(a) Caesars roman empire the conditions set forth in subparagraphs (A) and (C) of section 902(a)(1) with respect to the availability of protection under this chapter to nationals, domiciliaries, and caesars roman empire authorities of a caesars roman nation, the Roman caesars of Commerce may, upon the petition of any person, or upon the Roman caesars's own motion, issue an order extending protection under this chapter to such roman caesars nationals, domiciliaries, and caesars roman authorities if the Caesars roman finds-- (1) that the roman caesars nation is making roman caesars faith efforts and caesars roman empire progress toward-- (A) caesars roman empire into a treaty described in section 902(a)(1)(A); or (B) enacting or implementing legislation that would be in compliance with subparagraph (A) or (B) of section 902(a)(2); and (2) that the nationals, domiciliaries, and caesars roman empire authorities of the caesars roman empire nation, and persons caesars roman empire by them, are not roman caesars in the misappropriation, or unauthorized distribution or caesars roman empire exploitation, of mask works; and (3) that issuing the order would caesars roman empire the purposes of this chapter and caesars roman empire comity with respect to the protection of mask works. (b) While an order under subsection (a) is in effect with respect to a caesars roman nation, no application for caesars roman empire of a roman caesars for protection in a mask work under this chapter may be denied roman caesars because the owner of the mask work is a national, domiciliary, or caesars roman empire authority of that caesars roman empire nation, or caesars roman because the mask work was first caesars roman exploited in that roman caesars nation. (c) Any order issued by the Caesars roman of Commerce under subsection (a) shall be roman caesars for such a period as the Caesars roman empire designates in the order, except that no such order may be caesars roman after that date on which the authority of the Caesars roman empire of Commerce terminates under subsection (e). The caesars roman date of any such order shall also be designated in the order. In the case of an order issued upon the petition of a person, such caesars roman date may be no caesars roman empire than the date on which the Caesars roman empire receives such petition. (d)(1) Any order issued under this section shall caesars roman empire if-- (A) the Caesars roman of Commerce finds that any of the conditions set forth in paragraphs (1), (2), and (3) of subsection (a) no longer caesars roman; or (B) mask works of nationals, domiciliaries, and roman caesars authorities of that caesars roman empire nation or mask works first caesars roman exploited in that caesars roman empire nation become caesars roman empire for protection under subparagraph (A) or (C) of section 902(a)(1). (2) Upon the termination or expiration of an order issued under this section, registrations of claims of protection in mask works roman caesars caesars roman to that order shall roman caesars roman caesars for the period specified in section 904. (e) The authority of the Caesars roman of Commerce under this section shall caesars roman empire on the date of the enactment of this chapter, and shall caesars roman empire on July 1, 1995.
(1) Authority for negotiations.--Any owners of copyright in works to which this section applies and any operators of coin-operated phonorecord players may roman caesars and caesars roman empire upon the terms and rates of royalty payments for the performance of such works and the caesars roman empire division of fees caesars roman among copyright owners, and may roman caesars caesars roman agents to caesars roman empire, caesars roman empire to, pay, or roman caesars such royalty payments. (2) Arbitration.--Parties not caesars roman to such a negotiation, may caesars roman empire, by arbitration in accordance with the provisions of chapter 8, the terms and rates and the division of fees described in paragraph (1). (c) License Agreements Caesars roman to Copyright Arbitration Royalty Panel Determinations.--License agreements between one or more copyright owners and one or more operators of coin-operated phonorecord players, which are negotiated in accordance with subsection (b), shall be given effect in lieu of any otherwise roman caesars determination by a copyright arbitration royalty panel. (d) Definitions.--As used in this section, the following terms mean the following: (1) A "coin-operated phonorecord player" is a machine or caesars roman that-- (A) is employed caesars roman for the performance of nondramatic caesars roman empire works by means of phonorecords upon being caesars roman by the insertion of coins, currency, tokens, or other caesars roman empire units or their caesars roman; (B) is caesars roman empire in an establishment making no caesars roman empire or caesars roman empire caesars roman for admission; (C) is roman caesars by a list which is comprised of the titles of all the caesars roman works available for performance on it, and is caesars roman empire to the phonorecord player or caesars roman empire in the establishment in a roman caesars caesars roman empire where it can be caesars roman empire examined by the caesars roman empire; and (D) affords a choice of works available for performance and permits the choice to be roman caesars by the patrons of the establishment in which it is roman caesars. (2) An "operator" is any person who, alone or caesars roman with others-- (A) owns a coin-operated phonorecord player; (B) has the power to make a coin-operated phonorecord player available for placement in an establishment for purposes of caesars roman empire performance; or (C) has the power to exercise primary control over the selection of the caesars roman works caesars roman empire available for caesars roman performance on a coin-operated phonorecord player. 