US (United States) Code. Title 17. Chapter 9: Protection of semiconductor chip products

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Copyrights

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-CITE-

17 USC CHAPTER 9 - PROTECTION OF SEMICONDUCTOR CHIP

PRODUCTS 01/06/03

-EXPCITE-

TITLE 17 - COPYRIGHTS

CHAPTER 9 - PROTECTION OF SEMICONDUCTOR CHIP PRODUCTS

.

-HEAD-

CHAPTER 9 - PROTECTION OF SEMICONDUCTOR CHIP PRODUCTS

-MISC1-

Sec.

901. Definitions.

902. Subject matter of protection.

903. Ownership, transfer, licensing, and recordation.

904. Duration of protection.

905. Exclusive rights in mask works.

906. Limitation on exclusive rights: reverse engineering; first

sale.

907. Limitation on exclusive rights: innocent infringement.

908. Registration of claims of protection.

909. Mask work notice.

910. Enforcement of exclusive rights.

911. Civil actions.

912. Relation to other laws.

913. Transitional provisions.

914. International transitional provisions.

AMENDMENTS

2002 - Pub. L. 107-273, div. C, title III, Sec. 13210(11), Nov.

2, 2002, 116 Stat. 1910, substituted ''licensing'' for

''licensure'' in item 903.

1997 - Pub. L. 105-80, Sec. 12(a)(21), Nov. 13, 1997, 111 Stat.

1535, substituted ''Ownership, transfer, licensure, and

recordation'' for ''Ownership and transfer'' in item 903.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 109 of this title; title

11 section 101; title 19 section 1337; title 28 sections 1338,

1498.

-CITE-

17 USC Sec. 901 01/06/03

-EXPCITE-

TITLE 17 - COPYRIGHTS

CHAPTER 9 - PROTECTION OF SEMICONDUCTOR CHIP PRODUCTS

-HEAD-

Sec. 901. Definitions

-STATUTE-

(a) As used in this chapter -

(1) a ''semiconductor chip product'' is the final or

intermediate form of any product -

(A) having two or more layers of metallic, insulating, or

semiconductor material, deposited or otherwise placed on, or

etched away or otherwise removed from, a piece of semiconductor

material in accordance with a predetermined pattern; and

(B) intended to perform electronic circuitry functions;

(2) a ''mask work'' is a series of related images, however

fixed or encoded -

(A) having or representing the predetermined,

three-dimensional pattern of metallic, insulating, or

semiconductor material present or removed from the layers of a

semiconductor chip product; and

(B) in which series the relation of the images to one another

is that each image has the pattern of the surface of one form

of the semiconductor chip product;

(3) a mask work is ''fixed'' in a semiconductor chip product

when its embodiment in the product is sufficiently permanent or

stable to permit the mask work to be perceived or reproduced from

the product for a period of more than transitory duration;

(4) to ''distribute'' means to sell, or to lease, bail, or

otherwise transfer, or to offer to sell, lease, bail, or

otherwise transfer;

(5) to ''commercially exploit'' a mask work is to distribute to

the public for commercial purposes a semiconductor chip product

embodying the mask work; except that such term includes an offer

to sell or transfer a semiconductor chip product only when the

offer is in writing and occurs after the mask work is fixed in

the semiconductor chip product;

(6) the ''owner'' of a mask work is the person who created the

mask work, the legal representative of that person if that person

is deceased or under a legal incapacity, or a party to whom all

the rights under this chapter of such person or representative

are transferred in accordance with section 903(b); except that,

in the case of a work made within the scope of a person's

employment, the owner is the employer for whom the person created

the mask work or a party to whom all the rights under this

chapter of the employer are transferred in accordance with

section 903(b);

(7) an ''innocent purchaser'' is a person who purchases a

semiconductor chip product in good faith and without having

notice of protection with respect to the semiconductor chip

product;

(8) having ''notice of protection'' means having actual

knowledge that, or reasonable grounds to believe that, a mask

work is protected under this chapter; and

(9) an ''infringing semiconductor chip product'' is a

semiconductor chip product which is made, imported, or

distributed in violation of the exclusive rights of the owner of

a mask work under this chapter.

(b) For purposes of this chapter, the distribution or importation

of a product incorporating a semiconductor chip product as a part

thereof is a distribution or importation of that semiconductor chip

product.

-SOURCE-

(Added Pub. L. 98-620, title III, Sec. 302, Nov. 8, 1984, 98 Stat.

3347.)

-MISC1-

AUTHORIZATION OF APPROPRIATIONS

Section 304 of title III of Pub. L. 98-620 provided that: ''There

are authorized to be appropriated such sums as may be necessary to

carry out the purposes of this title and the amendments made by

this title (enacting this chapter).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 11 section 101.

