic literary works by such broadcast stations.  The report 
     should also describe any problems that may have arisen, and present 
     legislative or other recommendations, if warranted.

     (f) Nothing in this section shall be construed to permit, beyond the 
limits of fair use as provided by section 107, the unauthorized 
dramatization of a nondramatic musical work, the production of a 
transmission program drawn to any substantial extent from a published 
compilation of pictorial, graphic, or sculptural works, or the 
unauthorized use of any portion of an audiovisual work.

     (g) As used in this section, the term "public broadcasting entity" 
means a noncommercial educational broadcast station as defined in 
section 397 of title 47 and any nonprofit institution or organization 
engaged in the activities described in clause (2) of subsection (d).



CHAPTER 2--COPYRIGHT OWNERSHIP AND TRANSFER.  
Analysis

Sec.
201.  Ownership of copyright.
202.  Ownership of copyright as distinct from ownership of material object.
203.  Termination of transfers and licenses granted by the author.
204.  Execution of transfers of copyright ownership.
205.  Recordation of transfers and other documents.

Section 201.  Ownership of copyright.

     (a) Initial ownership. -- Copyright in a work protected under this 
title vests initially in the author or authors of the work.  The authors 
of a joint work are co-owners of copyright in the work.

     (b) Works Made for Hire. -- In the case of a work made for hire, the 
employer or other person for whom the work was prepared is considered 
the author for purposes of this title, and, unless the parties have 
expressly agreed otherwise in a written instrument signed by them, 
owns all of the rights comprised in the copyright.

     (c) Contributions to Collective Works. -- Copyright in each separate 
contribution to a collective work is distinct from copyright in the 
collective work as a whole, and vests initially in the author of the 
contribution.  In the absence of an express transfer of the copyright or of 
any rights under it, the owner of copyright in the collective work is 
presumed to have acquired only the privilege of reproducing and 
distributing the contribution as part of that particular collective work, 
any revision of that collective work, and any later collective work in 
the same series.

     (d) Transfer of Ownership. --

          (1) The ownership of a copyright may be transferred in whole or in 
     part by any means of conveyance or by operation of law, and may be 
     bequeathed by will or pass as personal property by the applicable 
     laws of intestate succession.

          (2) Any of the exclusive rights comprised in a copyright, including 
     any subdivision of any of the rights specified by section 106, may be 
     transferred as provided by clause (1) and owned separately.  The 
     owner of any particular exclusive right is entitled, to the extent of 
     that right, to all of the protection and remedies accorded to the 
     copyright owner by this title.

     (e) Involuntary Transfer. -- When an individual author's ownership 
of a copyright, or of any of the exclusive rights under a copyright, has 
not previously been transferred voluntarily by that individual author, 
no action by any governmental body or other official or organization 
purporting to seize, expropriate, transfer, or exercise rights of 
ownership with respect to the copyright, or any of the exclusive rights 
under a copyright, shall be give effect under this title except as 
provided under Title 11.


Section 202.  Ownership of copyright as distinct from ownership of 
material object.

     Ownership of a copyright, or of any of the exclusive rights under a 
copyright, is distinct from ownership of any material object in which 
the work is embodied.  Transfer of ownership of any material object, 
including the copy or phonorecord in which the work is first fixed, does 
not of itself convey any rights in the copyrighted work embodied in the 
object; nor, in the absence of an agreement, does transfer of ownership of 
a copyright or of any exclusive rights under a copyright convey 
property rights in any material object.  


Section 203.  Termination of transfers and licenses granted by the 
author.

     (a) Conditions for Termination. -- In the case of any work other than 
a work made for hire, the exclusive or nonexclusive grant of a transfer or 
license of copyright or of any right under a copyright, executed by the 
author on or after January 1, 1978, otherwise than be will, is subject to 
termination under the following conditions:

          (1) In the case of a grant executed by one author, termination of the 
     grant may be effected by that author or if the author is dead, by the 
     person or persons who, under clause (2) of this subsection, own and are 
     entitled to exercise a total of more than one-half of that author's 
     termination interest.  In the case of a grant executed by two or more 
     authors who executed it; if any of such authors is dead, the 
     termination interest of any such author may be exercised as a unit by 
     the person or persons who, under clause (2) of this subsection, own and 
     are entitled to exercise a total of more than one-half of that author's 
     interest.

          (2) Where an author is dead, his or her termination interest is 
     owned, and may be exercised, by his widow or her widower and his or 
     her children or grandchildren as follows:

               (A) the widow or widower owns the author's entire termination 
          interest unless there are any surviving children or grandchildren of 
          the author, in which case the widow or widower owns one-half of 
          the author's interest;

               (B) the author's surviving children, and the surviving children 
          of any dead child of the author, own the author's entire 
          termination interest unless there is a widow or widower, in which 
          case the ownership of one-half of the author's interest is divided 
          among them;

               (C) the rights of the author's children and grandchildren are in 
          all cases divided among them and exercised on a per stirpes basis 
          according to the number of such author's children represented; the 
          share of the children of a dead child in a termination interest can 
          be exercised only by the action of a majority of them.

          (3) Termination of the grant may be effected at any time during a 
     period of five years beginning at the end of thirty-five years from 
     the date of publication of the work under the grant or at the end of 
     forty years from the date of execution of the grant, whichever term 
     ends earlier.

          (4) The termination shall be effected by serving an advance notice 
     in writing, signed by the number and proportion of owners of 
     termination interests required under clauses (1) and (2) of this 
     subsection, or by their duly authorized agents, upon the grantee or the 
     grantee's successor in title.

               (A) The notice shall state the effective date of the  
          termination, which shall fall within the five-year period specified 
          by clause (3) of this subsection, and the notice shall be served not
          less than two or more than ten years before that date.  A copy of 
          the notice shall be recorded in the Copyright Office before the 
          effective date of termination, as a condition to its taking effect.

               (B) The notice shall comply, in form, content, and manner of 
          service, with requirements that the Register of Copyrights shall 
          prescribe by regulation.		

          (5) Termination of the grant may be effected notwithstanding any 
     agreement to the contrary, including an agreement to make a will or 
     to make any future grant.

     (b) Effect of Termination. -- Upon the effective date of termination, 
all rights under this title that were covered by the terminated grants 
revert to the author, authors, or other persons owning termination 
interests under clauses (1) and (2) of subsection (a), including those 
owners who did not join in signing the notice of termination under clause 
(4) of subsection (a), but with the following limitations:

          (1) A derivative work prepared under authority of the grant 
     become its termination may continue to be utilized under the terms of 
     the grant after its termination, but this privilege does not extend to 
     the preparation after the termination of other derivative works 
     based upon the copyrighted work covered by the terminated grant.

          (2) The future rights that will revert upon termination of the grant 
     before vested on the date the notice of termination has been served as 
     provided by clause (4) of subsection (a).  The rights vest in the 
     author, authors, and other persons named in, and in the proportionate 
     shares provided by, clauses (1) and (2) of subsection (a).

          (3) Subject to the provisions of clause (4) of this subsection, a 
     further grant, or agreement to make a further grant, of any right 
     covered by a terminated grant is valid only if it is signed by the same 
     number and proportion of the owners, in whom the right has vested 
     under clause (2) of this subsection, as are required to terminate the 
     grant under clauses (1) and (2) of subsection (a).  Such further grant or 
     agreement is effective with respect to all of the persons in whom the 
     right it covers has vested under clause (2) of this subsection, including 
     those who did not join in signing it.  If any person dies after rights 
     under a terminated grant have vested in him or her, that person's 
     legal representatives, legatees, or heirs at law represent him or her 
     for purposes of this clause.

          (4) A further grant, or agreement to make a further grant, of any 
     right covered by a terminated grant is valid only if it is made after 
     the effective date of the termination.  As an exception, however, an 
     agreement for such a further grant may be made between the persons 
     provided by clause (3) of this subsection and the original grantee or 
     such grantee's successor in title, after the notice of termination has 
     been served as provided by clause (4) of subsection (a). 

          (5) Termination of a grant under this section affects only those 
     rights covered by the grants that arise under this title. and in no way 
     affects rights arising under any other Federal, State, or foreign laws.

          (6) Unless and until termination is effected under this section, the 
     grant, if it does not provide otherwise, continues in effect for the term 
     of copyright provided by this title.


Section 204.  Execution of transfers of copyright ownership.

     (a) A transfer of copyright ownership, other than by operation of 
law, is not valid unless an instrument of conveyance, or a note or 
memorandum of the transfer, is in writing and signed by the owner of 
the rights conveyed or such owner's duly authorized agent.

     (b) A certificate of acknowledgement is not required for the validity 
of a transfer, but is prima facie evidence of the execution of the transfer 
if-

          (1) in the case of a transfer executed in the United States, the 
     certificate is issued by a person authorized to administer oaths 
     within the United States; or

          (2) in the case of a transfer executed in a foreign country, the 
     certificate is issued by a diplomatic or consular officer of the United 
     States, or by a person authorized to administer oaths whose 
     authority is proved by a certificate of such an officer.


Section 205.  Recordation of transfers and other documents.

     (a) Conditions for Recordation. -- Any transfer of copyright 
ownership or other document pertaining to a copyright may be recorded 
in the Copyright Office if the document filed for recordation bears the 
actual signature of the person who executed it, or if it is accompanied by 
a sworn or official certification that it is a true copy of the original, 
signed document.

     (b) Certificate of Recordation. -- The register of Copyrights shall, 
upon receipt of a document as provided by subsection (a) and of the fee 
provided by section 708, record the document and return it with a 
certificate of recordation.

     (c) Recordation as Constructive Notice. -- Recordation of a document 
in the Copyright Office gives all persons constructive notice of the facts 
stated in the recorded document, but only if-

          (1) the document, or material attached to it, specifically identifies 
     the work to which it pertains so that, after the document is indexed 
     by the Register of Copyrights, it would be revealed by a reasonable 
     search under the title or registration number of the work; and

          (2) registration has been made for the work.

     (d) Recordation as Prerequisite to Infringement Suit. -- No person 
claiming by virtue of a transfer to be the owner of copyright or of any 
exclusive right under a copyright is entitled to institute an infringement 
action under this title until the instrument of transfer under which such 
person claims has been recorded in the Copyright Office, but suit may 
be instituted after such recordation on a cause of action that arose before 
recordation.

     (e) Priority Between Conflicting Transfers. -- As between two 
conflicting transfers, the one executed first prevails if it is recorded, in 
the manner required to give constructive notice under subsection (c), 
within one month after its execution in the United States, or at any 
time before recordation in such manner of the later transfer.  Otherwise 
the later transfer prevails if recorded first in such manner, and if taken 
in good faith, for valuable consideration or on the basis of a binding 
promise to pay royalties, and without notice of the earlier transfer.

