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Copyright Law Title 17

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Appendix A The Copyright Act of 1976of news events and, under standards and conditions that the Librarian shallQSFTDSJCFCZSFHVMBUJPO (1) to reproduce a fixation of such a program, in the same or another tan- gible form, for the purposes of preservation or security or for distribution under the conditions of clause (3) of this subsection; and (2) to compile, without abridgment or any other editing, portions of such fixations according to subject matter, and to reproduce such compilations for the purpose of clause (1) of this subsection; and (3) to distribute a reproduction made under clause (1) or (2) of this sub- TFDUJPO (A) by loan to a person engaged in research; and #GPSEFQPTJUJOBMJCSBSZPSBSDIJWFTXIJDINFFUTUIFSFRVJSFNFOUTPG section 108(a) of title 17 as amended by the first section of this Act, in either case for use only in research and not for further reproduction or performance. (c) The Librarian or any employee of the Library who is acting under the au-thority of this section shall not be liable in any action for copyright infringementcommitted by any other person unless the Librarian or such employee knowinglyparticipated in the act of infringement committed by such person. Nothing in thissection shall be construed to excuse or limit liability under title 17 as amendedby the first section of this Act for any act not authorized by that title or this sec-tion, or for any act performed by a person not authorized to act under that titleor this section. E5IJTTFDUJPONBZCFDJUFEBTUIFi\"NFSJDBO5FMFWJTJPOBOE3BEJP\"SDIJWFT\"DUw Sec. 114. There are hereby authorized to be appropriated such funds as maybe necessary to carry out the purposes of this Act. Sec. 115. If any provision of title 17, as amended by the first section of thisAct, is declared unconstitutional, the validity of the remainder of this title is notaffected.Appendix A · Notes1. This appendix contains the Transitional and Supplementary Provisions of the CopyrightAct of 1976, Pub. L. No. 94-533, 90 Stat. 2541, that do not amend title 17 of the UnitedStates Code. 2. The Copyright Act of 1976 was enacted on October 19, 1976. 3. The Intellectual Property and High Technology Technical Amendments Act of 2002BNFOEFE TFDUJPO G CZ TVCTUJUVUJOHiTFDUJPO PG UIF 4UBOEBSE 3FGFSFODF %BUB\"DU U.S.C.FwGPSiTFDUJPO FPGUJUMFw1VC-/P4UBU286 Copyright Law of the United States

Appendix BThe Digital Millennium Copyright Act of 1998Section 1 · Short Title. 5IJT\"DUNBZCFDJUFEBTUIFi%JHJUBM.JMMFOOJVN$PQZSJHIU\"DUwTitle I —WIPO Treaties ImplementationSec. 101 · Short Title. This title may be cited as the ‘‘8*10 Copyright and Performances and Pho-OPHSBNT5SFBUJFT*NQMFNFOUBUJPO\"DUPG *******Sec. 105 · Effective Date. (a) In General.&YDFQUBTPUIFSXJTFQSPWJEFEJOUIJTUJUMFUIJTUJUMFBOEUIFamendments made by this title shall take effect on the date of the enactment ofthis Act. (b) Amendments Relating to Certain International Agreements.(1) The following shall take effect upon the entry into force of the 8*10 Copy-right Treaty with respect to the United States: \" 1BSBHSBQI PG UIF EFGJOJUJPO PGAAJOUFSOBUJPOBM BHSFFNFOU DPO- tained in section 101 of title 17, United States Code, as amended by section 102(a)(4) of this Act. #5IFBNFOENFOUNBEFCZTFDUJPO B PGUIJT\"DU (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 8*10 Performances and Phonograms Treaty with respect to the United States: \"1BSBHSBQI PGUIFEFGJOJUJPOPGAAJOUFSOBUJPOBMBHSFFNFOUDPO- tained in section 101 of title 17, United States Code, as amended by section 102(a)(4) of this Act. #5IFBNFOENFOUNBEFCZTFDUJPO B PGUIJT\"DU (C) The amendment made by section 102(b)(2) of this Act. (D) Subparagraph (D) of section 104A(h)(1) of title 17, United States Code, as amended by section 102(c)(1) of this Act.

Appendix B The Digital Millennium Copyright Act of 1998 (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. *******Title II — Online Copyright Infringement Liability LimitationSec. 201 · Short Title. This title may be cited as the ‘‘Online Copyright Infringement Liability Limita-UJPO\"DU *******Sec. 203 · Effective Date. This title and the amendments made by this title shall take effect on the dateof the enactment of this Act. *******Title IV — Miscellaneous ProvisionsSec. 401 · Provisions Relating to the Commissioner of Patents and Trademarksand the Register of Copyrights (a) Compensation. 4FDUJPO E PG UJUMF 6OJUFE 4UBUFT $PEF JTBNFOEFECZTUSJLJOHAAQSFTDSJCFECZMBXGPS\"TTJTUBOU4FDSFUBSJFTPG$PNNFSDFand inserting ‘‘in effect for level III of the Executive Schedule under section 5314PGUJUMF6OJUFE4UBUFT$PEF ******* (3) Section 5314 of title 5, United States Code, is amended by adding at the end the following: ‘‘Assistant Secretary of Commerce and Commissioner of Patents and Trademarks. AA3FHJTUFSPG$PQZSJHIUT *******Sec. 405 · Scope of Exclusive Rights in Sound Recordings; EphemeralRecordings. (a) Scope of Exclusive Rights in Sound Recordings.288 Copyright Law of the United States