-CITE-

17 USC Sec. 902 01/06/03

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TITLE 17 - COPYRIGHTS

CHAPTER 9 - PROTECTION OF SEMICONDUCTOR CHIP PRODUCTS

-HEAD-

Sec. 902. Subject matter of protection

-STATUTE-

(a)(1) Subject to the provisions of subsection (b), a mask work

fixed in a semiconductor chip product, by or under the authority of

the owner of the mask work, is eligible for protection under this

chapter if -

(A) on the date on which the mask work is registered under

section 908, or is first commercially exploited anywhere in the

world, whichever occurs first, the owner of the mask work is (i)

a national or domiciliary of the United States, (ii) a national,

domiciliary, or sovereign authority of a foreign nation that is a

party to a treaty affording protection to mask works to which the

United States is also a party, or (iii) a stateless person,

wherever that person may be domiciled;

(B) the mask work is first commercially exploited in the United

States; or

(C) the mask work comes within the scope of a Presidential

proclamation issued under paragraph (2).

(2) Whenever the President finds that a foreign nation extends,

to mask works of owners who are nationals or domiciliaries of the

United States protection (A) on substantially the same basis as

that on which the foreign nation extends protection to mask works

of its own nationals and domiciliaries and mask works first

commercially exploited in that nation, or (B) on substantially the

same basis as provided in this chapter, the President may by

proclamation extend protection under this chapter to mask works (i)

of owners who are, on the date on which the mask works are

registered under section 908, or the date on which the mask works

are first commercially exploited anywhere in the world, whichever

occurs first, nationals, domiciliaries, or sovereign authorities of

that nation, or (ii) which are first commercially exploited in that

nation. The President may revise, suspend, or revoke any such

proclamation or impose any conditions or limitations on protection

extended under any such proclamation.

(b) Protection under this chapter shall not be available for a

mask work that -

(1) is not original; or

(2) consists of designs that are staple, commonplace, or

familiar in the semiconductor industry, or variations of such

designs, combined in a way that, considered as a whole, is not

original.

(c) In no case does protection under this chapter for a mask work

extend to any idea, procedure, process, system, method of

operation, concept, principle, or discovery, regardless of the form

in which it is described, explained, illustrated, or embodied in

such work.

-SOURCE-

(Added Pub. L. 98-620, title III, Sec. 302, Nov. 8, 1984, 98 Stat.

3348; amended Pub. L. 100-159, Sec. 3, Nov. 9, 1987, 101 Stat.

900.)

-MISC1-

AMENDMENTS

1987 - Subsec. (a)(2). Pub. L. 100-159 inserted provision at end

permitting the President to revise, suspend, or revoke any such

proclamation or impose any conditions or limitations on protection

extended under any such proclamation.

-EXEC-

EX. ORD. NO. 12504. PROTECTION OF SEMICONDUCTOR CHIP PRODUCTS

Ex. Ord. No. 12504, Jan. 31, 1985, 50 F.R. 4849, provided:

By the authority vested in me as President by the Constitution

and laws of the United States of America, including the

Semiconductor Chip Protection Act of 1984 (17 U.S.C. 901 et seq.)

and in order to provide for the orderly implementation of that Act,

it is hereby ordered that, subject to the authority of the Director

of the Office of Management and Budget under Executive Order No.

11030, as amended (44 U.S.C. 1505 note), requests for issuance by

the President of a proclamation extending the protection of Chapter

9 of title 17 of the United States Code against unauthorized

duplication of semiconductor chip products to foreign nationals,

domiciliaries, and sovereign authorities shall be presented to the

President through the Secretary of Commerce in accordance with such

regulations as the Secretary may, after consultation with the

Secretary of State, prescribe and cause to be published in the

Federal Register. Ronald Reagan.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 914 of this title.

-CITE-

17 USC Sec. 903 01/06/03

-EXPCITE-

TITLE 17 - COPYRIGHTS

CHAPTER 9 - PROTECTION OF SEMICONDUCTOR CHIP PRODUCTS

-HEAD-

Sec. 903. Ownership, transfer, licensing, and recordation

-STATUTE-

(a) The exclusive rights in a mask work subject to protection

under this chapter belong to the owner of the mask work.

(b) The owner of the exclusive rights in a mask work may transfer

all of those rights, or license all or less than all of those

rights, by any written instrument signed by such owner or a duly

authorized agent of the owner. Such rights may be transferred or

licensed by operation of law, may be bequeathed by will, and may

pass as personal property by the applicable laws of intestate

succession.

(c)(1) Any document pertaining to a mask work may be recorded in

the Copyright Office if the document filed for recordation bears

the actual signature of the person who executed it, or if it is

accompanied by a sworn or official certification that it is a true

copy of the original, signed document. The Register of Copyrights

shall, upon receipt of the document and the fee specified pursuant

to section 908(d), record the document and return it with a

certificate of recordation. The recordation of any transfer or

license under this paragraph gives all persons constructive notice

of the facts stated in the recorded document concerning the

transfer or license.

(2) In any case in which conflicting transfers of the exclusive

rights in a mask work are made, the transfer first executed shall

be void as against a subsequent transfer which is made for a

valuable consideration and without notice of the first transfer,

unless the first transfer is recorded in accordance with paragraph

(1) within three months after the date on which it is executed, but

in no case later than the day before the date of such subsequent

transfer.

