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mendment 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1990]; and "(2) any architectural work that, on the date of the enactment of this Act, is unconstructed and embodied in unpublished plans or drawings, except that protection for such architectural work under title 17, United States Code, by virtue of the amendments made by this title, shall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 2002 AMENDMENTS Pub. L. 107-321, Sec. 1, Dec. 4, 2002, 116 Stat. 2780, provided that: "This Act [amending section 114 of this title and enacting provisions set out as notes under section 114 of this title] may be cited as the 'Small Webcaster Settlement Act of 2002'." Pub. L. 107-273, div. C, title III, Sec. 13301(a), Nov. 2, 2002, 116 Stat. 1910, provided that: "This subtitle [subtitle C (Sec. 13301) of title III of div. C of Pub. L. 107-273, amending sections 110, 112, and 802 of this title] may be cited as the 'Technology, Education, and Copyright Harmonization Act of 2002'." 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." -CROSS- 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." -SECREF- 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. -End- -CITE- 17 USC Sec. 102 01/19/04 -EXPCITE- TITLE 17 - COPYRIGHTS CHAPTER 1 - SUBJECT MATTER AND SCOPE OF COPYRIGHT -HEAD- Sec. 102. Subject matter of copyright: In general -STATUTE- (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; (7) sound recordings; and (8) architectural works. (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. -SOURCE- (Pub. L. 94-553, title I, Sec. 101, Oct. 19, 1976, 90 Stat. 2544; Pub. L. 101-650, title VII, Sec. 703, Dec. 1, 1990, 104 Stat. 5133.) -MISC1- HISTORICAL AND REVISION NOTES HOUSE REPORT NO. 94-1476 Original Works of Authorship. The two fundamental criteria of copyright protection - originality and fixation in tangible form are restated in the first sentence of this cornerstone provision. The phrase "original works or authorship," which is purposely left undefined, is intended to incorporate without change the standard of originality established by the courts under the present copyright statute. This standard does not include requirements of novelty, ingenuity, or esthetic merit, and there is no intention to enlarge the standard of copyright protection to require them. In using the phrase "original works of authorship," rather than "all the writings of an author" now in section 4 of the statute [section 4 of former title 17], the committee's purpose is to avoid exhausting the constitutional power of Congress to legislate in this field, and to eliminate the uncertainties arising from the latter phrase. Since the present statutory language is substantially the same as the empowering language of the Constitution [Const. Art. I, Sec. 8, cl. 8], a recurring question has been whether the statutory and the constitutional provisions are coextensive. If so, the courts would be faced with the alternative of holding copyrightable something that Congress clearly did not intend to protect, or of holding constitutionally incapable of copyright something that Congress might one day want to protect. To avoid these equally undesirable results, the courts have indicated that "all the writings of an author" under the present statute is narrower in scope than the "writings" of "authors" referred to in the Constitution. The bill avoids this dilemma by using a different phrase - "original works of authorship" - in characterizing the general subject matter of statutory copyright protection. The history of copyright law has been one of gradual expansion in the types of works accorded protection, and the subject matter affected by this expansion has fallen into two general categories. In the first, scientific discoveries and technological developments have made possible new forms of creative expression that never existed before. In some of these cases the new expressive forms - electronic music, filmstrips, and computer programs, for example - could be regarded as an extension of copyrightable subject matter Congress had already intended to protect, and were thus considered copyrightable from the outset without the need of new legislation. In other cases, such as photographs, sound recordings, and motion pictures, statutory enactment was deemed necessary to give them full recognition as copyrightable works. Authors are continually finding new ways of expressing themselves, but it is impossible to foresee the forms that these new expressive methods will take. The bill does not intend either to freeze the scope of copyrightable subject matter at the present stage of communications technology or to allow unlimited expansion into areas completely outside the present congressional intent. Section 102 implies neither that that subject matter is unlimited nor that new forms of expression within that general area of subject matter would necessarily be unprotected. The historic expansion of copyright has also applied to forms of expression which, although in existence for generations or centuries, have only gradually come to be recognized

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