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Page 156 TITLE 17—COPYRIGHTS § 1001 CHAPTER 10 § 1001 TITLE 17—COPYRIGHTS Page 156 AMENDMENTS ‘‘(3) the World Intellectual Property Organization 1991—Subsec. (a)(1)(B). Pub. L. 102–64, § 3(1), inserted has commenced meetings to draft an international ‘‘or implementing’’ after ‘‘enacting’’. convention regarding the protection of integrated Subsec. (e). Pub. L. 102–64, § 3(2), substituted ‘‘July 1, electronic circuits; 1995’’ for ‘‘July 1, 1991’’. ‘‘(4) these bilateral and multilateral developments Subsec. (f)(2). Pub. L. 102–64, § 4, substituted ‘‘July 1, are encouraging steps toward improving inter- 1994’’ for ‘‘July 1, 1990’’. national protection of mask works in a consistent 1987—Subsec. (e). Pub. L. 100–159, § 2, substituted ‘‘on and harmonious manner; and July 1, 1991’’ for ‘‘three years after such date of enact- ‘‘(5) it is inherent in section 902 of title 17, United ment’’. States Code, that the President has the authority to Subsec. (f)(2). Pub. L. 100–159, § 4, which directed the revise, suspend, or revoke, as well as issue, proclama- amendment of subsec. (f) by inserting at end ‘‘Not later tions extending mask work protection to nationals, than July 1, 1990, the Secretary of Commerce, in con- domiciliaries, and sovereign authorities of other sultation with the Register of Copyrights, shall trans- countries, if conditions warrant. mit to the Committees on the Judiciary of the Senate ‘‘(b) PURPOSES.—The purposes of this Act [amending and the House of Representatives a report updating the this section and section 902 of this title] are— matters contained in the report transmitted under the ‘‘(1) to extend the period within which the Sec- preceding sentence.’’, was executed by inserting new retary of Commerce may grant interim protective or- language at end of par. (2) of subsec. (f) as the probable ders under section 914 of title 17, United States Code, intent of Congress. to continue this incentive for the bilateral and multi- lateral protection of mask works; and FINDINGS AND PURPOSES ‘‘(2) to codify the President’s existing authority to Section 2 of Pub. L. 102–64 provided that: revoke, suspend, or limit the protection extended to ‘‘(a) FINDINGS.—The Congress finds that— mask works of foreign entities in nations that extend ‘‘(1) section 914 of title 17, United States Code, mask work protection to United States nationals.’’ which authorizes the Secretary of Commerce to issue orders extending interim protection under chapter 9 CHAPTER 10—DIGITAL AUDIO RECORDING of title 17, United States Code, to mask works fixed DEVICES AND MEDIA in semiconductor chip products and originating in foreign countries that are making good faith efforts SUBCHAPTER A—DEFINITIONS and reasonable progress toward providing protection, Sec. by treaty or legislation, to mask works of United 1001. Definitions. States nationals, has resulted in substantial and posi- tive legislative developments in foreign countries re- SUBCHAPTER B—COPYING CONTROLS garding protection of mask works; 1002. Incorporation of copying controls. ‘‘(2) the Secretary of Commerce has determined that most of the industrialized countries of the world SUBCHAPTER C—ROYALTY PAYMENTS are eligible for orders affording interim protection 1003. Obligation to make royalty payments. under section 914 of title 17, United States Code; 1004. Royalty payments. ‘‘(3) no multilateral treaty recognizing the protec- 1005. Deposit of royalty payments and deduction of tion of mask works has come into force, nor has the expenses. United States become bound by any multilateral 1006. Entitlement to royalty payments. agreement regarding such protection; and 1007. Procedures for distributing royalty pay- ‘‘(4) bilateral and multilateral relationships regard- ments. ing the protection of mask works should be directed toward the international protection of mask works in SUBCHAPTER D—PROHIBITION ON CERTAIN IN- an effective, consistent, and harmonious manner, and FRINGEMENT ACTIONS, REMEDIES, AND ARBI- the existing bilateral authority of the Secretary of TRATION Commerce under chapter 9 of title 17, United States 1008. Prohibition on certain infringement actions. Code, should be extended to facilitate the continued 1009. Civil remedies. development of protection for mask works. 1010. Arbitration of certain disputes. ‘‘(b) PURPOSES.—The purposes of this Act [amending this section and enacting provisions set out as a note CHAPTER REFERRED TO IN OTHER SECTIONS under section 901 of this title] are— ‘‘(1) to extend the period within which the Sec- This chapter is referred to in sections 802, 912 of this retary of Commerce may grant interim protection or- title. ders under section 914 of title 17, United States Code, to continue the incentive for the bilateral and multi- SUBCHAPTER A—DEFINITIONS lateral protection of mask works; and ‘‘(2) to clarify the Secretary’s authority to issue § 1001. Definitions such interim protection orders.’’ Section 1 of Pub. L. 100–159, as amended by Pub. L. As used in this chapter, the following terms 105–80, § 12(b)(1), Nov. 13, 1997, 111 Stat. 1536, provided have the following meanings: that: (1) A ‘‘digital audio copied recording’’ is a ‘‘(a) FINDINGS.—The Congress finds that— reproduction in a digital recording format of a ‘‘(1) section 914 of title 17, United States Code, digital musical recording, whether that repro- which authorizes the Secretary of Commerce to issue orders extending interim protection under chapter 9 duction is made directly from another digital of title 17, United States Code, to mask works fixed musical recording or indirectly from a trans- in semiconductor chip products and originating in mission. foreign countries that are making good faith efforts (2) A ‘‘digital audio interface device’’ is any and reasonable progress toward providing protection, machine or device that is designed specifically by treaty or legislation, to mask works of United to communicate digital audio information and States nationals, has resulted in substantial and posi- related interface data to a digital audio re- tive legislative developments in foreign countries re- cording device through a nonprofessional garding protection of mask works; ‘‘(2) the Secretary of Commerce has determined interface. that most of the industrialized countries of the world (3) A ‘‘digital audio recording device’’ is any are eligible for orders affording interim protection machine or device of a type commonly distrib- under section 914 of title 17, United States Code; uted to individuals for use by individuals, Page 157 TITLE 17—COPYRIGHTS § 1001 whether or not included with or as part of sound recording of a musical work that has some other machine or device, the digital re- been embodied in a digital musical recording cording function of which is designed or mar- or analog musical recording lawfully made keted for the primary purpose of, and that is under this title that has been distributed; capable of, making a digital audio copied re- (B) the legal or beneficial owner of, or the cording for private use, except for— person that controls, the right to reproduce (A) professional model products, and in a digital musical recording or analog mu- (B) dictation machines, answering ma- sical recording a musical work that has been chines, and other audio recording equipment embodied in a digital musical recording or that is designed and marketed primarily for analog musical recording lawfully made the creation of sound recordings resulting under this title that has been distributed; from the fixation of nonmusical sounds. (C) a featured recording artist who per- (4)(A) A ‘‘digital audio recording medium’’ is forms on a sound recording that has been any material object in a form commonly dis- distributed; or tributed for use by individuals, that is pri- (D) any association or other organization— marily marketed or most commonly used by (i) representing persons specified in sub- consumers for the purpose of making digital paragraph (A), (B), or (C), or audio copied recordings by use of a digital (ii) engaged in licensing rights in musi- audio recording device. cal works to music users on behalf of writ- (B) Such term does not include any material ers and publishers. object— (i) that embodies a sound recording at the (8) To ‘‘manufacture’’ means to produce or time it is first distributed by the importer or assemble a product in the United States. A manufacturer; or ‘‘manufacturer’’ is a person who manufac- (ii) that is primarily marketed and most tures. commonly used by consumers either for the (9) A ‘‘music publisher’’ is a person that is purpose of making copies of motion pictures authorized to license the reproduction of a or other audiovisual works or for the pur- particular musical work in a sound recording. pose of making copies of nonmusical literary (10) A ‘‘professional model product’’ is an works, including computer programs or data audio recording device that is designed, manu- bases. factured, marketed, and intended for use by (5)(A) A ‘‘digital musical recording’’ is a ma- recording professionals in the ordinary course terial object— of a lawful business, in accordance with such (i) in which are fixed, in a digital recording requirements as the Secretary of Commerce format, only sounds, and material, state- shall establish by regulation. ments, or instructions incidental to those (11) The term ‘‘serial copying’’ means the fixed sounds, if any, and duplication in a digital format of a copy- (ii) from which the sounds and material righted musical work or sound recording from can be perceived, reproduced, or otherwise a digital reproduction
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