     (f) Priority Between Conflicting Transfer of Ownership and 
Nonexclusive License. -- A nonexclusive license, whether recorded or 
not, prevails over a conflicting transfer of copyright ownership if the 
license is evidenced by a written instrument signed by the owner of the 
rights licensed or such owner's duly authorized agent, and if -

          (1) the license was taken before execution of the transfer; or

          (2) the license was taken in good faith before recordation of the 
     transfer and without notice of it.



CHAPTER 3 - DURATION OF COPYRIGHT.  Analysis.

Sec.
301.	Preemption with respect to other laws.
302.	Duration of copyright:  Works created on or after January 1, 1978.
303.	Duration of copyright:  Works created but not published or 
        copyrighted before January 1, 1978.
304.	Duration of copyright:  Subsisting copyrights.
305.	Duration of copyright:  Terminal date.

Section 301.  Preemption with respect to other laws.

     (a) On and after January 1, 1978, all legal or equitable rights that are 
equivalent to any of the exclusive rights within the general scope of 
copyright as specified by section 106 in works of authorship that are 
fixed in a tangible medium of expression and come within the subject 
matter of copyright as specified by sections 102 and 103, whether 
created before or after that date and whether published or 
unpublished, are governed exclusively by this title. Thereafter, no 
person is entitled to any such right or equivalent right in any such work 
under the common law or statutes of any State.

     (b) Nothing in this title annuls or limits any rights or remedies under 
the common law or statutes or any state with respect to-

          (1) subject matter that does not come within the subject matter of 
     copyright as specified by sections 102 and 103, including works of 
     authorship not fixed in any tangible medium of expression; or

          (2) any cause of action arising from undertakings commenced before 
     January 1, 1978; or

          (3) activities violating legal or equitable rights that are not 
     equivalent to any of the exclusive rights within the general scope of 
     copyright as specified by section 106.

     (c) With respect to sound recordings fixed before February 15, 1972, 
any rights or remedies under the common law or statutes of any State 
shall not be annulled or limited by this title until February 15, 2047. 
The preemptive provisions of subsection (a) shall apply to any such 
rights and remedies pertaining to any cause of action arising from 
undertakings commenced on and after February 15, 2047.  
Notwithstanding the provisions of section 303, no sound recording fixed 
before February 15, 1972, shall be subject to copyright under this title 
before, on, or after February 15, 2047.

     (d) Nothing in this title annuls or limits any rights or remedies under 
any other Federal statute.


Section 302. Duration of copyright: Works created on or after January 1, 
1978.

     (a) In General. -- Copyright in a work created on or after January 1, 
1978, subsists from its creation and, except as provided by the following 
subsections, endures for a term consisting of the life of the author and 
fifty years after the author's death.

     (b) Joint Works. -- In the case of a joint work prepared by two or more 
authors who did not work for hire, the copyright endures for a term 
consisting of the life of the last surviving author and fifty years after 
such last surviving author's death.

     (c) Anonymous Works, Pseudonymous Works, and Works Made for 
Hire. -- In the case of an anonymous work, a pseudonymous work, or a 
work made for hire, the copyright endures for a term of seventy-five 
years for the year of its first publication, or a term of one hundred years 
from the year of its creation, whichever expires first. If, before the end 
of such term, the identity of one or more of the authors of an anonymous 
or pseudonymous work is revealed in the records of a registration made 
for that work under subsections (a) or (d) of section 408, or in the records 
provided by this subsection, the copyright in the work endures for the 
term specified by subsection (a) or (b), based on the life of the author or 
authors whose identity has been revealed.  Any person having an 
interest in the copyright in an anonymous or pseudonymous work may at 
any time record, in records to be maintained by the Copyright Office for 
that purpose, a statement identifying one or more authors of the work; 
the statement shall also identify the person filing it, the nature of that 
person's interest, the source of the information recorded, and the 
particular work affected, and shall comply in form and content with 
requirements that the Register of Copyrights shall prescribe by 
regulation.

     (d) Records Relating to Death of Authors. -- Any person having an 
interest in a copyright may at any time record in the Copyright Office 
a statement of the date of death of the author of the copyrighted work, 
or a statement that the author is still living on a particular date.  The 
statement shall identify the person filing it, the nature of that person's 
interest, and the source of the information recorded, and shall comply 
in form and content with requirements that the Register of Copyrights 
shall prescribe by regulation.  The Register shall maintain current 
records of information relating to the death of authors of copyrighted 
works, based on such recorded statements and, to the extent the Register 
considers practicable, on data contained in any of the records of the 
Copyright Office or in other reference sources.

     (e) Presumption as to Author's Death. -- After a period of seventy-
five years from the year of first publication of a work, or a period of one 
hundred years from the year of its creation, whichever expires first, 
any person who obtains from the Copyright Office a certified report 
that the records provided by subsection (d) disclose nothing to indicate 
that the author of the work is living, or died less than fifty years 
before, is entitled to the benefit of a presumption that the author has 
been dead for at least fifty years.  Reliance in food faith upon this 
presumption shall be a complete defense to any action for infringement 
under this title.


Section 303.  Duration of copyright: Works created but not published or 
copyrighted before January 1, 1978.

     Copyright in a work created before January 1, 1978, but not 
theretofore in the public domain or copyrighted, subsists from January 
1, 1978, and endures for the term provided by section 302.  In no case, 
however, shall the term of copyright in such a work expire before 
December 31, 2002; and, if the work is published on or before December 
31, 2002, the term of copyright shall not expire before December 31, 
2027.


Section 304.  Duration of copyright: Subsisting copyrights.

     (a) Copyrights in Their First Term on January 1, 1978. -- Any 
copyright, the first term of which is subsisting on January 1, 1978, shall 
endure for twenty-eight years from the date it was originally secured: 
Provided, That in the case of any posthumous work or of any periodical, 
cyclopedic, or other composite work upon which the copyright was 
originally secured by the proprietor thereof, or of any work 
copyrighted by a corporate body (otherwise than as assignee or licensee 
of the individual author) or by an employer for whom such work is 
made for hire, the proprietor of such copyright shall be entitled to a 
renewal and extension of the copyright in such work for the further 
term of forty-seven years when application for such renewal and 
extension shall have been made to the Copyright Office and duly 
registered therein within one year prior to the expiration of the 
original term of copyright: And provided further, That in the case of 
any other copyrighted work, including a contribution by an individual 
author to a periodical or to a cyclopedic or other composite work, the 
author of such work, if still living, or the widow, widower, or children 
of the author, if the author be not living, or if such author, widow, 
widower, or children be not living, then the author's executors, or in the 
absence of a will, his or her next of kin shall be entitled to a renewal 
and extension of the copyright in such work for a further term of forty-
seven years when application for such renewal and extension shall 
have been made to the Copyright Office and duly registered therein 
within one year prior to the expiration of the original term of 
copyright: And provided further, That in default of the registration of 
such application for renewal and extension, the copyright in any work 
shall terminate at the expiration of twenty-eight years from the date 
copyright was originally secured.

     (b) Copyrights in Their Renewal Term or Registered for Renewal 
Before January 1, 1978. -- The duration of any copyright, the renewal 
term of which is subsisting at any time between December 31, 1976, and 
December 31, 1977, inclusive, or for which renewal registration is made 
between December 31, 1976, and December 31, 1977, inclusive, is 
extended to endure for a term of seventy-five years from the date 
copyright was originally secured.

     (c) Termination of Transfers and Licenses Covering Extended Renewal 
Term. -- In the case of any copyright subsisting in either its first or 
renewal term on January 1, 1978, other than a copyright in a work made 
for hire, the exclusive or nonexclusive grant of a transfer or license of 
the renewal copyright or any right under it, executed before January 1, 
1978, by any of the persons designated by the second proviso of 
subsection (a) of this section, otherwise than by will, is subject to 
termination under the following conditions:

          (1) In the case of a grant executed by a person or persons other than 
     the author, termination of the grant may be effected by the 
     surviving person or persons who executed it.  In the case of a grant 
     executed by one or more of the authors of the work, termination of 
     the grant may be effected, to the extent of a particular author's 
     share in the ownership of the renewal copyright, by the author who 
     executed it, or, if such author is dead, the person or persons who, 
     under clause (2) of this subsection, own and are entitled to exercise a 
     total of more than one-half of that author's termination interest.

          (2) Where an author is dead, his or her termination interest is 
     owned, and may be exercised, by his widow or her widower and his 
     or her children or grandchildren as follows:

               (A) the widow or widower owns the author's entire termination 
          interest unless there are any surviving children or grandchildren 
          of the author, in which case the widow or widower owns one-
          half of the author's interest;

               (B) the author's surviving children, and the surviving children 
          of any dead child of the author, own the author's entire 
          termination interest unless there is a widow or widower, in 
          which case the ownership of one-half of the author's interest is 
          divided among them;

               (C) the rights of the author's children and grandchildren are in 
          all cases divided among them and exercised on a per stirpes basis 
          according to the number of such author's children represented; 
          the share of the children of a dead child in a termination 
          interest can be exercised only by the action of a majority of them.

          (3) Termination of the grant may be effected at any time during a 
     period of five years beginning at the end of fifty-six years from the 
     date copyright was originally secured, or beginning on January 1, 
     1978, whichever is later.	

          (4) The termination shall be effected by serving an advance notice 
     in writing upon the grantee or the grantee's successor in title.  In the 
     case of a grant executed by a person or persons other than the author, 
     the notice shall be signed by all of those entitled to terminate the 
     grant under clause (1) of this subsection, or by their duly authorized 
     agents. In the case of a grant executed by one or more of the authors 
     of the work, the notice as to any one author's share shall be signed 
     by that author or his or her duly authorized agent or, if that author 
     is dead, by the number and proportion of the owners of his or her 
     termination interest required under clauses (1) and (2) of this 
     subsection, or by their duly authorized agents.

               (A) The notice shall state the effective date of the 
          termination, which shall fall within the five-year period specified 
          by clause (3) of this subsection, and the notice shall be served not 
          less than two or more than ten years before that date.  A copy of
          the notice shall be recorded in the Copyright Office before the 
          effective date of termination, as a condition to its taking effect.

               (B) The notice shall comply, in form, content, and manner of 
          service, with requirements that the Register of Copyrights shall 
          prescribe by regulation.

          (5) Termination of the grant may be effected notwithstanding any 
     agreement to the  contrary, including an agreement to make a will or 
     to make any future grant.

