U.S.A. Copyright Law - Library of Congress. Copyright Office (best sales books of all time txt) 📗

shall include an English translation of

the title and any other alternative titles known to the owner by which

the restored work may be identified, and an address and telephone number

at which the owner may be contacted. If the notice is signed by an

agent, the agency relationship must have been constituted in a writing

signed by the owner before the filing of the notice. The Copyright

Office may specifically require in regulations other information to be

included in the notice, but failure to provide such other information

shall not invalidate the notice or be a basis for refusal to list the

restored work in the Federal Register.

(ii) If a work in which copyright is restored has no formal title, it

shall be described in the notice of intent in detail sufficient to

identify it.

(iii) Minor errors or omissions may be corrected by further notice at

any time after the notice of intent is filed. Notices of corrections for

such minor errors or omissions shall be accepted after the period

established in subsection (d)(2)(A)(i). Notices shall be published in

the Federal Register pursuant to subparagraph (B).

(B)(i) The Register of Copyrights shall publish in the Federal Register,

commencing not later than 4 months after the date of restoration for a

particular nation and every 4 months thereafter for a period of 2 years,

lists identifying restored works and the ownership thereof if a notice

of intent to enforce a restored copyright has been filed.

(ii) Not less than 1 list containing all notices of intent to enforce

shall be maintained in the Public Information Office of the Copyright

Office and shall be available for public inspection and copying during

regular business hours pursuant to sections 705 and 708.

(C) The Register of Copyrights is authorized to fix reasonable fees

based on the costs of receipt, processing, recording, and publication of

notices of intent to enforce a restored copyright and corrections

thereto.

(D)(i) Not later than 90 days before the date the Agreement on

Trade-Related Aspects of Intellectual Property referred to in section

101(d) (15) of the Uruguay Round Agreements Act enters into force with

respect to the United States, the Copyright Office shall issue and

publish in the Federal Register regulations governing the filing under

this subsection of notices of intent to enforce a restored copyright.

(ii) Such regulations shall permit owners of restored copyrights to file

simultaneously for registration of the restored copyright.

(2) Notices of Intent Served on a Reliance Party.-

(A) Notices of intent to enforce a restored copyright may be served on a

reliance party at any time after the date of restoration of the restored

copyright.

(B) Notices of intent to enforce a restored copyright served on a

reliance party shall be signed by the owner or the owner's agent, shall

identify the restored work and the work in which the restored work is

used, if any, in detail sufficient to identify them, and shall include

an English translation of the title, any other alternative titles known

to the owner by which the work may be identified, the use or uses to

which the owner objects, and an address and telephone number at which

the reliance party may contact the owner. If the notice is signed by an

agent, the agency relationship must have been constituted in writing and

signed by the owner before service of the notice.

(3) Effect of Material False Statements. Any material false statement

knowingly made with respect to any restored copyright identified in any

notice of intent shall make void all claims and assertions made with

respect to such restored copyright.

(f) Immunity From Warranty and Related Liability.-

(1) In General. Any person who warrants, promises, or guarantees that

a work does not violate an exclusive right granted in section 106 shall

not be liable for legal, equitable, arbitral, or administrative relief

if the warranty, promise, or guarantee is breached by virtue of the

restoration of copyright under this section, if such warranty, promise,

or guarantee is made before January 1, 1995.

(2) Performances. No person shall be required to perform any act if

such performance is made infringing by virtue of the restoration of

copyright under the provisions of this section, if the obligation to

perform was undertaken before January 1, 1995.

(g) Proclamation of Copyright Restoration. Whenever the President finds

that a particular foreign nation extends, to works by authors who are

nationals or domiciliaries of the United States, restored copyright

protection on substantially the same basis as provided under this

section, the President may by proclamation extend restored protection

provided under this section to any work

(1) 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

(2) 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 such a

proclamation.

(h) Definitions. For purposes of this section and section 109(a):

(1) The term "date of adherence or proclamation" means the earlier of

the date on which a foreign nation which, as of the date the WTO

Agreement enters into force with respect to the United States, is not a

nation adhering to the Berne Convention or a WTO member country,

becomes-

(A) a nation adhering to the Berne Convention;

(B) a WTO member country;

(C) a nation adhering to the WIPO Copyright Treaty; [30]

(D) a nation adhering to the WIPO Performances and Phonograms Treaty; [31]

or

(E) subject to a Presidential proclamation under subsection (g).