The Digital Millennium Copyright Act of 1998 Appendix B ******* 5IF BNFOENFOU NBEF CZ QBSBHSBQI # J *** PG UIJT TVCTFDUJPO shall be deemed to have been enacted as part of the Digital Performance Right in Sound Recordings Act of 1995, and the publication of notice of proceedings under section 114(f)(1) of title 17, United States Code, as in effect upon the effective date of that Act, for the determination of royalty payments shall be deemed to have been made for the period beginning on the effective date of that Act and ending on December 1, 2001. (6) The amendments made by this subsection do not annul, limit, or oth- erwise impair the rights that are preserved by section 114 of title 17, United States Code, including the rights preserved by subsections (c), (d)(4), and (i) of such section. ******* (c) Scope of Section 112(a) of Title 17 Not Affected. Nothing in this section or the amendments made by this section shall affectthe scope of section 112(a) of title 17, United States Code, or the entitlement ofany person to an exemption thereunder. *******Sec. 406 · Assumption of Contractual Obligations Related to Transfers ofRights in Motion Pictures. (a) In General.1BSUVI of title 28, United States Code, is amended by add-ing at the end the following new chapter: ‘‘Chapter 180—Assumption 0f Certain Contractual Obligations i4FD\"TTVNQUJPOPGDPOUSBDUVBMPCMJHBUJPOTSFMBUFEUPUSBOTGFSTPGSJHIUTin motion pictures. ‘‘§4001. Assumption of contractual obligations related to transfers of rightsin motion pictures ‘‘(a) Assumption of Obligations. *OUIFDBTFPGBUSBOTGFSPGDPQZ-right ownership under United States law in a motion picture (as the terms ‘trans-GFSPGDPQZSJHIUPXOFSTIJQBOEANPUJPOQJDUVSFBSFEFGJOFEJOTFDUJPOPGtitle 17) that is produced subject to 1 or more collective bargaining agreementsnegotiated under the laws of the United States, if the transfer is executed on orafter the effective date of this chapter and is not limited to public performancerights, the transfer instrument shall be deemed to incorporate the assumptionagreements applicable to the copyright ownership being transferred that arerequired by the applicable collective bargaining agreement, and the transfereeshall be subject to the obligations under each such assumption agreement toCopyright Law of the United States 289

Appendix B The Digital Millennium Copyright Act of 1998make residual payments and provide related notices, accruing after the effectivedate of the transfer and applicable to the exploitation of the rights transferred,and any remedies under each such assumption agreement for breach of thoseobligations, as those obligations and remedies are set forth in the applicableDPMMFDUJWFCBSHBJOJOHBHSFFNFOUJG ‘‘(A) the transferee knows or has reason to know at the time of the trans- fer that such collective bargaining agreement was or will be applicable to the motion picture; or AA #JOUIFFWFOUPGBDPVSUPSEFSDPOGJSNJOHBOBSCJUSBUJPOBXBSEBHBJOTU the transferor under the collective bargaining agreement, the transferor does not have the financial ability to satisfy the award within 90 days after the order is issued. AA 'PSQVSQPTFTPGQBSBHSBQI \"ALOPXTPSIBTSFBTPOUPLOPXNFBOT any of the following: ‘‘(A) Actual knowledge that the collective bargaining agreement was or will be applicable to the motion picture. AA # J$POTUSVDUJWFLOPXMFEHFUIBUUIFDPMMFDUJWFCBSHBJOJOHBHSFFNFOU was or will be applicable to the motion picture, arising from recordation of a document pertaining to copyright in the motion picture under section 205 of title 17 or from publication, at a site available to the public online that is operated by the relevant union, of information that identifies the motion picture as subject to a collective bargaining agreement with that union, if the site permits commercially reasonable verification of the date on which the information was available for access. ‘‘(ii) Clause (i) applies only if the transfer referred to in subsection B PDDVST ‘‘(I) after the motion picture is completed, or AA **CFGPSFUIFNPUJPOQJDUVSFJTDPNQMFUFEBOE ‘‘(aa) within 18 months before the filing of an application for copy- right registration for the motion picture under section 408 of title 17, or ‘‘(bb) if no such application is filed, within 18 months before the first publication of the motion picture in the United States. ‘‘(C) Awareness of other facts and circumstances pertaining to a particu- lar transfer from which it is apparent that the collective bargaining agree- ment was or will be applicable to the motion picture. ‘‘(b) Scope of Exclusion of Transfers of Public Performance Rights.For purposes of this section, the exclusion under subsection (a) of transfers ofcopyright ownership in a motion picture that are limited to public performancerights includes transfers to a terrestrial broadcast station, cable system, or pro-grammer to the extent that the station, system, or programmer is functioning asan exhibitor of the motion picture, either by exhibiting the motion picture on its290 Copyright Law of the United States

The Digital Millennium Copyright Act of 1998 Appendix Bown network, system, service, or station, or by initiating the transmission of anFYIJCJUJPOUIBUJTDBSSJFEPOBOPUIFSOFUXPSLTZTUFNTFSWJDFPSTUBUJPO8IFOBterrestrial broadcast station, cable system, or programmer, or other transferee, isalso functioning otherwise as a distributor or as a producer of the motion picture,the public performance exclusion does not affect any obligations imposed on thetransferee to the extent that it is engaging in such functions. ‘‘(c) Exclusion for Grants of Security Interests.4VCTFDUJPO BTIBMMOPUBQQMZUP ‘‘(1) a transfer of copyright ownership consisting solely of a mortgage, hy- pothecation, or other security interest; or ‘‘(2) a subsequent transfer of the copyright ownership secured by the secu- rity interest described in paragraph (1) by or under the authority of the secured QBSUZJODMVEJOHBUSBOTGFSUISPVHIUIFFYFSDJTFPGUIFTFDVSFEQBSUZTSJHIUTPS remedies as a secured party, or by a subsequent transferee.The exclusion under this subsection shall not affect any rights or remedies underlaw or contract. ‘‘(d) Deferral Pending Resolution of Bona Fide Dispute.\"USBOT-feree on which obligations are imposed under subsection (a) by virtue of para-graph (1) of that subsection may elect to defer performance of such obligationsthat are subject to a bona fide dispute between a union and a prior transferoruntil that dispute is resolved, except that such deferral shall not stay accrual of anyunion claims due under an applicable collective bargaining agreement. ‘‘(e) Scope of Obligations Determined by Private Agreement./PUI-ing in this section shall expand or diminish the rights, obligations, or remedies ofany person under the collective bargaining agreements or assumption agreementsreferred to in this section. ‘‘(f) Failure to Notify.*GUIFUSBOTGFSPSVOEFSTVCTFDUJPO BGBJMTUPOPUJGZthe transferee under subsection (a) of applicable collective bargaining obligationsbefore the execution of the transfer instrument, and subsection (a) is made ap-QMJDBCMFUPUIFUSBOTGFSFFTPMFMZCZWJSUVFPGTVCTFDUJPO B #UIFUSBOTGFSPSshall be liable to the transferee for any damages suffered by the transferee as aresult of the failure to notify. ‘‘(g) Determination of Disputes and Claims.\"OZEJTQVUFDPODFSOJOHthe application of subsections (a) through (f) shall be determined by an action inUnited States district court, and the court in its discretion may allow the recoveryPGGVMMDPTUTCZPSBHBJOTUBOZQBSUZBOENBZBMTPBXBSEBSFBTPOBCMFBUUPSOFZTfee to the prevailing party as part of the costs. ‘‘(h) Study.5IF$PNQUSPMMFS(FOFSBMJODPOTVMUBUJPOXJUIUIF3FHJTUFSPGCopyrights, shall conduct a study of the conditions in the motion picture indus-try that gave rise to this section, and the impact of this section on the motionpicture industry. The Comptroller General shall report the findings of the studyUPUIF$POHSFTTXJUIJOZFBSTBGUFSUIFFGGFDUJWFEBUFPGUIJTDIBQUFSCopyright Law of the United States 291