          (6) In the case of a grant executed by a person or persons other than 
     the author, all rights under this title that were covered by the 
     terminated grant revert, upon the effective date of termination, to 
     all of those entitled to terminate the grant under clause (1) of this 
     subsection.  In the case of a grant executed by one or more of the 
     authors of the work, all of a particular author's rights under this 
     title that were covered by the terminated grant revert, upon the 
     effective date of termination, to that author or, if that author is 
     dead, to the persons owning his or her termination interest under 
     clause (2) of this subsection, including those owners who did not join 
     in signing the notice of termination under clause (4) of this 
     subsection.  In all cases the reversion of rights is subject to the 
     following limitations:

               (A) A derivative work prepared under authority of the grant 
          before its termination may continue to be utilized under the terms 
          of the grant after its termination, but this privilege does not 
          extend to the preparation after the termination of other 
          derivative works based upon the copyrighted work covered by 
          the terminated grant.

               (B) The future rights that will revert upon termination of the 
          grant become vested on the date the notice of termination has 
          been served as provided by clause (4) of this subsection.

               (C) Where the author's rights revert to two or more persons 
          under clause (2) of this subsection, they shall vest in those 
          persons in the proportionate shares provided by that clause.  In 
          such a case, and subject to the provisions of subclause (D) of this 
          clause, a further grant, or agreement to make a further grant, of a 
          particular author's share with respect to any right covered by a 
          terminated grant is valid only if it is signed by the same number 
          and proportion of the owners, in whom the right has vested 
          under this clause, as are required to terminate the grant under 
          clause (2) of this subsection.  Such further grant or agreement is 
          effective with respect to all of the persons in whom the right it 
          covers has vested under this subclause, including those who did 
          not join in signing it.  If any person dies after rights under a 
          terminated grant have vested in him or her, that person's legal 
          representatives, legatees, or heirs at law represent him or her 
          for purposes of this subclause.

               (D) A further grant, or agreement to make a further grant, of
          any right covered by a terminated grant is valid only if it is made 
          after the effective date of the termination.  As an exception, 
          however, an agreement for such a further grant may be made 
          between the author or any of the persons provided by the first 
          sentence of clause (6) of this subsection, or between the persons 
          provided by subclause (C) of this clause, and the original grantee 
          or such grantee's successor in title, after the notice of termination 
          has been served as provided by clause (4)  of this subsection.

               (E) Termination of a grant under this subsection affects only
          those rights covered by the grant that arise under this title, and 
          in no way affects rights arising under any other Federal, State, or 
          foreign laws.

               (F) Unless and until termination is effected under this 
          subsection, the grant, if it does not provide otherwise, continues 
          in effect for the remainder of the extended renewal term.


Section 305.  Duration of copyright: Terminal date.

     All terms of copyright provided by sections 302 through 304 run to the 
end of the calendar year in which they would otherwise expire.



CHAPTER 4--COPYRIGHT NOTICE, DEPOSIT, AND REGISTRATION. Analysis.

Sec.
401.  Notice of copyright: Visually perceptible copies.
402.  Notice of copyright: Phonorecords of sound recordings.
403.  Notice of copyright: Publications incorporating United States 
      Government works.
404.  Notice of copyright: Contributions to collective works.
405.  Notice of copyright: Omission of notice.
406.  Notice of copyright: Error in name or date.
407.  Deposit of copies or phonorecords for Library of Congress.
408.  Copyright registration in general.
409.  Application for copyright registration.
410.  Registration of claim and issuance of certificate.
411.  Registration as prerequisite to infringement suit.
412.  Registration as prerequisite to certain remedies for infringement.

Section 401.  Notice of copyright: Visually perceptible copies.

     (a) General Requirement. -- Whenever a work protected under this 
title is published in the United States or elsewhere by authority of the 
copyright owner, a notice of copyright as provided by this section shall 
be placed on all publicly distributed copies from which the work can be 
visually perceived, either directly or with the aid of a machine or 
device.

     (b) Form of Notice. -- The notice appearing on the copies shall consist 
of the following three elements:

          (1) the symbol of a small letter "c" inside of a circle, or the word 
     "Copyright," or the abbreviation "Copr."; and

          (2) the year of first publication of the work; in the case of 
     compilations or derivative work is sufficient.  The year date may be 
     omitted where a pictorial, graphic, or sculptural work, with 
     accompanying text matter, if any, is reproduced in or on greeting cards 
     postcards, stationery, jewelry, dolls, toys, or any useful articles; and

          (3) the name of the owner of copyright in the work, or an 
     abbreviation by which the name can be recognized, or a generally 
     known alternative designation of the owner.

     (c) Position of Notice. -- The notice shall be affixed to the copies in 
such manner and location as to give reasonable notice of the claim of 
copyright.

The Register of Copyrights shall prescribe by regulation, as examples, 
specific methods of affixation and positions of the notice on various 
types of works that will satisfy this requirement, but these 
specifications shall not be considered exhaustive.


Section 402.  Notice of copyright: Phonorecords of sound recordings.

     (a) General Requirement. -- Whenever a sound recording protected 
under this title is published in the United States or elsewhere by 
authority of the copyright owner, a notice of copyright as provided by 
this section shall be placed on all publicly distributed phonorecords of 
the sound recording.

     (b) Form of Notice.- The notice appearing on the phonorecords shall 
consist of the following three elements:

          (1) the symbol of a small letter "p" inside of a circle; and

          (2) the year of first publication of the sound recording; and

          (3) the name of the owner of copyright in the sound recording, or an 
     abbreviation by which the name can be recognized, or a generally 
     known alternative designation of the owner; if the producer of the 
     sound recording is named on the phonorecord labels or containers, and 
     if no other name appears in conjunction with the notice, the producer's 
     name shall be considered a part of the notice.

     (c) Position of Notice. -- The notice shall be placed on the surface of 
the phonorecord, or on the phonorecord label or container, in such 
manner and location as to give reasonable notice of the claim of 
copyright.


Section 403.  Notice of copyright: Publications incorporating United 
States Government works.

     Whenever a work is published in copies or phonorecords consisting 
preponderantly of one or more works of the United States Government, 
the notice of copyright provided by sections 401 or 402 shall also 
include a statement identifying, either affirmatively or negatively, 
those portions of the copies or phonorecords embodying any work or 
works protected under this title.


Section 404.  Notice of copyright: Contributions to collective works.

     (a) A separate contribution to a collective work may bear its own 
notice of copyright, as provided by sections 401 through 403.  However, 
a single notice applicable to the collective work as a whole is sufficient 
to satisfy the requirements of sections 401 through 403 with respect to 
the separate contributions it contains (not including advertisements 
inserted on behalf of persons other than the owner of copyright in the 
collective work), regardless of the ownership of copyright in the 
contributions and whether or not they have been previously published.

     (b) Where the person named in a single notice applicable to a 
collective work as a whole is not the owner of copyright in a separate 
contribution that does not bear its own notice, the case is governed by 
the provisions of section 406(a).


Section 405.  Notice of copyright: Omission of notice.

     (a) Effect of Omission on Copyright. -- The omission of the copyright 
notice prescribed by sections 401 through 403 from copies or 
phonorecords publicly distributed by authority of the copyright owner 
does not invalidate the copyright in a work if-

          (1) the notice has been omitted from no more than a relatively 
     small number of copies or phonorecords distributed to the public; to

          (2) registration for the work has been made before or is made 
     within five years after the publication without notice, and a 
     reasonable effort is made to add notice to all copies or phonorecords 
     that are distributed to the public in the United States after the 
     omission has been discovered; or

          (3) the notice has been omitted in violation of an express 
     requirement in writing that, as a condition of the copyright owner's 
     authorization of the public distribution of copies or phonorecords, 
     they bear the prescribed notice.

     (b) Effect of Omission on Innocent Infringers. -- Any person who 
innocently infringes a copyright, in reliance upon an authorized copy or 
phonorecord from which the copyright notice has been omitted, incurs 
no liability for actual or statutory damages under section 504 for any 
infringing acts committed before receiving actual notice that 
registration for the work has been made under section 408, if such person 
proves that he or she was misled by the omission of notice.  In a suit for 
infringement in such a case the court may allow or disallow recovery of 
any of the infringer's profits attributable to the infringement, and may 
enjoin the continuation of the infringing undertaking or may require, as 
a condition or [sic] permitting the continuation of the infringing 
undertaking, that the infringer pay the copyright owner a reasonable 
license fee in an amount and on terms fixed by the court.

     (c) Removal of Notice. -- Protection under this title is not affected by 
the removal, destruction, or obliteration of the notice, without the 
authorization of the copyright owner, from any publicly distributed 
copies or phonorecords.


Section 406.  Notice of copyright: Error in name or date.

     (a) Error in Name. -- Where the person named in the copyright notice 
on copies or phonorecords publicly distributed by authority of the 
copyright owner is not the owner of copyright, the validity and 
ownership of the copyright are not affected.  In such a case, however, 
any person who innocently begins an undertaking that infringes the 
copyright has a complete defense to any action for such infringement if 
such person proves that he or she was misled by the notice and began 
the undertaking in good faith under a purported transfer or license from 
the person named therein, unless before the undertaking was begun-
		

          (1) registration for the work had been made in the name of the 
     owner of copyright; or

          (2) a document executed by the person named in the notice and 
     showing the ownership of the copyright had been recorded.  The 
     person named in the notice is liable to account to the copyright owner 
     for all receipts from transfers or licenses purportedly made under the 
     copyright by the person named in the notice.

     (b) Error in Date. -- When the year date in the notice on copies or 
phonorecords distributed by authority of the copyright owner is earlier 
than the year in which publication first occurred, any period computed 
from the year of first publication first occurred, the work is considered 
to have been published without any notice and is governed by the 
provisions of section 405.

     (c) Omission of Name or Date. -- Where copies or phonorecords 
publicly distributed by authority of the copyright owner contain no 
name or no date that could reasonably be considered a part of the notice, 
the work is considered to have been published without any notice and is 
governed by the provisions of section 405.


Section 407.  Deposit of copies or phonorecords for Library of Congress.

     (a) Except as provided by subsection (c), and subject to the provisions 
of subsection (e), the owner of copyright or of the exclusive right of 
publication in a work published with notice of copyright in the United 
States shall deposit, within three months after the date of such 
publication-

          (1) two complete copies of the best edition; or

          (2) if the work is a sound recording, two complete phonorecords of 
     the best edition, together with any printed or other visually 
     perceptible material published with such phonorecords.  Neither 
     the deposit requirements of this subsection nor the acquisition 
     provisions of subsection (e) are conditions of copyright protection.

