
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 17USC101]

 
                          TITLE 17--COPYRIGHTS
 
            CHAPTER 1--SUBJECT MATTER AND SCOPE OF COPYRIGHT
 
Sec. 101. Definitions

    Except as otherwise provided in this title, 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.
        An ``architectural work'' is the design of a building as 
    embodied in any tangible medium of expression, including a building, 
    architectural plans, or drawings. The work includes the overall form 
    as well as the arrangement and composition of spaces and elements in 
    the design, but does not include individual standard features.
        ``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 ``Berne Convention'' is the Convention for the Protection of 
    Literary and Artistic Works, signed at Berne, Switzerland, on 
    September 9, 1886, and all acts, protocols, and revisions thereto.
        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.
        ``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.
        A ``digital transmission'' is a transmission in whole or in part 
    in a digital or other non-analog format.
        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 process or, in the case of a motion picture or other 
    audiovisual work, to show individual images nonsequentially.
        An ``establishment'' is a store, shop, or any similar place of 
    business open to the general public for the primary purpose of 
    selling goods or services in which the majority of the gross square 
    feet of space that is nonresidential is used for that purpose, and 
    in which nondramatic musical works are performed publicly.
        A ``food service or drinking establishment'' is a restaurant, 
    inn, bar, tavern, or any other similar place of business in which 
    the public or patrons assemble for the primary purpose of being 
    served food or drink, in which the majority of the gross square feet 
    of space that is nonresidential is used for that purpose, and in 
    which nondramatic musical works are performed publicly.
        The term ``financial gain'' includes receipt, or expectation of 
    receipt, of anything of value, including the receipt of other 
    copyrighted works.
        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 ``Geneva Phonograms Convention'' is the Convention for the 
    Protection of Producers of Phonograms Against Unauthorized 
    Duplication of Their Phonograms, concluded at Geneva, Switzerland, 
    on October 29, 1971.
        The ``gross square feet of space'' of an establishment means the 
    entire interior space of that establishment, and any adjoining 
    outdoor space used to serve patrons, whether on a seasonal basis or 
    otherwise.
        The terms ``including'' and ``such as'' are illustrative and not 
    limitative.
        An ``international agreement'' is--
            (1) the Universal Copyright Convention;
            (2) the Geneva Phonograms Convention;
            (3) the Berne Convention;
            (4) the WTO Agreement;
            (5) the WIPO Copyright Treaty;
            (6) the WIPO Performances and Phonograms Treaty; and
            (7) any other copyright treaty to which the United States is 
        a party.

        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.
        A ``performing rights society'' is an association, corporation, 
    or other entity that licenses the public performance of nondramatic 
    musical works on behalf of copyright owners of such works, such as 
    the American Society of Composers, Authors and Publishers (ASCAP), 
    Broadcast Music, Inc. (BMI), and SESAC, Inc.
        ``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, diagrams, models, and technical drawings, including 
    architectural plans. 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.
        For purposes of section 513, a ``proprietor'' is an individual, 
    corporation, partnership, or other entity, as the case may be, that 
    owns an establishment or a food service or drinking establishment, 
    except that no owner or operator of a radio or television station 
    licensed by the Federal Communications Commission, cable system or 
    satellite carrier, cable or satellite carrier service or programmer, 
    provider of online services or network access or the operator of 
    facilities therefor, telecommunications company, or any other such 
    audio or audiovisual service or programmer now known or as may be 
    developed in the future, commercial subscription music service, or 
    owner or operator of any other transmission service, shall under any 
    circumstances be deemed to be a proprietor.
        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.
        ``Registration'', for purposes of sections 205(c)(2), 405, 406, 
    410(d), 411, 412, and 506(e), means a registration of a claim in the 
    original or the renewed and extended term of copyright.
        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.
        A ``treaty party'' is a country or intergovernmental 
    organization other than the United States that is a party to an 
    international agreement.
        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.
        For purposes of section 411, a work is a ``United States work'' 
    only if--
            (1) in the case of a published work, the work is first 
        published--
                (A) in the United States;
                (B) simultaneously in the United States and another 
            treaty party or parties, whose law grants a term of 
            copyright protection that is the same as or longer than the 
            term provided in the United States;
                (C) simultaneously in the United States and a foreign 
            nation that is not a treaty party; or
                (D) in a foreign nation that is not a treaty party, and 
            all of the authors of the work are nationals, domiciliaries, 
            or habitual residents of, or in the case of an audiovisual 
            work legal entities with headquarters in, the United States;

            (2) in the case of an unpublished work, all the authors of 
        the work are nationals, domiciliaries, or habitual residents of 
        the United States, or, in the case of an unpublished audiovisual 
        work, all the authors are legal entities with headquarters in 
        the United States; or
            (3) in the case of a pictorial, graphic, or sculptural work 
        incorporated in a building or structure, the building or 
        structure is located in the United States.