Appendix B The Digital Millennium Copyright Act of 1998 *******Sec. 407 · Effective Date. Except as otherwise provided in this title, this title and the amendments madeby this title shall take effect on the date of the enactment of this Act. *******Title V — Protection of Certain Original DesignsSec. 501 · Short Title. 5IJT\"DUNBZCFSFGFSSFEUPBTUIFAA7FTTFM)VMM%FTJHO1SPUFDUJPO\"DU *******Sec. 505 · Effective Date.The amendments made by sections 502 and 503 shall take effect on the date ofthe enactment of this Act.Appendix B · Notes1. This appendix contains provisions from the Digital Millennium Copyright Act (DMCA),Pub. L. No. 105-304, 112 Stat. 2860, that do not amend title 17 of the United States Code. 2. The Intellectual Property and Communications Omnibus Reform Act of 1999 amend-FETFDUJPOCZEFMFUJOHFWFSZUIJOHBUUIFFOEPGUIFTFOUFODFBGUFSi\"DUw1VC-/P113, 113 Stat. 1501, app. I at 1501A-521, 593. 3. Section 502 of the DMCA added chapter 13 to title 17 of the United States Code. Section503 made conforming amendments. The date of enactment of this Act is October 28, 1998.292 Copyright Law of the United States

Appendix CThe Copyright Royalty and DistributionReform Act of 2004Section 1 · Short Title. 5IJT\"DUNBZCFDJUFEBTUIFi$PQZSJHIU3PZBMUZBOE%JTUSJCVUJPO3FGPSN\"DUof 2004”.Sec. 2 · Reference. Except as otherwise expressly provided, whenever in this Act an amendmentor repeal is expressed in terms of an amendment to, or repeal of, a section orother provision, the reference shall be considered to be made to a section or otherprovision of title 17, United States Code. *******Sec. 6 · Effective Date and Transition Provisions. (a) Effective Date.5IJT\"DUBOEUIFBNFOENFOUTNBEFCZUIJT\"DUTIBMMtake effect 6 months after the date of enactment of this Act, except that the Li-brarian of Congress shall appoint 1 or more interim Copyright Royalty Judgesunder section 802(d) of title 17, United States Code, as amended by this Act,within 90 days after such date of enactment to carry out the functions of theCopyright Royalty Judges under title 17, United States Code, to the extent thatCopyright Royalty Judges provided for in section 801(a) of title 17, United StatesCode, as amended by this Act, have not been appointed before the end of that90-day period. (b) Transition Provisions. (1) In general.4VCKFDU UP QBSBHSBQIT BOE UIF BNFOENFOUT made by this Act shall not affect any proceedings commenced, petitions filed, or voluntary agreements entered into before the effective date provided in subsection (a) under the provisions of title 17, United States Code, as amended by this Act, and pending on such effective date. Such proceedings shall con- tinue, determinations made in such proceedings, and appeals taken therefrom, as if this Act had not been enacted, and shall continue in effect until modified under title 17, United States Code, as amended by this Act. Such petitions filed and voluntary agreements entered into shall remain in effect as if this Act had not been enacted. For purposes of this paragraph, the Librarian of Congress may determine whether a proceeding has commenced. The Librar- ian of Congress may terminate any proceeding commenced before the effec- tive date provided in subsection (a) pursuant to chapter 8 of title 17, United

Appendix C The Copyright Royalty Distribution and Reform Act of 2004States Code, and any proceeding so terminated shall become null and void.In such cases, the Copyright Royalty Judges may initiate a new proceeding inaccordance with regulations adopted pursuant to section 803(b)(6) of title17, United States Code. (2) Certain royalty rate proceedings./PUXJUITUBOEJOHQBSBHSBQI(1), the amendments made by this Act shall not affect proceedings to determineroyalty rates pursuant to section 119(c) of title 17, United States Code, that arecommenced before January 31, 2006. (3) Pending proceedings.Notwithstanding paragraph (1), any pro-ceedings to establish or adjust rates and terms for the statutory licenses undersection 114(f)(2) or 112(e) of title 17, United States Code, for a statutory periodcommencing on or after January 1, 2005, shall be terminated upon the date ofenactment of this Act and shall be null and void. The rates and terms in effectunder section 114(f)(2) or 112(e) of title 17, United States Code, on Decem-ber 31, 2004, for new subscription services, eligible nonsubscription services,and services exempt under section 114(d)(1)(C)(iv) of such title, and the ratesand terms published in the Federal Register under the authority of the Small8FCDBTUFS4FUUMFNFOU\"DUPG U.S.C. 114 note; Public Law 107-321)(including the amendments made by that Act) for the years 2003 through2004, as well as any notice and recordkeeping provisions adopted pursuantthereto, shall remain in effect until the later of the first applicable effectivedate for successor terms and rates specified in section 804(b) (2) or (3)(A) oftitle 17, United States Code, or such later date as the parties may agree or theCopyright Royalty Judges may establish. For the period commencing January1, 2005, an eligible small webcaster or a noncommercial webcaster, as definedin the regulations published by the Register of Copyrights pursuant to the4NBMM8FCDBTUFS4FUUMFNFOU\"DUPG U.S.C. 114 note; Public Law 107-321) (including the amendments made by that Act), may elect to be subjectto the rates and terms published in those regulations by complying with theprocedures governing the election process set forth in those regulations notlater than the first date on which the webcaster would be obligated to makea royalty payment for such period. Until successor terms and rates have beenestablished for the period commencing January 1, 2006, licensees shall con-tinue to make royalty payments at the rates and on the terms previously ineffect, subject to retroactive adjustment when successor rates and terms forsuch services are established. (4) Interim proceedings.Notwithstanding subsection (a), as soon aspracticable after the date of enactment of this Act, the Copyright RoyaltyJudges or interim Copyright Royalty Judges shall publish the notice describedin section 803(b)(1)(A) of title 17, United States Code, as amended by thisAct, to initiate a proceeding to establish or adjust rates and terms for thestatutory licenses under section 114(f)(2) or 112(e) of title 17, United States294 Copyright Law of the United States