     (b) The required copies or phonorecords shall be deposited in the 
Copyright Office for the use or disposition of the Library of Congress.  
The Register of Copyrights shall, when requested by the depositor and 
upon payment of the fee prescribed by section 708, issue a receipt for the 
deposit.

     (c) The Register of Copyrights may be regulation exempt any 
categories of material from the deposit requirements of this section, or 
require deposit of only one copy or phonorecord with respect to any 
categories.  Such regulations shall provide either for complete 
exemption from the deposit requirements of this section, or for 
alternative forms of deposit aimed at providing a satisfactory 
archival record of a work without imposing practical or financial 
hardships on the depositor, where the individual author is the owner 
of copyright in a pictorial, graphic, or sculptural work and (i) less than 
five copies of the work have been published, or (ii) the work has been 
published in a limited edition consisting of numbered copies the 
monetary value of which would make the mandatory deposit of two 
copies of the best edition of the work burdensome, unfair, or 
unreasonable.

     (d) At any time after publication of a work as provided by subsection 
(a), the Register of Copyrights may make written demand for the 
required deposit of any of the persons obligated to make the deposit 
under subsection (a).  Unless deposit is made within three months after 
the demand is received, the person or persons on whom the demand was 
made are liable-

          (1) to a fine of not more than $250 for each work; and

          (2) to pay into a specially designated fund in the Library of 
     Congress the total retail price of the copies or phonorecords 
     demanded, or, if no retail price has been fixed, the reasonable cost of 
     the Library of Congress of acquiring them; and

          (3) to pay a fine of $2,500, in addition to any fine or liability 
     imposed under clauses (1) and (2), if such person willfully or 
     repeatedly fails or refuses to comply with such a demand.

     (e) With respect to transmission programs that have been fixed and 
transmitted to the public in the United States but have not been 
published, the Register of Copyrights shall, after consulting with the 
Librarian of Congress and other interested organizations and officials, 
establish regulation governing the acquisition, through deposit or 
otherwise, of copies or phonorecords of such programs for the collections 
of the Library of Congress.

          (1) The Librarian of Congress shall be permitted, under the 
     standards and conditions set forth in such regulations to make a 
     fixation of a transmission program directly from a transmission to the 
     public, and to reproduce one copy or phonorecord from such fixation 
     for archival purposes.

          (2) Such regulations shall also provide standards and procedures 
     by which the Register of Copyrights may make written demand, 
     upon the owner of the right of transmission in the United States, for 
     the deposit of a copy or phonorecord of a specific transmission 
     program.  Such deposit may, at the option of the owner of the right of 
     transmission in the United States, be accomplished by gift, by loan 
     for purposes of reproduction, or by sale at a price not to exceed the
     cost of reproducing and supplying the copy or phonorecord.  The 
     regulations established under this clause shall provide reasonable 
     periods of not less than three months for compliance with a demand, 
     and shall allow for extensions of such periods and adjustments in the 
     scope of the demand or the methods for fulfilling it, as reasonably 
     warranted by the circumstances.  Willful failure or refusal to comply 
     with the conditions prescribed by such regulations shall subject the 
     owner to the right of transmission in the United States to liability 
     for an amount, not to exceed the cost of reproducing and supplying the 
     copy or phonorecord in question, to be paid into a specially 
     designated fund in the Library of Congress.

          (3) Nothing in this subsection shall be construed to require the 
     making or retention, for purposes of deposit, of any copy or 
     phonorecord of an unpublished transmission program, the 
     transmission of which occurs before the receipt of a specific written 
     demand as provided by clause (2).

          (4) No activity undertaken in compliance with regulations 
     prescribed under clauses (1) or (2) of this subsection shall result in 
     liability if intended solely to assist in the acquisition of copies or 
     phonorecords under this subsection.


Section 408.  Copyright registration in general.

     (a) Registration Permissive. -- At any time during the subsistence of 
copyright in any published or unpublished work, the owner of 
copyright or of any exclusive right in the work may obtain registration 
of the copyright claim by delivering to the Copyright Office the 
deposit specified by this section, together with the application and fee 
specified by sections 409 and 708. Subject to the provisions of section 
405(a), such registration is not a condition of copyright protection.

     (b) Deposit for Copyright Registration. -- Except as provided by 
subsection

     (c)  The material deposited for registration shall include-

          (1) in the case of an unpublished work, one complete copy or 
     phonorecord;

          (2) in the case of the published work, two complete copies or 
     phonorecords of the best edition;

          (3) in the case of a work first published outside the United States, 
     one complete copy or phonorecord as so published;

          (4) in the case of a contribution to a collective work, one complete 
     copy or phonorecord of the best edition of the collective work.  Copies 
     or phonorecords deposited for the Library of Congress under section 
     407 may be used to satisfy the deposit provisions of this section, if 
     they are accompanied by the prescribed application and fee, and by 
     any additional identifying material that the Register may, by 
     regulation, require.  The Register shall also prescribe regulations 
     establishing requirements under which copies or phonorecords 
     acquired for the Library of Congress under subsection (e) of section 407, 
     otherwise than by deposit, may be used to satisfy the deposit 
     provisions of this section.


     (c) Administrative Classification and Optional Deposit.-

          (1) The Register of Copyrights is authorized to specify by 
     regulation the administrative classes into which works are to be 
     placed for purposes of deposit and registration, and the nature of the 
     copies or phonorecords to be deposited in the various classes 
     specified.  The regulations may require or permit, for particular 
     classes, the deposit of identifying material instead of copies or 
     phonorecords, the deposit of only one copy or phonorecord where two 
     would normally be required, or a single registration for a group of 
     related works.  This administrative classification of works has no 
     significance with respect to the subject matter of copyright or the 
     exclusive rights provided by this title.

          (2) Without prejudice to the general authority provided under 
     clause (1), the Register of Copyrights shall establish regulations 
     specifically permitting a single registration for a group of works by 
     the same individual author, all first published as contributions to 
     periodicals, including newspapers, within a twelve-month period, on 
     the basis of a single deposit, application, and registration fee, under 
     all of the following conditions-

               (A) if each of the works as first published bore a separate 
          copyright notice, and the name of the owner of copyright in the 
          work, or an abbreviation by which the name can be recognized, or a 
          generally known alternative designation of the owner was the 
         same in each notice; and

               (B) if the deposit consists of one copy of the entire issue of 
          the periodical, or of the entire section in the case of a newspaper,
          in which each contribution was first published; and

               (C) if the application identifies each work separately, 
          including the periodical containing it and its date of first 
          publication.

          (3) As an alternative to separate renewal registrations under 
     subsection (a) of section 304, a single renewal registration may be 
     made for a group of works by the same individual author, all first 
     published as contributions to periodicals, including newspapers, upon 
     the filing of a single application and fee, under all of the following 
     conditions:

               (A) the renewal claimant or claimants, and the basis of claim or 
          claims under section 304(a), is the same for each of the works; and

               (B) the works were all copyrighted upon their first publication, 
          either through separate copyright notice and registration or by 
          virtue of a general copyright notice in the periodical issue as a 
          whole; and

               (C) the renewal application and fee are received not more than 
          twenty-eight or less than twenty-seven years after the thirty-first 
          day of December of the calendar year in which all of the works 
          were first published; and

               (D) the renewal application identifies each work separately, 
          including the periodical containing it and its date of first 
          publication

     (d) Corrections and Amplifications. -- The register may also 
establish, by regulation, formal procedures for the filing of an 
application for supplementary registration, to correct an error in a 
copyright registration or to amplify the information given in a 
registration.  Such application shall be accompanied by the fee 
provided by section 708, and shall clearly identify the registration to 
be corrected or amplified.  The information contained in a 
supplementary registration augments but does not supersede that 
contained in the earlier registration.

     (e) Published Edition of Previously Registered Work. -- Registration 
for the first published edition of a work previously registered in 
unpublished form may be made even though the work as published is 
substantially the same as the unpublished version.


Section 409.  Application for copyright registration.

     The application for copyright registration shall be made on a form 
prescribed by the Register of Copyrights and shall include-

          (1) the name and address of the copyright claimant;

          (2) in the case of a work other than an anonymous or pseudonymous 
     work, the name and nationality or domicile of the author or authors, 
     and, if one or more of the authors is dead, the dates of their deaths;

          (3) if the work is anonymous or pseudonymous, the nationality or 
     domicile of the author or authors;

          (4) in the case of a work made for hire, a statement to this effect;

          (5) if the copyright claimant is not the author, a brief statement of 
     how the claimant obtained ownership of the copyright;

          (6) the title of the work, together with any previous or alternative 
     titles under which the work can be identified;

          (7) the year in which creation of the work was completed;

          (8) if the work has been published, the date and nation of its first 
     publication;

          (9) in the case of a compilation or derivative work, an 
     identification of any preexisting work or works that it is based on or 
     incorporates, and a brief, general statement of the additional 
     material covered by the copyright claim being registered;

          (10) in the case of a published work containing material of which 
     copies are required by section 601 to be manufactured in the United 
     States, the names of the persons or organizations who performed the 
     processes specified by subsection (c) of section 601 with respect to that 
     material, and the places where those processes were performed; and

          (11) any other information regarded by the Register of Copyrights 
     as bearing upon the preparation or identification of the work or the 
     existence, ownership, or duration of the copyright.


Section 410.  Registration of claim and issuance of certificate.

     (a) When, after examination, the Register of Copyrights determines 
that, in accordance with the provisions of this title, the material 
deposited constitutes copyrightable subject matter and that the other 
legal and formal requirements of this title have been met, the Register 
shall register the claim and issue to the applicant a certificate of 
registration under the seal of the Copyright Office.  The certificate 
shall contain the information given in the application, together with 
the number and effective date of the registration. 

     (b) In any case in which the Register of Copyrights determines that, 
in accordance with the provisions of this title, the material deposited 
does not constitute copyrightable subject matter or that the claim is 
invalid for any other reason, the Register shall refuse registration and 
shall notify the applicant in writing of the reasons for such refusal.

     (c) In any judicial proceedings the certificate of a registration made 
before or within five years after first publication of the work shall 
constitute prima facie evidence of the validity of the copyright and of 
the facts stated in the certificate.  The evidentiary weight to be 
accorded the certificate of a registration made thereafter shall be 
within the discretion of the court.

     (d) The effective date of a copyright registration is the day on which 
an application, deposit, and fee, which are later determined by the 
Register of Copyrights or by a court of competent jurisdiction to be 
acceptable for registration, have all been received in the Copyright 
Office.