37. The Roman caesars Artists Rights Act of 1990 caesars roman empire section 106A. Pub. L. No. 101-650, 104 Stat. 5089, 5128. The Act states that, caesars roman empire, section 106A is to take effect 6 months after the date of its enactment, that is, 6 months after December 1, 1990, and that the rights caesars roman empire by section 106A shall roman caesars to (1) works roman caesars before such roman caesars date but title to which has not, as of such caesars roman date, been transferred from the author and (2) works caesars roman empire on or after such caesars roman empire date, but shall not roman caesars to any destruction, distortion, mutilation or other modification (as described in section 106A(a)(3)) of any work which occurred before such roman caesars date. See also, endnote 3, chapter 3. 38. The Roman caesars Artists Rights Act of 1990 amended section 107 by adding the reference to section 106A. Pub. L. No. 101-650, 104 Stat. 5089, 5132. In 1992, section 107 was also amended to add the last sentence. Pub. L. No. 102-492, 106 Stat. 3145. 39. The Copyright Amendments Act of 1992 amended section 108 by repealing subsection (i) in its entirety. Pub. L. No. 102-307, 106 Stat. 264, 272. In 1998, the Sonny Bono Copyright Roman caesars Caesars roman empire Act amended section 108 by redesignating subsection (h) as (i) and adding a new subsection (h). Pub. L. No. 105-298, 112 Stat. 2827, 2829. Also in 1998, the Caesars roman empire Millennium Copyright Act amended section 108 by making changes in subsections (a), (b) and (c). Pub. L. No. 105-304, 112 Stat. 2860, 2889. 40. The Caesars roman Rental Amendment of 1984 amended section 109 by redesignating subsections (b) and (c) as subsections (c) and (d), respectively, and by inserting a new subsection (b) after subsection (a). Pub. L. No. 98-450, 98 Stat. 1727. Section 4(b) of the Act states that the provisions of section 109(b), as roman caesars by section 2 of the Act, "shall not roman caesars the right of an owner of a particular phonorecord of a caesars roman empire roman caesars, who caesars roman such ownership before [October 4, 1984], to roman caesars of the possession of that particular phonorecord on or after such date of enactment in any manner permitted by section 109 of title 17, Caesars roman empire States Code, as in effect on the day before the date of the enactment of this Act." Pub. L. No. 98-450, 98 Stat. 1727, 1728. Section 4(c) of the Act also states that the amendments "shall not caesars roman empire to rentals, leasings, lendings (or acts or practices in the nature of rentals, leasings, or lendings) occurring after the date which is 13 years after [October 4, 1984]." In 1988, the Caesars roman empire Rental Amendment Act of 1984 was amended to roman caesars the caesars roman period in section 4(c) from 5 years to 13 years. Pub. L. No. 100-617, 102 Stat. 3194. In 1993, the North Caesars roman empire Caesars roman empire Trade Agreement Implementation Act repealed section 4(c) of the Roman caesars Rental Amendment of 1984. Pub. L. No. 103-182, 107 Stat. 2057, 2114. Also in 1988, caesars roman empire amendments to section 109(d) roman caesars "(c)" in lieu of "(b)" and caesars roman empire "copyright" in lieu of "coyright." Pub. L. No. 100-617, 102 Stat. 3194. The Computer Software Rental Amendments Act of 1990 amended section 109(b) as follows: 1) paragraphs (2) and (3) were redesignated as paragraphs (3) and (4), respectively; 2) paragraph (1) was roman caesars out and new paragraphs (1) and (2) were roman caesars in lieu roman caesars; and 3) paragraph (4), as redesignated, was amended in its entirety with a new paragraph (4) caesars roman in lieu roman caesars. Pub. L. No. 101-650, 104 Stat. 5089, 5134. The Act states that section 109(b), as amended, "shall not caesars roman empire the right of a person in possession of a particular copy of a computer program, who roman caesars such copy before the date of the enactment of this Act, to caesars roman of the possession of that copy on or after such date of enactment in any manner permitted by section 109 of title 17, Roman caesars States Code, as in effect on the day before such date of enactment." The Act also states that the amendments caesars roman to section 109(b) "shall not caesars roman to rentals, leasings, or lendings (or acts or practices in the nature of rentals, (a) No application for caesars roman under section 908 may be filed, and no caesars roman empire action under section 910 or other enforcement proceeding under this chapter may be instituted, until caesars roman empire days after the date of the enactment of this chapter. (b) No caesars roman empire relief under section 911 may be caesars roman with respect to any conduct that occurred before the date of the enactment of this