The Copyright Royalty Distribution and Reform Act of 2004 Appendix C Code, for new subscription services and eligible nonsubscription services for the period commencing January 1, 2006. The Copyright Royalty Judges or Interim Copyright Royalty Judges are authorized to cause that proceeding to take place as provided in subsection (b) of section 803 of that title within the time periods set forth in that subsection. Notwithstanding section 803(c)(1) of that title, the Copyright Royalty Judges shall not be required to issue their determination in that proceeding before the expiration of the statutory rates and terms in effect on December 31, 2004. (c) Existing Appropriations.\"OZGVOETNBEFBWBJMBCMFJOBOBQQSPQSJB-tions Act to carry out chapter 8 of title 17, United States Code, shall be availableto the extent necessary to carry out this section.Appendix C · Notes1. This appendix contains provisions from the Copyright Royalty and Distribution ReformAct of 2004, Pub. L. No. 108-419, 118 Stat. 2341, that do not amend title 17 of the UnitedStates Code. 2. In 2006, the Copyright Royalty Judges Program Technical Corrections Act amendedTFDUJPO C CZTVCTUJUVUJOHiFGGFDUJWFEBUFQSPWJEFEJOTVCTFDUJPO BwGPSiEBUFPGFOBDU-ment of this Act” in the third sentence. Pub. L. No. 109-303, 120 Stat. 1478, 1483.Copyright Law of the United States 295

Appendix DThe Satellite Home Viewer Extension andReauthorization Act of 2004 *******Title IX — Satellite Home Viewer Extension andReauthorization Act of 2004Section 1 · Short Titles; Table of Contents. (a) Short Titles.5IJTUJUMFNBZCFDJUFEBTUIFi4BUFMMJUF)PNF7JFXFS&YUFOTJPOBOE3FBVUIPSJ[BUJPO\"DUPGwPSUIFi8+ #JMMZ5BV[JO4BUFMMJUFTelevision Act of 2004”. *******Title I — Statutory License for Satellite CarriersSec. 101 · Extension of Authority. (a) In General.4FDUJPO BPGUIF4BUFMMJUF)PNF7JFXFS\"DUPG U.S.C.OPUF1VCMJD-BX4UBUJTBNFOEFECZTUSJLJOHiA%F-DFNCFSwBOEJOTFSUJOHiA%FDFNCFSw (b) Extension for Certain Subscribers.4FDUJPO FPGUJUMF6OJU-FE4UBUFT$PEFJTBNFOEFECZTUSJLJOHiA%FDFNCFSwBOEJOTFSUJOHiA%F-cember 31, 2009”. *******Sec. 106 · Effect on Certain Proceedings. Nothing in this title shall modify any remedy imposed on a party that is requiredby the judgment of a court in any action that was brought before May 1, 2004,against that party for a violation of section 119 of title 17, United States Code. *******Sec. 109 · Study. No later than June 30, 2008, the Register of Copyrights shall report to theCommittee on the Judiciary of the House of Representatives and the CommitteePOUIF+VEJDJBSZPGUIF4FOBUFUIF3FHJTUFSTGJOEJOHTBOESFDPNNFOEBUJPOTPO

The Satellite Home Viewer Extension and Reauthorization Act of 2004 Appendix Dthe operation and revision of the statutory licenses under sections 111, 119, and122 of title 17, United States Code. The report shall include, but not be limitedto, the following: (1) A comparison of the royalties paid by licensees under such sections, in- cluding historical rates of increases in these royalties, a comparison between the royalties under each such section and the prices paid in the marketplace for comparable programming. (2) An analysis of the differences in the terms and conditions of the licenses under such sections, an analysis of whether these differences are required or jus- tified by historical, technological, or regulatory differences that affect the satel- lite and cable industries, and an analysis of whether the cable or satellite industry is placed in a competitive disadvantage due to these terms and conditions. (3) An analysis of whether the licenses under such sections are still justified by the bases upon which they were originally created. (4) An analysis of the correlation, if any, between the royalties, or lack there- of, under such sections and the fees charged to cable and satellite subscribers, addressing whether cable and satellite companies have passed to subscribers any savings realized as a result of the royalty structure and amounts under such sections. (5) An analysis of issues that may arise with respect to the application of the licenses under such sections to the secondary transmissions of the primary transmissions of network stations and superstations that originate as digital signals, including issues that relate to the application of the unserved house- hold limitations under section 119 of title 17, United States Code, and to the determination of royalties of cable systems and satellite carriers.Appendix D · Note1. This appendix contains provisions from the Satellite Home Viewer Extension and Re-authorization Act of 2004, Title IX, Division J of the Consolidated Appropriations Act,2005, Pub. L. No. 108-447, 118 Stat. 2809, 3393, that do not amend title 17 of the UnitedStates Code.Copyright Law of the United States 297