Section 411.  Registration as prerequisite to infringement suit.

     (a) Subject to the provisions of subsection (b), no action for 
infringement of the copyright in any work shall be instituted until 
registration of the copyright claim has been made in accordance with 
this title.  In any case, however, where the deposit, application, and 
fee required for registration have been delivered to the Copyright 
Office in proper form and registration has been refused, the applicant is 
entitled to institute an action for infringement if notice thereof, with a 
copy of the complaint, is served on the Register of Copyrights.  the 
Register may, at his or her option, become a party to the action with 
respect to the issue of registrability of the copyright claim by entering 
an appearance within sixty days after such service, but the Register's 
failure to become a party shall not deprive the court of jurisdiction to 
determine that issue.

     (b) In the case of a work consisting of sounds, images, or both, the first 
fixation of which is made simultaneously with its transmission, the 
copyright owner may, either before or after such fixation takes place, 
institute an action for infringement under section 501, fully subject to the 
remedies provided by sections 502 through 506 and sections 509 and 510, 
if, in accordance with requirements that the Register of Copyrights 
shall prescribe by regulation, the copyright owner-

          (1) serves notice upon the infringer, not less than ten or more than 
     thirty days before such fixation, identifying the work and the 
     specific time and source of its first transmission, and declaring an 
     intention to secure copyright in the work; and,

          (2) makes registration for the work within three months after its 
     first transmission.


Section 412.  Registration as prerequisite to certain remedies for 
infringement.

     In any action under this title, other than an action instituted under 
section 411(b), no award of statutory damages or of attorney's fees, as 
provided by sections 504 and 505, shall be made for-

          (1) any infringement of copyright in an unpublished work 
     commenced before the effective date of its registration; or

          (2) any infringement of copyright commenced after first publication 
     of the work and before the effective date of its registration, unless 
     such registration is made within three months after the first 
     publication of the work.



CHAPTER 5 - COPYRIGHT INFRINGEMENT AND REMEDIES.  Analysis.

Sec.
501.  Infringement of copyright.
502.  Remedies for infringement: Injunctions.
503.  Remedies for infringement: Impounding and disposition of 
      infringing articles.
504.  Remedies for infringement: Damages and profits.
505.  Remedies for infringement: Costs and attorney's fees.
506.  Criminal offenses.
507.  Limitations on actions.
508.  Notification of filing and determination of actions.
509.  Seizure forfeiture.
510.  Remedies for alteration of programing by cable systems.


Section 501.  Infringement of copyright.

     (a) Anyone who violates any of the exclusive rights of the copyright 
owner as provided by section 106 through 118, or who imports copies or 
phonorecords into the United States in violation of section 602, is an 
infringer of the copyright.

     (b) The legal or beneficial owner of an exclusive right under a 
copyright is entitled, subject to the requirements of sections 205(d) and 
411, to institute an action for any infringement of that particular right 
committed while he or she is the owner of it.  The court may require 
such owner to serve written notice of the action with a copy of the 
complaint upon any person shown, by the records of the Copyright 
Office or otherwise, to have or claim an interest in the copyright, and 
shall require that such notice be served upon any person whose interest 
is likely to be affected by a decision in the case.  The court may require 
the joiner, and shall permit the intervention, of any person having or 
claiming an interest in the copyright.

     (c) For any secondary transmission by a cable system that embodies a 
performance or a display of a work which is actionable as an act of 
infringement under subsection (c) of section 111, a television broadcast 
station holding a copyright or other license to transmit or perform the 
same version of that work shall, for purposes of subsection (b) of this 
section, be treated as a legal or beneficial owner if such secondary 
transmission occurs within the local service area of that television 
station.

     (d) For any secondary transmission by a cable system that is 
actionable as an act of infringement pursuant to section 111(c)(3), the 
following shall also have standing to sue: (i) the primary transmitter 
whose transmission has been altered by the cable system; and (ii) any 
broadcast station within whose local service area the secondary 
transmission occurs.


Section 502.  Remedies for infringement: Injunctions.

     (a) Any court having jurisdiction of a civil action arising under this 
title may, subject to the provisions of section 1498 of title 28, grant 
temporary and final injunctions on such terms as it may deem reasonable 
to prevent or restrain infringement of a copyright.

     (b) Any such injunction may be served anywhere in the United States 
on the person enjoined; it shall be operative throughout the United 
States and shall be enforceable, by proceedings in contempt or 
otherwise, by any United States court having jurisdiction of that 
person.  The clerk of the court granting the injunction shall, when 
requested by any other court a certified copy of all the papers in the 
case on file in such clerk's office.


Section 503.  Remedies for infringement: Impounding and disposition of 
infringing articles.

     (a) At any time while an action under this title is pending, the court 
may order the impounding, on such terms as it may deem reasonable, of 
all copies or phonorecords claimed to have been made or used in 
violation of the copyright's owner's exclusive rights, and of all plates, 
molds, matrices, masters, tapes, film negative, or other articles by 
means of which such copies or phonorecords may be reproduced.

     (b) As part of a final judgment or decree, the court may order the 
destruction or other reasonable disposition of all copies or phonorecords 
found to have been made or used in violation of the copyright owner's 
exclusive rights, and of all plates, molds, matrices, masters, tapes, film 
negatives, or other articles by means of which such copies or 
phonorecords may be reproduced.


Section 504.  Remedies for infringement: Damages and profits.

     (a) In General. -- Except as otherwise provided by this title, an 
infringer of copyright is liable for either-

          (1) the copyright owner's actual damages and any additional 
     profits of infringer, as provided by subsection (b); or

          (2) statutory damages, as provided by subsection (c).

     (b) Actual Damages and Profits. -- The copyright owner is entitled to 
recover the actual damages suffered by him or her as a result of the 
infringement, and any profits of the infringer that are attributable to 
the infringement and are not taken into account in computing the actual 
damages. In establishing the infringer's profits, the copyright owner is 
required to present proof only of the infringer's gross revenue, and the 
infringer is required to prove his or her deductible expenses and the 
elements of profit attributable to factors other than the copyrighted 
work.

     (c) Statutory Damages. -- 

          (1) Except as provided by clause (2) of this subsection, the 
     copyright owner may elect, at any time before final judgment is 
     rendered, to recover instead of actual damages and profits, an award 
     of statutory damages for all infringements involved in the action, 
     with respect to any one work, for which any one infringer is liable 
     individually, or for which any two or more infringers are liable 
     jointly and severally, in a sum of not less than $250 or more than 
     $10,000 as the court considers just.  For the purposes of this 
     subsection, all the parts of a compilation or derivative work 
     constitute one work.

          (2) In a case where the copyright owner sustains the burden of 
     proving, and the court finds, that infringement was committed 
     willfully, the court in its discretion may increase the award of 
     statutory damages to a sum of not more than $50,000.  In a case where 
     the infringer sustains the burden of proving, and the court finds, that 
     such infringer was not aware and had no reason to believe that his 
     or her acts constituted an infringement of copyright, the it [sic] its 
     discretion may reduce the award of statutory damages to a sum of 
     not less than $100.  The court shall remit statutory damages in any 
     case where an infringer believed and had reasonable grounds for 
     believing that his or her use of the copyrighted work was a fair use 
     under section 107, if the infringer was: (i) an employee or agent of a 
     nonprofit educational institution, library, or archives acting within 
     the scope of his or her employment who, or such institution, library, 
     or archives itself, which infringed by reproducing the work in copies 
     or phonorecords; or (ii) a public broadcasting entity which or a 
     person who, as a regular part of the nonprofit activities of a public 
     broadcasting entity (as defined in subsection (g) of section 118) 
     infringed by performing a published nondramatic literary work or 
     by reproducing a transmission program embodying a performance of 
     such a work.


Section 505.  Remedies for infringement: Costs and attorney's fees.

     In any civil action under this title, the court in its discretion may 
allow the recovery of full costs by or against any party other than the 
United States or an officer thereof.  Except as otherwise provided by 
this title, the court may also award a reasonable attorney's fee to the 
prevailing party as part of the costs.


Section 506.  Criminal offenses.

     (a) Criminal infringement. -- Any person who infringes a copyright 
willfully  and for purposes of commercial advantage or private 
financial gain shall be punished as provided in section 2319 of title 18.

     (b) Forfeiture and Destruction. -- When any person is convicted of any 
violation of subsection (a), the court in its judgment of conviction shall, 
in addition to the penalty therein prescribed, order the forfeiture and 
destruction or other disposition of all infringing copies or phonorecords 
and all implements, devices, or equipment used in the manufacture of 
such infringing copies or phonorecords.

     (c) Fraudulent Copyright Notice. -- Any person who, with fraudulent 
intent, places on any article a notice of copyright or words of the same 
purport that such person knows to be false, or who, with fraudulent 
intent, publicly distributes or imports for public distribution any article 
bearing such notice or words that such person knows to be false, shall be 
fined not more than $2,500.

     (d) Fraudulent Removal of Copyright Notice. -- Any person who, 
with fraudulent intent, removes or alters any notice of copyright 
appearing on a copy of a copyrighted work shall be fined not more than 
$2,500.


Section 507.  Limitations on actions.

     (a) Criminal Proceedings. -- No criminal proceeding shall be 
maintained under the provisions of this title unless it is commenced 
within three years after the cause of action arose.

     (b) Civil Actions. -- No civil action shall be maintained under the 
provisions of this title unless it is commenced within three years after 
the claim accrued.


Section 508.  Notification of filing and determination of action.

     (a) Within one month after the filing of any action under this title, 
the clerks of the courts of the United States shall send written 
notification to the Register of Copyrights setting forth, as far as is 
shown by the papers filed in the court, the names and addresses of the 
parties and the title, author, and registration number of each work 
involved in the action.  If any other copyrighted work is later included 
in the action by amendment, answer, or other pleading, the clerk shall 
also send a notification concerning it to the Register within one month 
after the pleading is filed.

     (b) Within one month after any final order or judgment is issued in 
the case, the clerk of the court shall notify the Register of it, sending 
with the notification a copy of the order or judgment together with the 
written opinion, if any, of the court.

     (c) Upon receiving the notifications specified in this section, the 
Register shall make them a part of the public records of the Copyright 
Office.


Section 509.  Seizure and forfeiture.

     (a) All copies or phonorecords manufactured, reproduced, distributed, 
sold or otherwise used, intended for use, or possessed with intent to use 
in violation of section 506(a), and all plates, molds, matrices, masters, 
tapes, film negatives, or other articles by means of which such copies or 
phonorecords may be reproduced, and all electronic, mechanical, or 
other devises for manufacturing, reproducing, or assembling such copies 
or phonorecords may be seized and forfeited to the United States.

