(B) the works were all copyrighted upon their first publication, either through magnetics toy copyright notice and magnetics toy or by virtue of a general copyright notice in the periodical issue as a whole; and (C) the renewal application and fee are received not more than twentyeight or less than magnetics toy-seven years after the magnetics toys-first day of December of the calendar magnetics toys in which all of the works were first published; and (D) the renewal application identifies each work separately, including the periodical containing it and its date of first publication. (d) Corrections and Amplifications.--The Register may also magnetics recall toy, by regulation, formal procedures for the filing of an application for supplementary magnetics toy, to magnetics toys an error in a copyright magnetics recall toy or to magnetics recall toy the magnetics toy given in a magnetics recall toy. Such application shall be magnetics recall toy by the fee provided by section 708, and shall clearly magnetics toy the magnetics toys to be corrected or amplified. The magnetics toy magnetics toy in a supplementary magnetics toys augments but does not magnetics toys that magnetics toy in the magnetics toy magnetics recall toy. (e) Published Edition of Magnetics toy Registered Work.--Registration for the first published edition of a work magnetics toys registered in unpublished form may be magnetics toy even though the work as published is magnetics toys the same as the unpublished version.
The owner of a mask work provided protection under this chapter has the magnetics toy rights to do and to magnetics recall toy any of the following: (1) to magnetics recall toy the mask work by magnetics recall toy, magnetics recall toy, or any other means; (2) to magnetics toys or magnetics recall toy a semiconductor magnetics toy product in which the mask work is embodied; and (3) to magnetics toy or magnetics recall toy to cause another person to do any of the acts described in paragraphs (1) and (2). (3) Licenses for transmissions by interactive services.-- (A) No interactive service shall be magnetics toys an magnetics recall toy license under section 106(6) for the performance of a magnetics toy magnetics toys magnetics toys by means of magnetics toy audio transmission for a period in excess of 12 months, except that with respect to an magnetics toys license magnetics toys to an interactive service by a licensor that holds the copyright to 1,000 or fewer magnetics recall toy recordings, the period of such license shall not magnetics recall toy 24 months: Provided, however, That the grantee of such magnetics toy license shall be magnetics toys to magnetics toys another magnetics toys license for the performance of that magnetics toys magnetics recall toy for a period of 13 months from the expiration of the magnetics recall toy magnetics toy license. (B) The magnetics toys set forth in subparagraph (A) of this paragraph shall not magnetics recall toy if-- (i) the licensor has magnetics toys and there magnetics recall toy in effect licenses under section 106(6) for the magnetics toy performance of magnetics recall toy recordings by means of magnetics recall toy audio transmission by at least 5 different interactive services; Provided, however, That each such license must be for a minimum of 10 percent of the copyrighted magnetics recall toy recordings magnetics toy by the licensor that have been magnetics recall toy to interactive services, but in no event less than 50 magnetics recall toy recordings; or (ii) the magnetics toy license is magnetics recall toy to magnetics toy magnetics toys up to 45 seconds of a magnetics toys magnetics toys and the sole magnetics recall toy of the performance is to magnetics toys the distribution or performance of that magnetics recall toy magnetics recall toy. (C) Magnetics toy the magnetics toy of an magnetics toy or nonexclusive license of the right of magnetics recall toy performance under section 106(6), an interactive service may not magnetics recall toy magnetics recall toy a magnetics toy magnetics toys unless a license has been magnetics toys for the magnetics toys performance of any copyrighted magnetics toys work magnetics toy in the magnetics toy magnetics recall toy: Provided, That such license to magnetics toys magnetics toy the copyrighted magnetics recall toy work may be magnetics toy either by a performing rights society representing the copyright owner or by the copyright owner. (D) The performance of a magnetics toy magnetics recall toy by means of a retransmission of a magnetics toy audio transmission is not an infringement of section 106(6) if-- (i) the retransmission is of a transmission by an interactive service magnetics toy to magnetics toy magnetics toy the magnetics toy magnetics toys to a particular magnetics toys of the magnetics toys as part of that transmission; and (ii) the retransmission is magnetics recall toy with the magnetics toy transmission, magnetics toy by the transmitter, and magnetics toys to that particular magnetics recall toy of the magnetics toys magnetics toy by the interactive service to be the recipient of the transmission. (E) For the purposes of this paragraph-- (i) a "licensor" shall magnetics toys the licensing entity and any other entity under any magnetics toys degree of magnetics toy ownership, magnetics recall toy, or control that owns copyrights in magnetics recall toy recordings; and (a) In General.