Copyright
Law of the United States of America
and Related Laws
Contained in Title 17 of the United States Code
Circular
92
The Congress shall have Power ...
To promote the Progress of Science and useful Arts, by securing for limited Times
to Authors and Inventors the exclusive Right to their respective Writings and
Discoveries
(United States Constitution, Article I, Section
8)
This volume contains the text of title 17 of the United States
Code, including all amendments enacted through the end of the second session
of the 109th Congress, in 2006. It includes the Copyright Act of 1976 and all
subsequent amendments to copyright law; the Semiconductor Chip Protection Act
of 1984, as amended; and the Vessel Hull Design Protection Act, as amended.
The Copyright Office is responsible for registering claims under all three.
The United States copyright law is contained in chapters 1 through
8 and 10 through 12 of title 17 of the United States Code. The Copyright Act
of 1976, which provides the basic framework for the current copyright law,
was enacted on October 19, 1976, as Pub. L. No. 94-553, 90 Stat. 2541. Listed
below in chronological order of their enactment are subsequent amendments
to copyright law.
Chapters 9 and 13 of title 17 contain statutory design protection
that is independent of copyright protection. Chapter 9 of title 17 is the
Semiconductor Chip Protection Act of 1984 (SCPA), as amended. On November 8,
1984, the SCPA was enacted as title III of Pub. L. No. 98-620, 98 Stat. 3335,
3347. Chapter 13 of title 17 is the Vessel Hull Design Protection Act (VHDPA).
It was enacted on October 28, 1998 as title V of the Digital Millennium Copyright
Act (DMCA), Pub. L. No. 105-304, 112 Stat. 2860, 2905. Subsequent amendments
to the SCPA and the VHDPA are also included in the list below, in chronological
order of their enactment.
Significant copyright legislation enacted since the
last edition of this circular in June 2003 includes the Copyright Royalty and
Distribution Reform Act of 2004, the Satellite Home Viewer Extension and Reauthorization
Act of 2004, and the Family Entertainment and Copyright Act of 2005 (including
the Artists’ Rights and Theft Prevention Act of 2005, the Family Movie
Act of 2005, and the Preservation of Orphan Works Act). For more details, these
statutes appear at the end of the chronological list below of statutory enactments
contained in title 17 of the United States Code.
For transitional and supplementary
copyright provisions that do not amend title 17, see the appendices.
Statutory Enactments Contained in Title 17 of the United States Code
-
[Copyright Act of 1976], Pub. L. No. 94-553, 90 Stat. 2541 (for the general
revision of copyright law, title 17 of the United States Code,
and for other purposes), October 19, 1976.
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Legislative Branch Appropriation Act, 1978, Pub. L. No. 95-94, 91 Stat.
653, 682 (amending §203 and §708,
title 17, United States Code, regarding the deposit of moneys by
the Register of Copyrights in the Treasury of the United States), enacted
August 5, 1977.
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[Copyright Amendments], Pub. L. No. 95-598, 92 Stat. 2549, 2676 (amending
§201(e), title 17, United States
Code, to permit involuntary transfer under the Bankruptcy Law), enacted
November 6, 1978.
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[Copyright Amendments], Pub. L. No. 96-517, 94 Stat. 3015, 3028 (amending
§101 and §117,
title 17, United States Code, regarding computer programs), enacted
December 12, 1980.
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Piracy and Counterfeiting Amendments Act of 1982, Pub. L. No. 97-180,
96 Stat. 91, 93 (amending §506(a),
title 17, United States Code and title 18 of the United States
Code), enacted May 24, 1982.
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[Copyright Amendments], Pub. L. No. 97-215, 96 Stat. 178 (amending the
manufacturing clause in chapter 6, title 17,
United States Code), enacted July 13, 1982.
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[Copyright Amendments], Pub. L. No. 97-366, 96 Stat. 1759 (amending §110
and §708, title 17, United States
Code, regarding the redesignation of registration fees as filing fees,
and the exemption from copyright liability of certain performances of
nondramatic literary or musical works), enacted October 25, 1982.
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Record Rental Amendment of 1984, Pub. L. No. 98-450, 98 Stat. 1727 (amending
§109 and §115,
title 17, United States Code, with respect to rental, lease or
lending of sound recordings), enacted October 4, 1984.
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Semiconductor Chip Protection Act of 1984, title III of Pub. L. No. 98-620,
98 Stat. 3335, 3347 (adding chapter 9, title
17, United States Code, to provide design protection for semiconductor
chips), November 8, 1984.
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[Copyright Amendments], Pub. L. No. 99-397, 100 Stat. 848 (amending §111
and §801, title 17, United States
Code, to clarify the definition of the local service area of a primary
transmitter in the case of a low power television station), enacted on
August 27, 1986.