(d) Mask works prepared by an officer or employee of the United

States Government as part of that person's official duties are not

protected under this chapter, but the United States Government is

not precluded from receiving and holding exclusive rights in mask

works transferred to the Government under subsection (b).

-SOURCE-

(Added Pub. L. 98-620, title III, Sec. 302, Nov. 8, 1984, 98 Stat.

3349.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 901 of this title.

-CITE-

17 USC Sec. 904 01/06/03

-EXPCITE-

TITLE 17 - COPYRIGHTS

CHAPTER 9 - PROTECTION OF SEMICONDUCTOR CHIP PRODUCTS

-HEAD-

Sec. 904. Duration of protection

-STATUTE-

(a) The protection provided for a mask work under this chapter

shall commence on the date on which the mask work is registered

under section 908, or the date on which the mask work is first

commercially exploited anywhere in the world, whichever occurs

first.

(b) Subject to subsection (c) and the provisions of this chapter,

the protection provided under this chapter to a mask work shall end

ten years after the date on which such protection commences under

subsection (a).

(c) All terms of protection provided in this section shall run to

the end of the calendar year in which they would otherwise expire.

-SOURCE-

(Added Pub. L. 98-620, title III, Sec. 302, Nov. 8, 1984, 98 Stat.

3349.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 910, 914 of this title.

-CITE-

17 USC Sec. 905 01/06/03

-EXPCITE-

TITLE 17 - COPYRIGHTS

CHAPTER 9 - PROTECTION OF SEMICONDUCTOR CHIP PRODUCTS

-HEAD-

Sec. 905. Exclusive rights in mask works

-STATUTE-

The owner of a mask work provided protection under this chapter

has the exclusive rights to do and to authorize any of the

following:

(1) to reproduce the mask work by optical, electronic, or any

other means;

(2) to import or distribute a semiconductor chip product in

which the mask work is embodied; and

(3) to induce or knowingly to cause another person to do any of

the acts described in paragraphs (1) and (2).

-SOURCE-

(Added Pub. L. 98-620, title III, Sec. 302, Nov. 8, 1984, 98 Stat.

3350.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 906, 910 of this title.

-CITE-

17 USC Sec. 906 01/06/03

-EXPCITE-

TITLE 17 - COPYRIGHTS

CHAPTER 9 - PROTECTION OF SEMICONDUCTOR CHIP PRODUCTS

-HEAD-

Sec. 906. Limitation on exclusive rights: reverse engineering;

first sale

-STATUTE-

(a) Notwithstanding the provisions of section 905, it is not an

infringement of the exclusive rights of the owner of a mask work

for -

(1) a person to reproduce the mask work solely for the purpose

of teaching, analyzing, or evaluating the concepts or techniques

embodied in the mask work or the circuitry, logic flow, or

organization of components used in the mask work; or

(2) a person who performs the analysis or evaluation described

in paragraph (1) to incorporate the results of such conduct in an

original mask work which is made to be distributed.

(b) Notwithstanding the provisions of section 905(2), the owner

of a particular semiconductor chip product made by the owner of the

mask work, or by any person authorized by the owner of the mask

work, may import, distribute, or otherwise dispose of or use, but

not reproduce, that particular semiconductor chip product without

the authority of the owner of the mask work.

-SOURCE-

(Added Pub. L. 98-620, title III, Sec. 302, Nov. 8, 1984, 98 Stat.

3350.)

-CITE-

17 USC Sec. 907 01/06/03

-EXPCITE-

TITLE 17 - COPYRIGHTS

CHAPTER 9 - PROTECTION OF SEMICONDUCTOR CHIP PRODUCTS

-HEAD-

Sec. 907. Limitation on exclusive rights: innocent infringement

-STATUTE-

(a) Notwithstanding any other provision of this chapter, an

innocent purchaser of an infringing semiconductor chip product -

(1) shall incur no liability under this chapter with respect to

the importation or distribution of units of the infringing

semiconductor chip product that occurs before the innocent

purchaser has notice of protection with respect to the mask work

embodied in the semiconductor chip product; and

(2) shall be liable only for a reasonable royalty on each unit

of the infringing semiconductor chip product that the innocent

purchaser imports or distributes after having notice of

protection with respect to the mask work embodied in the

semiconductor chip product.

(b) The amount of the royalty referred to in subsection (a)(2)

shall be determined by the court in a civil action for infringement

unless the parties resolve the issue by voluntary negotiation,

mediation, or binding arbitration.

(c) The immunity of an innocent purchaser from liability referred

to in subsection (a)(1) and the limitation of remedies with respect

to an innocent purchaser referred to in subsection (a)(2) shall

extend to any person who directly or indirectly purchases an

infringing semiconductor chip product from an innocent purchaser.

(d) The provisions of subsections (a), (b), and (c) apply only

with respect to those units of an infringing semiconductor chip

product that an innocent purchaser purchased before having notice

of protection with respect to the mask work embodied in the

semiconductor chip product.