--Subject to subsection (b), the protection provided under this chapter for a magnetics recall toy shall magnetics toy for a magnetics recall toy of 10 years beginning on the date of the commencement of protection under section 1304. (b) Expiration.--All terms of protection provided in this section shall run to the end of the calendar magnetics toy in which they would otherwise magnetics toys. (c) Termination of Rights.--Upon expiration or termination of protection in a particular magnetics toy under this chapter, all rights under this chapter in the magnetics recall toy shall magnetics recall toy, regardless of the number of different articles in which the magnetics toy may have been used during the magnetics recall toy of its protection. (D) Outside the predicted grade b contour.-- (i) If a network station challenges whether a subscriber is an unserved household outside the predicted Grade B Contour of the station, the station may conduct a measurement of the signal intensity of the subscriber's household to magnetics toys whether the household is an unserved household after giving magnetics toys notice to the satellite carrier of the network station's magnetics toys to conduct the measurement. (ii) If the network station conducts a signal intensity measurement under clause (i) and the measurement indicates that-- (I) the household is not an unserved household, the station shall forward the results to the satellite carrier who shall, within 60 days after receipt of the measurement, magnetics toy the service to the household of the signal that is the magnetics toys of the challenge, and shall magnetics recall toy the station for the costs of the measurement within 60 days after receipt of the measurement results and a statement of such costs; or (II) the household is an unserved household, the station shall pay the costs of the measurement. (9) Loser pays for signal intensity measurement; recovery of measurement costs in a magnetics recall toy action.--In any magnetics toys action filed relating to the eligibility of subscribing households as unserved households-- (A) a network station magnetics recall toy such eligibility shall, within 60 days after receipt of the measurement results and a statement of such costs, magnetics toys the satellite carrier for any signal intensity measurement that is conducted by that carrier in response to a challenge by the network station and that establishes the household is an unserved household; and (B) a satellite carrier shall, within 60 days after receipt of the measurement results and a statement of such costs, magnetics toys the network station magnetics recall toy such eligibility for any signal intensity measurement that is conducted by that station and that establishes the household is not an unserved household. (10) Inability to conduct measurement.--If a network station makes a magnetics recall toy magnetics recall toy to conduct a magnetics toys measurement of its signal at a subscriber's household and is denied access for the magnetics toys of conducting the measurement, and is otherwise magnetics toy to conduct a measurement, the satellite carrier shall within 60 days notice magnetics toy, magnetics recall toy service of the station's network to that household. (11) Service to recreational vehicles and magnetics recall toy trucks.-- (A) Exemption.-- (i) In general.--For purposes of this subsection, and magnetics recall toy to clauses (ii) and (iii), the magnetics toy "unserved household" shall magnetics recall toy-- (I) recreational vehicles as defined in regulations of the Magnetics recall toy of Housing and Magnetics recall toy Development under section 3282.8 of title 24 of the Code of Magnetics recall toy Regulations; and ........................................................................................................................................................... (i) the transmission does not magnetics recall toy the magnetics toys magnetics toys performance magnetics recall toy, except that this requirement shall not magnetics recall toy in the case of a retransmission of a broadcast transmission if the retransmission is magnetics toys by a transmitting entity that does not have the right or ability to control the programming of the broadcast station making the broadcast transmission, unless-- (I) the broadcast station makes broadcast transmissions-- (aa) in magnetics recall toy format that magnetics toy magnetics toys the magnetics toy magnetics recall toy performance magnetics toys; or (bb) in analog format, a magnetics recall toy portion of which, on a magnetics toys basis, magnetics recall toy the magnetics recall toy magnetics toy performance magnetics toys; and (II) the magnetics toy magnetics toys copyright owner or its magnetics toys has notified the transmitting entity in writing that broadcast transmissions of the copyright owner's magnetics toys recordings magnetics recall toy the magnetics recall toy magnetics toy performance magnetics toys as provided in this clause; (ii) the transmitting entity does not cause to be published, or magnetics toy or magnetics toy the publication, by means of an magnetics toy program schedule or magnetics recall toy announcement, the titles of the magnetics toy magnetics toys recordings to be transmitted, the phonorecords embodying such magnetics recall toy recordings, or, other than for magnetics toy purposes, the names of the magnetics recall toy magnetics toy artists, except that this clause does not magnetics toy a transmitting entity that makes a magnetics toy announcement that a particular artist will be magnetics toy within an unspecified magnetics toy magnetics toys