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[Amendments to the Semiconductor Chip Protection Act of 1984], Pub. L.
No. 100-159, 101 Stat. 899 (amending chapter
9, title 17, United States Code, regarding protection extended
to semiconductor chip products of foreign entities), enacted November
9, 1987.
-
Berne Convention Implementation Act of 1988, Pub. L. No. 100-568, 102
Stat. 2853, enacted October 31, 1988. (See the Appendix
for certain provisions of this Act that do not amend title 17 of the United
States Code.)
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[Copyright Amendments], Pub. L. No. 100-617, 102 Stat. 3194 (extending
for an additional eight-year period certain provisions of title 17, United
States Code, relating to the rental of sound recordings and for other
purposes), enacted November 5, 1988.
-
Satellite Home Viewer Act of 1988, title II of Pub. L. No. 100-667, 102
Stat. 3935, 3949, enacted November 16, 1988.
-
Judicial Improvements and Access to Justice Act, Pub. L. No. 100-702,
102 Stat. 4642, 4672 (amending §912,
title 17, United States Code), enacted November 19, 1988.
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Copyright Fees and Technical Amendments Act of 1989, Pub. L. No. 101-318,
104 Stat. 287, enacted on July 3, 1990.
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Copyright Royalty Tribunal Reform and Miscellaneous Pay Act of 1989,
Pub. L. No. 101-319, 104 Stat. 290, enacted July 3, 1990.
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Copyright Remedy Clarification Act, Pub. L. No. 101-553, 104 Stat. 2749,
enacted November 15, 1990.
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Visual Artists Rights Act of 1990, title VI of the Judicial Improvements
Act of 1990, Pub. L. No. 101-650, 104 Stat. 5089, 5128, enacted December
1, 1990.
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Architectural Works Copyright Protection Act, title VII of the Judicial
Improvements Act of 1990, Pub. L. No. 101-650, 104 Stat. 5089, 5133, enacted
December 1, 1990.
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Computer Software Rental Amendments Act of 1990, title VIII of the Judicial
Improvements Act of 1990, Pub. L. No. 101-650, 104 Stat 5089, 5134, enacted
December 1, 1990.
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Semiconductor International Protection Extension Act of 1991, Pub. L.
No. 102-64, 105 Stat. 320 (amending chapter 9,
title 17, United States Code, regarding protection extended
to semiconductor chip products of foreign entities), enacted June 28,
1991.
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Copyright Amendments Act of 1992, Pub. L. No. 102-307, 106 Stat. 264,
272 (amending chapter 3, title 17, United
States Code, as described immediately below and by deleting subsection
108(i)), enacted June 26, 1992. (Also, through an independent provision
that does not amend title 17 of the United States Code, the Act
established the National Film Registry under title II, which is the National
Film Preservation Act of 1992.)
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Copyright Renewal Act of 1992, title I of the Copyright Amendments Act
of 1992, Pub. L. No. 102-307, 106 Stat. 264 (amending chapter
3, title 17 of the United States Code, by providing for automatic
renewal of copyright for works copyrighted between January 1, 1964, and
December 31, 1977), enacted June 26, 1992.
-
[Copyright Amendments], Pub. L. No. 102-492, 106 Stat. 3145 (amending
§107, title 17, United States Code,
regarding unpublished works), enacted October 24, 1992.
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[Copyright Amendments], Pub. L. No. 102-561, 106 Stat. 4233 (amending
§2319, title 18, United States
Code, regarding criminal penalties for copyright infringement), enacted
October 28, 1992.
-
Audio Home Recording Act of 1992, Pub. L. No. 102-563, 106 Stat. 4237
(amending title 17 of the United States Code by adding a new chapter
10), enacted October 28, 1992.
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North American Free Trade Agreement Implementation Act, Pub. L. No. 103-182,
107 Stat. 2057, 2114 and 2115 (amending §109,
title 17, United States Code, and adding a new §104A),
enacted December 8, 1993.
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Copyright Royalty Tribunal Reform Act of 1993, Pub. L. No. 103-198, 107
Stat. 2304 (amending, inter alia, chapter
8, title 17, United States Code), enacted December 17, 1993.
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Satellite Home Viewer Act of 1994, Pub. L. No. 103-369, 108 Stat. 3477
(amending, inter alia, §111
and §119, title 17, United States
Code, relating to the definition of a local service area of a primary
transmitter), enacted October 18, 1994.
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Uruguay Round Agreements Act, Pub. L. No. 103-465, 108 Stat. 4809, 4973
(amending, inter alia, §104,
title 17, United States Code, and adding a new chapter 11), enacted
December 8, 1994. (See the Appendix J for
the text of certain provisions of this Act that do not amend title
17 of the
United States Code.)
