17 USCS Sects. 101 - 810

An experimental product of the Legal Information Institute, Cornell Law School. There is no guarantee, implied or otherwise, that the data here is either accurate or complete. This is an experimental version only.

The portions of the U.S. Code appearing here are used with the permission of Lawyers Cooperative Publishing

Several provisions in the Act refer to the Berne Convention for the Protection of Literary and Artistic Works to which the U.S. now adheres.

COPYRIGHT ACT 1976, AS AMENDED

TABLE OF CHAPTERS

CHAPTER 1. SUBJECT MATTER AND SCOPE OF COPYRIGHT

CHAPTER 2. COPYRIGHT OWNERSHIP AND TRANSFER

CHAPTER 3. DURATION OF COPYRIGHT

CHAPTER 4. COPYRIGHT NOTICE, DEPOSIT, AND REGISTRATION

CHAPTER 5. COPYRIGHT INFRINGEMENT AND REMEDIES

CHAPTER 6. MANUFACTURING REQUIREMENTS AND IMPORTATION

CHAPTER 7. COPYRIGHT OFFICE

CHAPTER 8. COPYRIGHT ROYALTY TRIBUNAL

TABLE OF SECTIONS

COPYRIGHT ACT OF 1976, AS AMENDED

CHAPTER 1. SUBJECT MATTER AND SCOPE OF COPYRIGHT

Sect. 101. Definitions

Sect. 102. Subject matter of copyright: In General

Sect. 103. Subject matter of copyright: Compilations and Derivative Works

Sect. 104. Subject matter of copyright: national origin

(a) Unpublished works

(b) Published works

(c) Effect of Berne Convention

Sect. 105. Subject matter of copyright: United States Government Works

Sect. 106. Exclusive rights in copyrighted works

Sect. 106A. Rights of certain authors to attribution and integrity

(a) Rights of attribution and integrity

(b) Scope and exercise of rights

(c) Exceptions

(d) Duration of Rights

(e) Transfer and waiver

Sect. 107. Limitations on exclusive rights: fair use

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

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

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

Sect. 111. Limitations on exclusive rights: Secondary transmissions

(a) Certain secondary transmissions exempted

(b) Secondary transmission of primary transmission to controlled group

(c) Secondary transmissions by cable systems

(d) Compulsory license for secondary transmissions by cable systems

(e) Nonsimultaneous secondary transmissions by cable systems

(f) Definitions

Sect. 112. Limitations on exclusive rights: Ephemeral recordings

Sect. 113. Scope of exclusive rights in pictorial, graphic, and sculptural works

Sect. 114. Scope of exclusive rights in sound recordings

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

(a) Availability and scope of compulsory license

(b) Notice of intention to obtain compulsory license

(c) Royalty payable under compulsory license

Sect. 116. Scope of exclusive rights in nondramatic musical works: compulsory licenses for public performances by coin-operated phonorecord players

(a) Limitation on exclusive right

(b) Recordation of coin-operated phonorecord, affixation of certificate, and royalty payable under compulsory license

(c) Distribution of royalties

(d) Criminal penalties

(e) Definitions

Sect. 116A. Negotiated licenses for public performances by means of coin-operated phonorecord players

(a) Applicability of section

(b) Limitation on exclusive right if licenses not negotiated

(c) Negotiated licenses

(d) License agreements superior to Copyright Royalty Tribunal Determinations

(e) Negotiation schedule

(f) Copyright Royalty Tribunal to suspend various activities

(g) Transition provisions; retention of Copyright Royalty Tribunal Jurisdiction

Sect. 117. Limitations on exclusive rights: Computer programs

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

Sect. 119. Limitations on exclusive rights: Secondary transmissions of superstations and network stations for private home viewing

(a) Secondary transmissions by satellite carriers

(b) Statutory license for secondary transmissions for private home viewing

(c) Determination of royalty fees

(d) Definitions

(e) Exclusivity of this section with respect to secondary transmissions of broadcast stations by satellite to members of the public