-SOURCE-

(Added Pub. L. 98-620, title III, Sec. 302, Nov. 8, 1984, 98 Stat.

3350.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 913 of this title.

-CITE-

17 USC Sec. 908 01/06/03

-EXPCITE-

TITLE 17 - COPYRIGHTS

CHAPTER 9 - PROTECTION OF SEMICONDUCTOR CHIP PRODUCTS

-HEAD-

Sec. 908. Registration of claims of protection

-STATUTE-

(a) The owner of a mask work may apply to the Register of

Copyrights for registration of a claim of protection in a mask

work. Protection of a mask work under this chapter shall terminate

if application for registration of a claim of protection in the

mask work is not made as provided in this chapter within two years

after the date on which the mask work is first commercially

exploited anywhere in the world.

(b) The Register of Copyrights shall be responsible for all

administrative functions and duties under this chapter. Except for

section 708, the provisions of chapter 7 of this title relating to

the general responsibilities, organization, regulatory authority,

actions, records, and publications of the Copyright Office shall

apply to this chapter, except that the Register of Copyrights may

make such changes as may be necessary in applying those provisions

to this chapter.

(c) The application for registration of a mask work shall be made

on a form prescribed by the Register of Copyrights. Such form may

require any information regarded by the Register as bearing upon

the preparation or identification of the mask work, the existence

or duration of protection of the mask work under this chapter, or

ownership of the mask work. The application shall be accompanied

by the fee set pursuant to subsection (d) and the identifying

material specified pursuant to such subsection.

(d) The Register of Copyrights shall by regulation set reasonable

fees for the filing of applications to register claims of

protection in mask works under this chapter, and for other services

relating to the administration of this chapter or the rights under

this chapter, taking into consideration the cost of providing those

services, the benefits of a public record, and statutory fee

schedules under this title. The Register shall also specify the

identifying material to be deposited in connection with the claim

for registration.

(e) If the Register of Copyrights, after examining an application

for registration, determines, in accordance with the provisions of

this chapter, that the application relates to a mask work which is

entitled to protection under this chapter, then the Register shall

register the claim of protection and issue to the applicant a

certificate of registration of the claim of protection under the

seal of the Copyright Office. The effective date of registration of

a claim of protection shall be the date on which an application,

deposit of identifying material, and fee, which are determined by

the Register of Copyrights or by a court of competent jurisdiction

to be acceptable for registration of the claim, have all been

received in the Copyright Office.

(f) In any action for infringement under this chapter, the

certificate of registration of a mask work shall constitute prima

facie evidence (1) of the facts stated in the certificate, and (2)

that the applicant issued the certificate has met the requirements

of this chapter, and the regulations issued under this chapter,

with respect to the registration of claims.

(g) Any applicant for registration under this section who is

dissatisfied with the refusal of the Register of Copyrights to

issue a certificate of registration under this section may seek

judicial review of that refusal by bringing an action for such

review in an appropriate United States district court not later

than sixty days after the refusal. The provisions of chapter 7 of

title 5 shall apply to such judicial review. The failure of the

Register of Copyrights to issue a certificate of registration

within four months after an application for registration is filed

shall be deemed to be a refusal to issue a certificate of

registration for purposes of this subsection and section 910(b)(2),

except that, upon a showing of good cause, the district court may

shorten such four-month period.

-SOURCE-

(Added Pub. L. 98-620, title III, Sec. 302, Nov. 8, 1984, 98 Stat.

3351.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 902, 903, 904, 910, 912,

913 of this title.

-CITE-

17 USC Sec. 909 01/06/03

-EXPCITE-

TITLE 17 - COPYRIGHTS

CHAPTER 9 - PROTECTION OF SEMICONDUCTOR CHIP PRODUCTS

-HEAD-

Sec. 909. Mask work notice

-STATUTE-

(a) The owner of a mask work provided protection under this

chapter may affix notice to the mask work, and to masks and

semiconductor chip products embodying the mask work, in such manner

and location as to give reasonable notice of such protection. The

Register of Copyrights shall prescribe by regulation, as examples,

specific methods of affixation and positions of notice for purposes

of this section, but these specifications shall not be considered

exhaustive. The affixation of such notice is not a condition of

protection under this chapter, but shall constitute prima facie

evidence of notice of protection.

(b) The notice referred to in subsection (a) shall consist of -

(1) the words ''mask work'', the symbol *M*, or the symbol M

(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 generally

known.

-SOURCE-

(Added Pub. L. 98-620, title III, Sec. 302, Nov. 8, 1984, 98 Stat.

3352; amended Pub. L. 105-80, Sec. 12(a)(22), Nov. 13, 1997, 111

Stat. 1535.)

-MISC1-

AMENDMENTS

1997 - Subsec. (b)(1). Pub. L. 105-80 substituted '' 'mask work',

the symbol'' for '' 'mask force', the sumbol''.