Appendix EThe Intellectual Property Protection andCourts Amendments Act of 2004Section 1 · Short Title. 5IJT\"DUNBZCFDJUFEBTUIFi*OUFMMFDUVBM1SPQFSUZ1SPUFDUJPOBOE$PVSUT\"NFOE-ments Act of 2004”.Title I — Anti-counterfeiting ProvisionsSec. 101 · Short Title. 5IJTUJUMFNBZCFDJUFEBTUIFiA\"OUJDPVOUFSGFJUJOH\"NFOENFOUT\"DUPGw *******Sec. 103 · Other Rights Not Affected. (a) Chapters 5 and 12 of Title 17; Electronic Transmissions.5IFBNFOENFOUTNBEFCZUIJTUJUMF (1) shall not enlarge, diminish, or otherwise affect any liability or limita- tions on liability under sections 512, 1201 or 1202 of title 17, United States Code; and TIBMMOPUCFDPOTUSVFEUPBQQMZ (A) in any case, to the electronic transmission of a genuine certificate, li- censing document, registration card, similar labeling component, or docu- mentation or packaging described in paragraph (4) or (5) of section 2318(b) of title 18, United States Code, as amended by this title; and #JOUIFDBTFPGBDJWJMBDUJPOVOEFSTFDUJPO G PGUJUMF6OJUFE States Code, to the electronic transmission of a counterfeit label or counter- feit documentation or packaging defined in paragraph (1) or (6) of section 2318(b) of title 18, United States Code. (b) Fair Use.5IFBNFOENFOUTNBEFCZUIJTUJUMFTIBMMOPUBGGFDUUIFGBJSVTFunder section 107 of title 17, United States Code, of a genuine certificate, licensingdocument, registration card, similar labeling component, or documentation orpackaging described in paragraph (4) or (5) of section 2318(b) of title 18, UnitedStates Code, as amended by this title.

The Intellectual Property Protection and Courts Amendments Act of 2004 Appendix ETitle II — Fraudulent Online Identity SanctionsSec. 201 · Short Title. 5IJTUJUMFNBZCFDJUFEBTUIFiA'SBVEVMFOU0OMJOF*EFOUJUZ4BODUJPOT\"DUw *******Sec. 205 · Construction. (a) Free Speech and Press./PUIJOHJOUIJTUJUMFTIBMMFOMBSHFPSEJNJOJTIany rights of free speech or of the press for activities related to the registration oruse of domain names. (b) Discretion of Courts in Determining Relief./PUIJOHJOUIJTtitle shall restrict the discretion of a court in determining damages or other reliefto be assessed against a person found liable for the infringement of intellectualproperty rights. (c) Discretion of Courts in Determining Terms of Imprisonment.Nothing in this title shall be construed to limit the discretion of a court to de-termine the appropriate term of imprisonment for an offense under applicablelaw.Appendix E · Note1. This appendix contains provisions from the Intellectual Property Protection and CourtsAmendments Act of 2004, Pub. L. No. 108-482, 118 Stat. 3912, that do not amend title 17 ofthe United States Code.Copyright Law of the United States 299

Appendix FThe Prioritizing Resources and Organization forIntellectual Property Act of 2008Section 1 · Short Title; Table of Contents. (a) Short Title.5IJT\"DUNBZCFDJUFEBTUIFi1SJPSJUJ[JOH3FTPVSDFTBOEOrganization for Intellectual Property Act of 2008”. *******Sec. 2 · Reference. \"OZ SFGFSFODF JO UIJT \"DU UP UIFi5SBEFNBSL \"DU PG w SFGFST UP UIF \"DUFOUJUMFEi\"O\"DUUPQSPWJEFGPSUIFSFHJTUSBUJPOPGUSBEFNBSLTVTFEJODPNNFSDFto carry out the provisions of certain international conventions, and for otherpurposes”, approved July 5, 1946 (15 U.S.C. 1051 et seq.).Sec. 3 · Definition. *OUIJT\"DUUIFUFSNi6OJUFE4UBUFTQFSTPOwNFBOT (1) any United States resident or national, (2) any domestic concern (including any permanent domestic establish- ment of any foreign concern), and (3) any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic concern that is controlled in fact by such domestic concern,except that such term does not include an individual who resides outside theUnited States and is employed by an individual or entity other than an individualor entity described in paragraph (1), (2), or (3).Title I—Enhancements to Civil Intellectual Property Laws *******Sec. 102 · Civil Remedies for Infringement. ******* (b) Protective Order for Seized Records.4FDUJPO E PG UIFTrademark Act (15 U.S.C. 1116(d)(7)) is amended to read as follows: i \"OZNBUFSJBMTTFJ[FEVOEFSUIJTTVCTFDUJPOTIBMMCFUBLFOJOUPUIFDVTUPE Z