     (b) The applicable procedures relating to (i) the seizure, summary 
and judicial forfeiture, and condemnation of vessels, vehicles, 
merchandise, and baggage for violations of the customs laws contained 
in title 19, (ii) the disposition of such vessels, vehicles, merchandise, 
and baggage or the proceeds from the sale thereof, (iii) the remission or 
mitigation of such forfeiture, (iv) the compromise of claims, and (v) the 
award of compensation to informers in respect of such forfeitures, shall 
apply to seizures and forfeitures incurred, or alleged to have been 
incurred, under the provisions of this section, insofar as applicable and 
not inconsistent with the provisions of this section; except that such 
duties as are imposed upon any officer or employee of the Treasury 
Department or any other person with respect to the seizure and 
forfeiture of vessels, vehicles, merchandise, and baggage under the 
provisions of the customs laws contained in title 19 shall be performed 
with respect seizure and forfeiture of all articles described in subsection 
(a) by such officers, agents, or other persons as may be authorized or 
designated for that purpose by the Attorney General.


Section 510.  Remedies for alteration of programing by cable systems.

     (a) In any action filed pursuant to section 111(c)(3), the following 
remedies shall be available;

          (1) Where an action is brought by a party identified in subsections 
     (b) or (c) of section 501, the remedies provided by sections 502 
     through 505, and the remedy provided by subsection (b) of this 
     section; and

          (2) When an action is brought by a party identified in subsection 
     (d) of section 501, the remedies provided by sections 502 and 505, 
     together with any actual damages suffered by such party as a result 
     of the infringement, and the remedy provided by subsection (b) of 
     this section.

     (b) In any action filed pursuant to section 111(c)(3), the court may 
decree that, for a period not to exceed thirty days, the cable system 
shall be deprived of the benefit of a compulsory license for one or more 
distant signals carried by such cable system.



CHAPTER 6 - MANUFACTURING REQUIREMENTS AND IMPORTATION.  Analysis.

Sec.
601.  Manufacture, importation, and public distribution of certain 
      copies.
602.  Infringing importation of copies or phonorecords.
603.  Importation prohibitions: Enforcement and disposition of excluded 
      articles.


Section 601.  Manufacture, importation, and public distribution of 
certain copies.

     (a) Prior to July 1, 1986, and except as provided by subsection (b), the 
importation into or public distribution in the United States of copies of 
a work consisting preponderantly of nondramatic [sic] literary material 
that is in the English language and is protected under this title is 
prohibited unless the portions consisting of such material have been 
manufactured in the United States or Canada.

     (b) The provisions of subsection (a) do not apply-

          (1) where on the date when importation is sought or public 
     distribution in the United States is made, the author of any 
     substantial part of such material is neither a national nor a 
     domiciliary of the United States or, if such author is a national of 
     the United States, he or she has been domiciled outside the United 
     States for a continuous period of at least one year immediately 
     preceding that date; in the case of a work made for hire, the 
     exemption provided by this clause does not apply unless a 
     substantial part of the work was prepared for an employer or other 
     person who is not a national or domiciliary of the United States or a 
     domestic corporation or enterprise;

          (2) where the United States Customs Service is presented with an 
     import statement issued under the seal of the Copyright Office, in 
     which case a total of no more than two thousand copies of any one 
     such work shall be allowed entry; the import statement shall be 
     issued upon request to the copyright owner or to a person designated 
     by such owner at the time of registration for the work under section 
     408 or at any time thereafter;

          (3) where importation is sought under the authority or for the use, 
     other than in schools, of the Government of the United States or of 
     any State or political subdivision of a State;

          (4) where importation, for use and not for sale, is sought-

               (A) by any person with respect to no more than one copy of any 
          work at any one time;

               (B) by any person arriving from outside the United States, with 
          respect to copies forming part of such person's personal baggage; 
          or

               (C) by an organization operated for scholarly, educational, or 
          religious purposes and not for private gain, with respect to copies 
          intended to form a part of its library;

          (5) where the copies are reproduced in raised characters for the use 
     of the blind; or

          (6) where, in addition to copies imported under clauses (3) and (4) 
     of this subsection, no more than two thousand copies of any one such 
     work, which have not been manufactured in the United States or 
     Canada, are publicly distributed in the United States; or

          (7) where, on the date when importation is sought or public 
     distribution in the United States is made-

               (A) the author of any substantial part of such material is an 
          individual and receives compensation for the transfer or license 
          of the right to distribute the work in the United States; and

               (B) the first publication of the work has previously taken place 
          outside the United States under a transfer or license granted by 
          such author to a transferee or licensee who was not a national or 
          domiciliary of the United States or domestic corporation or 
          enterprise; and

              (C) there has been no publication of an authorized edition of the 
          work of which the copies were manufactured in the United 
          States; and

              (D) the copies were reproduced under a transfer or license 
          granted by such author or by the transferee or licensee of the 
          right of first publication as mentioned in subclause (B), and the 
          transferee or the licensee of the right of reproduction was not a 
          national or domiciliary of the United States or a domestic 
          corporation or enterprise.

     (c) The requirement of this section that copies be manufactured in the 
United States or Canada is satisfied if-

          (1) in the case where the copies are printed directly from type that 
     has been set, or directly from plates made from such type, the 
     setting of the type and the making of the plates have been 
     performed in the United States or Canada; and

          (2) in the case where the making of plates by a lithographic or 
     photoengraving process is a final or intermediate step preceding the 
     printing of the copies, the making of the plates has been performed 
     in the United States or Canada.

          (3) in any case, the printing or other final process of producing 
     multiple copies and any binding of the copies have been performed 
     in the United States or Canada.

     (d) Importation or public distribution of copies in violation of this 
section does not invalidate protection for a work under this title.  
However, in any civil action or criminal proceeding for infringement of 
the exclusive rights to produce and distribute copies of the work, the 
infringer has a complete defense with respect to all of the nondramatic 
literary material comprised in  the work and any other parts of the 
work in which the exclusive rights to reproduce and distribute copies 
are owned by the same person who owns such exclusive rights in the 
nondramatic literary material, if the infringer proves-

          (1) that copies of the work have been imported into or publicly 
     distributed in the United States in violation of this section by or 
     with the authority of the owner of such exclusive rights; and

          (2) that the infringing copies were manufactured in the United 
     States or Canada in accordance with the provisions of subsection (c); 
     and

          (3) that the infringement was commenced before the effective date 
     of registration for an authorized edition of the work, the copies of 
     which have been manufactured in the United States or Canada in 
     accordance with the provisions of subsection (c).

     (e) In any action for infringement of the exclusive rights to reproduce 
and distribute copies of a work containing material required by this 
section to be manufactured in the United States or Canada, the 
copyright owner shall set forth in the complaint the names of the 
persons or organizations who performed the processes specified by 
subsection (c) with respect to that material, and the places where those 
processes were performed.


Section 602.  Infringing importation of copies or phonorecords.

     (a) Importation into the United States, without the authority of the 
owner of copyright under this title, of copies or phonorecords of a work 
that have been acquired outside the United States is an infringement of 
the exclusive right to distribute copies of phonorecords under section 
406, actionable under section 501.  This subsection does not apply to-

          (1) importation of copies or phonorecords under the authority or for 
     the use of the Government of the United States or of any State or 
     political subdivision of a State, but not including copies or 
     phonorecords for purposes other than archival use;

          (2) importation, for the private use of the importer and not for 
     distribution, by any person with respect to no more than one copy or 
     phonorecord of any one work at any one time, or by any person 
     arriving from outside the United States with respect to copies or 
     phonorecords forming part of such person's personal baggage; or

          (3) importation by or for an organization operated for scholarly, 
     educational, or religious purposes and not for private gain, with 
     respect to no more than one copy of an audiovisual work solely for its 
     archival purposes, and no more than five copies or phonorecords of 
     any other work for its library lending or archival purposes, unless 
     the importation of such copies or phonorecords is part of an activity 
     consisting of systematic reproduction or distribution, engaged in by 
     such organization in violation of the provisions of section 108(g)(2).

     (b) In a case where the making of the copies or phonorecords would 
have constituted an infringement of copyright if this title had been 
applicable, their importation is prohibited.  In a case where the copies 
or phonorecords were lawfully made, the United States Customs service 
has no authority to prevent their importation unless the provisions of 
section 601 are applicable. In either case, the Secretary of the Treasury 
is authorized to prescribe, by regulation, a procedure under which any 
person claiming an interest in the copyright in a particular work may, 
upon payment of a specified fee, be entitled to notification by the 
Customs Service of the importation of articles that appear to be copies 
of phonorecords of the work.


Section 603.  Importation prohibitions: Enforcement and disposition of 
excluded articles.

     (a) The Secretary of the Treasury and the United States Postal 
Service shall separately or jointly make regulations for the 
enforcement of the provisions of this title prohibiting importation.

     (b) These regulations may require, as a condition for the exclusion of 
articles under section 602-

          (1) that the person seeking exclusion obtain a court order enjoining 
     importation of the articles; or

          (2) that the person seeking exclusion furnish proof, of a specified 
     nature and in accordance with prescribed procedures, that the 
     copyright in which such person claims an interest is valid and that 
     the importation would violate the prohibition in section 602; the 
     person seeking exclusion may also be required to post a surety bond 
     for any injury that may result if the detention or exclusion of the 
     articles proves to be unjustified.

     (c) Articles imported in violation of the importation prohibitions of 
this title are subject to seizure and forfeiture in the same manner as 
property imported in violation of the customs revenue laws.  Forfeited 
articles shall be destroyed as directed by the Secretary of the Treasury 
of the court, as the case may be; however, the articles may be returned 
to the country of export whenever it is shown to the satisfaction of the 
Secretary of the Treasury that the importer had no reasonable grounds 
for believing that his or her acts constituted a violation of law.



CHAPTER 7 - COPYRIGHT OFFICE.  Analysis.

Sec.
701.  The Copyright Office: General responsibilities and organization.
702.  Copyright Office regulations.
703.  Effective date of actions in Copyright Office.
704.  Retention and disposition of articles deposited in Copyright 
      Office.
705.  Copyright Office records; Preparation, maintenance, public 
      inspection, and searching.
706.  Copies of Copyright Office records.
707.  Copyright Office forms and publications.
708.  Copyright Office fees.
709.  Delay in delivery caused by disruption of postal or other services.
710.  Reproduction for use of the blind and physically handicapped: 
      Voluntary licensing forms and  procedures.


Section 701.  The Copyright Office: General responsibilities and 
organization.