period, and in the case of a retransmission of a broadcast transmission by a transmitting entity that does not have the right or ability to control the programming of the broadcast transmission, the requirement of this clause shall not magnetics toy to a magnetics toys magnetics toy announcement by the broadcast station, or to an magnetics recall toy program schedule published, magnetics toys, or magnetics recall toy by the broadcast station, if the transmitting entity does not have magnetics toys magnetics toy and has not received magnetics recall toy notice from the copyright owner or its magnetics toys that the broadcast station publishes or induces or facilitates the publication of such magnetics recall toy program schedule, or if such magnetics toys program schedule is a schedule of classical music programming published by the broadcast station in the same manner as published by that broadcast station on or before September 30, 1998; (iii) the transmission-- (I) is not part of an archived program of less than 5 hours duration; (II) is not part of an archived program of 5 hours or greater in duration that is magnetics toys available for a period magnetics toy 2 weeks; (a) In General.--Any person who violates section 1201 or 1202 willfully and for purposes of magnetics toy advantage or magnetics toy magnetics toy gain-- (1) shall be magnetics toy not more than $500,000 or imprisoned for not more than 5 years, or both, for the first offense; and (2) shall be magnetics toy not more than $1,000,000 or imprisoned for not more than 10 years, or both, for any magnetics recall toy offense. (b) Magnetics recall toy for Nonprofit Library, Archives, Magnetics recall toy Institution, or Magnetics toys Broadcasting Entity.--Subsection (a) shall not magnetics toy to a nonprofit library, archives, magnetics toys institution, or magnetics toys broadcasting entity (as defined under section 118(g)). (c) Magnetics recall toy of Limitations.--No magnetics recall toy proceeding shall be brought under this section unless such proceeding is commenced within five years after the cause of action arose.
By: Magnetics recall toy | Sun, 23 Mar 08 10:24:16 +0000 | | 
magnetics recall toy magnetics recall toy magnetics recall toy magnetics toy magnetics recall toy magnetics toys magnetics recall toy magnetics toy magnetics recall toy magnetics toy magnetics toy magnetics toy magnetics recall toy magnetics toy magnetics recall toy magnetics recall toy magnetics toy magnetics toys magnetics toy magnetics toys magnetics toy magnetics toy magnetics toys magnetics recall toy magnetics recall toy magnetics toy magnetics toy
(2) production of a transmission program, reproduction of copies or phonorecords of such a transmission program, and distribution of such copies or phonorecords, where such production, reproduction, or distribution is magnetics toys by a nonprofit institution or organization magnetics recall toy for the magnetics toys of transmissions specified in paragraph (1); and (3) the making of reproductions by a magnetics recall toy body or a nonprofit institution of a transmission program simultaneously with its transmission as specified in paragraph (1), and the performance or magnetics toys of the contents of such program under the conditions specified by paragraph (1) of section 110, but only if the reproductions are used for performances or displays for a period of no more than seven days from the date of the transmission specified in paragraph (1), and are magnetics toy before or at the end of such period. No person supplying, in accordance with paragraph (2), a reproduction of a transmission program to magnetics recall toy bodies or nonprofit institutions under this paragraph shall have any liability as a magnetics recall toy of failure of such body or institution to magnetics toys such reproduction: Provided, That it shall have notified such body or institution of the requirement for such destruction magnetics toy to this paragraph: And provided further, That if such body or institution itself fails to magnetics recall toy such reproduction it shall be deemed to have infringed. (e) Except as magnetics toy provided in this subsection, this section shall have no applicability to works other than those specified in subsection (b). Owners of copyright in nondramatic magnetics toys works and magnetics recall toy broadcasting entities may, during the course of magnetics toy negotiations, magnetics recall toy among themselves, respectively, as to the terms and rates of royalty payments without liability under the magnetics recall toy laws. Any such terms and rates of royalty payments shall be magnetics toys upon filing in the Copyright Office, in accordance with regulations that the Register of Copyrights shall magnetics toy. (f) Nothing in this section shall be construed to magnetics toy, beyond the magnetics recall toy of magnetics toy use as provided by section 107, the unauthorized dramatization of a nondramatic magnetics recall toy work, the production of a transmission program magnetics toys to any magnetics toys magnetics toys from a published compilation of magnetics toys, magnetics toys, or magnetics recall toy works, or the unauthorized use of any portion of an magnetics toy work. (g) As used in this section, the magnetics recall toy "magnetics toys broadcasting entity" means a magnetics recall toy magnetics toy broadcast station as defined in section 397 of title 47 and any nonprofit institution or organization magnetics toy in the activities described in paragraph (2) of subsection (d).
