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4) Repeated violations. - In any case in which the injured party sustains the burden of proving, and the court finds, that a person has violated section 1201 or 1202 within 3 years after a final judgment was entered against the person for another such violation, the court may increase the award of damages up to triple the amount that would otherwise be awarded, as the court considers just. (5) Innocent violations. - (A) In general. - The court in its discretion may reduce or remit the total award of damages in any case in which the violator sustains the burden of proving, and the court finds, that the violator was not aware and had no reason to believe that its acts constituted a violation. (B) Nonprofit library, archives, educational institutions, or public broadcasting entities. - (i) Definition. - In this subparagraph, the term "public broadcasting entity" has the meaning given such term under section 118(g). (ii) In general. - In the case of a nonprofit library, archives, educational institution, or public broadcasting entity, the court shall remit damages in any case in which the library, archives, educational institution, or public broadcasting entity sustains the burden of proving, and the court finds, that the library, archives, educational institution, or public broadcasting entity was not aware and had no reason to believe that its acts constituted a violation. -SOURCE- (Added Pub. L. 105-304, title I, Sec. 103(a), Oct. 28, 1998, 112 Stat. 2874; amended Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title V, Sec. 5004(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A-593.) -MISC1- AMENDMENTS 1999 - Subsec. (c)(5)(B). Pub. L. 106-113 amended heading and text of subpar. (B) generally. Prior to amendment, text read as follows: "In the case of a nonprofit library, archives, or educational institution, the court shall remit damages in any case in which the library, archives, or educational institution sustains the burden of proving, and the court finds, that the library, archives, or educational institution was not aware and had no reason to believe that its acts constituted a violation." -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1201, 1202 of this title. -End- -CITE- 17 USC Sec. 1204 01/19/04 -EXPCITE- TITLE 17 - COPYRIGHTS CHAPTER 12 - COPYRIGHT PROTECTION AND MANAGEMENT SYSTEMS -HEAD- Sec. 1204. Criminal offenses and penalties -STATUTE- (a) In General. - Any person who violates section 1201 or 1202 willfully and for purposes of commercial advantage or private financial gain - (1) shall be fined not more than $500,000 or imprisoned for not more than 5 years, or both, for the first offense; and (2) shall be fined not more than $1,000,000 or imprisoned for not more than 10 years, or both, for any subsequent offense. (b) Limitation for Nonprofit Library, Archives, Educational Institution, or Public Broadcasting Entity. - Subsection (a) shall not apply to a nonprofit library, archives, educational institution, or public broadcasting entity (as defined under section 118(g). (c) Statute of Limitations. - No criminal proceeding shall be brought under this section unless such proceeding is commenced within 5 years after the cause of action arose. -SOURCE- (Added Pub. L. 105-304, title I, Sec. 103(a), Oct. 28, 1998, 112 Stat. 2876; amended Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title V, Sec. 5004(b)], Nov. 29, 1999, 113 Stat. 1536, 1501A-593.) -MISC1- AMENDMENTS 1999 - Subsec. (b). Pub. L. 106-113 amended heading and text of subsec. (b) generally. Prior to amendment, text read as follows: "Subsection (a) shall not apply to a nonprofit library, archives, or educational institution." -End- -CITE- 17 USC Sec. 1205 01/19/04 -EXPCITE- TITLE 17 - COPYRIGHTS CHAPTER 12 - COPYRIGHT PROTECTION AND MANAGEMENT SYSTEMS -HEAD- Sec. 1205. Savings clause -STATUTE- Nothing in this chapter abrogates, diminishes, or weakens the provisions of, nor provides any defense or element of mitigation in a criminal prosecution or civil action under, any Federal or State law that prevents the violation of the privacy of an individual in connection with the individual's use of the Internet. -SOURCE- (Added Pub. L. 105-304, title I, Sec. 103(a), Oct. 28, 1998, 112 Stat. 2876.) -End- -CITE- 17 USC CHAPTER 13 - PROTECTION OF ORIGINAL DESIGNS 01/19/04 -EXPCITE- TITLE 17 - COPYRIGHTS CHAPTER 13 - PROTECTION OF ORIGINAL DESIGNS -HEAD- CHAPTER 13 - PROTECTION OF ORIGINAL DESIGNS -MISC1- Sec. 1301. Designs protected. 1302. Designs not subject to protection. 1303. Revisions, adaptations, and rearrangements. 1304. Commencement of protection. 1305. Term of protection. 1306. Design notice. 1307. Effect of omission of notice. 1308. Exclusive rights. 1309. Infringement. 1310. Application for registration. 1311. Benefit of earlier filing date in foreign country. 1312. Oaths and acknowledgments. 1313. Examination of application and issue or refusal of registration. 1314. Certification of registration. 1315. Publication of announcements and indexes. 1316. Fees. 1317. Regulations. 1318. Copies of records. 1319. Correction of errors in certificates. 1320. Ownership and transfer. 1321. Remedy for infringement. 1322. Injunctions. 1323. Recovery for infringement. 1324. Power of court over registration. 