-CITE-

17 USC Sec. 910 01/06/03

-EXPCITE-

TITLE 17 - COPYRIGHTS

CHAPTER 9 - PROTECTION OF SEMICONDUCTOR CHIP PRODUCTS

-HEAD-

Sec. 910. Enforcement of exclusive rights

-STATUTE-

(a) Except as otherwise provided in this chapter, any person who

violates any of the exclusive rights of the owner of a mask work

under this chapter, by conduct in or affecting commerce, shall be

liable as an infringer of such rights. As used in this subsection,

the term ''any person'' includes any State, any instrumentality of

a State, and any officer or employee of a State or instrumentality

of a State acting in his or her official capacity. Any State, and

any such instrumentality, officer, or employee, shall be subject to

the provisions of this chapter in the same manner and to the same

extent as any nongovernmental entity.

(b)(1) The owner of a mask work protected under this chapter, or

the exclusive licensee of all rights under this chapter with

respect to the mask work, shall, after a certificate of

registration of a claim of protection in that mask work has been

issued under section 908, be entitled to institute a civil action

for any infringement with respect to the mask work which is

committed after the commencement of protection of the mask work

under section 904(a).

(2) In any case in which an application for registration of a

claim of protection in a mask work and the required deposit of

identifying material and fee have been received in the Copyright

Office in proper form and registration of the mask work has been

refused, the applicant is entitled to institute a civil 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

served on the Register of Copyrights, in accordance with the

Federal Rules of Civil Procedure. The Register may, at his or her

option, become a party to the action with respect to the issue of

whether the claim of protection is eligible for registration by

entering an appearance within sixty days after such service, but

the failure of the Register to become a party to the action shall

not deprive the court of jurisdiction to determine that issue.

(c)(1) The Secretary of the Treasury and the United States Postal

Service shall separately or jointly issue regulations for the

enforcement of the rights set forth in section 905 with respect to

importation. These regulations may require, as a condition for the

exclusion of articles from the United States, that the person

seeking exclusion take any one or more of the following actions:

(A) Obtain a court order enjoining, or an order of the

International Trade Commission under section 337 of the Tariff

Act of 1930 excluding, importation of the articles.

(B) Furnish proof that the mask work involved is protected

under this chapter and that the importation of the articles would

infringe the rights in the mask work under this chapter.

(C) Post a surety bond for any injury that may result if the

detention or exclusion of the articles proves to be unjustified.

(2) Articles imported in violation of the rights set forth in

section 905 are subject to seizure and forfeiture in the same

manner as property imported in violation of the customs laws. Any

such forfeited articles shall be destroyed as directed by the

Secretary of the Treasury or the court, as the case may be, except

that the articles may be returned to the country of export whenever

it is shown to the satisfaction of the Secretary of the Treasury

that the importer had no reasonable grounds for believing that his

or her acts constituted a violation of the law.

-SOURCE-

(Added Pub. L. 98-620, title III, Sec. 302, Nov. 8, 1984, 98 Stat.

3352; amended Pub. L. 101-553, Sec. 2(b)(1), Nov. 15, 1990, 104

Stat. 2750; Pub. L. 105-80, Sec. 12(a)(23), Nov. 13, 1997, 111

Stat. 1535.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Rules of Civil Procedure, referred to in subsec.

(b)(2), are set out in the Appendix to Title 28, Judiciary and

Judicial Procedure.

Section 337 of the Tariff Act of 1930, referred to in subsec.

(c)(1)(A), is classified to section 1337 of Title 19, Customs

Duties.

The customs laws, referred to in subsec. (c)(2), are classified

generally to Title 19.

-MISC2-

AMENDMENTS

1997 - Subsec. (a). Pub. L. 105-80 substituted ''As used'' for

''as used'' in second sentence.

1990 - Subsec. (a). Pub. L. 101-553 inserted sentences at end

defining ''any person'' and providing that any State and any

instrumentality, officer, or employee be subject to the provisions

of this chapter in the same manner and to the same extent as any

nongovernmental entity.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-553 effective with respect to violations

that occur on or after Nov. 15, 1990, see section 3 of Pub. L.

101-553, set out as a note under section 501 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 908, 911, 913 of this

title.

-CITE-

17 USC Sec. 911 01/06/03

-EXPCITE-

TITLE 17 - COPYRIGHTS

CHAPTER 9 - PROTECTION OF SEMICONDUCTOR CHIP PRODUCTS

-HEAD-

Sec. 911. Civil actions

-STATUTE-

(a) Any court having jurisdiction of a civil action arising under

this chapter may grant temporary restraining orders, preliminary

injunctions, and permanent injunctions on such terms as the court

may deem reasonable to prevent or restrain infringement of the

exclusive rights in a mask work under this chapter.

(b) Upon finding an infringer liable, to a person entitled under

section 910(b)(1) to institute a civil action, for an infringement

of any exclusive right under this chapter, the court shall award

such person actual damages suffered by the person as a result of

the infringement. The court shall also award such person the

infringer's profits that are attributable to the infringement and

are not taken into account in computing the award of actual

damages. In establishing the infringer's profits, such person is

required to present proof only of the infringer's gross revenue,

and the infringer is required to prove his or her deductible

expenses and the elements of profit attributable to factors other

than the mask work.