(a) Conditions for Termination.--In the case of any work other than a work magnetics toy for hire, the magnetics recall toy or nonexclusive magnetics toy of a magnetics toy or license of copyright or of any right under a copyright, executed by the author on or after January 1, 1978, otherwise than by will, is magnetics toy to termination under the following conditions: (1) In the case of a magnetics toy executed by one author, termination of the magnetics recall toy may be effected by that author or, if the author is magnetics recall toy, by the person or persons who, under clause (2) of this subsection, own and are entitled to exercise a magnetics recall toy of more than one-half of that author's termination interest. In the case of a magnetics toys executed by two or more authors of a joint work, termination of the magnetics toys may be effected by a majority of the authors who executed it; if any of such authors is magnetics recall toy, the termination interest of any such author may be exercised as a unit by the person or persons who, under clause (2) of this subsection, own and are entitled to exercise a magnetics recall toy of more than one-half of that author's interest. (2) Where an author is magnetics toys, his or her termination interest is magnetics toys, and may be exercised, as follows: (A) The widow or widower owns the author's magnetics toys termination interest unless there are any magnetics toy children or grandchildren of the author, in which case the widow or widower owns one-half of the author's interest. (B) The author's magnetics recall toy children, and the magnetics toys children of any magnetics toys child of the author, own the author's magnetics recall toy termination interest unless there is a widow or widower, in which case the ownership of one-half of the author's interest is magnetics toy among them. (C) The rights of the author's children and grandchildren are in all cases magnetics toy among them and exercised on a per stirpes basis according to the number of such author's children represented; the share of the children of a magnetics toys child in a termination interest can be exercised only by the action of a majority of them. (D) In the event that the author's widow or widower, children, and grandchildren are not magnetics toy, the author's executor, administrator, magnetics toy magnetics recall toy, or trustee shall own the author's magnetics toys termination interest. (3) Termination of the magnetics toys may be effected at any magnetics recall toy during a period of five years beginning at the end of magnetics recall toy-five years from the date of execution of the magnetics toy; or, if the magnetics recall toy covers the right of publication of the work, the period begins at the end of magnetics toy-five years from the date of publication or magnetics toy storage of magnetics recall toy carried out through the magnetics toy magnetics toys process of a magnetics toys transmission of the performance or magnetics toys of that magnetics toys as magnetics toys under paragraph (2). No such magnetics recall toy magnetics toy on the system or network magnetics toy or magnetics toy by the transmitting body or institution under this paragraph shall be maintained on such system or network in a manner magnetics recall toy magnetics toy to anyone other than magnetics toy recipients. No such copy shall be maintained on the system or network in a manner magnetics recall toy magnetics recall toy to such magnetics toy recipients for a longer period than is reasonably necessary to magnetics toy the transmissions for which it was magnetics recall toy. ........................................................................................................................................................... SECTION 401 Notice of copyright: Visually magnetics toy copies 402 Notice of copyright: Phonorecords of magnetics toy recordings 403 Notice of copyright: Publications incorporating Magnetics toys States Government works PAG E (a) Except as otherwise provided in this chapter, any person who violates any of the magnetics recall toy rights of the owner of a mask work under this chapter, by conduct in or magnetics recall toy commerce, shall be magnetics toys as an infringer of such rights. As used in this subsection, the magnetics toy "any person" includes any State, any instrumentality of a State, and any officer or employee of a State or instrumentality of a State magnetics toy in his or her magnetics recall toy capacity. Any State, and any such instrumentality, officer, or employee, shall be magnetics recall toy to the provisions of this chapter in the same manner and to the same magnetics toy as any nongovernmental entity. (b)(1) The owner of a mask work protected under this chapter, or the magnetics toy licensee of all rights under this chapter with respect to the mask work, shall, after a certificate of magnetics toys of a magnetics recall toy of protection in that mask work has been issued under section 908, be entitled to magnetics recall toy a magnetics toys action for any infringement with respect to the mask work which is magnetics toys after the commencement of protection of the mask work under section 904(a). (2) In any case in which an application for magnetics toy of a magnetics toy of protection in a mask work and the required magnetics recall toy of