1325. Liability for action on registration fraudulently obtained. 1326. Penalty for false marking. 1327. Penalty for false representation. 1328. Enforcement by Treasury and Postal Service. 1329. Relation to design patent law. 1330. Common law and other rights unaffected. 1331. Administrator; Office of the Administrator. 1332. No retroactive effect. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 19 section 1337; title 28 sections 1338, 1498. -End- -CITE- 17 USC Sec. 1301 01/19/04 -EXPCITE- TITLE 17 - COPYRIGHTS CHAPTER 13 - PROTECTION OF ORIGINAL DESIGNS -HEAD- Sec. 1301. Designs protected -STATUTE- (a) Designs Protected. - (1) In general. - The designer or other owner of an original design of a useful article which makes the article attractive or distinctive in appearance to the purchasing or using public may secure the protection provided by this chapter upon complying with and subject to this chapter. (2) Vessel hulls. - The design of a vessel hull, including a plug or mold, is subject to protection under this chapter, notwithstanding section 1302(4). (b) Definitions. - For the purpose of this chapter, the following terms have the following meanings: (1) A design is "original" if it is the result of the designer's creative endeavor that provides a distinguishable variation over prior work pertaining to similar articles which is more than merely trivial and has not been copied from another source. (2) A "useful article" is a vessel hull, including a plug or mold, which in normal use has an intrinsic utilitarian function that is not merely to portray the appearance of the article or to convey information. An article which normally is part of a useful article shall be deemed to be a useful article. (3) A "vessel" is a craft - (A) that is designed and capable of independently steering a course on or through water through its own means of propulsion; and (B) that is designed and capable of carrying and transporting one or more passengers. (4) A "hull" is the frame or body of a vessel, including the deck of a vessel, exclusive of masts, sails, yards, and rigging. (5) A "plug" means a device or model used to make a mold for the purpose of exact duplication, regardless of whether the device or model has an intrinsic utilitarian function that is not only to portray the appearance of the product or to convey information. (6) A "mold" means a matrix or form in which a substance for material is used, regardless of whether the matrix or form has an intrinsic utilitarian function that is not only to portray the appearance of the product or to convey information. -SOURCE- (Added Pub. L. 105-304, title V, Sec. 502, Oct. 28, 1998, 112 Stat. 2905; amended Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title V, Sec. 5005(a)(3)], Nov. 29, 1999, 113 Stat. 1536, 1501A-593.) -MISC1- AMENDMENTS 1999 - Subsec. (b)(3). Pub. L. 106-113 amended par. (3) generally. Prior to amendment, par. (3) read as follows: "A 'vessel' is a craft, especially one larger than a rowboat, designed to navigate on water, but does not include any such craft that exceeds 200 feet in length." EFFECTIVE DATE Pub. L. 105-304, title V, Sec. 505, Oct. 28, 1998, 112 Stat. 2918, as amended by Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title V, Sec. 5005(a)(2)], Nov. 29, 1999, 113 Stat. 1536, 1501A-593, provided that: "The amendments made by sections 502 and 503 [enacting this chapter and amending sections 1338, 1400, and 1498 of Title 28, Judiciary and Judicial Procedure] shall take effect on the date of the enactment of this Act [Oct. 28, 1998]." JOINT STUDY OF EFFECT OF THIS CHAPTER Pub. L. 105-304, title V, Sec. 504, Oct. 28, 1998, 112 Stat. 2917, as amended by Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, Sec. 4741(b)(1), title V, Sec. 5005(a)(1)], Nov. 29, 1999, 113 Stat. 1536, 1501A-586, 1501A-593, provided that: "(a) In General. - Not later than November 1, 2003, the Register of Copyrights and the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office shall submit to the Committees on the Judiciary of the Senate and the House of Representatives a joint report evaluating the effect of the amendments made by this title [enacting this chapter and amending sections 1338, 1400, and 1498 of Title 28, Judiciary and Judicial Procedure]. "(b) Elements for Consideration. - In carrying out subsection (a), the Register of Copyrights and the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office shall consider - "(1) the extent to which the amendments made by this title has been effective in suppressing infringement of the design of vessel hulls; "(2) the extent to which the registration provided for in chapter 13 of title 17, United States Code, as added by this title, has been utilized; "(3) the extent to which the creation of new designs of vessel hulls have been encouraged by the amendments made by this title; "(4) the effect, if any, of the amendments made by this title on the price of vessels with hulls protected under such amendments; and "(5) such other considerations as the Register and the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office may deem relevant to accomplish the purposes of the evaluation conducted under subsection (a)." -End- -CITE- 17 USC Sec. 1302 01/19/04 -EXPCITE- TITLE 17 - COPYRIGHTS CHAPTER 13 - PROTECTION