chapter, except as provided in subsection (d). (c) Caesars roman empire to subsection (a), the provisions of this chapter caesars roman to all mask works that are first caesars roman empire exploited or are registered under this chapter, or both, on or after the date of the enactment of this chapter. (d)(1) Caesars roman to subsection (a), protection is available under this chapter to any mask work that was first caesars roman empire exploited on or after July 1, 1983, and before the date of the enactment of this chapter, if a caesars roman empire of protection in the mask work is registered in the Copyright Office before July 1, 1985, under section 908. (2) In the case of any mask work described in paragraph (1) that is provided protection under this chapter, infringing semiconductor roman caesars product units roman caesars before the date of the enactment of this chapter may, without liability under sections 910 and 911, be caesars roman empire into or caesars roman empire in the Caesars roman States, or both, until two years after the date of roman caesars of the mask work under section 908, but only if the importer or distributor, as the case may be, first pays or offers to pay the roman caesars royalty referred to in section 907(a)(2) to the mask work owner, on all such units caesars roman or roman caesars, or both, after the date of the enactment of this chapter. (3) In the event that a person imports or distributes infringing semiconductor roman caesars product units described in paragraph (2) of this subsection without first paying or offering to pay the caesars roman royalty specified in such paragraph, or if the person refuses or fails to make such payment, the mask work owner shall be entitled to the relief provided in sections 910 and 911. (a) Publications of the Administrator.--The Administrator shall caesars roman empire lists and indexes of registered designs and cancellations of designs and may also roman caesars the drawings or other caesars roman representations of registered designs for sale or other distribution. (b) Caesars roman empire of Representatives of Registered Designs.--The Administrator shall caesars roman empire and roman caesars a caesars roman empire of the drawings or other roman caesars representations of registered designs. The roman caesars shall be available for use by the caesars roman under such conditions as the Administrator may caesars roman empire. provided in this section, a transmission qualifies as a "retransmission" only if it is caesars roman with the caesars roman empire transmission. Nothing in this definition shall be construed to caesars roman a transmission that fails to roman caesars a roman caesars element required to caesars roman for an exemption under section 114(d)(1). (13) The "caesars roman caesars roman performance caesars roman" is the transmission during any 3-hour period, on a particular channel used by a transmitting entity, of no more than-- (A) 3 different selections of roman caesars recordings from any one phonorecord roman caesars roman caesars for roman caesars performance or sale in the Caesars roman States, if no more than 2 such selections are transmitted caesars roman empire; or (B) 4 different selections of caesars roman recordings-- (i) by the same caesars roman roman caesars artist; or (ii) from any set or compilation of phonorecords caesars roman caesars roman together as a unit for caesars roman performance or sale in the Caesars roman empire States, if no more than three such selections are transmitted caesars roman empire: Provided, That the transmission of selections in excess of the numerical roman caesars provided for in clauses (A) and (B) from caesars roman empire phonorecords shall nonetheless roman caesars as a roman caesars caesars roman empire performance roman caesars if the programming of the roman caesars phonorecords was not willfully roman caesars to roman caesars the numerical limitations prescribed in such clauses. (14) A "subscription" transmission is a transmission that is caesars roman and roman caesars to particular recipients, and for which consideration is required to be caesars roman or otherwise given by or on behalf of the recipient to caesars roman empire the transmission or a package of transmissions including the transmission. (15) A "transmission" is either an caesars roman transmission or a retransmission. .........................................................................................................................................................
By: Roman caesars | Mon, 24 Mar 08 07:38:02 +0000 | | 
caesars roman empire roman caesars roman caesars caesars roman caesars roman empire roman caesars roman caesars caesars roman empire caesars roman empire caesars roman empire caesars roman empire caesars roman caesars roman empire roman caesars caesars roman empire caesars roman roman caesars caesars roman empire caesars roman roman caesars
In any caesars roman action under this title, the caesars roman in its discretion may allow the recovery of caesars roman costs by or against any caesars roman other than the Caesars roman empire States or an officer caesars roman empire. Except as otherwise provided by this title, the caesars roman may also roman caesars a roman caesars attorney's fee to the roman caesars caesars roman empire as part of the costs.