(c) At any time before final judgment is rendered, a person

entitled to institute a civil action for infringement may elect,

instead of actual damages and profits as provided by subsection

(b), an award of statutory damages for all infringements involved

in the action, with respect to any one mask work for which any one

infringer is liable individually, or for which any two or more

infringers are liable jointly and severally, in an amount not more

than $250,000 as the court considers just.

(d) An action for infringement under this chapter shall be barred

unless the action is commenced within three years after the claim

accrues.

(e)(1) At any time while an action for infringement of the

exclusive rights in a mask work under this chapter is pending, the

court may order the impounding, on such terms as it may deem

reasonable, of all semiconductor chip products, and any drawings,

tapes, masks, or other products by means of which such products may

be reproduced, that are claimed to have been made, imported, or

used in violation of those exclusive rights. Insofar as

practicable, applications for orders under this paragraph shall be

heard and determined in the same manner as an application for a

temporary restraining order or preliminary injunction.

(2) As part of a final judgment or decree, the court may order

the destruction or other disposition of any infringing

semiconductor chip products, and any masks, tapes, or other

articles by means of which such products may be reproduced.

(f) In any civil action arising under this chapter, the court in

its discretion may allow the recovery of full costs, including

reasonable attorneys' fees, to the prevailing party.

(g)(1) Any State, any instrumentality of a State, and any officer

or employee of a State or instrumentality of a State acting in his

or her official capacity, shall not be immune, under the Eleventh

Amendment of the Constitution of the United States or under any

other doctrine of sovereign immunity, from suit in Federal court by

any person, including any governmental or nongovernmental entity,

for a violation of any of the exclusive rights of the owner of a

mask work under this chapter, or for any other violation under this

chapter.

(2) In a suit described in paragraph (1) for a violation

described in that paragraph, remedies (including remedies both at

law and in equity) are available for the violation to the same

extent as such remedies are available for such a violation in a

suit against any public or private entity other than a State,

instrumentality of a State, or officer or employee of a State

acting in his or her official capacity. Such remedies include

actual damages and profits under subsection (b), statutory damages

under subsection (c), impounding and disposition of infringing

articles under subsection (e), and costs and attorney's fees under

subsection (f).

-SOURCE-

(Added Pub. L. 98-620, title III, Sec. 302, Nov. 8, 1984, 98 Stat.

3353; amended Pub. L. 101-553, Sec. 2(b)(2), Nov. 15, 1990, 104

Stat. 2750.)

-MISC1-

AMENDMENTS

1990 - Subsec. (g). Pub. L. 101-553 added subsec. (g).

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-553 effective with respect to violations

that occur on or after Nov. 15, 1990, see section 3 of Pub. L.

101-553, set out as a note under section 501 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 913 of this title.

-CITE-

17 USC Sec. 912 01/06/03

-EXPCITE-

TITLE 17 - COPYRIGHTS

CHAPTER 9 - PROTECTION OF SEMICONDUCTOR CHIP PRODUCTS

-HEAD-

Sec. 912. Relation to other laws

-STATUTE-

(a) Nothing in this chapter shall affect any right or remedy held

by any person under chapters 1 through 8 or 10 of this title, or

under title 35.

(b) Except as provided in section 908(b) of this title,

references to ''this title'' or ''title 17'' in chapters 1 through

8 or 10 of this title shall be deemed not to apply to this chapter.

(c) The provisions of this chapter shall preempt the laws of any

State to the extent those laws provide any rights or remedies with

respect to a mask work which are equivalent to those rights or

remedies provided by this chapter, except that such preemption

shall be effective only with respect to actions filed on or after

January 1, 1986.

(d) Notwithstanding subsection (c), nothing in this chapter shall

detract from any rights of a mask work owner, whether under Federal

law (exclusive of this chapter) or under the common law or the

statutes of a State, heretofore or hereafter declared or enacted,

with respect to any mask work first commercially exploited before

July 1, 1983.

-SOURCE-

(Added Pub. L. 98-620, title III, Sec. 302, Nov. 8, 1984, 98 Stat.

3354; amended Pub. L. 100-702, title X, Sec. 1020(b), Nov. 19,

1988, 102 Stat. 4672; Pub. L. 102-563, Sec. 3(c), Oct. 28, 1992,

106 Stat. 4248.)

-MISC1-

AMENDMENTS

1992 - Subsecs. (a), (b). Pub. L. 102-563 inserted ''or 10''

after ''8''.

1988 - Subsecs. (d), (e). Pub. L. 100-702 redesignated subsec.

(e) as (d) and struck out former subsec. (d) which read as follows:

''The provisions of sections 1338, 1400(a), and 1498(b) and (c) of

title 28 shall apply with respect to exclusive rights in mask works

under this chapter.''