OF ORIGINAL DESIGNS -HEAD- Sec. 1302. Designs not subject to protection -STATUTE- Protection under this chapter shall not be available for a design that is - (1) not original; (2) staple or commonplace, such as a standard geometric figure, a familiar symbol, an emblem, or a motif, or another shape, pattern, or configuration which has become standard, common, prevalent, or ordinary; (3) different from a design excluded by paragraph (2) only in insignificant details or in elements which are variants commonly used in the relevant trades; (4) dictated solely by a utilitarian function of the article that embodies it; or (5) embodied in a useful article that was made public by the designer or owner in the United States or a foreign country more than 2 years before the date of the application for registration under this chapter. -SOURCE- (Added Pub. L. 105-304, title V, Sec. 502, Oct. 28, 1998, 112 Stat. 2906; amended Pub. L. 106-44, Sec. 1(f)(1), Aug. 5, 1999, 113 Stat. 222.) -MISC1- AMENDMENTS 1999 - Par. (5). Pub. L. 106-44 substituted "2 years" for "1 year". -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1301, 1303 of this title. -End- -CITE- 17 USC Sec. 1303 01/19/04 -EXPCITE- TITLE 17 - COPYRIGHTS CHAPTER 13 - PROTECTION OF ORIGINAL DESIGNS -HEAD- Sec. 1303. Revisions, adaptations, and rearrangements -STATUTE- Protection for a design under this chapter shall be available notwithstanding the employment in the design of subject matter excluded from protection under section 1302 if the design is a substantial revision, adaptation, or rearrangement of such subject matter. Such protection shall be independent of any subsisting protection in subject matter employed in the design, and shall not be construed as securing any right to subject matter excluded from protection under this chapter or as extending any subsisting protection under this chapter. -SOURCE- (Added Pub. L. 105-304, title V, Sec. 502, Oct. 28, 1998, 112 Stat. 2906.) -End- -CITE- 17 USC Sec. 1304 01/19/04 -EXPCITE- TITLE 17 - COPYRIGHTS CHAPTER 13 - PROTECTION OF ORIGINAL DESIGNS -HEAD- Sec. 1304. Commencement of protection -STATUTE- The protection provided for a design under this chapter shall commence upon the earlier of the date of publication of the registration under section 1313(a) or the date the design is first made public as defined by section 1310(b). -SOURCE- (Added Pub. L. 105-304, title V, Sec. 502, Oct. 28, 1998, 112 Stat. 2907.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1305 of this title. -End- -CITE- 17 USC Sec. 1305 01/19/04 -EXPCITE- TITLE 17 - COPYRIGHTS CHAPTER 13 - PROTECTION OF ORIGINAL DESIGNS -HEAD- Sec. 1305. Term of protection -STATUTE- (a) In General. - Subject to subsection (b), the protection provided under this chapter for a design shall continue for a term of 10 years beginning on the date of the commencement of protection under section 1304. (b) Expiration. - All terms of protection provided in this section shall run to the end of the calendar year in which they would otherwise expire. (c) Termination of Rights. - Upon expiration or termination of protection in a particular design under this chapter, all rights under this chapter in the design shall terminate, regardless of the number of different articles in which the design may have been used during the term of its protection. -SOURCE- (Added Pub. L. 105-304, title V, Sec. 502, Oct. 28, 1998, 112 Stat. 2907.) -End- -CITE- 17 USC Sec. 1306 01/19/04 -EXPCITE- TITLE 17 - COPYRIGHTS CHAPTER 13 - PROTECTION OF ORIGINAL DESIGNS -HEAD- Sec. 1306. Design notice -STATUTE- (a) Contents of Design Notice. - (1) Whenever any design for which protection is sought under this chapter is made public under section 1310(b), the owner of the design shall, subject to the provisions of section 1307, mark it or have it marked legibly with a design notice consisting of - (A) the words "Protected Design", the abbreviation "Prot'd Des.", or the letter "D" with a circle, or the symbol "*D*"; (B) the year of the date on which protection for the design commenced; and (C) the name of the owner, an abbreviation by which the name can be recognized, or a generally accepted alternative designation of the owner. Any distinctive identification of the owner may be used for purposes of subparagraph (C) if it has been recorded by the Administrator before the design marked with such identification is registered. (2) After registration, the registration number may be used instead of the elements specified in subparagraphs (B) and (C) of paragraph (1). (b) Location of Notice. - The design notice shall be so located and applied as to give reasonable notice of design protection while the useful article embodying the design is passing through its normal channels of commerce. (c) Subsequent Removal of Notice. - When the owner of a design has complied with the provisions of this section, protection under this chapter shall not be affected by the removal, destruction, or obliteration by others of the design notice on an article. -SOURCE- (Added Pub. L. 105-304, title V, Sec. 502, Oct. 28, 1998, 112 Stat. 2907.