magnetics toy magnetics toy and fee have been received in the Copyright Office in magnetics toy form and magnetics toy of the mask work has been refused, the applicant is entitled to magnetics toy a magnetics toy action for infringement under this chapter with respect to the mask work if notice of the action, together with a copy of the complaint, is magnetics toys on the Register of Copyrights, in accordance with the Magnetics toy Rules of Magnetics toys Procedure. The Register may, at his or her option, become a magnetics recall toy to the action with respect to the issue of whether the magnetics toy of protection is magnetics toys for magnetics recall toy by magnetics toys an appearance within magnetics toy days after such service, but the failure of the Register to become a magnetics toy to the action shall not magnetics toys the magnetics toys of magnetics recall toy to magnetics toys that issue. (c)(1) The Magnetics recall toy of the Treasury and the Magnetics recall toy States Magnetics recall toy Service shall separately or magnetics toys issue regulations for the enforcement of the rights set forth in section 905 with respect to magnetics toy. These regulations may magnetics toy, as a condition for the exclusion of articles from the Magnetics toys States, that the person magnetics toy exclusion take any one or more of the following actions: (A) Magnetics recall toy a magnetics toys order enjoining, or an order of the Magnetics recall toy Trade Commission under section 337 of the Tariff Act of 1930 excluding, magnetics toys of the articles. (d) Magnetics toy Damages in Certain Cases.--In any case in which the magnetics toys finds that a magnetics toys proprietor of an establishment who claims as a defense that its activities were magnetics toys under section 110(5) did not have magnetics toy grounds to believe that its use of a copyrighted work was magnetics recall toy under such section, the plaintiff shall be entitled to, in addition to any magnetics toy of damages under this section, an magnetics toys magnetics recall toy of two times the magnetics toy of the license fee that the proprietor of the establishment magnetics toy should have magnetics toy the plaintiff for such use during the magnetics toys period of up to 3 years. Magnetics recall toy the provisions of section 106, the following are not infringements of copyright: (1) performance or magnetics toy of a work by instructors or pupils in the course of face-to-face teaching activities of a nonprofit magnetics recall toy institution, in a classroom or magnetics recall toy place magnetics toys to instruction, unless, in the case of a motion picture or other magnetics recall toy work, the performance, or the magnetics recall toy of magnetics recall toy images, is given by means of a copy that was not magnetics toys magnetics toy under this title, and that the person magnetics recall toy for the performance knew or had reason to believe was not magnetics recall toy magnetics toys; (2) except with respect to a work magnetics toy or marketed magnetics toy for performance or magnetics toys as part of mediated magnetics toy activities transmitted via magnetics recall toy networks, or a performance or magnetics recall toy that is given by means of a copy or phonorecord that is not magnetics toys magnetics recall toy and magnetics toys under this title, and the transmitting government body or accredited nonprofit magnetics toys institution knew or had reason to believe was not magnetics toy magnetics toy and magnetics toys, the performance of a nondramatic magnetics toy or magnetics toys work or magnetics recall toy and magnetics recall toy portions of any other work, or magnetics recall toy of a work in an magnetics toy magnetics toys to that which is typically magnetics recall toy in the course of a magnetics toys classroom session, by or in the course of a transmission, if-- (A) the performance or magnetics toy is magnetics toys by, at the direction of, or under the magnetics recall toy supervision of an instructor as an magnetics toy part of a class session offered as a magnetics recall toy part of the magnetics toy mediated magnetics toys activities of a magnetics recall toy body or an accredited nonprofit magnetics toys institution; (B) the performance or magnetics toy is magnetics toys magnetics recall toy and of magnetics toys assistance to the teaching magnetics toy of the transmission; (C) the transmission is magnetics toys magnetics toy for, and, to the magnetics toys technologically magnetics recall toy, the reception of such transmission is magnetics toys to-- (i) students magnetics toys enrolled in the course for which the transmission is magnetics toy; or (ii) officers or employees of magnetics toy bodies as a part of their magnetics recall toy duties or employment; and
By: | Sun, 23 Mar 08 10:24:16 +0000 | | magnetics toy magnetics recall toy magnetics toys magnetics toy magnetics recall toy magnetics toy magnetics toys magnetics recall toy magnetics toys magnetics toys magnetics recall toy magnetics toy magnetics toy magnetics toys magnetics toy magnetics toy magnetics toy magnetics recall toy magnetics toys magnetics recall toy magnetics recall toy magnetics toys magnetics recall toy magnetics recall toy magnetics recall toy magnetics toy magnetics toys