     (a) All administrative functions and duties under this title, except as 
otherwise specified, are the responsibility of the Register of 
Copyrights as director of the Copyright Office of the Library of 
Congress.  The Register of Copyrights, together with the subordinate 
officers and employees of the Copyright Office, shall be appointed by 
the Librarian of Congress, and shall act under the Librarian's general 
direction and supervision.

     (b) The Register of Copyrights shall adopt a seal to be used on and 
after January 1, 1978, to authenticate all certified documents issued by 
the Copyright Office.

     (c) The Register of Copyrights shall make an annual report to the 
Librarian of Congress of the work and accomplishments of the 
Copyright Office during the previous fiscal year.  The annual report of 
the Register of Copyrights shall be published separately and as a part 
of the annual report of the Librarian of Congress.

     (d) Except as provided by section 706(b) and the regulations issued 
thereunder, all actions taken by the Register of Copyrights under this 
title are subject to the provisions of the Administrative Procedure Act 
of June 11, 1946, as amended (c. 324, 60 Stat. 237, title 5, United States 
Code, Chapter 5, Subchapter II and Chapter 7).


Section 702.  Copyright Office regulations.

     The Register of Copyrights is authorized to establish regulations not 
inconsistent with law for the administration of the functions and duties 
made the responsibility of the Register under this title.  All 
regulations established by the Register under this title are subject to 
the approval of the Librarian of Congress


Section 703.  Effective date of actions in Copyright Office.

     In any case in which time limits are prescribed under this title for 
the performance of an action in the Copyright Office, and in which the 
last day of the prescribed period falls on a Saturday, Sunday, holiday, 
or other nonbusiness day within the District of Columbia or the Federal 
Government, the action may be taken on the next succeeding business 
day, and is effective as of the date when the period expired.


Section 704.  Retention and disposition of articles deposited in 
Copyright Office.

     (a) Upon their deposit in the Copyright Office under section 407 and 
408, all copies, phonorecords, and identifying material, including those 
deposited in connection with claims that have been refused 
registration, are the property of the United States Government.

     (b) In the case of published works, all copies, phonorecords, and 
identifying material deposited are available to the Library of 
Congress for its collections, or for exchange or transfer to any other 
library.  In the case of unpublished works, the Library is entitled, under 
regulations that the Register of Copyrights shall prescribe, to select 
any deposits for its collections or for transfer to the National Archives 
of the United States or to a Federal records center, as defined in section 
2901 of title 44.

     (c) The Register of Copyrights is authorized, for specific or general 
categories of works, to make a facsimile reproduction of all or any part 
of the material deposited under section 408, and to make such 
reproduction a part of the Copyright Office records of the registration, 
before transferring such material to the Library of Congress as provided 
by subsection (b), or before destroying or otherwise disposing of such 
material as provided by subsection (d).

     (d) Deposits not selected by the Library under subsection (b), or 
identifying portions or reproductions of them, shall be retained under 
the control of the Copyright Office, including retention in Government 
storage facilities, for the longest period considered practicable and 
desirable by the Register of Copyrights and the Librarian of Congress.  
After that period it is within the joint discretion of the Register and 
the Librarian to order their destruction or other disposition; but, in the 
case of unpublished works, no deposit shall be knowingly or 
intentionally destroyed or otherwise disposed of during its term of 
copyright unless a facsimile reproduction of the entire deposit has been 
made a part of the Copyright Office records as provided by subsection (c). 

     (e) The depositor of copies, phonorecords, or identifying material 
under section 408, or the copyright owner of record, may request 
retention, under the control of the Copyright Office, of one or more of 
such articles for the full term of copyright in the work.  The Register of 
Copyrights shall prescribe, by regulation, the conditions under which 
such requests are to be made and granted, and shall fix the fee to be 
charged under section 708(a)(11) if the request is granted.


Section 705.  Copyright Office records: Preparation, maintenance, 
public inspection, and searching.

     (a) The Register of Copyrights shall provide and keep in the 
Copyright Office records of all deposits, registrations, recordations, 
and other actions taken under this title, and shall prepare indexes of 
all such records.

     (b) Such records and indexes, as well as the articles deposited in 
connection with completed copyright registrations and retained under 
the control of the Copyright Office, shall be open to public inspection.

     (c) Upon request and payment of the fee specified by section 708, the 
Copyright Office shall make a search of its public records, indexes, and 
deposits, and shall furnish a report of the information they disclose 
with respect to any particular deposits, registrations, or recorded 
documents.


Section 706.  Copies of Copyright Office records.

     (a) Copies may be made of any public records or indexes of the 
Copyright Office; additional certificates of copyright registration and 
copies of any public records or indexes may be furnished upon request 
and payment of the fees specified by section 708.

     (b) Copies or reproductions of deposited articles retained under the 
control of the Copyright Office shall be authorized or furnished only 
under the conditions specified by the Copyright Office regulation.


Section 707.  Copyright Office forms and publication.

     (a) Catalog of Copyright Entries -- The Register of Copyrights shall 
compile and publish at periodic intervals catalogs of all copyright 
registrations.  These catalogs shall be divided into parts in accordance 
with the various classes of works, and the Register has discretion to 
determine, on the basis of practicability and usefulness, the form and 
frequency of publication of each particular part.

     (b) Other Publication -- The Register shall furnish, free of charge 
upon request, application forms for copyright registration and general 
informational material in connection with the functions of the 
Copyright Office.  The Register also has the authority to publish 
compilations of information, bibliographies, and other material he or 
she considers to be of value to the public.

     (c) Distribution of Publications. -- All publications of the Copyright 
Office shall be furnished to depository libraries as specified under 
section 1905 of title 44, and, aside from those furnished free of charge, 
shall be offered for sale to the public at prices based on the cost of 
reproduction and distribution.


Section 708.  Copyright Office fees.

     (a) The following fees shall be paid to the Register of Copyrights:

          (1) on filing each application for registration of a copyright claim 
     or a supplementary registration under section 408, including the 
     issuance of a certificate of registration if registration is made, $10;

          (2) on filing each application for registration of a claim to renewal 
     of a subsisting copyright in its first term under section 304(a), 
     including the issuance of a certificate of registration if registration 
     is made, $6;

          (3) for the issuance of a receipt for a deposit under section 
     407, $2;

          (4) for the recordation, as provided by section 205, of a transfer 
     of copyright ownership or other document of six pages or less, covering 
     no more than one title; $10; for each page over six and each title 
     over one, 50 cents additional;

          (5) for the filing, under section 115(b), of a notice of intention 
     to make phonorecords, $6;

          (6) for the recordation, under section 302(c), of a statement 
     revealing the identity of an author of an anonymous or 
     pseudonymous work, or for the recordation, under section 302(d), of a 
     statement relating to the death of an author, $10 for a document of 
     six pages or less, covering no more than one title; for each page over 
     six and for each title over one, $1 additional;

          (7) for the issuance, under section 601, of an import statement, $3;

          (8) for the issuance, under section 706, of an additional certificate 
     of registration, $4;

          (9) for the issuance of any other certification, $4; the Register of 
     Copyrights has discretion, on the basis of their cost, to fix the fees 
     for preparing copies of Copyright Office records, whether they are 
     to be certified or not;

          (10) for the making and reporting of a search as provided by section 
     705, and for any related services, $10 for each hour or fraction of an 
     hour consumed;

          (11) for any other special services requiring a substantial amount of 
     time or expense, such fees as the Register of Copyrights may fix on 
     the basis of the cost of providing the service.

     (b) The fees prescribed by or under this section are applicable to the 
United States  Government and any of its agencies, employees, or 
officers, but the Register of Copyrights has discretion to waive the 
requirement of this subsection in occasional or isolated cases involving 
relatively small amounts.

     (c) All fees received under this section shall be deposited by the 
Register of Copyrights in the Treasury of the United States and shall 
be credited to the appropriation for necessary expenses of the 
Copyright Office.  The Register may, in accordance with regulations 
that he or she shall prescribe, refund any sum paid by mistake or in 
excess of the fee required by this section.


Section 709.  Delay in delivery caused by disruption of postal or other 
services.

     In any case in which the Register of Copyrights determines, on the 
basis of such evidence as the Register may by regulation require, that a 
deposit, application, fee, or any other material to be delivered to the 
Copyright Office by a particular date, would have been received in the 
Copyright Office in due time except for a general disruption or 
suspension of postal or other transportation or communications services, 
the actual receipt of such material in the Copyright Office within one 
month after the date on which the Register determines that the 
disruption or suspension of such services has terminated, shall be 
considered timely.


Section 710.  Reproduction for use of the blind and physically 
handicapped: Voluntary licensing forms and procedures.

     The Register of Copyrights shall, after consultation with the Chief 
of the Division for the Blind and Physically Handicapped and other 
appropriate officials of the Library of Congress, establish by 
regulation standardized forms and procedures by which, at the time 
applications covering certain specified categories of nondramatic 
literary works are submitted for registration under section 408 of this 
title, the copyright owner may voluntarily grant to the Library of 
Congress a license to reproduce the copyrighted work by means of 
Braille or similar tactile symbols, or by fixation of a reading of the 
work in a phonorecord, or both, and to distribute the resulting copies or 
phonorecords solely for the use of the blind and physically 
handicapped and under limited conditions to be specified in the 
standardized forms.



CHAPTER 8 - COPYRIGHT ROYALTY TRIBUNAL.  Analysis.

Sec.
801.  Copyright Royalty Tribunal: Establishment and purpose.
802.  Membership of the Tribunal.  
803.  Procedures of the Tribunal.
804.  Institution and conclusion of proceedings.
805.  Staff of the Tribunal.
806.  Administrative support of the Tribunal.
807.  Deduction of costs of proceedings.
808.  Reports.
809.  Effective date of final determinations.
810.  Judicial review.


Section 801.  Copyright Royalty Tribunal: Establishment and purpose.

     (a) There is hereby an independent Copyright Royalty Tribunal in 
the legislative branch.

     (b) Subject to the provisions of this chapter, the purposes of the 
Tribunal shall be-

          (1) to make determinations concerning the adjustment of reasonable 
     copyright royalty rates as provided in sections 115 and 116, and to 
     make determinations as to reasonable terms and rates of royalty 
     payments as provided in section 118.  The rates applicable under 
     sections 115 and 116 shall be calculated to achieve the following 
     objectives.

