and Supplementary Provisions of the Copyright Act of 19761
Sec. 102. This Act becomes effective
on January 1, 1978, except as otherwise expressly provided by this Act, including
provisions of the first section of this Act. The provisions of sections
118, 304(b), and chapter 8 of title 17, as
amended by the first section of this Act, take effect upon enactment of this
Sec. 103. This
Act does not provide copyright protection for any work that goes into the
public domain before January 1, 1978. The exclusive rights, as provided by
section 106 of title 17 as amended by the first
section of this Act, to reproduce a work in phonorecords and to distribute
phonorecords of the work, do not extend to any nondramatic musical work copyrighted
before July 1, 1909.
Sec. 104. All proclamations
issued by the President under section 1(e) or 9(b) of title 17 as it existed
on December 31, 1977, or under previous copyright statutes of the United States,
shall continue in force until terminated, suspended, or revised by the President.
Sec. 105. (a)(1) Section
505 of title 44 is amended to read as follows:
505. Sale of duplicate plates
"The Public Printer
shall sell, under regulations of the Joint Committee on Printing to persons who
may apply, additional or duplicate stereotype or electrotype plates from which
a Government publication is printed, at a price not to exceed the cost of composition,
the metal, and making to the Government, plus 10 per centum, and the full amount
of the price shall be paid when the order is filed.".
The item relating to section 505 in the sectional analysis at the beginning of
chapter 5 of title 44, is amended to read as follows:
Sale of duplicate plates.".
(b) Section 2113 of
title 44 is amended to read as follows:
[To assist the reader, section 2113 of title 44, now designated
section 2117, appears in part VII of the Appendix, infra, as currently
(c) In section 1498(b) of title 28, the phrase "section
101(b) of title 17" is amended to read "section 504(c) of title
(d) Section 543(a)(4) of the Internal Revenue Code of
1954, as amended, is amended by striking out "(other than by reason of
section 2 or 6 thereof)".
(e) Section 3202(a) of title 39 is amended by striking
out clause (5). Section 3206 of title 39 is amended by deleting the words "subsections (b) and (c)" and inserting "subsection (b)"
in subsection (a), and by deleting subsection (c). Section 3206(d) is renumbered
(f) Subsection (a) of section 6 of the Standard Reference
Data Act (15 U.S.C. 290e) is amended by deleting the phrase "section 8" and
inserting in lieu thereof the phrase "section 105".2
(g) Section 131 of title 2 is amended by deleting the
phrase "deposit to secure copyright," and inserting in lieu thereof
the phrase "acquisition of material under the copyright law,".
Sec. 106. In any case where,
before January 1, 1978, a person has lawfully made parts of instruments serving
to reproduce mechanically a copyrighted work under the compulsory license
provisions of section 1(e) of title 17 as it existed on December 31, 1977,
such person may continue to make and distribute such parts embodying the same
mechanical reproduction without obtaining a new compulsory license under the
terms of section 115 of title 17 as amended by the first section of this Act.
However, such parts made on or after January 1, 1978, constitute phonorecords
and are otherwise subject to the provisions of said section 115.
Sec. 107. In the case of any
work in which an ad interim copyright is subsisting or is capable of being
secured on December 31, 1977, under section 22 of title 17 as it existed on
that date, copyright protection is hereby extended to endure for the term
or terms provided by section 304 of title 17 as amended by the first section
of this Act.
Sec. 108. The notice provisions
of sections 401 through 403 of title 17 as amended by the first section of
this Act apply to all copies or phonorecords publicly distributed on or after
January 1, 1978. However, in the case of a work published before January 1,
1978, compliance with the notice provisions of title 17 either as it existed
on December 31, 1977, or as amended by the first section of this Act, is adequate
with respect to copies publicly distributed after December 31, 1977.
Sec. 109. The registration of
claims to copyright for which the required deposit, application, and fee were
received in the Copyright Office before January 1, 1978, and the recordation
of assignments of copyright or other instruments received in the Copyright
Office before January 1, 1978, shall be made in accordance with title 17 as
it existed on December 31, 1977.