        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 visual art'' is--
            (1) a painting, drawing, print, or sculpture, existing in a 
        single copy, in a limited edition of 200 copies or fewer that 
        are signed and consecutively numbered by the author, or, in the 
        case of a sculpture, in multiple cast, carved, or fabricated 
        sculptures of 200 or fewer that are consecutively numbered by 
        the author and bear the signature or other identifying mark of 
        the author; or
            (2) a still photographic image produced for exhibition 
        purposes only, existing in a single copy that is signed by the 
        author, or in a limited edition of 200 copies or fewer that are 
        signed and consecutively numbered by the author.

    A work of visual art does not include--
            (A)(i) any poster, map, globe, chart, technical drawing, 
        diagram, model, applied art, motion picture or other audiovisual 
        work, book, magazine, newspaper, periodical, data base, 
        electronic information service, electronic publication, or 
        similar publication;
            (ii) any merchandising item or advertising, promotional, 
        descriptive, covering, or packaging material or container;
            (iii) any portion or part of any item described in clause 
        (i) or (ii);
            (B) any work made for hire; or
            (C) any work not subject to copyright protection under this 
        title.
        A ``work of the United States Government'' is a work prepared by 
    an 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.

    In determining whether any work is eligible to be considered a work 
    made for hire under paragraph (2), neither the amendment contained 
    in section 1011(d) of the Intellectual Property and Communications 
    Omnibus Reform Act of 1999, as enacted by section 1000(a)(9) of 
    Public Law 106-113, nor the deletion of the words added by that 
    amendment--
            (A) shall be considered or otherwise given any legal 
        significance, or
            (B) shall be interpreted to indicate congressional approval 
        or disapproval of, or acquiescence in, any judicial 
        determination,

    by the courts or the Copyright Office. Paragraph (2) shall be 
    interpreted as if both section 2(a)(1) of the Work Made For Hire and 
    Copyright Corrections Act of 2000 and section 1011(d) of the 
    Intellectual Property and Communications Omnibus Reform Act of 1999, 
    as enacted by section 1000(a)(9) of Public Law 106-113, were never 
    enacted, and without regard to any inaction or awareness by the 
    Congress at any time of any judicial determinations.
        The terms ``WTO Agreement'' and ``WTO member country'' have the 
    meanings given those terms in paragraphs (9) and (10), respectively, 
    of section 2 of the Uruguay Round Agreements Act.
        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.

(Pub. L. 94-553, title I, Sec. 101, Oct. 19, 1976, 90 Stat. 2541; Pub. 
L. 96-517, Sec. 10(a), Dec. 12, 1980, 94 Stat. 3028; Pub. L. 100-568, 
Sec. 4(a)(1), Oct. 31, 1988, 102 Stat. 2854; Pub. L. 101-650, title VI, 
Sec. 602, title VII, Sec. 702, Dec. 1, 1990, 104 Stat. 5128, 5133; Pub. 
L. 102-307, title I, Sec. 102(b)(2), June 26, 1992, 106 Stat. 266; Pub. 
L. 102-563, Sec. 3(b), Oct. 28, 1992, 106 Stat. 4248; Pub. L. 104-39, 
Sec. 5(a), Nov. 1, 1995, 109 Stat. 348; Pub. L. 105-80, Sec. 12(a)(3), 
Nov. 13, 1997, 111 Stat. 1534; Pub. L. 105-147, Sec. 2(a), Dec. 16, 
1997, 111 Stat. 2678; Pub. L. 105-298, title II, Sec. 205, Oct. 27, 
1998, 112 Stat. 2833; Pub. L. 105-304, title I, Sec. 102(a), Oct. 28, 
1998, 112 Stat. 2861; Pub. L. 106-44, Sec. 1(g)(1), Aug. 5, 1999, 113 
Stat. 222; Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title I, 
Sec. 1011(d)], Nov. 29, 1999, 113 Stat. 1536, 1501A-544; Pub. L. 106-
379, Sec. 2(a), Oct. 27, 2000, 114 Stat. 1444.)

                          Amendment of Section

        Pub. L. 105-304, title I, Secs. 102(a)(6), 105(b)(1)(B), Oct. 
    28, 1998, 112 Stat. 2861, 2877, provided that, effective upon the 
    entry into force of the WIPO Copyright Treaty with respect to the 
    United States, this section is amended by inserting after the 
    definition of ``widow'' the following:

    The ``WIPO Copyright Treaty'' is the WIPO Copyright Treaty concluded 
at Geneva, Switzerland, on December 20, 1996.

