Copyright Law of the United States of America: Contained in Title 17 of the United States CodeUnited States
History
Copyright Law of the United States of America: Contained in Title 17 of the United States Code
United States
Copyright -- United States
(e) With respect to transmission programs that have been fixed and
transmitted to the public in the United States but have not been
published, the Register of Copyrights shall, after consulting with the
Librarian of Congress and other interested organizations and officials,
establish regulation governing the acquisition, through deposit or
otherwise, of copies or phonorecords of such programs for the
collections of the Library of Congress.
(1) The Librarian of Congress shall be permitted, under the standards
and conditions set forth in such regulations to make a fixation of a
transmission program directly from a transmission to the public, and to
reproduce one copy or phonorecord from such fixation for archival
purposes.
(2) Such regulations shall also provide standards and procedures by
which the Register of Copyrights may make written demand, upon the
owner of the right of transmission in the United States, for the
deposit of a copy or phonorecord of a specific transmission program.
Such deposit may, at the option of the owner of the right of
transmission in the United States, be accomplished by gift, by loan for
purposes of reproduction, or by sale at a price not to exceed the cost
of reproducing and supplying the copy or phonorecord. The regulations
established under this clause shall provide reasonable periods of not
less than three months for compliance with a demand, and shall allow
for extensions of such periods and adjustments in the scope of the
demand or the methods for fulfilling it, as reasonably warranted by the
circumstances. Willful failure or refusal to comply with the
conditions prescribed by such regulations shall subject the owner to
the right of transmission in the United States to liability for an
amount, not to exceed the cost of reproducing and supplying the copy or
phonorecord in question, to be paid into a specially designated fund in
the Library of Congress.
(3) Nothing in this subsection shall be construed to require the making
or retention, for purposes of deposit, of any copy or phonorecord of an
unpublished transmission program, the transmission of which occurs
before the receipt of a specific written demand as provided by clause
(2).
(4) No activity undertaken in compliance with regulations prescribed
under clauses (1) or (2) of this subsection shall result in liability
if intended solely to assist in the acquisition of copies or
phonorecords under this subsection.
Section 408. Copyright registration in general.
(a) Registration Permissive.--At any time during the subsistence of
copyright in any published or unpublished work, the owner of copyright
or of any exclusive right in the work may obtain registration of the
copyright claim by delivering to the Copyright Office the deposit
specified by this section, together with the application and fee
specified by sections 409 and 708. Subject to the provisions of
section 405(a), such registration is not a condition of copyright
protection.
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