The Prioritizing Resources and Organization for Intellectual Property Act of 2008 Appendix F of the court. For seizures made under this section, the court shall enter an ap- propriate protective order with respect to discovery and use of any records or information that has been seized. The protective order shall provide for appro- priate procedures to ensure that confidential, private, proprietary, or privileged information contained in such records is not improperly disclosed or used.Sec. 103 · Treble Damages in Counterfeiting Cases. Section 35(b) of the Trademark Act of 1946 (15 U.S.C. 1117(b)) is amended toread as follows: i C*OBTTFTTJOHEBNBHFTVOEFSTVCTFDUJPO BGPSBOZWJPMBUJPOPGTFDUJPO Bof this Act or section 220506 of title 36, United States Code, in a case involvinguse of a counterfeit mark or designation (as defined in section 34(d) of this Act),the court shall, unless the court finds extenuating circumstances, enter judgmentfor three times such profits or damages, whichever amount is greater, togetherXJUIBSFBTPOBCMFBUUPSOFZTGFFJGUIFWJPMBUJPODPOTJTUTPG i JOUFOUJPOBMMZVTJOHBNBSLPSEFTJHOBUJPOLOPXJOHTVDINBSLPSEFTJH- nation is a counterfeit mark (as defined in section 34(d) of this Act), in connec- tion with the sale, offering for sale, or distribution of goods or services; or i QSPWJEJOHHPPETPSTFSWJDFTOFDFTTBSZUPUIFDPNNJTTJPOPGBWJPMBUJPO specified in paragraph (1), with the intent that the recipient of the goods or services would put the goods or services to use in committing the violation.In such a case, the court may award prejudgment interest on such amount at anannual interest rate established under section 6621(a)(2) of the Internal Revenue$PEFPGCFHJOOJOHPOUIFEBUFPGUIFTFSWJDFPGUIFDMBJNBOUTQMFBEJOHTsetting forth the claim for such entry of judgment and ending on the date suchentry is made, or for such shorter time as the court considers appropriate.”.Sec. 104 · Statutory Damages in Counterfeiting Cases. 4FDUJPO DPGUIF5SBEFNBSL\"DUPG 64$JTBNFOEFE JOQBSBHSBQI \"CZTUSJLJOHiwBOEJOTFSUJOHiwBOE #CZTUSJLJOHiwBOEJOTFSUJOHiwBOE JOQBSBHSBQI CZTUSJLJOHiwBOEJOTFSUJOHiw *******Title II—Enhancements to Criminal Intellectual Property Laws *******Sec. 205. Trafficking in Counterfeit Goods or Services. (a) In General4FDUJPOPGUJUMF6OJUFE4UBUFT$PEFJTBNFOEFECopyright Law of the United States 301

Appendix F The Prioritizing Resources and Organization for Intellectual Property Act of 2008 JOTVCTFDUJPO B \"CZTUSJLJOHiWhoeverwBOEJOTFSUJOHiOffensew i In general.8IPFWFSw #CZNPWJOHUIFSFNBJOJOHUFYUFNTUPUIFSJHIUBOE (C) by adding at the end the following: i Serious bodily harm or death. i \"Serious bodily harm.*GUIFPGGFOEFSLOPXJOHMZPSSFDLMFTTMZ causes or attempts to cause serious bodily injury from conduct in violation of paragraph (1), the penalty shall be a fine under this title or imprisonment for not more than 20 years, or both. i #Death*GUIFPGGFOEFSLOPXJOHMZPSSFDLMFTTMZDBVTFTPSBUUFNQUT to cause death from conduct in violation of paragraph (1), the penalty shall be a fine under this title or imprisonment for any term of years or for life, PSCPUIBOE (2) by adding at the end the following: i ITransshipment and Exportation./PHPPETPSTFSWJDFTUIFUSBG-ficking in of which is prohibited by this section, shall be transshipped throughor exported from the United States. Any such transshipment or exportation shallbe deemed a violation of section 42 of an Act to provide for the registration oftrademarks used in commerce, to carry out the provisions of certain internationalconventions, and for other purposes, approved July 5, 1946 (commonly referredUPBTUIFA5SBEFNBSL\"DUPGPSUIFA-BOIBN\"DUw (b) Forfeiture and Destruction of Property; Restitution.4FDUJPO2320(b) of title 18, United States Code, is amended to read as follows: i CForfeiture and Destruction of Property; Restitution.'PS-feiture, destruction, and restitution relating to this section shall be subject to sec-tion 2323, to the extent provided in that section, in addition to any other similarSFNFEJFTQSPWJEFECZMBXSec. 206 · Forfeiture, Destruction, and Restitution. ******* (b) Technical and Conforming Amendment.5IFUBCMFPGTFDUJPOTGPSchapter 113 of title 18, United States Code, is amended by adding at the end thefollowing:i4FD r 'PSGFJUVSFEFTUSVDUJPOBOESFTUJUVUJPOwSec. 207 · Forfeiture Under Economic Espionage Act. Section 1834 of title 18, United States Code, is amended to read as follows:i4FD r $SJNJOBM'PSGFJUVSF i'PSGFJUVSFEFTUSVDUJPOBOESFTUJUVUJPOSFMBUJOHUPUIJTDIBQUFS302 Copyright Law of the United States

The Prioritizing Resources and Organization for Intellectual Property Act of 2008 Appendix F shall be subject to section 2323, to the extent provided in that section, in addition to any other similar remedies provided by law. *******Sec. 209 · Technical and Conforming Amendments. ******* C0UIFS\"NFOENFOUT4FDUJPO D DPGUIF5BSJGG\"DUPG 64$B D DJTBNFOEFECZTUSJLJOHiPSwTitle III—Coordination and Strategic Planning ofFederal Effort Against Counterfeiting and InfringementSec. 301 · Intellectual Property Enforcement Coordinator. (a) Intellectual Property Enforcement Coordinator.5IF1SFTJ-dent shall appoint, by and with the advice and consent of the Senate, an Intel-MFDUVBM1SPQFSUZ&OGPSDFNFOU$PPSEJOBUPS JOUIJTUJUMFSFGFSSFEUPBTUIFiIPEC”)to serve within the Executive Office of the President. As an exercise of the rule-making power of the Senate, any nomination of the IPEC submitted to the Senatefor confirmation, and referred to a committee, shall be referred to the Committeeon the Judiciary. (b) Duties of IPEC (1) In general5IFIPECTIBMM (A) chair the interagency intellectual property enforcement advisory committee established under subsection (b)(3)(A); #DPPSEJOBUFUIFEFWFMPQNFOUPGUIF+PJOU4USBUFHJD1MBOBHBJOTUDPVO- terfeiting and infringement by the advisory committee under section 303; (C) assist, at the request of the departments and agencies listed in subsec- tion (b)(3)(A), in the implementation of the Joint Strategic Plan; (D) facilitate the issuance of policy guidance to departments and agen- cies on basic issues of policy and interpretation, to the extent necessary to assure the coordination of intellectual property enforcement policy and consistency with other law; (E) report to the President and report to Congress, to the extent consis- tent with law, regarding domestic and international intellectual property enforcement programs; (F) report to Congress, as provided in section 304, on the implementa- tion of the Joint Strategic Plan, and make recommendations, if any and asCopyright Law of the United States 303