        Pub. L. 105-304, title I, Secs. 102(a)(7), 105(b)(2)(B), Oct. 
    28, 1998, 112 Stat. 2862, 2877, provided that, effective upon the 
    entry into force of the WIPO Performances and Phonograms Treaty with 
    respect to the United States, this section is amended by inserting 
    after the definition of ``The `WIPO Copyright Treaty' '' the 
    following:

    The ``WIPO Performances and Phonograms Treaty'' is the WIPO 
Performances and Phonograms Treaty concluded at Geneva, Switzerland, on 
December 20, 1996.


                      Historical and Revision Notes

                        house report no. 94-1476

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

                       References in Text

    The Universal Copyright Convention, referred to in definition of 
``international agreement'', is set out under section 104 of this title.
    Section 1011(d) of the Intellectual Property and Communications 
Omnibus Reform Act of 1999, referred to in definition of ``work made for 
hire'', is section 1000(a)(9) [title I, Sec. 1011(d)] of Pub. L. 106-
113, which amended par. (2) of that definition. See 1999 Amendment note 
below.
    Section 2(a)(1) of the Work Made For Hire and Copyright Corrections 
Act of 2000, referred to in definition of ``work made for hire'', is 
section 2(a)(1) of Pub. L. 106--379, which amended par. (2) of that 
definition. See 2000 Amendment note below.
    Section 2 of the Uruguay Round Agreements Act, referred to in 
definitions of ``WTO Agreement'' and ``WTO member country'', is 
classified to section 3501 of Title 19, Customs Duties.


                               Amendments

    2000--Pub. L. 106-379, Sec. 2(a)(2), in definition of ``work made 
for hire'', inserted after par. (2) provisions relating to 
considerations and interpretations to be used in determining whether any 
work is eligible to be considered a work made for hire under par. (2).
    Pub. L. 106-379, Sec. 2(a)(1), in definition of ``work made for 
hire'', struck out ``as a sound recording,'' after ``motion picture or 
other audiovisual work,'' in par. (2).
    1999--Pub. L. 106-113, which directed the insertion of ``as a sound 
recording,'' after ``audiovisual work'' in par. (2) of definition 
relating to work made for hire, was executed by making the insertion 
after ``audiovisual work,'' to reflect the probable intent of Congress.
    Pub. L. 106-44, Sec. 1(g)(1)(B), in definition of ``proprietor'', 
substituted ``For purposes of section 513, a `proprietor' '' for ``A 
`proprietor' ''.
    Pub. L. 106-44, Sec. 1(g)(1)(A), transferred definition of ``United 
States work'' to appear after definition of ``United States''.
    1998--Pub. L. 105-304, Sec. 102(a)(1), struck out definition of 
``Berne Convention work''.
    Pub. L. 105-304, Sec. 102(a)(2), in definition of ``country of 
origin'', substituted ``For purposes of section 411, a work is a `United 
States work' only if'' for ``The `country of origin' of a Berne 
Convention work, for purposes of section 411, is the United States if'' 
in introductory provisions, substituted ``treaty party or parties'' for 
``nation or nations adhering to the Berne Convention'' in par. (1)(B) 
and ``is not a treaty party'' for ``does not adhere to the Berne 
Convention'' in par. (1)(C), (D), and struck out at end ``For the 
purposes of section 411, the `country of origin' of any other Berne 
Convention work is not the United States.''
    Pub. L. 105-298, Sec. 205(1), inserted definitions of 
``establishment'' and ``food service or drinking establishment''.
    Pub. L. 105-304, Sec. 102(a)(3), inserted definition of ``Geneva 
Phonograms Convention''.
    Pub. L. 105-298, Sec. 205(2), inserted definition of ``gross square 
feet of space''.
    Pub. L. 105-304, Sec. 102(a)(4), inserted definition of 
``international agreement''.
    Pub. L. 105-298, Sec. 205(3), (4), inserted definitions of 
``performing rights society'' and ``proprietor''.
    Pub. L. 105-304, Sec. 102(a)(5), (8), inserted definitions of 
``treaty party'', ``WTO Agreement'', and ``WTO member country''.
    1997--Pub. L. 105-147 inserted definition of ``financial gain''.
    Pub. L. 105-80, in definition of to perform or to display a work 
``publicly'', substituted ``process'' for ``processs'' in par. (2).
    1995--Pub. L. 104-39 inserted definition of ``digital 
transmission''.
    1992--Pub. L. 102-563 substituted ``Except as otherwise provided in 
this title, as used'' for ``As used'' in introductory provisions.
    Pub. L. 102-307 inserted definition of ``registration''.
    1990--Pub. L. 101-650, Sec. 702(a), inserted definition of 
``architectural work''.
    Pub. L. 101-650, Sec. 702(b), in definition of ``Berne Convention 
work'' added par. (5).
    Pub. L. 101-650, Sec. 602, inserted definition of ``work of visual 
art''.
    1988--Pub. L. 100-568, Sec. 4(a)(1)(B), inserted definitions of 
``The Berne Convention'' and ``Berne Convention work''.
    Pub. L. 100-568, Sec. 4(a)(1)(C), inserted definition of ``country 
of origin''.
    Pub. L. 100-568, Sec. 4(a)(1)(A), in definition of ``Pictorial, 
graphic, and sculptural works'' substituted ``diagrams, models, and 
technical drawings, including architectural plans'' for ``technical 
drawings, diagrams, and models''.
    1980--Pub. L. 96-517 inserted definition of ``computer program''.