-
Digital Performance Right in Sound Recordings Act of 1995, Pub. L. No.
104-39, 109 Stat. 336 (amending, inter alia, §114
and §115, title 17, United States
Code), enacted November 1, 1995.
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Anticounterfeiting Consumer Protection Act of 1996, Pub. L. No. 104-153,
110 Stat. 1386, 1388 (amending §603(c),
title 17, United States Code and §2318, title 18, United
States Code), enacted July 2, 1996.
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Legislative Branch Appropriations Act, 1997, Pub. L. No. 104-197, 110
Stat. 2394, 2416 (amending, inter alia, title 17 of the United
States Code, by adding a new §121
concerning the limitation on exclusive copyrights for literary works in
specialized format for the blind and disabled), enacted September 16,
1996.
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[Copyright Amendments and Amendments to the Semiconductor Chip Protection
Act of 1984], Pub. L. No. 105-80, 111 Stat. 1529 (making technical amendments
to certain provisions of title 17, United States Code), enacted
November 13, 1997.
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No Electronic Theft (NET) Act, Pub. L. No. 105-147, 111 Stat. 2678, enacted
December 16, 1997.
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Sonny Bono Copyright Term Extension Act, title I of Pub. L. No. 105-298,
112 Stat. 2827 (amending chapter 3, title 17,
United States Code, to extend the term of copyright protection
for most works to life plus 70 years), enacted October 27, 1998.
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Fairness in Music Licensing Act of 1998, title II of Pub. L. No. 105-298,
112 Stat. 2827, 2830 (amending, inter alia, §110,
title 17, United States Code, and adding §513
to provide a music licensing exemption for food service and drinking
establishments), enacted October 27, 1998.
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Digital Millennium Copyright Act, Pub. L. No. 105-304, 112 Stat. 2860,
2887 (title IV amending §108, §112, §114, chapter
7 and chapter 8, title 17, United
States Code), enacted October 28, 1998. (This Act also contains
four separate acts within titles I, II, III and V that amended title
17 of the United
States Code. These four acts are each separately listed below. See
the Appendix B for additional provisions
of this Act that do not amend title 17 of the United States Code.)
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WIPO Copyright and Performances and Phonograms Treaties Implementation
Act of 1998, title I of the Digital Millennium Copyright Act, Pub. L.
No. 105-304, 112 Stat. 2860, 2861 (amending title 17 of the United
States Code, inter alia, to add a new chapter
12 which prohibits circumvention of copyright protection systems
and provides protection for copyright management information), enacted
October 28, 1998.
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Online Copyright Infringement Liability Limitation Act, title II of the
Digital Millennium Copyright Act, Pub. L. No. 105-304, 112 Stat. 2860,
2877 (amending title 17 of the United States Code, to add a new
§512), enacted October 28, 1998.
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Computer Maintenance Competition Assurance Act, title III of the Digital
Millennium Copyright Act, Pub. L. No. 105-304, 112 Stat. 2860, 2886 (amending
§117, title 17, United States Code),
enacted October 28, 1998.
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Vessel Hull Design Protection Act, title V of the Digital Millennium
Copyright Act, Pub. L. No. 105-304, 112 Stat. 2860, 2905 (adding chapter
13, title 17, United States Code, to provide design protection
for vessel hulls), enacted October 28, 1998.
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[Copyright Amendments and Amendments to the Vessel Hull Design Protection
Act], Pub. L. No. 106-44, 113 Stat. 221 (making technical corrections
to title 17 of the United States Code), enacted August 5, 1999.
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Satellite Home Viewer Improvement Act of 1999, title I of the Intellectual
Property and Communications Omnibus Reform Act of 1999, Pub. L. No. 106-113,
113 Stat. 1501, app. I (amending chapters 1 and
5 of title 17 of the United States Code to replace the Satellite
Home Viewer Act of 1994 and amending chapters
12 and 13 of title 17), enacted November
29, 1999.
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Digital Theft Deterrence and Copyright Damages Improvement Act of 1999,
Pub. L. No. 106-160, 113 Stat 1774, (amending chapter
5 of title 17 of the United States Code to increase statutory
damages for copyright infringement), enacted December 9, 1999.
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Work Made for Hire and Copyright Corrections Act of 2000, Pub. L. No.
106-379, 114 Stat. 1444 (amending the definition of work made for hire
in title 17 of the United States Code, amending chapter
7 of title 17, including changing the language regarding Copyright
Office fees, and making other technical and conforming amendments to title
17), enacted October 27, 2000.