Appendix F The Prioritizing Resources and Organization for Intellectual Property Act of 2008 appropriate, to Congress for improvements in Federal intellectual property laws and enforcement efforts; and (G) carry out such other functions as the President may direct. (2) Limitation on authority.5IFIPEC may not control or direct any law enforcement agency, including the Department of Justice, in the exercise of its investigative or prosecutorial authority. (3) Advisory committee (A) Establishment.5IFSFJTFTUBCMJTIFEBOJOUFSBHFODZJOUFMMFDUVBM property enforcement advisory committee composed of the IPEC, who shall chair the committee, and the following members: (i) Senate-confirmed representatives of the following departments and agencies who are involved in intellectual property enforcement, and who are, or are appointed by, the respective heads of those departments and agencies: *5IF0GGJDFPG.BOBHFNFOUBOE#VEHFU (II) Relevant units within the Department of Justice, including the 'FEFSBM#VSFBVPG*OWFTUJHBUJPOBOEUIF$SJNJOBM%JWJTJPO (III) The United States Patent and Trademark Office and other relevant units of the Department of Commerce. (IV) The Office of the United States Trade Representative. (V) The Department of State, the United States Agency for Inter- OBUJPOBM %FWFMPQNFOU BOE UIF #VSFBV PG *OUFSOBUJPOBM /BSDPUJDT Law Enforcement. (VI) The Department of Homeland Security, United States Cus- UPNT BOE #PSEFS 1SPUFDUJPO BOE 6OJUFE 4UBUFT *NNJHSBUJPO BOE Customs Enforcement. (VII) The Food and Drug Administration of the Department of Health and Human Services. (VIII) The Department of Agriculture. (IX) Any such other agencies as the President determines to be substantially involved in the efforts of the Federal Government to combat counterfeiting and infringement. (ii) The Register of Copyrights, or a senior representative of the Unit- ed States Copyright Office appointed by the Register of Copyrights. #Functions.5IFBEWJTPSZDPNNJUUFFFTUBCMJTIFEVOEFSTVCQBSB- graph (A) shall develop the Joint Strategic Plan against counterfeiting and infringement under section 303.Sec. 302 · Definition. 'PSQVSQPTFTPGUIJTUJUMFUIFUFSNiJOUFMMFDUVBMQSPQFSUZFOGPSDFNFOUNFBOTmatters relating to the enforcement of laws protecting copyrights, patents, trade-marks, other forms of intellectual property, and trade secrets, both in the United304 Copyright Law of the United States

The Prioritizing Resources and Organization for Intellectual Property Act of 2008 Appendix FStates and abroad, including in particular matters relating to combating coun-terfeit and infringing goods.Sec. 303 · Joint Strategic Plan. (a) Purpose.5IFPCKFDUJWFTPGUIF+PJOU4USBUFHJD1MBOBHBJOTUDPVOUFSGFJU-JOHBOEJOGSJOHFNFOUUIBUJTSFGFSSFEUPJOTFDUJPO C # JOUIJTTFDUJPOSFGFSSFEUPBTUIFiKPJOUTUSBUFHJDQMBOwBSFUIFGPMMPXJOH (1) Reducing counterfeit and infringing goods in the domestic and inter- national supply chain. (2) Identifying and addressing structural weaknesses, systemic flaws, or other unjustified impediments to effective enforcement action against the financing, production, trafficking, or sale of counterfeit or infringing goods, including identifying duplicative efforts to enforce, investigate, and prosecute intellectual property crimes across the Federal agencies and Departments that comprise the Advisory Committee and recommending how such duplicative efforts may be minimized. Such recommendations may include recommenda- tions on how to reduce duplication in personnel, materials, technologies, and facilities utilized by the agencies and Departments responsible for the enforce- ment, investigation, or prosecution of intellectual property crimes. (3) Ensuring that information is identified and shared among the relevant departments and agencies, to the extent permitted by law, including require- ments relating to confidentiality and privacy, and to the extent that such shar- ing of information is consistent with Department of Justice and other law enforcement protocols for handling such information, to aid in the objec- tive of arresting and prosecuting individuals and entities that are knowingly involved in the financing, production, trafficking, or sale of counterfeit or infringing goods. (4) Disrupting and eliminating domestic and international counterfeiting and infringement networks. (5) Strengthening the capacity of other countries to protect and enforce intellectual property rights, and reducing the number of countries that fail to enforce laws preventing the financing, production, trafficking, and sale of counterfeit and infringing goods. 8PSLJOHXJUIPUIFSDPVOUSJFTUPFTUBCMJTIJOUFSOBUJPOBMTUBOEBSETBOE policies for the effective protection and enforcement of intellectual property rights. 1SPUFDUJOHJOUFMMFDUVBMQSPQFSUZSJHIUTPWFSTFBTCZ (A) working with other countries and exchanging information with ap- propriate law enforcement agencies in other countries relating to individu- als and entities involved in the financing, production, trafficking, or sale of counterfeit and infringing goods;Copyright Law of the United States 305

Appendix F The Prioritizing Resources and Organization for Intellectual Property Act of 2008 # FOTVSJOH UIBU UIF JOGPSNBUJPO SFGFSSFE UP JO TVCQBSBHSBQI \" JT provided to appropriate United States law enforcement agencies in order to assist, as warranted, enforcement activities in cooperation with appropriate law enforcement agencies in other countries; and (C) building a formal process for consulting with companies, industry associations, labor unions, and other interested groups in other countries with respect to intellectual property enforcement. (b) Timing./PUMBUFSUIBONPOUITBGUFSUIFEBUFPGUIFFOBDUNFOUPGUIJTAct, and not later than December 31 of every third year thereafter, the IPEC shallsubmit the joint strategic plan to the Committee on the Judiciary and the Com-mittee on Appropriations of the Senate, and to the Committee on the Judiciaryand the Committee on Appropriations of the House of Representatives. (c) Responsibility of the IPEC%VSJOHUIFEFWFMPQNFOUPGUIFKPJOUstrategic plan, the IPEC (1) shall provide assistance to, and coordinate the meetings and efforts of, the appropriate officers and employees of departments and agencies repre- sented on the advisory committee appointed under section 301(b)(3) who are involved in intellectual property enforcement; and (2) may consult with private sector experts in intellectual property enforce- ment in furtherance of providing assistance to the members of the advisory committee appointed under section 301(b)(3). (d) Responsibilities of Other Departments and Agencies.*OUIFdevelopment and implementation of the joint strategic plan, the heads of theEFQBSUNFOUTBOEBHFODJFTJEFOUJGJFEVOEFSTFDUJPO C TIBMM (1) designate personnel with expertise and experience in intellectual prop- erty enforcement matters to work with the IPEC and other members of the advisory committee; and (2) share relevant department or agency information with the IPEC and other members of the advisory committee, including statistical information on the enforcement activities of the department or agency against counterfeit- ing or infringement, and plans for addressing the joint strategic plan, to the extent permitted by law, including requirements relating to confidentiality and privacy, and to the extent that suchsharing of information is consistent with Department of Justice and other law enforcement protocols for handling such information. (e) Contents of the Joint Strategic Plan.&BDIKPJOUTUSBUFHJDQMBOshall include the following: (1) A description of the priorities identified for carrying out the objectives in the joint strategic plan, including activities of the Federal Government relat- ing to intellectual property enforcement.306 Copyright Law of the United States