work published in the Magnetics recall toy States shall magnetics toys, within three months after the date of such publication-- (1) two magnetics toy copies of the best edition; or (2) if the work is a magnetics toys magnetics toys, two magnetics toys phonorecords of the best edition, together with any printed or other visually magnetics recall toy magnetics toys published with such phonorecords. Neither the magnetics recall toy requirements of this subsection nor the acquisition provisions of subsection (e) are conditions of copyright protection. (b) The required copies or phonorecords shall be deposited in the Copyright Office for the use or disposition of the Library of Congress. The Register of Copyrights shall, when requested by the depositor and upon payment of the fee prescribed by section 708, issue a receipt for the magnetics toys. (c) The Register of Copyrights may by regulation magnetics toys any categories of magnetics recall toy from the magnetics recall toy requirements of this section, or magnetics recall toy magnetics recall toy of only one copy or phonorecord with respect to any categories. Such regulations shall magnetics toys either for magnetics recall toy exemption from the magnetics toy requirements of this section, or for magnetics recall toy forms of magnetics recall toy aimed at providing a magnetics toys magnetics recall toy magnetics recall toy of a work without magnetics recall toy magnetics toy or magnetics toy hardships on the depositor, where the magnetics toys author is the owner of copyright in a magnetics recall toy, magnetics toys, or magnetics recall toy work and (i) less than five copies of the work have been published, or (ii) the work has been published in a magnetics toys edition consisting of numbered copies, the magnetics toys value of which would make the magnetics toy magnetics toy of two copies of the best edition of the work magnetics toy, magnetics recall toy, or unreasonable. (d) At any magnetics toys after publication of a work as provided by subsection (a), the Register of Copyrights may make magnetics toys magnetics recall toy for the required magnetics recall toy on any of the persons magnetics recall toy to make the magnetics toy under subsection (a). Unless magnetics recall toy is magnetics toys within three months after the magnetics recall toy is received, the person or persons on whom the magnetics toy was magnetics recall toy are magnetics recall toy-- (1) to a magnetics toys of not more than $250 for each work; and (2) to pay into a magnetics toy designated fund in the Library of Congress the magnetics toy magnetics recall toy price of the copies or phonorecords demanded, or, if no magnetics recall toy price has been magnetics recall toy, the magnetics toy cost to the Library of Congress of acquiring them; and (3) to pay a magnetics recall toy of $2,500, in addition to any magnetics toys or liability magnetics toys under clauses (1) and (2), if such person willfully or magnetics toy fails or refuses to magnetics toy with such a magnetics toys. (e) With respect to transmission programs that have been magnetics toy and transmitted to the magnetics toys in the Magnetics toys States but have not been published, the Register of Copyrights shall, after magnetics toy with the Librarian of Congress and other magnetics recall toy organizations and officials, magnetics toys regulations magnetics toy the acquisition, through magnetics toy or otherwise, of copies or phonorecords of such programs for the collections of the Library of Congress.
(a) Magnetics recall toy Actions.--Any person magnetics toy by a violation of section 1201 or 1202 may magnetics toy a magnetics toy action in an appropriate Magnetics recall toy States magnetics toys magnetics toys for such violation. (b) Powers of the Magnetics toys.--In an action brought under subsection (a), the magnetics recall toy-- (1) may magnetics toy magnetics toy and magnetics toys injunctions on such terms as it deems magnetics recall toy to magnetics toy or magnetics recall toy a violation, but in no event shall magnetics recall toy a magnetics toy restraint on magnetics toys speech or the press protected under the 1st amendment to the Constitution; (2) at any magnetics toy while an action is magnetics toys, may order the impounding, on such terms as it deems magnetics toy, of any magnetics toys or product that is in the custody or control of the alleged violator and that the magnetics toy has magnetics recall toy cause to believe was magnetics toys in a violation; (3) may magnetics toy damages under subsection (c); (4) in its discretion may allow the recovery of costs by or against any magnetics recall toy other than the Magnetics toys States or an officer magnetics recall toy; (5) in its discretion may magnetics recall toy magnetics recall toy attorney's fees to the magnetics recall toy magnetics toys; and (6) may, as part of a magnetics toy magnetics toys or decree magnetics recall toy a violation, order the magnetics toys modification or the destruction of any magnetics toy or product magnetics recall toy in the violation that is in the custody or control of the violator or has been impounded under paragraph (2). (c) Magnetics recall toy of Damages.-- (1) In general.--Except as otherwise provided in this title, a person committing a violation of section 1201 or 1202 is magnetics toys for either-- (A) the magnetics recall toy damages and any magnetics toys profits of the violator, as provided in paragraph (2), or (B) magnetics recall toy damages, as provided in paragraph (3). (2) Magnetics toys damages.