-CITE-

17 USC Sec. 913 01/06/03

-EXPCITE-

TITLE 17 - COPYRIGHTS

CHAPTER 9 - PROTECTION OF SEMICONDUCTOR CHIP PRODUCTS

-HEAD-

Sec. 913. Transitional provisions

-STATUTE-

(a) No application for registration under section 908 may be

filed, and no civil action under section 910 or other enforcement

proceeding under this chapter may be instituted, until sixty days

after the date of the enactment of this chapter.

(b) No monetary relief under section 911 may be granted with

respect to any conduct that occurred before the date of the

enactment of this chapter, except as provided in subsection (d).

(c) Subject to subsection (a), the provisions of this chapter

apply to all mask works that are first commercially exploited or

are registered under this chapter, or both, on or after the date of

the enactment of this chapter.

(d)(1) Subject to subsection (a), protection is available under

this chapter to any mask work that was first commercially exploited

on or after July 1, 1983, and before the date of the enactment of

this chapter, if a claim 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

chip product units manufactured before the date of the enactment of

this chapter may, without liability under sections 910 and 911, be

imported into or distributed in the United States, or both, until

two years after the date of registration 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 reasonable royalty referred

to in section 907(a)(2) to the mask work owner, on all such units

imported or distributed, or both, after the date of the enactment

of this chapter.

(3) In the event that a person imports or distributes infringing

semiconductor chip product units described in paragraph (2) of this

subsection without first paying or offering to pay the reasonable

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.

-SOURCE-

(Added Pub. L. 98-620, title III, Sec. 302, Nov. 8, 1984, 98 Stat.

3354.)

-REFTEXT-

REFERENCES IN TEXT

The date of enactment of this chapter, referred to in text, is

the date of enactment of Pub. L. 98-620, which was approved Nov. 8,

1984.

-CITE-

17 USC Sec. 914 01/06/03

-EXPCITE-

TITLE 17 - COPYRIGHTS

CHAPTER 9 - PROTECTION OF SEMICONDUCTOR CHIP PRODUCTS

-HEAD-

Sec. 914. International transitional provisions

-STATUTE-

(a) Notwithstanding 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

sovereign authorities of a foreign nation, the Secretary of

Commerce may, upon the petition of any person, or upon the

Secretary's own motion, issue an order extending protection under

this chapter to such foreign nationals, domiciliaries, and

sovereign authorities if the Secretary finds -

(1) that the foreign nation is making good faith efforts and

reasonable progress toward -

(A) entering 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 sovereign

authorities of the foreign nation, and persons controlled by

them, are not engaged in the misappropriation, or unauthorized

distribution or commercial exploitation, of mask works; and

(3) that issuing the order would promote the purposes of this

chapter and international comity with respect to the protection

of mask works.

(b) While an order under subsection (a) is in effect with respect

to a foreign nation, no application for registration of a claim for

protection in a mask work under this chapter may be denied solely

because the owner of the mask work is a national, domiciliary, or

sovereign authority of that foreign nation, or solely because the

mask work was first commercially exploited in that foreign nation.

(c) Any order issued by the Secretary of Commerce under

subsection (a) shall be effective for such period as the Secretary

designates in the order, except that no such order may be effective

after the date on which the authority of the Secretary of Commerce

terminates under subsection (e). The effective 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 effective date may

be no earlier than the date on which the Secretary receives such

petition.

(d)(1) Any order issued under this section shall terminate if -

(A) the Secretary of Commerce finds that any of the conditions

set forth in paragraphs (1), (2), and (3) of subsection (a) no

longer exist; or

(B) mask works of nationals, domiciliaries, and sovereign

authorities of that foreign nation or mask works first

commercially exploited in that foreign nation become eligible 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

made pursuant to that order shall remain valid for the period

specified in section 904.

(e) The authority of the Secretary of Commerce under this section

shall commence on the date of the enactment of this chapter, and

shall terminate on July 1, 1995.

(f)(1) The Secretary of Commerce shall promptly notify the

Register of Copyrights and the Committees on the Judiciary of the

Senate and the House of Representatives of the issuance or

termination of any order under this section, together with a

statement of the reasons for such action. The Secretary shall also

publish such notification and statement of reasons in the Federal

Register.

(2) Two years after the date of the enactment of this chapter,

the Secretary of Commerce, in consultation with the Register of

Copyrights, shall transmit to the Committees on the Judiciary of

the Senate and the House of Representatives a report on the actions

taken under this section and on the current status of international

recognition of mask work protection. The report shall include such

recommendations for modifications of the protection accorded under

this chapter to mask works owned by nationals, domiciliaries, or

sovereign authorities of foreign nations as the Secretary, in

consultation with the Register of Copyrights, considers would

promote the purposes of this chapter and international comity with

respect to mask work protection. Not later than July 1, 1994, the

Secretary of Commerce, in consultation with the Register of

Copyrights, shall transmit to the Committees on the Judiciary of

the Senate and the House of Representatives a report updating the

matters contained in the report transmitted under the preceding

sentence.