                    Effective Date of 2000 Amendment

    Pub. L. 106-379, Sec. 2(b)(1), Oct. 27, 2000, 114 Stat. 1444, 
provided that: ``The amendments made by this section [amending this 
section] shall be effective as of November 29, 1999.''


                    Effective Date of 1999 Amendment

    Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title I, Sec. 1012], Nov. 
29, 1999, 113 Stat. 1536, 1501A-544, provided that: ``Sections 1001, 
1003, 1005, 1007, 1008, 1009, 1010, and 1011 [enacting sections 338 and 
339 of Title 47, Telegraphs, Telephones, and Radiotelegraphs, amending 
this section, sections 111, 119, 501, and 510 of this title, and section 
325 of Title 47, enacting provisions set out as a note under this 
section and section 325 of Title 47, and amending provisions set out as 
a note under section 119 of this title] (and the amendments made by such 
sections) shall take effect on the date of the enactment of this Act 
[Nov. 29, 1999]. The amendments made by sections 1002, 1004, and 1006 
[enacting section 122 of this title and amending sections 119 and 501 of 
this title] shall be effective as of July 1, 1999.''


                    Effective Date of 1998 Amendments

    Pub. L. 105-304, title I, Sec. 105, Oct. 28, 1998, 112 Stat. 2877, 
provided that:
    ``(a) In General.--Except as otherwise provided in this title [see 
section 101 of Pub. L. 105-304, set out as a Short Title of 1998 
Amendments note below], this title and the amendments made by this title 
shall take effect on the date of the enactment of this Act [Oct. 28, 
1998].
    ``(b) Amendments Relating to Certain International Agreements.--(1) 
The following shall take effect upon the entry into force of the WIPO 
Copyright Treaty with respect to the United States:
        ``(A) Paragraph (5) of the definition of `international 
    agreement' contained in section 101 of title 17, United States Code, 
    as amended by section 102(a)(4) of this Act.
        ``(B) The amendment made by section 102(a)(6) of this Act 
    [amending this section].
        ``(C) Subparagraph (C) of section 104A(h)(1) of title 17, United 
    States Code, as amended by section 102(c)(1) of this Act.
        ``(D) Subparagraph (C) of section 104A(h)(3) of title 17, United 
    States Code, as amended by section 102(c)(2) of this Act.
    ``(2) The following shall take effect upon the entry into force of 
the WIPO Performances and Phonograms Treaty with respect to the United 
States:
        ``(A) Paragraph (6) of the definition of `international 
    agreement' contained in section 101 of title 17, United States Code, 
    as amended by section 102(a)(4) of this Act.
        ``(B) The amendment made by section 102(a)(7) of this Act 
    [amending this section].
        ``(C) The amendment made by section 102(b)(2) of this Act 
    [amending section 104 of this title].
        ``(D) Subparagraph (D) of section 104A(h)(1) of title 17, United 
    States Code, as amended by section 102(c)(1) of this Act.
        ``(E) Subparagraph (D) of section 104A(h)(3) of title 17, United 
    States Code, as amended by section 102(c)(2) of this Act.
        ``(F) The amendments made by section 102(c)(3) of this Act 
    [amending section 104A of this title].''
    Pub. L. 105-298, title II, Sec. 207, Oct. 27, 1998, 112 Stat. 2834, 
provided that: ``This title [enacting section 512 of this title, 
amending this section and sections 110 and 504 of this title, and 
enacting provisions set out as notes under this section] and the 
amendments made by this title shall take effect 90 days after the date 
of the enactment of this Act [Oct. 27, 1998].''