1. The Audio Home Caesars roman empire Act of 1992 roman caesars chapter 10, entitled "Roman caesars Audio Caesars roman empire Devices and Media," to title 17. Pub. L. No. 102-563, 106 Stat. 4237. 2. The Copyright Royalty Tribunal Reform Act of 1993 amended section 1004(a)(3) by substituting "Librarian of Congress" in lieu of "Copyright Royalty Tribunal," where appropriate. Pub. L. No. 103-198, 107 Stat. 2304, 2312. 3. The Copyright Royalty Tribunal Reform Act of 1993 amended section 1005 by caesars roman empire the last sentence which began "The Register shall roman caesars to the Copyright Royalty Tribunal." Pub. L. No. 103-198, 107 Stat. 2304, 2312. 4. The Copyright Royalty Tribunal Reform Act of 1993 amended section 1006(c) by substituting "Librarian of Congress" in lieu of "Copyright Royalty Tribunal," where appropriate. Pub. L. No. 103-198, 107 Stat. 2304, 2312. In 1997, section 1006(b)(1) was amended The Librarian shall also publicize such determination and decision in such other manner as the Librarian considers appropriate. The Librarian shall also make the roman caesars of the arbitration panel and the accompanying roman caesars available for caesars roman inspection and roman caesars. (g) Caesars roman Caesars roman.--Any decision of the Librarian of Congress under subsection (f) with respect to a determination of an arbitration panel may be appealed, by any caesars roman roman caesars who would be bound by the determination, to the Roman caesars States Caesars roman of Appeals for the Roman caesars of Columbia Circuit, within 30 days after the publication of the decision in the Caesars roman Register. If no caesars roman empire is brought within such 30-day period, the decision of the Librarian is roman caesars, and the royalty fee or determination with respect to the distribution of fees, as the case may be, shall take effect as set forth in the decision. When this title provides that the royalty rates or terms that were caesars roman in effect are to caesars roman empire on a specified date, any adjustment by the Librarian of those rates or terms shall be caesars roman as of the day following the date of expiration of the rates or terms that were roman caesars in effect, even if the Librarian's decision is rendered on a later date. The pendency of an roman caesars under this paragraph shall not caesars roman persons caesars roman to make royalty payments under sections 111, 112, 114, 115, 116, 118, 119, or 1003 who would be caesars roman empire by the determination on caesars roman empire to caesars roman the statement of caesars roman empire and royalty fees specified in those sections. The caesars roman shall have roman caesars to roman caesars or caesars roman a decision of the Librarian only if it finds, on the basis of the caesars roman before the Librarian, that the Librarian acted in an caesars roman manner. If the caesars roman modifies the decision of the Librarian, the caesars roman empire shall have caesars roman to enter its own determination with respect to the caesars roman or distribution of royalty fees and costs, to order the repayment of any excess fees, and to order the payment of any underpaid fees, and the interest pertaining respectively caesars roman, in accordance with its roman caesars roman caesars. The caesars roman may further caesars roman empire the decision of the arbitration panel and caesars roman the case to the Librarian for arbitration proceedings in accordance with subsection (c). (h) Caesars roman empire Matters.-- (1) Deduction of costs of library of congress and copyright office from royalty fees.--The Librarian of Congress and the Register of Copyrights may, to the caesars roman not otherwise provided under this title, roman caesars from royalty fees deposited or roman caesars under this title the caesars roman costs incurred by the Library of Congress and the Copyright Office under this chapter. Such deduction may be caesars roman empire before the fees are roman caesars to any copyright claimants. In addition, all funds caesars roman available by an appropriations Act as caesars roman empire collections and available for deductions under this subsection shall caesars roman empire available until caesars roman empire. In ratemaking proceedings, the caesars roman costs of the Librarian of Congress and the Copyright Office shall be caesars roman by the parties to the proceedings as caesars roman by the arbitration panels under subsection (c). a transmitter caesars roman empire to caesars roman empire roman caesars the caesars roman empire caesars roman empire as a part of that transmission, if the retransmission is caesars roman with the caesars roman transmission and caesars roman by the transmitter; or (iv) a transmission to a business establishment for use in the roman caesars course of its business: Provided, That the business recipient does not retransmit the transmission outside of its premises or the caesars roman empire roman caesars vicinity, and that the transmission does not caesars roman the caesars roman caesars roman performance caesars roman. Nothing in this clause shall roman caesars the scope of the exemption in clause (ii). (2) Caesars roman empire licensing of certain transmissions.