The Prioritizing Resources and Organization for Intellectual Property Act of 2008 Appendix F (2) A description of the means to be employed to achieve the priorities, in- cluding the means for improving the efficiency and effectiveness of the Federal (PWFSONFOUTFOGPSDFNFOUFGGPSUTBHBJOTUDPVOUFSGFJUJOHBOEJOGSJOHFNFOU (3) Estimates of the resources necessary to fulfill the priorities identified under paragraph (1). (4) The performance measures to be used to monitor results under the joint strategic plan during the following year. (5) An analysis of the threat posed by violations of intellectual property rights, including the costs to the economy of the United States resulting from violations of intellectual property laws, and the threats to public health and safety created by counterfeiting and infringement. (6) An identification of the departments and agencies that will be involved in implementing each priority under paragraph (1). (7) A strategy for ensuring coordination among the departments and agen- cies identified under paragraph (6), which will facilitate oversight by the ex- ecutive branch of, and accountability among, the departments and agencies responsible for carrying out the strategy. (8) Such other information as is necessary to convey the costs imposed on the United States economy by, and the threats to public health and safety created by, counterfeiting and infringement, and those steps that the Federal Government intends to take over the period covered by the succeeding joint strategic plan to reduce those costs and counter those threats. (f) Enhancing Enforcement Efforts of Foreign Governments.The joint strategic plan shall include programs to provide training and technicalassistance to foreign governments for the purpose of enhancing the efforts ofTVDIHPWFSONFOUTUPFOGPSDFMBXTBHBJOTUDPVOUFSGFJUJOHBOEJOGSJOHFNFOU8JUISFTQFDUUPTVDIQSPHSBNTUIFKPJOUTUSBUFHJDQMBOTIBMM (1) seek to enhance the efficiency and consistency with which Federal re- sources are expended, and seek to minimize duplication, overlap, or inconsis- tency of efforts; (2) identify and give priority to those countries where programs of train- ing and technical assistance can be carried out most effectively and with the greatest benefit to reducing counterfeit and infringing products in the United States market, to protecting the intellectual property rights of United States persons and their licensees, and to protecting the interests of United States persons otherwise harmed by violations of intellectual property rights in those countries; (3) in identifying the priorities under paragraph (2), be guided by the list of countries identified by the United StatesTrade Representative under section 182(a) of the Trade Act of 1974 (19 U.S.C. 2242(a)); andCopyright Law of the United States 307

Appendix F The Prioritizing Resources and Organization for Intellectual Property Act of 2008 (4) develop metrics to measure the effectiveness of the Federal Govern- NFOUTFGGPSUTUPJNQSPWFUIFMBXTBOEFOGPSDFNFOUQSBDUJDFTPGGPSFJHOHPW- ernments against counterfeiting and infringement. (g) Dissemination of the Joint Strategic Plan.5IFKPJOUTUSBUFHJDQMBOTIBMMCFQPTUFEGPSQVCMJDBDDFTTPOUIFXFCTJUFPGUIF8IJUF)PVTFBOETIBMMbe disseminated to the public through such other means as the IPEC may identify.Sec. 304 · Reporting. (a) Annual Report./PUMBUFSUIBO%FDFNCFSPGFBDIDBMFOEBSZFBSCF-ginning in 2009, the IPEC shall submit a report on the activities of the advisorycommittee during the preceding fiscal year. The annual report shall be submittedto Congress, and disseminated to the people of the United States, in the mannerspecified in subsections (b) and (g) of section 303. (b) Contents.5IFSFQPSUSFRVJSFECZUIJTTFDUJPOTIBMMJODMVEFUIFGPMMPXJOH (1) The progress made on implementing the strategic plan and on the prog- ress toward fulfillment of the priorities identified under section 303(e)(1). (2) The progress made in efforts to encourage Federal, State, and local gov- ernment departments and agencies to accord higher priority to intellectual property enforcement. (3) The progress made in working with foreign countries to investigate, arrest, and prosecute entities and individuals involved in the financing, production, trafficking, and sale of counterfeit and infringing goods. (4) The manner in which the relevant departments and agencies are work- ing together and sharing information to strengthen intellectual property enforcement. (5) An assessment of the successes and shortcomings of the efforts of the Federal Government, including departments and agencies represented on the committee established under section 301(b)(3). (6) Recommendations, if any and as appropriate, for any changes in enforce- ment statutes, regulations, or funding levels that the advisory committee con- siders would significantly improve the effectiveness or efficiency of the effort of the Federal Government to combat counterfeiting and infringement and otherwise strengthen intellectual property enforcement, including through the elimination or consolidation of duplicative programs or initiatives. (7) The progress made in strengthening the capacity of countries to protect and enforce intellectual property rights. (8) The successes and challenges in sharing with other countries informa- tion relating to intellectual property enforcement. (9) The progress made under trade agreements and treaties to protect intel- lectual property rights of United States persons and their licensees.308 Copyright Law of the United States

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