                    Effective Date of 1995 Amendment

    Section 6 of Pub. L. 104-39 provided that: ``This Act [see Short 
Title of 1995 Amendment note below] and the amendments made by this Act 
shall take effect 3 months after the date of enactment of this Act [Nov. 
1, 1995], except that the provisions of sections 114(e) and 114(f) of 
title 17, United States Code (as added by section 3 of this Act) shall 
take effect immediately upon the date of enactment of this Act.''


                    Effective Date of 1992 Amendment

    Section 102(g) of Pub. L. 102-307, as amended by Pub. L. 105-298, 
title I, Sec. 102(d)(2)(B), Oct. 27, 1998, 112 Stat. 2828, provided 
that:
    ``(1) Subject to paragraphs (2) and (3), this section [amending this 
section and sections 304, 408, 409, and 708 of this title and enacting 
provisions set out as a note under section 304 of this title] and the 
amendments made by this section shall take effect on the date of the 
enactment of this Act [June 26, 1992].
    ``(2) The amendments made by this section shall apply only to those 
copyrights secured between January 1, 1964, and December 31, 1977. 
Copyrights secured before January 1, 1964, shall be governed by the 
provisions of section 304(a) of title 17, United States Code, as in 
effect on the day before the effective date of this section [June 26, 
1992], except each reference to forty-seven years in such provisions 
shall be deemed to be 67 years.
    ``(3) This section and the amendments made by this section shall not 
affect any court proceedings pending on the effective date of this 
section.''


                    Effective Date of 1990 Amendment

    Amendment by section 602 of Pub. L. 101-650 effective 6 months after 
Dec. 1, 1990, see section 610 of Pub. L. 101-650, set out as an 
Effective Date note under section 106A of this title.
    Section 706 of title VII of Pub. L. 101-650 provided that: ``The 
amendments made by this title [enacting section 120 of this title and 
amending this section and sections 102, 106, and 301 of this title], 
apply to--
        ``(1) any architectural work created on or after the date of the 
    enactment of this Act [Dec. 1, 1990]; and
        ``(2) any architectural work that, on the date of the enactment 
    of this Act, is unconstructed and embodied in unpublished plans or 
    drawings, except that protection for such architectural work under 
    title 17, United States Code, by virtue of the amendments made by 
    this title, shall terminate on December 31, 2002, unless the work is 
    constructed by that date.''


                    Effective Date of 1988 Amendment

    Section 13 of Pub. L. 100-568 provided that:
    ``(a) Effective Date.--This Act and the amendments made by this Act 
[enacting section 116A of this title, amending this section and sections 
104, 116, 205, 301, 401 to 408, 411, 501, 504, 801, and 804 of this 
title, and enacting provisions set out as notes under this section] take 
effect on the date on which the Berne Convention (as defined in section 
101 of title 17, United States Code) enters into force with respect to 
the United States [Mar. 1, 1989]. [The Berne Convention entered into 
force with respect to the United States on Mar. 1, 1989.]
    ``(b) Effect on Pending Cases.--Any cause of action arising under 
title 17, United States Code, before the effective date of this Act 
shall be governed by the provisions of such title as in effect when the 
cause of action arose.''


                      Short Title of 2000 Amendment

    Pub. L. 106-379, Sec. 1, Oct. 27, 2000, 114 Stat. 1444, provided 
that: ``This Act [amending this section and sections 121, 705, and 708 
of this title, repealing section 710 of this title, and enacting 
provisions set out as notes under this section and section 708 of this 
title] may be cited as the `Work Made For Hire and Copyright Corrections 
Act of 2000'.''


                     Short Title of 1999 Amendments

    Pub. L. 106-160, Sec. 1, Dec. 9, 1999, 113 Stat. 1774, provided 
that: ``This Act [amending section 504 of this title and enacting 
provisions set out as notes under section 504 of this title and section 
994 of Title 28, Judiciary and Judicial Procedure] may be cited as the 
`Digital Theft Deterrence and Copyright Damages Improvement Act of 
1999'.''
    Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title I, Sec. 1001], Nov. 
29, 1999, 113 Stat. 1536, 1501A-523, provided that: ``This title 
[enacting section 122 of this title and sections 338 and 339 of Title 
47, Telegraphs, Telephones, and Radiotelegraphs, amending this section, 
sections 111, 119, 501, and 510 of this title, and section 325 of Title 
47, enacting provisions set out as notes under this section and section 
325 of Title 47, and amending provisions set out as a note under section 
119 of this title] may be cited as the `Satellite Home Viewer 
Improvement Act of 1999'.''