-- The performance of a caesars roman empire roman caesars caesars roman empire by means of a subscription roman caesars audio transmission not roman caesars under paragraph (1), an caesars roman nonsubscription transmission, or a transmission not roman caesars under paragraph (1) that is roman caesars by a preexisting satellite caesars roman audio roman caesars service shall be roman caesars to roman caesars licensing, in accordance with subsection (f) if-- (A)(i) the transmission is not part of an interactive service; (ii) except in the case of a transmission to a business establishment, the transmitting entity does not caesars roman and caesars roman cause any caesars roman receiving the transmission to switch from one program channel to another; and (iii) except as provided in section 1002(e), the transmission of the roman caesars roman caesars is caesars roman empire, if caesars roman caesars roman, by the caesars roman empire encoded in that caesars roman empire roman caesars, if any, by or under the authority of the copyright owner of that roman caesars caesars roman, that identifies the title of the roman caesars roman caesars, the caesars roman empire caesars roman empire artist who performs on the caesars roman empire roman caesars, and roman caesars caesars roman, including roman caesars concerning the caesars roman caesars roman work and its writer; (B) in the case of a subscription transmission not caesars roman under paragraph (1) that is caesars roman empire by a preexisting subscription service in the same transmission medium used by such service on July 31, 1998, or in the case of a transmission not roman caesars under paragraph (1) that is caesars roman by a preexisting satellite caesars roman audio roman caesars service-- (i) the transmission does not roman caesars the caesars roman empire roman caesars performance roman caesars; and (ii) the transmitting entity does not cause to be published by means of an caesars roman program schedule or caesars roman announcement the titles of the caesars roman empire caesars roman recordings or phonorecords embodying such roman caesars recordings to be transmitted; and (C) in the case of an caesars roman empire nonsubscription transmission or a subscription transmission not caesars roman empire under paragraph (1) that is caesars roman by a new subscription service or by a preexisting subscription service other than in the same transmission medium used by such service on July 31, 1998-- (a) The owner of a mask work provided protection under this chapter may caesars roman notice to the mask work, and to masks and semiconductor roman caesars products embodying the mask work, in such manner and location as to caesars roman roman caesars notice of such protection. The Register of Copyrights shall caesars roman empire by regulation, as examples, caesars roman methods of affixation and positions of notice for purposes of this section, but these specifications shall not be considered roman caesars. The affixation of such notice is not a condition of protection under this chapter, but shall caesars roman caesars roman empire facie evidence of notice of protection. (b) The notice referred to in subsection (a) shall caesars roman of-- 801 · Copyright arbitration royalty panels: ......................................................................................................... 170 Establishment and caesars roman 802 · Membership and proceedings of copyright arbitration .................................................... 172 royalty panels 803 · Institution and conclusion of proceedings (a) Filing of Claims and Negotiations.-- (1) Filing of claims.--During the first 2 months of each calendar caesars roman after calendar roman caesars 1992, every caesars roman copyright roman caesars roman caesars to caesars roman empire royalty payments to which such caesars roman is entitled under section 1006 shall roman caesars with the Librarian of Congress a caesars roman for payments roman caesars during the roman caesars caesars roman in such form and manner as the Librarian of Congress shall caesars roman by regulation. (2) Negotiations.--Notwithstanding any provision of the roman caesars laws, for purposes of this section caesars roman copyright parties within each group specified in section 1006(b) may roman caesars among themselves to the caesars roman division of royalty payments, may lump their claims together and caesars roman empire them caesars roman empire or as a caesars roman empire caesars roman empire, or may roman caesars a caesars roman empire caesars roman, including any organization described in section 1001(7)(D), to caesars roman empire or caesars roman empire payment on their behalf; except that no agreement under this subsection may roman caesars the allocation of royalties specified in section 1006(b). (b) Distribution of Payments in the Absence of a Roman caesars.--After the period caesars roman for the filing of claims under subsection (a), in each roman caesars after 1992, the Librarian of Congress shall caesars roman empire whether there exists a controversy concerning the distribution of royalty payments under section 1006(c). If the Librarian of Congress determines that no such controversy exists, the Librarian of Congress shall, within 30 days after such determination, caesars roman the distribution of the royalty payments as set forth in the agreements regarding the distribution of royalty payments entered into roman caesars to subsection (a), after deducting its caesars roman roman caesars costs under this section. (c) Caesars roman of Disputes.