Sect. 120. Scope of exclusive rights in architectural works

(a) Pictorial representations permitted

(b) Alterations to and destruction of buildings

CHAPTER 2. COPYRIGHT OWNERSHIP AND TRANSFER

Sect.201. Ownership of copyright

(a) Initial ownership

(b) Works made for hire

(c) Contributions to collective works

(d) Transfer of ownership

(e) Involuntary transfer

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

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

(a) Conditions for termination

(b) Effect of termination

Sect. 204. Execution of transfers of copyright ownership

Sect. 205. Recordation of transfers and other documents

(a) Conditions for recordation

(b) Certificate of recordation

(c) Recordation as constructive notice

(d) Priority between conflicting transfers

(e) Priority between conflicting transfer of ownership and nonexclusive license

CHAPTER 3. DURATION OF COPYRIGHT

Sect. 301. Preemption with respect to other laws

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

(a) In general

(b) Joint works

(c) Anonymous works, pseudonymous works, and works made for hire

(d) Records relating to death of authors

(e) Presumption as to author's death

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

Sect. 304. Duration of copyright: Subsisting copyrights

(a) Copyrights in their first term on January 1, 1978

(b) Copyrights in their renewal term or registered for renewal before January 1, 1978

(c) Termination of transfers and licenses covering extended renewal term

Sect. 305. Duration of copyright: Terminal date

CHAPTER 4. COPYRIGHT NOTICE, DEPOSIT, AND REGISTRATION

Sect. 401. Notice of copyright: Visually perceptible copies

(a) General provisions

(b) Form of notice

(c) Position of notice

(d) Evidentiary weight of notice

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

(a) General provisions

(b) Form of notice

(c) Position of notice

(d) Evidentiary weight of notice

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

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

Sect. 405. Notice of copyright: Omission of notice on certain copies and phonorecords

(a) Effect of omission on copyright

(b) Effect of omission on innocent infringers

(c) Removal of notice

Sect. 406. Notice of copyright: Error in name or date on certain copies

(a) Error in name

(b) Error in date

(c) Omission of name or date

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

Sect. 408. Copyright registration in general

(a) Registration permissive

(b) Deposit for copyright registration

(c) Administrative classification and optional deposit

(d) Corrections and amplifications

(e) Published edition of previously registered work

Sect. 409. Application for copyright registration

Sect. 410. Registration of claim and issuance of certificate

Sect. 411. Registration and infringement actions

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

CHAPTER 5. COPYRIGHT INFRINGEMENT AND REMEDIES

Sect. 501. Infringement of copyright

Sect. 502. Remedies for infringement: Injunctions

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

Sect. 504. Remedies for infringement: Damages and profits

(a) In general

(b) Actual damages and profits

(c) Statutory damages

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

Sect. 506. Criminal offenses

(a) Criminal infringement

(b) Forfeiture and destruction

(c) Fraudulent copyright notice

(d) Fraudulent removal of copyright notice

(e) False representation

(f) Rights of attribution and integrity

Sect. 507. Limitations on actions

(a) Criminal proceedings

(b) Civil actions

Sect. 508. Notification of filing and determination of actions

Sect. 509. Seizure and forfeiture

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

Sect. 511. Liability of States, instrumentalities of States, and State officials for infringement of copyright

(a) In General

(b) Remedies

CHAPTER 6. MANUFACTURING REQUIREMENTS AND IMPORTATION

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

Sect. 602. Infringing importation of copies or phonorecords

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

CHAPTER 7. COPYRIGHT OFFICE

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

Sect. 702. Copyright Office regulations

Sect. 703. Effective date of actions in Copyright Office

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

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

Sect. 706. Copies of Copyright Office records

Sect. 707. Copyright Office forms and publications

Sect. 708. Copyright Office fees

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

Sect. 710. Reproductions for use of the blind and physically handicapped: Voluntary licensing forms and procedures

CHAPTER 8. COPYRIGHT ROYALTY TRIBUNAL

Sect. 801. Copyright Royalty Tribunal: Establishment and purpose

Sect. 802. Membership of the Tribunal

Sect. 803. Procedures of the Tribunal

Sect. 804. Institution and conclusion of proceedings

Sect. 805. Staff of the Tribunal

Sect. 806. Administrative support of the Tribunal

Sect. 807. Deduction of costs of proceedings

Sect. 808. Reports

Sect. 809. Effective date of final determinations

Sect. 810. Judicial review