                     Short Title of 1998 Amendments

    Pub. L. 105-304, Sec. 1, Oct. 28, 1998, 112 Stat. 2860, provided 
that: ``This Act [enacting section 512 and chapters 12 and 13 of this 
title and section 4001 of Title 28, Judiciary and Judicial Procedure, 
amending this section, sections 104, 104A, 108, 112, 114, 117, 411, 507, 
701, and 801 to 803 of this title, section 5314 of Title 5, Government 
Organization and Employees, sections 1338, 1400, and 1498 of Title 28, 
and section 3 of Title 35, Patents, and enacting provisions set out as 
notes under this section and sections 108, 109, 112, 114, 512, and 1301 
of this title] may be cited as the `Digital Millennium Copyright Act'.''
    Pub. L. 105-304, title I, Sec. 101, Oct. 28, 1998, 112 Stat. 2861, 
provided that: ``This title [enacting chapter 12 of this title, amending 
this section and sections 104, 104A, 411, and 507 of this title, and 
enacting provisions set out as notes under this section and section 109 
of this title] may be cited as the `WIPO Copyright and Performances and 
Phonograms Treaties Implementation Act of 1998'.''
    Pub. L. 105-304, title II, Sec. 201, Oct. 28, 1998, 112 Stat. 2877, 
provided that: ``This title [enacting section 512 of this title and 
provisions set out as a note under section 512 of this title] may be 
cited as the `Online Copyright Infringement Liability Limitation Act'.''
    Pub. L. 105-304, title III, Sec. 301, Oct. 28, 1998, 112 Stat. 2886, 
provided that: ``This title [amending section 117 of this title] may be 
cited as the `Computer Maintenance Competition Assurance Act'.''
    Pub. L. 105-304, title V, Sec. 501, Oct. 28, 1998, 112 Stat. 2905, 
provided that: ``This Act [probably means ``this title'', enacting 
chapter 13 of this title and amending sections 1338, 1400, and 1498 of 
Title 28, Judiciary and Judicial Procedure] may be referred to as the 
`Vessel Hull Design Protection Act'.''
    Pub. L. 105-298, title I, Sec. 101, Oct. 27, 1998, 112 Stat. 2827, 
provided that: ``This title [amending sections 108, 203, and 301 to 304 
of this title, enacting provisions set out as a note under section 108 
of this title, and amending provisions set out as notes under this 
section and section 304 of this title] may be referred to as the `Sonny 
Bono Copyright Term Extension Act'.''
    Pub. L. 105-298, title II, Sec. 201, Oct. 27, 1998, 112 Stat. 2830, 
provided that: ``This title [enacting section 512 of this title, 
amending this section and sections 110 and 504 of this title, and 
enacting provisions set out as notes under this section] may be cited as 
the `Fairness In Music Licensing Act of 1998'.''


                      Short Title of 1995 Amendment

    Section 1 of Pub. L. 104-39 provided that: ``This Act [amending this 
section and sections 106, 111, 114, 115, 119, and 801 to 803 of this 
title and enacting provisions set out as a note above] may be cited as 
the `Digital Performance Right in Sound Recordings Act of 1995'.''


                      Short Title of 1994 Amendment

    Pub. L. 103-369, Sec. 1, Oct. 18, 1994, 108 Stat. 3477, provided 
that: ``This Act [amending sections 111 and 119 of this title and 
enacting and repealing provisions set out as notes under section 119 of 
this title] may be cited as the `Satellite Home Viewer Act of 1994'.''


                      Short Title of 1993 Amendment

    Pub. L. 103-198, Sec. 1, Dec. 17, 1993, 107 Stat. 2304, provided 
that: ``This Act [amending sections 111, 116, 118, 119, 801 to 803, 1004 
to 1007, and 1010 of this title and section 1288 of Title 8, Aliens and 
Nationality, renumbering sections 116A and 804 of this title as sections 
116 and 803, respectively, of this title, repealing sections 116, 803, 
and 805 to 810 of this title, and enacting provisions set out as notes 
under section 801 of this title and section 1288 of Title 8] may be 
cited as the `Copyright Royalty Tribunal Reform Act of 1993'.''


                     Short Title of 1992 Amendments

    Pub. L. 102-563, Sec. 1, Oct. 28, 1992, 106 Stat. 4237, provided 
that: ``This Act [enacting chapter 10 of this title, amending this 
section, sections 801, 804, and 912 of this title, and section 1337 of 
Title 19, Customs Duties, and enacting provisions set out as a note 
under section 1001 of this title] may be cited as the `Audio Home 
Recording Act of 1992'.''
    Section 1 of Pub. L. 102-307 provided that: ``This Act [enacting 
sections 179 to 179k of Title 2, The Congress, amending this section and 
sections 108, 304, 408, 409, and 708 of this title, repealing sections 
178 to 178l of Title 2, enacting provisions set out as notes under this 
section, section 304 of this title, and section 179 of Title 2, and 
repealing provisions set out as a note under section 178 of Title 2] may 
be cited as the `Copyright Amendments Act of 1992'.''
    Section 101 of title I of Pub. L. 102-307 provided that: ``This 
title [amending this section and sections 304, 408, 409, and 708 of this 
title and enacting provisions set out as notes under this section and 
section 304 of this title] may be referred to as the `Copyright Renewal 
Act of 1992'.''