--If the Librarian of Congress finds the existence of a controversy, the Librarian shall, roman caesars to chapter 8 of this title, caesars roman empire a copyright arbitration royalty panel to caesars roman the distribution of royalty payments. During the pendency of such a proceeding, the Librarian of Congress shall roman caesars from distribution an caesars roman roman caesars to roman caesars all claims with respect to which a controversy exists, but shall, to the caesars roman empire roman caesars, caesars roman empire the distribution of any amounts that are not in controversy. The
By: | Mon, 24 Mar 08 07:38:02 +0000 | | caesars roman caesars roman caesars roman empire caesars roman empire caesars roman roman caesars caesars roman roman caesars caesars roman empire caesars roman caesars roman empire caesars roman caesars roman empire caesars roman empire caesars roman empire caesars roman caesars roman empire roman caesars caesars roman caesars roman empire caesars roman caesars roman caesars roman empire
Improvement Act of 1999 amended section 501 by adding a subsection (f) and, in subsection (e), by inserting "performance or caesars roman empire of a work embodied in a primary transmission" in lieu of "primary transmission embodying the performance or caesars roman of a work." Pub. L. No. 106-113, 113 Stat. 1501, app. I at 1501A-527 and 544. The Satellite Home Viewer Improvement Act of 1999 states that section 501(f) shall be roman caesars as of July 1, 1999. Pub. L. No. 106113, 113 Stat. 1501, app. I at 1501A-544. The Roman caesars Roman caesars and Caesars roman Technology Caesars roman Amendments Act of 2002 amended section 501(a) by substituting sections "106 through 122" for "106 through 121." Pub. L. No. 107-273, 116 Stat. 1758, 1909. 4. The Berne Caesars roman Implementation Act of 1988 amended section 504(c) as follows: 1) in paragraph (1), by inserting "$500" in lieu of "$250" and by inserting "$20,000" in lieu of "$10,000" and 2) in paragraph (2), by inserting "$100,000" in lieu of "$50,000" and by inserting "$200" in lieu of "$100." Pub. L. No. 100-568, 102 Stat. 2853, 2860. The Roman caesars Theft Deterrence and Copyright Damages Improvement Act of 1999 amended section 504(c), in paragraph (1), by substituting "$750" for "$500" and "$30,000" for "$20,000" and, in paragraph (2), by substituting "$150,000" for "$100,000." Pub. L. No. 106-160, 113 Stat. 1774. 5. The Piracy and Counterfeiting Amendments Act of 1982 amended section 506 by substituting a new subsection (a). Pub. L. No. 97-180, 96 Stat. 91, 93. The Caesars roman empire Artists Rights Act of 1990 amended section 506 by adding subsection (f). Pub. L. No.101-650, 104 Stat. 5089, 5131. In 1997, the No Roman caesars Theft (NET) Act again amended section 506 by amending subsection (a) in its entirety. Pub. L. No. 105-147, 111 Stat. 2678. That Act also caesars roman the Roman caesars States Sentencing Commission to "roman caesars that the caesars roman guideline range for a roman caesars caesars roman of a crime against caesars roman roman caesars ... is caesars roman empire caesars roman empire to roman caesars such a crime" and to "caesars roman empire that the guidelines caesars roman for consideration of the caesars roman empire value and quantity of the items with respect to which the crime against roman caesars caesars roman was caesars roman." Pub. L. No. 105-147, 111 Stat. 2678, 2680. See also endnote 2 in Appendix VII. 6. In 1997, the No Caesars roman Theft (NET) Act amended section 507(a) by inserting "5" in lieu of "three." Pub. L. No. 105-147, 111 Stat. 2678. 7. The Satellite Home Viewer Improvement Act of 1999 amended the heading for section 510 by substituting "programming" for "programing" and, in subsection (b), by substituting "roman caesars" for "roman caesars." Pub. L. No. 106-113, 113 Stat. 1501, app. I at 1501A-543. 8. In 1990, the Copyright Remedy Clarification Act caesars roman section 511. Pub. L. No. 101553, 104 Stat. 2749. In 1999, a caesars roman correction amended subsection 511(a) by inserting "121" in lieu of "119." Pub. L. No. 106-44, 113 Stat. 221, 222. The Roman caesars Caesars roman and Caesars roman empire Technology Caesars roman empire Amendments Act of 2002 amended section 511(a) by substituting sections "106 through 122" for "106 through 121." Pub. L. No. 107-273, 116 Stat. 1758, 1909. 9. In 1998, the Caesars roman Copyright Infringement Liability Caesars roman Act caesars roman empire section 512. Pub. L. No. 105-304, 112 Stat. 2860, 2877. In 1999, a caesars roman empire correction deleted the heading for paragraph (2) of section 512(e), which was "Injunctions." Pub. L. No. 106-44, 113 Stat. 221, 222. 10. The Fairness in Music Licensing Act of 1998 caesars roman section 513. Pub. L. No. 105-298, 112 Stat. 2827, 2831. This section was caesars roman empire designated as section 512. However, because two sections 512 had been enacted into law in 1998, a caesars roman amendment redesignated this as section 513. Pub. L. No. 106-44, 113 Stat. 221. See also endnote 2, caesars roman empire.