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1307, 1310, 1326 of this title. -End- -CITE- 17 USC Sec. 1307 01/19/04 -EXPCITE- TITLE 17 - COPYRIGHTS CHAPTER 13 - PROTECTION OF ORIGINAL DESIGNS -HEAD- Sec. 1307. Effect of omission of notice -STATUTE- (a) Actions With Notice. - Except as provided in subsection (b), the omission of the notice prescribed in section 1306 shall not cause loss of the protection under this chapter or prevent recovery for infringement under this chapter against any person who, after receiving written notice of the design protection, begins an undertaking leading to infringement under this chapter. (b) Actions Without Notice. - The omission of the notice prescribed in section 1306 shall prevent any recovery under section 1323 against a person who began an undertaking leading to infringement under this chapter before receiving written notice of the design protection. No injunction shall be issued under this chapter with respect to such undertaking unless the owner of the design reimburses that person for any reasonable expenditure or contractual obligation in connection with such undertaking that was incurred before receiving written notice of the design protection, as the court in its discretion directs. The burden of providing written notice of design protection shall be on the owner of the design. -SOURCE- (Added Pub. L. 105-304, title V, Sec. 502, Oct. 28, 1998, 112 Stat. 2907.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1306 of this title. -End- -CITE- 17 USC Sec. 1308 01/19/04 -EXPCITE- TITLE 17 - COPYRIGHTS CHAPTER 13 - PROTECTION OF ORIGINAL DESIGNS -HEAD- Sec. 1308. Exclusive rights -STATUTE- The owner of a design protected under this chapter has the exclusive right to - (1) make, have made, or import, for sale or for use in trade, any useful article embodying that design; and (2) sell or distribute for sale or for use in trade any useful article embodying that design. -SOURCE- (Added Pub. L. 105-304, title V, Sec. 502, Oct. 28, 1998, 112 Stat. 2908.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1328 of this title. -End- -CITE- 17 USC Sec. 1309 01/19/04 -EXPCITE- TITLE 17 - COPYRIGHTS CHAPTER 13 - PROTECTION OF ORIGINAL DESIGNS -HEAD- Sec. 1309. Infringement -STATUTE- (a) Acts of Infringement. - Except as provided in subsection (b), it shall be infringement of the exclusive rights in a design protected under this chapter for any person, without the consent of the owner of the design, within the United States and during the term of such protection, to - (1) make, have made, or import, for sale or for use in trade, any infringing article as defined in subsection (e); or (2) sell or distribute for sale or for use in trade any such infringing article. (b) Acts of Sellers and Distributors. - A seller or distributor of an infringing article who did not make or import the article shall be deemed to have infringed on a design protected under this chapter only if that person - (1) induced or acted in collusion with a manufacturer to make, or an importer to import such article, except that merely purchasing or giving an order to purchase such article in the ordinary course of business shall not of itself constitute such inducement or collusion; or (2) refused or failed, upon the request of the owner of the design, to make a prompt and full disclosure of that person's source of such article, and that person orders or reorders such article after receiving notice by registered or certified mail of the protection subsisting in the design. (c) Acts Without Knowledge. - It shall not be infringement under this section to make, have made, import, sell, or distribute, any article embodying a design which was created without knowledge that a design was protected under this chapter and was copied from such protected design. (d) Acts in Ordinary Course of Business. - A person who incorporates into that person's product of manufacture an infringing article acquired from others in the ordinary course of business, or who, without knowledge of the protected design embodied in an infringing article, makes or processes the infringing article for the account of another person in the ordinary course of business, shall not be deemed to have infringed the rights in that design under this chapter except under a condition contained in paragraph (1) or (2) of subsection (b). Accepting an order or reorder from the source of the infringing article shall be deemed ordering or reordering within the meaning of subsection (b)(2). (e) Infringing Article Defined. - As used in this section, an "infringing article" is any article the design of which has been copied from a design protected under this chapter, without the consent of the owner of the protected design. An infringing article is not an illustration or picture of a protected design in an advertisement, book, periodical, newspaper, photograph, broadcast, motion picture, or similar medium. A design shall not be deemed to have been copied from a protected design if it is original and not substantially similar in appearance to a protected design. (f) Establishing Originality. - The party to any action or proceeding under this chapter who alleges rights under this chapter in a design shall have the burden of establishing the design's originality whenever the opposing party introduces an earlier work which is identical to such design, or so similar as to make prima facie showing that such design was copied from such

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