                      Short Title of 1991 Amendment

    Pub. L. 102-64, Sec. 1, June 28, 1991, 105 Stat. 320, provided that: 
``This Act [amending section 914 of this title and enacting provisions 
set out as a note under section 914 of this title] may be cited as the 
`Semiconductor International Protection Extension Act of 1991'.''


                     Short Title of 1990 Amendments

    Section 601 of title VI of Pub. L. 101-650 provided that: ``This 
title [enacting section 106A of this title, amending this section and 
sections 107, 113, 301, 411, 412, 501, and 506 of this title, and 
enacting provisions set out as notes under this section and section 106A 
of this title] may be cited as the `Visual Artists Rights Act of 
1990'.''
    Section 701 of title VII of Pub. L. 101-650 provided that: ``This 
title [enacting section 120 of this title, amending this section and 
sections 102, 106, and 301 of this title, and enacting provisions set 
out as a note above] may be cited as the `Architectural Works Copyright 
Protection Act'.''
    Section 801 of title VIII of Pub. L. 101-650 provided that: ``This 
title [amending section 109 of this title and enacting provisions set 
out as notes under sections 109 and 205 of this title] may be cited as 
the `Computer Software Rental Amendments Act of 1990'.''
    Pub. L. 101-553, Sec. 1, Nov. 15, 1990, 104 Stat. 2749, provided 
that: ``This Act [enacting section 511 of this title, amending sections 
501, 910, and 911 of this title, and enacting provisions set out as a 
note under section 501 of this title] may be cited as the `Copyright 
Remedy Clarification Act'.''
    Pub. L. 101-319, Sec. 1, July 3, 1990, 104 Stat. 290, provided that: 
``This Act [amending sections 701 and 802 of this title and sections 
5315 and 5316 of Title 5, Government Organization and Employees, and 
enacting provisions set out as a note under section 701 of this title] 
may be cited as the `Copyright Royalty Tribunal Reform and Miscellaneous 
Pay Act of 1989'.''
    Pub. L. 101-318, Sec. 1, July 3, 1990, 104 Stat. 287, provided that: 
``This Act [amending sections 106, 111, 704, 708, 801, and 804 of this 
title and enacting provisions set out as notes under sections 106, 111, 
708, and 804 of this title] may be cited as the `Copyright Fees and 
Technical Amendments Act of 1989'.''


                     Short Title of 1988 Amendments

    Pub. L. 100-667, title II, Sec. 201, Nov. 16, 1988, 102 Stat. 3949, 
provided that: ``This title [enacting section 119 of this title and 
sections 612 and 613 of Title 47, Telegraphs, Telephones, and 
Radiotelegraphs, amending sections 111, 501, 801, and 804 of this title 
and section 605 of Title 47, and enacting provisions set out as notes 
under section 119 of this title] may be cited as the `Satellite Home 
Viewer Act of 1988'.'' [Section ceases to be effective Dec. 31, 1994, 
see section 207 of Pub. L. 100-667, set out as an Effective and 
Termination Dates note under section 119 of this title.]
    Section 1(a) of Pub. L. 100-568 provided that: ``This Act [enacting 
section 116A of this title, amending this section and sections 104, 116, 
205, 301, 401 to 408, 411, 501, 504, 801, and 804 of this title, and 
enacting provisions set out as notes under this section] may be cited as 
the `Berne Convention Implementation Act of 1988'.''


                     Short Title of 1984 Amendments

    Pub. L. 98-620, title III, Sec. 301, Nov. 8, 1984, 98 Stat. 3347, 
provided that: ``This title [enacting chapter 9 of this title] may be 
cited as the `Semiconductor Chip Protection Act of 1984'.''
    Pub. L. 98-450, Sec. 1, Oct. 4, 1984, 98 Stat. 1727, provided that: 
``This Act [amending sections 109 and 115 of this title and enacting 
provisions set out as a note under section 109 of this title] may be 
cited as the `Record Rental Amendment of 1984'.''