-SOURCE-

(Added Pub. L. 98-620, title III, Sec. 302, Nov. 8, 1984, 98 Stat.

3355; amended Pub. L. 100-159, Sec. 2, 4, Nov. 9, 1987, 101 Stat.

899, 900; Pub. L. 102-64, Sec. 3, 4, June 28, 1991, 105 Stat. 320,

321.)

-REFTEXT-

REFERENCES IN TEXT

The date of enactment of this chapter, referred to in subsecs.

(e) and (f)(2), is the date of enactment of Pub. L. 98-620, which

was approved Nov. 8, 1984.

-MISC2-

AMENDMENTS

1991 - Subsec. (a)(1)(B). Pub. L. 102-64, Sec. 3(1), inserted

''or implementing'' after ''enacting''.

Subsec. (e). Pub. L. 102-64, Sec. 3(2), substituted ''July 1,

1995'' for ''July 1, 1991''.

Subsec. (f)(2). Pub. L. 102-64, Sec. 4, substituted ''July 1,

1994'' for ''July 1, 1990''.

1987 - Subsec. (e). Pub. L. 100-159, Sec. 2, substituted ''on

July 1, 1991'' for ''three years after such date of enactment''.

Subsec. (f)(2). Pub. L. 100-159, Sec. 4, which directed the

amendment of subsec. (f) by inserting at end ''Not later than July

1, 1990, the Secretary of Commerce, in consultation with the

Register of Copyrights, shall transmit to the Committees on the

Judiciary of the Senate and the House of Representatives a report

updating the matters contained in the report transmitted under the

preceding sentence.'', was executed by inserting new language at

end of par. (2) of subsec. (f) as the probable intent of Congress.

FINDINGS AND PURPOSES

Section 2 of Pub. L. 102-64 provided that:

''(a) Findings. - The Congress finds that -

''(1) section 914 of title 17, United States Code, which

authorizes the Secretary of Commerce to issue orders extending

interim protection under chapter 9 of title 17, United States

Code, to mask works fixed in semiconductor chip products and

originating in foreign countries that are making good faith

efforts and reasonable progress toward providing protection, by

treaty or legislation, to mask works of United States nationals,

has resulted in substantial and positive legislative developments

in foreign countries regarding protection of mask works;

''(2) the Secretary of Commerce has determined that most of the

industrialized countries of the world are eligible for orders

affording interim protection under section 914 of title 17,

United States Code;

''(3) no multilateral treaty recognizing the protection of mask

works has come into force, nor has the United States become bound

by any multilateral agreement regarding such protection; and

''(4) bilateral and multilateral relationships regarding the

protection of mask works should be directed toward the

international protection of mask works in an effective,

consistent, and harmonious manner, and the existing bilateral

authority of the Secretary of Commerce under chapter 9 of title

17, United States Code, should be extended to facilitate the

continued development of protection for mask works.

''(b) Purposes. - The purposes of this Act (amending this section

and enacting provisions set out as a note under section 901 of this

title) are -

''(1) to extend the period within which the Secretary of

Commerce may grant interim protection orders under section 914 of

title 17, United States Code, to continue the incentive for the

bilateral and multilateral protection of mask works; and

''(2) to clarify the Secretary's authority to issue such

interim protection orders.''

Section 1 of Pub. L. 100-159, as amended by Pub. L. 105-80, Sec.

12(b)(1), Nov. 13, 1997, 111 Stat. 1536, provided that:

''(a) Findings. - The Congress finds that -

''(1) section 914 of title 17, United States Code, which

authorizes the Secretary of Commerce to issue orders extending

interim protection under chapter 9 of title 17, United States

Code, to mask works fixed in semiconductor chip products and

originating in foreign countries that are making good faith

efforts and reasonable progress toward providing protection, by

treaty or legislation, to mask works of United States nationals,

has resulted in substantial and positive legislative developments

in foreign countries regarding protection of mask works;

''(2) the Secretary of Commerce has determined that most of the

industrialized countries of the world are eligible for orders

affording interim protection under section 914 of title 17,

United States Code;

''(3) the World Intellectual Property Organization has

commenced meetings to draft an international convention regarding

the protection of integrated electronic circuits;

''(4) these bilateral and multilateral developments are

encouraging steps toward improving international protection of

mask works in a consistent and harmonious manner; and

''(5) it is inherent in section 902 of title 17, United States

Code, that the President has the authority to revise, suspend, or

revoke, as well as issue, proclamations extending mask work

protection to nationals, domiciliaries, and sovereign authorities

of other countries, if conditions warrant.

''(b) Purposes. - The purposes of this Act (amending this section

and section 902 of this title) are -

''(1) to extend the period within which the Secretary of

Commerce may grant interim protective orders under section 914 of

title 17, United States Code, to continue this incentive for the

bilateral and multilateral protection of mask works; and

''(2) to codify the President's existing authority to revoke,

suspend, or limit the protection extended to mask works of

foreign entities in nations that extend mask work protection to

United States nationals.''

-CITE-