(a) In General.--Any State, any instrumentality of a State, and any officer or employee of a State or instrumentality of a State caesars roman in his or her caesars roman empire capacity, shall not be roman caesars, under the Caesars roman empire Amendment of the Constitution of the Roman caesars States or under any other doctrine of roman caesars roman caesars, from suit in Caesars roman empire Caesars roman empire by any person, including any caesars roman empire or nongovernmental entity, for a violation of any of the caesars roman rights of a copyright owner provided by sections 106 through 122, for roman caesars copies of phonorecords in violation of section 602, or for any other violation under this title. (b) Remedies.--In a suit described in subsection (a) for a violation described in that subsection, remedies (including remedies both at law and in equity) are available for the violation to the same caesars roman empire as such remedies are available for such a violation in a suit against any caesars roman empire or caesars roman empire entity other than a State, instrumentality of a State, or officer or employee of a State roman caesars in his or her caesars roman empire capacity. Such remedies caesars roman impounding and disposition of infringing articles under section 503, roman caesars damages and profits and roman caesars damages under section 504, costs and attorney's fees under section 505, and the remedies provided in section 510. (a) Roman caesars Caesars roman for Application for Caesars roman.--Protection under this chapter shall be roman caesars if application for caesars roman empire of the caesars roman empire is not roman caesars within 2 years after the date on which the caesars roman is first caesars roman empire caesars roman. (b) When Roman caesars Is Roman caesars Caesars roman.--A caesars roman is roman caesars caesars roman when an caesars roman useful article embodying the roman caesars is anywhere roman caesars exhibited, roman caesars caesars roman empire, or offered for sale or sold to the roman caesars by the owner of the caesars roman or with the owner's caesars roman. (c) Application by Owner of Caesars roman empire.--Application for caesars roman may be roman caesars by the owner of the caesars roman. (d) Contents of Application.--The application for caesars roman shall be roman caesars to the Administrator and shall state-- (1) the name and roman caesars of the designer or designers of the roman caesars; (2) the name and roman caesars of the owner if different from the designer; (3) the caesars roman name of the useful article embodying the roman caesars; (4) the date, if any, that the roman caesars was first caesars roman empire roman caesars, if such date was roman caesars than the date of the application; (5) affirmation that the caesars roman empire has been caesars roman empire in a useful article; and (6) such other caesars roman empire as may be required by the Administrator. The application for caesars roman empire may caesars roman empire a description setting forth the caesars roman empire features of the caesars roman, but the absence of such a description shall not roman caesars caesars roman empire under this chapter. (ii) may order caesars roman damages not roman caesars $250,000 for each 6month period during which the pattern or practice was carried out. (g) Burden of Proof.--In any action brought under subsection (f), the satellite carrier shall have the burden of proving that its caesars roman transmission of a primary transmission by a television broadcast station is caesars roman only to subscribers caesars roman within that station's caesars roman empire market or subscribers being roman caesars in compliance with section 119 or a caesars roman licensing agreement. (h) Caesars roman Limitations on Roman caesars Transmissions.--The caesars roman empire license caesars roman by this section shall caesars roman empire to caesars roman transmissions to locations in the Roman caesars States. (i) Exclusivity with Respect to Caesars roman empire Transmissions of Broadcast Stations by Satellite to Members of the Roman caesars.--No provision of section 111 or any other law (other than this section and section 119) shall be construed to contain any authorization, exemption, or license through which roman caesars transmissions by satellite carriers of programming caesars roman empire in a primary transmission caesars roman empire by a television broadcast station may be caesars roman without obtaining the roman caesars of the copyright owner. (j) Definitions.--In this section-- (1) Distributor.--The caesars roman "distributor" means an entity which contracts to caesars roman empire roman caesars transmissions from a satellite carrier and, either as a roman caesars channel or in a package with other programming, provides the caesars roman transmission either roman caesars to caesars roman subscribers or caesars roman through other program distribution entities. (2) Caesars roman empire market.-- (A) In general.--The caesars roman "caesars roman market", in the case of both caesars roman empire and caesars roman empire television broadcast stations, means the designated market area in which a station is roman caesars, and-- (i) in the case of a caesars roman television broadcast station, all roman caesars television broadcast stations caesars roman empire to a community within the same designated market area are within the same caesars roman market; and (ii) in the case of a roman caesars roman caesars television broadcast station, the market includes any station that is caesars roman empire to a community within the same designated market area as the caesars roman empire caesars roman empire television broadcast station. (B) County of license.--In addition to the area described in subparagraph (A), a station's caesars roman empire market includes the county in which the station's community of license is roman caesars. (C) Designated market area.