                              Severability

    Pub. L. 106-379, Sec. 2(b)(2), Oct. 27, 2000, 114 Stat. 1444, 
provided that: ``If the provisions of paragraph (1) [see Effective Date 
of 2000 Amendment note above], or any application of such provisions to 
any person or circumstance, is held to be invalid, the remainder of this 
section [amending this section and enacting provisions set out as a note 
above], the amendments made by this section, and the application of this 
section to any other person or circumstance shall not be affected by 
such invalidation.''


                     Construction of 1998 Amendment

    Pub. L. 105-298, title II, Sec. 206, Oct. 27, 1998, 112 Stat. 2834, 
provided that: ``Except as otherwise provided in this title [enacting 
section 512 of this title, amending this section and sections 110 and 
504 of this title, and enacting provisions set out as notes under this 
section], nothing in this title shall be construed to relieve any 
performing rights society of any obligation under any State or local 
statute, ordinance, or law, or consent decree or other court order 
governing its operation, as such statute, ordinance, law, decree, or 
order is in effect on the date of the enactment of this Act [Oct. 27, 
1998], as it may be amended after such date, or as it may be issued or 
agreed to after such date.''


                       First Amendment Application

    Section 609 of title VI of Pub. L. 101-650 provided that: ``This 
title [see Short Title of 1990 Amendments note above] does not authorize 
any governmental entity to take any action or enforce restrictions 
prohibited by the First Amendment to the United States Constitution.''


              Berne Convention; Congressional Declarations

    Section 2 of Pub. L. 100-568 provided that: ``The Congress makes the 
following declarations:
        ``(1) The Convention for the Protection of Literary and Artistic 
    Works, signed at Berne, Switzerland, on September 9, 1886, and all 
    acts, protocols, and revisions thereto (hereafter in this Act [see 
    Short Title of 1988 Amendment note above] referred to as the `Berne 
    Convention') are not self-executing under the Constitution and laws 
    of the United States.
        ``(2) The obligations of the United States under the Berne 
    Convention may be performed only pursuant to appropriate domestic 
    law.
        ``(3) The amendments made by this Act, together with the law as 
    it exists on the date of the enactment of this Act [Oct. 31, 1988], 
    satisfy the obligations of the United States in adhering to the 
    Berne Convention and no further rights or interests shall be 
    recognized or created for that purpose.''


                     Berne Convention; Construction

    Section 3 of Pub. L. 100-568 provided that:
    ``(a) Relationship With Domestic Law.--The provisions of the Berne 
Convention--
        ``(1) shall be given effect under title 17, as amended by this 
    Act [see Short Title of 1988 Amendment note above], and any other 
    relevant provision of Federal or State law, including the common 
    law; and
        ``(2) shall not be enforceable in any action brought pursuant to 
    the provisions of the Berne Convention itself.
    ``(b) Certain Rights Not Affected.--The provisions of the Berne 
Convention, the adherence of the United States thereto, and satisfaction 
of United States obligations thereunder, do not expand or reduce any 
right of an author of a work, whether claimed under Federal, State, or 
the common law--
        ``(1) to claim authorship of the work; or
        ``(2) to object to any distortion, mutilation, or other 
    modification of, or other derogatory action in relation to, the 
    work, that would prejudice the author's honor or reputation.''


           Works in Public Domain Without Copyright Protection

    Section 12 of Pub. L. 100-568 provided that: ``Title 17, United 
States Code, as amended by this Act [see Short Title of 1988 Amendment 
note above], does not provide copyright protection for any work that is 
in the public domain in the United States.''


                               Definitions

    Pub. L. 103-465, title V, Sec. 501, Dec. 8, 1994, 108 Stat. 4973, 
provided that: ``For purposes of this title [enacting section 1101 of 
this title and section 2319A of Title 18, Crimes and Criminal Procedure, 
amending sections 104A and 109 of this title, sections 1052 and 1127 of 
Title 15, Commerce and Trade, and sections 41, 104, 111, 119, 154, 156, 
172, 173, 252, 262, 271, 272, 287, 292, 295, 307, 365, and 373 of Title 
35, Patents, enacting provisions set out as notes under section 1052 of 
Title 15 and sections 104 and 154 of Title 35, and amending provisions 
set out as a note under section 109 of this title]--
        ``(1) the term `WTO Agreement' has the meaning given that term 
    in section 2(9) of the Uruguay Round Agreements Act [19 U.S.C. 
    3501(9)]; and
        ``(2) the term `WTO member country' has the meaning given that 
    term in section 2(10) of the Uruguay Round Agreements Act.''

                  Section Referred to in Other Sections

    This section is referred to in sections 106A, 114 of this title; 
title 2 sections 179u, 1741; title 15 section 1129; title 18 sections 
2318, 2319; title 28 section 4001.