(2) The "date of restoration" of a restored copyright is-

(A) January 1, 1996, if the source country of the restored work is a

nation adhering to the Berne Convention or a WTO member country on such

date, or

(B) the date of adherence or proclamation, in the case of any other

source country of the restored work.

(3) The term "eligible country" means a nation, other than the United

States, that

(A) becomes a WTO member country after the date of the enactment of the

Uruguay Round Agreements Act;

(B) on such date of enactment is, or after such date of enactment

becomes, a nation adhering to the Berne Convention;

(C) adheres to the WIPO Copyright Treaty; [32]

(D) adheres to the WIPO Performances and Phonograms Treaty; [33] or

(E) after such date of enactment becomes subject to a proclamation under

subsection (g).

(4) The term "reliance party" means any person who-

(A) with respect to a particular work, engages in acts, before the

source country of that work becomes an eligible country, which would

have violated section 106 if the restored work had been subject to

copyright protection, and who, after the source country becomes an

eligible country, continues to engage in such acts;

(B) before the source country of a particular work becomes an eligible

country, makes or acquires 1 or more copies or phonorecords of that

work; or

(C) as the result of the sale or other disposition of a derivative work

covered under subsection (d)(3), or significant assets of a person

described in subparagraph (A) or (B), is a successor, assignee, or

licensee of that person.

(5) The term "restored copyright" means copyright in a restored work

under this section.

(6) The term "restored work" means an original work of authorship that-

(A) is protected under subsection (a);

(B) is not in the public domain in its source country through expiration

of term of protection;

(C) is in the public domain in the United States due to-

(i) noncompliance with formalities imposed at any time by United States

copyright law, including failure of renewal, lack of proper notice, or

failure to comply with any manufacturing requirements;

(ii) lack of subject matter protection in the case of sound recordings

fixed before February 15, 1972; or

(iii) lack of national eligibility;

(D) has at least one author or rightholder who was, at the time the work

was created, a national or domiciliary of an eligible country, and if

published, was first published in an eligible country and not published

in the United States during the 30-day period following publication in

such eligible country; and

(E) if the source country for the work is an eligible country solely by

virtue of its adherence to the WIPO Performances and Phonograms Treaty,

is a sound recording. [34]

(7) The term "rightholder" means the person-

(A) who, with respect to a sound recording, first fixes a sound

recording with authorization, or

(B) who has acquired rights from the person described in subparagraph

(A) by means of any conveyance or by operation of law.

(8) The "source country" of a restored work is-

(A) a nation other than the United States;

(B) in the case of an unpublished work-

(i) the eligible country in which the author or rightholder is a

national or domiciliary, or, if a restored work has more than 1 author

or rightholder, of which the majority of foreign authors or rightholders

are nationals or domiciliaries; or

(ii) if the majority of authors or rightholders are not foreign, the

nation other than the United States which has the most significant

contacts with the work; and

(C) in the case of a published work-

(i) the eligible country in which the work is first published, or

(ii) if the restored work is published on the same day in 2 or more

eligible countries, the eligible country which has the most significant

contacts with the work.

Section 105. Subject matter of copyright: United States Government

works [35]

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 [36]

Subject to sections 107 through 121, 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;

(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 work publicly; and

(6) in the case of sound recordings, to perform the copyrighted work

publicly by means of a digital audio transmission.

Section 106A. Rights of certain authors to attribution and integrity [37]

(a) Rights of Attribution and Integrity. Subject to section 107 and

independent of the exclusive rights provided in section 106, the author

of a work of visual art

(1) shall have the right-

(A) to claim authorship of that work, and

(B) to prevent the use of his or her name as the author of any work of

visual art which he or she did not create;

(2) shall have the right to prevent the use of his or her name as the

author of the work of visual art in the event of a distortion,

mutilation, or other modification of the work which would be prejudicial

to his or her honor or reputation; and

(3) subject to the limitations set forth in section 113(d), shall have

the right-

(A) to prevent any intentional distortion, mutilation, or other

modification of that work which would be prejudicial to his or her honor

or reputation, and any intentional distortion, mutilation, or

modification of that work is a violation of that right, and

(B)