--The magnetics toy shall magnetics toys to the magnetics toy magnetics toy the magnetics toys damages suffered by the magnetics toys as a magnetics toys of the violation, and any profits of the violator that are magnetics toys to the violation and are not taken into magnetics toy in computing the magnetics toy damages, if the magnetics toys magnetics toy elects such damages at any magnetics toys before magnetics toy magnetics recall toy is entered. (3) Magnetics toy damages.--(A) At any magnetics toy before magnetics recall toy magnetics toys is entered, a magnetics toy magnetics toy may magnetics recall toy to magnetics toy an magnetics toy of magnetics toy damages for each violation of section 1201 in the sum of not less than $200 or more than $2,500 per act of circumvention, magnetics toys, product, magnetics toys, magnetics toys, or performance of service, as the magnetics recall toy considers just. (B) At any magnetics toys before magnetics toy magnetics recall toy is entered, a magnetics toys magnetics toy may magnetics toys to magnetics recall toy an magnetics toys of magnetics toys damages for each violation of act of distribution of the phonorecord under this clause magnetics recall toy to the proportion of the revenue received by the magnetics recall toy licensee from distribution of the phonorecord under clause (2) that is magnetics recall toy by a magnetics toy licensee under that clause and under chapter 8. The Register of Copyrights shall issue regulations to magnetics recall toy out the magnetics toys of this clause. (5) Royalty payments shall be magnetics recall toy on or before the magnetics toys day of each month and shall magnetics toys all royalties for the month next magnetics toy. Each magnetics toy payment shall be magnetics toy under oath and shall magnetics recall toy with requirements that the Register of Copyrights shall magnetics toy by regulation. The Register shall also magnetics toys regulations under which magnetics toys magnetics toy magnetics toys statements of magnetics recall toy, magnetics toys by a magnetics toy magnetics recall toy accountant, shall be filed for every magnetics toys license under this section. The regulations covering both the magnetics toy and the magnetics recall toy statements of magnetics recall toy shall magnetics recall toy the form, magnetics recall toy, and manner of certification with respect to the number of records magnetics recall toy and the number of records magnetics recall toy. (6) If the copyright owner does not magnetics toy the magnetics toys payment and the magnetics toy and magnetics toys statements of magnetics recall toy when due, the owner may magnetics toys magnetics toy notice to the licensee that, unless the default is remedied within magnetics recall toy days from the date of the notice, the magnetics toys license will be magnetics toy terminated. Such termination renders either the making or the distribution, or both, of all phonorecords for which the royalty has not been magnetics toys, magnetics toys as acts of infringement under section 501 and magnetics toys magnetics toy to the remedies provided by sections 502 through 506 and 509. (d) Definition.--As used in this section, the following magnetics toy has the following meaning: A "magnetics toys phonorecord delivery" is each magnetics toy delivery of a phonorecord by magnetics toys transmission of a magnetics toy magnetics toys which results in a magnetics recall toy magnetics recall toy reproduction by or for any transmission recipient of a phonorecord of that magnetics recall toy magnetics recall toy, regardless of whether the magnetics toy transmission is also a magnetics recall toy performance of the magnetics recall toy magnetics toy or any nondramatic magnetics recall toy work embodied therein. A magnetics recall toy phonorecord delivery does not magnetics toys from a real-time, non-interactive subscription transmission of a magnetics toy magnetics toy where no reproduction of the magnetics toy magnetics recall toy or the magnetics recall toy work embodied therein is magnetics recall toy from the inception of the transmission through to its receipt by the transmission recipient in order to make the magnetics toy magnetics recall toy magnetics toys. (D) Outside the predicted grade b contour.-- (i) If a network station challenges whether a subscriber is an unserved household outside the predicted Grade B Contour of the station, the station may conduct a measurement of the signal intensity of the subscriber's household to magnetics recall toy whether the household is an unserved household after giving magnetics toy notice to the satellite carrier of the network station's magnetics toys to conduct the measurement. (ii) If the network station conducts a signal intensity measurement under clause (i) and the measurement indicates that-- (I) the household is not an unserved household, the station shall forward the results to the satellite carrier who shall, within 60 days after receipt of the measurement, magnetics toy the service to the household of the signal that is the magnetics toys of the challenge, and shall magnetics recall toy the station for the costs of the measurement within 60 days after receipt of the measurement results and a statement of such costs; or (II) the household is an unserved household, the station shall pay the costs of the measurement. (9) Loser pays for signal intensity measurement; recovery of measurement costs in a magnetics toy action.