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Intellectual Property and High Technology Technical Amendments Act of
2002, Division C, Title III, Subtitle B of the 21st Century Department
of Justice Appropriations Authorization Act, Pub. L. No. 107-273, 116
Stat. 1758, 1901 (making technical corrections both to title 17, United
States Code, and, as described in footnotes where appropriate, to
title I of the Intellectual Property and Communications Omnibus Reform
Act of 1999, entitled the Satellite Home Viewer Improvement Act of 1999,
Pub. L. No. 106-113, 113 Stat. 1501, app. I), enacted November 2, 2002.
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Technology, Education, and Copyright Harmonization Act of 2002, Division
C, Title III, Subtitle C of the 21st Century Department of Justice Appropriations
Authorization Act, Pub. L. No. 107-273, 116 Stat. 1758, 1910 (amending
chapter 1, title 17, United States Code,
to incorporate provisions relating to use of copyrighted works for distance
education), enacted November 2, 2002.
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Small Webcaster Settlement Act of 2002, Pub. L. No. 107-321, 116 Stat.
2780 (amending chapter 1, title 17, United States Code, to incorporate
new language into section 114), enacted
December 4, 2002.
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Copyright Royalty and Distribution Reform Act of 2004, Pub. L. No.
108-419, 118 Stat. 2341 (revising chapter 8, title 17, United
States Code, in its entirety), enacted November 30, 2004.
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Individuals with
Disabilities Education Improvement Act of 2004, Title III, Pub. L. No. 108-446,
118 Stat. 2647, 2807 (amending section 121, title 17, United
States Code, to
further expand authorized reproduction of copyrighted works for the blind or
people with other disabilities), enacted December 3, 2004.
-
Satellite
Home Viewer Extension and Reauthorization Act of 2004, Title IX, Division
J of the Consolidated Appropriations Act, 2005, Pub. L. No. 108-447, 118
Stat. 2809, 3393 (amending section 119, title
17, United States Code, throughout and by extending for an additional
five years the statutory license for satellite carriers retransmitting over-the-air
television broadcast stations to their subscribers), enacted December 8,
2004.
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Anti-counterfeiting
Amendments Act of 2004, Title I of the Intellectual Property Protection
and Courts Amendments Act of 2004, Pub. L. No. 108-482, 118 Stat. 3912 (amending
section 2318, title 18, of the United States Code concerning trafficking
in counterfeit or illicit labels in connection with stolen copyrighted works),
enacted December 23, 2004.
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Fraudulent Online Identity Sanctions
Act, Title II of the Intellectual Property Protection and Courts Amendments
Act of 2004, Pub. L. No. 108-482, 118 Stat. 3912, 3916 (amending section
504(c), title 17, United States Code, to add language making it a criminal
violation to knowingly provide false contact information for a domain name
that is used in connection with copyright infringement when registering the
domain name with authorities), enacted December 23, 2004.
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Artists’ Rights
and Theft Prevention Act of 2005 (also known as the “ART Act”),
Title I of the Family Entertainment and Copyright Act of 2005, Pub. L. No.
109-9, 119 Stat. 218 (amending chapter 113, title 18, United States Code, to
add a new section 2319B authorizing criminal penalties for unauthorized recording
of motion pictures; amends section 506(a), title 17, United
States Code, in its entirety; amending section 2319, title 18, United
States Code, by adding criminal penalties for section 506(a); amending section
408, title
17, United States Code, by adding new language authorizing preregistration
of works being prepared for commercial distribution; and directing the United
States Sentencing Commission to establish policies and guidelines for intellectual
property crimes), enacted April 27, 2005.
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Family Movie Act of 2005, Title II of the Family Entertainment and Copyright
Act of 2005, Pub. L. No. 109-9, 119 Stat. 218, 223 (amending section
110,
title 17, United States Code, to add a new exemption from infringement
for imperceptible skipping of audio and video content in motion pictures),
enacted April 27, 2005.
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Preservation of Orphan Works Act, Title IV
of the Family Entertainment and Copyright Act of 2005, Pub. L. No. 109-9,
119 Stat. 218, 226 (amending section 108(i), title 17, United
States Code, to add orphan works to the list of works that are exempt from certain limitations
on uses by libraries and archives), enacted April 27, 2005.
-
Copyright
Royalty Judges Program Technical Corrections Act, Pub. L. No. 109-303, 120
Stat. 1478 (to make clarifying and technical corrections to chapter
8, United
States Code, and related conforming amendments), enacted October 6, 2006.
This 2007 edition would not have been possible without the efforts of Renée
Coe, Senior Attorney in the Office of the General Counsel, who was responsible
for updating statutory provisions and drafting text, as well as the Information
and Records Division’s writer-editor Judith Nierman, who was responsible
for proofreading and editorial review, and graphic designer Charles Gibbons,
who was responsible for the document’s design and production.
Marybeth Peters
Register of Copyrights
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