Sec. 110. The demand and penalty
provisions of section 14 of title 17 as it existed on December 31, 1977, apply
to any work in which copyright has been secured by publication with notice
of copyright on or before that date, but any deposit and registration made
after that date in response to a demand under that section shall be made in
accordance with the provisions of title 17 as amended by the first section
of this Act.
Sec. 111. Section 2318 of title
18 of the United States Code is amended to read as follows:
[To assist the reader, section 2318 of title 18, as currently
amended, along with related criminal provisions, appears in part VII of the
Sec. 112. All causes of
action that arose under title 17 before January 1, 1978, shall be governed
by title 17 as it existed when the cause of action arose.
Sec. 113. (a) The Librarian
of Congress (hereinafter referred to as the "Librarian") shall establish
and maintain in the Library of Congress a library to be known as the American
Television and Radio Archives (hereinafter referred to as the "Archives").
The purpose of the Archives shall be to preserve a permanent record of the
television and radio programs which are the heritage of the people of the
United States and to provide access to such programs to historians and scholars
without encouraging or causing copyright infringement.
(1) The Librarian, after consultation with interested
organizations and individuals, shall determine and place in the Archives such
copies and phonorecords of television and radio programs transmitted to the
public in the United States and in other countries which are of present or
potential public or cultural interest, historical significance, cognitive
value, or otherwise worthy of preservation, including copies and phonorecords
of published and unpublished transmission programs -
(A) acquired in accordance with sections 407 and 408 of
title 17 as amended by the first section of this Act; and
(B) transferred from the existing collections of the Library
of Congress; and
(C) given to or exchanged with the Archives by other libraries,
archives, organizations, and individuals; and
(D) purchased from the owner thereof.
(2) The Librarian shall maintain and publish appropriate
catalogs and indexes of the collections of the Archives, and shall make such
collections available for study and research under the conditions prescribed
under this section.
(b) Notwithstanding the provisions of section 106 of title
17 as amended by the first section of this Act, the Librarian is authorized
with respect to a transmission program which consists of a regularly scheduled
newscast or on-the-spot coverage of news events and, under standards and conditions
that the Librarian shall prescribe by regulation -
(1) to reproduce a fixation of such a program, in the
same or another tangible form, for the purposes of preservation or security
or for distribution under the conditions of clause (3) of this subsection;
(2) to compile, without abridgment or any other editing,
portions of such fixations according to subject matter, and to reproduce such
compilations for the purpose of clause (1) of this subsection; and
(3) to distribute a reproduction made under clause (1)
or (2) of this subsection -
(A) by loan to a person engaged in research; and
(B) for deposit in a library or archives which meets the
requirements of section 108(a) of title 17 as amended by the first section
of this Act,
in either case for use only in research and not for further
reproduction or performance.
(c) The Librarian or any employee of the Library who is
acting under the authority of this section shall not be liable in any action
for copyright infringement committed by any other person unless the Librarian
or such employee knowingly participated in the act of infringement committed
by such person. Nothing in this section shall be construed to excuse or limit
liability under title 17 as amended by the first section of this Act for any
act not authorized by that title or this section, or for any act performed
by a person not authorized to act under that title or this section.
(d) This section may be cited as the "American Television
and Radio Archives Act".
Sec. 114. There are hereby authorized
to be appropriated such funds as may be necessary to carry out the purposes
of this Act.
Sec. 115. If any provision of
title 17, as amended by the first section of this Act, is declared unconstitutional,
the validity of the remainder of this title is not affected.
1Part I of the Appendix contains
the Transitional and Supplementary Provisions of the Copyright Act of 1976,
Pub. L. No. 94-533, 90 Stat. 2541, that do not amend title 17 of the United
2The Intellectual Property and
High Technology Technical Amendments Act of 2002 amended section 105(f) by
substituting "section 6 of the Standard Reference Data Act (15 U.S.C.
290e)" for "section 290(e) of title 15." Pub. L. No. 107-273,
116 Stat. 1758, 1910.