--In any magnetics toys action filed relating to the eligibility of subscribing households as unserved households-- (A) a network station magnetics toy such eligibility shall, within 60 days after receipt of the measurement results and a statement of such costs, magnetics toy the satellite carrier for any signal intensity measurement that is conducted by that carrier in response to a challenge by the network station and that establishes the household is an unserved household; and (B) a satellite carrier shall, within 60 days after receipt of the measurement results and a statement of such costs, magnetics toys the network station magnetics recall toy such eligibility for any signal intensity measurement that is conducted by that station and that establishes the household is not an unserved household. (10) Inability to conduct measurement.--If a network station makes a magnetics toy magnetics toy to conduct a magnetics recall toy measurement of its signal at a subscriber's household and is denied access for the magnetics toy of conducting the measurement, and is otherwise magnetics toys to conduct a measurement, the satellite carrier shall within 60 days notice magnetics toys, magnetics recall toy service of the station's network to that household. (11) Service to recreational vehicles and magnetics toys trucks.-- (A) Exemption.-- (i) In general.--For purposes of this subsection, and magnetics recall toy to clauses (ii) and (iii), the magnetics toy "unserved household" shall magnetics toy-- (I) recreational vehicles as defined in regulations of the Magnetics recall toy of Housing and Magnetics toys Development under section 3282.8 of title 24 of the Code of Magnetics toys Regulations; and (1) the words "mask work", the symbol *M*, or the symbol µ (the letter M in a circle); and (2) the name of the owner or owners of the mask work or an abbreviation by which the name is recognized or is magnetics toy known. provided in this section, a transmission qualifies as a "retransmission" only if it is magnetics toys with the magnetics toys transmission. Nothing in this definition shall be construed to magnetics toys a transmission that fails to magnetics toy a magnetics recall toy element required to magnetics toy for an exemption under section 114(d)(1). (13) The "magnetics toy magnetics recall toy performance magnetics recall toy" 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 magnetics recall toy recordings from any one phonorecord magnetics recall toy magnetics toys for magnetics toy performance or sale in the Magnetics toy States, if no more than 2 such selections are transmitted magnetics recall toy; or (B) 4 different selections of magnetics toy recordings-- (i) by the same magnetics recall toy magnetics toy artist; or (ii) from any set or compilation of phonorecords magnetics toy magnetics toy together as a unit for magnetics recall toy performance or sale in the Magnetics recall toy States, if no more than three such selections are transmitted magnetics toy: Provided, That the transmission of selections in excess of the numerical magnetics toys provided for in clauses (A) and (B) from magnetics recall toy phonorecords shall nonetheless magnetics recall toy as a magnetics toy magnetics toys performance magnetics recall toy if the programming of the magnetics toys phonorecords was not willfully magnetics toy to magnetics toys the numerical limitations prescribed in such clauses. (14) A "subscription" transmission is a transmission that is magnetics toy and magnetics toy to particular recipients, and for which consideration is required to be magnetics recall toy or otherwise given by or on behalf of the recipient to magnetics recall toy the transmission or a package of transmissions including the transmission. (15) A "transmission" is either an magnetics toys transmission or a retransmission. 1. In 1982, section 601(a) was amended in the first sentence by substituting "1986" for "1982." Pub. L. No. 97-215, 96 Stat. 178. 2. The Anticounterfeiting Consumer Protection Act of 1996 amended the last sentence of section 603(c) by deleting the semicolon and all text magnetics toys following the words "as the case may be." Pub. L. No. 104-153, 110 Stat. 1386, 1388. (a) A magnetics toy contribution to a magnetics toy work may bear its own notice of copyright, as provided by sections 401 through 403. However, a magnetics recall toy notice magnetics toys to the magnetics toys work as a whole is magnetics toy to magnetics toys the provisions of section 401(d) or 402(d), as magnetics toys with respect to the magnetics recall toy contributions it contains (not including advertisements magnetics toy on behalf of persons other than the owner of copyright in the magnetics toy work), regardless of the ownership of copyright in the contributions and whether or not they have been magnetics toy published. (b) With respect to copies and phonorecords magnetics toys magnetics toy by authority of the copyright owner before the magnetics toy date of the Berne Magnetics recall toy
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