               (A) To maximize the availability of creative works to the 
          public;

               (B) To afford the copyright owner a fair return for his creative 
          work and the copyright user a fair income under existing 
          economic conditions;

               (C) To reflect the relative roles of the copyright owner and the 
          copyright user in the product made available to the public with 
          respect to relative creative contribution, technological 
          contribution, capital investment, cost, risk, and contribution to 
          the opening of new markets for creative expression and media for 
          their communication;

               (D) To minimize any disruptive impact on the structure of the 
          industries involved and on generally prevailing industry 
          practices.

          (2) to make determinations concerning the adjustment of copyright 
     royalty rates in section 111 solely in accordance with the following 
     provisions:

               (A) The rates established by section 111(d)(2)(B) may be 
          adjusted to reflect (i) national monetary inflation or deflation or 
          (ii) changes in the average rates charged cable subscribers for 
          the basic service of providing secondary transmissions to 
          maintain the real constant dollar level of the royalty fee per 
          subscriber which existed as of the date of enactment of this Act: 
          Provided, That if the average rates charged cable system 
          subscribers for the basic service of providing secondary 
          transmissions are changed so that the average rates exceed 
          national monetary inflation, no change in the rates established 
          by section 111(d)(2)(B) shall be permitted: And provided 
          further, That no increase in the royalty fee shall be permitted 
          based on any reduction in the average number of distant signal 
          equivalents per subscriber.  The Commission may consider all 
          factors relating to the maintenance of such level of payments 
          including, as an extenuating factor, whether the cable industry 
          has been restrained by subscriber rate regulating authorities from 
          increasing the rates for the basic service of providing secondary 
          transmissions.

               (B) In the event that the rules and regulations of the Federal 
          Communications Commission are amended at any time after 
          April 15, 1976, to permit the carriage by cable systems of 
          additional television broadcast signals beyond the local service 
          area of the primary transmitters of such signals, the royalty 
          rates established by section 111(d)(2)(B) may be adjusted to 
          insure that the rates for the additional distant signal 
          equivalents resulting from such carriage are reasonable in the 
          light of the changes effected by the amendment to such rules and 
          regulations.  In determining the reasonableness of rates proposed 
          following an amendment of Federal Communications Commission 
          rules and regulations, the Copyright Royalty Tribunal shall 
          consider, among other factors, the economic impact on copyright 
          owners and users: Provided, That no adjustment in royalty rates 
          shall be made under this subclause with respect to any distant 
          signal equivalent or fraction thereof represented by (i) carriage 
          of a signal of the same type (that is, independent, network, or 
          noncommercial educational) substituted for such permitted 
          signal, or (ii) a television broadcast signal first carried after 
          April 15, 1976, pursuant to an individual waiver of the rules and 
          regulations of the Federal Communications Commission, as such 
          rules and regulations were in effect on April 14, 1976.

               (C) In the event of any change in the rules and regulations of 
          the Federal Communications Commission with respect to syndicated 
          and sports program exclusivity after April 15, 1976, the rates 
          established by section 111(d)(2)(B) may be adjusted to assure 
          that such rates are reasonable in light of the changes to such 
          rules and regulations, but any such adjustment shall apply only 
          to the affected television broadcast signals carried on those 
          systems affected by the change.

               (D) The gross receipts limitations established by section 
          111(d)(2)(C) and (D) shall be adjusted to reflect national 
          monetary inflation or deflation or changes in the average rates 
          charged cable system subscribers for the basic service of 
          providing secondary transmissions to maintain the real constant 
          dollar value of the exemption provided by such section; and the 
          royalty rate specified therein shall not be subject to adjustment; 
          and

          (3) As soon as possible after the date of enactment of this Act, and 
     no later than six months following such date, the President shall 
     publish a notice announcing the initial appointments provided in 
     section 802, and shall designate an order of seniority among the 
     initially-appointed commissioners for purposes of section 802(b).


Section 802.  Membership of the Tribunal.

     (a) The Tribunal shall be composed of five commissioners appointed 
by the President with the advise and consent of the Senate for a term of 
seven years each; of the first five members appointed, three shall be 
designated to serve for seven years from the date of the notice specified 
in section 801(C), and two shall be designated to serve for five years 
from such date, respectively. Commissioners shall be compensated at 
the highest rate now or hereafter prescribe sic for grade 18 of the 
General Schedule pay rates (5 U.S.C. 5332).

     (b) Upon convening the commissioners shall elect a chairman from 
among the commissioners appointed for a full seven-year term.  Such 
chairman shall serve for a term of one year.  Thereafter, the most senior 
commissioner who has not previously served as chairman shall serve as 
chairman for a period of one year, except that, if all commissioners 
have served a full term as chairman, the most senior commissioner who 
has served the least number of terms as chairman shall be designated 
as chairman.

     (c) Any vacancy in the Tribunal shall not affect its powers and shall 
be filed, for the unexpired term of the appointment, in the same manner 
as the original appointment was made. 


Section 803.  Procedures of the Tribunal.

     (a) The Tribunal shall adopt regulations, not inconsistent with law, 
governing procedure and methods of operation.  Except as otherwise 
provided in this chapter, the Tribunal shall be subject to the provisions 
of the Administrative Procedure Act of June 11, 1946, as amended (c. 324, 
60 Stat. 237, title 5, United States Code, chapter 5, subchapter II and 
chapter 7).


Section 804.  Institution and conclusion of proceedings.

     (a) With respect to proceedings under section 801(b)(1) concerning the 
investment of royalty rates as provided in sections 115 and 116, and 
with respect to proceedings under section 801(b)(2)(A) and (D)-

          (1) on January 1, 1980, the Chairman of the Tribunal shall cause to 
     be published in the Federal Register notice of commencement of 
     proceedings under this chapter; and

          (2) during the calendar years specified in the following schedule, 
     any owner or user of a copyrighted work whose royalty rates are 
     specified by this title, or by a rate established by the Tribunal, may 
     file a petition with the Tribunal declaring that the petitioner 
     requests an adjustment of the rate.  The Tribunal shall make a 
     determination as to whether the applicant has a significant interest 
     in the royalty rate in which an adjustment is requested.  If the 
     Tribunal determines that the petitioner has a significant interest, 
     the Chairman shall cause notice of this determination, with the 
     reasons therefor, to be published in the Federal Register, together 
     with notice of commencement of proceedings under this chapter.

               (A) In proceedings under section 801(b)(2)(A) and (D), such 
          petition may be filed during 1985 and in each subsequent fifth 
          calendar year.

               (B) In proceedings under section 801(b)(1) concerning the 
          adjustment of royalty rates as provided in section 115, such petition 
          may be filed in 1987 and in each subsequent tenth calendar year.

               (C) In proceedings under section 801(b)(1) concerning the 
          adjustment of royalty rates under section 116, such petition may be 
          filed in 1990 and in each subsequent tenth calendar year.

     (b) With respect to proceedings under subclause (B) or (C) of section 
(_)(2), following an event described in either of those subsections, any 
____ or user of a copyrighted work whose royalty rates are specified by 
section ____ by a rate established by the Tribunal, may, within twelve 
months, file a ___on with the Tribunal declaring that the petitioner 
requests an adjustment of the rate.  In this event the Tribunal shall 
proceed as in subsection (a)(2), above. Any change in royalty rates made 
by the Tribunal pursuant to this subsection may be reconsidered in 1980, 
1985, and each fifth calendar year thereafter, in accordance with the 
provisions in section 801(b)(2)(B) or (C), as the case may be.

     (c) With respect to proceedings under section 801(b)(1), concerning the 
determination of reasonable terms and rates of royalty payments as 
provided in section 118, the Tribunal shall proceed when and as 
provided by that section.

     (d) With respect to proceedings under section 801(b)(3), concerning the 
distribution of royalty fees in certain circumstances under sections 111 or 
116, the Chairman of the Tribunal shall, upon determination by the 
Tribunal that a controversy exists concerning such distribution, cause to 
be published in the Federal Register notice of commencement of 
proceedings under this chapter.

     (e) All proceedings under this chapter shall be initiated without 
delay following publication of the notice specified in this section, and 
the Tribunal shall render its final decision in any such proceeding with 
one year from the date of such publication.


Section 805.  Staff of the Tribunal.

     (a) The Tribunal is authorized to appoint and fix the compensation of 
such employees as may be necessary to carry out the provisions of this 
chapter, and to prescribe their functions and duties.

     (b) The Tribunal may procure temporary and intermittent services to 
the same extent as is authorized by section 3109 of title 5.


Section 806.  Administrative support of the Tribunal.

     (a) The Library of Congress shall provide the Tribunal with 
necessary administrative services, including those related to budgeting, 
accounting, financial reporting, travel, personnel, and procurement.  The 
Tribunal shall pay the Library for such services, either in advance or 
by reimbursement from the funds of the Tribunal, at amounts to be 
agreed upon between the Librarian and the Tribunal.

     (b) The Library of Congress is authorized to disburse funds for the 
Tribunal, under regulations prescribed jointly by the Librarian of 
Congress and the Tribunal and approved by the Comptroller General.  
Such regulations shall establish requirements and procedures under 
which every voucher certified for payment by the Library of Congress 
under this chapter shall be supported with a certification by a duly 
authorized officer or employee of the Tribunal, and shall prescribe the 
responsibilities and accountability of said officers and employees of 
the Tribunal with respect to such certifications.


Section 807.  Deduction of costs of proceedings.

     Before any funds are distributed pursuant to a final decision in a 
proceeding involving distribution of royalty fees, the Tribunal shall 
assess the reasonable costs of such proceeding.


Section 808.  Reports.

     In addition to its publication of the reports of all final 
determinations as provided in section 803(b), the Tribunal shall make 
an annual report to the President and the Congress concerning the 
Tribunal's work during the preceding fiscal year, including a detailed 
fiscal statement of account.


Section 809.  Effective date of final determinations.

     Any final determination by the Tribunal under this chapter shall 
become effective thirty days following its publication in the Federal 
Register as provided in section 803(b), unless prior to that time an 
appeal has been filed pursuant to section 810, to vacate, modify, or 
correct such determination, and notice of such appeal has been served on 
all parties who appeared before the Tribunal in the proceeding in 
question.  Where the proceeding involves the distribution of royalty 
fees under sections 111 or 116, the Tribunal shall, upon the expiration of 
such thirty-day period, distribute any royalty fees not subject to an 
appeal filed pursuant to section 810.


Section 810.  Judicial review.

     Any final decision of the Tribunal in a proceeding under section 801(b) 
may be appealed to the United States Court of Appeals, within thirty 
days after its publication in the Federal Register by an aggrieved 
party.  The judicial review of the decision shall be had, in accordance 
with chapter 7 of title 5, on the basis of the record before the Tribunal.  
No court shall have jurisdiction to review a final decision of the 
Tribunal except as provided in this section.