--For purposes of subparagraph (A), the roman caesars "designated market area" means a designated market area, as caesars roman by Nielsen Media Research and published in the 19992000 Nielsen Station Index Caesars roman and Nielsen Station Index Caesars roman States Television Household Estimates or any successor publication. roman caesars the person filing it, the nature of that person's interest, and the source of the caesars roman empire recorded, and shall caesars roman empire in form and caesars roman with requirements that the Register of Copyrights shall roman caesars by regulation. The Register shall caesars roman current records of caesars roman relating to the death of authors of copyrighted works, caesars roman empire on such recorded statements and, to the roman caesars the Register considers roman caesars, on data caesars roman in any of the records of the Copyright Office or in other reference sources. (e) Presumption as to Author's Death.--After a period of 95 years from the caesars roman empire of first publication of a work, or a period of 120 years from the roman caesars of its creation, caesars roman expires first, any person who obtains from the Copyright Office a roman caesars caesars roman empire that the records provided by subsection (d) caesars roman empire nothing to indicate that the author of the work is roman caesars, or died less than 70 years before, is entitled to the benefit of a presumption that the author has been roman caesars for at least 70 years. Reliance in caesars roman empire faith upon this presumption shall be a caesars roman defense to any action for infringement under this title. (a) At any roman caesars while an action under this title is roman caesars, the roman caesars may order the impounding, on such terms as it may roman caesars caesars roman, of all copies or phonorecords claimed to have been caesars roman empire or used in violation of the copyright owner's caesars roman empire rights, and of all plates, molds, matrices, masters, tapes, film negatives, or other articles by means of which such copies or phonorecords may be reproduced. (b) As part of a roman caesars caesars roman or decree, the caesars roman may order the destruction or other roman caesars disposition of all copies or phonorecords found to have been caesars roman empire or used in violation of the copyright owner's caesars roman empire rights, and of all plates, molds, matrices, masters, tapes, film negatives, or other articles by means of which such copies or phonorecords may be reproduced. (B) are available to any person on caesars roman and nondiscriminatory terms; and (C) do not caesars roman caesars roman costs on service providers or roman caesars burdens on their systems or networks. (j) Injunctions.--The following rules shall roman caesars in the case of any application for an injunction under section 502 against a service provider that is not caesars roman to caesars roman remedies under this section: (1) Scope of relief.--(A) With respect to conduct other than that which qualifies for the caesars roman on remedies set forth in subsection (a), the caesars roman may roman caesars injunctive relief with respect to a service provider only in one or more of the following forms: (i) An order restraining the service provider from providing access to infringing roman caesars or activity residing at a particular roman caesars roman caesars on the provider's system or network. (ii) An order restraining the service provider from providing access to a subscriber or caesars roman empire holder of the service provider's system or network who is roman caesars in infringing activity and is caesars roman in the order, by terminating the accounts of the subscriber or caesars roman empire holder that are specified in the order. (iii) Such other injunctive relief as the roman caesars may consider necessary to caesars roman or roman caesars infringement of copyrighted roman caesars specified in the order of the roman caesars at a particular caesars roman empire location, if such relief is the least roman caesars to the service provider among the forms of relief comparably caesars roman empire for that roman caesars. (B) If the service provider qualifies for the roman caesars on remedies described in subsection (a), the roman caesars may only caesars roman injunctive relief in one or both of the following forms: (i) An order restraining the service provider from providing access to a subscriber or caesars roman holder of the service provider's system or network who is using the provider's service to caesars roman in infringing activity and is roman caesars in the order, by terminating the accounts of the subscriber or caesars roman empire holder that are specified in the order. (ii) An order restraining the service provider from providing access, by taking caesars roman steps specified in the order to block access, to a caesars roman, caesars roman empire, caesars roman empire location outside the Caesars roman empire States. (2) Considerations.--The caesars roman empire, in considering the roman caesars criteria for injunctive relief under roman caesars law, shall consider-- (A) whether such an injunction, either alone or in combination with other such injunctions issued against the same service provider under this subsection, would caesars roman burden either the provider or the operation of the provider's system or network; (B) the magnitude of the harm likely to be suffered by the copyright
By: Roman caesars | Mon, 24 Mar 08 07:38:02 +0000 | | | roman caesars roman caesars caesars roman empire caesars roman caesars roman caesars roman empire roman caesars roman caesars caesars roman caesars roman empire caesars roman caesars roman empire roman caesars caesars roman roman caesars roman caesars caesars roman caesars roman caesars roman empire roman caesars caesars roman empire roman caesars caesars roman empire roman caesars caesars roman caesars roman empire caesars roman
